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Home My WebLink About20102418.tiff INVENTORY OF ITEMS FOR CONSIDERATION • AppLcca tt White Bear Management, LLC Case Number USR-1746 dba Polar Gas Front Range, LLCc/o Sam Reed Subruttted cr Prepared Pvior to At FteaviK.s E+earivtcJ z staff cov t,w.evtts x Depavtm.ewt of PLaAo.ivtg Services Field Checl2 Forvu. \' PLawwiv<g Cow,.vuCssiov,er FiieLd Checl2 Forest. Letter to AppLlcawt AffLdavi.t of sign.postLwg Legal Ncti.ficatLovt.s 2 Applicat%ow x maps Deed/ Uasewt.evti.t certi fi.cate Surrouv�dLvt,g Pvopertj / vliw,eraL Owvt,ers • N Litillties 3 R.efervaL List X R.eferraLs without cowt,wt,evtit X Weld County Zoning Compliance, referral dated June 4, 2010 Town of Platteville, referral dated June 16, 2010 State of Colorado Division of Wildlife referral dated June 23, 2010 City of Fort Lupton, referral received June 18, 2010 4 rzeferraLS with co &wtiewts x State of Colorado, Office of the State Engineer referral dated June 4, 2010 Weld County Department of Planning Services, referral dated June 4, 2010 Weld County Department of Building Inspection, referral dated June 15, 2010 Weld County Department of Public Works, referral dated June 25, 2010 And 7Izgio Weld County Department of Public Health and Environment, referral dated • June 30, 2010 2010-2418 4,1.. - 17 Platteville-Gilcrest Fire Protection District, referral dated July 9, 2010 • `' 5 ?c Exh;bi}s c,, Letter from C. Gildea, dated 7-21-2010 ow) b--io-iv Email from C. Gildea, dated 7-30-2010 Letter from Judy and Red Bretz dated August 6, 2010 ,exid,Y) Affidavit of sign posting with Photograph (Ad 4 cam) e Request for Continuance dated September 3, 2010 Polar Gas—Request to Remove Conditions, provided by Danna Ortiz, Civil T. Resources and the applicant's representative, received 10-5-2010 • herebd cert%fj that the 6 Ltevus idevtite feed hereivi,were subvu.i.tted to the t epartvu.evi.t of Plavt.vvi.vve Services at or prior to the scheduled PLarl.ni Lci Cove vvissLov.ers hear1.0.cj. ki.vw os pLaw.vter • 44tv1:4 • WnPe LAND USE ON UMMARY SHEET COLORADO Case Number: USR-1746 Applicant: White Bear Management, LLC dba Polar Gas Front Range, LLC c/o Sam Reed, Applicant Site Address: 14095 County Road 22, Brighton Request: 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. Legal Description: Lot A RE-828; part SW4 Section 9, Township 2 North, Range 66 West of the 6th P.M. Weld County, CO Location: North of and adjacent to County Road 22, East of and adjacent to County Road 39 Size of Parcel: 4.52 +/-acres Parcel Number: 1309-09-0-00-012 • 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 responses without comments from the following agencies: • Weld County Zoning Compliance, referral dated June 4, 2010 • Town of Platteville, referral dated June 16, 2010 • State of Colorado Division of Wildlife referral dated June 23, 2010 The Department of Planning Services' staff has received responses with comment from the following agencies: • State of Colorado, Office of the State Engineer referral dated June 4, 2010 • Weld County Department of Planning Services, referral dated June 4, 2010 • Weld County Department of Building Inspection, referral dated June 15, 2010 • City of Fort Lupton, referral received June 18, 2010 • Weld County Department of Public Works, referral dated June 25, 2010 • Weld County Department of Public Health and Environment, referral dated June 30, 2010 • Platteville-Gilcrest Fire Protection District, referral dated July 9, 2010 The following agencies have not responded: • State of Colorado Division of Oil and Public Safety EXHIBIT • School District RE-8 ' • • Weld County Department of Emergency Management • Weld County Sheriffs Office Polar Gas Front Range,LLC—USR 1746, Page 1 • / 6 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW h iDe COLORADO Planner: Kim Ogle Case Number: USR-1746 Hearing Date: September 7, 2010 Applicant: White Bear Management, LLC dba Polar Gas Front Range, LLC c/o Sam Reed, Applicant Site Address: 14095 County Road 22, Brighton Request: 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. Legal Description: Lot A RE-828; part SW4 Section 9, Township 2 North, Range 66 West of the 6`" P.M. Weld County, CO • Location: North of and adjacent to County Road 22, East of and adjacent to County Road 39 Size of Parcel: 4.52 +/-acres Parcel Number: 1309-09-0-00-012 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. 2. It is the opinion of the Department of Planning Services' staff 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 Polar Gas Front Range,LLC—USR 1746, Page 2 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 (.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 adoption of any regulations controlling subdivisions, PUD development proposals shall not be permitted to use the special review permit process to develop (Propane Storage and Service 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 a 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, and the City of Fort Lupton in their referral dated June 18, 2010 indicated no conflict with their interests. 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) Polar Gas Front Range,LLC—USR 1746, Page 3 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. 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) C. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. • Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall submit written evidence of a commercial well to the Department of Planning Services and the Department of Public Health and Environment. (Department of Planning Services) E. 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) F. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and approval. (Department of Planning Services) G. The applicant shall submit to the Department of Planning Services with a Screening Plan for review and approval. (Department of Planning Services) H. 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) • I. 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) Polar Gas Front Range, LLC—USR 1746, Page 4 K. 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) 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. Prior to the Issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. The septic system is required to be designed by a Colorado Registered Professional Engineer and approved by the Board of Health according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 3. 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 Polar Gas Front Range,LLC—USR 1746, Page 5 Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Planning Services) • 4. 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) 5. 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. 6. 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 maps(cilco.weld.co.us. (Department of Planning Services) 7. 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) • S Polar Gas Front Range, LLC—USR 1746, Page 6 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, Monday through Friday and may be extended with specific permission from the Weld County Board of County Commissioners. (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 shall be provided for personnel on site. (Department of Public Health and Environment) Polar Gas Front Range,LLC—USR 1746, Page 7 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. A permanent, adequate water supply shall be provided at all times. (Department of Public Health and Environment) 15. 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) 16. 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) 17. The applicant is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 18. 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) 19. The applicant must provide access for the existing oil and gas access road through the property. • The Weld County Code, Oil and Gas Policies (Sec 22-5-100. B. 3.) states "Existing service roads should be used to provide access for oil and gas and other mineral extraction activities." (Department of Public Works) 20. 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) 21. There shall be no staging of vehicles/trucks on Weld County roads. (Department of Public Works) 22. 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) 23. 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) 24. Weld County is not responsible for the maintenance of drainage related features. (Department of Public Works) 25. 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) 26. 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) Polar Gas Front Range,LLC—USR 1746, Page 8 27. 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) • 28. The applicant shall adhere to the approved Screening Plan. (Department of Planning Services) 29. A building permit shall be obtained prior to the construction. (Department of Building Inspection) 30. 