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TThi C‘ ' LAND USE APPLICATION
SUMMARY SHEET
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Planner: C. Gathman Hearing Date: December 15, 2015
Case Number: USR15-0059
Applicant: Tallgrass Terminals, LLC C/O Cody Wagoner
Address: 370 Van Gordon Street, Lakewood, CO 80228
Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility including an Oil and Gas Storage Facility (crude oil
tank farm and truck unloading facility) in the A (Agricultural) Zone District.
Legal Lot B of Recorded Exemption RECX14-0059; located in Part of the SW4 of Section 34,
Description: T8N, R59W of the 6th P.M., Weld County, CO
Location: South of and adjacent to Highway 14 and east of and adjacent to CR 115.
Size of Parcel: +/-66.67 acres Parcel No. 053934300008
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Colorado Division of Water Resources, referral dated October 16, 2015
Y Weld County Department of Planning Services-Engineer, referral dated October 22, 2015
Weld County Department of Public Health and Environment, referral dated October 27, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Colorado Department of Transportation, November 3, 2015
• New Raymer-Stoneham Fire Protection District, referral dated October 14, 2015
➢ Weld County Sheriff's Office, referral dated October 6, 2015
➢ Weld County Zoning Compliance, referral dated September 30, 2015
v Weld County Public Works—Access, referral received October 15, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
• Office of Emergency Management
• Weld County Department of Building Inspection
Colorado Parks and Wildlife
• School District RE-11J
USR15-0059—Tallgrass Terminals, LLC Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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Planner: C. Gathman Hearing Date: December
15, 2015
Case Number: USR15-0059
Applicant: Tallgrass Terminals, LLC C/O Cody Wagoner
Address: 370 Van Gordon Street, Lakewood, CO 80228
Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility including an Oil and Gas Storage Facility (crude oil
tank farm and truck unloading facility) in the A (Agricultural) Zone District.
Legal Lot B of Recorded Exemption RECX14-0059; located in Part of the SW4 of Section 34,
Description: T8N, R59W of the 6th P.M., Weld County, CO
Location: South of and adjacent to Highway 14 and east of and adjacent to CR 115.
Size of Parcel: +/- 66.67 acres Parcel No. 053934300008
Case Summary: The applicant is proposing a crude oil tank farm and truck unloading facility. The site is
proposed to be developed in two (2) phases under this application. Under Phase I —four truck unloading
bays are proposed and one (1)24,000 bbl storage tank, a small office building, truck driver building and
septic leach field. The facility is proposed to operate 7 days a week from 6AM-6PM with three (3)full-time
employees. Per the application, up to forty semis (40) per day will access the site under phase I.
Under phase II —eleven (11)truck unloading bays are proposed along with two (2) 100,000 bbl storage
tanks. The facility under phase II is proposed to operate 24 hours a day, 7 days a week and 365 days per
year with 6 full-time employees. Per the application, up to eighty (80) semis per day will access the site
under Phase II.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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 I. A. Goal 9 states "Reduce potential conflicts between varying land uses
in the conversion of traditional agricultural lands to other land uses."
Conditions of approval and development standards (on site lighting is required to be
downcast and a noise limit is attached) will address compatibility with the surrounding
area,
USR15-0059—Tallgrass Terminals, LLC Page 2
Section 22-2-20 I. 5.A.Policy 9.5. states "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to
surrounding properties and referral agencies."
Conditions of approval and development standards (on site lighting is required to be
downcast and a noise limit is attached) to address compatibility with the surrounding
area.
Section 22-2-80 C. I.Goal 3. Consider how transportation infrastructure is affected by the
impacts of new or expanding industrial developments."
An Improvements and Road Maintenance Agreement is a condition of approval for this
case to address any potential offsite impacts to county roads generated by this use.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 24-3-40.A.1 of the Weld County Code allows for Oil
and Gas Storage (Crude Oil Tank Farm and truck unloading facility) as a Use by Special
Review Permit in the A(Agricultural)Zone District
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The proposed facility is located approximately 1,700 feet to the west of an existing single-
family residence. A crude oil tank farm and truck unloading facility was approved under
USR15-0013 on the adjacent property to the north. Dry land and rangeland is located to
the south of the site. A single-family residence and the unincorporated town site of
Buckingham is located approximately 2,000 feet to the north/northwest of the site.
No correspondence has been received from surrounding property owners in regards to
this request.
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.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee 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.
F. 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 on approximately 66.67 acres delineated as "High
Potential Dry Cropland — Prime if Irrigated" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.
