HomeMy WebLinkAbout20102416.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1746 FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR 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 PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISION IN THE A (AGRICULTURAL) ZONE
DISTRICT - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE,
LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 6th day of
October, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of White Bear Management, LLC, P.O Box 1183, Brighton, Colorado
80601, c/o Polar Gas Front Range, LLC, P.O. Box 680, Frederick, Colorado 80530, for a Site
Specific Development Plan and Use by Special Review Permit #1746 for any Use Permitted as
a Use by Right, Accessory Use, or 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 part of a map or plan filed prior to adoption of any
regulations controlling subdivision in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #828; being part of
the SW1/4 of Section 9, Township 2 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on October 6, 2010, the matter was continued to
October 13, 2010, to allow adequate time for completion of the corresponding paperwork from
the Planning Commission hearing continued to October 5, 2010, and
WHEREAS, at said hearing on October 13, 2010, the applicant was represented by
Nathan Reed, Polar Gas Front Range, LLC, and Mickey Leyba-Farnsworth, Civil Resources,
LLC, 323 Fifth Street, Frederick, Colorado 80530, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
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SPECIAL REVIEW PERMIT #1746 - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS
FRONT RANGE, LLC
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and all other applicable code provisions or ordinance in effect.
Section 22-2-20.G.1 (A.Policy 7.1) states, "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." Section 22-2-20.G.2 (A.Policy 7.2) states,
"Conversion of agricultural land to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is in an
area that can support such development, and should attempt to be
compatible with the region." Section 22-2-20.B.2 (A.Policy 2.2) states,
"Allow commercial and industrial uses, which are directly related to, or
dependent upon, agriculture, to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated and where
adequate services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be encouraged
to locate in areas that minimize the removal of agricultural land from
production." Section 22-2-80.F.2 (I.Goal 6) states, "Minimize the
incompatibilities that occur between industrial uses and surrounding
properties," and Section 22-2-80.F (I.Policy 6.2) states, "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 properties 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 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.R allows for any use
permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (propane storage and service
yard), provided that the property is not a lot in an approved or recorded
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subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions. Section 23-3-40.A allows for Mineral
Resource Development Facilities including, Oil and Gas Storage
Facilities, as a Use by Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.B.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. Two letters
have been received from an adjacent property owner and several
telephone calls have been received from interested parties. A Screening
Plan will be required for all elements of outside storage from public
rights-of-way and adjacent properties, as required in
Section 23-3-250.A.9, and the applicant has indicated an eight (8) foot
opaque fence will be installed to mitigate this concern. The applicant has
also indicated that the on-site operations will be from Monday through
Friday, during daylight hours only. The Conditions of Approval and
Development Standards will ensure compatibility with adjacent properties.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The subject property is within the three-mile referral area
for the Town of Platteville and the City of Fort Lupton. The Town of
Platteville, in the referral response dated June 16, 2010, indicated no
conflict with its interests; and the City of Fort Lupton did not respond to
the referral request.
e. Section 23-2-230.B.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-Wide Road
Impact Fee Program. 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
Programs.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is an urbanized four-acre recorded exemption
parcel and is not conducive to agricultural production.
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g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare, of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of White Bear Management, LLC, c/o Polar Gas
Front Range, LLC, for a Site Specific Development Plan and Use by Special Review
Permit#1746 for any Use Permitted as a Use by Right, Accessory Use, or 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 part of
a map or plan filed prior to adoption of any regulations controlling subdivision in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall 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 to the Weld County
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 to the Weld County Department of
Planning Services.
C. The applicant shall provide evidence to the Department of Planning
Services that all non-commercial junkyard items located on the property
are screened from all adjacent properties and public rights-of-way, or
have been removed from the property.
D. The applicant shall submit a Lighting Plan, for review and approval, to the
Department of Planning Services.
E. The applicant shall submit a Screening Plan, for review and approval, to
the Department of Planning Services.
F. The applicant shall submit an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
collateral for all transportation and non-transportation improvements, as
required. The agreement and form of collateral shall be reviewed by
County staff and accepted by the Board of County Commissioners, prior
to recording the Use by Special Review plat. Alternately, the applicant
may submit evidence that all the work has been completed and approved
by the Departments of Planning Services and Public Works.
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G. The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
H. The applicant shall allow access to the site, through an existing access, to
oil and gas operators, 24 hours per day, seven days per week.
