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HomeMy WebLinkAbout20130137.tiffMEMORANDUM TO: Chris Gathman, Planning Services DATE: October 30, 2012 FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: USR12-0068, Richard Van Proosdy A Use by Special Review permit for saddle and tack sales. 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: The City of Longmont has jurisdiction over CR 1. Access and right-of-way requirements will be determined by the City. Traffic proposed is very minor (0-5 customers per day and 2 employees). The access and buildings are all existing. Each parking space shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles, walls, fences or plantings. There is no outdoor storage of materials proposed therefore; a water quality area is not required. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). REQUIREMENTS: 1. Parking spaces shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles, walls, fences or plantings. 2. Add the following notes to the plat: a. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. b. 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. C:\Urs\kford\AppData\Local\Microsoft \Wi ndows\Tanporary Internet Fi I es\Low\Content.I E5\25F591 K W\USR12-0068[1].docx MEMORANDUM TO: Chris Gathman, Planning Services FROM: Lauren Light, Environmental Health SUBJECT: USR12-0068 Van Proosdy DATE: 1/8/2013 Environmental Health Services has reviewed this proposal for a Home Business (saddle, bridle and leather goods sales) in the A (Agricultural) Zone District. The application indicates there are no employees other than the two owners. However, there could be up to 5 customers that come to the site daily. Potable water is provided by the City of Longmont. There is a septic system for the house that was permitted as a statement of existing in 2009 (SE -0900023). There is also an unpermitted 1250 gallon vault that serves the existing business. A vault is allowed on properties which cannot accommodate a sewage treatment system. The applicant did submit a letter from an Engineer that states gravity flow from the vault to the existing septic system cannot be achieved. However, the individual sewage disposal system regulations allow the installation of a lift station when gravity flow cannot be accomplished. 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 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 Policy: Portable toilets are 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. As indicated above, it is the policy of this department that portable toilets are allowed for 10 or less customers or visitors per day. As there are less than 10 customers per day, in accordance with Environmental Health Services policy the use of portable toilets is allowed. The waste handling plan indicates One Way, Inc. provides trash pickup on a weekly basis. The dust abatement plan states water will be utilized if necessary. 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 incorporated into the permit as a condition that must be met prior to recording the plat: 1. The existing vault shall be permitted and installed according to the Weld County Individual Sewage Disposal Regulations and connected to an appropriately permitted individual sewage disposal system sized for the business. Alternatively, the existing vault shall be properly abandoned. 2. 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 2 system and a technical review describing the systems 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. 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. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 7. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For 10 or less customers or visitors per day and 2 or less full time (40 hour week) employees, portable toilets 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. 8. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 3 at WI`Dc COLORADO MEMORANDUM To: Chris Gathman, Planner January 8, 2013 From: Bethany Salzman, Zoning Compliance Officer Subject: USR12-0068 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV12-00116) was noted. This violation was initiated due to the operation of a saddle and tack 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. This application if approved by the Board of County Commissioners and once a plat is recorded will correct the violation. If this application is denied, the saddle and tack store shall be removed from the property within 30 (thirty) days of denial or the violation will proceed in court accordingly. SERVICE, TEAMWORK, INTEGRITY, QUALITY Hello