HomeMy WebLinkAbout20112287.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley, 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: USR-1787
APPLICANT: Dietzler Water Resources Corporation
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas
Support and Service Facility(water supply&storage) in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: N2NW4 Section 13, T10N, R61W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 118; East of and adjacent to CR 95.
be recommended favorably to the Board of County Commissioners for the following reasons:
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." The
State Engineer, Division of Water Resources has permitted four (4) wells for industrial and
commercial use via truck hauling on a tract of land 3840 acres in area.
Section 22-2-20.C. 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." The proposed facility will utilize ground water from 4 wells [74874-F,
74876-F, 74877-F and 74878-F] that are permitted through the Division of Water Resources for
irrigation, industrial and commercial use, livestock, fish rearing, recreation, and pond filling on the
3840 acres of overlying land as described, and additionally in all of Weld County for industrial and
commercial use via truck hauling.
Section 22-2-20.G. A.Goal 7. states "County land use regulations should protect the individual
property owners right to request a land use change."
Section 22-2-20.G. 1. A.Policy 7.1. states "County land use regulations should support commercial
and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the
agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and
where adequate services are currently available or reasonably obtainable.The proposed groundwater
loadout facility will support oil and gas companies within a fifty(50)mile radius by supplying water for
their oil and gas drilling operations. Additionally, the facility may also provide water for irrigation and
industrial uses.
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." The proposed
facility is located approximately four (4) miles southeast of the Town of Grover and is bordered by
County Road 118 and County Road 95 to the north and west respectively. The facility will be located
• on an 80-acre parcel which is part of a 3840 acre land holding. Groundwater allocated from these
wells will be pumped to the load out facility through a centrall located water transmission pipeline.
2011-2287
Resolution USR-1787
• Dietzler Water Resources Corporation
Page 2
Section 22-2-80 D. (.Goal 4. of the Weld County Code states: "All new industrial development should
pay its own way." Dietzler Water Resources Corporation and their successors will be paying for all
on-site and offsite improvements associated with this use as required through the improvements
agreement.
Section 22-4-30.A.WA.Goal.1 states"Support the development of water that is put to beneficial use,
along with associated infrastructure." The proposed groundwater load out facility will provide a
valuable and indispensable service to oil and gas companies. The centralized location for load out
minimizes the removal of agricultural land from production.
Section 22-4-30.A. 1. WA.Policy 1.1. Acknowledge a water right as real property that is held by the
individual or entity that has developed or maintained the water decree." The State Engineer, Division
of Water Resources has permitted four(4)wells for industrial and commercial use via truck hauling
on a tract of land 3840 acres in area.
Section 22-4-30.A. WA.Goal.2 states "Strive to maintain and protect water supply storage facilities,
conveyances and infrastructure adequate to sustain continued water use." The allocation of
groundwater and installing a central groundwater load out facility is an appropriate use in an
agricultural area. In fact, the proposed use would ultimately reduce the impacts of oil and gas
operations in the area because utilizing local groundwater for production would generate less noise,
dust, traffic and waste.
Section 22-6-20.C.1. ECON.Policy 3.1. County activities and regulation should protect the rights of
private property owners and the public health, safety and welfare, recognizing that these basic rights
and protections allow the free market to prosper and grow the local economy.
• B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service
as a Use by Special Review 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 facility is located in a rural agricultural area on parcel containing no
improvements. Adjacent properties are utilized for grazing of cattle and similar ranching
operations. Oil and gas facilities are existing encumbrances on this parcel and adjacent
properties. There are no residences in the immediate area. Development Standards and
Conditions of Approval will ensure that this use will be compatible with surrounding land uses.
