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Home My WebLink About20110561 RESOLUTION RE: APPROVE REQUEST TO MODIFY DEVELOPMENT STANDARDS#13 AND#14 OF USE BY SPECIAL REVIEW PERMIT#1695 -A &W WATER SERVICE, INC. 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 March 3, 2010, the Board of County Commissioners approved the application of A&W Water Service, Inc., 1892 Denver Avenue, Fort Lupton, Colorado 80621,for a Site Specific Development Plan and Use by Special Review Permit#1695 for a Mineral Resource Development Facility, including Oil and Gas Support and Services (water supply and storage, potash mixing and storage, and production pipe and equipment storage area) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the E1/2 of Section 31, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, Development Standards #13 and #14 were approved, to read as follows: "13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets may be utilized on the site for up to six (6) months, or until the office building, pipe storage yard, or potash facilities are utilized (whichever occurs first). The applicant may utilize portable toilets for an additional twelve (12) month period (beyond the initial 6 month period) if permission is granted by the Board of County Commissioners. After these periods have elapsed, an Individual Sewage Disposal System shall be required." "14. Upon implementation of the pipe and storage yard,the potash mixing facility, or the office, whichever first occurs, a permanent adequate water supply shall be provided for drinking and sanitary purposes.", and L ' Av ppA 2011-0561 3 l t PL2035 RECONSIDER DEVELOPMENT STANDARDS FOR USR#1695-A&W WATER SERVICE, INC. PAGE 2 WHEREAS,the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Department of Planning Services and, having been fully informed, finds Development Standards #13 and #14 shall be amended to read as follows: "13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. An office building and an Individual Sewage Disposal System shall be constructed when there are five (5) full time employees stations on the site. Portable toilets may be utilized on the site to accomplish this until an office building is utilized, whereupon an Individual Sewage Disposal System shall be required." "14. Upon construction of an office and an Individual Sewage Disposal System, a permanent adequate water supply shall be provided for drinking and sanitary purposes.", and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Development Standards #13 and #14 for Use by Special Review Permit#1695, on the hereinabove described parcel of land be, and hereby are, amended as stated above. BE IT FURTHER RESOLVED that all other Conditions of Approval included in Resolution #2010-0152, approved on March 3, 2010, remain in full force and effect. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLO DO ELAN ATTEST: �arbara Kirkmeyer, Ch it Weld County Clerk to the _iI.BY: a ricki / SearrF Co , ro-Tem 0 Deputy Clerk to the Boar• am F. Garcia AP D ORM: David E. Long unty Attorney Douglas Rademac r Date of signature: 2011-0561 PL2035 1861 -z° II MEMORANDUM wI E L i CO NT Y TO: Weld County Commissioners DATE: February 24, 2011 FROM: Chris Gathman SUBJECT: Proposed modifications to USR-1695 Development Standards (A&W Water Service, Inc.) Background; USR-1695 for a Mineral Resource Development Facility including Oil and Gas Support and Services (Water Supply and Storage, Potash Mixing and Storage and Production Pipe and Equipment Storage Area) was approved by the Board of County Commissioners on March 3, 2010. The facility is located north and west of the intersection of County Road 38.5 and State Highway 60. All conditions of approval have been addressed with the exception of condition of approval 1.Q — "The applicant shall address the requirements of the Colorado Department of Transportation (CDOT), as stated in the referrals received December 2, December 9, and December 28, 2009. Written evidence of such shall be provided to the Department of Planning Services." The applicant is in the process of finalizing Highway 60 road construction plans for CDOT. CDOT has indicated that these plans are being finalized and that a permit may be issued by the end of next week. Upon issuance of the permit, the USR-1695 plat can be finalized and be submitted for recording. Development Standards 13 and 14 in the approved USR-1695 resolution read as follows: Development Standard 13: "Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets may be utilized on the site for up to six (6) months, or until the office building, pipe storage yard, or potash facilities are utilized (whichever occurs first). The applicant may utilize portable toilets for an additional twelve (12) month period (beyond the initial 6 month period) if permission is granted by the Board of County Commissioners." Development Standard 14: "Upon Implementation of the pipe and storage yard, the potash mixing facility, or the office, whichever first occurs, a permanent adequate water supply shall be provided for drinking and sanitary services." Request: In a letter received February 9, 2011, Gary Wright of A&W Water Service, Inc. has requested to change Development Standards No. 13 and 14 of USR-1695 to read: Development Standard No. 13: "Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility at all times. An office building or an Individual Sewage Disposal System shall be constructed when there are full time employees stationed on site. Portable toilets may be utilized on site to accomplish this until an office building is utilized, whereupon an Individual Sewage Disposal system shall be required." 