HomeMy WebLinkAbout20192286.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Evan Pinkham, Public Works
DATE: March 12, 2019
SUBJECT: USR19-0017 El Colorado View LLC
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 by
Right, Accessory Use and Use by Special Review in the Commercial and Industrial Zone Districts (parking
& staging of vehicles and equipment associated with a Concrete Business) in the A (Agricultural) Zone
District.
This project is north of CR 6 and is east of and adjacent to CR 17.
Parcel number 146921000012.
Access is from CR 17.
ACCESS
Weld County Public Works has reviewed the application materials related to access, and it appears that
the existing access is being utilized.
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 17 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
No traffic counts are available in the area.
The traffic information submitted with the application materials indicated that there will be approximately 7-
8 daily roundtrips with some weekly trips. 95% of the traffic will be going to the east and 5 of the traffic will
be going to the west.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. 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.
ROAD MAINTENANCE AGREEMENT
Public Works is requiring Road Maintenance Agreement including, but is not limited to, dust control and
damage repair to specified haul routes.
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 summarized in a Drainage Report:
The applicant has submitted a preliminary drainage report. A final drainage report and detention pond
design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR
map. The drainage report must include a certification of compliance stamped and signed by the PE. A
Certification of Compliance form can be found on the Public Works Development Review website. General
drainage report checklist is available on the engineering website. More complete checklists are available
upon request.
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. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. (Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. The plan shall be amended to delineate the following:
1. County Road 17 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 operation. (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 accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
6. Show and label the drainage flow arrows. (Department of Public Works)
7. 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)
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 Road Maintenance
Agreement. (Department of Public Works)
6. The Road Maintenance 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: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: March 18, 2019
Re: USR19-0017 El Colorado View LLC
Environmental Health Services has reviewed this proposal for a Site -Specific
Development Plan and Use by Special Review Permit for a Use by Right, Accessory
Use and Use by Special Review in the Commercial and Industrial Zone Districts
(parking & staging of vehicles and equipment associated with a Concrete Business) in
the A (Agricultural) Zone District.
The existing residence on site is served by an individual domestic well (73552) and a
septic system permitted for 2 bedrooms (G19740020). The house will not be utilized by
the business.
The application indicates that there are 2 full time employees for the office and 25
employees that go directly to the job sites. A portable toilet 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. A septic system will be required when the number of on -site
full-time employees exceeds two.
There is no fuel storage or washing of vehicles on site. Business trucks will have
maintenance done off site except for emergency repairs.
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
Health Administration
Vital Records
Icic: 9/U 304 6410
Fax: 9/0-304-6412
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
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 adhere to the maximum permissible noise levels
allowed in the Commercial 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, contain hand sanitizers
and be screened from public view.
7. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater
Treatment Systems.
8. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. The existing well (permit 73552) cannot be used for
the business unless it is repermitted to allow commercial use.
9. All 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.
10.The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
MEMORANDUM
To: Chris Gathman, Planner February 26, 2019
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR19-0017 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV18-00077) was noted. This
violation was initiated due to the operation of a concrete business along with associated commercial
operations, equipment and vehicle storage and employee parking without first completing the necessary
Weld County Zoning Permits. This case has been forwarded to the County Attorney's Office; therefore, an
investigation fee IS 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.
If this application is denied, this case will continue through the Violation process in County Court, Division
C (18-C-35295). The following conditions were called out on the court ordered Motion and Stipulated
Agreement.
Defendants agree to diligently pursue the Use by Special Review application process.
Defendants agree to attend any and all scheduled hearings (Planning Commission and
Board of County Commissioners), which shall be scheduled to occur on or before, August
14, 2019. If the application is approved by the Board of County Commissioners, this case
will be dismissed. If this case is denied, all commercial storage and operations shall be
removed from the property within 30 days of denial by the Board of County Commissioners.
Our next County Court hearing is scheduled for September 16, 2019, Division C.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
Submit by Email
Weld County Referral
V.
February 26, 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: EL COLORADO VIEW LLC Case Number: USR19-0017
Please Reply By: March 26, 2019 Planner Chris Gathman
Project: A Site Specific Development Plan and Use by Special Review Permit for a Use by Right,
Accessory Use and Use by Special Review in the Commercial and Industrial Zone Districts (parking &
staging of vehicles and equipment associated with a Concrete Business) in the A (Agricultural) Zone
District.
Location: East of and adjacent to County Road 17 and approximately 325 feet north of County Road 6.
Parcel Number: 146921000012-R6051986 Legal: 20018E S2SW4SW4 SECTION 21 T1 N R67W 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.
11
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 Jennifer Krieger, AICP
Agency City of Dacono
i
Date
March 15, 2019
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
Submit by Email
Weld County Referral
February 26, 2019
The Weld County Department of Planning Services has received the following item for review:
Applicant: EL COLORADO VIEW LLC Case Number: USR19-0017
Please Reply By: March 26, 2019 Planner: Chris Gathman
Project: A Site Specific Development Plan and Use by Special Review Permit for a Use by Right,
Accessory Use and Use by Special Review in the Commercial and Industrial Zone Districts (parking &
staging of vehicles and equipment associated with a Concrete Business) in the A (Agricultural) Zone
District.
