HomeMy WebLinkAbout20113282 • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jason Maxey, 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: USR11-0014
APPLICANT: A&W Water Service, Inc.
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Special Review Permit 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 lots parts 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
LEGAL DESCRIPTION: Part SW4 Section 32,T11 N, R61 W Lot A RE-4158 of the 6th P.M.,Weld County,Colorado.
LOCATION: North of and adjacent to CR 122; approximately 1/4 mile west of CR 390.
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." The
State Engineer, Division of Water Resources has permitted two(2)wells(well permit number 74693-F
and 74694-F) for commercial use in Weld County via truck hauling.
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 and 23-3-40.R of the Weld County Code allows for, A Site Specific
Development Plan and Special Review Permit 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 lots parts 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.
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 a parcel containing no improvements. Adjacent
properties to the north, south and east are mainly utilized for grazing of cattle. The nearest residence
is approximately 801 feet to the west of the property in question. Also just west of the property in
question is the Town of Grover municipal limits. The Weld County Department of Planning Services
has not received any comments from the surrounding property owners. Development Standards and
Conditions of Approval will ensure that this use will be compatible with surrounding land uses.
• EXHIBIT
---8 2011-3282
alt-0014
Resolution USR11-0014
A&W Water Service, Inc.
• Page 2
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
October 7, 2011 stated, "The Town of Grover Board of Trustees has reviewed the above mentioned
referral and we do have some concerns about this facility. The first concern is about its close
proximity to Grover and the possibility that the well could affect the Town's water supply. We are also
concerned about traffic, noise and just resulting from trucks coming in and out of the facility and the
close proximity to some residences in town. A&W Water has met with the Town and is aware of our
concerns. They have conveyed to us that they will respect our need to serve our water customers,
and if we detect a significant drop in water levels that they would limit their pumping time. They have
asked to start construction of the water dock prior to USR approval from Weld County, and the Town
of Grover has no objections to this."
As a condition of approval the applicant will need to address the concerns of the Town of Grover. The
maximum projected number of groundwater delivery loads to be hauled from this facility will be 34
round trips per day. The storage aspect of the business will utilize 5 round trips per day, for a total of
39 round trips per day from this facility. The applicant submitted a dust control plan which they will be
required to adhere to.
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 "High Potential Dry Cropland - Prime if they
become Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
This size of the parcel (5.93 acres) and because the site does not contain any irrigation water the
proposed USR does not take any additional Prime (Irrigated) Farmland out of production.
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:
Resolution USR11-0014
A&W Water Service, Inc.
• Page 3
A. The applicant shall attempt to address the requirements of the Town of Grover as stated in their
referral received October 7, 2011. Written evidence of such shall be provided to the Department
of Planning Services. (Town of Grover)
B. The applicant shall enter into a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all transportation (access drive,
parking areas, et cetera) and non-transportation (fencing, screening, drainage et cetera). The
agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of
County Commissioners prior to recording the USR plat. The applicant may submit evidence that
all the work has been completed and reviewed by the Department of Planning Services and the
Department of Public Work. (Department of Planning Services)
C. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan shall
include at a minimum, the following:
1) A list of wastes which are expected to be generated on site(this should include expected
volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Public Health & Environment)
D. 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)
E. The applicant shall submit a corrected recorded exemption plat for RE-4158 delineating the
location of the new approved access. The corrected Reordered Exemption plat for RE-4158 shall
be recorded before the plat for USR11-0014. (Department of Planning Services)
F. The applicant shall submit to the Weld County Department of Planning Services a screening plan
for review and approval. The screening plan shall screen all outdoor storage and parking areas
from adjacent rights of way and surrounding properties. (Department of Planning Services)
G. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR11-0014. (Department of Planning Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) Show the existing western access point (entrance) on the Plat and label it with the
Access Permit number(AP10-00041). (Department of Public Works)
5) The applicant shall show the approved water quality feature on the plat and label it as a
• no build or no storage area. (Department of Planning Services)
Resolution USR11-0014
• A&W Water Service, Inc.
Page 4
6) County Road 122 is designated on the Weld County Road Classification Plan as a local
paved road, which requires 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road
is maintained by Weld County. (Department of Public Works)
7) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or
trash collection shall be screened from adjacent public rights-of-way and adjacent
properties. These areas shall be designed and used in a manner that will prevent wind
or animal scattered trash. (Department of Planning Services)
8) The applicant shall screen the miscellaneous storage and equipment areas from
adjacent property owners and public rights of way. Section 23-2-240.A.10 of the Weld
County Codes states, "Buffering or screening of the proposed use from adjacent
properties may be required in order to make the determination that the proposed use is
compatible with the surrounding uses. Buffering or screening may be accomplished
through a combination of berming, landscaping and fencing. (Department of Planning
Services)
9) The applicant shall record the access and utility easement for the well located on Lot C of
RE-4158. The applicant shall delineate the easement with the reception number on the
plat. (Department of Planning Services)
• 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
mapsco.weld.co.us.(Department of Planning Services)
Motion seconded by Bill Hall.
