HomeMy WebLinkAbout2.0 Staff Report BOCC 10.16.2017Board of County Commissioners - Public Hearing Exhibits
Pro Gas LLC - Bulk Sales of ProPane
Limited lmpact Review (File LIPA-06-17-8562)
October 16,2Q17
Exhibit DescriptionExhibit
Number
Public Notice lnformation1
Proof of Publication2
from Maili Notice3
P hoto id nce of Public N oticeeve4
Garfield Cou Land Use and Develo as amended5
6
7
Com rehensive Plan of 2030
Staff Presentation
Garfield Cou
ication
Staff8
I
Referral Comments from Kent Kuster, Colorado Department of Public
Dated Au ust 16 2016Health and Enviro
10
Referral Comments from Scott Simmons, Colorado Division of Oil &
11 2017Petroleum P m DatedPublic
11
Referral Comments from Robert Ferguson,Grand Valley Fire
Protection District 2017dated Au ust 14
12
Referral Comments from Scott Hoyer,Colorado Parks and Wildlife,
dated st 17 2017
13
from Chris Hale, Mountain Cross Engineering,Referral Comments
Dated st 31 2017
14
Referral Comments from Dan Goin, Garfield County Road and Bridge,
2017dated
15
Referral Comments from De rek Boer, Colorado Department of Public
Health and Environment dated 2417Aust 25
16
Referral Comments from Morgan Hill, Garfield County Public Health,
r1 2417Dated Se
17
Pu b lic Comme nt from Ande Rasmussen Dated rô 201718
Accepting Public Rights-of-Way in TravelersResolution 05-05
H land Subdivision
19
Subdivision Public lmprovements District Rules
and Regulations for the District and Bylaws for the Board of Directors
Travelers Highlands
of the District
2Q
21 Additional Referral Comments from Robert Ferguson, Grand ValleY
dated October 2 2017Fire Protection D
Garfield County CommunitY Development Waivers for Roads and
Demonstration of C iance - Pol 01-14
22
Distance to Roads from Propane Storage Tank - Applicant Site Plan
Received October 11 2CI17U
23
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ItoEöa t
BOCC 10-16-17
File No LIPA-06-17-8562
PW
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Land Use Change Permit - Limited lmpact
Review for Bulk Sales of LPG and CNG
APPLICANT _ PROPERTY OWNER Pro Gas LLC
ASSESSOR 'S PARCEL #2409-284-01-009, 2409-284-01-007, 2409-
284-01 -005, and 2409-284-0 1 -008.
PROPERTY SIZE 689 acres
LOCATION The property is located approximately 2 miles
south west of the Town of Parachute off of
Highway 6 & 24 on private streets within the
Travelers Highlands Subdivision. The site is
located in Section 28, T7S, R96W of the 6th
p.m.
ACCESS The facility is accessed otf of Highway 6 & 24
on internal subdivision roads.
EXISTING ZONING The property is zoned lndustrial
I. GENERAL PROJECT DESCRIPTION
The Applicant is requesting a Limited lmpact Review for Bulk Sales of Propane located
in the Travelers Highlands Subdivision on a .689 acre parcel. To accommodate the
proposed use and meet required setbacks, the Applicant has submitted an Amended
Final Plat Application to combine the multiple parcels into one. The facility is proposed
to include one 30,000 gallon propane tank as well as the storage of other smaller
propane tanks (100-1000 gallons). The facility is not to be open to the public. The
property will be accessed off Highway 6 & 24, and internal subdivision roads. The
Applicant has provided the following description of the facility:
Pro Gas LLC is a company that provides propane to commercial and residential
customers. Their main operations are located in Loma, Colorado and with a
growing demand for propane delivery services in Garfield County, purchased the
0.69-acre property in the Travelers Highland Subdivision to install a 30,0O0-gallon
propane and tank storage area for their residential and commercial propane
L
customers. The facility would not be open to the public and there are no sales of
propane that would occur at this location. Pro-Gas employees will access the site
to fill their local service delivery trucks and are routed out to fill propane tanks for
their customers. The site will not be manned and will not have any type of office.
A copy of the proposed site plan for the facility has been included as Attachment
C to this report. Pro Gas LLC indicates propane sales run seasonally with peak
operations taking place from December thru March. During this peak period, Pro
Gas anticipated bulk tank will be filled on a biweekly basis using a semi-truck and
trailer WB-50). Local deliveries by Pro Gas to residential and commercial
customers will occur on a daily basis using one (1) bobtail.
Vicinity Map
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II, LOCATION . SITE DESCRIPTION
The property is currently vacant and located in an lndustrial zone district. The
site is generally flat with limited vegetation.
III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS
Public Notice was provided for the Board's public hearing in accordance with the Garfield
County Land Use and Development Code, as amended. One public comment was
received on this application. The public comment, from a neighboring property owner,
expressed concerns about effects on property value, incorrect setbacks in the state
application, danger from propane vapors, and access effects on a northern neighbor.
This comment is included as Exhibit 18 in its entirety. Comments from referral agencies
and County Departments are summarized below and attached as Exhibits.
1. Kent Kuster - Colorado Department of Public Health and Environment, Referral
Comments dated August 16,2017 (Exhibit 10)
o Recommended that the contractor comply with all state and federal
environmental rules and regulations
2. Scott Simmons - Colorado Division of Oil & Public Safety Petroleum Program,
dated August 11,2017 (Exhibit 11). Stated that the company had already applied and received a permit to
install and operate the propane facility
. Commented specifically on the storage of empty smaller propane tanks
onsite and how they would need to be stored in a manner consistent with
NFPA 58. Commented that he had no issues with the application
3. Robert Ferguson - Grand Valley Fire Protection District, dated August 14,2017
(Exhibit 12). No objections to the application
4. Scott Hoyer - Colorado Parks and Wildlife, dated August 17 ,2017 (Exhibit 13)
r CPW does not anticipate any negative impacts to wildlife resulting from the
proposed activitY.
5. Dan Goin - Garfield County Road and Bridge, dated August 23,2017 (Exhibit 15)
o Travelers Highlands is in a private industrial park so the applicant does not
need approvalfrom Road and Bridge
6. Derek Boer - Colorado Department of Public Health and Environment, dated
August 25,2017 (Exhibit 16)
4
There are hazardous substances reporting requirements for a facility like
the one proposed. Those aren't required until the hazardous substances
are on site.
7 . Chris Hale - Mountain Cross Engineering, dated August 31, 2017 (Exhibit 14)
o The applicant should verify that the Fire Chief does not need fire flow water
for the project location.o The traffic study focuses on the CDOT roads. The Applicant should discuss
how the internal roads compare to the minimum roadway standards of
Garfield County. The tank plans call for soil bearing pressures of greater than 2,000 psf. The
geotechnical report limits the allowable pressures to 1,500 psf. The
Applicant will need to address this discrepancy.
8. Morgan Hill - Garfield County Public Health, Dated September 6,2017 (Exhibit
17)e Recommends that the applicant regularly check the tank, valves, and pipes
to ensure there are not leaks that could be causing emissions of volatile
organic compounds.o Dust control measures should be applied to reduce particulate matter
emissions.o Truck drivers should limit idling time on site
9. Robert Ferguson - Grand Valley Fire Protection District, dated October 2,2017
(Exhibit 21)o As a follow-up to County designate engineering comments Mr. Ferguson
said any water needed for a fire at this location would be brought in with
water tenders and use the Colorado River as the main water source.
Referral comments were also sent to Garfield County Emergency Management, Garfield
County Vegetation Manager, CDOT, and Town of Parachute. No responses were
received from those agencies.
IV. STAFF COMMENTS AND ANALYSIS
The Applicant has provided detailed responses to the Submittal Requirements and
applicable sections of Article 7, Divisions 1, 2, and 3, Standards. The Application
materials include an lmpact Analysis and related consultant reports, technical studies,
and plans.
7-101 : Zone District Requlations
The proposed use demonstrates general conformance with applicable Zone District
provisions contained in the Land Use and Development Code. ln particular, the
Amended Final Plat that the applicant has applied for to accommodate the use, will
5
create a parcel that meets minimum lot size requirements in the lndustrial zone district
Currently the parcels do not meet the lot size requirement.
7-102 Compreh ensive Plan and Interoovernme ntalAoreement
The Comprehensive Plan 2030 designates the site Industrial and in a Rural Employment
Center. Excerpts from the Comprehensive Plan of 2030 are below.
Gartied County Comprehensive Plan of 2030
Chapter 3 - Economics, Employment and Tourism
3. Gartied County willencourage the development of a diversified industrialbase
recognizing physicat tocation-to-market capabilities of the community, and the
social and environmental impacts of industrial uses.
Lmo Uss
De¡m¡*mcr D¡ecnlpnon totrmr¡¡m Zo¡uc
lndusbial(l)lndoor manufacturing, outdoor equiprnenl
stcrãga, business parks, energy processing
and uses that prpduce odor, noise, light, and/or
emissions.
lndustrial(l)
Planned Unit Development
{PUD)
Density of residential uses: None
Example:
6
Lr¡¡o U¡c
Dmror¡rnol D¡lcn¡ntu¡Gmrrm¡ &mno
Rural
Employment
Genter
*
$mall arees adjacent to maþr roadways that
allow I þht industrial. manufacturing, equipment
storage, and incidental retailsales" This
designalion also includes residential uses for
employees of the business tn the proBerty, such
as livešork housing.
Commercial General {CG}
Indusïial{ll
Flanned Unit Development {PUÞ}
Dens¡ty of residential uses: Þetermined by rev¡Ëdi,
Example
{iul.tr'È=:
The use fits in the Comprehensive Plan's Land Use Designation of lndustrial and the
Rural Employment Center Land Use designation. lt Staffs opinion is that the project is
in general conformance with the Comprehensive Plan.
7-103 Compatibility
The Applicant has also provided information describing the character of the area and
adjacent land uses. The request demonstrates general compatibility with adjoining uses
thát are primarily light industrial. The impacts of the proposed propane storage and
distribution facility are s¡milar to uses on other parcels within the Travelers Highlands
Subdivision. The applicant has made the following description of adjacent property uses:
Adjacent Land Use. Adjacent land use is commercial and industrial with the
immediately adjacent to the property to the northeast is vacant. The land to the
northwest is lnterstate 70. The land to the southeast is industrialwelding services
LLC. The land to the southwest is vacant.
7-104: Source of Water
The Applicant has represented that the facility will be unmanned. As a result, the
Applicant has provided the following information:
Applicant requests a waiver of the Water Supply Plan Submittal
Requirement. There will be no full time personnel on the site and those
personnel accessing the site will be arriving by their truck to fill with
7
propane and will leave once that process is completed. Personnel will
be spending minimal time at the site and drivers will have access to
bottled water. There is no current access to water at the site and there
is no need for any water at the site for the proposed use. Any water
required for fire safety is covered in the Fire Safety Analysis.
Waiver of Submission Requirements: Like many approved oil and gas
sites, the nature of this project supports that there is no need for water
at the site. The project is relatively small in nature with few personnel on
site (see traffic study for anticipated daily traffic) and the project is simple
in that the drivers will arrive on site, fill their truck with propane and leave
the site to deliver the propane as quickly as possible. There are no
additional anticipated impacts on the site or surrounding area except as
otherwise described in this application. The proposed use fits within the
existing conditions and uses of the subdivision and a waiver would not
compromise a proper and complete review as water is just not
necessary for this use. The scope of the proposal is described otherwise
within the application and submittal of a water plan is not material to
determination of compliance of this proposed use.
