HomeMy WebLinkAbout20130508.tiffMEMORANDUM
TO: Chris Gathman, Planning Services DATE: December 14, 2012
FROM: Donald Carroll, Engineering Administrator
Public Works Department
SUBJECT: USR12-0076, Randolph & Judy Cass
(Briggsdale Cafe/Restaurant/Package Liquor Store)
The Weld County Public Works Department reviewed the submitted application for critical items,
including but not limited to Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils
Report, and Flood Hazard Development Permit. A detailed review of these items was not completed at
this step in process. Comments made during this stage of the review process will not be all inclusive;
as revised materials are submitted other concerns or issues may arise. All issues of concern and
critical issues during further review must be resolved with the Public Works Department.
COMMENTS:
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state
highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350-2163) to
verify the access permit or for any additional requirements that may be needed to obtain or upgrade the
permit. (State Highway 14)
REQUIREMENTS:
Access Permit Application Form:
CDOT approved an access to State Highway 14, Permit # 412107 (11-20-2012) for single family/Liquor
Store.
Noxious Weeds:
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 Section 15-1-180 of the Weld County Code.
Off-street parking spaces including the access drive shall be surfaced with gravel and shall be graded
to prevent drainage problems.
Parking lots shall conform to all standards of the American with Disabilities Act.
Traffic Study:
The assumed number of customers per day is 35 (35 X 2 = 70 trips/day). The residential structure has
an assumed trip generation of 6 trips/day. The agricultural access is assumed to generate 4 trips /week.
The average daily trip generation is 70 + 6 + 1 = 77 trips/day.
Historic Storm Water Flows Narrative
1. Include label on water quality pond as "Water Quality — No Build or Storage Area". Correct the
note on the plans for the Water Quality Control Volume to reflect cubic feet. Re -check and
update the dimensions shown on the plans for the proposed Water Quality pond.
2. Add the following notes to the plat:
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a. The historical flow patterns and run-off amounts will be maintained on site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off.
b. Weld County is not responsible for the maintenance of drainage related features.
Flood Hazard Development Standards:
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA), but adjacent to Crow Creek (not mapped) at this location by FEMA
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MEMORANDUM
TO: CHRIS GATHMAN, PLANNING SERVICES
FROM: MARY EVETT, ENVIRONMENTAL HEALTH
SUBJECT: USR12-0076
DATE: JANUARY 3, 2013
Environmental Health Services has reviewed this proposal to convert a caf� into a
package liquor store located in the A (Agricultural) Zone District. There is an existing
residence located on the property, along with the existing commercial building (Caf�).
There is an existing individual well (Permit No. 289676) on the property that is approved
for use in one single family dwelling and for drinking and sanitary purposes inside a
commercial business. The well shall not be used for purposes outside the dwelling and
business building, including lawn irrigation or animal watering.
A water treatment facility had been installed for the Caf� when it was in operation, per
the requirements of the Colorado Department of Public Health and Environment's retail
food establishment regulations. The water treatment facility was approved by Weld
County Environmental Health on October 2, 2009.
In 2001, the Colorado Department of Public Health and Environment (CDPHE)
determined that based on the usage at that time, the water system for the Caf� did not
require a public water system permit. The applicant will need to contact CDPHE
regarding whether the water system will require a public water system permit for the
change of use.
The existing residence and commercial building are served by existing individual
sewage disposal systems that are antiquated and in poor condition. The applicant has
made application for septic permits to replace these antiquated septic systems; SP -
1200242 for the residence, and SP -1200243 for the commercial building. Prior to
issuance of occupancy, Septic Permits SP -1200242 and SP -1200243 must receive final
approval by Weld County Environmental Health Services, and the existing septic
systems must be properly abandoned.
The waste handling plan stipulates that the majority of waste will be cardboard, and the
cardboard will be recycled. Commercial and residential trash and garbage will be
removed by a commercial waste hauler. The plan needs to be revised to include the
name, address and phone number of the waste handler and disposal facility.
Access drives are paved and the parking lot and residential driveway are covered in
gravel. Onsite speeds will be controlled to less than 10 mph.
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 requirements be met prior to allowing the plat to be
recorded:
1. In the event the facility's water system serves more 25 persons on a daily basis
the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County
Department of Public Health and Environment that the system complies with the
Regulations.
2. The applicant shall submit a revised waste handling plan to the Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. The plan shall include at a minimum, the following:
a) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number).