•
Resolution USR11-0014
A&W Water Service, Inc.
• Page 5
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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 December 6, 2011.
• Dated( the 6th of December, 2011.
o yVu tirLCC;Raillidi411
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• A&W Water Service Inc
USR11-0014
1. A Site Specific Development Plan and Special Review Permit 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 lots parts 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
(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. No employees will be stationed on site. (Department of Planning Services)
5. 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)
6. 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)
• 7. 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. (Department of
Public Health & Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health & Environment)
9. 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)
10. 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)
11. Adequate drinking, hand washing and toilet facilities(bottled water, portable toilets and hand washing
units are acceptable) shall be provided for employees and patrons of the facility, at all time.
(Department of Public Health & Environment)
12. 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)
13. 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)
Resolution USR11-0014
A&W Water Service, Inc.
Page 7
• 14. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
15. 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)
16. 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)
17. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/screening Plan. (Department of Planning Services)
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 USR11-0014
A&W Water Service, Inc.
Page 8
• 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. All 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; 2011 National Electrical Code;
2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Building
Department)
28. 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.
/02-&- //
• residences on several of the parcels. Staff has not received telephone calls, letters or electronic mail for this
land use proposal.
Eight referral agencies have reviewed this case and three offered comments, some with specific conditions.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Heidi Hansen, Public Works,stated that they had very few concerns with this site. She added that the access
onto State Highway 52 is under CDOT jurisdiction. The applicants have received an access permit through
COOT.
Mary Evett, Environmental Health, stated that the hall will be served by a commercial well and an engineered
designed septic system. The septic permit has been issued and will require final approval prior to issuance of
Certificate of Occupancy. Ms. Evett suggested striking Condition of Approval 1.B as the applicant has
addressed all the outstanding concerns/requirements of the Environmental Health Department.
Jason Maxey moved to delete Condition of Approval 1.B, seconded by Robert Grand. Motion carried.
Ann Christen, Secretary of Homestead Grange No. 215, said that they started this project because they didn't
own the land where the previous hall was located and the existing landowners decided not to renew the lease;
therefore they were forced to find another location and moving the building was too old and costly. Ms.
Christen added that the Homestead Grange has always been a very important part of her life and would really
like to see this for her kids and other kids in the community. The Grange Hall has served the community very
well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
• The Chair asked the applicant if she 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.
Robert Grand moved that Case USR11-0022, 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 Benjamin Hansford.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand, yes with comment; Bill Hall, yes; Alexander Zauder, yes;
Jason Maxey,yes; Benjamin Hansford,yes; Mark Lawley,yes;Tom Holton, yes. Motion carried unanimously.
Commissioner Grand commended the applicants for working diligently to reproduce the Grange Hall in the
community because it is an important piece of the history for the community.
The Chair read the next case into record.
CASE NUMBER: USR11-0014
APPLICANT: A&W Water Service, Inc.
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Special Review Permit 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 lots parts 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
LEGAL DESCRIPTION: Part SW4 Section 32,T11 N, R61W Lot A RE-4158 of the 6th P.M.,Weld County,
• Colorado.
LOCATION: North of and adjacent to CR 122; approximately 1/4 mile west of CR 390.
I. EXHIBIT
C 2
• Michelle Martin, Planning Services, stated that the facility is located in a rural agricultural area on a parcel
containing no improvements. Adjacent properties to the north, south and east are mainly utilized for grazing of
cattle. The nearest residence is approximately 801 feet to the west of the property in question. Also,just west
of the property in question is the Town of Grover municipal limit. The Weld County Department of Planning
Services has not received any comments from the surrounding property owners. Development Standards and
Conditions of Approval will ensure that this use will be compatible with surrounding land uses.
The site is located within the three-mile referral for the Town of Grover; the Town in their referral dated
October 7, 2011 stated, "The Town of Grover Board of Trustees has reviewed the above mentioned referral
and we do have some concerns about this facility. The first concern is about its close proximity to Grover and
the possibility that the well could affect the Town's water supply. We are also concerned about traffic, noise
and the trucks coming in and out of the facility and the close proximity to some residences in town. A &W
Water has met with the Town and is aware of our concerns. They have conveyed to us that they will respect
our need to serve our water customers, and if we detect a significant drop in water levels that they would limit
their pumping time. They have asked to start construction of the water dock prior to USR approval from Weld
County, and the Town of Grover has no objections to this."
As a condition of approval the applicant will need to address the concerns of the Town of Grover. The
maximum projected number of groundwater delivery loads to be hauled from this facility will be 34 round trips
per day. The storage aspect of the business will utilize 5 round trips per day, for a total of 39 round trips per
day from this facility. The applicant submitted a dust control plan which they will be required to adhere to.
Planning staff is recommending approval of the application along with the conditions of approval and
development standards.
