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Home My WebLink About20121349.tiff • 1 8 6 1 2 0 1 1 LAND USE APPLICATION SUMMARY SHEET WELD • O NTY Planner: Tom Parko Hearing Date: May 30, 2012 Case Number USR12-0005 Applicant: Musket Corporation, c/o Bruce Bowden 10601 Pennsylvania Avenue, Oklahoma City, Oklahoma 73120 Owner: Windsor Renewal I, LLC., c/o Clay Drake 252 Clayton Street, Denver, Colorado 80206 Representative: Michael Brake w/JR Engineering 7200 South Alton Way, C100, Centennial, Colorado 80112 Request: A Site Specific Development Plan and Use by Special Review Permit for Transloading (rail and truck transloading of commodities and materials, including but not limited to those for the oil and gas industries and petroleum products) in the I-1 (Industrial) Zone District. • Legal Description: Lot A of RECX12-0013; being part of the SW % of Section 26, Township 6N, Range 67W of the 6th PM, Weld County, Colorado. Location: East of Howard Smith Avenue and southwest of Litho Plate Drive. Size of Parcel: 10.0 Acres +/- Parcel No. 0807-26-2-00-018 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County Department of Public Works, referral dated April 23, 2012 ➢ Weld County Department of Public Health and Environment, referral dated April 27, 2012 ➢ Weld County Department of Building Inspection, referral dated April 20, 2012 ➢ Town of Windsor, referral dated April 23, 2012 ➢ Department of the Army, referral dated April 2, 2012 ➢ Division of Water Resources, referral dated April 13, 2012 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • ➢ Weld County Zoning Compliance, referral dated March 30, 2012 2012-1349 > Weld County Sheriffs Office, referral dated April 6, 2012 • ➢ Weld County RE-4 School District, referral dated April 10, 2012 > West Greeley Soil Conservation District, referral dated April 4, 2012 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Colorado Parks and Wildlife ➢ Colorado Department of Transportation ➢ City of Greeley ➢ Federal Emergency Management Agency ➢ Colorado Department of Public Health and Environment ➢ Environmental Protection Agency • • • 1 8 6 I - 2 0 I I SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WELD._-CCOUNTY Planner: Tom Parko Hearing Date: May 30, 2012 Case Number: USR12-0005 Applicant: Musket Corporation, do Bruce Bowden 10601 Pennsylvania Avenue, Oklahoma City, Oklahoma 73120 Owner: Windsor Renewal I, LLC., do Clay Drake 252 Clayton Street, Denver, Colorado 80206 Representative: Michael Brake w/JR Engineering 7200 South Alton Way, C100, Centennial, Colorado 80112 Request: A Site Specific Development Plan and Use by Special Review Permit for Transloading (rail and truck transloading of commodities and materials, including but not limited to • those for the oil and gas industries and petroleum products) in the I-1 (Industrial) Zone District. Legal Description: Lot A of RECX12-0013; being part of the SW '/ of Section 26, Township 6N, Range 67W of the 6th PM, Weld County, Colorado. Location: East of Howard Smith Avenue and southwest of Litho Plate Drive. Size of Parcel: 10.0 Acres+/- Parcel No. 0807-26-2-00-018 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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. 23-2-260.E. Supporting Documents. The following supporting documents shall be submitted as part of the application: "Proof that a water supply will be available which is adequate in terms of quantity, quality and dependability (e.g., a well permit or letter from a water district)." The applicant has provided the County with a letter from the City of Greeley, dated May 2, 2012 that states the City is working on an interim water service agreement to provide water to the Musket site. The County has conditioned the permit based on the applicant providing the County with a signed extraterritorial water service agreement. . 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-3- 350. Design Standards. A. Section 23-3-350.1. Water Supply. "Uses located in the Industrial Zone Districts shall have an • adequate source of potable water". The owner has demonstrated that the property will have an adequate source of potable water. The City of Greeley currently serves the area with water, but connection to a water line is pending approval through Greeley. B. Section 23-3-350.J. Sewage Disposal. "Uses located in the Industrial Zone Districts shall have adequate sewage disposal facilities". The owner has demonstrated that the property will have an adequate source of sewer. The Town of Windsor can serve the property with sewer, but connection to the sewer line is pending approval by the Town of Windsor. There is an existing sewer line located within 400 feet of the proposed office. In the event the Town of Windsor is not willing to serve the property at this time the applicant has the right to apply for a septic system permit. C. Section 23-3-350 D. Street Access. "Lots in the Industrial Zone Districts shall have safe access to an approved Public or private Street. The design designation of any street or highway as to type shall be in conformance with that shown on the Thoroughfare Plan and/or the Master Plan of the affected municipality". The owner has demonstrated that the proposed traffic will comply with the Town of Windsor's referral comments concerning traffic as well as the County's concerns with access and haul routes. D. Section 23-2-220.A.1 -The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. E. Sec. 22-2-40. Urban development Goals and Policies. UD.Goal 1. "Concentrate urban development within existing municipalities, an approved Intergovernmental Agreement urban growth area, the Regional Urbanization Areas, County Urban Growth Boundary Areas, Urban Development Nodes or where urban infrastructure is currently • available or reasonably obtainable". The Musket project is located in an area where urban infrastructure is currently available but not necessarily reasonably obtainable. The City of Greeley provides water to the area and the applicant is currently seeking a commitment from the City of Greeley to serve the project with water. The Town of Windsor has sewer mains in the vicinity of the project and the applicant is currently seeking a commitment from the Town of Windsor to serve the project with sewer. The current UGB boundary as depicted in the County's GIS database and referenced via http://propertvinfo.co.weld.co.us/ shows the proposed Musket facility outside Windsor's Urban Growth Boundary. The Town of Windsor has not contacted Weld County to amend the Urban Growth Boundary, which would reflect any changes to utilities such as sewer. UD.Policy 3.1. "In the absence of an Intergovernmental Agreement urban growth area, the County recognizes a County Urban Growth Boundary". Weld County and the Town of Windsor do not have an Intergovernmental Agreement (AKA Coordinated Planning Agreement as referenced in Chapter 19 of the Weld County Code) as of the date the Musket project was received