HomeMy WebLinkAbout20153321.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: USR15-0037
APPLICANT: 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
FACILITIES WITH TRANSLOADING, A LAY-DOWN YARD AND A LESS THAN 35
FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION : LOT B OF RECX15-0080. BEING PART OF THE E2 NE4 SECTION 27. T6N,
R65W OF THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 66, WEST OF AND ADJACENT TO CR 45.
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 industrial use is irrigated Prime
Agriculture land and is located in a rural area east of the Greeley-Weld County Airport where
there is a significant amount of oil and gas activity occurring and where there is associated
infrastructure in place. The existing PSCO Pleasant Valley substation will be expanded to
provide reliable electrical service for the facility operation.
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 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. While construction of the site will generate
some impacts because of the extra activity and trips to the site, once it is constructed, the
site 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 irrigated production agriculture and was recently conveyed to the current
property owner and applicant for uses that are associated with the expanding oil and gas
industry including the transfer and processing of oil from the field to me rket initiall via tanker
truck and at buildout via pipeline. EXHIBIT
A-
wog_ t4� 3
RESOLUTION USR15-0037
BLUE GRAMA LAND CORPORATION
PAGE 2
B Section 23-2-220 Al -- 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 PUD development proposals shall not be permitted to
use the special review permit process to develop. a construction laydown yard in the A
(Agricultural) Zone District. (Blue Grama Land Corporation . Lucerne Origination Facility)
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 will minimally impact the surrounding properties Surrounding
properties include unincorporated Weld County in agricultural uses with some rural
residential There are two residential structures north of the property and one immediately
west and adjacent to the property. The property is within the Airport Overlay District. The
applicants have been in contact with the Greeley-Weld County Airport Authority and the FAA
for possible permitting requirements The nearest residential structure is adjacent to and
north of the proposed facility The applicants held an Open House on May 27 . 2015 and
invited those within one-half mile of the facility to the Open House. Five individuals
representing 3 of the 24 properties within this radius attended . Of those that attended , no
negative comments or concerns over the proposed facility were made. The project is
anticipated to have minimal impact to the existing land use of the subject parcel and those
that surround 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 located within a three (3) mile referral area of the City of Greeley The City in their
referral dated July 24. 2015 provided advisory comments derived from the City of Greeley
Development Code and the City of Greeley Design Criteria and Construction Specifications
Volumes I . II and III The City of Greeley stated that the property was located in the City of
Greeley's Long Range Expected Growth Area and the City anticipates community
development occurring in this area in the next twenty years. Additional comments addressed
site development criteria, water service provided by North Weld County Water District in
accordance with the executed Water Service Agreement dated February 5. 2013 and a
request for future right-of-way on both County Road 66 and County Road 45 .
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, or Geologic Hazard 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
RESOLUTION USR15-0037
BLUE GRAMA LAND CORPORATION
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 65 acres identified as "Prime Agricultural"
per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Of the
approximately 65 acres in area. 45 acres will be utilized for the facility. The remaining 20
acres will be seeded in an agricultural seed crop to prevent wind and water erosion and
maintain the soil condition . The site is currently irrigated however, the irrigation well may be
re-permitted in the future upon approval for a commercial/ industrial water source for the
facility.
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 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 A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required (Department of
Planning Services - Engineer)
C The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as
stated in the referral response dated July 24 , 2015. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services ( City of Greeley)
D The map shall be amended to delineate the following
1 The attached Development Standards (Department of Planning Services)
2 . Show and label the approved access turning radii . (Department of Public Works)
3 . Show and label the accepted drainage features and drainage flow arrows on the map.
Water quality features or stormwater ponds should be labeled as Water Quality
Feature/Stormwater Detention . No-Build or Storage Area. Volume = TBD" (Department
of Planning Services - Engineer)
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)
RESOLUTION USR15-0037
BLUE GRAMA LAND CORPORATION
PAGE 4
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 850.00 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@coweld .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)
B The approved access and tracking control shall be constructed prior to on-site construction
(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.
A In the event the applicant intends to utilize the existing septic system . the septic system shall be
reviewed by a Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the system's ability to handle the
proposed hydraulic load The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed the system shall be brought into
compliance with current Regulations. Alternately, a new septic system may be installed.
Evidence of such shall be submitted. in writing . to the Weld County Department of Planning
Services. (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)
RESOLUTION USR15-0037
BLUE GRAMA LAND CORPORATION
PAGE 5
Motion seconded by Bruce Johnson ,
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
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 October 6 2015
Dated the 6t of October, 2015.
