HomeMy WebLinkAbout20040132.tiff • Weld County Planning Department
yictia GREELEY OFFICE
tsita
e MEMORANDUM JUN 1 9 2003
RECEIVED
"Flue TO: Jacqueline Hatch, Planner DATE: 6/18/2003
FROM: Donald Carroll, Engineering Administrator
COLORADO SUBJECT: USR-1431, Marlin Ness
The Weld County Public Works Department has reviewed this proposal; this project falls primarily under the
purview of the Use by Special Review Standards. Weld County Code, Chapter 23, Article II, Division 4,
Section 23. Our comments and requirements are as follows:
COMMENTS:
Access: The access is located across and adjacent to State Highway 34 (28th Street Frontage Road) and
approximately 1/2 mile east of 1st Avenue. The Colorado Department of Transportation (CDOT) has jurisdiction
over all accesses to the state highways. Please contact Gloria Hess-Idler or Tess Jones at the Greeley office
to verify the access permit or for any additional requirements that may be necessary to obtain or upgrade the
permit.
QEQUIREMENTS:
Traffic Study: All new commercial development with an expected ADT>200 vehicles will be required to
submit a traffic study as a part of the review process. This study shall include a description of the project,
vehicle trip generation and distribution, verification of adequate acceleration, deceleration, storage facilities at
all impacted intersections, review of bridge capacity, intersection level of service analysis for existing and
proposed conditions, and a recommendation for needed upgrades to transportation infrastructure to support
the development.
Off-Street Parking and Circulation: Off-street parking spaces including the access drive shall be surfaced
with gravel, asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems.
The applicant needs to place on the plat drawing direction arrows showing one-way circulation. The 16-foot
width roadway will not accommodate two-way recreational vehicles.
Adequate turning radiuses shall be designed for the facility to accommodate recreational vehicles. Utilize the
AASHTO Design of Highways and Streets for your reference.
Storage: Off-street parking spaces including the access drive for the storage area shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. Each space
shall be equipped with wheel guards or curb blocks where needed to prevent vehicles from extending beyond
the boundaries of spaces and from coming into contact with other vehicles, walls, fences, or plantings.
Americans Disabilities Act: There shall be parking spaces identified to conform to all the standards of the
.-American Disabilities Act. This number should be determined by Planning Services.
4. EXHIBIT
2004-0132
3cqueline Hatch, Planner
6/17/2003
USR-1431, Marlin Ness
Page 2
Access and Perimeter Road: The access and perimeter road shall be surfaced with gravel or the equivalent
and shall be 24 feet in width minimum for two-way traffic with adequate turning radiuses at intersections and
curves to accommodate recreational vehicle traffic. This road shall be graded and drained to prevent drainage
problems and shall be an all-weather type surface for access throughout the year.
Existing Sanitary Sewer Line: The applicant shall show any existing man holes and easements throughout
the proposed USR, and verification from the City of Greeley is required to indicate that there is adequate cover
over all proposed roads, parking areas, and any existing easements that may cross the sewer line throughout
the facility.
Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a
manner that 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.
Flood Plain and Flood Way Survey: The application appears to be within the 100-year flood plain and flood
way area adjacent to the South Platte River. Planning Services will determined if a permit will be required for
the proposed USR.
Recreational Area: The applicant indicated a nine-hole golf course or a driving range may be added in the
future. We recommend that the USR is amended at that time to accommodate adequate parking and
additional buildings that may be required for the facility.
pc: USR-1431 M:\PLANNING\USR-4.doc
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Weld County Referral
' May 19, 2003
C.
COLORADO
The Weld County,Department of Planning Services has received the following item for review:
Applicant Marlin Ness Case Number USR-1431
Please Reply By June 17, 2003 Planner Jacqueline Hatch
Project Site Specific Development Plan and Use by Special Review for an RV Park,
Storage and Recreation Area in the Agricultural Zone District.
Legal NE4 Section 21, T5N, R65W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 34 (28th Street Frontage Road) and
approximately 1/2 mile east of 151 Avenue.
Parcel Number 0961 21 000021
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.
