HomeMy WebLinkAbout20160316.tiff HEARING CERTIFICATION
DOCKET NO. 2016-08.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0062, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
STORAGE FACILITY WITH TRANSLOADING; AND ANY USE PERMITTED AS A USE
BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL
OR INDUSTRIAL ZONE DISTRICTS (A CONSTRUCTION LAYDOWN YARD),
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS; AND A 35-FOOT IN HEIGHT
COMMUNICATION TOWER IN THE A(AGRICULTURAL)ZONE DISTRICT-70 RANCH,
LLC, C/O BLUE GR
AMA LAND CORPORATION
A public hearing was conducted on January 20, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tern
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated December 28, 2015, and duly published
December 31, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of 70 Ranch, LLC, do Blue Grama Land Corporation, for a Site Specific Development
Plan and Use by Special Review Permit, USR15-0062, for Mineral Resource Development
Facilities, Oil and Gas Storage Facility with transloading; and any Use permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (a
construction laydown yard), provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions; and a 35-foot in height Communication Tower in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
IE Kim Ogle, Department of Planning Services, presented a brief summary of the proposal to
include the location, historic use, current use, surrounding property uses, and nearest residences.
He stated staff has received correspondence from two (2) surrounding property owners citing
concerns related to traffic, dust, property damage and narrowness of the road. Mr. Ogle stated
the site is not located in the three (3) mile referral area of any municipality or any
Intergovernmental Agreement area. He reviewed the intent to use a 12.8-acre parcel as a hub for
collecting crude oil via gathering lines and then transporting the crude to another location
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approved under USR15 0037, thereby transferring via pipeline to Cushing, Oklahoma. Mr. Ogle
stated the site is designed to operate 24 hours a day, 365 days a year, and to be monitored
remotely with occasional visits for maintenance and inspection. He reviewed the plans for security
and automated access. He stated staff sent out 15 referrals and received three (3) responses
offering comments for consideration. Mr. Ogle attempted to display images of the site and
surrounding properties and entered the favorable recommendation of the Planning Commission
into the record, as written. Due to technical difficulties, Chair Freeman suggested staff continue
with the presentation and return to the images at a later time.
lEri Wayne Howard, Planning Services Engineer representative, provided a brief overview of
the transportation plans and requirements and provided the access information to include the
Approved Access Permit, AP#15-00472. He reviewed the average daily traffic counts to include
the truck percentages and stated the traffic narrative indicated approximately 111 semi-trucks and
one (1) passenger vehicle accessing the site daily. He further explained that once the project is
operational, it will reduce 90% of these trips currently using County roads by containing it on the
70 Ranch. Mr. Howard stated tracking control is already in place from previous projects and with
the reduction in traffic, there is no Improvements Agreement requirement. He reviewed the
drainage variance. In response to Commissioner Kirkmeyer, Mr. Howard verified there is already
an approved access.
e Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating portable toilets are acceptable for the drivers and there are several relevant
Development Standards (DS) #6-#20, which address Environmental Health items.
E Chair Freeman directed Mr. Ogle to continue with the images of the site and surrounding
views.
E Anne Best Johnson, Tetra Tech, introduced the team of representation for the applicant and
began with a PowerPoint presentation and pointing out the nearest neighbors. She reviewed the
procedure regarding the notification to the neighbors and stated to date, four (4) neighbors have
called, with two (2) providing written questions and one neighbor who was present at the Planning
Commission hearing, who is also present today. She explained there are over 200 wells on the
70 Ranch property and several on the State Land Board property and explained the benefit to
gathering the crude via pipeline on-site and transporting by pipeline to be processed at another
facility.
e Gene Copolla, Traffic Engineer, stated this project is unique in that it reduces traffic on
County roads. He explained the current truck traffic and the reduction based on the construction
of the pipeline. Mr. Coppola estimated a reduction of 100 truck trips per day once the project is
operational.
le Ms. Johnson continued to describe the project to include hours of operation, controlled
access, fencing for security, and remote monitoring. She further clarified the Lucerne "sister"
facility is located 16 miles from the site from whence staff can monitor and visit this site once a
day. Ms. Johnsons explained the site layout with access off of private roads, one way in and one
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way out, room to stage, and pointed out the detention and drainage features. She described the
four (4) covered unloading bays, the estimate to process 20,000-barrels each day and at full
operation, that would increase to approximately 60,000-barrels each day. Ms. Johnson continued
to describe the site plan layout in detail to include the proposed 35-feet in height communication
tower, modular units, and equipment. She reiterated the process of operations. In response to
Commissioner Moreno, Ms. Johnson verified one visit to the site daily by staff to monitor the site.
E John Clifford, surrounding property owner, stated his family owns and operates the last farm
on County Road 388 before the west entrance to the 70 Ranch. He clarified his strong support of
oil and gas on the 70 Ranch and his strong support for piping oil in and out rather than trucking.
Mr. Clifford stated his sole issue is the point of access to the 70 Ranch for this project and this
USR process finally gives an opportunity to express issues regarding what is now commonly
called "Interstate 388." He reviewed the history of the area and stated what used to be a quiet
dead-end road is now the worst mile of County roads. Mr. Clifford stated nearly all the oilfield
traffic travels on this 27-foot wide gravel road. He cited his concerns with traffic, dust, destruction
of his fencing and farmland, livestock deaths due to dust pneumonia, traffic impeding farming
operations. He suggested an alternative access that has a shorter distance and uses paved
roads. Mr. Clifford asked for approval, but with the condition to restore and utilize the more proper
access to the 70 Ranch.
e In response to Commissioner Conway, Mr. Clifford stated he was unaware of the USR
proposal until three (3) days before the Planning Commission hearing, he was not contacted by
the applicant. He stated he did speak to both Mr. Ogle and Ms. Johnsons and did attend the
Planning Commission hearing.
