HomeMy WebLinkAbout20183040.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
DATE: July 20, 2018
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0058 Sagner
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 a Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts (Landscape Construction and Maintenance Business) provided that the property is not a lot
in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
This project is east of and adjacent to CR 23 and is north of CR 22.5.
Parcel number 131112200007.
Access is from CR 23.
ACCESS
An Access Permit application was not submitted with the application materials. Public Works has reviewed
the submitted materials and provides a recommendation for access locations based on County code and
safety criteria in accordance with the Weld County Engineering and Construction Criteria. The existing
access point to the property does not meet the current spacing criteria from and intersection of adjacent
access points for a Collector roadway (660' & 330' respectively). If a variance is granted from spacing
criteria then an access permit will be required for the change of use from residential to small commercial.
Questions concerning access requirements can be directed to Public Works access permit division.
For new accesses and/or change of use of an existing access, the fee and photos are required (photo
looking left and right along roadway from the access point and looking in to and out of the access point).
These photos are used to evaluate the safety of the access location. Access permit instructions and
application can be found at https://www.weldgov.com/departments/public works/permits/. Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design
guidance, which can be accessed at: https://www weldgov corn/departments/public works/engineering/.
Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, 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.
For shared accesses, Public Works strongly recommends the property owner establish an access road
maintenance agreement so future owners of the properties will be aware of their requirements for shared
maintenance of the access road. This is not a requirement, but is recommended to avoid property owner
conflicts in the future.
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(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat 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, Chapter 23, Article III, Section 23-3-50, 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 12, Article 4, Section 12-4-30.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 comldepartmentslpublicworks/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 23 counted 1166 vpd with 25% trucks.
The traffic information submitted with the application materials stated that there are 9 truck roundtrips per
day and 13 employee round trips per day.
TRACKING CONTROL POLICY
Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of
a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road
base. Tracking control is required to prevent tracking from the site onto public roadways. 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 devices
can be double cattle guards or rip rap (6" washed rock). 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 Public Works for review and consideration.
4 to 10 round truck trips/day (tandem or semi -trucks):
• Access onto gravel roads requires recycled asphalt or road base on all driving surfaces.
• Access onto paved roads requires a tracking control device and a minimum of 100 feet of recycled
asphalt/road base OR 300 feet of asphalt. (Surface improvements less than 300 feet may be
allowed if site constraints would prohibit meeting condition.)
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works may require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• Construction Maintenance Agreement
• Access Improvements Agreement
An Improvements Agreement is required for sites with required off -site improvements per Chapter 12,
Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and
maintained.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldclov com/UserFiles/Servers/Server 6/File/Departments/Publie/020Works/DevelopmentR
eviewlsprusr.pdf. It will detail the approved haul route(s), outline when off -site improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage
repairs, and future improvement triggers.
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area:
Non -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, 10 -year
storm falling on the undeveloped site for NON -URBANIZING areas.
Detention pond waived and a simple drainage narrative:
A drainage narrative is required and full drainage report and detention pond waived if the site qualifies for
an exception to detention requirements listed below.
The drainage narrative must include at the minimum:
1. Description which exception is being applied for and supporting rationale
2. Where the water originates if it flows onto the property from an offsite source
3. Where it flows to as it leaves the property
4. The direction of flow across the property
5. If there have been previous drainage problems with the property
Exceptions.
1. Exceptions to stormwater detention shall not jeopardize the public health, safety, and
welfare of public and private property. Exceptions shall be supported with a drainage
narrative.
a. No stormwater detention will be required for sites that meet any of the following
conditions. Requirements of the Municipal Separate Storm Sewer System (MS4)
areas remain applicable.
8) Development of sites where the change of use does not increase the
imperviousness of the site.
