HomeMy WebLinkAbout991309.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Enviro-Cycle/Boatright Case Number USR-1198
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Comments (8 pages) X
3 Memo requesting continuance dated 8/24/98 X
4 Planning staff field check X
5 Letter to applicant dated 7/17/98 X
6 Legals (2 pages) X
7 Application (16 pages) X
8 Referral list and form (2 pages) X
9 Union Colony School Dist. RE-1 referral 7/23/98 X
10 Weld County Health Department referral 9/4/98 (3 pages) X
11 Weld County Health Department referral 8/13/98 (2 pages) X
12 Weld County Public Works referral 8/6/98 (2 pages) X
13 LaSalle Fire Protection District referral 8/10/98(2 pages) X
14 Maps (2 pages) X
15 Interest in property&certificate of conveyances (13 pages) X
16 Surrounding Property Owners (14 pages) X
17 Soils report(26 pages) X
18 Magnuson letter received 9/11/98 X
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I hereby certify that the 18 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
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Scott Ballstadt y Planner II
STATE OF COLORADO )
COUNTY OF WELD ) // /9/�
SUBSCRIBED and SWORN TO BEFORE ME THIS /62 day of 19 .
SEAL ItA IdZkitairer
NOTARY PUBLIC
MY COMMISSION EXPIRES VOW
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SUMMARY S EET
COLORADO
Case Number. USR-1198 Hearing Date: September 15, 1998
Applicant: Enviro-Cycle LLC/Howard Boatright
Address: 2975 State Farm Road #4
Evans, Colorado 80620
Request A Site Specific Development Plan and a Special Review Permit for an Oil and
Gas Support and Service facility(brine water disposal) in the A (Agricultural) zone
district.
Legal Description: N1/2 NW1/4 of Section 32, T4N, R65W of the 6th P.M.
Location: South of and adjacent to WCR 40 & east of and adjacent to WCR 39
Size of Parcel: 80 acres (8 acre USR area)
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Health Department 9/4/98
• Weld County Public Works Department 8/6/98
• LaSalle Fire Protection District 8/10/98
• Weld County School District RE-1 7/23/98
The Department of Planning Services'staff has not received responses from the following agencies:
• Oil and Gas Commission
• Greeley Soil Conservation District
1
SPECIAL REVIEW PERMIT
lURe ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Scott Ballstadt
CASE NUMBER: USR-1198 HEARING DATE: September 15, 1998
APPLICANT: Enviro-Cycle LLC/Howard Boatright
ADDRESS: 2975 State Farm Road #4
Evans, Colorado 80620
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Support and Service facility (brine water disposal) in the A(Agricultural)zone district
LEGAL DESCRIPTION: N1/2 NW1/4 of Section 32, T4N, R65W
LOCATION: South of and adjacent to WCR 40 & east of and adjacent to WCR 39
SIZE OF PARCEL: 80 acres (8 acre USR area)
PARCEL NUMBER: 1055 32 000008
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 24.7
of the Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as
follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive
Plan, as amended. A.Goal 1 states, "Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agricultural." The
proposal will remove approximately 8 acres of the parcel from production as there
are existing oil and gas facilities on this corner of the property. Additionally,
OG.Policy 1.4 states that oil and gas support facilities which do not rely on geology
for locations shall be subjected for review. This proposal has been reviewed by the
appropriate referral agencies and it has been determined that the attached
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.
2
b. Section 24.3.1.2--This proposal is consistent with the intent of the A (Agricultural)
zone district. Section 31.4.1 allows for Mineral Resource Development facilities
including oil and gas support and service as a Use by Special Review.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld
County Zoning Ordinance, as amended and will be compatible with future
development of the surrounding area. The surrounding land uses include
agricultural uses. There is also one residence located on this 80 acre parcel, south
of and adjacent to the 8 acre USR area.
d. Section 24.3.1.4 --The proposed uses will be compatible with future development
of the surrounding area as permitted by the A (Agricultural) zone districts and with
the future development as projected by the Comprehensive Plan or Master Plan of
affected municipalities. The proposal is not located within a three-mile referral
boundary of any community or IGA area.
e. Section 24.3.1.5 -- The proposal is not located within the Overlay District Areas
identified by maps officially adopted by Weld County.
f. Section 24.3.1.6 -- The applicant has demonstrated a diligent effort to conserve
productive agricultural land. The soils on this site are categorized as a mix of Prime
and Irrigated Non-Prime soils according to the USDA Soil Conservation Service and
Colorado State University. The subject site will occupy 8 acres of the 80 acre parcel.
g. Section 24.3.1.7--The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County
Zoning Ordinance, as amended), 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. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording the plat. The completed plat shall be
delivered to the Department of Planning Services and be ready for recording in the Weld
County Clerk and Recorder's Office within 15 days of approval by the Board of County
Commissioners.