In response to Chair Freeman, Ms. Johnson stated she was first made aware of Mr. Clifford's
concerns at the Planning Commission hearing last week and since that time has discussed the
suggested access with staff and the applicant. She clarified the bridge is on State Land Board
property and after further discussion with the applicant, the 70 Ranch stated they would be happy
to consider this access but are not interested in contributing financially to the project. Ms. Johnson
clarified that per the lease, the current access is from CR 388. In response to Commissioner
Conway, Spence McCallie, representative for Blue Grama Land Corporation, stated the cost to
repair the bridge is estimated to be between $500,000.00 and $1,000,000.00.
e Janet Lundquist, Public Works, clarified the County right-of-way ends before the bridge in
question. She reviewed the process to bring the bridge up to standard and then petition for the
County to accept it and maintain it.
E In response to Commissioner Cozad, Ms. Johnson indicated the residential properties in the
area of the suggested access. Ms. Lundquist pointed out the suggested route for the access in
question. In response to Commissioner Kirkmeyer, Ms. Lundquist provided the average daily
traffic count for CR 69.
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E In response to Commissioner Cozad, Mr. Coppola clarified the total number of trucks in
relation to the reduction of the truck trips as mentioned before. In response to Commissioner
Conway, Mr. Coppola stated the use of the suggested access would depend on availability.
• Commissioners Kirkmeyer and Cozad stated there are ways to control the traffic through
triggers, weight limits and/or requiring haul routes.
e In response to Commissioner Cozad, Mr. Howard stated the Improvements and Road
Maintenance Agreement was removed due to the fact that the number of truck trips was
diminishing.
lEi In response to Commissioner Kirkmeyer, Mr. Coppola stated he did not do a traffic study to
see how much truck traffic was coming from 70 Ranch. Ms. Lundquist provided traffic counts. Ms.
Johnson clarified that because of the stipulations of the lease, they did not investigate truck traffic
for an alternative access. Commissioner Kirkmeyer stated she is inclined to re-route truck traffic
for this USR to CR 69, and also to put restrictions on 70 Ranch regarding CR 388 through further
agreements.
E In response to Chair Freeman, Ms. Lundquist verified it is a private road. Commissioners
Conway and Kirkmeyer stated the road ends on 70 Ranch.
E In response to Commissioner Moreno, Ms. Lundquist provided the difference in distances
using CR 388 to 70 Ranch and using CR 69 to 70 Ranch.
E Commissioner Conway stated this is a common sense issue.
e Chair Freeman clarified the USR today is not the total impact. Commissioner Kirkmeyer
interjected there are still 200 trucks and this is an opportunity to look at the big picture regarding
restrictions related to certain County roads.
e Mr. Choate clarified regarding the County's ability to enforce trucks coming onto the 70
Ranch from a maintained right-of-way and going to a Use by Right well site. He recommended
working with 70 Ranch separately because the trucks can still access the well by whatever route
they prefer.
e Commissioner Cozad stated her agreement to work with 70 Ranch separately with regard
to access points. She further pointed out the access per the lease agreement and this situation
puts the applicant in a hard place,
e In response to Commissioner Kirkmeyer, Ms. Johnson clarified the vehicle count related to
this USR. Commissioner Kirkmeyer stated the possibility of changing haul routes and accesses
for this USR. Mr. Howard clarified the Development Standards related to tracking control that is
already in place.
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• In response to Commissioner Cozad, Mr. Howard stated the ditch is the Riverside Intake
Canal and the ditch and the bridge is on State Land Board property. Ms. Johnson stated there
have been no conversations with them due to the time restraints.
El In response to Chair Freeman, Ms. Johnson indicated they have reviewed the Conditions
of Approval and Development Standards and have no concerns.
• Commissioner Conway expressed his appreciation for the applicant and stated his
understanding regarding the time constraints between the Planning Commission hearing and the
hearing today. He further suggested a continuance to allow the conversations to take place
regarding the potential better access. Commissioner Conway stated he cannot approve this USR
today.
la Commissioner Cozad concurred with the suggestion of a continuance.
El Commissioner Moreno agreed with the continuance.
• Commissioner Kirkmeyer stated her agreement with a continuance due to conversations that
need to happen with 70 Ranch.
• Commissioner Cozad suggested February 24th for the continuance date. Commissioner
Moreno interjected that is the date of the NACO Conference. Commissioner Kirkmeyer suggested
Monday, February 29, 2016. The Board agreed to this date.
Chair Freeman stated his agreement with the continuance; however, he made a point to
emphasize this USR actually reduces traffic in light of the obvious conversations that need to take
place with 70 Ranch.
• Commissioner Cozad moved to continue the request of 70 Ranch, LLC, c/o Blue Grama
Land Corporation, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0062, for Mineral Resource Development Facilities, Oil and Gas Storage Facility with
transloading; and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (a construction laydown yard), provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions; and a 35-foot in height Communication
Tower in the A (Agricultural) Zone District, to Monday, February 29, 2016. The motion was
seconded by Commissioner Moreno. Commissioner Conway stated he understands the time
constraints but this decision allows more time for the necessary conversations to take place. The
Board agreed and the motion carried unanimously. There being no further discussion,the hearing
was completed at 11:39 a.m.
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This Certification was approved on the 25th day of January, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:CC��, // r�Y l/-n 't -
C/� Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tem
BY:
D • ty Clerk to the Board
Julie A. Cozad
APP VED O FOR
1861 I :�ti•, �.arbara Kirkmeyer
un ttorney
Steve Moreno
Date of signature:
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