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HomeMy WebLinkAbout20160278.tiff HEARING CERTIFICATION DOCKET NO. 2016-07 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0059, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND GAS STORAGE FACILITY (CRUDE OIL TANK STORAGE AND TRUCK UNLOADING FACILITY ASSOCIATED WITH THE CRUDE OIL TANKS) IN THE A (AGRICULTURAL) ZONE DISTRICT-TALLGRASS TERMINALS, LLC 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-Tem 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, Chris Gathman 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 Tallgrass Terminals, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0059, for a Mineral Resource Development Facility, including an Oil and Gas Storage Facility (crude oil tank storage and truck unloading facility associated with the crude oil tanks) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal to be built in two phases. He stated phase one will include four(4)truck unloading bays, a 24,000-gallon storage tank, an office building and truck driver building, a septic leech field and up to 40 semi-trucks per day accessing the site. He described phase two to include eleven (11) truck unloading bays, two 100,000-gallon storage tanks, with up to 80 semi-trucks accessing the site per day. He reviewed the location, access, nearest residences, surrounding land uses, and relation to existing pipelines. Mr. Gathman reported an email was received from a surrounding property owner who listed concerns regarding fluids and contaminated water leaking into the ditches, poor road conditions, increased traffic, and public safety in reference to already poor road conditions. He stated staff sent out 12 referrals and received eight (8) responses with either no comments or conditions that have been considered through the process. He displayed images of the site and surrounding properties and entered the favorable recommendation of the Planning Commission into the record as written. 2016-0278 Cr✓' 08-+ i °I-b! PL2394 HEARING CERTIFICATION -TALLGRASS TERMINALS, LLC (USR15-0059) PAGE 2 la Wayne Howard, Planning Services Engineer representative, provided a brief overview of the transportation plans and requirements and stated the access is on County Road (CR) 115 utilizing the approved Access Permit,AP#15-00487, and with the Condition that several accesses be closed and combined into two (2) access points as shown. He reviewed the required setback for safety and the comments from the Colorado Department of Transportation (CDOT) regarding the Access Permit for access from State Highway 14. Mr. Howard reported the average daily traffic counts for CR 86 and stated there were no counts available for CR 115. He stated the traffic narrative indicated approximately 40 trucks per day and three (3) employee vehicles accessing the site during phase one, and double that volume at full buildout in phase two. Mr. Howard reviewed the hours of operation, traffic routes, and the requirements related to tracking control, an Improvements Agreement, final drainage report submittal, and Certificate of Compliance. He stated the approved Grading Permit, GRD15-0058, has been approved for early release. In response to Commissioner Kirkmeyer, Mr. Howard identified the two access points. IE Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions stating the applicant has been approved to provide portable toilets for the drivers during all phases of construction. She clarified the well and septic system will be added when the office is built. Ms. Light reviewed the Development Standards (DS) addressing: proper disposal of waste; the requirement for a Spill Control and Countermeasure Plan to be on-site at all times; the storage tanks to be permitted through the State; the Air Pollution Emissions Notice Permit; the storage of any chemicals on-site; and stated DS #7-23 address items typical to Environmental Health. E Cody Wagoner, applicant, stated they currently have a crude pipeline that runs through this property to Cushing, Oklahoma, carrying approximately 80,000 barrels a day out of Weld County. He proposed that this facility would allow for an additional delivery point for both tanker deliveries and future pipelines that could inject the existing pipeline. Mr. Wagoner clarified the property is owned by Tallgrass and there is a small metering facility on the site which is part of the pipeline. He described the phases of development and gave approximate dates of completion. In response to Commissioner Cozad, Mr. Wagoner stated the oil will arrive by way of State Highway 14 from smaller operators in the area. la No public testimony was offered concerning this matter. In response to Chair Freeman, Mr. Wagoner indicated he has no concerns or recommended changes regarding the Conditions of Approval and Development Standards. IE Commissioner Kirkmeyer corrected DS #4 to read "parking area", and DS #26 to replace the word "site" with "access". The Board agreed with these corrections. In response to Commissioner Kirkmeyer, Mr.Wagoner explained the two (2) accesses are for circulation of traffic and proper ingress and egress and he pointed out, on the map, the traffic flow as proposed. In response to Commissioner Conway, Mr. Wagoner verified each access is a one-way. Commissioner Cozad stated her agreement with the two accesses for safety reasons. IEI Chair Freeman reviewed the changes for the applicant. 2016-0278 PL2394 HEARING CERTIFICATION -TALLGRASS TERMINALS, LLC (USR15-0059) PAGE 3 In response to Chair Freeman, Mr. Wagoner, on behalf of Tallgrass Terminals, LLC, indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. In response to Commissioner Conway, Mr. Wagoner replied they have had conversations with the neighbors and addressed their concerns. Commissioner Moreno moved to approve the request of Tallgrass Terminals, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0059, for a Mineral Resource Development Facility, including an Oil and Gas Storage Facility (crude oil tank storage and truck unloading facility associated with the crude oil tanks) 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 Kirkmeyer, and it carried unanimously. There being no further discussion, the hearing was completed at 10:31 a.m. This Certification was approved on the 25th day of January, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST � �6k Mike Freeman, Chair Weld County Clerk to the Board p n n ��•wr v Sea Co ay, Pr -BY:D ty Clerk to the o oard f y ; '® z( / •►"�' ,"0", A. 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