HomeMy WebLinkAbout20201668.tiff EXHIBIT
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION . n _ dO0
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch , 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 : USR20-0004
APPLICANT : COLORADO LIBERTY PIPELINE
PLANNER : DIANA AUNGST
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE ( STORING AND
TRANSPORTING CRUDE OIL ) IN THE A (AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOTS A AND B OF RE -3171 : BEING PART OF THE W2NE4 SECTION 26 . T3N .
R65W OF THE 6TH P . M . , WELD COUNTY , COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 30 AND APPROXIMATELY 0 . 25 MILES
WEST OF CR 47
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 . "
The site is located in a rural area where there is a significant amount of oil and gas activity including
oil and gas support and service facilities and oil and gas storage facilities . This USR is in an area that
can support this development and the Development Standards and the Conditions of Approval will
assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region .
Section 22-5- 100. 8 . 6. - OG. Goal 2. 6. states "Promote the safety of all citizens and structures that
are in relatively close proximity to oil and gas facilities. "
The Terminal is located adjacent to two rural - residential properties and within one- half mile of similar
oil and gas development to the east and north . Since the Terminal will use piping to bring oil to the
tanks it will generate very little traffic . Once operating there will be eight ( 8) employees daily and up to
fifteen ( 15 ) employees occasionally . The construction of the site will generate some impacts because
of the extra activity . During operations . approximately 12 - 18 roundtrip passenger cars and/or trucks
per day are anticipated . In addition , there will also be 2 -4 roundtrips per day of a truck and trailer
(typically a 1 -ton or 1 1/2 ton truck towing a flatbed ) . Occasionally there may be a semi with a large
track hoe or crane .
Section 22-2-20. H. - A . Goal 8. states "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development. "
The proposed facility will utilize an approved Division of Water Resources well for drinking and
sanitary facilities . A proposed onsite wastewater treatment system will handle the effluent flows .
Access to the facility is via an access point onto County Road 30 .
Section 22-2- 20. 1. 5 - A . Policy 9. 5. states "Applications fora change of land use in the agricultural
areas should be reviewed in accordance with all potential impacts to surrounding properties and
RESOLUTION USR20-0004
COLORADO LIBERTY PIPELINE
PAGE 2
referral agencies Encourage applicants to communicate with those affected by the proposed land
use change through the referral process"
The site is not located within the three-mile referral area of a municipality or a County Local and
State referral agencies were contacted for their comments concerning this proposed facility and as
appropriate, their comments have been included in the staff recommendation as a Condition of
Approval or a Development Standard Planning staff has not received any correspondence or
telephone calls concerning this application
B Section 23-2-220 A 2 --The proposed use is consistent with the intent of the A(Agricultural)Zone
District
Section 23-3-10—Intent states, "The A (Agncultural)Zone District is also intended to provide areas
for the conduct of uses by Special Review which have been determined to be more intense or to
have a potentially greater impact than uses Allowed by Right"
This code section allows the applicant to apply for a Use by Special Review permit for the subject
business which is more intense than Uses Allowed by Right
Section 23-3-40 V —Uses by special review,of the Weld County Code states,"Oil and Gas Storage
Facilities"This code section allows the applicant to apply for a USR for this use
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The adjacent lands consist of pastures,crops,rural residences and multiple oil and gas support and
service facilities There are two residences within 500-feet of the site,one is west of the site and one
is east of the site Approximately one-half(1/2) mile east of the site are two other terminal facilities
There are fifteen(15)USRs within one mile of this site Amended USR-1276 for a composting facility,
USR17-0036 for steel fabrication, 2nd Amended USR19-17-0034 for a greater than 12-inch (16-20-
inch)natural gas pipeline,USR18-0007 for a greater than 12-inch high pressure natural gas pipeline,
USR18-0103 for a greater than 13-inch, (up to 20-inch crude oil) pipeline,
USR12-0030 roust-a-bout and excavating service, USR-1420 second single-family residence,
USR16-0042 oil and gas storage facility with transloading, USR15-0016 oil and gas storage facility
and transloading, MUSR13-0011 oil and gas storage facilities, 3rd Amended MUSR18-07-1614 oil
and gas storage facility, MUSR16-0005 oil and gas support and service, USR18-0035 crude oil
terminal, 2nd MUSR17-15-0012 crude oil polishing terminal, and 1st MUSR16-11-0009 oil and gas
support and service
The Weld County Department of Planning Services sent notice to seven (7) surrounding property
owners within 500 feet of the proposed USR boundary No correspondence or phone calls were
received
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 with an Intergovernmental Agreement area (IGA), a Cooperative Planning
Agreement area (CPA), a Regional Urbanization Area (RUA) or Urban Growth Boundary(UGB)
The site is not located within a three (3) mile referral area of any municipality
E Section 23-2-220 A 5 --The application complies with Chapter 23, Articles V and XI, of the Weld
' County Code
RESOLUTION USR20-0004
COLORADO LIBERTY PIPELINE
PAGE 3
The property is not within the MS4 , the Geologic Hazard Overlay District , a Special Flood Hazard
Area or the Airport Overlay District . 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 Programs .
