HomeMy WebLinkAbout20131918.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0023, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (PROPANE STORAGE) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT
OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT - WHITE BEAR MANAGEMENT, LLC, CIO POLAR GAS FRONT RANGE,
LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 31st day
of July, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of White Bear Management, LLC, P.O. Box 1183, Brighton, CO 80601,
c/o Polar Gas Front Range, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR13-0023, for any use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (propane storage) provided
that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot C of Recorded Exemption, RE -4081; being part
of the SW1/4 of Section 21, Township 8 North,
Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Nathan
Reed, P.O. Box 1183, Brighton, Colorado 80601, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
efi
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SPECIAL REVIEW PERMIT (USR13-0023) - WHITE BEAR MANAGEMENT, LLC, C/O POLAR
GAS FRONT RANGE, LLC
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A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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."
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20.1.5 (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. Encourage applicants to communicate with
those affected by the proposed land use change through the
referral process." The propane storage facility site will be located
approximately 500 feet from two (2) single family residences to the
north and southwest. Attached Conditions of Approval and
Development Standards will ensure compatibility with the
surrounding area.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County
Code allows for any Use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts,
(propane storage), provided that the property is not a lot in an approved
or recorded subdivision plat or part of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A (Agricultural) Zone
District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed tank
storage site is located approximately 500 feet from two (2) single family
residences to the north and southwest, and is approximately 1/2 mile from
the Town of Briggsdale. Another residence is located approximately
1,000 feet to the north of the proposed facility. A retail liquor store
(approved under USR12-0076) and a welding and fabrication shop
(approved under USR-1506) are located approximately 1,000 feet to the
south and southwest of the site. One letter of objection has been received
from surrounding property owners in regards to this case. The attached
Conditions of Approval and Development Standards will ensure
compatibility with existing surrounding land uses. A Screening Plan is
required to address screening from nearby/adjacent residences.
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GAS FRONT RANGE, LLC
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D. Section 23-2-230.B.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-mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot
will be required to adhere to the fee structure of the County -Wide Road
Impact Fee Program, County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed USR site is designated as "Prime If
Irrigated" and "Other" according to the Prime and Important Farmlands
Map of Weld and Larimer Counties. The propane tank storage facility
improvements will be located on the south half of the parcel.
G. Section 23-2-230.B.7 — 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 ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of White Bear Management, LLC, do Polar Gas
Front Range, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0023, for any use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (Polar Gas Propane Storage) provided
that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. The applicant shall provide the Environmental Health Services Division of
the Weld County Department of Public Health and Environment evidence
of an application submitted to the Colorado Department of Labor and
Employment Division (CDLE), Oil and Public Safety Section in
accordance with the Liquefied Petroleum Gas (LPG) rule 7 ccr 1101-15.
Alternately, the applicant can provide evidence from the CDLE, Oil and
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SPECIAL REVIEW PERMIT (USR13-0023) - WHITE BEAR MANAGEMENT, LLC, CIO POLAR
GAS FRONT RANGE, LLC
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Public Safety Section, that they are not subject to these requirements.
(Condition met 7/16/13)
B. The applicant shall submit a Screening Plan to the Department of
Planning Services, for review and approval. The Screening Plan shall
address screening of the facility from the adjacent residences to the north
and west.
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0023.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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.
5) County Road (CR) 77 is designated on the Weld County Road
Classification Plan as an Arterial road, which requires 140 feet of
right-of-way at full buildout. There is presently 100 feet of
right-of-way. A total of 70 feet from the centerline of CR 77 shall
be indicated on the plat as "Edge of Future Right -of -Way." 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.
If the right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County.
6) The plat shall delineate the approved Screening Plan.
7) Show the approved accesses on the plat and label with the
approved access permit numbers (will be provided).
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. 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 and additional requirements shall be submitted within one hundred
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SPECIAL REVIEW PERMIT (USR13-0023) - WHITE BEAR MANAGEMENT, LLC, CIO POLAR
GAS FRONT RANGE, LLC
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twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
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.
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.
5. Prior to Operation:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
B. An emergency operations plan that focuses on the safety of the facility
shall be filed with the Weld County Office of Emergency Management in
coordination with the Briggsdale Fire District. The plan shall detail
driver's safety procedures and training. Prior to access, all driver's shall
have a daylight and nighttime orientation to the facility.
6. 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.
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SPECIAL REVIEW PERMIT (USR13-0023) - WHITE BEAR MANAGEMENT, LLC, CIO POLAR
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The above and foregoing Resolution
by the following vote on the 31st day of July,
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cler
APP
the Board
ounty Attorney
can P. Conway
Date of signaturAUG
e: 2 0 2013
was, on motion duly made and seconded, adopted
A.D., 2013.
BOARD OFC,OUNTY COMMISSIONERS
WELD C OLORADO
William F. Garcia, Chair
( cACN-
ouglas2adema er, Pro-Tem
'ke Freeman
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC
USR13-0023
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0023, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (propane storage) provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation shall be 24 hours a day, seven (7) days a week, as stated in the
application.
4. 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.
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, Section 30-20-100.5, C.R.S.
6. 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.
7. 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.
8. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. As employees or contractors are on site for less
than two (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.
9. 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).
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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11. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
12. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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.
13. The historical flow patterns and runoff amounts will be maintained on the site.
14. There shall be no parking or staging of vehicles on county roads. On -site parking shall
be utilized.
15. Weld County is not responsible for the maintenance of onsite drainage related features.
16. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
17. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
18. Building Permits issued on the lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
21. 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.
DEVELOPMENT STANDARDS (USR13-0023) - WHITE BEAR MANGEMENT, LLC, C/O
POLAR GAS FRONT RANGE, LLC
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22. 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.
23. 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.
24. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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