HomeMy WebLinkAbout20160280.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow. that the following resolution be introduced for passage by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER USR15-0062
APPLICANT 70 RANCH LLC. C/O BLUE GRAMA LAND CORPORATION
PLANNER . KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES OIL AND GAS STORAGE
FACILITY WITH TRANSLOADING AND ANY USE PERMITTED AS A USE BY
• EXHIBIT RIGHT. AN ACCESSORY USE. OR A 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 LOTS PARTS OF A MAP
2
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
0 i • SUBDIVISIONS. AND A 35 FOOT IN HEIGHT COMMUNICATIONS TOWER IN
THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION SUBX15-0028 BEING PART OF THE S2 OF SECTION 24, T5N, R63W OF THE
6TH P M , WELD COUNTY. COLORADO
LOCATION APPROXIMATELY 7000 FEET EAST OF CR 69 AND APPROXIMATELY 10.000
FEET NORTH OF THE INTERSECTION OF CR 69 AND CR 50
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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_ G 2 . A. Policy 7.2 states Conversion of agricultural land to nonurban
residential , commercial and industrial uses should be accommodated when the subject
site is in an area that can support such development. and should attempt to be
compatible with the region"
The land that Blue Grama is proposing to convert to an industrial use is designated as other
land and is located on a Subdivision Exemption parcel within the 70 Ranch northeast of the
Town of Kersey where there is a significant amount of oil and gas activity occurring and
where there is associated infrastructure in place.
Section 22-5- 100. A_ OG. Goal 1 . states "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources, " and Section 22-5-100_ B. OG.Goal 2 .
states " Ensure that the extraction of oil and gas resources conserves the land and
minimizes the impact on surrounding land and the existing surrounding land use. "
The proposed Blue Gram site is located in a sparsely populated area of the County where
there is already a significant amount of oil and gas development. Since the site will utilize
piping to bring oil to the facility it will generate very little additional oilfield traffic in the area
once the facility is fully operational. Construction of the site will generate some impacts
because of the extra activity and trips to the site, once it is constructed. the impact on the
surrounding land will be minimal.
Section 22-6-20 C Econ. Goal 3. 1 states "Structure land use policies and regulations so that
they encourage County-wide economic prosperity and economic growth" and ECON Policy
3. 1 . states -County activities and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these basic rights and protections
allow the free market to prosper and grow the local economy. " The property has historically
RESOLUTION USR15-0062
70 RANCH LLC, C/O BLUE GRAMA LAND CORPORATION
PAGE 2
been utilized for dryland grazing of livestock and parts of the 70 Ranch were utilized by
National Hog Farms, Inc . now vacated .
B Section 23-2-220 A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District
Citing the Weld County Code, Section 23-3-40 A. 1 provides for a Site Specific Development
Plan and Special Review Permit for Mineral Resource Development facilities, including , Oil
and Gas Storage Facilities: Section 23-3-40 A. 7 for Transloading. and Section 23-3-40 . S for
any use permitted as a Use by Right. an accessory use. or a Use by Special Review in the
Commercial or Industrial zone districts. provided that the property is not a Lot in an approved
or recorded subdivision l plat or lotsparts of a map orplan filedprior to adoptionof adopt o any
regulations controlling subdivisions. : a construction laydown yard 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 has been designed to minimally impact the surrounding properties.
The surrounding properties are in agricultural production with rural residential properties
more than 7,000 feet from the proposed facility. Surrounding properties include
unincorporated Weld County, oil and gas exploration , agricultural uses with some rural
residential . There are four property owners on 10 parcels within 500 feet of the proposed
facility. The Department of Planning Services has not received any correspondence
concerning this application .
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.
The site is not in a Special Flood Hazard Area, Geologic Hazard Area or Airport Overlay 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 13 acres identified as "Other Land" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The site is utilized
for grazing of livestock and has no irrigation water
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.
RESOLUTION USR15-0062
70 RANCH LLC, C/O BLUE GRAMA LAND CORPORATION
PAGE 3
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 Planning Commission recommendation for approval is conditional upon the following
1 . Prior to recording the map.
A.
