HomeMy WebLinkAbout20160009.tiffMEMORANDUM
TO: Chris Gathman, Planning Services DATE: 8/28/15
FROM: Wayne Howard, P.E., Development Engineer
SUBJECT: USR15-0024, Legacy Farm
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:
Enclosed and outdoor self storage, a community garden (community supported Agriculture) and One (1)
Single -Family Dwelling Unit per Lot other than those permitted under Section 23-3-20 A (a 2nd single-
family dwelling on the parcel) in the A (Agricultural) Zone District.
This project is north of and adjacent to CR 68.5 and west of 17th St. in Windsor.
Parcel number 080718000060. Access is from CR 68.5.
Roads:
County Road 68.5 is a paved road and is designated on the Weld County Road Classification Plan 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. If the existing right of way cannot be verified it shall be
dedicated. All setbacks shall be measured from the edge of future right-of-way. This road is maintained
by Weld County.
17th St. owned and maintained by the Town/City (Municipality) of Windsor. The municipality has
jurisdiction over all accesses within their jurisdiction. Please contact municipality to verify the access
permit or for any additional requirement that may be needed to obtain or upgrade the permit.
Traffic:
Latest ADT on 68.5 was taken on 7/23/14 which counted 1904 vpd with 7% trucks.
The traffic information submitted with the application materials indicated certain amounts of traffic on a
yearly basis per access point.
Please submit the average daily roundtrip volumes of traffic and types of vehicles (passenger cars,
trucks, etc.) that will access the site.
Access:
An access permit has been approved for three access points to the site (AP15-00334).
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.
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 paved roads includes 100 ft of road base or recycled asphalt.
*Recycled concrete is not allowed in County ROW
**Tracking control devices can be double cattle guards or other specialized device
"' Tracking control for unmaintained public ROW is required just prior to entering publically maintained
roadways.
A variance request for alternatives to the above tracking control can be submitted to the Traffic Division of
Public Works for review and consideration.
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. A development standard will be applied to the recorded plan
indicating any impacts to the road must be mitigated by the owner. There shall be no tracking from the
site onto publically maintained roads. The applicant is responsible for mitigation of any damage or offsite
tracking and upgrading and/or maintaining onsite tracking control.
Drainage Requirements:
The applicants engineer has submitted a drainage narrative/report and variance request for detention
pond freeboard which was approved.
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 a
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. The plan shall be amended to delineate the following:
1. County Road 68.5 is a paved road and is designated on the Weld County Road Classification
Plan 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. If the existing right of way cannot
be verified it shall be dedicated. All setbacks shall be measured from the edge of future right-of-
way. This road is maintained by Weld County. (Department of Planning Services -Engineer)
2. Show and label the approved accesses (AP15-00334), and turning radii per engineering criteria
on the site plan. (Department of Public Works)
3. Show and label the approved tracking control on the site plan.
4. Show and label the accepted drainage features and drainage flow arrows on the site plan. Water
quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area, Volume = ?" (Department of Planning Services -Engineer)
5. Show and label the entrance gate set back a minimum of 100f from edge of shoulder.
(Department of Planning Services -Engineer)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site
(Department of Planning Services -Engineer)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will
(Department of Planning Services -Engineer)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
construction.
be required.
1. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services -
Engineer)
2. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Planning and Engineering)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services -Engineer)
5. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
MEMORANDUM
TO: CHRIS GATHMAN, PLANNING SERVICES
FROM: HEATHER BARBARE, ENVIRONMENTAL HEALTH
SUBJECT: USR 14-0024, LEGACY FARMS (AMENDMENT TO USR-
845
DATE: AUGUST 17, 2015
Environmental Health Services has reviewed this proposal An Amendment to a Site
Specific Development Plan and Use By Special Review Permit USR-845 (600 head
maximum capacity dairy) to include enclosed and outdoor self storage, a community
garden (community supported agriculture) and one (1) Single -Family Dwelling Unit per
lot other than those permitted under Section 23-3-20.A (a 2nd single-family dwelling on
the parcel) in the A (Agricultural) Zone District.
The applicant has indicated that water for domestic use will be provided by the North
Weld County Water District and irrigation water will be provided by well. The applicant
submitted documentation of existing septic systems onsite for a mobile home and the
existing house. The applicant will be required to install septic systems for the new
residences. Customers will visit the site on a seasonal basis and the applicant has
indicated that there will be an average of less than 10 customers per day. In accordance
with environmental health policy, the applicant is proposing to provide portable toilets
and bottled water for visitors. Should the facility's activities change such that number of
visitors increases and the site visited by the public and volunteers for more than six
months out of the year, the applicant will need to provide permanent sanitary facilities.
The applicant has indicated that there will not be onsite fueling or fuel storage at this
facility. The applicant also indicated that washing of equipment and vehicles onsite
would not occur and that only agricultural waste generated on -site would be composted.
Environmental Health recommends that the following requirement be met prior to
allowing the plat to be recorded:
Prior to the issuance of the Certificate of Occupancy for the new residences:
1. An onsite wastewater treatment system is required for the proposed residences
and shall be installed according to the Weld County Onsite Wastewater
Treatment System Regulations.
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, Section 30-20-100.5, C.R.S., as amended) 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, Section 30-
20-100.5, C.R.S. The facility shall contract with (a) commercial waste hauler(s)
to dispose of non-agricultural wastes and dead animals.
3. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The applicant shall operate in accordance with
Chapter 14, Article 1 of the Weld County Code.
4. Fugitive dust and fugitive particulate emissions 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 maintain compliance with the Animal Feeding Operations
(AFO) Control Regulation (Regulation No. 61, 5 CCR 1002-18), Colorado
Discharge Permit System Regulations (Regulation No. 61), and Section 23-4-
710 of the Weld County Code.
6. The facility shall comply with the composting section (Section 14) of the
Regulation Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part
1, if applicable.
7. This facility shall adhere to the maximum permissible noise levels allowed in
the Non -Specified Zone as delineated in Section 14-9-30 of the Weld County
Code.
8. The facility shall not discharge runoff or other wastes waters to surface or
groundwater with exception to what is allowed by the Animal Feeding
Operations Control Regulation.
9. Odors detected off the site shall not equal or exceed the level of fifteen -to -one
dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air
Pollution Control Regulations. Additional controls shall be implemented at the
request of the Weld County Department of Public Health and Environment in
the event odor levels detected off -site meets or exceed the level of fifteen -to -
2
one dilution threshold, or in the judgment of the Weld County Health Officer,
there exists an odor condition requiring abatement.
10. That facility shall be operated in a manner to control flies. Fly control measures
shall be implemented at the request of the Weld County Department of Public
Health and Environment in the event that flies, which can be determined to be
associated with the facility, are in such a number to be considered a nuisance
condition. Fly control measures shall be implemented in the event the Weld
County Department of Public Health and Environment receives a significant
number of fly complaints associated with the facility, and in the judgment of the
Weld County Health Officer, there exists a fly condition requiring abatement.
11.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 manufacturer's recommendations.
12. Sewage disposal for the facility shall be by septic system. Any septic system
located on the property must comply with all provisions of the Weld County
Code, pertaining to On -site Wastewater Treatment Systems.
13.Adequate drinking, hand washing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. If the facility will be used on
a seasonal basis (6 months or less per year) or will have 10 or less customers
per day, 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.
14.A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply.
15. The operation shall comply with all applicable rules and regulations of State
and Federal agencies and the Weld County Code.
3
Legacy Farm Variance Request
Windsor/Severance Fire District
The attached drawing shows the area of the Legacy Farm that is proposed for
a Use By Special Review in Weld County. The "Existing Barn" is presently enclosed
on all sides while the other buildings and features are either in existence already or
proposed as part of the garden and farm that makes up the majority of the property.
In order to modify the barn from 'enclosed' to 'covered' we are proposing to remove
the metal siding from the east and west walls, replacing these solid walls with
screen or netting to keep the birds from entering the building. We are requesting
that the north and south walls (gable ends of the building) can remain covered with
the metal siding to act as screening for the vehicles parked inside the building, offer
secure access through overhead doors in these ends, and help retain the structural
integrity of the building (sheer walls).
All weather access around the entire building is shown and several gated
locations are shown to facilitate fire and emergency vehicles access to and around
this area. The areas just outside the access ways around the building will be used for
outdoor storage of Recreational Vehicles, other vehicle outdoor storage or enclosed
containers used for household or other enclosed storage. These uses will not
encroach on the all weather access ways depicted. A plan for these areas will be
presented to the District prior to storing vehicles or containers.
On the east side of the property is an existing wood fence owned and
maintained by the adjoining neighborhood HOA. In addition there is extensive
landscaping between the fence and 17th Street that runs parallel to the property line.
In this Right-of-way are two fire hydrants as shown. Any plans for the area between
the hydrant closest to the barn will include an unobstructed access area as shown.
Because the adjoining property is owned by another party, is landscaped and
fenced, it is impractical to accommodate an all weather roadway off of 17th Street.
There are, however, two points of access that are shown coming off of WCR 68.5 as
well as access off of WCR 13 to the west. Another driveway will be installed to
access Lot A and this drive will connect to the farmyard area that is adjacent to the
area shown.
The USR request has been supported by the Weld County Staff and has been
approved for recommendation by the Weld County Planning Commission. I hope
these drawings, photographs and narrative address the concerns described by the
Fire Marshall. Your consideration and approval of these requests would be
appreciated.
