HomeMy WebLinkAbout20130025.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR12-0065
BRUCE SANDAU, ROBERT SANDAU, & BARTELS FAMILY LLC, CIO A&W
WATER SERVICE, INC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FORA
MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS
SUPPORT AND SERVICE (WATER HAULING) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
SW4 SECTION 25, T4N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 40 AND EAST OF AND ADJACENT TO CR
35.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 - The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20. C. - A. Goal 3. states: "County land use regulations recognize and respect the
rights afforded by the State Constitution and associated statutes of individually decreed water
rights. Water rights are considered real property and should be protected as any other private
property right. "
Section 22-2-20. C.3 - A.Policy 3.3 states, "Land use regulations should consider the traditional
and future operational viability of water delivery infrastructure when applications for proposed
land use changes are considered."
Section 22-2-20. G - A. Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change."
Section 22-6-20 A. ECON. Goal 1. State: "Encourage the expansion of existing businesses and
the location of new industries that will provide employment opportunities in the County."
Section 22-2-20.G.2 - A.Policy 7.2 states, "Conversion of agricultural land to nonurban
residential, commercial, and industrial uses should be accommodated when the subject site is in
an area that can support such development, and should attempt to be compatible with the
region."
Section 22-2-80.D - I. Goal 4 states, 'All new industrial development should pay its own way."
The applicant will be responsible for covering all costs for all on -site and any applicable off -site
improvements associated with this use, as required through the Improvements Agreement and
Conditions of Approval.
Section 22-4-30.A - WA.Goal 1 states, "Support the development of water that is put to
beneficial use, along with associated infrastructure."
Section 22-4-30.A.1 (WA.Policy 1.1) states, "Acknowledge a water right as real property that
is held by the individual or entity that has developed or maintained the water decree."
24013-0025
RESOLUTION USR12-0065
BRUCE SANDAU, ROBERT SANDAU, & BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC
PAGE 2
The State Engineer's Office, Division of Water Resources (DWR), has permitted one (1) well for
industrial and commercial use. Well Permit #76241-F was issued for the appropriation of up to
1,122 acre-feet of water per year for industrial uses including equipment washing, oil and gas
exploration, development, reclamation, and dust suppression.
The DWR also stated that the wells may not be operated for these industrial uses unless they
are included in a substitute water supply plan approved by the State Engineer or a plan for
augmentation approved by the water court. The wells are currently included in the Green Water
Resource Alliance et al. substitute water supply plan valid through June 30, 2013 (if not
renewed).
The Development Standards will address this issue and require written evidence of an adequate
water supply on or before June 30 of each year from the State Engineers office, Division of
Water Resources.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A)
Zone District. Sections 23-3-40.A.2 of the Weld County Code allows for, A Site Specific
Development Plan and Use By Special Review for a Mineral Resource Development Facility
Including Oil and Gas Support and Service (Water Hauling) in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site is located in a rural area. Adjacent properties are mainly utilized for crops and rural
residences. The nearest residence is located approximately 120 feet to the south and across
County Road 40. The Weld County Department of Planning Services has received one letter in
objection of this project. The letter cites several issues including noise, safety, and truck traffic.
The attached Development Standards and Conditions of Approval, including a road
improvements and maintenance plan, will address the impacts and attempt to ensure
compatibility with surrounding area.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The subject property is located within the three-mile referral area of the Town of Gilcrest and The
Town of Gilcrest did not respond to the referral request.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The
existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee
and Drainage Impact Fee areas.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on soils designated as "Irrigated Land (Not Prime)" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. Therefore, this USR will
not take any Prime (Irrigated) Farmland out of production.
RESOLUTION USR12-0065
BRUCE SANDAU, ROBERT SANDAU, & BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC
PAGE 3
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. An Improvements and Road Maintenance Agreement is required for this site. Access
improvements shall include 60 foot turning radiuses and gravel section to prevent the tracking of
mud onto the County roadway. Additional improvements will be required if tracking occurs or if
trucking numbers increase. The haul route shall be determined in additional discussions with the
applicant. The triggers for roadway improvements agreed to by the applicant in the application
will be included in the agreement. The agreement and form of collateral shall be reviewed by
County Staff and accepted by the Board of County Commissioners prior to recording the Use by
Special Review plat. (Department of Public Works)
B. Submit a proposed gravel cross section for the accesses. Public Works will review the cross
section and provide comments. (Department of Public Works)
C. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review
and approval. (Department of Planning Services)
D. The applicant shall submit a screening/sound barrier plan to the Department of Planning
Services for review and approval. (Department of Planning Services)
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0065. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The approved lighting plan. (Department of Planning Services)
5) The approved screening/sound barrier plan. (Department of Planning Services)
6) County Road 40 and 35 are designated on the Weld County Road Classification Plan as local
gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall verify
the existing rights -of -way and the documents creating the rights -of -way and this information
shall be noted on the plat. All setbacks shall be measured from the edge of future rights -of -
way. If the rights -of -way cannot be verified, it shall be dedicated. These roads are
maintained by Weld County. (Department of Public Works)
7) Show and label the approved access points on the Plat (will be provided). Department of
Public Works)
RESOLUTION USR12-0065
BRUCE SANDAU, ROBERT SANDAU, & BARTELS FAMILY LLC, 0/O A&W WATER SERVICE, INC
PAGE 4
2. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff, The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one -hundred -twenty (120) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to dhuerter(a�co.weld.co.us. (Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Against Passage
Absent
Bill Hall
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 4, 2012.