Digitally signed by Kristine Ranslem
7 a .EMe , Date: 2015. 10.09 16:02:06 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Blue Grama Land Corporation
Lucerne Origination Facility
USR15-0037
1 . 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. PUD development proposals shall not be
permitted to use the special review permit process to develop; a construction laydown yard. and a 35 foot
in height communications tower in the A (Agricultural) Zone District. (Blue Grama Land Corporation ,
Lucerne 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 employees are restricted to eight (8) persons per shift. as stated by the applicant
(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 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)
8. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
9. 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)
10. Fugitive dust and fugitive particulate emissions should attempt to be confined on the property Uses on
the property should comply with the Colorado Air Quality Commission's air quality regulations.
(Department of Public Health and Environment)
11 . 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 USR15-0037
BLUE GRAMA LAND CORPORATION
PAGE 7
12 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)
13 . A permanent. adequate water supply shall be provided for drinking and sanitary purposes The facility
shall utilize the public water supply. (Department of Public Health and Environment)
14 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)
15 . 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)
16. 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)
17 . 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)
18. 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)
19. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15'h 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)
20. 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)
21 , 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)
22 . The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services — Engineer)
23 . Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
24 . There shall be no parking or staging of vehicles on County roads On-site parking shall be utilized.
(Department of Planning Services - Engineer)
25. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking . (Department of Planning Services - Engineer)
26. At the intersections of County Road 43 & County Road 66 and County Road 47 & County Road 66 the
applicant will need to make the necessary improvement when the triggers are met
RESOLUTION USR15-0037
BLUE GRAMA LAND CORPORATION
PAGE 8
27 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)
28 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
29 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.
30 . 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
31 . 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.
32 . 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
33. 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
RESOLUTION USR15-0037
BLUE GRAMA LAND CORPORATION
PAGE 9
urban areas of the Count Section 35-3. 5-102 CRS provides that an agricultural operation shall not be
Y � P 9 P
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.
• c7c MNCGS
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday . October 6, 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,
Jordan Jemiola, at 12 : 34 pm
Roll Call.
Present: Bruce Johnson . Bruce Sparrow, Gene Stifle. Jordan Jemiola. Joyce Smock, Michael Wailes,
Nick Berryman , Terry Cross_
Absent: Benjamin Hansford.
Also Present Kim Ogle. Chris Gathman , and Diana Aungst. Department of Planning Services, Wayne
Howard . and Jennifer Petrik. Department of Planning Services — Engineering Division . Lauren Light,
Department of Health : Bruce Barker, County Attorney. and Kris Ranslem. Secretary
Motion Approve the September 15. 2015 Weld County Planning Commission minutes, Moved by Michael
Wailes. Seconded by Joyce Smock Motion passed unanimously
CASE NUMBER USR15-0037
APPLICANT 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 FACILITIES WITH TRANSLOADING A LAY-DOWN YARD AND A
LESS THAN 35 FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT B OF RECX15-0080. BEING PART OF THE E2 NE4 SECTION 27 , T6N.
R65W OF THE 6TH P M. . WELD COUNTY. COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 66. WEST OF AND ADJACENT TO CR
45
Kim Ogle. Planning Services. presented Case USR15-0037 , reading the recommendation and comments
into the record Mr. Ogle noted that one ( 1 ) email correspondence was received with concerns regarding
traffic and turning radii onto county maintained roads 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
Lauren Light. Environmental Health reviewed the public water and sanitary sewer requirements. on-site
dust control , and the Waste Handling Plan .
Anne Johnson , Tetra Tech, 1900 South Sunset Street, Longmont, Colorado. stated that the applicants
are proposing the transportation . storage, blending and distribution of crude oil near Lucerne, Colorado.
The facility will operate 24 hours. 7 days per week. 365 days per year with eight (8) employees on site.
They will also operate a SCADA system to monitor the facility remotely
Commissioner Johnson asked how the enclosed tanks will handle the gas from crude oil Seth
Vanderlinde. Blue Grama Land Corporation , 501 South Coal Train . Edmund . Oklahoma , said the oil that
will be brought into the facility will be highly regulated and will be merchantable crude oil so there should
not be any gas He added that if there is gas, there are safety checks at the off-loading points_ The tanks
themselves are designed to hold a certain amount of vapor
Commissioner Smock asked how this will affect the surrounding farmland . Ms. Johnson said that it
shouldn't impact the surrounding agricultural land as the onsite storm management facilities are designed
EXHIBIT
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I,ts(Z ls- • b �- -.
