HomeMy WebLinkAbout20102417.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1746
APPLICANT: White Bear Management, LLC dba Polar Gas Front Range
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any
use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts (propane gas storage and
service yard), provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivision in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-828; Part SW4 of Section 9, T2N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 22; east of and adjacent to CR 29 Section Line
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and all other applicable
code provisions or ordinance in effect. Section 22-2-20 A.Policy 7.1. County land use regulations
should support commercial and industrial uses that are directly related to, or dependent upon,
agriculture, to locate within the agricultural areas, when the impact to surrounding properties is
• minimal, or can be mitigated, and where adequate services are currently available or reasonably
obtainable. Two, Section 22-2-20 A.Policy 7.2. 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.
Three, Section 22-2-20 A.Policy 2.2. Allow commercial and industrial uses, which are directly
related to or dependent upon agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate services and infrastructure
are currently available or reasonably obtainable.These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of agricultural land from production.
Four, Section 22-2-80 F(.Goal 6. Minimize the incompatibilities that occur between industrial uses
and surrounding properties; and Five, Section 22-2-80 F I.Policy 6.2. Support the use of visual
and sound barrier landscaping to screen open storage areas from residential uses or public
roads. The applicant is proposing a six unit propane storage tank facility which will provide
service to many agricultural, residential and commercial clients in Weld County. The applicant
has indicated that the 4.5 acre parcel will not take any lands out of agricultural production as the
parcel is encumbered by a single family residence and one metal skinned building for personal
storage. The applicant further states that new opaque fencing will be installed to screen the
facility from adjacent property and public rights-of-way, and as a Condition of Approval the
applicant will be required to provide a Screening, Lighting and Property Maintenance Plan for
review and approval prior to operation. This proposal has been reviewed by the appropriate
referral agencies and it has been determined that the attached 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.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)Zone
District. Section 23-3-40 R.Any use permitted as a Use by Right,an Accessory Use,or a Use by
Special Review in the Commercial or industrial zone districts, provided that the property is not a
• Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to t
adoption of any regulations controlling subdivisions, PUD development proposals shall not be m
permitted to use the special review permit process to develop (Propane Storage and Service
2010-2417
awl
Resolution USR-1746
White Bear Management, LLC dba Polar Gas Front Range
Page 2
• Yard), also Section 23-3-40 A. for a Mineral Resource Development Facilities including, Oil and
Gas Storage Facilities, as a Use by Special Review in the A(Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property is primarily agricultural with oil and gas
encumbrances, several residential structures and oil and gas support and service facilities
approximately two(2) miles to the east of the proposed facility(3rdAmUSR-1002—Cannon Land
dba Encana Midstream;AmUSR 1353 and AmUSR-211 for Kerr McGee Gathering, LLC). There
are eight properties within five hundred feet of the proposed facility. Staff has received two letters
from an adjacent property owner and several telephone calls from interested parties. Staff is
requiring a Screening Plan for all elements of outside storage from public rights-of-way and
adjacent properties as required in Section 23-3-250.A.9, and the applicant has indicated an eight
(8)foot opaque fence will be installed to mitigate this concern. The applicant has also indicated
that on-site operations will be Monday— Friday during daylight hours only. The Development
Standards and Conditions of Approval will ensure compatibility with adjacent properties.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The
subject property is within the three mile referral area of the Town of Platteville and the City of Fort
Lupton. The Town of Platteville in their referral dated June 16, 2010 indicated no conflict with
their interests, and the City of Fort Lupton did not respond to the referral request.
E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
• adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The site is an urbanized four
acre recorded exemption parcel and is not conducive to agricultural production.
