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HomeMy WebLinkAbout20193563.tiffMEMORANDUM TO: Angela Snyder, Planning Services FROM: Mike McRoberts, P.E., Public Works DATE: May 13, 2019 SUBJECT: USR19-0022 Torres 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 an Animal Boarding and Training Facility and Commercial Race Track in the A (Agricultural) Zone District This project is north of and adjacent to County Road (CR) 102 and is east of and adjacent to CR 21. Parcel number 045323300034. Access is from CR 21 and CR 102. ACCESS Weld County Public Works has reviewed the application materials related to access. According to the application materials there is an existing access located on CR 21 approximately 1,380 feet north of CR 102 which is proposed to serve as the main access to the site. There is a second access on CR 21 approximately 40 feet north of the main access which is proposed to serve as an emergency exit. There are two existing accesses on CR 102 approximately 1,280 feet and 1,420 feet east of CR 21. The access approximately 1,280 feet east of CR 102 is proposed to be closed and reclaimed. The access approximately 1,420 feet east of CR 102 will serve the proposed horse barn and residence. Public Works will allow a second "emergency' access on County Road 21; however, it shall meet the minimum access spacing criteria for a "Local Road" shown in Table 12A.2 below. Table 12A.2 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized Unsignalized 2,640 1,320 N/A 1,320 N/A 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 All approved proposed and existing accesses shall be designed, constructed, or reconfigured to meet the geometric design criteria listed in Table 12A.4.1 below. 12A.4.1 Geometric Design Type of Land Use Access Width Access Radii Single -Family Residential 20-24 ft. wide 25 ft. minimum Commercial/Industrial 24-36 ft wide 60 ft. minimum 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 102 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. 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 21 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 httgs://www.weldgov.com/departments/qublicworks/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 No traffic counts are available in the area. The traffic information submitted with the application materials indicated that there will be approximately 149 daily roundtrips during peak events. Site traffic originating from US Highway 85 will travel west on CR 100, north onto CR 23, west onto CR 102, and then north onto CR 21. Site traffic originating from 1-25 will travel east onto CR 100, north onto CR 19, east onto CR 102, and then north onto CR 21. It is expected that 80% of the site traffic will come from US Highway 85 while 20% will travel come from 1-25. The Traffic Impact Study submitted with the application lacked peak hour turning data and future traffic projections needed in determining possible off -site improvements (i.e., signage) and for traffic control plan preparation. Therefore, an augmented Traffic Impact Study shall be submitted with AM/PM peak hour turning movements for the intersections of CR102/CR2, CR100/CR19, and CR100/CR23 as detailed below: • Existing Total Peak Hour Traffic • Short Range Total Peak Hour Traffic • Long Range Total Peak Hour Traffic TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. 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. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works will require an Improvements and Road Maintenance Agreement with triggers for off -site improvements. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eview/USR-SPR-Permits%201mprovements%20Agreement%20Template.pdf. It will detail the approved travel route(s), outline when off -site improvements will be triggered, and include a maintenance agreement for the travel routes. Possible mitigations included in the road maintenance agreement may include but are not limited to: dust control, specified travel 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 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. 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 with triggers for off -site improvements is required for this project. Road maintenance includes, but is not limited to, dust control and damage repair to specified travel routes. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C. 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) D. A Traffic Control Plan conforming to the most current version of the Manual on Uniform Traffic Control Devices standards and prepared by a Certified Control Supervisor shall be submitted and approved by the Department of Public Works. E. The plan shall be amended to delineate the following: 1. County Road 102 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 21 Section Line is shown to have 30 feet of unmaintained section line right-of-way on the west side of the section line per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. Show and label the section line Right -of -Way as "CR 21 Section Line Right -Of -Way, Not County Maintained." All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 3. Show and label the approved access locations, access type(s), 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 the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (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. (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. 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 Improvements Agreement. (Department of Public Works) 6. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 7. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County. (Department of Public Works) 8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 9. 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: Angela Snyder From: Lauren Light, Environmental Health Services Date: April 23, 2019 Re: USR19-0022 Torres Environmental Health Services has reviewed this proposal for a Site -Specific Development Plan and Use by Special Review for an Animal Boarding and Training Facility and Commercial Race Track in the A (Agricultural) Zone District. According to the application, the applicants are requesting to have up to 350 people utilize the facility during events which will run weekends from March to October. Employees and patrons must have access to potable water, restrooms and hand washing facilities. The applicant is proposing to use portable toilets and bottled water. Portable toilets are acceptable for recreational facilities that are utilized 6 months or less per year in accordance with EH policy. A nuisance management plan was submitted which addresses dust, odor, pest control, trash, noise and light. A sound impact narrative was submitted which concludes the off -site sound impact will comply with the residential zone as delineated in 25-12-103 C.R.S. All food vendors 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. 