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) 31. 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) 32. 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 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) • 33. 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) 34. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 35. 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. 36. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 37. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 38. 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. 39. 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. • 40. This Special Use Permit will be null and void with the transfer of ownership of the property. The use of the property for a propane gas storage facility is non-transferable. Polar Gas Front Range,LLC—USR 1746, Page 9 41. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total • market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they • cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, 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. • Polar Gas Front Range,LLC—USR 1746, Page 10 • rs DEPARTMENT OF PLANNING SERVICES 1555N1 8"AVE GREELEY, CO 80631631 PHONE: (970)353-6100, Ext. 3540 FAX: (970)304-6498 COLORADO August 23, 2010 White Bear Management, LLC dba Polar Gas Front Range, LLC do Danna Ortiz, Civil Resources, LLC PO Box 680 Frederick CO 80530 Subject: USR-1746-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 on a parcel of land described as Lot A RE-828; Part SW4 of Section 9, T2N, R66W of the 6th P.M., Weld • County,Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 7, 2010, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department,918 101h Street, Greeley, Colorado. A subsequent hearing will be held on October 6, 2010 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10'" Street, First Floor, 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: http://www.co.weld.co.us/Departments/PlanninqZoninq/Plann inq Department/index.html If you have any questions concerning this matter, please call. Respectfully, Digitally en: signed by KristineRanslem Reason:I am the author of this document Location:1555 N 17th Ave • Date:2010.08 23 09:24:56-0600' Kim Ogle Planner PLANNING COMMISSION AND BOARD OF COUNTY • COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS SEPTEMBER 24, 2010 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, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A KENNEL (TO ACCOMMODATE 50 DOGS OF TWO SPECIFIC BREEDS: MINIATURE DACHSHUND AND BERNESE MOUNTAIN DOGS), IN THE A(AGRICULTURAL)ZONE DISTRICT, DBA DAPPLE DOXIE, C/O JANE STAMP] oma000 Name of Person Posting Sign I n ou WeI sg linty. u=Pqk • (�Iy,Y-N,1/Iv(y/I--` onma=us,dr-co,do=wflo,do-co. ou=wem coao1 ou=4Nonloq. u=02010.09 016 9P Date:2010 09 38 16.1900 Ufi'00' Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thi day of , 41) , 2010. WITNESS my hand and official seal. • Notary Public fir- • fv--20r tria\CI My Commission Expires: ORS EXHIBIT LI5d u`�R lifT ) _�s - - _ — g ,, ._ .. _ -- O U inv de 4. i • Ii L o z µ o o i c •• o x �„ lie �? r ifi 11.1<t Or i ll NSA Ci o — c i. Q Zt ill Z El M U ._ a) a) CD o '� I o _ c }' rir � � � 1, o — �c � � 4 R till , T [� LL . ]rte tea' " = c -3 p � - 1,1 cll assi' Zi 5 it , iD CL. E 73 10 q VITA:C. vif E ce � � Cis< to o au r- � � � N z u. • CO ce 1°1— ' co O - - a- U CC r = 4 L rrr - i . } ygµYc • ect r' i4 T r a' _ mw "A�9 ; • — \ V p� --3 y " ', y � ' ..Cw m tl CCrVl \ . ,wS w:,a °rte ,:...ma w5 .z a. b ' CC '' ii ~H • It < • •r= ir ...)bip • O .141 O L. U ' ro O x _ w a' f �A U /^ O P3 ,,et C n O AR 1 Q O t‘ ,t2:./r t, O) C 0 CD L- 0 .§.-. C >" C ., Q`0 ui (O , _-.__ _ .4 E lir": . i - . "rs;-... Z o _lal s Z0 W Q fl, a) _c m O r Er J . 4 ' ' II P 6 1 a LL z1 d T S OW ` "r tie, 3 n _ g . . M • a) Z LL C V ' • 0 a oC0 -- Q U LL" 1, _ s,z A 4 PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS AUGUST 27, 2010 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, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR 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. [WHITE BEAR MANAGEMENT, LLC DBA POLAR GAS FRONT RANGE, LLC, C/O SAM REED] KIM OGLE Name of Person Posting Sign Signaturepf Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this 7 day of , 2010. WITNESS my hand and official seal. ��\yDI.IN(O�s �pTA,Q` ' ►• otary Public ` BO(' F CO\P My Commission Expires: • 2 ti) q&.,4 la U) b tir0 tz: 0 ' a 4 -- tzst v 05 it n < 2 6 i4 c,1 Ei , .) 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' • •.' : .II . . • • • Illk741. / .. , 11::r�4'�{.-LIRA! t ' `'�'� '. 1' f f / 1r1� 11� ,, , I / !• • .e, �. may: -• < , i ., !,r ,,� . , -41-2 • .. r ' ` .I � . `. �1, • 1. ., . - -' 41 . r ,. ., •� • • -• • • r .. 1r. ' , -I f • ' ' • I , ti I • ♦ I I. I lir It Ir •• • • - '.r. .sil . , .. . • . • .. , ,. . _ _ • _ . . .,.... • i t; I yilli. Ax S • 1 isms `. *% , I T ,fr . I Af I .•, L----- Ye III c, ! . •-re,t, W I N a ili 1- I i _, , CI __ I,� 1 , �! r ^ 1C it i + y • y N t W tti or e p U t U Q I F. - 4 P ; bee cam; :r U. • v.'Z . ' ‘. 1 .,'•, '5 t, t • - ,4-: 4 •• I t 41 A. ./A} ' ` ,I r '. I` 1tt le , I I , I 1 1ii , 1 1 I ,1 t. • tE, . Y' L . • -t _ .t fY t X tr, V( • : MMM7 I I r R _ i/!"• .l •, •I. • re N • 77 i • ` iI / I • I • * j Kim Ogle rom: Kristine Ranslem nt: Wednesday, September 01, 2010 4:25 PM Tom Parko; Kim Ogle Subject: FW: USR Boundaries Another one... Kri,sti.we RGivt.sLewt. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 From: Chris LaRue [mailto:CLaRue@co.adams.co.us] Sent: Tuesday, August 17, 2010 1:00 PM To: Kristine Ranslem; Kristin Sullivan Cc: Shannon McDowell Subject: RE: USR Boundaries Hi: 4 u can look at Section 2-02-10, Special Use Permit which address review criteria. The last part of that section (2-02-10- states the effect of an approval authorizes only the particular use and activity for which it is issued. So coupled with the Special Use Permit application, which requires a written explanation and site plan,we limit the uses to what is depicted and described. Below is a link to our Temporary/Special Use Permit application: http://co.adams.co.us/documents/page/blanning/dev plan/appendix a/special temp use permit checklist.pdf Hope that helps. Let me know if you need anything else. PS. Shannon: Thanks for the assist! Sincerely, Christopher C. La Rue Development Review Planner II Adams County Planning and Development Department 12200 Pecos Street, 3rd Floor Westminster, CO 80234 Ph: (303)453-8816 Fax: (303) 453-8829 From: Kristine Ranslem [mailto:kranslem@co.weld.co.us] ,t:Tuesday, August 17,2010 9:51 AM Kristin Sullivan; Chris LaRue Subject: FW: USR Boundaries 1 Hi again!! Shannon was kind enough to answer my question regarding Special Use Permit boundaries (please see email string below). I was wondering if you have that stated in your code somewhere? If so, can you forward the language to We would like to use something similar to what you have, if available. Thanks again! Hope you are having a good week! Kristine Ranslem Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 From: Shannon McDowell [mailto:SMcDowell@co.adams.co.us] Sent:Tuesday, August 17, 2010 8:09 AM To: Kristine Ranslem Subject: RE: USR Boundaries No problem Kristine—how could you have known?! © Yes, Chris will still be the contact, as well as Kristin Sullivan (ksulliva nPco.adams.co.us). Good luck! Shannon 303-637-8039 From: Kristine Ranslem [mailto:kranslem@co.weld.co.us] Sent:Tuesday, August 17, 2010 8:06 AM To:Shannon McDowell Subject: RE: USR Boundaries I apologize for bothering you however, thank you for answering my question! O I will remove you from my contact list. I assume that Chris Larue will still be the contact person? Kristine Ranslem Planning Technician Weld County Planning Services 1555 N 17th Ave,Greeley CO 80631 970-353-6100 ext. 3519 From: Shannon McDowell [mailto:SMcDowell@co.adams.co.us] Sent:Tuesday, August 17, 2010 8:00 AM To: Kristine Ranslem Cc: Chris LaRue Subject: RE: USR Boundaries Kristine, 2 I am no longer working in the Planning Department for Adams County (I now work in Parks), but I can still answer your question. Our Use by Special Review(we call it a Special Use Permit), encumbers the entire property, but we rely on site plans submitted with the permit to look back at the intended intensity of the use and location of the proposed use on property. If the use expands from the originally described location and intensity, we require the applicant to amend it permit. Amendments would typically require the same process used to obtain the permit originally. Shannon 303-637-8039 From: Kristine Ranslem [mailto:kranslem@co.weld.co.us] Sent:Tuesday, August 