by the County. Weld County has acknowledged Windsor's Urban Growth Boundary as depicted in the County's GIS database and referenced via http://propertvinfo.co.weld.co.us/. The Musket project is outside the Urban Growth Boundary. F. Sec. 22-2-80. Industrial development Goals and Policies. (.Goal 1. "Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably • obtainable". The Musket project is located in an industrial area that is currently located in the unincorporated • limits of the County and is Zoned I-1 Industrial. The project is currently outside the Urban Growth Boundary but located within Windsor's Growth Management Area. The project is also adjacent to existing rail infrastructure and is located near adequate services that are available. '.Goal 6. "Minimize the incompatibilities that occur between industrial uses and surrounding properties". The Musket project is compatible with surrounding properties and uses. The surrounding property is all zoned I-1 Industrial in the County. The Town of Windsor's municipal limits surround the site to the north, east, west and south. Windsor's most recent Land Use Map depicts heavy industrial uses to the east, west, north and south of the Musket project. I.Policy 1.1. "Ensure that adequate industrial levels of services and facilities are currently available or reasonably obtainable to serve the industrial development or district". There is currently water and sewer service available to the area and can be made available to the project site. The applicant has been working with the City of Greeley and the Town of Windsor for water and sewer service, respectively. '.Policy 1.2. "Encourage new industrial development within existing industrial areas". The Musket project is considered to be a new industrial use within an existing industrial area. '.Policy 6.1. "Consider the compatibility with surrounding land uses and natural site features". The County believes that the Musket project is compatible with surrounding land uses and natural • site features. There are several existing and proposed land uses that are industrial and commercial in nature that include: Owens Illinois, Vestas, Hexcel, Army National Guard, Halliburton, Carestream Heath, Front Range Energy and Kodak. (.Goal 7. "Recognize the importance of railroad infrastructure to some industrial uses". The County recognizes that the Musket project relies on rail infrastructure to support its business and the very nature of transloading requires railroad infrastructure. '.Policy 7.1. "Support the continued and expanded use of existing railroad infrastructure for industrial uses". The Musket project is located adjacent to existing rail infrastructure. The project will utilize the rail to transport oil and other commodities. On a separate note, OmniTrax is undergoing a project to extend the existing rail loop and complete an internal track that will support similar industrial uses. G. Section 23-3-300—"The proposed use is consistent with the intent of the Industrial (I-1)Zone District. Section 23-3-310 of the Weld County Code allows for, A Site Specific Development Plan and Special Review Permit for Transloading and Uses Similar to (rail and truck transloading of commodities and materials, including but not limited to those for the oil and gas industries, grains, petroleum products, sand, pipe, and storage related to the same) in the I-1 (Agricultural) Zone District". The Weld County Code supports these uses in the Industrial Zone District. H. Section 23-2-220.A.3 — "The uses which will be permitted will be compatible with the existing • surrounding land uses". The facility is located in a primarily industrial area on a parcel containing several improvements including two (2) large tanks located within an existing containment area; one • (1) utility shed; several pipelines located below grade; and, oil and gas wellheads and tank batteries. Adjacent properties to the north, east, west and south are mainly utilized for Industrial uses. Development Standards and Conditions of Approval will ensure that this use will be compatible with surrounding land uses. I. 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 the 3-mile referral for the Town of Windsor and City of Greeley. The City of Greeley did not respond to the referral for the USR. The Town of Windsor responded with several concerns in a referral dated April 25, 2012. A summary of the concerns include access to Windsor's sewer; traffic impacts to Eastman Park Drive, Crossroads Blvd, SH 257 US 34 and SH 392; and, impacts to the Town's Master Drainage Plan. The Town of Windsor's Planning Commission and Town Board recommend that the County deny the USR and refer the applicants to the Town of Windsor for annexation. The applicant has addressed the concerns dealing with traffic by modifying the haul routes from the site out to SH 257. J. Section 23-2-220.A.5 — "The application complies with Article V of the Weld County Code". The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee and Drainage Impact Fee areas. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to • adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) K. 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 soils designated as "Prime if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The area has transitioned from agricultural uses to industrial uses over time and the area is not conducive for farming or any agricultural use. This total size of the parcel +/- 10 acres and the applicant intends to utilize the property for industrial uses. L. Section 23-2-220.A.7—"There is adequate provisions for the protection of 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. In conjunction with this recommendation for approval, the Planning Commission strongly urges the applicant to meet with the City of Windsor, Carestream, and any other interested parties to address unresolved issues prior to addressing this case before the Board of County Commissioners on May 30, 2012. • The Planning Commission recommends approval with the following Conditions and Development Standards: 1. Prior to recording the plat: Windsor Renewal I,LLC(Musket Transloading Facility) USR12-0005,page 6 A. The applicant shall enter into a Private Improvements Agreement according to policy • regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non-transportation (fencing, screening, drainage et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Work. (Department of Planning Services and Department of Public Works) B. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. (Department of Public Health & Environment) C. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. (Department of Public Health & Environment) D. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. In accordance with Section 3-6-1 of the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112). (Department of Public Health &Environment) E. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. (Department of Public Health & • Environment) F. