HomeMy WebLinkAbout20241006.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Melissa J King, PE, DRE
DATE: February 1, 2024
SUBJECT: COZ23-0005 Seltzer Robert L Family Trust
The proposal has been reviewed on behalf of the Weld County Department of Public Works and Department
of Planning Services. 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:
Parcel: 146934300010 Lot B LLA21-0033
The project proposes to: Change of Zone from the A (Agricultural) to the C-3 (Business Commercial) Zone
District.
ACCESS:
Weld County Development Review has reviewed the application materials related to access.
The parcel has a permitted shared, commercial access point onto CR2 — AP18-00749. No other access is
requested.
This access point is shared by Lots A and B of LLA21-0033. Lot A uses an access easement to cross Lot B
(Rec. No. 4590240).
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. Please
refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHT-OF-WAY:
County Road 19 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate
on the 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 Sec.
23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical
roadways may not be centered in the right-of-way. This road is maintained by Weld County.
This portion of County Road 2 is a paved road that is under the jurisdiction of the Adams County. Weld
County has right-of-way on the northern side of CR 2. The applicant shall delineate on the plat the future
and existing right-of-way and the physical location of the road. Pursuant to the definition of setback in the
Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be
aware that physical roadways may not be centered in the right-of-way
Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/Government/Departments/Public-Works/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.
CONDITIONS OF APPROVAL:
The plat shall be amended to delineate the following:
1. County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 1400 feet of
right- of -way at full buildout. The applicant shall delineate and label on the 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 existing right-of-way cannot be verified it shall be
dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant
to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by Weld County.
(Development Review)
2. This portion of County Road 2 is under the jurisdiction of Adams County. However,
Weld County has right-of-way on the northern side of CR 2. The applicant shall
delineate and label on the 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 existing right-of-way cannot be verified it shall be dedicated. The applicant shall
also delineate the physical location of the roadway. Pursuant to the definition of
setback in the Weld County Code Sec. 23-1-90, the required setback is measured
from the future right-of-way line.
3. Show and label the existing permitted shared access point onto CR 2 and the usage
type (Commercial). (Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE PLAT)
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. (Development Review)
2. Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Development Review)
3. The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Diana Aungst
From: Lauren Light, Environmental Health Services
Date: January 29, 2024
Re: COZ23-0005 Applicant: Robert L Seltzer, LLC
Environmental Health Services has reviewed this proposal for a Change of Zone from the A
(Agricultural) Zone District to the C-3 (Business Commercial) Zone District.
Todd Creek Village Metropolitan District will provide water, a will serve was included with the
submittal. An on -site wastewater treatment system will serve the site as appropriate.
We recommend the following appear as notes on the Change of Zone plat:
1. Water service may be obtained from Todd Creek Village Metropolitan District.
2. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by an on -site wastewater treatment system (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division, and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system.
3. Activity or use on the surface of the ground over any part of the OWTS must be restricted to
that which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or capability
of the component to function as designed.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Submit by Email
Weld County Referral
January 8, 2024
The Weld County Department of Planning Services has received the following item for review:
Case Number: COZ23-0005
Planner: Diana Aungst
Applicant: Robert L. Seltzer, LLC
Please Reply By: February 5, 2024
Project: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial)
Zone District.
Parcel Number: 146934300010-R8976052 Legal: LOT B LOT LINE ADJUSTMENT LLA21-0033; PART
S1/2 SECTION 34, Ti N, R67W of the 6th P.M., Weld County, Colorado.
Location: East of and adjacent to CR 19; north of and adjacent to CR 2.
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.
1] We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
I We have reviewed the request and find no conflicts with our interests.
I See attached letter.
/l Q 944/114d0-41,
1 /24/2024
SignatureDate
0 0
Agency Weld County Oil and Gas Energy Department
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: COZ23-0005
Associated Parcel: 146934300010
OGED Reviewer: Kelly Holliday
Review Date: January 24, 2024
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel.
2. The parcel includes one (1) active oil and gas wells, listed in Table 1 below. OGED requests
that the Applicant coordinate operations in proximity to existing wells and production
facilities with the operator(s) of these wells.
API
Operator
Well Title
Well Status
05-123-08864
KP KAUFFMAN COMPANY INC
1 BURKHARDT SELTZER
PR
3. The parcel includes three (3) plugged and abandoned (PA) wells listed in Table 2 below.
Additional information regarding these plugged and abandoned wells is available from the
Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant
review this information and contact the responsible operator regarding well infrastructure
that may have been abandoned in place prior to conducting operations in proximity to the
wells.
API
Operator
Well Title
Well Status
05-123-20918
CRESTONE PEAK RESOURCES
OPERATING LLC
24-34 SELTZER
PA
05-123-20907
CRESTONE PEAK RESOURCES
OPERATING LLC
14-34 SELTZER
PA
05-123-09244
PETERSON ENERGY OPERATING INC
2-A SELTZER
PA
4. The COZ lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the ECMC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials
submitted by the applicant and other relevant information available on the E -Permit site.
Diana Aungst
From: Matz - DNR, Michael <michael.matz@state.co.us>
Sent: Wednesday, February 21, 2024 3:04 PM
To: Diana Aungst
Cc: Comaniciu - DNR, loana
Subject: Referral COZ23-0005
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good Afternoon Diana Aungst,
We have received your January 8, 2024 referral regarding the above -referenced Rezoning Case to change the zoning
from A (Agricultural) to C-3 (Business Commercial) on a 60+/- acre parcel described as Lot B of Lot Line Adjustment
LLA21-0033.
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 theState 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.
A review of our records show no permitted wells on the subject property. The proposed existing and future water supply
for the property is Todd Creek Village Metropolitan District. Our office considers Todd Creek Metropolitan District a
reliable water supplier. So long as any water required for the proposed project is supplied by a legal source, our office
has no comments regarding this referral.
Thank you for the opportunity to review.
Mike Matz
Water Resources Engineer
IC•
COLORADO
Division of Water Resources
Department of Natural Resources
P 303.866.3581 x 8241
1313 Sherman Street, Room 821, Denver, CO 80203
michael.matz@state.co.us I www.colorado.gov/water
i
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