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HomeMy WebLinkAbout20132515.tiffMEMORANDUM TO: Tiffane Johnson, Planning Services DATE: June 7, 2013 FROM: Jennifer Petrik, P.E., Public Works Department SUBJECT: USR13-0027, Louise Goldsby A Use by Special Review permit for storage of construction equipment. 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: CR 22 is an arterial road, which requires a 140 -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 40 -foot of right-of-way parallel to the WCR 22 right-of-way for full build -out. An access permit has been submitted, however an old format appears to have been used. Please fill out the most up to date access permit application which can be found on the Public Works website: http://www.co.weld.co.us/assets/A9b3310bAAaBdB9D1d95.pdf . Fee and photos are not required as the access is existing. Contact Traffic Engineer, Janet Carter at 970-304-6496x3726 with questions. The traffic information provided with the submittal states that there will be two employees arriving at the site to pick up vehicles at the beginning of the day and then dropping off the vehicles at the end of the day. Tracking control is required to prevent tracking from the site onto the County Roadway. The application indicates that the onsite recycled asphalt and road base will be utilized to create an all weather surface. The application indicated a water quality feature has been installed at the low end of the drive/parking area. The 12'x60'x2' feature is an acceptable design. 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 22 is designated on the Weld County Road Classification Plan as an arterial roadway, which requires 140 feet of right-of-way at full build out. The applicant shall verify the existing 60 feet of right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the existing right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. C:AUsers\kfordAAppDataALocalAMicrosofl\Windows\Temporary Internet FilesVContent.lE5\RR4QROCXVUSR13- 0027%20Goldsby%20construction%20equipment%20storage[1 t.docx 2. Show the approved access on the Plat and label with the approved access permit number (will be provided). 3. Show and label the tracking control. 4. Delineate the water quality feature(s) on the plat and label as "Water Quality Feature, No Build/Storage Area". 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. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete, recycled asphalt or recycled concrete and shall be graded to prevent drainage problems. 3. The historical flow patterns and runoff 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. 4. The applicant must take into consideration storm water quality and provide accordingly for best management practices. 5. Weld County will not maintain on -site drainage related areas or medians. This must be addressed by the homeowner's association or owner. 6. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized. C:AUsers\kfordAAppDataALocalAMicrosofl\Windows\Temporary Internet FilesVContent.lE5\RR4QROCXVUSR13- 0027%20Goldsby%20construction%20equipment%20storage[1 t.docx MEMORANDUM TO: Tiffane Johnson, Planning Services FROM: Lauren Light, Environmental Health SUBJECT: USR13-0027 Goldsby DATE: 9/3/2013 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 a use by special review in the commercial or industrial zone districts, (utility installation/ excavation services and storage of related construction materials) in the A (Agricultural) zone district. There is an existing individual well which is permitted for "ordinary household purposes inside 2 single family dwellings, the watering of domestic animals and the irrigation of not more than 33,400 square feet of home gardens and lawns". The application indicates that the septic system in the home will be utilized. However, as the well permit allows for domestic use only, which would require repermitting the well to utilize the existing restroom in the house, the applicant sent an email dated April 18, 2013 stating that a portable toilet will be provided. The application indicates there will be 4 employees, two drivers and two part time employees. The following section is from Environmental Health Services, Weld County Department of Public Health & Environment, Septic Policies. 2.2.K Use of portable toilets and bottled water (revised 5/8/12) Purpose: To define when portable toilets and commercially bottled water are allowed. Policy: Bottled water and portable toilets from a commercial source is allowed in the following circumstances: 1. Temporary or seasonal uses that are utilized 6 months or less per year (for example recreational facilities, firework stands, farmers markets ) 2. Gravel mines 3. 10 or less customers or visitors per day and/or one of the following: 4. 2 or less full time (40 hour week) employees located on site 5. 4 or less part time (20 hour week) employees located on site 6. employees or contractors that are on site for less than 2 consecutive hours a day Note: 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. The waste handling plan indicates there is a trash can for drivers to use and the waste is disposed of at construction sites. As there is trash disposal associated with the existing residence we would request a revised plan that stipulates business waste will be disposed of via a disposal company that comes to the applicant's location. Minor vehicle maintenance will be done onsite such as tire changes and adding oil. The applicants indicate that tires will be taken to the job site for disposal which is not acceptable. The waste plan shall indicate the company that will be utilized for disposal of tires. No oil changes or washing of vehicles will occur on the property. Fuel and chemicals will not be stored on the property. The dust abatement plan states the parking area will be constructed of road base and recycled asphalt. 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 waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) 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 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 2 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. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day and there are 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. 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. 8. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 3 MEMORANDUM IRk. COLORADO To: Tiffane Johnson, Planner May 3, 2013 From: Bethany Salzman, Zoning Compliance Officer Subject: USR13-0027 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV12-00221) was noted. This violation was initiated due to the repeated operation of a commercial trucking business without first completing the necessary Weld County Zoning Permits. This case has been presented to the Weld County Court Magistrate through the Violation Hearing process and is currently under a court ordered Stipulated Agreement; therefore, an 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 application if approved by the Board of County Commissioners will correct the violation. If this application is denied, all but 1 (one) Commercial Vehicle shall be removed from the property within 30 (thirty) days of denial or the violation will proceed in court accordingly. Additional History: This property was also in violation in 2008 (ZCV08-00409) also for the operation of a commercial business and storage of commercial vehicles and/or equipment without first obtaining a Use by Special Review (USR) permit. The property owner removed the commercial storage and the violation closed. SG RV ICL ItAMWORK, IN ILGNI IY QUALI I'V Hello