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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 , N. 1876 • *J #: 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 Hello