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HomeMy WebLinkAbout20083257.tiff isgotri MEMORANDUM • Wi tp • TO: Michelle Martin, Planner COLORADO DATE: June 2, 2008 FROM: Kim Ogle, Planning Manager SUBJECT: USR-1658, for a Commercial Business Michael V. Aberle, Applicants Landscape Referral The Department of Planning Services reviewed the above referenced Use by Special Review documentation and drawings and offers the following comments: The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. In addition to these requirements, the plat scale shall be 1" = 40 feet. The Vicinity Map scale of 1" = 2000 feet scale accurately be delineated on the Pitt. This application shall be in compliance with Section 23-3-250 A. and B and is address in the following comments. Section 23-3-250.A.1 Stormwater Management. The applicant shall contact the Storm Water Engineering Staff ofthe Weld County Department of Public Works, to further discuss this issue. Written evidence of • compliance shall be submitted to the Department of Planning Services. Section 23-3-250.A.2 Parking. Sufficient screened, off-street, paved parking areas shall be provided to meet the requirements of employees, company vehicles, visitors and customers of the Uses Allowed by Right and Accessory Uses. Appendix 23-A describes the design requirements for parking spaces and Appendix 23-B delineates the number of parking spaces required byuse for this property. The proposed facility is comprised of three structures of unknown dimension that are associated with this commercial facility. For the purposes of this referral staff has taken the position for full buildout of the property, i.e, 12 persons using the property to accessthe facility for the purpose of manufacture and loading and unloading materials The parking requirement for this facility is as follows: Thefacility has a single shared point of ingress and egress. The twelve employees who utilize the service yard shall each be afforded one parking space. There shall also be one dedicated location for the truck to load and unload materials associated with delivery of materials to the facility. Should the employee numbers increase, the parking requirement shall be structured according to Appendix 23-B of the County Code. Written evidence of compliance shall be submitted to the Department of Planning Services. EXHIBIT • michael v.Aberle- tA.sw-6sa,page i 2008-3257 Section 23-3-250.A.3 Street Access. Lots shall have safe access to ai approved public or private street. The design • designation of any street or highway as to type shall be in conformance with that shown on the county thoroughfare plan and/or the master plan of the affected municipality. Visual inspection of the USR Plat identifies one point of ingress and egress, onto County Road 4. The internal circulation is clear. Written evidence of compliance from the Department of Public Works, the Fire Protection District and associated emergency responder personnel shall be subnitted to the Department of Planning Services. Section 23-3-250.A.4 Required Yards- Setback No use or accessory use may be located closer than twenty (20) feet to the existing or proposed (whichever represents the greater right-of-way width) highway or street right-of-way. Off-street parking areas may be permitted in the required setback area when the area is screened from direct view of persons on the public rights-of-way. Fences over six (6) feet in height are not required to comply with the minirrum setback and may be located on the property line. Fences located on corner lots abutting public right-of-way shall not obstruct the view of vehicular traffic at an intersection. There was not a scaled elevational drawing of the proposed facility, therdore, prior to the release of building permits, the set back shall be verified given the existing proposed site conditions, specifically addressing the landscape and screening component Written evidence of compliance shall be submitted to the Department d Planning Services. Section 23-3-250.A.4 Required Yards- Offset No use or accessory use may be located closer than ten (10) feet to its lot line. Offstreet parking areas may be permitted in the required offset area when the area is screened from adjaent lots zoned R-1, R-2, R-3, R-4 or R-5. Fences over six (6) feet in height are not required to comply • with the minimum Offset and may be located on the property line. The plans submitted with the application materials have not delineated the offset. Written evidence of compliance shall be submitted to the Department of Planning Services. Section 23-3-250.A.5.A Required Landscaped Areas The site has a mature landscape component in place. Additional landscape treatment is not required, except to address the issue of outside storage. Section 23-3-250.A.5.B That portion of a lot which abuts a public or private street rightof-way shall be landscaped for a distance of ten (10) feet, measured at a right angle from the lot line towards the interior othe lot. Driveways may