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HomeMy WebLinkAbout20123204.tiff MEMORANDUM r , - T� TO: Kim Ogle, Planning Services DATE: August 29, 2012 vu c ou N?z7-1 FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: USR12-0053, Francisco Ramirez The Weld County Public Works Department has reviewed this proposal. This project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff comments made during this phase of the Use by Special Review process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: CR 31 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60- foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The applicant will utilize the existing access to the property. No additional accesses will be granted. Please show the existing access on the Plat and label it with the Access Permit number (will be provided). The applicant estimates that there will be approximately 15 business related pickup truck trips/day. No heavy haul traffic is proposed from this site. If heavy haul traffic is proposed in the future the applicant would need to revise this USR and enter into an Improvements and Road Maintenance Agreement with the County. There shall be no parking or staging of vehicles on CR 31. A Water Quality Feature has been designed for this site and is acceptable. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). REQUIREMENTS: 1. Add the following conditions of approval to the plat: a. Show and label the approved access point on the Plat with the Access Permit Number (will be provided). 2. Add the following development standards to the plat: a. 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. b. 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. c. There shall be no parking or staging of vehicles on CR 70. d. This site is not permitted for haul truck traffic. The addition of haul trucks would require an Improvements and Road Maintenance Agreement with the County. C:\Urs\kfordW ppData\Local\Microsoft\Wi ndows\Tanporary Internet Fi I es\Low\Content.I E5\Y8TF2DCR\USR12-0053[2].docx MEMORANDUM vefETO: KIM OGLE, PLANNING SERVICES G_OB N T Y °- FROM: MARY EVETT, ENVIRONMENTAL HEALTH SUBJECT: USR12-0053 DATE: AUGUST 29, 2012 Environmental Health Services has reviewed this proposal for an oil and gas support facility including roustabout and storage of pipes and pipe fittings. No commercial shop buildings are proposed. There will be up to 9 employees accessing the site. According to the applicant, the facility will mainly be used for storage of equipment, and employees will access the site to pick up and return vehicles and equipment. There will be no full- time or part-time employees stationed at the site. The following section is from Environmental Health Services, Weld County Department of Public Health & Environment, Septic Policies. 2.2.K Use of portable toilets and bottled water (revised 5/8/12) Purpose: To define when portable toilets and commercially bottled water are allowed. Policy: Bottled water from a commercial source is allowed in the following circumstances: 1 . Temporary or seasonal uses that are utilized 6 months or less per year (for example recreational facilities, firework stands, farmers markets ) 2. Gravel mines 3. 10 or less customers or visitors per day and/or one of the following: 4. 2 or less full time (40 hour week) employees located on site 5. 4 or less part time (20 hour week) employees located on site 6. employees or contractors that are on site for less than 2 consecutive hours a day Policy: Portable toilets are allowed in the following circumstances: 1 . Temporary or seasonal uses that are utilized 6 months or less per year (for example recreational facilities, firework stands, farmers markets ) 2. Gravel mines 3. 10 or less customers or visitors per day and/or one of the following: 4. 2 or less full time (40 hour week) employees located on site 5. 4 or less part time (20 hour week) employees located on site 6. employees or contractors that are on site for less than 2 consecutive hours a day Note: Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. As indicated above, it is the policy of this department that portable toilets are allowed when employees or contractors are on site for less than 2 consecutive hours a day. As personnel will be on site for a short duration, in accordance with Environmental Health Services policy the use of portable toilets is allowed. There is a domestic well (Permit No. 173128) that serves the existing residence on the property. The use of the well is restricted to ordinary household purposes. This well shall not be used for any of the business operations unless the well is re-permitted through the Colorado Division of Water Resources. The existing residence on the property is also served by an individual sewage disposal system (SP-9900307) and is permitted for 5 bedrooms or 10 persons. In the event the applicant intends to utilize the existing septic system at the home, for employee use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The applicant submitted a dust abatement which indicates that access drives and employee parking areas will be covered in gravel, and a commercial parking area will be paved with concrete. A water truck will be used to control onsite dust when needed. The applicant submitted a waste handling plan. No chemicals will be stored on site. No vehicles will be washed on site. There is a dumpster provided for refuse. The waste handling plan shall be revised to include the waste handler and facility where the waste will be disposed. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 2 1 . The applicant shall submit a revised 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) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). We recommend that the following requirements be incorporated into the permit as development standards: 1. 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. 2. 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. 3. 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. 4. The applicant shall operate in accordance with the approved "waste handling plan", at all times. 5. 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. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. 7. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are allowed when employees or contractors are on site for less than 2 consecutive hours a day. 8. In the event the domestic well (Permit No. 173128) on the property is used for the business operations, the well shall be re-permitted through the Colorado Division of Water Resources. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly 3 encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 10. In the event the applicant intends to utilize the existing septic system at the home, for employee use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. 11 .The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 4 MEMORANDUM WI`Dc COLORADO To: Kim Ogle, Planner November 9, 2012 From: Bethany Salzman, Zoning Compliance Officer Subject: USR12-0053 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV12-00096)was noted. This violation was initiated due to the operation of an oil & gas Support and Services business without first completing the necessary Weld County Zoning Permits. This case has not been presented to the Weld County Court Magistrate through the Violation Hearing process; however, is in the process of being forwarded to the County Attorney's Office for legal action. A Stipulated Agreement allowing adequate time to complete the USR permitting process and recording a final plat will be submitted to the court for approval. Since this application was submitted prior to an actual court date being scheduled, no investigation fee is required. Due to records release laws, staff no longer tracks complainant information, but please be aware it is staff's policy to no longer accept staff initiated complaints. This application if approved by the Board of County Commissioners and once a plat is recorded will correct the violation. If this application is denied, all oil &gas operations and associated activities and/or storage shall be removed from the property within 30 (thirty)days of denial or the violation will proceed in court accordingly. SERVICE,TEAMWORK,INTEGRITY,QUALITY Department of Planning Services 1555 N 17th Ave Greeley, CO 80631 G O U N T Y (970) 353-6100 Weld County Referral Date: August 3, 2012 Applicant: FRANCISCO RAMIREZ Project: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITIY INCLUDING AN OIL AND GAS SUPPORT FACILITY (ROUST-A-BOUT AND EXCAVATING SERVICE) IN THE A (AGRICULTURAL)ZONE DISTRICT Case Number USR12-0053 Parcel Number: After reviewing the application and documents submitted the Building Department has the following comments: We have reviewed the request and find no conflicts with our interests, there are no buildings proposed.Any site improvements such as electrical work or storage building do require building permits. All building permit requirements can be found on the Weld County web-site www.co.weld.co.us/building inspection/permits Frank Piacentino Plans Examiner Department of Building Inspection 08/13/2012 18: 05 3038570351 CITY OF FT LUPTON PAGE 01/01 1 n.,. 6t ' Weld County Referral L., -o- DUNTY July 31,2012 The Weld County Department of Planning Services has received the following item for review: Applicant: FRANCISCO RAMIREZ Case Number: USR12-0053 Please Reply By; August 28, 2012 Planner Kim Ogle Project: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITIY INCLUDING AN OIL AND GAS SUPPORT FACILITY (ROUST-A-BOUT AND EXCAVATING SERVICE)IN THE A(AGRICULTURAL)ZONE DISTRICT Location:WEST OF AND ADJACENT TO CR 31, NORTH OF AND ADJACENT TO CR 22 Parcel Number: 130909000018-R8048999 Legal: PT SE4 SECTION 9, T2N. R66W LOT A REC EXEMPT RE-2263 of the 6th P.M.,Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. I We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because; We have reviewed the request and find no conflicts with our interests. See attached letter. 1,14. Went(0( fat 5 e- 4 of 2-"- caj yLS -,' u�i "114.- owi ,t,. Signature 1_ Date � 4/4 Agency �T����777 Weld County PlannIra Deo:. 1555 N 17th Ave,G•eoloy.CO.20631 (970)353-6100 ex:.3540 (970)304-6498 fax OF Colo` DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES * 49, "F ""`S *./.1 John W.Hickenlooper /8 76 4 Governor Mike King Executive Director Dick Wolfe,P.E. Director August 3, 2012 Kim Ogle Weld County Planning Services Transmission via email: koqleco.weld.co.us Re: Site Specific Development Plan and Use by Special Review—oil and gas support Case USR12-0053, Ramirez Part of the SE1/4, Section 9, T2N, R66W, 6th P.M. Water Division 1, Water District 2 Dear Mr. Ogle: This referral does not appear to qualify as a "subdivision" as defined in Section 30-28- 101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. The proposal is to use this 10 acre parcel as a staging area for an oil and gas roustabout service. There is a residence on the lot and the main business use at the property is for vehicle and pipe storage. Employees will mainly access the site for access to the commercial vehicles and then head offsite. Well permit no. 173128, located on the lot, was issued on September 24, 1993 for household purposes, the watering of domestic animals and the irrigation of not more than one (1) acre of home gardens and lawns. Production is limited to the Laramie-Fox Hills aquifer, which is considered nontributary at this location. The permit was issued pursuant to CRS 37- 92-602(3)(b)(II) as the only well on a parcel of 40 acres described as the SE1/4 of the SE1/4 of Section 9. Subsequently, the lot was divided and the current parcel size is 10 acres, Therefore, the parcel on which the well is located is smaller than the parcel that was considered when issuing the original well permit. We recommend that the well with permit no. 173128 be re- permitted consistent with the size of the parcel on which it is located and consistent with the proposed uses. Including commercial use on a new well permit will allow the employees to use bathroom facilities if needed. A new permit on the lot of 10 acres could be issued for either (1) exempt commercial uses, where only drinking and sanitation uses inside the building are allowed, or (2) non-exempt uses including commercial, domestic and some outside uses. The ability of the application to obtain a new well permit and the allowed uses of such a well will be evaluated at the time the well permit application is submitted to the State Engineer's Office. Office of the State Engineer 1313 Sherman Street, Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us USR 12-0053 Page 2 August 3, 2012 We have no objection to the proposed use of the property, but the existing well should be re- permitted as described above. Should you have any questions, please contact Tracy Kosloff of this office. Sincerely, • Joan a Williams, P.E. ate Resource Engineer cc: permit file 173128 Hello