Weld County Planning Commission Hearing (if applicable) July 1, 2003
O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
,'l We have reviewed the request and find no conflicts with our interests.
O See attached letter.
Comments:
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•'Weld County Planning Dept. •.1555 N. 17th Ave.Greeley,CO.80631 4'(970)353-6100 ext.3540 +(970)304-6498 fax
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Weld Co un fy Referral
IIik May 19, 2003
COLORADO
The Weld County Department of Planning Services has received the following Item for review:
Applicant Marlin Ness Case Number USR-1431
Please Reply By June 17, 2003 Planner Jacqueline Hatch
Project Site Specific Development Plan and Use by Special Review for an RV Park,
Storage and Recreation Area in the Agricultural Zone District.
Legal NE4 Section 21, T5N, R65W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 34 (28th Street Frontage Road)and
approximately 1/2 mile east of 1th Avenue.
Parcel Number 0961 21 000021
0
,r. 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.
Weld County Planning Commission Hearing (if applicable) July 1, 2003
O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
Cl We have reviewed the request and find no conflicts with our interests.
0 See attached letter.
Comments; '/ )� / f /
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+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-8100 ext.3540 4(970)304-6498 fax
MEMORANDUM
a
TO: CHRIS GATHMAN,PLANNING SERVICES :�
1 FROM: CHARLOTTE DAVIS,ENVIRONMENTAL HEALTH
CSUBJECT:USR-1431 MARLIN NESS
DATE: 06/19/2003
COLORADO CC:
Environmental Health Services has reviewed this proposal for a RV Park, Storage and
Recreation. We have several concerns about the proposal resented.
The application materials state that motor homes visiting the site will provide potable
water and sanitary sewer for the first season. The application further states that the
owner would like install a water treatment facility and septic system similar for the
property south of HWY 34 because the City of Greeley will not allow annexation, will
not allow the use of the sanitary sewer line, nor the use of City water. It is our
understanding through correspondence with Darrell Gesick, City of Greeley Planner I,
that the City of Greeley willing to provide the applicant with these services once the
annexation process is complete. Mr. Gesicks' letter dated June 16, 2003, states that
the applicant has not exhausted all of his annexation options with the City of Greeley.
The letter also indicates that City of Greeley cannot support this proposal for several
other potential planning concerns and suggests that this request does not comply with
section 30-2-120 of the Weld County Code.
It is this departments recommendation that the applicant exhaust all of the annexation
options available with the City of Greeley. If, however, this application is approved the
following conditions and development standards are recommended:
We recommend that the following requirements be met prior to allowing the plat to be
recorded:
1. The Environmental Health Services Division was unable to locate a septic permit
for the septic system serving the garage. The septic system shall be reviewed by
a Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the systems ability to
handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public
Health and Environment. In the event the system is found to be inadequately
sized or constructed the system shall be brought into compliance with current
Regulations.
2. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
3. A permanent, adequate sewage disposal system shall be provided for sanitary
purposes.
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., 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, 30-20-100.5, C.R.S.,
as amended.
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.
4. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
5. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S., as amended.
6. The facility shall utilize the existing municipal sewage treatment system.
7. The facility shall utilize the existing public water supply.
8. Adequate toilet facilities shall be provided for employees and visitors of the site.
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.A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
11.Development or RV pads shall not be allowed over the City of Greeley sanitary
sewer line easement.
2
MEMORANDUM
KitTO: JACQUELINE HATCH, PLANNING SERVICES
' FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH
C. SUBJECT:1 /17/003 MARLIN NESS
DATE:
COLORADO CC:
Environmental Health Services has reviewed this proposal for a RV park, storage and
recreation area. 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
recorded:
1. All septic systems located on the property shall have appropriate permits from
the Weld County Department of Public Health & Environment. The
Environmental Health Division of the Weld County Department of Public Health &
Environment was unable to locate a septic permit Any
existing septic system(s) which is not currently permitted through the Weld
County Department of Public Health & Environment will require an I.S.D.S.
Evaluation prior to the issuance of the required septic permit(s). In the event the
system(s) is found to be inadequate, the system(s) must be brought into
compliance with current I.S.D.S. regulations.
