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Home My WebLink About20242148.tiffMEMORANDUM TO: Diana Aungst, Planning Services FROM: Melissa J King, PE, CFM, Development Review DATE: May 22, 2024 SUBJECT: USR24-0011 Gavito The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site -Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service (truck parking) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This project is north of CR 24 and is east of and adjacent to CR 23. Parcel number: 131101300001 Lot A RE -4146. Access is proposed onto CR 23. ACCESS Development Review has reviewed the application materials related to access. Access is proposed at the existing unpermitted access onto CR 23. The site access shall meet the commercial access standards as specified in the Code and shall be in a location that meets the Minimum Access Spacing Criteria, as specified in Table 1 below. ACCESS Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized 2,640 N/A N/A Unsignalized 1,320 1,320 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access location with Development Review prior to laying out your site plan. All "preliminarily approved" accesses are subject to change during the access permitting process. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 23 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the USR map the future and existing right-of-way and the physical location of the road. If the right-of- way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC The recent traffic count (2022) on CR 23 counted 422 average daily traffic vehicles with 21 `)/0 trucks. A preliminary traffic impact analysis has been submitted. The proposed operations will have 36 vehicle trips per day. 18 of these trips will be employee passenger vehicles while the remainder will be semi - trucks with trailers. No other traffic information is needed at this time. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt. ROAD MAINTENANCE AGREEMENT Development Review is requesting a Road Maintenance Agreement including, but not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review . It will detail the approved haul routes and include a maintenance agreement for the haul routes. DRAINAGE REQUIREMENTS This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas. Detention pond waived and a simple drainage narrative: The applicant has submitted a drainage narrative stating that the site meets drainage exception 13. A parcel greater than 5 gross acres in size is allowed a onetime exception for a new 9,000 square feet of 100% impervious area or equivalent imperviousness. Located in Sec. 8-11-40. Drainage Policy. No other stormwater drainage information is needed at this time. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. CONDITIONS OF APPROVAL A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction. (Development Review) B. The USR map shall be amended to delineate the following: 1. County Road 23 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the USR map the future and existing right-of- way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. (Development Review) 2. Show and label an access point, onto CR 23, that meets Weld County Code. Include the access usage type (i.e. Oil and Gas), the appropriate width, and the appropriate radii. The access point will be reviewed as part of the USR map submittal. (Development Review) 3. Show and label the approved tracking control on the site plan. (Development Review) 4. Show and label the drainage flow arrows. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 5. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) COUNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Diana Aungst From: Lauren Light, Environmental Health Services Date: May 21, 2024 Re: USR24-0011 Applicant: Laura & Samuel Gavito, c/o Gavito Trucking, Inc. Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for oil and gas support and service (truck parking) outside of subdivisions and historic townsites in the A (Agricultural) Zoned District. The existing residence is served by Central Weld County Water District and an on -site wastewater treatment system (OWTS) permitted for 4 bedrooms (SP - 0600150). The application indicates that a portable toilet will be provided for employees. Portable toilets are acceptable for employees or contractors that are on site for less than 2 consecutive hours a day in accordance with EH policy. No fuel storage, washing of vehicles or floor drains will take place on site. Water will be utilized for on -site dust control as necessary. A dumpster will be provided for waste disposal. 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.) 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. Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele:970-304-6420 Fax: 970-304-6416 Environmental Health Communication, Services Education & Planning Tele:970-304-6415 Tele:970-304-6470 Fax: 970-304-6411 Fax: 970-304-6452 Emergency Preparedness & Response Tele:970-304-6470 Fax: 970-304-6452 Public Health 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. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 5. Any On -site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 6. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, if required for business use. 7. