HomeMy WebLinkAbout20113293 HEARING CERTIFICATION
DOCKET NO. 2011-76
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR11-0014, FOR AN OIL AND GAS SUPPORT AND SERVICE (WATER HAULING)
AND ANY USE PERMITTED AS A USE BY RIGHT, 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-A & W WATER SERVICE, INC.
A public hearing was conducted on December 21, 2011, at 10:00 a.m., with the following
present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated November 18, 2011, and duly published
November 23, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the
request of A & W Water Service, Inc., for a Site Specific Development Plan and Use by Special
Review Permit, USR11-0014, for an Oil and Gas Support and Service (water hauling) and any
use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. PUD development proposals shall not be permitted to use the Use by Special
Review permit process to develop (outdoor storage), in the A (Agricultural) Zone District. Brad
Yatabe, Assistant County Attorney, made this a matter of record.
Michelle Martin, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,
and gave a brief description of the location of the site and the surrounding land uses. She
stated there are no improvements on the property, the nearest residence is 800 feet to the west,
and the site is within the three-mile referral area for the Town of Grover, which expressed
concern with potential impacts to the Town's water well level, noise, and traffic. Ms. Martin
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reviewed the number of truck trips and she displayed an aerial map and photographs of the site
and surrounding area.
Heidi Hansen, Department of Public Works, stated the site will be accessed from County
Road 122, which is a local roadway with 60 feet of right-of-way and an average daily traffic
count of approximately 413 vehicles. She stated the applicant will utilize an existing shared
access with the neighbor to the east, and they anticipate approximately 40 truck trips per day for
the storage and water hauling components of the proposal. Ms. Hansen stated the applicant
will be required to enter into an Improvements Agreement, a water quality depression has been
installed, and the Dust Abatement Plan will only address on-site dust, since County Road 122 is
paved.
Mary Evett, Department of Public Health and Environment, stated the site has two commercial
well permits for water hauling, which are limited to a depth not to exceed 130 feet. She stated
the Colorado Division of Water Resources' website reflects the Town of Grover's wells range in
depth from 200 to 240 feet. She further stated there will be no on-site employees and portable
toilets will be allowed for the drivers.
Linn Leeburg, Leeburg and Associates, represented the applicant and confirmed the two wells
are permitted for a depth of 130 feet, which will not conflict with the Grover wells, since they are
in a different aquifer formation. He stated the applicant has informally agreed to reduce the
pumping activities if the static level of the Grover wells drops, which was discussed in a Town
meeting prior to the Town submitting its written comments. He stated the applicant will abide by
the haul route, which will be designated in the Agreements with subcontractors, and they will not
drive through the Town of Grover unless absolutely necessary to serve a specific customer.
No public testimony was offered concerning this matter. Following discussion, in response to
Mr. Leeburg's request, the Board instructed staff that the screening should be limited to the
south along County Road 122, and along the east to screen the outdoor storage from the
Grover residents. Responding to Chair Kirkmeyer, Mr. Leeburg stated 60 days will be sufficient
time to complete the requirements and record the plat. Responding to Ms. Martin, the Board
declined to include language limiting the number of truck trips per day. In response to Chair
Kirkmeyer, Ms. Hansen stated there is only one access from County Road 122; however, there
is an easement to the west which crosses an adjoining parcel. In response to Chair Kirkmeyer,
Mr. Leeburg stated he and the applicant have reviewed, and agree to abide by, the Conditions
of Approval and Development Standards, as proposed.
Commissioner Long moved to approve the request of A & W Water Service, Inc., for a Site
Specific Development Plan and Use by Special Review Permit, USR11-0014, for an Oil and
Gas Support and Service (water hauling) and any use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts, provided that the
property is not a Lot in an approved or recorded subdivision plat or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions. PUD development proposals shall
not be permitted to use the special review permit process to develop (outdoor storage), in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. The motion was seconded by Commissioner Rademacher, and it carried unanimously.
There being no further discussion, the hearing was completed at 11:10 a.m.
2011-3293
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This Certification was approved on the 28th day of December, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
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ATTEST:
arbara Kirkmeyer, C air
Weld County Clerk to the Board
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Sean P. C �P a , ro-Tem J vcf>".
Deputy Clerk to the Boards
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4,` EXCUSED DATE OF APPROVAL
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR11-0014 -A&W WATER SERVICE, INC.
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 12/06/2011)
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