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HomeMy WebLinkAbout20110125.tiff t--/,;;;,, Kis Weld County Referral September 21 , 2010 I C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Juan Soto Case Number USR-1763 Please Reply By October 20, 2010 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including Commercial Rodeo Arenas and Commercial Roping Arenas, to include an outdoor arena in the A(Agricultural)Zone District. Legal Lot A RE-4347; located in Part of the E2NW4 of Section 27, Ti N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 6 and approximately 1,800 feet east of CR 31. Parcel Number 1471 27 200003 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ 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. IC,See attached letter. EXHIBIT Comments: 1 Signature Date f�l - / r� O Agency �� ��n L (1 l E;;L� •:•Weld County Planning Dept. +1555 N 17'"Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 4•(970)304-6498 fax 2011-0125 Weld County Planning Department • GREELEY OFFICE (1rT 28i ?run MEMORANDUM RE EIVED TO: Chris Gathman, Planning Services DATE: October 21, 2010 "lige FROM: Heidi Hansen, P.E., Public Works Department dV COLORADO SUBJECT: USR-1763, Juan Soto The Weld County Public Works Department has reviewed this proposal. This project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff comments made during this phase of the Use by Special Review process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Weld County Road Classification Plan (FHU): WCR 6 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60- foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Access: The applicant has obtained an access permit for a new access onto WCR 6. 1. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. Road Access Culverts Sec. 8-3-10. Installation of culvert. The owner of the property shall pay for materials and the cost of installation for new road access culverts whenever the installation of a culvert is made necessary by the creation of a new access from private property to a County road, by any alteration of the natural flow of water across private property by the owner, or for any other reason created by any owner of private property. The culvert shall be installed according to the specification of the Department of Public Work as to size and location in the County rights-of- way or other County property in which such culverts may be installed. The culvert size will be determined in accordance with standards engineering practices. The property owner shall be responsible for cleaning the borrow ditch to the extent required to accommodate the road access culvert and insuring proper drainage. 2. The access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. 3. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Storm Water Drainage: The applicant has provided a water quality depression that is acceptable to the Public Works department. 1. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. M VPLANNINti DE\I LOPMENT R''VIEWVUSR:Use by Special ReviewVUSR-1763 Sow Rodeo AUSR-1763.docx 2. Please add the following note to the final plat: "Weld County is not responsible for the maintenance of drainage related features." Flood Hazard Development Standards: This area IS NOT in a Special Flood Hazard Area (SFHA)as determined by the Federal Emergency Management Agency(FEMA). pc: USR-1763 • S M.APLANNING—UEVEI,OPMENT REVIEW Vt1SR-Use by Special ReviewVUSR-1763 Soto Rodeo AUSR-1763.docx Il Kit,L" , MEMORANDUM WillTO: CHRIS GATHMAN, PLANNING SERVICES CFROM: MARY EVETT,SUBJECT: USR-1763 3 SOTOVIRONMENTAL HEALTH COLORADO DATE: OCTOBER 8, 2010 Environmental Health Services has reviewed this proposal for a commercial rodeo facility, to include an outdoor (training) arena and animal sheds. According to the application, the rodeo facility will operate from March through September. The hours of operation will be from noon to 8 pm, on Saturdays. There will be an estimated 450 patrons and 9 employees at the site. There is an existing 3 bedroom modular home on the property that is served by an individual sewage disposal system (Permit No. SP-0100054). According to the septic permit, there is an individual well that serves the home (Well Permit #230870). A copy of Well Permit #230870 needs to be submitted to Environmental Health Services. The patrons and employees for the rodeo facility must have access to potable water, restrooms and hand washing facilities. The applicant is proposing to use portable toilets for the public and employees. The following section is from Environmental Health Services, Weld County Department of Public Health & Environment, Septic Policies: Policy 2.2.K Use of Portable Toilets Purpose: To define when Portable Toilets may be used in lieu of a vault or septic system. Policy: Portable toilets may be utilized on sites for temporary and seasonal use for up to six months as part of the Temporary Seasonal Permits issued by Weld County Planning for situations such as fireworks stands, Christmas tree stands, seasonal recreational facilities, etc. As noted above, it is the policy of this department that portable toilets are allowed when a use is temporary or seasonal for a time period of six months or less. As the time period exceeds 6 months in duration, the use of portable toilets cannot be allowed as the facility is not a seasonal use. This Department will require the installation of permanent restroom and hand wash facilities. The installation of the restrooms will require a septic permit through this • Department. As this is a commercial facility, the septic system must be designed by an engineer and approved by the Weld County Board of