2. The Environmental Health Services Division was unable to locate a septic permit
for the septic system serving the existing structure. The septic system shall be
reviewed by a Colorado Registered Professional Engineer. The review shall
consist of observation of the system and a technical review describing the
systems ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is found
to be inadequately sized or constructed the system shall be brought into
compliance with current Regulations.
3. The installation of the septic system shall comply with the Weld County I.S.D.S.
flood plain policy.
4. The applicant shall submit evidence to the Department of Planning Services,
from the Colorado Division of Water Resources, demonstrating that the well(s)
are/is appropriately permitted for the commercial/industrial/multi-family use.
5. The facility shall comply with the Colorado Primary Drinking Water Regulations (5
CCR 1003-1). Evidence shall be provided to the Weld County Department of
Public Health and Environment that the system complies with the Regulations.
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
conditions that must be met prior to the issuance of the Certificate of Occupancy:
1. An individual sewage disposal system is required for the proposed facility and
shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
2. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
3. The installation of the septic system shall comply with the Weld County I.S.D.S.
flood plain 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., 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, 30-20-100.5, C.R.S.,
as amended.
2
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.
4. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
5. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S., as amended.
6. All potentially hazardous chemicals must be stored and handled in a safe manner
in accordance with product labeling and in a manner that minimizes the release
of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's).
7. The applicant shall operate in accordance with the approved "waste handling
plan".
8. Adequate handwashing and toilet facilities shall be provided for employees and
patrons of the facility.
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.The water system shall comply with the requirements for a community water
system as defined in the Primary Drinking Water Regulations (5 CCR 1003-1).
11.A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
3
t
a
MEMORANDUM eit
TO: CHRIS GATHMAN, PLANNING SERVICES
FROM: TREVOR JIRICEK, ENVIRONMENTAL HEALTH
ISUEJIECT:USR-1431, MARLIN NESS
DATE: 11/20/2003
COLORADO CC:
Environmental Health Services has reviewed this proposal. As you are aware, we previously
submitted a referral dated June 19, 2003. Please disregard that referral. This updated referral is
being submitted after reviewing Tony Evans, October 7, 2003, letter requesting a modification to
the original application materials. Mr. Evans letter indicates that facility will consist of 200 RV
pad sites and 20 recreational vehicle storage unit sites and that no other structures are proposed at
this time. Given the revised materials, 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 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., 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, 30-20-100.5, C.R.S., as amended.
3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
4. Fugitive dust shall be controlled on this site.
5. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in 25-12-103 C.R.S., as amended.
6. All campers and recreation vehicles (RV) using the facility must be fully self-contained
in regard to water and sewage.
7. There shall be no disposal of sewage or any waste water at this facility.
8. Any future structure(s) shall be served by an individual sewage disposal system that
meets the minimum requirements of the County Code and a community water system.
The facility shall obtain water and sewer service from the City of Greeley in the event
that it is available.
2
a
MEMORANDUM
TO: CHRIS GATHMAN, PLANNING SERVICES
FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH
IlDSUBJECT:USR-1431,
MARLIN NESS
DATE: 11/O/2003
COLORADO CC:
As you are aware, we previously submitted a referral dated June 19, 2003 and asked that this
referral be disregarded and an updated referral dated October 16, 2003, be submitted in its place.
It has come to our attention that the septic system serving the garage was not addressed in the
October 16, 2003 referral. This memo will serve to address the unpermitted septic system serving
the garage.
Weld County Code Sec. 30-2-120 states that "Permits to construct, extend or replace individual
sewage disposal system shall be denied if a community sewer is within four hundred(400) feet
of the applicant's dwelling, place of business or institution; and if the municipality or district
agrees to provide sewer service".
The City of Greeley Water and Sewer Department has confirmed that the sewer service is within
400 feet of the applicant's dwelling and is providing sewer service to the home at this time.
Therefore, this department is requiring that the applicant abandon the existing unpermitted septic
system and connect the garage restroom facilities to Greeley Sewer. An alternative solution
would be to abandon the septic system and remove the restroom facilities in the garage.