2. Prior to recording the plat:
A. All required Air Emissions Permits must be obtained from the Air Pollution Control
Division, Colorado Department of Health. (Health Dept.)
,r.
3
B. The applicant shall enter into a Road Improvements Agreement (off-site) with the
Weld County Public Works Department for the upgrading and paving of WCR 40
through the main entrance for approximately 500+/-feet. (Public Works Dept.)
C. The applicant shall submit a storm water drainage plan to the Weld County Public
Works and Health Departments for review and approval. Such plan shall address
drainage patterns, holding ponds and other pertinent information as needed. (Public
Works Dept. & Dept. of Planning Services)
D. 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.
E. The plat shall be amended to delineate the following:
1) A total of 40 feet from the centerline of Weld County Road 39 right-of-way
reservation for future expansion of Weld County Road 39 shall be delineated
on the plat. (Public Works Dept.)
2) A typical cross section of WCR 40 identifying width and depth of base and
asphalt or full depth of asphalt. The paving will be three inches thick and 24
feet wide with four-foot gravel shoulders shall be delineated on the plat.
(Public Works Dept.)
3) The 25-foot auxialliary road delineated on the plat shall be clearly labeled
"For fire protection and emergency use only." (Public Works Dept.)
3. Prior to receiving final approval of building permits:
A. A secondary containment concrete structure (floor and walls) shall be constructed
around each tank battery. The volume retained by each structure shall be greater
than the volume of the largest tank inside the structure. Each structure shall be
designed by a registered professional engineer. The structure shall prevent any
release from the tank system from reaching land or waters outside of the
containment area. The operator shall provide evidence from the engineer to the
Weld County Health And Planning Departments that the structures have been
constructed to meet this criteria. (Health Dept.)
B. A copy of the drilling log shall be submitted to the Weld County Health Department.
(Health Dept.)
C. The applicant shall construct a seven (7) foot high metal frame over the sand trap
(identified as the concrete segmented pit on the drawing submitted in the application
materials). The frame shall be covered with one (1) inch plastic coated metal mesh
netting to protect people and wildlife from entering. The netting shall be connected
on both sides of the sand trap and have a door to permit personnel access. (Health
Dept.)
4
D. The applicant shall submit evidence that the facility was constructed in substantial
accordance with the application materials. These include the undated materials
submitted to the Planning Department and sent to referral agencies under cover
letter, dated July 17, 1998, and the supplemental materials dated August 24, 1998.
(Health Dept.)
E. A permitted individual sewage disposal system shall be installed to serve the facility.
In accordance with the Weld County ISDS Regulations, the system must be
designed by a registered professional engineer. The design must be submitted to
the Weld County Health Department for review and approval prior to installation.
(Health Dept.)
F. The applicant shall submit evidence to the Department of Planning Services that the
concerns of the LaSalle Fire Protection District have been addressed to the District's
satisfaction. (LaSalle Fire Protection District)
5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1198 Enviro-Cycle LLC
1. The Site Specific Development Plan and Special Use Permit is for an Oil and Gas Support
and Service facility (brine water disposal) in the A (Agricultural) zone district, as indicated
in the application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon. (Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Dept. of Planning Services)
3. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. (Health Dept.)
4. A manager, knowledgeable in operating an injection well, shall be on site when the facility
is receiving waste. (Health Dept.)
5. A safe and adequate fresh water supply shall be available on the facility premises. (Health
Dept.)
6. A 4'x4'sign, not to exceed 16 square feet, shall be posted at the entrance gate listing wastes
accepted, hours of operation, and twenty-four hour emergency telephone number. (Health
Dept.)
7. Any wastes generated on the facility shall be disposed in accordance with the Colorado
Solid Waste Act, 30-20-100.5, C.R.S., as amended, or other appropriate rule, regulation, or
law. (Health Dept.)
8. No disposal of waste, other than Class II, as defined by the Environmental Protection
Agency is permitted. Any change from the approved Class II use would require an
amendment to this Special Review Permit. (Health Dept.)
9. The maximum permissible noise level shall not exceed 70 db(A), as measured according
to 25-12-102, Colorado Revised Statutes. (Health Dept.)
10. Fugitive dust must be controlled on this site. (Health Dept.)
11. All Chemicals stored on-site must be in locked buildings, on an impervious surface, provided
manufacturer recommendations for safe storage and handling are in accord. In any event,
manufacturer recommendations will take precedence. (Health Dept.)
12. The surfaces around the disposal area shall be constructed of an impervious material, and
graded to insure that all spilled waste is contained within the unloading pad. (Health Dept.)