G. Section 23-2-220.A.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
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Platteville-Gilcrest Fire Protection
District, as stated in the referral response dated July 9, 2010. Written evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall address the requirements of the Department of Public Works, as stated in
•
the referral response dated June 25, 2010. Written evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
Resolution USR-1746
White Bear Management, LLC dba Polar Gas Front Range
Page 3
• C. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard items located on the property are screened from all adjacent
properties and public rights of way,or have been removed from the property. (Department of
Planning Services)
D. The applicant shall submit to the Department of Planning Services with a Lighting Plan for
review and approval. (Department of Planning Services)
E. The applicant shall submit to the Department of Planning Services with a Screening Plan for
review and approval. (Department of Planning Services)
F. The applicant shall submit an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all transportation and non-
transportation improvements as required. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the Use by Special Review plat, or, the applicant may submit evidence that all the
work has been completed and approved by the Department of Planning Services and the
Department of Public Works. (Department of Planning Services)
G. 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)
H. The applicant shall attempt to reach an agreement with the oil and gas companies
concerning access. (Department of Public Works)
The plat shall be amended to delineate the following:
• 1. The attached Development Standards. (Department of Planning Services)
2. The applicant shall include all lands described as Lot A RE-828; part SW4 Section 9,
Township 2 North, Range 66 West of the 6th P.M. Weld County, CO in the
application. Compliance with Senate Bill 35 as Interpreted by the County Attorney's
office has not been met. Senate Bill 35 is embodied in CRS 30-28-101 (10) (a)
which defines the term "subdivision" or"subdivided land". It states the following: "
(10)(a)"Subdivision"or"Subdivided Land"means a parcel of land in the state which
is to be used for condominiums, apartments, or other multiple dwelling units, unless
such land when previously subdivided was accompanied by a filing which complied
with the provisions of this part 1 with substantially the same density, or which is
divided into two or more parcels, separate interests, or interests in common, unless
exempt under paragraph (b), (c) or (d) of this subsection (10). As used in this
section, "interests" includes any and all interests in the surface of land but excludes
any and all subsurface interests.
A lease hold fits into the last sentence, where there is reference to "any and all
interests in the surface of the land." So, a leasehold that is less than 35 acres in size
is considered an illegal division of land according to the statute. The property owner
is Sam Reed and the area associated with the special Use Permit (USR-1746) is
White Bear Management, LLC dba Polar Gas Front Range, LLC. The area
associated with the Special Use Permit is approximately 2.5 acres of a 4.5 acre
parcel. Given the interpretation of SB 35, the applicant shall include all lands as
described in RE-828 in the permit boundary for USR-1746. (Department of Planning
Services)
3. The approved Screening Plan. (Department of Planning Services)
• 4. The location of the screened dumpster for wastes generated on site. (Department of
Planning Services)
Resolution USR-1746
White Bear Management, LLC dba Polar Gas Front Range
Page 4
• 5. The location for off-load of propane gas and the individual spaces for the up-load of
the propane gas onto propane delivery vehicles. (Department of Planning Services)
6. The location of the lavatory for use by employees of White Bear Management, LLC
dba Polar Gas Front Range, LLC, if not in the residence located on site.
(Department of Planning Services)
2. One month prior to construction activities:
A. A stormwater discharge permit, if required, for the development/construction site where a
contiguous or non-contiguous land disturbance is greater that or equal to one acre n area.
Contact the Water Quality Control Division of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of
Planning Services)
3. Upon completion of 1. 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)
4. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
• 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 mapsco.weld.co.us (Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
• The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
Resolution USR-1746
White Bear Management, LLC dba Polar Gas Front Range
Page 5
•
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 5, 2010.
Dated the 5th of October, 2010.
