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Home My WebLink About20160281.tiff L r — ! '. L r r LAND USE APPLICATION r . - SUMMARY SHEET Planner: Kim Ogle Hearing Date: December 15, 2015 Case Number: USR15-0062 Applicant: Blue Grama Land Corporation, 501 South Coltrane, Suite A, Edmond, OK 73034 Representative: Anne Johnson, Tetra Tech, 1900 So. Sunset Street, Suite 1-E, Longmont, CO 80501 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, 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) Legal SUBX15-0028, being pad of the S2 of Section 24, T5N R63W of the 6th P.M., Weld Description: County, CO Location: Approximately 7000 feet east of County Road 69, and approximately 10,000 feet north of the intersection of County Roads 69 and 50 Size of Parcel: +/- 12.8 acres Parcel No. 0965-24-1-00-003 The criteria for review of this Special Review Permit are 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: ➢ State of Colorado, Division of Water Resources, referral dated October 16, 2015 ➢ Weld County Department of Public Health and Environment, referral dated October 28, 2015 ➢ Weld County Department of Planning Services - Engineer, referral dated November 5, 2015 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Zoning Compliance, referral dated October 5, 2015 • Weld County Public Works—Access, referral dated October 7, 2015 ➢ West Greeley Conservation District, referral dated October 13, 2015 ➢ Platte Valley Fire Protection District, referral dated October 5, 2015 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Bonanza Creek, LLC ➢ Noble Energy, Inc. ➢ Colorado Parks &Wildlife ➢ Department of Building Inspection ➢ Division of Water Resources ➢ Office of Emergency Management ➢ Weld County Sheriff's Office ➢ Colorado Department of Public Health & Environment USR15-0062 BLUE GRAMA LAND CORPORATION Riverside Terminal Page 1 Case Summary: Blue Grama Land Corporation (Blue Grama), proposes to use a 12.8 +/- acre parcel as a Truck Unloading and Oil and Gas Support Facility with a 35 foot in height communications tower to be called the Riverside Facility that will collect crude oil produced on the 70 Ranch and neighboring properties via gathering lines and trucks that are already accessing the property. Material collected will then be transported in a 12" pipeline to the Lucerne East Facility under USR15-0037. At the Lucerne East Facility, the crude oil will be transferred into the 20" Grand Mesa Pipeline to Cushing, Oklahoma. Blue Grama has commitments from key industry producers to transport crude oil from Weld County to Cushing, Oklahoma. From Cushing, the resource is piped for refinement before being sent to other domestic and international destinations. The facility will operate 24 hours a day, 7 days a week, 365 days a year. This site is designed to be unmanned. For safety of the facility and the pipelines, the facility is monitored 24 hours a day, 7 days a week, 365 days a year from the Edmond, Oklahoma control center. Occasionally, staff will visit the site for maintenance and inspection. The site will be monitored by surveillance cameras. Blue Grama anticipates that initially up to 20,000 barrels of product will be delivered to the facility by trucks each day. In the future, 60,000 barrels of product may be delivered to the facility via future gathering lines. As additional gathering lines are constructed to the facility, the number of trucks may be reduced. All out- bound material will be transported via pipe to the Lucerne East facility. The site will be secure and fenced with chain link and will include an unloading area that will be fenced separately from the remainder of the property. The unloading area may be open during daylight hours and access will be controlled via card or key-pad entry system for evening or weekend access. Access to the facility will be controlled by an automated access system. Lighting will be for security purposes and shall not spill onto adjacent properties. Access to the tank area will be secured 24/7 and accessed via swipe or key system. Cattle guards will be placed at the facility entry/exit points to keep cattle from entering the facility. 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. 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 Grama 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 USR15-0062 BLUE GRAMA LAND CORPORATION Riverside Terminal Page 2 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 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 plat or lots parts of a map or plan filed prior to adoption of 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. USR15-0062 BLUE GRAMA LAND CORPORATION Riverside Terminal Page 3 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. 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. 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) 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 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 4151397, recorded October 20, 2015). (Department of Planning Services - Engineer) 7. Show and label the section 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 Services) 9. Show and label the site lighting for the entire facility. (Department of Planning Services) USR15-0062 BLUE GRAMA LAND CORPORATION Riverside Terminal Page 4 10. Show the site circulation for the entire facility. (Department of Planning Services) 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 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 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 $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. 