HomeMy WebLinkAbout20150098.tiff MEMORANDUM
IT
TO: Kim Ogle, Planning Services DATE: October 28, 2014
c_ o U N T z' L FROM: Jennifer Petrik, P.E., Development Review Engineer
SUBJECT: USR14-0061, Richard Carlson
Storage
The Weld County Planning-Engineering Department has reviewed this proposal. This project falls under
the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23.
Staff comments made during this phase of the Use by Special Review process may not be all-inclusive,
as other issues may arise during the remaining application process.
COMMENTS:
This project is south of and adjacent to CR10 and is west of CR45. Parcel number 147315100052.
Access is from CR10.
CR10 adjacent to the site has been annexed by the Town of Hudson. Contact the Town for access,
roadway improvement, right of way and any other requirements.
The traffic information provided with the submittal states that there is an average of 1 vehicle every 2
days—typically a pickup truck with a possible trailer.
Tracking control is required to prevent tracking from the site onto the public roadways. A well maintained,
well drained surface such as recycled AC, or gravel is appropriate for the site as traffic impacts are light.
The existing pond on the property is adequate to treat surface runoff for water quality.
The applicants will be required to maintain historic drainage flows and run-off amounts on the property.
CONDITIONS OF APPROVAL:
Prior to recording the plat:
A. County Road 10 has been annexed by the Town of Hudson. The Town has jurisdiction over
all accesses within their jurisdiction. Please contact Town to verify the access permit or for
any additional requirement that may be needed to obtain or upgrade the permit.
The plat shall be amended to delineate the following:
A. Label the approved Town of Hudson accesses on the plat with access permit number if
applicable.
B. The applicant shall label the CR10 right of way on the map
C. The applicant shall label the approved water quality feature on the plat as "Water Quality
Feature, No Build/Storage Area". Show drainage flow arrows.
DEVELOPMENT STANDARDS (NOTES ON THE PLAT)
1. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code.
2. The historical flow patterns and runoff amounts will be maintained on the site.
' 1v1861' MEMORANDUM
itTtr= TO: Kim Ogle, Planning Services
UAt T Y FROM: Lauren Light, Environmental Health
L GOUN
SUBJECT: USR14-0061 Carlson
DATE: October 24, 2014
Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use
by Special Review permit for a use permitted as a use by right, an accessory use, or Use by Special
Review in the commercial or industrial zone districts (storage of commercial materials (doors, trim, carpet,
toilets and cabinets for rental properties in a structure and the parking and storage of five (5)commercial
vehicles and a non-commercial junkyard) 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.
The application indicates there are no on-site employees but contractors will come to the site to pick up
materials. There is a residence on the parcel that is served by an individual well (permit 149811) and an
on-site wastewater treatment system (permit G-19870239). The request indicates the residence will be
used for sanitary facilities. The well is permitted for domestic use and may have to be repermitted to
allow commercial use. The septic system is sized for 5 bedrooms/10 people. Any additional hydraulic
load to the existing septic system which exceeds sizing requirements shall require a review by a Colorado
registered professional engineer and in the event the system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current regulations.
A dust abatement plan was not submitted. As there are commercial vehicles that will access the site an
on-site dust abatement plan is required. The plan shall indicate the surfacing of drives and internal
roadways and what will be used to mitigate onsite dust if necessary.
The waste handling plan stipulates that a dumpster is provided and is emptied weekly by Gator Rubbish.
There is paint stored on the property which is disposed of at the Household Hazardous Waste site as a
small business generator or cans are dried out and placed in the dumpster. Only latex based paints can
be disposed of by drying and being transported to a landfill. The plan also states that commercial waste
is burned after obtaining a burn permit. This Department has no records that indicate a burn permit has
been issued for this property within the last three years.
