HomeMy WebLinkAbout20182849.tiffMEMORANDUM
TO: Angela Snyder, Planning Services
DATE: July 10, 2018
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0023 Les Matson
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 any Use
permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in the Commercial or
Industrial Zone Districts (truck and equipment parking and storage for construction businesses) 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 in the A (Agricultural) Zone District.
This project is south of CR 52 and is east of CR 45.
Parcel number 096135200001.
Access is from CR 52.
ACCESS
An Access Permit application was not submitted with the application materials. Public Works has reviewed
the submitted materials and provides a recommendation for access locations based on County code and
safety criteria in accordance with the Weld County Engineering and Construction Criteria (WCECC). Public
Works will need to see a preliminary plan for the proposed future reconfiguration. The current access does
not meet the spacing criteria as outlined in the WCECC. Also, Public Works needs confirmation that the
current access meets the design criteria (turning radii, etc.) as stated in the WCECC. 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 httqs://www.weldqov.com/departments/qublic 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.comidepartments/public works/engineering/.
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.
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.
ROADS AND RIGHTS -OF -WAY
County Road 52 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 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.
County Road 45 is a section line road. Section line right-of-way does not exist in all sections in Weld County
and should be verified before a decision to utilize it is made. Weld County commonly refers to these
locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply
public right-of-way and the road may be located on private property. All right-of-way should be verified and
physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the
existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be
verified it shall be dedicated or an adequate easement between property owners shall be provided.
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 the physical roadway(s) may not
be centered in the right-of-way. This road is NOT 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/perm its/.
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 52 counted 130 vpd with 19% trucks.
The traffic information submitted with the application materials indicated that there will be fewer than 6 daily
roundtrips.
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. 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 devices
can be double cattle guards or rip rap (6" washed rock). 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.
Less than 20 passenger vehicle round trips/day, no upfront tracking control requirements.
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 indicating that the site will not be allowed to drain
into the adjacent irrigation ditch. Due to this site constraint, the applicant has asked for a variance for a
retention/infiltration pond.
MS4:
This site is not in a defined Municipal Separate Storm Sewer System (M54) 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 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)
B. The plan shall be amended to delineate the following:
1. County Road 52 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
2. County Road 45 Section Line is shown to have 60 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
3. Show and label the approved access locations, approved access width and the appropriate turning
radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s)
prior to construction. (Department of Public Works)
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 section line Right -of -Way as "CR 45 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
6. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and
shall include the calculated volume. (Department of Public Works)
7. The applicant shall show the drainage flow arrows. (Department of Public Works)
8. 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)
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 off -site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
5. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
6. 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:
From:
Date:
Angela Snyder
Lauren Light, Environmental Health Services
June 28, 2018
Re: USR18-0023 Les Matson Construction, Inc.
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for any Use permitted as
a Use by Right, an Accessory Use or a Use by Special Review Permit in the
Commercial or Industrial Zone Districts (truck and equipment parking and
storage for construction businesses) 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 in the A (Agricultural) Zone
District.
The property does not include a residence. A portable toilet and bottled water
will be provided for employees, which is acceptable according to EH policy.
No fuel storage, washing of vehicles or floor drains will be on site. Minor
maintenance will occur on site and fluids will be disposed of appropriately and
there will be secondary containment as necessary. No chemicals will be stored
on site and waste will be removed daily.
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.
Health Administration
Vital Records
lot: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 910-304-64 16
Environmental Health
Services
Tele:970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fox: 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6462
Public Health
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 facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code and the
accepted waste handling plan.
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 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.
8. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes.
9. The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
MEMORANDUM
To: Angela Snyder, Planner June 11, 2018
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR18-0023 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV17-00343) was noted. This
violation was initiated due to the presence of a commercial vehicle and equipment storage operation
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 outstanding
violations. If this application is denied, the case will continue through the County Court process until all
but 1 (one) Commercial Vehicle (which is allowed as an Accessory Use in the Ag Zone District) are
removed from the property.
