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HomeMy WebLinkAbout20042329 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Mildred Mae Sarchet LLC Case Number USR-1480 Submitted or Prepared Prior to At Hearing Hearing • 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affidavit of sign posting X Legal Notifications X • 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X • 3 Referral List X Referrals without comment X Weld County Zoning Compliance, referral received April 29, 2004 X Platteville Planning Commission, referral received May 11,2004 X ' 4 Referrals with comments X Weld County Building Inspection, referral received May 5, 2004 X Weld County Public Works, referral received April 30, 2004 X Weld County Planning Department, Landscape, referral received May 3, 2004 X Weld County Public Health and Environment, referral received May 25,2004 and X June 22,2004 Platte Valley Soil Conservation District, referral received May 26,2004 X 5 Surrounding Property Owners-Letters 6 PC Exhibits • 6.A Letter from Eddie& Kirsten Jimenez dated July 13, 2004 X X I hereby certify that the twenty-four items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. Jacqueline,Hatch ❑ Planner rim 2004-2329 fettn COLORADO LAND USE APPLICATION SUMMARY SHEET Planner: Jacqueline Hatch Case Number: USR-1480 Hearing Date: July 20, 2004 Applicant: Mildred Mae Sarchet/Arrested Oil Field Services Address: 10084 CR 28 Platteville, CO 80651 Request: A Site Specific Development Plan and a Special Review Permit for a mineral resource development facility including oil and gas support and service facility in the A(Agricultural)Zone District Legal Description: Part of Lot B of RE-3668 Pt of N2 NW4 of Section 35, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to CR 21%and south of and adjacent to CR 28. Size of Parcel: +/- 1.5 acres for the USR, total property 77.7 +/- acres Parcel Number: 1209 35 000002 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 responses from the following agencies: • Weld County Zoning Compliance, referral received April 29, 2004 • Weld County Department of Public Health and Environment, referral received May 25, 2004 • Weld County Department of Public Works, referral received May 5, 2004 • Weld County Department of Building Inspection, referral received May 5, 2004 • Platte Valley Soil Conservation District, referral received May 26, 2004 • Weld County Department of Planning, Landscape, referral received May 3, 2004 • Platteville Planning Commission, referral received May 11, 2004 The Department of Planning Services'staff has not received responses from the following agencies: • Beeman Ditch Company • Meadow Island Ditch#1 • Platteville Fire Protection District • Town of Firestone [4. EXHIBIT Sarchet USR-1480 Page 1 of 8 f&tom W ILD O • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Jacqueline Hatch Case Number: USR-1480 Hearing Date: July 20, 2004 Applicant: Mildred Mae Sarchet/Arrested Oil Field Services Address: 10084 CR 28 Platteville, CO 80651 Request: A Site Specific Development Plan and a Special Review Permit for a mineral resource development facility including oil and gas support and service facility in the A(Agricultural)Zone District Legal Description: Part of Lot B of RE-3668 Pt of N2 NW4 of Section 35, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to CR 21% and south of and adjacent to CR 28. Size of Parcel: +/- 1.5 acres for the USR, total property 77.7 +/-acres Parcel Number: 1209 35 000002 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 22-2-60 (A.Goal 4) states, "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." Application materials indicate that the site can support the proposed use. Conditions of Approval and Development standards ensure that a reasonable attempt will be made to be compatible with the region. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for a Sarchet USR-1480 Page 2 of 8 Mineral resource development facility including an oil and gas support and service facility 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 surrounding property is primarily agricultural. The development standards and conditions of approval will ensure compatibility with adjacent properties. 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 subject property lies within the three mile referral area of the Towns of Firestone and Platteville. The Town of Platteville reviewed the request and found no conflicts with their interests. No comments were received from the Town of Firestone. E. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts. Building Permits issued on the Lot will be required to adhere to the fee structure of County Wide Road Impact Program (Ordinance 2002-11). 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 applicant is proposing to utilize approximately 1.5 acres for this USR while also residing on the property. The remaining 76.2 acres will continue to be in agricultural production. G. Section 23-2-220.A.7 -- 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 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 scheduling a Board of County Commissioners hearing: A. If applicable, the applicant shall submit a detailed signage plan to the Weld County Department of Planning Services. (Department of Planning Services) 2. Prior to recording the plat: A. The applicant shall submit a dust abatement plan for review and approval to the Environmental Health Services, Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) B. The septic system serving the residence shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld Sarchet USR-1480 Page 3 of 8 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. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) C. The Platte Valley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. (Department of Planning Services) D. A tracking pad shall be installed directly south CR 28 for approximately 50 feet. Evidence shall be provided to the Department of Public Works and the Department of Planning Services that this has been completed. (Department of Public Works) E. The existing buildings are required to obtain building permits for the change of use. Evidence of Building Inspection approval shall be submitted to the Department of Planning Services. (Department of Building Inspection) F. The applicant shall provide the Department of Planning Services with a maintenance plan that is in compliance with Section 23-2-250.F of the Weld County Code. (Department of Planning Services) G. The applicant shall clarify whether Mark Brown resides in the residence identified as 10084 County Road 28 Platteville. (Department of Planning Services) H. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all landscaping, transportation (access drive, parking areas, etcetera) and non-transportation (plant materials, fencing, screening, water, signage etcetera). 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. Or the applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) The plat shall be amended to delineate the following: 1. All the pages of the plat shall be labeled USR-1480. (Department of Planning Services) 2. The applicant shall submit a Screening and Landscaping Plan for review and approval. (Department of Planning Services) 3. The location of the dumpster and appropriate screening shall be submitted for review and approval by the Department of Planning Services. (Department of Planning Services) 4. Should exterior lighting be a part of this facility, all light standards shall be delineated on the Use by Special Review Plat. (Department of Planning Services) 5. County Road 28 is designated on the Weld County Road Classification Plan as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of County Road 28 shall be delineated on the plat as right-of-way reservation for future Sarchet USR-1480 Page 4 of 8 expansion of County Road 28. This road is maintained by Weld County. (Department of Public Works) 6. The eastern access shall be improved and utilized for the proposed use. The eastern access shall have a minimum of a 40-foot turning radius to accommodate large trucks turning with the capability of two-lane traffic. (Department of Public Works) 7. The applicant shall provide fourteen (14) parking spaces. (Department of Planning Services) 8. The applicant shall provide the Department of Planning Services with evidence that one of the accesses to the property has been closed permanently. (Department of Planning Services) 9. The attached Development Standards. (Department of Planning Services) C. The applicant shall submit two (2) 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 thirty (30) 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 maosaco.weld.co.us. (Department of Planning Services) 6. 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) Sarchet USR-1480 Page 5 of 8 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Mildred Mae Sarchet/Arrested Oil Field Services USR-1480 1. The Site Specific Development Plan and a Special Review Permit for a mineral resource development facility including oil and gas support and service facility in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (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. Hours of operation in the winter months (November through April) will be 7:00 am to 5:00 pm and in the summer months (May through October) will be 7:00 am to 7:00 pm as stated in the application material. (Department of Planning Services) 4. The site is limited to no more than five (5) employees as stated in the application material. (Department of Planning Services) 5. There shall be no parking or staging of trucks within the public right-of-way. (Department of Planning Services) 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30- 20-100.5, C.R.S.)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 7. 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 and Environment) 8. Any vehicle washing area(s) shall capture all effluent and prevent discharge from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and 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 and Environment) 10. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 11. Adequate toilet and hand washing facilities shall be provided for employees. The employees shall be allowed to use the toilet facilities located in the residence. (Department of Public Health and 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 and Environment) Sarchet USR-1480 Page 6 of 8 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 14. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 16. 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) 17. A plan review is required for any additional building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) 18. Buildings 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: 2003 International Building Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 19. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection preformed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 20. Building height, setbacks and offset distance shall be determined by the Weld County Code. Separation of buildings and mixed occupancy classifications shall be in accordance with Sec. R309.2 of the International Residential Code. (Department of Building Inspection) 21. Building heights shall be measured in accordance with 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements for Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified. (Department of Building Inspection) 22. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 23. The landscaping on site shall be maintained in accordance with the approved landscape plan. (Department of Planning Services) Sarchet USR-1480 Page 7 of 8 24. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (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. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 27. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 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. 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. is Sarchet USR-1480 Page 8 of 8 DEPARTMENT OF PLANNING SERVICES ^ 41 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE WI l D�• GREELEY, COLORADO 80631 COLORADO April 29, 2004 Mildred Mae Sarchet LLC 658 Crestridge Lane Longmont CO 80501 Subject: USR-1480- A Site Specific Development Plan and Special Review Permit for a Mineral resource development facility including an oil and a gas support, and service facility in the A(Agricultural) Zone District on a parcel of land described as Lot B RE-3668; pt of N2 NW4 of Section 35, T3N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: Yourapplication and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for July 20, 2004, at 1:30 p.m. This meeting will take place in the Hearing Room at the South Weld County Planning Department, 4209 CR 24 '/2, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicants responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. 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 Firestone and Platteville Planning Commission for their review and comments. Please call Firestone at 303-833-3291 and Platteville at 970-785- 2245 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 Firestone and Platteville Planning Commission meeting to answer any questions the Commission members may have with respect to your application. 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. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Jacq ne aH tch Plann r PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS v1 10,24HE 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, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALT S OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAS T DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR Use-t1 o IN THE A (AGRICULTURAL) ZONE DISTRICT. tc-otac;,...ms (--- .}-t-c-I4 Name of Person Posting Sign r. Signa ure o erson Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) (( i�// II //qq nn The foregoing instrument was subscribed and sworn to me this day of�J(,( �.C.� , 2004. WITNESS my hand and official seal.allotaryy lic Ifig 1 111 . I CY-4/1‘2 My Commission Expires: (" r✓'� `lw • • i .• .., . - 1.':.-'ea ...-. .. I "a� 1 :lanai ... J le. ' - int NOTICE w. t Sir{r On s: (nu ire: sage. .- n9 nt11'1 n: n n'.) r • t ... rV - an. S to mitt Asarco Ct4 SILL Dan alaRtl.l a . nlual anal na'111-WII eat I - . + . . y : y f ._i J A N. - I • , . • ',�' -5.411.-_....r... -_ —, _ - - - - .•-. it • 0 J. - sic - - 1 • v a'. �-I .1r./i^` : ..ice .' ` L , �;Ai..S.a. 4O. ."•:-.2t L • i Sc . J - •1/21 r 4 ..s'. f _ . 1 . .7 �. .. ,..;{ \ iJ^ ire Y':A er / ./. - . ... I . � :. - • Al • ,, Y • F sl . a _ RI - ti. . .J . I �r Sri } ar.� i • �V 1 ./yd • • v'X 14 Q." t • - . . p • 11. ' r. • 4 ' FIELD CHECK Inspection Date: 5/7/04 APPLICANT: Mildred Mae Sarchet LLC/Arrested Oil Field Services CASE#: USR-1480 REQUEST: A Site Specific Development Plan and Special Review Permit for a Mineral resource development facility including an oil and gas support, and service facility in the A(Agricultural) Zone District. LEGAL: Lot B RE-3668 pt of N2 NW4 of Section 35, T3N, R67W of the 6th P.M., Weld County, CO. LOCATION: West of and adjacent to CR 21 Y�and south of and adjacent to CR 28. PARCEL ID#: 1209 35 000002 ACRES: 77.7+/-acres Zoning Land Use N A (Agricultural) N A (Agricultural) E A (Agricultural) E A (Agricultural) S A (Agricultural) S A (Agricultural) W A (Agricultural) W A (Agricultural) COMMENTS: Generally a level lot slopes gently to the east. Agricultural uses surround with some single family homes. Trucks, pickups, RV in rear of lot. Paved roads Two accesses to site (circle drive) Mature trees surround site. Home and outbuildings on site. Jacqu4CHatch, Planner Hello