HomeMy WebLinkAbout20193883.tiffMEMORANDUM
TO: Maxwell Nader, Planning Services
FROM: Evan Pinkham, Public Works
DATE: June 26, 2019
SUBJECT: USR19-0042 Gerstberger
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 one (1) single-
family dwelling unit per lot other than those permitted under section 23-3-20.a (second single-family
dwelling unit) in the A (Agricultural) Zone District.
This project is north of Rue De Trust and is east of and adjacent to CR 5.
Parcel number 146709200090.
Access is from CR 5.
ACCESS
Weld County Public Works has reviewed the application materials related to access, and the existing
access on CR 5 is permitted under AP16-00239.
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. 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 5 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a collector road, which requires 80 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.
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.
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:
The applicant has submitted a drainage narrative stating that the site meets drainage exception 23-12-
30.F.1.a.3 for a second dwelling permit in the A (Agricultural) Zone District.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
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. County Road 5 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 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, approved access width and the appropriate turning
radii (25') 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. Show and label the drainage flow arrows. (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 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)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Maxwell Nader
From: Lauren Light, Environmental Health Services
Date: June 20, 2019
Re: USR7 9-0042 Gerstberger
Environmental Health Services has reviewed this proposal for a Site -Specific
Development Plan and Use by Special Review Permit for a Second Single -Family
Dwelling unit per lot other than those permitted under Section 23-3-20.A (second single-
family dwelling unit) in the A (Agricultural) Zone District.
Both homes will be served by Left Hand Water District. The applicant is responsible to
adhere to Left Hand Water District requirement to upgrade the existing tap to % inch.
The On -site Waste Water Treatment System (OWTS) for the existing residence is
permitted for 5 bedrooms (SP -1600296). The second residence will be served by an
OWTS.
We recommend that the following requirements be incorporated into the permit;
Prior to the issuance of the Certificate of Occupancy:
A. An on -site waste water treatment system is required for the proposed
residence and shall be installed according to the Weld County On -site
Waste Water Treatment System Regulations.
We recommend that the following requirements be incorporated into the permit as
development standards:
1. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
2. Any On -site Waste Water Treatment System located on the property must
comply with all provisions of the Weld County Code, pertaining to Onsite Waste
Water Treatment Systems.
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
MEMORANDUM
To: Maxwell Nader, Planner May 29, 2019
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR19-0042 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV19-00074) was noted. This
violation was initiated due to presence of a second dwelling unit (manufactured home) 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 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 the second home.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
ST. VRA VALLEY SCHOOLS
academic excellence by design
5/29/2019
Maxwell Nader, Planner
Weld County Planning Dept
1555 N 17th Ave
Greeley CO 80631
RE: USR19-0042, Gerstberger
Dear Maxwell
Thank you for referring the USR19-0042, Gerstberger to the School District. The District has reviewed the
development proposal in terms of (1) available school capacity, (2) required land dedications and/or cash -in -lieu
fees and (3) transportation/access considerations. After reviewing the above proposal, the School District finds
Soaring Heights K5 Soaring Heights 6-8 and Erie High School will not exceed the benchmark.
General Comments:
Soaring Heights will exceed the capacity benchmark within the next 5 years, the SVVSD has options to mitigate
overcrowding. Please see the attached page for more information. No land dedication is due, CIL payments are
calculated on the next page.
Detailed information on the specific capacity issues, the land dedication requirements and transportation impacts for
this proposal follow in Attachment A. The recommendation of the District noted above applies to the attendance
boundaries current as of the date of this letter. These attendance boundaries may change in the future as new
facilities are constructed and opened. If you have any further questions or concerns regarding this referral, please
feel free to contact me via e-mail at kragerud ryan@svvsd.org or at the number below.
Sincerely,
Ryan Kragerud, AICP
Planning/GIS
Enc.: Attachment A — Specific Project Analysis
Cash -in -lieu chart
ST. VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT. 395 SOUTH PRATT PARKWAY, LONGMONT, CO 80501. SCOTT
TOILLION, DIRECTOR. PHONE 303-682-7229. FAX 303-682-7344.
ATTACHMENT A - Specific Project Analysis
PROJECT: USR19-0042, Gerstberger
(1) SCHOOL CAPACITY
The Board of Education has established a District -wide policy of reviewing new development projects in terms of the impact
on existing and approved school facilities within the applicable feeder system. Any residential project within the applicable
feeder that causes the 125% school benchmark capacity to be exceeded within 5 years would not be supported. This
determination includes both existing facilities and planned facilities from a voter -approved bond. The building capacity,
including existing and new facilities, along with the impact of this proposal and all other approved development projects for
this feeder are noted in the chart below.
