HomeMy WebLinkAbout20190476.tiffMEMORANDUM
TO: Michael Hall, Planning Services
DATE: September 4, 2018
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0082 Totems
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 a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts (manufacturing and woodworking including tiny homes, wood and metal trusses, cabinets
and pipeline assembly, outdoor storage, and automotive repair and restoration) provided that the property
is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A (Agricultural) Zone District.
This project is east of and adjacent to CR 15 and is north of CR 6.
Parcel number 146920300030.
Access is from CR 15.
ACCESS
An Access Permit application was not submitted with the application materials. Public Works has reviewed
the submitted materials and provides a recommendation for access locations based on County code and
safety criteria in accordance with the Weld County Engineering and Construction Criteria. The proposed
upgrade of the existing access point meets the code and spacing criteria. A new access application will
need to be submitted once the USR has been approved for the change of use of the access point.
Questions concerning access requirements can be directed to Public Works access permit division.
For new accesses and/or change of use of an existing access, the fee and photos are required (photo
looking left and right along roadway from the access point and looking in to and out of the access point).
These photos are used to evaluate the safety of the access location. Access permit instructions and
application can be found at https://www.weldgov.com/departments/public works/permits/. Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design
guidance, which can be accessed at: https://www.weldgov.com/departments/public works/engineering/.
Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, 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.
For shared accesses, Public Works strongly recommends the property owner establish an access road
maintenance agreement so future owners of the properties will be aware of their requirements for shared
maintenance of the access road. This is not a requirement, but is recommended to avoid property owner
conflicts in the future.
ROADS AND RIGHTS -OF -WAY
County Road 15 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate
on the site map or plat the future and 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, Chapter 23, Article III, Section 23-3-50, 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.
Per Chapter 12, Article 4, Section 12-4-30.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.com/departments/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
Latest ADT on CR 15 counted 121 vpd with 32% trucks.
10 or less passenger round trips/day, 5 or less tandem truck or semi -trucks round trip/week.
TRACKING CONTROL POLICY
Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of
a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road
base. Tracking control is required to prevent tracking from the site onto public roadways. Temporary
Tracking Control shall be used during construction unless permanent tracking control is installed ahead of
construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control devices
can be double cattle guards or rip rap (6" washed rock). Tracking control for unmaintained public right-of-
way is required just prior to entering publicly maintained roadways. A variance request for alternatives to
the tracking control requirement can be submitted to Public Works for review and consideration.
Less than 20 passenger vehicle round trips/day, no upfront tracking control requirements.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works may require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• Construction Maintenance Agreement
• Access Improvements Agreement
An Improvements Agreement is required for sites with required off -site improvements per Chapter 12,
Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and
maintained.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/sprusr.pdf. It will detail the approved haul route(s), outline when off -site improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage
repairs, and future improvement triggers.
DRAINAGE REQUIREMENTS
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.
Detention Pond summarized in a Drainage Report:
A drainage report and detention pond design shall be completed by a Colorado Licensed Professional
Engineer and adhere to the drainage related sections of the Weld County Code. The drainage report must
include a certification of compliance stamped and signed by the PE which can be found on the engineering
website. General drainage report checklist is available on the engineering website. More complete
checklists are available upon request.
MS4
This site is not in a defined Municipal Separate Storm Sewer System (MS4) area which is a more urbanized
area with state mandated, higher water quality requirements
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. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing engineering requirements, submission
of collateral, and testing and approval of completed improvements. (Department of Public Works)
B. 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)
C. The plan shall be amended to delineate the following:
1. County Road 15 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 on the site plan the existing right-of-way. 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 approved access locations, approved access width and the appropriate turning
radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s)
prior to construction. (Department of Public Works)
3. Show and label the approved tracking control on the site plan. (Department of Public Works)
4. 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)
5. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and
shall include the calculated volume. (Department of Public Works)
6. The applicant shall show the drainage flow arrows. (Department of Public Works)
7. 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 shall control noxious weeds on the site. (Department of Public Works)
2. The access on 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 Improvements
Agreement. (Department of Public Works)
6. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
8. 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: Michael Hall
From: Lauren Light, Environmental Health Services
Date: September 5, 2018
Re: USR18-OO82 Totems
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for any use permitted as
a Use by Right, an Accessory Use, or a Use by Special Review in the
commercial or industrial zone districts, (manufacturing and woodworking
including tiny homes, wood and metal trusses, cabinets and pipeline assembly,
outdoor storage, and automotive repair and restoration) provided that the
property is not a Lot in an approved or recorded subdivision plat or lots parts of
a map or plan filed prior to adoption of any regulations controlling subdivisions
in the A (Agriculture) Zone District.
Mountain View Water Users Association (MVWUA) provides water to the
residence and a septic system (SP -1800099) permitted for 4 bedrooms provides
sewer. The septic system has been red tagged as an engineer letter, as -built of
the system and submittal of a video of the pump and alarm have not been
received. The application states that a portable toilet and bottled water will be
provided for employees which is acceptable if EH policy is adhered to. Water
cannot be used for the business unless the commercial use is approved by
MVWUA.
