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Home My WebLink About20153332.tiff HEARING CERTIFICATION DOCKET NO. 2015-86.B RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0037, FOR MINERAL RESOURCE FACILITIES, OIL AND GAS STORAGE FACILITIES WITH TRANSLOADING, A LAYDOWN YARD AND A LESS THAN 35-FOOT IN HEIGHT COMMUNICATION TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT — BLUE GRAMA LAND CORPORATION A public hearing was conducted on October 21, 2015, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tern - EXCUSED Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Steve Moreno Also present: Acting Clerk to the Board, Tisa Juanicorena County Attorney, Bruce Barker Planning Services Department representative, Kim Ogle Planning Services Engineer representative, Wayne Howard Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated August 14, 2015, and duly published August 19, 2015, in the Greeley Tribune, a public hearing was conducted September 16, 2015, to consider the request of Blue Grama Land Corporation, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0037, for Mineral Resource Facilities, Oil and Gas Storage Facilities with transloading, a laydown yard and a less than 35-foot in height Communication Tower in the A (Agricultural) Zone District, at which time the Board deemed it advisable to continue the matter to October 21, 2015, to allow the applicant time to finalize the grading and drainage plans to be reviewed concurrently with the USR application. On October 21, 2015, Bruce Barker, County Attorney, made this a matter of record. Chair Kirkmeyer advised Anne Best Johnson, representing the applicant, that, since Commissioner Freeman was not able to be present, it will require three affirmative votes, or in the case of a tie vote, Commissioner Freeman will listen to the record and make the determining vote. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and reviewed the location of the site stating it was historically used for irrigated agricultural production. He reported the surrounding properties include unincorporated Weld County, agricultural uses and some rural residential development and the property is located within the Airport Overlay District. He stated the applicants have been in touch with the Weld County Airport and the FAA regarding possible permit requirements and held an open house for surrounding property owners in May of 2015, in which five people attended and had no concerns. Mr. Ogle 2015-3332 CC �/13 PL2368 HEARING CERTIFICATION - BLUE GRAMA LAND CORPORATION (USR15-0037) PAGE 2 reported that staff received one letter of concern regarding increased truck traffic, turning movements during the sugar beet harvest and hauling season, and received one phone call with concerns regarding stormwater runoff affecting the quality of the irrigation water source; to which, the applicant's representative responded to discuss engineering. He stated the site is located within the three (3) mile referral area of the City of Greeley, which provided advisory comments in the referral response. Mr. Ogle reviewed the proposed construction of an unloading facility to include a 20-inch pipeline which will be the origination point for the Grand Mesa Pipeline that will transport crude oil to Cushing, Oklahoma. He explained the site will be secured with a chain link fence topped with barbed wire, access will be controlled by an automated access system, and the facility will operate 24 hours a day, seven (7) days a week with up to eight (8) employees per shift. He stated that 18 referrals were sent out with four (4) responses received that included comments for staff review. Mr. Ogle displayed images and entered the favorable recommendation of the Planning Commission into the record as written. le Wayne Howard, Department of Planning Services Engineer, provided a brief overview of the transportation plans and requirements and stated the main access is located on County Road (CR) 66 west of CR 45, an emergency access was also approved on CR 45, and both are approved by Public Works, AP#15-00352. Mr. Howard clarified both are local roads with 60 feet of right-of-way and maintained by Weld County. He reported the average daily traffic counts for both roads and stated the Traffic Study submitted indicated 260 vehicles per day would enter the site with 250 being truck round trips. He reviewed the setback requirements, paved entrance and tracking control conditions and stated an Improvements and Road Maintenance Agreement would be required, and the Final Drainage Report has been submitted with minor revisions. