HomeMy WebLinkAbout20151443.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Joyce Smock, 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: USR15-0016
APPLICANT WES MOSER INC . C/O MAGELLAN MIDSTREAM PARTNERS, LP
PLANNER. KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
AN OIL AND GAS STORAGE FACILITY AND TRANSLOADING IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION E2 SECTION 25. T3N. R65W OF THE 6TH P. M. . WELD COUNTY. COLORADO
LOCATION : SOUTH OF AND ADJACENT TO CR 30: 0. 25 MILES WEST OF CR 49.
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/and 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 Magellan Midstream Partners is proposing to convert to industrial uses is
non-irrigated agricultural land that is located in a very rural area where there is a significant
amount of oil and gas activity already occurring Therefore the proposed use is compatible
with the region.
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 Magellan Midstream Partners 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 operational. While construction of the site will
generate some impacts because of the extra activity and trips to the site. once it is
constructed , the sites impact on the surrounding land will be minimal.
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 and Section 23-3-40.A.7 for Transloading in the A (Agricultural)
Zone District. (Magellan Midstream Partners Saddlehorn Origination Facility)
C. Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existin •
surrounding land uses.
EXHIBIT
. 01 ' Rift
RESOLUTION USR15-0016
WES MOSER INC . CIO MAGELLAN MIDSTREAM PARTNERS. LP
PAGE 2
The proposed Magellan Midstream Partners Saddlehorn Origination Facility - Oil Polishing
Terminal facility has been designed to minimally impact the surrounding properties. The
property directly to the north is a similar facility. Rose Rock's truck unloading facility. The
properties to the south, west and east are range land or in crop production. Oil and Gas
activities can be seen on each parcel surrounding the proposed project location. The nearest
residential structure is more than 1 /3 mile to the west and more than 0. 5 mile to the east. The
project is anticipated to have minimal impact to the existing land use of the subject parcel
and those surrounding it.
D Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect. or the adopted Master Plans of affected
municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program .
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 80 acres identified as "irrigated lands — not
prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. As
there is no irrigation water associated with the proposed facility and currently no irrigation
located on site, no prime agricultural lands will be taken out of production .
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 Planning Commission recommendation for approval is conditional upon the following:
1 Prior to recording the plat:
A. An Improvements Agreement and road maintenance agreement is required for offsite
improvements at this site. Road maintenance including dust control , damage repair, specified
haul routes and future triggers for improvements will be included_ (Department of Planning
Services - Engineer)
B. The plat shall be amended to delineate the following:
RESOLUTION USR15-0016
WES MOSER INC. . O/O MAGELLAN MIDSTREAM PARTNERS. LP
PAGE 3
1 . All sheets of the plat shall be labeled USR15-0016 (Department of Planning Services)
2 . The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260. 0 of the Weld County
Code. (Department of Planning Services)
4. Show the approved access(es) on the plat and label with the approved access permit
number AP15-00133. (Department of Public Works)
5. Show the accepted water quality feature on the map with volume and label as WATER
QUALITY FEATURE, NO-BUILD OR STORAGE AREA. (Department of Planning Services
- Engineer)
6 . Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services - Floodplain)
7. Show the drainage flow arrows on the map. (Department of Planning Services — Engineer)
8. Show the facility identification signs on the map. (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 orArcGIS 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(c�co.weld.co.us. (Department of Planning Services)
5. Prior to Operation:
A. Construction of the approved access and/or tracking control improvements is required prior to
operation. (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 Prior to the issuance of the Certificate of Occupancy:
RESOLUTION USR15-0016
WES MOSER INC. . 0/O MAGELLAN MIDSTREAM PARTNERS. LP
PAGE 4
A. An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Onsite Wastewater Treatment System Regulations (Department of Public Health
and Environment)
B. The applicant shall submit written evidence of a commercial drinking water well or other adequate
water source to Weld County Department of Public Health and Environment (Department of
Public Health and Environment)
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.
(Department of Planning Services)
Motion seconded by Bruce Sparrow.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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.
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 May 5, 2015.
Dated the 5th of May, 2015.
