HomeMy WebLinkAbout20184131.tiff MEMORANDUM
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To: Kim Ogle, Planner June 15, 2018
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR18-0059 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV18-00033)was noted. This
violation was initiated due to the presence of a commercial trucking operation without first completing the
necessary Weld County Zoning Permits. This case has not been forwarded to the County Attorney's
Office; therefore, an investigation fee is NOT required.
Due to records release laws, staff no longer tracks complainant information, but please be aware it is
staff's policy to no longer accept staff initiated complaints.
Approval of this application by the Board of County Commissioners would correct the outstanding
violations. If this application is denied,the Department of Planning Services asks that the Board refer this
case to the County Attorney's Office for legal action, but to delay legal action for 30(thirty)days to remove
all but 1 (one) Commercial Vehicle and all associated commercial storage and operations from the
property.
SERVICE.TEAMWORK.INTEGRITY.QUALITY
z8o MEMORANDUM
TO: Kim Ogle, Planning Services
DATE: July 13, 2018GOU.Nr�
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0059 Shockley Trucking
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 Use Permit for any Use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (parking, staging and storage of commercial vehicles and equipment), 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 and adjacent to CR 40 and is west of and adjacent to CR 55.
Parcel number 105333000011.
Access is from CR 55.
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. The current
location of the access point on CR 55 approx. 750 ft. South of CR 40 meet the spacing requirements for a
locally classified roadway. The turning radii will need to be verified and upgraded if it doesn't meet the
minimum requirement of 60 ft. radii. No other existing access points could be verified. 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 upgrading access points 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/departments/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 55 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 40 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.
Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right-of-Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any
County rights-of-way or easement. Right-of-Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest ADT on CR 55 counted 113 vpd with 16%trucks.
Semi-tractor trailers: up to 10 trucks, 2 round trips per day and 6 round trips bi-weekly
Pickups and cars: 3-5 trips/day for personal and office personnel.
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.
4 to 10 round truck trips/day (tandem or semi-trucks):
• Access onto gravel roads requires recycled asphalt or road base on all driving surfaces.
• Access onto paved roads requires a tracking control device and a minimum of 100 feet of recycled
asphalt/road base OR 300 feet of asphalt. (Surface improvements less than 300 feet may be
allowed if site constraints would prohibit meeting condition.)
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 off-site improvements per Chapter 12,
Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and
maintained.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/sprusr.pdf. It will detail the approved haul route(s), outline when off-site improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to:dust control, specified haul routes,damage
repairs, and future improvement triggers.
Drainage Requirements:
This area IS within a Non-Urbanizing Drainage Area:
Non-Urbanizing Drainage Areas typically require detention of runoff from the 1-hour, 100-year, storm falling
on the developed site and release of the detained water at the historic runoff rate of the 1-hour, 10-year
storm falling on the undeveloped site for NON-URBANIZING areas.
Detention pond waived and a simple drainage narrative:
A drainage narrative is required and full drainage report and detention pond waived if the site qualifies for
an exception to detention requirements listed below.
The drainage narrative must include at the minimum:
1. Description which exception is being applied for and supporting rationale
2. Where the water originates if it flows onto the property from an offsite source
3. Where it flows to as it leaves the property
4. The direction of flow across the property
5. If there have been previous drainage problems with the property
Exceptions.
1. Exceptions to stormwater detention shall not jeopardize the public health, safety, and
welfare of public and private property. Exceptions shall be supported with a drainage
narrative.
a. No stormwater detention will be required for sites that meet any of the following
conditions. Requirements of the Municipal Separate Storm Sewer System (MS4)
areas remain applicable.
14) A parcel greater than 5 gross acres in size is allowed a onetime exception for
a new 2,000 sq ft building or equivalent imperviousness.
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. An Improvements and Road Maintenance Agreement is required for off-site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes.The Agreement shall include provisions addressing engineering requirements, submission
of collateral, and testing and approval of completed improvements. (Department of Public Works)
B. The plan shall be amended to delineate the following:
1. County Road 40 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 55 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)
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 approved tracking control on the site plan. (Department of Public Works)
5. 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)
6. The applicant shall show 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. This site
requires road base or recycled asphalt on all driving surfaces for tracking control. (Department of Public
Works)
B. 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 Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
6. The Improvements Agreement for this site shall be reviewed on an annual basis, including 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)
�•`T . ` WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
-► ! 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: July 9, 2018
Re: USR18-0059 Shockley
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 in the
Commercial or Industrial Zone Districts (parking, staging and storage of
commercial vehicles and equipment), 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 existing residence is served by an individual domestic well (permit 234205)
and a septic system permitted for 4 bedrooms (SP-0100586). The well cannot
be used for the business unless it is repermitted to allow commercial use. The
application indicates there is a holding tank used for a restroom in the office.
The tank is not permitted and cannot be used with the domestic well for the
business. A portable toilet and bottled water is acceptable in accordance with
EH policy.
Oil and antifreeze drums are stored inside the shop and are replaced when new
drums are delivered. The application states that oil changes are done off site
and there is no fuel storage or washing. A covered dumpster will be provided
for trash disposal.
Dust will be controlled by watering as necessary and roads, parking and
operations are overlain with ground asphalt.
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
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removed for final disposal in a manner that protects against surface and
groundwater contamination.
2. No permanent disposal of wastes shall be permitted at this site. This is
not meant to include those wastes specifically excluded from the
definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.
3. Waste materials shall be handled, stored, and disposed in a manner
that controls fugitive dust, fugitive particulate emissions, blowing debris,
and other potential nuisance conditions. The 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. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to
On-site Wastewater Treatment Systems.
7. 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.
8. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. The existing well (permit 234205) cannot be used
for the business unless it is repermitted to allow commercial use.
9. All potentially hazardous chemicals must be handled in a safe manner
in accordance with product labeling and in a manner, that minimizes the
release of hazardous air pollutants (HAPs) and volatile organic
compounds (VOCs). All chemicals must be stored securely, on an
impervious surface, and in accordance with manufacturers'
recommendations.
10.The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
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