4/)1 ,0H- taejtqa0tilida41
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• White Bear Management, LLC dba Polar Gas Front Range, LLC
c/o Sam Reed, Applicant
USR-1746
1. A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory
use, or a Use by Special Review in the Commercial or Industrial Zone District(Propane Storage and
Service Yard) in the A(Agricultural)Zone District and subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are daylight hours only and may be extended with notice to the Weld County
Planning Department. (Department of Planning Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of
Public Health and Environment)
•
7. The applicant shall operate in accordance with the approved "waste handling plan" at all times.
(Department of Public Health and Environment)
8. The applicant shall comply with all provisions of the Liquefied Petroleum Gas Regulations (7 ccr
1101-15), as applicable. (Department of Public Health and Environment)
9. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or
exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the
Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of
the Weld County Department of Public Health and Environment in the event odor levels detected off
site of the facility meet or exceed the level of fifteen-to-one dilution threshold,or in the judgment of the
Weld County Health Officer, there exists an odor condition requiring abatement. (Department of
Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan, at all times. (Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 14-9-20 of the Weld County Code. (Department of Public Health and Environment)
12. Adequate drinking, handwashing and toilet facilities shall be provided for personnel at the Company
Office located at 12576 CR 2.25, Brighton,Colorado. (Department of Public Health and Environment)
13. 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)
• 14. All potentially hazardous chemicals must be stored and 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). (Department of Public Health and Environment)
Resolution USR-1746
White Bear Management, LLC dba Polar Gas Front Range
Page 7
• 15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
16. 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)
17. The access drive shall be surfaced with gravel, recycled asphalt or the equivalent and shall be graded
to prevent drainage problems. (Department of Public Works)
18. There shall be no staging of vehicles/trucks on Weld County roads. (Department of Public Works)
19. The security gate is shown within the future right-of-way for County Road 22. If, in the future, County
Road 22 was to expand the applicant would be responsible for moving the security gate outside of the
right-of-way. (Department of Public Works)
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. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
22. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
• structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
23. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
24. Exterior lighting will be a part of this facility; all light standards shall be in accordance with Section 23-
3-250.B.6 of the Weld County Code. (Department of Planning Services)
25. The applicant shall adhere to the approved Screening Plan. (Department of Planning Services)
26. A building permit shall be obtained prior to the construction. (Department of Building Inspection)
27. A plan review is required for each unit for which a building permit is required. Two complete sets
of plans are required when applying for each permit. Plans shall bear the wet stamp of a Colorado
registered Architect or Engineer. Include a Code Analysis Data sheet for the Weld County Building
Department with each building permit. (Department of Building Inspection)
28. Buildings shall conform to the requirements of the various codes adopted at the time of the 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
Fuel Gas Code; 2006 International Energy Code; 2008 NEC; 2003 International ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
29. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
• construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
Resolution USR-1746
White Bear Management, LLC dba Polar Gas Front Range
Page 8
• buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
30. All building plans shall be submitted to the Platteville-Gilcrest Fire Protection District for review and
approval prior to issue of Building Permits. (Department of Building Inspection)
31. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
32. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
33. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
35. 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.
• 36. 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.
37. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
• Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
Resolution USR-1746
White Bear Management, LLC dba Polar Gas Front Range
Page 9
• 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.
•
•
O-5 -.D.O1O
Roy Spitzer moved that Case USR-1751, be forwarded to the Board of County Commissioners along with the
• amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason
Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, absent. Motion carried unanimously.
The Chair read the following case into record:
CASE NUMBER: USR-1746
APPLICANT: White Bear Management, LLC dba Polar Gas Front Range
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any
use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts(propane gas storage and
service yard), provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivision in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-828; Part SW4 of Section 9,T2N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 22; east of and adjacent to CR 29 Section Line.
Kim Ogle, Planning Services, commented that this application is for a propane storage and service yard with
up to six (6) bullet tanks located on approximately 4.5 acres.
The facility is within the three-mile referral area for the Town of Platteville and the City of Ft. Lupton. Both the
Town of Platteville in their referral, dated June 16,2010, and the City of Ft. Lupton in their referral,dated June
18, 2010, indicated no conflict with their interests. The surrounding property is primarily agricultural with oil
• and gas encumbrances, several residential structures, and an oil and gas support and service facility
approximately 2 miles to the east of proposed facility. Staff has received two(2)letters from adjacent property
owners and several phone calls from interested parties concerning this case. Staff is requiring a screening
plan for all elements of outside storage from public rights-of-way and adjacent properties as required in
Section 23-3-250.A.9 of the Weld County Code. The applicant has indicated that an eight foot tall opaque
fence will be installed to mitigate this concern.