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
site is located within the 3-mile referral for the Town of Grover; the Town in their referral dated
June 10, 2011 stated"The Town of Grover is gravely concerned about this project and its close
proximity to the Town of Grover. First and foremost we are concerned about the huge amount of
water that will be coming out of the facility and the effect that will have on the water table in the
area. We are also immensely concerned about the huge amount of truck traffic it will bring to an
area that is already being over-run with this type of traffic. Weld County Road 390 is already in a
state of deterioration and we cannot imagine what 300 trucks per day going in and out of this site
will do to this road, not to mention adding to the dust problem that is already out of control. Lastly,
would like it noted that we will not allow any truck traffic through Grover on our main street
(Chatoga Avenue) all trucks should follow the designated truck route using road 122/Wilson
Avenue on the north side of Grover." The maximum projected number of groundwater delivery
• loads to be hauled from this facility will be 320 loads of water per day, utilizing approximately 40
tanker trucks to fill and deliver 8 loads of water per day. This Use by Special Review will be
Resolution USR-1787
Dietzler Water Resources Corporation
Page 3
• subject to a designated haul route and any intersection improvements such as adequate turning
radiuses, dust control if needed, on-site improvements or upgrades necessary to accommodate
this type of use. The Department of Public Works has identified the haul route for this facility. All
trucks will travel north for two miles on County Road 95 to County Road 122,traveling three miles
west to the paved portion of County Road 122. The four wells on the 3840 acre tract of land are
permitted for industrial use per the Colorado Division of Water Resources referral dated June 15,
2011. The 80 acre tract of land is part of the 3840 acre tract of land owned by the applicant.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood
Hazard or Airport Overlay District. The existing site is within the County Road Impact Fee Area
and the Capital Expansion Impact Fee area.
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 "Prime if they become Irrigated" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.The entire site is presently in rangeland and employed
with ranching activities. Well permit number 56473-F is also located on this parcel and is
approved for the withdrawal from the alluvium for watering of livestock. Well permit number
56473-F is not part of the water source for the proposed water supply and storage component.
• G. Section 23-2-220.A.7--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 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. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
B. All sheets of the plat shall be labeled USR-1787. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) Add note:"Weld County shall not be responsible for maintenance of on-site drainage
related structures." (Department of Public Works)
•
Resolution USR-1787
Dietzler Water Resources Corporation
• Page 4
3) The applicant will delineate on the plat drawing the improvements at the intersection
of the access drive and County Road 95, including the stop sign, the tapers,
adequate turning radiuses of sixty(60)feet minimum, all rights-of-way, easements,
and haul route sign located in the appropriate location prior entering onto County
Road 95, and any other red line items associated with either drainage or traffic as
stated in the Public Works referral dated July 1, 2011. (Department of Public Works)
4) Dimensions of parking area shall be indicated on the plat (minimum 30-degree
parking space dimensions are 9-feet x 94 feet. (Department of Planning Services)
5) Identify the location and layout of the water storage components on the plat drawing.
(Department of Planning Services)
6) The access will have 60 foot radius to accommodate the larger trucks entering and
existing the site. (Department of Public Works)
D. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Works, as stated in their referral response dated July 1, 2011, This includes
transportation related items, e.g., installing the stop sign and haul route sign in the
appropriate location as approved by Public Works, and site drainage related items.
(Department of Public Works)
E. The applicant shall enter into an Improvements Agreement According to Policy Regarding
Collateral for Improvements(Dietzler Water Resources Corporation: USR-1787)Collateral
will be posted for work to be completed. The agreement and form of collateral shall be
submitted for and reviewed by the Departments of Planning Services and Public Works and
• accepted by the Board of County Commissioners prior to recording the Use by Special
Review plat. (Departments of Public Works and Planning Services)
F. The applicant shall attempt to address the requirements of the Town of Grover as stated in
their referral received June 10, 2011. Written evidence of such shall be provided to the
Department of Planning Services. (Town of Grover)
G. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer and in
accordance with the Weld County Individual Sewage Disposal Regulations. The applicant
shall submit evidence of compliance to Weld County Department of Public Health &
Environment. (Department of Public Health & Environment)
H. If applicable, the applicant shall obtain stormwater discharge permit coverage from the
Colorado Department of Public Health & Environment, Water Quality Control Division for
construction activities. Written evidence of such shall be provided to the Departments of
Planning Services and Public Health and Environment. (Department of Public Health &
Environment)
The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
•
Resolution USR-1787
Dietzler Water Resources Corporation
Page 5
• 2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. above 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 sixty(60)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)
4. 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 maosco.weld.co.us (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required. (Department of Building Inspection)
B. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County:
• 2006 International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2008
National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
C. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Department of Building Inspection)
D. Building permits are required for buildings, structures and change of use for buildings which
required permits before the beginning of construction or the proposed change of use.
