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GREELEY OFFICE
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Kim Ogle
om: bornregal@aol.com
t: Friday, July 30, 2010 8:16 AM
• Kim Ogle
Subject: polar& bartez
I recently went to planning dept. to get the plans for what Polar gas was planning and while there
asked to see the plans for Bartez, since at his hearing there were no plans or our questions weren't
answered. So the question that i asked in email pertained to bartez. I see no where in his plans that
he would have an open storage behind his building for trucks and whatever. Plus was wondering
what the proposed "detention pond" is for.
I did send in letters on the Polar gas protesting his plans for propane tanks. Since he is right next to
our property and several other nice houses in this area. We all have horses and livestock boardering
where he plans to put these "FULL" tanks. Its an eye sore and a safety issue. This is AG land and the
idea of bringing all these non-ag facilities into the area can only hurt our property values. I agree that
some of the special use permits do not hurt our area or values, but do have a great concern on
having that many full propane tanks so close, plus the trucks pulling in and out during the day, and
the view from our houses of that many tanks.
Thankyou, Carol Gildea
•
EXHIBIT
• I
1
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lyed ArtRiont
• We
Id County Planning Department CE
GREELEY OFFICE
August6, 2010 RECEIVED It 'wL" V ED
Weld County Planning Services
1555 N. 17th Ave.
Greeley, CO 80631
Re: Polar Gas Storage and Service Yard
The following concerns are reasons for objections to granting the request made by Polar Gas for
tank storage area:
1. It does not add but detracts from the value of homes in the surrounding area.
2. Safety issues
3. Increase in traffic with a commercial usage of property.
4. Most important is the long term effect of the change if the current owner should sell the
property. What type of business would then be allowed to exist in a basically agricultural
neighborhood because of a precedent set by this change? Most people, in this area,
moved here to be away from the big city and from commercial usage of property. The
• goal was to exist in a rural and agricultural setting and this is not aided by commercial
property being allowed in a close vicinity to the homes.
Please take these concerns under advisement when making your decision.
Sincerely,
Judy and Red Bretz
14219 CR 22
Fort Lupton, CO 80621
303-857-2376
303-810-4166 cell
EXHIBIT
• 5.6
•• a
Case#: USR-1746
Name: Polar Gas Front Range, LLC
Proposed Project: USR for a Propane Gas
• Storage and Service Yard in the Ag Zone District
Location: North of and adjacent to CR 22; east
of and adjacent to CR 29 Section Line
Planner: Kim Ogle •
1\a�\1 Weld NCounty Planning Services
whi��EL' �' GreeleylCO 80631
le (970)353-6100 ext. 3540
COLORADO
i 6
e .i' ROY BRETZ
14219 CR 22
--a„ r FT LUPTON CO 80621-9506
r-
II,LILII,LL1II11L1I1I, ,Iil.i.„ILILII,,, II ,L LIII,IL . II,I
•
•
• ft MEMORANDUM
TInge DAATE: September 7, 2010: Planning on
COLORADO
FROM: Kim Ogle, Planning Services
SUBJECT: Request for Continuance
White Bear Management, LLC
dba Polar Gas Front Range, LLC
c/o Sam Reed, Applicant
Case Number USR-1746
The Department of Planning Services received a request for continuance of case number USR-
1746, 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, by representatives for
the applicant.
Planning requests this case be re-scheduled to the October 5, 2010 Planning Commission
hearing docket, and also be re-scheduled from the October 6, 2010 Board of County
• Commissioners hearing to the October 13, 2010 Board of County Commissioners hearing
docket.
Given the conditions surrounding this request, the Department of Planning Services is in support
of the request.
