HomeMy WebLinkAbout20182113.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0035, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL
AND GAS STORAGE FACILITY WITH TRANSLOADING IN THE A (AGRICULTURAL)
ZONE DISTRICT - TALLGRASS TERMINALS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 18th day of
July, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Tallgrass Terminals, LLC, 370 Van Gordon St., Lakewood, CO 80228, for a
Site Specific Development Plan and Use by Special Review Permit, USR18-0035, for Mineral
Resource Development Facilities, Oil and Gas Storage Facility with Transloading in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RE -2045; being part
of the S1/2 NW1/4 of Section 24, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "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.
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2) 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 (2) oil and gas production wells, one of which was
recently plugged and abandoned.
3) 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 commercial well, permit
number 306411, permitted for drinking and sanitary facilities. A
proposed On -Site 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.
4) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." 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.
5) 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
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 (3) 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.
6) 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
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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.
7) Section 22-5-100.B.6 (OG.Policy 2.6) states: "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 for an Emergency Action
and Safety Plan for the facility. The applicant indicates that
Tallgrass has been in contact with 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 23-2-230.B.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 allows
for Transloading, in the A (Agricultural) Zone District.
C. Section 23-2-230.B.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, with the closest one being located approximately 100 feet from
the northwest corner of the property accessing off of CR 47. Tallgrass has
reached out to 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.
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D. Section 23-2-230.6.4 -- 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 23-2-230.B.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 23-2-230.B.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 23-2-230.B.7 — 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Tallgrass Terminals, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0035, for Mineral Resource
Development Facilities, Oil and Gas Storage Facility with Transloading in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
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.
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B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The applicant shall develop a Lighting Plan to include Dark Sky Standards
for review and approval by the Department of Planning Services.
D. The applicant shall develop a Decommissioning Plan for the facility for
review and approval by the Department of Planning Services.
E. The applicant shall develop a Communication Plan with the surrounding
property owners, for review and approval by the Department of Planning
Services. It may consist of a one (1) page point of contact for the facility
and provided to the surrounding property owners.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0035.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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.
5) CR 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
the future and existing right-of-way on the site plan. All setbacks
shall be measured from the edge of future right-of-way. This road is
maintained by Weld County.
6) Show and label the approved access locations, approved access
width and the appropriate turning radii (60 feet) on the site plan. The
applicant must obtain an Access Permit in the approved location(s)
prior to construction.
7) Show and label the approved tracking control on the site plan.
8) Show and label the entrance gate. 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.
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9) Show and label a 30 -foot minimum access and utility easement to
provide legal access to the parcel on the site plan.
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.
11) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
12) The applicant shall submit a site plan showing an earth berm at the
northwest corner of the property to visually mitigate the concerns of
the neighbors.
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.
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 be added for each additional three (3)
month period.
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.
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.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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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 OVVTS is
required to be designed by a Colorado Registered Professional Engineer,
according to the Weld County Individual Sewage Disposal Regulations.
B. Commercial Well Permit #306411 is currently permitted to be used for
drinking and sanitary facilities for a commercial business. The applicant
shall provide written evidence that the well has been constructed prior to
the permit expiration date of August 8, 2019.
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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of July, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddrA4,O��
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boa
Ste Moreno, Chair
arbara Kirkmeye , Pro -Tern
can P. Conway
APED AS T���•' "',!�';. �_ CUSED
County A torney
Mike Freeman
Date of signature: o8-03-18
ulie A. Cozad
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TALLGRASS TERMINALS, LLC
USR18-0035
1. The Site Specific Development Plan and Special Review Permit, USR18-0035, is for
Mineral Resource Development Facilities, Oil and Gas Storage Facility with Transloading
in the A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 24 hours a day, seven (7) days a week, as stated by the
applicant(s).
4. 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.
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
6. 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, C.R.S. §30-20-100.5.
7. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I, of the Weld County Code.
8. 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.
9. 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 of the
Colorado Department of Public Health and Environment, as applicable.
10. 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
two (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.
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems.
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13. 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.
14. 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 Commission (COGCC) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
15. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
16. 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.
17. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone, as delineated in C.R.S. §25-12-103.
18. 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.
19. 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.
20. The facility shall notify the County of any revocation and/or suspension of any state -issued
permit.
21. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a state -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
24. 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
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public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
25. The applicant shall maintain compliance with the approved Lighting Plan.
26. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
27. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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.
30. The Property Owner shall comply with all requirements provided in the executed
Improvements Agreement.
31. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates.
32. The historical flow patterns and runoff amounts on the site will be maintained.
33. Weld County is not responsible for the maintenance of on -site drainage related features.
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.
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.
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.
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
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permitted. Any other changes shall be filed in the office of the 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.
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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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