13. The facility must be entirely fenced and shall maintain locking gates during periods when the
facility is closed. (Health Dept.)
6
14. Any analysis of waste will be forwarded to the Weld County Health Department,
Environmental Protection Division. The Division reserves the right to require monitoring at
a later date. (Health Dept.)
15. This facility must comply with the laws, standards, rules and regulations of the Air Quality
Control Commission, the Water Quality Control Commission, the Hazardous Materials and
Solid Waste Division, the Colorado Oil and Gas Conservation Commission, any other
applicable agency, and all applicable Weld County zoning laws and ordinances. (Health
Dept.)
16. Upon cessation of injection activities, a detailed closure plan shall be submitted to
Environmental Protection Services for review and approval. This shall include the manner
in which the well will be plugged and abandoned, as well as specific details regarding
reclamation of the property. No structures or equipment associated with the facility shall
remain on the property following closure. (Health Dept.)
17. Any petroleum contaminated soils on the facility shall be removed and disposed in
accordance with all applicable rules and regulations. (Health Dept.)
18. The concrete receiving pad shall be cleaned at a frequency that prevents oils and other
wastes from building up on the pad. At a minimum, the pad shall be washed daily, with a
jet hose to remove any waste build-up. (Health Dept.)
19. During winter months, the facility shall maintain the receiving pad free of ice. (Health Dept.)
20. At a minimum, the underdrain shall be inspected weekly. The facility shall maintain a log on-
site recording the date the underdrain was inspected and any observations during the
inspection. In the event fluids are detected in the underdrain, the facility shall cease
operations and notify the Colorado Oil and Gas Conservation Commission and the Weld
County Health and Planning Departments. No fluids shall be received at the site until the
source of the fluids in the underdrain is identified, repaired, and any remedial work has been
completed. (Health Dept.)
21. A biocide shall be injected into fluids received at the facility. The biocide shall be injected
into the first compartment of the sand trap. (Health Dept.)
22. The integrity of the netting material covering the sand trap shall be maintained. (Health
Dept.)
23. Personnel from the Weld County Health Department and Weld County Department of
Planning Services 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. (Health Dept.)
24. The applicant shall provide adequate toilet facilities (porta-potty) during construction of the
facility. (Health Dept.)
25. The 25-foot auxialliary road delineated on the plat will be used for fire protection and
emergency use only. (Public Works Dept.)
7
26. The trucks will turn east at the end of the entrance road and enter onto a concrete grain
slab. After depositing their water the trucks will move west across the slab and exit the
facility through the main entrance. (Public Works Dept.)
27. All tanks and structures shall be painted an earth-tone color and shall be maintained. (Dept.
of Planning Services)
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. (Dept. of
Planning Services)
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. (Dept. of
Planning Services)
30. Personnel from the Weld County Health Department and Weld County Department of
Planning Services 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 hereon and all applicable Weld County regulations. (Health Dept. and Dept. of
Planning Services)
31. 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 Planning Commission 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. (Dept. of Planning Services)
32. 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. (Dept.
of Planning Services)
8
At4t. MEMORANDUM
WineTO: Weld County Planning Commissioners August 24, 1998
COLORADO FROM: Scott Ballstadt, Planners
SUBJECT: USR-1198 Enviro-Cycle LLC/Boatright
The Department of Planning Services recommends this case be continued until the next
regularly scheduled Planning Commission meeting on September 15, 1998.
The reason for the continuance is to allow both Planning and Health Department staff adequate
time to review additional materials yet to be submitted by the applicant. Staff requires sufficient
review time to prepare a recommendation which heavily relies on the pending information. The
additional time may also allow staff to visit a similar facility which the applicant has pointed out
as an example.
a
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
Wilk .
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
July 17, 1998
Howard Boatright
Envrio-Cycle LLC
2975 State Farm Rd. #4
Evans, CO 80620
Subject: USR-1198- Request for a Site Specific Development Plan and Use by Special Review permit for
an Oil and Gas Support and service facility (brine water disposal) in the A (Agricultural) zone
district, on a parcel of land described as NW4 NW4 of Section 32, T4N, R65W of the 6th P.M.,
Weld County, Colorado.
Dear Mr. Boatright:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for September 1, 1998, at 1:30 p.m. This meeting will
take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915
10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members may have.
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,SC4-3&14`kr.
Scott Ballstadt
Planner II
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FIELD CHECK r
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inspection date: g/ ,9G�2
CASE NUMBER: l �U
APPLICANT:
LEGAL DESCRIPTION:
LOCATION: of and adjacent to Weld County Road
Zoning Land Use
N A(Agricultural) N AG
E A(Agricultural) E AG
S A(Agricultural) S ' (LCy
W A(Agricultural) W A 6
COMMENTS:
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