HomeMy WebLinkAbout20243174.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Mike McRoberts, P.E., Development Review
DATE: July 3, 2024
SUBJECT: USR24-0015 Contreras
The proposal has been reviewed by Development Review 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 and equipment storage) outside of subdivisions and historic townsites
in the A (Agricultural) Zone District.
This project is north of and adjacent to County Road 52 and is west of County Road 47.
Parcel number: 096126400070 (Lot A of RE -3692).
Access is from County Road 52.
ACCESS
Development Review has reviewed the application materials related to access.
EXISTING ACCESSES
The subject parcel was created as Lot A of recorded exemption RE -3692. Per the recorded RE -3692 plat
(Reception number 3145029) access for Lot A is via a shared access (for the benefit of Lots A and B of
RE -3692) onto County Road 52 located approximately 965 feet west of County Road 47. The plat provides
a 30'x617.48' access and utility easement for the benefit of Lots A and B of RE -3692. Said access and
easement are currently being used for the residence of the subject parcel. No other access for the subject
parcel is provided on the recorded RE -3692 plat. The screenshots from the recorded RE -3692 plat below
show the shared access easement and shared County Road 52 access for Lot A of RE -3692.
EASEMENT CERTIFICATION
access and utility easement being the easterly 30 feet of the southerly 617.48 feet
Lot B, RE -3692, in favor of Lots A and 6, RE -3692.
(We), do hereby dedicate, for the benefit of the property(ies) shown or described hereon,
easements for the purposes shown or described hereon.
//
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REC. NO.
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ACCESS
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ACCESS POINT OF BEGINNING
& UTILITY LOT A
EASEMENT
Lot B of RE -3692 was subsequently divided into Lot A and Lot B of RECX17-0134. The recorded plat for
RECX17-0134 (Reception Number 4373906) references the shared access and utility easement provided
for the subject parcel. The screenshot from the RECX17-0134 recorded plat shows the shared easement
for the benefit of Lot A of RE -3692 below.
CV
0
0
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z
WITH 7'
TAMPED
I°37'32.
FOUND BARE
#5 REBAR
N
30' ACCESS & UTILITY
EASEMENT FOR BENEFIT
OF LOT A AND LOT B
RECX.' 7-0134 DEDICATED BY
THIS PLAT AND FOR LOT A
OF RE -3692 DEDICATED ON
THE RE -3692 PLAT AT
REC. NO. 3145029 0-1116/2004
390.90'
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LOT A
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TANK
BATTERY
THIS RECORDED EXEMPTION,
RECX17-0134, ONLY ADDRESSES
--THE BOUNDARIES WITHIN THE
LEGAL DESCRIPTION AS STATED
ON THIS PLAT. THE FENCE
RUNS ALONG THE PROPERTY
LINE
i
i
lia FOUND RARE
#5 REBAR
N U'_ 37'2111 W 8.1 Q
SE3AS T o B.. IN51
The subject parcel has one (1) existing, unpermitted, noncompliant access onto County Road 52 located
approximately 715 feet west of County Road 47. This access is noncompliant with the recorded RE -3692
plat and does not meet the 150 -foot minimum access spacing requirement for a local road (prescribed in
Table 1 of Section 8-14-30.1., of the Weld County Code) with respect to the westernmost access on the
adjacent parcel to the east. The screenshot below shows the noncompliant access is located approximately
30' feet from the aforementioned access on the adjoining parcel.
IUSR SITE
Shared Access
on Recorded
RE -3692 Plat.
U n perm fitted,
Noncompliant
Access Not on
RE -3692 Plat.
•rr'' r-i �r i, rw -52
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PROPOSED ACCESS FOR USR24-0015
According to the application materials and the USR Site Plan, the applicant is proposing to use the existing,
unpermitted, noncompliant access on County Road 52 located approximately 715 feet west of County Road
47 and approximately 30 feet west of an existing access on the adjacent parcel.
To be complaint with the recorded RE -3692 plat, the applicant shall use the shared access located
approximately 950 west of County Road 47 for USR24-0015. The applicant shall obtain written permission
from the landowners authorized to use the shared access (and shared access and utility easement) prior
to using them for commercial vehicles.