to capture on-site run off as well as anything that might come from the roads_ She added that they have
discussed this design with the ditch companies so that they are comfortable with the design .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Eric Angus, 30740 CR 47. stated that he lives east of this project about one ( 1 ) mile: however they farm
all around this site He is concerned with the increase in truck traffic as it is already heavily traveled with
beat trucks this time of year He is concerned with the safety of his operators moving equipment with this
amount of truck traffic. Mr. Angus inquired how they will get trucks onto Highway 85 from County Road
66 without a stop light and suggested bringing the trucks to the site from Highway 392 and County Road
45 . Mr. Angus stated that he doesn't have a problem with the storage site other than it is taking some
prime agricultural farmland
Ms. Johnson stated that safety is a primary concern for the applicant as well . They will be entering into a
long term road maintenance and improvements agreement so if triggers are met the applicant will be
required to make improvements to the roadway. She added that they chose County Road 66 west to
Highway 85 because there are auxiliary lanes in place on Highway 85 so it is more safe to access and
exit off of Highway 85 to County Road 66.
In response to Commissioner Johnson's inquiry. Gene Coppola. Traffic Consultant. 9323 Armadillo Drive,
Lonetree. Colorado. stated that the service area for this facility is basically west and south of the site so
most of the traffic will be using Highway 85.
The Chair asked the applicant if they have read through the 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 USR15-0037 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Sparrow. Seconded by Bruce Johnson .
Vote: Motion carried by unanimous roll call vote (summary : Yes = 8) .
Yes : Bruce Johnson , Bruce Sparrow. Gene Stille. Jordan Jemiola . Joyce Smock. Michael Wailes. Nick
Berryman , Terry Cross
Commissioner Smock commented that she is concerned with the safety of the farmers moving their
equipment on the roads and would like to see something from the applicant's point of view to help the
farmers because the farmers were here first.
Commissioner Johnson is concerned with the traffic issue and the safety of the tanks.
Commissioner Berryman requested that the applicants to do what they can with working with traffic.
Commissioner Jemiola understands the route selected based on current safety and feels it is good to
maintain a relationship with the neighbors.
Meeting adjourned at 6: 10 pm.
Respectfully submitted.
Digitally signed by Kristine Ranslem
113 ,bbr1L-d Date: 2015 . 10.09 16:01 :02 -06'00'
Kristine Ranslem
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday . September 1 , 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,
Jordan Jemiola , at 12: 30 pm_
Roll Call
Present. Benjamin Hansford . Bruce Sparrow, Gene Stifle. Jordan Jemiola. Joyce Smock. Michael Wailes,
Nick Berryman , Terry Cross.
Absent/Excused : Bruce Johnson
Also Present Kim Ogle. Chris Gathman, and Diana Aungst. Department of Planning Services. Wayne
Howard , Department of Planning Services - Engineering Division . Lauren Light, Department of Health,
Bruce Barker. County Attorney. and Kris Ranslem . Secretary.
Motion Approve the August 4 . 2015 Weld County Planning Commission minutes, Moved by Benjamin
Hansford . Seconded by Michael Wailes Motion passed unanimously
CASE NUMBER USR15-0037
APPLICANT 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 FACILITIES WITH TRANSLOADING A LAY-DOWN YARD AND A
LESS THAN 35 FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT B OF RECX15-0080. BEING PART OF THE E2 NE4 SECTION 27 T6N,
R65W OF THE 6TH P M WELD COUNTY. COLORADO.
• LOCATION SOUTH OF AND ADJACENT TO CR 66. WEST OF AND ADJACENT TO CR
45
Kim Ogle. Planning Services_ stated that the applicant is requesting a continuance to the October 6. 2015
Planning Commission hearing This will allow the applicant time to finalize their site layout plan including
site grading and drainage on site.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application No one wished to speak.
Motion : Continue Case USR15-0037 to the October 6, 2015 Planning Commission hearing . Moved by
Benjamin Hansford. Seconded by Terry Cross,
Vote: Motion carried by unanimous roll call vote (summary : Yes = 8).
Yes : Benjamin Hansford . Bruce Sparrow. Gene Stifle. Jordan Jemiola. Joyce Smock. Michael Wades,
Nick Berryman . Terry Cross
Absent: Bruce Johnson .
Meeting adjourned at 2: 31 pm.
Respectfully submitted.
Digitally signed by Kristine Ranslem
anabin, Date: 2015.09.04 14: 17: 19 -06'00'
Kristine Ranslem
Secreta ry
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