HomeMy WebLinkAbout20120097 EXHIBIT
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• 1861 - 2011 MEMORANDUM USe
— TO: Tom Parko, Planning Services DATE: September 12, 2011
W
I E L DEC O U N T Y FROM: Heidi Hansen, P.E., Public Works Department
L�J SUBJECT: USR11-0009, Francisco & Patricia Barron
A Site Specific Development Plan and Use by Special Review permit for an oil and gas support
business.
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 30 is a collector road and requires an 80-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.
Weld County has 30 feet of unmaintained County right-of-way east of and adjacent to the CR 47 section
line.
• It appears that there is a parcel under other ownership between the USR parcel and the County right-of-
way. An easement will need to be obtained in order to cross this parcel and access onto the
unmaintained section line right-of-way. Please record the easement via separate document and submit a
copy of the recorded easement as well as written permission from the landowner to cross the property
with a business access.
A non-exclusive license agreement between the applicant and the County is required to utilize the
unmaintained County right-of-way along the CR 47 section line. This agreement will state that the
applicant is aware that the County right-of-way is unmaintained, that their use is not exclusive and the
County will not be responsible for repairs, maintenance and snow removal. The agreement will be
prepared by the Public Works department for the applicant before recording the plat.
The applicant shall utilize the existing access onto CR 30. No additional accesses onto CR 30 will be
granted.
Adequate truck turning radiuses (45' min) are required at the access point on to CR 30. The access and
driveways interior to the property must consist of an all-weather surface such as recycled asphalt or the
equivalent or a tracking control pad may be required at the access point to prevent tracking of mud and
debris on to the County roadway.
Please show the approved access(es) on the plat and label them with the approved access permit
number. The approved access permit number will be provided when the applicant either submits the
additional items (written permission and a recorded easement) to access the CR 47 right-of-way or when
the applicant resubmits a revised access permit application form showing only the access on to CR 30.
• An improvements agreement may be required if the above improvements (all-weather surface/tracking
pad, turn radiuses, water quality depression) as well as any requirements from the Planning Department
(fencing, landscaping, etc.) are not fully installed prior to recording the plat.
The applicant has submitted a water quality depression design that is acceptable to Public Works.
M:\PLANNING\r.Parko\Casts\USR\USR I I-0009_Thompson\Rei 2012-0097
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• This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA).
REQUIREMENTS:
1. Submit a recorded easement and written approval for access across the neighboring property to
the CR 47 unmaintained section line right-of-way or submit a revised access permit application
and site plan showing a single access on to CR 30.
2. Label the access point(s) with the approved access permit number (will be provided).
3. A non-exclusive license agreement is required for the use of CR 47 before recording the plat.
4. An Improvements Agreement will be required for this project if the all-weather driving surface
and/or tracking pad, water quality depression, and turn radiuses at the access point are not fully
installed before recording the plat.
5. Label the water quality depression as "Water Quality Depression — No Build or Storage Area" on
the Plat.
6. Add the following notes 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. Weld County is not responsible for the maintenance of on-site drainage related features.
c. 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.
pc: USR11-0009
•
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Kit
MEMORANDUM
TO: TOM PARKO, PLANNING SERVICES
FROM: LAUREN LIGHT,C. 1E O09 BARRONRONMENTAL HEALTH
SUBJECT: USR
COLORADO DATE: SEPTEMBER 19,2011
Environmental Health Services has reviewed this proposal for an oil and gas support
facility (oil and gas equipment refurbishment, storage and shop). The property is
currently vacant. The application indicates there will be 4 to 6 employees. No
information was provided whether there will be painting or welding on site. An air
emissions permit from the State may be required.
Permanent drinking water and sewage disposal facilities are required. An engineered
designed septic system is required. The application indicates that portable toilets will be
• used until the building is constructed.
The following section is from Environmental Health Services, Weld County Department
of Public Health & Environment, Septic Policies.
Policy 2.2.K Use of Portable Toilets
Purpose: To define when Portable Toilets may be used in lieu of a vault or
septic system.
Policy: Portable toilets may be utilized on sites for temporary and seasonal use
for up to six months as part of the Temporary Seasonal Permits issued by Weld
County Planning for situations such as fireworks stands, Christmas tree stands,
seasonal recreational facilities, etc.
As noted above, it is the policy of this department that portable toilets are allowed when
a use is temporary or seasonal for a time period of six months or less. As the business
is conducted year round, the use of portable toilets is not allowed as the facility is not a
seasonal use.
A waste handling plan is required and should include the name, address and phone
number of the waste removal and disposal companies. The plan should indicate how
any waste associated with the business such as minor maintenance items (equipment
• fluids ect.) as well as trash are disposed of. The application indicates lined pits will be
• utilized for fluids, this Department recommends a vault is utilized as lined pits are
considered an impoundment and may be subject to state regulations.
A dust abatement plan, for on-site dust, is required. Control of dust from vehicles
entering and leaving the site shall be addressed. Noise will be restricted to the level
allowed in the commercial zone district.