The unpermitted access located approximately 715 feet west of County Road 47 shall be closed and
reclaimed.
Per Section 8-14-30.B.3., an Access Permit is required for changing the use or type of traffic of any existing
access location. Please refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 52 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat 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 right-of-way cannot be verified it shall be
dedicated. Pursuant to the definition of setback in the Weld County Code, Section 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.
County Road 47 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat 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 right-of-way cannot be verified it shall be
dedicated. Pursuant to the definition of setback in the Weld County Code, Section 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.B, 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.weld.gov/Government/Departments/Public-Works/Permits/Right-of-Way-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
Latest ADT on County Road 52 counted 164 vpd with 27% trucks. The 85th percentile speed is 41 mph.
The Traffic Impact Study submitted with the application materials indicates there will be approximately 36
daily roundtrips with 18 AM peak hours trips and 18 PM peak hour trips. 90% of the site traffic will be going
to the east on County Road 52 while 10% will be going to the west.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to gravel
roads, tracking control devices must be either double cattle guards with 100 feet 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. A variance request for alternatives to the tracking control requirement can be submitted to
Development Review for review and consideration.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Development Review is requesting an Improvements and Road Maintenance Agreement including, but not
limited to, dust control, damage repairs to specified haul routes, and triggered off -site improvements.
An example Improvements and Road Maintenance Agreement is available at:
https://www.weld.gov/Government/Departments/Planning-and-Zoning/Improvements-Agreements
DRAINAGE REQUIREMENTS
This area is within a Non -urbanizing Drainage Area. Non -urbanizing Drainage Areas typically require
detention of stormwater runoff from the 1 -hour, 100 -year storm event falling on the developed site and
release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm event falling on the
undeveloped site having a 2% impervious value.
The applicant has submitted a preliminary drainage report for review and acceptance. A final drainage
report and detention pond design completed by a Colorado Licensed Professional Engineer is required
prior to recording the USR map. The drainage report must include a Weld County Certificate of Compliance
stamped and signed by the Professional Engineer. A Weld County Certificate of Compliance form and
Drainage Review Checklist form can be found at:
https://www.weld.gov/Government/Departments/Planning-and-Zoning/Development-Review/Drainage-
Review
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist on the
property.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than one (1) acre of land. Grading Permit
applications are accepted after the planning process is complete (map recorded). An Early Release
Request Form may be entertained only after the applicant, Public Works and Planning Department have
reviewed the referral and surrounding property owner comments. The Early Release Request may or may
not be granted depending on referral comments and surrounding property owner concerns. Contact
Development Review for more information.
COLORADO CONSTRUCTION STORMWATER DISCHARGE PERMIT
A Colorado Stormwater Discharge Permit is required when disturbing more than one (1) acre of land.
Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-
3575.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement is required for this land use case. Road
maintenance includes, but is not limited to, dust control, damage repair to specified haul routes, and
off -site triggered improvements. (Development Review)
B. A Final Drainage Report and Weld County Certificate of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Development Review)
C. The applicant shall submit a written statement signed by all property owners authorized to use the
shared access, and 30' wide access and utility easement, specified on the recorded RE -3692 plat
(Reception Number 3145029) granting the applicant permission to use said access and easement for
the commercial traffic associated with USR24-0015. (Development Review)
D. The USR map shall be amended to delineate the following:
1. County Road 47 is a paved road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
2. County Road 52 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
3. Show and label the approved tracking control. (Development Review)
4. Show and label the entrance gate if applicable. An access approach that is gated shall be designed
so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled
surface be less than 35 feet. (Development Review)
5. Show and label the shared access identified on the recorded RE -3692 plat. Provide and label the
required 65' radii for the access and provide the access width dimension at the right -of way. With
the acquired written permission stipulated in COA C above, label the access, "FOR THE BENEFIT
OF LOTS A AND B OF RECX17-0134, LOT A OF RE -3692, AND USR24-0015". Include all usage
types that apply (Residential, Agricultural, Commercial and/or Oil and Gas) in the label.
