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Home My WebLink About20252142.tiffMEMORANDUM TO: Molly Wright, Planning Services FROM: Mike McRoberts, P.E., Development Review DATE: May 8, 2025 SUBJECT: COZ25-0004 Nunez The proposal has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. 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: Change of Zone from R-3 (Medium Residential) and A (Agricultural) to R-3 (Medium Residential) This project is north of East 18th Street and is west of and adjacent to Fern Avenue. Parcel number: 096111000073. Access is from Fern Avenue. ACCESS Development Review has reviewed the application materials related to access and determined that the subject parcel has two (2) existing, non -permitted, residential accesses onto Fern Avenue located approximately 450 and 500 feet north of the Fern Avenue/East 18th Street intersection and one (1) existing, non -permitted, agricultural access onto Fern Avenue located approximately 690 feet north of the Fern Avenue/East 18th Street intersection. According to the application questionnaire, the applicant is proposing to construct a new residential duplex north of the existing residence. Per Section 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Development Review prior to laying out your site plan to ensure the approved access location is compatible with your proposed site. Minimum access and intersection spacing requirements prescribed in Table 1 of Weld County Code, Section 8-14-30, are shown below. Table 1 - Minimum Access Spacing Criteria Access Element Arterial Collector Local Distance Signalized Unsignalized between intersections 2,640 1,320 1,320 N/A 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 Feet) REQUIRED OFF-STREET VEHICLE PARKING As shown in the Google Streetview image below, the applicant and/or applicant's tenants are routinely parking within the County right-of-way. Per Section 8.5, of the Weld County Engineering and Construction Criteria manual, an access shall have safe, adequate, and legal ingress and egress to off-street parking. Because the parking of vehicles within County rights -of -way is not a specified use defined in the Weld County Code, and because the unauthorized parking area falls within a horizontal curve with limited sight distance creating a safety hazard to the traveling public, the applicant shall discontinue using the existing right-of-way parking area and provide adequate off-street parking for existing and future dwelling units. • ROADS AND RIGHTS -OF -WAY Fern Avenue is a paved 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 plat the existing right-of-way (along with its creating documents) 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, Section 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. Per Chapter 8, Article 13, Section 8-13-30.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: https://www.weld.gov/Government/Departments/Public-Works/Permits/Right-of-Way-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. Fern Avenue is a paved road and is designated on the Weld County Functional Classification Map as an local road which requires 60 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. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 2. Delineate the existing residential accesses on Fern Avenue located approximately 450 feet and 500 feet north of the Fern Avenue/East 18th Street intersection. Label each access as, "EXISTING RESIDENTIAL ACCESS". (Development Review) 3. Delineate the existing agricultural access on Fern Avenue located approximately 690 feet north of the Fern Avenue/East 18th Street intersection. Label the access as, "EXISTING AGRICULTURAL ACCESS". (Development Review) 4. Delineate and label the required off-street parking area. (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. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. There shall be no parking or staging of vehicles on public roads or within public rights -of -way. On -site parking shall be utilized. (Development Review) 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. (Development Review) 5. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. (Development Review) COUNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Molly Wright, Planning Services From: Lauren Light, Environmental Health Services Date: February 28, 2025 Re: COZ25-0004 Applicant: Genaro Nunez & Rosa Maria Vega Environmental Health Services has reviewed this proposal for a Change of Zone from R-3 (Medium Residential) and A (Agricultural) to R-3 (Medium Residential). The existing residence is served by North Weld County Water District. An on -site wastewater treatment system (SP -970024) provides sewer. A Well (334185) permitted for one single family dwelling will serve 1/2 of the duplex and North Weld County Water District will serve the other 1/2. A new on -site wastewater treatment system will serve the property. We recommend the following appear as notes on the plat: 1. Water service may be obtained from an appropriately permitted well or North Weld County Water 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 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. Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele:970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele:970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Tele:970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele:970-304-6470 Fax: 970-304-6452 Public Health Weld County Referral Y April 9, 2025 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Genaro Nunez & Rosa Maria Vega Case Number: COZ25-0004 Please Reply By: May 7, 2025 Planner: Molly Wright Project: Change of Zone from R-3 (Medium Residential) and A (Agricultural) to R-3 (Medium Residential) Parcel Number: 096111000073-R3378186 Legal: Part of the SE1/4 of Section 10 and Part of the SW1/4 of Section 11, all located in T5N, R65W of the 6th P.M., Weld County, Colorado. Location: WEST OF AND ADJACENT TO FERN AVENUE; NORTH OF AND ADJACENT TO EAST 18TH STREET 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. r P 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 c5'd.414, Agency Oil & Gas Energy Dept. Date 4/15/2025 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: COZ25-0004 Associated Parcel: 096111000073 OGED Reviewer: Tyler Seno Review Date: 4/15/2025 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, none directly on the associated parcel. 2. The subject property may include additional oil and gas related infrastructure, such as off - location flowlines or pipelines which are a use by right and not regulated by Weld County. Given the proximity of the adjacent oil & gas location, OGED requests a condition for an ALTA survey to be completed on the subject property, prior to any construction taking place. This determination is based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. MEMORANDUM TO: Molly Wright FROM: Melissa J King, PE, CFM SUBJECT: COZ25-0004 DATE: April 11, 2025 PROJECT: Change of Zone from R-3 (Medium Residential) and A (Agricultural) to R-3 (Medium Residential) PARCEL: 096111000073. FLOODPLAIN —CACHE LA POUDRE RIVER: The proposed change of zone is for a parcel partially located on and/or in the 100 -year floodplain of the Cache la Poudre River, as depicted on FEMA Firm Panel 08123C -1542F, revised November 30, 2023. A portion of the parcel is mapped as FEMA Zone AE. This area has been studied and base flood cross sections have been determined. PRIOR TO DEVELOPMENT (CONSTRUCTION AND/OR OPERATION): A floodplain hazard development permit is required prior to any development in the 100 -year floodplain. DELINEATE ON THE COZ PLAT: Show the floodplain boundaries on the plat. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number. (Development Review - Floodplain) DEVELOPMENT STANDARDS: 1. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain/floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1542F, revised November 30, 2023, (Cache la Poudre River Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Development Review - Floodplain) 2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Development Review - Floodplain) 3. The Property Owner shall comply with all requirements provided in the issued Flood Hazard Development Permit. (Development Review — Floodplain) SG COLORADO Division of Water Resources Department of Natural Resources May 7, 2025 Molly Wright Weld County Department of Planning Services Transmission via email: mrwright@weld.gov Re: Genaro Nunez and Rosa Maria Vega Case No. COZ25-0004 Pt. SE 1/4 Sect. 10 and SW 1/4 Sect. 11, T5N, R65W, 6th P.M. Water Division 1, Water District 3 Dear Ms. Wright, We have reviewed the above referenced application for a Change of Zone. The application seeks to change the zoning on 5.30 acres to R-3 Zoning to allow the existing single family residence and the addition of a duplex. Water Supply Demand The estimated water requirements for the development were not provided. Source of Water Supply According to the application, the current potable water source for the property is the North Weld County Water District ("NWCWD"). Additionally, well permit no. 334185 was issued as the only well on this property for ordinary household use inside one single-family dwelling, with no irrigation or other outside use allowed for use. Records from our office indicate that the well has not been constructed. The applicant intends to use the well in one half of a proposed duplex, with the other half of the duplex being served by a tap from NWCWD. A letter of commitment from NWCWD was not provided in the application documents. State Engineer's Office Opinion Pursuant to section 30-28-136(1)(h)(I) and (II) of the Colorado Revised Statutes, the State Engineer offers the preliminary opinion that if water is supplied to the development by the North Weld County Water District and so long as the applicant maintains a valid well permit, I.i".S I:...ii._i+. •.... k:,trii I Is: ._,(•. ...) ......!.s Iill r,(:... ti" G�s:1:'cl� r.;.()lsx 3cic).u()4 E- ii:a'.,.I'c,.i: t.t:•.t:1r:: I),!I t. ICI?s.::•:.[.AI—A:Gr:•:l::I ..:i:::iI l,llr.ii .'I:r': srrcti.l)rtcI:: 1731 Fern Avenue Case No. COZ25-0004 May 7, 2025 Page 2 of 2 the water supply will not cause material injury to existing water rights and may be adequate. However, we will provide our final opinion only after the applicant has provided a letter of commitment of service. Should you or the applicant have any questions regarding this matter, please contact me at 303-866-3581 ext. 8245 or kathleen.fuller@state.co.us. Sincerely, 743-74/1-4 Kate Fuller, P.E. Water Resources Engineer Ec: Well Permit File no. 334185 Referral file no. 33992 3. Delineate the existing agricultural access on Fern Avenue located approximately 690 feet north of the Fern Avenue/East 18th Street intersection. Label the access as, "EXISTING AGRICULTURAL ACCESS". (Development Review) 4. Delineate and label the required off-street parking area. (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. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. There shall be no parking or staging of vehicles on public roads or within public rights -of -way. On -site parking shall be utilized. (Development Review) 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. (Development Review) 5. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. (Development Review) Hello