Waiver of Standards Requirements: The alternative proposed is that
personnel will be supplied access to bottled water for drinking purposes.
This alternative is sufficient to meet the standard due to the scope of the
proposed use and the small amount of time that personnel will be on
site. This alternative actually imposes lesser impacts on adjacent
properties as no water system will be installed therefore creating no
impact whatsoever to the subject site and surrounding properties.
Garfield County Public Health reviewed the waiver request and responded
(Exhibit 17):
[...] we support approval of the waivers for adequate water and
wastewater to be supplied on-site given the very temporary nature of
employee's time spent at the site. ln effort to reduce waste, employees
should use reusable bottles for drinking water rather than purchasing
single-use water bottles when possible.
As the site is proposed to be unmanned, it is Staff's opinion that the Code allows for the
facility to not have permanent water located onsite per SectionT-104.
7-105: Waste Water Systems
The Applicant has represented that the facility will be unmanned. As a result, the
Applicant has provided the following information:
8
Applicant requests a waiver of the Wastewater Treatment Plan
Submittal Requirement. There will be no full time personnel on the site
and those personnel accessing the site will be arriving by their truck to
fill with propane and will leave once that process is completed.
Personnel will be spending minimal time at the site. There is no current
wastewater system at the site and there is no need for any wastewater
treatment for the ProPosed use.
Waiver of Submission Requirements: Similar to the need for no water,
the nature of this project supports that there is no need for a wastewater
treatment plan at the site. The project is relatively small in nature with
few personnel on site (see traffic study for anticipated daily traffic) and
the project is simple in that the drivers will arrive on site, fill their truck
with propane and leave the site to deliver the propane as quickly as
possible. There are no additional anticipated impacts on the site or
surrounding area except as otherwise described in this application. The
proposed use fits within the existing conditions and previous uses of the
site and a waiver would not compromise a proper and complete review
as a wastewater treatment plan is just not necessary for this use. The
scope of the proposal is described otherwise within the application and
submittal of a wastewater treatment plan is not material to determination
of compliance of this proposed use.
Garfield County Public Health reviewed the waiver request and responded
(Exhibit 17):
[...] we support approval of the waivers for adequate water and
wastewater to be supplied on-site given the very temporary nature of
employee's time sPent at the site.
As the site is proposed to be unmanned and a water source is not proposed for the use,
it is Staff's opinion that the Code allows for the facility to not have permanent wastewater
treatment located onsite per SectionT-105.
7-106: Public Utilities
The Applicant has demonstrated that adequate public utilities will be available to serve
the proposed use.
7-107: Access &
Access to the property is from State Highway 6 & 24, onto private roads within the
Travelers Highlands subdivision. The applicant has provided a traffic analysis. lncluded
in the analysis is:
9
Pro Gas LLC estimates they would have a total of one (1) vehicle trips per day to
the facility. The trip will generally occur in the morning hours between 7:00-8:00
AM as delivery trucks enter the facility to fill their delivery service truck then head
out for deliveries.
The hourly traffic volumes on Highway 6 & 24, according to the CDOT data,
indicates the peak hour traffic volume during the 7:00 - 8:00 period at 29 vehicles.
Adding one additional trips to this state highway will have no impact on traffic
operations.
A two-lane roadway with left turn lanes has a capacity of approximately 16,000
vehicles per day. The CDOT 2016 ADT for State Highway 6 &24 is 580 vehicles
per day with 19o/o of the volume being heavy trucks. The2037, the ADT increases
to 1,366 vehicles. Therefore, adding and additional one trip on this roadway will
have an insignificant increase in traffic volume and capacity.
The intersection of State Highway 6 & 24 and 4th StreeUStone Quarry Road was
upgraded in 2011 to include auxillary lane and access radius improvements, all
of which meet current CDOT design standards, including provisions for heavy
truck traffic trips.
A WB-50 vehicle turning template for the site has been modelled using AutoTURN
v 7.0 software for the project site access locations on 4th Street and Scarrow
Avenue. The existing roadways can adequately accommodate the anticipated
vehicles.
The applicant's traffic study substantially addressed CDOT roads. There was a much
smaller focus on the internal roads. While the applicant did state that the roads were
adequate for the proposed use, they did not detail whether or not they met Garfield
County Roadway Standards as detailed in Table 7-107 of the Land Use and
Development Code. The County designated engineer supplied a comment that stated,
The traffic study focuses on the CDOT roads. The Applicant should discuss how
the internal roads compare to the minimum roadway standards of Garfield County.
Staff recommends a Condition of Approval that the Applicant supplies information that
the roads, from CDOT right-of-way, to the proposed use, meet County Roadway
Standards as detailed in Table 7-107. lf it is found that the roads do not meet those
standards, the applicant shall either bring the roads up to those standards, or submit a
Roadway Waiver pursuant to Garfield County Community Development Policy 01-14.
7-108: Natural Hazards
The applicant provided the following in response to the Natural Hazards section
10
Applicant knows of no natural or geologic hazards on the subject property that
would hinder the proposed use.
The avaitable Garfield County Hazards Mapping does not show any hazards on the site.
However, the applicant has identified some potential soil issues through a supplied
Geotechnical Report. The report analyzed.the soil conditions, on site and discussed
recommendations based on the results of the subsurface investigation. The report
included the statement:
The recommendations contained herein are designed to reduce the risk and
magnitude of structural movements and it is extremely critical that ALL of the
recommendations herein be applied to the design and construction.
The County designated engineer reviewed the geotechnical report in conjunction with
the tank plans and noted a discrepancy. His comment stated:
The tank plans call for soil bearing pressures of greater than 2,000 psf. The
geotechnical report limits the allowable pressures to 1,500 psf. The Applicant will
need to address this discrepancy.
Staff has included a suggested condition of approval that the construction of the tanks
shall be conducted in accordance with the recommendations of the Huddleston-Berry
Engineering & Testing, LLC, geotechnical report. Additionally staff included a suggested
condition of approval that the applicant address the discrepancy between the
geotechnical report and the tank plans to the satisfaction of the County designated
engineer and the Community Development Department.
7-109: Fire Protection
The application provides the following representation regarding fire protection:
7-1Og - Fire Protection. Adequate fire protection shall be provided pursuant to
the Fire Safety Analysis Manual for LP-Gas Storage Facilities and all State and
Federal laws and regulations applicable to the proposed use. State and Federal
regulations require that there be no combustible materials within 50 feet of the
tank so there will be nothing within that area that could be a fire hazard. The
Parachute & Rural Fire Protection District has approved this site for propane
storage.
The County designated engineer supplied a comment with regards to fire protection. He
stated (Exhibit 14):
The Applicant should verify that the Fire Chief does not need fire flow water for
the project location. The Applicant discuss potable water as not being necessary
but does not mention if water for firefighting will be.
TL
As part of the review, the Application was referred to the Grand Valley Fire Protection
District (Exhibit 12). Rob Ferguson, provided the following referral comments:
Grand Valley Fire does not have any objections to the Travelers Highland
Propane Storage moving fonryard. I have spoken with Mr. Brach about this facility
previously. I do not have any concerns with this business or property.
ln response to a follow-up with staff to address the County designated engineer's
comments, Rob Ferguson stated (Exhibit 2l):
For the area where the property is if an incident were to happen the location would
not be able to even come close for the amount of water needed, as well as we
usually will just let propane burn off and not extinguish the fire. lf we need water
at this location, we will bring it in with water tenders and use the Colorado River
as the main water source. Hope that clears up any questions'
It is staff's opinion that this second referral comment from Grand Valley Fire Protection
District adequately addresses the County designated engineer's comments. As such it
is staff's opinion that adequate fire protection will be provided to the site.
7-201: Aori ural Lands
The application provides the following information on the surrounding land uses:
Adjacent land use is commercial and industrial with the immediately adjacent to
the property to the northeast is vacant. The land to the northwest is Interstate
70. The land to the southeast is industrial welding services LLC. The land to the
southwest is vacant.
The site itself is not used for agriculture and as a result little to no impacts on agricultural
activities are expected.
7-202: Wildlife H Areas
The applicant has provided the following representation regarding wildlife habitat:
The subject property is within a developed industrial subdivision. There will be
no further wildlife disturbance.
The application was referred to Colorado Parks and Wildlife who stated:
The proposed parcel is located within an already developed area that is heavily
disturbed by existing land uses. Additionally, the application states that the
applicant anticipates only one truck per day accessing the facility. Due to these
L2
factors, CPW does not anticipate any negative impacts to wildlife resulting from
the proposed activity. There are no recommendations at this time for the
applicant to avoid and/or reduce impacts.
Based on the prior disturbance of the property, it is unlikely that significantly adverse
impacts will occur as a result of this development. lt is staffs opinion that impacts to
wildlife will be limited.
7-203: Protection of Water Bodies
The applicant stated, "There are no water bodies near the subject property." During
review and the site visit, staff did not identify any water bodies on the site. lt is staffs
opinion that the project is compliant with this section.
7-204: Drainaqe and Erosion
The applicant responded to this standard by stating, "The subject will be graded to
provide a site for the propane tank and a driveway. All weeds and debris will be removed.
Erosion protection will be in place."
The Applicant has provided a drainage plan for the site. This plan has been reviewed by
the County designated engineer. No additional comments were generated as a result of
this review and as a result, the drainage plan as submitted appears to be satisfactory.
7-2O5: Environ mental Oualitv
The 30,000 gallon propane tank has the potentialto cause environmental damage in the
case of a leak or other damage to the tank. As part of addressing any potential leaks,
the applicant has provided a description of how any potential complaints will be handled.
The applicant has provided the following statement regarding environmental quality.
Air and water quality will be maintained pursuant to the Operations and
Maintenance Handbook for LP-Gas Bulk Storage Facilities, Pamphlet 58 and all
State and Federal laws and regulations applicable to the proposed use. lf propane
was to leak, it disseminates and evaporates quickly in to the air. There would be
no impact on air or water quality. The Operations and Maintenance Handbook for
LP-Gas Bulk Storage Facilities is attached. One hard copy of Pamphlet 58 is
included in this application.
The application has been reviewed by the Fire District for safety concerns. lt
has also been reviewed and approved by the Colorado Department of Labor
and Employment - Division of Oil and Public Safety Compliance Section. In
their referral comments they stated (Exhibit 11):
13
This company has applied to the division of oil and public safety for, and has
received a perrnit to install and operate a 30,000 gallon bulk LPG storage
container as a propane bulk plant. The division has no issues or concerns with
this application.
