HomeMy WebLinkAbout20173054.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
DATE: June 6, 2017
FROM: Hayley Balzano, E.I., Development Engineer
SUBJECT: 1MJUSR17-16-0029 Bonilla
The Weld County Department of Planning Services -Engineering 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: Amend USR16-0029 to allow for Horse Racing
This project is east of County Road and is north of County Road 22.
Parcel number: 130710100012
Access:
Show and label the access and utility easement to provide legal access and utilities to the parcel.
Drainage Requirements:
Please contact Department of Planning Services/Engineering Development Review for questions or
assistance for drainage requirements at 970-353-6100.
URBANIZING VS NON -URBANIZING DRAINAGE AREA:
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.
The applicant has submitted a letter signed and stamped by a Colorado Licensed Professional Engineer
stating that the addition of the 2100 square foot enclosure can be handled by the drainage facility proposed
in USR16-0029.
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 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
Planning Department 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, Rik Gay, 303-692-
3575.
Geologic Hazard Area:
This area IS NOT in a Geologic Hazard Area.
Floodplain:
This area IS NOT in a FEMA regulatory floodplain.
CONDITIONS OF APPROVAL:
A. The plan shall be amended to delineate the following:
1. Show and label the access and utility easement to provide legal access to the parcel on the site
plan. (Department of Planning Services -Engineer)
2. The applicant shall show and label the accepted drainage features and drainage flow arrows. Water
quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of
Planning Services -Engineer)
3. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Planning Services -Engineer)
Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
2. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
MEMORANDUM
TO: Chris Gathman, Planning Services DATE: June 12, 2017
FROM: Evan Pinkham, Public Works
SUBJECT: 1MJUSR17-16-0029 Bonilla Event Center
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 Major Amendment to USR16-0029 (Any Use
Permitted as a Use by Special Review in the Commercial or Industrial Zone Districts, (Event Center for up
to 200 people, along with an office and shop for tack sales) provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to the adoption of any
regulations controlling subdivisions) to allow Commercial Recreation (Use of Horse Track and Riding Arena
(including for use as a race track and match racing) for up to 350 people) in the A (Agricultural) Zone District.
This project is north of CR 22 and is east of CR 41. Parcel number 130710100012.
Access is from CR 22.
ACCESS
An access permit has been approved for the access to the site (AP16-00370).
AP16-00370 Special Requirements or Comments:
"Parcel 130710100012. Utilize existing access point on CR 22 (1 -Small Commercial) located approx. 8000
ft. east of CR 41. A variance for the tracking control has been granted. If tracking on CR 22 occurs the
tracking control identified within the approved USR16-0029 resolution will be required. Revised 3/14/17."
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
County Road 22 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) arterial road, which requires 140 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way. 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.
TRAFFIC
Latest ADT on CR 22 was taken on 9/29/2016 which counted 1251 vpd with 47% trucks.
A traffic study memorandum was submitted with the application materials and indicated that there will be
approximately 234 weekend daily roundtrips. The expected traffic routes are CR 22 to CR 49 and CR 22
to 41 and distribution of traffic is estimated to be 80% - 20%.
Public Works staff has reviewed the traffic study memorandum update, and have determined that the facility
will require off -site improvements to County Road 22. Off -site improvements are to include a left-hand
deceleration lane, and a right-hand deceleration lane on County Road 22. The applicant has asked for a
waiver from these improvements, and Public Works staff recommends denial of this waiver. Public Works
staff has noted that County Road 22 is an arterial roadway and as such, it is vital that this roadway continues
to function at its peak capacity. Though the trip generation and traffic split assumptions in the traffic study
are reasonable, these numbers usually go up over time and with use. The required left and right turns lane
will allow County Road 22 to continue to function as an arterial roadway during the peak hour events even
if the anticipated traffic volumes rise. A certified TCS at this location will do little to alleviate the congestion
caused by right hand turning vehicles. As these vehicles slow to make the right-hand turn, they will slow
down the flow of traffic. Someone directing traffic would likely not be successful in changing the traffic flow.
Safety, and keeping the consistent flow of traffic are the main concerns, but would be mitigated with the
addition of the recommended turn lanes.
TRACKING CONTROL POLICY
Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of
a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road
base. Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards
are listed below. Temporary Tracking Control shall be used during construction unless permanent tracking
control is installed ahead of construction activities.
More than 10 round truck trips/day (tandem or semi -trucks) or more than 50 round passenger vehicles trips:
• Access onto gravel roads requires a tracking control device and a minimum of 300 feet of recycled
asphalt or road base.
• Access onto paved roads requires either a tracking control device and 100 feet of asphalt OR 300
feet of asphalt.
