HomeMy WebLinkAbout20162579.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
DATE: June 28, 2016
FROM: Hayley Brown, E.I., Development Engineer
SUBJECT: USR16-0020 Young
The Weld County Department of Planning Services -Engineering 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: Outdoor Storage of Steel Fencing Material
This project is south of the intersection of CR35 and CR32
Parcel number: 121123100040
Drainage Requirements:
Please contact Department of Planning Services/Engineering Development Review for questions or
assistance for drainage requirements at 970-353-6100.
URBANIZING VS NON -URBANIZING DRAINAGE AREA:
This area IS within a Non -Urbanizing Drainage Area:
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.
The applicant has submitted a drainage narrative stating that they will meet exception 1.a.14 A parcel
greater than 5 gross acres in size is allowed a onetime exception for a new 2,000 sq ft building or
equivalent imperviousness.
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 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 a Engineering representative from the
Planning Department 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, Rik Gay, 303-692-
3575.
Geologic Hazard Area:
This area IS NOT in a Geologic Hazard Area.
Floodplain:
This area IS NOT in a FEMA regulatory floodplain.
CONDITIONS OF APPROVAL:
A. The plan shall be amended to delineate the following:
1. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer)
2. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Planning Services -Engineer)
Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
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: June 28, 2016
Re: USR16-0020 Young
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit a use permitted as a
Use by Right, an Accessory Use, or a Use by Special Review in the Commercial
or Industrial Zone Districts (storage and fabrication of materials including steel
pipe), provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions, in the A (Agricultural) Zone District.
The application indicates that there may be 2 full time employees in the future.
A portable toilet and bottled water can be used for 2 or less full time (40 hour
week) employees that are working on site. According to the application waste
will be removed from the site on a weekly basis.
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
accordance with Chapter 14, Article 1 of the Weld County Code.
Health Administration
Vital Records
Tele: 970-304-6410
F:7x: 970-304-6412
Public Health &
Clinical Services
Te e: 970-3D4-1L2D
Fax: 970-304-,6.4.6
Environmental Health
Services
Tee: 970-30L-64.5
Fox: 970-30'-64.1
Communication,
Education I Planning
Tele: 970-304-6470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 97;-304-6470
=ux- 97.0-3O4-6452
Public Health
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. The facility shall adhere to the maximum permissible noise levels
allowed in the Commercial Zone as delineated in 25-12-103 C.R.S.
6. Adequate drinking, hand washing and toilet facilities shall be provided
for employees, at all times. For 2 or less full time (40 hour week)
employees located 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: Kim Ogle, Planning Services DATE: June 17, 2016
FROM: Janet Lundquist, Public Works
SUBJECT: USR16-0020 Young
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: 121123100040
This project is east of and adjacent to CR 35 section line and is south of CR 32. Parcel number
121123100040.
Access is from CR 32.
Access:
An Access Permit application was submitted with the application materials. Public Works will review the
application and provide an access permit and permit number if approved. Questions concerning access
requirements can be directed to Public Works access permit division.
For shared accesses, Public Works strongly recommends that 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 for the recorded exemption but is recommended
to avoid property owner conflicts in the future.
Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of shoulder to allow a
truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any
vehicle(s) stopped to open a gate be allowed to create a safety issue for roadway users.
When feasible, there shall be no net increase in the number of accesses to a public road. Contact Public
Works to discuss your access.
Roads:
County Road 32 is a paved road and is designated on the Weld County Road Classification Plan 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.
The County Road 35 Section Line is estimated to have 60 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the
site plan. All setbacks shall be measured from the edge of right-of-way.
Traffic:
Latest ADT on 32 was taken on 4/16/2014 which counted 1805 vpd with 50% trucks.
The traffic information submitted with the application materials indicated that there will be approximately 5
daily roundtrips.
TRACKING CONTROL:
Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are
listed below. Temporary Tracking Control shall be used during construction unless permanent tracking
control is installed ahead of construction activities.
Less than 20 passenger vehicle round trips/day, no upfront tracking control requirements.
A development standard will be included on the recorded site plan. "The access shall be maintained to
mitigate any impacts to the public road including damages and/or offsite tracking."