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) USR15-0062 BLUE GRAMA LAND CORPORATION Riverside Terminal Page 5 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 USR15-0062 BLUE GRAMA LAND CORPORATION Riverside Terminal Page 6 licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 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 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) 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) USR15-0062 BLUE GRAMA LAND CORPORATION Riverside Terminal Page 7 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) 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 USR15-0062 BLUE GRAMA LAND CORPORATION Riverside Terminal Page 8 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. USR15-0062 BLUE GRAMA LAND CORPORATION Riverside Terminal 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: kogle@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3549 p ` - i FAX: (970) 304-6498 r � November 16, 2015 ANNE BEST JOHNSON 1900 S SUNSET ST STE 1-E LONGMONT, CO 80501 Subject: USR15-0062 - 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. (BLUE GRAMA LAND CORPORATION, RIVERSIDE FACILITY) On parcel(s)of land described as: SUBX15-0028 BEING PART OF THE S2 OF SECTION 24, T5N, R63W 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 Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem LL� .6 a 2 '- " Reason:I am the author of this document `f.I�CbtJY1[i µiuvL Date:2015.11.16 10:45:22-07'00' Kim Ogle Planner N DEPARTMENT OF PLANNING SERVICES i 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 . WEBSITE: www.co.weld.co.us � E-MAIL: kogle@co.weld.co.us !. PHONE: (970)353-6100, Ext. 3549 S' ? FAX: (970)304-6498 October 02, 2015 ANNE BEST JOHNSON 1900 S SUNSET ST STE 1-E LONGMONT, CO 80501 Subject: USR15-0062 - 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. (BLUE GRAMA LAND CORPORATION, RIVERSIDE FACILITY) On parcel(s)of land described as: SUBX15-0028 BEING PART OF THE S2 OF SECTION 24, T5N, R63W 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 o signed by Kristine hrf his iem Reason:I am the author of this document Date:2015.10.02 15:09:33-06'00' Kim Ogle Planner FIELD CHECK Inspection Date: December 3, 2015 Case Number: USR15-0062 Applicant: Blue Grama Land Corporation, 501 South Coltrane, Suite A, Edmond, OK 73034 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, 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) Legal SUBX15-0028, being g part of the S2 of Section 24,T5N R63W of the 6th P.M., Weld County, CO Location: Approximately 7000 feet east of County Road 69, and approximately 10,000 feet north of the intersection of County Roads 69 and 50 Size of Parcel: +/- 12.8 acres Parcel No. 0965-24-1-00-003 Zoning Land Use N AGRICULTURE N RANGELAND E AGRICULTURE E RANGELAND W LIMITED STRUCTURES S AGRICULTURE S RANGELAND, SERVICE ROAD AND BIJOU CANAL W AGRICULTURE W RANGELAND Comments: The leasehold area lies north of the Canal and away from the service road and canal. As this is private property Planning staff was not able to gain access to the site for inspection. County Road 69 has a weight restricted bridge (8000 GVW) crossing the irrigation canal that is posted at 20 MPH and handles a substantial volume of oilfield light weight truck traffic. The access from County Road 388, off of County Road 61 is restricted by a large swing gate and has a cattle guard in place. Traffic moving into and out of the field, and onto the 70 Ranch includes heavy haul trucks, oil field trucks and water trucks. Speeds are kept slow to keep the dust down, and the service road is posted. From County Road 69 looking to the northeast onto the 70 Ranch lands, the topography sloes to the north in the general area where the facility may be located. The irrigation canal is wide at this location and was conveying water on the date of the visit. signature; \ ❑ Access to Property o Site Distance ❑ Oil 8 Gas Structures ❑ Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. None • „ill 4., • . • '_ - I MA Mr' tiffilla '1. , Se Air' rte. -it i� 1- I. 1 Oa Ieasy at le - ' •,"fin a Ilk:si .` :- ' - �. ' �• - •�. 11�' �( ` �� :^ •• �r } .•c • . 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Butson, P.E., CFM , Consultant Engineer for Blue Grama Land Corporation ("Applicant"), understand and acknowledge that Applicant is seeking land use approval of USR15-0062 Riverside Unloading Facility ("Application") for the property described in the attached Exhibit "A." I have designed or reviewed the design ("Design") for the proposed land use set forth in the Application. I hereby certify, on behalf of Applicant that the Design will meet all applicable drainage requirements of the Weld County Code with the exception of variance(s) : escribed below. This certification is not a guarantee or warranty either expressed or implied. (Engineer's Stain ' 'e) •• I�A�o•G%o $ r ` tW s ue• : 41891 \.\(, • G�`: i -off o kel 1 TONAL Ne En n e Re • d Signature VARIANCE REQUEST 1 ) Describe the Weld County Code criteria of which a variance is being requested. 2) Describe why it is not possible to meet the Weld County Code. 3) Describe the proposed alternative with engineering rational which supports the intent of the Weld County Code. The applicant is requesting a variance from 23- 12-90.B - Retention Criteria to allow for retention facilities on surrounding property The topography in the are is hummocky, with many hills and depressions. There is no natural drainage to any creek in the area. Drainage from the site will collect to two depressions and be allowed to infiltrate in nearly the same manner as would be naturally occurring. The surrounding property owner has accepted increased runoff as shown in the acceptance letter enclosed in the drainage report. The proposed retention facility does meet the following retention criteria, with supporting details in the drainage report: 1 . Contains at least 1 .5 times the volume of specified runoff 2. The retention facility infiltrates in less than 72 hours. The proposed retention facility does not include an emergency spillway because the terrain does not allow for drainage to any other location. I understand and agree that the intention of the Code is to reduce impacts of development on neighboring downstream properties and the public. I understand if this variance request is approved it is not precedent setting and is based on site specific constraints. Planning Director Approval indicated when signed by director or appointe K Planning Director Npit cack. Signature Date of approval H 1/13/15 Hello