*Note: Recycled concrete is not allowed in County right-of-way
**Tracking control devices can be double cattle guards or rip rap (6" washed rock)
***Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained
roadways.
A variance request for alternatives to the above tracking control can be submitted to Public Works for review
and consideration.
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 offsite improvements per Chapter 12, Article
V, 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.weldclov com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eviewlsprusr.pdf. It will detail the approved haul route(s), outline when offsite 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.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including dust control, damage repair, specified haul routes and future
traffic triggers for improvements will be included. (Department of Public Works)
B. The plan shall be amended to delineate the following:
1. County Road 22 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 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. County Road 24 Section Line is shown to have 60 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
3. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii (60')
on the site plan. (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 section line Right -of -Way as "CR 24 Section Line Right -Of -Way, not County
maintained." (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)
Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway improvements are required
prior to operation. Off -site improvements include a left-hand deceleration lane on County Road 22 and
a right-hand deceleration lane on County Road 22. (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 offsite 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. Weld County Public Works shall review construction plans submitted for the required off -site
improvements. (Department of Public Works)
USR 16-0029
Traffic Impact Study Memorandum Update for Bonilla Event Center
Review Comments by Matt LaPorte, P.E. Weld County Public Works
Date: 6-15-17
After a review of the Traffic Study Memorandum Update for the Bonilla Event Center it does appear that
the trip generation is reasonable. Based on the assumption that 350 people are anticipated for the
weekend events at this location, the conclusion of 58 peak hour trips in and out of the location is a
reasonable number. The traffic split showing 11 trips from the west and 47 from the east also seems to
be a reasonable conclusion based on the site location. WCR 22 would be classified as an R -B Rural
Highway by the State Highway Access Code and is classified as an arterial roadway by the Weld County
Functional Classification Map. According to the State Highway Access Code a left-hand deceleration
lane is required when the peak hour turning volumes are greater than 10 vph. With an estimated left
hand turning volume of 11 vph, a left turn lane is required by the State Highway Access Code. According
to the State Highway Access Code, a right turn deceleration lane is required when the peak hour turning
volumes are greater than 25 vph. With an estimated peak hour turning volume of 47 vph, a right turn
deceleration lane is required by the State Highway Access Code. The applicant has asked for a variance
from both required auxiliary lanes and it is the opinion of staff that both requests be denied.
The applicant has requested a variance for the left-hand deceleration lane on WCR 22 based on the
reasoning that they are just over the threshold by one turning movement and that the widening would
require the lengthening of an existing bridge over the Beebes-Neres Canal. They also argue that traffic
may begin to come from WCR 49 over time. Staff would recommend this variance be denied. WCR 22 is
an arterial roadway and as such it is vital to the travel public that this roadway continues to function at
its peak capacity. Though the trip generation and traffic split assumptions are reasonable, it is our
experience that these numbers usually go up over time and with use. The required left turn lane will
allow WCR 22 to continue to function as an arterial roadway during the peak hour events even if the
anticipated traffic volumes rise. The argument that traffic may come from the other direction over time
is not logical based on this location. There are not a lot of roadways in this section of the county, it
would be difficult for traffic from the west to "go around the block" to come from WCR 49 as that would
be a several mile detour from their normal route.
The applicant has also requested a variance to the right-hand deceleration lane required based on the
burden of buying Right of Way from another land owner and with the promise of providing someone to
direct traffic during the peak hour. It is Staff's recommendation that this request be denied. WCR 22 is
an arterial roadway as such it is vital to the traveling public that it continues to function at its peak
capacity. A certified TCS at this location will do little to alleviate the congestion caused by right hand
turning vehicles. As these vehicles slow to make the right-hand turn, they will slow down the flow of
traffic. Someone directing traffic would not be successful in changing the traffic flow, it is unrealistic
that they would be waving through traffic into the oncoming traffic lane and the right-hand turn
movement can only happen at a certain rate. The most realistic way to mitigate the congestion of this
type of turning movement is a right-hand deceleration lane.
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: June 7, 2017
Re: 1 MJUSRI7-16-0029 Bonilla
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review in the Commercial or Industrial Zone
Districts, (Event Center for up to 200 people, along with an office and shop for tack
sales) provided that the property is not a lot in an approved or recorded subdivision plat
or lots part of a map or plan filed prior to the adoption of any regulations controlling
subdivisions) to allow Commercial Recreation (Use of Horse Track and Riding Arena for
up to 350 people) in the A (Agricultural) Zone District.
According to the application, the applicants are requesting to have up to 350 people
utilize the facility on weekends. The previously approved USR allowed 200 people.
The patrons must have access to potable water, restrooms and hand washing facilities.
