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HomeMy WebLinkAbout20183103.tiffMEMORANDUM TO: Diana Aungst, Planning Services DATE: July 2, 2018 FROM: Evan Pinkham, Public Works SUBJECT: USR18-0051 Aguirre 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 (commercial truck parking and storage of equipment and vehicles) 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 west of and adjacent to CR 13 and is south of CR 26. Parcel number 131301100066. Access is from CR 13. ROADS AND RIGHTS -OF -WAY This portion of County Road 13 is under the jurisdiction of the City or Town (municipality) of Firestone. The municipality has jurisdiction over access to the road. Please contact the municipality to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. 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/qubl Icworks/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. 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 summarized in a Drainage Report: A drainage report and detention pond design shall be completed by a Colorado Licensed Professional Engineer and adhere to the drainage related sections of the Weld County Code. The drainage report must include a certification of compliance stamped and signed by the PE which can be found on the engineering website. General drainage report checklist is available on the engineering website. More complete checklists are available upon request. 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. M54: 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. The plan shall be amended to delineate the following: 1. Show the approved Municipality of Firestone access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 2. The applicant shall show the drainage flow arrows. (Department of Public Works) 3. 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 historical flow patterns and runoff amounts on the site will be maintained. (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: Diana Aungst Lauren Light, Environmental Health Services June 28, 2018 Re: USR18-0051 Aguirre Truck Parking 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 (commercial truck parking and storage of equipment and vehicles) 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 (14835) and a residential septic system permitted for 3 bedrooms (SP -0500136). A portable toilet and bottled water will be provided for employees, which is acceptable according to EH policy. According to the application, no fuel storage or vehicle washing will occur on site. There will be maintenance performed on the trucks as necessary. A dumpster will be utilized for trash. 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 Icic: 9/0 304 6410 Fax: 9/0-301-6112 Public Health & Clinical Services Icic: 9/0 :304 6420 Fax: 9 /0-304-6416 Environmental Health Services Tele: 970-304-6415. Fux: 970-304-641 1 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 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: Diana Aungst, Planner June 7, 2018 From: Bethany Pascoe, Zoning Compliance Officer Subject: USR18-0051 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV18-00052) was noted. This violation was initiated due to the storage of commercial vehicles/equipment related to at least 2 (two) separate businesses 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. SLRVIC:L, I! AMWORK, IN LCIR1I . QUALITY Submit by Email Weld County Referral June 7, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant. Rafael & Maria Aguirre Case Number. USR18-0051 Please Reply By. July 5, 2018 Planner: Diana Aungst Project: 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 (commercial truck parking and storage of equipment and vehicles) 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. Location: West of and adjacent to CR 13 (Colorado Blvd) and approximately one-half mile north of CR 24 (Firestone Blvd) Parcel Number. 131301100066-R3843805 Legal: PART NE4 SECTION 1, 12N. R68W LOTA REC EXEMPT RE 4107 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. E d 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 �tr-N p f Date 9(L{ /l Weld County Planning 17ept 1555 N 17th Ave, Greeley. CO. 50531 (970) 400.6100 (970) 004-6408 fax FIRESTONE A COMMUPWTY IN MOTION Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 May 2, 2018 To Whom It May Concern: The Town of Firestone offers the following comments in response to the referral for case number PRE18-0093. and USq i 8 -co9l . 