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 facility located on soils designated as " Other" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map . This USR will not take any - Prime ( Irrigated ) " Farmland
out of production .
G . Section 23-2-220 . A . 7 -- There is adequate provisions for the protection of the health , safety , and
welfare of the inhabitants of the neighborhood and County .
The Design Standards (Section 23-2-240 , Weld County Code) , Operation Standards ( Section 23-2-
250 , Weld County Code ) , Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of 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 map :
A . A Road Maintenance Agreement is required at this location . Road maintenance includes , but is not
limited to , dust control and damage repair to specified haul routes . ( Department of Public Works)
B . A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required . ( Department of Public Works)
District , as stated in the referral response dated January 28 , 202O. Evidence of such shall be
Services)
f Farmer' s Reservoir and irrigation
Company , as stated in the referral response dated February 18, 2020 . Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. ( Department of Planning
Services)
E . Tie applicant sha submit . (Department of Planning Services}
F . The applicant shall submit a Noise Abatement Plan . ( Department of Planning Services)
G . The USR map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR20- 0004 . ( Department of Planning Services )
2 ) The attached Development Standards . ( Department of Planning Services )
3 ) The map shall be prepared per Section 23-2- 260 . D of the Weld County Code . ( Department of
Planning Services)
RESOLUTION USR20-0004
COLORADO LIBERTY PIPELINE
PAGE 4
4) The applicant shall delineate on the map the trash collection areas Section 23-2-240 A 13 of
the Weld County Code addresses the issue of trash collection areas (Department of Planning
Services)
5) The map shall delineate the approved lighting plan (Department of Planning Services)
6) All signs shall be shown on the map (Department of Planning Services)
7) The map shall delineate the approved landscaping/screening plan (Department of Planning
Services)
8) The map shall delineate the parking area on the map (Department of Planning Services)
9) County Road 30 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout
The applicant shall delineate and label on the site map or plat the future and existing right-of-
way(along with the documents creating the existing right-of-way)and the physical location of
the road All setbacks shall be measured from the edge of right-of-way This road is
maintained by Weld County (Department of Public Works)
10) Show and label the approved access location, approved access width and the appropriate
turning radii(60')on the site plan The applicant must obtain an access permit in the approved
location prior to construction (Department of Public Works)
11) Show and label the approved tracking control on the site plan (Department of Public Works)
12) Show and label the entrance gate if applicable An access approach that is gated shall be
designed so that the longest vehicle(including trailers)using the access can completely clear
the traveled way when the gate is closed In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet (Department of Public Works)
13) Show and label the accepted drainage features Stormwater ponds should be labeled as
"Stormwater Detention, No-Build or Storage Area" and shall include the calculated volume
(Department of Public Works)
14) Show and label the drainage flow arrows (Department of Public Works)
15) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Public Works)
2 Upon completion of Condition of Approval#1 above, the applicant shall submit one (1) electronic copy
(pdf) of the map for preliminary approval to the Weld County Department of Planning Services Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The map shall be prepared in accordance with the
requirements of Section 23-2-260 D of the Weld County Code The Mylar map 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)
3 In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012,should the map 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)
RESOLUTION USR20-0004
COLORADO LIBERTY PIPELINE
PAGE 5
4 Prior to Construction
A The approved access and tracking control shall be constructed prior to on-site construction
(Department of Public Works)
B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Public Works)
5 Prior to Certificate of Occupancy
A An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations The septic system
is required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Onsite Wastewater Treatment System Regulations (Department of Public Health and
Environment)
B Documentation showing the facility has a permanent,adequate water supply for drinking and sanitary
purposes (Department of Public Health and Environment)
6 Prior to Certificate of Occupancy or Within one month of operation
A The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District The plan shall be reviewed on an annual basis by the Facility
