HomeMy WebLinkAbout20160305.tiff HEARING CERTIFICATION
DOCKET NO. 2016-09
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0068, 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 AND A
35-FOOT IN HEIGHT COMMUNICATION TOWER) 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 IN THE A (AGRICULTURAL) ZONE DISTRICT -
PLATTE RIVER MIDSTREAM, INC.
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, 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 Platte River Midstream, Inc., for a Site Specific Development Plan and Use by Special
Review Permit, USR15-0068, 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 and
a 35-foot in height Communication Tower) 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 in the A (Agricultural) Zone District. Bob Choate, Assistant County
Attorney, made this a matter of record.
la Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
reviewed the location, historic use, surrounding land uses, nearest residences, and stated the site
is located in the Airport Overlay District. He stated the applicant held a neighborhood meeting
and of those attending there were no reported concerns; however, one (1) surrounding property
owner did contact the applicant's representative with concerns related to traffic and the applicant's
representative responded. He clarified the general public will not access the site. Mr. Ogle stated
the site is located within the three (3) mile referral area of the City of Greeley, which submitted
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comments for staff consideration related to the design criteria due to the site being located in the
City of Greeley Long Range Expected Growth Area. He reviewed the proposed construction of a
crude oil loading and unloading terminal that will connect to a pipeline network and transport the
material via gathering lines to this facility. Mr. Ogle stated initially the material will be transported
by trucks to Cheyenne, Wyoming, to a refinery. He reviewed the anticipated volume to be received
and storage capacity on the site. Mr. Ogle reviewed the proposed security, fencing, access,
lighting, hours of operation, and remote monitoring. He stated staff sent out 21 referrals and four
(4) responded with comments to be considered by staff in the application process. Mr. Ogle
displayed images of the site and surrounding areas and entered the favorable recommendation
of the Planning Commission into the record as written.
IE Wayne Howard, Planning Services Engineer representative, provided a brief overview of
the transportation plans and requirements stating several accesses have been granted under
Access Permit number, AP#15-00570. He reviewed relevant County roads, setback
requirements, average daily traffic counts, and stated the traffic narrative indicated approximately
50 truck round trips and 20 employee round trips each day. Mr. Howard reported the proposed
haul routes, and the requirements related to tracking control, the Improvements and Road
Maintenance Agreement, drainage and grading.
E Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated potable water will be provided by the North Weld County Water District and
the applicant is proposing to permit and install a commercial septic system or update the current
residential system to be compliant with Weld County Code. He stated the applicant is proposing
to provide portable toilets for drivers and he reviewed the requirements regarding a Spill
Prevention Control and Countermeasure Plan and the storage tanks to be permitted through the
State. Mr. Frissell stated Development Standards (DS) #6-#22 address Environmental Health
issues.
--�' Anne Best Johnson, Tetra Tech, represented the applicant and began by reviewing the
p pp 9
location of the nearest neighbor and the positive results of the neighborhood meeting. She
mentioned ha owns the easement on the south side did contact her and cited
the company that concerns with the applicant staying out of their easement area. Ms. Johnson also men
tioned
concerns of the New Cache La Poudre Irrigating Company regarding their interests being secure
and she stated she has responded to both entities and assured them the construction design,
grading and drainage has been engineered to avoid these concerns and preserve their interests.
She reviewed the lighting plan and gave a detailed explanation of the site plan map to include a
review of the accesses, haul routes, number of truck trips, passenger vehicle trips, and structures.
e No public testimony was offered concerning this matter.
• In response to Chair Freeman, Ms. Johnson indicated they have reviewed the Conditions
of Approval and Development Standards and have no concerns.
e In response to Commissioner Kirkmeyer, Ms. Johnson clarified the site size is 80 acres.
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E Chair Freeman noted for the record that Commissioner Conway was excused at 11:59 a.m.
and the hearing would continue with four (4) Commissioners.
e Ms. Johnson continued to explain the size of the facility in detail. In response to
Commissioner Kirkmeyer, Ms. Johnson verified there could be trucks unloading at night since it
is a 24 hour operation.
E In response to Commissioner Kirkmeyer, Warner Bradley, applicant, stated the plan is to
have one light on all night and the rest will be on a switch.
