HomeMy WebLinkAbout20192395.tiffMEMORANDUM
TO: Angela Snyder, Planning Services
FROM: Mike McRoberts, P.E., Public Works
DATE: April 22, 2019
SUBJECT: USR19-0025 Meadow Ridge
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 any Use
permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in the Commercial or
Industrial Zone Districts (office, light manufacturing, and outdoor storage of vehicles and equipment)
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 (Agricultural) Zone District.
This project is north of CR 10 and is east of and adjacent to CR 43.
Parcel number 147310000015.
Access is from CR 43.
ACCESS
Weld County Public Works has reviewed the application materials related to access. Access to the site will
be an existing access (AP -17-00638) on County Road 43. A new Access Permit may be required with this
project. Contact Public Works to inquire.
ROADS AND RIGHTS -OF -WAY
County Road 43 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 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, 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.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any
additional requirements that may be needed. (Interstate 76 Frontage Road)
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
No traffic counts are available in the area.
The traffic information submitted with the application materials indicated that there will be approximately 20
passenger vehicle/pickup and 5 semi -truck daily roundtrips. 75% of the traffic will be going to the north on
County Road 43 and 25% of the traffic will be going to the south on County Road 43.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to gravel
roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base
on all driving surfaces. 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 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.
This site requires double cattle guards and 100 ft. of road base or road base on all driving surfaces.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works is requiring an Improvements and Road Maintenance Agreement with triggers for off -site
improvements. 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/USR-SPR-Permits°/020Improvements°/020Agreement°/020Template.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:
The applicant has submitted a preliminary drainage report. A final drainage report and detention pond
design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR
map. The drainage report must include a certification of compliance stamped and signed by the PE. A
Certification of Compliance form can be found on the Public Works Development Review website. General
drainage report checklist is available on the engineering website. More complete checklists are available
upon request.
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. An Improvements and Road Maintenance Agreement with triggers 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 43 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 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 approved access locations along with access type(s) (i.e., Agriculture,
Residential, Commercial/Industrial, and/or Oil and Gas), approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain a new access permit in
the approved location prior to construction unless waived by Public Works. (Department of Public
Works)
3. Show the approved Colorado Department of Transportation (CDOT) access on the site plan and
label with the approved access permit number if applicable. (Department of Public Works)
4. Show and label the approved tracking control on the site plan. (Department of Public Works)
5. 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)
6. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
7. Show and label the drainage flow arrows. (Department of Public Works)
8. 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. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. 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 Improvements and
Road Maintenance Agreement. (Department of Public Works)
6. The Improvements and 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)
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: Angela Snyder
From: Ben Frissell, Environmental Health Services
Date: April 15, 2019
Re: USR19-0025 Meadow Ridge Office Space, Manufacturing and
Storage
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 Permit in the
Commercial or Industrial Zone Districts (office, light manufacturing, and outdoor
storage of vehicles and equipment) 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 (Agricultural) Zone
District.
The application indicated that there may up to 10 fulltime employees onsite
along with 4 additional agricultural workers. Water to the site is supplied by an
industrial well (permit 81474-F) and an existing commercial septic system (SP -
1800116) sized for 6 employees.
There will be no fuel storage, vehicle or equipment washing and the buildings
will not have floor drains.
We recommend that the following requirement be incorporated into the permit
as a condition that must be met prior to the issuance of the Certificate of
Occupancy:
1. The septic system shall be reviewed by a Colorado registered
professional engineer since the proposed usage surpasses septic sizing
limitations, currently for six employees. The review shall consist of
observation of the system and a technical review describing the system's
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
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-304-6412
Public Health &
Clinical Services
Icic: 9:0 304 6420
Fax: 910-304-64 16
Environmental Health
Services
Tele: 970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fax: 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6452
Public Health
system is found to be inadequately sized or constructed, the system shall
be brought into compliance with current regulations.
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. This facility shall adhere to the maximum permissible noise levels
allowed in the Commercial Zone as delineated in 25-12-103 C.R.S.
6. Adequate drinking, hand washing, and toilet facilities shall be provided
for employees and patrons, at all times. A permanent, adequate water
and sewer supply shall be provided for drinking and sanitary purposes.
7. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to Onsite Waste Water
Treatment Systems.