Improvements and Road Maintenance Agreement:
No improvements agreement will be required as the anticipated traffic is less than 21 round truck trips/day
or 50 round passenger vehicle trips/day or if defined as a Site Plan Review (SPR). A development standard
will be applied to the recorded map indicating any impacts to the road must be mitigated by the owner. The
access on the site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking.
CONDITIONS OF APPROVAL:
A. The plan shall be amended to delineate the following:
1. County Road 32 is a paved road and is designated on the Weld County Road Classification Plan
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. County Road 35 Section Line is shown to have 60 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
3. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii on the
site plan. (Department of Public Works)
4. Show and label a 30ft minimum access and utility easement to provide legal access to the parcel
on the site plan. (Department of Public Works)
5. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (Department
of Public Works)
6. Show and label the section line Right -of -Way as "CR 35 Section Line Right of Way, not County
maintained" (Department of Public Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(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 offsite 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. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
MEMORANDUM
To: Kim Ogle, Planner May 31, 2016
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR16-0020 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV16-00029) was noted. This
violation was initiated due to the storage of a large quantity of fencing (pipe) materials without first
completing the necessary Weld County Zoning Permits. This case has not been presented to the Weld
County Court Magistrate through the Violation Hearing process. Since this application was submitted prior
to an actual court date being scheduled, NO 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.
This violation was initiated on March 25, 2016.
If this application if approved by the Board of County Commissioners and once a plat is recorded will
correct this outstanding violation. If this application is denied, staff is requesting that the Board of County
Commissioners refer this case to the County Attorney's Office to proceed with legal, but to delay legal
action for 30 (thirty) days so that all commercial storage (metal/pipe material) can be removed from the
property and moved to another property that is approved for such use.
SERVICE TEAMWORK INTEGRITY. QUALITY
Submit by Email
Weld County Referral
May 31, 2016
The Weld County Department of Planning Services has received the following item for review:
Applicant: Matthew & Heather Young Case Number: USR16-0020
Please Reply By: June 28, 2016 Planner: Kim Ogle
Project: 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 (storage and fabrication of materials including steel pipe), provided that the property is not a lot
in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions, in the A (Agricultural) Zone District
Location: APPROXIMATELY 2000 FEET SOUTH OF CR 32; WEST OF AND ADJACENT TO CR 35
SECTION LINE
Parcel Number: 121123100040-R3796905 Legal: PART E2NE4 SECTION 23, T3N, R66W LOT A REC
EXEMPT RE -4003 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.
r
r
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
Mary Ann Fessler
Anadarko/Kerr-McGee
6/28/16
Date
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax
Anadar'i
Petroleum Corporation
June 28, 2016
VIA E-MAIL
Kim Ogle, Planner
Weld County —Department of Planning
1555 N 17th Ave
Greeley, CO 80631
ko,gle(ii;weldgov.com
NOTICE OF MINERAL INTERESTS AND OIL AND GAS LEASEHOLD
INTERESTS OWNED BY ANADARKO LAND CORP., ANADARKO E&P
COMPANY LP AND KERR-McGEE OIL & GAS ONSHORE LP AND OBJECTION
Re: USR16-0020
Matthew & Heather Young - Property Owner or "Applicant"
Township 3 North, Range 66 West
Section 23: part of the E/2NE/4 ("Property")
Weld County, Colorado
Mr. Ogle:
This objection and notice letter is submitted to Weld County ("County") on behalf of
Anadarko Land Corp. ("Anadarko Land"), Anadarko E&P Company LP ("Anadarko E&P"),
and Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee") with respect to the application for
a Site Specific Development Plan and USR Permit that has been filed with the County by
Matthew and Heather Young ("Applicant") that includes property in the E/2NE/4 or Section
23, Township 3 North, Range 66 West in Weld County.
Anadarko Land and Anadarko E&P (the "Anadarko entities") together own the
minerals that underlie the property located in Section 23 ("Property"). Kerr-McGee owns oil
and gas leasehold interests in the Property.
