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Home My WebLink About20113283 INVENTORY OF ITEMS FOR CONSIDERATION • Applicant A&W Water Service Inc. Case Number USR11-0014 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Affidavit of sign posting X Legal Notifications X '` 2 Application X Maps X Deed/Easement Certificate X N Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Weld County Zoning Compliance, referral dated 9/9/2011 X • Colorado Division of Wildlife, referral dated 9/12/2011 X 4 Referrals with comments X Town of Grover, referral dated 10/7/2011 Weld County Department of Public Works, referral dated 10/31/2011 Weld County Department of Building Inspection, referral dated 10/19/2011 X State of Colorado, Division of Water Resources, referral dated 11/1/2011 Weld County Department of Public Health and Environment, referral dated X 10/7/2011 vhits— I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. (7///741- • Michelle Martin Planner EXHIBIT 2011-3283 A III 'ooc • 8 6 1 2 0 1 1 LAND USE APPLICATION SUMMARY SHEET WELR-___COUNTY I----I Planner: Michelle Martin Hearing Date: December 6, 2011 Case Number: USR11-0014 Applicant: A&W Water Service Inc. Representative: Linn Leeburg 707 Hawthorn Ave, Suite 207, Boulder CO 80304 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: Lot A of RE-4158 being part of the SW4 of Section 32, T11N, R61W of the 6th P.M., Weld • County, CO Location: North of and adjacent to County Road 122 and approximately '/a of a mile west of County Road 390 Size of Parcel: 5.93 Acres +/- Parcel No. 0213-32-000013 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: : Weld County Department of Public Health and Environment, referral dated 10/7/2011 State of Colorado, Division of Water Resources, referral dated 11/1/2011 • Weld County Department of Building Inspection, referral dated 10/19/2011 : Weld County Department of Public Works, referral dated 10/31/2011 : Town of Grover, referral dated 10/7/2011 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Zoning Compliance, referral dated 9/9/2011 : Colorado Division of Wildlife, referral dated 9/12/2011 • The Department of Planning Services' staff has not received responses from the following agencies: EXHIBIT A&W Water Service Inc. I USR11-0014,page 1 I LA lkODI Weld County Sheriff's Office Weld County Ambulance Service • West Greeley Soil Conservation District Pawnee Fire Protection District ➢ School District RE-12 • A&W Water Service Inc. USR11-0014,page 2 • I 8 6 1 - 2 0 II SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WELD__-€ OUNTY u Planner: Michelle Martin Hearing Date: December 6, 2011 Case Number: USR11-0014 Applicant: A&W Water Service Inc. Representative: Linn Leeburg 707 Hawthorn Ave, Suite 207, Boulder CO 80304 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: Lot A of RE-4158 being part of the SW4 of Section 32, T11N, R61W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 122 and approximately Y4 of a mile west of County Road 390 Size of Parcel: 5.93 Acres +/- Parcel No. 0213-32-000013 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services' staff 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. • A 8 W Water Service Inc. USR11-0014,page 3 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. 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 an 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) • A&W Water Service Inc. USR11-0014,page 4 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: • 1. Prior to recording the plat: 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. 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) D. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that there is a well appropriately permitted for the commercial drinking and sanitary purposes. Written evidence of such shall be provided to the Department Public Health and Environment. (Department of Public Health & • Environment) A&W Water Service Inc. USR11-0014,page 5 E. 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) F. 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) G. 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) H. 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) • 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 lable it as a no build or no storage area. (Department of Planning Services) 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 A&W Water Service Inc. USR11-0014,page 6 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) • A&W Water Service Inc. USR11-0014.page 7 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 shall be provided for employees and patrons of the facility, at all times. (Department of Public Health & Environment) 12. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health & Environment) 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health & Environment) • 14. In the event the facility's water system serves more 25 persons on a daily basis the water system A&W Water Service Inc. USR11-0014,page. 8 shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations. (25 people per day over a 60 day period). (Department of Public Health & Environment) 15. 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) 16. 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) 17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 18. 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) 19. 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) • 20. The landscaping/screening on site shall be maintained in accordance with the approved Landscape/screening Plan. (Department of Planning Services) 21. 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) 22. 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) 23. 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) 24. 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) 25. 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) 26. 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) • 27. 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 A&W Water Service Inc. USR11-0014,page. 9 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) • 28. 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) 29. 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) 30. 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) 31. 