HomeMy WebLinkAbout20142854.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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: USR14-0031
APPLICANT: TALLGRASS PONY EXPRESS PIPELINE INC&UET MIDSTREAM LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A OIL AND GAS SUPPORT AND SERVICE FACILITY AND OIL AND
GAS STORAGE FACILITY (CRUDE OIL TANK FARM AND CRUDE OIL TRUCK
UNLOADING FACILITY) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: THE E2SE4 AND THE S2NE4 OF SECTION 2, T9N, R59W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 119; 0.25 MILES SOUTH OF CR 110.
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 I. A. Goal 9 states"Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20 I. 5.A.Policy 9.5. states "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies."
Section 22-5-100 A. OG.Goal 1. States"Promote the reasonable and orderly exploration and
development of oil and gas mineral resources."
The proposed site is located in a rural location where a lot of oil and gas development is
presently occurring.According to Weld County Assessor records,the nearest residence is at
least 1 mile from this site.A Lighting plan is required as a condition of approval for this case.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40 A.1 and A.2 of the Weld County Code allows Oil and Gas
Storage Facilities and Oil and Gas Support Facilities(Crude Oil Tank farm and crude oil truck
unloading facility) as a Use by Special Review in the A (Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed site is located in a rural location where a lot of oil and
gas development is presently occurring. According to Weld County Assessor records, the
nearest residence is at least 1 mile from this site. A lighting plan is required as a condition of
approval for this case. No phone calls or correspondence have been received from
surrounding property owners in regards to this case. However, one letter has been received
from a mineral interest holder requesting addition information about this case.
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 . _..-
development as projected by Chapter 22 of the Weld County Code and a EXHIBIT
code provisions or ordinances in effect, or the adopted Master •_,.
municipalities.
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RESOLUTION USR14-0031
TALLGRASS PONY EXPRESS PIPELINE INC& UET MIDSTREAM LLC
PAGE 2
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 158 acres. The proposed facility operation
area will cover a portion of the site. The site is delineated as "Other" with a portion of the
property designated as"Prime if Irrigated"per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The site plan indicates that the operations area and facility
improvements will be located within the area of the property designated as"Other".
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. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department of
Health and Environment, if applicable.Alternately, the applicant may provide evidence from the
APCD that they are not subject to these requirements. Evidence of acceptance shall be
submitted, in writing, to the Weld County Department of Planning Services. (Department of
Environmental Health) (condition was met 8/19/14)
B. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F.which states,
in part, that, "any lighting shall be designed, located,and operated in such a manner as to meet
the following standards: sources of light shall be shielded so that beams or rays of light will not
shine directly onto adjacent properties." (Department of Planning Services)
C. The applicant shall submit a Signage Plan to the Department of Planning Services, for review
and approval, if signage is desired. Signs shall be in compliance with Chapter 23, Article IV,
Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
D. 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)
RESOLUTION USR14-0031
TALLGRASS PONY EXPRESS PIPELINE INC& UET MIDSTREAM LLC
PAGE 3
E. The applicant shall attempt to address the requirements/recommendations of the West Greeley
Soil Conservation District as stated in their referral dated June 13, 2014. Written evidence of
such shall be provided to the Department of Planning Services. (West Greeley Soil
Conservation District) (condition was met 8/19/14)
F. The site plan shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0031 (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.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. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5. The approved Lighting Plan. (Department of Planning Services)
6. The approved Signage Plan. (Department of Planning Services)
7. County Road 119 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall
verify and delineate on the plat the existing right-of-way and the documents creating the
right-of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Planning Services-Engineer)
8. Show the approved access(es) on the plat and label with the approved access permit
number(AP14-00169). (Department of Planning Services-Engineer)
9. The approved water quality feature. Label the water quality feature on the plat as"Water
Quality Feature, No Build/Storage Area"and label the required volume. (Department of
Planning Services-Engineer)
10. Tracking control(either 300-feet of pavement onsite or 100 feet of pavement plus double
cattle guards) shall be indicated on the site plan. (Department of Planning Services-
Engineer)
2. Upon completion of Condition of Approval#1 above, the applicant shall submit one(1) paper copies
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)
RESOLUTION USR14-0031
TALLGRASS PONY EXPRESS PIPELINE INC&UET 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 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@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services-Engineer)
B. If more than 1 acre is to be disturbed for construction of non pipeline items such as
structures, parking lots, laydown yards etc..., a Weld County grading permit will be required
prior to the start of construction.
