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Home My WebLink About20102430.tiff HEARING CERTIFICATION DOCKET NO. 2010-47.A RE: 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 A public hearing was conducted on October 13, 2010, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair- EXCUSED Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner William F. Garcia Commissioner David E. Long - EXCUSED Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Lauren Light Public Works representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated August 20, 2010, and duly published August 25, 2010, in the Fort Lupton Press, a public hearing was conducted on October 6, 2010, to consider the request 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. At said hearing on October 6, 2010, the Board deemed it advisable to continue the matter to October 13, 2010, since the Planning Commission hearing had been continued to October 5, 2010. At said hearing on October 13, 2010, Bruce Barker, County Attorney, made this a matter of record. Chair Pro-Tem Kirkmeyer advised the applicant's representative, Nathan Reed, that he has the option of continuing this matter to a date when the full Board will be present. However, if he decides to proceed today, the matter will require three affirmative votes, or the matter will be deemed denied. Mr. Reed indicated he would like to proceed today. GC '. cis, PL, tai- 6 , pup ID 21 - ' D 2010-2430 PL2083 HEARING CERTIFICATION - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC (USR-1746) PAGE 2 Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He stated the site is located north of County Road 22, and east of County Road 39, and the proposed propane storage yard will contain up to six bullet tanks to be utilized during winter months when demand is high. He indicated the site is located within the three-mile referral area for the Town of Platteville and the City of Fort Lupton, and neither municipality expressed any concerns within referral responses. He further indicated the surrounding properties are agricultural in nature, with oil and gas encumbrances and support and service facilities, and several residential structures. He gave a brief description of the USR permits approved within the general vicinity, and confirmed there are eight surrounding property owners within 500 feet of the proposed facility. He indicated staff has received letters from two surrounding property owners, and several telephone calls from interested parties. He clarified a Screening Plan is required for all outdoor elements of storage, and the applicant has indicated the construction of an opaque fence, eight feet in height, will mitigate concerns. He stated fourteen referral agencies reviewed the application materials, and seven provided comments which have been addressed within the Conditions of Approval and Development Standards. Mr. Ogle indicated staff was able to come to agreement with the applicant concerning several outstanding issues during the Planning Commission hearing; however, two outstanding issues remained following the hearing, and the applicant has indicated one of the issues has been resolved. He displayed photographs of the site and the surrounding area, and confirmed the applicant has worked diligently to meet the Conditions of Approval and Development Standards. In response to Chair Pro-Tem Kirkmeyer, Mr. Ogle clarified the USR permit now encompasses the entire boundary of Lot A, which is 4.5 acres in size, and the residence on the site is now included within the USR boundary. Heidi Hansen, Department of Public Works, stated County Road 22 is classified as an arterial road, requiring 140 feet of right-of-way at full buildout, there is currently 60 feet of right-of-way available, and the most recent traffic count, taken in April, 2009, indicated a daily average of 1,209 vehicles. She further stated the applicant will continue to utilize the existing access, and a security gate will be set back from the roadway, in order to allow trucks to completely exit the road before stopping to unlock the gate. She referenced Section 22-5-100.B.3 and indicated the oil and gas operations shall use existing accesses for their activities, therefore, the Department requested that the applicant work with any affected companies to work out the necessary access concerns. She clarified the Planning Commission believed the wording proposed by the Department was too strong, and Condition of Approval #1.H was modified to state, "The applicant shall attempt to reach an agreement with the oil and gas companies concerning access." She indicated the applicant has worked to resolve this concern, and has been diligent to address other concerns. In response to Chair Pro-Tem Kirkmeyer, Ms. Hansen clarified the Department originally indicated the applicant must grant access to the oil and gas companies; however, the Planning Commission did not want the County to be placed in the middle of any agreement between the companies, and requested the language be modified to indicate the applicant must attempt to reach an agreement regarding access. She indicated if an agreement was attempted, but could not be finalized, then the applicant could be allowed to lock the gate and the oil and gas operators would be forced to find another method of access. Further responding to Chair Pro-Tem Kirkmeyer, Ms. Hansen confirmed this access also serves 2010-2430 PL2083 HEARING CERTIFICATION - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC (USR-1746) PAGE 3 the existing residence and she believes the applicant will be able to provide information