17, 2010 7:29 AM To: Shannon McDowell; Chris LaRue Subject: USR Boundaries Hi again! From recent inquiries, I have gathered that our Use by Special Review (USR) processes are similar. However, in recent determination from our County Attorney, according to Senate Bill 35 the applicant can no longer designate a portion of the property as a USR; rather the USR boundary is required to encumber the entire property. Could you please inform us how you handle this or what your requirements are in your Special Review processes? If you have any questions, please give me a call. Thanks again for your help!! Kristine Ranslem Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 OP-353-6100 ext. 3519 • 3 Kim Ogle om: Kristine Ranslem t: Wednesday, September 01, 2010 4:24 PM • Tom Parko; Kim Ogle Subject: FW: USR Boundaries Attachments: Special Review Submittal Requirements.pdf; Sketch Plan SE-SR-REZ Submittal Requirements.pdf; Special Review Process Guide.pdf As requested here is more K.visticke R.2vtsLevu Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 From: evanscl@co.larimer.co.us [mailto:evanscl@co.larimer.co.us] On Behalf Of Planner On Call Sent: Tuesday, August 17, 2010 11:02 AM To: Kristine Ranslem Subject: Re: USR Boundaries Hi Kristine, �on't think this is specifically stated in the Code. I've attached several files regarding our Special Review cess for you to look at. Two of these files deal with submittal requirements. Our submittal requirements are part of the technical supplement to the Land Use Code, but not published in the Code itself. The submittal requirements include sketch plans and site plans that show the gross and net square footage of the lot/parcel(s) involved in the application, legal descriptions for each parcel, and the parcel identification numbers for all parcels pertaining to the project. The narratives and sketch/site plans must describe and/or show the proposed use areas on the property. All of these requirements deal with the entire "subject" parcel(s). You may also want to look at Section 4.5 (httmillibrary.municode.com/HTML/13411/leve13/PII 4.0 4.5.html ) of our Land Use Code as well,just to get all of the language about Special Reviews. Section 12 ( http://library.municode.com/HTML/13411/1eve12/PII 12.0.html )of the Code contains the procedures for development review and refers to the submittal requirements/technical supplement. I hope this helps. Have a good week! Carol Evans, AICP Senior Planner On-call Planner (Mondays-Wednesdays) On Tue, Aug 17, 2010 at 9:52 AM, Kristine Ranslem <kranslem@co.weld.co.us> wrote: Thanks Carol— I appreciate your help! I was wondering if you have this stated in your code somewhere? If so, could you Ward the language to me as we might like to put something similar in our code, if available. 1 Thanks again! Hope you are having a good week!! •sti,we tzavuslew,. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 From: evansclaco.larimer.co.us [mailto:evanscl(7a co.larimer.co,us] On Behalf Of Planner On Call Sent: Wednesday, August 11, 2010 8:46 AM To: Kristine Ranslem Subject: Re: USR Boundaries Hi Kristine, When someone submits an application for a special review on a property in Larimer County, the entire parcel is involved. There may be an "affected area" or limit placed on where the use(s) can occur on the property, but the Special Review process evaluates the proposed use in the context of the entire property (even if just a portion of the site will be used for the Special Review use itself). No separate parcels are created for the Special Review use (unless someone actually applies for and is approved to divide the property). • I hope that this helps clarify this for you. Let us know if you have other questions. Sincerely, Carol Evans, AICP Senior Planner On-call Planner (Mondays-Wednesdays) On Tue, Aug 10, 2010 at 3:48 PM, Kristine Ranslem <kransiemna,co.weld.co.us> wrote: Hi again! From recent inquiries, I have gathered that our Use by Special Review (USR) processes are similar. However, in recent determination from our County Attorney, according to Senate Bill 35 the applicant can no longer designate a portion of the property as a USR; rather the USR boundary is required to encumber the entire property. Could you please inform us how you handle this or what your requirements are in your Special Review processes? iyou have any questions, please give me a call. Thanks again for your help!! 2 Kim Ogle m: Lauren Light t: Tuesday, August 24, 2010 3:59 PM Kim Ogle Subject: RE: Polar Gas Land Use Application Summary Sheet Conditions of approval 1G, L,J and M have been addressed and can be deleted and development standard 8 can be deleted. Delete development standard 12 as we don't make sure they have equipment on site. We will not change the wording of development standard 4. If you want them to show the dumpster that is up to planning. Does this all make sense? Lauren Light. M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health& Environment 1555 N. 17th Ave. Greeley.CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) From: Kim Ogle Sent:Tuesday, August 24, 2010 8:05 AM To: Lauren Light Subject: FW: Polar Gas Land Use Application Summary Sheet Lauren oyou concur with their position.? From: Heidi Hansen Sent: Thursday, August 19, 2010 10:22 AM To: Kim Ogle Subject: RE: Polar Gas Land Use Application Summary Sheet Kim, It sounds like they're very concerned about having the condition where they address our comments removed. We just have the one comment that they haven't finished addressing. We need the oil and gas access language which you have on there but I think it would be better to move it from Development Standards to a condition of approval before final plat because they may get an agreement from the industry to use an alternate access. Other than that,you've covered the rest of our items as Development Standards so PW is satisfied. Thanks, Heidi From: Kim Ogle Sent: Thursday, August 19, 2010 6:22 AM To: Heidi Hansen; Lauren Light; Mary Evett Subject: FW: Polar Gas Land Use Application Summary Sheet se Find enclosed a response to staff comments. Please verify that the concerns listed as complete by the licant have indeed been addressed to your satisfaction. Thank you. 1 Kim From: Danna Ortiz [mailto:danna@civilresources.com] at: Wednesday, August 18, 2010 9:37 AM Kim Ogle Subject: Polar Gas Land Use Application Summary Sheet Thank you for sending the staff comments Kim. I've got a few questions for you. • Will you please email us your report in Word so that we may respond to all of the conditions and place the development standards on the plat without retyping everything? • We thought that we had addressed many of the conditions, such as submitting the dust abatement plan and the waste handling plan, and addressing Public Works'June 30th letter, the Health Department's June 30th letter and your June 4th letter. We followed up with Public Works and the Health Department and they too, said that the issues had been addressed (except for the areas that we are in disagreement about—requiring: the oil and gas access on this property, the applicant to obtain a commercial well and an ISDS). What do we need to do to get these conditions removed? • Does the fencing and landscaping on the site plan suffice for the screening plan? If not, what exactly do you want to see on the screening plan? • The access drive, parking areas, landscaping and water quality area are all existing. No signage is proposed. What are you looking for re: an itemized landscaping bid? The only thing that would be in the Private Improvements Agreement would be the proposed fence, correct? • If the applicant installs the fence before the plat is recorded, then no PIA is necessary (per the last sentence of condition T)—correct? • There will be no waste generated on the site. Why do we have to put a screened dumpster on the plat? Can't we change development standard #4 to read that there shall be no liquid or solid waste stored on the site? •nks for the guidance. na From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Wednesday, August 18, 2010 6:05 AM To: 'Danna Ortiz' Cc: Kim Ogle Subject: Good morning Danna and Mickey Please find attached staff comments There are likely to be several points for discussion at PC and at the BCC. Presently you client is scheduled for September 7 (PC) And date unknown for BCC. When it is identified you will be contacted. Thank you. Kim Ogle Weld County Planning Services- Greeley Office 1555 North 17th Avenue I Greeley CO 80631 I kogle@co.weld.co.us T: 970.356.4000 x 3549 I F: 970 304 6498 • 2 Kim Ogle From: Heidi Hansen .nt: Monday, August 16, 2010 11:48 AM Kim Ogle Cc: Mickey Leyba-Farnsworth Subject: Polar Gas USR-1746 Kim, After reviewing the