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Home My WebLink About20233040.tiffMEMORANDUM TO: Diana Aungst, Planning Services FROM: Melissa J King, PE, DRE DATE: June 16, 2023 SUBJECT: COZ23-0003 PV East 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: 131115300003 . 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 bounds CR 19. This portion of CR 19 is under the jurisdiction of the Town of Firestone. Contact the Town for access permitting. ROADS AND RIGHT-OF-WAY: This portion of County Road 19 is a paved road and is underthe jurisdiction of the Town of Firestone. CR 19 meets the criteria specified in Section 23-2-30.A.4 and Section 23-2-40.B.4. for change of zone in that it is a paved road. The Town of Firestone has jurisdiction over access to the road. 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. Please contact the municipality to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. CONDITIONS OF APPROVAL: The plat shall be amended to delineate the following: 1. This portion of County Road 19 is under the jurisdiction of the Town of Firestone. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. Show the approved access(es) on the site plan and label with the approved access permit number if applicable. (Development Review) 2. Show and label the access point onto CR 19 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: June 19, 2023 Re: COZ23-0003 Applicant: PV East 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. Central Weld County Water District and an on -site wastewater treatment system may serve the site when developed. We recommend the following appear as notes on the Change of Zone plat: 1. Water service may be obtained from Central 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 (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 August 15, 2023 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: PV East, LLC Case Number: COZ23-0003 Please Reply By: August 29, 2023 Planner: Diana Aungst Project: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. Parcel Number: 131115300005-R8980477 Legal: PART SW4 SECTION 15, T2N, R67W of the 6th P.M., Weld County, Colorado. Parcel Number: 131115300003-R8980475 Legal: PART SW4 SECTION 15, T2N, R67W of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to CR 19 and approximately 600 feet north of CR 20. 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�� Date 8/15/2023 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: COZ23-0003 Associated Parcel: 131115300003 and 131115300005 OGED Reviewer: Stephanie Frederick Review Date: 6/21/2023 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 05-123-20512 Kerr McGee Oil & Gas Onshore LP HSR-Parker 12-15A SI 05-123-09545 KP Kauffman Company Inc. Greeley National Bank B #4 SI 3. The parcel includes two (2) plugged and abandoned (PA) wells listed in Table 2 below. Additional information regarding these plugged and abandoned wells is available from the Colorado Oil and Gas Conservation Commission (COGCC). 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 05-123-07869 KP Kauffman Company Inc. Greeley National Bank B #2 PA 05-123-07309 Kerr McGee Oil & Gas Onshore LP Greeley National Bank #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 COGCC 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. Weld County Referral Y June 12, 2023 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: PV East, LLC Case Number: COZ23-0003 Please Reply By: July 10, 2023 Planner: Diana Aungst Project: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. Parcel Number: 131115300003-R8980475 Legal: PART SW4 SECTION 15, T2N, R67W of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to CR 19 and approximately 600 feet north of CR 20. 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. T P 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 3 0-7ta P� Date 6/21/2023 Agency Weld County OGED 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: COZ23-0003 Associated Parcel: 131115300003 OGED Reviewer: Stephanie Frederick Review Date: 6/21/2023 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 05-123-20512 Kerr McGee Oil & Gas Onshore LP HSR-Parker 12-15A SI 05-123-09545 KP Kauffman Company Inc. Greeley National Bank B #4 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 Colorado Oil and Gas Conservation Commission (COGCC). 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 05-123-07869 KP Kauffman Company Inc. Greeley National Bank B #2 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 COGCC 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. Weld County Referral Y August 15, 2023 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: PV East, LLC Case Number: COZ23-0003 Please Reply By: August 29, 2023 Planner: Diana Aungst Project: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. Parcel Number: 131115300005-R8980477 Legal: PART SW4 SECTION 15, T2N, R67W of the 6th P.M., Weld County, Colorado. Parcel Number: 131115300003-R8980475 Legal: PART SW4 SECTION 15, T2N, R67W of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to CR 19 and approximately 600 feet north of CR 20. 