(Department of Building Inspection)
E. A building permit will be required for any new construction, alteration, or addition to any
building on the property. It is recommended that a code analysis be done on the project by a
design professional with experience in this area. (Department of Building Inspection)
F. The applicant or the applicant's representative shall at a minimum, submit drawings and
specifications for the diesel storage tank. (Department of Building Inspection)
G. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
• H. A letter is required from the Pawnee Fire Protection District as to whether a fire permit will be
required. (Department of Building Inspection).
Resolution USR-1787
Dietzler Water Resources Corporation
Page 6
• I A letter is required from the electric service provider indicating that adequate electrical
service is available to the site. (Department of Planning Services)
6. One month prior to the start of construction:
A. The applicant shall submit a grading permit showing: proposed grading, erosion control
placement, typical details for all BMPs to be utilized, and a Construction Stormwater permit
from the Colorado Department of Public Health and Environment. The permit must be
stamped by a registered professional engineer licensed in the State of Colorado. Please
note that the grading permit will not be released until the applicant has signed the
improvements agreement, posted collateral, and submitted the USR plat for recording.
Evidence of Department of Public Works approval shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Public Works)
Motion seconded by Jason Maxey.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
• Mark Lawley
Nick Berryman
Jason Maxey
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 Commissioner's 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 August 2, 2011.
�D��a``ted'�t��he 2nd of August, 2011.
YJ 1,l&& G�V 11
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Dietzler Water Resources Corporation
USR-1787
1. A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service
Facility(Water Supply&Storage)in the A(Agricultural)Zone District and subject to the development
Standards stated hereon. (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. Hauling hours (truck trips to and from the facility) shall be limited 24-hours seven-days/ week.
(Department of Planning Services)
4. The maximum number of employees employed at the site shall be forty(40). (Department of Planning
Services)
5. The haul route for this facility from the primary entrance is to travel 2 miles north on County Road 95
to Road 122 traveling 3 miles west to the paved portion of Road 122. (Department of Public Works)
6. An annual road inspection will be performed in the spring to establish the condition of the haul route
and surrounding roadways to determine if any road damage was caused by the operation of the
loading facility. (Department of Public Works)
7. The applicant will be responsible excavate, repair, or patch any damage on the roadways to mitigate
for heavy truck traffic volumes created by the loading facility. The type and method of repair will be
determined by the Department Public Works. (Department of Public Works)
• 8. If road damage is beyond repair, the applicant will pay their proportional share for the reconstruction
to restore the road. (Department of Public Works)
9. Roadways Improvements may be triggered due to heavy truck traffic associated with the facility:
A. Full Depth Mag-Chloride will be required when the traffic volumes reach 200 vehicles per day
(vpd).
B. CTB (Concrete Treated Base)with a Chip Seal or RAP is required when the traffic volumes
reach 300 vpd.
C. Pavement is required when the traffic volumes reach 500 vpd. (Department of Public Works)
10. Turn lanes will be triggered once traffic volumes meet the following warrants:
A. 25 vehicles per day (vpd) turning right into the facility during a peak hour.
B. 10 vph turning left into the facility during a peak hour.
C. 50 vph turning right out of the facility during a peak hour. (Department of Public Works)
11. No parking or staging of commercial vehicles on the county road is allowed. Use on-site parking area.
(Department of Public Works)
12. Weld County shall not be responsible for the maintenance of on-site drainage related structures.
(Department of Public Works)
•
Resolution USR-1787
Dietzler Water Resources Corporation
Page 8
• 13. 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)
14. No permanent disposal of wastes shall be permitted at this site. Any liquid or solid wastes shall be
stored and removed for final disposal in a manner that protects against surface and groundwater
contamination. 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. (Department of
Public Health & Environment).
15. Fugitive dust shall be controlled on this site. The facility shall comply with their approved fugitive dust
control plan. (Department of Public Health & Environment)
16. 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)
17. Adequate drinking water, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility at all times. (Department of Public Health & Environment)
18. This facility shall comply with the laws, standards, rules and regulations of the Water Quality Control
Commission, Air Quality Control Commission, Hazardous Materials and Solid Waste Division, and
any other applicable agency. (Department of Public Health & Environment).