1. This does not appear to be a compatible use with existing single-family residential (Mountain Shadows subdivision) right next to it. 2. The Town would see this as a change of use, which would require an access permit from the Town Engineer. a. The Town Engineer, Dave Lindsay, can be reached at 970-278-0029. Please feel free to contact me if you have any questions. BRIANNA BARBER Planning Technician Planning and Building Department Direct: 303.531,6282 I Fax: 720.476.4232 E3Barber(afirestoneco.gov Community Development Ph:303.833.3291 • Fax: 720.476.4232 8308 Colorado Blvd. Ste. 200 Firestone, CO 80504 www. firestoneco.gov fE1Sr-003 Notice of Inquiry Development within a Coordinated Planning Agreement or Intergovernmental Agreement {CPA ^r IGA; 'sounOdry Date of Inquiry 4/6/2018 Municipality with CPA or IGA Firestone CPA Name of Person Inquiring Hector Soto Property Owner Rafael and Maria Aguirre Planner Diana Aungst daungst@weldgov.com Legal Description NE4 1-2-68 LOT A RE -4107 Parcel Number 131301100066 Nearest Intersection CR 13 (Colorado Blvd) and CR 26 Type of Inquiry Truck Parking The above person inquired about developing a property inside your designated CPA or IGA boundary. This person has been referred to community by Weld County Planning to discuss development options on this site, Visit Chapter 19 of the Weld County Code for specifics on your agreement. Weld County Comments Do you wish to annex? r l o S -}- lilt -e , Y-10 • Name/Title of Municipality Representative t O u,3r, 0 c Municipality Comments Signature of Weld County Planner Signature of Municipality Representative Please return the signed form to: Weld County Planning Department 1555 N 17th Avenue, Greeley, CO 80631 (970) 353-6100 x3540 —1970)304-6498 fax Case no. USR18-0051 June 12, 2018 Page 2 of 2 Applicant's name we recommend the Applicant submits a Change of Ownership Form (GWS-11) available for download at the Division of Water Resources website at: www.water.state.co.us Should you or the applicant have any questions, please contact Allis Thyne at (303) 866-3581 x8216. Sincerely, '1 Joarrria Williams, P.E. Water Resource Engineer Ec: Permit file 14835-A Submit by Email Weld County Referral June 7, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: Rafael & Maria Aguirre Case Number: USR18-0051 Please Reply By: July 5, 2018 Planner: Diana Aungst Project: 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 (commercial truck parking and storage of equipment and vehicles) 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. Location: West of and adjacent to CR 13 (Colorado Blvd) and approximately one-half mile north of CR 24 (Firestone Blvd) Parcel Number: 131301100066-R3843805 Legal: PART NE4 SECTION 1, T2N. R68W LOT REC EXEMPT RE 4107 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. 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 ❑ate 1 " 3o f t 1/44J o rP re S'kv-ft— Weld County Planning Dept 1555 N 17th Ave, Greeley CO. 80631 {9(C) 400-6100 {970; 304-8498 fax COLORADO Division of Water Resources Deaa-trnent of Natj at?esources June 12, 2018 Diana Aungst Weld County Department of Building and Planning Services Transmitted via email: daungst@weldgov.us John W. Hickenlooper Governor Robert Randall Executive Director Kevin Rein, P.E. Director/State Engineer Re: Rafael St Maria Aguirre - Site Specific Development Plan and Use by Special Review Case no. USR18-0051 Part of the SE / of the NE 1/4, Sec. 1, T2N, R68W, 6th P.M. Lot A, Recorded Exemption RE 4107 Water Division 1, Water District 5 Dear Ms. Aungst, 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 in a Commercial or Industrial Zone Districts for commercial truck parking and storage of equipment and vehicles 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 referral information contained well permit no. 14835-A. However, according to the submitted information, it appears that the proposal is to provide the employees with bottled water and a portable toilet is already on premises. Well permit no. 14835-A was issued on March 28, 2003 pursuant to § 37-92-602(3)(c), C.R.S for the relocation of an existing well constructed under permit no. 14835. The well is producing water from the alluvium of the South Platte River. The well is currently permitted to be used for; fire protection, ordinary household purposes inside not more than one (1) single family dwelling, the watering of domestic animals and the irrigation of not more than 2,600 square -feet of home gardens and lawns. The well, as permitted, cannot be used for any other uses besides those allowed per permit no. 14835-A. If the applicant plans to use the well for the fleet car rental company vehicle repair business, including sanitary facilities for the employee(s) and visitors, a commercial well permit allowing such uses must first be obtained. Since the well is not currently in the i(�t_ CnL f Office of the State Engineer 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.water.state. co. us Hello