Location: East of and adjacent to County Road 17 and approximately 325 feet north of County Road 6.
Parcel Number: 146921000012-R6051986 Legal: 20018E S2SW4SW4 SECTION 21 T1 N R67W 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 toapplications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
1
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
3/29/2019
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
Fort Lupto,, Fire Protection District
1121 Dei we: bbennn' ton Lupton. C olendo &116 2/
ogre: tabiNS? - '60.; i Lar 00,057- 017.9 • ebilre: wwirfatigitotifire.org
Date: 3/29/2019
Project name: USR19-0017
Project address: 2044 Cr 17, Fort Lupton, Co 80621
FLFPD Project # 2019-0027
Plan reviewer: Taw Tamlin, Fire Marshal
The Fire District has reviewed the submittal review for USR19-0017 located at 2044 Cr 17, Fort
Lupton, Co 80621. The submittal was reviewed for compliance with 2012 international Fire
Code (IM and National Fire Protection Association (NFPA) standards as adopted by the Fort
Lupton Fire Protection District, the City Council of Fort Lupton and the Weld County
Commissioners. The plans are approved with the following specific requirements and
conditions.
Specific Requirements:
1. Any property owner or authorized agent who intends to conduct an operation or
business, or install or modify systems and equipment which is regulated by this code, or
to cause any such work to be done, shall first make application to the fire code official
and obtain the required permit.
2. Construction documents and supporting data shall be submitted in two or more sets
with each application for a permit and in such form and detail as required by the fire
code official. The construction documents shall be prepared by a registered design
professional where required by the statutes of the jurisdiction in which the project is to
be constructed. Information on submitting to the Fire District can be found at
https://fortlu ptonfi re.org/contractors/
3. 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. Where required by the fire code official, 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
(101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 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, .50.5.1
Page 1 of 2
4. New and existing fire apparatus access roads (driveway) for one or two-family dwellings
shall have an unobstructed width of not less than 16 feet (6096 mm), exclusive of
shoulders, except for security gates approved by the fire chief, and an unobstructed
vertical clearance of not less than 13 feet 6 inches (4115 mm). 2012 IFC Section 503.2.1
5. Fire apparatus access road (driveway) shall be designed and maintained to support the
imposed loads of fire apparatus (56,000 pounds) and shall be surfaced so as to provide
all-weather driving capabilities (e.g. gravel, road base or recycled asphalt). 2012 IFC
Section 503.2.3
Please let us know if you have any questions
Respectfully,
Taw Tamlin,
Fire Marshal
Dacono
March 15, 2019
To: Weld County Department of Planning Services
From: Jennifer Krieger, AICP, Community Development Director
RE: U S R 19-0017
Thank you for the opportunity to review USR 19-0017 as site -specific development plan and use by
special review. The site is located within the 3 -mile planning area for the City of Dacono and within the
designated, "Agrarian Living District". Per the City of Dacono adopted Comprehensive Plan, this District
is to be reflective of a rural and exurban lifestyle. Dominant land uses will include large lot residential,
and commercial sales and service facilities. At this time, the City of Dacono does not have additional
comments related to the application.
i
COLORADO
Division of Water Resources
Department of Natural Resources
March 4, 2019
Chris Gathman
Weld County Department of Building and Planning Services
Transmitted via €mail: cgathman@weldgoveus
Re: El Colorado View LLC - Site Specific Development Plan and Use by Special Review
Case no. USR19-0017
Part of S 1/2 SW 1/4 SW 1� , Sec. 21, T1 N, R67W, 6th P.M.
Water Division 1, Water District 2
Dear Mr. Gathman,
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 parking, and staging of vehicles and equipment associated with a
concrete business A (Agricultural) Zone District. The referral information indicated that the property is
served by a well, operating under permit no. 73552.
According to our records, permit no. 73552, was issued on March 8, 1974 domestic purposes. The well
was constructed on April 25, 1974 to a depth of 700 and is producing water from the nontributary
Laramie -Fox Hills aquifer. As long as the business on the property does not have any customers that
require water use or employees, other than the parties living on the site, this office does not have any
objection to the proposed home occupation business. However, note that if the proposed business on
the property, will have customers that require water use or employees, other than the parties living on
the site, well permit no. 73552 cannot be used for a commercial business, since this well is only
permitted for domestic purposes. In such case the Applicant will need to obtain a commercial well
permit that allows for the proposed uses for the property. Any well permit application to change the
use of the existing well or to drill a new well would be evaluated at the time it is received in, and
reviewed by, this office.
Further, the applicant should be aware that any storm water detention structure proposed for this
specific development, 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, attached, 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.
1313 Sherman Street, Room 821, Denver, CO 80213 P 303.866.3581 www.colorado.gov/water
Jared Polls, Governor I Dan Gibbs, Executive Dirk: or I Kevin G. Rein, State Engineer/Director
rr
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Case No. USR19-0017
March 4, 2019
Page 2 of 2
Should you or the applicant have any questions, please contact loana Comaniciu at (303) 866-3581
x8246.
Sincerely,
N
I/Utile- 1L-•
Joanna Williams, P.E.
Water Resource Engineer
Ec: Referral No. 25957
Permit file 73552
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