regarding the progress made between the two parties since the Planning Commission hearing. Lauren Light, Department of Public Health and Environment, stated the applicant is not proposing any sanitary facilities on the site for the drivers, and since this is not a temporary use, permanent water and sewage disposal are required for the drivers. She confirmed there was a large amount of discussion concerning this matter at the Planning Commission hearing, and it was determined within that hearing that the use of restroom facilities within the Polar Gas offices, located approximately eleven miles from the site, will be acceptable, as referenced within Development Standard #12. She indicated the required Waste Handling and Dust Abatement Plans have been submitted, the access drive consists of recycled asphalt, and the remainder of the site contains native grasses. She further indicated the department has a copy of the application sent to the State for the registration of the propane tanks. She stated Development Standard #13 remains as an unresolved issue, since all septic systems must comply with Individual Sewage Disposal System (I.S.D.S.) Regulations and the Department only has a Statement of Existing for the septic system within the residence. She clarified the previous property owner indicated the septic system was installed sometime within the 1980's, and the issuance of a septic permit was required at that time for installation of the system; however, the required permit was not obtained. She further clarified the septic tank is a total of 500 gallons, which is undersized by 500 gallons since the minimum requirement is 1,000 gallons, and it is possible that the septic field may be undersized as well. She confirmed if the septic field is undersized by more than 20 percent, the size must be increased. Ms. Light indicated the applicant previously requested to add the word "new" to Development Standard #13, so that the septic requirements would apply for any new septic system installed on the property; however, the Planning Commission discussed this request and made the decision that the language within Development Standard #13 would remain as proposed. In response to Commissioner Garcia, Ms. Light confirmed the Board previously approved a facility near the Town of Grover which was authorized to allow the drivers and employees to utilize restroom facilities at a nearby office facility within the Town of Grover. Responding to Chair Pro-Tem Kirkmeyer, Ms. Light clarified the facility near the Town of Grover was a compressor station, and the A and W Water facility made the decision to utilize the restroom within the residence on the site. She confirmed this applicant also has the option of utilizing the restroom within the residence on the site; however, the applicant indicated they did not want to use these facilities, due the requirement of the review of the septic system by an engineer and possible expansion. In response to Commissioner Garcia, Ms. Light confirmed the noise levels are measured from the boundary of the property, and the maximum levels allowed within the Commercial Zone District are identical to the Residential Zone District. Mr. Reed represented the applicant and confirmed Polar Gas Front Range is a family-operated business which began as Reed Company, previously operated by his grandfather and then father. He indicated he and his brother now primarily operate the business and it has been headquartered within Weld County since the 1980's. He clarified the company is a retail propane provider, with the propane gas purchased at wholesale prices from oil and gas operators, and distributed to retail customers within Weld County and other communities along 2010-2430 PL2083 HEARING CERTIFICATION - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC (USR-1746) PAGE 4 the Front Range. He clarified 90 percent of the propane product is purchased from EnCana, and currently the product is stored and then delivered to customers on an as-needed basis. He indicated the largest users of propane gas are residential homeowners; however, the business also has several commercial customers, and an increasing amount has also been sold to industrial customers. Mr. Reed clarified there are old salt mines within the States of Texas and Kansas, where the propane product is stored, since the mines are able to store thousands of gallons; however, within Colorado, the only option for storage is in above-ground tanks. He indicated the biggest use of the propane is for residential heating purposes, and within winter months, the demand for propane quickly outpaces the supply; however, the production of the propane is the same on a year-round basis. He indicated the propane produced is currently shipped to the State of Kansas to be stored, and then it is shipped back to Colorado, at a large expense, when the demand increases. He clarified this proposed facility will help to avoid the expense of transporting the propane such a long distance, and will allow more product to be readily deliverable when demand increases. He stated he met with several of the surrounding property owners on August 5, 2010, and discussed the concerns regarding the proposed facility, including concerns expressed regarding visual impact. He indicated it is his intent to screen the site with an eight-foot privacy fence, which will be painted a neutral color, and the tanks on the site will be painted a neutral color as well. He confirmed the tanks will be dropped down on the site, and will not be visible after the addition of the fencing. Mr. Reed indicated safety concerns were also expressed