HomeMy WebLinkAbout20151355.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSI '. 1
4
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COM a As
Moved by Terry Cross, 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: USR15-0012
APPLICANT SADDLE BUTTE ROCKIES MIDSTREAM LLC
PLANNER: KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL USE PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS
STORAGE FACILITIES (CRUDE OIL POLISHING TERMINAL); TRANSLOADING.
OUTDOOR EQUIPMENT AND MATERIALS STORAGE YARD IN THE A
(AGRICULTURE ) ZONE DISTRICT
LEGAL DESCRIPTION : LOT A REC EXEMPT RE-2045: PART S2NW4 SECTION 24, T3N , R65W OF THE
6TH P. M. . WELD COUNTY. COLORADO.
LOCATION : APPROXIMATELY 2640 FEET NORTH OF CR 30: EAST OF AND ADJACENT TO
CR 47 SECTION LINE.
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 Saddle Butte Midstream is proposing to convert to industrial uses is non-
irrigated rangeland 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 Saddle Butte Rockies Midstream . LLC 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 site the 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; Section 23-3-40.A.7 for Transloading; Section 23-3-40. S for
outdoor equipment and materials storage yard in the A (Agricultural) Zone District. (Milton Oil
Polishing Terminal)
�� � 5- 1355.
RESOLUTION USR15-0012
SADDLE BUTTE ROCKIES MIDSTREAM LLC
PAGE 3
A. 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)
B. An Improvements Agreement and road maintenance agreement is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included. (Department of Planning Services - Engineer)
C . The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR15-0012 (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. The applicant shall delineate the trash collection areas. Section 23-3-350. H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. County Road 47 is unmaintained section line right of way. The applicant shall verify and
delineate on the map the existing right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained
by Weld County. (Department of Planning Services - Engineer)
6. Show the approved access(es) on the map and label with the approved access permit
number AP14-00106. (Department of Public Works)
7. Show and label standard tracking control onto publically maintained roadways on the map.
(Department of Planning Services - Engineer)
8. 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)
9. Show and label the accepted drainage features, drainage flow arrows, turning radii , and
parking and circulation on the map. (Department of Planning Services — Engineer)
10. Show any proposed gate back a minimum of 75 feet from the right of way. (Department of
Planning Services — Engineer)
2 . Upon completion of Condition of Approval #1 above. the applicant shall submit three (3) paper copies
or one (1 ) electronic copy ( . pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval . The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code.
The Mylar map 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 map
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)
RESOLUTION USR15-0012
SADDLE BUTTE ROCKIES MIDSTREAM LLC
PAGE 2
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed Milton Oil Polishing Terminal and surrounding areas are rangeland that is
used for grazing of livestock and oil and gas encumbrances. There are very few residences
in the area, with the nearest residence being about 1200 feet to the north of the Polishing
Plant location, and 160 feet north of the north property line. As of March 27, 2015 staff has
received no inquiries from interested persons regarding this land use application . The land
being converted to industrial use is currently non-irrigated rangeland adjacent to an existing
crude oil terminal (White Cliffs) and near the proposed Magellan Terminal . Saddle Butte
does not anticipate any impact to cultivated lands found nearby. The project is anticipated to
have minimal impact to the existing land use of the subject parcel and those surround it. The
relatively isolated location of the proposed polishing plant is compatible with the surrounding
land uses.
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.
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 34 acres identified as "other lands" 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 map:
RESOLUTION USR15-0012
SADDLE BUTTE ROCKIES MIDSTREAM LLC
PAGE 4
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@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:
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 map 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 Nick Berryman.
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.
RESOLUTION USR15-0012
SADDLE BUTTE ROCKIES MIDSTREAM LLC
PAGE 5
CERTIFICATION OF COPY
I , Kristine Ranslem, Recording Secretary for the Weld County Planning Commission , do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on May 5, 2015.
Dated the 5`h of May, 2015.
q���f� � Digitally signed by Kristine Ranslem
Date: 2015.05.08 09:09:32 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Saddle Butte Rockies Midstream , LLC
Milton Oil Polishing Terminal
USR15-0012
1 . A Site Specific Development Plan and Special Review Permit for Mineral Resource Development
Facilities. Oil and Gas Storage Facility (Crude Oil Polishing Terminal): Transloading, and outdoor
equipment and materials storage yard in the A (Agricultural) Zone District (Milton Terminal) 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. 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)
5. 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)
6. 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" and Chapter 14 Article I of the
Weld County Code, at all times. (Department of Public Health and Environment)
7 . 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. Fugitive dust shall be
confined on the property. Uses on the property shall comply with the Colorado Air Quality
Commission's Air Quality Regulations. (Department of Public Health and Environment)
8. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
9. 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)
10. 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)
11 . 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)
12. 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)
13. The operation--shall-comply-with-alt-applicable State-noise-statutes-andlopregulatieos. 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 (Department of Public Health and Environment)
RESOLUTION USR15-0012
SADDLE BUTTE ROCKIES MIDSTREAM LLC
PAGE 7
14. 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)
15. 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)
16. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15m 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)
17. 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)
18. 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)
19. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services — Engineer)
20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
21 . There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
22. The right-of-way or easement shall be graded and drained to provide an all-weather access.
(Department of Planning Services - Engineer)
23. 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)
24. 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)
25. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
26. 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.
RESOLUTION USR15-0012
SADDLE BUTTE ROCKIES MIDSTREAM LLC
PAGE 8
27. 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.
28. 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.