We recommend that the following requirements be met prior to allowing the plat to be recorded:
1. The applicant shall abandon the septic system serving the garage restroom facility and
either remove the garage facilities or connect to The City of Greeley Sewer Services
in accordance with Weld County Code. Written verification or physical evidence that
the septic system has been abandoned, that the restroom facilities has either been
connected to the city sewer or has been removed shall be submitted to the Weld
County Planning Department and the Weld County Department of Public Health and
Environment.
Weld County PlannHp. Department
GREELEY OFFICE
0 JUN 1 7 2003
Kit
Weld County Refe / R ®
WilkMay 19, 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Marlin Ness Case Number USR-1431
Cffiz4Please Reply By June 17, 2003 Planner JaequolincIIatd. O S
m M'MH&
Project Site Specific Development Plan and Use by Special Review for an RV Park,
Storage and Recreation Area in the Agricultural Zone District.
Legal NE4 Section 21, T5N, R65W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 34 (28th Street Frontage Road) and
approximately IA mile east of 1st Avenue.
Parcel Number 0961 21 000021
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.
Weld County Planning Commission Hearing (if applicable) July 1, 2003
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature / Date o _ye , O3
Agency COne.wt,N7e c etoPs.c DePAs-LT.K(aT- Pe-*o no(a ,
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 +(970)304-6498 fax
OFFICE OF COMMUNITY DEVELOPMENT
�►,,- Planning Division
1100 10th Street, Suite 202, Greeley, Colorado 80631 • (970)350-9780• Fax(970)350-9800
City of • www.greeleygov.com
reeley
June 16, 2003
Chris Gathman
Weld County Planning Department
1555 N. 17`h Avenue
Greeley, CO 80631
RE: USR-1431
Mr. Gathman,
Thank you for the opportunity to comment on this USR for a RV Park, Storage and Recreation Area in
the Agricultural Zone District. The City of Greeley Planning staff has reviewed the application and wish
to forward the following comments:
1. This proposal does not comply with Section 30-2-120 of the Weld County Code. According to
City records, a sewer line is located on the applicant's property. In addition, there is a water line
approximately 200 feet to the west of the subject property. The property is contiguous with the
City Limits and the City believes it would be appropriate to annex. The City of Greeley is willing
to provide the applicant with these services once the annexation process is complete.
2. The applicant stated in a letter dated April 14, 2003, that the City of Greeley will not allow
annexation, will not allow the use of the sanitary sewer line, nor the use of City water. The City
will allow the use of the sanitary sewer line and water line once annexation is complete. The City
of Greeley informally reviewed Mr. Ness' annexation and development proposal on January 21,
2003. At that time, Planning staff indicated that Mr. Ness would be required to demonstrate that
he met the 1/6th contiguity requirement. The City of Greeley Planning staff requested additional
information and have not had a response back from the applicant since the January 2003 informal
review. Even if the subject property does not have the required contiguity necessary to annex his
property as one annexation, it is not uncommon for property to be annexed through a series of
annexations. The applicant has not exhausted all his options with the City of Greeley.
3. The subject site is located in the City of Greeley's Long-Range Expected Growth Area (LREGA),
as adopted by the City of Greeley 2020 Comprehensive Plan. The LREGA includes those lands
anticipated to accommodate the City of Greeley's urban development over the next twenty years.
In addition, the property is located in the Urban Growth Area (UGA), which is the area where a
full complement of land uses are to be developed at urban densities. The site is also within the
SERVING OUR COMMUNITY • I T ' S A TRADITION
721e promise/o preserve anti improve/Fe rua/ly of or Sreeley//rough/imely, courteous and eftec/ioe service.
Chris Gathman
June 16, 2003
Page Two
Greeley Municipal Area of Influence (GMAI). This is the area within which the City may
influence development through utility provisions and related services.
4. The RV pads are proposed to be located over the sanitary sewer line. Development is not allowed
within any City of Greeley easements. The easement should be shown on the site plan.
The City of Greeley cannot support this request considering it does not comply with Section 30-2-120 of
the Weld County Code and annexation is available to the applicant. The applicant has approached the
City of Greeley and should exhaust all options with the City.
