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HomeMy WebLinkAbout20183259.tiffMEMORANDUM TO: Michael Hall, Planning Services DATE: May 14, 2018 FROM: Hayley Balzano, Public Works SUBJECT: USR18-0028 Farmlab 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 a recreational facility (35 seasonal commercial camping sites), more than the number of cargo containers allowed as a use by right per legal lot or parcel (5 cargo containers), and uses similar to the uses listed above (agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse and classroom facility) as Uses by Special Review as long as the use complies with the general intent of the A (Agricultural) Zone District, in the A (Agricultural) Zone District. This project is south of and adjacent to CR 4 and is east of Hwy 85. Parcel number 147132000026. Access is from CR 4. ACCESS The proposed accesses have been reviewed from the site plan map. The applicant is proposing one access with the jurisdiction of Brighton and two accesses within the jurisdiction of Weld County. Of the two accesses being proposed within Weld County, one is currently an existing residential access and one is currently an existing oil and gas access. Only one of these accesses will be allowed and the other shall be closed and reclaimed. Please see the traffic impact study information for more comments on the access points proposed in the Traffic Impact Study. Commercial accesses are to be 24-36' in width with 60' turning radii. For new accesses and/or change of use of an existing access, the fee and photos are required (photo looking left and right along roadway from the access point and looking in to and out of the access point). These photos are used to evaluate the safety of the access location. Access permit instructions and application can be found at https://www.weldgov.com/departments/public works/permits/. Chapter 6, Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design guidance, which can be accessed at: https://www.weldgov.com/departments/public works/engineering/. Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, 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. ROADS AND RIGHTS -OF -WAY From N Main Street to approximately 2445 feet east of N Main Street, County Road 4 is under the jurisdiction of the City or Town (municipality) of Brighton. The municipality has jurisdiction over access to the road. Please contact the municipality to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. From approx. 2445 east of N Main Street, going east, County Road 4 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 on the site map or plat the future and 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. 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 4 counted 1696 vpd with 11% trucks. The applicant has submitted a traffic impact study with the application. This traffic impact study proposes two full movement access points. Public Works is unclear as to which of the eastern two accesses proposed on the site map will be a full movement access point. The study indicates that all of the traffic will be coming and going from the east as the UPRR crossing located to the west of the site is going to be closed. The study estimates 300 people (3 people per vehicle, 100 vehicles) attending a weekend event, with a peak hour of 50 vehicles enter and exit the western most access point, and 36 vehicles will enter and 35 will exit the eastern access point. The site does not appear to have interconnectedness between the eastern and western portions of the site plan, so public works is unsure as to how the 36 vehicles accessing the eastern portion of the site will be accessing the amphitheater and camping area. The submitted traffic study indicates that a westbound left hand deceleration lane is warranted at both of the full movement access points. The deceleration lane lengths that are proposed do not meet the Weld County Engineering and Construction Guidelines. The western access deceleration lane will fall in both the Brighton and Weld County Jurisdiction on County Road 4. As of this date, Brighton has not provided a referral for this development. TRACKING CONTROL POLICY Tracking control is required to prevent tracking from the site onto public roadways. Per the traffic impact study, approx. 100 vehicles will be accessing the site on the day of weekend event. For access onto a paved road, this requires 300 feet of asphalt or 100 feet of asphalt and a tracking control device. 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 devices can be double cattle guards or rip rap (6" washed rock). A variance request for alternatives to the tracking control requirement can be submitted to Public Works for review and consideration. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works is requiring 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 an Urbanizing Drainage Area: 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, 5 -year storm falling on the undeveloped site for URBANIZING areas. The applicant has submitted a preliminary drainage report indicating that retention is proposed on the site. The applicant has completed a variance request to allow for this variance from the Weld County Code. Public Works has reviewed the drainage report. A checklist is available upon request. A final drainage report and retention pond design is required prior to recording the USR map. GRADING REQUIREMENTS 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. The Agreement shall require the construction of the following capital improvements. (Department of Public Works) 1. Immediate off -site improvements to be completed prior to operation: a. Design and construct a left deceleration/turn lane on CR 4 at the western access. b. Design and construct a left deceleration/turn lane on CR 4 at the eastern access. 