HomeMy WebLinkAbout20213169.tiffMEMORANDUM
TO: Maxwell Nader, Planning Services
FROM: Mike McRoberts, P.E., for Public Works
DATE: September 14, 2021
SUBJECT: USR21-0015 Ditter Truck Parking
The Weld County Department of Public Works has reviewed this proposal. 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)
Zoned District.
This project is south of CR 70 and is east of and adjacent to CR 53.
Parcel number: 080116000025.
Access for this project is from CR 70 via a private shared road.
ACCESS
Weld County Public Works has reviewed the application materials related to access and determined that
the applicant is proposing to use an existing, shared access on County Road 70, located approximately
1,315 feet east of County Road 53. Per Section 8-14-30 of the Weld County Code, an Access Permit is
required for access to Weld County maintained roadways.
The application materials also indicated the subject parcel has three County Road 53 accesses. One
access is an existing, permitted, residential access (AP21-00067) located approximately 950 feet south of
County Road 70. The other two accesses are agricultural accesses located approximately 355 feet and
650 feet south of County Road 70.
ROADS AND RIGHTS -OF -WAY
County Road 53 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 USR map the existing right-of-way (along with the creating documents) and the physical
location of the road. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the
required setback is measured from the 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 70 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 USR map the existing right-of-way (along with the creating documents) and the physical
location of the road. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1-90, the
required setback is measured from the 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, Sec. 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.weldgov.com/departments/qublicworks/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 CR 70 counted 63 vpd with 14% trucks. The 85'" percentile speed is 37 mph.
The traffic information submitted with the application materials indicated that there are currently up to 10
daily roundtrips associated with the trucking business. At full business buildout, that number could grow to
30 daily roundtrips. No haul route information was provided by the applicant. Haul route information will be
required for the Road Improvements Agreement.
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 ft. of road base, or road base
on all driving surfaces.
ROAD MAINTENANCE AGREEMENT
Public Works 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/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/U SR-SPR-Permits%20lmprovements%20Agreement%20Template.pdf.
DRAINAGE REQUIREMENTS
This project falls within the Non -Urbanizing Drainage Area. The Non -Urbanizing Drainage Area requires
detention of stormwater runoff unless the land use case qualifies for an exception to stormwater detention
as defined in Section 8-11-40.1., of the Weld County Code.
This land use case qualifies for Exception 9 of the foregoing code. Exception 9 reads, "Non -Urbanizing
areas where the total pre-existing and post development impervious area produces stormwater runoff of
less than, or equal to, five (5) cfs for the 1 -hour, 100 -year, storm event. This exception shall be supported
by calculations signed and stamped by a Colorado Licensed Professional Engineer."
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
WATER QUALITY REQUIREMENTS
Because this land use case involves the parking of commercial trucks and oil field servicing equipment,
appropriate water quality measures (BMPs) are required. The BM Ps should be selected and designed
with metals (from vehicle wear), vehicle fuels, and vehicle fluids/solids (i.e., oil, grease, transmission fluid,
hydraulic fluid, etc.) being the target constituents.
CONDITIONS OF APPROVAL
A. A Road Maintenance Agreement is required with this land use case. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes. (Planning Services Engineer
for Public Works)
B. The applicant shall submit a recorded copy of any agreement signed by all owners of the property
crossed by the access. The access easement shall be shown and labeled on the USR map and
referenced by the associated Weld County Clerk and Recorder's Reception number. (Planning Services
Engineer for Public Works)
C. The plan shall be amended to delineate the following:
1. County Road 53 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 USR map the existing right-of-way (along with the creating documents)
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. (Planning Services Engineer for Public Works)
2. County Road 70 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 USR map the existing right-of-way (along with the creating documents)
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. (Planning Services Engineer for Public Works)
3. Show and label the approved tracking control on the site plan. (Planning Services Engineer for
Public Works)
4. Show and label the accepted water quality BM Ps. (Planning Services Engineer for Public Works)
5. Show and label the drainage flow arrows. (Planning Services Engineer for Public Works)
6. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Planning Services Engineer for Public Works)
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. (Planning Services Engineer for Public Works)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Planning Services Engineer for Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Planning Services Engineer for Public Works)
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. (Planning Services Engineer for Public
Works)
5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Planning Services Engineer for Public Works)
6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Planning Services Engineer for Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Planning Services
Engineer for Public Works)
8. Weld County is not responsible for the maintenance of onsite water quality features. (Planning Services
Engineer for Public Works)
From, Mike McRoberts
To: Kelsey Bruxvoart
Cc: Tim Naylor; Valerie Lickley; Torn Parko Jr.; Kerri Ann bitter; Maxwell Nader; Dawn Anderson
Subject: RE: USR21-0015 Staff Comments
Date: Friday, October 22, 2021 1:30:51 PM
Attachments: image002.png
image005.png
imagc007.pno
Hi Kelsey,
I'm not familiar with the section of the code you're referring to that excludes water quality from the Agricultural Zone. Please let me
know which section it is and I'll be happy to take it into consideration.