USR15-0059—Tallgrass Terminals, LLC Page 3
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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Department of Transportation
as stated in their referral dated November 3, 2015. (Colorado Department of
Transportation)
B. An Improvements and Road Maintenance Agreement is required for offsite improvements
at this location. Road maintenance including dust control, damage repair, specified haul
routes and future traffic triggers for improvements will be included. (Department of Public
Works)
C. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of
Planning Services- Engineer)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0059 (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 on the map 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. The map shall delineate the site/facility lighting. (Department of Planning Services)
6. All signs shall be shown on the map. (Department of Planning Services)
7. County Road 115 and County Road 86 are gravel roads and is designated on the
Weld County Road Classification Plan as a local roads which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate on the site plan the existing
right-of-way. All setbacks shall be measured from the edge of right-of-way. These
roads are maintained by Weld County. (Department of Planning Services- Engineer)
8. Show and label the approved access(es) (AP15-00487), and the appropriate turning
radii on the site plan. (Department of Planning Services- Engineer)
USR15-0059—Tallgrass Terminals, LLC Page 4
9. Show and label all easements with the recorded document reception number and
date on the site plan. (Department of Planning Services- Engineer)
10. Show and label the approved tracking control on the site plan. (Department of
Planning Services-Engineer)
11. Show and label the accepted drainage features and drainage flow arrows on the site
plan. Water quality features or stormwater ponds should be labeled as "Water Quality
Feature/Stormwater Detention, No-Build or Storage Area (include the required
volume). (Department of Planning Services-Engineer)
12. Show and label the entrance gate set back a minimum of 100ft from edge of
shoulder. (Department of Planning Services-Engineer)
13. The applicant shall indicate specifically on the map the type of right-of-way/easement
and indicate whether it is dedicated, private, or deeded to provide adequate access
to the parcel. (Department of Planning Services- Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy 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 CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services- Engineer)
6. Prior to 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)
USR15-0059—Tallgrass Terminals, LLC Page 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tallgrass Terminals, LLC
USR15-0059
1. 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 farm and
truck unloading facility) 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, 365 days a year as stated by the applicant(s).
(Department of Planning Services)
4. The parking on the site shall be maintained. (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. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
7. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 151h 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)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
9. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
10. 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)
11. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
12. 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)
13. 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)
14. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
USR15-0059—Tallgrass Terminals, LLC Page 6
15. Adequate drinking, hand washing 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 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)
16. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to On-site Waste-water
Treatment System (O.W.T.S.). (Department of Public Health and Environment)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
Groundwater may not meet all drinking water standards as defined by the Colorado Department of
Public Health and Environment. The Weld County Department of Health and Environment strongly
encourages well users to test their drinking water prior to consumption and periodically thereafter.
(Department of Public Health and Environment)
18. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site, at all times. (Department of Public Health
and Environment)
19. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
20. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
21. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. A synthetic or engineered liner shall be
placed directly beneath each above-ground tank. 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. (Department of Public Health and
Environment)
22. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
23. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
24. 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)
25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. 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)
26. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services
— Engineer)
USR15-0059—Tallgrass Terminals, LLC Page 7
27. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Department of Planning Services-Engineer)
28. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services- Engineer)
29. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services- Engineer)
30. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
31. 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)
32. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
33. 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.
34. 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.
35. 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.
36. 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.
USR15-0059—Tallgrass Terminals, LLC Page 8
37. 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.
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.
USR15-0059—Tallgrass Terminals, LLC Page 9
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
C v i FAX: (970) 304-6498
r
November 16, 2015
WAGONER CODY
370 VAN GORDON ST
LAKEWOOD, CO 80228
Subject: USR15-0059 - A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas Storage Facility in the A(Agricultural)
Zone District.
On parcel(s)of land described as:
PART SW4 SECTION 34, T8N, R59W LOT B REC EXEMPT RECX14-0059 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 15, 2015, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 20,
2016 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcou ntyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
/,r';, Reason:I am the author of this document
l�� w v"-6" Date:2015.11.16 10:21:00-0700'
Chris Gathman
Planner
N DEPARTMENT OF PLANNING SERVICES
i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
� E-MAIL: cgathman@co.weld.co.us
iri_ �j, PHONE: (970)353-6100, Ext. 3537
, t FAX: (970)304-6498
September 30, 2015
WAGONER CODY
370 VAN GORDON ST
LAKEWOOD, CO 80228
Subject: USR15-0059 - A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas Storage Facility in the A (Agricultural)
Zone District.
On parcel(s)of land described as:
PART SW4 SECTION 34, T8N, R59W LOT B REC EXEMPT RECX14-0059 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
/,(';, Reason:I am the author of this document
l�'u"Q w.-�-� Date:2015.09.30 13:32:53-06'00'
Chris Gathman
Planner
AGREEMENT BETWEEN TALLGRASS TERMINALS LLC AND WELD COUNTY
FOR THE EARLY RELEASE OF BUILDING PERMIT OLG15-00493
4 r�
THIS AGREEMENT("Agreement") is made and entered into this .S ' day ofJ*ntw
2016, by the County of Weld. State of Colorado, acting through the Weld County Department of
Planning Services (collectively referred to as the "County"), and TALLGRASS TERMINALS
LLC ("Applicant") whose address is 4200 W. 115th Street, Suite 350 Leawood,KS 66211.