8. The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
MEMORANDUM
TO: Weld County Planning and Zoning
FROM: Sayre Brennan, Town Planner
DATE: 04/11/2019
RE: Weld County Notice of Inquiry & Referrals: IAMRECX19-17-0216 & USR1- 0025
The objective of this memo is to provide a background and help explain the Weld County Notice
of Inquiry (NOI) and two referral cases listed above. Both the NOI and county referral cases
concern Lots A and B located at or near 4424 County Road 43, Hudson, CO 80642. The two
subject properties are owned by Meadow Ridge Holdings, LLC.
1. PROPERTY INFORMATION:
• Location: Unincorporated Weld County.
• Parcel No.: 147310000015 and Unknown/Unassigned
• Address:
o Lot A — Unknown/Unassigned County Road 43, Hudson, CO 80642
o Lot B - 4424 County Road 43, Hudson, CO 80642
• Legal Access: County Road 43
• Owner: Meadow Ridge Holdings, LLC.
o Agent of Meadow Ridge Holdings, LLC: Barry Fehr
• Weld County Zoning: Agriculture
• Within Town of Hudson 3 -mile Map: Yes
• Town of Hudson Future Land Use Categories: Agriculture and Corridor Use overlay.
2. BACKGROUND:
On January 10, 2018, the Town of Hudson Planning Commission responded to Weld County
Referral REXC17-0216. Under Referral REXC17-0216, the Applicant requested a two -lot
recorded exemption in the hopes of establishing industrial uses. In response, the Hudson Planning
Commission requested that the Applicant submit to the Town's annexation process under the
Intergovernmental Agreement with Weld County.
The subject properties were then under consideration for annexation and initial zoning (Case No.
18-12), subdivision — sketch plan (Case No. 18-21), and a use approval for an industrial use (Case
No. 19-01). Negotiations between the Town and the Applicant failed regarding initial zoning,
traffic impact studies, phasing of transportation improvements, and future utility improvements.
Due to this failure in negotiations, the Applicant was denied Annexation by Hudson Town Council
on 02/26/2019. The Applicant then moved forward with REXC 17-0216 on 02/27/2019, creating
two separate Lots — Lot A and Lot B.
Here, there were three separate, but interrelated requests before the Hudson Planning Commission.
The first was for the NOI for a Use by Special Review (USR) on Lot A for an office and shop for
an electrical contractor/general construction contractor.
1
The second case is Referral IAMRECXI9-17-0216, which is a request for an amended recorded
exemption to allow for a lot line adjustment to the southern boundary of Lot A by extending the
southern lot line of Lot A south approximately 79 feet ± into Lot B, thereby increasing the acreage
of Lot A and decreasing the acreage of Lot B.
The third case is USR1-0025, which is a Use by Special Review on Lot B to permit the operation
of a business out of the existing building that has been constructed on site to allow for five (5)
uses:
• office space,
• seed processing and light manufacturing,
• the storage of SIP (Structural Insulated Panels) Panels,
• excavating equipment, and
• other oil and gas support equipment.
3. THREE-MILE PLAN:
According to the Town's adopted Three -Mile Plan, the subject parcels are within the Town's three-
mile boundary. In 1987, the state legislature made changes to annexation law limiting municipal
annexations to no more than three miles beyond the current municipal boundary in any given
year. Further, municipalities in Colorado are required to prepare and adopt a three-mile plan prior
to annexing property into their territorial boundaries per C.R.S. 31-12-105 et. seq. The three-mile
plan is a long-range plan that outlines where municipalities intend to annex property and describes
how they will ensure the adequate provision of services within the newly annexed territory and the
remainder of the existing municipality.
The subject parcel is in the Town's 3 -Mile Plan and was originally referred to the Town from Weld
County but was subsequently denied annexation by Town Council due to the reasons listed in the
Background section.
4. TOWN OF HUDSON - FUTURE LAND USES
According to the Town of Hudson 2035 Comprehensive Plan, the Future Land Use category for
these parcels are Agriculture with a Corridor Use overlay. The Future Land Use Plan Map is the
most critical element within the Town's Comprehensive Plan. This map represents a synthesis of
the current trends and conditions in the community, and the adopted goals and policies for growth
and development. Unlike a zoning ordinance, this plan map illustrates how the 2035 Hudson
Comprehensive Plan community envisions certain areas developing and it should be used to guide
zoning and rezoning decisions.