EXHIBIT
•
5g,
CIVIL WESLIDLIRCILS, IIC
ENGINEERS S. PLANNERS
•
September 3,2010
Mr. Kim Ogle
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley,Colorado 80631
RE: Continue Weld County Planning Commission Public Hearing for USR 1746
White Bear Management, LLC dba Polar Gas Front Range, LLC
Dear Mr.Ogle:
On behalf of Polar Gas Front Range,LLC,we respectfully request that the public hearing before the
Planning Commission for USR-1746 be continued to October 5,2010. The owners of White Bear
Management,LLC and Polar Gas Front Range,LLC will be out of the State on September 5th due to an
unforeseen event and they would really like to participate in the public hearing. We also respectfully
request that the date for the Weld County Commissioners hearing be continued from October 6th to
October 13th so that there is more than one day between the two hearings.
Please contact me if you have any questions. Thank you for your assistance.
•
Sincerely,
CIVIL RESOURCES, LLC
•
Planner/Principal
•
323 FIFTH STREET • P.O. Box 680 • FREDERICK, CO 80530 • PHONE: 303.833.1416 • FAX: 303.833.2850
Polar Gas — Request to Remove Conditions EXHIBIT
Septic System Required I s p
Weld County Requirement: \ES%
• 1F. Prior to recording the plat, an ISDS is required for the proposed facility and shall be installed according to the Weld
County ISDS Regulations. (Department of Public Health and Environment(DPHE)) (Page 4)
2A. Prior to the Issuance of the CO, an ISDS is required...and shall be installed(per]...Regulations. (DPHE) (Page 6)
28. The septic system shall be designed by a Colorado Engineer and approved by the Board of Health. (DPHE) (Page 6)
Development Standard 12: Adequate drinking, hand washing and toilets shall be provided for personnel. (DPHE)(Page 8)
Development Standard 13: Any septic system on the property must comply with Weld County Code.... (DPHE) (Page 8)
Applicant Response:
We strongly believe that this is an unreasonable request.
• There are no buildings associated with our proposal,just propane storage tanks.
• Most of the propane that will be stored in the tanks will come from EnCana Midstream, Inc., which is located
approximately 2 miles east of the site.
• This is a significant expense for something that is not necessary. Our truck drivers are only on site for a
maximum of 45 minutes.
• This requirement is cost prohibitive as we will have to pay tens of thousands of dollars for the design and
construction of a lavatory that will rarely be used, not to mention the building permit, impact fees and inspection
costs.
• We have storage facilities in Idaho Springs and Estes Park, neither of which are required to have lavatories.
• • We are not aware of any other sites with oil and gas facilities in the area that have a lavatory.
Commercial Water Well Required
Weld County Requirement:
1G. The applicant shall submit written evidence of a commercial well to the Planning Dept. and DPHE. (DPHE) (Page 4)
Development Standard 14: A permanent, adequate water supply shall be provided at all times. (DPHE) (Page 8)
Development Standard 17: The applicant is proposing a well as its source of water. ...while they may be able to obtain a
well permit from the State Engineer, the quantity of water available for usage may be limited to specific uses. Also...they
may not meet all drinking water standards.... (DPHE) (Page 9)
Applicant Response:
• No potable water is necessary for the propane storage tanks. As demonstrated with our other storage
facilities, the drivers carry water with them in their trucks if they need a drink of water.
• The Polar Gas facility where employees will originate from is about 11 miles from this site and the Encana facility
is 2 miles away; both have potable water and a lavatory.
• It does not make sense, it is not economically feasible, nor is it fair to require Polar Gas to construct a
lavatory, septic system and restroom for this use. This is not required for all of the other oil and gas facilities in
the area.
• In order to obtain a commercial well permit, the State will require us to discontinue all outdoor irrigation. We
• have spent considerable time and resources trying to establish trees and grass to enhance the aesthetic
appeal of the property, minimize dust and increase our property value. This seems to go against the
County's intent of requiring a screening plan and our intent of being a good neighbor. The State will also require
us to augment this well, which is a costly proposition, especially when a new well is not needed.
