HomeMy WebLinkAbout20180222.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
DATE: November 14, 2017
FROM: Hayley Balzano, E.I., Development Engineer
SUBJECT: USR17-0057 Bellah
The Weld County Department of Planning Services -Engineering 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: Dog Boarding, Breeding, and Kennel, Permit Second Dwelling (Former NCU)
This project is west of and adjacent to County Road 53 and is south of County Road 42.
Parcel number: 105329100010
Drainage Requirements:
Please contact Department of Planning Services/Engineering Development Review for questions or
assistance for drainage requirements at 970-353-6100.
URBANIZING VS NON -URBANIZING DRAINAGE AREA:
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 Variance Request. The engineer states that the addition of 4720
square feet on a parcel of this size, with type A soils will not have negative impact on downstream
properties.
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 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
Planning Department 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, Rik Gay, 303-692-
3575.
Geologic Hazard Area:
This area IS NOT in a Geologic Hazard Area.
Floodplain:
This area IS NOT in a FEMA regulatory floodplain.
CONDITIONS OF APPROVAL:
A. The plan shall be amended to delineate the following:
1. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer)
2. Show and label the parking. (Department of Planning Services -Engineer)
Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
MEMORANDUM
TO: Kim Ogle, Planning Services DATE: November 6, 2017
FROM: Evan Pinkham, Public Works
SUBJECT: USR17-0058 Bellah
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 KENNEL (BREEDING, BOARDING AND TRAINING OF UP TO 100 DOGS) AND ONE SINGLE
FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A
(SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT
This project is west of and adjacent to CR 53 and is south of CR 42. Parcel number 105329100010.
Access is from CR 53.
ACCESS
Access recommendation: The utilization of the shared access location between Lots B & C is preferable
by PW. The current access locations farther south on CR 53 for Lot B RECX17-0018 do not meet safety
spacing criteria.
An Access Permit application was submitted with the application materials. Public Works will review the
application and provide an access permit and permit number if approved. Questions concerning access
requirements can be directed to Public Works access permit division.
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.
For new accesses and/or change of use of an existing access, the fee and photos are required (photo
looking left and right along roadway from the access point and looking in to and out of the access point).
These photos are used to evaluate the safety of the access location. Access permit instructions and
application can be found at https://www.weldgov.com/departments/publIc works/permits/. Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design
guidance, which can be accessed at: https://www weldgov com/departmerits/public works/engineering/.
For shared accesses, Public Works strongly recommends the property owner establish an access road
maintenance agreement so future owners of the properties will be aware of their requirements for shared
maintenance of the access road. This is not a requirement, but is recommended to avoid property owner
conflicts in the future.
Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, 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.
ROADS AND RIGHTS -OF -WAY
County Road 53 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
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 53 was taken on 8/11/2016 which counted 467 vpd with 32% trucks.
The traffic information submitted with the application materials indicated that there will be approximately
less than 1 daily roundtrips associated with the kennel.
TRACKING CONTROL POLICY
Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of
a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road
base. Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards
are listed below. Temporary Tracking Control shall be used during construction unless permanent tracking
control is installed ahead of construction activities.
Less than 20 passenger vehicle round trips/day, no upfront tracking control requirements.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works may require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• Construction Maintenance Agreement
• Access Improvements Agreement
An Improvements Agreement is required for sites with required offsite improvements per Chapter 12, Article
V, 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.weldclov com/UserFiles/Servers/Server 6/File/Departments/Publie/020Works/DevelopmentR
eviewlsprusr.pdf. It will detail the approved haul route(s), outline when offsite 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.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including, but not limited to dust control, tracking control, damage repair,
specified haul routes and future traffic triggers for improvements will be included. (Department of Public
Works)
B. The plan shall be amended to delineate the following:
1. County Road 53 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County. (Department of Public
Works)
2. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii (60')
on the site plan. (Department of Public Works)
3. 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)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite 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)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Ben Frissell, Environmental Health Services
Date: October 31, 2017
Re: USR17-OO58 Bellah
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review for a kennel (breeding, boarding and
training of up to 100 dogs) and one single family dwelling unit per lot other than those
permitted under Section 23-3-20.A (second single family swelling unit in the A
(Agricultural) Zone District.
There is one home on the site and a request to change the nonconforming use of the
2nd residence to a permitted 2nd dwelling on the property for a total of two residences on
the site. Both residences are serviced by a domestic well (permit 92244). The well is
permitted to serve not more than three single family dwellings. The residences are
serviced by individual on -site wastewater treatment systems, (G-19930319 and SP -
1700089). Per the application, the septic systems will not be used for the business. The
applicant is proposing up to 2 employees onsite. Bottled water and portable toilets will
be provided for employees and visitors to the business which is acceptable.
The applicant is proposing a portable office. The office comes equipped with a
restroom, however, this will not be utilized.
A current Pet Animal Care Facilities Act (PACFA) license is required.
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
Health Administration
Vital Records
lot: 9/U 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9i0-301-64 16
Environmental Health Communication,
Services Education & Planning
Tele:970-304-6415 Tele:970-.304-6470
Fux: 970-304-6411 Fox. 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6452
Public Health
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 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, volunteers and the public, at all times. For employees,
public or volunteers 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.
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. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes.
8. Animal and feed wastes, bedding, debris and other organic wastes
shall be disposed of so that vermin infestation, odors, disease hazards,
and nuisances are minimized.
9. The applicant shall comply with the Colorado Department of
Agriculture (CDA), Division of Animal Industry regulations.