The application included a copy of the state permit for the LP-Gas lnstallation
Application. A public comment addressing this permit questioned whether the distance
represented from the roads to the container were correct (Exhibit 18). Staff review
showed that there was a discrepancy between the state approved permit and the site
plan that was submitted to the County, particularly with regards to the distance from the
north western property line to the storage container and the south eastern property line
to the storage container. A suggested condition of approval has been included that the
applicant address this discrepancy.
ln a follow-up email discussing the applicant's plan to store other smaller propane
tanks on site, the Division of Oil and Public Safety responded (Exhibit 11):
No issues there, as this would be a part of normal bulk plant operations. ln
general these containers would contain no more than 5%, and would be on site
for repairs, orwaiting to be delivered to customer sites. Also there would probably
be new containers containing no propane for the same reason. There is no
installation permitting needed for this type of container storage. Obviously these
containers would need to be placed in a safe manner consistent with NFPA 58,
and we would inspect for that on our routine inspections'
The application was also fonruarded to Colorado Department of Public Health and
Environment for review. They responded (Exhibit 10):
The Colorado Department of Public Health and Environment has no comment on
the Travelers Highlands Propane Storage File No.L|PA-06-17-8562. However,
we do recommend that the contractor comply with all state and federal
environmental rules and regulations. This may require obtaining a permit for
certain regulated activities before emitting or discharging a pollutant into
the air or water, dispose of hazardous waste, or engaging in certain regulated
activities.
Additionally, Derek Boer, a Pollution Prevention Specialist for the Colorado Department
of Public Health and Environment responded (Exhibit 16):
There arehazardous substances reporting requirements for a facility like the one
proposed under the Emergency Planning and Community Right to Know Act
(EPCRA) that we, Garfield LEPC, and local fire would receive and regulate.
Those aren't required until the hazardous substances are on site.
L4
Given the responses from Colorado Department of Public Health and Environment, staff
has included a suggested condition of approval that the applicant comply with all federal
and state regulations.
Garfield County Public Health reviewed the application and responded with the following
comments (Exhibit 17):
1. We recommend that the operator of the facility regularly check the tank,
valves, and pipes to ensure there are not leaks that could be causing
emissions of volatile organic compounds. This should also be followed when
propane is being distributed to trucks. While propane is not considered a
hazardous air pollutant, it does contribute to local ozone formation.
2. Because the applicant's property and surrounding roads are dirt, dust control
measures should be applied to reduce particulate matter emissions.
3. Truck drivers should limit vehicle idling while filling their tanks at the site.
Staff has included suggested Conditions of Approval that will address Garfield County
Public Health's operational concerns with the site.
Considering these referral responses, it is staff's opinion that possible Environmental
Quality concerns can be addressed.
7-206: Wi re Hazards
Wildfire Susceptibility mapping from the Garfield County Community Wildfire Protection
PIan shows the property has a "Moderate" level of wildland fire susceptibility. The
applicant will be required to adhere to any State and Federal regulations with regards to
the use on site.
7-207 Natural and Geoloqic Hazards
See Section 7-108, above
7-208 n
As this site is already disturbed and, a reclamation plan is not necessary. The application
was referred to the Garfield County Vegetation Manager who did not supply any referral
comments. The applicant has represented that "Any removal of the propane tank will be
in accordance with the Operations and Maintenance Handbook for LP-Gas Bulk Storage
Facilities and Pamphlet 58 and the property shall be returned to its original state."
7-301 & 302: Compatible Desiqn. Parkinq. and Loadino
15
The use is to be located on a vacant property in a subdivision zoned Industrial. The use
is compatible with adjacent uses.
Parking - Table 7-301(A) does not specifically list the proposed use. However, since the
use doês not propose any office or other enclosed space for employees and the facility
will not be open to the general public, a need for parking has not been demonstrated.
This said, there is adequate space around the tanks for personnelto park for repair and
maintenance of the facility when necessary.
Loading - The applicant has demonstrated the ability for the delivery vehicles to access
the tanks and maneuver the access driveway. The number of loading spaces is
appropriate for the number of proposed tanks.
7-303: Landscapinq
The parcel is fully located within an lndustrial zone district and thus, the use is exempt
for Landscaping standards.
7-304: Liqhtins
The application states that "Pamphlet 58 requires lighting to be available when
necessary for operations to occur. Applicant agrees that any lighting will be in compliance
with the lighting standards and will be low impact." A suggested condition of approval
has been included that the applicant comply with all County lighting standards.
7-305 Snow Storaqe
Adequate portions of the site plan including areas adjacent to the proposed loading area
are available for snow storage.
7-306 Trails
The Applicant has not proposed any sidewalks, trails or other multi-modal connections
to the site.
V. SUPPLEMENTAL AND ADDITIONAL STAFF ANALYSIS
Hours of Ooeration
The Applicant would like to be able to
week, but generally within normal busi
ability to alter the permitted hours of
access the facility 24 hours per day, 7 days a
ness hours. The decision-making body has the
operation for the facility. The application has
requested the following regarding hours of operation:
The proposed use will be utilized seven days a week generally during
normal business hours as described in the traffic estimates in the Request
16
for Waiver from Submittal of Traffic Study. lt is possible that a truck may
be required to enter the site after hours based on their CDL required rest
times. lt is also possible that Applicant's staff may be required to access
the site after hours to handle occasional delivery traffic or handle any
complaints.
Staff has included a suggested condition of approval that the site is permitted to
operate 24 hours per day, 7 days a week.
Enqineerinq Discrepancv
Gai¡elO County's designated engineer provided the following comment (Exhibit 14):
The tank plans call for soil bearing pressures of greater than 2,000 psf. The
geotechnical report limits the allowable pressures to 1,500 psf. The Applicant will
need to address this discrepancy.
Staff has recommended a condition of approval that the applicant address this
discrepancy to the satisfaction of the Garfield County designated engineer prior to the
issuance of the Land Use Change Permit.
Roads in Travelers Hiqhlands
The applicant has argued that the roads in the Travelers Highlands Subdivision are
County roads and thus, they should not have to supply the requested Roadway Waiver
or provide a demonstration that the roads meet the standards detailed in SectionT-107
of the Land Use and Development Code. Staff has included as exhibits two documents
that address this issue. Resolution No. 05-05 (Exhibit 19) addressed the County
accepting the roads as public-rights-of-way, but explicitly not accepting maintenance of
the roads. Condition Three of the Resolution states:
The BOCC's acceptance of the Travelers Highlands' roads as public roads in no
way obligates the BOCC or Garfield County for the financing or construction of
said roads and further said acceptance in no way obligates Garfield County or the
BOCC for the repair or maintenance of said public rights-of-way.
To further address this issue, staff has included the Travelers Highlands Subdivision
Pubtic lmprovement Districf Rules and Regulations for the District and Bylaws for the
Board of Directors of the District as Exhibit 20. ln Section 1.2 of this document, it states
[...] lnternal roadways in the Developmentwere accepted as public road rights-
of-way in 2005, without the County's acceptance of maintenance responsibility,
by means of Resolution No. 05-05, recorded as Reception No. 666852.
With this supporting evidence that clearly demonstrates the County does not have
maintenance responsibility for the internal subdivision roads, it is staff's opinion that the
applicant should supply a demonstration that the interior roads meet the County
T7
Roadway Standards as detailed in Table 7-107 of the Land Use and Development Code,
provide a Roadway Waiver pursuant to Community Development Policy 01-14 (Exhibit
22), or bring the subject roads up to County standards. A demonstration of conformance
with the roadway waiver policy is applicable for applicant's whose access includes a non-
County road and who cannot demonstrate that the road meets the Land Use and
Development Code standards. This has been included as a suggested Condition of
Approval.
VI. STAFF RECOMMENDATION
Staff recommends approval with conditions for the proposed Limited lmpact Review with
the following conditions of approval should the BOCC wish to approve the application.
SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the Board
of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons the proposed Land Use Change Permit
for a Bulk Sales of LPG and CNG by Pro Gas LLC is in the best interest of the health,
safety, convenience, order, prosperity and welfare of the citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance with
the 2030 Comprehensive Plan, as amended.
5. That with the adoption of the Conditions of Approval and approval of waivers from
Section 7-104 Source of Water and Section 7-105 Central Water Distribution and
Wastewater Systems, the application has adequately met the requirements of the
Garfield County Land Use and Development Code, as amended.
REGOMMENDED CONDITIONS OF APPROVAL
The following recommended conditions of approval are provided for the Board of County
Comm issioners consideration.
Gonditions Prior to lssuance of Permit
1. Prior to the issuance of the Land Use Change Permit, the applicant shall supply
a demonstration that the roads from Highway 6 & 24 to the use meet the
Roadway Standards as detailed in Table 7-107 of the Garfield County Land Use
and Development Code of 2013, as amended. lf the roads do not meet these
standards the applicant shall choose to either upgrade the roads to meet the
18
standards or submit a Roadway Waiver that demonstrates conformance with
Garfield County Community Development Policy, 01-14 Waivers for Roads and
Demonstration of Compliance. A demonstration that this condition has been met
shall be reviewed and accepted by the Community Development Department
and the County designated engineer.
2. Prior to the issuance of the Land Use Change Permit, the applicant shall
address inconsistencies between the geotechnical report and the tank plans.
The tank plans call for soil bearing pressures of greater than 2,000 psf, while
the geotechnical report limits allowable pressure to 1,500 psf. A demonstration
that this condition has been met shall be reviewed and accepted by the
Community Development Department and the County designated engineer.
3. Prior to the issuance of the Land Use Change Permit, an Amended Final Plat
that combines the lots as represented in this application will be executed and
recorded with Garfield County. A demonstration that this condition has been met
shall be reviewed and accepted by the Community Development Department.
4. Prior to the issuance of the Land Use Change Permit, the applicant shall
address inconsistencies between the site plan submitted for the Land Use
Change Permit and the state approved LP-Gas lnstallation Application. The
distance from the storage container to both the north-western and south-eastern
property lines are different for the two submittals. A demonstration that this
condition has been met shall be reviewed and accepted by the Community
Development Department and the County designated engineer.
5. Prior to the issuance of the Land Use Change Permit, the applicant shall change
General Note #4 on the site plan to state, "The facility will contain a skid mounted
30,000 gallon propane tank used to supply the delivery truck for customers." A
demonstration that this condition has been met will be reviewed by the
Community Development Department.
Other Gonditions
6. All representations made by the Applicant in the application shall be conditions
of approval, unless specifically altered by the Board of County Commissioners.
7. The operation of the Bulk Sales of Propane use shall be done in accordance
with all applicable Federal, State, and local regulations and restrictions
governing the operation of this type of facility, including but not limited to the
NFPA 58 - Liquefied Petroleum Gas Code and the Emergency Planning and
Community Right to Know Act.
19
8. The Applicant shall control fugitive dust during the construction and operation of
the site.
g. The facility shall maintain compliance with County lighting standards as detailed
in the Land Use and Development Code of 2013, as amended.
10.The tank shall be installed in accordance with the recommendations made by
the submitted Huddleston-Berry Engineering & Testing, LLC Geotechnical
Study dated July 20, 2017 or as that report is updated to address any
discrepancies with storage tank plans.
11. Operation of the site is permitted 24 hours per day, 7 days a week.
12.Bulk propane storage tanks are limited to one 30,000 gallon tank located as
represented on the site Plan.
13. The operator of the facility shall regularly check and maintain the tank, valves,
and pipes to address any potential leaks during operation.
14.Truck drivers shall limit vehicle idling while on the site
20
SITE VISIT PHOTOS
4th Street
Site View 1
t..:' -
il','
I r.
j- :
2L
Proposed Access from Scarrow Avenue
Site View Two
22
Scarrow Avenue
23
Site View Three
24
EXHIBIT
Gøffield County
PUBLIC HEARING NOTICE INFORMATION
please check the appropriate boxes below based upon the not¡ce that was conducted for your public
hearing. ln addition, please ¡nitial on the blank line next to the statements if they accurately reflect the
described action.
