HomeMy WebLinkAbout20162665.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0021, 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 -
TALLGRASS TERMINALS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 7th day of
September, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Tallgrass Terminals, LLC. 370 Van Gordon Street, Lakewood, CO
80228, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0021,
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, on the following
described real estate, being more particularly described as follows:
W1/2 SW1/4 of Section 33, Township 6 North,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.1 (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
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and a noise limit is attached) will address compatibility with the
surrounding area.
2) Section 22-2-80.C (I.Goal 3) states: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 off -site impacts to county roads generated by this use.
Section 23-2-230.B.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 Mineral Resources Facilities, including 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.
Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. This site is located in a rural area.
The nearest single family residence is located approximately 0.75 miles
northeast of the site. The remaining surrounding areas are dryland
agriculture with oil and gas production facilities located throughout the area.
No phone calls or correspondence has been received from surrounding
property owners in regards to this request.
Section 23-2-230.B.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 the three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee and
Drainage Impact Fee Programs.
Section 23-2-230.B.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 80 acres delineated
as "Other" on the majority of the site and "High Potential Dry
Cropland/Prime if Irrigated" on a small portion of the site, per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
Section 23-2-230.B.7 — 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
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that there are adequate provisions for the protection of the health. safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Tallgrass Terminals, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0021, 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. on the parcel of land described above be.
and hereby is. granted subject to the following conditions:
1. Prior to recording the plat:
A. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance, including dust control,
damage repair, specified haul routes and future traffic triggers for
improvements will be included.
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0021.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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.
5) The map shall delineate the lighting.
6) County Road 89 is a gravel 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
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.
7) Show and label the approved access(es) (AP16-00302), and the
appropriate turning radii.
8) Show and label the approved tracking control.
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9) Show and label the entrance gate setback a minimum of 100 feet
from the edge of shoulder.
10) 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.
11) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
12) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
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.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat 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.
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
Fl PS 0501 (US Feet) etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed. a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
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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.
7. Prior to the issuance of the Certificate of Occupancy:
A. An On -site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment System Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according
to the Weld County On -site Wastewater Treatment System Regulations.
8. 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 plat
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.
The above and foregoing Resolution was. on motion duly made and seconded. adopted
by the following vote on the 7th day of September. A D.. 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST Sc bo��
Weld County Clerk to the Board
BY:
Dy Clerk to the Board
APPRQVED
rmiLk
Mike Freeman, Chair
Date of signature: 9 / 9'-7 K7
•
bara Kirkmeyer
C
ounfy Attorney
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TALLGRASS TERMINALS, LLC
USR16-0021
1 The Site Specific Development Plan and Use by Special Review Permit, USR16-0021, is
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.
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 24 -hours a day. 365 days a year.
4. The parking area on the site shall be maintained.
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.
6. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th 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.
7. 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.
8. 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.
9. 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 I. of the
Weld County Code.
10. 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.
11. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
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.
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13. Adequate drinking, handwashing 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 two
(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.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to On -site Wastewater Treatment Systems. A permanent
adequate water supply shall be provided for drinking and sanitary purposes.
15. 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.
16. A Spill Prevention. Control and Countermeasure Plan. prepared in accordance with the
applicable provisions of 40 CFR, Part 112. shall be available on -site.
17. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District. as delineated in Section 25-12-103 C.R.S.
18. 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 Commission (COGCC) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
19. 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.
20. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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.
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23. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II. of the Weld County Code.
24. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
26. The historical flow patterns and runoff amounts on the site will be maintained.
27. Weld County is not responsible for the maintenance of on -site drainage related features.
28. 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.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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
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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.
34. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code. shall be placed on the map and recognized at all times.
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