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HomeMy WebLinkAbout20131801.tiffMEMORANDUM TO: Chris Gathman, Planning Services DATE: April 23, 2013 FROM: Jennifer Petrik P.E., Engineering Public Works Department SUBJECT: USR13-0015, Jolene Johns A Use by Special Review (USR) permit for recreational facilities and uses (shooting range). 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. All issues of concern and critical issues during further review must be resolved with the Public Works Department. COMMENTS: This project is located on parcel 146916100009 southwest of CR10 and CR19. Access is from CR10. Average Daily Traffic in 2012 was reported as 93 on CR 10. The application states that approximately 20 vehicles/day will visit the site and will be traveling from CR19. CR19 is a collector roadway. CR 10 is a local gravel road and requires a 60 -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. Show the existing access points on the Plat and label it with the Access Permit number (will be provided). The applicant shall be responsible for providing a water quality feature that conforms to the methodology outlined in Volume 3, Section 3.3.0 of the Urban Storm Drainage Criteria manual. The web site address is as follows http://www.udfcd.orq. The application materials indicate the entire site drains to an existing privately owned pond. Please label the pond as a water quality feature and label the minimum required water quality volume. Please contact Public Works for additional information on this requirement. The parking area and access shall be graded and well drained to provide an all-weather surface to the site. Recycled asphalt/concrete or well maintained gravel may be used for tracking control. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). REQUIREMENTS: 1. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. 2. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of construction. The grading permit application must contain: an erosion and sediment control plan, a grading plan, installation details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE stormwater permit. C:AUsers\kfordAAppDataALocalATempALow\Temporary Internet FilesVContent.IE5\LNW26GYZVUSR13-0015 Johns [11. dOCX Show on the Map: 1. County Road 10 is designated on the Weld County Road Classification Plan as a local gravel roadway, which requires 60 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. 2. Show the existing access point on the Plat and label it with the Access Permit number (will be provided). 3. Label the access and driving surface as a well drainage all weather surface constructed of well maintained gravel, recycled asphalt/concrete or equivalent. 4. Delineate the water quality feature on the plat and label as "No Build/Storage Area". Label the volume of the water quality feature on the plat. Add the following notes on the map: 1. Off-street parking spaces including the access drive shall be surfaced with gravel, recycled asphalt/concrete or the equivalent and shall be graded to prevent drainage problems. 2. 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. 3. 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. 4. Weld County is not responsible for the maintenance of drainage related features. This must be addressed by the owner. 5. The applicant must take into consideration storm water quailty and provide accordingly for best management practices. 6. 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. C:AUsers\kfordAAppDataALocalATempALow\Temporary Internet FilesVContent.IE5\LNW26GYZVUSR13-0015 Johns [11. dOCX TO: FROM: SUBJECT: DATE: MEMORANDUM Chris Gathman, Planning Services Lauren Light, Environmental Health USR13-001 5 April 23, 2013 Environmental Health Services has reviewed this proposal for recreational facilities and uses (shooting range) in the A (Agricultural) Zone District. There is an existing residence and shop located on the property. An office and display cases for retail sales and service will be located in the shop. The application states there will be one to two employees and additional employees will be added as the business expands. The shooting range will be utilized by up to 20 people per day. Water to the facility is provided by an individual well (permit 214568). The well is not permitted for a commercial business. Sewage disposal is provided by an individual sewage disposal system (permit SP - 9800563). The existing septic system is sized for a 5 bedroom house which is equivalent to 10 people. The septic system is also connected to the shop. The application states that portable toilets will be utilized for the business. According to Environmental Health policy, portable toilets and bottled water are allowed in the following situations: 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: Portable toilets and bottled water from a commercial source 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 As there will be more than 10 customers per day and this is not a seasonal use; permanent water and sewer is required. The applicant submitted a dust abatement plan which indicates that drive and parking areas will consist of recycled asphalt and concrete. The lead abatement plan states that copper and lead will be picked up on a weekly basis and stored in barrels which will be taken to a recycling facility. The shooting range will have an 8 foot to 10 foot berm to control noise. The maximum permissible noise level will be restricted to the decibel level allowed in the Industrial Zone which is 80 db from 7a.m. to 9 p.m. and 75 db from 9 p.m. to 7 a.m. The Industrial decibel level has been consistently applied to other shooting ranges in the County. The waste handling plan states that a dumpster will be provided for refuse and will be serviced by Waste Management. 