SOARING HEIGHTS PK-8
CAPACITY INFORMATION
CAPACITY BENCHMARK"
(includes projected students, plus developments student impact)
School Building Stilts. Stdt.
Level Capacity Oct -18 Impact
2018-19
Stilts Cap_
2019-20
Stdts Cap_
2020-21
Stdts Cap_
2021-22
Stdts Cap_
2022-23
Stdts Cap.
Elementary (SHpK-5::
600
662
1
687
115%
720
120%
743
124%
765
127%
785
131%
Middle (SHt-IS 6-3:.
300
338
0
456
1524-0
415
13E%
408
1389-0
420
140%
433
114%
High (EHS;
1512
13=9
0
1454
96%
1505
100%
1548
102%
1590
105%
1631
10.S
—otel
2=12
1
2597
2640
2699
2775
2•E49
Specific comments concerning this proposal regarding School Capacity are as follows:
® Specific Impact - This applicationwill add 1 additional residential unit(s) and yield 1 additional student(s) in the
Erie High School feeder.
® Benchmark Determination — the affected schools will exceed the benchmark within 5 years.
® Mitigation Options - NA
® Phasing Plan — NA
(2) LAND DEDICATIONS AND CASH IN -LIEU FEES
The implementation of the Intergovernmental Agreement (IGA) Concerning Fair Contributions for Public School
Sites requires that the applicant either dedicate land directly to the School District along with provision of the
adjacent infrastructure and/or pay cash -in -lieu (CIL) fees based on the student yield of the development.
CIL fees provide funds for land acquisition and water rights acquisition, which is only a small component of
providing additional school capacity for a feeder. Specific comments regarding land dedications and CIL fees for
this referral are as follows:
A Dedication and/or Cash -in -lieu Requirements —A land dedication isn't required. Cash -in -lieu
payments are required for all 1 residential units. Please see the attachments for
additional information.
Cash -in -Lieu per unit payment by housing type: Longmont
® Housing type:
Cash in lieu payment
Units proposed
Cost
® Single Family Unit
$970
1
$ 970
® Duplex/Triplex Unit
$846
N Multi -Family Unit
$589
N *Condo/TH Unit
$347
N Mobile Home Unit
$785
Total = $ 970
*TH = Townhouse
® Dedication/Cash-in-lieu Procedures — Additional Cash in Lieu payment information can be found on the
attached page. If discrepancies exist please call 303-682-7229. CIL payments can be made at the St.
Vrain Schools Business office located at 395 5. Pratt Parkway, Longmont CO 80501
3) TRANSPORTATION/ACCESS
Transportation considerations for a project deal with bussing and pedestrian access to and from the project. Pedestrian
access, in particular, is an important goal of the School District in order to facilitate community connection to schools and
to minimize transportation costs. Specific comments for this application are as follows:
N Provision of Busing - Busing for this project, under the current boundaries, will be provided at the elementary middle
& high School
N Pedestrian/Access Issues— none
ST. VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT. 395 SOUTH PRATT PARKWAY, LONGMONT, CO 80501. SCOTT
TOILLION, DIRECTOR. PHONE 303-682-7229. FAX 303-682-7344.
May 28, 2019
The Weld: County Department of Planning Services has received; the following item for review::'
Applicant: JOSHUA GERSTBERGER Case Number: USR19-0042
• Please Reply By: June .26, 2019 •Planner:.Maxwell' Nader '
Project'. A SITE SPECIFIC.DEVELOPMENT PLAN AND USE BY.SPECIAL REVIEW PERMIT FOR •
ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE. PERMITTED UNDER
SECTION 23-3-20'.A (SECOND SINGLE-FAMILY DWELLING UNIT) IN. THE A (AGRICULTURAL)
, ZONE DISTRICT.
Location: EAST OF AND ADJACENT TO CR 5; APPROXIMATELY 0.5 MILES NORTH OF CR 10 .
Parcel Number: 146709200090-R8946707 Legal: LOTA REC EXEMPT RECX16-0072, PART.NW4 •.'
SECTION 9, TIN, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your` recommendation. • Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning'
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information. may .be added to applications
under review during the review process. If you desire to examine or obtain this .additional •
information, please call the Department of`Planning Services.
E
We have reviewed the request and find that it does /does not comply with our Comprehensive'
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter
Signature CA- 01 c` Date CO l 1 \
Agency ‘M4
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Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
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