1 Supra at 1.
2
Agriculture Category
Agricultural uses are suggested for areas on the perimeter of the community at this time. At this
time the ability to serve these areas with utilities and other infrastructure is difficult and cost
prohibitive.
• Areas on the perimeter of the community or its planned boundaries.
• Areas where site conditions lend themselves better to agricultural (farming or ranching)
operations than to development in the short term.
• Areas may be adjacent to residential neighborhoods, as long as "right to farm" issues are
understood, since agricultural uses usually pre -date suburban or exurban development.
• Areas not needing ready access to highways, arterials, or major collector streets.
• Areas without, or not in need of, utility and infrastructure system capacity.
Corridor Uses
Areas designated for Corridor Uses are located along interstate highway and/or major highways.
These areas offer access and visibility and would include a mix of uses including retail, office,
higher density residential developments and commercial accommodations. This land use category
may also include specialized land uses such as public facilities, senior citizen facilities and
recreation and it is desirable that compatible uses are within walking distance of each other. The
mixture of uses can be either horizontal or vertical in a multi -story structure. It is expected that
areas along SH 52 and CR 49 would be developed with frontage roads to minimize traffic impacts
to the through route function of these roadways.
Future Land Use Issue:
A. FLUM: The Applicant's proposed industrial uses do not correspond to the Town's Future
Land Use Map. Agriculture and Corridor uses do not envision industrial uses at these sites.
If the County allows for the proposed industrial use(s) within the County's Agriculture
Zoning district under the proposed USR, it should be made clear to the Applicant that under
the Town's current Future Land Use Map, industrial uses are not permitted at this site.
5. Notice of Inquiry
A Notice of Inquiry or letter/email from a municipality is required by the Applicant if a proposed
development site is located within an Intergovernmental Agreement (IGA) boundary or a
Cooperative Planning Area (CPA). The Town of Hudson has an IGA with Weld County.
Here, a potential buyer of the newly created Lot A is requesting a USR for an office and shop for
their electrical contracting business. In accordance with the Town -County IGA, the County has
provided the Town with the NOI to determine if the Town would like pursue annexation of the
subject site at this time. The issues with the original Meadow Ridge Holdings, LLLC / Barry Fehr
referral in 2018 still exists with the requested action in the NOI (i.e., the Applicant is requesting
to proceed with a USR for a contracting business). The request and uses under the NOI are urban
in character and would fall within the definition of the Weld County -Hudson IGA and generally
would not be permitted by Weld County via the County's USR process.
3
The Town's options are to either indicate that the Town would like to pursue annexation with the
applicant or that the Town is not interested in pursuing annexations with the applicant at this time.
The Town has little faith the current owner or future buyer would want to meet the Town's
requirement for a subdivision or mitigate impacts. Therefore, it would be fruitless to request an
annexation if all the Applicant are looking to do is to avoid the Town's subdivision requirements
and impact fees by utilizing the County's exempt subdivision and USR process and procedures.
Therefore, the Town is not interested in annexing either of these properties at this time.
6. CASE NO. 1AMRECX19-17-0216
Colorado state law imposes strict limits on subdividing land. A law passed in 1972 — commonly
referred to as "Senate Bill 35" — requires an approval process for subdivisions that create lots
smaller than 35 acres. However, working within state statute, Weld County code has exempted the
state definition of "subdivision" and "subdivided land" for certain pieces of property through its
Recorded Exemption process. The Recorded Exemption is a land division process used to divide
a lot into two (2), three (3) or four (4) separate lots.
According to County records, the parent parcel was created on 07/31/1991 through a recorded
exemption (RE -1345). This RE -1345 created two lots — "Lot A" 1.713 Acres ± (not subject to this
referral and under separate ownership) and "Lot B" a single lot consisting of 38.004 Acres ±. After
receiving a waiver from the Weld County Board of County Commissioners, the Applicant recorded
RECX17-0216 on 02/27/2019 and created two (2) separate lots — "Lot A" and "Lot B". Both lots
were less than 35 acres.