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 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. Alternatively: 2. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2 3. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the commercial use. 4. 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. 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 level allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. 6. Adequate drinking, hand washing and toilet facilities shall be provided for employees of the facility, at all times. 7. 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). If not subject to these requirements, the Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 3 8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 9. 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. 10.Any targets used shall be considered non-toxic. 11.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 4 Department of Planning Services 1555 N 17`h Ave Greeley, CO 80631 (970) 353-6100 May 14, 2013 Building Department Review Comments USR13-0015 Parcel: Dear Sir/Madam, The Weld County Building Department has the following comments in regards to the proposed use: The new construction of the club house will require a commercial building permit. On the back of this permit you will find the necessary items that must be submitted with the application. The submittal must be complete with all the documents before it can be accepted. In addition this building will require the following. Engineered drawings for all structural work and architectural drawings that show the floor plan, elevations, ect. Also, a life safety plan showing occupancy and building type, egress routes, emergency lights/exist, frontages, and travel distance must be submitted. A ComCheck for the building envelope, mechanical, and electrical must be submitted showing that the building will comply with the 2006 International Energy Code. Bathroom plans with details must be submitted to show accessibility. Also an overall accessibility plan must be submitted to show paths and parking. If the existing building is to be used in any way an "As Built Agreement" will be required. The building must comply with the requirements set forth by the Fire District. A letter of notification that they have received the drawings are they are ok with the release of the building permit must be submitted to our office with the application. Currently we are under the 2006 IECC, 2011 NEC and the 2012 IBC, IRC, IFGC, IMC and IPC. For further information or comments please contact the Weld County Building Department. Sincerely, Jonathan Gesick Plans Examiner and Building Inspector 970-353-6100 x-3532 April 5, 2013 Weld County Department of Planning Attn. - Chris Gathman 1555 N 171h Avenue Greeley, CO 80631 RE: USR 13-0015 The City of Dacono has reviewed the referral notice for USR 13-0015 and finds the use is inconsistent with the City's Comprehensive Plan. The subject property is located within the City's long range planning area designated as "Residential —Low Density". This district provides for large -lot single-family development in areas with rural characteristics on the outskirts of the planning area. Sincerely, Jennifer Krieger, AICP Community Development Director 512 Cherry Street / PO Box 186 /Dacono, CO 80514 / rel: 303.833.2317 / Fax: 303.833.5528 /www.c1dacono.ro.us From: Jennifer Krieger To: Chris Gathman Subject: RE: Form Returned: Referral Sheet- USR 13-0015.pdf Date: Monday, April 08, 2013 10:12:23 AM The use is inconsistent with the City's Comp Plan, but it is highly unlikely anyone from the City will attend public hearings to object. From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Monday, April 08, 2013 10:10 AM To: Jennifer Krieger Subject: FW: Form Returned: Referral Sheet- USR 13-0015.pdf Dear Jennifer, I was just confirming that the following statement from Lynn Johns is correct. Does Dacono not oppose (or have no concerns) this application? I want to be clear in the record as to Dacono's position on this project. Thanks, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 20631 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. From: J & L Pipeline [mailto:jloioelinenaol.com] Sent: Monday, April 08, 2013 9:52 AM To: Chris Gathman Subject: Re: Form Returned: Referral Sheet- USR 13-0015.pdf Good Morning Chris, I just had a meeting with Ms Krieger concerning our permit. She stated no one with the city opposes our plans, she had a obligation to state we were in their planning area .Jennifer also said they my change their comprehensive plan, due to the oil and gas operations in the up coming planing meeting. Thanks, Lynn Original Message From: Chris Gathman <cgathrnan@co weld.co.us> To: J & L Pipeline <)Iplpellne@aol.com> Sent: Fri, Apr 5, 2013 9:36 am Subject: FW: Form Returned: Referral Sheet- USR 13-0015.pdf Here is the referral response from the Town of Dacono. Note that it indicates that they consider your proposed use "inconsistent" with their comprehensive plan. Chris Gathman Planner III Meld 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. Original Message From: Jennifer Krieger [..