Thank you for including the City of Greeley in the review process. If any questions arise, please do not
hesitate to contact me at 350-9822.
Sincerely,
t)totAtleocj
Darrell Gesick
Planner I
Weld County Referral
' May 19, 2003
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Marlin Ness Case Number USR-1431
Please Reply By June 17, 2003 Planner Jacqueline Hatch
Project Site Specific Development Plan and Use by Special Review for an RV Park,
Storage and Recreation Area in the Agricultural Zone District.
Legal NE4 Section 21, T5N, R65W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 34 (28th Street Frontage Road)and
approximately 1/2 mile east of 1'Avenue.
Parcel Number 0961 21 000021
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.
Weld County Planning Commission Hearing (if applicable) July 1, 2003
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
O We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature /IL%�` Date 6//1 /03
,.� Agency l �1/o-n c�c d Jt t S;avt aim CA);! )re
+Weld County Planning Dept. ++1555 N. 17th Ave. Greeley,CO.80631 •x(970)353-6100 ext.3540 +(970)304-6498 fax
STATE OF COLORADO
Bill Owens,Governor �2���
DEPARTMENT OF NATURAL RESOURCES _
DIVISION OF WILDLIFE 31jg
AN EQUAL OPPORTUNITY EMPLOYER the .Aw'
Russell George,Director N OF
6060 Broadway For<lildlife-
Denver,Colorado 80216
Telephone: (303)297-1192 For People
June 6, 2003
Jacqueline Hatch
Weld County Planning Department
1555 N. 17th Ave.
Greeley, CO 80631
RE: Case Number USR-1431
Dear Jacqueline,
I received and reviewed the proposal for the site specific development plan for the RV Park, storage, and
recreation area. During the review I made a site visit to the parcel. In this letter you will find the
Division of Wildlife comments concerning the proposal.
The site is located south of Highway 34 and east of 1g Avenue. Most of the site is consistent with
abandoned farm ground. The open areas are filled with a variety of tall and medium height grasses. The
proposed site also has a portion of the South Platte River flowing through it. This site is consistent with
the riparian areas found along the South Platte. There are mature cottonwood trees, willows and an
abundance of different grasses along the banks of the river. Because of the riparian area and the open
areas, it is not uncommon to see many different types of wildlife in the area. On different occasions I
have seen deer, wild turkey, foxes, coyotes and other animals using the river and adjoining lands. During
the spring and fall it is not uncommon to also see many species of waterfowl, herons and egrets. Because
of the abundance of waterfowl, there is also a lot of hunting that takes place on the adjoining lands. Red-
tailed Hawks, Great Horned Owls, and occasionally eagles can also be seen in the trees along the river.
The surrounding land is primarily private property and the Brower State Wildlife Area is to the south of
the proposed site.
It is the Division of Wildlife's recommendations that:
➢ Filling of the 100-year flood plain should be discouraged.
➢ Any fences that are erected follow the guidelines listed above.
➢ Initial construction take place before April 1 and after August 15 to minimize the impact on
any ground nesting birds.
➢ Future users are informed that hunting takes place in the area.
➢ Any trails constructed on the site remain out of the riparian areas along the South Platte
River.
DEPARTMENT OF NATURAL RESOURCES,Greg E.Walcher,Executive Director
WILDLIFE COMMISSION,Rick Enstmm,Chat•Ph*James,Vice-Chat•ORve Valdez,Secretary
Members.Bernard Black•Tom Burke•Jeffrey Crawford•Brad Phelps•Robert Shoemaker•Ken Tomes
•
> The RV Park should include rules that prohibit dogs and cats from running free. Requiring
leashes on pets, especially near the riparian areas, will help reduce any adverse impact on the
wildlife in the area.
> Surveys should be done to look for the existence of Preble's meadow jumping mouse, Ute
Ladies' —tresses orchid, and the Colorado butterfly plant before construction begins.
> The developers should be cautious and help prevent the spread of noxious weeds in the area.
It is recommended that filling in the 100-year floodplain should be discouraged. Channelization and
filling of flood plains eliminates critical wildlife habitat, constricts essential wildlife movement corridors,
and compromises scenic open space that is an important asset to community development. In maintaining
intact flood plains, communities reap multiple benefits, and minimize potential loss due to periodic
flooding.