Mr. Ogle noted several issues that staff will want to further discuss:
• Evidence of potable water and sanitary facilities associated with the facilities.
• A dumpster must be provided on site for any type of refuge that may be deposited.
• The ability of the oilfield producers and associated personnel to utilize the existing oil and gas access
which is across this property to lands to the east of the parcel.
• The applicant has not included all of the property in the boundary for the USR.
Mr. Ogle stated that Senate Bill 35 is embodied in CRS 30-28-101 (10) (a) which defines the term
"subdivision"or"subdivided land". It states the following: " (10)(a)"Subdivision"or"Subdivided Land"means
a parcel of land in the state which is to be used for condominiums,apartments,or other multiple dwelling units,
unless such land when previously subdivided was accompanied by a filing which complied with the provisions
of this part 1 with substantially the same density, or which is divided into two or more parcels, separate
interests, or interests in common, unless exempt under paragraph (b), (c) or(d) of this subsection (10). As
used in this section, "interests" includes any and all interests in the surface of land but excludes any and all
subsurface interests. A lease hold fits into the last sentence,where there is reference to"any and all interests
in the surface of the land." So, a leasehold that is less than 35 acres in size is considered an illegal division of
land according to the statute. Given the interpretation of Senate Bill 35,the applicant shall include all lands as
described in RE-828 in the permit boundary for USR-1746.
The Department of Planning Services recommends approval of the application with the attached conditions of
• approval and development standards.
Heidi Hansen, Public Works, stated that County Road 22 is an arterial road requiring 140 feet of right-of-way;
7
presently there is 60 feet of right-of-way. The most recent traffic count is from April 2009 and shows 1,200
vehicles per day. The applicant is utilizing an existing access off of County Road 22. There will be a security
• gate set back from the roadway to allow trucks to completely exist the county road before stopping to open the
gate.
There is some question about the oil and gas utilizing this existing access. The applicant wants to put up a
locked gate and have oil and gas entities use another access. Apparently there was never an agreement to
allow oil and gas to use that access; however the oldest aerial staff has shows the access was there in 1998.
The County Oil and Gas Policy Section 22-5-100.B.3 states"Existing service roads should be used to provide
access for oil and gas and other mineral extraction activities." Because the access has been in use for at
least 12 years, staff considers this an existing access. Staff requested that the applicant work with the oil and
gas industry to either provide them access or to have them agree to utilize a different access. The applicant
has attempted to contact the oil and gas interests; however staff is not aware of any resolution to date. Ms.
Hansen added that the applicants have been very diligent in working with staff to try and resolve all issues.
Lauren Light, Environmental Health, stated that the applicant is not proposing any sanitary facility for the
propane delivery drivers on the USR site. According to the application materials, the drivers will be there for
45 minutes to upload/offload product. Since this is not a temporary or seasonal use, the Health Department
Policy requires permanent water and sewer. She added that if the USR stays on the whole site they could use
the house located on the site as an option. Another option is to utilize a restroom similar to those found at the
parks or a composting facility.
Ms. Light stated that the applicants have indicated that the drivers will either take their trash with them or
deposit it in the waste container along with the household waste. If the USR is on the entire site, then the
utilizing the same container would be acceptable.
Nathan Reed commented that his brother Chris Reed and he operate Polar Gas, LLC. The business started
in 1960 and has been a family operated business since then. They are a retail propane provider and buy
propane from the propane producers (Encana Midstream, DCP Midstream) and then they distribute that to
• their retail customers in Weld County and throughout the Front Range. The majority of the propane comes
from Encana Midstream which is two miles from the proposed facility.
