Loading...
HomeMy WebLinkAbout20182125.tiffHEARING CERTIFICATION DOCKET NO. 2018-63 RE: 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 - TALLGRASS TERMINALS, LLC A public hearing was conducted on July 18, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Julie A. Cozad - EXCUSED Commissioner Mike Freeman Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Frank Haug Planning Services Department representative, Kim Ogle Public Works Engineer representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: Q--= I hereby certify thatpursuant to a notice dated May 30, 2018, and duly published June 4, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request 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. Frank Haug, Assistant County Attorney, made this a matter of record. Chair Moreno reviewed, for the applicant and thepublic, the procedures to follow should pp either case result in a tie vote due to four Commissioners being present and Commissioner Cozad excused. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and stated the 40 -acre parcel was created by Recorded Exemption and he provided the location in relation to relevant county roads and other oil and gas uses and in the area. He stated the site is not within the three (3) mile referral area of any municipality and staff received no correspondence of concern. He described the construction of the terminal, to be called the Grasslands Terminal, he reported the updates the terminal will have as it expands, and stated at full buildout the terminal will occupy the entire 40 -acre parcel to meet customer demand, and shared the site layout of Phase 1 and 2. He indicated eighteen (18) referral agencies have reviewed the application with five (5) responses that have been considered in the staff recommendation. He displayed images of the site and surrounding properties and entered the favorable recommendation of the Planning Commission into the record as written. Ce �. PL Cth I rro (Ep) ; (Sc)tet% irt liSta 2018-2125 PL2562 HEARING CERTIFICATION - TALLGRASS TERMINALS, LLC (USR18-0035) PAGE 2 Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, stating this site accesses from County Road (CR) 30 He provided the average daily traffic counts to include truck percentages and stated the traffic narrative indicated approximately 15 semi -truck and ten (10) passenger vehicle daily round trips The Department of Public Works is requiring tracking control and an Improvements Agreement Mr Pinkham discussed the requirement for a detention pond and a Drainage Report, therefore, the applicant is required to submit a final Drainage Report He stated a Weld County Grading Permit will be required if the applicant is disturbing more than an acre Ben Fussell, Department of Public Health and Environment, reviewed the water and sewer provisions, stating there will be ten (10) full-time employees A commercial well and engineered septic system are being proposed and will be required prior to issuance of the Certificate of Occupancy He stated Development Standards (DS) #6-23 address Environmental Health items le Cody Wagoner, applicant, began with a PowerPoint presentation and a brief overview of the large footprint Tallgrass Terminals has established in Weld County and beyond He discussed the pipeline associated with the current project is the Pony Express crude oil pipeline, which has connections with refineries in Kansas and Oklahoma, and laterals that branch off near Sterling, Colorado, into Weld County Mr Wagoner reviewed a previously permitted pipeline extension to the Grasslands facility near Platteville, and the Sterling facility that has been in operation for approximately four (4) years He stated it is a good representation of what this terminal will look like and described the structures, truck load out, storage and secondary containment Mr Wagoner explained the market will dictate the expansion and he displayed a picture of the access road picture of access road 12 No public testimony was offered concerning this matter In response to Chair Moreno, Mr Wagoner stated they are in agreeance with the Conditions and Development Standards, as presented la In response to Commissioner Kirkmeyer, Mr Wagoner stated the nearest residences are approximately 150 feet from the property line to the northwest and they had conversations with the nearest neighbors, with no objections He further stated