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health & Environment) G. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) H. The applicant shall address the requirements of the Weld County Department of Public Works as stated in their referral received April 23, 2012. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) • I. The applicant should attempt to address the concerns of the Town of Windsor as stated in their referral received April 25, 2012. (Department of Public Health and Environment) Windsor Renewal I,LLC(Musket Transloading Facility) USR12-0005,page 7 J. The plat for Recorded Exemption No. RECX12-0013 shall be recorded with the Weld County Clerk and Recorder's Office. (Department of Planning Services) • K. The plat for Site Plan Review No. SPR12-0001 shall be recorded with the Weld County Clerk and Recorder's Office. (Department of Planning Services) L. The applicant shall provide an executed water service agreement from the City of Greeley. Written evidence shall be provided to the Department of Planning Services. (Department of Planning Services) M. The applicant shall provide an executed sewer service agreement from the Town of Windsor. In the event that the Town of Windsor fails to provide sewer to the applicant, the applicant may apply for a septic system permit from the Weld County Department of Environmental Health. N. The applicant shall provide an executed access and haul route agreement that depicts the revised haul routes. O. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR12-0005. (Department of Planning Services) 2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3) The attached Development Standards. (Department of Planning Services) 4) Show and label the boundaries of the 100-year floodplain on the plat. Ensure that all parking and storage is outside of these boundaries. (Department of Public Works) • 5) 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 public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 6) The plat shall delineate the location and size of the proposed sign. (Department of Planning Services) 7) The plat shall delineate the location of the lighting to be used on site. (Department of Planning Services) 8) The Department of Planning Services has determined from the application materials that three (3) parking spaces and one (1) ADA parking space will be required on site at time of full build out. Each parking space should be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, sidewalks, or plantings. (Department of Planning Services) 9) The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code. (Department of Planning Services) 2. One month prior to construction activities: • A. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, to cover stormwater discharges from construction sites (5 Windsor Renewal I,LLC(Musket Transloading Facility) USR12-0005,page 8 CCR-1002-61). Alternately, the applicant can provide evidence from CDPH&E that they are not subject to the CDPS requirements. . 3. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 4. Upon completion of 1. and 3. above 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 Department of Planning Services' Staff. 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 sixty (60) 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) 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to dhuerter(p.co.weld.co.us. (Department of Planning Services) • • Windsor Renewal I,LLC(Musket Transloading Facility) USR12-0005,page 9 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS • Windsor Renewal I, LLC USR12-0005 1. A Site Specific Development Plan and Use by Special Review Permit for Transloading (rail and truck transloading of commodities and materials, including but not limited to those for the oil and gas industries and petroleum products) in the I-1 (Industrial) Zone District. (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 operations shall be 24 hours a day, seven days a week. (Department of Planning Services) 4. The number of employees shall be limited to eight (8) during the first phase of the project. (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 & 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 & Environment) • 7. 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. (Department of Public Health & Environment) 8. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health & Environment) 9. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health &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 & Environment) 11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) 12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health &Environment) 13. The facility shall utilize the existing public water supply (City of Greeley). (Department of Public Health & Environment) 14. 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) Windsor Renewal I,LLC(Musket Transloading Facility) USR12-0005,page 10 15. The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. (Department of Public Health and • Environment) 16. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health & Environment) 17. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health & Environment) 18. Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. (Department of Public Health & Environment) 19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code.(Department of Public Health & Environment) 20. 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 21. No parking or staging of vehicles on the county road is allowed. Use on-site parking area. (Department of Public Works) 22. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of construction. The grading permit application must contain: an erosion and sediment control plan, • a grading plan, installation details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE stormwater permit. (Department of Public Works) 23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 24. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 25. Weld County will not maintain on-site drainage related areas or medians. This must be addressed by the property owner. (Department of Public Works) 26. WARNING: LOTS MAY NOT BE ELIGIBLE FOR BUILDING PERMITS DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lots A and B of Recorded Exemption No. RECX12-0013 may not be able to obtain building permits to construct structures. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map #0802660-605D dated September 27, 1991 and updated by the FEMA approved Physical Map Revision dated December 14, 2009, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. (Department of Public Works) 27. Flood hazard development permits will be required for future development activities located within • the FEMA mapped John Law Ditch Floodplain. The FEMA definition of development is any man- made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of Public Works) Windsor Renewal I,LLC(Musket Transloading Facility) USR12-0005,page 11 28. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any • development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Public Works) 29. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 30. 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; and Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 31. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning Services) 32. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services) 33. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-3-350, Weld County Code. (Department of Planning Services) 34. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-3-360, Weld County Code. (Department of Planning Services) • 35. 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. (Department of Planning Services) 36. The 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. (Department of Planning Services) 37. 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. (Department of Planning Services) 38. All 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: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Building Department) 39. 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 Windsor Renewal I,LLC(Musket Transloading Facility) USR12.0005,page 12 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. • Windsor Renewal I,LLC(Musket Transloading Facility) USR12-0005,page 13 • ‘44.. DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 t WEBSITE:www.co.weld.co.us E-MAIL: tparko@co.weld.co.us PH I �� ONE: (970)353-6100, Ext. 3572 r -ojNIY _ FAX: (970)304-6498 April 11, 2012 BRUCE BOWDEN MUSKET CORPORATION 10601 PENNSYLVANIA AVE OKLAHOMA, OK 73120 Subject: USR12-0005 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR TRANSLOADING. (RAIL AND TRUCK TRANSLOADING OF COMMODITIES AND MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE FOR THE OIL AND GAS INDUSTRIES, GRAINS, PETROLEUM PRODUCTS, SAND, PIPE, AND STORAGE RELATED TO THE SAME) IN THE A(AGRICULTURAL)ZONE DISTRICT. On parcel(s)of land described as: LOT A RECX12-0013; BEING PART W2& E2NE4 SECTION 26, T6N, R67W&PT E2NE4 SECTION 27,T6N, R67W& PT NE4 SECTION 34, T6N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicants: • I have scheduled a meeting with the Weld County Planning Commission on May 1, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on May 16, 2012 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully. Digitally signed by Kristine Ranslem Reason:I am the author of this document / n4�J� Location:1555 N 17th Ave //ill/ Date:2012.04.11 10:39:12-06'00' • Tom Parko Planner PLANNING COMMISSION & BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS April 20, 2012. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, TOM PARKO , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR12-0005 IN THE AGRICULTURAL ZONE DISTRICT. Tom Parko Name of Person Posting Sign SD Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD �lr�, The foregoing instrument was subscribed and sworn to me this `It day of , 2012. WITNESS my hand and offici al:`_1. } N to Publi ( t :L SF.:1 , ry .,AL My Commission Expires ehf ;;*1..F,,,,, 10/14/2015 My Commission Expires: i. 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V . .47 I ! ! • !' ! • ,/ i ' 4 .,,,,i �/ �`'_ ,IC` R:€ccCxtcrx _,,,, i FIELD CHECK Inspection Date: April 19, 2012 • Applicant: Windsor Renewal I, LLC Case #: USR12-0005 Request: A Site Specific Development Plan and Use by Special Review Permit for Transloadinq (rail and truck transloadinq of commodities and materials, including but not limited to those for the oil and qas industries and petroleum products) in the I-1 (Industrial) Zone District. Legal: Lot A of RECX12-0013; being part of the SW Y of Section 26, Township 6N, Range 67W of the 6th PM, Weld County, Colorado. Location: East of Howard Smith Avenue and southwest of Litho Plate Drive. Parcel ID #: 0807-26-2-00-018 Acres: 10.0 +/- Zoning Land Use N I-1 Industrial N Industrial / Manufacturing E I-1 Industrial E Industrial / Manufacturing S I-1 Industrial S Industrial / Manufacturing • W I-1 Industrial W Industrial / Manufacturing Comments: PROPERTY APPEARS TO BE INACTIVE WITH NO CURRENT USES. THE SITE IS ENCUMBERED WITH TWO LARGE 20,000BBL TANKS, OIL AND GAS TANK BATTERIES AND WELLS. THE PROPERTY IS NOT SURFACED WITH ASPHALT OR ROCK AND THE ACCESS TO AND FROM THE SITE IS DIRT. THE PROPERTY IS MAINTAINED WITH LITTLE TO NO TRASH. SURROUNDING USES ARE INDUSTRIAL IN NATURE WITH CARESTREAM LOCATED TO THE WEST OMNITRAX LOCATED TO THE SOUTH AND SEVERAL INDUSTRIAL/COMMERCIAL USES TO THE EAST LOCATED IN WINDSOR. THE REMAINING STRUCTURES ASSOCIATED WITH KODAK ARE LOCATED TO THE NORTH AND DEMOLITION IS STILL UNDERWAY. c=-- Signature House(s) Derelict Vehicles Outbuilding(s) o Non-commercial junkyard (list components) Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions ❑ Crops ❑ Site Distance ❑ Wetlands • ❑ Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies o Utilities On-Site (transmission lines) Ditch O Topography From: Derek L. Glosson • To: "Brake. Michael";clay Drake Cc: Tom Parke;ttr1a�otteniohnson.com; KanIan,Michael; Bruce Bowden; Dan Withers Subject: RE: Water Service for Musket Corp. Date: Friday,May 18,2012 6:48:47 AM Thanks Michael. I will forward this alternate plan to the Water Department for their review. Connecting to both transmission lines will be a big help in providing continuous water service, although we still won't be able to guarantee continued water service 100% of the time. If the Water Department finds your alternate plan acceptable at a conceptual level, I'll ask you to provide the same level of detail that you added to the plan you sent me last week, including a detail of the connection to the transmission lines. Derek Derek Glosson, P.E., CFM Engineering Development Manager City of Greeley 1100 10th Street, Suite 402 Phone: 970-350-9798 Fax: 970-336-4170 Derek.Glosson@greeleygov.com • It's free! Subscribe now so you won't miss the next edition of City Scoop, the City's monthly E-newsletter. From: Brake, Michael [mailto:MBrake@JREngineering.com] Sent: Friday, May 18, 2012 4:32 AM To: Derek L. Glosson; Clay Drake Cc: Tom Parko; tjr@ottenjohnson.com; Kaplan, Michael; Bruce Bowden; Dan Withers Subject: RE: Water Service for Musket Corp. Derek, Last week or thereabouts I sent you a drawing clarifying the comments below. I hope you received that drawing. I have learned some new information about the agreement between Kodak and Carestream that may now prohibit our ability to tie into the 20" main that serves the existing water storage tanks used for on site fire fighting. I am meeting with Carestream on Monday of next week and should find out if we are still able to use the plans as submitted to you last. As an alternate to our origjnal plan I have attached a plan that shows us tying directly on to the Greeley transmission line for the temporary service that we would also like for the City to consider. You have indicated