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Weld County Referral Y April 30, 2024 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Laura & Samuel Gavito, c/o Gavito Trucking, Inc. Case Number: USR24-0011 Please Reply By: May 28, 2024 Planner: Diana Aungst Project: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service (truck parking) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: 131101300001-R4219206 Legal: LOT A REC EXEMPT RE -4146; PART SW4 SECTION 1, T2N, R67W of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to County Road 23; approximately 0.63 miles north of County Road 22.5 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. P P 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. Signature Jordan Cook Date 4/30/2024 Agency Code Compliance Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 MEMORANDUM To: Diana Aungst, Planner From: Jordan Cook, Code Compliance Officer Subject: USR24-0011 Referral April 30, 2024 Upon review of my case files and computer, an active Code Violation (CCV23-00226) was noted. This violation was initiated due to the presence of a trucking business on the property without first completing the necessary Weld County Zoning Permits. 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. Approval of this USR application and completion of all Conditions of Approval and recording the final USR map would correct the violation. If this application is denied, the case will continue through the County Court process until commercial activity stops and commercial vehicles have been removed. SERVICE, TEAMWORK, INTEGRITY, QUALITY Weld County Referral Y April 30, 2024 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Laura & Samuel Gavito, c/o Gavito Trucking, Inc. Case Number: USR24-0011 Please Reply By: May 28, 2024 Planner: Diana Aungst Project: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service (truck parking) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: 131101300001-R4219206 Legal: LOT A REC EXEMPT RE -4146; PART SW4 SECTION 1, T2N, R67W of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to County Road 23; approximately 0.63 miles north of County Road 22.5 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. P P 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. Signature Rebecca Sears Date 4/30/2024 Agency Weld County Oil & Gas Energy Department Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR24-0011 Associated Parcel: 131101300001-R4219206 OGED Reviewer: Rebecca Sears Review Date: 4/30/2024 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel, none directly on the associated parcel. 2. The USR lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the COGCC map viewer and utilize Colorado 811 prior to any excavation activities. This determination is based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. Weld County Referral Y April 30, 2024 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Laura & Samuel Gavito, c/o Gavito Trucking, Inc. Case Number: USR24-0011 Please Reply By: May 28, 2024 Planner: Diana Aungst Project: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service (truck parking) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: 131101300001-R4219206 Legal: LOT A REC EXEMPT RE -4146; PART SW4 SECTION 1, T2N, R67W of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to County Road 23; approximately 0.63 miles north of County Road 22.5 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. P P P 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. Signature Date 05-23-2024 Agency Fort Lupton Fire District Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 I ORT I.iJPION FIKI'. ROTECCI ON DISTI{ICI Date: 05-23-2024 Project name: USR24-0011 Project address: 11192 Weld County Road 23, Fort Lupton, CO 80621 FLFPD Project # R2024-005 Plan reviewer: Randall Cleveland, Fire Prevention Officer The Fire District has reviewed the referral information provided for USR24-0011located at 11192 Weld County Road 23, Fort Lupton, CO 80621. The submittal was reviewed for compliance with 2018 International Fire Code (IFC) and National Fire Protection Association (NFPA) standards as adopted by the Fort Lupton Fire Protection District, City Council of Fort Lupton, and the Weld County Commissioners. The following specific requirements and conditions shall be met. Specific Requirements 1. The storage use and handling of all hazardous materials shall not be allowed within this area without first obtaining the proper permits. 2. The storage use and handling of all explosive materials shall not be allowed within this area without first obtaining the proper permits. Please contact Fire Prevention Office if you have questions at 303-857-4603. Diana Aungst From: _Area2_Landuse - DNR , DNR <dnr_area2Janduse@state.co.us> Sent: Tuesday, May 7, 2024 3:26 PM To: Diana Aungst Cc: Erin Priest - DNR; Chris Mettenbrink - DNR Subject: Fwd: Referral Agency Email Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Diana, After review of this project, CPW found that this project is on the edge of the 1/2 mile buffer for a Bald Eagles nest and within Mule deer severe winter range. CPW recommends starting construction outside of the Mule deer winter season (December 1- April 30). After a site visit to the nest, there is no direct line of sight, and because this is on the edge of the bald eagle buffer, we are not concerned with the eagles becoming disturbed. Please let us know if there are any questions. Thank you for including us in the review of this project. Sincerely, Area 2 staff Lexi Hamous & Erin Priest Forwarded message From: noreply@weld.gov <noreply@weld.gov> Date: Tue, Apr 30, 2024 at 10:02 AM Subject: Referral Agency Email To: <DNR Area2 Landuse@state.co.us> The Weld County Planning Department has received a Planning Use By Special Review application, case # USR24-0011, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://aca-prod.accela.com/WELD/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# USR24-0011, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100 Thank you, Diana Aungst 1402 North 17th Ave Greeley, CO 80631 970-400-6100 daungst@weld.gov 1 Hello