• 19. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/screening Plan. (Department of Planning Services)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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)
•
Resolution USR-1787
Dietzler Water Resources Corporation
Page 9
• 26. 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)
27. 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)
28. 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)
•
•
with him. Amy said that the septic system is an issue because the Railroad doesn't want anything in the
ground at that area because it is a small narrow area and they don't want any water to be undermining the
• railroad. He added that they indicated that they have other property where there are vaults or portable toilets
and that is what they would prefer to see.
Amy Long said that the building permit could be very costly. He added that he is not clear what the cost is for
the required building permit. The hay can be removed and never stored in there. The building could be used
for private storage only as well. He added that they could utilize a portion of the building as an office for their
business because they do not have many clients that come in the building, possibly 10 people per day. He
added that they lease the property from the railroad but own the building and are stuck with it because their
lease is year to year.
Commissioner Maxey asked how long they have been operating. The Longs answered that they have owned
the building for 12 years but have been operating for the last 5 years.
Mr. Maxey asked if a vault would be acceptable. Ms. Evett said that the letter from the Railroad indicated that
they would not be in favor of a vault. She added that the Health Department allows vaults under temporary
uses, 6 months or less.
Commissioner Lawley asked the applicants if they have talked to the Railroad. Jeremy Long said that he did
talk to the Railroad and because of the angle of the property there is not enough property there to put in a
septic system.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Commissioner Holton said that it appears that the Railroad is holding up the case with regard to the septic
system as well as having issues with the Building Permit. Ms. Evett indicated that the application stated that
there are 3 employees proposed; therefore it would probably be a small septic system. Mr. Gesick said that
• they need to receive a definite plan from the applicant's on what they propose to store in this building and/or
future plans. He added that the applicant's have suggested many ideas but have not provided a definite plan.
The Chair asked the applicants if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicants replied that they are in
agreement.
Mark Lawley moved that Case USR-1783, be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Alexander Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Robert Grand,yes; Bill Hall, absent;Alexander Zauder,yes;Jason Maxey,yes; Ben Hansford,
yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Holton suggested that prior to the Board of County Commissioners hearing,the applicants visit
with the Union Pacific Railroad and Building Department to resolve those issues.
The Chair read the next case into record.
CASE NUMBER: USR-1787
APPLICANT: Dietzler Water Resources Corporation
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service Facility(water supply&storage) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: N2NW4 Section 13, T1 ON, R61W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 118; East of and adjacent to CR 95.
• Kim Ogle, Planning Services, stated that the request is for a site specific development plan and a special �,
review permit for oil and gas support and service facility(water supply&storage)in the A(Agricultural)Zone
3 .
District. The applicants are Dietzler Water Resources Corporation of Lisle, IL who is represented by Mickey
Lebya-Farnsworth of Patrick Engineering, Inc.
• The site is located east of and adjacent to County Road 95; south of and adjacent to County Road 118 on an
80 acre tract of land which is part of a 3840 acre tract of land held by the applicant.
The facility is located in a rural agricultural area on a parcel containing no improvements. Adjacent properties
are utilized for grazing of cattle and similar ranching operations. Oil and gas facilities are existing
encumbrances on this parcel and adjacent properties. There are no residences in the immediate area.
The site is located within the three-mile referral for the Town of Grover; The Town of Grover in their referral
dated June 10, 2011 stated "The Town of Grover is gravely concerned about this project and its close
proximity to the Town of Grover. First and foremost we are concerned about the huge amount of water that
will be coming out of the facility and the effect that will have on the water table in the area. We are also
immensely concerned about the huge amount of truck traffic it will bring to the area that is already being over-
run with this type of traffic. Weld County Road 390 is already in a state of deterioration and we cannot imagine
what 300 trucks per day going in and out of this site will do to this road, not mention adding to the dust
problem that is already out of control. Lastly, we would like it noted that we will not allow any truck traffic
through Grover on our Main Street (Chatoga Avenue). All trucks should follow the designated truck route
using Road 122/Wilson Avenue on the north side of Grover."
The maximum projected number of groundwater delivery loads to be hauled from this facility will be 320 loads
of water per day, utilizing approximately 40 tanker trucks to fill and deliver 8 loads of water per day.
This Use by Special Review will be subject to a designated haul route and any intersection improvements such
as adequate turning radiuses, dust control if needed, on-site improvements or upgrades necessary to
accommodate this type of use.