that fire flows cannot be guaranteed as the transmission lines periodically have to be taken down for service or for other issues. We would suggest that our line could be tied into both of the transmission lines separated by valves to allow us to move from one transmission main to the other in case of servicing. Our intent for the attached proposed line would include fire hydrant(s) on our site and booster pump designed for maintaining fire flow similar to the original plan. Please let Clay and I know if the attached plan is doable and can be included in the agreement • currently under review. We can also be available to meet and discuss our plans next week. Regards, • JR Engineering Michael Brake, PE, PLS Client Manager 970.217.4911 cell mbrake@jrengineering.com From: Derek L. Glosson [mailto:Derek.Glosson)Greeleygov.com] Sent: Friday, April 27, 2012 7:58 AM To: 'Clay Drake'; Brake, Michael Cc: Tom Parko; tjr(lottenjohnson.com; Kaplan, Michael Subject: RE: Water Service for Musket Corp. Clay, I'm drafting response letter for the Water Department right now, but I can provide you with some initial feedback. I assume that the storage tank you purchased from Kodak will be used to meet your fire flow demands. Please confirm. Can you please provide us with a revised utility plan that clearly shows the following: • Location of the master meter • Location of the storage tank that was purchased from Kodak • • Highlight the Musket Corporation's lease area • Location of the 3/4" meter These requests will be included in the response letter. We'll try to get that letter reviewed internally and sent off to you today. Thanks Derek Derek Glosson, P.E., CFM Engineering Development Manager City of Greeley 1100 10th Street, Suite 402 Phone: 970-350-9798 Fax: 970-336-4170 Derek.Glosson@yreeleygov.com It's free! Subscribe now so you won't miss the next edition of City Scoop, the City's monthly E-newsletter. From: Clay Drake [mailto:cdrake(obroe.com] Sent: Thursday, April 26, 2012 1:03 PM To: Brake, Michael; Derek L. Glosson • Cc: Tom Parko; tjr( ottenjohnson.com; Kaplan, Michael Subject: RE: Water Service for Musket Corp. Derek, Can you give me a status update on the water service for Musket? Or point me in the right direction. Clay Drake (970)686-8831 office (970) 222-0928 cell From: Clay Drake Sent: Monday, April 23, 2012 8:48 AM To: 'Brake, Michael'; Derek L. Glosson Cc: Tom Parko; tjrCd�ottenjohnson.com; Kaplan, Michael Subject: RE: Water Service for Musket Corp. Derek, If by 20" line you mean the "goal post"connection off of Greeley transmission lines,then Kodak owns those and has responsibility for maintenance. We have access through a lease agreement. Clay Drake (970)686-8831 office (970) 222-0928 cell From: Brake, Michael [mailto:MBrakeCUREngineering.com] • Sent: Monday,April 23, 2012 7:03 AM To: Derek L. Glosson; Clay Drake Cc: Tom Parko; tjrCaottertjohnson,com; Kaplan, Michael Subject: RE: Water Service for Musket Corp. Derek, In response to your questions: 1. Windsor Renewal I in agreement with Kodak has access to the line to supply the storage tank they purchased with the property. As for true ownership and responsibility for maintenance that will either be Kodak or Windsor Renewal, Clay can address that better. 2. The master meter for Kodak is installed at the two fire storage tanks down the line from our connection. 3. We would need to install a meter at our connection if this is what the City of Greeley prefers. Regards, JR Engineering Michael Brake, PE, PLS Client Manager 970.217.4911 cell mbrake@jrengineering,com From: Derek L. Glosson [mailto:Derek.GlossonPGreeleygov,com] . Sent: Friday,April 20, 2012 5:05 PM To: 'Clay Drake' Cc: Brake, Michael; Tom Parko; tjr@ottenjohnson.com; Kaplan, Michael • Subject: RE: Water Service for Musket Corp. Clay, I forwarded your request to the Water Department and we're planning to meet with Jon Monson as soon as possible next week. A couple of questions have been raised with our preliminary review of the utility plan: • Can you please remind me who owns the private 20" potable transmission line? • There aren't any meters shown on the utility plan. Where's the Kodak master meter in relation to the proposed point of connection? • How will the flows to the trans-load facility be metered? I'll let you know as soon as I have some information from the Water Department. Again, I apologize for not forwarding your letter to them sooner. Thanks Derek Derek Glosson, P.E., CFM Engineering Development Manager City of Greeley • 1100 10th Street, Suite 402 Phone: 970-350-9798 Fax: 970-336-4170 Derek.Glosson@greeleygov.com It's free! Subscribe now so you won't miss the next edition of City Scoop, the City's monthly E-newsletter. From: Clay Drake [mailto:cdrake(d broe.com] Sent: Friday, April 13, 2012 1:36 PM To: Derek L. Glosson Cc: Brake, Michael; Tom Parko; tjrCalottenjohnson.com; Kaplan, Michael Subject: Water Service for Musket Corp. Derek, Attached is a letter requesting Greeley provide water service to Musket Corp on an interim basis. Also the exhibit showing the service to the site. Feel free to contact me with questions. Clay Drake (970) 686-8831 office (970) 222-0928 cell From: Clay Drake • Sent: Friday, April 13, 2012 8:08 AM To: 'Brake, Michael' Subject: FW: Message from KMBT_C220 • Take a look at the letter and let me know if you have changes. I will planning on sending it today. Clay Drake (970) 686-8831 office (970) 222-0928 cell From: scannersftmnitrax.com [mailto:scanners(adomnitrax.com] Sent: Friday, April 13, 2012 1:55 AM To: Clay Drake Subject: Message from KMBT_C220 S • From: Clay Drake To: Torn Parko Cc: Brake,Michael;bruce.bowden�aimusketcorp.com Subject: Kodak Truck Route Date: Monday,May 07,2012 7:34:38 PM Attachments: 029-Easement Agreement for Reciprocal Access.odf Tom, Attached is the recently filed easement addressing access between Kodak and WRI, the last exhibit shows the Kodak truck route. I will need to amend my lease with Musket to change their access but anticipate no issues with those changes in order to accommodate ingress and egress to the site from State Highway 257. Clay Drake Director of Business Development GREAT WESTERN DEVELOPMENT COMPANY (970)686-8831 office (970) 222-0928 cell cdrakePbroe.com www.greatwesternindustrialpark.com • • From: Clay Drake To: Torn Parko Cc: Brake. Michael;pruce.howdenvmusketcoro.com Subject: Master Drainage Channel Date: Monday,May 07,2012 7:46:27 PM After reviewing the town of Windsor's comments to the USR for Musket Corp. it is our belief the lease site will have no impact on the potential alignment of the Master Drainage Channel, in terms of effects to the flood plain or physical location. I have set a meeting with Windsor's engineering staff and Great Western Railway to discuss their (Windsor's)comments to the USR. Clay Drake Director of Business Development GREAT wEsTERN iwni.)PMEN'T cuMI'AN' (970) 686-8831 office (970)222-0928 cell cdrakePbroe.conl www.greatwesternindustrialpark.com • • Tom Parko From: Brake, Michael [MBrake@JREngineering.com] ent: Wednesday, May 02, 2012 4:42 PM o: Tom Parko; Clay Drake; bruce.bowden@musketcorp.com Subject: RE: File No. USR12-0005 Tom, Awesome letter. Some of their statements to the application are true since we initially showed connections to the internal infrastructure discussed in the letter and relative to the internal cross agreements between all property owners. As our discussions have progressed we have made changes to the plan and we believe we are not in violation of the internal agreements and therefore our project warrants approval assuming water and sanitary sewer services will be provided by the proper entities. I talked to Clay today who incidated Carestream had a meeting with Great Western yesterday to discuss their concerns. Great Western will continue their discussions with Carestream and we intend to share state compliance items with Carestream such as, SPCC approved plans, approved air quality permit and storm water discharge compliance as applicable. Thanks for passing this to us Tom. Regards, JR Engineering Michael Brake, PE, PLS Client Manager 970.217.4911 cell ifbrake(a�irengineerinq.com From: Tom Parko [mailto:tvarkoCalco.weld.co.us] Sent: Wednesday, May 02, 2012 4:15 PM To: Clay Drake; bruce.bowden@musketcorp.com'; Brake, Michael Subject: FW: File No. USR12-0005 FYI. Tom Parko, M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-353-6100, ext 3572 Mobile:970-302-5333 Cr'.t$,j •si 4, Y.. confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for e person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return 1 e-flail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. rom: Blaik, Joan [mailto:JBLAIK@shermanhoward.com] nt: Wednesday, May 02, 2012 3:36 PM To: Tom Parko Cc: 'Alex Yeros'; 'bruce.bowden@musketcorp.com'; Stovall, Cynthia M. Subject: File No. USR12-0005 Dear Mr. Parko, I am a colleague of Cyndi Stovall at Sherman & Howard. We represent Carestream Health, Inc., which owns property adjoining the proposed Windsor Transloading Facility described in the above referenced case. Attached is a letter on behalf of Carestream Health regarding the proposed Facility. Please let Cyndi or me know if you need further information from us. Joan Blaik,Esq. Sherman&Howard,L.L.C. 633 Seventeenth Street,Suite 3000 Denver,Colorado 80202 Telephone: (303)299 8073 Fax: (303)298 0940 CONFIDENTIALITY NOTICE This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient,any disclosure,copying,distribution,or action ken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this ansmission in error,please call me collect at 303-299-8073 to let me know and delete the message. Thank you. This e-mail and any attached documents may contain provisions concerning a federal tax issue or issues. This e-mail and any attached documents are not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on any taxpayer by the Internal Revenue Service. For information about this statement, contact Sherman & Howard L.L.C. or visit our website at htto://www.shermanhoward.com/PrivacvPolicy/Circular230/. • 2 From: Tom Parko To: "Rice-Idler.Gloria" Subject: USR12-0005 Date: Thursday,April 19,2012 1:59:00 PM Attachments: 11-190 Updated Traffic Impact Studv.pdf USR Sianed Application0001.odf USR Ouestionnare Response Letter.doc USR Mao.pdf Gloria- Do you have any comments on this case? It is associated with Musket Corporation. Attached is the revised traffic study I received yesterday. Tom Parko, M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 pita II r _ b • • - r Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • From: Elizabeth Relford • To: Tom Parko;David Bauer;Janet CarteC;Heidi Hansen; Donald Carroll Subject: RE: Windsor Crude Oil Terminal-Updated TIS Date: Monday,April 23,2012 11:49:24 AM Attachments: SPRIT-0001 Additional Comment5.doCd( Tom, After reviewing the updated study, it appears they tried to appease Windsor by adding turn lanes to Eastman Park Drive??? However, the County's comment to alter the truck route altogether was completely ignored. We told them they would need to revise the truck route from Litho Plate Drive to Kodak Road, which has direct access to SH 257...avoiding Eastman Park Drive completely. On the attached memo, I have commented on the updated traffic study and bolded the section we are referring to in our original comments. Since you are recommending denial at this point, it is probably moot but you could add we would not recommend approval of the traffic study until re-routing of the truck route is resolved by both the County and Windsor. Thanks, Elizabeth Elizabeth Re/lord Ti ansportailan Planner Weld County Public Wnr lts 1111 Il Ctr'e'e•t PO BOY 75,4 Greekrv, C0 h'Oo,i7-075E Email:creltord a)cu,weldco.us Other': 1970)30 I 049n Est. 37-Iii Vobile" (970) b7;-1)111h Web:littn://www.co,weld.co,u.s t.rst,.,.�S t�..`M r Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • A • From: Tom Parko • Sent: Wednesday, April 18, 2012 2:18 PM To: David Bauer; Elizabeth Relford; Janet Carter; Heidi Hansen; Donald Carroll Subject: FW: Windsor Crude Oil Terminal - Updated TIS Your comments and review on this will be appreciated. The Musket case is scheduled for the May 1st Planning Commission. Thanks. Tom Parko, M.A. Planning Manager Weld County Dept.of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 1 T` r — ! 1 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information • that is privileged,confidential or otherwise protected from disclosure. If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Brake, Michael [mailto;MBrakeCaJREngineering.com] Sent: Wednesday, April 18, 2012 10:03 AM To: Tom Parko; sballstadt( windsorgov.com Cc: Bruce Bowden; Clay Drake Subject: Windsor Crude Oil Terminal - Updated TIS Tom and Scott, Attached is an updated TIS per Windsor comments. Regards, JR Engineering Michael Brake, PE, PLS Client Manager 7200 So. Alton Way, C100 Centennial, CO 80112 303-267-6177 direct 970.217.4911 cell • mbrake©jrengineering.com • From: Clav Dr.ikc To: Brake. Michael;Derek 1.Glossort Cc: Tom Panto;triup�teniohnson.com; Kaplan,Michael Subject: RE:Water Service for Musket Corp. Date: Monday,April 23,2012 8:48:15 AM Derek, If by 20" line you mean the "goal post"connection off of Greeley transmission lines,then Kodak owns those and has responsibility for maintenance. We have access through a lease agreement. Clay Drake (970)686-8831 office (970) 222-0928 cell From: Brake, Michael [mailto:MBrake@JREngineering.com] Sent: Monday,April 23, 2012 7:03 AM To: Derek L. Glosson; Clay Drake Cc: Tom Parko; tjr@ottenjohnson.com; Kaplan, Michael Subject: RE: Water Service for Musket Corp. Derek, In response to your questions: 1. Windsor Renewal I in agreement with Kodak has access to the line to supply the storage tank • they purchased with the property. As for true ownership and responsibility for maintenance that will either be Kodak or Windsor Renewal, Clay can address that better. 