operator,the Fire District,and the Weld County Office of Emergency Management Submit evidence
of acceptance to the Department of Planning Services (Department of Planning Services)
7 The Use by Special Review is not perfected until the Conditions of Approval are completed and the map
is recorded Activity shall not occur,nor shall any building or electrical permits be issued on the property,
until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement (Department of Planning
Services)
RESOLUTION USR20-0004
COLORADO LIBERTY PIPELINE
PAGE 6
Motion seconded by Lonnie Ford
VOTE
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stile
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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 May 19, 2020
Dated the 19th of May, 2020
Kristine Ranslem
Secretary
I
RESOLUTION USR20-0004
COLORADO LIBERTY PIPELINE
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Colorado Liberty Pipeline, LLC
USR20-0004
1 A Site specific Development Plan and Use by Special Review Permit, USR20-0004,for Oil and Gas
Storage Facilities (four (4) 200,000 bbl storage tanks, associated appurtenances) in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon (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 number of on-site employees shall be fifteen (15) (Department of Planning Services)
4 The hours of operation are proposed to be 24 hours a day, 7 days per week
5 The screening/landscaping shall be maintained (Department of Planning Services)
6 The parking area shall be maintained (Department of Planning Services)
7 The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services
(Department of Planning Services)
8 All signs shall adhere to Chapter 23,Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code (Department of Planning Services)
9 The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15,Article I and,II, of the Weld County Code (Department of Public Works)
10 The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off-site tracking (Department of Public Works)
11 There shall be no parking or staging of vehicles on public roads On-site parking shall be utilized
(Department of Public Works)
12 Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of-Way Use Permit prior to commencement (Department of Public Works)
13 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Department of Public Works)
14 The Road Maintenance Agreement for this site may be reviewed on an annual basis,including a site
visit and possible updates (Department of Public Works)
15 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
16 Weld County is not responsible for the maintenance of onsite drainage related features (Department
of Public Works)
17 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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)
RESOLUTION USR20-0004
COLORADO LIBERTY PIPELINE
PAGE 8
18 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, 30 20 100 5, C R S (Department of Public Health and Environment)
19 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris,and other potential nuisance conditions The facility shall operate in accordance with
Chapter 14,Article 1 of the Weld County Code (Department of Public Health and Environment)
20 Fugitive dust should attempt to be confined on the property Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations (Department of Public Health and
Environment)
21 The applicant shall submit an Air Pollution Emission Notice (A P E N) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division,Colorado Department of Public
Health and Environment, as applicable (Department of Public Health and Environment)
22 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 Portable toilets shall be screened from the
public ROW and any adjacent properties (Department of Public Health and Environment)
23 Any septic system located on the property must comply with all provisions of the Weld County Code
pertaining to On-site Wastewater Treatment Systems(OWTS) A permanent,adequate water supply
shall be provided for drinking and sanitary purposes (Department of Public Health and Environment)
24 The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable (Department of Public Health and Environment)
25 All potentially hazardous chemicals on-site must be handled in a safe manner in accordance with
product labeling All chemicals must be stored secure,on an impervious surface,and in accordance
with manufacturer's recommendations (Department of Public Health and Environment)
26 Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation Secondary containment shall be
sufficiently impervious to contain any spilled or released material Secondary containment devices
shall be inspected at regular intervals and maintained in good condition All secondary containment
will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or the
provisions of the State Underground and Above Ground Storage Tank Regulations (Department of
Public Health and Environment)
27 As applicable,a Spill Prevention,Control and Countermeasure Plan,prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available (Department of Public Health and
Environment)