Heidi Hansen, Public Works, stated that County Road 122 is classified as a local roadway requiring 60 feet of
right-of-way at build out. In January 2011,there were 413 vehicles per day on that roadway. The applicants
• will be using an existing access into their site and then they will be sharing a paved exit with the neighboring lot
to the east. Expected daily traffic will be about 40 semis per day round trip. There will be an Improvements
and Road Maintenance Agreement with the applicant.
Mary Evett, Environmental Health, stated that the Colorado Division of Water Resources has issued two(2)
commercial well permits for this facility for water truck hauling. One well has been constructed on Lot A RE-
4158 and the other well is proposed to be installed on Lot C and an easement will be provided. Since no
employees will be stationed at this facility the applicant is proposing to provide portable toilets for the drivers.
It is the Health Department's policy that portable toilets are allowed when the use is temporary or seasonal for
up to 6 months. This is a year around business therefore permanent water and sewer is required to be
provided.
Jeff Wright, A & W Water Service, commented that they are developing several of these water loading
facilities around the County. Mr. Wright requested that portable toilets and bottled water be allowed because
there are no employees stationed at this facility. He added that they are willing to comply with noise control;
however they believe without the screening that they will be able to comply with the noise standards.
Commissioner Maxey asked what the average time is to fill a truck. Mr. Wright indicated that it takes
approximately 15 to 20 minutes to fill a truck. Commissioner Hall asked how many loads per day they are
anticipating. Mr. Wright said that they are expecting 39 loads per day. Mr. Hall asked if based on those
numbers if that would be too much for portable toilets. Mr. Wright said that they have not seen any problems
with their other sites which are larger. Ms. Evett added that they recommend 1 portable toilet per 10
employees on a typical 8 hour day.
Ms. Evett suggested that Development Standard 11 be amended to read"Adequate drinking, hand washing
and toilet facilities(bottled water, portable toilets and hand washing units are acceptable)shall be provided for
employees and patrons of the facility, at all time." In addition, Conditions of Approval 1.C and 1.D should be
• deleted as well as Development Standards 12, 13, and 14.
Robert Grand moved to amend Development Standard 11 as recommended by staff and delete Conditions of
3
• Approval 1.C, 1.D as well as Development Standards 12, 13, and 14, seconded by Bill Hall. Motion carried.
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 he read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Jason Maxey moved that Case USR11-0014, 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 Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman,yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes; Jason Maxey,yes;
Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR11-0016
APPLICANT: DCP Midstream LP
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Non-
1041 Major Facility of a Public Utility (12-inch natural gas pipeline) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Preferred Route Crosses Sections 31,32,33 AND 34,T5N,R66W;Sections 3 and
10,T4N, R66W; Sections 11, 12, 13 and 14,T4N, R65W; Sections 1,2,6, 7, 8,9,
10, and 11, T4N, R65W; and Section 31, T5N R64W OF THE 6T" P.M. WELD
COUNTY, COLORADO.
• LOCATION: East of CR 25; South of CR 52;West of CR 51; North of CR 44.
Kim Ogle, Planning Services, stated that the preferred pipeline route crosses multiple sections and services to
connect the compressor sites of Bernhard (USR-1791), Godfrey Bottoms(USR11-0005)and the LaSalle Gas
Plant(USR-1792). The pipeline route is located within three miles of the Towns of Milliken, LaSalle, Kersey
and Johnstown and the Cities of Greeley and Evans. Of all the municipal referrals, one response was
received from the Town of Johnstown who indicated no conflict with their interests.
The applicant reviewed three potential pipeline location alternatives and chose the preferred route because the
pipeline would parallel a second residual line which falls under the jurisdiction of the Federal Energy
Regulatory Commission (FERC). Many private easements(rights-of-way without fee ownership) have been
negotiated for this 12-inch pipeline,with private landowners,whereas the alternative alignments would require
new easements to be negotiated and involve crossings that may result in greater environmental impacts in
certain locations. The preferred route also avoids areas such as the Town of LaSalle, the Webster State
Wildlife Area, and the Lower Latham Reservoir.
The applicant has proposed a number of measures to mitigate impacts from the pipeline including
replacement of any soil that is removed, re-vegetated with native grasses as necessary or left fallow per the
landowner's request, and installing tracking pads where heavy equipment crosses county roads. The Federal
Emergency Management Administration (FEMA) returned a referral dated October 4, 2011 indicating that
portions of the proposed pipeline alignment are located within an identified special flood hazard area (1%
annual chance floodplain) on the Weld County Flood Insurance Rate Map No. 080266 0750 C. As a
participant in the National Flood Insurance Program, Weld County has adopted floodplain management
regulations which require a permit for development proposed within the floodplain. DCP Midstream LP has a
Flood Hazard Development Permit(FHDP-745) in place for the floodplain crossing of the South Platte River.
Forty-two (42) referral agencies have reviewed this case and three offered comments, some with specific
• conditions. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
4
Hello