RECITALS
WHEREAS,the Applicant is the owner of real property described as Lot B of RECX 14-
0059 being part of SW4 of Section 34, Township 8 North, Range 59 West("Property"),and
WHEREAS,the Applicant has applied for A Site Specific Development Plan and Use by
Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas
Storage Facility(crude oil tank farm and truck unloading facility) in the A (Agricultural)Zone
District, and
WHEREAS, the Department of Planning Services accepted the land use application for
USR15-0059 on September 9, 2015, and
WHEREAS,a standard condition of Use by Special Review is that no building or electrical
permits may be issued on the property until the Use by Special Review map for USR15-0059 is
ready to be recorded in the office of the Weld County Clerk and Recorder, and
WHEREAS,the Applicant,has applied for a building permit for an Oil& Gas Processing
Facility-one 24,000 bbl crude oil storage tank on a 2,922 sf slab under building permit number
OLG15-00493, and
WHEREAS,the Applicant is requesting that building permit OLG15-00493 be issued prior
to approval of USR15-0059 by the Board of County Commissioners and prior to submittal of the
USR15-0059 map for recording.
NOW,THEREFORE,in consideration of the foregoing,the County consents to the release
of building permit OLG15-00493 and in exchange, the Applicant agrees to comply with the
following terms and conditions:
1. The above recitals are incorporated herein by reference as though set forth herein verbatim.
2. The Applicant shall obtain the necessary building permits and approvals from the Weld County
Department of Building Services prior to commencing work.
Page 1 of 3
3. Staging of parking trucks on the travel lanes of the public roads adjacent to the Property is
prohibited. Nuisance conditions, including, but not limited to, mud and puddles on roads, are
to be prevented and immediately addressed by the Applicant, at the Applicant's expense, to
the County's reasonable satisfaction.
4. The Applicant shall be responsible, at the Applicant's sole expense, for dust controlling,
excavating, repairing, or patching any damage resulting from ingress or egress from the
Property to adjacent roadways. The County shall be consulted prior to any work being
conducted on any County road. The type and method of repair will be determined by County
using commercially reasonable standards and must be performed and completed to the
County's reasonable satisfaction.
5. The Applicant shall be responsible, for grading in compliance with the approved grading permit
GRD15-00058.
6. County permission given to the Applicant through this Agreement to occupy the Property is
for the sole limited purpose of installing equipment for an Oil & Gas Processing Facility -
one 24,000 bbl crude oil storage tank on a 2,922 sf slab per building permit number OLG15-
00493.
7. Building permit OLG15-00493 shall not be finaled and the installed equipment and structures
shall not be operated or utilized until USR15-0059 has been approved by the Board of County
Commissioners and all USR15-0059 conditions of approval have been completed and the map
has been submitted for recording.
8. In the event USR15-0059 is not approved by the Board of County Commissioners
(BOCC)or the final map is not submitted for recording within one hundred and twenty
(120)days of the BOCC hearing for USR15-0059, this Agreement shall terminate and the
Applicant shall have thirty (30) days to remove all buildings, equipment, and
improvements of any kind that do not conform to the Weld County Code and to return
the Property to the condition it was in prior to the execution of this Agreement. Failure
to do so within the thirty (30) day period may result in prosecution for violations of the
Weld County Code.
9. Failure by the Applicant to adhere to the terms and conditions of this Agreement, as solely
determined by the County, may, at the County's sole discretion, result in the termination of
this Agreement. In the event this Agreement is so terminated, the Applicant shall have thirty
(30) days to remove all improvements, including but not limited to buildings or other
structures, and equipment that do not conform to the Weld County Code and to return the
Property to the condition it was in prior to the execution of this Agreement. Failure to do so
within the thirty (30) day period may result in prosecution for violations of the Weld County
Code.
10. Applicant acknowledges that all work done pursuant to OLG15-00493 is at Applicant's sole
risk and expense and the early release of OLGl5-00493 pursuant to this Agreement in no way
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indicates whether USR15-0059 will be approved by the Board of County Commissioners or
under what conditions it may be approved.
Signed this .S day of a..uo-rt 2016.
Weld Coo ePartm�t of Pllanni Services TALLGD ,,'$�T Jv�ALS/LLC
By: /C. .L f �- j/ : � By: (.`-,/ 6(./2.44
Tom Parko,Jr.,Director
Print Name: EASCA• \,itSTP*AL
Title: JP/an'!
Page 3 of 3
FIELD CHECK inspection dates: 12/3/2015
APPLICANT: Tallgrass Terminals, LLC CIO Cody Wagoner
CASE #: USR15-0059
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development Facility including an Oil and Gas Storage Facility(crude oil tank farm and truck
unloading facility) in the A (Agricultural)Zone District.
LEGAL: Lot B of Recorded Exemption RECX14-0059; located in Part of the SW4 of Section 34,
T8N, R59W of the 6th P.M., Weld County, CO
LOCATION: South of and adjacent to Highway 14 and east of and adjacent to CR 115.
PARCEL ID #s: 053934300008
ACRES: +/-66.67 acres
Zoning Land Use
N A N Rangeland/Site approved for O&G Storage and Trucking
Facility(not built)
E A E Highway 14/SF residence approximately% mile to the
east
S A S Dryland/Rangeland
W A W Dryland/Rangeland
COMMENTS:
Existing O&G facility on property to the east—pipeline monitoring facility associated with Tallgrass pipeline
approved under USR14-0049.
Chris Gathman - Planner III
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