at the meeting, especially concerning animals/livestock, and the potential for accidents on the site. He clarified the Platteville Fire Protection District toured the facility, and he is committed to following the provided guidelines for propane facilities. He confirmed the company has been making the necessary steps to be in compliance with the new industry regulations to be approved in 2011, and the company maintains an impeccable safety record. He further confirmed the State will also have to provide its approval of the facility, and the site will be required to be inspected on an annual basis. He indicated County Road 22 is a heavily travelled road, and there were concerns presented regarding the potential for additional truck traffic; however, the truck traffic within the area will not increase, and will actually decrease as a result of bringing propane to this site to be stored. He further indicated there were also concerns presented regarding the loss of property values; however, this site will be surrounded by a privacy fence, and the additional landscaping will actually help to improve the site and surrounding property values. He confirmed he does not want to damage the property in anyway, and it is his intention to keep it well-maintained. He indicated he understands this USR permit will only allow him to store propane on the site, and if any other uses are desired in the future, he will be required to complete the review process all over again. He reiterated the request for Development Standard #13 to be modified to state, "Any new septic system located on the property must comply with all provisions of the Weld County Code...". In response to Commissioner Conway, Mr. Reed clarified the hours of operation for delivery of the propane to customers are between 7:30 a.m., and 4:30 p.m., therefore, the provision of daylight hours for this facility is adequate. He confirmed there might be occasional instances in which it is necessary for a truck to access the site during night-time hours; therefore, the Department of Planning Services will be contacted any time this need arises. He further 2010-2430 PL2083 HEARING CERTIFICATION - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC (USR-1746) PAGE 5 confirmed he does not want to add lighting on the site because it will create light pollution for his neighbors. Responding to Chair Pro-Tern Kirkmeyer, Mr. Reed stated the Department has indicated notification of night-time events may be accomplished through an e-mail or telephone call to staff; however, he concurs with deleting the hours of operation in their entirety if that is the prerogative of the Board. Further responding to Chair Pro-Tem Kirkmeyer, Mr. Ogle confirmed staff will make a note in the file of any night-time requests received; however, the delivery of the propane product will only be allowed during daylight hours. He clarified the night-time events will be for the rare instance in which a truck bringing product from the State of Kansas does not arrive at the site in time to unload. Mr. Reed concurred and clarified it is not his intention to setup a retail distribution center at this location, and the night-time occurrences will only be for large transports, so that the truck does not have to wait at the site over-night. In response to Commissioner Conway, Mr. Reed confirmed it will be a very rare instance that a truck will need to make a delivery during night-time hours, and it is not his intention to allow night-time operations of any kind on the site. Responding to Commissioner Garcia, Mr. Reed confirmed the residence on the site is utilized as a personal office by his father during daylight hours, and this is the intended continued use of the residence. He further confirmed there will be no storage of vehicles on the site and the clientele served by this company is typically rural residences which rely on propane to provide heat, therefore, this business provides support for many agricultural properties. In response to Chair Pro-Tem Kirkmeyer, Mr. Reed confirmed the security gate is expected to be set back from the road by a distance of approximately 62 feet, which is outside of the future right-of-way required to be reserved. Ms. Hansen clarified if the road is expanded/widened in the future, it will be necessary for the gate to be moved farther back since the trucks coming to the facility have the requirement of completely exiting the road before stopping to unlock the gate. Mr. Reed concurred the gate will be moved back in the future if the road is widened. Chair Pro-Tem Kirkmeyer indicated any septic system currently in place is required to comply with the regulations of the Weld County Code, therefore, she is unsure as to why the applicant is requesting that the word "new" be inserted for Development Standard #13. Mr. Reed explained he was unaware of the situation with the septic system until the application was filed for this USR permit, and he is requesting that the current septic system be allowed to be utilized until it is determined that modifications to the septic system are necessary. Chair Pro-Tem Kirkmeyer indicated it is her understanding that the system is usable; however, any changes made to the septic system must comply with the provisions listed within the Weld County Code. David Bill, representative of Anadarko Petroleum, indicated his company has been working with the applicant concerning the existing access. He indicated if the applicant will state on record that the existing access will not be obstructed from use, then he will be willing to withdraw his previous objection. In response to Chair Pro-Tem Kirkmeyer, Mr. Bill indicated the parties have agreed to work out the specific details of the agreement together, and he does not have objections as long as there is access available for emergency purposes 24 hours per day. Responding to Commissioner Conway, Mr. Bill confirmed he is comfortable that the issues regarding access to the site will be worked out amicably. 