Here, the Applicant has requested to adjust the southern property boundary line of Lot A,
increasing the acreage of Lot A and decreasing the acreage of Lot B. Both lots will remain less
than 35 acres.
Case No. IAMREXC-17-0216 Issues:
A. Applicant's Map: The Applicant's proposed Map does not accurately reflect the acreage
or property boundary of either lot. The Applicant also does not include all existing
structures, as required by the County's Application. This is important information to have
in terms of required setbacks, especially if the existing structures were originally
permitted and intended for agricultural uses, but are now being proposed for commercial
and/or industrial uses.
B. SEC. 24-8-40(P): Weld County Code Sec. 24-8-40(P) states that,
[a]fter August 3, 2010, the largest lot of any recorded exemption may not be less
than thirty-five (35) acres net. This requirement may be waived by the Board of
County Commissioners if the Board finds that extenuating circumstances
experienced by the applicant justify approval of the recorded exemption and that
the recorded exemption is not for the purpose of evading the requirements and
intent of this Chapter.
4
Lot B was originally created by RE -1345 in 1991 and it was the largest lot of that
recorded exemption. Because Lot B was created as less than 35 acres and the Applicant
proposed creating an even smaller lot under RECX17-0216, the Applicant had to obtain a
waiver from the County Code to create a lot smaller lot. It is concerning to the Town of
Hudson that Applicant is intending to convert both lots from agricultural uses to
commercial and/or industrial sites. Further, is unclear from the Applicant's map what the
exact acreages and property boundaries of the two proposed lots will be after the lot line
adjustment. And, the lot line adjustment would further reduce the acreage of Lot B in
violation of the intent of Weld County Code Sec. 24-8-40(P) and the minimum lot size
(80 acres) as required under Sec. 23-3-50.
C. ACCESS: The applicant states the two proposed contiguous lots will share an existing
access that was recorded as 30' access easement. However, it appears that the proposed
lot line adjustment to Lot A will only provide access to Lot A and Lot B will be left
without legal access. While both proposed "lots" are currently under common ownership,
there should be an access easement recorded or shown clarifying which of the two lots
will be the servient and dominant estates, or a separate access permit should be obtained
to allow for access to Lot B.
D. BULK REQUIREMENTS: Weld County should determine if the two proposed lots
meet the Bulk Requirements (i.e., Minimum Lot Size) for the A Zone District or USR.
And, if converting agricultural land, uses, and structures to industrial uses meets either of
those bulk requirements.
6) CASE NO. USR1-0025
Case No. USR1-0025, is 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 Permit in
the Commercial or Industrial Zone Districts (office, light manufacturing, and outdoor storage of
vehicles and equipment) 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 (Agricultural) Zone District.
In this case, the Applicant seeks a Use by Special Review (USR) on "Lot B" to permit the
operation businesses out of the existing building that has been constructed on site to allow for
office space, seed processing and light manufacturing, and the storage of SIP (Structural
Insulated Panels) Panels, excavating equipment, and other oil and gas support equipment.
CASE NO. USR19-0025 ISSUES:
A. WOGLA: Oil and gas facilities are permitted by right in the A district, however a Weld
County Oil and Gas Location Assessment (WOGLA) is required. No oil and gas facility
shall be developed in the A (Agricultural) Zone District until a WOGLA has been
issued by the Department of Planning Services or the Board of County Commissioners
5
in accordance with the application procedures set forth in Article II, Division 10. No
WOGLA has been presented as part of this referral.
B. Comp. Plan: Sec. 22-2-20(G)(3) - Policy 7.3 states that,
Conversion of agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside an
Intergovernmental Agreement area, Urban Growth Boundary area, Regional
Urbanization Area or Urban Development Nodes, or where adequate services are
currently available or reasonably obtainable. A municipality's adopted
comprehensive plan should be considered but should not determine the
appropriateness of such conversion (emphasis added).
The Applicant's proposed industrial uses do not correspond to Policy 7.3 of the County
or the Town's Future Land Use Map, in that Agriculture and Corridor uses do not
envision industrial uses at this site. The Applicant was denied annexation, in part,
because the proposed industrial uses did not correspond to the Town's future land use
categories.