The requirement for water quality in my referral is supported by Subsections A and B, of Section 8-11-120 (Stormwater quality) of the
Weld County Code. Subsections A and B are provided below.
• Subsection A states, "A water quality feature is intended to improve water quality from the impacts of site development. A water
quality feature can be an existing low spot on the property that currently collects water or an excavated area. The volume
required is based upon site size and imperviousness. This depression is intended to allow stormwater runoff from the site to
collect and settle out any contaminants prior to flowing offsite to neighboring properties or downstream waterways."
• Subsection B states, "An accepted methodology for a water quality feature design can be found in the UDFCD Manual,
Volume 3, Best Management Practices."
The photo below was recently captured at a truck parking facility on Weld County Road 60.5. The photo clearly shows the typical
contaminants (i.e., oil, grease, hydraulic fluids, etc.) associated with commercial truck parking, and oil and gas equipment storage.
nartavivinwinterimatase
Because this project is not providing stormwater detention, a water quality feature is necessary to prevent contaminants (such as
those shown above and referenced in my referral) from being transported to neighboring properties and waterways (see the exhibit
below).
McGraw property.
Direction of flow (typiicaI).
Please let me know your thoughts, and perhaps Valene, who will be stamping and signing the plans, can share her thoughts.
Regards,
Mike McRoberts, P.E.
Development Review Engineer
Weld County Planning 84 Zoning
1555 N. 1.7th Avenue
Greeley, CO 80631
(9 70) 400-3798
From: Kelsey Bruxvoort <Kbruxvoort@agpros.com>
Sent: Thursday, October 21, 20214:20 PM
To: Maxwell Nader<mnader@weldgov.com>
Cc: Tim Naylor<tnaylor@agpros.com›; Valene Lick' ey<vlickley@agpros.com>; Mike McRoberts <mmcroberts@weldgov.com›;Tom ParkoJr.
<tparko@weldgov.com>; Kerri Ann Ditter<kaditteri@gmail.com>
Subject: RE: USR21-OO15 Staff Comments
CaUI.ion: Thisemail onginaled 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 Max,
Thanks for the update. We wanted to revisit the stormwater water quality requirements, as discussed in the attached Public Works referral letter.
Water Quality is not required as this site is agriculturally zoned land in a non -urbanizing area. Water quality design was provided to meet County deadlines for
completeness review acceptance. As Water Quality is not a code requirement however, we would request this condition be revisited.
Water Quality is typically an Urban Drainage requirement in MS4 areas and municipalities. We're not aware of any other sites in the County where this policy
has been applied to commercial/industrial uses outside of the M54 areas.
I've copied Mike McRoberts on this email to loop him into the discussion.