W My appllcation required written/mailed notice to adjacent property owners and mineral
owners.
*¿. Mailed noticewas completed ontlre ..!( day of lê"ft'ettß*12glJ'
*'/ All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
-¿- All owners of mineral ¡nterest in the subject property were identified throu6h records in
the Cterk and Recorder or Assessor, or through other means [list]Atcl oF óaratl L ll l/
r please attach proof of certified, return receipt requested mailed notice'
ú *rapplication required Published notice.
J Noticewaspublishedonthe l/ dayof lÊPTEilteR,2Aß
¡ please attach proof of publication in the Rifle citizen Telegram,
tr My application required Posting of Notice.
t/ Noticewas posted on the tL dav of lÊPfpn$FÍlzolZ'
*r/ Notice was posted so that at least one sign faced each adiacent road right of way
generally used bY the Public'
I testlfy that the above lnfurmation is true and accurate.
Name:ahte
Signat
Date:T
L / fl ITÈÞ t H?âaT i¿EU (Eu¿
tq. zotT
Ad #: 00001 12A48-A1
Customer: EAGLE VALLEY ENTERPRISE/LEGALS,
Your account number is:2927405
PROOF OF PUBLICATION
RIFLE C¡TIZEN TELEGRAM
STATE OF COLORADO
COUNTY OF GARFIELD
l, Randy Essex, do solemnly swear that I am Publisher of the
R¡FLE CIT¡ZEN TELEGRAM, that the same weekly
newspaper printed, in whole or in part and published in the
County of Garfield, State of Colorado, and has a general
circulation therein; that said newspaper has been published
continuously and uninterruptedly in said County of Ga¡'field
for a period of more than fifty-two consecutive weeks next
prior to the first publication of the annexed legal notice or
advedisement; that said newspaper has been admitted to
the United States mails as a periodical underthe provisions
of the Act of March 3, 1879, or any amendments thereof, and
that said newspaper is a weekly newspaper duly qualified
for publishing legal notices and advertisements within the
meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number of
said weekly newspaper for the period of 1 insertion; and that
the first publication of said notice was in the issue of said
newspaper daled 911412017 and that the last publication of
said notice was dated 911412A17 in the issue of said
newspaper.
ln witness whereof, I have here unto set my hand this day,
9t272417.
PUBLIC NOTICE
TAKE NOTICE that Prq Gas- LLC-has applied to the
Board of County Commissioners, Garfield County,
State of Colorado, to request a Land Use Change
Permit to allow a Bulk Sales of LPG and CNG facili-
ly to be located on the subject property located in
Section 28, Township 73, Range 96W County ol
Garfield, State of Colorado; to-wit:
Legal Descript¡on: Blk. 12, Lots 1, 2, 3, 18, 19,
and 2O in the Travelers Highlands Subdivision
Practical Description: The property is located ap-
proximately two miles soulhwest of the Town of Par-
achute between Highway 6 and 24, and lnterstatê
70 ¡n thê Travelers Highlands subdivision. The Gar-
field County Assessor's parcel numbers for the im-
pacted parcels are
240928401 009, 240928401 008, 240928441 005,
and 2409284O'\OO7.
Descrlptlon of Request: The Applicant seeks al-
lowance for a bulk propans storage and distribution
facility. The proposed use will cons¡st of one 30,000
gallon storage tank with associated pumps and pip-
ing systems to load and unload propane. The Prop-
erty is zoned lndustrial l.
All persons affected by the proposed project are in-
vited to appsar and state their views, protests or
support. lf you cannot appear personally at such
hearing, then you are urged to state your views
by letter, as the Board of County Commissioners
will give consideration to the comments of sur-
rounäing property owners, and others affected, in
deciding whether to grant or deny the request. The
applicatìon may be rèviewed at the office of Garfield
County Community Development located at 108
8th Street, Suite 401, Garfield County Plaza Build-
ing, Glenwood Springs, Colorado between the hours
of 7:00 a.m. and 4:00 p.m., Monday through Friday
or tln.ough Garfield County Community Develop-
ment's website. Contact the Garfield County Com-
munity Development Department al (970) 945-
8212 with any questions.
A Board of County Commissioners Public Hear-
ing on the applicatlon has been scheduled for
Monday October 16,2017 at 1:00 P.M. in the
Board of CounÇ Commissioners Meeting Room, 108
8th St, Glenwood Springs, Colorado, 81601.
Planning Department Garfield County
Published in the Citizen Telegram September 14,2107 0000112048
,f. "-"+ e"f.
Randy Essex, Publisher
Subscribed and sworn to before me, a notary publ¡c in and for
the County of Garfield, State of Colorado this day 912712417 .
,ffloJ*t
Jerilynn Medina, Notary Public
My Commission Expires: August 3,2424
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+
Sign Posting for October 16, 2017 Hearing
Sign on Walker Avenue near 4b Street
Sign on 4th Street near Walker Avenue
Sign on 4th Street near Scarrow Avenue
Sign on Scarrow Avenue near 4th Street
Sign on Scarrow Avenue, Lot 2
Sign on Scarrow Avenue, Lot 3
Patrick Waller
From:
Sent:
To:
Subject:
Kuster - CDPHE, Kent <kent.kuster@state.co.us>
Wednesday, August 16,2017 11:24 AM
Patrick Waller
LtPA-06-17-8s62
August 16,2017
Patrick Watler, Senior Ptanner
Garfietd County Community Devetopment Department
108 8th Street, Suite 401
Gtenwood Springs, CO 81601
Re: Fite No. LIPA-06-17-8562
Dear Mr. Watler,
The Cotorado Department of Pubtic Heatth and Environment has no comment on the Travelers
Hightands Propane Storage Fite No.LlPA-06-17-8562. However, we do recommend that the
coñtractor compty with att state and federal environmental rutes and regutations. This may require
obtaining a permit for certain regulated activities before emitting or discharging a pottutant into
the air or water, dispose of hazardous waste or engaging in certain regulated activities.
Ptease contact Kent Kuster at 303-692-3662 with any questions.
Sincerety,
Kent Kuster
1
lokôt
EXHI BIT
Environ mentaI Specialist
Cotorado Department of Public Health and Environment
Kent Kuster
Environmental Protection Specialist
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO80246-1530
303-692-3 662 | kent.kuster@state.co.us
2
Patrick Waller
From:
Sent:
lo:
Subject:
Simmons - CDLE, Scott <scott.simmons@state.co.us>
Friday, August 11, 2017 11:24 AM
Patrick Waller
Re: Referral Request - Travelers Highlands Propane Storage - LIPA-06-17-8562
Hi Patrick,
No issues there, as this would be a part of normal bulk plant operations. In general these containers would
contain no more fhan SYo,and would be on site for repairs, or waiting to be delivered to customer sites. Also
there would probably be new containers containing no pi'opane for the same reason. There is no installation
permitting needed for this type of container storage. Obviously these containers would need to be placed in a
iafe manner consistent with NFPA 58, and we would inspect for that on our routine inspections.
Scott
Scott Simmons
lnspection Supervisor
Division of Oit & Pubtic SafetY
Petroteum Program
P 303.378.1103 | F 303.318.8518
633 17th Street, Suite 500, Denver, CO 80202
scott.simmons@state.co.us I www.colorado.gov/ops
We Keep Colorado Working.
**How am I doing? Ptease comptete this survey to provide your feedback: OPS Customer Survev.**
x
On Fri, Aug I1,2017 at II:14 AM, Patrick Waller <pwaller@garfield-co wrote:
Sorry, one quick question. Their application also mentions storing smaller propane tanks on site (100 to L,000 gallons).
Does this trigger anything from you all? Or is that permitted?
Thanks,
1
EXHIBIT
tf
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwa I ler@ga rfield-cou ntv.co m
http://www.ga rfield-cou ntv.com/comm unitv-develo pment/
From: Simmons - CDLE, Scott Imailto:scott.simmons@state.co.us]
Sent: Friday, August I1-,2Ot7 10:57 AM
To: Patrick Waller <pwaller@garfield-countv.com>
cc: wayne Rei nert <wavne.reinert@state.co.us>
Subject: Re: Referral Request - Travelers Highlands Propane Storage - LIPA-06-17-8562
Patrick,
This company has applied to the division of oil and public safety for, and has received a permit to install and
operate a 30,000 gallon bulk LPG storage container as a propane bulk plant. The division has no issues or
concerns with this application. Please feel frce to contact me if you have any questions.
Regards,
Scott Simmons
lnspection Supervisor
Division of Oit & Pubtic Safety
Petroteum Program
2
x
P 303,378.1103 | F 303.318.8518
633 17th Street, Suite 500, Denver, CO 80202
scott. simmons@state. co. us I www. colorado. gov/oÞs
We Keep Colorodo Working.
**How am I doing? Please complete this survey to provide your feedback: OPS Customer Survev.**
x
On Fri, Aug 11,2017 at 10:08 AM, Patrick Waller <pwaller@garfield-co wrote:
Good Morning,
Garfield County Community Development is requesting referral comments for an application submitted by
pro Gas LLC for aLandUse Change Permit to allow for a Bulk Sales of LPG and CNG use. The Applicant is
proposing the installation of one 30,000 gallon propane tank with associated infrastructure for the storage and
ãisiribution of propane on Garfield County Assessor Parcel No.'s 240928401009,240928401008,
240929401005, and 240928401007. The applicant's application includes a request to store smaller propane
tanks on the site (from 100 gallons to 1,000 gatlon). The Applicant has represented that the site will be
unmanned with access only for a delivery driver and transport driver. The property is zoned Industrial. The
File No. is LIpA-06 -t7-9562. Additionally, the Applicant has submitted an application for an Amended Final
Plat to merge the four parcels into one.
The link to the application is available here. The referral request form is attached.
Community Development is requesting any responses to referral comments by Friday, September 1,2017.
Thanks for your help and please contact me with any questions,
3
PatrickWaller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(97 0) 945 -137 7 ext. t 580
pwaller@ garfield-county. com
http : //www. earf ield- county. corrì/communitv-developmenl
4
Patrick Waller
From:
Sent:
To:
Subject:
Robert Ferguson <opschief@gvfpd.org >
Monday, August 14,2017 9:16 AM
Patrick Waller
RE: Referral Request - Travelers Highlands Propane Storage - LIPA-06-17-8562
Hi Patrick,
Grand Valley Fire does not have any objections to the Travelers Highland Propane Storage moving forward. I have
spoken with Mr. Brach about this facility previously. I do not have any concerns with this business or property. Please let
me know if you need anything else.
Rob Ferguson, CFO
Deputy Fire Chief
Grand Valley Fire Protection District
0124 Stone Quarry Rd
Parachute, CO 81635
Office 970-285-9119
Fax970-285-9748
coNFtDENTIAL:T( NOTTCE: This e-mail trqnsmission qnd ony documents contain information belonging to the sender
which may be confidentiol and tegøtty protected. This informotion is intended only for the use of the person or entity to
which it is oddressed. tf you are not the intended recipient ony disclosure, copying, distribution, or oction tqken in
relionce on the contents of the informotion contoined in this transmission is strictly prohibited. lf you hove received this
communication in error, pleøse repty to the sender thot you hove received the messoge in error, ond then delete
it. Thonk you for your cooperotion.