Mr. Reed stated that they need more storage because they are only able to have above ground storage tanks.
He added that the excess propane in the summer is put into a pipeline and shipped to Kansas and stored in
the underground caves. When winter comes, the propane is then trucked back to Colorado at an added
expense. He further added that this request will help eliminate those propane shortages and the added cost of
shipping the propane to and from Kansas.
On August 5, 2010,the applicants met with the two neighbors who submitted letters and talked to them about
their concerns. Mr. Reed said that Ms. Gildea was concerned about the visual impact of the tanks. He said
that they are proposing to screen the entire facility with a neutral or natural color to minimize that visual impact.
In addition, the tanks will be painted with the same neutral or natural color.
Another concern was the safety over a propane accident. Mr. Reed said that the National Fire Protection
Association (NFPA) has very strict regulations on propane storage facilities and those are becoming more
restrictive in 2011. He added that they have designed and will build to those 2011 regulations. In addition,the
State of Colorado is required to inspect all of the equipment prior to and after installation and then on an
annual basis to ensure that safety is maintained. Mr. Reed commented that he has worked with the
Platteville-Gilcrest Fire Protection District and added that they are familiar with the facilities.
The increase in truck traffic was another concern raised. Mr. Reed said that the same propane that is coming
from two miles away that would be shipped to other places is being shipped to their facility and offloaded.
Therefore the traffic will not be increased.
A question regarding how this facility would affect surrounding property values was raised. Mr. Reed said that
they have gone through a lot of trouble of landscaping the property with trees. They intend to maintain the
•
trees and property. This proposed facility is not intended to be a distribution center; it will only be used as a
storage facility.
8
Danna Ortiz, Civil Resources, 323 5th St, Frederick, CO, provided the Planning Commissioners with a list of
• conditions of approval and development standards that they would like to request to be removed.
They are requesting to remove the conditions of approval and development standards regarding the restrooms
on the property. She said that restrooms are not necessary for this facility. She added that the drivers are
only on the site for a maximum for 45 minutes. She said that the drivers have to drive a maximum of 10
minutes to get to their office location where there are permanent restroom facilities. In addition, it is a
significant expense to design and construct the septic system.
In addition,they would like to request the requirement of a commercial well be deleted. Ms.Ortiz said that the
drivers will supply their own water. She said that if they were to obtain a commercial well, they would not be
allowed to use water for any outside use, such as maintaining the landscaping and dust control.
With regard to the boundary of the USR encompassing the entire property, Ms.Ortiz said that this requirement
seems to contradict both Weld County regulations and practices. She said that Section 23-2-200.G of the
Weld County Code states"any decrease in land mass occupied by a Use by Special Review shall qualify the
landowner to be able to request a partial vacation". In that section it does not discuss any minimum parcel
size for USR's. It seems that if they were required to have the USR encompass the entire property they could
then request a partial vacation. In addition, Ms. Ortiz stated that Weld County has a well established
precedence for approving USR's without encompassing the entire property.
The applicants are required to have a screened dumpster. Ms. Ortiz said that they are not generating any
waste on site. Whatever the truck drivers bring in they will bring out.
According to Development Standard 19, the applicant must provide access to the existing oil and gas
companies through the property. Ms. Ortiz said that they are in discussions with Kerr McGee,Anadarko and
KP Kauffman and added that this should be between the oil and gas companies and the landowner.
• With regard to screening on the property, Ms. Ortiz said that there is not a fence along a portion of the north
property boundary. She said that it is not appropriate to include this as a condition for this use. She added
that this issue went to District Court and the District Court ruled in 2007 that the present screening is
adequate. In addition, the Weld County Code Compliance Officer who was involved in the court case,
indicated in her referral to this land use case that she did not have any conflicts with this issue. Therefore it is
not appropriate to resurrect this and make it a new condition when it has already been brought to court and
adequately dealt with.