2010-2430 PL2083 HEARING CERTIFICATION - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC (USR-1746) PAGE 6 Carol Gildea, surrounding property owner, indicated her property is located to the west, and her driveway is directly adjacent to the access to the proposed facility. She confirmed she has previously voiced her concerns to the applicant, including the safety of the horses on her property, she is concerned an explosion could occur, and she dislikes the idea of storing additional tanks on the site. She indicated she previously provided photographs for the record, and there are two very nice residences to the east of this site, with several more residences to the north, and she is not fond of staring at the new fence to be constructed on the property. She indicated it is not appropriate to place a cluster of tanks within a cluster of residences, and she expressed her concern regarding the effect this business will create for property values within the area. She further expressed her concerns regarding the proposed traffic, and she confirmed it is not a good idea to add even more trucks to a road which already has too much truck traffic. She indicated she received clarification at the last hearing that this use will not be temporary, and if the applicant sells the property at some point in the future, the next property owner will also be allowed to store propane on the site. Ms. Gildea confirmed she is opposed to the proposed facility, due to the concerns she presented; however, she does appreciate that the applicant is able to keep the site nicely landscaped. She referenced the Weld County Code, and confirmed she does not believe this proposed facility will be beneficial to the surrounding property values, or to the quality of life for the residents within the area. Commissioner Conway expressed his appreciation to Ms. Gildea for expressing her concerns and questioned whether any of her concerns have been mitigated by the applicant. In response, Ms. Gildea indicated the applicant has attempted to provide solutions, including the construction of the privacy fence; however, it does not change her opinion that this use is not appropriate for the area. In response to Chair Pro-Tem Kirkmeyer, Ms. Gildea indicated she is aware there are other USR permits in the surrounding area, and she confirmed she previously attended the hearing for Bartez, LLC, to voice objections. Responding to Chair Pro-Tem Kirkmeyer, Mr. Reed confirmed he is willing to work with Anadarko to reach a solution to provide access to the existing wells, 24 hours per day. He explained the tanks on the site will be located behind the existing barn, and they will be situated at least 200 feet from any property line, and over 500 feet from the closest residence. He confirmed the tanks are required to be located at least 50 feet from any building with electricity or from any property line. Further responding to Chair Pro-Tem Kirkmeyer, Mr. Reed clarified the setback requirements are the same for up to six tanks, and he is only requesting six tanks because he is trying to keep the site simple and compact. Mr. Reed further confirmed Ms. Gildea has been very cordial to work with, and it was agreed that a fence would be built to hide the tanks during the Planning Commission hearing, in order to minimize visual concerns. Responding to Chair Pro-Tem Kirkmeyer, Mr. Barker clarified most USR permits are transferrable to a successive property owner; however, there have been instances in which the Board has limited the USR permit to only the current property owner. He further clarified there was extensive discussion during the Planning Commission hearing regarding the concern of the USR permit not covering the entire property boundary, and it was determined that it was appropriate that if the entire property was included within the USR permit, the permit could transfer to a future property owner. Further responding to Chair Pro-Tem Kirkmeyer, Mr. Barker confirmed the USR boundary now contains the entire 4.5-acre parcel, 2010-2430 PL2083 HEARING CERTIFICATION - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC (USR-1746) PAGE 7 including the residence, and Mr. Ogle clarified Mr. Reed is a proportional owner of White Bear Management, LLC, which is the current property owner of record. Mickey Leyba-Farnsworth, Civil Resources, LLC, represented the applicant and requested clarification regarding Development Standard #13, as it is her understanding that the applicant will not be required to do anything with the septic system within the residence unless the applicant chooses to update/replace the system. Commissioner Conway indicated he concurs with the applicant's previous request to insert the word "new". Commissioner Garcia clarified any septic system already installed must comply with the provisions of the Weld County Code, not just newly installed systems. Chair Pro-Tem Kirkmeyer indicated if the current septic system fails, the applicant is required to bring the system into compliance with current regulations. Responding to Commissioner Conway, Ms. Light reiterated the current septic system serving the residence is not currently in compliance with Individual Sewage Disposal System (I.S.D.S.) Regulations found within the