HomeMy WebLinkAbout20191587.tiffMEMORANDUM
TO: Michael Hall, Planning Services
FROM: Evan Pinkham, Public Works
DATE: January 24, 2019
SUBJECT: USR18-0124 Silbaugh
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 Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial
Zone Districts (St. Vrain River Ranch - event venue for weddings, graduations, parties, conferences, and
similar private gatherings) provided that the property is not a lot in an approved or recorded subdivision plat
or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
This project is northeast of the intersection of CR 38 and CR 19.5
Parcel number 105934300047.
Access is from CR 38.
ACCESS
Weld County Public Works has reviewed the application materials related to access, and based on the site
access location and expected traffic, Public Works is requiring traffic control, with a certified Traffic Control
Supervisor on site for every event held at the facility. If the applicant prefers, Public Works will waive this
requirement if the applicant agrees to move the access to the west 300 ft. to share with the existing access,
and closes the two existing accesses. Public Works has reviewed the existing accesses that are being
proposed to be used for the facility, and has determined that with the addition of this facility's traffic there is
a considerable safety concern when vehicles enter and exit the site.
Per Chapter 12, Article 5, Section 12-5-30, 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 Chapter 12, Article
V, Section 12-5-30. F, 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 Appendix Table 12A-2. Please refer
to Chapter 12 of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
County Road 38 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) 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, Chapter 23, Article III,
Section 23-3-50, 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 19.5 is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) 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, Chapter 23, Article III,
Section 23-3-50, 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 38 east of CR 19.5 is a section line road. 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 site plan or plat. The applicant shall delineate on the site map or 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, Chapter 23, Article III, Section 23-3-50, 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 Chapter 12, Article 4, Section 12-4-30.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:llwww.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
Latest ADT on CR 38 counted 1378 vpd with 10% trucks. The 85th percentile speed is 62 mph.
The traffic information submitted with the application materials indicated that there will be approximately 40
daily trips for personal vehicles and up to 3 vendor vehicle roundtrips per day. 50 of the traffic will be going
to the west and 50 of the traffic will be going to the south.
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 asphalt or 300 ft. of asphalt.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works may require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• Construction Maintenance Agreement
• Access Improvements Agreement
An Improvements Agreement is required for sites with required off -site improvements per Chapter 12,
Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and
maintained.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/sprusr.pdf. It will detail the approved haul route(s), outline when off -site improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage
repairs, and future improvement triggers.
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 23-12-
30.F.1.a.12 for individual parcels with an unobstructed flow path and no other parcel(s) between the Federal
Emergency Management Administration (FEMA) regulatory floodplain channel and the project.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
MS4
This site is not in a defined Municipal Separate Storm Sewer System (MS4) area which is a more urbanized
area with state mandated, higher water quality requirements
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. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing engineering requirements, submission
of collateral, and testing and approval of completed improvements. (Department of Public Works)
B. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the
USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works)
C. The plan shall be amended to delineate the following:
1. County Road 38 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)
2. County Road 19.5 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 (60') on the site plan. The applicant must obtain an access permit in the approved location(s)
prior to construction. (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 a 30 -foot minimum access and utility easement to provide legal access to the parcel
on the site plan. (Department of Public Works)
7. Show and label the drainage flow arrows. (Department of Public Works)
8. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(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. Traffic control, with a certified Traffic Control Supervisor present, is required for all events at this facility.
(Department of Public Works)
4. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
5. 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)
6. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
7. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
8. The historical flow patterns and runoff amounts on the site will be maintained. (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, Planning Services
FROM: Lauren Light, Environmental Health Services
SUBJECT: USR18-0124
DATE: January 3, 2019 Silbaugh
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for any Use Permitted as a Use
By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial
Zone Districts (St. Vrain River Ranch - event venue for weddings, graduations, parties,
conferences, and similar private gatherings) provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A (Agricultural) Zone District.
Bottled water and portable toilets will be provided for temporary events associated with
Phase 1, which will operate from April to September. EH policy allows bottled water
and portable toilets for recreational facilities that are utilized 6 months or less per year.
A commercial on -site waste water treatment system (OWTS) and a tap from Little
Thompson Water District will be required for year-round use.
The existing house is served by Little Thompson Water District and an OWTS permitted
for 3 bedrooms (SE -0200074). The residence will not be utilized for the event venue.