Mr. Ortiz said that while it's true that the majority of the activities will take place during daylight hours, propane
is in highest demand in the winter and also during periods of peak demand. They are requesting that this
language be revised to state that the typical hours of operation are daylight hours only and may be extended
upon notification to the Planning Department. They understand the need to somehow limit the hours but it is
important for the business that they have more flexibility.
According to Development Standard 40,the USR is void if ownership of the property is transferred. Ms. Ortiz
referred to Section 23-2-290 of the Weld County Code that dictates when USR's expire. The land is currently
owned by Sam Reed,the father, and it is in the long term plan that Sam would transfer the land to Nathan and
Chris,which is an ownership change and would require them to go through the USR process again. It seems
that this requirement is an unreasonable expense to put on the applicant.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Planning Commission asked the County Attorney for advisement on the applicant's request.
Bruce Barker, County Attorney, referred to the requirement of including the property in the USR boundary and
said that according to State Statute any interest that is created in land is in essence a subdivision of the
.
property. The fact that the owner is not the holder of the USR is a lease of a portion of the property on which
the USR would sit. Anytime there is a lease that is created in land that is separate and distinct from the
9
ownership of the property can be considered, under the statute and our provisions, to be a subdivision of
property. He advised planning staff to make certain that the entire property is included in the USR so that
• there is no uncertainty that this is creating a separate interest in property.
With regard to the fence, Mr. Barker said that this is a new permit and if you believe that the conditions should
include a certain type of screening or landscaping then that can be put on as a condition of this Use by Special
Review and is not subject to previous determinations either by the Board of County Commissioners or by a
court.
With the oil and gas access, Mr. Barker believes that there is some necessity to allow access but not
necessarily a right that those mineral owners have to use the current roadway or not. If the surface owner has
an alternative to get them to the same spot they can probably work that out. He believes it should be
negotiated out between the producers of the mineral interests and the applicant.
Commissioner Maxey referred to the statement that the USR must encumber the entire property. He added
that the Section(Section 23-2-200.G)that the applicant referred to is no longer in the code book so it makes it
an invalid point.
Commissioner Grand said that since the house would be included in the USR the commercial water well and
septic should be covered through this. Ms. Light said that the well would need to be changed for commercial
use; however the applicant would lose their outside irrigation right. She added that the septic system for the
house was installed in 1985 without a permit. Staff has a Statement of Existing on record which shows a 500
gallon tank; therefore the tank is not big enough as 1000 gallons is the minimum required. She added that
they allow vaults if there is not another water source. Ms. Light recalled a previous case where the applicant's
main office was a few miles away and they were allowed to use those facilities. She said that could be an
option in this case; however it would create a problem if the property is sold.
Commissioner Spitzer asked about the intensity of the use, particularly the number of trucks per day and
people on site. Mr. Reed said that they do not intend to have trucks at the facility every day. He stated that
• there would be one truck every other day. Maximum times in the winter would be maybe one or two trucks per
day;therefore you may have two people on site for a total of 1.5 hours per day. He indicated that their office is
approximately 11 miles from the proposed facility.
Ms. Light recommended deleting Conditions of Approval 1.C, 1.D,2,and Development Standards 14 and 17
and amend Development Standard 12 to read "Adequate drinking, handwashing and toilet facilities shall be
provided for personnel at the company office located at 12576 CR 2.25, Brighton, CO 80603".
Roy Spitzer moved to delete Conditions of Approval 1.C, 1.D, 2, Development Standards 14 and 17 and
amend Development Standard 12 as recommended by staff, seconded by Nick Berryman. Motion carried.
Mr. Reed commented that if the USR boundary will encompass the entire property then the 2 yard dumpster
which is located on site will be utilized.
With regard to the oil and gas access, Ms. Hansen stated that they do not have an issue with the applicant
negotiating the issues between them and the oil and gas companies; however the concern is that a new
access will not be provided for oil and gas from County Road 22.
