HomeMy WebLinkAbout20190169.tiffMEMORANDUM
To: Michael Hall, Planner July 25, 2018
From: Hannah Dutrow, Zoning Compliance Officer
Subject: USR18-0071 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV18-00085) was noted. This
violation was initiated due to the presence of a commercial storage 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
MEMORANDUM
TO: Michael Hall, Planning Services
DATE: August 21, 2018
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0071 Kuersten
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 (construction business storage yard for trucks, trailers, pipe, materials and equipment)
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 29 and is south of CR 46.
Parcel number 105716300049.
Access is from CR 29.
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
upgraded existing access point meet the spacing requirements. A new access permit will be required for
the upgrade from residential to commercial. 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 29 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 20
daily roundtrips.
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 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.
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.
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. The plan shall be amended to delineate the following:
1. County Road 29 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 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: August 13, 2018
Re: USR18-0071 Kuersten
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 (construction business storage yard for
trucks, trailers, pipe, materials 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.
There is not a residence on site, but the applicants are planning to build a home
in the future. Employees will come to the site to drop off or pick up trucks and
equipment. A portable toilet and bottled water is acceptable in accordance with
EH policy.
The application states that there will be no fuel, waste or chemical storage.
Washing of vehicles or equipment will not occur on site.
We recommend that the following requirements be incorporated into the permit
as development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and
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 facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code and the
accepted waste handling plan.
4. Fugitive dust should attempt to be confined on the property. Uses on
the property should comply with the Colorado Air Quality Commission's
air quality regulations.
5. The facility shall adhere to the maximum permissible noise levels
allowed in the Residential Zone as delineated in 25-12-103 C.R.S.
6. Adequate drinking, hand washing and toilet facilities shall be provided
for employees, at all times. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to
On -site Wastewater Treatment Systems.
7. For employees or contractors on site for less than 2 consecutive hours
a day, and 2 or less full-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. The existing well (permit 2679999) cannot be used
for the business unless it is repermitted to allow commercial use.
9. The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
COLORADO
Division of Water Resources
=:epa i er2t of Natural Resources
July 25, 2018
Michael Hall
Weld County Department of Building and Planning Services
Transmitted via email:
mhall@weldgov.com
RE: John Et Alice Kuersten Site Specific Development Plan
Case no. USR18-0071
SW1/4, Sec. 16, T4N, R66W, 6th P.M. (Lot B of RECX15-0156)
Water Division 1, Water District 2
Dear Mr. Hall,
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Kevin G. Rein, P.E.
Director/State Engineer
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 physical
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 above referenced proposal is for 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
(construction business storage yard for trucks, trailers, pipe, materials and equipment). The
drinking and sanitary needs of the business will be met using bottled water and portable toilets.
The referral information also included a copy of well permit no. 267999. According to the
provided plat map, well 267999 is located on Lot C of RECX15-0156 at a location more than 200
feet from the permitted well location and at a location that is not on the property claimed by the
well permit.
Well permit no. 267999 was issued on March 13, 2006 pursuant to § 37-92-602(3)(b)(II)(A), C.R.S.,
as the only well on a tract of land of 40 acres described as the Ni /2 of the Ni /2 of the SW1 /4,
Section 16, Township 4 North, Range 66 West, 6th P.M, Weld County. The well was permitted to
be used for fire protection, ordinary household purposes inside not more than three single family
dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the
irrigation of not more than one acre of home gardens and lawns. As permitted well 267999 cannot
be used to serve the commercial business.
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state. co. us
John Et Alice Kuersten Site Specific Development Plan Page 2 of 2
July 25, 2017
As specified in our December 9, 2015 letter to the County in regards to RECX15-O156, attached,
well 267999 must be re -permitted to claim only land on which the well is located. On March 16,
2017 Thomas Haren submitted a well permit application to re -permit well 267999, however the
application could not be processed until additional information was provided. The additional
required information was the re -permitting of wells 267997 and 267998 since the land area
claimed on the well permit application (125.47 acres being Lot C of RECX15-0156) is encumbered
by both wells 267997 and 267998. This requirement was communicated to the applicants agent by
email dated April 6, 2017. Since wells 267997 and 267998 are constructed into the not
nontributary Laramie -Fox Hills aquifer the maximum use of the wells would be household use only
inside a single family dwelling unless a court approved augmentation plan is obtained.
