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HomeMy WebLinkAbout20170404.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope. 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. APPLICANT. PLANNER REQUEST LEGAL DESCRIPTION LOCATION. USR16-0042 ALVIN DECHANT JR AND DAVID DECHANT. C/O NBL MIDSTREAM HOLDINGS, 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. PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS AND A CONSTRUCTION LAYDOWN YARD IN THE A (AGRICULTURAL) ZONE DISTRICT W2 SECTION 25, T3N. R65W OF THE 6TH P.M . WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO CR 30. APPROXIMATELY 2600 FEET WEST OF CR 49 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 land that Noble is proposing to convert to industrial uses is non -irrigated rangeland that is located in a rural area where there is a significant amount of oil and gas activity already occurring on adjacent properties In addition. the property currently has several oil and gas production wells on it. Section 22-5-100. A. OG. Goal 1 states "Promote the reasonable and orderly exploration and development of oil and gas mineral resources." and Section 22-5-100. B OG Goal 2. states "Ensure that the extraction of oil and gas resources conserves the land and minimizes the impact on surrounding land and the existing surrounding land use." The proposed Roan 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 2A would also generate very little traffic because the oil would be piped to the tanks. Phase 2B would generate some irregular traffic with vehicles coming and going to drop off or pick-up parts from the laydown yard. 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. 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. Section 23-3-40 A.7 for Transloading. Section 23-3-40.S for outdoor equipment and materials storage yard in the A (Agricultural) Zone District EXHIBIT i RESOLUTION USR16-0042 ALVIN DECHANT JR. AND DAVID DECHANT, CIO NBL MIDSTREAM HOLDINGS, LLC PAGE 2 C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The Roan 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 north and east of the subject property. There are few residences in the area, the closest one being a farmhouse located approximately 900 feet to the west off of County Road 30. Noble Energy 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 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. 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 Area. 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. 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 an approximate 80 acre tract of land identified as "other 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. The applicant shall submit a Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado. (Department of Planning Services -Engineer) RESOLUTION USR16-0042 ALVIN DECHANT JR. AND DAVID DECHANT, C/O NBL MIDSTREAM HOLDINGS. LLC PAGE 3 B. The applicant shall attempt to address the concerns of the Division of Water Resources as stated in their referral dated November 30, 2016. (Department of Planning Services) C The map shall be amended to delineate the following: 1 All sheets of the map shall be labeled USR16-0042 (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 Road Classification Plan 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 the approved access(es) on the map and label with the approved access permit number AP16-00591. (Department of Public Works) 7 Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (Department of Public Works) 8 The applicant shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Planning Services -Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copies or 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 mapsco.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than 1 acre is to be disturbed. a Weld County grading permit will be required (Department of Planning Services - Engineer) RESOLUTION USR16-0042 ALVIN DECHANT JR AND DAVID DECHANT, 0/O NBL MIDSTREAM HOLDINGS LLC PAGE 4 B. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) 6. 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 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) Motion seconded by Joyce Smock. VOTE For Passage Against Passage Bruce Johnson Bruce Sparrow Joyce Smock Terry Cross Tom Cope Gene Stifle Absent Cherilyn Barringer Jordan Jemiola Michael Wailes 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 February 7, 2017_ Dated the 7«' of February, 2017 421\146611t-- 41,ziate Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS NBL Midstream Holdings. LLC Roan Storage Facility USR16-0042 A Site Specific Development Plan and Special Review Permit. USR16-0042, 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, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions and a construction laydown yard 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 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 two (2) persons per shift. 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.. as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination (Department of Public Health and 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.. as amended. (Department of Public Health and Environment) 8. Waste materials shall be handled. stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions 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) 10. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 11. 