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. Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-301-64 I'2 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 910-304-64 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: 970-304-6462 Public Health 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. The accepted nuisance management plan shall be adhered to. 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. 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 accepted sound impact narrative shall be adhered to 7. 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. 8. Sewage disposal for the facility shall be by septic system. Any septic 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. 9. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. 10.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. SIEVE REAMS To: Weld County Board of County Com Ossioners From: Captain Alan Caldwell Date 06/21/19 Ref: USR 19 — 0022 The Weld County Sheriffs Office would like to make the Board of County Commissioners aware of the following when considering USR 19 — 0022. Community opposition to the event may substantially increase calls for service to the area. The site of the proposed project is rural and not many calls for service are generated. For reference there have been 160 calls for service in the past two years within three miles of the event venue. Of those, 30 reports were completed: 9 criminal incident reports, 9 animal control reports, 5 miscellaneous (non -criminal) reports, 4 traffic incident reports, 2 death (non- criminal) investigations, 1 assist to another agency. Approval of the project may substantially increase calls for service in the area due to complaints about the event. Each complaint will have to be investigated. The effectiveness of the emergency plan cannot be assessed. The emergency plan submitted by the applicant states that 50-350 people are expected to attend the event. However, section # 8 of the USR questionnaire states that "only 1-2 events hosting over 350 spectators are proposed to be held each year". It's not possible to assess the effectiveness of the emergency plan unless the applicant defines the maximum number of persons that will attend. Also, the applicant states that they will have "two security personnel for the first 100 event attendees and one (1) additional security professional for each additional 50 attendees for race track and match racing activities". This requires the applicant to define the maximum number of attendees to ensure the security resources are present when the maximum capacity is reached. The applicant has not submitted a MUTCD compliant traffic control plan to address vehicle ingress and egress out of the event facility. A community member stated that during rainstorms CR 21 becomes unpassable by more than one vehicle at the time because the roadway is not maintained. Consideration should be given to how emergency vehicles will be able to reach the event if the roadway can only handle one vehicle at the time. The plan should Southwest Substation 4209 WCR 241/2 Longmont, Colorado 80504 (720) 652-2415 Fax (720) 652-4217 Headquarters 1950 O Street Greeley, Colorado 80631 (970)356-4015 Fax(970)304-6467 Toll Free (800)436-9276 www.weldsheriff.com Southeast Substation 2950 9th Street Fort Lupton, Colorado 80621 )303) 857-2465 Fax (303) 637-2422 Page I 1 SIEVE REAMS also address how emergency vehicles will be able to ingress and egress the venue if traffic waiting to enter the event blocks CR 21. Last, the traffic control plan should address how traffic overflow waiting to enter the venue will be managed to prevent impeding non-event traffic from travelling northbound past the event entryway. The Sheriff's Office enforcement authority on CR 21 is in question. County Road 21 has been described by community members as a "private driveway" maintained by neighbors. Weld County Public works stated County Road 21 was a "Non -Maintained Section Line Right -of -Way", that the "existence of a physical road does not imply public right-of-way and the road may be located on private property." It's been asserted by a community member that the applicant's representative stated at a hearing on September 19, 2018 that CR 21 was owned by Mr. Rivera. This further suggests that CR 21 is not a public roadway. For reference, traffic enforcement on private property is limited to the following offenses: Careless Driving, Reckless Driving, DUI, Unsafe backing and No proof of insurance. Southwest Substation 4209 WCR 24 1/2 Longmont, Colorado 80504 (720) 652-2415 Fax (720) 652-4217 Headquarters 1950 0 Street Greeley, Colorado 80631 (970)356-4015 Fax (970)304.6467 Toll Free (800)436-9276 www.weldsheriff.com Southeast Substation 2950 9'h Street Fort Lupton, Colorado 80621 (303) 857-2465 Fax (303) 637-2422 Page 12 C I'll ° ve'cY" June 25, 2019 COLORADO Department of Revenue Enforcement Division - -Racing Physical Address: 1707 Cole BLvd. Suite 35C Lakewood, CO 80401 Weld County Planning Department 1555 N. 17th Avenue Greeley, Colorado 80631 Mailing Address: P.0 lox 173350 Denver, CO 80217-3350 ATTN: Ms. Angela Snyder, CFM, Planner I RE: Special Review Application and Access Permit of Shannon Toomey on behalf of Property Owner Eduardo Salvador Rivera Torres (Parcel Number 0453-23-3-00-034) Dear Ms. Synder: I am writing in response to your request for comments from the Colorado Division of Racing Events regarding the application for a Use by Special Review Permit and an application for Access Permit for the aforementioned parcel of land located near the intersection of WCR 21 and WCR 102 owned by Mr. Eduardo Salvador Rivera Torres, 4396 N Highway 1, Fort Collins CO 80524. Mr. Torres' application is submitted via his authorized representative/applicant, Ms. Shannon Toomey, 3050 67`h Ave, Greeley, CO 80634. From my understanding of the application, they are requesting permission to develop property for the purpose of conducting "match