Any burning on the property requires a burn permit and only clean wood can be burned such as tree
branches and untreated wood. Treated wood when burned releases toxic air pollutants that are harmful to
breathe. No permits will be issued for plastics, tires, wires, treated wood (glued, painted or preserved),
hazardous materials, campers, trailers, mobile homes, tree stumps, logs, posts, or creosoted wood,
sheds, barns, houses, coops. No permits will be issued for any treated wood. No painted surfaces, no
varnish, no polyurethane, no laminates such as plywood, OSB, masonite, etc.
If painting is done on the site an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit may be
required.
We have no objections to the proposal; however, we do recommend that the following conditions be part
of any approval:
We recommend that the following requirement be met prior to allowing the plat to be recorded:
1. The applicant shall submit a Dust Abatement Plan, detailing on site dust control measures, for
review and approval, to the Department of Public Health and Environment.
2. The applicant shall submit written evidence of a commercial well to the Department of Public
Health and Environment.
3. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit application from the Air Pollution Control Division, Colorado Department of Health and
Environment, if applicable. Alternately, the applicant may provide evidence from the APCD that
they are not subject to these requirements.
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., as amended) 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., as amended.
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 the approved Waste Handling Plan, at all times.
4. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved Dust Abatement Plan, at all times.
5. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified
Zone as delineated in Section 14-9-30 of the Weld County Code.
6. All 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 (HAP's)
and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations.
7. The facility shall comply with Regulation No. 9, Open Burning, Prescribed Fire, and Permitting (5
CCR 1001-11)of the Colorado Air Quality Control Commission. Only clean, untreated wood and
untreated wood products may be burned.
8. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency.
9. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
2
10. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to On-site
Wastewater Treatment Systems.
11. In the event the existing septic system is utilized for business use, the septic system shall be
reviewed by a Colorado registered professional engineer if the usage surpasses septic permit G-
19870239 sizing limitations. The review shall consist of observation of the system and a
technical review describing the system's ability to handle the proposed hydraulic load. The review
shall be submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current regulations.
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
13. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
3
T Department of Planning Services
1555 N 17th Ave
Greeley, CO 80631
G O U N T Y (970) 353-6100
Weld County Referral
Date: October 8,2014
Applicant: Richard Carlson
Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AUSE
PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,OR A USE BY SPECIAL REVIEW IN HE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE OF COMMERCIAL MATERIALS(DOORS,
TRIM,CARPET,TOILETS AND CABINETS FOR RENTAL PROPERTIES IN A STRUCTUREAND THE
PARKING AND STORAGE OF FIVE(5)COMMERCIAL VEHICLES AND ANON-COMMERCIAL
JUNKYARD) PROVIDED THAT THE PROPERTY IS NOT A LOT IN ANAPPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILEDPRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT.
Case Number: USR14-0061
Parcel Number: 147315100052-R1524102
After reviewing the application and documents submitted the Building Department has the following comments:
A change of use building permit will be required the Ag-exempt structure to personal garage and another other
structure that are used for the business. Handicap accessible bathrooms are required for all patrons and guest for the
business.
A building and electrical permit will be required, per Section 29-3-10 of the Weld County Code, for any new
structures ,additions or renovation to any structures. A building permit application must be completed and two
complete sets of engineered plans.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2012 International Building Code; 2012
International Mechanical Code; 2012 International Plumbing Code:; 2012 International Fuel Gas Code; 2006
International Energy Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of
the Weld County Code.
A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for review and comments
and submitted with Commercial Permit application to Weld County
All building permit requirements can be found on the Weld County web-site.
www.co.weld.co.us/Building Inspection/Comnercial Permits
Frank Piacentino
Department of Building Inspection
MEMORANDUM
1ti ` ' ;
C.= To: Kim Ogle, Planner September 25, 2014
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR14-0061 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV14-00094)was noted. This
violation was initiated due to the operation of a commercial storage area related to a rental business
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.
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, all associated storage operations shall be
removed from the property within 30(thirty)days of denial or the violation will proceed in court accordingly.