pass throughthe required landscaped areas. Additional information is required prior to accepting the plat for recording. Written evidence of compliance shall be submitted to the Department of Planning Services. Section 23-3-250.A.6 Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal-scattered trash. The application materials did not identifythe location of the dumpster on the plat. Future submittals shall address this issue as outlined in this Section of the Code. Written evidence of compliance shall be submitted to the Department of Planning Services. • MLchaeL v.Aberle- N.sRc&52,page 2 Section 23-3-250.A.7 • Water Supply. Uses shall have an adequate source of potable water. The application materials state that water is provided for the employees with bottled water. The existing water tap, permit number 241019 issued by the State Engineers office will not be reclassified as required per the application matrerials. The applicant shall meet the requirements of the Weld County Department of Public Health and Environment at all times. Written evidence of compliance shall be submitted to the Department of Planning Services. Section 23-3-250.A.8 Sewage Disposal. Uses shall have adequate sewage disposal facilities. The application materials state that individual sewage disposal systems (ISDS) will handle the effluent flow. Further, the applicant shall meet the requirementsof the Weld County Department of Public Health and Environment. Written evidence of compliance shall be submitted to the Department of Planning Services. Section 23-3-250.A.9 Outside Storage. Uses involving outdoor storage of vehicles, (including theparking of employee vehicles) equipment or materials when permitted shall be screened from public rightsof-way and all adjacent properties. The applicant shall submit documentation as to how the outside storage will be screened. Section 23-3-350.B. Operation Standards. Uses shall demonstrate conformance with the following operation standards to the extent that they are affected by location, layout and design prior to construction and operation. • Section 23-3-350.6.1 Noise. Uses and structures shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101 C.R.S. The applicant shall meet the established standards set by the Weld County Department of Public Health and Environment. Section 23-3-250.B-2 Air Quality. Uses shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission. The applicant shall meet the established standards set by the Weld County Department ofPublic Health and Environment. Section 23-2-250.B.3 Water Quality. Uses shall be located, designed and operated in accordance with the water quality control standards established by the Colorado Water Quality Control Commission. Section 23-2-250.6.4 Radiation and Radioactive Materials. The handling, use, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government The application materials do not indicate this is gplicable, should this not be the case, the applicant shall provide additional information to the Weld County Department of Public Health and Environment. Section 23-2-250.B.5 • MLchaeL v.AberLe- i.tsiu058,pane 3 • • Heat. Uses shall not emit heat in such an amount sufficient to raise the tempeature of the air or of materials at or beyond the Lot line more than five (5) degrees Fahrenheit. The application • materials do not indicate this is applicable, should this not be the case, the applicant shall provide additional information to the Weld County Department of Public Health and Environment and the Department of Building Inspection. Further, the applicant shall obtain a written approval from the jurisdictional Fire Protection District stating that the facility is in compliance with the Fire Cede. Section 23-2-250.B.6 Light. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights m; be used which may be confused with or construed as traffic control devices. The application materials did not include a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the USR Plat. Section 23-2-250.6.7 Property Maintenance. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious weeds. The application materials do not address property maintenance. Future correspondence shall identify how the property will be in compliance with this Section of the County Code. Section 23-4-50. Off Street Loading. The applicant shall delineate on the plat the locationof the loading zone that • is in compliance with this Section of the Code. There shall be parking or staging of vehicles within the public rights-of way. Further, the applicant shall meet all requirements of the Department of Public Works concerning access and internal circulation of vehicles for this proposed facility. Section 23-4-90 Signs. The application materials did not address the issue of on-site signs. The applicant shall provide written evidence that all proposed signs are in compliance with his section of the Code. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non-transportation (plant materials, fencing, screening, et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. End Memorandum. • MCctiaeL v.Aber[e— usiu6sg,page 4 • • • 1o6i Colo DEPARTMENT OF NATURAL RESOURCES= -% ota DIVISION OF WATER RESOURCES *\ weld *� * Onu H plan Bill Ritter,Jr. * 1876 * SOUr//wESr BUl��P�nlenf Governor JUN Harris D.Sherman JUN O Executive Director -A 5 2008 Dick Wolfe,P.E. June 3, 4 ' CEIV Director Michelle Martin . ` V ED Weld County Planning Dept. 4209 CR 24.5 Longmont, CO 80504 Re; USR-1658 —A site specific development and 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 Dear Ms. Martin: 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 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide 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 the physical availability of water. Please refer to our letter to Mike Aberle dated April 1, 2008, which was included with the referral information. Should you have any questions in this matter, please contact me at 303-866- 3581. Sincerely, Joa a Williams W- -r Resource Engineer • 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 • • rs ct, 0 • Weld County Referral W11Dc. May 28, 2008 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Michael Aberle Case Number USR-1658 Please Reply By June 28, 2008 Planner Michelle Martin Project A Site Specific Development Plan and 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, (Construction Business) in the A (Agricultural) Zone District.. Legal Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all in Ti N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 4 and east of State Highway 85. • Parcel Number 1471 31 000098 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. You will be notified in writing of the Planning Commission date once the date is determined. O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because liWe have reviewed the request and find no conflicts with our interests. See attached letter. Comments: P\WY, /\f11 1A:IFY'tQ3 en inno - Signature Date jqtaiDR Agency 7 CANNA pth a-2- • +Weld County Planning Dept. +4209 CR 24.5.Longmont,CO.80504 ❖(720)652-4210 ext.8730 4(720)652-4211 fax (it; MEMORANDUM • COLORADO To: Michelle Martin, Planner June 2, 2008 From: Bethany Salzman, Zoning Compliance Officer II Subject: USR-1658 Referral t U" Upon review of my case files and computer, an active Zoning Violation(ZCV08-00020)was noted. This violation was initiated due to the operation of a commercial tree trimming operation and associated commercial storage without first obtaining the necessary Weld County Zoning Permits. This case has not been presented to the Board of County Commissioners through the Violation Hearing process. This application if approved by the Board of County Commissioners will correct the violation. If this application is denied, please ask the Board of County Commissioners to refer this case to the County Attorney's Office, but to delay legal action for 30 (thirty) days in order to give them adequate time to ensure that all storage, operations and advertisements have been removed from the property. S • SERVICE.TEAMWORK INTEGRITY.QUALITY • • re°� Weld County Referral Cie 2008 28, May L. JUN - 2 2008 COLORADO1 C COUNTY r n1, - The Weld County Department of Planning Services has received the following item for review: Applicant Michael Aberle Case Number USR-1658 Please Reply By June 28, 2008 Planner Michelle Martin Project A Site Specific Development Plan and 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, (Construction Business) in the A (Agricultural)Zone District.. Legal Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all in Ti N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 4 and east of State Highway 85. • Parcel Number 1471 31 000098 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because ❑ We have reviewed the request and find no conflicts with our interests. ,filIT attached letter. Comments: • Signature J Cw Date 6 — L - 0.8 Agency ptA) , • +Weld County Planning Dept. +4209 CR 24.5,Longmont,CO.80504 +(720)652-4210 ext.8730 +(720)652-4211 fax Weld County Planning Departmi • • GREELEY OFFICE JUN (, 7008 MEMORANDUM RECEIVED TO: Michelle Martin, Planning Services DATE: 6/6/2008 CFROM: Donald Carroll, Engineering Administrator / • COLORADO SUBJECT: USR-1658, Michael Aberle The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 4 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. ADT: Our most recent average daily traffic count reflects 885 vehicles taken 9/20/2007 on the WCR 4 • between WCRs 27 and 31. REQUIREMENTS: Access: Utilize the existing access to the residence/construction business. The driveway/circulation through out the USR shall be a graded and drained road to provide an all- weather access. Off-Street Parking: The applicant has identified off-street parking for proposed vehicles and trailer storage. Utilize these locations as identified on the plat drawing. Storm Water Drainage: The applicant has provided a storm water drainage report which has been reviewed and the Weld County Public