C. Access and Transportation:
a. Sec. 22-2-20(H)(3) — Policy 8.3 states that, "[t]he land use applicants should
demonstrate that the roadway facilities associated with the proposed development
are adequate in width, classification and structural capacity to serve the proposed
land use change." Weld County Road 43 is a County Road that connects to Weld
County Road 10, Weld County Road 12, and Highway 52. The section of WCR
43 abutting the subject properties is approximately 20 feet in width and is
composed primarily of dirt. Can this road handle heavy equipment used by both
agricultural and industrial uses?
b. Based on the proposed lot line adjustment in IAMREXC-17-0216, it does not
appear that "Lot B" has public access and what would be the status of the
proposed interior road right-of-way.
c. What are the roadway centerlines for the commercial roadways shown onsite?
Are these adequate for agricultural, commercial, and/or industrial uses?
d. The Site Plan shows a connection to the I-76 Frontage Road. This is a CDOT
owned and maintained road. The Applicant should be required to obtain an access
permit from CDOT prior to any approvals or as a conditional of approval.
D. Enumerated Uses: Section 23-3-40 covers use by special review in the Agricultural
zoning district. While 23-3-40(S) allows 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." It appears that Sec. 23-3-40 stipulates that the County may permit
BUILDINGS, STRUCTURES and USES specifically enumerated within Sec. 23-3-40 and
that those specific BUILDINGS, STRUCTURES and USES then may be constructed,
occupied, operated and maintained in the A (Agricultural) Zone District upon approval of
a permit in accordance with the requirements and procedures set forth in Article II,
Division 4.
6
a. The Applicant has stated that the USR is for five (5) end uses:
i. Office space,
ii. Seed processing and light manufacturing,
iii. Storage of Structural Insulted Panels,
iv. Excavating Equipment, and
v. Other oil and gas support equipment.
The County should ensure that the Applicant's intended end uses are specifically enumerated
within Sec. 23-3-40 and the commercial and industrial zone districts, and if so, then follow the
requirements and procedures set forth in Article II, Division 4 of this Chapter.
E. Compatibility: To the north, south, and west, the subject parcel is surrounded by parcels
located in unincorporated Weld County that are predominately agriculture and residential
in nature. To the West, the Applicant's parcel is boarded by I-76 Frontage Road and the
Town of Hudson's jurisdiction. If the USR is permitted, the Applicant should be required
to screen and buffer its uses from the I-76 corridor and other uses that are incompatible.
F. Inconsistences: In Exhibit E, Section 4, the Applicant states that, "...no additional
structures will be constructed on site, which will allow the Applicant to maintain most of
the site in agricultural production." But, then in Section 17 states that, "MRH anticipates
constructing two additional buildings as set forth on the proposed site plan." These two
statements seem inconsistent and need to be reconciled. The Town's primary concern is
that the Applicant is evading subdivision requirements without going through the
subdivision process. If the requested USR is allowed, the Town would like (1) limits
placed on the number of buildings that can be developed onsite and (2) no further
recorded exemptions, lots splits, etc....of Lot A and Lot B.
G. Civil Engineering: The Town Engineer reviewed the Applicant's proposed Subdivision
— Sketch plan, which is similar in nature the site plan presented under USR1-0025. The
Town has provided the Town Engineer's questions and comments for the County's
review and use.
EXISTING STRUCTRUES
While the two (2) agricultural outbuildings on -site may have been engineered for an intended
commercial use, they were permitted as Agriculture outbuildings. The only allowed uses on that
site (and in those buildings) are currently uses approved under the Weld County zoning district
(Agriculture) and the County's adopted IBC. If the USR is granted, the County should require
the Applicant to go through a change of use and occupancy review process.
When the Applicant was looking to annex into the Town of Hudson, SAFEbuilt provided a
cursory review of the larger agricultural outbuilding located on Lot B for a change of use and
occupancy from agriculture to offices (Business Group B), storage (Group S), and repairs to
industrial equipment (Group F) under the Town's IBC (2006). SAFEbuilt had several concerns,
which were:
7
1. The Applicant proposed to install separate offices on either side of the building
separated by a demising wall, including reception areas, etc. It appears
that the Applicant was proposing to construct two separate tenant spaces.