additional items and the response to comments for USR-1746 (Polar Gas) submitted on July 28th it appears that the only outstanding Public Works item is access for oil and gas. This comment can be addressed as a condition of approval to be completed before recording the Final Plat and should not hold up the hearing date. The Weld County Code, Oil and Gas Policies (Sec 22-5-100.8.3.) states, "Existing service roads should be used to provide access for oil and gas and other mineral extraction activities."The applicant will need to work with the oil and gas industry to ensure they have adequate access either through the site or utilizing an alternate existing access. In a phone conversation last Friday the applicant indicated that they have been in contact with the oil and gas industry to try to resolve the issue. The applicant has addressed or agreed to our remaining comments and development standards. Thanks, Heidi Heidi Hansen, P.E. Weld County Public Works �e11 H Street eley, CO 80631 970.304.6496 ext. 3745 hhansenco.weld.co.us • 1 Kim Ogle om: Danna Ortiz[danna@civilresources.com] t: Tuesday, August 03, 2010 3:27 PM • Kim Ogle; Tom Parko Cc: mickey@civilresources.com Subject: FW: USR-1746 Public Works Comment Response Attachments: image001.gif; RE-1746 Planning Dept Response Comments.pdf; USR_2nd Submittal.pdf; Response to Completeness Comments.pdf; RE-1746 Public Works Comment Response.pdf; RE-1746 WCDPHE Response Comments.pdf; LP-Gas Installation Application_Polar Gas.pdf Kim, We apologize that you had to wait several days for this response. I was out of town for part of last week. Attached please find: • A written response to your questions • The revised USR map • Our May 19th letter to you • Our July 28th letter to the Public Works Department and • Our July 30th letter to the Health Department. Please contact me after you have read our response to discuss the status of this application and where we go from here. Also, please note that we sent the notice via certified mail to the mineral rights owners/lessees today. Thank you for your assistance with this application. •cerely, Danna Original Message From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Friday, July 30, 2010 3:22 PM To: 'Mickey Leyba-Farnsworth' Cc: Tom Parko; Kim Ogle Subject: RE: USR-1746 Public Works Comment Response Mickey— I have been requesting the responses for the referral comments for several days now and without success. In conversation with Public Works, there apparently has been a modification to the Site Plan. As the referral agencies did not review this component, depending on the modification, staff may request referral agency review. Another issue that appears to be a moving target is the number of truck trips to the site, the application materials indicated 3, Public Works received notice from you that there are four vehicles/tank that visit the site. There is no mention of the number of trucks that deliver the propane to the site. Oat is the number and when does delivery take place? Also, what is the number of truck vehicle trips/tank and /day? 1 There apparently is a new issue with'and gas access. Staff will require a wren sign-off from the producers for access. •at does go on in the big shed? The application is silent, except to state that it is not a part. Please provide itional comment Visual inspection of the property identified several propane tanks on site. Will this product continue to be stored here? The fence apparently is only fronting the street, with disregard to adjacent property owners. How will this issue be addressed? Environmental Health stated water and sanitary sewer service/ leach field is required. Where will this occur and what evidence of a water supply do you have to present? Have you or your applicant made application for a leach field. Please provide follow- up comment. Perhaps the September 7, 2010 hearing date is premature, as apparently there are several outstanding issues to be addressed and to date there has been no follow-up correspondence provided to the Planning Department. Staff will evaluate the application on receipt of your Site Plan amendment and responses as previously requested. Kim Ogle Weld County Planning Services - Greeley Office 1555 North 17th Avenue I Greeley CO 80631 I hogleia co.viceld.co,us .970.356.4000 x 3549 I F: 970 304 6498 key Leyba-Farnsworth ngineering Manager 2 CIVIL R1 S'7URCES, LLC ENGINEERS E. PLANNERS • MEMORANDUM DATE: August 2, 2010 TO: Kim Ogle, Department of Planning Services FROM: Mickey Leyba-Farnsworth and Danna Ortiz SUBJECT: Polar Gas USR-1746 Project No.: 10-207.002 Response to Planning Department July 30, 2010 Comment Review Email Per your June 30, 2010 Referral Comments letter,we received responses with comment from the Division of Water Resources,Weld County Building Department, Public Works Department and Public Health and Environment Department. Of those responses, only the Departments of Public Works and Public Health and Environment required additional information. We have been coordinating directly with these departments to resolve their concerns. We have attached our correspondence for your information. Please note that Public Works indicated that they could not review our submittal until approximately the second week in August,but that they did not feel that there was a need to postpone the September 7, 2010 hearing. Following is our response your July 30, 2010 email. EMAIL COMMENTS: • 1. In conversation with Public Works, there apparently has been a modification to the Site Plan. As the referral agencies did not review this component, depending on the modification, staff may request referral agency review. We made the following minor revisions to respond to the comments that we received from the Public Works and Public Health and Environment departments. • We reduced the proposed number of propane tanks from 11 to six. \/.4 • We labeled the entire existing water quality area rather than just a portion of it. We have also added a fence on the north side of the tanks to address your concern that the proposed fence only screens the tanks from the public right-of-way (which is what the regulations require).Anti ti.V i, A4.64, , 2. Another issue that a ears to be a moving target is the number of truck trips to the site, the application materials indicate 3, Public Works received notice from you that there are four vehicles/tank that visit the site. There is no mon of the number of trucks that deliver the propane to the site. What is the number and when does delivery take place? Also, what is the number of truck vehicle trips/tank and/day? As we stated in our May 19th letter to you,the proposed tanks will typically be filled by EnCana Midstream, Inc.,which is located at 16157 Weld County Road 22,approximately 2 miles east of the site. Typically, during peak season (60%to 70%of Polar Gas' business occurs from November through February) each storage tank would be filled every other day and it will likely take one truck per storage tank. All tanks will be connected so that they can be filled and emptied from one location. Each tank will have its own loading/unloading station. A transport truck will pull up to the tank (while remaining on the access drive) and attach its liquid and vapor hoses to the tank. The truck will then unload its propane into the tank. A smaller truck or bobtail will come to load propane out of the tanks. During peak season, it is anticipated that there will b(ihree delivery vehicles obtaining propane per tank per day. • So, for six tanks (full build out), during peak season we anticipate that there would 1k21 trips per day or 3.5 trips per day for the initial tank. 323 FIFTH STREET" • P.O. Box 600 • FREDERICK, GO 80530 • PHONE.: 303.833.1416 • FAX: 303.833.2950 ('R it WI Ill S • 3. There apparently is a new issue with oil and gas access. Staff will require a written sign-offfrom the producers for access. In the Public Works Department's June 25, 2010 letter to you,their first comment states, "The applicant must provide access for the existing oil and gas access road through the property. The Weld County Code Oil and Gas Policies (Sec 22-5-100.B.3.)states, 'Existing service roads should be used to provide access for oil and gas and other mineral extraction activities." As we stated in our May 19th letter to you,we do not believe that the oil and gas companies have the right to trespass through Polar Gas' property to access their facilities on the adjacent property. We believe that they should be required to use their existing service road that is north of this site. We are unclear what you mean by, "staff will require a written sign off from the producers for access." We hope that means that you are requiring the producers to prove that they have the legal right to access this property before they can continue to utilize it. It is not appropriate for the County to enable the producers to"sign off'on or approve this USR. Please clarify how you would like us v to proceed. 