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 P�"4`' 7 ' `Wti 08/16/2023 Date Agency Town of Firestone Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Pam Howard From: Sent: To: Subject: Pam, Matthew Wiederspahn Thursday, June 15, 2023 10:08 AM Pam Howard RE: Referral Agency Email Below is my comment to provide on this referral: CR 19 Right-of-way is annexed to and controlled by the Town of Firestone. As such, any new access or change in use of existing access requires an Access Permit issued by the Town. Conditions for approval of an Access Permit may include (but are not limited to) dedication and annexation of additional right-of-way and construction of Public Improvements including (but again not limited to) widening of CR 19. Thanks, Matt Wiederspahn, P.E. Town of Firestone I Town Engineer 303-531-6254 9950 Park Avenue, Firestone, CO 80504 mwiederspahn@firestoneco.gov firestoneco.gov I Twitter I Facebook From: Pam Howard <PHoward@firestoneco.gov> Sent: Tuesday, June 13, 2023 3:07 PM To: Matthew Wiederspahn <MWiederspahn@FirestoneCO.gov> Subject: FW: Referral Agency Email Matt, This is the referral we discussed during DRT. Thanks, Pam Howard Town of Firestone I Planning Manager P 303.531.6275 9950 Park Avenue, Firestone, CO 80504 phoward@firestoneco.gov firestoneco.gov I Twitter I Facebook 1 From: noreply@weldgov.com <noreply@weldgov.com> Sent: Monday, June 12, 2023 3:54 PM To: Planning <planning@firestoneco.gov> Subject: Referral Agency Email The Weld County Planning Department has received a Change of Zone application, case # COZ23-0003, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# COZ23-0003, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100 Thank you, Diana Aungst 1402 North 17th Ave Greeley, CO 80631 970-400-6100 daungst@weldgov.com 2 Weld County Referral Y June 12, 2023 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: PV East, LLC Case Number: COZ23-0003 Please Reply By: July 10, 2023 Planner: Diana Aungst Project: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. Parcel Number: 131115300003-R8980475 Legal: PART SW4 SECTION 15, T2N, R67W of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to CR 19 and approximately 600 feet north of CR 20. 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. T P 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 /4ZMQ� ' — Date 06/15/2023 Agency Town of Firestone Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Pam Howard From: Sent: To: Subject: Pam, Matthew Wiederspahn Thursday, June 15, 2023 10:08 AM Pam Howard RE: Referral Agency Email Below is my comment to provide on this referral: CR 19 Right-of-way is annexed to and controlled by the Town of Firestone. As such, any new access or change in use of existing access requires an Access Permit issued by the Town. Conditions for approval of an Access Permit may include (but are not limited to) dedication and annexation of additional right-of-way and construction of Public Improvements including (but again not limited to) widening of CR 19. Thanks, Matt Wiederspahn, P.E. Town of Firestone I Town Engineer 303-531-6254 9950 Park Avenue, Firestone, CO 80504 mwiederspahn@firestoneco.gov firestoneco.gov I Twitter I Facebook From: Pam Howard <PHoward@firestoneco.gov> Sent: Tuesday, June 13, 2023 3:07 PM To: Matthew Wiederspahn <MWiederspahn@FirestoneCO.gov> Subject: FW: Referral Agency Email Matt, This is the referral we discussed during DRT. Thanks, Pam Howard Town of Firestone I Planning Manager P 303.531.6275 9950 Park Avenue, Firestone, CO 80504 phoward@firestoneco.gov firestoneco.gov I Twitter I Facebook 1 From: noreply@weldgov.com <noreply@weldgov.com> Sent: Monday, June 12, 2023 3:54 PM To: Planning <planning@firestoneco.gov> Subject: Referral Agency Email The Weld County Planning Department has received a Change of Zone application, case # COZ23-0003, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# COZ23-0003, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100 Thank you, Diana Aungst 1402 North 17th Ave Greeley, CO 80631 970-400-6100 daungst@weldgov.com 2 COLORADO Parks and Wildlife Department of Natural Resources Area 2/Lon Hagler SWA 4207 West County Road 16E Loveland, CO 80537 P 970.472.4460 I F 970.472.4468 June 26th, 2023 Diana Aungst Weld County Planning Dept. P.O. Box 758 Greeley, CO 80632 dau ngst®weldgov. corn Re: Change of Zone Referral- Weld Co. COZ23-0003 Dear Ms. Aungst, Thank you for the opportunity to comment of the change of zone application by Mr. Demaree for the property located near Weld County Road 19 and County Road 20 from agriculture to commercial zoning. The