We request that the current owner of well 267999 contact the Division of Water Resources and
provide the necessary information to allow well 267999 to be repermitted to claim the land on
which it is located.
The applicant should be aware that any storm water detention structure for this location, must
meet the requirements of a "storm water detention and infiltration facility" as defined in section
37-92-602(8), Colorado Revised Statutes, in order for the structure to be exempt from
administration by this office. The applicant should review DWR's Administrative Statement
Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in
Colorado, to ensure that the notification, construction and operation of the proposed structure
meets statutory and administrative requirements. The applicant is encouraged to use Colorado
Stormwater Detention and Infiltration Facility Notification Portal, located at
https://maperture.digitaldataservices.com/gvh/?viewer=cswdif, to meet the notification
requirements.
Any well permit application will be evaluated at the time they it is received in this office. If you,
or the applicant, have any questions please contact me at 303-866-3581 x8265.
Sincerely,
Joanna Williams, P.E.
Water Resource Engineer
Cc: File for permit no. 267999
Division of Water Resources
Deoartmer;f o:` Natural Resources
1313 Sherman Street, Room 821
Denver, CO 80203
December 9, 2015
Permit no. 267999
Receipt no. 3600124C
Ryder Reddick
Weld County Department of Building and Planning Services
Transmitted via email:
rreiddick@co.weld.co.us
RE: Thomas Haren Three Lot Recorded Exemption
Case no. RECX15-O156
SW1/4, Sec. 6, T4N, R66W, 6th P.M.
Water Division 1, Water District 2
Dear Mr. Reddick,
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 physical 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 above referenced proposal is to create by
exemption three lots of approximately 6.5 acres (Lot A), 10 acres (Lot B) and 122.5 acres (Lot
C). The proposed water supply for all three lots is the well constructed under permit no.
267999.
Well permit no. 267999 was issued on March 13, 2006 pursuant to § 37-92-602(3)(b)(II)(A),
C.R.S., as the only well on a tract of land of 40 acres described as the Ni /2 of the Ni /2 of
the SW1 /4, Section 16, Township 4 North, Range 66 West, 6th P.M, Weld County. The well
was permitted to be used for fire protection, ordinary household purposes inside not more
than three single family dwellings, the watering of poultry, domestic animals and livestock on
a farm or ranch and the irrigation of not more than one acre of home gardens and lawns.
Upon approval of this recorded exemption, the parcel on which the well is located will no longer
include the entire land area claimed by the permit. A division of land by Subdivision
Exemption that can create a conflict between the continued legal operation of the existing
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3584 www.water.state.co.us
Thomas Haren Three Lot Recorded Exemption
December 9, 2015
Page 2 of 2
well on one of the newly -created parcels and the evaluation of a new well permit for another
of the newly created parcels. Therefore, upon completion of the exemption from platting,
well no. 267999 must be re -permitted to claim only land that is part of the newly created lot.
Our office recommends that, at a minimum, the requirement that the existing well with
permit no. 267999 must be repermitted be recorded on the plat and made available to
anyone purchasing/owning the lot.
According to our records there are two existing wells located in the SW1 /4 of Section 16,
Township 4 North, Range 66 West that may affect the ability of Lots A, B and C to obtain well
permits. Those welts were approved under permit nos. 267997 and 267998. Well permit no.
267997 was issued on March 13, 2006 pursuant to § 37-92-602(3)(b)(II)(A), C.R.S., as the only
well on a tract of land of 38 acres being the SW1 /4 of the SW1 /4, Section 16, Township 4
North, Range 66 West, 6th P.M. less two acres in the northwest portion of the
quarter/quarter. Well permit no. 267998 was issued on March 13, 2006 pursuant to § 37-92-
602(3)(b)(II)(A), C.R.S., as the only well on a tract of land of 42 acres being the 51 /2 of the
N1/2 of the SW1 /4, Section 16, Township 4 North, Range 66 West, 6th P.M, Weld County plus
the two acres in the SW1 /4 of the SW1 /4 that was exctued from the land area claimed by
permit no. 267997.
Any welt permit applications for the proposed lots will be evaluated at the time they are
received in this office. If you, or the applicant, have any questions please contact me at 303-
866-3581 x8265.
Sincerely,
ta,a,
Joanna V illiams, P.E.
Wate `esource Engineer
Cc: File for permit no. 267999
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state_co.us
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