11Page
Polar Gas — Request to Remove Conditions
USR Must Encompass Entire Property
Weld County Requirement:
• 1.0.5. The applicant shall include all lands...in the application. Compliance with Senate Bill 35 as interpreted by the
County Attorney's office has not been met. ...So, a leasehold that is less than 35 acres is considered an illegal division of
land according to the statute. The USR[includes]2.5 acres of a 4.5 acre parcel. ...the applicant shall include all lands as
described in RE-828 in the permit boundary for USR-1746. (Planning)(Pages 5 and 6)
Applicant Response:
• We did not find any reference in the County regulations that require the entire property to be included in a USR.
In fact, the regulations allow USR boundaries to be on portions of parcels. 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:
1. "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.
2. This process does not create separate parcels.
3. 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.
4. Upon determination of compliance with the original USR permit and all applicable applications, this Chapter
and Chapter 29 of this Code by the Planning Department, the applicant shall be granted a partial vacation of
the USR.
5. 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 for USRs.
• • The County has a well-established precedence approving USRs that do not encompass entire parcels.
For example, our neighbors, Liquid Waste Management's USR-1638 does not include all of their property.
Dumpster
Weld County Requirement:
1.O.7. Show the location of the screened dumpster for wastes generated on site[on the plat]. (Planning) (Page 6)
Applicant Response:
• There will not be any waste generated on site as is demonstrated with our existing propane storage facilities
in Estes Park and Idaho Springs.
• 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.
Oil and Gas Access
Weld County Requirement:
Development Standard 19: The applicant must provide access for the existing oil[companies]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." (Public Works)(Page 9)
Applicant Response:
• The access drive is not intended to provide oil and gas 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.
• It is not appropriate for the County to mandate that a landowner allow another entity to utilize their property,
especially when the policy cited is from the County Comprehensive Plan verses a County regulation.
21Page
Polar Gas — Request to Remove Conditions
Screening
Weld County Requirement:
• 11. The applicant shall provide the Planning Department evidence that all noncommercial junkyard items on the property
are screened from all adjacent properties and public r-o-w, or have been removed from the property. (Planning) (Page 4)
Applicant Response:
• This condition was resolved in District Court and should be removed from this USR. In 200_, the County
required us to screen our storage area from the public right-of-way(see attached letter). The District Court ruled
that we had adequately addressed this issue.
• The Weld County Code Compliance Officer that was concerned with our screening in the past, reviewed this
application and indicated that she"reviewed the request and found no conflict with the County's interests."
• Planning Staff has approved our proposed screening plan for the new tanks(we plan to construct an 8' opaque
fence to the north and south of the proposed tanks. The fence will be angled to screen them from adjacent
properties and the public right-of-way.)
Hours of Operation
Weld County Requirement:
Development Standard 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 Commissioners. (Planning) (Page 8)
Applicant Response:
The majority of activities will take place during daylight hours. However, propane is in highest demand during the
winter, when the sun can set around 4:00 p.m. Also, during periods of peak demand, we may have to purchase
• propane from neighboring states. We need to have the flexibility to access our tanks around the clock,without
having to obtaining permission from the Weld County Commissioners.
USR is Void if Ownership of Property is Transferred
Weld County Requirement:
Development Standard 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. (Page 10)
Applicant Response:
• Section 23-2-290 of the Weld County Code states that USRs expire when: the use is discontinued for 3
consecutive years, use of land changes, or the time period established by the BOCC expires. We respectfully
request that this standard apply to this use as well.
• The land and the business is currently owned by my father. It is likely that at some time in the future,the
ownership may be transferred to his children. It does not make sense to require us to go through the time-
consuming, costly USR process just because the ownership of the property changes, especially when the County
has clear criteria in place for when a USR expires.
•
3lPage
Polar Gas - Request to Remove Conditions
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behind the opaque fence. Proposed tanks will be to the right
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ooking east from the east edge of the USR boundary. Proposed tanks will go to east (right) of these trees. Trucks w
remain on road and access tanks using hoses.
is House not within the USR boundary.
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