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) 12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility. at all times. If 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 and Environment) RESOLUTION USR16-0042 ALVIN DECHANT JR AND DAVID DECHANT, O/O NBL MIDSTREAM HOLDINGS. LLC PAGE 6 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 (Department of Public Health and Environment) 14. 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) 15. 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 and Environment) 16. 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) 17. 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) 18. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 19. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15"' 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) 20. 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) 21. The property owner shall control noxious weeds on the site. (Department of Public Works) 22. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 23. There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized. (Department of Public Works) 24. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 25 Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 26. 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 2014 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) RESOLUTION USR16-0042 ALVIN DECHANT JR. AND DAVID DECHANT, 0/O NBL MIDSTREAM HOLDINGS. LLC PAGE 7 27. 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) 28 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) 29. 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) 30. 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) 31. 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 32. WELD COUNTY'S RIGHT TO FARM: 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. RESOLUTION USR16-0042 ALVIN DECHANT JR. AND DAVID DECHANT, 0/O NBL MIDSTREAM HOLDINGS. LLC PAGE 8 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. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. February 7, 2017 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, Bruce Sparrow, at 12:30 pm. Roll Call. Present. Bruce Johnson, Bruce Sparrow, Gene Stille. Joyce Smock, Terry Cross, Tom Cope Absent, Cherilyn Barringer. Michael Wailes, Jordan Jemiola, Also Present Diana Aungst. Chris Gathman. and Michelle Martin. Department of Planning Services, Hayley Balzano. Department of Planning Services — Engineering Division: Ben Frissell. Department of Health. Janet Lundquist and Evan Pinkham. Public Works: Bob Choate. County Attorney, and Kris Ranslem, Secretary. Motion: Approve the January 17, 2017 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Bruce Johnson. Motion passed unanimously. CASE NUMBER USR16-0042 APPLICANT ALVIN DECHANT JR AND DAVID DECHANT, C/O NBL MIDSTREAM HOLDINGS. 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, PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS AND A CONSTRUCTION LAYDOWN YARD IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION W2 SECTION 25. T3N R65W OF THE 6TH P M WELD COUNTY COLORADO. LOCATION SOUTH OF AND ADJACENT TO CR 30. APPROXIMATELY 2600 FEET WEST OF CR 49. Diana Aungst, Planning Services, presented Case USR16-0042, reading the recommendation and comments into the record. Ms. Aungst noted that there was one letter of objection submitted from Anadarko. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Janet Lundquist. Public Works. reported on the existing traffic and access to the site. Hayley Balzano, Engineering, reported on 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. In response to Commissioner Sparrow's inquiry. Ms Aungst said that the small tank size holds up to 100.000 bbls, the largest tank size holds up to 250.000 bbls Pam Hora, Tetra Tech. 1900 South Sunset Street. Longmont, Colorado. stated that Noble Energy is proposing an oil and gas storage facility with transloading as well as a construction laydown yard Ms Hora stated that they reached out to landowners within one mile of the site and asked if they had any concerns. She added that they didn't receive any comments from the surrounding landowners. Ms Hora said that it will be an unmanned facility: however one to two employees will access the site a few times every 24 hours to monitor the facility_ The facility is proposed to be phased Phase 1 will include 1 three tanks for oil storage and blending. Phase 2A and 2B are for potential future expansion and will include additional storage and blending equipment and a potential laydown yard. Ms. Hora stated that they received the letter from Anadarko and have been working with them. She provided a brief outline of the concerns listed in the letter regarding a gathering line located underneath a proposed future tank, access to coal rights under the property and a Surface Use Agreement. Ms Hora stated that they will continue to work with Anadarko and believes that they will come to a mutually acceptable agreement. Commissioner Cope asked if there are studies done to determine if there is mineable coal underneath the site Ms. Hora said she is not aware of any studies but believes that Anadarko is just wanting to protect their resources 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 USR16-0042 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 Tom Cope, Seconded by Joyce Smock. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bruce Johnson, Bruce Sparrow. Gene Stille. Joyce Smock, Terry Cross. Tom Cope. Meeting adjourned at 3:05 pm. Respectfully submitted, ljanoldint Kristine Ranslem Secretary 2 Hello