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Home My WebLink About20251170.tiffMEMORANDUM TO: Diana Aungst, Planning Services FROM: Melissa J King, PE, CFM - DRE DATE: December 30, 2024 SUBJECT: COZ24-0008 Conlon 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: Parcels: 080525200007 Lot B RE -2485; 080524000020. The project proposes to: Change of Zone from the R-1 (Low Density Residential) Zone District to the A (Agricultural) Zone District. ACCESS: Weld County Development Review has reviewed the application materials related to access. The southern parcel (080525200007 Lot B RE -2485) has an existing, oil and gas permitted access AP15- 00121) onto CR 66, also known as AA Avenue. Additionally, in the platting of RE -2485 (Rec. Number 2734381), a 30 -foot -wide "common access easement for Lot A and Lot B" was created to allow access onto N 35th Avenue, approximately 1,260 feet south of the intersection of N 35th Avenue and CR 66. Lot A of RE - 2485 obtained an access permit onto N 35th Avenue (AP21-00384) at the location included on the recorded plat for RE -2485. The access permit included the following language "If and when a proposed change of use for the access occurs, the access shall come into compliance with all applicable Weld County Code standards and requirements." The northern parcel (080524000020) has an existing, industrial permitted access onto CR 66, also known as AA Avenue (AP15-00121). 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 66, also known as AA Avenue, is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right- of-way. The applicant shall delineate and label on the site map or 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 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. N 35th Avenue 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 and label on the site map or 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 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. Per, Sec. 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.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 66, also known as AA Avenue, 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 and label on the site map or 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. N 35th Avenue is a paved road and is designated on the Weld County Functional Classification Map as a arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or 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) 3. Show and label the existing, permitted access points onto CR 66, also known as AA Avenue, and N 35th Avenue. Include the access types. (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) COUNTY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Diana Aungst, Planning Services From: Lauren Light, Environmental Health Services Date: December 13, 2024 Re: COZ24-0008 Applicant: Patricia J Conlon Environmental Health Services has reviewed this proposal requesting a Change of Zone from R-1 (Low Density Residential) Zone District to (Agricultural) Zone District. Both parcels have residences and are served by North Weld County Water District and permitted on -site wastewater treatment systems. Copies of the water bills and OWTS permits were included in the application. SP -1000062 serves 2781 AA ST and SP - 0900066 serves 2480 N 35th Ave. We recommend the following appear as notes on the resubdivision plat: 1. Water service may be obtained from North Weld County Water District. 2. The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may be by on -site wastewater treatment systems (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. 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 Submit by Email Weld County Referral November 27, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: Patricia J Conlon Case Number: COZ24-0008 Please Reply By: December 25, 2024 Planner: Diana Aungst Project: Change of Zone from the R-1 (Low Density Residential) Zone District to the A (Agricultural) Zone District. Parcel Number: 080525200007-R8284500 Legal: Lot B of RE -2485 part of the E2NW4 Section 25, T6N, R66W of the 6th P.M., Weld County, Colorado. Parcel Number: 080524000020-R1340486 Legal: Part of the W2SE4/E2SW4 of Section 25, T6N, R66W of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to CR 35 (35th Avenue) and north and south of AA Street (CR 66) 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: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Abigail Hejmanowski Date 12/11/2024 Agency City of Greeley Community Develop Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 rep e SENT VIA EMAIL ONLY December 11, 2024 Diana Aungst Weld County Planning and Zoning 1555 N 17th Avenue Greeley, CO 80631 daungst@weld.gov Re: Weld County Referral COZ24-0008 (REF2024-0044) Diana, Thank you for providing the City of Greeley the opportunity to review the above -mentioned project. The subject site is located within the Greeley's Long Range Expected Growth Area (LREGA), the area in which the community anticipates annexation and urban development to occur in the future. The Comprehensive Plan indicates this property as future Urban Reserve areas. Planning 1. The Greeley Historic Preservation Office would recommend maintaining and continuing use of the existing buildings and would be happy to serve as a resource for preserving them. Contact HPO@g reelevgov.com for further information. Engineering Development Review 2. Engineering does not have any comments to contribute currently. All code sections are from the Greeley Development Code and from the City of Greeley Design Criteria and Construction Specifications, Volumes I, H, & III. Sections of the Code or Construction Specifications are shown in brackets as part of the review comments below. For additional information on the City Code or the Design Criteria, see the City of Greeley web site at the following location: Planning: https: www.municode.comlibrary 'co'greeley'codes municipal code Comprehensive Plan: https: !greeleygov.com dots' default -source 'community -development ' long-range- planning'imagine-greeley'imagine greeley comprehensiveplan adopted 02-06- 2018.pdf Engineering: http: greeleygov.comservices design -criteria -and -construction -specifications ORIGIN Map: http: gis3.greelevgov.com'Html ORIGIN'?viewer propertyfacts Please contact me with any questions you may have. Sincerely, Abigail Hejmanowski, Planner I Abigail.Hejmanowski@Greeleygov.com Community Development -Planning Division . 