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HomeMy WebLinkAbout20133244.tiffMEMORANDUM TO: Diana Aungst, Planning Services DATE: September 19, 2013 FROM: Jennifer Petrik, P.E., Public Works Department SUBJECT: USR13-0047, Kevin Contreraz A Use by Special Review permit for Personal Training Facility The Weld County Public Works 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 site is located on CR 37 Just north of HWY392. Access is from CR 37. The parcel number is 080318000022. CR 37 is a collector road and requires an 80 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The applicant shall delineate an additional 10 -foot of right-of-way parallel to the WCR 37 right-of-way for future build -out. An access permit application was submitted for two existing accesses. Per the application material there are about 20 vehicles per day that visit the site and in the future they could see as many as 50 people per day. Average number of people that visit the site at one time is 5-6. Tracking control is required to ensure mud and debris from the site does not track onto County maintained roadways. Please show the tracking control on the plat. Tracking control such as recycled asphalt, recycled concrete or gravel are typically used for sites like this. A drainage narrative was provided. Please explain where the water goes after it enters the drain. All stormwater runoff associated with the business must be captured by a water quality feature prior to running offsite. Contact Public Works drainage engineer for assistance with the water quality feature sizing. Label the water quality feature as "Water Quality Feature, No Build/Storage Area". This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). REQUIREMENTS: 1. Prior to recording the plat: A. Plat shall be amended to delineate the following: 1. County Road 37 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build -out. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. 2. Show the approved accesses on the plat and label with the approved access permit number (will be provided). C:AUsers\kfordAAppDataALocalAMicrosofl\Windows\Temporary Internet Files\Content.1E5\RR4QROCX\USRI3- 0047%20contreraz%20 personal%20train ing[1 t.docx 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. 3. Weld County is not responsible for the maintenance of onsite drainage related features. 4. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized. C:AUsers\kfordAAppDataALocalAMicrosofl\Windows\Temporary Internet Files\Content.1E5\RR4QROCX\USRI3- 0047%20contreraz%20 personal%20train ing[1 t.docx TO: FROM: SUBJECT: DATE: MEMORANDUM DIANA AUNGST, PLANNING SERVICES LAUREN LIGHT, ENVIRONMENTAL HEALTH USR13-0047 CONTRERAS SEPTEMBER 5, 2013 Environmental Health Services has reviewed this proposal 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 (personal training facility) 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. There is an existing pole barn that is utilized as the training facility. North Weld Water District provides water to the facility. The application states there are two restrooms in the training facility. There is one septic system permitted for the parcel (G19780286) which was sized for a two bedroom home. A new engineer designed septic system will be required to accommodate the business or an engineer can evaluate the existing system to determine sizing requirements. A Class V injection well permit is required for any septic system which serves 20 or more people a day. The dust abatement plan indicates that gravel and/or road base covers the business lot. A water truck will be utilized if necessary. The waste handling plan indicates there are trash cans provided which will be serviced by Ram Waste. 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 applicant intends to utilize the existing septic system at the home, for business use, the septic system shall be reviewed by a Colorado registered professional engineer. 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. Alternately, a new septic system may be installed for business use. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. (Department of Public Health and Environment) 2. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (Department of Public Health and Environment) 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, Section 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. (Department of Public Health and Environment) 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 3. Waste materials shall be handled, stored, and disposed of 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 5. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 6. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 2 7. 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. (Department of Public Health and Environment) 8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply. (Department of Public Health and Environment) 9. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as applicable. (Department of Public Health and Environment) 10. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 3 Department of Planning Services 1555 N 17th Ave Greeley, CO 80631 (970) 353-6100 Weld County Referral Date: October 1, 2013 Applicant: KEVIN & CHRISTINA CONTRERAS 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 (personal training facility) 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. Case Number: USR13-0047 Parcel Number: 080318000022-R1259286 After reviewing the application and documents submitted the Building Department has the following comments: The structure was built under permit BCR10-01035 for a personal garage . Building and electrical permits will be required for the change of use alteration, or addition to any building on the property per Section 29-3-10 of the Weld County Code. Currently the following codes cycles has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011 National Electrical Code. A code analysis, floor plan and a As -Built Certification completed by a Electrical Contractor Plumbing Contractor and a Mechanical Contractor shall be submitted with the Building Permit application. www.co.weld.co.us/Building Inspection/Commercial Permits Frank Piacentino Department of Building Inspection MEMORANDUM To: Diana Aungst, Planner September 6, 2013 From: Bethany Salzman, Zoning Compliance Officer Subject: USR13-0047 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV13-00091) was noted. This violation was initiated due to the operation of a commercial gymnasium 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 commercial operations shall be removed from the property within 30 (thirty) days of denial or the violation will proceed in court accordingly. SG RV ICL ItAMWORK, IN ILGNI IY QUALI I'V Hello