HomeMy WebLinkAbout20191915MEMORANDUM
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TO: Kim Ogle, Planning Services
FROM: Hayley Balzano, Public Works
DATE: March 27, 2019
SUBJECT: USR18-0126 Simpson Updated Public Works Memorandum
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
The applicant's traffic engineer has submitted an updated Traffic Impact Study and Response to
Comments. The Response to Comments indicates that the submitted Traffic Impact Study does account
for the future potential uses. Due to the all-inclusive nature of the proposed project description, Public Works
is requesting a Development Standard to limit the number of passenger vehicle and truck trips to and from
the site daily, as well as requesting an Improvements and Road Maintenance Agreement to address haul
routes, road damages, dust control, and future off -site improvements if warranted.
The Traffic Impact Study stated that there will be 48 passenger vehicle trips, 2 tandem truck trips, and 16
truck trips per day during the peak use. The trips traveled would warrant a left-hand deceleration lane at
the access to the site and a left-hand deceleration lane on County Road 45 at County Road 90. However,
the existing peak hour traffic on County Road 45 does not exceed 100 vehicles, so section 3.5 of the
Colorado State Highway Access Code states that the auxiliary lane requirements may be waived. Public
Works is willing to waive these auxiliary lane requirements at this time understanding that future reviews of
the improvements agreement the lanes may be required. If it is determined that auxiliary lanes are required,
paving of County Roads may be required.
The traffic engineer has corrected the Traffic Impact Study to remove the reference to County Road 45
being 25 mph.
AMENDED 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, submiscion
(Department of Public Works)
B. The plan shall be amended to delineate the following:
1. County Road 45 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 recording the USR. (Department of Public Works)
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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway improvements are required
prior to -operation: ( -Department of-PubI-i-c W- rk-s)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. Passenger vehicle trips to and from the site shall not exceed 48 round trips per day. Truck trips to and
from the site shall not exceed 18 round trips per day. (Department of Public Works)
12. 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)
2.3. 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)
3.4. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
6. 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)
5.6. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
6.7. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
7.8.The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
MEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Hayley Balzano, Public Works
DATE: February 11, 2019
SUBJECT: USR18-0126 Simpson
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 Mineral
resource development facilities, Oil and Gas Support and Service including Location and operation bases
for businesses whose primary activity includes the following kinds of uses: Parking and maintenance of
exploration, production or workover equipment; Equipment and storage yards for road and pipeline
construction contractors, and production unit set-up and maintenance contractors; Parking and
maintenance for tank and water service companies; Storage and rental yards for pipe and production
equipment; Field offices used by production -related records and maintenance personnel; Agricultural
Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including Fertilizer storage, mixing, blending and sales; Any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
zone districts, (Parking storage and staging of commercial vehicles, General Contractor, storage,
maintenance, repair of construction products and equipment sales and welding operations); any use of a
research, repairing, manufacturing, fabricating, processing, assembling or storage nature may be
conducted outside of an enclosed building, provided that the use and/or operations of the use are screened
from adjacent public rights -of -way and adjacent properties; areas for parking vehicles or equipment, so long
as such parking areas are screened from the adjacent public rights -of -way and on adjacent properties;
outdoor storage when screened from public rights -of -way and adjacent properties 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 and More than the number of cargo containers allowed as a use
by right per legal lot or parcel in the A (Agricultural) Zone District
This project is south of CR 90 and is east of and adjacent to CR 45.
Parcel number 055126000013.
Access is from CR 45.
ACCESS
Weld County Public Works has reviewed the application materials related to access. The existing access
is located on County Road 45, approx. 1900 feet south of County Road 90. This access location is
acceptable. The existing access permit on site, AP14-00161 (Residential) will need to be updated to cover
the proposed uses on the property.
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 45 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 45 counted 43 vpd with 21% trucks. The 85'" percentile speed is 45 mph.
A Traffic Impact Study (TIS) was submitted with application. This TIS summarized traffic activity for the
existing use on the site but did not provide data for future potential uses. The TIS stated that there are 48
passenger vehicle trips, 2 tandem truck trips, and 16 truck trips per day during the peak use. The trips
traveled currently warrant a left-hand deceleration lane at the access to the site and a left hand deceleration
lane on County Road 45 at County Road 90. The author of the TIS states that because the speed of County
Road 45 is 25 mph, the auxiliary lanes are not warranted. Public Works does not have any records indicating
that the speed limit on County Road 45 is 25 mph, so we are requiring the auxiliary lanes.
Because the proposed project description is broad and the TIS does not summarize any future uses or trip
generation, Public Works is requiring that the Improvements Agreement for the site be re -reviewed with
future uses.
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. 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.
This site requires double cattle guards and 100 ft. of road base or road base on all driving surfaces.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works is requiring an Improvements Agreement for current off -site public improvements, triggered
off -site public improvements, road maintenance to the designated haul route, and dust control on the
designated haul route. The off -site public improvements that are required include a left hand deceleration
auxiliary land on County Road 45 at the entrance to the site and a left hand deceleration auxiliary lane on
County Road 45 at the intersection of County Road 90.
