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HomeMy WebLinkAbout20210757.tiffMEMORANDUM TO: Michael Hall, Planning Services FROM: Melissa J King, PE, Public Works DATE: December 16, 2020 SUBJECT: USR20-0038 Barton Land The Weld County Department of Public Works has reviewed this proposal. 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 for a Commercial Roping Arena in the A (Agricultural) Zone District outside of subdivisions and historic townsites This project is south of and adjacent to CR 48 and is east of and adjacent to CR 53. Parcel number 105308100056. Access is from CR 48 and CR 53 (AP13-00283). ACCESS Weld County Public Works has reviewed the application materials related to access. The parcel has four existing permitted access points: 0 2 oil and gas access points (AP13-00283) onto County Road 48 approximately 1,935 and 2,120 feet west of the intersection of County Road 48 and County Road 53. No change is proposed for these access points. 0 2 residential access points (AP19-00241) — one onto County Road 48 approximately 2,252 feet west of intersection of County Road 48 and County Road 13 and one onto County Road 53 approximately 500 feet south of the intersection of County Road 53 and County Road 48. While a new access location is not being proposed, the applicant is proposing an additional type of use for an existing permitted access point (i.e. AP19-00241 onto County Road 53). Therefore, the applicant shall obtain a new access permit that incorporates the new use type. 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. 8-14-30 Table 1. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 48 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. County Road 53 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 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. 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.comidepartments/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 Latest ADT on CR 53 counted 922 vpd with 39% trucks. The 85th percentile speed is 65 mph. Latest ADT on CR 48 counted 127 vpd with 23% trucks. The 85th percentile speed is 44 mph. The traffic information submitted with the application materials indicates that there will be approximately 8- 10 passenger car round trips daily and approximately 50 truck trailer roundtrips per the proposed 6 event weekends per year. 50% of the traffic will be going to the north, 40% of the traffic will be going to the south, and 10% will be going to the west, 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. 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 asphalt or 300 ft. of asphalt. ROAD MAINTENANCE AGREEMENT Public Works is requesting a Road Maintenance Agreement including, but not limited to, dust control and damage repair to specified travel routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/U SR-SPR-Permits%201 m provements%20Ag reement%20Template. pdf. 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. 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, Public Works 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 Public Works 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 Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified travel routes. (Department of Public Works) B. The plan shall be amended to delineate the following: 1. County Road 48 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. (Department of Public Works) 2. County Road 53 is a paved road and is designated on the Weld County Functional Classification Map as a 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. (Department of Public Works) 3. Show and label the approved access locations, approved access width and the appropriate turning radii on the site plan. The applicant must obtain an access permit in the approved location prior to operation. (Department of Public Works) 4. Show and label the approved tracking control on the site plan. (Department of Public Works) 5. 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. (Department of Public Works) 6. Show and label the drainage flow arrows. (Department of Public Works) 7. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) Prior to Operation: A. An access permit, specific to the proposed use, shall be obtained. (Department of Public Works) B. The tracking control shall be constructed. (Department of Public Works) 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. (Department of Public Works) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 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. (Department of Public Works) 5. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 6. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Michael Hall From: Lauren Light, Environmental Health Services Date: January 5, 2021 Re: USR20-0038 Barton Land and Cattle, Inc. Environmental Health Services has reviewed this proposal for a Site -Specific Development Plan and Use by Special Review for a Commercial Roping Arena in the A (Agricultural) Zone District outside of subdivisions and historic townsites. According to the application, the applicants are requesting to have up to 100 people utilize the arena during summer events. Employees and patrons must have access to potable water, restrooms and hand washing facilities. There is an on -site wastewater system (OWTS) that serves the pole barn and is permitted (SP -9600459) for 4 people. Water is provided by Central Weld County Water District. The applicant is proposing to supplement with portable toilets. Portable toilets are acceptable for facilities that are utilized 6 months or less per year in accordance with EH policy. If the use of the arena exceeds 6 months, then the on -site wastewater system (OWTS) may be expanded or a new OWTS can be installed. A dust abatement plan was submitted which indicates dust will be controlled with a water truck. A waste handling plan was submitted which states, trash containers will be set around the property and then emptied into a dumpster which will be disposed of by Waste Management on a weekly basis. All food vendors, which includes food trucks, must adhere to the Colorado Retail Food Establishment Rules and Regulations. The application indicates there will not be music on site. There will be speakers used to announce contestants. USR-1224 allowed a commercial noise limit. 