2. Future off -site improvements to be completed a. Design and construct a right deceleration/turn lane on CR 4 whenever traffic exceeds 25 VPH turning right into the Property for an average daily peak hour. b. Design and construct a right acceleration lane on CR 4 whenever traffic exceeds 50 VPH turning right out of the Property for an average daily peak hour. c. Design and construct a left acceleration lane on CR 4 whenever such a lane would be a benefit to the safety and operation of the roadway. The County, in its sole discretion, shall determine if a left acceleration lane is required. 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 plan shall be amended to delineate the following: 1. County Road 4 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 on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. 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) 3. Show the approved Municipality of Brighton access(es) on the site plan and label with the approved access permit number if applicable. (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. The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Retention, No -Build or Storage Area" and shall include the calculated volume. (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 Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. This site requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for tracking control. (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) Prior to Operation: A. Accepted construction drawings and construction of the off -site roadway improvements are required prior to operation. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. The access on 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 shall be reviewed on an annual basis, including 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.arg MEMORANDUM TO: Michael Hall, Planning Services FROM: Lauren Light, Environmental Health Services SUBJECT: USR18-0028 DATE: 10/9/2018 Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit for a recreational facility (35 seasonal commercial camping sites), more than the number of cargo containers allowed as a use by right per legal lot or parcel (5 cargo containers), and uses similar to the uses listed above (agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse and classroom facility) as Uses by Special Review as long as the use complies with the general intent of the A (Agricultural) Zone District, in the A (Agricultural) Zone District. The application indicates that bottled water and portable toilets will be utilized for seasonal events. As the camping and events will occur from April to September, EH policy allows bottled water and portable toilets for recreational facilities that are utilized 6 months or less per year. The greenhouse/classroom building will be serviced by a commercial well and a new septic system and will be utilized year-round. The existing residential septic systems will not be utilized and the remaining existing residence will have a new septic system installed. Noise will be restricted to the commercial level. The application indicates noise will be controlled by berms and landscaping. Dust will be controlled by watering as necessary. The Consumer Protection Division of Weld County Environmental Health Services shall be contacted for plan review and licensing requirements for any proposed food Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-301-6112 Public Health & Clinical Services Icic: 9/0 :304 6420 Fax: 9 /0-304-6416 Environmental Health Services Tele: 970-304-6415. Fax: 970-304-641 1 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health establishment at the facility. Any vendors serving food at the facility shall comply with Colorado Retail Food Establishment Rules and Regulations. We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. All septic systems located on the property shall have appropriate permits/documentation from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the existing residence. Any existing septic system which is not currently permitted/documented through the Weld County Department of Public Health & Environment will require an OWTS Evaluation prior to the issuance of the required septic permit/documentation. In the event the system is found to be inadequate, the system must be brought into compliance with current OWTS regulations. 2. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that a well is appropriately permitted for the commercial use. 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. 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. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. 6. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 7. 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. 8. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 9. In the event the facility's water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these requirements, the Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 10.The applicant 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 the State and Federal agencies and the Weld County Code. Michael Hall From : Bradford, Jason <jbradford@brightonco . gov > Sent: Thursday, June 07, 2018 2 : 15 PM To: Michael Hall Cc: Kristine Ranslem; Hayley Balzano Subject: R. E. USR1S-0028 Referral ( FarmLab USA) Follow Up Flag : Follow up Flag Status : Flagged Mr. Hall, Thank you for the opportunity to comment on this referral . There are several aspects of this proposed land use that are cause for concern for the City of Brighton, and we appreciate the County cooperation in working with the City of Brighton to adequately address these concerns . The proposed land use intends to host around 300 patrons for recreational and educations events. Bottled water and portable toilets would be provided for the patrons . Patrons would camp and stay in recreational vehicles during their stay . Electricity would be provided through propane generators . The City of Brighton believes the provision of water, sewer, electricity, and other services is not adequate or appropriate for the proposed use . The described land use is very similar to a large festival and will have similar impacts on the surrounding area . This represents a significant change of use from the existing agricultural use . As the subject property is located in Brighton' s growth area, it should be annexed into the City of Brighton at the time of development. The City of Brighton opposes the proposed land use being located in the County and requests that the proposal be denied. The property should be developed within the City of Brighton ' s boundary . Section 22- 2 - 20 . B . 2 . Policy 2 .2 of Weld County' s Comprehensive Plan states that commercial and industrial uses that are related to agriculture should be allowed when "the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure is available ." The proposed land use will have a significant impact on surrounding properties and there does not exist adequate services or infrastructure to support the proposed land use . Based upon this policy in Weld County' s Comprehensive Plan, the proposal should be denied . In addition to the above, there are other concerns associated with the proposed land use : The impact to Brighton ' s road network is an issue that should be addressed . The proposal specifies that around 300 patrons will be accessing this site with recreational vehicles, trailers, and other large vehicles . This is a significant increase in the amount and type of traffic along the roadway network, which is not designed to accommodate this level of traffic . The applicant should provide the City of Brighton with a traffic impact study that includes a plan to provide adequate roadway improvements to mitigate the impact of this land use on the roadway network . The impact to noise levels is an issue that should be addressed . The proposal discusses recreational and educational events taking place at an amphitheater . There are also references to these events going until midnight. The area where this proposed use is taking place is agricultural . The type of large events being proposed will create noise, light, and activity that is not conducive to the agricultural nature of the area . The City of Brighton requests that these events be limited to no later than 9 pm. The applicant should also provide the City of Brighton with a site plan, lighting plan , landscaping plan, and detailed plans for the amphitheater that show landscaped buffers, walls, and other proposals to mitigate the impact of noise and light on the agricultural and residential neighbors . 1 The impact of the proposed propane generator and portable toilets should be addressed . The applicant should provide a detailed plan on how the noise and fumes from the generator will be mitigated . The applicant should also provide a detailed plan on how the smell and visual impact of portable toilets will be mitigated . Also, a plan for recycling the waste from the used water bottles should be described . The visual impact of the proposed cargo containers should be addressed . The applicant should provide the City of Brighton with a detailed plan showing the proposed location of all proposed structures, cargo containers, storage, and other land uses. These land uses should be appropriately located on the site to mitigate the impact to the surrounding neighbors and to mitigate their visual impacts . The City of Brighton appreciates the opportunity to comment on the proposed land use . We look forward to working with the applicant to annex the property into the City of Brighton . We also look forward to accommodating the use, while also mitigating any of the potential negative impacts on the surrounding area . Please let me know if you have any questions or concerns. Cordially, Jason Bradford, AICP Planning Manager Community Development City of Brighton 500 South 4th Avenue Brighton, CO 80601 303- 655- 2024 tn-sit„w5/0i Brigh Ion Integrity + Vision + Stewardship = A Progressive Community ° ink green . . . reduce, reuse, x e cycle. 