SERVICE, TEAMWORK: INTEGRI FY: QUALIFY
Submit by Email
Weld County Referral
June 08, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: Les Matson Construction, Inc, c/o Brian Case Number: USR18-0023
Hartman
Please Reply By: July 6, 2018 Planner: Angela Snyder
Project: A Site Specific Development Plan and Use by Special Review Permit for any Use permitted as a
Use by Right, an Accessory Use or a Use by Special Review Permit in the Commercial or Industrial
Zone Districts (truck and equipment parking and storage for construction businesses) 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 in the A (Agricultural) Zane District.
Location: SOUTH OF AND ADJACENT TO CR 52, EAST OF AND ADJACENT TO CR 45
Parcel Number: 096135200001-R8952591 Legal: PART NW4 SECTION 35, T5N, R65W LOT B
RECX17-0143 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.
0
If
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
Agency
Date
- -
Weld County Planning Dept, 1555 N 17th Ave, Greeley, CO- 80631 (970) 400-6100 (970) 304-6498 fax
June 26, 2018
4710WeirnZia Saraeo edteenadty
128 N. SECOND ST. LASALLE. CO 80645
970.284.6931 FAX 970 284.6983
Weld County Planning Department
1555 North 17th Avenue
Greeley, Colorado 80631
RE: USR18-0023 Les Matson Construction, Inc, c/o Brian Hartman
TOWN HALL
To Whom It May Concern:
The above referral has been reviewed by the LaSalle Planning Commission and LaSalle Town Board.
While the Town does not discourage development, we continue to be mindful of impacts to our community.
If the company grows in the future and therefore has more truck traffic, we would prefer the traffic flow to
use County Roads 43, 47 or 49 to avoid additional congestion onto Highway 85 at Weld County Road 52.
We appreciate your consideration of this request to regulate the manner in which the traffic accesses the
Highway 85 main collector from the site. Thank you and should you have any questions feel free to contact
me to discuss this further.
Sincerely,
Brenda Joseph
Deputy Town Clerk
� � � � co � aRA � o
��, � Farks and Wild�i�e
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Department of Natural Resources
Fart Collins - Area 4
317 West Prospect Road
Fort Collins , CO 80526-20D3
P 970 .472 .43D0 � F 970. 472 . 4458
Ju �y 5 , 2018
Weld County Planning Department
Attn : Kristine Ranslem
1555 N . 17th Avenue
Greeley , CO 80613
krans �emCweldgov . com
Subject: 22fl14 WCR 52 , USR18 - 0023
Dear Ms . Ranslem ,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW ) to comment on the proposed
stora�e facility located at 22014 WCR 52 in Weld County , Colorado . CPW is familiar with the site, and
have reviewed the proposed project documents submitted by Weld County Plannin� Department , dated
June 08 , 2018 . After reviewing the proposed project documents , we see that the proposed project
cou �d ha+re a significant impact on an active Ba�d eag�e nest located on the north side of Latham
Reservoir.
If the project proceeds as described in the proposed project documents , the CPW recommends that :
• No surface occupancy within . 25 mile radius of an acti�e bald eagle nest (see definitions
below) .
• No human encroachment or disturbance within 0 . 5 mile of any active bald ea� le nest site from
November 15 to July 31 of each year (see definitions below) .
• No surface occupancy within 0 . 25 rnile of any active bald eagle winter ni�ht roost or human
encroachment or disturbance within 0 . 5 mile of any eagle winter roost site from November 15
to February 28 of each year .
• Conduct Bald eagle night roost surveys between November 15 and March 15 to assess winter
concentration areas and avoid disturbing Bald eagles during construction .
Bald Eagle Active Nest Site
An active Bald eagle nest site is a specific location in which a pair af bald ea� les has at least attempted
to nest within the last five years. Any nest location that can be directly tied to courtship, breedin� , or
brooding behavior is considered actiue . A buffer zone extends 0 . 5 miles around a known active nest.
CPW has two recommendations to protect these sites : of a ) restricted surface occupancy ( RSO )
within d. 25 mile of any active bald eagle nest site, and b ) no human encroachment or disturbance
within d . 5 mile any active bald eagle nest site from November 15 to July 31 of each year .
Bald Eagle Roost Site
Bald eagle roost sites are defined as groups of (or individual ) trees that provide diurnal and / or
nocturnal perches for wintering bald ea� les . These trees are usually the tallest available in the
wintering area and are primarily located in riparian habitats . CPW has two recommendations to
protect these sites : of a ) no surface occupancy within 0 . 25 mile of any active bald eagle winter
night roost, and b ) no human encroachment or disturbance within 0 . 5 mile any active bald eagle
winter raast site from November 15 to February 28 of each year.
�oF coto ...
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Bob D. &oscheid, Director, Colorado Parks and Nh'Idlife • Parks and Wildlife Commission: Robert W. Bray . Jeanne Horne 'Ify"` �, �r o I
John Howard, Vice-Chair • Dale Pizel • James Pnbyl, Chair . James Vi�il • Dean Wingfield . Michelle Zimmerman, Secretary . AlexZipp 'l. �r' �,�Y�!: . 1
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Bald Eagle Winter Concentration Area
Bald ea� le winter concentration areas are defined as existin� winter range where ea� les concentrate
between November 15 and March 15 . Ba �d eagle winter movements are high �y variable as they are
influenced by changes in weather and prey avai �abi �ity. Therefore, bald eagle distribution and
abundance may change quickly during the winter and between winters. If construction activities or
maintenance activities must occur between November 15 and March 15 , CPW recommends daily ba�d
eagle night roost surveys and monitorin� to avoid disturbin� bald ea� les during construction .
Surface Occupancy
Any physical object that is intended to remain on the landscape permanently or a si�nificant amount of
time . Examples include houses, oi � and gas we ��s , tanks, wind turbines , roads , tracks , etc .
Human Encroachment
Any activity that brings humans in the area. Examp�es include driving , faci �ities maintenance , boating,
trail access (e. g. , hikin� , biking) , etc .
The United States Fish and Wildlife Seruice ( USFWS ) may have concerns that the proposed project and
any new construction projects may result in the take (nest abandonment , loss of e��s, chicks) of a bald
eag�e or their offspring . Ba�d eag�e nests are protected by the Bald and Golden Eag�e Protection Act
and the Migratory Bird Treaty Act. Any work within a nest buffer area and within the nesting season is
�ikely to require a permit under the Bald and Golden Eagle Protection Act . Consultation with the USFWS
is high �y recommended . You can reach the USFVJS permit office at ( 916) 414 - 666D .
Location of active Bald eagle nest:
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Weed Management
Noxious weeds reduce property va �ue and wildlife habitat . With new construction taking place and
machinery being transported from one site to another, it is important to help prevent the spread of
noxious weeds . Equipment should be cleaned periodically to remove weed seeds even if no weeds are
recognized . It is recommended that noxious weeds are active�y eradicated . A working weed
mana�ement and disturbed area reclamation plan should be developed and implemented throu�hout
construction and until all disturbed areas are properly re -vegetated to prevent erosion and invasions by
weeds , The applicant may want to contact the Weld County Weed Inspector to facilitate deuelopment
of reclamation and weed mana�ement plans for the development .
We appreciate being given the opportunity to comment , and wouLd we�come an opportunity to meet
with you onsite to discuss the projeet and associated impacts . P �ease feel free to contact District
Wi �dlife Manager Mike Grooms at 970 . 692 . 4028 or via email at michaeLgroomsC�state . co . us to scheduLe
a site visit.
Sincerely ,
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Ty Petersburg
Area Wildlife Mana �er- Area 4
CC : M. Grooms , A . Curtis, M . Sherman , J . George , Fi �e
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