We are concerned for the safety of the deer in the area if fences are erected, as some types of fencing can
be dangerous and even fatal to deer. Therefore, we recommend that if any fencing is to be used within or
around development sites, either during or after the project, it should be the type that would allow the
free passage of wildlife. Fencing plans should avoid the use of woven wire type fences that will trap or
prevent movement of wildlife. The Division of Wildlife prefers the use of three or four strand fencing
with a bottom strand height of 17 inches and a maximum top strand height of 36 inches, along with
installation of double stays between posts.
The tall grass found in the open areas of the site make for desirable nesting habitat for many of the
ground-nesting birds. Human activities around these nests can have negative impacts on them. It is
recommended that any construction that takes place on the site occurs before April 1 and after August 15
to minimize any impacts that human activity may have on these nests.
As this area develops, it is important to maintain the legacy of traditional agricultural land uses. Hunting
is one such activity that provides recreation, and income to landowners. Doves, pheasants, geese, and
ducks are a few of the wildlife species that are hunted in this area. Hunting is not only a recreational
activity and economic asset, but also an important management tool used by the Colorado Division of
Wildlife to manage wildlife populations. Hunting is used as the primary tool to balance wildlife
populations with available habitat. It is advisable that users of the RV Park and recreational users be
informed that hunting does occur in the area. The Brower State Wildlife Area is one of the more popular
places to hunt in the area.
Planning for new trail development should take preexisting, traditional land uses into account. Riparian
corridors are prime hunting areas. Consequently, trail development in these areas may create conflict
between trail users and hunters that have used the land for many years. Placing trails at the upland edge of
the riparian corridor, rather than through the middle of the riparian zone, informational signage, weapons
limitations and seasonal trail closures are possible solutions to potential conflict between diverse
recreational groups. Future users should also be made aware that the Brower State Wildlife Area is
closed to public access from March 1 through August 31. CDOW feels strongly that the wildlife
corridors encompassing the wetlands and adjacent upland should be protected from domestic pets of local
residents inclined to walk dogs in this natural area. This is particularly important from March through
July during which both migrant and resident birds will be nesting and raising young. It is recommended
that the RV Park should include rules to have domestic dogs and cats kept on leashes and not be allowed
to run freely. It is recommended that construction of trails along river corridors be kept out of these
riparian corridors. This will decrease disturbances to wildlife that rely on these corridors for habitat. It is
recommended that potential development sites be surveyed for Great Blue Heron rookeries. These birds
do not adapt well to constant human contact and will abandon nests if they are disturbed too much. It is
also recommended that similar surveys be done to look for Bald Eagle nests/roosts. These birds are
protected under the Federal Endangered Species Act and guidelines for buffer zones have been
established. If a nest is found, please contact the Colorado Division of Wildlife. The Division also
maintains files and maps of Significant Wildlife Habitat available for review on any project.
Preble's meadow jumping mouse (Zapus husonius preblei) and the Ute Ladies' -tresses orchid
(Spiranthes deluvialis), both federally listed as threatened, are found in riparian habitats, including those
tributary of the South Platte River. Preble's mice typically inhabit areas characterized by well-developed
plains riparian vegetation with relatively undisturbed grassland and a water source in close proximity.
Consequently, both have the potential to occur at the proposed project site. The U.S. Fish and Wildlife
Service has established standard survey protocols for determining presence or absence of these species.
Evaluations should be performed at and adjacent to the project site to ascertain the potential occurrence
of these species. If suitable habitat is present, surveys conducted according to the protocols should be
undertaken. Coordination for Preble's should be through Pete Plage and for the orchid through Jan
McKee, both in the Lakewood office (303-275-2370). The Colorado butterfly plant is also found in
moist floodplain environments along the Front Range and so could occur in the project vicinity. Although
no protocols have been established for this species, surveys to ensure it will not be adversely impacted
should be undertaken. Questions should be directed to Ms. McKee.