Weld County Code. She clarified the previous property owner provided the information that the septic system was installed in the year 1985; however, a septic permit was not obtained at that time. She further clarified the tank has a capacity of 500 gallons; however, the minimum allowed size is 1,000 gallons, and the applicant was not aware of the issues surrounding the septic system when he purchased the property. She indicated the applicant is requesting to include the word "new" within Development Standard #13 so that the current system will not be required to be reviewed. In response to Commissioner Garcia, Ms. Light confirmed the applicant has the option of not using the septic system, and the issue regarding the septic system was brought forward when the residence was included within the USR boundary, which was recommended by staff. Mr. Barker clarified the applicant also has the option of amending the Recorded Exemption, and dividing the lot to exclude the residence from the USR boundary. He confirmed the request for the addition of the word "new" to Development Standard #13 creates an inconsistency with Code requirements, and the septic system needs to be addressed because it is already out of compliance with the Weld County Code. In response to Commissioner Conway, Ms. Light indicated she does not intend to initiate a violation against the applicant for the septic system, since the matter was caught through the application for the USR permit. Following discussion among the Board, Ms. Light clarified the applicant utilizes the residence as a personal office, therefore, the septic system is allowed to be utilized by the applicant at this time; however, the septic system is required to be reviewed by an engineer if the applicant would like make the restrooms available to drivers. In response to Commissioner Conway, Ms. Light confirmed the tank will need to eventually be upgraded to the 1,000-gallon size, since that is the minimum size required, which has been the standard since the time the septic system was installed. Commissioner Garcia expressed his concerns regarding the use of the septic system and confirmed the applicant will be required to address improvements to the system in some capacity unless the septic system is completely closed off and abandoned. Chair Pro-Tem Kirkmeyer indicated the language within Condition of Approval #1.H, regarding the need to attempt to reach an agreement concerning access, needs to be modified to indicate the applicant will not obstruct access for the oil and gas companies. She confirmed the County 2010-2430 PL2083 HEARING CERTIFICATION - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC (USR-1746) PAGE 8 should not allow another access along County Road 22, and Commissioner Conway concurred. Responding to Chair Pro-Tem Kirkmeyer, Ms. Leyba-Farnsworth confirmed the applicant is willing to allow access to the oil and gas facilities on the site 24 hours per day. Following further discussion, the Board concurred with the amendment to Condition of Approval #1.H, as described by Chair Pro-Tem Kirkmeyer. In response to Chair Pro-Tern Kirkmeyer, Mr. Reed indicated he understands that the current septic system is out of compliance, and he has no choice but to bring the system into compliance. He indicated if he is required to install a new septic system, then he would like for employees to be able to utilize the restroom facilities within the residence; however, it is fine for the Resolution to continue to reference that restroom facilities are available at the office facility in Brighton. Chair Pro-Tem Kirkmeyer indicated Development Standard #12 will need to be modified if the applicant desires to allow employees to utilize the restroom within the residence. Ms. Light clarified if the applicant intends to allow employees to utilize the restroom within the residence, a commercial well permit will have to be obtained since the employees will be utilizing the water on the property. She confirmed if the well permit is changed to commercial, the applicant would then not be allowed to utilize the water on the site for landscaping uses. Mr. Reed confirmed it is not his desire to obtain a commercial well permit; therefore, the employees will be allowed to utilize the restrooms within the office facility, as previously agreed upon. In response to Ms. Leyba-Farnsworth, Ms. Light confirmed it is acceptable for the applicant to address the septic issue within the next 30-60 days. Mr. Reed clarified it will be hard for him to do the necessary improvements to the septic system since the winter months are quickly approaching and he has extensive costs involved with screening the site. He confirmed he understands the modifications must be made, and he intends to address staff's concerns; however, he will need more time to get everything done. Commissioner Conway indicated the septic system will not require improvements if the applicant chooses not to utilize the restroom facilities within the residence. Mr. Barker clarified today is the day that the Board is considering approval of the USR permit, and staff has indicated the site needs to come into compliance with I.S.D.S. Regulations, regardless of whether the septic system is intended to be utilized. He confirmed the Board needs to require the applicant to get the necessary improvements completed, and it is through the issuance of this USR permit that the Board should require the applicant to bring the septic system into compliance. Commissioner Conway explained the applicant raised a good point by mentioning the expenses he is already incurring to make other