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)
A. The applicant shall provide evidence of legal access. ( Department of Public Works)
B The map shall be amended to delineate the following
1 . All sheets of the map shall be labeled USR15-0062 . (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
County Road 54 section line is shown to have 60ft of unmaintained section line right-of-
way per the Weld county GIS right-of-way maps. The applicant shall delineate the
existing right-of-way on the site layout map. All setbacks shall be measured from the
edge of right-of-way. (Department of Planning Services - Engineer)
5 . Show the approved access on the Vicinity map and label with the approved access
pp
permit number AP15-00472. (Department of Planning Services - Engineer)
6. Label the recorded agreement that provides legal access to the parcel with reception
number and date of recording (Reception number 1-1-t 1-38 f ecerded October 20,
2015). Show the legal access on the site plan and label with document reception
number and data (Department of Planning Services - Engineer)
7 Show and label the n sectio line Right-of-Way as County Road 54 Section Line Right of
Way. not County maintained" (Department of Planning Services-Engineer)
8. Label the three structures east of the PCR Building. (Department of Planning
( p
Services)
9 Show and label the site lighting for the entire facility. (Department of Planning
Services)
10. Show the site circulation for the entire facility. (Department of Planning Services)
3. Upon completion of Condition of Approval #1 above, the applicant shall submit one ( 1 ) paper copy or one ( 1 )
electronic copy ( . pdf) of the plat for preliminary approval to the Weld County Department of Planning
Services . Upon approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval . The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The
RESOLUTION USR15-0062
70 RANCH LLC. 0/O BLUE GRAMA LAND CORPORATION
PAGE 4
Mylar plat 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 plat
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution, a S50 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 sent to
maps(a�co.weld.co. us. (Department of Planning Services)
5. Prior to Construction
A If more than 1 acre is to be disturbed. a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
6. Within one month of 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 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.
(Department of Planning Services)
Motion seconded by Gene Stifle_
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
RESOLUTION USR15-0062
70 RANCH LLC, CIO BLUE GRAMA LAND CORPORATION
PAGE 5
CERTIFICATION OF COPY
I , Kristine Ranslem , Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County.
Colorado. adopted on January 12 , 2016 .
Dated the 12tn of January, 2016_
Digitally signed by Kristine Ranslem
4-5\1:bfvz.Llal
Date: 2016.01 . 14 09:05:00 -07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Blue Grama Land Corporation
Riverside Facility
USR15-0062
1 . A Site Specific Development Plan and 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. an accessory use. or a Use by Special Review in the Commercial or Industrial zone districts,
provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions and a construction laydown yard in
the A (Agricultural) Zone District (Blue Grama Land Corporation. Riverside Facility) , 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, 7 days a week, 365 days a year. as stated by the applicant(s) .
(Department of Planning Services)
4 . All signs shall be shown on the map and 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)
5. The oil and gas storage facility is unmanned, although company employees will visit the site weekly for
maintenance and inspection. as stated by the applicant (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. 30-20-100 5,
C . R S. , as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination . (Department of Public Health and Environment)
7. 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. 30-20- 100. 5, C R. S. . as amended. (Department of Public Health and Environment)
8. 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)
9. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur (Department of Public Health and Environment)
10. 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)
11 . 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)
12 . Adequate drinking. hand washing 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 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)
RESOLUTION USR15-0062
70 RANCH LLC. O/O BLUE GRAMA LAND CORPORATION
PAGE 7
13. 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)
14. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR . Part 112 , shall be available on site (Department of Public Health and Environment)
15. 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)
16. 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)
17. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations (Department of Public Health and Environment)
18. 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)
19. 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)
20. 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)
21 . The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15"1 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)
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. (Department of Planning Services)
23. 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)
24. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking . (Planning and Engineering)
25 . There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
26. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
27. Weld County is not responsible for the maintenance of onsite drainage related features_ (Department of
Planning Services-Engineer)
RESOLUTION USR15-0062
70 RANCH LLC. C/O BLUE GRAMA LAND CORPORATION
PAGE 8
28. Access will be along or cross unmaintained County right-of-way and maintenance of the right-of-way will
not be the responsibility of Weld County. (Department of Planning Services-Engineer)
29. 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)
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
31 . 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.
32 . 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.
33. 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.
34. 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.
35. 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:
RESOLUTION USR15-0062
70 RANCH LLC. CIO BLUE GRAMA LAND CORPORATION
PAGE 9
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.
?C M4Nr.a-E-S
I - 1a - 1b
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 12, 2016
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building . Hearing Room, 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair,
Jordan Jemiola, at 12: 30 pm.
Roll Call.