C. Right of way permit is required for any work within the public right of way. (Department of
Planning Services-Engineer)
D. Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services-Engineer)
6. Prior to Operation:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services-Engineer)
B. Right of way permit is required for any work within the public right of way. (Department of
Planning Services-Engineer)
C. Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services-Engineer)
D. 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. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according
to the Weld County Individual Sewage Disposal Regulations. (Department of Health and
Public 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 Michael Wailes.
RESOLUTION USR14-0031
TALLGRASS PONY EXPRESS PIPELINE INC& UET MIDSTREAM LLC
PAGE 5
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 August 19, 2014.
Dated the 19th of August, 2014.
Digitally signed by Kristine
O/3\ibeinfu iiinotuvu Panslem
Data 2014.08.25 11:27:34-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UET Midstream LLC
USR14-0031
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0031, for an Oil and Gas
Support and Service Facility and Oil and Gas Storage Facility(Crude Oil Tank farm and crude oil truck
unloading facility) in the A (Agricultural) Zone District, 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 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
Individual Sewage Disposal Systems (I.S.D.S.) Regulations. (Department of Planning Services)
4. The hours of operation are 24 hours a day, 365 days a year,as stated by the applicant(s). (Department of
Planning Services)
5. The signage on the site shall be maintained in accordance with the approved Signage Plan. (Department
of Planning Services)
6. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department of
Planning Services)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
8. 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, Section 30-20-100.5, C.R.S as amended. (Department of Public Health and Environment)
9. 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 the approved Waste Handling Plan", at all times. (Department of Public Health and
Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "Dust Abatement Plan", at all times. (Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling
and in a manner that minimizes the release of hazardous air pollutants (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)
14. 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)
RESOLUTION USR14-0031
TALLGRASS PONY EXPRESS PIPELINE INC & UET MIDSTREAM LLC
PAGE 7
15. Portable toilets are acceptable for employees or contractors on site for less than 2 consecutive hours a
day.All other 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 Individual Sewage
Disposal Systems. (Department of Public Health and Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
17. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment(CDPH&E), Water Quality Control Division,as applicable.
(Department of Public Health and Environment)
18. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance
with all applicable rules and regulations. (Department of Public Health and Environment)
19. A current PE certified and signed copy Spill Prevention, Control and Countermeasure Plan shall be
available on site, at all times. (Department of Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
21. 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)
22. 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)
23. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services-Engineer)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services-Engineer)
25. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services-Engineer)
26. Building permit(s) may be required, per Section 29-3-10 of the Weld County Code. A building permit
application must be completed and two complete sets of engineered plans.A Code Analysis prepared by
a design professional, licensed bin the Ste of Colorado shall be submitted with permit application. MSDS
sheets for all materials stored shall be submitted with building permit applications. (Department of
Building Inspection)
27. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County:2012 International Building
Code; 2012 International Mechanical Code; 2012 International Plumbing Code:; 2012 International Fuel
Gas Code;2006 International Energy Code;2011 National Electrical Code; 2009 ANSI 117.1 Accessibility
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
28. RESOLUTION #35 Factory Built Nonresidential Structured CRS 24-32-3305 - Every Factory-Built
Nonresidential Structure manufactured after the effective date of these regulations that is manufactured,
sold, or offered for sale in this state must display an insignia issued by the Division of Housing certifying
that the unit is constructed in compliance with the standards adopted in schedule"B"which is incorporated
RESOLUTION USR14-0031
TALLGRASS PONY EXPRESS PIPELINE INC& UET MIDSTREAM LLC
PAGE 8
herein and made a part of these Rules and Regulations by reference, and all other requirements set forth
by this resolution. (Department of Building Inspection)
29. A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for review and
comments and submitted with Commercial Permit application to Weld County. (Department of Building
Inspection)
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
31. Necessary personnel from the Weld County Departments of Planning Services, Public Works,and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
32. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards,as shown or stated, shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
33. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
34. 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,
RESOLUTION USR14-0031
TALLGRASS PONY EXPRESS PIPELINE INC& UET MIDSTREAM LLC
PAGE 9
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.