improvements on the site, and the fact that cold weather will soon arrive, which will make it hard to complete some of the necessary improvements. He indicated he is willing to allow the applicant additional time, until Spring, 2011, to complete the requirements for the septic system. He confirmed he understands the applicant is making other accommodations for the employees, and he believes the applicant will not abuse the use of the septic system. Chair Pro-Tem Kirkmeyer suggested the language within Development Standard #13 be modified to state, "The existing septic system shall not be utilized until such time, within one year, that the system is brought into compliance." She clarified the applicant should technically not be utilizing the septic system since it is not in compliance with the Weld 2010-2430 PL2083 HEARING CERTIFICATION - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC (USR-1746) PAGE 9 County Code. In response to Mr. Barker, Ms. Light clarified it is okay for the applicant to utilize the septic system; however, a more intense use is not allowed to be conducted. Responding to Chair Pro-Tem Kirkmeyer, Ms. Light clarified a vault system is only allowed to be utilized when a septic system cannot be constructed. Chair Pro-Tem Kirkmeyer clarified the applicant is allowed to continue to utilize the existing septic system within the residence; however, the septic system must be brought into compliance with I.S.D.S. Regulations within one year. Mr. Barker suggested the language for Development Standard #13 state, "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." He further suggested the language for Condition of Approval #1.H be modified to state, "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 Board concurred with the modifications, as described by Mr. Barker. In response to Chair Pro-Tem Kirkmeyer, Mr. Reed indicated he has reviewed, and concurs with, the Conditions of Approval and Development Standards, as modified. Commissioner Garcia expressed his appreciation to the applicant for his presentation, to Ms. Gildea for coming to express her concerns, and to Mr. Bill for speaking on behalf of Anadarko regarding the access concerns. He clarified this is a good application for a proposed facility and the services provided are utilized within the agricultural community and by rural residences. He further clarified the storage of propane on this site will save costs by reducing the amount of long-distance travel, and he is pleased the product which is produced locally will also be able to be stored locally. He confirmed he supports approval of the application and he sympathizes with the applicant that he was not aware of the issues concerning the septic system when the property was purchased; however, the Board is bound to require the applicant to bring the system into compliance. Commissioner Garcia moved to approve the request of White Bear Management, LLC, do 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, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. His motion included the modification of Condition of Approval #1.H to state, "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."; and the modification of Development Standard #13 to state, "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." The motion was seconded by Commissioner Conway and he expressed his appreciation to those in attendance for providing comments during today's hearing. He indicated he concurs that this is a good application, and this site will be providing a valuable service for Weld County residents. He 2010-2430 PL2083 HEARING CERTIFICATION - WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC (USR-1746) PAGE 10 expressed his appreciation to the applicant for his willingness to go above and beyond the requirements listed within the Resolution. He confirmed the company has been a good corporate citizen for the past 50 years, and he is pleased the company is making an investment within the community. Chair Pro-Tem Kirkmeyer indicated she is in support of the application as well, and she also appreciates the testimony provided by those in attendance today. She confirmed it is the responsibility of the Board to help mitigate concerns, and the applicant has truly done the best job possible in addressing the safety concerns presented. There being no further discussion, the motion carried unanimously and the hearing was completed at 11:55 a.m. This Certification was approved on the 18th day of October, 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:- ��.� EXCUSED �'� Dou•las Rademacher, C .it Weld County Clerk to the = ar. a ` - ` Y,' (j �F :arbara Kirkmeyer, P o-Tem Deputy Clerk to the B.r 3 0. e i t Sean P/�or William'F. Garcia EXCUSED David E. Long 2010-2430 PL2083 % 17( OS a - � C nn / � % 6 9 ® 22 c O 0 m5 ' / C 7 , ` y. } / \�_ , / c . % > ® C 2 § / ...+_ a o r‘ a w » d UI ö 2 \ � \ % IX P 2 ) U ha ( r c- o & j ; / % > 4 / N © \ � rG . j \ / / } � / y \ rA 2 2 IP � « i- f h IL®ii re p Ps c � A .. x § / ] 0 ) J / 0 Z | § Et 2 2 § > \ m I ( 2 : . \ ) f ) \ ? � Q $ § s » C� IL } / � ' � C. \ \ « o • u) 2 f • ®® - / / § § % uj 0 , � ~ IIIo § § \ ' � � � _ 0 a. EXHIBIT INVENTORY CONTROL SHEET Case USR #1746 -WHITE BEAR MANAGEMENT, LLC, C/O POLAR GAS FRONT RANGE, LLC Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes dated 10/05/2010) D. Planning Staff Certification and photo of sign posting E. Gilden Two photos E-mail of objection from Anadarko Petroleum, dated F. Planning Staff 10/11/2010 Letter from Kerr-McGee Oil and Gas OnShore, dated G. Applicant 10/11/2010 H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello