HomeMy WebLinkAbout20170907.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
DATE: February 14, 2017
FROM: Hayley Balzano, E.I., Development Engineer
SUBJECT: USR17-0003 Wertz
The Weld County Department of Planning Services -Engineering 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: RV Storage and Seed Dealership
This project is north of and adjacent to County Road 46 and is east of Highway 85.
Parcel number: 105712300005
Drainage Requirements:
Please contact Department of Planning Services/Engineering Development Review for questions or
assistance for drainage requirements at 970-353-6100.
URBANIZING VS NON -URBANIZING DRAINAGE AREA:
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:
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.
The applicant has submitted a preliminary drainage report. Prior to recording the final plat, a Final Drainage
Report must be submitted for review.
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 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
Planning Department 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, Rik Gay, 303-692-
3575.
Geologic Hazard Area:
This area IS NOT in a Geologic Hazard Area.
Floodplain:
This area IS NOT in a FEMA regulatory floodplain.
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 Planning Services -Engineer)
B. The plan shall be amended to delineate the following:
1. The applicant shall show and label the accepted drainage features and drainage flow arrows. Water
quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of
Planning Services -Engineer)
2. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Planning Services -Engineer)
Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
2. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
MEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Janet Lundquist, Public Works
SUBJECT: USR17-0003 Wertz
DATE: February 3, 2017
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 any Use Permitted
as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone
Districts (office and storage facility for a seed dealership and indoor and outdoor storage of RVs, boats,
construction equipment, commercial vehicles, trailers, and semi -trucks ) 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 north of and adjacent to CR 46 and is east of Highway 85. Parcel number 105712300005.
Access is from CR 46.
Access:
An Access Permit application was submitted with the application materials. Public Works will review the
application and provide an access permit and permit number if approved. Questions concerning access
requirements can be directed to Public Works access permit division.
For shared accesses, Public Works strongly recommends that 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 for the recorded exemption but is recommended
to avoid property owner conflicts in the future.
Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of shoulder to allow a
truck with trailer or RV to pull completely off of the roadway and open the gate. In no case shall any
vehicle(s) stopped to open a gate be allowed to create a safety issue for roadway users.
When feasible, there shall be no net increase in the number of accesses to a public road. Contact Public
Works to discuss your access.
Roads:
County Road 46 is a gravel road and is designated on the Weld County Road Classification Plan as a local
road, which requires 60 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.
Traffic:
Latest ADT on CR 46 was taken on 1/25/2012 which counted 98 vpd with 30% trucks.
A traffic narrative was submitted with the application materials and indicated that there will be approximately
20 daily roundtrips. The expected traffic routes are CR 35 to Highway 85, south on CR and east on CR 42
and distribution of traffic is estimated to be 70% to Highway 85 and the remainder to the east and south.
The site will have 1 employee working on a 6:00 a.m. to 10:00 p.m. schedule.
TRACKING CONTROL:
Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are
listed below. Temporary Tracking Control shall be used during construction unless permanent tracking
control is installed ahead of construction activities.
20 to 50 passenger vehicle round trips/day or less than 4 truck round trips/day:
• Access onto gravel roads includes 50 ft of road base or recycled asphalt.
• Access onto paved roads includes 100 ft of road base or recycled asphalt.
Improvements and Road Maintenance Agreement:
No improvements agreement will be required as the anticipated traffic is less than 21 round truck trips/day
or 50 round passenger vehicle trips/day or if defined as a Site Plan Review (SPR). A development standard
will be applied to the recorded map indicating any impacts to the road must be mitigated by the owner. The
access on the site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking.