Thanks,
Kelsey Bruxvoort
Land Planner
AG'PROfessionals
3050 67th Avenue
Greeley, CO 80634
Officer 970-535-9318
Mobile: 970-744-0068
Fax: 970-535-9854
www.agpros.com
AGPROfessionals
DEVELOPERS OF AGRICULTURE
2019
Awards
Winner
From: Maxwell Nader cmnader@weldgov.com>
Sent: Wednesday, October 20, 2021 9:10 AM
To: Kelsey Bruxvoort <Kbruxvoort@agpros.com>
Cc: Tim Naylor <tna ylor@)agpros.com>
Subject: USR21-0015 Staff Comments
Kelsey,
My goal was to have the staff comments to you already but should be finishing up this week and the goal is for you to get them by Fridays. Just wanted to give
you an update. Thanks!
Best,
Maxwell Nader
Planner II
1555 N 17th Ave
Greeley, CO 8O631
mnader@weldgov.com
Phone: (970)-400-3527
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strictly prohibiled.
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Max Nader
From: Lauren Light, Environmental Health Services
Date: September 8, 2021
Re: USR21-0015 Ditter Stacy
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 North Weld County Water District and an
on -site wastewater treatment system (G19732576).
The applicant is proposing to provide a portable toilet 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, vehicle maintenance or washing of vehicles will occur on site.
The parking area will consist of an all-weather gravel surface.
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.
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
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 910-304-64 16
Environmental Health
Services
Tele:970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-.304-6470
Fox: 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6462
Public Health
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. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes, if required
for business use.
6. 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.
7. The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
MEMORANDUM
To: Maxwell Nader, Planner August 25, 2021
From: Hannah Dutrow, Zoning Compliance Officer
Subject: USR21-0015 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV20-00168) was noted. This
violation was initiated due to the presence of Commercial Vehicle parking associated with Oil & Gas
Support & Services operations without first completing the necessary Weld County Use by Special
Review Permits. This case has been forwarded to the County Attorney's Office; therefore, an
investigation fee IS required.
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 application by the Board of County Commissioners would correct the zoning violation;
however, the zoning violation case (ZCV20-00168), cannot be dismissed until the Conditions of Approval
have been completed and the final map has been recorded. The current court case (21-C-31834) has
been dismissed by the County Attorney's office while the Use by Special Review permit is in process. If
not completed within the timeframes allowed by the Weld County Code, it may result in revocation of the
Use by Special Review permit and additional legal action.
If this application is denied, the Department of Planning Services asks that the Board refer this case to
the County Attorney's Office for legal action, but to delay legal action for 30 (thirty) days to remove the
Commercial Vehicles and operations from the property.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR21-0015
Associated Parcel: 080116000025
OGED Reviewer: S. Bryant Knigge
Review Date: 8/31/2021
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.
2. The parcel includes no active oil and gas wells.
3. The parcel includes one 1 plugged and abandoned (PA) well listed in the table below.
Additional information regarding this plugged and abandoned well is available on the
Colorado Oil and Gas Conservation Commission (COGCC). OGED recommends that the
Applicant review this information and contact the responsible operator regarding well
infrastructure that may have been abandoned in place prior to conducting operations in
proximity to the wells.
API
Operator
Well Title
Well Status
05-123-13963
PDC Energy, INC.
State Lease 81 #11-16
PA
4. 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.
These comments and recommendations are 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
August 23, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: DITTER STACY E Case Number: USR21-0015
Please Reply By: September 20, 2021 Planner: Maxwell Nader
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)
Zoned District.
Parcel Number: 080116000025-81197586 Legal: PT NW4 SECTION 16, T6N, R64W of the 6th P.M.,
Weld County, Colorado.
Location: EAST OF AND ADJACENT TO CR 53; APPROXIMATELY 300 FEET SOUTH OF CR 70
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,
El 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.
ri See attached letter.
Signatures i� `� Date Se q IS / {,,O L I
Agency /4/t�L
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
West Greeley Conservation District
(970) 356-8097
Map
Symbol
51
Below is a list of the soils and their limitations according to the USDA, Weld count Soil Surve .
Soil Name Soil Texture
Otero
64
Sandy Loam
Thedalund Loam
Shallow
Excavations
Dwe r ngs
without
Slight Slight
Dwellings with Small
basements Commercial
Slight Slight
Septic Tank Prime Farm Additional Comments
Absorption Land (if
Slight No
Severe No
The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or
contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office.