We recommend that the following requirements be incorporated into the permit as
conditions that must be met prior to the issuance of the Certificate of Occupancy:
1. Septic Permits SP -1200242 (existing residence) and SP -1200243 (liquor store)
must receive final approval through the Weld County Department of Public
Health and Environment.
2. The existing septic systems must be abandoned in accordance with Section 30-
7-70 of the Weld County Code pertaining to individual sewage disposal systems.
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.
2
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.
4. The applicant shall operate in accordance with the approved "waste handling
plan", at all times.
5. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
6. This facility shall adhere to the maximum permissible noise levels allowed in
the Commercial Zone as delineated in Section 14-9-30 of the Weld County
Code.
7. Adequate drinking, hand washing and toilet facilities shall be provided for
employees and patrons of the facility, at all times.
8. 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 Individual Sewage Disposal Systems.
9. In the event the facility's water system serves more than 25 persons on a daily
basis the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1).
10. The operation shall comply with all applicable rules and regulations of State
and Federal agencies and the Weld County Code.
Additionally, please note the following:
1. This application is proposing a well as its source of water. The applicant should
be made aware that groundwater may not meet all drinking water standards as
defined by the Colorado Department of Public Health and Environment. We
strongly encourage the applicant to test their drinking water prior to consumption
and periodically test it over time.
3
Department of Planning Services
1555 N 17th Ave
Greeley, CO 80631
(970) 353-6100
Weld County Referral
Date: January 21.2013
Applicant: Randolph & Judy Cass, c/o Steven & Chris
Project: A Site Specific Development Plan and Use by Special Review Permit for the Expansion or
extension of a Nonconforming Use (conversion of a restaurant into a package liquor store) in the
A (Agricultural) Zone District.
Case Number: USR12-0076
Parcel Number: 054520000007-R0567086
After reviewing the application and documents submitted the Building Department has the
following comments:
Building permits will be required for an existing nonconforming use. Building permit application
must be completed with a code analysis, compete floor plan including accessibility and life
safety, mechanical ventilation .Plans should include any propose alterations to the structure;
plans shall be prepared by an architect or engineer.
Buildings, 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: 2O121nternational Energy Code; 2006 International Fuel Gas Code; the 2012
International Plumbing Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility
Code and Chapter 29 of the Weld County Code.
A plan review shall be approved and a permit must be issued prior to the start of construction.
All building requirements can be found on the Weld County web -site
www.co.weld.co.us/planning department/building inspection/permits
Frank Piacentino
Plans Examiner
Department of Building Inspection
From: Bilobran - CDOT, Timothy
To: Chris Gathman
Cc: Hice-Idler, Glona• Bilobran Timothy
Subject: Re: Signs for Old Crow Valley Cafe/proposed Package Liquor Store
Date: Wednesday, January 23, 2013 8:58:57 AM
Morning Chris,
I'm afraid those signs need to be relocated out of the CDOT right-of-way. CDOT was
not aware that those signs are in our right-of-way. Colorado Revised Statute 43-1-
417 (3) (a) prohibits advertising in state right-of-way.
Now that the property is redeveloping and the information on the sign's placement
has come to light it is the perfect time for the signs to be relocated onto private
property. The applicant will need to modify his site plan showing those signs as
relocated onto private property.
Once the signs are located on private property they will be considered on -premise
signage. There are no permits from CDOT required for on -premise signs. These
signs only must meet these guidelines:
A- No sign shall be allowed to advertise activities that are illegal under
State or Federal Laws or Rules and Regulations
B- A sign that is blank or displays obsolete advertising matter for a period
of six months is an abandoned sign and shall be removed
C- No sign shall be allowed that is not clean and in good condition
D- No sign shall be allowed which prevents the drive of a vehicle from
having a clear and unobstructed view of official signs and approaching or
merging traffic
E- No lighting shall be allowed to be used in any way in connection with
any sign unless it is so effectively shielded as to prevent beams or rays of
light from being directed at any portion of the main -traveled way of the
State Highway System, unless lighting is of such low intensity or brilliance
as not to cause glare or to impair the vision of the driver of any motor
vehicle, or to otherwise interfere with any driver's operation of a motor
vehicle
F- No sign shall be allowed which moves or has any animated or moving
parts. Scrolling is considered "movement".
Example- An electronic sign which reads "Best" for x seconds, then
fades out and is replaced with "Deals" for x seconds, and finally
"Around" for x seconds is legal. However, a sign which has "Best Deals
Around" scrolling from right to left continually is illegal.
