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HomeMy WebLinkAbout20183663.tiff z8o MEMORANDUM TO: Diana Aungst, Planning Services DATE: August 28, 2018GO .Nr� FROM: Evan Pinkham, Public Works SUBJECT: USR18-0070 Vega 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 an accessory buildings with gross floor area larger than four percent (4%) of the total lot area, as stated in Section 23-3- 30, per building on lots in an approved or recorded subdivision plat or lots part of a map or plan field prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District This project is north of and adjacent to East 18th Street and is west of Fern Avenue. Parcel number 096110403003. Access is from East 18th Street. 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. There appear to currently be three (3) existing access points to the proposed USR boundary. The western two access points do not meet the spacing criteria and shall be closed and reclaimed. The third access point is aligned with the intersection of Fern Ave. & E 18th St. The western most access doesn't appear to be completely within the boundaries of the proposed USR. This should be located with respect to the property line to ensure no trespassing occurs. 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 East 18th Street 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 comldepartmentslpublicworks/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. 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. 1) Use by Right or Accessory Use in the A (Agricultural) Zone District. M54 This site is located in a Municipal Separate Storm Sewer System (MS4) Area which may trigger specific water quality requirements or other drainage improvements. In addition to compliance with applicable Weld County regulations, property owner is required to be compliant with any additional MS4 requirements. Questions pertaining to the M54 requirements should be directed to the Public Works Department 970- 304-6496. 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. East 18th Street 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 (25') 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) 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: Diana Aungst From: Lauren Light, Environmental Health Services Date: August 20, 2018 Re: USR18-0070 Vega Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for an accessory building with gross floor area larger than four percent (4%) of the total lot area, as stated in Section 23-3-30, per building on lots in an approved or recorded subdivision plat or lots part of a map or plan field prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. The application is requesting to allow a horse barn that exceeds the 4% lot coverage requirement. There is not a residence on the site. We recommend that the following requirements be incorporated into the permit as development standards: 1 . 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. 2. 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. 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: 9/0-304-64I'2 Fax: 9/0-304-6416 Fax: 970-304-6411 Fox: 970-304-6452 Fax: 970-304-6462 Public Health MEMORANDUM I. T$ #„. - rp To: Diana Aungst, Planner July 30, 2018 From: Hannah Dutrow& Bethany Pascoe, Zoning Compliance Officer Subject: USR18-0070 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV17-00337)was noted. This violation was initiated due to the presence of an accessory building with a gross floor area exceeding 4% of the total lot area without first completing the necessary Weld County Zoning Permits and Building 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, this case will proceed accordingly in court. SL1iVICL,TL AWN ORK.INTLGRI I .QUALITY Submit by Email Weld County Referral 44,„ l i „ri r July 30, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant:Abelardo Vega & Edgar Vega Case Number: USR18-0070 Please Reply By: August 27, 2018 Planner: Diana Aungst Project:A Site Specific Development Plan and Use by Special Review Permit for an accessory buildings with gross floor area larger than four percent(4%)of the total lot area, as stated in Section 23-3-30, per building on lots in an approved or recorded subdivision plat or lots part of a map or plan field prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District Location: North of and adjacent to E 18th Street and six-tenths of a mile east of Fern Avenue Parcel Number: 096110403004-R0215587 Legal: LOT 3 ZENDTS FARM; PART OF SECTION 10, T5N, R65W of the 6th P.M., Weld County, Colorado. Parcel Number: 096110403003-R0215687 Legal: LOT 3 ZENDT'S FARM; PART OF SECTION 10, T5N, R65W 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 Date 8/ r /18 Agency " Glakifbi Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)400-6100 (970)304-6498 fax c:n t Project Review Comments Date: 8/14/2018 Cjree1eT Project Name: REF2018-0052 (USR18-0070) Location: 2559 E 18th Street Weld Reviewed By: Kira Stoller Phone: (970) 336-4050 Department: Community Development / Planning Submittal: 7/30/2018 Submittal #: 1 Case #: REF2018-0052 All code sections are from the Greeley Development Code and from the City of Greeley Design Criteria and Construction Specifications, Volumes I, II, & III. Sections of the Code or Construction Specifications are shown in brackets as part of the review comments below. For additional information on the City Code or the Design Criteria, see the City of Greeley web site at the following location: Planning: baps:!'