Works Department finds this acceptable for the facility. pc: USR- 1658 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1658.DOC • • • a MEMORANDUM 61cric TO: MICHELLE MARTIN, PLANNING SERVICES FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH 4 ISUBJECT:USR-1658 MICHAEL ABERLE DATE: 06/6/2008 COLORADO Environmental Health Services has reviewed this proposal for parking of vehicles and storage of materials for a construction company. The site is served by a domestic well (permit - 241019) and an individual sewage disposal system (permit - G-760131). The application indicates there are no employees; however up to 10 subcontractors come to the site on an intermittent basis. The application stipulates that bottled water will be available for drinking and the residence on site will be available for restroom purposes. As this is not a seasonal use, a permanent, adequate water supply is required. The Division of Water Resources sent a letter, dated April 1, 2008, that the current well cannot be used for the business. The well will need to be re-permitted to allow the use of the residence for drinking water and restroom facilities. The existing septic will require an evaluation by a registered engineer for the increased use or a new septic • system can be installed for the shop. 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. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 2. 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). 3. In the event washing of vehicle will occur on site the applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas should be designated on the plat. 4. In the event the applicant intends to utilize the existing septic system at the home, for employee 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. Alternately, the applicant can install a new septic system for subcontractors' use which shall be installed according to the Weld County Individual Sewage Disposal Regulations. 5. The applicant shall submit evidence to the Department of Planning Services and the Environmental Health Department, from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the • business. 6. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (New EPA rule effective 4/5/2000). 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". 5. The facility shall be operated in accordance with the approved "dust abatement plan" at all times. 6. Any vehicle washing area(s) shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. 8. Adequate handwashing and toilet facilities shall be provided for subcontractors and patrons of the facility, at all times. 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.A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 11.The operation shall comply with all applicable rules and regulations of the 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 while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. commercial use only, etc. Also, 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 • res Weld County Referral ' May 28, 2008 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Michael Aberle Case Number USR-1658 Please Reply By June 28, 2008 Planner Michelle Martin Project A Site Specific Development Plan and 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, (Construction Business) in the A (Agricultural)Zone District.. Legal Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all in Ti N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 4 and east of State Highway 85. Parcel Number 1471 31 000098 • 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because ❑ We have reviewed the request and find no conflicts with our interests. 7 See attached letter. Comments: Signature �d ( Date V/O-, Agency cei.t.cL&.2 • +Weld County Planning Dept. ❖4209 CR 24.5, Longmont,CO.80504 ❖(720)652-4210 ext.8730 +(720)652-4211 fax DEPARTMENT OF PLANNINSERVICES 0 rs BUILDING INSPECTION NORTH OFFICE 918 10`" GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 FAX(970)304-6498 W IlDFAX(970)304-6498 CSOUTH ST OFFICE 4209 24.5 LONGMONT CO 80504 COLORADO PHONE (720)652-4210 ext. 8730 FAX(720)-65-4210 June 17, 2008 Applicant: Michael Aberle Site Specific Development Plan and Special Review Permit for a Construction USR-1658 Description: Roofing Business There are no historical building permits attached to this parcels. 1. A building permit shall be obtained prior to the change of use of any or construction of any new structures. Owner proposes to use existing buildings for office and storage spaces, a permit is required for change of use for these structures . 2. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements by Chapter 10. 3. Buildings 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: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. 4. All building plans shall be submitted to Brighton Fire District for review and approval prior to issue of Building Permits, Please contact me for any further information regarding this project. Sin ly, Fiah lace Uri() • Plans Examiner Hello