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Home My WebLink About20222630.tiffMEMORANDUM TO: Maxwell Nader, Planning Services FROM: Melissa J King, PE, Development Review DATE: June 16, 2022 SUBJECT: USR22-0016 Adams Apple Inc. The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. 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 Ste Specific Development Plan and Use by Special Review Permit for Event Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This project is north of CR 86 and is west of and adjacent to CR 43. Parcel number: 055133400010 Lot C of Re -4559. Access onto CR 43 (AP12-00098 Commercial). ACCESS Development Review has reviewed the application materials related to access. The applicant has proposed that the site continue to use the existing permitted access point onto CR 43 (AP12-00098 Commercial). No other access is requested. 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 location with Development Review prior to laying out your site plan. All "preliminarily approved" accesses are subject to change during the access permitting process. 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 widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY This portion of CR 43 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 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. 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. 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 Recent traffic counts (2020) on this portion of CR 43 counted 823 (AADT) vehicles per day with 33% trucks. The 85th percentile speed is 67 miles per hour. Traffic information submitted with the application materials indicates the highest traffic counts will be on the weekends during the months of June through November. The applicant is anticipating a maximum of 50 passenger car roundtrips per day. It is anticipated that approximately half of the traffic will travel to the north and half travel to the south. No additional 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 Development Review for review and consideration. This site requires double cattle guards and 100 ft. of asphalt or 300 ft. of asphalt. 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 drainage 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. CR 43 is a paved road and is designated on the Weld County Functional Classification Map as an collector road which requires 80 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. Show and label the approved access location, approved access width, and the appropriate turning radii on the site plan. (AP12-00098 Commercial). (Development Review) 3. 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) 4. Show and label the approved tracking control on the site plan. (Development Review) 5. Show and label the drainage flow arrows. (Development Review) 6. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (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. 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) 4. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 5. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) cauNTY =, ji:47/VV-1-:A}."\ Weld County Department of Public Health and Environment Memorandum To: Max Nader From: Lauren Light, Environmental Health Services Date: June 27, 2022 Re: USR22-0016 Applicant: Adam's Apple, Inc. Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for Event Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District. According to the application, the events will occur from May to November. There will be three full time employees and up to 5 part time employees. During large events there could be up to 150 people. The patrons must have access to potable water, restrooms and hand washing facilities. The existing commercial on -site wastewater treatment system (OWTS) is sized for 2 people (SP -1200151) and water is supplied by North Weld County Water District. The applicant is proposing to use portable toilets for the public. Portable toilets are acceptable for recreational facilities that are utilized 6 months or less per year in accordance with EH policy. If the events exceed 6 months, then a permanent water source and an OWTS must be installed to provide for business use. Waste will be stored in a dumpster and will be emptied on a regular schedule. A dust abatement plan was submitted which stipulates a speed limit of 10 mph and water will be utilized, as needed. Noise is restricted to the residential limit and is measured 25 feet from the property line. A noise report conducted by the applicants was provided. The report states: "The property is covered with +/- 2,000 fruit trees, the emanating sound is buffered by the trees in all directions with the exception of due north following the dirt road. Based on the data gathered in various wind conditions, in the evening, from multiple points on the perimeter of the property we can ensure the sound generated will be within the limits established by The Code. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health %/ ,J� cauN`rY =, Weld County Department of Public Health and Environment We will incorporate a monitoring plan on evenings when events occur to ensure sound levels are within the County Code and are not a nuisance to our neighbor's. We have purchased two sound level meters that will be used to monitor sound levels at the perimeter of the property plus 25 feet during events that include music. This will allow us to temper the sound before it exceeds the maximum levels provided by The Code to ensure code compliance and satisfy our neighbors." The retail store and all food vendors, which includes food trucks, and food preparations must adhere to the Colorado Retail Food Establishment Rules and Regulations. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. 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 and the accepted dust abatement plan. 5. This facility shall adhere to the maximum permissible noise levels allowed in in the Residential Zone as delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise report. 6. 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. 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6410 weldhealth.org Public Health cauNTY =, ji:47/VV-1-:A}."\ Weld County Department of Public Health and Environment 7. Any OWTS located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 8. Any additional hydraulic load to an existing On -site Wastewater Treatment System will require an Evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County Environmental Health Department. In the event the system is found to be inadequate, the system must be brought into compliance with current Weld County On -site Wastewater Treatment System Regulations. 9. 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, as appropriate. 10.The facility shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. 11. 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 Submit by Email Weld County Referral June 13, 2022 The Weld County Department of Planning Services has received the following item for review: Applicant: Adam's Apple, inc. Case Number, USR22-0016 Please Reply By: July 11, 2022 Planner Maxwell Nader Project: A Site Specific Development Plan and Use by Special Review Permit for Event Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number, O5513340001OrR47212O7 Legal: LOT C REC EXEMPT RE -4559 PART SE4 SECTION 33, TS N, R65W of the 6th P.M., Weld Co u n , Colorado. Location: WEST OF AND ADJACENT TO CFA 43; APPRXIMATELY I MA,TELY 500 FEET NORTH OF CR 86. 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. 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. Signature 422 Agency E T GREELEY EELEY CONSERVATION DISTRICT Date WtAI1,z.pzt Weld County Planning Dept, 1555 N. 17th Aver Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax NS_ its -a - ¢ : a a a mitp:-la tirrise II tors t 1 w V h a ir iv co I V ,i 1 f I S s 4 i S I' r i i h, .1 * I a rims I 0 9 IP • • i d•f 4 0 t 6 .• r i i6 * I • S I. • I. I West Greeley Conservation District (970) 356-8097 Map Symbol Soil Name Soil Texture Below is a list of the soils and their limitations a_ ccorcfn. to the USDA, Weld Count Soil Surve Shallow we ings Dwellings with Small Septic Tank Prime Farm Excavations without basements Commercial Absorption Land (if 8 Ascalon I Loam Slight 41 Nunn Clay Loam Severe Severe !Slight Yes Severe Severe I Yes i Additional Comments The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete sails 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. WEST GREELEY CONSERVATFi N DISTRICT flat Produced by the West Greeley ConseNation D i trict Hello