SERVICE TEAMWORK,INTEGRITY,QUALITY
80 South 27th Avenue
Brighton, CO 80601
PH: 303-659-7373 I FX: 303-659-6077
Weld County Planning Services
September 29, 2014
Referrals Richard Carlson
9/29/14
: Richard Carlson
Special Use
: USR14-0061
Ms. Johnson
I wish to submit the following information regarding the above referenced project.
_ The concerns of Farmers Reservoir and Irrigation Company are in the area of encroachment to the Right
of Way of the canal. FRICO requires a minimum of 25' on each side of the canal for a maintenance road plus
the distance to the toe of the ditch embankment. Each canal has a different ROW depending on the deed.
The boundaries of the Right of Way must be agreed upon.
_ Drainage is another concern that must be addressed as FRICO does not allow any developed storm flow
into our canals. This will only apply if any development happens.
A Seepage Agreement between FRICO and the Shutts.
X No construction of any structure can be put on our ROW. No use of any sort including pedestrian or
vehicle on our ROW is approved.
_ Please send additional information regarding your project so that we may complete our review and that
review criteria can be sent to you, if applicable.
X Other: Do not recommend storage of any materials that can easily blow into the canal/water supply.
The applicant has or_NiA has not completed a Project Review Application and submitted a deposit for
review fees with the Ditch Company.
Please email Scott Edgar, FRICO General Manager or Molly Lockhart should you have any quetions.
Sincerely, �� I
tI '�Ik�I1C - lam
FRICO, General Manager Project Co-ordinator
ANADARKO Ei&P ONSHORE LLC 1099 18'"STREET, SUITE 1800 • DENVER, COLORADO 80202
P.O. BOX 173779 • DENVER, COLORADO 80217-3779
Anadarkp2
E&P Onshore LLC
October 14, 2014
Via e-mail
kogle@weldgov.com
Kim Ogle,Planner
Weld County Planning Department
1555 N. 17th Ave
Greeley, CO 80631
NOTICE OF MINERAL INTERESTS OWNED BY
ANADARKO LAND CORP. AND ANADARKO E&P ONSHORE LLC
Re: USR14-0061
Township 1 North,Range 65 West
Section 15: part of the E/2
Weld County, Colorado
Dear Kim:
This notice letter is submitted on behalf of Anadarko Land Corp., and Anadarko E&P
Onshore LLC (together the"Anadarko entities") with respect to an application that has been filed
with the Weld County ("County") Planning Department submitted by Richard Carlson
("Applicant") for a site specific development plan and USR that covers property described as
part of the E/2 of Section 15, Township 1 North, Range 65 West, Lot B of Recorded Exemption
RE-3228 ("Property").
This letter is notice to the County that the Anadarko entities own the mineral interests
that underlie the Property and Anadarko has continuing rights to develop mineral interests in
accordance with applicable law and regulations.
The Anadarko entities together own the oil and gas interests that underlie the Property.
The oil and gas interests constitute a real property interest that entitles the Anadarko entities or
their lessees to develop, operate and maintain oil and gas wells on the Property in accordance
with applicable local and Colorado Oil and Gas Conservation Commission ("COGCC")
regulations. The Anadarko entities believe that their oil and gas interests have significant value.
Rule 318A a. of the COGCC rules and regulations currently provides that oil and gas
operators are to utilize five drilling windows in the quarter section where the Property is located,
one in the center of the quarter section and one in the center of each quarter quarter section, to
access the Cretaceous Age formations from the base of the Dakota formation to the surface.
Other COGCC rules apply to formations other than the Cretaceous Age formations.
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
USR14-0061
October 14, 2014
Page 2
The uses that the Applicant propose for the Property at this time do not appear to
significantly interfere with the ability of the Anadarko entities to develop their oil and gas
interests; however, the Anadarko entities requests that the County not allow future or additional
uses of the Property in ways that prohibit or substantially impact the development of the oil and
gas or cause that development to be more onerous or costly.
Colorado case law and statutory law provide that the mineral owner and its lessees own
an independent property right to make reasonable use of the surface, to include access to and use
of the surface estate to explore for and extract minerals.1 Approval of any future surface
development plan that forecloses the rights of mineral owners and lessees may be a compensable
taking.
