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HomeMy WebLinkAbout20210102.tiffMEMORANDUM TO: Angela Snyder, Planning Services FROM: Zackery Roberson, Public Works DATE: October 12, 2020 Revised 12/02/20 SUBJECT: USR20-0028 SHOEMAKER LONNIE The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site Specific Development Plan and Use by Special Review for outdoor storage of public utility -related equipment and uses (public utility support and service) similar to the uses listed (oil and gas support and service) as permitted as long as the use complies with the general intent of the Zone District in the A (Agricultural) Zone District. This project is north of CR 20 and is east of and adjacent to CR 23. Parcel number 131113300022. Access is from CR 23, which as been annexed by the City of Fort Lupton. ACCESS Weld County Public Works has reviewed the application materials related to access. Access for this property is approximately 0.4 miles north of CR 20 on CR 23. County Road 23 has recently been annexed by the City of Fort Lupton. The applicant will need to provide a Fort Lupton access permit or some form of written consent from the City of Fort Lupton that they agree with the access point for the proposed USR and residential property. ROADS AND RIGHTS -OF -WAY County Road 23 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC The traffic information submitted with the application materials indicated that there will be approximately 90 daily roundtrips. 30% of the traffic will be going to the north and 70% of the traffic will be going to the south. No upgrades were recommended by the traffic analysis. ROAD MAINTENANCE AGREEMENT Due to additional commercial traffic on a county -maintained CR 23. Public Works is requesting a road maintenance agreement for the portion of the road from the applicant's property to US -85 of the county maintained section of County road 23. Public Works is requesting a Road Maintenance Agreement including, but not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/U SR-SPR-Permits%201mprovements%20Agreement%20Template.pdf. DRAINAGE REQUIREMENTS Detention pond waived and a simple drainage narrative: The applicant has submitted a drainage narrative stating that the site meets drainage exception "NON URBANIZING areas where the total project stormwater runoff of less than, or equal to, 10 cfs for the 1 hour, 100 year, storm event". Drainage Policy. Thic will bo accoptablo duo tho minutoc for PRE19 0173 provided on July 11, 2019 a list of exceptions and it appears that the applicant has meet the requirements. The provided Narrative however would not be valid for current code. Removed 12/2/20. Added paragraph. This area IS within an Urbanizing Drainage Area: Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 5 -year storm falling on the undeveloped site for URBANIZING areas. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Public Works for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. CONDITIONS OF APPROVAL A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) B. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Department of Public Works) C. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) D. The plan shall be amended to delineate the following: 1. County Road 23 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 3. Show and label the drainage flow arrows. (Department of Public Works) 4. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) MEMORANDUM TO: Angela Snyder, Planning Services FROM: Zackery Roberson, Public Works DATE: October 12, 2020 SUBJECT: USR20-0028 SHOEMAKER LONNIE The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site Specific Development Plan and Use by Special Review for outdoor storage of public utility -related equipment and uses (public utility support and service) similar to the uses listed (oil and gas support and service) as permitted as long as the use complies with the general intent of the Zone District in the A (Agricultural) Zone District. This project is north of CR 20 and is east of and adjacent to CR 23. Parcel number 131113300022. Access is from CR 23, which as been annexed by the City of Fort Lupton. ACCESS Weld County Public Works has reviewed the application materials related to access. Access for this property is approximately 0.4 miles north of CR 20 on CR 23. County Road 23 has recently been annexed by the City of Fort Lupton. The applicant will need to provide a Fort Lupton access permit or some form of written consent from the City of Fort Lupton that they agree with the access point for the proposed USR and residential property. ROADS AND RIGHTS -OF -WAY County Road 23 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC The traffic information submitted with the application materials indicated that there will be approximately 90 daily roundtrips. 30% of the traffic will be going to the north and 70% of the traffic will be going to the south. No upgrades were recommended by the traffic analysis. ROAD MAINTENANCE AGREEMENT Due to additional commercial traffic on a county -maintained CR 23. Public Works is requesting a road maintenance agreement for the portion of the road from the applicant's property to US -85 of the county maintained section of County road 23. Public Works is requesting a Road Maintenance Agreement including, but not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/U SR-SPR-Permits%201mprovements%20Agreement%20Template.pdf. DRAINAGE REQUIREMENTS Detention pond waived and a simple drainage narrative: The applicant has submitted a drainage narrative stating that the site meets drainage exception "NON - URBANIZING areas where the total project stormwater runoff of less than, or equal to, 10 cfs for the 1 -hour, 100 -year, storm event". Drainage Policy. This will be acceptable due the minutes for PRE19-0173 provided on July 11, 2019 a list of exceptions and it appears that the applicant has meet the requirements. The provided Narrative however would not be valid for current code. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Public Works for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. CONDITIONS OF APPROVAL A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Department of Public Works) B. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) C. The plan shall be amended to delineate the following: 1. County Road 23 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 3. Show and label the drainage flow arrows. (Department of Public Works) 4. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Angela Snyder From: Lauren Light, Environmental Health Services Date: October 22, 2020 Re: USR20-0028 Lonnie Shoemaker Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for Outdoor storage of public utility -related equipment and uses similar to the uses listed as permitted (oil and gas support and service) as long as the use complies with the general intent of the Zone District (public utility support and service). An individual domestic well (310470) provides water and an on -site wastewater treatment system (OWTS) permitted for 5 bedrooms provides sewer service to the existing residence (SP -1900082). The application indicates that there are 28 employees who come to the location to pick up commercial vehicles and leave for the job site. Portable toilets are acceptable for employees or contractors that are on site for less than 2 consecutive hours a day in accordance with EH policy. Stored materials will consist of conduit, pipe, wheels, along with directional drills and trailers. As this is a storage facility no maintenance, storage of chemicals or washing of vehicles or equipment will occur on site. The parking area consists of road base which will reduce on -site dust. 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.) 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 Health Administration Vital Records lot: 9/0 304 6410 Fax: 9/0-301-64 1'2 Public Health 8 Clinical Services cic: 9/0 304 6420 Fax: 9/0-304-64 16 Environmental Health Services Tele:970-304-6415 Fax: 970-304-6411 Communication, Education 8 Planning Tele: 970-.304-6470 Fax: 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970 304-6452 Public Health Facilities Act, 30-20-100.5, C.R.S. 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 Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 5. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. 6. Any On -Site Wastewater Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The well permitted as 310470 cannot be used for the business unless repermitted for commercial use. 7. For employees or contractors on site for less than 2 consecutive hours a day, 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, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. 8. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. MEMORANDUM To: Angela Snyder, Planner September 29, 2020 From: Bethany Pascoe, Zoning Compliance Officer Subject: USR20-0028 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV19-00159) was noted. This violation was initiated due to the operation of a drilling business and associated storage and employee parking without first completing the necessary Weld County Zoning Permits. This case has been forwarded to the County Attorney's Office; therefore, an investigation fee IS required. Due to records release laws, staff no longer tracks complainant information, but please be aware it is staffs policy to no longer accept staff -initiated complaints. Approval & completion of this application by the Board of County Commissioners would correct the violation; however, this violation case (ZCV19-00159) cannot be closed until the Conditions of Approval have been completed and the final Use by Special Review (USR) map has been recorded. Please ensure that the timeframe outlined in Chapter 23 for completing the USR process and recordation of the final map is enforced. Failure to complete the USR process and record the final map could result in revocation and which would result in the County refiling this case in court. If this application is denied by the Board of County Commissioners, the business, including, but not limited to all associated traffic, parking and commercial storage shall be removed from the property within 30 (thirty) days of denial or the County would pursue refiling the violation case in court. SERVICE, TEAMWORK, INTEGRITY, QUALITY Submit by Email Weld County Referral September 29, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: LONNIE SHOEMAKER Case Number: USR20-0028 Please Reply By: October 27, 2020 Planner: Angela Snyder Project: A Site Specific Development Plan and Use by Special Review for Outdoor storage of public utility -related equipment and uses similar to the uses listed as permitted (oil and gas support and service) as long as the use complies with the general intent of the Zone District (public