From : Patrick Wa ller Ima ilto : pwal ler@ga rfield-county' com]
Sent: Friday, August LI,20t7 10:08 AM
To: Kelly Cave; Chris Bornholdt; Morgan Hill; Wyatt Keesbery; Steve Anthony; ingrid.hewitson@state.co.us;
comments,hmwmd@state.co.us; Roussin - CDOT, Daniel; scott.hoyer@state.co.us; Taylor Elm - DNR;
scott.simmons@state.co,us; stuaftmc@parachutecolorado.com; Chris Hale; opschief@gvfpd'org
Subject: Referral Request - Travelers Highlands Propane Storage - LIPA-06-17-8562
Good Morning,
Garfield County Community Development is requesting referral comments for an application submitted by Pro Gas LLC
for a Land Use Change permit to allow for a Bulk Sales of LPG and CNG use. The Applicant is proposing the installation of
one 30,000 gallon propane tank with associated infrastructure for the storage and distribution of propane on Garfield
County Assessor Parcel No.'s 240928401009, 24O9284OLOO8,240928401005, and 24O9284OLO07 . The applicant's
application includes a request to store smaller propane tanks on the site (from 100 gallons to L,000 gallon). The
Applicant has represented that the site will be unmanned with access only for a delivery driver and transport driver. The
property is zoned tndustrial. The File No. is LIPA-O6-17-8562. Additionally, the Applicant has submitted an application for
an Amended Final Plat to merge the four parcels into one'
The link to the application is available here. The referral request form is attached
1
EXHIBIT
t2
Community Development ¡s requesting any responses to referral comments by Friday, September t,2Ot7
Thanks for your help and please contact me with any questions,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-1377 ext. 1580
pwa ller@ga rfield-countv.com
http://www.ga rfield-cou ntv.com/com m unitv-developme nt/
2
AffiI COLORADO
Pa¡ke and Witdlife
Ljepsttrriènt Òf ,{àturål ResÕurces
Northwest Regionat Office
71 1 lndependent Avenue
Grand Junction, Co 815Ub
811717417
Patrick Waller
Senior Planner
Garfield County Community Devetopment
108 8'h Street, Suite 401
Glenwood Springs, CO 81601
RE: Traveters Highlands Propane Storage (LIPA'06-17'856?)
Dear Patrick,
Colorado Parks and Witdtife (CPW) has reviewed the appticatiort materiats submitted by
Pro Gas LLC for a land use change permit to attow butk sales of LPG and CNG. The
proposaL is for one 30,000 gatton propãne tank, associated facilities and infrastructure,
and other smalter storage tanks.
The proposed parcel is located within an atready devetoped area that is heavity disturbed
by existing land uses. Additionatly, the apptication states that the appticant anticipates
only one truck per day accessing the facitity. Due to these factors, CPW does not
anticipate any negative impacts to wil.dtife resutting from the proposed activity. There
are no recommendations at this time for the applicant to avoid and/or reduce impacts.
Cotorado Parks and Witdtife appreciates the opportunity to review and provide comrnents
on thís project. lf there are any questions or needs for additional information don't
hesitate to contact Land Use Speciatist, Taytor Etm, at {970) 947-2971 or District Witdtife
Manager, Scott Hoyer, at (970) 250-0873.
Sincerety,
Hoyer
Acting Area Witdtife Manager
Cc. Michaet Warren, Energy Liaison
Taytor Etm, Land Use SPecialist
Fite
BobD- B¡¡stoi4Dirstx,ûúuònúsadVyildlife.Iìùsud \¡VîIdiÞCrmislw R!ùstW. B¡¡y.JqoÉIúm
Jolnllowu4Vrc.c'un.DatcPidotilÍshihr,Oraire l¡¡cs\ãgitrDøülirglfuldo lÆchdbzîm¡nmlSeaüryoAlex@
MOUNT¡TIN CROSS
ENGINEERINC, INC.
Civil and Environmontal Gontulting and Design
August 37,2417
Mr. Patrick Waller
Garfield County Planning
108 8tl'Street, Suite 401
Glenwood Springs, CO 81601
RE: Review of the Limited Impact Review for Travelers Highlands Propane Storage &
Distribution Facilify: LIPA-06-1 7'8562
Dear Patrick:
This office has performed a review of the documents provicled fol the Limited Impact review of
the Travelers Highlands Propane Storage and Distribution Facility. The submittal was found to be
tholough ancl well organized. The review generated the following comments:
l. The Applicant should verift that the Fire Chief does not need fire flow water for the project
locatio¡. The Applicant discuss potable water as not being necessary but does not mention
if water for firefighting will be'
2. The traffìc study fbcuses on the CDOT roads. The Applicant should cliscuss how the
internal roads compare to the minimum toadway standards of Garfield County.
3. The tank plans call for soil bearing pressuïes of grcater than 2,000 psf. The geotechnical
leport limits the allowable pressures to 1,500 psf. The Applicant will neecl to atlch'ess this
discrepancy.
Feel free to call if yotr have any qttestions or comments.
Sincerel
Cross
i
EXHIBIT
l/+
bô.og
Hale, PE
B26T,Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5 544 F : 970.945, 5558 www.mountaincross-eng.com
Patrick Waller
From:
Sent:
To:
Cc:
Subject:
Dan Goin
Wednesday, August 23,2017 7:24 AM
Patrick Waller
Dale Stephens
Travelers highland
Patrick
ln regards to LlpA-06-17-8562Travelers Highland Propane Storage this is in a private industrial park so as far as Road and
Bridge are concerned they are good to go and don't have to do anything to be approved by us.
Dan Goin
District 3 Foreman
Garfield County Road and Bridge
0298 CR 333A, Rifle CO 81650
970-62s-8601.
1
Patrick Waller
From:
Sent:
To:
Subject:
Boer - CDPHE, Derek <derek.boer@state.co.us>
Friday, August 25,2017 3:39 PM
Patrick Waller
Re: Referral Request - Garfield County Community Development
Patrick,
There arehazardous substances reporting requirements for a facility like the one proposed under the Emergency
Planning and Community Right to Know Act (EPCRA) that we, Garfield LEPC, and local fire would receive and
regulate. Those aren't required until the hazardous substances are on site.
I don't know if local fire or the Garfield County Local Emergency Planning Committee is part of your review
requests. From an emergency planning perspective they may be more appropriate.
Chris Bornholdt, Emergency Manager
Garfield County Sheriff s Office
107 8th St
Glenwood Springs, CO 81601
(970) 945-0453 Fax 070\s-6430
Thanks
Derek
On Mon, Aug 14, 2017 at9:54 AM, Patrick Waller <pwaller@garfield-co wrote
Mr. Boer,
Garfield County Community Development is reviewing an application for a propane storage and distribution
facility. I originally, sent a referral request to the Hazardous Materials and 'Waste Division. They responded
that the proposal should be provided to the SARA Title III program for rcvicw and I was given your contact
information. The referral request if below. Please have any comments to me by Tuesday September 5,2017.
Garfield County Community Development is requesting referral comments for an application submitted by Pro
Gas LLC for a Land Use Change Permit to allow for a Bulk Sales of LPG and CNG use. The Applicant is
proposing the installation of one 30,000 gallon propane tank with associated infrastructure for the storage and
distribution of propane on Garfield County Assessor Parcel No.'s 240928401009,240928401008,
240928401005, and 240928401007. The applicant's application includes a request to store smaller propane
tanks on the site (from 100 gallons to 1,000 gallon). The Applicant has represented that the site will be
unmanned with access only for a delivery driver and transport driver. The property is zoned Industrial. The
File No. is LIPA-06 -17-8562. Additionally, the Applicant has submitted an application for an Amended Final
Plat to merge the four parcels into one.
The link to the application is available here. The referral request form is attached.
1
, I appreciate your help and please let me know if you have any questions or are unable to access the application.
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970\ 94s-1377 ext. 1580
pwaller@ garfield-county. com
http ://www. garfield-county. com/community-development/
Derek Boer
Pollution Prevention Specialist
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
(303) 692-2977 | derek.boer@state.co.us
2
Gurfield County
t+
EXHIBIT
bôog
Public Heulth
195 w. 14th Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: Patrick Waller
2014 Blake Avenue
Glenwood Springs, CO 81601
(e70) e45-6614
September 1,20'17
Hello Patrick,
I have reviewed the application for the Pro-Gas Propane Storage and Distribution Facility west
of Parachute and have a few comments related to air quality:
1. We recommend that the operator of the facility regularly check the tank, valves, and
pipes to ensure there are not leaks that could be causing emissions of volatile organic
compounds. This should also be followed when propane is being distributed to trucks.
While propane is not considered a hazardous air pollutant, it does contribute to local
ozone formation.
2. Because the applicant's property and surrounding roads are dirt, dust control measures
should be applied to reduce particulate matter emissions'
3. Truck drivers should limit vehicle idling while filling their tanks at the site.
Finally, we support approval of the waivers for adequate water and wastewater to be supplied
on-site given the very temporary nature of employee's time spent at the site. ln effort to reduce
waste, émployees should use reusable bottles for drinking water rather than purchasing single-
use water bottles when possible.
Thank you,
i/1- M;k
Morgan Hill
Environmental Health Specialist lll
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
(970) 665-6383
Garfield County Public Health Department - working to promote health and prevent disease
Patrick Waller
From:
Sent:
To:
Subiect:
Follow Up Flag:
Flag Status:
Ande Rasmussen <anderasmussen@aol.com >
Wednesday, September 06,2017 4:57 PM
Patrick Waller
Letter
Follow up
Flagged
Anders Rasmussen
835 Falls
Martindale. TX 78655
Garfi eld County Community Development Departmentme
108 8th Street. Suite 401
Glenwood Springs. CO 81601
9t2n7
Dear Garfield County Community Development Department,
Regarding: Pro Gas LLC application requesting an Amended Final Plat of lots 1,2,3,18, 19, 20 in Block l2 of
Travelers Highlands Subdivision Section 28,T 7 South, R 96 West, of the 6th P.M., town of Parachute, Garfreld
County, Colorado.
I'm Ande Rasmussen, I've owned lot 4 of Block 12 of Travelers Highlands Subdivision Section 28, T 7 South,
R 96 V/est, of the 6th P.M., town of Parachute, Garfield County, Colorado for more than 50 years. The lot was
given to me by my godmother, Eve Homeyer who was the first female mayor of Aspen and a big
énvironmentalist. Pro Gas LLC recently purchased a block of 6 lots (lots 1, 2,3,18,19,20) with the intention of
installing a 30,000 propane gas tank. Lot 3 is immediately adjacent to my lot.
I request that you DENY Pro Gas LLC's application.
To impose real and obvious risks to adjacent neighbors is unfair. If you approve their request, the Community
Develıpment Department of Garfield County is devaluing the property that I've owned and paid taxes on for
over 50 years.