(Development Review)
6. Show and label the 30 -foot -wide access and utility easement specified on the recorded RE -3692
plat. With the acquired written permission stipulated in COA C above, label the access and utility
easement, "FOR THE BENEFIT OF LOTS A AND B OF RECX17-0134, LOT A OF RE -3692, AND
USR24-0015". (Development Review)
7. Show the unpermitted, noncompliant access located approximately 715 feet west of County Road
47 and label it, "TO BE CLOSED AND RECLAIMED." (Development Review)
8. Show and label the existing access on County Road 52 located approximately 685 feet west of
County Road 47. Label the access as, "EXISTING ACCESS". (Development Review)
9. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated water quality
and detention volumes. (Development Review)
10. Show and label the drainage flow arrows. (Development Review)
11. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
Prior to Construction:
A. The approved tracking control shall be constructed prior to on -site construction. (Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE USR MAP)
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. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
4. 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)
5. The Property Owner shall comply with all requirements provided in the executed Improvements and
Road Maintenance Agreement. (Development Review)
6. The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates. (Development Review)
7. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff. (Development Review)
Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Diana Aungst
From: Ryan Fernandez, Environmental Health Services
Date: June 14, 2024
Re: USR24-0015 Applicant: Ana Georgina Holguin Macias
and Mario Armando Contreras Guillen, c/o MVJ
Transports, 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 and equipment storage) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
The existing residence is served by Central Weld County Water District and an
on -site wastewater treatment system (OWTS) permitted for 3 bedrooms (SP -
0100388).
The application indicates that a portable toilets 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
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
Services
Tele:970-304-6415
Fax: 970-304-6411
Communication,
Education & Planning
Tele:970-304-6470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6452
Public Health
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.
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 facility 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. Adequate drinking, hand washing, and toilet facilities shall be provided
for employees, at all times.
7. For employees or contractors on site for less than 2 consecutive hours
a day, and 2 or less full-time employees on site, portable toilets and
bottled water are acceptable. 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.
8. The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
Weld County Referral
Y
June 6, 2024
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Ana Georgina Holguin Macias and Case Number: USR24-0015
Mario Armando Contreras Guillen, c/o MVJ Transports, Inc.
Please Reply By: July 4, 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 and equipment storage) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
Parcel Number: 096126400070-R2821204 Legal: LOT A REC EXEMPT RE -3692; BEING PART OF THE
SE1/4 OF SECTION 26, T5N, R65W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to CR 52; approximately 0.13 miles west of CR 47.
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 Seas
Agency Weld County Oil & Gas Energy Department
Date 6/11/2024
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: USR24-0015
Associated Parcel: 096126400070-R2821204
OGED Reviewer: Rebecca Sears
Review Date: 6/11/2024
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.
Submit by Email
Weld County Referral
June 6, 2024
The Weld County Department of Planning Services has received the following item for review:
Applicant: Ana Georgina Holguin Macias and Case Number USR24-0015
Mario Armando Contreras Guillen, c/o MVJ Transports, Inc.
Please Reply By: July 4, 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 and equipment storage) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
Parcel Number: 096126400070-R2821204 Legal: LOT A REC EXEMPT RE -3692; BEING PART OF THE
SE1/4 OF SECTION 26, T5N, R65W of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to CR 52; approximately 0.13 miles west of CR 47.
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.
ri
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
ri We have reviewed the request and find no conflicts with our interests.
See attached lette
Signature
Agency
ERVATION DISTRICT
Date 30at. \O La?']
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
West Greeley Conservation District
(970) 356-8097
Below
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the
their
limitations
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USDA
Weld
County
Soil
Survey.
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of
soils and
according
Additionalwithout
.
.
Comments
Symbol
Map
Soil
Name
Soil
Texture
Shallow
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Dwellings
basements
with
Small
Commercial
Septic
Absorption
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Prime
Land
Farm
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if
69
Valent
Sand
Severe
Slight
Slight
Slight
Slight
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70
Valent
Sand
Severe
Slight
Slight
Slight
No
72
Vona
Loamy Sands
Slight
,Slight
Slight
Slight
Slight
No
•
•
_
.
1
The
contact
West Greeley
our office
Conservation
at (970)
District recommends that
356-8097. If you or the applicant
the applicant does an on site soils test prior
have any questions please feel free to call
to any construction. For a more complete soils description consult
our office.
the
Weld County Soil
Survey or
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