4. What does go on in the big shed? The application is silent, except to state that it is not a part. Please provide additional comment The shed is associated with the household and contains vehicles and personal items. It will not be used in conjunction with this USR. 5. Visual inspection of the property identified several propane tanks on site. Will this product continue to be stored here? The fence apparently is only fronting the street, with disregard to adjacent property owners. How will this issue be addressed? These empty propane tanks are associated with tt�e household,'not this USR. It is my understanding that the County required the landowner to screen the tanks from the public right-of-way, which he did. In order to • address adjacent landowner Carol Gildea's concern that she will be able to see the proposed propane tanks associated with this USR,we have added a privacy fence along the north side of the proposed storage tanks. Refer to the attached map for details. 6. Environmental Health stated water and sanitary sewer service/leach field is required. Where will this occur and what evidence of a water supply do you have to present? Have you or your applicant made application for a leach field. Please provide follow-up comment. As we have stated in our May 19th letter to you and in conversations with Ms. Lauren Light,we strongly believe that this is an unreasonable request and we would like to discuss this condition with the Weld County Commissioners. We are not aware of any other sites with oil and gas storage tanks that have a restroom. The purpose of this USR is to place propane tanks on the property, which will require truck drivers(who are coming from offices between two and 11 miles away)to be on the site for up to 45 minutes. The tanks will primarily be used during the colder months of the year, when Polar Gas' customers need to heat their homes and/or businesses. 7. Perhaps the September 7, 2010 hearing date is premature, as apparently there are several outstanding issues to be addressed and to date there has been no follow-up correspondence provided to the Planning Department. Staff will evaluate the application on receipt of your Site Plan amendment and responses as previously requested. We do not believe that the outstanding issues can be resolved. In our conversations with Ms. Light,we have essentially agreed to disagree. We did reduce the number of proposed propane tanks at her request to decrease the potential need for a restroom and potable water. We also do not believe that the County has the right to mandate that we allow access through our property for a use that already has an existing legal access to their property. We apologize for the delay in corresponding with you; we were trying to resolve Public Works' issues and the Health Department's comments so that we could include letters from them in our response to you. We appreciate your following up with us and expressing your concerns. • 8/3/2010 Page 2 Kim Ogle om: Janet Carter t: Thursday, July 29, 2010 9:57 AM • Kim Ogle Subject: FW: Polar Gas Referral FYI Janet L Carter Traffic Engineer Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 From: Danna Ortiz [mailto:danna@civilresources.com] Sent: Monday, May 03, 2010 12:50 PM To: Janet Carter Cc: 'Mickey Leyba-Farnsworth' Subject: Polar Gas Referral Dear Ms. Carter, Nathan, from Polar Gas mentioned that you contacted him with the following questions and asked that we provide you responses. •1. Is the shop related to the propane tanks? No, there will not be any buildings associated with the tank storage. Polar Gas is not relocating any office space or business operations and the existing shop and home are not related to Polar Gas and will not be used in conjunction with the storage tanks. 2. Will there be any employees regularly on site? No,the only time someone will be on the site is to fill the fuel tanks or to pick up fuel for delivery. 3. Description of truck traffic Traffic at the site will be nominal. Most of the propane that will be stored in the tanks will come in 10,000 gallon trucks from EnCana Midstream, Inc., which is located at 16157 Weld County Road 22, approximately 2 miles east of the site. These vehicles are typically 60-feet long, semi-trucks (approximately 80,000 pounds). Typically, during peak season, each storage tank would be filled every other day. Sixty to seventy percent of Polar Gas' business occurs from November through February. During this timeframe, it is anticipated that there will be three to four delivery vehicles (33,000 pound gross vehicle weight rating)obtaining propane per tank per day. Note that Polar Gas only plans to install one tank in the near future. There will likely be no traffic at all June through September as people will not be using propane to heat their buildings when it's warm outside. Please let me know if you have any additional questions. Thank you, Danna Ortiz adnna Ortiz, LEED AP CIVIL RESOURCES, LLC 1 323 Fifth Street PO Box 680 Frederick, Colorado 80530 •.833.1416 x 203 303.884.4850(cell) • • 2 FIELD CHECK • CASE NUMBER: USR-1746 DATE OF INSPECTION: 7/3/1 l 0 APPLICANT'S NAME: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. LAND USE: ` Ca( It641 We lig ' P • ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: fro Pryiv , 0 �� _ 4o Yl,� �,`vve' P.C. Mem e� 1 • FIELD CHECK: USR-1746 Inspection Date: July 23, 2010 illApplicant: White Bear Management, LLC dba Polar Gas Front Range, LLC; c/o Sam Reed, Applicant Site Address: 14095 County Road 22, Brighton Request: 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 Office) in the A (Agricultural) Zone District. Legal Description: Lot A RE-828; Part SW4 Section 9, Township 2 North . Range 66 West of the 6th P. M. Weld County, CO Location: North of/ adjacent to County Road 22 , East of/ adjacent to County Road 39 Size of Parcel: 4.52 4- acres Parcel Number: 1309-09-0-00-012 Zoning Land Use N Agricultural N Oil and Gas, Fields and to the northwest SFR E Agricultural E Residence with Agricultural S Agricultural S Pastureland and SFR to SE, SW and South W Agricultural W Pastureland, a building site and SFR • Comments: Property has a single point of access from County Road 22, a paved two lane road with heavy vehicular traffic including trucks and posted speed limit of 55 MPH. This access serves the residence, oil and gas interests to the North and a large outbuilding. The proposed propane gas storage yard is sited between the metal skinned outbuilding and the residence in an area that is low to the residence sited on a slight knoll to the east. There is an area to the North of the road and slightly east of the building that has an opaque screening material and is visually oriented to CR 22. Visual inspection identified several propane type tanks and vehicles behind . The internal access drives are graveled and graded. There is mature landscape around the residence and establishing deciduous trees near the toe of the slope of the knoll. The property is fenced with a post and rail fence. There is not a gate at the point of access onto CR 22, there is a farm gate present that provides access to the North . Adjacent properties are residences with outbuildings. Three if not four residences will look directly into this facility if located on site today. — �` • N 1 #418 ,,, 117 s T i" i .,r ri........._ T .. .... .__ , Mr . • .r It' _ - i i!istraivargerrT: ye- -7 ' . 1. 