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Home My WebLink About20192750.tiffMEMORANDUM TO: Maxwell Nader, Planning Services FROM: Hayley Balzano, Public Works DATE: March 19, 2019 SUBJECT: USR19-0013 Olson 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 (landscape business- including the storage of equipment and commercial vehicles) 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 south of and adjacent to CR 8 and is east of CR 17. Parcel number 146921200015. Access is from CR 8. ACCESS Weld County Public Works has reviewed the application materials related to access. The access is proposed to be on County Road 8, approx. 490 feet east of County Road 17. This access is permitted under AP16-00567 as a residential access. The permit will need to be updated for the change in use. 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 8 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. 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 8 counted 167 vpd with 25% trucks. The 85th percentile speed is 54 mph. The traffic information submitted with the application materials indicated that there will be approximately 2 passenger vehicle daily roundtrips. All of the traffic will be going to the west to and from 1-25 on County Road 8. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. 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. A variance request for alternatives to the tracking control requirement can be submitted to Public Works for review and consideration. 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: The applicant has submitted a drainage narrative stating that the site meets drainage exception 23-12- 30.F.1.a.13 for a parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size being allowed a onetime exception for a new 1,000 square foot building or equivalent imperviousness. The applicant is proposing the addition of a new 1000 square foot building as well as a three -sided machine shed with an earth floor. 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. CONDITIONS OF APPROVAL A. The plan shall be amended to delineate the following: 1. County Road 8 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. 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 approved tracking control on the site plan. (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) Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) B. 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: Ben Frissell, Environmental Health Services Date: May 1, 2019 Re: USR19-0013 Landscape Storage Environmental Health Services has reviewed this proposal 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 (landscape business- including the storage of equipment and commercial vehicles) 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. The application indicates that the owners of the business as well as the occupants of the onsite residents will access the site. A portable toilet and bottled water can be used for employees who arc on site for 2 consecutive hours or less and 2 or less full-time employees on site. The residence on the property is serviced by a domestic well (permit 309373) and an existing septic (SP -1800142). If the house's septic system will be used by the business, then an engineer review may be required. Washing or maintenance will not occur on site. Waste materials, chemicals and fuel will not be stored 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. 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. Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-304-6,1I 2 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 9,10-304-64 15 Environmental Health Services Tele:970-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-5452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6452 Public Health 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. 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. Portable toilets shall be screened from existing adjacent residential properties. 7. Any septic system or holding tank located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 8. If the existing septic system is utilized, 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. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations, as applicable. 10. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. MEMORANDUM To: Maxwell Nader, Planner February 27, 2019 From: Hannah Dutrow, Zoning Compliance Officer Subject: USR19-0013 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV18-00140) was noted. This violation was initiated due to the operation of a landscaping business along with associated commercial operations and equipment and vehicle storage 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 violation as upon the last inspection, it was noted that the camper/trailer-RV's are not occupied. 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 Submit by Email Weld County Referral February 11, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: BRANDON OLSON Case Number: USR19-0013 Please Reply By: March 11, 2019 Planner: Maxwell Nader Project: 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 (landscape business- including the storage of equipment and commercial vehicles) 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. Location: SOUTH OF AND ADJACENT TO CR 8; 400 FEET EAST OF CR 17 Parcel Number: 146921200015-R8949329 Legal: PT N2 NW4 SECTION 21 T1 N T67W LOTA REC EXEMPT RECX16-0186 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. ❑ 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 Taw Tamlin, Fire Marshal Agency Fort Lupton Fire Protection District Date 2/21/2019 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax I OII'i' I.0 IT ON ₹•IK₹: '-r I'HUTL.cI KIN DINEt1Ul Date: 2/19/2019 Project name: USR19-0013 Project address: Parcel# 1469-21-2-00-015, Fort Lupton, CO 80621 FLFPD Project # 2019-0014 Plan reviewer: Taw Tamlin, Fire Marshal The Fire District has reviewed the referral submittal USR19-0013 located at Parcel# 1469-21-2-00-015, Fort Lupton, CO 80621. The submittal was reviewed for compliance with 2012 International Fire Code (IFC) and National Fire Protection Association (NFPA) standards as adopted by the Fort Lupton Fire Protection District, the City Council of Fort Lupton, and Weld County Commissioners. The following specific and general requirements and conditions shall be met at time of final county approval. 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 2012 IFC, 503.2.1 2. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. 2012 IFC, 503.2.3 3. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. 2012 IFC, 503.2.3 4. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. 2012 IFC, 503.4 5. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. 2012 IFC, 503.6 6. Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. 2012 IFC, 304.1 7. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. 2012 IFC, 304.1.2 Page 1 of 2 10111I.0 IT ON ₹•IK₹: - I'HU'1'L.CION DINEt1Ul 8. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. 2012 IFC 505.1 Page 2 of 2 COLORADO Division of Water Resources De-oa-trnent of Natj at?esources February 15, 2019 Maxell Nader Weld County Department of Building and Planning Services Transmitted via email: mnader@weldgov.us Re: Brandon Olson - Site Specific Development Plan and Use by Special Review Case no. USR19-0013 Part of N' of the NW 'A, Sec. 21, T1 N, R67W, 6th P.M. -Lot A RECX16-0186 Water Division 1, Water District 2 Dear Mr. Nader, 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 landscape business including the storage of equipment and commercial vehicles in the A (Agricultural) Zone District. The drinking and sanitary needs for the business were not specified. However the referral information listed well permit no. 131570 located on the property. According to our records well permit no. 131570 was canceled upon issuance of well permit no. 309373. Well permit no. 309373 was issued on May 15, 2018 pursuant to § 37-92-602(3)(b)(I), C.R.S., for a 8.48 - acre parcel known as Lot B of the Recorded Exemption No. RECX16-0186, in Weld County. The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings and the irrigation of not more than 43,800 square feet of home gardens and lawns. The annual amount of ground water to be withdrawn from this well is limited to 2.79 acre-feet. Production from this well is limited to the nontributary Laramie -Fox Hills aquifer. The Applicant must clarify if well permit no. 309373 will be used to supply Lot B of RECX16-0186 and the proposed business on Lot A of RECX16-0186. We note that, as permitted well permit no. 309373 cannot be used to serve the proposed business on Lot A of RECX16-0186. If the applicant plans to use well no. 309373 for commercial use, a well permit allowing for such use must first be obtained. The ability for the Applicant to obtain a well permit, and the allowed uses, will be determined at the time that a well permit application is submitted to and reviewed by the State Engineers Office. Should you or the applicant have any questions, please contact loana Comaniciu at (303) 866-3581 x8246. Joan Williams, P.E. Water Resource Engineer Ec: Referral No. 25822 Permit file 309373 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared Polls, Governor Dan Gibbs, Executive Director Kevin G. Rein, State Engineer/Director Hello