2 DNR R O L o R A D O John W. Hickenlooper Governor CO 1 Division of Water Resources ," Department of Natural Resources Robert Randall Executive Director Kevin Rein , P. E. Director/State Engineer April 12 , 2018 Michael Hall Weld County Department of Building and Planning Services Transmitted via email : nnhall@weldgov . us Re Blue Pill , LLC and Timothy Dittmer - Site Specific Development Plan and Use by Special Review Case no . USR18 -OO28 El / NW1 /4 NW1 /4 and the NE1 f4NW1 /4, Sec . 32 , TIN , R66 , 6th P . M . Water Division 1 , Water District 2 Dear Mr. Hall , This referral does not appear to qualify as a "subdivision" as defined in Section o-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 wilt 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. According to the submitted information , the Applicant is seeking a site specific development plan and use by special review permit for 35 seasonal commercial camping sites , agritourism uses, event center including an amphitheater with a covered stage , an aquaponics and hydroponics greenhouse and classroom facility in the A (Agricultural ) Zone District . The application material indicates that there are two existing welts operating under permit nos. 204116 and 26201 located on the property. One of these welts is proposed to be used for the proposed use . Also , it is indicated that bottled water and portable toilets will be utilized for larger events. Well permit no. 204116 was issued on July 24, 1997, pursuant to § 37- 92 - 602 ( 3 ) ( b ) ( II ) (a) , for the use an existing welt constructed under welt permit no . 194373 (canceled ) , as the only well on a tract of land of 40 acres described as the NE V4 of the NW V.4 Sec . 32 , Twp . 1 I , Rng . 66 W, Sixth P . M . The well withdraws water from the not nontributary Lower Arapahoe aquifer. The well is currently permitted to be used for fire protection , ordinary household purposes inside not more than three (3 ) single family dwellings, the irrigation of not more than one 01 ) acre of home gardens and lawns, and the watering of the poultry, domestic animals and livestock on a farm or ranch . Well permit no . 26201 was issued on January 13 , 1966 for domestic purposes . This welt was constructed to a depth of 112 feet and it appears to produce water from the not nontributary Upper Arapahoe aquifer. Such well is limited to those beneficial uses in existence prior to May 8 , may ._C 16\ /1 ==_ _Office of the State Engineer °, !On\ 1313 Sherman Street, Room 821 , Denver, Co 80203 P 303. 866 . 3581gni ter ),,r I www.water.state. co. us \\sck' / r' Case no . USR18 -0028 Page 2 of 2 April 12 , 2018 1972 and have continued since that time [provided such uses are no greater than those uses allowed for a well permit pursuant to C. R . S . § 37- 92 - 602 ( 1 ) (which are : fire protection , ordinary household purposes inside not more than three single-family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one acre of home gardens and (awns) ] . As permitted the above wells cannot be used for the proposed use. The well that Applicant chooses to use for this site development must be re- permitted in accordance with an augmentation plan approved by the water court, since the uses sought in this application do not qualify as exempt uses and the well(s) produce water from a not nontributary source. Our records show that another well , operating under permit no. 1991 - R is also located on the property. Well permit no . 1991 - R, was decreed by the Division 1 Water Court as Dittmer Well No . 1 , in case no . W- 1316 , for irrigation of 60 acres in the NV V1 /4 of Section 32 , Township 1 North , Range 66 West of the 6th R.M . According to our records the well is currently included in the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District augmentation plan approved by the Division 1 Water Court in case no . 2002CW335 ( "Central GMS " ) . Welt permit no . 1991 -R may continue to be used for crop irrigation on the property as tong as it is operated in accordance with the terms and conditions of the well permit, case no. W- 1316 and the Central GMS decree, however this well cannot be used for the uses proposed in this application unless a separate augmentation plan is approved by the water court . The applicant should be aware that any storm water detention structure proposed for this specific development, must meet the requirements of a "storm water detention and infiltration facility" as defined in section 37-92 -602 (8 ) , Colorado Revised Statutes, in order for the structure to be exempt from administration by this office. The applicant should review DWR ' s Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wi ld land Fire Facilities in Colorado , attached , to ensure that the notification , construction and operation of the proposed structure meets statutory and administrative requirements . The applicant is encouraged to use Colorado Stormwater Detention and Infiltration Facility Notification Portal , located at https: / / maperture. digitaldataservices . comigvh / viewer=cswdif, to meet the notification requirements . Should you or the applicant have any questions, please contact loana Comaniciu at (303 ) 866- 3581 x8216 . Sincerely , A-XIL Jo a Williams , P. E . Water Resource Engineer Ec : Project No . 24389 Permit file nos . 204116 , 26201 and 1991 - R Hello