1 f Signat • • • rst(t\o,-(c;t:Ns DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 111IFAX: (970) 304-6498 COLORADO June 2, 2010 White Bear Management, LLC dba Polar Gas Front Range, LLC do Dana Ortiz, Civil Resources, LLC PO Box 680 Frederick CO 80530 Subject: USR-1746- Request for 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 subdivisions in the A (Agricultural) Zone District on a parcel of land described as Lot A RE-828; Part SW4 of Section 9, T2N, R66W of the 6th P.M., Weld County, Colorado. • Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Ft. Lupton and Platteville Planning Commission for their review and comments. Please call Ft. Lupton at 303-857-6694 and Platteville at 970-785-2245 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Ft. Lupton and Platteville Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, DRalsollyn-signed ay Kristine Rah,t om document Digiallligeheaumornethism Location.1555 N 17th Ave Date:2010.060210'.05:4-0600' Kim Ogle Planner • CIVIL RES'URCES, LLC ENGINEERS & PLANNERS MEMORANDUM To: Kim Ogle, Department of Planning Services Don Carroll, Engineering Administrator; Janet Carter, Traffic Engineer From: Danna Ortiz, Planner Date: May 19, 2010 Subject: Response to County Staff Comments from the 7-Day Completeness Review Following is our response to your letter dated May 7, 2010 regarding Staffs Completeness Review, Lauren Light with the Department of Public Health and Environment reviewed the application materials and states in her referral dated April29,2010, "They will need to provide sanitary facilities for drivers coming to the site. They have indicated they will not provide any restrooms. We can add as a condition of approval that they will need to provide a permanent facility. We strongly believe that this is an unreasonable request;we would like to discuss this condition with the Weld County Commissioners. We are not aware of any other sites with oil and gas storage tanks that have a restroom. Planning Services reviewed the application file and requests documentation on the origin of potable and non-potable water,•potable water for drinking, hand-washing and lavatory, and non-potable water for dust suppression as applicable. Also,please provide additional narrative on waste handling, e.g., dumpster • with name and telephone number of waste hauler, methods of handling on-site dust, and other nuisance condition. • No potable or non-potable water is required for drinking, hand-washing, lavatory or dust suppression. The people that access the property are truck drivers—they can carry water with them in their truck if they need a drink of water. The Polar Gas facility where employees will orginate from is about 11 miles from this site and contains both potable water and a lavatory. The purpose of this USR is to place propane tanks on the property,which will require employees to be on-site for up to 45 minutes. It does not make sense, it is not economically feasible, nor is it fair or to require Polar Gas to construct a building, septic system and restroom for this use. This is not required for all of the other oil and gas storage facilities in the area. • There will be no need for dust suppression as the access road is made of recycled asphalt and the rest of the site is vegetated with native grass. • There will not be any waste generated on site. Again, employees will only be on the property long enough to fill their trucks with propane. Anything that they bring on the site with them,they will be required to take off the site with them. Please provide additional narrative and describe the method of filling the on-site stationary propane tanks, and the off-loading of propane into tanker trucks for delivery. From the drawings, it is unclear how these two actions are achieved given the location of the road surface, vegetation and on-site fence. The vegetation,trees and fence will all remain; the hose from the truck on the access drive can reach the tank without any problem because the hoses are flexible. Each tank will have its own loading/unloading station. A transport truck will pull up to the tank(while remaining on the access drive)and attach its liquid and vapor hoses to the tank. The truck will then unload its propane into the tank. A smaller truck or bobtail will come to load propane out of the tanks. They will attach their liquid and vapor • hoses to the tank(while the truck remains on the access drive)and the propane will be pumped out of the tank into the truck. 323 FIFTH STREET•FREDERICK, COLORADO 80530• PHONE: 303.833.1416•FAX: 303.833.2850 tr- n. ,U, ', Wi , • Please address the requirements of Section 23-2-260.8.13 under the heading of Application Requirements. (Applicant shall submit a proposed landscape plan.) The landscape plan is included on the site plan. Please address the requirements of Section 23-2-26O.8.16(describe fire protection measures). The Platteville-Gilcrest Fire Protection District(PGFPD) serves this property. Polar Gas has been coordinating with PGFPD and will ensure that the tanks are installed in accordance with National Fire Protection Association standards for propane storage. Safety Summary All propane installations are governed by the Liquefied Petroleum Gas Code also known as NFPA 58, as adopted by the State of Colorado. This proposed distribution facility and all of Polar Gas'current distribution facilities meet 2011 standards. Tanks • The propane tanks intended for use at the proposed facility have already been inspected approved for use by the State of Colorado. • The tanks will be set on rebar re-enforced concrete saddles that will be built on site. The plans for the saddles will be designed and engineered by a structural engineer. The saddles will be built according to those plans. Safety Features • Pressure Relief Valves--Both tanks will be equipped with three new,two inch pressure relief valves. • These will protect the tanks from building too much pressure in an emergency situation. • Internal Valves-- Every opening on the tank will be equipped with a pneumatic internal valve that will ensure the flow of propane will be shutdown at the tank if there is a break in piping. All internal valves will be equipped with and automatic shutdown system that will incorporate thermal (fire) protection. • Emergency Shutoff Valves--All transfer operations will have emergency shutoff valves. • Piping --Only Schedule 80 (extra heavy) pipe will be used. • Crash Protection--The tanks and points of transfer will be surrounded with crash protection. Crash protection will include four inch pipe bollards fill with concrete. The bollards will be buried three feet deep with four feet exposed. Under the heading of Plot Plan,please address Section 23.2.260.8.5.6 to include the entire property as the size of the parcel is less than 35 acres. We did not find any reference in the Use by Special Review regulations that require the entire property to be included. Section 23-2-200 G, 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 of the Use by Special Review from the Board of County Commissioner, permitting the following: • The property under consideration for a partial vacation of the USR has received permission to release the property from the permit from applicable County and State agencies. • This process does not create separate parcels. • To obtain partial vacation of the USR permit,the applicant shall submit a letter to Planning requesting the • partial vacation and a revised map illustrating the vacated portion of the property and the existing permit. Page 2 ( 1St' RI ' II:R i l • • Upon determination of compliance with the original USR permit and all applicable applications, this Chapter and Chapter 29 of this Code by the Department of Planning Services,the applicant shall be granted a partial vacation of the USR permit. • Once approved, the applicant must submit a plat...illustrating the vacated portions of the property/operation." Nothing in this section states that there is a minimum parcel size. We would like to discuss this requirement with the Board of County Commissioners. Also,please address Section 23-2-260.D.5.c.10 concerning the traffic circulation specific the drive to the North property line,adjacent to the westerly property fine. This access road appears to provide oil and gas access to lands north of this property,please confirm. The access road is not intended to provide oil and access to the land north of this property. The oil and gas companies do not have a documented right to go through this property to access their facilities and will not have a key to the gate. Site Plan In the legend, clarify proposed tanks vs.proposed future tanks verbage. In the immediate future, Polar Gas only plans to install one tank on the property. However,there is sufficient room on the property for eleven tanks and Polar Gas would like to have the ability to install these additional tanks without having to go through the Use by Special Review Process again. The existing shop is within the USR boundaries. You are indicating that it is not associated with the USR. • The only things that are associated with this USR are the proposed tanks, access road,fences and associated landscaping. We included the existing shop within the USR because we did not think the County would allow us to have a donut-shaped USR boundary. Shall we exclude it? How do you serve the future and proposed tanks by filling the tanks or picking up fuel to be delivered? The proposed tanks will typically be filled by EnCana Midstream, Inc.,which is located at 16157 Weld County Road 22, approximately 2 miles east of the site. All tanks will be connected so that they can be filled and emptied from one location. Is there an additional road section that needs to be shown on the plat drawing? No. Clarification on the dashed line, which is dimensioned at 20 feet and is located the fourth future propane