HomeMy WebLinkAbout20221186.tiffMEMORANDUM
TO: Maxwell Nader, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: November 24, 2021
SUBJECT: 1 MJUSR21-36-742 Chambers
This proposal has been reviewed on behalf of the Weld County Department of Public Works. 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 Major Amendment to a Site -Specific Development Plan and Use By Special Review
Permit USR-742A for a Horse Training and Breeding Center to permit a Commercial Rodeo and
Commercial Roping Arena in the A (Agricultural) Zone District outside of subdivisions and historic townsites.
This project is south of and adjacent to CR 14 and in north of and adjacent to State Highway 52.
Parcel number 147101100011.
Access is from CR 14 (AP17-00005 — Ag) and from State Highway 52.
ACCESS
Development Review has reviewed the application materials related to access.
The applicant has proposed that the existing permitted access onto CR 14 be used for the access for the
proposal. This access point appears to meet the Minimum Access Spacing Criteria. An updated, revised
access permit shall be obtained for this location.
The applicant has proposed no changes to the existing access onto Highway 52.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact 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 52)
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure
the approved accesses are compatible with your layout. Per Sec. 24-8-40, when feasible, there shall be no
net increase in the number of accesses to a public road. Minimum access spacing are shown in Weld
County Code, Sec. 6-14-30 Table 1. Please refer to Chapter 8 of the Weld County Code for more
information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 14 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate
and label on the site map or plat the future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be
dedicated or reserved per Weld County Code. 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 that
physical roadways may not be centered in the right-of-way. This road is maintained by Weld County.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact 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 52)
Please be aware that CDOT is currently drafting an Access Control Plan for this portion of Highway 52.
Please contact them with any questions or concerns.
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
No current traffic counts are available for this portion of CR 14.
The traffic information submitted with the application materials indicated that there will be approximately 43
daily roundtrnps of passenger vehicles. 50% of the traffic will be going to the west and 50% of the traffic will
be going to the east.
No other traffic information is needed.
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Public Works for review and consideration.
This site requires double cattle guards and 100 ft. of road base or road base on all driving surfaces.
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 waived and a simple drainage narrative:
The applicant has submitted a drainage narrative stating that the site meets drainage exception 8.
Development of sites where the change of use does not increase the imperviousness of the site. Located
in Sec. 8-11-40. Drainage Policy.
No other stormwater information is needed.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
CONDITIONS OF APPROVAL
The plan shall be amended to delineate the following:
1. County Road 14 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld County.
(Development Review)
2. The property is bounded by State Highway 52. Contact the Colorado Department of Transportation
(CDOT) to determine what right-of-way shall be shown on the submitted plan. Reference the
documents creating the right-of-way. Please contact Mr. Tim Bilobran at the Greeley office, phone
number: 970-350-2163. (Development Review)
3. Show and label the approved access location, approved access width and the appropriate turning
radii on the site plan. The applicant must obtain an updated, revised access permit in the approved
location prior to construction. (Development Review)
4. Show the approved Colorado Department of Transportation (CDOT) access on the site plan and
label with the approved access permit number if applicable. (Development Review)
5. Show and label the approved tracking control on the site plan. (Development Review)
6. Show and label the entrance gate if applicable. An access approach that is gated shall be designed
so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled
surface be less than 35 feet. (Development Review)
7. Show and label the drainage flow arrows. (Development Review)
8. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
Prior to Construction:
The approved access and tracking control shall be constructed prior to on -site construction. (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. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (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
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Max Nader
From: Lauren Light, Environmental Health Services
Date: December 6, 2021
Re: IMJUSR21-86-742 Applicant: Wendy Chambers
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit USR-742 for a Horse Training
and Breeding Center to permit a Commercial Rodeo and Commercial Roping Arena in
the A (Agricultural) Zone District outside of subdivisions and historic townsites.
There are three residences on the property which are served by a domestic well
(202169) that is permitted for three single family dwellings. There is an on -site
wastewater treatment system (OWTS) that is permitted to serve the two mobile homes
(SP -1800134) and a separate OWTS that serves the modular (G19820038).
Portable toilets will be used for the rodeo and roping arena in accordance with EH policy
as events will occur six month or less per year. A water truck will be used for dust
control and water will be obtained from a water station in Fort Lupton.
The Division of Water Resources indicates there are two well permits associated with
the parcel however neither one is permitted for a horse training/breeding facility. As the
original USR had a condition of approval that required an approved water source that
COA has been included with this amendment.
We have addressed appropriate development standards from the original USR-742.
We recommend that the following requirement be met prior to recording the plat:
1. The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the well is appropriately permitted for commercial
use including the horse training and breeding center.
Health Administration
Vital Records
Icic: 9/U 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9,10-304-64 16
Environmental Health
Services
Tele:970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-.304-6470
Fox: 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6452
Public Health
We recommend that the following requirements be incorporated into the permit as
development 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.) 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.
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. The applicant shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code.
5. 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.
6. Adequate drinking, hand washing and toilet facilities shall be provided for
employees and patrons of the facility at all times. Temporary uses that are utilized
for a time period of six months or less, 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, contain hand sanitizers and be screened
from public view.
7. 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.
8. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, as necessary. Well permits 202169 and 324395 cannot be utilized for
business use unless repermitted.
9. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: 1MJUSR21-86-742
Associated Parcel: 147101100011
OGED Reviewer: Kelly Holliday
Review Date: December 13, 2021
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.
