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Home My WebLink About20242414.tiffMEMORANDUM TO: Diana Aungst, Planning Services FROM: Melissa J King, PE, CFM - DRE DATE: June 7, 2024 SUBJECT: COZ24-0002 WW LLC 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: 146933400042 Lot B RECX16-0076. The project proposes to: Change of Zone from A (Agricultural) Zone to the C-3 (Business Commercial) Zone District. ACCESS: Weld County Development Review has reviewed the application materials related to access. The parcel has existing, residentially permitted access onto CR 2 (AP21-00852). This access point is shared for the benefit of Lot A and Lot B of RECX16-0076, Lot A of RE -4407, and SE -1083. In order for Lot A RECX16-0076, Lot A RE -4407, and SE -1083 to reach this access point onto CR 2, the vehicles use a 30 -foot - wide access and utility easement across Lot B. This easement was created on the recorded plat for RECX16- 0076 (Rec. No. 4219060) and subsequently recorded as a separate agreement (Rec. No. 4229459). The applicant shall obtain a commercial access permit. This may include reconfiguring the existing access point. It is noted that SE -1083 traverses Lot A of RECX16-0076/RE-4407. While no easement has been granted, both parcels are under the same ownership. 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: This portion of County Road 2 is a paved road with 60 feet of right-of-way. Per March 14, 2014, Memorandum of Understanding between Weld County and Adams County, this portion of CR 2 is to be maintained by Adams County. The applicant shall delineate on the plat the future and eAsting 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. CONDITIONS OF APPROVAL: The plat shall be amended to delineate the following: 1. This portion of County Road 2 is a paved road maintained by Adams County. Weld County has 60 feet of right-of-way associated with 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. (Development Review) 2. Show and label the existing permitted, shared access point onto CR 2. Include the access type. (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: Kim Ogle From: Lauren Light, Environmental Health Services Date: May 30, 2024 Re: COZ24-0002 Applicant: WW, 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 may 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 Weld County Referral Y May 10, 2024 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: WW, LLC Case Number: COZ24-0002 Please Reply By: June 7, 2024 Planner: Kim Ogle Project: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. Parcel Number: 146933400042-R8946720 Legal: Lot B of Recorded Exemption No. RECX16-0076 being part of the SE4 of Section 33, Township 1 North, Range 67 West of the 6th P.M., Weld County Colorado. Location: North of and adjacent to County Road 2; Approximately 0.5 Miles east of County Road 17. 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. P r F - We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Rebecca Sears Date 5/14/2024 Agency Weld County Oil & 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: COZ24-0002 Associated Parcel: 146933400042-R8946720 OGED Reviewer: Rebecca Sears Review Date: 5/14/2024 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 two (2) 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 05-123-16621 Kerr McGee Oil & Gas Onshore LP Schneider Farms #33-33 SI 05-123-09703 KP Kauffman Company Inc. Amoco -Charter -Schneider #1 SI 3. The parcel includes one (1) plugged and abandoned (PA) well 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 05-123-07421 KP Kauffman Company Inc. Amoco -Charter -Schneider #1 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. g0 June 5, 2024 COLORADO Division of Water Resources Department of Natural Resources Diana Aungst Weld County Department of Building and Planning Services Transmitted via email: daungst@weldgov.com RE: WW, LLC Change of Zone Case no. COZ24-0002 Part of the W'/z of the SE 1/4, Sec. 33, Ti N, R67W, 6th P.M. Lot B, Recorded Exemption RECX16-0076 Water Division 1, Water District 2 Dear Kim Ogle, The Applicants are requesting a change of zone from A (Agricultural) Zone District to C-3 (Business Commercial) Zone District. 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. The proposed water supply is a water tap with Todd Creek Village Metropolitan District ("TCVMD"). A Conditional Will Serve Letter dated December 1, 2017 was provided with the referral materials. The letter indicates the property is within the service area of TCVMD and that TCVMD would provide potable and non -potable water service to the subject property subject to the TCVMD Rules and Regulations and the entering into a written tap purchase agreement. It is unclear if the application has met these conditions and if TCVMD is still willing to commit to serve the subject property. A review of our records found well permit no. 80734-F was issued for the subject property. Well permit no. 80734-F was issued on March 24, 2017 pursuant to §37-90-137(4) C.R.S., and the Findings of the State Engineer to construct a well to withdraw 26.3 acre-feet per year from the Laramie -Fox Hills aquifer. The well permit allows for commercial and irrigation use. Our office has not received information that a well was constructed and a pump installed under permit no. 80734-F. Well permit no. 80734-F expired on March 24, 2018 if the well was not constructed and a pump installed prior to the expiration of the permit. If a well was constructed prior to expiration of the permit, a Well Construction and Yield Estimate Report should be submitted to our office proving construction of the well. The applicant should clarify if TCVMD is still committed to serving the subject property and if a well under permit no. 80734-F was constructed. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared S. Polis, Governor I Dan Gibbs, Executive Director I Jason T. Ullmann, State Engineer/Director COZ24-0002 June 5, 2024 Page 2 of 2 If you, or the applicant, have any questions please contact Ailis Thyne at 303-866-3581 x8216 or ailis.thyne@state.co.us. Sincerely, loana Comaniciu, P.E. Water Resource Engineer Ec: Referral no. 32360 Well permit no. 80734-F Hello