Dated the 4"' of December, 2012.
Digitally signed by Kristine Ranslem
Date: 2012.12.10 16:00:08 -07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR12-0065
1. A Site Specific Development Plan and Use By Special Review for a Mineral Resource Development
Facility Including Oil and Gas Support and Service (Water Hauling) in the A (Agricultural) Zone
District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Written evidence of an adequate water supply shall be provided to the Weld County Department of
Planning Services on or before June 30 of each year from the State Engineers office, Division of
Water Resources. In the event that water is not renewed for this well # 76241-F all activities pursuant
to this USR12-0065 shall be suspended until such time as written evidence is provided that there is an
adequate water supply.
4. Hauling hours (truck trips to and from the facility) shall be 24 -hours seven-days/week. (Department of
Planning Services)
5. No employees will be stationed on site. (Department of Planning Services)
6. There shall be no parking or staging of vehicles on County roadways. (Department of Public Works)
7. The maximum number of proposed trucks utilizing the site is 100 roundtrips per day. If the number of
trucks exceeds this maximum an amendment to this USR may be required and the Improvements and
Road Maintenance Agreement shall be revised and additional improvements may be required to
mitigate the additional impact to the haul route. (Department of Public Works and Department of
Planning Services)
8. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
9. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health &
Environment)
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment)
12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved "waste handling plan", at all times. (Department of
Public Health & Environment)
13. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan", at all times. (Department of Public
Health & Environment)
RESOLUTION USR12-0065
BRUCE SANDAU, ROBERT SANDAU, & BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC
PAGE 6
14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment)
15. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets are acceptable. Records of maintenance and proper disposal for portable toilets
shall be retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld
County and shall contain hand sanitizers. (Department of Public Health & Environment)
16. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh
water spills should be captured in above -ground containment areas for reuse or allowed to infiltrate.
There shall be no discharge from this process to surface waters or to the facility's stormwater
management system, in accordance with the Rules and Regulations of the Colorado Water Quality
Control Commission, and the Environmental Protection Agency. (Department of Public Health &
Environment)
17. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health & Environment)
18. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties; and Neither
direct nor reflected light from any light source may create a traffic hazard to operators of motor
vehicles on public or private streets and no colored lights may be used which may be confused with or
construed as traffic control devices. (Department of Planning Services)
19. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of Planning
Services)
20. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of
Planning Services)
21. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
24. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
25. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
RESOLUTION USR12-0065
BRUCE SANDAU, ROBERT SANDAU, & BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC
PAGE 7
26. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
27. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood. (Department of Planning Services)
PC mtnccteo
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR12-0065
BRUCE SANDAU, ROBERT SANDAU, & BARTELS FAMILY LLC, C/O A&W
WATER SERVICE, INC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL
AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
SW4 SECTION 25, T4N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO CR 40 AND EAST OF AND ADJACENT TO
CR 35.
Diana Aungst, Planning Services, presented Case, reading the recommendation and comments into the
record. Ms. Aungst stated that one letter was received from a surrounding property owner expressing
concern over noise, safety and truck traffic. The Department of Planning Services recommends approval
of this application with the attached conditions of approval and development standards.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan and Dust Abatement Plan.
Jeff Wright, A&W Water Service, 1892 Denver Ave, Ft. Lupton, CO stated that this water depot is in
response to Weld County so that they are off the roadways to fill with water. He added that there will be
up to 100 truck trips per day and is willing to change the haul route to accommodate concerns expressed.
In regard to noise they will be loading their trucks near the tanks so that the tanks can mitigate some of
the noise.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Norma Taylor, 1001 Ash Avenue, Gilcrest, Colorado. Ms. Taylor said that she serves on the Gilcrest
Town Board and added that they did not know about this request. She appreciated concerns that Mr.
Grand expressed in regard to traffic on Highway 85. Ms. Taylor said that one mile of Highway 85 goes
through Gilcrest with a minimum speed of 50 mph. She expressed concerns regarding the speed of
traffic on Highway 85 and turning on and off of the highway. Ms. Taylor stated that she has no problems
with A&W Water and has no problems with this type of operation; however she is concerned with traffic.
Mr. Wright said that they are willing to work on the haul routes and find a route that accommodates those
concerns. The 100 truck count is high and they don't believe that they will reach that number so he is
willing to reduce that number.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR12-0065 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes =7)
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
USR12-0069
LYSTER FAMILY FARMS, PARTNERSHIP, C/O HIGH SIERRA
SERVICES
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND A
SPECIAL REVIEW PERMIT (AMUSR-729) FOR A MINE
DEVELOPMENT FACILITY INCLUDING OIL AND GAS SU
OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJ
WATER
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