racing" of horses, which is an unlicensed and unregulated activity in the State of Colorado, Match acing is an event in which two or more horses are loaded into a starting gate and raced down a stretch run. Crowds of hundreds to thousands attend these events that are held in rural and remote locations, tar from the prying eyes of law enforcement, regulatory agencies, animal rights organizations, the media and the general public. In its current form, the location of match races is not disclosed until a day or two before the match race "meet" and is disseminated though private email lists or secret groups on Facebook or other farms of social media. In the past few years, the State of Colorado has seen an increase in reports of match racing_ The Division, in conjunction with the Department of Agriculture and other agencies around the State, has made on -site inspections of such places, However, the Colorado Racing Commission and Division of Racing Events' enabling statute and purpose is clear and our regulatory authority reaches only as far as our licensees and their horses. With the exception of a single state, no law in the United States prohibits the act of gathering to watch heats of horses compete in exhibitions of speed. Colorado law does not prevent two owners from placing a wager on the outcome of a race between their horses. Unfortunately, that is not the story of what actually happens at match races. The Division suspects from informants and contacts, as well as recent news reports, that horses participating in these races may be being drugged with performance enhancing substances and mishandled. Four cases of Equine Infectious Anemia, a deadly disease that can be transmitted by biting insects and shared needles, were reported in Colorado last year. Three of those cases were known match racers where no disease prevention protocols are in place. Wagering among the patrons seems to be commonplace. Alcohol consumption is completely unrestricted, The Colorado Racing Commission and the Division of Racing Events have received several informal requests in the past decade from individuals seeking the State's approval to conduct match racing. As Director of the State of Colorado Division of Racing Events, I would recommend that you review the following during the application process because, in the past, this type of racing has not been in the best interests of the racing animals, the general public, the State of Colorado, local government, or the horse racing community at large. While approval of the Commission or Division would only be symbolic under the Commission and Division's statutory authority and lack of jurisdiction, 1 would highlight the following issues and areas of concern. These have been topics of discussion when we have been presented with these external "approval" requests and ultimately outline the Division's reasoning for denying any request for approval: • There is no governmental oversight of match racing of horses at these unlicensed facilities. Licensed facilities and licensed racing participants in the state are required to adhere to a 174 -page rule book that covers everything from animal welfare and licensing; race rules and regulations to the betting pools and distributions: Match racing is frequently conducted without consideration for the responsible treatment (physical, humane and medical) of the racing animals, safety of participants (jockeys and ground crew) or the safety of the public. It is performed without regard for the welfare, care and safety of the participating animals or the competency and experience or lack thereof of those having custody of these animals, Moreover, it is frequently billed as training, sports, or entertainment and it is questionable whether this activity is done for any motive other than monetary gain without regard to, and at the expense of, the animals involved. • There is strong evidence that illegal gambling occurs at these events. Accounts from horsemen, patrons, regulators and law enforcement from Colorado and other states indicate that large sums of money exchange hands between patrons at these events via wagers made on the winner of a match race. Betting on the outcome of a match race is a crime. ranging from a class 1 petty offense to a class 5 felony. § 18- 10-103 et seq., C.R.S. Organizers and operators of match racing events may be in violation of § 18-10-107, C.R.S., a Class 3 Misdemeanor, by providing patrons a low -risk gambling premises to conduct illegal betting. States that have attempted to address the problem of match racing have done so by implementing legislation that prohibits wagering on the outcome of a race that is not expressly authorized by the state racing act. • Those who organize and conduct such events are owners of, or are in control of, large plots of land who see an opportunity to use the property for easy cash profit. They charge patrons admission to the grounds and may charge a starting fee from the horse owners. all of which would constitute taxable income. On one hand, there is a concern that a cash -only business with attendance ranges from one -hundred to two -thousand would easily be able to avoid paying a majority of its rightful taxes. On the other hand, and especially in light of the criminal elements known to be present and influence these events, a cash -only business with a wide range of patronage and no governmental oversight could be used to launder large sums of money. • Based upon numerous media reports (most recently, see Channel 31-KDVR, Denver, May 17, 2017 and May 22, 2017 and the Greeley Tribune, May 20, 2017) and articles that have been published in different Colorado communities, the City and County Commissioners in these locales have had to deal with large crowds that have frequented match races conducted in makeshift facilities in rural areas. The congestion and issues that arise as the result of having many hundred to a few thousand people attending a race day at one of these facilities is straining county resources and causing numerous problems for neighbors adjacent to such facilities. I hope that you will give serious consideration to these issues. If it would be beneficial for you or a representative of your Department to discuss in person our perspective regarding match racing in Colorado, please do not hesitate to contact me at daniel.hartman@state.co.us or 303-866-6597. Sincerely, al lartman Director Division of Racing Events Hello