2. The master meter for Kodak is installed at the two fire storage tanks down the line from our connection. 3. We would need to install a meter at our connection if this is what the City of Greeley prefers. Regards, JR Engineering Michael Brake, PE, PLS Client Manager 970.217.4911 cell mbrake(Mrengineering.conl From: Derek L. Glosson [mailto:Derek.Glosson@Greeleygov.com] Sent: Friday,April 20, 2012 5:05 PM To: 'Clay Drake' Cc: Brake, Michael; Tom Parko; tjr@ottenjohnson.com; Kaplan, Michael Subject: RE: Water Service for Musket Corp. Clay, I forwarded your request to the Water Department and we're planning to meet with Jon Monson as soon as possible next week. A couple of questions have been raised with our preliminary review of the utility plan: • • Can you please remind me who owns the private 20" potable transmission line? • There aren't any meters shown on the utility plan. Where's the Kodak • master meter in relation to the proposed point of connection? • How will the flows to the trans-load facility be metered? I'll let you know as soon as I have some information from the Water Department. Again, I apologize for not forwarding your letter to them sooner. Thanks Derek Derek Glosson, P.E., CFM Engineering Development Manager City of Greeley 1100 10th Street, Suite 402 Phone: 970-350-9798 Fax: 970-336-4170 Derek.Glosson@greeleygov.com It's free! Subscribe now so you won't miss the next edition of City Scoop, the City's monthly E-newsletter. From: Clay Drake [mailto:cdrake@broe.com] Sent: Friday, April 13, 2012 1:36 PM • To: Derek L. Glosson Cc: Brake, Michael; Tom Parko; tjr@ottenjohnson.com; Kaplan, Michael Subject: Water Service for Musket Corp. Derek, Attached is a letter requesting Greeley provide water service to Musket Corp on an interim basis. Also the exhibit showing the service to the site. Feel free to contact me with questions. Clay Drake (970)686-8831 office (970)222-0928 cell From: Clay Drake Sent: Friday,April 13, 2012 8:08 AM To: 'Brake, Michael' Subject: FW: Message from KMBT_C220 Take a look at the letter and let me know if you have changes. I will planning on sending it today. Clay Drake (970)686-8831 office (970) 222-0928 cell • From: ccannerslcuomnitrax.com [mailto:scannersCaomnitrax.com] Sent: Friday, April 13, 2012 1:55 AM To: Clay Drake r - Subject: Message from KMBT_C220 • • • Pled vick /lbib- • April 19, 2012 JR ENGINEERING Trevor Jiricek, Planning Director WELD COUNTY PLANNING ANDBUILDING DEPARTMENT 1555 North 17th Avenue Greeley, CO 80631 970.353.6100 Re: USR 12-0005 Request for Authorization to Obtain Building and Development Permits prior to BOCC Hearing. Dear Mr. Jiricek: On behalf of the Musket Corporation (USR12-0005 applicant and Lessee) and Windsor Renewal (Owner of the property and Lessor) we would like to make a request for authorization to obtain required development and building permits to start construction of the project as identified in the Use By Special Review 12-0005 currently under review. Our Planning Commission hearing and BOCC hearing are May I, 2012 and May 16, 2012 respectively. As you may understand a business of this nature has a limited market to capture therefore time is of the essence to have a crude oil terminal operation up and running before competition from similar businesses • can be establish. Based on the limited review comments received to date we believe satisfactory solutions can be achieved to manage the lack of approved water and sanitary sewer services for the project warranting the support authorization to construct from the Planning Department. The Lessee and Lessor have had discussions with the City of Greeley for water service and the Town of Windsor for sanitary sewer service. If satisfactory solutions cannot be completed the Lessee has the ability to utilize existing office space within a reasonable distance from the project site. The Lessee currently has a 5 year lease time frame on the property and therefore prior to a possible extension of this lease a permanent water and sanitary solution would be in place. If you should have any questions please contact either myself at 970.217.4911 or at mbrake(u?ireneineering.com or contact Clay Drake at 970.686.8831 or at cdrake(a),broe.com. Thank you for your attention to the matter. Regards, �� 4/2,342-4/2,342- i✓t * lDt&.0-1A"3 us1 WY- n.. e �pC� . G WWI Ctrl paw, i A/ c_ avi cuff' yitviA Michael Brake, PE, PLS %illy/U/144 �JI' 1 K Client Manager on behalf of JR Engineering • 7200 South Alton Way,Suite CI00,Centennial,CO 80112 303-740-9391•Fax_303-721-9019•www_jrengineenng.00m • From: Brake, Michael To: Tom ParkQ Cc: Bruce Bowden Subject: RE:Windsor renewal-SPR12-0001 DWR comments Date: Thursday,March 15,2012 7:08:10 AM Tom, Thanks for the comments. There does appear to be some conversation between Broe and Windsor. I am hearing from Broe that Windsor is intending to hold the site hostage to annexation in exchange for a sanitary sewer service. I have talked to City of Greeley planning about a hearing and they indicated none is planned. They did not indicate any issues at that time. We are looking at options for the water and sewer services. I will be contacting Greeley to get a will serve letter now that I understand what water lines Broe has access to. This should not be a problem since apparently Broe is due water service in exchange for the easements that were shown in the documents submitted with the application. As for the sewer service will the County consider other options that meet state code? I am not sure allowing Windsor to hold the project hostage is fair to Musket. Please let me know your thoughts on this. Regards, JR Engineering Michael Brake, PE, PLS Principal • 970.217.4911 cell mbrake(cr�jrengineering.com From: Tom Parko [mailto:tparko@co.weld.co.us] Sent: Wednesday, March 14, 2012 1:37 PM To: Brake, Michael Subject: FW: Windsor renewal - SPR12-0001 DWR comments FYI. See attached referral. How are we coming along with the will-serve letter/agreements for water and sewer. Just as a heads up. both the City of Greeley and the Town of Windsor will be submitted referral responses within the next week or two and it doesn't sounds like the owner has been taking with either municipality and there could be sonic issues, e.g. water connections and sewer connections. Tom Parka,M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile: 970-302-5333 • • Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kosloff, Tracy [mailto:Tracy.Kosloff@state.co.us] Sent: Wednesday, March 14, 2012 1:24 PM To: Tom Parko Subject: Windsor renewal - SPR12-0001 DWR comments Thank you. Macy Kosloff Colorado Division of Water Resources • 303-866-3581 ext 8211 tracy.kosloffAstate.co.us • • From: Scott Ballstadt To: Tom Parko Subject: RE:PC Meeting Date: Thursday,March 22,2012 7:56:42 AM Still more questions than answers, but at least Mike did show up and answered those questions that he could. I'll send you the PCs formal recommendation later today, but