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HomeMy WebLinkAbout20121194.tiff RESOLUTION RE: ACCEPT REQUEST OF A&W WATER SERVICE, INC., TO WITHDRAW APPLICATION FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR11-0014,FOR AN OIL AND GAS SUPPORT AND SERVICE(WATER HAULING)AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS. PUD DEVELOPMENT PROPOSALS SHALL NOT BE PERMITTED TO USE THE SPECIAL REVIEW PERMIT PROCESS TO DEVELOP (OUTDOOR STORAGE), IN THE A(AGRICULTURAL)ZONE DISTRICT, AND RESCIND RESOLUTION #2011-3281, DATED DECEMBER 21, 2011 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on December 21, 2011, the Board approved the application of A &W Water Service, Inc., c/o Jeff Wright, P. O. Box 887, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0014, for an Oil and Gas Support and Service (water hauling) and any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the Use by Special Review Permit process to develop (outdoor storage), in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption #4158; being part of the SW1/4 of Section 32, Township 11 North, Range 61 West of the 6th P.M., Weld County, Colorado WHEREAS,on May 9,2012,the Board was presented with a letter,dated May 2, 2012,from the property owner requesting the withdrawal of the application, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and all of the exhibits and evidence presented in this matter and, having been fully informed, accepts said request for withdrawal, and WHEREAS,after review,the Board deems it advisable to grant the request of A&W Water Service, Inc., and thereby accept the withdrawal of the application and to rescind Resolution #2011-3281, dated December 21, 2011. CC,1 P L , Pup, +L, Opp,. 2012-1194 PL2143 ACCEPT WITHDRAW REQUEST AND RESCIND RESOLUTION #2011-3281 (USR11-0014) - A&W WATER SERVICE, INC. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of A &W Water Service, Inc., to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit, USR11-0014, for an Oil and Gas Support and Service(water hauling)and any use permitted as a Use by Right,Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the Use by Special Review Permit process to develop (outdoor storage), in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #2011-3281, dated December 21, 2011, be, and hereby is, rescinded. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of May, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTESOw, Sean P. Con , Chair Weld County Clerk to the Boar.Ia /1N / %William F. Garcia, -Tem BY: Deputy Cl a k to the Bo ,� •�-arbirkmey r �APP D :`°UN __99 C , � avid E. Long ttorney C}) cFonh.4124 Q Y Douglas2ademacher Date of signature: 5-X 2012-1194 PL2143 Esther Gesick From: Michelle Martin Sent: Friday, May 04, 2012 8:08 AM To: Esther Gesick Cc: Heidi Hansen; Mary Evett Subject: FW: Grover USR Attachments: USR 11-0014 Withdrawal -5-2-2012.docx Esther, Could you please set USR11-0014 up with the BOCC for withdraw per the applicant's request (see attached letter). Staff is ok with the applicants request. Michelle Martin Planner Ill 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 Igo . tjr ' — q * r ' o u''1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Wright, Jeffrey [mailtoJWright@AWWaterService.com] Sent: Wednesday, May 02, 2012 7:53 AM To: Michelle Martin Cc: Wright, Gary; Verlene Leeburg Subject: Grover USR Michelle, Thanks for your patience while we worked through and investigated the issues with our well in Grover. Please see the letter attached stating our need to withdraw our USR application. Thanks Jeff Wright A&W Water Service 303-434-6989 jwright@awwaterservice.com 2012-1194 1 AV 41fii ter service, inc A SUPERIOR ENERGY SERVICES COMPANY May 2, 2012 Ms. Michelle Martin Planner III Weld County Planning 1555 North 17th Avenue Greeley, CO 80631 Subject: USR 11-0014 Dear Michelle: Kindly accept this correspondence as notification that A&W Water Service, Inc.finds itself in a position wherein the subject USR will not serve our company's business needs. Subsequent to Board of County Commissioners approval,we experienced a decline in water well production on the Site. As a result our planned Uses under the USR will not be necessary, and therefore, we request USR 11-0014 be withdrawn. We sincerely appreciate all the work of yourself and your associates in the pursuit of this endeavor. It is our understanding the well and electrical, access,gravel,fencing and water quality feature may remain on site. We will remove the tanks. We recognize future Uses may require a new land use proceeding. Sincerely, Jeff Wright 1 ` Michelle Martin From: Mary Evett Sent: Friday, February 24, 2012 2:39 PM To: Michelle Martin Subject: RE: waste handling plan They just need to provide the contact information for the waste hauler and disposal site for trash and garbage to meet the condition 1.C. Also, I am trying to get the Kaufmann referral done (MUSR12-0002). Hope to have it done by today.Just got back from the field. It's been a busy week. Have a good weekend. Mary Evett Environmental Health Specialist Weld County Department of Public Health and Environment 1555 N 17th Ave Greeley, CO 80631 tel: 970-304-6415, Extension 2216 • IAN a..r:-' - < _II rp Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michelle Martin Sent: Friday, February 24, 2012 1:34 PM To: Mary Evett Subject: FW: waste handling plan Mary, Have you received an updated waste handling plan for USR11-0014? If so has the condition 1.C been addressed? Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970)304-6498 1 40, Tjr . -- Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Lauren Light Sent: Friday, February 24, 2012 12:37 PM To: Michelle Martin Cc: Mary Evett Subject: RE: waste handling plan I think this is A and W water and is marys.... Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 IlightAco.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) IA<I x TI r -- " rr Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michelle Martin Sent: Wednesday, February 22, 2012 9:30 AM To: Lauren Light Subject: waste handling plan Hi Laruen, Have you received an updated waste handling plan for USR11-0014? If so has the condition 1.C been addressed? Michelle Martin Planner III 1555 N 17th Ave 2 Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 I c _ g o r f Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 / RECEIVED Water FM 21 7017 service, inc Weld County Planning Department A Complete Energy Services Company GREELEY OFFICE 2/15/2012 Town of Grover Grover, Colorado,80729 Attn: Town Board Members Dear Board Members: Subject: Weld County USR11-0014 As a follow-up to our meeting of October 6, 2011 and the Board's Referral Comments of October 7, 2011: The Board of County Commissioners (BOCC) authorized USR11-0014 on December 21, 2011. Conditions of their approval suggest open and continued lines of dialogue between A & W Water Service and the Town are appropriate as the USR is implemented. We understand Town concerns regarding potential traffic, noise, and visual and water well impacts and are sensitive to those issues. The BOCC has mandated Haul Routes from paved CR-122, screened fencing, and compliance with all County noise and other Regulations. A &W certainly plans to honor those stipulations. Potential water impacts present a dilemma to all concerned. The State of Colorado has jurisdiction over groundwater issues and has obviously authorized The Town of Grover, A & W and others to drill wells. I suspect there will be more in the future. The State's responsibility is to address and administer the number of wells, their locations, their depths and their allowed volumes. Their role is to protect the rights of all Colorado citizenry, whether individual, corporate or municipality. Their decisions are founded on experience, the law, and best available knowledge and science. Obviously the complexities surrounding subsurface water are many. PO Box 887 Fort Lupton, CO 80621 303-659-6523 303-857-0637(fax) As we move forward please be assured of A & W Water Service's willingness to work with the Town of Grover should concerns arise regarding this USR. A & W desires to be a good citizen, a good neighbor and an asset to Grover. I and my associates are available at 303-434-6989 to respond to concerns or questions at any time and further are to meet with the Town Board at your direction. Sincer ly7 Jeff Wright Cc: Tom Parko Weld County Planning Michele Martin Weld County Planning PO Box 887 Fort Lupton, CO 80621 303-659-6523 303-857-0637(fax) Hello