E In further response to Commissioner Kirkmeyer, Ms. Johnson stated there is a much larger
midstream operation adjacent to the site. Mr. Ogle interjected that the midstream operation
mentioned is the only one within a mile and that it has already been approved by USR15-0037.
Ms. Johnson clarified some truck traffic would come from U.S. Highway 85. Commissioner
Kirkmeyer asked for clarification regarding why the applicant thinks this is an appropriate site for
further industrialization of this area. Ms. Johnson stated the applicant has done due diligence
regarding the site criteria and this site fit the needs of the applicant as it is adjacent to their other
operation, is outside the flood plain, and has good access to U.S. Highway 85.
• In response to Commissioner Cozad, Ms. Johnson stated initially the product would be
trucked to other facilities; however, this facility is being designed for a pipeline.
e Commissioner Kirkmeyer further explained her concerns regarding compatibility and
industrialization in regard to the County and residents. Ms. Johnson explained the benefits to this
site and conveyed the applicant's efforts to meet with neighbors and be compatible. She further
stated there were no concerns or objections from surrounding property owners.
e Commissioner Kirkmeyer stated she is not in support of the second access because it goes
against the Weld County Code. In response to Commissioner Kirkmeyer, Ms. Johnson explained
their efforts to comply with the fire district and the County by rearranging the access points.
e Commissioner Cozad expressed her agreement with Commissioner Kirkmeyer regarding
the second access and clarified from the site plan map with the adjacent site there is another
access through the adjacent property. In response to Commissioner Cozad, Mr. Howard stated
the permit covers the three accesses to include the main access, the agricultural access, and the
emergency access.
ta Commissioner Kirkmeyer suggested changes to Condition of Approval (COA)#5.8 regarding
the accesses. Commissioner Cozad suggested it read, "The agricultural access and access into
the facility and tracking control shall be constructed prior to on-site construction." The Board
agreed. Commissioner Kirkmeyer also suggested a clarification to Development Standard
(DS) #24 regarding only one light on at night. Mr. Choate suggested the following language be
added to the end of DS #24, "The site shall have no more than one light that will remain on all
night, the remaining lights shall be by switch or motion detector." The Board concurred.
Commissioner Kirkmeyer recommended DS #29 read, "The agricultural access and site access
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shall be maintained..." The Board agreed. In response to Commissioner Kirkmeyer, Mr. Ogle
listed the requests related to the City of Greeley and Front Range Pipeline— Enterprise Products
in regards to COA #1.6 and #1.C. The Board agreed to delete both COA #1.6 and #1.C.
Commissioner Kirkmeyer expressed her appreciation for further requirements regarding lights
due to the excessive complaints she receives.
E Mr. Choate asked the Board if they required the site plan map be updated to reflect the
change to the access. The Commissioners clarified the audio and the amendments covered this
change.
E Chair Freeman asked the applicant's representative if the amendments made today were
clear. Ms. Johnson reviewed the changes to be certain; and, mentioned representatives from the
fire district were present if the Board had questions.
In response to Chair Freeman, Ms. Johnson indicated they have reviewed, and agree to
abide by, the Conditions of Approval and Development Standards, as amended.
E Commissioner Cozad moved to approve the request of Platte River Midstream, Inc., for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0068, 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 and a 35-foot in height Communication
Tower) 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 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 Moreno. Commissioner
Cozad expressed her appreciation to the applicant for having the neighborhood meeting and
encouraged the applicant to continue to be that good neighbor. Commissioner Kirkmeyer added
her appreciation to the public and applicant, and clarified her support for the application is based
on the applicant's effort to reach the neighborhood regarding compatibility. There being no further
discussion, the motion carried unanimously and the hearing was completed at 12:22 p.m.
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This Certification was approved on the 25th day of January, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:dithoti ��,,��,,//�C.Gto•11 Mike Freeman, Chair
Weld County Clerk to the Board
EXCUSED
a.)
Se Co way, Pro- m
BY:
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Depikly Clerk to the oard 4�
E L.a ulie A. Cozad
AP" .V' D AS RM:• 361tv,k2
;;; V4. bara Kirkmeye
o n ttorney
Date of signature:
/5, Steve Moreno
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