17C M 1 IQ uTe5
EXHIBIT
Don Carroll, Public Works, reported on the existing traffic, access and drain,
requirements on site. }•J• r
Heather Barbare, Environmental Health, reviewed the public water and sanitary s. `..
site dust control, and the Waste Handling Plan.
Mr. Gathman noted that the applicant is requesting Development Standard 4 be amended to include
hours of operations on Saturday.
Bob Yost, Chief Technical Officer, Al Organics, 10905 E 153rd Drive, Brighton, Colorado, stated that Al
Organics was established in 1974. USR-930 was put into place in 1991. In 1994 the Class III
Composting Site and D&O (Design and Operation) Plan was implemented. Mr. Yost said that they are
requesting to upgrade to current composting operations and site requirements (Revised EDOP —
Engineered Design and Operations Plan) to allow them to better serve the community. This upgrade
includes food waste which must currently be hauled to the Rattler Ridge Facility.
In response to Commission Johnson's inquiry, Mr. Yost said that the Class III List includes items such as
animal mortalities. He said that they have not accepted mortalities at this site. He added that they do not
intend to take any animal mortalities but if it is requested by clientele they are required to obtain specific
approval through the State of Colorado as well as Weld County prior to accepting that material.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Mr. Yost said that they have been operation since 1974 and have always had operations to some degree
on Saturdays. He added that it was an oversight on their part when submitting the application.
Motion: Amend Development Standard 4 to read "Hours of operation are Monday-Saturday 7:30 AM -
5:00 PM (with overtime if necessary) according to the application materials", Motion by Bruce Johnson,
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.
Motion: Forward Case USR14-0030 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 Jordan Jemiola, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 8).
Yes: Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman, Terry Cross.
CASE NUMBER: USR14-0031
APPLICANT: TALLGRASS PONY EXPRESS PIPELINE INC& UET MIDSTREAM LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A OIL AND GAS SUPPORT AND SERVICE FACILITY AND OIL
AND GAS STORAGE FACILITY (CRUDE OIL TANK FARM AND CRUDE OIL
TRUCK UNLOADING FACILITY) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: THE E2SE4 AND THE S2NE4 OF SECTION 2, T9N, R59W OF THE 6TH P.M.,
WELD COUNTY. COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 119: 0.25 MILES SOUTH OF CR 110.
Chris Gathman, Planning Services, presented Case USR14-0031, reading the recommendation and
comments into the record. Mr. Gathman noted that a letter was received from a mineral interest owner
requesting additional information regarding this case. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
2
Mr. Gathman stated that Condition of Approvals 1 .A and 1 . E have been met by the applicant and be
indicated in the Resolution .
Don Carroll, Public Works. 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 .
John Talle, Director of Operations, 225 Union Boulevard, Lakewood, Colorado. He stated that staff
outlined the application very well. He outlined the operation of the facility on the visual slide. He noted
that there is a proposed pipeline to the facility . He added that this will reduce truck traffic once that
pipeline is constructed and implemented. Mr. Gathman noted that the pipeline is under a separate
proposed USR for Non-1041 Permit to be heard at a future date.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
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 USR14-0031 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 Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8)
Yes: Bruce Johnson , Bruce Sparrow, Jason Maxey, Jordan Jemiola. Joyce Smock, Michael Wailes, Nick
Berryman, Terry Cross.
CASE NUMBER: USR14-0032
APPLICANT: DAVID BASHOR
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER
DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION : N2/SE4 SECTION 17. T1 ON . R61W OF THE 6TH P. M. WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 89; APPROXIMATELY 3 MILES NORTH OF
CR 110.
Commission Smock noted that she knows the applicant but believes that she can make a fair and
impartial judgment. The Planning Commission had no concerns with Ms. Smock remaining on the
Commission for this case.
Chris Gathman , Planning Services, presented Case USR14-0032. 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.
Don Carroll, Public Works, 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 .
Mr. Gathman recommended that Development Standard 3 be removed as it doesn't apply to this case.
Sheri Lockman , 36509 CR 41 , stated that this facility is an unmanned site. The drivers will pull their
trucks in and load water by using a card system. She said that this site is very rural and added that there
are no nearby residences.
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