Digitally signed by Kristine
Ranslem
Date: 2015.05.08 09: 10:41 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Magellan Midstream Partners
Saddlehorn Origination Facility
USR15-0016
1 . A Site Specific Development Plan and Special Review Permit, USR15-0016, for Mineral Resource
Development Facilities. Oil and Gas Storage Facility (Crude Oil Polishing Terminal) and Transloading in
the A (Agricultural) Zone District. (Saddlehorn Origination 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, seven days a week, 365 days a year, as stated by the
applicant(s). (Department of Planning Services)
4. The number of on-site employees shall be commensurate with the number of persons which the septic
system may accommodate in accordance with the requirements of the Weld County Code, pertaining to
On-site Waste-water Treatment System (O.WT. S. ) Regulations. (Department of Planning Services)
5. 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)
6. 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)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate
in accordance with the approved "waste handling plan", at all times. (Department of Public Health and
Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall operate
in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and
Environment)
9. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility. at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable . Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed
in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment)
10. Sewage disposal for the facility shall be by septic system . Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems. (Department of Public Health and Environment)
11 . A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the private water supply. (Department of Public Health and Environment)
12 . 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 (HAP's) and volatile
organic compounds (VOC's) All chemicals must be stored secure.. on an impervious surface.. and in
accordance with manufacturer's recommendations (Department of Public Health and Environment)
RESOLUTION USR15-0016
WES MOSER INC. . O/O MAGELLAN MIDSTREAM PARTNERS. LP
PAGE 6
13. A current professional engineer signed Spill Prevention, Control and Countermeasure Plan shall be
available on site, at all times. (Department of Public Health and Environment)
14. The operation shall comply with all applicable State noise statutes and/or regulations. (Department of
Public Health and Environment)
15. 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)
16. 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)
17. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map # 080266-0900C dated September 28, 1982 (Box Elder Creek Floodplain) . Any
development shall comply with all applicable Weld County requirements. Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and
FEMA regulations and requirements as described in 44 CFR parts 59. 60, and 65. The FEMA definition
of development is any man-made change to improved or unimproved real estate. including by not limited
to buildings or other structures. mining, dredging. filling. grading, paving, excavation, drilling operations,
or storage of equipment and materials. (Department of Planning Services — Floodplain)
18. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 1 51h 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)
19. 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)
20. 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)
21 . The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services — Engineer)
22 . Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
23. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
24. There shall be no tracking of dirt or debris from the site onto publically maintained roads. The applicant
is responsible for mitigation of any offsite tracking and maintaining onsite tracking control
devices. (Department of Planning Services - Engineer)
RESOLUTION USR15-0016
WES MOSER INC. . C/O MAGELLAN MIDSTREAM PARTNERS. LP
PAGE 7
25. 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 2011 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)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27 . 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.
28. 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.
29. 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.
30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion , and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts. including noise from tractors and equipment: slow-moving farm vehicles
on rural roads; dust from animal pens, field work. harvest and gravel roads; odor from animal
confinement, silage and manure: smoke from ditch burning; flies and mosquitoes: hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102 , C. R. S . . provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County. property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4, 000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of the
RESOLUTION USR15-0016
WES MOSER INC. , 0/O MAGELLAN MIDSTREAM PARTNERS LP
PAGE 8
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_
PC VA ntARA
5- 545
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 5. 2015
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,
Jason Maxey. at 1 : 35 pm.
Roll Call.
Present: Bruce Sparrow, Jason Maxey. Jordan Jemiola, Joyce Smock. Michael Wailes, Nick Berryman,
Terry Cross.
Absent/Excused : Bruce Johnson and Benjamin Hansford.
Also Present: Kim Ogle. Chris Gathman, Diana Aungst and Tom Parko, Department of Planning
Services: Wayne Howard , and Jennifer Petrik, Department of Planning — Engineering Division; Frank
Piacentino. Building Department: Lauren Light and Heather Barbare, Department of Health: Brad Yatabe,
County Attorney. and Kris Ranslem, Secretary.
Motion : Approve the April 21 , 2015 Weld County Planning Commission minutes, Moved by Joyce Smock.
Seconded by Bruce Sparrow_ Motion passed unanimously
CASE NUMBER : USR15-0016
APPLICANT WES MOSER INC C/O MAGELLAN MIDSTREAM PARTNERS LP
PLANNER: KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING AN OIL AND GAS STORAGE FACILITY AND TRANSLOADING IN
THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION E2 SECTION 25. T3N . R65W OF THE 6TH P M. . WELD COUNTY,
COLORADO.
LOCATION SOUTH OF AND ADJACENT TO CR 30; 0.25 MILES WEST OF CR 49.
Kim Ogle, Planning Services, presented Case USR15-0016, reading the recommendation and comments
into the record . The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Wayne Howard, Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Heather Barbare, Environmental Health , reviewed the public water and sanitary sewer requirements, on-
site dust control, and the Waste Handling Plan. Ms. Barbare recommended an amendment to Condition
of Approval 7. B to read "The applicant shall submit written evidence of a commercial drinking water well
or other adequate water source to Weld County Department of Public Health and Environment".
Based on direction from the County Commissioners and the Environmental Health Director, Ms. Barbare
recommended amending Development Standards 7 to read "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 facility shall operate in accordance with the approved "waste
handling plan" and with Chapter 14 Article I of the Weld County Code, at all times".
Ms. Barbare recommended amending Development Standard 8 to read "Fugitive dust and future
particulate emissions shall be controlled on this site. The facility shall operate in accordance with the
approved "dust abatement plan", at all times. Fugitive dust shall be confined on the property. Uses on
the property shall comply with the Colorado Air Quality Commission's Air Quality Regulations".
