HomeMy WebLinkAbout20130038.tiffHEARING CERTIFICATION
DOCKET NO. 2013-02
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0065, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BRUCE SANDAU, ROBERT SANDAU,
BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC.
A public hearing was conducted on January 2, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Bob Choate
Planning Department representative, Diana Aungst
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated November 16, 2012, and duly published
November 21, 2012, in the Greeley Tribune, a public hearing was conducted to consider the
request of Bruce Sandau, Robert Sandau, Bartels Family LLC, c/o A&W Water Service, Inc., for
a Site Specific Development Plan and Use by Special Review Permit, USR12-0065, for a
Mineral Resource Development Facility, including Oil and Gas Support and Service (water
hauling) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this
a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, referral responses, and location. She referenced a letter received from a surrounding
property owner expressing concerns regarding noise, safety and traffic, which have been
addressed in the Improvements Agreement. Ms. Aungst entered the favorable recommendation
of the Planning Commission into the record as written and displayed maps and photographs of
the site and surrounding area. She addressed questions from the Board stating the remainder
of the site will remain in agricultural use, and she indicated the location of the residence
expressing concern.
ID Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans, average daily traffic (ADT) counts, access, Improvements Agreement requirements, and
haul route. She stated Development Standard #7 addresses the number of truck trips and
indicated a water quality feature is not required. In response to Commissioner Kirkmeyer,
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HEARING CERTIFICATION - BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC,
C/O A&W WATER SERVICE, INC. (USR12-0065)
PAGE 2
Ms. Hansen confirmed there will only be one access and she reviewed the triggers for
improvements.
e Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions, and Dust Abatement and Waste Handling Plans.
e Jeff Wright, A&W Water Service, Inc., represented the applicant and reviewed the
anticipated traffic patterns to avoid impacts to surrounding residences. In response to Chair
Garcia, Mr. Wright stated he has not contacted the neighbor who expressed concerns; however,
Linn Leeburg has visited with the individual and believes his concerns have been addressed.
e Linn Leeburg represented the applicant and reviewed his telephone conversation with
Mr. Ewing, stating they have attempted to mitigate his concerns by redirecting hauling traffic.
Commissioner Kirkmeyer commented she was contacted by Mr. Ewing and he was referred to
the Department of Public Works for additional assistance.
e No public testimony was offered concerning this matter. Chair Garcia clarified the
revisions to include changing all references of "accesses" to "access", amending Condition of
Approval #1.E.7 to replace the word "points" with "point", adding a sentence to the end of
Condition of Approval #1.A to state, "The haul route shall be determined in additional
discussions with the applicant and in accordance with the U.S. Highway 85 Access
Management Plan.", and adding a new Condition of Approval #1.E.8 to state, "Acknowledge the
U.S. Highway 85 Access Management Plan.", and the Board concurred. Responding to
Commissioner Rademacher, Ms. Aungst explained the USR application initially covered the
entire parcel; however, Subdivision Exemption, SUBX12-0016, was subsequently approved
which is now encompassed by this USR. (Clerk's Note: The legal description on the Resolution
was changed to reflect the Subdivision Exemption Lot.) Responding to Commissioner
Kirkmeyer concerning Development Standard #3, Mr. Wright explained the permitted use of the
well and the arrangement with the State. In response to Chair Garcia, Mr. Wright stated he and
the applicant have reviewed, and agree to abide by, the Conditions of Approval and
Development Standards, as proposed and modified.
IE Commissioner Kirkmeyer moved to approve the request of Bruce Sandau, Robert Sandau,
Bartels Family LLC, do A&W Water Service, Inc., for a Site Specific Development Plan and Use
by Special Review Permit, USR12-0065, for a Mineral Resource Development Facility, including
Oil and Gas Support and Service (water hauling) in the A (Agricultural) Zone District, based on
the recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. Her motion including
changing all references of "accesses" to "access", amending Condition of Approval #1.E.7 to
replace the word "points" with "point", adding a sentence to the end of Condition of
Approval #1,A to state, "The haul route shall be determined in additional discussions with the
applicant and in accordance with the U.S. Highway 85 Access Management Plan." (Clerk's
Note: The proposed language for Condition of Approval #1.A partially existed in the fourth
sentence, so the remainder of the new language was added to the end of that sentence.), and
adding a new Condition of Approval #1.E.8 to state, "Acknowledge the U.S. Highway 85 Access
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HEARING CERTIFICATION - BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC,
C/O A&W WATER SERVICE, INC. (USR12-0065)
PAGE 3
Management Plan." The motion was seconded by Commissioner Conway, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:38 a.m.
This Certification was approved on the 7th day of January, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUN Y, COLORADO
ATTEST:
Weld County Clerk to the Board
the Board
ORM:
u ty attorney
Date of signature:JAN 3 0 2013
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William F. Garcia, Chair
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D ugla�i ademach
r, Pro -Tern
Sean P. Conway
Mike Freeman
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer
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2013-0019
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