HomeMy WebLinkAbout20182114.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, 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: USR18-0035
APPLICANT: TALLGRASS TERMINALS, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS STORAGE
FACILITY WITH TRANSLOADING; AND ANY USE PERMITTED AS A USE BY
RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -2045, BEING PART S2NW4 SECTION 24, T3N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 0.5 MILES NORTH OF CR 30 AND APPROXIMATELY 0.25 MILES
EAST 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 A.Goal 7. County land use regulations should protect the individual property
owner's right to request a land use change.
The applicant acquired the property currently in dryland agriculture for the purpose of constructing a
crude oil storage terminal. The facility is located in close proximity to existing infrastructure and to similar
uses on adjacent properties.
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 land that Tallgrass is proposing to convert to industrial use is non -irrigated rangeland that is located
in a rural area where there is a significant amount of oil and gas storage, processing, and transmission of
petroleum product activity already occurring on adjacent properties. In addition, the property currently
has two oil and gas production wells, one of which was recently plugged and abandoned.
Section 22-2-20.H A.Goal 8. 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 commercial well, permit
number 306411, permitted for drinking and sanitary facilities. A proposed onsite waste water treatment
system will handle the effluent flows. Access to the facility is via a private easement across lands
adjacent to the east and will utilize an approved shared access point onto County Road 30.
Section 22-2-20.1 A.Goal 9. Reduce potential conflicts between varying land uses in the conversion of
traditional agricultural lands to other land uses
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The proposed facility is located on land being converted to an industrial use is currently non -irrigated
agricultural land adjacent to Saddle Butte's Milton Terminal as well as terminals operated by Anadarko,
Magellan, Rose Rock (White Cliffs) and the future and previously permitted Noble Energy Roan and
Discovery DJ Services Winchester crude oil terminal facilities.
Section 22-2-20.1.5 A.Policy 9.5. Applications for a change of land use in the agricultural areas should
be reviewed in accordance with all potential impacts to surrounding properties and referral agencies.
Encourage applicants to communicate with those affected by the proposed land use change through
the referral process.
The 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.
Section 22-5-100.A.2 (OG.Policy 1.2) states: "Oil and gas support facilities which do not rely on geology
for locations should locate in commercial and industrial areas, when possible, and should be subject to
review in accordance with the appropriate sections of this (Weld County] Code."
The proposed Grasslands Storage Facility site is located in a sparsely populated area of the County
where there is already a significant amount of oil and gas development. Since the site will primarily utilize
piping to bring oil to the tanks in Phase 1 of the facility, the site will generate very little oil and gas traffic in
the area once the facility is operational. Phase 2 would also generate very little traffic because the oil
would be piped to the tanks. While construction of the site will generate some impacts because of the
extra activity and trips to the site, once it is constructed, the site and the impact on the surrounding
land will be minimal.
Section 22-5-100.6.6 OG.Policy 2.6. Promote the safety of all citizens and structures that are in
relatively close proximity to oil and gas facilities.
The applicant will be required to create and obtain approval from the LaSalle Fire Protection District
and Weld County Office of Emergency Management of an Emergency Action Plan for the facility. The
applicant indicates that Tallgrass has been in contact the Fire District, as well as the adjacent fire
protection districts to inform them about the project and coordinate with them on an emergency action
plan. An Emergency Information Sheet will be distributed to the District every year with updated
information.
To further protect the adjacent citizens and structures, the crude oil storage tanks will be equipped with
a foam suppressant apparatus that will be activated in the event of a fire at the tank farm.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Citing the Weld County Code, Section 23-3-40.A.1 provides for a Site Specific Development Plan and
Special Review Permit for Mineral Resource Development facilities, including, Oil and Gas Storage
Facilities and Section 23-3-40.A.7 for Transloading; in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding
land uses.
The Grasslands Storage Facility property and surrounding areas are rangeland that is used for cattle
grazing and oil and gas facilities. The proposed facility will be similar in use and smaller in scale
compared to the surrounding oil and gas facilities located west, south and east of the subject property.
There are few residences in the area, the closest one being located approximately 1;,00 feet from the
northwest corner of the property accessing off of County Road 47. Tallgrass has reached out to
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neighbors in the area to let them know about the project and find out if they have any compatibility
concerns that will need to be addressed. Planning staff has not received any correspondence or
telephone calls concerning this application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of
the surrounding area as permitted by the existing zoning and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or
the adopted Master Plans of affected municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it located within any
existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article XI, of the Weld County Code.
The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee
area.
The site is not in a Special Flood Hazard, Geologic Hazard or the Airport Overlay area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road
Impact Fee 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 is located within a 40 acre tract of land identified as having 28.5 acres of "other
lands" and 11.5 acres of "Prime if irrigated lands" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. As there is no irrigation water associated with the proposed facility and
currently no irrigation located on site, no prime agricultural lands will be taken 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. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing engineering requirements, submission of
collateral, and testing and approval of completed improvements. The Agreement shall require the
construction of the following capital improvements. (Department of Public Works)
1. Future off -site improvements to be completed:
a. Design and construct a left deceleration/turn lane on CR 30 whenever traffic exceeds 10
vehicles per hour (VPH) turning left into the Property for an average daily peak hour.
b. Design and construct a right deceleration/turn lane on CR 30 whenever traffic exceeds 25 VPH
turning right into the Property for an average daily peak hour.
c. Design and construct a right acceleration lane on CR 30 whenever traffic exceeds 50 VPH
turning right out of the Property for an average daily peak hour.