Additionally. Ms. Barbare recommended amending Development Standard 14 to read "The facility shall
adhere to maximum permissible noise levels allowed in the non-specified zone as delineated in Section
14-9-30 of the Weld County Code and with all applicable State noise Statutes and/or regulations. "
EXHIBIT
:rat.
of -J -P 3
Anne Best Johnson , Tetra Tech 1900 S Sunset Street, Longmont. Colorado, stated that Magellan
Midstream Partners is principally engaged in the transportation, storage and distribution of refined
petroleum products and crude oil. The material will enter the facility via pipeline or truck. She added that
a maximum of 50 trucks will enter the facility through the eastern most access. Another 10 vehicles will
access the site including passenger vehicles for employees.
Tom Beach. Southeast Weld Fire Protection District. 65 East Gandy Avenue, Keenesburg, Colorado.
stated that they have reviewed this case and have met with the applicants on fire protection requirements
to the facility.
Ms. Johnson said that the facility will be constructed in phases. Ms. Johnson requested a favorable
recommendation for this case. She added that they agree to the development standards and conditions
of approval that were provided prior to the hearing and although the recommended changes from
Environmental Health appear to be benign they would like to have time to review those prior to the
County Commissioner hearing .
Commissioner Sparrow said that these sites are getting large with so much oil and asked if there is a
need for security or will there be security on this site. Ms. Johnson said that the gates for the unloading
bays will be open during the day unless Magellan feels there is a reason to keep them locked and then it
can be accessed through key pad or swipe. She added that during the evening the facility will be locked
and the entire facility will be fenced. Abigail Wendt. Magellan Midstream Partners, added that cameras
will be located at the unloading bays: however cameras for the remaining site have not been planned yet.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Jeremy Hunter. 14788 CR 47. stated that he wasn't personally notified but happy that they made an effort
to contact the surrounding property owners. He inquired at what point do we say enough is enough for
one area regarding above ground storage. He expressed concern regarding fire potential and safety and
added that the fire at the facility by Greeley recently burned for quite a while.
Commissioner Berryman asked what could be done to make this project acceptable. Mr. Hunter replied
security. traffic, road conditions and containment regulations need to be addressed .
Tom Beach , Southeast Weld Fire Protection District, said that the tanks are set up that there is a foaming
suppression system. He added that the applicant has met all of the Fire District's standards. Mr. Beach
said that the facility that was on fire by Greeley was an injection well facility and those facilities are not
like this project.
In response to Mr. Jemiola's inquiry. Ms. Wendt stated that 110% of containment for one ( 1 ) tank is
required and she added that this facility has been designed for 115% containment. There are also
intermediate dikes that go in between each tank. With regard to security, Ms. Wendt said that there is not
24 hour security: however the operations in Tulsa have access to the camera system. If something
drastic would happen they would lose the product and protect the safety of the surrounding area.
Motion : Amend Condition of Approval 7. B to read "The applicant shall submit written evidence of a
commercial drinking water well or other adequate water source to Weld County Department of Public
Health and Environment", Moved by Bruce Sparrow, Seconded by Nick Berryman.
Vote: Motion passed (summary: Yes = 5, No = 1 , Abstain = 0).
Yes: Bruce Sparrow, Jordan Jemiola. Joyce Smock, Nick Berryman , Terry Cross.
No: Michael Wailes.
Absent: Jason Maxey.
Commissioner Wailes asked to open the changes up for discussion and possibly suspend voting on these
and allow this case to go to the Board of County Commissioners to allow the applicant time to review
them and seen how they might affect their proposal . Commissioner Jemiola commented that these
changes were recommended from the Board of County Commissioners and feels comfortable moving
forward on these. Ms. Johnson commented that she would prefer to have the courtesy of being able to
review any changes prior to coming to a hearing. She added that these changes seem to be fairly
standard and benign but they would like to review them as for instance she doesn't know what Chapter
2
14 of that article says. However. in the essence of time they are happy to move forward with the
proposed changes as long as they reserve the right to be able to review the changes and address any
concern with them prior to the County Commissioner hearing
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: however they would like to reserve the right to review those prior to the Board of County
Commissioner hearing.
Motion : Forward Case USR15-0016 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 Joyce Smock. Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, Jordan Jemiola. Joyce Smock. Michael Wailes, Nick Berryman , Terry Cross.
Absent: Jason Maxey.
Commissioner Wailes does not want the public to feel that they don't have a voice in this process and to
understand that they do take these cases under heavy consideration.
Commissioner Sparrow commented that in some cases these people just need to be heard and they
deserve to be heard.
Commissioner Jemiola encouraged the applicant to follow up with the surrounding landowners to see if
any mitigation measures could be done to make them feel more at ease.
The Chair asked the public if there were other items of business that they would like to discuss. Anne
Johnson wished to thank county staff for working with them through this process. She added if this site is
approved Magellan would like to offer a facility tour to the Planning Commission and Board of County
Commissioners. Commissioner Smock suggested inviting the surrounding property owners as well .
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 7:29 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
45\:akin& `T Date: 2015.05. 12 07:40:49 -06'00'
Kristine Ranslem
Secretary
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