The applicant is proposing to use portable toilets for the public until a permanent
restroom is constructed, however a timeframe for construction was not designated.
Portable toilets are acceptable for recreational facilities that are utilized 6 months or less
per year in accordance with EH policy.
If the septic system requires a design capacity of 2,000 gallons of sewage per day or
more, the applicants shall ensure all requirements of the Colorado Department of Public
Health and Environment, Water Quality Control Division's (WQCD) Regulations have
been adhered to.
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
Health Administration
Vital Records
lot: 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
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.
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.
7. 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 and shall
contain hand sanitizers.
8. Adequate drinking, hand washing and toilet facilities shall be provided for
employees and patrons of the facility at all times. 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.
9. In the event the septic system requires 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.
10.A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (well permit 80304F)
11. In the event the facility's water system serves more than 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.
12. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
13. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
COLORADO
Division of Water Resources
=:epa i er2t of Natural Resources
June 12, 2017
Chris Gathman
Weld County Department of Building and Planning Services
Transmitted via email:
cgathman@co.weld.co.us
RE: Reynaldo Bonilla
Case no. 1MJUSR17-16-OO29
Part of the NE/4, Sec. 10, T2N, R65W, 6th P.M.
Water Division 1, Water District 2
Dear Mr. Gathman,
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
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.
According to the submitted information the applicant is seeking a site specific development
plan and major amendment to USR16-0029 (any use permitted as a use by special review in
the commercial or industrial zone districts, (event center for up to 200 people, along with an
office and shop for tack sales) provided that the property is not a lot in an approved or
recorded subdivision plat or lots part of a map or plan filed prior to the adoption of any
regulations controlling subdivisions) to allow commercial recreation (use of horse track and
riding arena for up to 350 people) in the A zone district. Initially it is proposed that bottled
water and Port -O -Lets would be provided. However the Applicant has obtained permit no.
80304-F for the construction of a future well.
According to the provided information the water requirements for the site are 0.17 acre-feet
for in-house use in three dwellings, 3.19 acre-feet for 6,000 square feet of commercial area,
2 acre-feet for the irrigation of 0.13 acres for a total water requirement of 5.36 acre-feet.
Permit no. 80304-F was issued on October 6, 2016 pursuant to CRS 37-90-137(4) with an
expiration date of October 6, 2017. Our office has not received evidence that the well was
constructed. If the well is not constructed and pump installed by October 6, 2017 the well
permit will expire. The Applicant can seek to extend the expiration date for one year by
submitting a request for extension and filing fee to the State Engineer's Office prior to the
expiration date. The allowed uses of the permit are commercial purpose with an allowed
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.wate r.state. co. us
Reynaldo Bonilla Page 2 of 2
June 12, 2017
average annual withdrawal of 7.5 acre-feet. The well can be used to serve the commercial
business as long as the well is operated in accordance with the terms and conditions of the
well permit.
If you, or the applicant, have any questions please contact me at 303-866-3581 x8265.
Sincerely,
Joan) Williams, P.E.
Water Resource Engineer
Ec: Permit file 80304-F
F
Ric
C
O
August 14, 2017
THE FARMERS RESERVOIR AND IRRIGATION COMPANY
80 South 27th Ave.* Brighton, CO 80601
Telephone: 303-659-7373 a FAX 303-659.6077
Weld County
Planning and Zoning Department
Attn: Chris Gathman
RE: Bonilla Event Center (Case No. 1MJUSR17-16-0029)
Dear Mr. Gathman:
The Farmers Reservoir and Irrigation Company is the owner of the Beebe-Neres Cutoff Ditch, which is
the southern boundary of the Bonilla property that is the subject of Case No. 1MJUSR17-16-0029 (the
"Bonilla Application"). The Bonilla property is accessed via a FRICO service road and a culvert across the
Beebe-Neres Cutoff Ditch. The Bonillas' easement from FRICO is limited to access for residential
purposes.
FRICO became aware of the Bonilla Application less than a week ago, as the County's standard referral
was apparently inadvertently sent to a different ditch company.
FRICO has conducted a preliminary review of the application and contacted Mr. Bonilla regarding issues
related to its proposed expanded use of FRICO facilities. Based on that discussion, FRICO is optimistic
that these issues can be worked out.
Until those issues are worked out, the Bonillas do not have a legal right of access to the proposed event
center across FRICO's service roads and Beebe-Neres Cutoff Ditch, moreover FRICO does not allow
landscaping within FRICO's Right of Way. FRICO therefore respectfully requests that the County
condition any approval of the Bonilla Application on reaching agreement with FRICO regarding the terms
of access.
Regards,
Scott Edgar
General Manager
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