HomeMy WebLinkAbout20183633.tiff z8o MEMORANDUM
TO: Kim Ogle, Planning Services
DATE: September 21, 2018GO .Nr�
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0072 Winter co Carters Lawn Care
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
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts (Landscape Construction and Maintenance Business) provided that the property is not a lot
in an approved or recorded subdivision plat or lots part 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 70 and is east of CR 19.
Parcel number 080715000058.
Access is from CR 70.
ACCESS
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 property currently has three existing access points. The central access point
does not meet the spacing criteria for a Collector roadway. The western access point which was not shown
on the proposed site map does not meet the spacing criteria. The eastern access point is wider than County
Code allows. 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.weldclov.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 corn/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 70 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.
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 comidepartments/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 70 counted 2747 vpd with 7% trucks.
The traffic information submitted with the application materials indicated that there will be approximately 4-
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 an Urbanizing Drainage Area:
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, 5-year storm
falling on the undeveloped site for 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.
8) Development of sites where the change of use does not increase the
imperviousness of the site.
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. The plan shall be amended to delineate the following:
1. County Road 70 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 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)
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)
4. The applicant shall show the drainage flow arrows. (Department of Public Works)
5. 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)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Ben Frissell, Environmental Health Services
Date: September 13, 2018
Re: USR18-0072 Winter
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for a Use permitted as a
Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (Landscape Construction and Maintenance Business) provided
that the property is not a lot in an approved or recorded subdivision plat or lots part 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 North Weld County Water District (account 291000)
and a septic system permitted for 3 bedrooms (SP-1800019). The residence is not
being proposed at this time to serve the business. 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. The application indicates a portable toilet will be utilized for
the business which is acceptable.
According to the application there is no washing or maintenance of vehicles or
equipment and there are no floor. There is approximately 35 gallons of fuel storage for
mowers and equipment. The application indicated that sawing, chipping and mulching
may be done onsite. Additionally, the application indicated that compost piles may be
created onsite and it appears they may fall under a conditional exemption as long as the
regulations are followed. Noise will be restricted to the commercial zone. Commercial
burning is not allowed on the site.
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.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning g Response
cic:9/0 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470
Fax: 9/0-301-641'2 Fax: 910-301-6416 Fax: 970-304-6411 Fax. 970-304-6452 Fax: 970-304-6452 Public Health
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.
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. Facility shall adhere to the composting regulations for conditional exempt
compost operations as outlined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. and as applicable.
6. 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. If the existing septic system is utilized, for business use, the septic system
shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical review
describing the system's ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division of
the Weld County Department of Public Health and Environment. In the event
the system is found to be inadequately sized or constructed the system shall
be brought into compliance with current Regulations.
8. This facility shall adhere to the maximum permissible noise levels allowed in
the Commercial Zone as delineated in 25-12-103 C.R.S.
9. All pesticides, fertilizer, and other 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.
MEMORANDUM
1. T$ #„. -
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To: Kim Ogle, Planner August 21, 2018
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR18-0072 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV17-00371)was noted. This
violation was initiated due to the presence of a landscaping business 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 a portion of the
outstanding violations. The applicant shall also reduce to 2 (two) cargo containers or include additional
cargo containers in this USR permitting process. Lastly, the camper/trailer-RV shall be abated as a
dwelling unit.
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) is removed and the
number of cargo containers is reduced to 2 (two) (and appropriately permitted)and the camper/trailer-RV
shall be abated as a dwelling unit.
SL1iVICL,TL AWN ORK.INTLGRI I .QUALITY
From: Carlin Malone <cmalone@windsorgov.com>
Sent:Tuesday, October 2, 2018 11:42 AM
To: Kim Ogle <kogle@weldgov.com>
Subject: RE: Steve and Carie Winter
Caution:This email originated from outside of Weld County Government.Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Hi Kim,
The pre-app referral form isn't in the material we received, but we did turn in a response to Tom
(attached). I'm attaching the referral form for the USR here as well. The applicant did drop in to
Windsor Town Hall during the pre-app time with some questions, then followed up with a phone call
after the pre-app comments went out and requested a walk-through on the site to explain his
business. I explained that we do not conduct walk-throughs like that and he should go through the TOW
comments and respond in written form via the Weld County process.
Please let me know if you need anything else.
Thank you,
Carlin Malone, AICP
Chief Planner
Town of Windsor
Dir: 970-674-2412
TOWN OF
WINDSOR
PLANNING
September 25, 2018
Mr. Kim Ogle, Planner III
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Subject: Use by Special Review Referral—USR18-0072 (9370 WCR 70)
Dear Mr. Ogle,
The Town of Windsor Planning Commission has reviewed this referral in accordance with the Weld
County-Windsor Coordinated Planning Agreement (CPA), and has included recommendations
regarding this land use concept for your consideration.
The property is located within the Town of Windsor's Growth Management Area (GMA) and per the
Town's Comprehensive Plan, the Land Use Plan depicts this area as "High Density Estate Single
Family Residential." The western and southern boundary of the parcel is contiguous with the Town of
Windsor corporate limits and adjacent to a single-family residential neighborhood within the Town's
zoning district of Single Family Residential (SF-1). This property is eligible for annexation, but not
warranted until subdivision of the property.
The use proposed is not consistent with the adjacent residential use or the Town of Windsor's Land
Use Plan.Therefore,The Town requests that in the event this use is approved that every effort is made
to mitigate the potential impacts such as increased traffic, fumes, noise, and visible storage.
There is an existing 8"Windsor sewer line stubbed to the site development property line. Therefore,
the proposed site development can easily tie in to Windsor's sewer. Please contact Windsor
Engineering for process,fees, and to coordinate the tie in.
According to the USR application information, traffic generated is stated to be 3-4 trucks on average
per day. Trucks are described as %- to one-ton trucks hauling 16-foot long trailers. Any significant
change in generated traffic beyond stated traffic in the application will need to be revisited.
In the application, it is not a correct statement that all stormwater is contained on the property. Surface
grading exists such that storm flows currently exit the property undetained. For example, the property
is known to discharge at the southeast corner where a farm access was historically located. Any
increase in impervious surface or changes to grading will need to be addressed.
The Town of Windsor Planning Commission offers the following comments to Weld County
regarding the subject proposal:
(1) If this use is approved, the Town asks for substantial efforts to mitigate any potential
impacts such as increased traffic, dust, pollution, noise and visible outdoor storage.
(2) Coordination of access on WCR 70 with adjacent properties to minimize traffic impacts to
residential neighbors and future arterial roads;
301 Walnut Street Office: 970-674-2400
Windsor, CO 80550 Fax: 970-674-2456
www.windsorgov.com
(3) Any significant change in generated traffic beyond stated traffic in the application will need
to be revisited;
(4) Tying into the sewer line stubbed to the property, contingent on further coordination with
Windsor;
(5) The Town is opposed to a permanent use of a portable toilet. The site and building need
to adhere to all health and building codes;
(6) Require that all stormwater is retained on site;
(7) Require screening/buffer on the property adjacent to residential uses, consistent with the
CPA design standards;
(8) A plan to pave the parking and interior drives, per the CPA standards; and
(9) Adherence to all other CPA design standards.
Thank you for the opportunity to review the USR application referral for the subject property.
Sincerely,
Carlin Malone,AICP
Chief Planner
cmalone@windsorgov.com
copy: Doug Roth,Windsor Staff Engineer
Windsor Engineering Dept
Windsor Planning Dept
301 Walnut Street Office: 970-674-2400
Windsor, CO 80550 Fax: 970-674-2456
www.windsorgov.com
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