10.The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
COLORADO
Division of Water Resources
Dena -trice: of Natural Resources
October 12, 2017
Kim Ogle
Weld County Department of Building and Planning Services
Transmitted via email:
daungst@co.weld.co.us
RE: Victoria Bellah Et Leif Johnsen Use by Special Review
Case no. USR17-0058
Part of the NE1 /4, Sec. 29, T4N, R64W, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Ogle,
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Kevin G. Rein, P.E.
Director/State Engineer
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.
The above referenced proposal is for a site specific development plan and use by special
review permit for a kennel (breeding, boarding and training of up to 100 dogs) and add an
additional single-family dwelling unit to the lot. The property consists of 11.5 acres, and is
known as Lot B of the Recorded Exemption RECX17-OO18. We commented on the recorded
exemption by our letter dated February 6, 2017.The proposed source of water to the property
is an existing well, operating under permit no. 92244. Based on the submitted information
any well used to serve the proposed business on the property need to be permitted for
commercial use. However, the application material indicates that the business will utilize
water bottle for drinking since the well has a distinct odor. Also the dogs will use water bottle
for drinking which was estimated to approximately 25 gallons a week for the dog.
Permit no. 92244 was issued on August 5, 1977 for domestic use as the only well on a tract of
40 acres described as the NE1 /4 of the SE1 /4, Section 29, Township 4 North, Range 64 West,
6th P.M. The use of the well was limited to fire protection, ordinary household purposes
inside not more than three (3) single family dwellings, the watering of poultry, domestic
animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of
home gardens and lawns. According to information available in our office well 92244 is
constructed into the Laramie -Fox Hills aquifer. As part of our comments to the county on the
Recorded Exemption RECX17-OO18 we indicated that the well operated under permit no.
92244 must be re -permitted consistent with the law as it applies to the size of the newly -
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state. co. us
Victoria Bellah Et Leif Johnsen Use by Special Review Page 2 of 2
October 12, 2017
created parcel on which it is located. An application to re -permit the existing well for Lot B
of RECX17-OO18 was submitted to this office on April 27, 2017, however that application was
returned to the Applicant for additional information. Please note that the well uses will be
based on the amount of water available in the Laramie -Fox Hills aquifer underlying Lot B of
RECX17-OO18. Based on the size of the lot it appears that there would be adequate water
underlying the lot in the Laramie -Fox Hills to supply water to the two single family dwellings
and have some outdoor uses.
As long as the existign well is not being used for the proposed business on the propoerty the
State Engineer's Office does not have any objection to the proposal, provided well no. 92244
is re -permitted consistent with with the law as it applies to the size of the newly -created
parcel on which it is located. We recommend the Applicant resubmits the application
submiited on April 27, 2017 with the requested information. However, if the well is being
used for the Dog Kennel or for any uses associated with the business operation on the
property, the Applicant is required to obtain a new well permit for commercial purposes. The
ability of the Applicant to obtain a well permit will be determined at the time that the well
permit application is submitted to this office.
Furthermore, the Applicant should be aware that any proposed detention pond for this
project, must meet the requirements of a "storm water detention and infiltration facility" as
defined in section 37-92-602(8), Colorado Revised Statutes, 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.
If you, or the applicant, have any questions please contact loana Comaniciu of this office at
303-866-3581 x8264.
Sincerely,
ittavii ° for
Joanna Williams, P.E.
Water Resource Engineer
Cc: File for permit no.92244
COLORADO
Division of Water Resources
Deaa-trnent of Natj at?esources
February 6, 2017
Ryder Reddick
Weld County Department of Building and Planning Services
Transmitted via email:
rreddick@co.weld.co.us
RE: Brenda Johnson Recorded Exemption
Case no. RECX17-OO18
Sec. 29, T4N, R64W, 6th P.M.
Water Division 1, Water District 1
Dear Mr. Reddick,
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
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 additional information submitted on February 2, 2017, the above referenced
proposal is to create by exemption three lots of approximately 4.84 acres (Lot A), 10.85 acres (Lot
B) and 142 acres (Lot C). The proposed water supply for Lot A and Lot C is proposed wells. The
proposed water supply for Lot B is an existing well operating under well permit no. 92244. The
revised information clarified that well 251898 will not serve any of the proposed lots. Sewage
disposal for Lots A, B and C will be septic systems.
Permit no. 92244 was issued on August 5, 1977 for domestic use as the only well on a tract of 40
acres described as the NE1 /4 of the SE1 /4, Section 29, Township 4 North, Range 64 West, 6th P.M.
Use from this well cannot exceed fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm
or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. The well is
not located on the property that is the subject of this proposal and based on Weld County records is
not located on property owned by the Applicant. Since the property on which the well is located is
not being divided, this proposal does not affect the legal operation of the well. However, since the
well is issued as the only well within the NE1 /4 of the SE1 /4, Section 29, Township 4 North, Range
64 West, 6th P.M. the owner of that property could not obtain an exempt well on that claimed land
unless the well is re -permitted. In addition, since well 92244 is not located on proposed Lot B the
ability of Lot B to use the well could be restricted by the well owner and by any legal agreements
between the owner of Lot B and the owner of the land on which well 92244 is located.
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.wate r.state. co. us
Brenda Johnson Recorded Exemption
February 6, 2017
Page 2 of 2
The ability of the Applicant to obtain a well permit on proposed Lots A, B and C, or the ability to
re -permit well 92244, will be determined at the time that well permit applications are submitted to
this office. If you, or the applicant, have any questions please contact me at 303-866-3581 x8265.
Sincerely,
7/
Jaann Williams, P.E.
Water Resource Engineer
Cc: File for permit nos. 251898 and 92244
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