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 Health Administration Vital Records lot: 9/0 304 6410 Fax: 9/0-301-6412 Public Health 8 Clinical Services cic: 9/0 304 6420 Fax: 9/0-304-6416 Environmental Health Communication, Services Education g Planning Tele:970-304-6415 Tele:970-.304-6470 Fax: 970-304-6411 Fax: 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970 304-6452 Public Health 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 and the accepted waste handling plan. 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 and the accepted dust abatement plan. 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. Sewage disposal for the facility shall be by an on -site wastewater treatment system. Any system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 8. Any additional hydraulic load to the existing On -site Wastewater Treatment System (SP -9600459) 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. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. 10. The facility shall adhere to the maximum permissible noise levels allowed in the commercial zone as delineated in 25-12-103 C.R.S. 11. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Michael Hall From : David Burns Sent: Wednesday, January 27, 2021 1 :32 PM To: Michael Hall Subject: RE: USR20-0032 & USR20-0038 Follow Up Flag : Follow up Flag Status: Flagged Hi Michael — OEM will require an EAP for both of these projects . Our facility template can be found at https : //www .weldgovicom/UserFiles/Servers/Server 6/ File/Departments/OEIV'lf LEPC FacilityEmergencyActionPlan . doc Can you add me to the referral emails moving forward ? OEM also utilizes Accela for Oil and Gas project review and approvals . Not sure if this will help too . Please let me know if there is anything else, I can assist with . v/r Dave Bums, CO-CEM, MEP I Sr. EM Coordinator Office of Emergency Management 1150 0 St Greeley, Co 970`400-3993 Office 970-515-2541 Cell a W .144 - Vii «4 s. .z i.. d' i t V1/4 sit 81, 317,, n :if- _' o- i � un IEP II III /ItoT : ii ? ., ja I ' ri pi i• • ..,0 , ) .." I ol J V il — ' raT YI LP) 1 k arit Pr a Local Emergency o M_.. Planning Committee EMERGENCY MANAGEMENT -tom _— g, From : Michael Hall < mhallweldgov. com > Sent : Tuesday, January 26, 20214 : 14 PM To: David Burns <dburnsweldgov. com> Subject : USR20-0032 & USR20-0038 Hi David, Would OEM like to see that an EAP be a requirement prior to operation for two separate, pending USRs for commercial rodeo/roping facilities? USR20 -0032 ( Ruiz) and USR20 -0038 ( Barton Land and Cattle, Inc . ) . 1 included a default condition in both staff reports for an EAP but I'm not sure that is necessary. See the highlighted text in the attached staff reports. Check page 2 of the reports for the case summary. Please confirm what OEM wants and I will go with that. Thank you! Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-352$ mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 eilDNR r� December 15, 2020 COLORADO Division of Water Resources Department of Natural Resources Michael Hall Weld County Department of Planning Services Transmission via email: mhall®weldgov.com Re: Site Specific Development Plan Et Use by Special Review Permit Case No. USR20-0038 (Barton Land and Cattle, Inc.) Part of the N '/2 of the NE V4 of Sec. 8, T4 N, R64W, 6th P.M. Water Division 1, Water District 2 Dear Michael Hall, We have received your December 11, 2020 submittal concerning the above referenced proposal for a site specific development plan and use by special review permit to allow commercial roping arenas, including barrel racing facility for other rodeos and equestrian events for Barton Land and Cattle, Inc. Proposed land uses include farming, ranching, and rodeo uses. Structures on the property include a barn, 4 livestock shelters, 15 fenced corrals, a fenced arena, one home with an attached office, a shed, and a public restroom. No new structures are proposed as part of this application. The parcel subject of this application is Lot B of Recorded Exemption 1AMRECX19-13-OO78 located in the N of the NE 'A of Sec. 8, T4 N, R64W, 6t" P.M. This referral does not appear to qualify as a "subdivision" as defined in section 30-28-101(10)(a), C. R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. Estimated water demand was not provided and proposed uses were not clearly defined. Water from water trucks will be used for dust control. According to the submitted material, there are no wells located on the subject property. The proposed water supply source is service provided by the Central Weld County Water District (CWCWD). The property is currently served by a commercial tap provided by the CWCWD and a letter of commitment of service dated October 29, 2020 was provided with the submitted material. So long as any water hauled to the site is from a legal source and the CWCWD is willing to serve the property, our office has no comments. If you or the applicant have any questions, please contact Wenli Dickinson at 303-866-3581 x8206 or wenliadickinson@stateeco.us. Ec: Referral no. 2744' Sincerely, a a Williams, P, E, Water Resources Engineer 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared S. Polls, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director Hello