tank location. Is this dashed fine associated with a septic field or something that should be identified on the plat drawing? The dashed line should not have been on the map, it has been removed. You are indicating on the plat drawing USR-1638 boundary referring to that file Bartez LLC is located in Section 17, T2N, R66W, which is located south of WCR 22 and west. This item needs to be removed from the plat. This item has been removed. • Page 3 f IYII RI x''M R(.I ti • Private road drive-oil/gas road: The west side of the proposed USR: You are indicating an existing private drive 12 feet in width and a gravel surface to access additional oil and gas wells north of the proposed USR on adjacent properties. Is there any type of documentation for easement that is associated with this access road? If so, this should be placed on the plat drawing and identified as such. No, there is no documentation that the oil and gas companies have a right to use this access road. We did not intend to show access to oil and gas facilities on this site plan, nor can we find any reference to oil and gas on it. Questionnaire Item number 5a on the Questionnaire, the number of people that use the site. You refer to 5f as three delivery vehicles per day. Is the number 3 or are there any additional employees that utilize the existing shop or the USR area at the same time? Number 5b, Number of employees proposed to be employed at the site. Same question: Are there any additional employees utilizing the existing shop or the USR are at the same time? The shop is not associated with this USR and Polar Gas employees will not be allowed to enter the shop—it is associated with the private residence. Typically,there will only be one employee on the site at a time and they should not be on the site any more than 45 minutes. Typically, during peak season (November through February), each storage tank would be filled every other day. During this timeframe, it is anticipated that there will be three delivery vehicles obtaining propane per tank per day. Traffic Study Based on the information provided by the applicant a Traffic Study is not required. However, if traffic volumes are increased a Traffic Study may be required. • Traffic generate from the proposed storage tanks will be nominal. Preliminary Drainage The applicant has provided water quality calculations for a water quality feature. The calculations appear to be adequate for review. A detailed technical review of the calculations was not performed at this time. A detailed technical review will be done once the application is deemed complete. So noted. Geotechnical Soil Report A geotechnical report is not required at this time. So noted. Special Flood Hazard Area This area is not in a Special Flood Hazard Area(SFHA)as determined by the Federal Emergency Management Agency(FEMA). So noted. • Page 4 Kim Ogle rom: Danna Ortiz [danna@civilresources.com] t: Monday, May 03, 2010 12:58 PM • Kim Ogle Subject: FW: Sam Reed, dba Polar Gas Front Range LLC Attachments: Gathman Applictn comments .pdf; County Pre-Appl Notes_PA10-011 Reed USR1.doc; 8120USR.pdf From: Danna Ortiz [mailto:danna@civilresources.com] Sent: Monday, April 26, 2010 1:45 PM To: 'Kim Ogle' Cc: 'Mickey Lebya-Farnsworth' Subject: RE: Sam Reed, dba Polar Gas Front Range LLC Hi Kim, Thank you for looking at the application so quickly. Just to ensure that I understand your below comments and that we're on the same page, I offer the following information. 1. We had a pre-application meeting with Chris Gathman on January 29, 2010. During the pre-application meeting Chris indicated that the application would be for a Use by Special Review for an oil/gas storage facility in the Agricultural District. According to the chart on page two of the application package, the appropriate fee is $1,200. I have attached the submittal checklist and fee schedule that Chris marked up for your information. 2. I agree that this is NOT an application for a home business. The home is NOT associated in any way with the proposed storage tanks. • 3. I cannot find anything in the regulations that requires the USR to encompass an entire property. I am aware that the County has approved USRs in the past that do not follow property lines. For example, USR 1638 for the Bartez property across the street does not include the entire property. I have attached a copy of the Bartez USR map for your information. Why must the USR boundary in this case contain the entire property, especially when the use is not associated in any way with the existing residence? Please let me know where we stand re: the application fee and the USR boundary. Thank you again, Danna From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Monday, April 26, 2010 10:41 AM To: 'Danna Ortiz' Cc: Kim Ogle Subject:Sam Reed, dba Polar Gas Front Range LLC Danna Initial review of this application indicates that a home business is the requested land use application; this determination is based on the application fee paid for 1200.00 dollars. The application materials indicate that the residence is not included in the USR boundary; hence the application for a home business is not applicable. For reference, as defined, a Home Business HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: • a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly inciaital and secondary to the principal putted USE and shall not change the character thereof. From the information provided in the questionnaire, the correct application is A Site Specific Development Plan and a cial Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial ne District (Propane Storage) in the A (Agricultural)Zone District. County staff will make the adjustment to the application and require additional fees to be paid. Also, county will require the USR boundary to be with the entire property. The seven day referral by County has been forwarded to each department for review, with follow-up comments submitted to you in seven working days or May 5, 2010. Should you have questions or concerns, please contact this office by email. Thank you. Kim Ogle Weld County Planning Services-Greeley Office 1555 North 17th Avenue I Greeley CO 80631 I kogIe2co.weld.co.us T: 970.356.4000 x 3549 I F: 970 304 6498 No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.814 /Virus Database: 271.1.1/2830 - Release Date: 04/26/10 00:31:00 • • 2 • Kit 4-;t• :, DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 No. 17` Avenue I Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO May 7, 2010 Danna Ortiz Civil Resources Post Office Box 680 Frederick, CO 80530 Subject: Seven Day Completeness Review of USR application submittal • CASE It: PA10-011 APPLICANT: White Bear Management, LLC dba Polar Gas Front Range, LLC; c/o Sam, Nathan and Chris Reed, Applicants REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (Propane Storage Yard) in the A (Agricultural) Zone District LEGAL: Lot A RE-828; part SW4 Section 9,Township 2 North, Range 66 West of the 6th P.M. Weld County, CO. LOCATION: North of and adjacent to County Road 22, East of and adjacent to County Road 39 Situs: TBD, Residence is at 14095 CR 22, Brighton PARCEL tt: 1309-09-0-00-012 ACRES: +/-4.52 Dear Danna: The Departments of Building Inspection, Environmental Health, Public Works and Planning have reviewed the submitted application documents and offer the following comments: Ken Swanson, Building Official states that all structure will require building permits. The Building Permit • 1 • application and required documents are noted on the County webpage. Please see the attached link: htto://www.co.weld.co.us/departments/Planning/BuildingDepartment/BuildingPerm its/Commercial.html Questions associated with the Building Division may be directed to Ken at 970-35306100 extension 3548. Lauren Light with the Department of Public Health and Environment reviewed the application materials and states in her referral dated April 29, 2010, "They will need to provide sanitary facilities for drivers coming to the site. They have indicated they will not provide any restrooms. We can add as a condition of approval that they will need to provide a permanent facility. Questions associated with the Environmental Health Department may be directed to Lauren at 970-304-6415 extension 2211. Planning Services reviewed the application file and requests documentation on the origin of potable and non-potable water; Potable water for drinking, hand-washing and lavatory, and non-potable water for dust suppression as applicable. Also, please provide additional narrative on waste handling, e.g., dumpster with name and telephone number of waste hauler, methods of handling on-site dust, and other nuisance condition. Please provide additional narrative and describe the method