Present: Benjamin Hansford , Bruce Johnson , Bruce Sparrow. Gene Stille. Jordan Jemiola, Joyce Smock,
Michael Wailes. Nick Berryman.
Absent: Terry Cross.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Department of Planning Services: Wayne
Howard. and Jennifer Petrik. Department of Planning Services — Engineering Division; Lauren Light and
Ben Frissell, Department of Health: Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion : Approve the January 5, 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes. Seconded by Gene Stille_ Motion passed unanimously.
CASE NUMBER. USR15-0062
APPLICANT 70 RANCH LLC. CIO BLUE GRAMA LAND CORPORATION
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES. OIL AND GAS
STORAGE FACILITY WITH TRANSLOADING: AND ANY USE PERMITTED AS
A USE BY RIGHT. AN ACCESSORY USE. OR A 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
LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS AND A 35 FOOT IN HEIGHT
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION. SUBX15-0028 BEING PART OF THE S2 OF SECTION 24, T5N . R63W OF THE
6TH P. M. . WELD COUNTY. COLORADO
LOCATION : APPROXIMATELY 7000 FEET EAST OF CR 69. AND APPROXIMATELY
10.000 FEET NORTH OF THE INTERSECTION OF CR 69 AND CR 50
Kim Ogle. Planning Services. presented Case USR15-0062, reading the recommendation and comments
into the record. Mr. Ogle noted that two letters were received today regarding this request. These letters
address traffic on County Road 388 and raise questions on why the bridge on County Road 69 has not
been constructed . The Department of Planning Services recommends approval of this application with
the attached conditions of approval and development standards.
Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik stated that an improvements agreement is no longer required after
further clarification was provided in discussions with Public Works and the applicant. Additionally, she
recommended adding a Condition of Approval which would provide evidence of a legal access and
amend Condition of Approval 1116 6 to read -Show the legal access on the site plan and label with
document reception number and date".
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements. on-site
dust control . and the Waste Handling Plan.
Commissioner Jemiola asked if it is necessary for the applicant to access on County Road 388 since the
letters have concerns with this access. Additionally. he asked if the County Road 69 is not an option due
to weight limit. Ms. Petrik said that she understands there is a weight limit restriction on the bridge;
therefore all the traffic proposed to this area is proposed to access from County Road 388. Mr. Jemiola
asked if the bridge could be upgraded to provide a higher weight limit. Mr. Ogle stated that the bridge is a
private bridge that was constructed for the hog farms when National Hog Farms were operating.
EXHIBIT
���- -- is IV
Anne Johnson, Tetra Tech. 1900 South Sunset Street. Longmont. Colorado, stated that this site is
proposed as a truck unloading and oil support services facility. Ms. Johnson said that there are about
231 wells in the vicinity which can be serviced by this facility The intent of this facility is to gather crude
oil produced in this area and rather than having repeated truck trips from the 70 Ranch they can deliver
crude oil on this proposed site and leave at the end of the day Once the oil is collected at the facility then
it will be piped to the Lucerne East Facility, approved under USR15-0037. and then it will be put in a
pipeline and sent to Cushing . Oklahoma .
Ms. Johnson added that the facility will be SCADA controlled from Cushing. Oklahoma and the access to
the facility will be controlled by an automated access system. The drivers are not associated with this
particular facility but instead they are associated with the producers.
Commissioner Wailes inquired if there are any plans to pipe the oil from the wellheads to this facility.
Spence McCallie. NGL Energy Partners Blue Grama. 3773 Cherry Creek North Drive. Suite 1000.
Denver. Colorado. said that they are intending to connect pipelines to this facility, however they will need
to wait until economic conditions improve.
Commissioner Jemiola referred to taking the trucks off the road and asked if the traffic is just being shifted
from one area to another. for example has County Road 388 had 100 truck trips per day or more. Mr.
McCallie replied that County Road 388 has had more than 100 truck trips per day
Ms. Petrik stated that traffic counts were 818 vehicle trips per day with 75% of those being trucks.
According to the traffic study provided , there are 111 trips associated with Use by Right activities. With
this USR in place. they will come in at the beginning of the day. collect the oil and unload it internal to the
boundaries of the 70 Ranch and then at the end of the day they will leave 70 Ranch . She added that by
doing this they would be reducing the trips in and out of 70 Ranch . Ms. Johnson added that the trucks
will be operating on private roads within the 70 Ranch .
Commissioner Jemiola asked if there are other alternatives to access other than County Road 388. Mr.