Noise will be restricted to the commercial level. The application indicates noise will be
controlled by utilizing existing trees and shrubs.
All food facilities must adhere to the Colorado Retail Food Establishment Rules and
Regulations. The Consumer Protection Division of Weld County Environmental Health
Services shall be contacted for plan review and licensing requirements for any proposed
food establishment at the facility. In addition, the OWTS for a food facility must be
designed by an Engineer. Also, any OWTS with the capacity to serve 20 or more
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-301-6412
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: '.10-301-6416
Environmental Health
Services
Tele: 970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fax: 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6452
Public Health
persons per day must be permitted as an Underground Injection Control (UIC) Class V
Injection Well through the Environmental Protection Agency (EPA) as necessary.
We recommend that the following requirement be incorporated into the permit;
Prior to the issuance of a Certificate of Occupancy:
A. An on -site waste water treatment system is required for the proposed
structure and shall be installed according to the Weld County On -site
Waste Water Treatment System 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., 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.
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. The nuisance and waste management plan
submitted with the application shall be adhered to.
4. Fugitive dust shall attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's air quality regulations.
5. 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.
6. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Onsite Waste Water Treatment Systems.
7. Any large -capacity septic system (a septic system with the capacity to serve 20
or more persons per day) shall comply with the Underground Injection Control
(UIC) Class V Injection Well requirements of the Environmental Protection
Agency (EPA).
8. In the event the septic systems require a design capacity of 2,000 gallons or
more of sewage per day the applicants shall adhere to the requirements of the
Colorado Department of Public Health and Environment, Water Quality Control
Division's (WQCD) Regulations.
9. For temporary uses that are utilized for a time 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 and shall
contain hand sanitizers.
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 applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
12.The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
PROJECT:
MEMORANDUM
TO: Michael Hall
FROM: Diana Aungst, CFM
SUBJECT: USR18-0124, Silbaugh
DATE: December 7, 2018
A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By
Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (St.
Vrain River Ranch - event venue for weddings, graduations, parties, conferences, and similar private
gatherings) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District.
PARCEL: 105934300047
PRIOR TO CONSTRUCTION:
1. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services -
Floodplain)
DELINEATE ON THE PLAT:
1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
DEVELOPMENT STANDARDS:
1. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1695E effective date January 20, 2016 (St Vrain River Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of Planning
Services - Floodplain)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
Submit by Email
Weld County Referral
December 05, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: VERONICA J & CAMERON P SILBAUGH Case Number: USR18-0124
Please Reply By: January 02, 2019 Planner: Michael Hall
Project: A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a
Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone
Districts (St. Vrain River Ranch - event venue for weddings, graduations, parties, conferences, and
similar private gatherings) provided that the property is not a lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District.
Location: North of and adjacent to County Road 38 and 19.5; approximately 0.22 miles east of County
Road 19
Parcel Number: 105934300047-R6779991 Legal: PT SW4 SECTION 34 T4N R67W LYING IN THE
E2SW4 of the 6th P.M., Weld County, Colorado.
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.
O We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because: We need to evaluate the proposed water use through our commitment letter process.
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature 4 �- ! ��� Date December 7, 2018
Agency Little Thompson W District
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
COLORADO
Division of Water Resources
Deaa-trnent of Natj at?esources
December 10, 2018
Michael Hall
Weld County Department of Building and Planning Services
Transmitted via email:
mhall@weldgov.com
RE: Veronica Et Cameron Silbaugh Use by Special Review Permit
Case no. USR18-0124
Part of the E t/2 of SW 1/4 of Sec. 34, T4N, R67W, 6th P.M.
Water Division 1, Water District 5
Dear Mr. Hall,
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Kevin G. Rein, P.E.
Director/State Engineer
We have received your December 5, 2018 request concerning the above -referenced use by special
review proposal to develop an outdoor event venue.
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 physical
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.
The project is proposed to be divided into two phases: phase one being seasonal and outdoors, and
phase two involving the construction of a barn for indoor gatherings. The proposed water supply is
bottle water for phase one, and a proposed new tap with Little Thompson Water District for phase
two.
This office has no objection to the proposed use by special review permit.
Should you or the applicant have any questions, please contact Neelha Mudigonda of this office at
(303) 866-3581x8206.
Sincerely,
Joarrria Williams, P.E.
Water Resource Engineer
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state. co. us
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