HomeMy WebLinkAbout20120526.tiff HEARING CERTIFICATION
DOCKET NO. 2012-08
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR11-0019, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(COMMERCIAL WATER SALES) IN THE A (AGRICULTURAL) ZONE DISTRICT -
KENNETH EVERITT, CIO A & W WATER SERVICE, INC.
A public hearing was conducted on February 22, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Tom Parko
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
I hereby certify that pursuant to a notice dated January 20, 2012, and duly published
January 25, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Kenneth Everitt, c/o A & W Water Service, Inc., for a Site Specific Development Plan
and Use by Special Review Permit, USR11-0019, for an Oil and Gas Support and Service
Facility (commercial water sales) in the A (Agricultural) Zone District. Bruce Barker, County
Attorney, made this a matter of record.
Chair Conway advised the applicant's representative, Linn Leeburg, Leeburg and Associates,
that he has the option of continuing this matter to a date when the full Board will be present.
However, if he decides to proceed today, it will require three affirmative votes, or in the case of
a tie vote, Commissioner Garcia will listen to the record and make the determining vote.
Mr. Leeburg indicated he would like to proceed today.
Tom Parko, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,
and gave a brief description of the location of the 2.7-acre site, which was created through
Subdivision Exemption, SUBX11-0005. He explained the applicant has a lease arrangement
with A&W Water Service for the proposed use, the well is permitted for commercial and
industrial use, and they are proposing the use of tanks for water storage. Mr. Parko stated the
site will be accessed from County Road (CR) 118, and he reviewed the haul route and
surrounding land uses. He stated the facility will be in operation 24 hours a day, seven days a
week; however, there will be no full time employees at the site. He further stated five of the
referral agencies responded with comments which have been addressed in the Conditions of
Approval and Development Standards, and the property is within the three-mile referral area for
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HEARING CERTIFICATION - KENNETH EVERITT, C/O A & W WATER SERVICE, INC.
(USR11-0019)
PAGE 2
the Town of Grover, which expressed concern with potential impacts to the water table and
increased traffic on CR 390. Mr. Parko displayed an aerial map and photographs of the site,
and explained there are two wells permitted through the Colorado Division of Water Resources:
one for irrigation of the corresponding 160-acre crop production parcel, and one for the
proposed commercial use. He noted this facility will attempt to alleviate use of municipal
hydrants and reduce truck traffic. In response to Commissioner Rademacher, Mr. Parko stated
the commercial well was reclassified from agricultural use.
Heidi Hansen, Department of Public Works, stated the access is approved for the proposed 70
truck trips per day at full buildout, and the applicant will be required to enter into a standard
Improvements Agreement to address a proportional share of maintenance repairs. She stated
the use will not require upgrades to CR 118; however, the applicant will be required to install a
tracking pad internal to the site, and stormwater improvements are not required, since there will
be no outdoor storage, parking, or permanent buildings. Ms. Hansen indicated there is no traffic
count on CR 118; however, staff will conduct a count to establish a base if upgrades are needed
in the future. Mr. Parko indicated the location of the surrounding residences, with the closest
being approximately 1.5 miles away on the other side of CR 390.
Mary Evett, Department of Public Health and Environment, indicated the applicant will provide
portable toilets for the drivers, which was supported by the Planning Commission in
Development Standard #11. She stated the access will be surfaced with gravel, and dust will be
controlled with reduced speeds, the applicant needs to provide the contact information to
complete the Waste Handing Plan, and Development Standards #5 through #13 are standard
requirements for this type of facility.
Mr. Leeburg represented the applicant and stated the site is located within a very rural area, the
surrounding property is owned by the applicant, and they do request the use of portable toilets,
since there will be no on-site employees.
No public testimony was offered concerning this matter. In response to Commissioner
Rademacher, Mr. Parko stated the Screening Plan will simply require that the applicant
document and maintain the existing screening. In response to Chair Conway, Mr. Leeburg
stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval
and Development Standards, as proposed and modified.
Commissioner Long moved to approve the request of Kenneth Everitt, c/o A &W Water Service,
Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR11-0019, for
an Oil and Gas Support and Service Facility (commercial water sales) 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. The
motion was seconded by Commissioner Kirkmeyer. Commissioner Rademacher stated he
reviewed the comments from the Town of Grover and commented this will be a less intense use
of the water than when it was in agricultural production. There being no further discussion, the
motion carried unanimously and the hearing was completed at 10:32 a.m.
2012-0526
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HEARING CERTIFICATION - KENNETH EVERITT, CIO A & W WATER SERVICE, INC.
(USR11-0019)
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This Certification was approved on the 27th day of February, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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EXHIBIT INVENTORY CONTROL SHEET
Case USR11-0019 - KENNETH EVERITT
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 2/7/2012)
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