McCallie said that there is an access east of Riverside Reservoir but it is not economical for them. He
added that 70 Ranch is not in favor of upgrading the County Road 69 Bridge but he will talk to them about
improving this bridge.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
John Klippert, 30916 CR 388. stated that they have the last farm on County Road 388 before the 70
Ranch gate. He stated that they are in support of oil and gas_ However. he is concerned with the access
to 70 Ranch Mr. Klippert said that the access from County Road 69 is closer to this facility than County
Road 388.
Mr. Klippert said that he measured the width of the road surface of County Road 388 and it measures 27
feet across and added that there are no shoulders. He added that there have been accidents from the
width and condition of the road _
Mr. Klippert suggested alternative accesses from paved County Road 69 or from County Road 89. He
added that these have direct access to 70 Ranch . He said that he is not an enemy of Blue Grama but
asked why all this activity has to come on County Road 388.
Ms. Johnson said that the only vehicles that this facility will generate. on its own merit. will be passenger
vehicles for the employees to inspect the facility which will be once or twice per day She added that the
existing traffic patterns are from the existing producers in the 70 Ranch . She said that she understands
the frustration. however this facility cannot control the producers and their traffic.
Commissioner Smock asked why the alternative accesses were not investigated Ms. Johnson said
according to the lease with landowner they were asked to utilize the access from County Road 388_ She
added that they can look into the other access points for their employees and what is most efficient for the
operation .
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Commissioner Johnson asked about the requirement of improving this roadway for this traffic. Ms Petrik
said that normally the applicant would be responsible for making improvements. however in this situation
this traffic is coming from a use by right oil and gas activity and there is not a mechanism at this time to
have this activity participate in the cost of improvements.
Commissioner Johnson said that he understands that when you have one or two employees attending the
site daily there is no need for a sanitary facility but felt that when there are 100 truck drivers there needs
to be a mandatory sanitary facility Ms. Light said that the way the policy is written is that it is based
upon the amount of time that person would stay on the site. He feels that with this particular site these
drivers are a long way from any place else and the sanitary facilities need to be addressed differently due
to the proximity of facilities.
Commissioner Stille referred to Mr Klippert's comment about the road being 27 feet wide. Mr. Stille
asked what the right-of-way is for this road Ms Petrik said that the right-of-way width is 40 feet.
Commissioner Stille thought that even a private bridge needs to meet certain criteria and felt that if it was
to service a hog farm that it should meet weight limits Mr. Ogle said that the bridge is posted at 8000
gross vehicle weight. He added that he tried to research this bridge but he was unsuccessful in finding
information .
Ms. Johnson clarified that the vehicles currently accessing the 70 Ranch are through a use by right and
associated with a particular oil and gas producer: however the applicant is providing a facility internal to
the 70 Ranch which will reduce the number of truck trips in and out of 70 Ranch She added that this
proposed facility cannot dictate the haul route to those producers: however h they can evaluate where the
employees for Blue Grama access the 70 Ranch property Commissioner Jemiola said that they can
control the haul routes through a USR Permit.
Bob Choate, County Attorney. said that the County has the ability to set the haul route for a USR;
however he said that the County's enforcement of that access would be difficult as it relates to trucks
going to wellheads for a use by right activity Commissioner Jemiola said that the pre-existing uses on
this site and the 70 Ranch already have established haul routes but for this particular site there could be a
separate haul route. Mr Choate said that the haul route would relate to employee vehicles and any
producing crude oil carrier trucks coming from outside of the 70 Ranch . He added that the County could
put in a development standard that would require the USR owner/applicant to enter into appropriate
agreements with the producers for access purposes .
Commissioner Hansford said that the applicant can dictate where the clients are coming from. Mr.
McCallie said that he agrees and understands these comments and added that they could set a limit on
where these trucks have access but it comes down to enforcement. He added that 70 Ranch is very
large and when a truck would enter this proposed site he doesn't know where it would come from
because he influences only a small number of truck trips on County Road 388 and has no control on the
use by right activities.
Commissioner Hansford asked if 70 Ranch doesn't want any improvements rovements made to this bridge. Mr.
McCallie said that 70 Ranch has indicated that the improvements to the bridge need to be made by other
parties involved in the activities on 70 Ranch_ Mr. Hansford asked the applicant why they don't pursue
the improvements on this bridge. Mr. McCallie said that they can take a look at the feasibility of it.
