HomeMy WebLinkAbout20190683.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Evan Pinkham, Public Works
DATE: October 8, 2018
SUBJECT: USR18-0091 B&A 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 Single -
Family Dwelling unit per lot other than those permitted under Section 23-3-20 A. and a use permitted as a
Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts
(an electrical business) 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 and adjacent to CR 38 and is west of and adjacent to CR 33.
Parcel number 105734000047.
Access is from CR 38.
ACCESS
Weld County Public Works has reviewed the application materials related to access, and the accesses on
CR 38 do not meet spacing and width requirements.
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 33 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 Ill, 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 38 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 the following trips
to the site:
Monday- Passenger car/trucks — 10 per day or less
Tuesday -Friday — Passenger car/Trucks — 5 per day or less
Semi -Trucks — 1-2 per week
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 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.
1) Use by Right or Accessory Use in the A (Agricultural) Zone District.
2) Zoning Permits in the A (Agricultural) Zone District.
3) A second dwelling permit in the A (Agricultural) Zone District.
4) Towers including, but not limited to, cell, wind, and telecommunication towers.
5) Pipelines or transmission lines.
6) Gravel pits if the stormwater drains into the gravel pit.
7) Residential developments where all the following conditions exist:
a) Nine (9) lots or fewer.
b) The average lot size is equal to, or greater than, three (3) acres per lot.
c) Downstream roadway criteria are not exceeded.
d) The total post -development imperviousness for the rural residential
development does not exceed ten percent (10%), assuming that all
internal roads and driveways are paved, or will eventually be paved.
8) Development of sites where the change of use does not increase the
imperviousness of the site.
9) URBANIZING areas where the total project stormwater runoff of less than, or
equal to, 5 cubic feet per second (cfs) for the 1 -hour, 100 -year, storm event.
10) NON -URBANIZING areas where the total project stormwater runoff of less
than, or equal to, 10 cfs for the 1 -hour, 100 -year, storm event.
11) Parcels with total area less than, or equal to, a 1.0 gross acre.
12) Individual parcel with an unobstructed flow path and no other parcel(s)
between the Federal Emergency Management Administration (FEMA)
regulatory floodplain channel and the project.
13) A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in
size is allowed a onetime exception for a new 1,000 sq ft building or equivalent
imperviousness.
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.
15) Approved by a variance.
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 33 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. County Road 38 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)
3. 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)
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. The applicant shall show 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)
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: Diana Aungst
From: Lauren Light, Environmental Health Services
Date: September 28, 2018
Re: USR18-0091 Kitzman Electric Inc.
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for One (1) Single -Family
Dwelling per lot other than those permitted under Section 23-3-20.A and a use
permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (an electrical business) 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.
It appears that both residences on the property are serviced by the same existing onsite
wastewater treatment system which is permitted for 3 bedrooms (G19771468). It
appears the existing septic system is utilized for the mother-in-law apartment. An
engineer review is required and if the system is inadequate a repair permit must be
submitted and the system shall be brought up to current requirements. Portable toilets
and bottled water can be used for employees who are on site for 2 consecutive hours or
less and 2 or less full-time employees on site. The application indicates a portable toilet
would be used for the business which is acceptable with EH policy. Central Weld Water
District provides water to the property.
There is no fuel storage or washing of vehicles on site. Business trucks will have oil
changes performed off site.
We recommend that the following requirement be met prior to allowing the plat to be
recorded:
1. The on -site wastewater treatment system permitted as G19771468 shall be
reviewed by a Colorado registered professional engineer to ensure adequacy for
the addition of the second residence. In the event the system is found to be
inadequately sized or constructed, the system shall be brought into compliance
with current regulations.
Health Administration
Vitol 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: 97O -3O4-6452
Public Health
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
regulations.
5. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in Section 14-9-30 of the Weld County Code.
6. A permanent, adequate water 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. In the event the applicant intends to utilize the existing septic system at the
home, for business use, the septic system shall be reviewed by a Colorado
registered professional engineer. 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 system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current
regulations.
9. Adequate hand washing, and toilet facilities shall be provided for employees, at
all times. 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.
10.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
MEMORANDUM
To: Diana Aungst, Planner September 13, 2018
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR18-0091 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV18-00122) was noted. This
violation was initiated due to the presence of an electrical business 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
COLORADO
Division of Water Resources
Deaa-trnent of Natj at?esources
September 12, 2018
Diana Aungst
Weld County Department of Building and Planning Services
Transmitted via email: saungst@weldgov.us
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Kevin Rein, P.E.
Director/State Engineer
Re: BELA Trust, C/O Kitzman Electric, Inc. - Site Specific Development Plan and Use by Special Review
Case no. USR18-0091
Part of SE 1/4 SE 1/4, Sec. 34, T4N, R66W, 6th P.M.
Water Division 1, Water District 2
Dear Ms. Aungst,
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 use by
special review permit for a second single-family dwelling and a permitted use for an electrical business to
store electrical parts and vehicles and has an office in the Agricultural (A) Zone District. The referral
information indicated that the business will employ 10 full time employees and 1 part time office person.
Water to the property is currently provided by the Central Weld County Water District. A septic system is
used for the current residence on the property and a portable toilet is used for the employees on site.
A water bill from Central Weld County Water District was provided with the referral materials, however it's
not clear if the District is committed to supply the water needs for the second dwelling and the proposed
business. A review of our records indicates that two wells operating under permit nos. 69963 and 88046 are
located on the property.
Well permit no. 69963 was issued on July 12, 1973 for domestic purposes. Also well permit no. 88046 was
issued on January 18, 1977 for household use purposes inside one single-family dwelling. Well permit no.
69963 was constructed to a depth of 107 feet and well permit no. 88046 was constructed to a depth of 240
feet. Both well appear to be producing water from the not nontributary Laramie -Fox Hills aquifer. As
permitted well permit nos. 69963 and 88046 cannot be used to serve the proposed business on the property.
If the applicant plans to use well nos. 69963 and 88046 for commercial use, well permits allowing for such use
must first be obtained.
The ability for the Applicant to obtain well permits, and the allowed uses, will be determined at the time
that the well permit applications are submitted to and reviewed by the State Engineers Office.
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state. co. us
Case no. USR18-0091
September 12, 2018
Page 2 of 2
Should you or the applicant have any questions, please contact loana Comaniciu at (303) 866-3581 x8246.
Sincerely, _
//
Joanna Williams, P.E.
Water Resource Engineer
Ec: Permit files 69963 and 88046
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