Sincerely,
Stan Everitt
695 Southwood Lane
Windsor, CO 80550
970-222-4151
TOWN I
WINDSOR125°'
COLORADO
Via Email
November 17, 2015
Mr. Chris Gathman, Weld County Planner
Weld County Planning Department
1555 N. 17th Ave
Greeley, Colorado 80631
Subject: Use by Special Review (USR15-0024) — Legacy Farm, LLC
Dear Mr. Gathman,
The enclosed comments are being submitted in accordance with the Coordinated Planning
Agreement between Weld County and the Town of Windsor.
The proposed development is located within the Town of Windsor's Growth Management Area
(GMA) and Community Influence Area (CIA). Should the proposed Use by Special Review be
approved, the Town of Windsor respectfully requests that the following items be addressed:
1. Screening: All outdoor storage and/or non-residential uses shall be screened from
neighboring residential properties with opaque fencing, earth berms, dense landscaping
or any combination of these methods to mitigate any negative impacts.
2. Lighting: All lighting fixtures, including wall pack lighting and other service area and
security lighting, shall be full cutoff fixtures and mounted so that light is directed directly
downward. Light sources shall be concealed or shielded so as to minimize uplight, spill -
light, glare and unnecessary diffusion on neighboring properties.
3. Signage: Freestanding signs shall meet a minimum setback distance of fifteen (15) feet
from the property line and shall be mounted on a monument base. Such signs shall not
exceed sixteen (16) feet in height or seventy-two (72) square feet per side of sign.
4. Paving of parking lots: All parking lots and driveways which are designed to be used
for employee, visitor or customer parking with direct access to a Town of Windsor street,
shall be paved with asphalt or concrete.
Thank you for the opportunity to review this proposal and please let me know if you have any
questions.
Sincerely,
1/21
Paul Hornbeck
Associate Planner
pc: Gale Schick, Chairman, Windsor Planning Commission
Kelly Arnold, Town Manager, Town of Windsor
Scott Ballstadt, Director, Town of Windsor Planning Department
301 Walnut Street • Windsor, Colorado • 80550 • phone 970-674-2400 • fax 970-674-2456
www.windsorgov.com
COLORADO
Division of Water Resources
7-� ib"ert of,V s_u.. Prdor.res
1313 Sherman Street, Room 821
Denver, CO 80203
August 17, 2015
Chris Gathman
Weld County Department of Planning Services
Transmission via email: cgathman@co.wetd.co.us
Re: Legacy Farm, LLC
Case No. USR15-0024
Pt. NW'/a NW1/ Section 18, T6N, R67W, 6th P.M.
Water Division 1, Water District 3
Dear Mr. Gathman:
We have reviewed the above referenced proposal for an amendment to an existing
site -specific development plan and use by special review (USR-845). The submitted material
does not appear to qualify as a "subdivision" as defined in C.R.S. § 30-28-101(10)(a).
Therefore, pursuant to the State Engineer's March 4, 2005 memorandum 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 subject parcel is approximately 51 acres in size and contains an existing organic
dairy operation. The amendment seeks to add enclosed and outdoor self storage, a
community garden (CSA), and a 2nd single-family dwelling on the parcel. The request for
amendment to the USR is associated with a pending application for a recorded exemption for
the property. The dairy is proposed to continue to operate on Lot B of the proposed recorded
exemption along with the community garden, self -storage, and a new single-family home in
addition to the existing caretaker's residence. Lot A will contain a new single-family
residence as well.
Domestic water will be provided by the North Weld County Water District ("NWCWD"). The
applicant provided a letter from the NWCWD dated March 18, 2015, stating that water is presently
being provided to proposed Lot B and that the NWCWD is able and intends to provide water service
to proposed Lot A, provided all requirements of the District are satisfied. The NWCWD most recently
provided updated supply and demand information via the Tri-Districts on December 18, 2012. The
document shows that the NWCWD's firm yield supply of 6,392 acre-feet exceeds its dry year planning
demand of 4,702 acre-feet. This office considers the NWCWD to be a reliable water source.
Irrigation water is provided by three irrigation wells, permit nos. 15061-R, 15059-R,
and 18214 -F -R. The wells with permit nos. 15061-R and 15059-R were decreed in Division 1
Water Court case no. 81CW0377 for the irrigation of 50 acres in the S'h of the NW V4 of said
Section 18. The well with permit no. 18214 -F -R was decreed in case no. W-4540 for domestic
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3585 www.water.state.co.us
Legacy Farm, LLC Page 2 of 2
Case No. USR15-0024 August 17, 2015
and commercial purposes at a dairy. All three wells are included in the Cache la Poudre
Water User's Association augmentation plan.
So long as the existing well are used in accordance with their permitted and decreed
terms and conditions, this office has no objection to the subject proposal. Please contact
Sarah Brucker of this office if you or the applicant have any questions.
Sincerely,
Tracy L. Kofloff, P.E.
Water Resource Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3585 www.water.state.co.us
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