1100 10th Street, Ste. 202, Greeley, CO 80631 . (970) 350-9780 Fax (970) 350-9800 A City Achieving Community Excellence SG COLORADO Division of Water Resources Department of Natural Resources December 24, 2024 Diana Aungst Weld County Department of Planning Services Transmission via email: daungst@weldgov.com Re: Patricia J Conlan Case No. COZ24-0008 E1/2 SW1 /4 and W1/2 SE 1/4 Section 24, and Pt. E1/2 NW1 /4 Section 25, T6N, R66W, 6th P.M. Water Division 1, Water District 3 Dear Ms. Aungst: We have reviewed the above referenced application for a Change of Zone. The submitted material does not qualify as a "subdivision" as defined in section 30-28-101(10)(a) of the Colorado Revised Statutes ("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 comments regarding the proposed water supply. The comments will not state an opinion on the adequacy of the water supply or the ability of the water supply plan to satisfy any County regulations or requirements, and cannot be used to guarantee the physical availability of water or the issuance of a well permit. The application seeks to change the zoning on 233 acres consisting of two properties to match its historic use of agricultural production. The potable water source for the property is the North Weld County Water District ("NWCWD"). The applicant provided a copy of water bills from NWCWD for the period of October 20, 2023 through November 20, 2023, confirming that water service is presently being provided to the properties. This office considers the NWCWD to be a reliable water source. According to the application documents, the irrigated field is irrigated with water from two wells on the property. The application lists well permit nos. 64254-MH and 554-WCB for the wells. I.i".S I.:...ii._i"+.• .... k�:,trii� �'2 I Is�: ._,(•. ;.�.) 'Sf}=f!.s .) 'Iill .� r,(:..i�ti" G�s:1:'cl�,�r.;.()lsxi3cic).u()4� I �� ii :a'.,.I'c,.i: t.t:•.trir:: I),!rt.I�Irs.:;cc.ilirt:Gr:•:l::i :�:::�I l,llr,rr.'I:r': srrcti:l)rtci:: :� Conlan December 24, 2024 Case No. COZ24-0008 Page 2 of 2 Permit no. 554-WCB (receipt no. C620554) was issued for a well located in the SEA of Section 24, Township 6 N, Range 66 W, 6 P.M., for "domestic" uses. The well may continue to be used for those domestic uses served by the well prior to May 8, 1972, provided such uses do not exceed the maximums allowed by statute and/or policy. Domestic use is limited by statute to fire protection, ordinary household use 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 lawns. The well may not be used for agricultural purposes. Permit 34069-MH was a notice of intent to construct up to 8 monitoring holes. Five monitoring holes were constructed and subsequently repermitted under well permit nos. 336005-336009. The use of these wells is limited to monitoring water levels and/or water quality sampling. These wells may not be used for agricultural purposes. Prior to using any well on the property, the applicant must contact this office to determine the correct permit number or register the well as necessary. Should you or the applicant have any questions regarding any of the above information, please contact me at this office at 303-866-3581 ext. 8245 or kathleen.fuller®state.co.us. Sincerely, 74 -3 -u -v -K -u Kate Fuller, P.E. Water Resources Engineer Ec: Well permit file nos. 336005-336009, 554-WCB Mark Simpson, Water Commissioner (mark.simpson@state.co.us) Referral file no. 32612 COLORADO GEOLOGICAL SURVEY 1801 Moly Road Golden, Colorado 80401 December 5, 2024 Diana Aungst Weld County Planning daungst@weld.gov Subject: COZ24-0008 Weld County, CO; CGS Unique No. WE -25-0018 Dear Diana: Location: 40.4694, -104.7261 Matthew L. Morgan State Geologist and Director At your request (November 27, 2024), the Colorado Geological Survey has reviewed the COZ24-0008 referral. I understand the applicant proposes to rezone the current R-1 portion of an overall 232 -acre property to Ag (Agriculture). The available referral documents include a Geologic Hazards and Mineral Resources Evaluation, Conlon Property, E''/z of the SW'/4 and W'/z of the SE'/4 of Section 24, and in the E'/z of the NW'/4 of Section 25, T6N, R66W, of the 6th PM, Weld County, Colorado (EEC Project No. 1242022, April 2, 2024). The site is not undermined, does not contain steep slopes, and is outside of FEMA 100 -year flood hazard limits. CGS agrees with EEC that only small portions of the site are mapped as containing a potential aggregate resource. No geologic conditions are present that would preclude the proposed rezone from R-1 to Ag. EEC's report contains a very general description of site geology based on available geologic mapping and NRCS soil survey data, which is typically valid for only the uppermost five feet below the ground surface. The site is underlain by eolian (wind -deposited) clay, silt and sand. This soil type is commonly loose, low - density, low -strength, and moisture -sensitive, exhibiting hydrocompaction (consolidation and settlement under loading and wetting), and shrink -swell of the clay fraction in response to changes in water content. Thick columns of low -density deposits can exhibit significant settlement. The surficial soils are underlain at unknown depth by the Laramie Formation or Pierre Shale, consisting of potentially highly expansive shales and claystones interbedded with non -expansive sandstones, coal beds and lignites. Shales and claystones can exhibit large volume changes in response to changes in water content. Expansive shale and claystone layers and lenses within a few feet of foundation bearing elevations can cause significant structural damage if not identified and mitigated. Perched water and shallow groundwater may be present or may develop post -construction. Wetland areas are not suitable for development due to very soft, wet, organic soils. For any future buildings, paved roads, or other development, a site -specific geotechnical investigation consisting of borings, sampling, lab testing, analysis and recommendations will be needed. Thank you for the opportunity to review and comment on this project. If you have questions or require additional review, please call me at (303) 384-2643, or e-mail carlson@mines.edu. Sincerely, Jill Carlson, C.E.G. Engineering Geologist WE -25-0018_1 COZ24-0008 2:50 PM, 12/05/2024 Page 1 of 1 Hello