HomeMy WebLinkAbout20231021.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: January 13, 2023
SUBJECT: USR22-0035 Wells
The proposal has been reviewed on behalf of the Weld County Department of Public Works and the
Department of Planning Services. Staff comments made during this phase of the application process may
not be all-inclusive, as other issues may arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site -Specific Development Plan and Use by Special Review Permit for an event
facility (not agriculture -related) for up to 200 people located outside of a subdivision and/or historic townsite
in the A (Agricultural) Zone District.
This project is north of CR 74 and is east of and adjacent to SH 392.
Parcel numbers: 071325000019.
Access is onto SH 392.
ACCESS
Development Review has reviewed the application materials related to access.
The applicant has proposed access onto SH 392.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact Mr. Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any
additional requirements that may be needed. (State Highway 392)
ROADS AND RIGHTS -OF -WAY
The property is bounded by State Highway 392. Contact the Colorado Department of Transportation
(CDOT) to determine what right-of-way shall be shown on the submitted map. Reference the documents
creating the right-of-way. Please contact Mr. Tim Bilobran at the Greeley office, phone number: 970-350-
2163.
The property appears to include section line right-of-way for an unmaintained portion of CR 73 and appears
to be bounded on the south by section line right-of-way for an unmaintained portion of CR 76. Section line
right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize
it is made. Weld County commonly refers to these locations as "Non -Maintained Section Line Right -of -
Way." The existence of a physical road does not imply public right-of-way and the road may be located on
private property. All right-of-way should be verified and physical roads located in relationship to the public
right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way and
the documents creating the right-of-way and this information shall be noted on the plat. The applicant shall
delineate on the plat the existing right-of-way and physical location of existing or proposed roads. If the
right-of-way cannot be verified it shall be dedicated or an adequate easement between property owners
shall be provided. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required
setback is measured from the future right-of-way line. Be aware the physical roadway(s) may not be
centered in the right-of-way. This road is NOT maintained by Weld County.
Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be
occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way
or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
The applicant submitted a preliminary Traffic Narrative with its application materials.
The Narrative was forwarded to CDOT. A final traffic report shall be submitted.
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for Non -
urbanizing areas.
Detention Pond summarized in a Drainage Report:
The applicant has submitted a preliminary drainage report. A final drainage report and detention pond
design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR
map. The drainage report must include a certification of compliance stamped and signed by the PE. A
Certification of Compliance form can be found on the Public Works Development Review website. General
drainage report checklist is available on the engineering website. More complete checklists are available
upon request.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
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, Development Review and Planning Department have reviewed the
referral and surrounding property owner comments. The Early Release Request may or may not be granted
depending on referral comments and surrounding property owner concerns. Contact an Engineering
representative from the Development Review for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. A Final Drainage Report and Certificate of Compliance, stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
B. A Final Traffic Impact Study, stamped and signed by a Professional Engineer registered in the State
of Colorado is required. (Development Review)
C. The USR map shall be amended to delineate the following:
1. Show and label all section line right-of-way for CR 73 and CR 76 as "Section Line Right -Of -Way,
not County maintained." All setbacks shall be measured from the edge of right-of-way.
(Development Review)
2. Show the Colorado Department of Transportation (CDOT) right-of-way, for SH 392, on the site
map along with the documents creating the right-of-way. (Development Review)
3. Show the approved Colorado Department of Transportation (CDOT) access point on the site map
and label with the approved access permit number if applicable. (Development Review)
4. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
5. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Development Review)
Prior to Construction:
If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
4. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
5. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: January 23, 2023
Re: USR22-0035 Applicant: Steven T. Wells
Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and
Use by Special Review Permit for Event Facility (not agriculture -related) for up to 200 people located
outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
The existing commercial on -site wastewater treatment system (OWTS) is sized for 200 people (SP -
2100363) and water is supplied by a well which will be repermitted for commercial use.
All food vendors, which includes food trucks, catering and food preparations must adhere to the
Colorado Retail Food Establishment Rules and Regulations.
Environmental Health Services recommends that the following requirement be met prior to allowing
the plat to be recorded:
1. The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that the well is appropriately permitted for the commercial use.
Environmental Health Services recommends that the following requirements be incorporated into the
permit as development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
4. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's air quality regulations.
5. Any On -site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems.
6. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided for
drinking and sanitary purposes.
7. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments.
8. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: USR22-0035
Associated Parcel: 071325000019
OGED Reviewer: Jennifer Teeters
Review Date: January 16, 2023
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel, none directly on the
associated parcel.
2. The USR lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
This determination is based upon the review of the application materials submitted by the applicant and
other relevant information available on the E -Permit site.
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