The Anadarko entities and Kerr-McGee wish to give notice to the County of the
mineral interests and oil and gas leasehold interests they own under the Property and make
the County aware that the approval of a final application may significantly impact the
prospective development of the minerals and oil and gas interests that underlie the Property.
The Anadarko Entities and Kerr-McGee object to the approval of a final application for
development until agreements on surface use are reached among the Anadarko entities, Kerr-
McGee and the Applicant covering the Property.
The following arc comments in support of this Notice and Objection:
1. The Mineral Resources Owned by Anadarko Land Corp.
Anadarko Land owns all of the hard rock minerals, including the coal, that underlies
the Property. Anadarko Land has reviewed the Property for coal resource potential and
determined that the Property is underlain with Laramie Formation coals that are
approximately 14.3 feet thick and lie at a depth starting at approximately 43 feet. Laramie
Formation coals have a high BTU of approximately 8,900 to 9,800 btu/lb and a low sulfur
content or between .3 and .8 percent. Anadarko Land estimates that there may be over 15.8
million tons of Laramie Formation coal in Section 23.
2. The Oil and Gas Resources Owned by the Anadarko Entities.
The Anadarko entities together own all of the oil and gas that underlies the Property,
and Kerr-McGee owns oil and gas leasehold interests for the Property.
3. There is Clear Statutory Authority and Direction for the County to Take Into Account
the Rights of Mineral Interest Owners in Its Consideration of Applications for
Development.
The State of Colorado recognizes the important rights of mineral owners and lessees
in C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and
the surface estate are interests in land mid that the two interests are "separate mid distinct."
The subsection specifically recognizes that the owners of subsurface mineral interests and
their lessees have "the same rights and privileges as surface owners."
4. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard
to the Rights of the Other.
Colorado law provides that the mineral owner has the right of reasonable access to
and use of the surface estate to extract minerals and that the mineral estate owner and the
surface estate owner arc to give due regard to the rights of the other and reasonably
accommodate each other's rights.
5. The Anadarko Entities and Kerr-McGee Have Entered into Many Agreements with
Developers With Respect to the Disposition of the Minerals at the Time that the
Developer Proposes to Develop the Surface Estate, and the Public Interest is Served
by the Parties Entering into Such an Agreement.
The mineral assets have significant value and consequently the Anadarko entities and
Kerr-McGee are concerned that the approval by the County of an application for
development of the Property and the subsequent build -out of the Property may impair their
ability to develop their minerals and oil and gas interests.
Any future surface development plans approved by the County should incorporate
and designate lands to be set aside for oil and gas development and expressly provide
protection for future wells, pipelines, gathering lines and related oil and gas facilities and
equipment. Approval of any surface development plan that forecloses the rights of mineral
and leasehold owners may be a compensable taking.
The Anadarko entities and Kerr-McGee have extensive mineral and oil and gas
leasehold interests throughout the State of Colorado and have successfully worked with many
parties who wish to develop the surface estate in order to assure the compatible development
of the surface estate and the oil and gas estate or some other disposition of the minerals.
The practice of the Anadarko entities and Kerr-McGee is to meet with surface owners
to reach a mutually acceptable agreement, including the disposition of the hard rock mineral
interests. To date, the Anadarko entities and Kerr-McGee have not had any discussions with
the Applicant on this matter. Because no agreement has been reached between the parties that
covers the Property, and in order to protect their mineral and oil and gas interests and private
property rights, the Anadarko entities and Kerr-McGee object to the application and request
that the County make any approval of a final application for development of the Property
conditioned upon an agreement among the Anadarko entities, Kerr-McGee and the
Applicant.
Please contact me at 970-515-1539 if you have any questions or comments about this
matter. The Anadarko entities and Kerr-McGee hope to conclude a mutually acceptable
agreement with the surface owner of the property, and we look forward to working with the
Town to accomplish its land use planning goals.
Sincerely,
ANADARKO PETROLEUM CORPORATION
Ow b4,4^o-y' of
Mary Ann Fessler
Landman
cc: Jeff Fiske, Lead Counsel
Don Ballard
Travis Book
Justin Shoulders
Don Jobe
Paul Ratliff
John Kershner
Ron Olsen
Matthew Young (mattyoungfencegmsn.corn)
Hello