I noticed the distance to both roads is incorrect on the Pro Gas LLC's o'LP - Gas Installation Application"
submitted to and approved by the Colorado Department of Labor Division of Oil and Public Safety -
Compliance Division. The application stated the tank would be 100 feet from any roads, but the diagram
showed it would be 70 feet from one road and 90 from the other. ( Is there a 30 foot buffer between his property
line and the road on the west side or a 10 foot buffer on the south side? ) If the tank was located to be 100 feet
from the nearest road like stated in the application, then the tank would only be 40 feet from my property line. I
also noticed that Mr Brach stated the container would be 220 feet from the closest building.
1
EXHIBIT
tØ
Does Pro Gas LLC have the right to assume that neither of his boarding neighbors would like to do anything
with their land?
Am I allowed to visit my property and park an RV on it?
I spoke to Jimmy Brach, the owner of the Pro Gas LLC to inquire if he would be interested in purchasing my lot
so he could havc more of a buffer and so I would not be in the situation of being stuck with an undesirable lot
because it was adjacent to a propane Bulk Plant . Mr. Brach said didn't see a big need for more land, wouldn't
consider it without the lot adjacent to the north of mine. Mr. Brach doesn't see the need to spend the money to
buy the extra land or pay the taxes on the extra land, but he doesn't mind asking Garfield County to devalue my
land by granting a permit for his tank and then let me continue to pay taxes for property that will be bordered by
a 30,000 gallon combustible gas tank and a welding company. Fuel and away to ignite it?
I'm concerned about the increased potential for catastrophe and toxic Propane vapors. I researched recent leaks
from 30,000 gallon propane tanks in 20t7 . The risk is very real. I found four leaks where areas between ll2 to
1 mile had to be evacuated between the months of March to July of 2017.I listed the 4 cases below. The EPA's
..ruSK MANAGEMENT PROGRAM GUIDANCE FOR PROPANE STORAGE FACILITIES(4O CFR PART
68)" report from March2009 (EPA 550800001 March 2009 www.epa.gov/emergencies ) Table 2 states that
Distance to a I PSI overpressure Distance to endpoint could affect a 0.4 mile radius (over 2,000 foot radius.)
Pro Gas LLC is planning on having somewhere between a 40 foot (if corrected to make 100 feet to the road) to
70 foot buffer (as stated in his application) which puts his adjacent neighbors at a risk directly caused by his
company.
I protest Pro Gas LLC installing a 30,000 gallon tank and frlling station on the land in this proposal for the
reasons stated in this letter:
1. Pro Gas LLC may have incorrectly filed the distance from the road in his application to the state,
2. By granting the permit for the Bulk Plant the Community Development Department is devaluing adjacent
property,
3. If the city grants this this permit, it will limit my ability to exploit my property to its best and highest use.
and
4. It might land lock the lot of my northem neighbor who might need an easement to access their property.
Thank you for considering my request to DENY the Pro Gas request.
Sincerely,
Anders Rasmussen
owner of Lot 4 in section 12 of Travelers Highlands
512217 2728
The 4 leaks in the US between March 2017 to July 2017
1. Properties within a one-mile radius of a propane tank leak in Tower, Minnesota were evacuated when the
propane tank leak was reported on March 14,2017.
http://www.wdio.com/news/sas-propane-leak-fortune-bay-resort-casino-tower/4425892l
2. A propane leak March 21,2017 in Carroll County in New Hampshire caused a forced an evacuation.
2
https://www.conwa)¡dail)'sun.com/news/propane-leak-causes-evacuations-at-countv-complex/article-4a83ffe1-
8ß 9-55eb-9fl c-al 1 0 1 eeebd99.html
3. In March 2017 inlake Harmony Pa a hose line ruptured and caused fire under 30,000 propane tank which
shot flames 20 feet into the air.
http : I I lakeharmonv fir e. cam/ I 497 -2 I
4. A propane tank leak located in Steelton Pennsylvania on July 28, 2017 resulted in the mandatory evacuation
of neighboring Steelton and Ha:risburg.
http://www.pennlive.com/news/2017l07lpropane-companyJrobinq cause.html
3
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alr{aá{ øittt/2øo3 Ø22Ø!P 81555 P21? l'1 RLSDoRF
1 of 4 R ø.øø Ð ø'øø GRRFIELD C0UNTY C0
STATE OF COLORADO
COUNTY OF GÃRF ELD
)
)sÊ
)
At a r€rgular meeling of the Board of County commisËioTlets for Ga¡fiel'd CÕunty, Colorado,
lìe.rd at the cÐurthôuse plaza Building in clenwood springs on Morìd.ay, tne l..Othday of Januâry
2005, there we:re PfeFentl
John Mart
Tres Houót
Commissioner Chai nnan
Çomrnissioner
Commissioner
councy Admirrislrator
County Attornev
clerk Lo Ehe BÕärd
Ed Green
IÁthenthefolJ.owingproceedings,åmongotherswerehadarrddone,to-.¿ít
RESOIJT]TION NO' 05-05
RESOLUTTON ACCEPTING PUBLIC RIGHTS-OF-WAY TN TRÄVELERS HTGHI'AND
SUB-DTVISION
WHEREAS, Garfield County is a legat and politica] subdivision
of the State of Colorado for which t'he Board of County
Commissioners of Garfield County ("BOCC") is authorized to act;
ând
WHEREAS, t-he originat developers of the Travelers Highland
Subdivísi,x f iled bhe "section No. l- Travelers Highlands Sub-
Division,, plat in the records of the Garfield county clerk and
Recorder purporting Lo dedicate to public use the "a1leys and
streets" as platted on saíd drawing; and
WHEREAS, saíd roads have never been formally accepted by the
BOCC as public roads; *ld
y{HEREAS, the BOCC of Gartield County and o!ìrners of lots within
said subdj-vision wish to cfarify the status of said roads '
NOÌ,t, THERÉFORE, BE rT RESOLVED BY THE BOARD OF COI'NTY
COMMISSIONERS OF GARFTEI,D COLINTY ÄS FOT,],OWS:
1. The BOCC herein accepLs as public road rights-of-way, for
publlc use as roads, alleys and utitity easements. the a]Ieys and
Ltreets as p1atted on t,hal certain Travelers Highland Sub-Division
pl-aL recorded as reception #27847'7 in the office of the Garfield
CounLy Clerk and Recorder on August 15, L962. A copy of said plat
r lllilr ilIil llllill lil llll lllllllull lll lltll [l_l [!lbbîîötöät1'riøøs øz:01P 81655 P21E lr RLSDoRF
2- oî- 4 R ø.øø D ø.øø GRRFIELD COUNTY Co
is attached Lo and incorporated herein by this reference as
"Exhi,bit 4. "
2. Reasonable ef forLs have beet:. made to notify owners of
lots within Travelers Highland Sub-Division of the BOCC's
consideraLion of acceptance of Lhe roads as public roads at today's
public meeting, rlanuary 10, 2005. Certified Mail receipts and
reLurn receipts have been provided t.o the Clerk to the BOCC'
as
The BOCC's acceptance of the Travelers Highlands' roads
i.c roads in no way obligates the BOCC or Garfield County for
Lhe financing or construcLion of said roads and further said
accepLance in no way obligates Garfield County or Çhe BOCC for t,he
repalr or maintenance of said public right.s-of-way. I-*Jthis I 0thday of January 2005
OF COMMISSIONERS
I COLOR.ADO
Byt
eÍ'to Lhe Board Chai
Upon nrEion duly made and seconded the f hhe follo\^ring
vote;
John Maftin
Irarry McCÖwä Aye
treEi Houpt Aye
commiEËiorers
STA?E OF COLOFÀÐO
COUNTY OF GARFIËLD
1, Milrlred Alsdôrf, cou¡¡Èy Clerk and ex-officio çLerk of the Board of Cauûty Commissioners
in ar:d fo¡ lhe Coll¡rty and çtãte afofesäid. dô herêby cercify that the annexed and foregoing Resolutsion
is truly côpied from Che Records of the eroceedings of the Boård ot CouúÈy Commissioners for said
Garfield County. now in my office.
lN WIÎNESS WHEREOF, I have her€unto seË my hand and affixed the seal of said CounEy, at
GLenwood Sp¡inge, Èhis _ day of , A,Ð. 2005
cour¡ty Clerk and ex-officio Clerk of
The Board of County Comrni.ssioners
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TRAYELERS HIGHLANDS ST]BDIVISION
PUBLIC IMPRO1IEMENT DISTRICT
RTJLES AND REGULATIONS F'OR TÍIE DISTRICT ANT)
BYLAWS FOR TTIE BOARD OF ÐIRECTORS OF TIIN, DISTRICT
ARTICLE I GENERÁ.L
1.1 Äuthoritv. The Travelers Highlands Subdivision Public Improvement District
("District") ir u pnnE*r quasi-municipal" subdivision of the State of Colorado, in accordance with
ç :O-ZO-Só3(4Xô ofthe Act, and holds the powers specifically granted, ornecessary orincidentalto
iho." po**r, specihcally granted for carrying out the objectives and purposes of the Dishict,
pursuant to C.R.S- S30-20-501 , et seq-.(the "Acf')'
l.Z purpose. The purpose of this consolidated body ofrules and regulations is to ensure
the orderly -r¿ *rifot o administ¡ation of Dishict activities, mainly the constn¡ction and
maintenance of streets, clrainage, utilities, and other public improvements needed to serve the
Travelers Highlands Subdivision ("Developmeil"), a pre-subdivision law develo_pment, zoned for
commercial use (.,commercial-Linúted Zone Districf' per the zone district map, unified Lıd use
Resolution of 2008, recorded as Reception No- 758309, as amended) in unincorporated Garfield
County, Colorado, ('County"). The Development wås created by plat recorded as ReceptionNo-
27547ï andas such piat has been changed by arnended plats recorded in the real est¿te records ofttre
County Clerk and Recorder. internal roadways in the Development were accepted as public road
rights-of-way in 2005, without the County's acceptance of maintenance responsibility, by means of
RãsolutionNo. 05-05, recorded as ReceptionNo .666852.The Development is generally located on
State Highw ay 6 and}4 (*6&24-)between Debeque andParachute, Colorado, north of CountyRoad
300 (*CR 300") crossing of the Union Pacific Railroad'
1.3 policy. The District Board of Directors ("Board") hereby declares that these rules and
regulations ('Ruled) will serve a public use and are necessary to promote the ]realth, safety,
prãsperity, sèc,rrity, and general welfare of property owners in the District. The Rules correspond
withand supplement the Development and Service Plan ("Plân'i) for the District, as such may be
adopted and amended from time to time by the Board. The Board ñrthel tJut? as a matter of
policy, ttre inte¡tion to coordinate and cooperate with thç State, the County, Uníon Pacific Railroad,
and other private entities to finance and conskuct improvements to CR 300 and6&24,improvements
located outside of the boundaries of the Development needed to serve the Development. Such
improvements will be specifically identified in the Plan as such Plan is adopted by the Board.
1.4 Scope. Together wifh the Plan, these Rules, as the same may be modified frorn time
to time, shall be considereã as comprehensive reguiations governing the operations and firnctions of
the District and the functioning of the Board-
1.5. Intent of Construction. These Rules shall be liberally constulecl to carry out the
general purposes of the District. No omission or inclusion of material in these Rules shall be
1
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interpreted as an altÊration, deviation, or waiver from arly grant of poï¡er, duty, or responsibilþ
imposed or conferred upon the Board by virtue of statutes now existing or as subsequently amended,
. or gnder any Çontr¿ot or agreement existing between thc District and any other entify. Nothing
contained in these Rules shall be so interpreted as to prejudice or uffect the riglrt of thç District to
securë the fulIbenefit and protection of law pertaining to the affairs of the District.