CONDITIONS OF APPROVAL:
A. The plan shall be amended to delineate the following:
1. County Road 46 is a gravel road and is designated on the Weld County Road Classification Plan
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. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii on the
site plan. (Department of Public Works)
3. Show and label a 30ft minimum access and utility easement to provide legal access to the parcel
on the site plan. (Department of Public Works)
4. Show and label the approved tracking control on the site plan.
5. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (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 offsite 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)
•.''�.�86i �u
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couNTY
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Diana Aungst
From: Lauren Light, Environmental Health Services
Date: January 30, 2017
Re: USR17-0003 Wertz, c/o Winter Seed & Ag Services LLC
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 (office and storage facility for a seed dealership and indoor and
outdoor storage of RVs, boats, construction equipment, commercial vehicles, trailers,
and semi -trucks ) 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.
Central Weld Water District will provide water and a septic system will be installed.
Portable toilets and bottled water can be utilized according to EH division policy.
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.
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.
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
lobo: 9:0 :304 6420
Fax: 9,W -301-e-11 6
Environmental Health
Services
Tele: 970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fox. 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6462
Public Health
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. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in Section 14-9-30 of the Weld County Code.
6. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Onsite Waste Water Treatment Systems. A
permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
7. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (Central Weld Water District)
8. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. For 10 or less customers or
visitors per 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.
9. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Diana Aungst
From:
Sent:
To:
Subject:
Attachments:
Importance:
Kristine Ranslem
Monday, January 23, 2017 9:32 AM
Diana Aungst
FW: USR17-0003 Referral
040130 Wertz Dryup.pdf; RayRecharge 2nd pond.jpg
High
Please see the referral comments below as well as the attached documents.
Thanks!
From: Randy Ray [mailto:rray@ccwcd.org]
Sent: Monday, January 23, 2017 9:26 AM
To: Kristine Ranslem <kranslem@co.weld.co.us>
Subject: RE: USR17-0003 Referral
Kristine,
Please accept this email as the response from Central Colorado Water Conservancy District, Groundwater Management
Subdistrict and the Well Augmentation Subdistrict.
Central's mission is to support agricultural irrigation and water supply needs for all constituents in our District
boundaries, therefore, Central supports the proposed corn seed sales/storage proposal as it is complementary to our
vision. I would, however, like to submit some information for the record.
First, attached is a dry -up covenant for 10 shares of Farmers Independent Ditch Company shares which Central's Well
Augmentation Subdistrict purchased from Delbert and Rosalie Wertz in 2004. The intended use of water from Central
Weld Water on the property per the application should not be a problem, but I wanted to provide notice to Weld County
that there is a dry -up covenant on the entire 63 historical acres. The second attachment is a location map of an alluvial
groundwater recharge project operated by Central on land owned by William and Patricia Ray for several years. Central
has adjudicated two decrees regarding the operation of this recharge project in Case Nos. 87CW304 and 05CW331. This
project consists of shallow recharge basins located to the South of the proposed USR. Seasonal recharge operations
may cause water tables to be closer to the land surface. Central's benefit from recharge projects like the Ray Pond is
vital to providing augmentation supply for Central's members in Adams, Weld and Morgan Counties. Any approved
development within the USR should take into account the fact that groundwater elevations within the area will fluctuate
as described herein.
Please confirm that you have received this email.
Thanks,
Randy Ray
CCWCD Executive Director
From: Kristine Ranslem [mailto:kranslem@co.weld.co.us]
Sent: Friday, January 20, 2017 3:23 PM
To: Bethany Pascoe <bpascoe@co.weld.co.us>; Alan Caldwell <acaldwell@co.weld.co.us>; Hice-Idler, Gloria <gloria.hice-
idler@state.co.us>; tracy.kosloff@state.co.us; denise.kostiv@state.co.us; Grooms - DNR, Michael
<michael.grooms@state.co.us>; swheeler@evanscolorado.gov; 'gail@townofgilcrest.org' <gail@townofgilcrest.org>;
trudy@townofgilcrest.org; jmckeown@lasalletown.com; bhulsey@lasallefire.com; mossd@wcsdrel.org; Randy Ray
<rray@ccwcd.org>; mconley@ncwcd.org; roxanne@cwcwd.com; Kathy Naibauer <kathy@cwcwd.com>;
kandee.nourse@wgcd.org; stcassidy@up.com; smmcgill@up.com
Cc: Diana Aungst <daungst@co.weld.co.us>
Subject: USR17-0003 Referral
We have received a case (USR17-0003) in which we ask that you review the material and send a
referral to us. Please click on the link below and select "Search Applications" under the Planning
tab. Input the record number and scroll down to Attachments. Click on the arrow next to the
Attachments and you will find all the information including the referral form to submit back to us. The
following is a quick link to the case search:
https://accela-aca.co.weld.co.us/citizenaccess/.
If you have any questions, please don't hesitate to contact me at the number below. Thank you!
Kr .s -ti to RRYLCIevrG
Planning Technician
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
(970)400-3519
kranslem@weldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
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272
! 1111113111111111111111111111111111 11111111111
3153272 02/11/2004 i1:56Awvold County, CO
1 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder
REAL COVENANT AGREEMENT
THIS AGREEMENT, made and entered into this 34" day of January, 2004 by
and between the Ground Water Management Subdistrict of the Central Colorado
Water Conservancy District, hereinafter referred to as "Grantee," and Delbert E.
Wertz and Rosalie K. Wertz, as tenants in common, hereinafter referred to as
"Grantor."
WITNESSETH:
WHEREAS, Grantee and Grantor entered into a Specific Performance
Contract for water rights dated December 29, 2003 for the purchase of 10 shares
of the Farmers Independent Ditch Company represented by Certificate N21008,
(hereinafter the "Shares"); and,
WHEREAS, Grantor agreed to provide information with respect to historic use
of the water rights and agreed to provide a "dryup" agreement to address the use
of water rights; and,
WHEREAS, Grantor is the owner of property described as Lot B, RE 3129,
being part of the SW 1/4, Section 12, Township 4 North, Range 66 West, Weld
County, Colorado, hereinafter referred to as "the Property," which has been
irrigated by the Shares;
WHEREAS, the Grantor, for the protection and benefit of the Grantee, agrees
to subject the property to the covenants, conditions and restrictions hereinafter set
forth in this agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises
of the parties hereto it is agreed as follows:
1. Grantor agrees that the 63 acres in the Property, shown on Exhibit 1, shall be
dried up and shall not be irrigated. The purpose of this covenant is to insure
that the consumptive use credit of the Grantee, from the shares, is not
impaired in any way.
2. The Affidavitfrom Delbert Wertz, attached hereto, is incorporated herein by
reference. This Agreement shall be considered part of the Specific
Performance Contract and the contract shall survive closing.
3. The terms, conditions, covenants, burdens, and benefits set forth herein are
intended to be and are real covenants burdening the Property for the benefit
of the Shares, running with the Property and the Shares alike, inuring to the
benefit of Grantee; their heirs, successors and assigns, and to the detriment
F'IKIMICCWCDSWater PurchaseslFarmers IndependentlWertzlWertz Dryup_wpd
1
Ali 1111111111 i111i 111111 i11i11 �"'I li111111si11111
315532272 Di 2111/2004 11:56A 1Alelowounty, CO
2 of 4 R 21.00 f) 0.00 Steve Moreno Clerk & Recorder
of Grantor's heirs, successors, and assigns.
4. Grantor warrants that title to the water stock is hereby conveyed free and
clear of all liens, encumbrances, assessments and leases of any kind.
5. The terms of and provisions of this agreement shall not expire and shall be
perpetual unless specifically released by Grantee or its successor in interest
in writing.
Delbert E. Wertz
) . 6 -
Rosalie K. Wertz .7
GROUND WATER MANAGEMENT
SUBDISTRICT OF THE CENTRAL
COLORADO WATER CONSERVANCY
DISTRICT
By 7CSV
Tom Cech, Secretary
STATE OF COLORADO )
) ss
COUNTY OF WELD )
Subscribed and sworn to before me this .3O day of January, 2004, by
Delbert E,,Wertz and Rosalie K. Wertz.
4/61 hand and official,
s• o▪ Yrnn ssion expires: Q1-1 -;lug -Cc!
'{iplO.;'G,f
I 1 6
Notak Y Public
F:,KIM',CCWCD1Water PurchasesTarmers IndependentLWertz\Wertz Dryup.wpd
I IIII 11111111111111111111 l!" 11111 III 11111 !III IIi
3153272 02/11/2004 11:56A weld County, CO
3 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder
STATE OF COLORADO )
) ss
COUNTY OF WELD )
Subscribed and sworn to before me this day of January, 2004 by Torn
Cech as Secretary of the Ground Water Management Subdistrict of the Central
Colorado Water Conservancy District.
Witne,,ijtikilarrfland official.
��• pl.311E.%tnbn expires:a�l-,
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Nota Public
F:IKIMICCWCD1Water PurchaseslFarmers IndependentMertz\Wertz Dryup,wpd
I
mbert
INDEPENDENT
Well
4718
Well
47/5
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111111 11111 IIII 11111 imu muumi III 11111 II1 liii
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12
4703
itch
N'
a
EXHIBIT 1
Delbert & Rosalie Wertz Water Offer
Farmers Independent Ditch Company
10 Shares
Part of the SW114 of Section 12, Township 4N,
Range 66W of the 6th P.M.
63 irrigated acres
3153272 02/11/2004 11:56A Weld County, CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
4#r io f li L
CCWCD, GMS, WAS - Ray - Western Mutual Ditch Co.
Easement Agreement U'
Exhibit 1
Easement Legal Description:
NE1/4 of the NW1/4 of the, of Section 13,
Township 4 North, Range 66 West
%\TCR 46
Pond
47/8°
Hambert
BM
4720
1 500 1,000 Fee
i
Submit by Email
Weld County Referral
January 20, 2017
The Weld County Department of Planning Services has received the following item for review:
Applicant: Delbert & Rosalie Wertz, c/o Winter Seed & Case Number: USR17-0003
Ag Services LLC
Please Reply By: February 17, 2017 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use by Special Review Permit any Use Permitted as a
Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone
Districts (office and storage facility for a seed dealership and indoor and outdoor storage of RVs, boats,
construction equipment, commercial vehicles, trailers, and semi -trucks ) 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.
Location: North of and adjacent to CR 46 and west of and adjacent to CR 35.5
Parcel Number: 105712300005-R4786507 Legal: PART SW4 SECTION 12, T4N, R66W, LOT A REC
EXEMPT RECX17-0013 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.
O
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. $ m '12.41r4 -
See attached letter.
Signature
Agency
1� a
Town of LaSalle
Date
2.4 14
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax
January 24, 2017
TOWN HALL
128 N. SECOND ST. LASALLE, CO 80645
970.284.6931 FAX 970.284.6983
Ms.Diana Aungst
Weld County Department of Planning Services
1556. N 17th Ave.
Greeley CO 80631
Subject: Weld County Planning Department Referral:
USR17-003 — Use By Special Review for A Site Specific Development Plan and Use by Special Review Permit any
Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial
Zone Districts (office and storage facility for a seed dealership and indoor and outdoor storage of RVs, boats,
construction equipment, commercial vehicles, trailers, and semi -trucks ) 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
Dear Dianna,
This property is located within the LaSalle Planning Area, along the HWY 85 corridor. It appears from the map that
the applicants are proposing to use a portion of the RR ROW for outdoor storage. Please consider a requirement to
provide landscaping/screening around the entire perimeter of this activity including the outdoor storage area within the
RR ROW, This site is located at the southern gateway to the LaSalle Planning Area along this important
transportation corridor. Please contact us if you have any questions. Thank you for your consideration.
Sincerely,
Jssicca McKeown
Town Clerk/Treasurer
Town of LaSalle
Town of LaSalle 128 N 2nd St LaSalle Co 80645 (970) 284-6931
Hello