HomeMy WebLinkAbout20212887.tiffMEMORANDUM
gylwrtissmileisrilAtiL
jae
Qi
TO: Maxwell Nader, Planning Services
FROM: Mike McRoberts, P.E., Public Works
DATE: August 2, 2021
SUBJECT: U SR21-0012 Lopez
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 PERMIT
FOR SIX (6) SEMI TRAILERS IN THE A (AGRICULTURAL) ZONE DISTRICT.
This project is south of and adjacent to CR 12 and is east of CR 37.
Parcel number 147307100030.
Access is from CR 12.
ACCESS
Weld County Public Works has reviewed the application materials related to access and determined that
the parcel has two existing accesses onto County Road 12 as described below:
• The westernmost access is a permitted residential access (AP21-00061) located approximately
2,645 feet east of County Road 37.
• The easternmost access is a nonpermitted residential access. It is located approximately 120 feet
east of the westernmost access on a portion of unmaintained County Road 12. (According to the
Weld County Property Portal, the County's maintenance of County Road 12 stops approximately
halfway between the two existing accesses.)
ROADS AND RIGHTS -OF -WAY
County Road 12 (westward from a point located approximately 2,765 feet east of County Road 37) is a
gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-
01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate and label on the
USR map the existing right-of-way (along with the creating document) and the physical location of the road.
All setbacks shall be measured from the edge of right-of-way. Be aware that physical roadways may not
be centered in the right-of-way. This portion of County Road 12 is maintained by Weld County. See the
aerial image below for clarification.
County Road 12 (eastward from a point located approximately 2,765 feet east of County Road 37) is a
section line road. Section line right-of-way does not exist in all sections in Weld County and should be
verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non -
Maintained Section Line Right -of -Way." The existence of a physical road does not imply public right-of-way.
The road may be located on private property. The right-of-way shall be verified and the physical road located
in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall delineate
on the map the existing right-of-way and physical location of the existing road. All setbacks shall be
measured from the edge of right-of-way. Be aware the physical roadway may not be centered in the right-
of-way. This portion of County Road 12 is NOT maintained by Weld County. See the aerial image below
for clarification.
Approximate location where Welt i
County's roac maintenance stops.
•
Not County maintained.
Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way
or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.comidepartments/publicworks/permits/.
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
No traffic counts on County Road 12 are available in the vicinity► of the subject parcel.
According to the traffic information submitted with the application materials, there will be no traffic resulting
from this USR.
TRACKING CONTROL
No upfront tracking control is required with this USR.
ROAD MAINTENANCE AGREEMENT
Because there will be no traffic resulting from this USR, Public Works is not requesting a Road Maintenance
Agreement.
DRAINAGE REQUIREMENTS
This area is within a Non -Urbanizing Drainage Area. Non -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, 10 -year storm falling on the undeveloped site for
NON -URBANIZING areas.
However, this project qualifies for an exception to stormwater detention per Weld County Code, Section
8-11-40.1.13., which reads, "A parcel greater than five (5) gross acres in size is allowed a onetime
exception for a new four thousand five hundred (4,500) sq. ft. building or equivalent imperviousness."
The applicant is proposing to locate the six semi -trailers on a proposed all-weather surface (gravel or
road base material). To qualify for the foregoing exception, the proposed all-weather surface shall NOT
exceed 10,125 square feet in size. Doing so will nullify the foregoing exception and require the applicant
to submit a full drainage report and detention pond design (prepared by a Colorado licensed Professional
Engineer) to Public Works for review and acceptance. Public Works will perform a post -installation
inspection to ensure compliance with this exception.
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
The USR map shall be amended to delineate the following:
1. County Road 12 (westward from a point located approximately 2,765 feet east of County Road 37) is
a gravel road and is designated on the Weld County Functional Classification Map as a local road which
requires. 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the USR map
existing right-of-way (along with the creating documents) and the physical location of the road. All
setbacks shall be measured from the edge of right-of-way. This portion of County Road 12 is
maintained by Weld County. (Department of Public Works)
2. County Road 12 Section Line (eastward from a point located approximately 2,765 feet east of County
Road 37) is shown to have 60 feet of unmaintained section line right-of-way per the Weld County CIS
right-of-way map. The applicant shall delineate the existing right-of-way on the USR map and label the
section line right-of-way as "CR 12 Section Line Right -Of -Way, not County maintained." All setbacks
shall be measured from the edge of right-of-way. (Department of Public Works)
3. Show and label the two existing access locations on the map. Label each access as "Existing
Residential Access". (Department of Public Works)
4. Show and label the entrance gate(s) 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)
5. Show and label the drainage flow arrows. (Department of Public Works)
6. 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:
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 USR MAP)
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. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
6. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
7. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Max Nader
From: Lauren Light, Environmental Health Services
Date: August 4, 2021
Re: USR21-0012 Camila Lopez and Yoemni Marrero
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for six (6) semi -trailers in
the A (Agricultural) Zone District.
