HomeMy WebLinkAbout20194365.tiff MEMORANDUM
TO: Chris Gathman, Planning Services
1861
FROM: Mike McRoberts, P.E., Public Works
DATE: September 30, 2019
SUBJECT: USR19-0052 Guest Family Trust
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, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (Storage of Firewood and parking and staging of up to three (3) 3/4 ton pickup trucks and a
trailer) in the A(Agricultural)Zone District.
This project is north of and adjacent to CR 20 and is west of and adjacent to CR 47 1/2.
Parcel number 130713000015.
Access is from CR 47 1/2.
ACCESS
The applicant is proposing to use an existing access on County Road 47 1/2.
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 location with Public Works prior
to laying out your site plan. Per Chapter 12, Article V, Section 12-5-30. F, when feasible, there shall be no
net increase in the number of accesses to a public road. Minimum access spacing widths are shown in
Weld County Code Appendix Table 12A-2. Please refer to Chapter 12 of the Weld County Code for more
information regarding access.
ROADS AND RIGHTS-OF-WAY
County Road 47.5 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.
County Road 20 is a section line that may have right-of-way. 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 as "Non-Maintained Section Line Right-of-Way." All right-of-way should be
verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not
occur. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and
this information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat
the existing right-of-way and physical location of roads to be used. 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 roadway many not be centered in the right-of-way. This
right-of-way is NOT 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 47 1/2 (where it ties into CR 18 1/2) counted 156 vpd with 27% trucks. The 85' percentile
speed is 32 mph.
The traffic information submitted with the application materials indicated that there will be approximately 3
weekly 3/4-ton pickup truck roundtrips. County Road 47 1/2 (which turns into County Road 18 'A for
approximately 1,300 linear feet)has access on County Road 49. 50%of the traffic will be going to the north
on Country Road 49 and 50% of the traffic will be going to the south on County Road 49.
TRACKING CONTROL
This project does not trigger the need for upfront tracking control.
ROAD MAINTENANCE AGREEMENT
Public Works is not requiring a Road Maintenance Agreement with this project.
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.
The applicant has submitted a drainage narrative stating that the site meets drainage exception 8-11-40.1.11
for individual parcels with an unobstructed flow path and not other parcel between the Federal Emergency
Management Administration (FEMA) regulatory floodplain channel and the project.
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. The plan shall be amended to delineate the following:
1. County Road 47 1/2 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. County Road 20 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld
County. Any unmaintained road needs to be located/identified in relationship to the right-of-way.
Show and label the section line Right-of-Way as "CR 20 Section Line Right-of-way, Not County
Maintained". (Department of Public Works)
3. Show and label the preliminarily approved access location, access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the approved
location prior to operation. (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. 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)
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 historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
At/ 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 18, 2019
Re: USR19-0052 Guest Family Trust
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, (Storage of Firewood and parking and staging of up to three (3) 3/4 ton
pickup trucks and a trailer) in the A (Agricultural) Zone District.
The existing residence is served by a domestic well and a septic system permitted for 3
bedrooms (SP-1600125). A portable toilet is required for employee use. The existing
well cannot be used for the business unless it is repermitted to commercial.
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 facility 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
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning g Response
Icic:9/U 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470
Fax: 9/0-304-6412 Fax: 910-304-6416 Fax: 970-304-6411 Fax. 970-304-5452 Fax: 970-304-6452 Public Health
regulations.
5. Adequate drinking, handwashing and toilet facilities shall be provided for
employees of the facility, at all times. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining
to Onsite Waste Water Treatment Systems.
6. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. The existing well (permit 70900) cannot be used for the
business unless it is repermitted for business use.
7. For employees or contractors on site for less than 2 consecutive hours a day,
portable toilets and bottled water are acceptable. Records of maintenance
and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld
County, contain hand sanitizers and be screened from existing adjacent
residential properties and public rights-of-way.
8. The operation shall comply with all applicable rules and regulations of State
and Federal agencies and the Weld County Code.
MEMORANDUM
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To: Chris Gathman, Planner September 4, 2019
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR19-0052 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV19-00081)was noted. This
violation was initiated due to the storage of tree trimming equipment, vehicles, supplies and some
materials along with employee parking without first submitting the required land use 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,completion of conditions of approval
and recordation of the final map would correct the violations.
If this application is denied,staff asks that this case be forwarded to the County Attorney's Office for legal
action, but to delay legal action for 30 days to all them time to remove all commercial vehicles,equipment,
supplies, storage and operations from the property.
SERVICE.TEAMWORK.INTEGRITY.QUALITY
181 MEMORANDUM
,.OT"-^ TO: Chris Gathman DATE: October 10, 2019
i_ TY FROM: Diana Aungst, CFM
�z -u j r Y SUBJECT: USR19-0052, Guest Family Trust
PROJECT:
A Site Specific Development Plan and Use by Special Review Permit for a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (Storage of
Firewood and parking and staging of up to three(3)3/4 ton pickup trucks and a trailer)in the A(Agricultural)
Zone District.