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions stating potable water will be provided by the North Weld Water District, a septic will be installed when the office is built, portable toilets will be used for drivers, and the existing septic system will be abandoned. Ms. Light clarified that if they choose to use the current septic, it will have to be reviewed by an engineer. She reviewed the requirements relevant to environmental health. el Anne Best Johnson, Tetra Tech, representing the applicant, introduced her team and thanked the Board for the prior continuance to solidify the application plans. She reported the applicant opened the call for demand on September 15, 2014, and by October 3, 2014, the commitment level was reached and the applicant began to move forward with plans for the site. reviewed the details surrounding the open house and their responses to the neighbors to She p p 9 include discussions with staff if changes were needed. Ms. Johnson reported her efforts to work with the fire protection district, including an emergency access, and lightning arrestors on-site. She also stated the APEN Permit has been approved, the Stormwater Management Plan has been approved, and reported the SKATA Facility in Edmond, OK, is capable of transmitting a high quality view of the site to monitor operations remotely. Ms. Johnson described the truck route on-site regarding the unloading bays and four (4) 150,000-barrel storage tanks which will rely on truck trips in phase one; and later, the facility will receive crude by pipeline once the lines are in place and connected. She verified the application is consistent with the Weld County Code and the applicant is in agreement with the Conditions of Approval and the Development Standards. In response to Commissioner Conway, Ms. Johnson clarified the emergency access is only for emergency vehicles. 2015-3332 PL2368 HEARING CERTIFICATION - BLUE GRAMA LAND CORPORATION (USR15-0037) PAGE 3 El No public testimony was offered concerning this matter. E In response to Commissioner Moreno, Ms. Johnson clarified the projected traffic routes and eventually the facility will be pipe fed. In response to Chair Kirkmeyer, Mr. Howard verified the average daily traffic count for CR 66. In response to Commissioner Cozad, Ms. Johnson pointed out the location of the irrigation ditches and the accommodations to cross the ditches and/or honor easement agreements and the future growth has been included in the design. She further verified the APEN Permit has been approved by the State. In response to Commissioner Moreno, Ms. Johnson clarified there is not a Lighting Plan because the lighting on-site will be on the equipment and for security only. El Seth Vanderlinde, Edmond, OK, Applicant, explained there is not a specific design for the lighting; however, the idea is for it to shine directly on the equipment for security. In response to Chair Kirkmeyer, he stated they will design the lighting so that it is shielded from residences. El In response to Chair Kirkmeyer, Mr. Vanderlinde explained the access that was requested by the Fire District for emergency access only, is to prevent the emergency vehicles from traveling through the site in case of an emergency. He further explained there is an entrance access and an exit access designed for the safety of the semi-truck route. Commissioner Cozad expressed her understanding for the additional access in light of precautionary safety measures. In response to Chair Kirkmeyer, Ms. Johnson stated the parcel is 73-acres and reiterated the safety reasons for the accesses. Mr. Vandelinde explained the gated access may be opened with a key pad code. Commissioner Conway expressed his agreement with the safety reasons for the accesses. a Commissioner Cozad stated it is safer to have the on-site truck route include the separate entrance and exits for the truck unloading. Commissioner Conway interjected that the Fire Districts have the ability to attend hearings and explain the need for the emergency accesses as well. El In response to Chair Kirkmeyer, Ms. Johnson, on behalf of Blue Grama Land Corporation, indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards. a Chair Kirkmeyer recommended deleting Condition of Approval (COA) #1.C and suggested a new COA #1.C.3 to delineate the emergency access on the map, and renumber accordingly. The Board agreed with the changes. Chair Kirkmeyer further suggested inserting a new Development Standard (DS) #21, and renumbering accordingly, to read, "Directed or reflected light will be shielded and directed from residences, so as not to create a nuisance, as determined by the Department of Planning Services." Commissioner Cozad also recommended adding a new COA#1.D to read "The Lighting Plan shall be designed so that direct and reflective light is shielded from surrounding properties so as not to create a nuisance condition." 2015-3332 PL2368 HEARING CERTIFICATION - BLUE GRAMA LAND CORPORATION (USR15-0037) PAGE 4 le In response to Chair Kirkmeyer, Mr. Vandelinde stated he had no issues with the changes. Ms. Johnson stated on behalf of Blue Grama Land Corporation, they agree to abide by the Conditions of Approval and Development Standards, as amended. e Commissioner Moreno moved to approve the request of Blue Grama Land Corporation, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0037, for Mineral Resource Facilities, Oil and Gas Storage Facilities with transloading, a laydown yard and a less than 35-foot in height Communication Tower in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as amended and entered into the record. The motion was seconded by Commissioner Cozad, and it carried unanimously. There being no further discussion, the hearing was completed at 10:57 a.m. This Certification was approved on the 26th day of October, 2015. 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