The existing residence is served by an existing domestic well (permit 44275)
and an unpermitted on -site wastewater treatment system (SE -2100030).
The existing on -site wastewater treatment system does not require a permit at
this time as it was installed prior to permitting requirements.
The Division of Water Resources stated in their referral: "As long as the
business on the property does not have any customers that require water use or
employees, other than the parties living on the site, this office does not have any
objection to the proposed home occupation business. However, note that if the
proposed business on the property, will have customers that require water use
or employees, other than the parties living on the site, well permit no. 44275
cannot be used for a commercial business, since this well is only permitted for
domestic and stock purposes."
The application indicates no employees are associated with this request. If
employees are added in the future the existing well and OWTS must be
evaluated for business use.
No fuel storage, washing of vehicles or floor drains will occur on site.
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
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-:30,1-6,1I 2
Public Health &
Clinical Services
cic: 9/0 304 6420
Fax: 910-301-64 16
Environmental Health Communication,
Services Education & Planning
Tele: 970-304-6415 Tele: 970-.304-6470
Fux: 970-304-6411 Fox: 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6462
Public Health
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.
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.
7. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes, if required for business use. The well permitted as
44275 cannot be used for business use unless repermitted to
commercial.
8. The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
MEMORANDUM
To: Maxwell Nader, Planner July 12, 2021
From: Bethany Pascoe, Zoning Compliance Officer II
Subject: USR21-0012 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV21-00142) was noted. This
violation was initiated due to the addition of the storage of multiple semi -trailers without first obtaining the
appropriate land use permits as well as the presence of a mobile home without permits. The unpermitted
mobile home has been removed from the property. This case has not yet been forwarded to the County
Attorney's Office; therefore, an investigation fee is NOT 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.
If this application is approved, and once the applicant completes all Conditions of Approval and
submission a final and approved map for recording, the Zoning Violation (ZCV21-00142) would be closed
as compliant.
If this application is denied, Compliance staff asks the Board of County Commissioners to refer this
Zoning Violation (ZCV21-00142) case to the County Attorney's Office, but to delay legal action for 30
days in order to allow the applicant time to remove all but 1 (one) semi -trailer, as allowed as an
Accessory Use in the Agricultural Zone District without any permits.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
Submit by Email
Weld County Referral
July 12, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: Camila Lopez and Yoemni Marrero Case Number: USR21-0012
Please Reply By: August 9, 2021 Planner: Maxwell Nader
Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR SIX (6)
SEMI -TRAILERS IN THE A (AGRICULTURAL) ZONE DISTRICT.
Parcel Number: 147307100030-R6907898
Legal: LOT A REC EXEMPT RE -1841, PART NE4 SECTION 7, Ti N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Location: SOUTH OF AND ADJACENT TO CR 12; APPROXIMATELY 0.50 MILES EAST OF CR 37.
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.
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
FlWe have reviewed the request and find no conflicts with our interests.
See attached letter.
Todd A. Hodges, Planning Director 7 12 2021
Signature Date
City of Fort Lupton
Agency
PW Comments: The City Transportation Plan only includes CR 12 to CR 37. In the
City, CR 12 is designated as a collector with an 85' ROW required centered on the
section line. CR 12 does not currently go between CR 35 and CR 37 (although there
is petitioned 60 -feet of ROW there).
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
go
July 15, 2021
COLORADO
Division of Water Resources
Department of Natural Resources
Maxwell Nader
Weld County Planning Department
Transmitted via email:
mnader@weldgov.com
RE: Camila Lopez and Yoemni Marrero Site Specific Development Plan and Use by Special
Review Permit
USR21-0012
Part of the NE 1/4, Sec. 7, T1 N, R65W, Sixth P.M. (Lot A RE -1841)
Water Division 1, Water District 2
Dear Mr. Nader,
The Applicant is requesting a Site Specific Development Plan and Use by Special Review Permit
for six semi -trailers parked for storage on the property 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.
The proposed water supply is from an existing well operating under permit no. 44275. According
to our records, permit no. 44275, was registered on January 22, 1971 for domestic and stock
purposes. The well was constructed on February 1, 1955, to a depth of 700 and is producing
water from the tributary Laramie Formation. As long as the business on the property does not
have any customers that require water use or employees, other than the parties living on the
site, this office does not have any objection to the proposed home occupation business.
However, note that if the proposed business on the property, will have customers that require
water use or employees, other than the parties living on the site, well permit no. 44275 cannot
be used for a commercial business, since this well is only permitted for domestic and stock
purposes. In such case the Applicant will need to obtain a commercial well permit that allows
for the proposed uses for the property. Any well permit application to change the use of the
existing well or to drill a new well would be evaluated at the time it is received in, and reviewed
by, this office.
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
Camila Lopez and Yoemni Marrero Site Specific Development Plan and Use By Special Review Perm
July 15, 2021
Page 2 of 2
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
37-92-602(8), Colorado Revised Statutes, otherwise 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,
Joanna Williams, P.E.
Water Resource Engineer
Ec: Referral No. 28788
Permit no. 44275
Hello