1.6 Amendment. The Board shall retain the power to amend these Rules to reflect those
changes determined to be neccssary or desirable by the Board, in accord¿nce with C.R'S' $ 30-20-
5 12(1)(e). Prior notice of consideration by the Board of such amendment shall be provided by the
District in accordance with the Ac! specifically C.R.S. $$ 30-20-511 and 30-20-528, and the
Colorado Open Meetings Act.
1.7 Offrcçrs and Emplovees. In accordance with $ 30-20-510 of the Act, the Board of
County Commissioners ("BOCC') shall sit, ex fficio as the Board and the Chair ofthe BOCC shall
bc thc Chair ofthe Board. The Clerk to the BOCC shall be the Secretary to the Board. The County
Treasurer shall be the Treasurer for the Board and for the District. The Board may hire employees
for general administ¡ative purposes or contract with the BOCC for shared stafftime.
I .8 Meetinss. Regular and Special Meetings of the Board shall be in accordance rvith the
Act and the Colorado Open Meetings and Open Records Acts. Generally, meetings of the Board
shall follow regular meetings of the BOCC, as scheduled by annuat Resolution of the BOCC.
Meetings of the Board, however, shall have a separate agenda from that of the BOCC. Special
Meeting shall be schedulcd as called by the Chair. Meetings of the Board shall generally be held in
the BOCC meeting room at the County Administration Building in Glenwood Springs, but may be
held elsewhere in the County by direction of the Board given to the Board Secretary. Notice oftime
and place of all meetings shall be accordance with C.R.S. $ 30-20-511. The plesence of two
members shall constitute a quorum of the Board at any meeting.
1.g Çqrporate Name and Seal. The District, as a subdivision ofthe State of ColorarJo and
a body corporate with limited proprietary powers set forth in $ 30-20-512 ofthe Act and these Rules,
shall be offrcially known as the Travelers Highlands Subdivision Public Improvement District, as
stated fur Section 1.1, above, and shall have thE management, control, and supervision of all the
business anfl affain of the Distojct and of the acquisition, construttion, installation, operation and
maintenance of Distríct improvements or the provision of services, all of which shall be done undet
the District's co¡porate seal, not the seal of the County.
1.10 Mënagement a¡rd Deleeation. The management and control of the Disfict is by
majority vote of the Board. The Boa¡d, by majority vote, may delegate any or all of its powers and
duties which by law may be delegated and which po\¡rers and duties are set forth in these Rules or the
Plan, by statute, or by common law; and when such delegation is made, any reference in these Rules
to the Board shall be to such individual or agency who holds the delegated powers.
2
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ARTICLE II POlilERS OX'DISTRICT
2,1 Genelä_l.Powers of Distdcj. Thc.Dishict witl h4vo all povers and authùrities grantecl
by statute to pro-viae tle services and construct and maint¿in the facilities desuibed in thc Plan both
within and without District boundaries, unless such authority is limited to improveme¡ts intemal to
the Developmen1 as described below and subject to the limit¿tions set forth in the Plan. More
specificall¡ in accordance with gg 30-20-51 4 andsls ofthe Act and the Ballot Issues approved by
the District in the 2008 Generat glection" the District will have the power to finance public
improvements, impose property taxes, and collect revenue or take other actions thaf may be
,r.å*ruury to proviåe thsservices and construct and maintain the facilities needed by the District.
The District shall determine annuatl¡ in accordance wittr 5 30-20-515 of the Act, the amount of
money necessary to be raised by levy taking into consideration other sources of revenue of the
pistrict. In general, the District shall have authority to provide, finance, pay for, and construct and
maintain the following services and facilities:
Z.l-l Streets. The design, acquisition, installation, construction, operafion, and
maintenance of arterial, collector and local streets and othçr roadway improvements,
including without limitation curbs, gutters, culverts, storm se\ryers and other drainage
facilities, detention ponds, retaining walls and appurtenances, as well as sidewalks,
bridges, parking, paving, lighting grading, landscaping, entrance facilities,
tind"rgro,rnding of public utilities, and other street irnprovements, togetherwith all
,r""r*rrry, incidental, and appurtenant facilities, land and easements, and all
necessary extensions of and improvements to such facilities. Specifrcally, the
District is authorized to provide , finance, pay for and constnrct access points from the
Development onto 6&24 ærd improvements to the state ownedright-of-way for 6&24
as permittedby Colorado Department ofTransportation("CDOT"),theUnionPacific
Railroad, and any other governmental or private entþ with jurisdiction over said
access Points and imProvements.
2.1.2 Tpfüc and Safety Controls. The design, acquisitio4 installation, construction,
operation, and maintenance of traffic and safety protection facilities and services
through traffic and safety controls and devices on all streets and roadways, as well as
other facilities and improv-ements, including without limitation signalization at
intersections, hafiñc, area identification, directional assistance, and driver information
siprs, and security systems and services, together with all neoessary, incidental, and
appurtçnant facilities, land and easements, and atl necessary extensions of and
improvements to such facilities, including without limitation those controls and
devices related to access points from the Development oño 6&24 and improvements
to the state owned right-of-way for 6&24'
2.1.3 Drainage. The design, acquisition, installation, construction, operation and
maintenance of drainage and storm sewer systems, including without limitation lines,
channels, detentionponds, flood and su¡face drainage disposal works and facilities,
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debris flow structures, alld.other drainage systems, together with all necessary,
incidental and appurtenant facilities, land and easements, and all necessary
çxtensions of and improvements to suoh facilities and systems, including suchrelated
to accêss point on to 6&24 from the Development and improvements to thc statc
owned right-of-waY for 6&24.
2-l-4 SA4ilation. The design, acquisition, instâllation, construction, operation and
maintenance of storm and sanitary se\ilcr systems, withinthe Development including
without limitation eollection lines, lifi stations, wastewater teatnent facilities, flood
and surface drainage, related disposal works and facilities, and all necessary
equiprnent and impróvemeots, togetherwith all necessary, incidental and appurtenant
facilities, land and easements, and all necessary extensions of and improvements to
such facilities or systems.
Z.I-5 IVA-tef. The design, acquisition, installation, construction, operationandmaintenance
of water systems, within the Developmenf including without limitation water
distribution and transmission lines, hydrants, water rights, storage reservoirs, water
treatment" transmission and distribution facilities, wells, irrigation systems and
pumping facilities, and all necessary equipment and improvements, together with all
necessâry, incidental and appurtenant facilities, land and easemerts, and all necessary
extensions of and improvements to such facilities or systems.
2.1.6 Other Services. The District may finance and pay for other services and facilities
authorized under the Act or by law, subject to approval under County land use,
zotnng,building code, or general police power and pertinent state or federal lawand
regulation, if needed to serve the Development and not otherwise provided to the
Development by the County or other goverrunental agencies-
Z.l .7 Legal PoWe$. The powers of the District will be exercised by the Board to provide
the services and construct and maintain facilities contemplated in the Plan. The
authorized facilities and services, along with other activities permitted by law, will be
undertaken in accordance with, and pursuant to, the procedures and conditions set
forth in the Act, other applicable statutes, the PlarL and the Rules, if applicable.
2.1.8 Other Authoritieq. In addition to the powers emrmerated herein, the Board shall also
have the following authorities:
(a)To amend the Plan as necessaly, subject to compliance with all statutory
procedures set forth in the Act, with any action or activity fhat the District
believes is permitted by the Plan but which may be unclear;
To revise, resize, reschedule, and restructure the financing, construction and
operation of the various public improvements and facilities in order to
(b)
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accommodate the rate of development within the Development, the costs of
pubtic irnprovements, ând inclusiuns of properlry into thc District, or the
provisionif any publlc improvement, facìlity or service by the Distuict, the
CountY or another entitY;
(c)
(d)
Subject to the approval of the County, if and as required, to provide all
addítional scrvices and facilities that the District is required to provide or
exercise or, in its discretion, chooses to provide or exercise; and
To exercise all express and implied powers under the Act or granted by state
law, including urithout limit¿iion contracting with CDOT, the County, and
construction contractors and holding or accepting by, assignment or
otherwise, permits issued by govemmental and private entities" Any
authority to own, operate and maintain improvements held b-y- the District
may be íi*it"¿ by such contraots and permits' The authority ofthe Distict to
enter into construction contracts shall be exercised in accordance with $ 30-
20-512(1Xd) of the Act, requiting published bids for work involving an
*"p"orÀ oió"" Thousand Dotlars ($t,000.00) or more, and other applicable
statutes.
(e) Certi$to tlreBOCC the ratc of levy determined annually, inaccordancewith
$ 30-20-515 of the Act'
AIìTTCLE III OWI{ERSHIP AND OPERATION OF FACILITIES
3. 1 Fa¡:ilit.v Development and ownership" The Development, including all land use and
development plans, piutt *¿."laterl documents approved by the Co'nty presentþ or in the future
lcottectlvely,
i,pl"fr;¡, contains a general intemal street alignment- The public in-frastructure
i-frou****s, both internal and exiernal to the Developru.ent, u'ill be phaóed to coincide with the
exp""ted commercial development, beginning with access to 6&-24,internal streets and drainage in
thË first few years of constnìctiotl' ,ttty other improvements will be compieted in the remaining
years until fui build out ofthe Development is complete. The pubtic improvements will be financed
and constructed in accordance withtnê ümitations set forth herein. The Plan describes fhe m¿xmer ín
which the District will provide the tax base necessary to pay for the public improvements and
seryices needed for the bevelopment. The Plan demonstrates how the District will finance and
complete the pubtic improvements and ssrvices needed by proper{y owners wíthin the Deveiopment'
It is the District,s basic policy that all intemal improvements descdbed herein and inthe Plan
shall be publically dedicated and operated, maintained, repaired, and replaced by the Dístrict. Any
improvements constructed outsideìhe Development will be subjectto the ownership, maintenance,
and replacement requirements of the contracts and permits among cDoT, the county and the union
Pacific Railroad.