it will reflect the staff recommendation that you received last week. Once the minutes are done I will send you those as well, as Tom Livingston also showed up and spoke about concerns regarding traffic on the 90- degree curves east of Vestas. He indicated that he watched the traffic related to the Musket project construction last weekend and it has heightened his concerns over traffic impacts from the industrial uses in the area in general. Let me know if you have any questions or need anything else in the meantime. Scott Scott Ballstadt, AICP Chief Planner Planning Town of Windsor From: Tom Parko [mailto:tparko@co.weld.co.us] Sent: Thursday, March 22, 2012 7:20 AM To: Scott Ballstadt Subject: PC Meeting • How did it go last night? Tom Parka, M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile: 970-302-5333 i$hi �r ri Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the • contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. . From: Brake. Michael To: Tom Parko Subject: RE:City of Greeley review comments for RECX12-0013(WCR7:12) Date: Thursday,March 29,2012 8:47:36 AM I understand we are stretching it until Broe gets their act together on the site, Hopefully we can get all of them talking. Regards, JR Engineering Michael Brake, PE, PLS Principal 970.217.4911 cell mbrakeelrengineering.com From: Tom Parko [mailto:tparko@co.weld.co.us] Sent: Thursday, March 29, 2012 8:44 AM To: Brake, Michael Subject: RE: City of Greeley review comments for RECX12-0013 (WCR7:12) I do understand the sewer issue, but it still needs to be addressed somehow. I don't think we have ever allowed a permanent business with full time employees on the site to use port-a- potties. The purpose of the meeting is to get everyone around the table to address the issues and find creative ways to move forward. • Tom Parko, M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 71 ' --- s rr Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • From: Brake, Michael [mailto:MBrake@JREngineering.com] Sent: Thursday, March 29, 2012 7:49 AM To: Tom Parko • Subject: RE: City of Greeley review comments for RECX12-0013 (WCR7:12) I will pass this on and see how they are going to respond. I think you understand the sewer issue. Regards, JR Engineering Michael Brake, PE, PLS Principal 970.217.4911 cell mbrake@irengineering.com From: Tom Parko [mailto:tparkoCaro.weld.co.us] Sent: Thursday, March 29, 2012 7:18 AM To: Brake, Michael Subject: FW: City of Greeley review comments for RECX12-0013 (WCR7:12) FYI. I think the City of Greeley's recommendation to hold a meeting would be beneficial. This issue with water and sewer is going to have to be resolved at some point. Some of the concerns the County will have with the Recorded Exemption is that the exemption doesn't necessarily comply with the following standards as highlighted in Section 24-8-40. 24-8-40.A. The water supply for all proposed lots is adequate in terms of quality, quantity and dependability. 24-8-40.B. An adequate sewer service is available to serve the uses permitted on all proposed • lots. The sewer service shall comply with the requirements of the applicable zone district and the Department of Public Health and Environment. 24-8-40.G. The proposal has taken into consideration master plans of affected municipalities. Can you get with Broe and see what times would work next week to meet? I can coordinate with Greeley and Windsor. Torn Parko, M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile: 970-302-5333 Ixto 1 I r f Confidentiality Notice:This electronic transmission and any attached documents or other writings • are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the • communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Troy Spraker[mailto:Troy.SprakerCaiGreeleygov.com] Sent: Wednesday, March 28, 2012 4:44 PM To: Tom Parko Cc: Brandon Gossard; Derek L. Glosson; Doris Biehl Subject: City of Greeley review comments for RECX12-0013 (WCR7:12) Hello Tom, Attached are review comments for the RECX12-0013(WCR 7:12). Hard copies of the review comments will be sent out in tomorrow's mail which you should receive in the next couple of days. Please let me know if you have any questions, Troy Spraker P.E. Engineering Development Review City of Greeley 1100 10th Street, Suite 402 Phone: (970) 336-4145 Fax: (970) 336-4170 Troy.Spraker@greeleygov.com • • From: Brake, Michael To: aurcn i ight Cc: Torn Perko; Clay Drake' Bruce Bowden Subject: 5PR12-0001 Windsor Crude Oil Terminal Date: Thursday,March 15,2012 2:31:45 PM Lauren, Tom Parko has sent me your way with a question. JR is working with Musket to design and construct a crude oil terminal in the old Kodak plant site that Broe recently acquired. We intend to put a temporary construction office trailer that will be used during construction and continue to be used for office space for the 3-5 workers operating the terminal site. County staff has requested that we install water and sanitary sewer service to the trailer since it will be there longer than 6 months. We need to provide a will serve letter from City of Greeley for Water and from the Town of Windsor for sanitary sewer. It appears that Windsor may deny a sewer service because they want Broe to annex this property into Windsor. Those discussions are beyond our project with Musket but they could hold us up on approvals. We would like to install a system that will be a holding tank that can be pumped on a regular basis as an alternative to gaining access to Windsor's sewer system. Can this option be considered with our project? I would like to discuss this with you when you have a chance. Regards, JR Engineering • Michael Brake, PE, PLS Principal 7200 So. Alton Way, C100 Centennial, CO 80112 303-267-6177 direct 970.217.4911 cell mbrake©jrengineering.corn • t861 /V< DEPARTMENT OF PLANNING SERVICES • 1555 N 17th AVE �� GREELEY, CO 80631 1..� k WEBSITE: www.co.weld.co.us t r+ NS— I E-MAIL: tparko@co.weld.co.us 11J -- 1 i PHONE: (970) 353-6100, Ext. 3572 0 U Ni Y FAX: (970)304-6498 March 30, 2012 BRUCE BOWDEN MUSKET CORPORATION 10601 PENNSYLVANIA AVENUE OKLAHOMA, OK 73120 Subject: USR12-0005 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR TRANSLOADING, (RAIL AND TRUCK TRANSLOADING OF COMMODITIES AND MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE FOR THE OIL AND GAS INDUSTRIES, GRAINS, PETROLEUM PRODUCTS, SAND, PIPE, AND STORAGE RELATED TO THE SAME) IN THE A(AGRICULTURAL)ZONE DISTRICT. On parcel(s)of land described as: W2 & E2NE4 SECTION 26, T6N, R67W & PT E2NE4 SECTION 27, T6N, R67W & PT NE4 SECTION 34, T6N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this • time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Windsor at Phone Number 970-674-2400 Greeley at Phone Number 970-350-9741 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, OtopDigitally signed by Kristine Ranslem Reason:I am the author of this document y//, Location:1555 N 17th Ave Date:2012.03.3009:16:26-06'00' Tom Parko Planner S Hello