28 The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur (Department of Public Health and Environment)
29 Any contaminated soils on the facility shall be removed,treated or disposed of in accordance with all
applicable rules and regulations All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations (Department of Public Health and Environment)
RESOLUTION USR20-0004
COLORADO LIBERTY PIPELINE
PAGE 9
30 The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C R S (Department of Public Health and Environment)
31 The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable (Department of Public Health and Environment)
32 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
33 The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance (Department of Public Health and Environment)
34 The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code (Department of Public Health and Environment)
35 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)
36 A building permit may be required, per Section 29-3-10 of the Weld County Code Currently the
following has been adopted by Weld County 2018 International Codes, 2006 International Energy
Code, 2017 National Electrical Code, A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review A geotechnical engineering report performed by a registered
State of Colorado engineer shall be required or an open hole inspection (Department of Building
Inspection)
37 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
38 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
Development Standards are permitted Any other changes shall be filed in the office of the
Department of Planning Services
39 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
40 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources,including, but not limited to,sand and gravel,oil, natural gas,and coal
Under title 34 of the Colorado Revised Statutes,minerals are vital resources because(a)the state's
commercial mineral deposits are essential to the state's economy, (b)the populous counties of the
state face a critical shortage of such deposits,and(c)such deposits should be extracted according to
a rational plan,calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state
RESOLUTION USR20-0004
COLORADO LIBERTY PIPELINE
PAGE 10
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover,these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource
41 WELD COUNTY'S RIGHT TO FARM STATEMENT 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
EXHIBIT
t.N\vukk--€3 I
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
51 (q 2,OZOi Tuesday , May 19 , 2020
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,
Michael Wailes , at 12 : 30 pm .
Roll Call .
Present : Michael Wailes , Bruce Johnson , Gene Stifle , Tom Cope , Lonnie Ford , Richard Beck , Elijah Hatch ,
Skip Holland .
Also Present : Kim Ogle and Diana Aungst , Department of Planning Services ; Lauren Light , Department of
Health ; Mike McRoberts , Melissa King and Zack Roberson , Public Works ; Bob Choate , County Attorney .
and Kris Ranslem , Secretary .
CASE NUMBER : USR20-0004
APPLICANT: COLORADO LIBERTY PIPELINE
PLANNER : DIANA AUNGST
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR OIL AND GAS STORAGE FACILITIES ( FOUR
(4 ) 200 . 000 BBL STORAGE TANKS , AND ASSOCIATED
APPURTENANCES ) IN THE A (AGRICULTURAL ) ZONE DISTRICT
LEGAL DESCRIPTION LOTS A AND B OF RE -3171 ; BEING PART OF THE W2NE4 SECTION
26 , T3N , R65W OF THE 6TH P . M . . WELD COUNTY. COLORADO .
LOCATION : SOUTH OF AND ADJACENT TO CR 30 AND APPROXIMATELY 0 . 25
MILES WEST OF CR 47 .
Diana Aungst , Planning Services , presented Case USR20-0004 , reading the recommendation and
comments into the record . Ms . Aungst noted that one ( 1 ) phone call was received with concerns in regard
to lighting . She added that a photometric plan was received from the applicant showing 0-foot candles at
the property line and that the lights will not spill onto the neighboring properties . The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards .
Mike McRoberts , Public Works , reported on the existing traffic , access to the site and drainage conditions
for the site .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan .
Chad Polak , Phillips 66 , 3960 East 56th Avenue , Commerce City , Colorado , stated that there will be a
pipeline 720 miles long from Guernsey , Wyoming through their terminal facilities in Weld County and then
to Cushing , Oklahoma .
Mr . Polak said that the proposed tanks at the terminal facility in Platteville will be designed , constructed and
maintained to meet or exceed federal and state regulations . He added that they purchased a total of 80
acres , however, 40 acres will be developed for the proposed project . Mr. Polak stated that there will be two
200 mbbls storage tanks , an office/warehouse building , three mainline pumps , two vertical pumps , surge
skid and tank , two DRA skids which will inject fluid into the pipelines to help with viscosity .. launch and
receiver and lighting and power will be provided by United Power.
Mr . Polak said that the well permit that they received from CDPHE expressly prohibits landscape irrigation .