The Anadarko entities request that the County provide for the private property rights of
oil and gas interest owners in all application approvals relating to the Property.
Please make this Notice and the comments in it a part of the record in the proceedings.
Best regards,
Dave Haertel
Landman
cc: Susan Aldridge,Esq. -Anadarko Petroleum Corporation
Ron Olsen-Anadarko Petroleum Corporation
Don Ballard-Anadarko Petroleum Corporation
EE
1 See Frankfort Oil Company v.Abrams,413 P.2d 190(Colo. 1966).Note also,Gerrity Oil&Gas Corporation v.
Magness,946 P.2d 913 (Colo. 1997),which discusses in a footnote on page 927 the principle that the owners of
both estates must exercise their rights in a manner consistent with one another.
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
,^ DNR ' COLORADO
CODivision of Water Resources
i
Department of Natural Resources
1313 Sherman Street, Room 821
Denver, CO 80203
October 9, 2014
Kim Ogle
Weld County Department of Planning Services
Transmitted via email:
kogle@co.weld.co.us
RE: Carlson Special Use Permit Application
Case no. USR14-0061
SW V4 of the NE % of Sec. 15, T1N, R65W, 6th P.M.
Water Division 1, Water District 1
Dear Ms. Ogle,
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-
101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11,
2011 memorandums to county planning directors, this office will only perform a cursory
review of the referral information and provide informal comments. The comments do not
address the adequacy of the water supply plan for this project or the ability of the water
supply plan to satisfy any County regulations or requirements. In addition, the comments
provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the
issuance of a well permit, or physical availability of water.
The application requests a site specific development plan and use by special review permit to
allow the storage of commercial materials in a structure, the parking and storage of five
commercial vehicles and a non-commercial junkyard. The operation involves the storage and
movement of supplies and equipment by visiting contractors. Information in the application
suggests that there is not water use associated with the proposal except "if the occasional
contractor needs to use a restroom they will be directed to the personal residence." The
applicant's proposed water supply is a well; a copy of well permit no. 149811 was submitted
with the application.
Permit no. 149811 was issued on October 26, 1987 to construct a well into the nontributary
Laramie-Fox Hills aquifer. The uses on the permit include household purposes inside one
single family dwelling, the irrigation of up to one acre of home gardens and lawns, and the
watering of domestic animals. This office has not received evidence that the well was
constructed prior to the permit expiration date, October 26, 1989; therefore this permit is
not valid. If the applicant constructed the well prior to the expiration date they should
submit evidence of well construction to this office through either a Well Construction
Report or the Existing Well Information and Inspection Form (Form GWS-68). If the well
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
Carlson Special Use Permit Application
October 9, 2014
Page 2 of 2
was constructed after October 26, 1989 the applicant must apply for a new well permit to
use the existing well.
The provision of bathroom services related to the business is considered a commercial water
use. So long as the applicant does not provide sanitary facilities for contractors through the
existing well, they can operate this well using an exempt domestic permit. An exempt well
permit may be obtained either through the reinstatement of the existing well permit or
through application for a new exempt domestic well permit, as discussed above.
If the applicant desires to use their existing well for commercial purposes in addition to
domestic uses, a non-exempt permit will be required. To obtain a non-exempt permit the
well will either need to have non-tributary water available or first obtain a plan for
augmentation. So long as the well was completed into the Laramie-Fox Hills aquifer, the
applicant may be able to obtain a non-exempt well permit without a plan for augmentation.
The applicant needs to obtain a valid permit for their existing well. How they intend to
provide sanitary facilities to their commercial contractors will dictate what type of well
permit will be required. The ability for the Applicant to obtain new well permits will be
determined at the time well permit applications are received by this office.
Should you or the applicant have any questions regarding this matter, please contact Karlyn
Armstrong of this office.
Sincerely,
•
Milall/b4 Xr
Joanna Williams, P.E.
Water Resource Engineer
Cc: File for permit no. 149811
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us
Hello