2011-0561 Development Standard No. 14: "Upon construction of an office or an Individual Sewage Disposal System a permanent adequate water supply shall be provided for drinking and sanitary purposes." The applicant indicated that these changes are requested due to: 1) the future storage yard and potash requiring only brief visits to the site for which the applicant feels port-a-potties are adequate and 2) the applicant's believe that the proposed office will not be constructed until sometime after 18 months from recording of the plat. Staff Recommendation: The Departments of Public Health & Environment and Planning Services are in support of the request and recommend the following revisions to Development Standard 13: "Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility at all times. An office building er and an Individual Sewage Disposal System shall be constructed when there are full time employees stationed on site. Portable toilets may be utilized on site to accomplish this until an office building is utilized, whereupon an Individual Sewage Disposal system shall be required." The Departments of Public Health & Environment and Planning Services recommend the following revisions to Development Standard 14: "Upon construction of an office er and an Individual Sewage Disposal System a permanent adequate water supply shall be provided for drinking and sanitary purposes." DRAFT To: cgathman@co.weld.co.us cc: Ilight@co.weld.co.us Dear Mr. Gathman: Thanks to you and to Lauren Light for meeting with Jeff Wright and Linn Leeburg on January 25, 2011 regarding USR-1695. A & W is committed to following the stipulations of the Weld County Board of County Commissioners (BOCC) Resolution of March 3, 2010 regarding the USR. Based upon the existing outlook for the site's development, A & W Water Service, Inc. needed further clarification regarding septic and water issues under the Development Standards of the USR, specifically Nos. 13 and 14. For instance, as long as the commercial well operation and the future storage yard and potash facilities require only brief visits to the site for loading and unloading, the USR site operates in this way much like a gravel operation and portable toilets suffice for septic needs. Also, because of CDOT's requirements to the site concerning the improvements on Highway 60, A&W now plans to remove the house (and existing bathroom). A&W intends to build an office when any full time employees are to be stationed at the site in the future. No. 13 provides authority to utilize portable toilets on Site for up to 18 months (from date of the recording of the Plat as discussed on January 25, 2011) or coincident with utilization of a future office building, storage yard or potash facility, whichever occurs first. As mentioned above, we believe the office will not be required until some time after the foregoing 18 month period. We will provide toilet services to drivers with portable toilets in the meantime, similar to a gravel operation. Based on the meeting on January 25, 2011, it is my understanding a modification of Development Standards No. 13 and 14 might be favorably considered by the BOCC and is hereby respectfully requested. The following language is suggested for No. 13: "Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility at all times. An office building or an Individual Sewage Disposal System shall be constructed when there are full time employees stationed on site. Portable toilets may be utilized on site to accomplish this until an office building is utilized, whereupon an Individual Sewage Disposal system shall be required." Similarly, a revision of Development Standard No. 14 is requested. No. 14 currently requires a permanent water supply be supplied upon implementation of the storage yard, potash facility or office, whichever come first. For the same reasons, we request No. 14 be revised to state as follows: "Upon construction of an office or an Individual Sewage Disposal System a permanent adequate water supply shall be provided for drinking and sanitary purposes." Thank you for your consideration and your and Ms. Light's advice. I look forward to hearing back from you concerning the proposed changes to the development standards. Please let us know when the Board will be considering the proposal. Gary Wright President A & W Water Service, Inc. Chris Gathman From: Lauren Light Sent: Thursday, February 10, 2011 2:56 PM To: Chris Gathman; Troy Swain Subject: RE: Septic Revisions on NO's 13 and 14 Attachments: image003.png; image004.png "Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility at all times. An office building or an Individual Sewage Disposal System shall be constructed when there are full time employees stationed on site. Portable toilets may be utilized on site to accomplish this until an office building is utilized, whereupon an Individual Sewage Disposal system shall be required." Sentence two should state: An office building and an individual sewage Disposal System shall be constructed when there are full time employees stationed on site. Change the "or" to "and". Does that make sense and is it o.k. with you and Troy? Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Ilight(c�co.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) • • Yt E V'N T` 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: Chris Gathman Sent: Thursday, February 10, 2011 9:00 AM To: Lauren Light; Troy Swain Subject: FW: Septic Revisions on NO's 13 and 14 Here is a requested revision to the Development Standards for USR-1695(A&W).The plat has not been recorded yet(we are still waiting for CDOT approval of the applicant's road improvement plans to State Highway 60). I will go ahead and set this up for a 9 AM agenda item before the Board of County Commissioners for either next week or the following week (I will let you know the date once it is scheduled). If you have any comments or concerns in regards to this request you can forward them to me. 1 Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO. 80631 Ph:(970)353-6100 ext. 3537 Fax: (970)304-6498 I84 I ii r'fJCL[' 6CH 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, Gary jmailto:GWright(aAWWaterService.coml Sent: Wednesday, February 09, 2011 11:26 AM To: Chris Gathman Cc: Verlene Leeburg; Wright, Jeffrey; Chrys Hinze; 'Carrie da Silva' Subject: Septic Revisions on NO's 13 and 14 Chris, Please see attached letter of recommendation for the board per your conversation with Linn Leeburg and Jeff Wright on January 25th, 2011. Thank you Gary Wright President A&W Water Service 1892 Denver Avenue Fort Lupton,CO 80621 Phone: 303-659-6523 Fax: 303-857-0637 2 . w.w •^+s% 18381 99 87NVal'M12aN t dH6M1D1'lE NDI1J35 I �i Sll N —��7 n'S1Nt>11flSN0O r�v1d isaudo73^3a V11O3.19 a1,9 aen ;Iii Is E_ �Sa� male fn>V' 5 35' i ,,,- _ N'v"1d 21;S NV 09 1'p'fl)NV;11 2131DYn Mt,' I illiE ---- 1{ I a _ 6 III il ill i; b ii 11-41i1 ii§ ail 1 s4 III �plll hv g I. 9 iii I lx"ipa l k t :18iy. 1 1 i it !eyI ., itig :: I5 - 4'� IN I IIII � e II �v�b br�'! 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