GRADING PERMIT
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan 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 an Engineering
representative from the Public Works for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. 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 off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing engineering requirements, submission
of collateral (if required), and testing and approval of completed improvements. (Department of Public
Works)
B. The plan 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 as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County. (Department of Public
Works)
2. Show and label the approved access locations, approved access width and the appropriate turning
radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s)
prior to construction. (Department of Public Works)
3. Show and label the approved tracking control on the site plan. (Department of Public Works)
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. (Department of Public Works)
5. The applicant shall show the drainage flow arrows. (Department of Public Works)
6. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction. This site
requires a tracking control device and a minimum of 300 feet of recycled asphalt or road base.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of 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. (Department of Public Works)
5. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
6. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: July 10, 2018
Re: USR18-0058 Sagner
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for any use permitted as a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts, (landscape construction and maintenance business) in the A
(Agricultural) Zone District.
The existing residence is served by an individual domestic well (permit 291979) and a
septic system permitted for 3 bedrooms (SP -1300096). The well cannot be used for the
business unless it is repermitted to allow commercial use. A portable toilet and bottled
water can be used for employees who are on site for 2 consecutive hours or less and 2
or less full time employees on site. The application indicates a portable toilet will be
utilized for the business which is acceptable.
According to the application there is no washing or maintenance of vehicles or
equipment and there are no floor drains in the shop. There is approximately 50 gallons
of fuel storage for mowers and equipment. Noise will be restricted to the commercial
zone. Commercial burning is not allowed on the site.
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
lot: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
cic: 9/0 304 6420
Fax: 910-301-64 16
Environmental Health Communication,
Services Education & Planning
Tele: 970-304-6415 Tele: 970-.304-6470
Fux: 970-304-6411 Fox. 970-304-6452
Emergency Preparedness
8 Response
Tele: 970-304-6470
Fax: 970-304-6462
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 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. Adequate drinking, handwashing and toilet facilities shall be provided for
employees of the facility, at all times. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining
to Onsite Waste Water Treatment Systems.
6. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. The existing well (permit 291979) cannot be used for the
business unless it is repermitted to allow commercial use.
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. This facility shall adhere to the maximum permissible noise levels allowed in
the Commercial Zone as delineated in 25-12-103 C.R.S.
9. All pesticides, fertilizer, and other potentially hazardous chemicals must be
handled in a safe manner in accordance with product labeling and in a
manner, that minimizes the release of hazardous air pollutants (HAPs) and
volatile organic compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturers'
recommendations.
10. The operation shall comply with all applicable rules and regulations of State
and Federal agencies and the Weld County Code.
Submit by Email
Weld County Referral
June 22, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: George & Lauren Sagner, c/o Pat Sagner, Case Number: USR18-0058
JR's Landscaping, LLC
Please Reply By: July 20, 2018 Planner: Kim Ogle
Project: A Site Specific Development Plan and Use by Special Review Permit for a Use permitted as a
Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (Landscape Construction and Maintenance Business) provided that the property is not a lot in
an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
Location: Approximately 400 Feet North of CR 22.5; East of and adjacent to CR 23
Parcel Number: 131112200007-R6783720 Legal: PART NW4 SECTION 12, T2N, R67W LOT A REC
EXEMPT RECX12-0101 of the 6th P.M., Weld County, Colorado.
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
e
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
Agency
Taw Tamlin, Fire Marshal
Fort Lupton Fire Protection District
Date June 25, 2018
Weld County Planning Dept, 1555 N 17th Ave, Greeley, CO 80631 (970) 400-6100 (970) 304-6496 fax
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Date: 06/25/2018
Project name: USR18-0058
Project address: 10606 Weld County Rd. 23, Fort Lupton, Co 80621
FLFPD Project # 2018-052
Plan reviewer: Taw Tamlin
The Fire District has reviewed the referral submittal USR18-0058 located at 10606 Weld County Rd. 23,
Fort Lupton, CO 80621. The submittal was reviewed for compliance with 2012 International Fire Code
(IFC) and National Fire Protection Association (NFPA) standards as adopted by the Fort Lupton Fire
Protection District, the City Council of Fort Lupton, and Weld County Commissioners. The following
specific and general requirements and conditions shall be met at time of county approval.
1, Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096
mm), exclusive of shoulders, except for approved security gates in accordance with Section
503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 2012
IFC, 503.2.1
2. Fire apparatus access roads shall be designed and maintained to support the imposed loads of
fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. 2012 IFC,
503.2.3
3. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be
provided with an approved area for turning around fire apparatus. 2012 IFC, 503.2.3
4. Fire apparatus access roads shall not be obstructed in any manner, including the parking of
vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained
at all times. 2012 IFC, 503.4
5. The installation of security gates across a fire apparatus access road shall be approved by the
fire chief. Where security gates are installed, they shall have an approved means of emergency
operation, The security gates and the emergency operation shall be maintained operational at
all times. Electric gate operators, where provided, shall be listed in accordance with UL 325.
Gates intended for automatic operation shall be designed, constructed and installed to comply
with the requirements of ASTM F 2200, 2012 IFC, 503.6
6. Combustible waste material creating a fire hazard shall not be allowed to accumulate in
buildings or structures or upon premises. 2012 IFC, 304.1
7. Weeds, grass, vines or other growth that is capable of being ignited and endangering property,
shall be cut down and removed by the owner or occupant of the premises. 2012 IFC, 304.1.2
Page 1of2
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8. If at any time the business owner decides to add a building for the business the Fire District
requires a plan review. Three (3) sets of building construction plans for any commercial
buildings shall be submitted to the Fort Lupton Fire Protection District for review and approval.
Please visit ;7„_., �ir-l.; .,: ,, ;, w �� ^, = sn t. �� t r� }I for information on the review process and
fees. 2012 IFC 104.2
Page 2 of 2
ANADARKO PETROLEUM CORPORATION MAIN (720) 929-6000
1099 18 STREET, SUITE 1800 • DENVER. COLORADO 80202
July 20, 2018
VIA E-MAIL
Weld County Department of Planning Services
Kim Ogle- Planner
1555 N 17th Ave
Greeley, CO 80631
koo Idcr,•vc1dgo\•.rzi
NOTICE OF OIL AND GAS LEASEHOLD INTERESTS OWNED BY KERR-McGEE
OIL & GAS ONSHORE LP AND RIGHT-OF-WAY GRANT OWNED BY KERR-
MCGEE GATHERING LLC
Re: USR18-0058 — "Application"
George & Lauren Sagner c/o Pat Sagner, JR's Landscaping, LLC- "Applicant"
Township 2 North, Range 67 West
Section 12: Part of the NW/4
Weld County, CO
Ms. Ogle:
This letter is being submitted by Anadarko Petroleum Corporation on behalf of its
subsidiaries Kerr-McGee Oil & Gas Onshore LP and Kerr-McGee Gathering LLC (together the
"Anadarko entities") to inform you that the Anadarko entities are the owners of valid oil and gas
leases, a surface use agreement, and a right-of-way grant. These interests cover all or parts of the
NW/4 of Section 12, Township 2 North, Range 67 West ("Subject Property").
Anadarko's recorded oil and gas leases are real property interests entitling it to produce
oil and gas from the Subject Lands (and, as may be applicable, adjacent lands). The Company
has the right to produce from existing wells, to maintain, rework, recomplete, and fracture those
existing wells to enhance production, and to drill new wells to produce oil and gas, in accordance
with applicable Colorado Oil and Gas Conservation Commission regulations and Colorado
Statutes. Anadarko's oil and gas assets have significant value, and the Company is consequently
concerned about any development, surface use, plan of use, PUD, zoning or rezoning, or other
action by the Town that would impair or preclude its ability to develop its oil and gas interests.
The Anadarko entities do not object to the subject Application, providing the Applicant
conforms to the Easement, Right -of -Way and Surface Use Agreement made and entered into on
January 17th, 2000 and recorded on February 3rd, 2000 with the Weld County Clerk and Recorder
at Reception Number 2747863. Please note that although the Anadarko entities do not object to
the Applications, we continue to assert our rights to make reasonable use of the surface of the
Property to develop our mineral interests.
Please contact me at 720-929-3504 if you have any questions or comments about this
matter.
Sincerely,
ANADARKO PETROLEUM CORPORATION
1
Megan Bosma
Landman
cc: Jeff Fiske, Lead Counsel
Don Jobe
Ron Olson
Paul Ratliff
Brett Cavanagh
Tony Cabral
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