utility support and service). Location: East of and adjacent to CR 23. approximately 0.37 miles north of CR 20 Parcel Number: 131113300022-R8948970 Legal: LOT B REC EXEMPT RECX17-0007, PART N2SW4 SECTION 13, T2N, R67W 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. a 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. See attached letter. Digitally signed by Kathy Naibauer Signature Date:2O2O.1O.21 15:59:34 -06.00' Agency Central Weld County Water Dstrict Date 10/21/20 Weld County Planning Dept 1555 N 17th Ave Greeley, CO 80631 (974) 440-6100 (970) 304.6498 fax Submit by Email Weld County Referral September 29, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: LONNIE SHOEMAKER Case Number: USR20-0028 Please Reply By: October 27, 2020 Planner: Angela Snyder Project: A Site Specific Development Plan and Use by Special Review for Outdoor storage of public utility -related equipment and uses similar to the uses listed as permitted (oil and gas support and service) as long as the use complies with the general intent of the Zone District (public utility support and service). Location: East of and adjacent to CR 23, approximately 0.37 miles north of CR 20 Parcel Number: 131113300022-R8948970 Legal: LOT B REC EXEMPT RECX17-0007, PART N2SW4 SECTION 13, T2N, R67W 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. I I�I If 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. See attached letter. See comments below. Signature Agency sl Todd Hodges City of Fort Lupton Date 9/30/2020 Public Works Director' Comments: County Road 23 is City of Fort Lupton right-of-way, and the Transportation Plan designates this road as an arterial with future right-of-way requirements of 110 feet. The City requests that an additional 25 feet be designated along the frontage of this parcel as future right-of-way. Structures should not be built in this future right-of-way. Any changes to the access would require an access permit through the City. Planning Director' Comments: We have previously discussed the option of annexation with the applicant at this location. The Fort Lupton Comprehensive Plan designates future land use in the area as Agricultural and Rural Residential. The city requests adequate buffering or screening of any storage in order to protect these land uses. Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax COLORADO Division of Water Resources Department of Natural Resources October 13, 2020 Angela Snyder Weld County Planning Department Transmitted via email: asnyder@weldgov.com RE: Lonnie Shoemaker Site Specific Development Plan and Use by Special Review Permit USR20-0028 Part of the NW 1/4 of the SW 1/4, Sec. 13, T2N, R67W, Sixth P.M. (Lot B RECX17-0007) Water Division 1, Water District 2 Dear Ms. Snyder, The Applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service (Outside Storage Oil Field Support Equipment and Supplies) in the A (Agricultural) Zone District 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 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal 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 physical availability of water. A proposed water supply was not provided, however a copy of well permit no. 310470 was included in the referral material. Well permit no. 310470 was issued on August 8, 2018 pursuant to 5 37-92-602(3)(b)(I) C.R.S. for a 7.58 acre parcel known as Lot B of the Recorded Exemption RECX17-0007. The well is currently permitted to be used for ordinary household purposes inside one (1) single family dwelling, the watering of eight (8) large non-commercial domestic animals and the irrigation of not more than 28,200 square feet of home gardens and lawns. In addition, well permit no. 310470 is permitted to withdraw up to 1.81 acre-feet of ground water from the nontributary Laramie -Fox Hills aquifer. As permitted well permit no. 310470 cannot be used to serve the proposed business on the property. If the applicant plans to use well no. 310470 for commercial use, a well permit allowing for such use must first be obtained. The ability for the Applicant to obtain a well permit, and the allowed uses, will be determined at the time that a well permit application is submitted to and reviewed by the State Engineers Office. The applicant should be aware that any proposed detention pond for this project must meet the requirements of a "storm water detention and infiltration facility" as defined in section 37-92- 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared S.Polis, Governor Dan Gibbs, Executive Director Kevin G. Rein, State Engineer/Director Lonnie Shoemaker Site Specific Development Plan and Use By Special Review Permit October 7, 2020 Page 2 of 2 602(8), Colorado Revised Statutes, the structure may be subject to administration by this office. The applicant should review DWR's Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado to ensure that the notification, construction and operation of the proposed structure meets statutory and administrative requirements. The applicant is encouraged to use Colorado Stormwater Detention and Infiltration Facility Notification Portal, located at https://maperture.digitaldataservices.com/gvh/?viewer=cswdif, to meet the notification requirements. If you, or the applicant, have any questions please contact loana Comaniciu at 303-866-3581 x8246. Sincerely, rru^` �1 w I Jcan_RA Williams, P.E. Water Resource Engineer Ec: Referral No. 27334 Permit no. 310470 Hello