HomeMy WebLinkAbout20190185MEMORANDUM
TO: Chris Gathman, Planning Services
DATE: September 17, 2018
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0067 Hilton co Brian Debauche
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 Home
Business (modification & repair of race cars) in the A (Agricultural) Zone District.
This project is north of CR 4 and is west of and adjacent to Bailey Drive.
Parcel number 147126402008.
Access is from Bailey Drive.
ACCESS
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 access for the project has previously been permitted under AP18-
00349 for residential use. Prior to operations and/or recording of the USR map the applicant/agent will
need to request a new access permit or revision for the upgraded use of the existing access point.
Questions concerning access requirements can be directed to Public Works access permit division.
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying
out your site plan to ensure the approved accesses are compatible with your layout.
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
Bailey Drive 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
No traffic counts are available in the area.
The traffic information submitted with the application materials indicated that there will be approximately
one daily roundtrip.
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.
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 waived and a simple drainage narrative:
A drainage narrative is required and full drainage report and detention pond waived if the site qualifies for
an exception to detention requirements listed below.
The drainage narrative must include at the minimum:
1. Description which exception is being applied for and supporting rationale
2. Where the water originates if it flows onto the property from an offsite source
3. Where it flows to as it leaves the property
4. The direction of flow across the property
5. If there have been previous drainage problems with the property
Exceptions.
1. Exceptions to stormwater detention shall not jeopardize the public health, safety, and
welfare of public and private property. Exceptions shall be supported with a drainage
narrative.
a. No stormwater detention will be required for sites that meet any of the following
conditions. Requirements of the Municipal Separate Storm Sewer System (MS4)
areas remain applicable.
8) Development of sites where the change of use does not increase the
imperviousness of the site.
14) A parcel greater than 5 gross acres in size is allowed a onetime exception for
a new 2,000 sq ft building or equivalent imperviousness.
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. The plan shall be amended to delineate the following:
1. Bailey Drive 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 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)
4. The applicant shall show the drainage flow arrows. (Department of Public Works)
5. 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 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: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: September 10, 2018
Re: USR18-0067 Hilton and Laguardia
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for a Home Business
(modification & repair of race cars) in the A (Agricultural) Zone District.
The existing residence is served by an unregistered well and a septic system
permitted for 3 bedrooms (G19700557). The residence will not be utilized for
the business.
The application states that a portable toilet and bottled water will be provided for
customers and part time employees, which is acceptable if EH policy is adhered
to.
According to the application there are no paint or fuels stored on site. There is
no sanding or dust -heavy activities occurring and there are no floor drains in the
building. There will not be storage of oils, other than packaged commercial
products for retail sale.
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.
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
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 and patrons, at all times. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes. The
existing well cannot be used for the business unless it is permitted to
allow commercial use.
8. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater
Treatment Systems.
9. Adequate drinking, hand washing, and toilet facilities shall be provided
for employees and customers, at all times. For 4 or less part-time
employees on site and 10 or less customers per 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 and shall contain hand sanitizers.
10.The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
MEMORANDUM
To: Chris Gathman, Planner August 20, 2018
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR18-0067 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV18-00066) was noted. This
violation was initiated due to the custom automobile repair businesses 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 associated commercial storage and operations from the property.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
COLORADO
Division of Water Resources
Deaa-trnent of Natj at?esources
August 23, 2018
Chris Gathman
Weld County Department of Building and Planning Services
Transmitted via email: cgathman@weldgov.us
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Kevin Rein, P.E.
Director/State Engineer
Re: Adam Hilton and Lashawn Laguardia- Site Specific Development Plan and Use by Special Review
Case no. USR18-0067
Part of SE1 /4, Sec. 26, Ti N, R66W, 6th P.M. (S1/2 Lot 11, Block 1, Jo Ann Subdivision)
Water Division 1, Water District 2
Dear Mr. Gathman,
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.
According to the submitted information, the Applicant is seeking a site specific development plan and special
review permit for a home business (modification and repair of race cars) in the agricultural zone district. The
application material indicates that there is an existing unregistered well located on the property, that
appears to have been in existence prior to May 8, 1972. A Water Supply Information Summary Sheet included
in the referral material indicates that the household use on the property requires 360 gallons per day and the
commercial use requires 5 gallons per day. The proposed business will not use water from the well as bottled
water and portable toilets will be utilized at the site.
As long as no water from the existing well is being used at the site for the commercial business our office has
no objection on this project, however we recommend the applicant applies to register the existing well for
those historical uses as existed prior to May 8, 1972 which have continued since that time.
Should you or the applicant have any questions, please contact loana Comaniciu at (303) 866-3581 x8264.
Sincerely,
Joan a Williams, P.E.
Water Resource Engineer
Ec: Project No. 24842
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state. co. us
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