The Colorado Butterfly plant (Gaura neomexicana spp., coloradensis) was listed as a threatened species
on October 18, 2000 and the U.S. Fish& Wildlife Service has not yet published formal survey guidelines
for this species. The Colorado butterfly plant occurs on subirrigated alluvial soils on level or slightly
sloping floodplains and drainage bottoms between 5,000 and 6,4000 feet in elevation in north-central
Colorado, southeastern Wyoming, and western Nebraska. Colonies are often found in low depressions
along wide, active stream channels. The Colorado butterfly plant typically occurs in habitats created and
maintained by streams that are active within their floodplains, with vegetation that is relatively open and
not overly dense or overgrown.
With new construction taking place and machinery being transported from one site to another, it is
important to help prevent the spread of noxious weeds. Noxious weeds reduce property value and
wildlife habitat. Care should be taken to avoid spreading and introducing noxious weeds. Equipment
should be cleaned periodically to remove weed seeds even if no weeds are recognized. The area should
be promptly revegetated using native species to prevent erosion and invasions by weeds.
On behalf of the Division of Wildlife I would like to thank you for the opportunity to review and
comment on this proposal. I would be happy to answer any questions the applicant or you have. Please
feel free to call me at 970-356-6528.
Sincerely,
Chad Morgan
District Wildlife Manager
Cc: Mike Sherman, Habitat Biologist DOW
Larry Rogstad, Area Manager DOW
Scott Hoover, Regional Manager DOW
file
WtLd /s 344§0a6
Weld County Referral 5Fg-
I
W teura9R:nning Department
q,Lp212223Ar GREEI.FY OFFICE
VI p Co
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Q
e MAY 3 0 2003 •
COLORADO RECtD
The Weld County Department of Planning Services ha tteceivea„thegfOlibWin r m for review:
!eQ` , . >/
Applicant Marlin Ness Cas her.if -1431
Please Reply By June 17, 2003 Planner Jacqueline Hatch
Project Site Specific Development Plan and Use by Special Review for an RV Park,
Storage and Recreation Area in the Agricultural Zone District.
Legal NE4 Section 21, T5N, R65W of the 6th P.M., Weld County, Colorado.
I
Location South of and adjacent to Highway 34 (28th Street Frontage Road) and
approximately 1/2 mile east of 1th Avenue.
Parcel Number 0961 21 000021
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.
Weld County Planning Commission Hearing (if applicable) July 1, 2003
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
plira�& n� wd5-k be aware of US 34 ACP/�4hU+ /w� I\ ahu_tf�2_'{(Q Us
// road ca-nteut.::tier) cka Q≤4 RC-1Y) tu[l-YVIOvLy/I T �U
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33/4 (no leFts O0f) • I5Or IAVIIIkOI� O 3CCC55 pool s Wt II be.
Signature ev1/4_0. 4 � ( Date 6/21/0 S
Agency ()CDo1 Access
possible . fafti c sfuclj rueed s -v by c cl�e-to .
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Weld County Planning Dann-lent
GREELEY OFFICE
MAY 2 3 2003
.� ��`��•� '' �::"F,� DEPARTMENT OF THE ARMY RECEIVED
CORPS OF ENGINEERS,OMAHA DISTRICT
DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD
Ip ilM M
LITTLETON,COLORADO 80128-6901
e•
May 22, 2003
Ms. Jacqueline Hatch
Weld County Planning Department
1555 N. 17th Ave.
Greeley, CO 80631
RE: Marlin Ness RV Park, Storage and Recreation Area, Case No.USR-1431
Corps File No. 200380283
Dear Ms. Hatch:
Reference is made to the above-mentioned project located in the NE %<of Section 21,T5N,
R65W,Weld County, Colorado.
If any work associated with this project requires the placement of dredged or fill material, and
any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the
United States at this site,this office should be notified by a proponent of the project for proper
Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean
Water Act. Waters of the U.S. includes ephemeral, intermittent and perennial streams, their surface
connected wetlands and adjacent wetlands and certain lakes, ponds, drainage ditches and irrigation
ditches that have a nexus to interstate commerce.
Work in waters of the U.S. should be shown on a map identifying the Quarter Section, Township,
Range and County of the work and the dimensions of work in each area of waters of the U.S.