G- The United States Postal Service prohibits advertising on mailboxes or
their supports. Business symbols or business trademarks are classified as
advertising, which are prohibited. The business name which is required by
USPS to be on each mailbox shall not be in excess of three inches high, or
it will be classified as advertising, which is prohibited
H- No person shall place, maintain, or display upon or in view of any
highway any unauthorized sign, signal, marking, or device which purports
to be or is an imitation of or resembles an office traffic control device or
railroad sign or signal, or which attempts to direct the movement of traffic
If you or the permittee would like to call to discuss this further I can be
reached at 970-350-2163.
Thanks,
Tim Bilobran
On Wed, Jan 23, 2013 at 8:49 AM, Chris Gathman <cgathman@co.weld.co.us>
wrote:
Dear Gloria and Tim,
I am processing a Special Use Permit for a package liquor store (USR12-0076)
outside of Briggsdale. You granted an access permit for this site under Permit #
412107 (11-20-2012). Based on the site plan provided with the application — a couple of the
signs are located in the Right -of -Way for State Highway 14. I am not sure when the signs were built
as I cannot find any permit information per our records but I am assuming that they have been there
for a long time.
Do you have any issues with the locations of these signs?
Thanks!
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
Confidentiality Notice: This electronic transmission and any attached documents or
other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected
from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
Tim Bilobran
CDOT Region 4 Access Manager, Utility Permits, and Outdoor Advertising
Office- (970) 350-2163
Mobile- (970) 302-4022
Fax- (970) 350-2207
Timothy.Bilobran(c)state.co.us
(PLEASE NOTE THE NEW E-MAIL ADDRESS. "DOT" IS NO LONGER REQUIRED.
PLEASE UPDATE YOUR CONTACT UST AS NEEDED)
1420 2nd Street
Greeley, CO 80631
Submit by Email
December 12, 2012
Weld County Referral
The Weld County Department of Planning Services has received the following item for review:
Applicant: Randolph & Judy Cass, c/o Steven & Chris Case Number: USR12-0076
Schultz
Please Reply By: January 09, 2013 Planner: Chris Gathman
Project: A Site Specific Development Plan and Use by Special Review Permit for the Expansion or
extension of a Nonconforming Use (conversion of a restaurant into a package liquor store) in the
A(Agricultural) Zone District.
Location: North of and adjacent to State Highway 14 and approximately 650 feet west of County Road
77.
Parcel Number 054520000007-R0567086 Legal: S2SE4 SECTION 20, T8N, R62W 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.
7
We have reviewed the request and rend 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 fetter.
Signaturei�-y�,✓,
Agency
Datej>/,+./.>':,
Weld County Planning Dept, 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
December 17, 2012
Chris Gathman
Weld County Planning Services
Transmission via email: cgathmanco.weld.co.us
Re: Use by Special Review — Randolph & Judy Cass do Steven & Chris Schultz
Case No. USR12-0076
S% SEY Sec. 20, T8N, R62W, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Gathman:
John W. Hickenlooper
Governor
Mike King
Executive Director
Dick Wolfe, P.E.
Director
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 applicant has requested a site specific development plan and use by special review permit for the
expansion/extension of a nonconforming use, described as the conversion of a restaurant into a package liquor
store, in the agricultural zone district. The subject property consists of approximately 4 acres known as Lot A of
recorded exemption RECX12-0079. There is also a single-family residence located on this lot, which will continue
to be used as a single-family residence.
The current and proposed water supply for Lot A is an existing well operated under permit no. 289676.
Well permit no. 289676 allows use of the well for drinking and sanitary purposes inside one single family dwelling
and for drinking and sanitary facilities inside an individual commercial business. The type of business is
described as a cafe on the permit for informational purposes only and does not prohibit the use of the well for
drinking and sanitary purposes inside a different type of commercial business. The estimated numbers of
employees and customers for the package liquor store are less than the numbers estimated for the caf� and
therefore the use of water for is anticipated to remain within the one acre-foot (325,900 gallons) per year
volumetric limitation.
The submitted questionnaire makes reference to the possibility of livestock being located on the property
at some time in the future, and the presence of trees and native vegetation at the site. As a reminder, the use of
water from the existing well for livestock watering, landscape irrigation, or any other outdoor use is not authorized
under well permit no. 289676.
So long as the existing well continues to be operated in accordance with the terms and conditions of well
permit no. 289676, this office has no objection to the proposal. Should you have any questions, please contact
Sarah Brucker of this office.
Sincerely,
na Williams, P.E.
Water Resource Engineer
JMWtsrb: USR12-0076
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589
www.water.state.co.us
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