WEST GREELEY
CONSERVATI N
DISTRICT
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Produced by the West Greeley Conservation District
Irrigation Office
www.eatonditch.com
info@eatonditch.com
106 ELM AVENUE TELEPHONE 970-454-3377
EATON, COLORADO 80615 FAX 970-454-0154
Larimer & Weld Irrigation Co. • Larimer & Weld Reservoir Co. • WRCC, Inc. • Owl Creek Supply & Irrigation Co.
Divide Canal & Reservoir Co. • Lucas Lateral Ditch Co. • Montgomery Lateral • Town Boyd Lateral Co. • For Far Lateral Co.
Gale Lateral Co. • West Irrigation Co. • Decker Lateral Co. • Graham Lateral Co.
November 3, 2021
Mr. Maxwell Nader
Weld County Planning Department
1555 N 17th Ave.
Greeley, CO 80631
via Email: mnader(« wcldgov.corn
RE: Case No.: USR2I -001 S
Dear Mr. Nader:
Decker Lateral Company and Larimer & Weld Irrigation Company (collectively the "Ditch
Companies") were notified of the above -referenced Use by Special Review application on October
28, 2021 by the Applicant/Landowner. No formal notice had been received prior. Larimer & Weld
owns the Larimer & Weld Canal (aka the Eaton Ditch) and services numerous laterals, including
the Decker Lateral. Applicant, Stacey Ditter, has submitted an application in USR21-0015 for an
oil and gas support service and seeks to utilize the ditch road located within Decker Lateral's
easement adjacent to the canal. The Ditch Companies respectfully request thoughtful consideration
of the following:
• The Ditch Companies are concerned about protecting their ditches and related
easements. The Eaton Ditch and associated laterals are used to deliver irrigation water
to approximately 60,000 acres of land. Colorado is a "right to farm" state and the Eaton
Ditch and its laterals are essential to the operation of the farms which are served
therefrom.
• Decker Lateral Company has easements on both sides of its lateral, as well as a road
within the easement along the Lateral (aka ditch road). The road needs to be preserved
for the Decker Lateral's access to all areas of its easements.
• There should be no public or residential access to any of the easement areas, including
the Lateral and ditch road.
• The easement areas for the Lateral must be sufficient to allow Decker Lateral Company
to operate, maintain, repair, rehabilitate and replace its Canal and corresponding
infrastructure as the exigencies may require pursuant to C.R.S. 37-86-103 and abundant
case law. The Applicant should be required to obtain an agreement with Decker Lateral
Company insuring that they will not interfere with the easement for the Lateral and
Decker Lateral Company's use of the same.
Letter to Mr. Maxwell Nader
November 3, 2021
Page 2 of 2
• Decker Lateral Company would like to affirm that the property line setback
requirements are being enforced for this property as they relate to the ditch easement.
Decker Lateral would like to review the plans, plat and setbacks prior to the County's
approval.
• Drainage and storrnwater from the Applicant's development plan should should not go
into the Lateral or easement without an agreement by Decker Lateral Company to
accept the stormwater. Drainage into the Lateral from the proposed development may
be altered from that which occurred historically, especially with ally changes to the
historical topography, and can only be allowed pursuant to an agreement with Decker
Lateral Company. Decker Lateral requests the Applicant provide more specific
drainage and utility plans to review before any final approval of the application.
• No trees, landscaping or improvements should be allowed on the Lateral easement or
in areas proximate to the Canal easement such that they will interfere with or impact
the operation, maintenance, repair, replacement or rehabilitation of the Canal and its
appurtenant facilities.
• The Developer should be required to install and maintain a fence on the easement line
for the Lateral, as well as trespass signage.
• No items from the parking area adjacent to the Lateral easement shall protrude into the
Lateral easement.
Thank you in advance for considering these questions and comments. We will continue to follow
the progress of this project. If you have any questions, please let me know.
Sincerely,
Kimberly Nelson
Secretary, Board of Directors
Larimer & Weld Irrigation Company and
Decker Lateral Company
KN/ap
Hello