If there are any questions concerning this matter please call Mr. Terry McKee of this office at
303-979-4120 and reference Corps File No. 200380283.
Sincerely,
Timo T. C ey
Chief, eg ffice
tin
•
Weld County Planning Department
GREELEY OFFICE
reAligg
Weld County RECEIVE
VED
' May 19, 2003
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Marlin Ness Case Number USR-1431
Please Reply By June 17, 2003 Planner Jacqueline Hatch
Project Site Specific Development Plan and Use by Special Review for an RV Park,
Storage and Recreation Area in the Agricultural Zone District.
Legal NE4 Section 21, T5N, R65W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to Highway 34 (28th Street Frontage Road) and
approximately 1/2 mile east of 1'Avenue.
Parcel Number 0961 21 000021 1
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.
Weld County Planning Commission Hearing (if applicable) July 1, 2003
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Pian
❑ We have reviewed the request and find no conflicts with our interests.
*See attached letter.
Comments:
Signature Date C -a, - t:53
Agency \J (.7 C'
:•Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
/ West Greeley Cu..Servation District / `
(970) 356-8097
Case Number: ,USR-1431
Applicant: Marlin Ness
Planner: IJacqueline Hatch
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.
I Dwellings I Small Septic Tank Prime Farm
Map Shallow Dwellings with
Symbol Soil Name Soil Texture without basements Commercial Absorption Land (if Additional Comments
Excavations
basements Buildings Fields irrigated)
1 'Altvan _ Loam Severe Slight Yes West Greeley
3;Aquolls Gravelly Substratum !Severe Severe Severe Severe Severe No ,Conservation District
10 Bankard Sandy Loam .Severe Severe Severe Severe Severe No 'always discourages
50 Otero 'Sandy Loam Slight :Slight 'Slight Slight Slight No building within a
68i,Ustic . Severe No floodplain.
The West Greeley Conservation Di ri r mm District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils
description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to
call our office.
u\,IR\ \uu\
Produced by the West Greeley Conservation District
Applicact: Marlin Ness
Planner: Jacqueline Hatch Case#: USR-1431
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Weld County Planning Department
GREELEY OFFICE
JUL 15 2003
`^ RECEIVED
MEMORANDUM
To: Jacqueline Hatc /}
From: Dave Tuttle �QJ�
Date: July 13, 2003
Subject: USR-1431
The sheriff's office has no concerns with this Special Use Permit. The sheriff's office
would however be willing to provide a program entitled Crime Prevention through
Environmental Design to the developer. This program reduces the likelihood of criminal
activity at a specific location by"hardening"it to crime.
The Sheriff's Office lacks the ability to absorb any additional service demand without the
resources recommended in the multi-year plan provided to the Board of County
Commissioners or as indicated by growth not considered at the time the plan was
developed. I have no other comments on this proposal.
r^
MEMORANDUM
j %\S\
TO: CHRIS GATHMAN, PLANNING SERVICES
FROM: TREVOR JIRICEK, ENVIRONMENTAL HEALTH
B E CT:11/17/2003
SR-- MARLIN NESS
DATE:
COLORADO CC:
Environmental Health Services has reviewed this proposal. As you are aware, we previously
submitted a referral dated June 19, 2003. Please disregard that referral. This updated referral is
being submitted after reviewing Tony Evans, October 7, 2003, letter requesting a modification to
the original application materials. Mr. Evans letter indicates that facility will consist of 200 RV
pad sites and 20 recreational vehicle storage unit sites and that no other structures are proposed at
this time. Given the revised materials, 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 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., 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, 30-20-100.5, C.R.S., as amended.
3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
4. Fugitive dust shall be controlled on this site.
5. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in 25-12-103 C.R.S., as amended.
6. All campers and recreation vehicles (RV) using the facility must be fully self-contained
in regard to water and sewage.
7. There shall be no disposal of sewage or any waste water at this facility.
8. Any future structure(s) shall be served by an individual sewage disposal system that
meets the minimum requirements of the County Code and a community water system.
The facility shall obtain water and sewer service from the City of Greeley in the event
that it is available.
2
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