•:.:. Sent: Friday, April 05, 2013 9:00 AN To: Chris Gathman Subject: Form Returned: Referral Sheet- USR 13-0015.pdf Please see attached. Jennifer Krieger Submit by Email Weld County Referral March 27, 2013 The Weld County Department of Planning Services has received the following item for review: Applicant: JOLENE & H. L. JOHNS Case Number: USR13-0015 Please Reply By: April 24, 2013 Planner: Chris Gathman Project: A Site Specific Development Plan and Use by Special Review Permit for Recreational facilities and uses (shooting range) in the A (Agricultural) Zone District. Location: South of and adjacent to CR 10 and approximately 750 feet west of CR 19. Parcel Number: 146916100009-R4361506 Legal: PT N2NE4 SECTION 16, T1N, R67W LOT B REC EXEMPT RE -4012 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. B We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: Request is not in the Town of Frederick planning area; no objections We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Chris Kennedy Town of Frederick Date April 4, 2013 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax FORT LUPTON FIRE PROTECTION DISTRICT PLAN REVIEW REPORT and PERMIT Plans submitted to FLFPD are reviewed for compliance with the fire code as adopted and/or amended. This report is intended to provide the submitter with the status of plan approval, and any comments that may require further information, verification or action for approval of plans. All plans may be subject to field inspection and/or testing for final approval prior to sign off on a Certificate of Occupancy or Certificate of Inspection. The approval of plans constitutes a permit to commence work where required by the fire code, and is subject to the conditions as may be noted in the comment section below. Project: Address: 8690 WCR 10 Plan Description: Outdoor Shooting Range Submitted by: Chris Gathman Submitter Phone #: 1-970-353-6100 Submitter email: cgathman@co.weld.co.us Permit #: USR13-0015 Submittal Date: 3-27-2013 Approval Status: Approved with comments Reviewed by: Greg McGinn Date: 5-1-2013 Comments: 1. The address must be placed on the business and in a position that is clearly visible from the street fronting the business. Address numbers need to be a minimum of 4 inches high, have a 3/4 inch stoke, and they need to be on a contrasting backboard. 2. Fire extinguishers must be located inside all occupied buildings. Travel distance to an extinguisher in the business office cannot exceed 75'. Extinguisher size and type need to meet the requirements of Section 906 of the IFC, and NFPA 10. 3. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus. All fire apparatus access roads must have a surface to provide all- weather driving capabilities. The fire department will need to have full access to the grounds and building. 4. The Fort Lupton Fire Protection District MUST be informed if explosives/ammunition will be stored on site. 5. The Fort Lupton Fire Protection District MUST be informed if any special operations will be conducted now or in the future such as a reloading operation. 6. Fort Lupton Fire Protection District must be notified by the occupant to schedule a fire safety inspection of the business prior to starting operation. DEPARTMENT OF NATURAL RESOURCES *) DIVISION OF WATER RESOURCES *i. April 26, 2013 Chris Gathman Weld County Planning Department Transmission via email: cgathman(o�weldgov.com Re: J&L Shooting Center, Johns Family Case No. USR13-0015 Part of the N1/2 of the NE1/4 of Section 16, T1N, R67W, 6th P.M. Water Division 1, Water District 2 Dear Mr. Gathman: John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe. P.E. Director The submitted material does not appear to qualify as a "subdivision" as defined in § 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 comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The application is a use by special review for a shooting range. The applicant's plans are to begin with an outdoor shooting range, and if successful, construct an indoor shooting range. The proposed water supply is an existing well with permit no. 214568. The well was permitted in 1998 pursuant to C.R.S. 37-92- 602(3)(b)(II)(A) for a tract of land of 46 acres. The permitted uses include: ordinary household purposes inside not more than three single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one acre of home gardens and lawns. The well was constructed in the nontributary Laramie -Fox Hills aquifer. The parcel on which the well is located is now 42 acres. Per the application, since there is an office with a bathroom, the proposed uses and the size of the parcel are not consistent with the current permit. Therefore, we recommend the applicant re -permit the well for the proposed uses including domestic and commercial. The ability of the applicant to obtain a new well permit will be determined at the time well permit application is received by this office. However, as the well is completed in a non -tributary formation, we expect that there will be adequate water available for the proposed uses. This office has no objection to the special use permit as long as the applicant obtains a new well permit for the proposed uses. If you or the applicants have any questions in this matter please contact Tracy Kosloff of this office. Sincerely, / Joanna Willi fns, P.E. Water Resources Engineer cc: Well permit no. 214568 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 Hello