The Chair called a recess at 2 :03 pm and reconvened the hearing at 2: 16 pm.
Commissioner Berryman asked the County Attorney to provide a summary of what they need to keep in
mind as to what their jurisdiction is and any guidelines for haul routes Mr. Choate said that with the USR
you have the ability to control haul routes and access points One of the things you can do is require that
the facility have an access point somewhere other than where it is currently proposed. To do this it would
require a development standard that would be enforceable through an agreement by the applicant and its
customers. He noted that any development standard put on this site should be reasonably related to the
impacts this proposed site will create
Commissioner Jemiola said that according to the letters submitted and today's testimony there is already
a problematic area on County Road 388. In his opinion this will reduce truck trips regionally but it will be
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adding trucks to County Road 388 Mr. Jemiola understands that the improvements to the bridge are
expensive and thinks that the County could do a lot to work with 70 Ranch to make those improvements.
He said that he feels the paved road is better to travel than a gravel road .
Commissioner Johnson said that an issue has been created by light of what has evolved . He added the
Planning Commission should request the Board of County Commissioners address this problem in that
particular area. Additionally. he suggested removing the second sentence in Development Standard 12 .
Ms_ Light said by removing this sentence the applicant will be required to install permanent facilities . Mr.
Johnson said that his intent was to leave portable toilets and bottled water in the development standard.
Motion : Amend Development Standard 12 to read "Adequate drinking. hand washing and toilet facilities
shall be provided for employees and patrons of the facility. at all times, 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 or 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. "
Moved by Bruce Johnson . Motion died due to lack of second motion_
Ms. Petrik recommended deleting Condition of Approval 1 .A, add a new Condition of Approval 1 .A which
reads The applicant shall provide evidence of legal access", and amend Condition of Approval 1 . B 6 to
read -Show the legal access on the site plan and label with document reception number and date".
Motion : Amend the staff report as recommended by staff, Moved by Benjamin Hansford, Seconded by
Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8) .
Yes : Benjamin Hansford , Bruce Johnson . Bruce Sparrow. Gene Stifle. Jordan Jemiola. Joyce Smock,
Michael Wailes, Nick Berryman
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement_
Motion : Forward Case USR15-0062 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval , Moved by Bruce Sparrow. Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford. Bruce Johnson, Bruce Sparrow. Gene Stifle, Jordan Jemiola. Joyce Smock.
Michael Wailes. Nick Berryman
Commissioner Wailes said that it is amazing that all the producers on 70 Ranch haven't come across an
opportunity to fix the bridge on County Road 69 so that it could become the access point. He doesn't
believe there has been a forum for the residents to come forward and speak about this concern.
However he doesn't necessarily believe that Blue Grama needs to be penalized for this but he would ask
the applicant to seriously consider what they could do to open up County Road 69 and set the trend for
the rest of the producers.
Commissioner Smock agreed with Mr Wailes comments and doesn't think the resident along County
Road 388 has been treated well. She said that the problem may not be caused by the applicant but
thinks that there are things the applicant could do to mitigate it
Commissioner Hansford echoed Mr Wailes comments and added that the applicant can take the lead
and set a precedent.
Commissioner Berryman applauded the applicant for taking truck trips off that access point. He
understands that it is a task to get the landowner to go along with bridge improvements: however he
believes it would be a good idea to initiate that process
Commissioner Sparrow said that County Road 69 is a great alternative and it would actually utilize the
road built for the purposes of energy
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Commissioner Johnson said that based on the four corners of the application there is nothing he sees
that can be changed but the part outside of the application needs to be addressed by the Board of County
Commissioners .
Commissioner Stifle stated that it is unfortunate that a resident has to come to a forum like this to address
his concern He added that his personal property rights have been abused and would like to see that the
County Commissioners recognize this problem and work with the producers out there to make
improvements to the bridge on County Road 69.
Commissioner Jemiola said that his concern is the amount of traffic going into this particular site and how
the dirt roads are not adequate for this volume of traffic. He added that the most feasible option would be
to utilize a pre-existing paved county road . He doesn't believe the impact from this particular applicant is
significant enough to warrant a development standard requesting but as a County we should evaluate a
change with the traffic that is utilizing 70 Ranch as a whole_ He added that he would like the County
Commissioners to review potential alternatives with the landowner and producers.
Meeting adjourned at 3:45 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
`l3vb Date: 2016.01 . 14 08: 11 :54 -07'00'
Kristine Ranslem
Secretary
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