The parcel does have an individual well permit (266513), which is approved for
domestic purposes only. In a letter dated August 18, 2011, from the Division of Water
Resources, the Division noted that the applicant will need to re-permit the well to allow
for commercial use.
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:
1. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division, Colorado Department of Health and Environment, if applicable.
Alternately, the applicant can provide evidence from the APCD that they are not
• subject to these requirements.
2. The applicant shall submit a dust abatement plan, detailing on site dust control
measures, for review and approval, to the Environmental Health Services, Weld
County Department of Public Health & Environment.
3. 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 according to the Weld County Individual
Sewage Disposal Regulations.
4. The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that there is a well appropriately permitted for the
commercial use.
5. 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
•
• 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).
6. The applicant shall submit documentation that floor drain wastes from the shop
are captured in a watertight vault and hauled off for proper disposal.
7. The applicant shall submit written evidence from the Colorado Department of
Health and Environment stipulating the lined pit is acceptable for waste storage.
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
Commercial 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 of the facility, at all times.
8. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems.
•
3
Submit by Email
1861 - 2011
•
Weld County Referral
August 17, 2011
WELD --COUNTY
I. --.1
The Weld County Department of Planning Services has received the following item for review:
Applicant Francisco & Patricia Barron Case Number USR11-0009
Please Reply By September 14, 2011 Planner Tom Parko
Project A Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Support and Service (Oil and Gas Equipment Refurbishment, Storage and Shop) in
,the A(Agricultural) Zone District.
Legal Lot A RE-3962; Part W2SW4 Section 24, T3N, R6SW of the 6th P.M., Weld County,
Colorado.
Location North of and adjacent to CR 30; east of and adjacent to CR 47.
Parcel Number 1213 24 300032
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.
You will be notified in writing of the Planning Commission date once the date is determined.
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.
Comments:
Signature Date
• Agency Colorado Division of Water Resources
+Weld County Planning Dept. 41555 N 17th Ave,Greeley,CO.80631 0(970)353-6100 ext.3540 4(970)304-6498 fax
[)FP 1I)I' ll \1'U} \' \'I URAI. RESOURCES
•
"` DIVISION OF WATER RESOURCES
,• li hn W.I-lick'ni .'p.'r
87 E!. ,.
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Executive t)trrrt ,r
August 18, 2011 )i, F.
Prn•ctor
Tom Parko
Weld County Planning Services
Transmission via email: tparko@co.weld.co.us
RE: Francisco & Patricia Barron
USR 11-0009
Part of the W1/2 SW1/4 Section 24, T3N, R65W
Water Division 1. Water District 2
Dear Mr Parko.
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.
According to the submitted information, the proposal is to use this 7-acre parcel, which was
created through a Subdivision Exemption, for oil and gas equipment refurbishing and storage. The
applicant proposes to use an existing well with permit no. 266513 to supply water for the proposed
business. Well permit no. 266513 was issued on November 9. 2005 pursuant to § 37-92-
602(3)(b)(II)(A), C.R.S., as the only well on a tract of 40 acres described as the SW1/4 of the SW1/4 of
Section 24, Township 3 North. Range 65 West of the 6'" P.M., 7 acres of which is the subject of this
referral. The well is currently permitted to be used for fire protection, ordinary household purposes
inside not more than three single-family dwellings. the irrigation of not more than one acre of home
gardens and lawns and the watering of domestic animals. and livestock on a farm or ranch
The proposed use of the water is for a commercial use. which is not allowed per well permit no.
266513. Therefore. the well would need to be re-permitted for the proposed uses of the water. The
options for re-permitting are as follows.
• Exempt commercial well, issued pursuant to § 37-92-602(3)(b)(II)(A), C.R.S., and the April 9, 1985
policy concerning the evaluation of well permit applications for exempt commercial uses. This type
of well would not allow for any domestic use and would limit commercial use to indoor drinking and
sanitation and not more than 1/3 acre-foot per year total water use.
• Non-exempt well, issued pursuant to § 37-92-137(4). C.R.S., which would quantify the amount of
water available for withdrawal under the parcel. Based on the evaluation conducted for issuance of
permit no. 266513. the well is completed in the nontributary Laramie-Fox Hills formation. Based on
that evaluation, there are about 1.8 acre-feet of water per year available under the 7-acres. This
water could be used for a range of uses that the well permit applicant might request, including
commercial.
111
Office of the State Engineer
1313 tih'rman Str''t,Sint'S IS•1)cnvcr, CO 80203• Phone:303 Sbo 37,S 1 • Fa\:303-S(,t,_33S9
5ti lY\ .'.\'ak'rr.tita tt.'.co.us
Weld USR11-0009 Page 2
August 18 2011
Should you have any questions. please contact Tracy Kosloff of this office. •
Sin erely,
A__itbz(A.4
Joan a Williams, P.E.
Water Resource Engineer
cc: Dave Nettles, Division Engineer
Scott Edgar, Water Commissioner-- District 2
Permit file 266513
JMW/TLK: Weld USR11-0009 Barron.Docx
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