mission of Colorado Parks and Wildlife (CPW) is to perpetuate the wildlife resources of the state, to provide a quality park system, and to provide enjoyable and sustainable outdoor recreational opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. Our goal in responding to these land use proposals such as this is to provide complete, consistent, and timely information to all entities who request comment on matters within our statutory authority. CPW has assessed the proposed location for potential impacts to wildlife from future development. The property has a wetland area on the west side of the property that is close to Weld County Road 19. Wetlands are important habitats for many species of wildlife. CPW recommends a development buffer of 300 feet away from these wetland areas. This 300 foot buffer and an erosion barrier to prevent sedimentation from filling in the wetland will help protect the wetland and wildlife. in addition, there are numerous mature trees throughout the property that has potential for nesting raptors (i.e. hawks, owls, and eagles). if construction is to begin between February 15th and July 31st, CPW recommends that a raptor nest survey be performed just prior to construction. if nests occur in or adjacent to the project area, CPW has developed guidelines for setbacks and seasonal closures for raptor nests which helps mitigate impacts to these birds. These guidelines can be found on the Colorado Parks and Wildlife website at: https: / /cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor- Puffer-Guidetine5.pdf Jeff Davis, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Carrie Besnette Hauser, Chair • Dallas May, Vice -Chair • Marie Haskett, Secretary • Taishya Adams Karen Bailey • Betsy Blecha • Gabriel Otero • Duke Phillips, IV • Richard Reading • James Jay Tutchton • Eden Vardy if you have any questions or concerns, please feel free to contact me at (303) 906- 1979 or at Chris.Mettenbrink®state,coous. Sincerely, Chris Mettenbrink Assistant Area Wildlife Manager Cc: Mark Leslie, Shannon Schaller, Jason Duetsch, file. Xcel Energy" PUBLIC SERVICE COMPANY July 7, 2023 Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80631 Attn: Diana Aungst Right of Way & Permits 1123 West 3'd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303.571.3284 Donna.L.George@xcelenergy.com Re: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District, Case # COZ23-0003 Public Service Company of Colorado's (PSCo) Right of Way and Permits Referral Desk has determined an engineering review is necessary for the above captioned project. Public Service Company has an existing high-pressure natural gas transmission pipeline and associated land rights as shown within this property. Any activity including grading, proposed landscaping, erosion control or similar activities involving our existing right-of-way will require Public Service Company approval. Encroachments across Public Service Company's easements must be reviewed for safety standards, operational and maintenance clearances, liability issues, and acknowledged with a Public Service Company License Agreement to be executed with the property owner. PSCo is requesting that, prior to any final approval of the development plan, it is the responsibility of the property owner/developer/contractor to contact PSCo's Encroachment Team for development plan review and execution of a License Agreement (upload all files in PDF format) at https://www.xcelenergy.com/working with us/builders/encroachment requests (scroll down to Encroachment Requests and click on APPLY NOW). PSCo requests that the word "petroleum" is removed from the description of the 50' PSCo easement at Rec. No. 2431364. Please note that PSCo is not a for-profit oil and gas company, an interstate gas company, or a midstream oil and gas company; rather, it is solely for distribution of natural gas to the end user (residential and business). Public utilities are regulated differently than oil and gas and report to other regulated bodies; therefore, should be in a separate category than the oil and gas industry. PSCo also has existing intermediate pressure natural gas distribution facilities along County Road 19 and County Road 20. The property owner/developer/contractor must complete the application process for any new natural gas service, or modification to existing facilities via xcelenergy.com/InstallAndConnect. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. As a safety precaution, PSCo would like to remind the developer to contact Colorado 811 for utility locates prior to construction. Additional easements may need to be acquired by separate document — be sure to ask the Designer to contact a Right -of -Way & Permits Agent in this event. Donna George - Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-571-3306 — Email: Donna.L.George@xcelenergy.com Hello