He referred to Condition of Approval 1 . E regarding the landscape/screening plan and asked that based on
the limitation from CDPHE that this item be removed . Additionally , he stated that they are close to existing
terminals that have no landscaping requirements but are fenced .
Commissioner Johnson asked if the pipeline is already installed . Mr. Polak said that they are working
through the LAP process currently .
1
Commissioner Cope asked if the pipeline can be continuous without having to store it Mr Polak said that
it is continuous and added that this facility will be a jump off for any type of crude They will also have
additional connection points for other third-party shippers at this location
Commissioner Cope asked if the electrical substation will be part of this permit Mr Polak replied yes
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one in the room wished to speak and no emails were received from the public who were viewing the live
stream
Commissioner Cope said that it doesn't appear the electric substation is shown on the USR site plan Mr
Polak said that site will include a power substation and provided a visual slide of where the substation will
be located
The Chair referred to Condition of Approval 1 E Ms Aungst said that Staff would like to leave this condition
of approval in as there may be some landscaping that could be put in to soften the effect from the
surrounding property owners
Motion Remove Condition of Approval 1 E, Moved by Gene Stille, Seconded by Elijah Hatch
Vote Motion passed (summary Yes=6, No=2,Abstain =0)
Yes Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck, Skip Holland
No Michael Wailes, Tom Cope
Ms Aungst requested said that 1 C and 1 D be removed She added that she received some paperwork
this morning from FRICO stating that they have no objection to the proposed location Additionally, the
Platteville-Gilcrest Fire District said that the water line on the north side of County Road 30 is not a possibility
for a hydrant because it is dedicated line to the City of Ft Morgan
Motion Remove Condition of Approvals 1 C and 1 D, Moved by'Bruce Johnson, Seconded by Tom
Cope Motion carried 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
Motion Forward Case USR20-0004 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 Elijah Hatch, Seconded by Lonnie Ford
Vote Motion carried by unanimous roll call vote(summary Yes=8)
Yes Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope
Meeting adjourned at 6 15 pm
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
John Doe 123 Nowhere Street, City, State, Zip
ILL. J r ra cft LLL1
, ( T' \al i Hay. 't f I qloG 6 f.:11,4L it o , f (LA/rase i '. J i rAzi.Ly leech . r _ l i
l.l1A r / a I L / :1 i, I " 542e 4 -i ?` jF 7 /rail i Iv 2Y-- tie 4' -'G _{ * i ;
Sit Ci0LVAt7i, .146 e«` :c,11_. A r i _ rA,:itm i i. t '&1e- ,j.q r !<<lifa. eirizi t rn • , . 4-e,
cY-1L i.k2tr mean l ( dzn E4St,-v A .S , f) fip,o< <I ' a .) I, &i≤- / ( ): i Li I ' 4 ..-, - -.4a rllil - eeffri
- " Cm L 1 , L� i\- I. (. /y: ' 44 . < t i Lttiliddidt Lx ii lit tt ,Ce7IEVLA £ flk ,
! . ALIT' f)1try¢;' ' 1 (IL ' , Cc 1c,
• Il t ,.[ i Y•i l iI 'i • ` (1 C L41 _l` l T1 \ if ■ 1r L1iL./ L,. ( CI AL)42V It ; t .4_ itI ,-At } },1i11i - 4I .
[A.) ai > f �9: ) 2 r '; r R F-4 I.: -t.t : . - , .<' • / ti:
L I ki Ph elf f • Uza 25 ♦ ',"S - \C A, Sr I II I . , f l _id t t ln ✓ S C% ..7T /Al at Len M I 1 at 4
L] . [t *L, 'I ile`n zt 51492 _Call 1 Si.. 4J'u.2 6l" ,'Air Ili a (‘ . L'feW
gealH' - CL C(249 i it 1. b •
ML #Z'Y CLI Lii1Ct - ';‘,4 142 9e1 f ") 9&2PPM et tL /4c • f it '. 4t/I12th/. 'Jan :
T
Qt-\tr i Lu -'j"j ' --1 , J I<' i- ' ( cy i Kilt j r 1 ! t , 4-cis Lt , itc.t-Itnzila_uhal it I
Hello