According to the application, there are floor drains in the building that drain into
the storm water system. This is not acceptable, and the drains must either be
blocked in or drain to a separate vault. Noise and dust will be confined to the
building. An air emissions permit may be required depending on the amount of
dust and paint emissions produced.
We recommend that the following requirement be incorporated into the permit as
a condition that must be met prior to recording the plat:
1. The on -site wastewater treatment system permitted as SP -1800099 must
receive final approval from Environmental Health Services.
Health Administration
Vital Records
Icic: 9/U 304 6410
Fax: 9/U -3U1-6112
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9 /0-304-6416
Environmental Health
Services
Tele: 970-304-6415.
Fax. 970-304-6411
Communication,
Education & Planning
Tele: 970-304-5470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-3O4-6452
Public Health
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
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. All potentially hazardous chemicals must be handled in a safe manner
in accordance with product labeling. and in a manner, that minimizes
the release of hazardous air pollutants (HAPs) and volatile organic
compounds (VOCs). All chemicals must be stored securely, on an
impervious surface, and in accordance with manufacturers'
recommendations.
6. The facility shall adhere to the maximum permissible noise levels
allowed in the Commercial Zone as delineated in 25-12-103 C.R.S.
7. Adequate drinking, hand washing, and toilet facilities shall be provided
for employees, at all times. For 2 or less full-time or 4 or less part-time
employees on site, 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 and shall
contain hand sanitizers.
8. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes.
9. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater
Treatment Systems.
10.The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.)
and Emissions Permit Application and obtain a permit from the Air
Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable.
11.Any vehicle or equipment washing shall adhere to "Low Risk Discharge
Guidance: Discharges From Surface Cosmetic Power Washing
Operations To Land July 2010" as provided by the State.
12. Floor drain wastes shall be captured in a watertight vault and hauled
off for proper disposal. Records of installation, maintenance, and
proper disposal shall be retained.
13.The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
MEMORANDUM
To: Michael Hall, Planner August 14, 2018
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR18-0082 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV18-00105) was noted. This
violation was initiated due to the presence of a tiny home manufacturing operation as well as an oil and
gas operation without first completing the necessary Weld County Zoning Permits. This case has not
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.
Approval of this application by the Board of County Commissioners would correct the outstanding
violations. If this application is denied, the Department of Planning Services asks that the Board refer this
case to the County Attorney's Office for legal action, but to delay legal action for 30 (thirty) days to remove
all but 1 (one) Commercial Vehicle and all associated commercial storage and operations from the
property.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
Submit by Email
Weld County Referral
August 07, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: Ben & Amy Totems Case Number: USR18-0082
Please Reply By: September 4, 2018 Planner: Michael Hall
Project: A Site Specific Development Plan and Use by 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 (manufacturing and woodworking including tiny homes, wood and metal trusses, cabinets and
pipeline assembly, outdoor storage, and automotive repair and restoration) provided that the property is
not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A (Agricultural) Zone District.
Location: East of and adjacent to County Road 15; Approximately 0.21 miles north of County Road 6
Parcel Number: 146920300030-R4229806 Legal: PART W2SW4 SECTION 20, T1 N, R67W LOT A
RE -4282 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.
D
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.
Sign ute D
Agency VY
Date .3(2-1/4..\\.
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
MOUNTAIN VIEW FIRE RESCUE
3561 N. Stagecoach Road • Longmont, CO 80504
(303) 772-0710 • FAX (303) 651-7702
August 2I, 2018
Mr. Michael Hall
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
Dear Mr. Hall:
i have reviewed the submitted material pertaining to a Site Specific Development Plan and Use by Special Review
Permit for woodworking and automotive repair at 2218 Weld County Road 15 (Case Number: USR18-0082, Case
Name: Totems). The property named is within the boundaries of the Mountain View Fire Protection District and
receives service from the District.
It appears there may be a misunderstanding regarding what the Fire District's requirements are as noted in Item 16
of the Special Use Questionnaire and Item 4 of the Building Questions. The Fire District is aware that there is
currently not an adequate water supply for fire protection at the location. To conduct a business they would need
adequate water supply. Generally, water supply for fire protection is not required for private garages, barns,
storage buildings and accessory buildings provided the building is not being used as living space and hazardous
activity will not he occurring within the structure (i.e. woodworking, vehicle repair garage, spray painting with
flammable/combustible liquids, etc.). The Special Use Questionnaire indicates there will be employees at the
location and they will he conducting a business and hazardous activity. This is more than private use.
This appears to he a "change in use or change in occupancy classification" of the building to a Group F Occupancy
and S-1 Occupancy which would need to he in compliance with the adopted building codes of Weld County and
fire codes of the Mountain View Fire Protection District. Additionally, fire sprinkler systems are required for any
building that has a fire area over 2,500 square feet and used for woodworking. Just limiting the area of
woodworking to 2,400 square feet (as noted in Items 17) is not adequate.
The Fire District cannot support the Special Use Permit as proposed. We appreciate being involved in the
planning process. Should you have any questions, please contact me at 303-772-0710 x 1121.
Sincerely,
LuAnn Penfold
Fire Prevention Specialist
cc: project file
Ip08.11.18
www.mvfpd.org
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