Health. According to the application, water is provided by a commercial well; however the applicant did not provide a copy of the commercial well permit. The applicant will need to submit documentation from the Colorado Division of Water Resources which verifies the well is appropriately permitted for the proposed use. The waste handling plan included a copy of a contract with the commercial disposal company, Gator Rubbish Removal LLC, who will provide a dumpster and will remove trash and garbage on a weekly basis. The plan also indicates that manure will be composted on site. The plan should also describe how the composted manure will be managed, removed, land applied, etc. According to the application, dust will be controlled by watering the ground; however, there was no mention of the water source. If the well water is utilized for dust control, it must be appropriately permitted for this purpose. Noise will be restricted to the level allowed in the non-specified zone district. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be Ill recorded: 1. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 2. An individual sewage disposal system is required for the proposed rodeo facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 3. In the event the septic system requires a design capacity of over 2,000 gallons of sewage per day the applicants shall provide evidence that all requirements of the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (specifically Policies WQSA-6 and WQSA-8 ) have been satisfied. Evidence of compliance shall be provided to the Weld County Department of Public Health and Environment. Alternately, the applicant can provide evidence from the WQCD that they are not subject to these requirements. 2 4. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large-capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. 5. Provide written documentation to the Weld County Department of Public Health and Environment from the Colorado Division of Water Resources which verifies the well is appropriately permitted for the proposed use. 6. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). We recommend that the following requirements be incorporated into the permit as IIdevelopment standards: 1. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, flies, odors, disease hazards, and nuisances are minimized. 2. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. 3. 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., as amended. 4. 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. 5. The applicant shall operate in accordance with the approved "waste handling plan", at all times. II 3 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. 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. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility at all times. 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 10.This application is utilizing wells as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 11.Permanent restroom facilities shall be provided for the rodeo employees and public. 12.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 4 Chris Gathman • Kristine Ranslem "Object: FW: USR-1763 comments and revisions Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Mary Evett Sent: Thursday, December 02, 2010 10:50 AM To: Chris Gathman Subject: USR-1763 comments and revisions Chris, Since the applicant intends to operate from March to August (6 months or less), then bottled water, portable hand washing units and portable toilets may be used for employees and patrons. The number of portable toilet units shall be based upon the Stanford Event and Labor Services Chart. tease revise the draft Administrative Review as follows: 1. I noted that you added a Development Standard regarding the Commercial Well permit No. 70020-F. I did not receive a copy of the permit from the applicant. If the commercial well is approved for this operation, then remove Condition 1. F. of "Prior to recording the plat." 2. Add the following Development Standards: - "The Stanford Event and Labor Services portable toilet chart shall be adhered to as a minimum guideline. Records of maintenance and proper disposal shall be retained on a seasonal basis." - "Adequate toilet facilities (portable toilets) and hand washing units shall be provided for employees and patrons of the facility. A minimum of six portable toilets are required for any event that occurs over a 6 hour time frame. Eight portable toilets will be required for any event that exceeds a 6 hour time period. At least one unit should be handicap accessible. A minimum of two portable hand washing stations shall be provided." - "If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division." 3. Please revise Development Standard #21 to read: "This application is utilizing a well as its source of water. The applicant should be made aware that groundwater may not meet all ranking water standards as defined by the Colorado Department of Public Health and vironment. We strongly encourage the applicant to test their drinking water prior to onsumption and periodically test it over time." 1 4. Please remove Development Standard #22 regarding permanent restroom facilities, and remove Development Standards 24, 26, 27, and 28 (these are duplicates) . illsank you, ary Evett Environmental Health Services Weld County Department of Public Health & Environment 1555 North 17th Avenue Greeley, Colorado 80631 Office #: 970-304-6415, Extension 2216 Fax #: 970-304-6411 III 2 Submit by Email Print Form Kitt. Weld County Referral September 21, 2010 igfiC. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant I Juan Soto I Case Number USR-1763 Please Reply By October 20, 2010 Planner Chris Gathman Project A Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including Commercial Rodeo Arenas and Commercial Roping Arenas, to include an outdoor arena in the A (Agricultural)Zone District. Legal Lot A RE-4347; located in Part of the E2NW4 of Section 27, Ti N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 6 and approximately 1,800 feet east of CR 31. Parcel Number 1471 27 200003 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ 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. ❑x See attached letter. Comments: Please see the attached memorandum Signature Date 09/22/2010 Agency ning Complian Offic r II 4weld County Planning Dept. 01555 N 17th Ave,Greeley,CO.80631 5(970)353-6100 ext.3540 5(970)304-6498 fax ' a MEMORANDUM COLORADO To: Chris Gathman, Planner September 22, 2010 From: Bethany Salzman, Zoning Compliance Officer Subject: USR-1763 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV09-00217)was noted. This violation was initiated due to the operation of commercial rodeo events without first submitting and completing the necessary Weld County Zoning Permits. This case was presented to the Board of County Commissioners through the Violation Hearing process on November 10, 2009. At that Violation Hearing, the Board of County Commissioners referred this case to the County Attorney's Office, but delayed legal action for 60 days (01/11/10). Since the extension granted by the Board of County Commissioners has expired, the investigation fee is required. Complaint was initially received from the public; however,additional complaints have been received by the Sheriffs Office for ongoing events. This application if approved by the Board of County Commissioners and once a plat is recorded will correct the violation. If this application is denied, all rodeo events shall immediately cease or the Violation case will proceed accordingly through the Court process. SERVICE.TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES Kit6 1555 N. 17th ONE (9, COLORADO 80631 PHONE: 0) 353-6100,-64 8 3540 FAX: (970) 304-6498 COLORADO Date: November 15, 2010 Applicant: Juan Soto Project: A Site Specific Development Plan and Use by Special Review Permit for an agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including Commercial Rodeo Arenas to include an outdoor arena in the A (Agricultural) Zone District. Case Number: USR-1763 Parcel Number: 1471 27 200003 1. Applicant's statement indicates there is no proposed building construction on site. Based on the information supplied; no building permits will be required. S Regards, Ken Swanson Building Official Weld County Building Department 10/19/2010 14:19 3038570351 CITY OF FT LUPTON PAGE 01/01 s Weld County Referral September 21, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review; Applicant _Juan Soto Case Number USR-1783 - Please Reply By October 20,2010 Planner Chris Gethman Project A Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service Establishment primarily engaged In performing agricultural, animal husbandry or horticultural services on a fee or contract basis. Including Commercial Rodeo Arenas and Commercial Roping Arenas,to include an outdoor arena in the A(Agricultural)Zone District. - I Legal Lot A RE-4347; located In Part of the E2NW4 of Section 27,T1 N,RBBW of the 6th P.M.,Weld County.Colorado. 111 Location South of and adjacent to CR 6 and approximately 1,800 feet east of CR 31. Parcel Number 1471 27 200003 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. You will be notified in writing of the Planning Commission date once the date is determined. ® We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because o We have reviewed the request and find no conflicts with our Interests. ® See attached letter. 1 CtAltddet Coom"meents: Ali lead CO. nt 'w�care, tetaLK Cfa ,we W, SignatureL • " cR a /4"-/9-�U Agency +Weld County Planning Dept *1555 N 17'"Ave,Greeley,CO.80831 *(970)353.8100•x13540 4(970)3048498 fax s•c to:- DEPARTMENT OF NATURAL RESOURCES ' ' $; DIVISION OF WATER RESOURCES 11 + 1 + ��o *I #i �. .p */� Bill Ritter,Jr. `. 2g76 - Governor ...- Mike King September 23, 2010 Executive Director Weld County Planning Department Dick Wolfe,P.E. GREELEY OFFICE Director/State Engineer Chris Gathman, Planner F.,EP ''9 07010 Weld County Department of Planning Services t 1555 N 17th Ave. tl'14 ECE'�'ELJ Greeley, CO 80631 6`� �r RE: Case No. USR-1763; Juan Soto, Applicant Sec. 27, TIN, R66W, 6th P.M. Water Division 1, Water District 2 Dear Mr. Gathman: We have reviewed the above referenced application for a site specific development plan and use by special review permit for a commercial rodeo/roping arena on a 10 acre parcel. The submitted material 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 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 Il for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The water source for the proposed arena is a commercial well, permit no. 70020-F. This permit was issued on July 7, 2010 and allows the use of up to 2.8 acre-feet of water per year for commercial purposes. A copy of this permit and related application materials is available from the Division of Water Resources website at http://www.water.state.co.us/. So long as the well with permit no. 70020-F is operated in accordance with its permitted conditions, this office has no objection to this project. If you have any questions, please contact Sarah Reinsel of this office. Sincerely, /A UL ^J na Williams, P.E. Water Resource Engineer JW/skr/USR-1763 11 Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 • Fax:303-866-3589 www.water.state.co.us Hello