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 A&W Water Service Inc USR11-0014,page. 10 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, sand burs, 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. • • A&W Water Service Inc. USR11-0014,page. 11 • II al?:7114' DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL:AIL: mmartin@co.weld.co.us PHONE: (970) 353-6100, Ext. 3571 FAX: (970) 304-6498 COLORADO November 16, 2011 Linn Leeburg 707 Hawthorn Ave Suite 207 Boulder, CO 80304 Subject: USR11-0014 - 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 On parcel(s)of land described as: PT SW4 SECTION 32,T11N, R61W LOT A of REC EXEMPT RE-4158 of the 6th P.M.,Weld County, Colorado. Dear Applicant: • I have scheduled a meeting with the Weld County Planning Commission on December 6, 2011, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December 21, 2011 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, Digitally signed bya Kristine Ranslem Reason:l 1555 author of this document ,Z(./2--117-/74---7.1Location:1555 N 17th Ave Date:2011.11.16 07:57:03-07'00' Michelle Martin Planner • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 11/18/2011 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR11-0014 IN THE A (AGRICULTURAL) ZONE DISTRICT. Michelle Martin Name of Person PPosting Sign VgLon • Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this J(i9 'day of $)otf•tfr rt( , 2011 . WITNESS my hand and official seal. PUy` otary Publi BETHANY i BAUMAN 'c Ja'•, r O My Commission Expires: f qlc .�Q� P I�' I�-�1�� y� CO • BOARD OF COUNTY COMMISSIONERS' SIGN POSTING • CERTIFICATE THE LAST DAY TO POST THE SIGN IS 12/9/2011 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR11-0014 IN THE AGRICULTURAL ZONE DISTRICT. Michelle Martin Name of Person Posting Sign Xe7 Signature of Person Posting Sign • STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this ILI/ may of , 20! I . 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Property in question • a 41 r rwe:eir..- Property in question • FIELD CHECK Inspection Date: II/ic /Zoll Case Number: USR11-0014 Applicant: A&W Water Service Inc. Representative: Linn Leeburg 707 Hawthorn Ave, Suite 207, Boulder CO 80304 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: Lot A of RE-4158 being part of the SW4 of Section 32, T11N, R61W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 122 and approximately 1/4 of a mile west of County Road 390 Size of Parcel: 5.93 Acres +/- Parcel No. 0213-32-000013 Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural COMMENTS: There are no improvements on site. There is one access on the western side of the property. • Michelle Martin, Planner • 1 8 6 1 - 2 0 1 1 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE TI GREELEY, CO 80631 PHONE: (970) 35370) Ext. 3540 FAX: (9(970) 30404-6498 WELD,COUNTY u September 9, 2011 A&W Water Service, Inc. do Jeff Wright PO Box 887 Ft. Lupton CO 80621 Subject: USR11-0014 - Request 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 on a parcel of land described as Lots A and B of RE-4158 Part SW4 Section 32, T11 N, R61W of the 6th • P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Grover Planning Commission for their review and comments. Please call Grover at 970-895-2213 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Grover Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, Digitally signed by Kristine Ranslem �jl � Reason:Iamtheauth Ave this document �`� Location:1885 N 17th Ave Date:2011.09.09 08:34:38-06'00' Michelle Martin Planner • WELD COUNTY RECEIVED • SEP 0 2 2011 Weld County Planning Department COMPLETENESS REVIEW GREELEY OFFICE REVIEW DATE: 8/12/11 TYPE OF APPLICATION: USR LEGAL DESCRIPTION: Lot A and B of RE-4158 Being part of SW4 of Section 32, T11 N, R61 W COMPANY NAME/REPRESENTATIVE/OWNER: A&W Water Service Inc PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Michelle Martin at 970-353-6100 extension 3540, or email at mmartin@co.weld.co.us REVIEW: ()After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre-application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. REVIEW STAFF: Planning: Michelle Martin— mmartinPco.weid.co.us - 970-353-6100 x 3540 Public Works: Heidi Hansen— hhansen@co.weld.co.us- 970-304-9496 x3745 Public Health: Lauren Light—(light@co.weld.co.us—970-304-6415 x2211 Building Inspection: Frank Piacentino—fpLacentino(a)co.weld.co.us co_weld.cous—970-353-6100 x 3540 PLANNING COMMENTS The Department of Planning Services has reviewed the 7-Day Completeness Review and has the following comments. 1. Application fee of $2,500.00 2. Affidavit and certified names, addresses and the corresponding parcel number of all the properties located with 500 feet signed within 30 days of submitting a complete application. 3. Certificate of Conveyances signed within 30 days of submitting a complete application • Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 WELD COUNTY • 4. Notarized Evidence that Jeff Wright has the legal authority to sign for the corporation. 5. The property owner will need to sign the Affidavit of Interested Land Owners or grant permission to Linn Leeburg to sign on their behalf. 6. An easement will need to be established from Lot C to Lot A of RE-4158 for the use of the commercial well on Lot C. The easement shall include maintenance, access and the improvements. 7. The applicant shall clearly define the location of the outdoor storage areas. PUBLIC WORKS COMMENTS I have reviewed the 7-Day Completeness Review, Public Works shall be looking for five critical items: y Site Plan —Submitted Traffic Study - Full Report Not Required - Narrative submitted & will be reviewed when application is deemed complete. Preliminary Drainage Report - Full Report Not Required- Due to the onsite storage component of the project, a Water Quality Depression is required for this site. The area can be an existing on-site low point that will capture the stormwater and hold any contaminants on-site or it can be a shallow (1'-2' deep) depression dug downstream of the parking and storage areas. The depression must meet the volume calculated using the attached procedures. Please calculate the required volume and show an area meeting that volume on the site plan. Geotechnical Report-Not Required-Soils information provided. Flood Hazard Development Standards—Not in a FEMA Floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Public Works does not have adequate information to review this submittal. Please submit the following items: • Water Quality Depression HEALTH DEPARTMENT COMMENTS At this time the Health Department has no comments. BUILDING INSPECTION COMMENTS Building Department will require permits for any structures, which includes tanks. Electrical permits are required for any electrical work. 111 Weld County Department of Planning Services 918 10t1 Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 Hello