The Department of Public Works has identified the haul route for this facility. All trucks will travel north for two
• miles on County Road 122.
There are 4 wells on the 3840 acre tract of land permitted for industrial use per the Colorado Division of Water
Resources referral dated June 15, 2011. The 80 acre tract of land is part of this land which is owned by the
applicant.
There is also one well approved for the withdrawal from the alluvium for watering of livestock. This well
(Permit Number 56473-F) is not part of the water source for the proposed water supply and storage
component.
There are two(2)property owners within five hundred feet of this facility. The nearest residence is to the west
of the facility near County Road 118 and County Road 390.
Eleven referral agencies have reviewed this case and five offered comments, some with specific conditions
that have been incorporated into this recommendation.
There have been no letters, telephone calls or other contact received from interested parties.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Troy Swain, Environmental Health, stated that they would like to remove Condition of Approval 1.1 as the
applicant has submitted a Dust Control Plan that has been approved by the Department of Environmental
Health. Mr. Swain said that they have had discussions with the applicant and recommended removing
Condition of Approval 1.G for the following reason: The provision in the Weld County Code that requires
permanent sewage disposal and sanitary facilities are for structures where people congregate. Typically the
Department follows Policy K on the use of portable toilets where they only allow them for temporary or
• seasonal use. In this case there are no employees and no structures. All it is are truck drivers coming in to
load and unload. Because of the truck drivers coming in to load or unload,the Department recommends that
toilet facilities be provided for the drivers. Mr. Swain stated that they believe it is a modern adequate service
4
for this use, there are no stationed employees or occupied structures; therefore the Department is not
opposed to the applicant's request to remove this condition.
• Mr. Swain stated that if this condition is removed then we also need to amend Development Standard 17 by
removing "drinking water, hand washing, and".
Commissioner Maxey inquired what that does for Development Standard 4 regarding the number of
employees employed at the site. He understands from previous cases that although this is a facility where
they have truck drivers come and fill up a truck it is a year round operation. Mr. Ogle said that it is a year
round operation 24 hours a day, and therefore based on previous cases having similar uses requires a
lavatory for employees or patrons of the facility. .
Commissioner Maxey moved to delete Condition of Approval 1.1,seconded by Nick Berryman. Motion carried.
Don Carroll, Public Works, stated that the access is onto County Road 95, a local gravel road. County Road
122 is a couple miles to the north and is classified as a collector road. An Improvements Agreement, including
a designated haul route and tracking pads is required. A Preliminary Traffic Study was provided and indicated
320 round trips per day. A stop sign is requested coming out onto County Road 95. No parking or staging of
vehicles is allowed on county roads.
Mickey Leyba-Farnsworth, Project Manager with Patrick Engineering, 1499 120th Ave, Denver, CO, requested
that the Planning Commission support the request to strike the requirement for the permanent sewage
disposal system.
The intent of the facility is to supply the groundwater to oil and gas companies to support their drilling
operations within a 50 mile radius. In addition, the facility will have the ability to support groundwater for
municipal, industrial and irrigation uses. Currently there are two(2)groundwater wells and they have started
drilling for the next 2 additional wells. It is their intent to have four(4)wells up and operational. Several other
well sites are proposed to tie into their load out facility. They are estimating approximately 200 gallons per
• minutes for each well, resulting in 400 gallons per minutes from each site.
The load out facility will be a system of well pumps, water lines and frac tanks. This will allow the facility to
develop and store water in an efficient manner. The load out facility will be connected with the 8 inch and 15
inch distribution pipelines that will tie into the load out facility. Each well will also have its own dedicated
control and monitor connection that can be programmed as well as manipulated manually or via a secured
internet connection.
As the haul trucks enter the load out facility there will be signage that will guide the drivers to the appropriate
direction to the fill stations as well as directions for loading.
Commissioner Maxey asked how long it takes to fill a truck. Ms. Leyba-Farnsworth said that they are
proposing 400 gallon per minute pumps which would take approximately 15 minutes. She added that they are
expecting 40 trucks at 8 trips per day spread over a 24 hour period at full build out.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Mark Lawley moved that Case USR-1787 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand,yes; Bill Hall, absent;AlexanderZauder,yes;Jason Maxey,yes; Ben Hansford,
• yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:37 pm and reconvened the meeting at 2:45 pm.
5
Hello