2. This building should probably be sprinklered with both its current use, as
well as the proposed use (still unclear as to their occupancy
classification), and their rated `fire barrier' is not code
compliant.
3. There are several change of use and occupancy issues that an architect and structural
engineer will need to be involved in for the redesign of this building.
Lastly, the existing structures were likely permitted as agricultural outbuildings, as were the
private well and septic systems that serve those structures. These private utilities should be
reviewed by the appropriate agencies to ensure that they conform to the levels of service required
for a change and use and occupancy from agriculture to commercial and/or industrial uses.
Review Process
The Town of Hudson understands that under Weld County's code, the Planning Commission and
Board of County Commissioners may consider the Town's reviews and comments and may
solicit additional information if such information is deemed necessary. And, that the reviews and
comments submitted by a referral agency are recommendations to the County. The final
authority for making the decision to approve or deny the request for a Special Review Permit
rests with the Board of County Commissioners. The Town hopes that the Board of County
Commissioners takes the Town's comments earnestly and either (1) denies the request (as
industrial uses do not correspond to the Town's comprehensive plan and future land use map) or
(2) mitigate potential impacts of the proposed development and reduce the likelihood of any
further subdivision evasion.
Best regards,
SAYRE BRENNAN, AICP
Town Planner
Town of Hudson
50 S. Beech St
Hudson, CO 80642
Office: 303.536.9311
E-mail: shrcnnan(ci dsoncolorado.org
haps://hudsoncolorado.org/158/P lanning
8
COLORADO
Division of Water Resources
=:epa i er2t of Natural Resources
April 5, 2019
Angela Snyder
Weld County Department of Building and Planning Services
Transmitted via email:
asnyder®weldgov.com
RE: Meadow Ridge Holdings, LLC - Site Specific Development Plan and Use by Special Review
Case no. USR19-0025
Portion of the SW VI of Sec. 10, T1 N, R65W, 6th P.M.
Water Division 1, Water District 1
Dear Ms. Snyder,
According to the submitted information, the Applicant is seeking 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 Permit in the Commercial or Industrial Zone Districts (office, light
manufacturing, and outdoor storage of vehicles and equipment). According to the referral
information the proposed water source for the property is an existing well operated under permit
no. 81474-F. This property is also subject to case no. 1AMRECX19-17-0216 for which we
commented on by letter dated April 4, 2019. See that letter for additional comments regarding
well 81474-F.
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.
Well permit no. 81474-F was issued on November 1, 2017 for the construction of a well in the
NW1 /4 of the SW1/4, Section 10, Township 1 North, Range 65 West. The well is permitted for
industrial use with a maximum pumping rate of 25 GPM and allowed average annual withdrawal of
8 acre-feet. Our office has not received evidence that a pump has been installed in the well prior
to the expiration date. Well permit no. 81474-F expired on November 1, 2018. The Applicant
must obtain a new well permit for this well, unless proof is provided that a pump was installed in
the well prior to November 1, 2018.
The application materials indicate that a storm water detention structure may be constructed as a
part of this project. The applicant should be aware that, unless the structure can meet the
requirements of a "storm water detention and infiltration facility" as defined in section 37-92-
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
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water
Jared Polls, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director
Meadow Ridge Holdings LLC Page 2 of 2
April 5, 2019
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 me of this office at 303-866-3581
x8265.
Sincerely,
Joanna Williams, P.E.
Water Resource Engineer
Ec: Referral No. 26231
File for permit no. 81474-F
From: Hice-Idler - CDOT, Gloria
To: Anciela Snyder
Cc: Bilobran, Timothy; Allyson Mattson - CDOT
Subject: USR19-0025/Meadow Ridge Holdings/Weld County/I-76 FR
Date: Tuesday, April 2, 2019 12:37:49 PM
Attachments: image001.onq
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
The applicant will need to obtain a new access permit for the change of use of the property. Please
have them contact Tim Bilobran at (970) 350-2163 or Ally Mattson at (970) 350-2148 to discuss.
It does not appear that the volumes proposed will result in the need of any highway improvements on
the frontage road.
Gloria Hice-Idler
Rocksol Consulting
(970) 381-8629
4)
10601 W. 10th Street, Greeley, CO 80634
gloria.nice-idler@state.co.us I www.codot.gov I www.cotrip.org
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