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3 .z Liabrh,ty. No ctaim for damage slrall bE made against the Distriol by reason of faihre
of the pubtic infrastruåìlrre described ¡erein, unlcss-otherwise warranted or guaranteed by confuaot or
p"*"ii The District hereby reserves the right to clisco'tinue- services at any time, for aüy reason
deemed appropriate *¿ ,rå"rruty to the oîgoing health an{maintenance of the facilities- This
;;;"gr*lt';h"i not relieve the District rrom riuuliq for negligence, if such liabilitv would have
otherwise exirt"a, ,rrU¡""t fro*"u"t to the Colorado Govemment¿l Immunity Act and the terms of
""y;"**t of enrployment or agency entered into by the District'
3.3 Powers an{ Authority ofAgents. Duty authorized emploYees,.con}lctors or agents of
the Disfrict, u"*iogffioã*a*ti.x ãn¿ i¿entiitcation, shatl be permitted to enter upon all
properties within tne ñevelopment for lhe purpose of ins. pection, observations' measurement' and
testing, or any oth", Ãoo"bi" porpor" ir, *cot¿att"" *ith th* ptovisions of these Rules' Except in
the case of an emerg*o*V uff""iioi niurtirt properfy or th9 health, safety, and welfare of propelry
ol¡nrers witfuinthe Developmcnt, entryuponiheprope*yofpropgrly ownerswithintheDevelopment
shall only be macle .fter r"usorrable noúce and duringreaionable business hours' All owners and
tenants of properly ,"*"¿ by District public infrastructure shall be deemedto have agreedto entry
onto such property for the pu{poses set forth'
ARTICLEIVC()NSTRI']CTI0NSTANDAR'DSANDSPECIFICATI()NS
All construction in the Development shall be in accordance with the Plats, County land use,
building antl other uppti"u6t" regdåtions, County standards and specifications and the Plan'
Construction outsideäe Developlent shall be in accordance with Co'nty or state standards as
applicable and the tenns of related contracts and permits'
ARTICLE V DISTRICT BOUNDARIES
5.I Boundaries. The boundaries of the District are shown on Exhibit Ato the Plan' The
Development i, ,orr"d 'Icommercial Limited," as stated in section 1'2 above; and the District may
be enlarged to cont¿in land zoned for commerciar and industrial uses, not residential use. A legal
description of the property within the bor¡ndaries ofthe District is attached as Exhibit B to the Plan'
The boundaries of the Distúct cover all land within fhe Development, all of rtûich is within the
County. The pistrict wiil not provide services or facilities outside of its boundaries, except as
authorized in the Plan and as noted in Article II' above
5.2Inciusions-andExclusionq.AdditionalprogerlymaybeincludedintheDishictin
accordance *itr, ,t tot"¡,.tj *t to the approval of the Bãard and compliance with $ 3 0-20-520 of the
Act. The fee owner oÍ owners of aûy property proposed for inclusion may petition the Board for the
i¡clusion of property i:rto the Distriát. fiopetty may atsg be excluded from the Distict pursuant to a
similar proceuu' rnJ g"*fuU amend or moáifi'tit" Plan as necessary to accommodate inclusions
or exclusions of ProPertY
"6"
'iþFd,"ffi'#"'i'iHl'J*iJi'::::lm'ùrr¡rr
A formal request for inclusion within or exclusion from the District shall be made by the
requesting properfy owner to thc Boord, accompanietl by a ntrn-refi¡ndable payrnent of $ 400'00 for
processíng thc pctition, plus the cost áf publication of notice fcri the statutorily required hea{ng
Lerore the soarcl, i1 *oof.r**"e with $ 30-20-520 of the Act. Any additionat costs which may be
incurred shall be assessed to the applicant and paid prior to finalization of the inclusion or exclusion
by recording of the Board Resolution with the County Clerk and Recorder.
ARTICLE VI I}ISSOLUTION
After all pubtic improvements intemal to the Development have been constructed and
accepted by the bittt¡"t and all public improvements outside of the ?:Itt"-p*ît have been
constriicted and accepted by the owner thereof; and all bonds and other multiple-fiscal year financial
obligations have been paiúand discharged, the District may be dissolved, unless the Board directs
otherwise.
r\MyFites\BUILDÌNG & pr-qNNING\spEcrAt - puBLIC IMpRovËMENT DtsrRicrs\TRÄvELERs HIGHIANDS\RuIes and Regs apprvd Julv ó
20lO.doc
'7"
Patrick Waller
From:
Sent:
To:
Robert Ferguson <opschief@gvfpd.org >
Monday, October 02,2017 8:54 AM
Patrick Waller
RE: Referral Request - Travelers Highlands Propane Storage - LIPA-06-17-8562Subject:
Good morning Patrick,
For the area where the property is lf an incident were to happen the location would not be able to even come close for
the amount of water needed, as well as we usually will just let propane burn off and not extinguish the fire. lf we need
water at this location, we will bring it in with water tenders and use the Colorado River as the main water source. Hope
that clears up any questions.
Rob Ferguson, CFO
Deputy Fire Chief
Grancl Valley Fire Protection l)istrict
0124 Stone Quarry Rd
Parachute, CO 81635
Office 970-285-9119
Fax970-285-9748
CONFTDENTTALTTY NOTTCE: This e-moil tronsmission ond ony documents contoin informotion belonging to the sender
which may be confidentiat ond tegolty protected. This informotion is intended only for the use of the person or entity to
which it is oddressed. lf you qre not the. ¡ntended recipient ony disclosure, copying, distribution, or action token in
reliance on the contents of the informotion contoined in this tronsmission is strictly prohibited. lf you hove received this
communicotion in error, please repty to the sender that you hove received the messoge in error, ond then delete
it. Thonk you for your cooperation.
From : Patrick Wa ller [mailto : pwa ller@ga rfield-cou nty.com]
Sent: Monday, October 2,2017 8:34 AM
To: Robert Ferguson
Subject: RE: Referral Request - Travelers Highlands Propane Storage - LIPA-06-17-8562
Hi Rob,
I have a quick question for you about this application. A referral comment from the County designated engineer on the
project stated, "The Applicant should verify that the Fire Chief does not need fire flow water for the project location. The
Applicant discusses potable water as not being necessary but does not mention if water for firefighting will be."
I know your past comment stated that you had no objections to the project moving forward, but wanted to make sure
the referral comment from our engineer was addressed specifically.
Thanks for your thoughts,
Patrick waller
Senior Planner
1
Garfield County
Community Development Depa rtment
108 8th Street, Suite 401
Glenwood Springs, CO 81601-
(970) 945-1377 ext. 1580
pwa I le r(dga rfle ld-co u ntv.co m
http://www.ga rfield-co u ntv.com/co m m u n itv-develo pment/
From : Robert Fe rguson [ma ilto :opsch ief@gvfpd.org]
Sent: Monday, August !4,2Ot7 9:16 AM
To: Patrick Waller <pwaller@ga rfield-county.com>
Subiect: RE: Referral Request - Travelers Highlands Propane Storage - LIPA-06-17-8562
Hi Patrick,
Grand Valley Fire does not have any objections to the Travelers Highland Propane Storage moving forward. I have
spoken with Mr. Brach about this facility previously. I do not have any concerns with this business or property. Please let
me know if you need anything else.
Rob Ferguson, CFO
Deputy Fire Chief
Grand Valley Fire Protection District
0124 Stone Quarry Rd
Parachute, CO 81635
Office 970-285-9119
Fax970-285-9748
CONFtDENT:AL|W NOTTCE: This e-moil tronsmission ond ony documents contoin information belonging to the sender
which moy be confidential and tegolty protected. This information is intended only for the use of the person or entity to
which it is oddressed. tf you ore not the intended recipient ony disclosure, copying, distribution, or oction taken in
reliance on the contents of the information contoined in this tronsmission is strictly prohibited. lf you hove received this
communication in error, pleose reply to the sender that you hove received the messoge in error, ond then delete
it. Thank yau for your cooperotion.
From : Patrick Wa I ler [ma ilto : owa I ler(ôgarfield-cou nty. com ]
Sent: Friday, August LL,20L7 10:08 AM
To: Kelly Cave; Chris Bornholdt; Morgan Hill; Wyatt Keesbery; Steve Anthony; ingrid.hewitson@state.co.us;
comments,hmwmd@state.co.us; Roussin - CDOT, Daniel; scott.hoyer@state.co.us; Taylor Elm - DNR;
scott.simmons@state,co,us; stuartmc@parachutecolorado.com; Chris Hale; opschief@gvfpd,org
Subject: Referral Request - Travelers Highlands Propane Storage - LIPA-06-17-8562
Good Morning,
Garfield County Community Development is requesting referral comments for an application submitted by Pro Gas LLC
for a Land Use Change permit to allow for a Bulk Sales of LPG and CNG use. The Applicant is proposing the installation of
one 30,000 gallon propane tank with associated infrastructure for the storage and distribution of propane on Garfield
CountyAssessor Parcel No.'s 240928401009, 24O9284OLOO8,240928401-005, and24O9284O1OO7. The applicant's
2
application includes a request to store smaller propane tanks on the site (from 100 gallons to 1,000 gallon). The
Applicant has represented that the site will be unmanned with access only for a delivery driver and transport driver. The
property is zoned lndustrial. The File No. is LIPA-O6-L7-8562. Additionally, the Applicant has submitted an application for
an Amended Final Plat to merge the four parcels ¡nto one.
The link to the application is available here. The referral request form is attached
Community Development is requesting any responses to referral comments by Friday, September 7,2OL7.
Thanks for your help and please contact me with any questions,
Patrick Waller
Senior Planner
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 94s-1377 ext. 1580
pwa I le r@ga rfie ld-cou ntv.com
http://www.ga rfield-co untv.com/com m unitv-developme nt/
3
EXHIBIT
L
Policy 0t-t4
Walvers for Roads and Demonstration of Compllance
March r,rO2 Ìrt
Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC)
requires all roads to be designed to provide for "adequate and safe access" and reviewed by the
designated County Engineer. The LUDC defines "road" as "a County road, State highway, public road,
street or alley, or private thoroughfare which affords primary access to abutting property, excluding a
driveway accessing a single property."
The LUDC defines "private road" as "a right-of-way constructed, established, owned, and maintained by
a private party for access exclusively to private property." Many of the roads in Garfield County are
private roads in that they are gated and do not serve the general public and they pre-exísted the design
currently required by the County's Road Standards as defined in Table 7-707.
The LUDC allows for the waiver of specific standards provided that the following criteria have been met:
1) an alternative design achieves the intent of the subject standard to the same or better degree and 2)
the proposed alternative will impose no greater impacts on adjacent properties than would occur
through compliance with the specific standard (Section 4-118).
ln applications that include roads that do not meet current County road standards as outlined in Table 7-
107, the County has asked that Applicants reguest a waíver of Section 7-707.t, Design Standards, and
include in the Application submittal sufficient information, prepared by a professional qualified ín the
specific discipline, to demonstrate that they meet the criteria outlined in Section 4-tL8 for granting a
waiver. ln doing so, the application must include:
A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to
include a clear statement that finds that the road will be adequote for the proposed use. This
statement must be signed by a professional engineer qualified in traffic engineering and licensed
by the State of Colorado. To support this evaluation, the following information will be required
to be provided:
o Geometry of the road - A description of how the private road does/does not meet the
design standards in Table 7-LO7. This should include a chart that compares the private
road design to those standards in Table 7-1A7, as wellas a map that shows the ex¡sting
road design and highlights those areas that deviate from the standards. A narrative may
also be helpful in describing the characteristics of the road as they compare to Table 7-
107 design standards. Unless available, this is not intended to imply construction-level
drawings.
llPage
o Safety/Structural lssues - A description of obvious safety and/or structural lssues
observed and a stetèment about how these íssues will be addressed.
o Malntenance - A description of how the road is and/or will be meintained. This should
be supported with the submittal of any existing or proposed maintenance agreements
for the road sections.
o Travel Demend - An accurate count of the existing peak travel demand as well as the
Average Daily Traffic on the road. This should also include the types of vehicles that
currently use the road as well as the additional amount and type of traffic that the
proposed use will generate through all phases of its development.
Other Evldence of Compliance. ln addition, Sections 7-tQ7 .A, B, C, D, and E are requÍred to be
addressed, which includes documentation about legal access. Sufficient evidence will þe
requíred to be submitted to demonstrate compliance with these sections of the Code,
2lPage
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