Sam Reed stated that he doesn't have a problem with the oil companies using the road but when he
purchased this property the oil and gas companies were not using that property to access the wells. Rather
they were coming in from County Road 31 on the east side. When he made improvements on site, the
companies started using the same road. He said that he will discuss this issue with the oil companies directly
but feels that Weld County should not get involved.
The consensus of the Planning Commission was that the applicant should work out this issue with the oil and
gas companies. Ms. Hansen suggested deleting Development Standard 19 and adding Condition of Approval
1.J stating "The applicant shall attempt to reach an agreement with the oil and gas companies concerning
•
access".
10
Robert Grand moved to delete Development Standard 19 and add a new Condition of Approval 1.J as stated
by staff, seconded by Nick Berryman. Motion carried.
• Regarding the screening issue, Sam Reed stated that they resolved the issue with the County by screening
everything from County Road 22. Commissioner Lawley clarified that the creation of the USR requires
screening from adjacent properties and public rights-of-way. Mr. Ogle said that this USR case is separate
from the violation case to which Mr. Reed is speaking of.
Commissioner Grand wished to amend Development Standard 3 regarding the hours of operation. Staff
suggested amending it to read "The hours of operation are daylight hours only and may be extended with
notice to the Weld County Planning Department."
Roy Spitzer moved to amend Development Standard 3 as stated by staff,seconded by Robert Grand. Motion
carried.
Jason Maxey moved to delete Development Standard 40, seconded by Roy Spitzer. Motion carried.
The Chair called a recess at 4:48 pm and reconvened the meeting at 4:52 pm.
The Chair asked the applicants if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. Nathan Reed replied that they are in
agreement.
Robert Grand moved that Case USR-1746 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason
• Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, absent. Motion carried unanimously.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 4:54 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
•
11
9-7 - 2010
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, September 7, 2010
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
r-o
Tom Holton -Chair n
Mark Lawley -Vice Chair
Nick Berryman E
Erich Ehrlich =
Robert Grand f: u7
Bill Hall
Roy Spitzer r
Alexander Zauder r9 7-)-C
Jason Maxey ,a
co
Also Present: Chris Gathman, Michelle Martin, and Kim Ogle, Department of Planning Services; Don Carroll,
Heidi Hansen, and Janet Carter, Department of Public Works; Lauren Light and Mary Evett, Department of
Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the August 3, 2010 Weld County Planning Commission minutes, seconded
by Nick Berryman. Motion carried.
The Chair announced that there is a change in the agenda. Kim Ogle, Planning Services, commented that
• staff has received a letter from the applicant's consultant for USR-1746 requesting a continuance until the
October 5, 2010 Planning Commission. Staff is in support of this request given the circumstances.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of
this application until October 5, 2010. No one wished to speak.
Roy Spitzer moved to continued Case USR-1746 to the October 5, 2010 Planning Commission meeting,
seconded by Erich Ehrlich.
The Chair read the following case into record.
CASE NUMBER: USR-1749
APPLICANT: Robert&Gladys Suden, do NE Colorado Cellular, Inc. dba Viaero Wireless
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Telecommunication Antenna Tower(195 foot wireless communication tower
and related accessory buildings/structures) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-1607; located in Part NE4 of Section 34, T5N, R64W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to CR 52; West of and adjacent to CR 57.
Chris Gathman, Planning Services, commented that this application is for a 195 foot self-supported wireless
communication tower and related accessory buildings and structures in the Agricultural Zone District.
The surrounding area is rural and agricultural in nature. The nearest residences are located approximately
950 to 1000 feet southeast of this site. Other residences are located'%mile to the south and west of the tower
site. Additionally, there are three (3) mobile homes that appear to be accessory to the farm that are
approximately 300 feet to the east of the tower site, across County Road 57. No phone calls or
• correspondence from adjacent property owners or other parties have been received in regard to this case.
Eleven referrals were sent out for comment; eight referrals were received and either indicated no concerns or
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