of filling the on-site stationary propane tanks, and the off-loading of propane into tanker trucks for delivery. From the drawings, it is unclear how these two actions are achieved given the location of the road surface, vegetation and on-site fence. Please address the requirements of Section 23-2-260.B.13 under the heading of Application • Requirements. Also, Section 23-2-260.C.16. Under the heading of Plot Plan, please address Section 23- 2-260.D.S.b to include the entire property as the size of the parcel is less than 35 acres. Also, please address Section 23-2-260.D.5.c.10 concerning the traffic circulation specific the drive to the North property line, adjacent to the westerly property line. This access road appears to provide oil and gas access to lands north of this property, please confirm. Referencing your electronic mail received May 3, 2010, specific to the application fee, staff has determined that this application by type is for an OIL AND GAS STORAGE FACILITY: One (1) or more tanks which receive and store oil or gas from sources other than direct from the oil and gas well, therefore the application fee will be 1200.00 dollars, payable at time of a complete application as determined by Planning Services staff. Questions associated with comments from Planning Services may be directed to Kim Ogle at 970-353- 6100 extension 3549. The Department of Public Works reviewed the application and requests documentation as addressed in their referral dated April 27, 2010. Their comments are: Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive,and will address the critical issues of concern including but not limited to the Site Plan,TrafficStudy, Preliminary Drainage Report,Geotechnical Soils Report, and Flood Hazard Development Permit.The Public Works Department will perform a detailed • 2 • technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Site Plan Review: In the legend, clarify proposed tanks vs. proposed future tanks verbage. The existing shop is within the USR boundaries. You are indicating that it is not associated with the USR. Circulation: How do you serve the future and proposed tanks by filling the tanks or picking up fuel to be delivered? Is there an additional road section that needs to be shown on the plat drawing. Clarification on the dashed line,which is dimensioned at 20 feet and is located the fourth future propane tank location. Is this dashed line associated with a septic field or something that should be identified on the plat drawing? You are indicating on the plat drawing USR-1638 boundary referring to that file Bartez LLC is located in Section 17, T2N, R66W, which is located south of WCR 22 and west. This item needs to be removed from the plat. Private road drive-oil/gas road: The west side of the proposed USR: You are indicating an existing private drive 12 feet in width and a gravel surface to access additional oil and gas wells north of the proposed USR on adjacent properties. Is there any type of documentation for easement that is associated with this access road? If so, this should be placed on the plat drawing and identified as such. Questionnaire: Item number 5a on the Questionnaire,the number of people that use the site. You refer to Sf as three delivery vehicles per day. Is the number 3 or are there any additional employees that utilize the existing shop or the USR area at the same time? number 5b, Number of employees proposed to be employed at the site. Same question: Are there any additional employees utilizing the existing shop or the USR are at the same time? • Traffic Study: Based on the information provided by the applicant a Traffic Study is not required. However,if traffic volumes are increased a Traffic Study may be required. Preliminary Drainage: The applicant has provided water quality calculations for a water quality feature. The calculations appear to be adequate for review. A detailed technical review of the calculations was not performed at this time. A detailed technical review will be done once the application is deemed complete. Geotechnical Soil Report: A geotechnical report is not required at this time. Special Flood Hazard Area: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). is �, t x Sa 3• a Ids 1 ,311 i,i�i3n t i 4att¢�.'`Q"�o-, ......vra. v L... .. .... ... . :x. ........ae,,.�mxia.�r`k'.._,. __.u_ .......��........,.,....:............a.. Questions associated with comments from Public Works may be directed to Don Carroll, Engineering Administrator; Clay Kimmi, P.E., Drainage & Floodplain Engineer; Janet Carter, Traffic Engineer at 970- 356-4000 extension 3750. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you for your inquiry. • 3 • Sincerely, Kim Ogle Planning Services ec: L.Light, EH K.Swanson, BI H. Hansen, PW File: PA10-011 • • 4 • • • 7-Day Completeness Review CASE#: PA10-011 APPLICANT: White Bear Management, LLC dba Polar Gas Front Range, LLC; c/o Sam, Nathan and Chris Reed, Applicants REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (Propane Storage Yard) in the A(Agricultural)Zone District LEGAL: Lot A RE-828; part SW4 Section 9, Township 2 North, Range 66 West of the 6th P.M. Weld County, CO. LOCATION: ,7N�ortthhoof and adjacent to County Road 22, East of and adjacent to County Road ® / 1 Situs: TBD, Residence is at 14095 CR 22, Brighton PARCEL#: 1309-09-0-00-012 ACRES: +/-4.52 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW ❑ Public Works ❑ Health Building ❑ Planning • Comments: Residence is not a part of the proposed USR and is not within USR boundary. Shed is within area of USR but will not be utilized per application materials. No water or lavatory for USR area. - - 27 Date: April 26, 2010 Comments Due No Later than May 5, 2010 Thanks, Kim x 3549 • t WELD COUNTY,COLORADO 4O -�,-48EPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY,CO 80631 PHONE:970-3534100,EXT.3540/FAX:970-304-6498 Date: 20 Receipt No. , v „ Received From: I / c - �'u + C� r o � � )\ Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR I /,2 CO O 6 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD • 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE i I MISC. ❑CASH ❑ CHECK NO. 3V TOTAL FEE i 20'7, ;J� Receipted By: DL# Exp. • S S 0,ce4v, 1 MEMORANDUM IITO: PA10-011; Case File, pre-application COLORADO DATE: January 29, 2010 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for propane tanks Attendees: Nathan Reed, Applicant Chris Reed, Applicant Mickey Leyba-Farnsworth, Civil Resources Lauren Light, Environmental Health (via phone) Chris Gathman, Planning Kris Ranslem, Planning On Friday, January 29, 2010 an informal discussion took place at the Greeley Administrative • Offices Conference Room regarding proposed propane tanks. (The legal description is Lot A RE-828; Part SW4 of Section 9, T2N, R66W of the 6th P.M.; Situs Address is 14095 CR 22) Background Information: The applicants are proposing up to 11 propane storage tanks located on site. The trucks would load the propane from the tanks and then leave the site to make deliveries. No office or other buildings are proposed. Health Department The applicants are proposing the use of portable toilets if they are required to have facilities on site. Staff stated that according to their policy, no portable toilets are allowed for a permanent business. Therefore a vault or septic tank would need to be installed. Staff informed the applicants that they may request a waiver from this requirement by the Board of County Commissioners. Currently, there is existing recycled asphalt at the site. Planning Department Staff encouraged the applicants to visit with Clay Kimmi of Public Works (970-304-6496 ext. 3741) for further guidance in regard to drainage requirements. The site is not located in a floodplain. The applicants stated that they are not anticipating additional traffic as this is the designated haul route from Encana who will be loading the propane from the tanks. Staff suggested that the • applicant visit with Janet Carter, Traffic Engineer of Public Works (970-304-6496 ext. 3726) for any additional requirements. The applicant added that they are estimating 1 truck into the facility per day and a transport every other day. The applicants indicated that according to the National Fire District a 6 foot fence or locks on the • valves with Fire District accessibility is required for security. Staff indicated that depending on the nature of the surroundings screening of the tanks may be required. The applicants indicated that they have the ability to paint the tanks an earth tone color if required. Building permits will be required for the propane tanks. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that maybe raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. • End memorandum. S Hello