there will be a Communications Plan, however, they have not outlined or submitted it yet Commissioner Kirkmeyer questioned if there is a need for a Communications Plan, but after further discussion, it was deemed necessary In response to Commissioner Conway, Mr Wagoner confirmed the contact information is provided within the Communication Plan He clarified that prior to any heavy activity, they will notify surrounding neighbors IC Commissioner Kirkmeyer stated a sufficient Communication Plan would be a one -page document providing contact information to the neighbor 2018-2125 PL2562 HEARING CERTIFICATION - TALLGRASS TERMINALS, LLC (USR18-0035) PAGE 3 IR In response to Commissioner Kirkmeyer, Mr Wagoner discussed his contact with the Farmers Reservoir and Irrigation Company (FRICO) and stated the proposed facilities are not close enough to the adjacent ditch or maintenance road to be a concern, however, FRICO requested a seepage easement wanting due to the adjacent and close proximity of the facility Commissioner Kirkmeyer suggested deleting Condition of Approval (COA) #1 C She reiterated the applicant agreed to a berm for screening on the northwest corner of the site and suggested adding a new COA #1 G 12 to require berming on the northwest corner of the property and requested staff provide language Commissioner Kirkmeyer recommended deleting the words "if applicable" concerning the entrance gate She stressed the importance of having an Emergency Action Plan in place, especially due to the three (3) surrounding fire districts, and that it needs to be updated on an annual basis She further suggested deleting Development Standard #4 regarding the number of employees In regard to DS #18, she suggested changing the noise standard from Commercial to Industrial Commissioner Kirkmeyer recommended a new DS #26 to require compliance with the Lighting Plan and meeting the Dark Skies requirement ' la In response to Commissioner Kirkmeyer, Mr Pinkham referred back to the last sentence of the Improvements Agreement and stated there is no need for trigger language in the Resolution He stated that any improvement that is performed to benefit the general public would be considered proportional share items as outlined in the agreement IM Mr Ogle interjected the language requiring an earth berm for the new COA #1 G 12 The Board agreed to all the aforementioned amendments (Clerk's note Following the hearing the request was edited to remove " and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the commercial or industrial Zone Districts " E In response to Chair Moreno, Mr Wagoner indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended El Commissioner Kirkmeyer moved to approve the request 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, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as amended and entered into the record The motion was seconded by Commissioner Conway, and it carried unanimously There being no further discussion, the hearing was completed at 10 27 a m This Certification was approved on the 23rd day of July, 2018 2018-2125 PL2562 HEARING CERTIFICATION-TALLGRASS TERMINALS, LLC (USR18-0035) PAGE 4 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dacha) jda0;4,4. Weld County Clerk to the Board BY: Deputy Clerk to the Boar APPAS tf- County Attorney Date of signature: eYe-03ra Steve Moreno, Chair arbara Kirkme • Sean P. Conway Pro-Te m riTtAX2-1--(ZrUktk Mike Freeman 2018-2125 PL2562 ATTENDAN E UST DATE. libI / NAME - PLEASE PRINT LEGIBLY EMAIL L , ADDRESS COUNTY OF RESIDENCE SPEAKING? (Y/N) _r\ 03,n N 0 .Er i csr7A",l -- vd ire, ,e ny, Z -j 30-, CP... ‹ec5e \&--1e3 J. Y 65 e .,--0/' - J rr/Lys 1. , 9 Ke wa 1'6( i4e4- Wo r t e i(as5 evv, ylip low. 3450 Vq.1 No f (7,1 .i )aKr (O \--IA cso, ./ii CC2)1 �. j e. -, e_ r Cadw o. a o? YaM r4) re-+— 3e)0 Uok — 5 I Cam.( \ S on M T3C_LA/A-, S Q -a. ----) ( s3 1c —.,1S -n U.3 z1 i x-NetCL.O., C --1‘.1:1---n eltloson gt3,(24m c) -)n ,o rn Zszo3 Q,R 53 Y Crsey WW1 d LI j ► -f SP -RA -H CA -22 Barak. revile/ (art -Oral /tom /0209.2 047,2 E:r4-ron./ (5Oc/s w��-D Y CAN\EP-o L3 L,4\1/4::,() lt"..efO4,re-' 1 rreki r"„ -1 IC 1( ivic c-trec ley CO,5ce,3) L fe%rv, 6-e (:)-.J-O4`a\ Li-_-‘A._C>, bK,SNA, -lc- -5.k\Ctt•--k_- 6_‘-,f,-„,4 60ci,-. V.,_siWilt c \ -3( (A Y ZV _ O1 l CSn '—I Q-yGkDO,CDM 1:7.,'-`" _ e_tD 7:( J ct (i _ yq7C)- 1, c�C G ZlC7�/�Gmy,�can kr5e) ���oP WC 3.>' 6-ki %i/e/✓'J y Hello