29. 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 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 fVUnLiJJ
5 d 5 EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEE a •
ana
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: USR15-0012
APPLICANT: SADDLE BUTTE ROCKIES MIDSTREAM LLC
PLANNER. KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL USE PERMIT FOR
MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND
GAS STORAGE FACILITIES (CRUDE OIL POLISHING TERMINAL);
TRANSLOADING. OUTDOOR EQUIPMENT AND MATERIALS STORAGE
YARD IN THE A (AGRICULTURE) ZONE DISTRICT
LEGAL DESCRIPTION : LOT A REC EXEMPT RE-2045: PART S2NW4 SECTION 24. T3N, R65W OF
THE 6TH P. M. , WELD COUNTY. COLORADO.
LOCATION : APPROXIMATELY 2640 FEET NORTH OF CR 30: EAST OF AND ADJACENT
TO CR 47 SECTION LINE
Kim Ogle, Planning Services, presented Case USR15-0012, 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 1 .A 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 6 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 7 to read "Fugitive dust and future
particulate emissions shall be controlled on this site. The facility shall operate in accordance with the
accepted "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 13 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 noise State Statutes and/or regulations."
1
Trent Miller. Saddle Butte Rockies Midstream, 1900 16"' Street, Denver, stated that oil terminal facility will
be located in the southern half of the property and the northern half of the property will be an equipment
laydown yard for the facility. He added that the oil polishing facility is planned in the future as
commitments to the facility are determined.
Commissioner Smock asked what oil polishing is. Mr. Miller said the oil is reduced in volatility so it can
meet the specifications that the receiver can accept. Ryan Sheez, Project Manager, said that polishing is
when heat and mechanical separation is used to reduce the water content.
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 lives north of proposed facility. He expressed concern that
no one has contacted them on what the proposed project is. He added that this area has turned into a
massive oil station and no one has given them any safety protocols. Mr. Hunter said that he is concerned
with access to his property as it is landlocked.
Commissioner Berryman clarified if the concern is having dialogue with the applicants. Mr. Hunter replied
yes and asked how this will affect their quality of living. safety, property value and is concerned with the
amount of truck traffic.
Karrie Green, 15114 CR 47. stated that there are a lot of issues with section and boundary lines in this
area. She is concerned about the number of trucks. Currently, with the Anadarko facility nearby there
are trucks backed up and is concerned with traffic safety. She added that the lights are shining in her
house and the noise is 24 hours a day. 7 days a week .
Commissioner Jemiola asked who owns the private easement. Ms. Green stated that Joel Ritchey owns
the easement. She added that no one has told them about this project and would like to know how it will
affect her family.
Commissioner Berryman asked if there is anything that could mitigate these issues. She said that safety,
dust, noise. lights, and traffic need to be addressed. Mr. Berryman asked where the trucks are stacking
up. Ms. Green said it is along the paved road on County Road 30. Mr. Howard said that they are not
aware that staging is taking place.
Commissioner Wailes asked if there is anything to make this acceptable. Ms. Green does not want to
stop progress but doesn't know how to fix these problems.
Dorothea Elias. 15109 CR 47, echoed the previous concerns. She said that the lights and burn off fumes
is a nuisance.
Denea Burgess, 14768 CR 47. expressed concern that the property line is not correct. Her fence line
should be located 10 feet south of the existing fence line and indicated that the applicants are working on
their property. Ms. Burgess said that the road is not in good shape and they should maintain it if they are
using it. She added that there is a lot of trash blowing around .
Commissioner Sparrow asked for clarification of the property lines and asked if Ms. Burgess is correct
that you might be working on her property. Mr. Miller said that there is no construction taking place but
added that she may be referring to the pipeline that is currently being installed .
Mr. Miller said that they have contacted Joel Ritchey and have entered into an agreement and will pay for
maintenance of that road. Additionally, he said that they will pave 300 feet on County Road 47 north of
County Road 30. Regarding fire protection and safety they have talked with the Southeast Weld Fire
Protection District on the type of foaming protection that is going to be installed in the tanks and any of
their additional requirements or concerns.
Mr. Miller said that at full build out there will be a maximum of 15 trucks off loaded per day. Mr. Sheez
said that there will be a flare but only used during truck off-loading. Mr. Sheez said that there may be
some fumes but they are required to ensure 99% efficiency.
2
Commissioner Berryman requested that they hand out their business cards to the surrounding
landowners today and talk to them about the proposed project.
Motion : Amend Condition of Approval 1 .A 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 . Motion carried
unanimously.
Motion : Amend Development Standard 6 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", Moved by Bruce
Sparrow. Seconded by Joyce Smock. Motion carried unanimously.
Motion : Amend Development Standard 7 to read "Fugitive dust and future particulate emissions shall be
controlled on this site. The facility shall operate in accordance with the accepted "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", Moved by Bruce Sparrow, Seconded by
Joyce Smock. Motion carried unanimously.
Motion : Amend Development Standard 13 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", Moved by Bruce Sparrow, Seconded by
Nick Berryman. Motion carried unanimously.
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.
d
Motion : Forward Case USR15-0012 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 Terry Cross, Seconded by Nick Berryman.
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 said that this was a tough case again but he is voting yes because he cannot find
support in the Weld County Code to where he can vote no based on the fact that the public does not have
full knowledge of what the project is He encouraged the applicants to visit with the surrounding property
owners to alleviate their fears.
Commissioner Smock said that part of the problem is not from the applicant's facility but from surrounding
facilities and concurred with Mr. Wailes to talk with the surrounding property owners.
Commissioner Sparrow said that he has compassion for a group of people that seem to be faced with a
lot in their area. He also encouraged the applicants to reach out to their neighbors.
Commissioner Jemiola said that it would be prudent for the applicants to talk with the surrounding
property owners and try to address their concerns prior to the County Commissioner's hearing.
Meeting adjourned at 7:29 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
Aavedint, "anatiLdru Date: 2015.05.08 12:42: 13 -06'00'
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
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