The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The applicant shall include all lands described as Lot A of RE-828;
part of the SW1/4 of Section 9, Township 2 North, Range 66 West
of the 6th P.M., Weld County, Colorado, 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
Section 30-28-101(10)(a), C.R.S., which defines the term
"subdivision" or "subdivided land". It states the following:
"'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 USR Permit (USR-1746) is White
Bear Management, LLC, dba Polar Gas Front Range, LLC. The
area associated with the USR 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.
3) The approved Screening Plan.
4) The location of the screened dumpster for wastes generated on
the site.
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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.
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 the site.
2. One month prior to construction activities:
A. A Stormwater Discharge Permit, if required, for the development/
construction site where a contiguous or non-contiguous land disturbance
is greater than, or equal to, one acre in area. The applicant shall contact
the Water Quality Control Division of the Colorado Department of Public
Health and Environment at www.cdphe.state.co.us/wg/PermitsUnit for
more information.
3. Upon completion of Condition of Approval #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 the Department of Planning Services. 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.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of October, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /� ' J .& EXCUSED
J/ • " ` � �� \`Doug las Rademach r, hair
Weld County Clerk to the 'far. '. •
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,/ ' <d arbara Kirkmeyer Pro-Tem
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BY: , . .�:�' ,
Deputy Clerk to the Boar' JU1 I / Cr
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Wil . m /Garcia
Co y Attorney EXCUSED
David E. Long
Date of signature: /V/.2/i
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WHITE BEAR MANAGEMENT, LLC
C/O POLAR GAS FRONT RANGE, LLC
USR#1746
1. A Site Specific Development Plan and Use by Special Review Permit #1746 is for any
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (propane gas storage and service yard),
provided that the property is not a lot in an approved or recorded subdivision plat or lots
part of a map or plan filed prior to adoption of any regulations controlling subdivision in
the A (Agricultural) Zone District, and is subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are daylight hours only and may be extended with notice to the
Weld County Department of Planning Services.
4. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner which protects against surface and groundwater contamination.
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
6. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
7. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
8. The applicant shall comply with all provisions of the Liquefied Petroleum Gas
Regulations (7 ccr 1101-15), as applicable.
9. The facility shall be operated in a manner to prevent odors. Odors detected off the 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 the 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.
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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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-20 of the Weld County Code.
12. Adequate drinking, hand washing, and toilet facilities shall be provided for personnel at
the Company Office located at 12576 County Road 2.25, Brighton, Colorado.
13. The septic system within the residence shall be brought into compliance with provisions
of the Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations, within one year from the date of the recording of the plat.
14. All potentially hazardous chemicals must be stored and handled in a safe manner, in
accordance with product labeling, and in a manner which minimizes the release of
hazardous air pollutants and volatile organic compounds.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
17. The access drive shall be surfaced with gravel, recycled asphalt, or the equivalent, and
shall be graded to prevent drainage problems.
18. There shall be no staging of vehicles/trucks on Weld County roads.
19. The security gate is shown within the future right-of-way for County Road 22. If, in the
future, County Road 22 expands, the applicant will be responsible for moving the
security gate outside of the right-of-way.
20. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds. All
vegetation, other than grasses, shall be maintained at a maximum height of twelve (12)
inches, until the area is completely developed.
21. Weld County is not responsible for the maintenance of drainage related features.
22. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
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23. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
24. Exterior lighting will be a part of this facility; all light standards shall be in accordance
with Section 23-3-250.6.6 of the Weld County Code.
25. The applicant shall adhere to the approved Screening Plan.
26. A building permit shall be obtained prior to the construction of any building.
27. A plan review is required for each unit for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. The applicant shall include a
Code Analysis Data sheet from the Weld County Department of Building Inspection, with
each building permit.
28. Buildings shall conform to the requirements of the various codes adopted at the time of
the permit application. Currently, the following have 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 National Electric Code; 2003 International ANSI 117.1 Accessibility
Code, and Chapter 29 of the Weld County Code.
29. Building height shall be measured in accordance with the 2006 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. When measuring 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.
30. All building plans shall be submitted to the Platteville-Gilcrest Fire Protection District, for
review and approval, prior to issuance of building permits.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with
the Development Standards stated herein, and all applicable Weld County regulations.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
35. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
36. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
37. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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