2. The parcel includes two (2) plugged and abandoned (PA) well listed in Table 2 below.
Additional information regarding these plugged and abandoned wells is available from the
Colorado Oil and Gas Conservation Commission (COGCC). OGED recommends that the
Applicant review this information and contact the responsible operator regarding well
infrastructure that may have been abandoned in place prior to conducting operations in
proximity to the wells.
API
Operator
Well Title
Well Status
05-123-22904
KERR MCGEE OIL & GAS ONSHORE LP
31-1 BALLANTYNE
PA
05-123-23948
KERR MCGEE OIL & GAS ONSHORE LP
32-1 BALLANTYNE
PA
3. The MJUSR 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.
These comments and recommendations are based upon the review of the application materials
submitted by the applicant and other relevant information available on the E -Permit site.
Submit by Email
Weld County Referral
November 23, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: CHAMBERS WENDY Case Number: 1MJUSR21-86-742
Please Reply By: December 21, 2021 Planner: Maxwell Nader
Project: A Major Amendment to a Site Specific Development Plan and Use By Special Review Permit
USR-742A for a Horse Training and Breeding Center to permit a Commercial Rodeo and Commercial
Roping Arena in the A (Agricultural) Zone District outside of subdivisions and historic townsites.
Parcel Number: 147101100011-R8957219 Legal: LOT B RECX16-0197, PT W2NE4 SECTION 1, Ti N,
R66W of the 6th P.M., Weld County, Colorado.
Location: SOUTH OF AND ADJACENT TO CR 14; APPROXMIATELY 0.25 MILES WEST OF CR 37
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.
F
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.
See attached letter.
Wenli Dickinson
Signature
Agency Division of Water Resources
Date 11/24/2021
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
Maxwell Nader
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Dickinson - DNR, Wenli <wenli.dickinson@state.co.us>
Wednesday, November 24, 2021 3:38 PM
Maxwell Nader
Williams - DNR, Joanna; julesnlace@aol.com
Re: Referral Agency Email
REFERRAL FORM - DWR.pdf
Follow up
Flagged
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Maxwell,
We have reviewed the referral no. 1MJUSR21-86-742 for an amendment to the site specific
development plan and use by special review permit USR-742A for a horse training/breeding
facility and arena on Lot B of RECX16-0197 located in Section 1, Twp. 1N, Rng. 66W, 6th P.M.
A review of our records shows well permit nos. 202169 (constructed) and 324395 (permit issued but
not yet constructed) located on the property. These wells must be used in accordance with their
permitted conditions and applicable statutes, and could not be used for the horse horse
training/breeding business.
There is no potable water source proposed for the facility or arena. Portable toilets and a
water truck for dust control are provided. Therefore our office does not have any comments on
the water supply so long as any water trucked in is from a legal supply.
Please let me know if you have any questions.
Best,
Wenli Dickinson
Water Resource Engineer
COLORADO
Division of Water Resources
Department of Natural llesources
P 303.866.3581 x8206
1313 Sherman St, Suite 821, Denver, CO 80203
wenli.dickinson@state.co.us I dwr.colorado.gov
On Wed, Nov 24, 2021 at 3:19 AM Williams - DNR, Joanna <joanna.williams@state.co.us>wrote:
Hi Wenli,
Could you please review this referral.
1
Thanks
Joanna Williams, P.E.
Water Resource Engineer
COLORADO
Division of Water Resources
neparL nent of rra+urai Reso iruE5
P 303.866.3581 x 8265
1313 Sherman Street, Room 821, Denver, CO 80203
Joanna.Williams@state.co.us I www.colorado.gov/water
Forwarded message
From: Brucker- DNR, Sarah <sarah.brucker@state.co.us>
Date: Tue, Nov 23, 2021 at 6:03 PM
Subject: Fwd: Referral Agency Email
To: Joanna Williams <Joanna.Williams@state.co.us>
Denver Basin referral for your team's review.
Sarah Brucker
Water Resources Engineer
£0,„
COLORADO
Division of Water Resources
nepar[nent of krarural ResokiruE5
P 303.866.3581 x 8249
1313 Sherman St., Suite 821 Denver CO 80203
sarah.brucker@state.co.us I https://dwr.colorado.gov
Forwarded message
From: <noreply@weldgov.com>
Date: Tue, Nov 23, 2021 at 3:12 PM
Subject: Referral Agency Email
To: <SARAH.BRUCKER@state.co.us>
The Weld County Planning Department has received a Planning Major Amendment to USR application, case #
1MJUSR21-86-742, in which your agency may have an interest. Planning staff requests you review the application
materials, and return the Referral Form to Maxwell Nader by the date specified on the Referral Form attached in the
online permitting center. To view application materials, visit https://accela-
aca.co.weld.co.us/CitizenAccess/Default.aspx or navigate to weldgov.com > departments > planning and zoning >
online e -permitting. Then,
* Click on "Planning" tab on the menu bar
* Under General Search, type case# 1MJUSR21-86-742, into the Record Number box and search
2
* Click on the "Record Info" arrow drop -down menu
* Click on "Attachments" to review the application materials
If you have any questions, please contact your assigned planner: Maxwell Nader at 970-400-6100
Thank you,
Maxwell Nader
1555 N 17th Ave
Greeley, CO 80631
970-400-6100
mnader@weldgov.com
Hello