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:
The applicant has submitted a drainage narrative stating that the site meets drainage exception 23-12-
30.F.1.a.8 for sites where development of the site does not increase the imperviousness of the site. Any
proposed changes to the site may trigger the requirement of a drainage report and detention pond design.
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. 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 45 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 recording the USR. (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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway improvements are required
prior to operation. (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 Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
6. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and 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: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: January 24, 2019
Re: USR18-0126 Simpson
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for Mineral resource development
facilities, Oil and Gas Support and Service including Location and operation bases for
businesses whose primary activity includes the following kinds of uses: Parking and
maintenance of exploration, production or workover equipment; Equipment and storage
yards for road and pipeline construction contractors, and production unit set-up and
maintenance contractors; Parking and maintenance for tank and water service
companies; Storage and rental yards for pipe and production equipment; Field offices
used by production -related records and maintenance personnel; Agricultural Service
establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including Fertilizer storage, mixing,
blending and sales; Any use permitted as a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial zone districts, (Parking storage and
staging of commercial vehicles, General Contractor, storage, maintenance, repair of
construction products and equipment sales and welding operations); any use of a
research, repairing, manufacturing, fabricating, processing, assembling or storage
nature may be conducted outside of an enclosed building, provided that the use and/or
operations of the use are screened from adjacent public rights -of -way and adjacent
properties; areas for parking vehicles or equipment, so long as such parking areas are
screened from the adjacent public rights -of -way and on adjacent properties; outdoor
storage when screened from public rights -of -way and adjacent properties 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 and More
than the number of cargo containers allowed as a use by right per legal lot or parcel in
the A (Agricultural) Zone District.
The existing residence is served by North Weld Water District and a septic system
permitted (SP -1400153) for 4 bedrooms.
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-304-6412
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 910-301-6-I 1 6
Environmental Health
Services
Tele: 970-304-6415
Fax: 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
The applicant is proposing 6 full-time employees and 14 part time employees. A
commercial septic system will be installed to serve the business.
According to the application maintenance, washing and chemical storage will occur on
site. Fertilizer is not mixed on site and is for delivery only. There are no floor drains in
the building and fuel storage is for agricultural use only.
We recommend that the following requirement be incorporated into the permit as a
condition that must be met prior to operation:
1. An On -Site Wastewater Treatment System (OWTS) is required for the proposed
facility and shall be installed according to the Weld County On -Site Wastewater
Treatment System Regulations. The OWTS is required to be designed by a
Colorado Registered Professional Engineer according to the Weld County On -
Site Wastewater Treatment System Regulations.
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.
5. The facility shall be operated and maintained in a manner to prevent nuisance
conditions.
6. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency.
7. Process wastewater (such as floor drain wastes) shall be captured in a watertight
vault and hauled off for proper disposal. Records of installation, maintenance,
and proper disposal shall be retained.
8. All pesticides, fertilizer, and other potentially hazardous chemicals must be
handled in a safe manner in accordance with product labeling and in a manner
that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
9. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. Sewage disposal shall be by
septic system. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems. A permanent, adequate water supply shall be provided for drinking
and sanitary purposes.
10.The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S.
11.The facility shall comply with the Colorado Department of Agriculture Rules and
Regulations pertaining to Fertilizers (8 CCR 1202-4).
12.The facility shall comply with all provisions of the State Underground and Above
Ground Fuel Storage Tank Regulations.
13.The facility shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
MEMORANDUM
To: Kim Ogle, Planner January 9, 2019
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR18-0126 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV18-00072) was noted. This
violation was initiated due to the presence of a commercial 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
MEMORANDUM
To: Kim Ogle, Planner February 25, 2019
From: Jose Gonzalez, Assistant Building Official
Subject: USR18-0126 Referral, 43646 CR 45, Ault, CO
After review of property files, building permit records, and assessor's records, building department has the
following comments:
Prior to recording the USR map the following shall be required;
A Commercial Permit application for a Change of Use permit will be required for the shop being used for
the Business Operation.
The structure being used for the business is approximately 13200 square feet. It appears that the structure
was built between 2014 and 2015. A Building Permit is on record for the construction of a structure
(approximately 12000 square feet) as a personal storage and included radiant heat. A commercial building
permit will be required for the structure. A Code Analysis stamped by an Architect licensed in the State of
Colorado shall be provided, along with a complete floor plan with accurate dimensions for all rooms and
uses labeled for the entire structure.
Additionally, applicant shall submit plans for Plumbing, Electrical, and Mechanical systems. Compliance
with Energy Code (Com-Check Reports) shall also be submitted along with Permit application.
As -Built Reports shall be submitted for work completed without building permits.
Proof of Fire District Notification shall be provided with Building Permit, and Fire District Approval will be
required prior to Certificate of Occupancy.
Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2018 International Residential Code, 2018 International Building
Code, 2018 International Mechanical Code, 2018 International Plumbing Code, 2018 International
Plumbing Code, 2018 International Fuel Gas Code, 2006 International Energy Conservation Code, and
2017 National Electrical Code
SERVICE, TEAMWORK, INTEGRITY, QUALITY
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