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d. Design and construct a left acceleration lane on CR 30 whenever such a lane would be a benefit
to the safety and operation of the roadway. The County, in its sole discretion, shall determine if
a left acceleration lane is required.
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)
C. The applicant shall attempt to address the concerns of the Farmer's Reservoir and Irrigation Company,
referral dated May 11, 2018. Evidence of approval shall be submitted to the Department of Planning
Services.
D. The applicant shall develop a Lighting Plan to include dark sky standards for review and approval by the
Department of Planning Services. (Department of Planning Services
E. The applicant shall develop a Decommissioning Plan for the facility for review and approval by the
Department of Planning Services. (Department of Planning Services)
F. The applicant shall develop a Communication Plan with the surrounding property owners, for review and
approval by the Department of Planning Services. (Department of Planning Services) — Required?
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0035 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County
Code addresses the issue of trash collection areas. (Department of Planning Services)
5. 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 on the site plan the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County. (Department of Public
Works)
6. Show and label the approved access locations, approved access width and the appropriate turning
radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s)
prior to construction. (Department of Public Works)
7. Show and label the approved tracking control on the site plan. (Department of Public Works)
8. 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)
9. Show and label a 30ft minimum access and utility easement to provide legal access to the parcel on
the site plan. (Department of Public Works)
10. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall
include the calculated volume. (Department of Public Works)
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11. 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)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as
appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate
system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps(@co.weld.co.us. (Department of Planning
Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction. This site
requires a tracking control device and 100 feet of recycled asphalt or road base OR 300 feet of asphalt
for tracking control. (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)
6. Prior to the issuance of the Certificate of Occupancy:
A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and shall be
installed according to the Weld County On -Site Wastewater Treatment System Regulations. The OWTS
is required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. (Department of Public Health & Environment)
B. Commercial well permit number 306411 is currently permitted to be used for drinking and sanitary
facilities for a commercial business. The applicant to provide written evidence that the well has been
constructed prior to the permit expiration date of August 8, 2019. (Department of Planning Services)
7. 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)
8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review 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)
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Motion seconded by Bruce Johnson.
VOTE:
For Passage Against Passage
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Absent
Bruce Sparrow
Jordan Jemiola
Terry Cross
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 June 19, 2018.
Dated the 19th of June, 2018
Kristine Ranslem
Secretary
RESOLTUION USR18-0035
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tallgrass Terminals, LLC
Grasslands Storage Facility
USR18-0035
1. A Site Specific Development Plan and Special Review Permit, USR18-0035 for Mineral Resource
Development Facilities, Oil and Gas Storage Facility with Transloading; and any use permitted as a Use
by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial zone districts, in
the A (Agricultural) Zone District. (Tallgrass Terminals, LLC Grasslands Storage Facility), 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 hours of operation are 24 hours a day, seven days a week, as stated by the applicant(s). (Department
of Planning Services)
4. Number of employees principally employed at the crude oil storage facility is limited to ten (10) persons
per day, as stated by the applicant(s). (Department of Planning Services)
5. 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)
6. 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 & Environment)
7. 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 & Environment)
8. 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 & Environment)
9. 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 & Environment)
10. 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 & Environment)
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers. (Department of Public Health & Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health & Environment)
13. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health & Environment)
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14. All potentially hazardous chemicals 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 & Environment)
15. 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 Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations. (Department of Public Health & Environment)
16. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health & Environment)
17. 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 & Environment)
18. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health & Environment)
19. 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 & Environment)
20. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site or as applicable. (Department of Public Health &
Environment)
21. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health & Environment)
22. 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 & Environment)
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health & Environment)
24. 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)
25. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. 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)
26. The property owner shall control noxious weeds on the site. (Department of Public Works)
27. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
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PAGE 9
29. 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)
30. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
31. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
32. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
33. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
34. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2017
National Electrical Code. A Building Permit Application must be completed and two (2) 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 Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
35. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
36. 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. (Department of Planning Services)
37. 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. (Department of Planning Services)
38. 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. (Department of Planning Services)
39. 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.
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.
40. 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,
RESOLTUION USR18-0035
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PAGE 10
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.
PL tsA\nu#e,s
(0b1 iq I its
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 19, 2018
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 Vice -
Chair, Gene Stille, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Absent: Terry Cross, Bruce Sparrow, Jordan Jemiola.
Also Present: Kim Ogle, Chris Gathman and Michael Hall, Department of Planning Services; Lauren Light
and Ben Frissell, Department of Health; Evan Pinkham and Hayley Balzano, Public Works; Bob Choate,
County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR18-0035
TALLGRASS TERMINALS, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS STORAGE
FACILITY WITH TRANSLOADING; AND ANY USE PERMITTED AS A USE BY
RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT B REC EXEMPT RE -2045, BEING PART S2NW4 SECTION 24, T3N, R65W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
APPROXIMATELY 0.5 MILES NORTH OF CR 30 AND APPROXIMATELY 0.25
MILES EAST OF CR 47.
Kim Ogle, Planning Services, presented Case USR18-0035, 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.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and the drainage
conditions for the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Cody Wagoner, Tallgrass Terminals, 370 Van Gordon Street, Lakewood, Colorado, stated that Tallgrass
Energy is proposing 150,000 barrel tanks in Phase 1 of the development. Phase 2 will include up to three
additional 250,000 barrel tanks. There will also be a truck LACT facility on site in the event it may be
needed in an emergency.
Commissioner Ford asked if customers are already in place. Mr. Wagner replied that they do have
customers lined up.
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 USR18-0035 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 Michael Wailes, Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
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Meeting adjourned at 3:18 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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