.'www.municode.comllibrarylco/grceleylcodeslmLmicipa1code Engineering: lute:r'greeleygov.comr'scrvices:design-criteria-and-constrLiction-specifications Provide written responses to the comments below. A Word document has been provided for your convenience. General ❑ Advisory. The subject site is within the City of Greeley's Long Range Expected Growth Area, which means the community anticipates development occurring in this area in the next 20+ years. The following recommendations are to increase the compatibility of this site with the City's existing development and to avoid non-conforming conditions in the future. ❑ Advisory. It is recommended that the proposed building be constructed with similar materials to surrounding area and that the parking area be screened from adjacent properties. The City of Greeley requires the following for parking lot screening: o Shall be at least three (3) feet high and provide at least sixty percent (60%) opacity year-round for at least seventy-five percent (75%) of the frontage. o Shall be located in an area at least ten(10) feet wide, except as provided for through an approved administrative variance. Page 1 of 1 Submit by Email Weld County Referral July 30, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant:Abelardo Vega & Edgar Vega Case Number: USR18-0070 Please Reply By: August 27, 2018 Planner: Diana Aungst Project:A Site Specific Development Plan and Use by Special Review Permit for an accessory buildings with gross floor area larger than four percent(4%)of the total lot area, as stated in Section 23-3-30, per building on lots in an approved or recorded subdivision plat or lots part of a map or plan field prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District Location: North of and adjacent to E 18th Street and six-tenths of a mile east of Fern Avenue Parcel Number: 096110403004-R0215587 Legal: LOT 3 ZENDT'S FARM; PART OF SECTION 10, T5N, R65W of the 6th P.M., Weld County, Colorado. Parcel Number: 096110403003-R0215687 Legal: LOT 3 ZENDT'S FARM; PART OF SECTION 10, T5N, R65W 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. Sarah Brucker 08/16/2018 Signature Date Agency Colorado Division of Water Resources Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax 4 DNe COLORADO Co Division of Water Resources r August 16, 2018 Diana Aungst Weld County Department of Planning Services Transmission via email: daungst( weldgov.corn Re: Use by Special Review - Abelardo Vega & Edgar Vega Case No. USR18-0070 SE1% SE1/4 Sec. 10, T5N, R65W, 6th P.M. (2559 E 18th Street, Greeley) Water Division 1, Water District 3 Dear Ms. Aungst: We have reviewed the above referenced Site Specific Development Plan and Use by Special Review to allow for an accessory building with a gross floor area greater than 4% of the total lot area. The submitted material does not 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 comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The application seeks to construct a 37,500 square foot riding arena on the subject 5.52-acres. There is already an existing 18,205 square foot horse barn on the property. According to the submitted information, the facilities are not used for a business, but are anticipated to be used by 15-20 friends and family members at different times. The proposed water supply is bottled water for human consumption, and pre- existing wells for livestock. This office does not have record of any permitted wells located on the subject property. So long as the existing well(s) were constructed and put to beneficial use for the watering of domestic animals and/or livestock on a farm or ranch prior to May 8, 1972, they may continue to be used for this same purpose without the need to obtain a well permit. If the property is part of a future residential real estate transaction, the buyer will be required to submit an application to register the well(s) with this office within 60 days of closing. This office does note that there are potentially two decreed surface water rights associated with the property. The Nelson Ditch Pumping Plant 10 (WDID 0201009) was decreed in case no. 79CW382 for irrigation use. Smith Pond No. 1 (WDID 0203725) was decreed in case no. 79CW383 for fish cultivation and irrigation purposes, in combination with the Nelson Ditch Pumping Plants. The source of water for both rights is natural runoff, seepage, and irrigation return flows. Both structures are limited to operating in priority, and neither is decreed for domestic animal/ livestock watering use. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water John VV. Hickenlooper, Governor Robert Randall, Executive Director I Kevin G. Rein, State Engineer/Director . ., + rt. Vega Use by Special Review August 16, 2018 Case No. USR18-0070 Page 2 of 2 Should you or the applicant have any questions regarding this matter, please contact me at this office. Sincerely, Sarah Brucker, P.E. Water Resources Engineer Cc: District 2 Water Commissioner Referral file no. 24740 Hello