PARCEL: 130713000015
PRIOR TO CONSTRUCTION:
1. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services -
Floodplain)
DELINEATE ON THE PLAT:
1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
DEVELOPMENT STANDARDS:
1. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map#08123C-1975E effective date January 20, 2016 (Box Elder Creek Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of Planning
Services- Floodplain)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities,the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
COLORADO
slits_ Division of Water Resources
Department of Nalurat Resources
September 9, 2019
Chris Gathman, Planner
Weld County Department of Planning Services
Transmission via email: cgathman@weldgov.com
Re: Justin Dickmann - Use by Special Review Permit Application
Case No. USR19-0052
Part of the SW 1/4 of Section 13, T2N, R65W, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Gathman:
We have received your August 30, 2018 request concerning the above-referenced use by special
review proposal. According to the submitted information, the applicant is seeking a Site Specific
Development Plan and Use by Special Review Permit for commercial or industrial use (storage of
firewood and parking and staging of up to three pickup trucks and a trailer) on a 154-acre parcel
located in the 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.
According to the submitted material, bottled water is provided to employees. No other water source,
proposed uses, or estimated water requirements were specified. As a copy of well permit no. 70900
was provided, it is assumed that the existing well permitted under permit no. 70900 is a proposed
water supply in addition to bottled water. Well permit no. 70900 was issued August 24, 1973 pursuant
to §37-92-602, C.R.S. for a well on a 160-acre parcel described as the SW 1/4 of Section 13, Township
2N, Range 65W, 6th P.M. According to a memo from this office dated June 30, 2015, this well is
permitted for domestic use inside up to three (3) single family dwellings, the irrigation of not more
than one acre of lawn and garden and domestic animal watering. The well is permitted for the
withdrawal of 3 acre-feet per year with a maximum pumping rate of 15 GPM. The proposed uses of
the well were not clearly defined therefore our office could not determine if such uses are consistent
with those allowed by the well permit. If such uses are to be commercial in order to serve the
employees on site or industrial, the well must be re-permitted for commercial use and/or industrial
use. Additionally, it is suggested that the well, permit no. 70900, be re-permitted consistent with
the size of the 154-acre parcel on which the well is located.
A review of well permits on the parcel found well permit nos. 106-WCB, 792-WCB, 12172-R and 12173-
R. Well permit no. 792-WCB was issued July 12, 1956 for a well located in the NE 1/4 of the SW 1/4 of
Section 13, Township 2N, Range 65W, 6th P.M. This well is permitted for domestic use. This well,
as permitted, cannot be used for industrial or commercial use.
llG- 'of,rJ..
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water
Jared S. Pol is, Governor Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director
Case No. USR19-0052September 9, 2019
Page 2 of 2
Well permit no. 106-WCB was issued November 4, 1954 for a well located in the SE 1/4 of the SW 1/4 of
Section 13, Township 2N, Range 65W, 6th P.M. This well is permitted for irrigation. The well, as
permitted, cannot be used for industrial or commercial use.
Well permit no. 12172-R was issued April 12, 1960 for the registration of an existing well located in
the SW 1/4 of the SW 1/4 of Section 13, Township 2N, Range 65W, 6th P.M. The well is also decreed as
Well No. 1-12172 in Division 1 Water Court case no. W-673. This well was first put to beneficial use
in June of 1951 for irrigation and has a maximum pumping rate of 900 GPM. According to the records
available in our office the well is covered under the court approved augmentation plan decreed in
Division 1 Water court case no. 02CW335. This well must be operated in accordance with the well
permit, decree in case no. W-673 and augmentation plan decreed in case no. 02CW335.
Well permit no. 12173-R was issued April 12, 1960 for the registration of an existing well located in
the SE 1/4 of the SW 1/4 of Section 13, Township 2N, Range 65W, 6th P.M. The well is also decreed as
Well No. 2-12173 in Division 1 Water Court case no. W-673. This well was first put to beneficial use
in April of 1955 for irrigation and has a maximum pumping rate of 500 GPM. According to the records
available in our office the well is covered under the court approved augmentation plan decreed in
Division 1 Water court case no. 02CW335. This well must be operated in accordance with the well
permit, decree in case no. W-673 and augmentation plan decreed in case no. 02CW335.
Since wells 106-WCB, 792-WCB, 12172-R and 12173-R are not permitted for commercial or industrial
use they cannot be used to serve the business. If the applicant plans to use wells 106-WCB, 792-
WCB, 12172-R and 12173-R for commercial or industrial use, a well permit allowing such uses must
first be obtained. The ability of the property owner to obtain well permit(s), and the allowed uses
of the well(s), will be determined at the time that the well permit application(s) are submitted to
and reviewed by the State Engineers Office.
If you or the applicant have any questions, please contact Wenli Dickinson at 303-866-3581 x8206.
Sincerely,
,y1
Joanna Williams, P.E.
Water Resources Engineer
Ec: Subdivision file 26689
Well permit nos. 106-WCB, 792-WCB, 12172-R and 12173-R
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