HomeMy WebLinkAbout20230120.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, Development Review
DATE: July 21, 2022
SUBJECT: ZPAG22-0009 DPR Greeley LLC
The proposal has been reviewed on behalf of the Weld County Department of Public Works and 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: Zoning Permit for Certain Uses (Contractor's Shop) in the A (Agricultural) Zone
District. This ZPAG is being applied for in conjunction with COZ22-0007.
This project is east of and adjacent to Cherry Avenue and is south of E. 20th Street.
Parcel number: 096115200015.
Access is from: Cherry Avenue (AP22-00209 Residential).
ACCESS
Development Review has reviewed the application materials related to access.
The parcel has an existing permitted access onto Cherry Avenue (AP22-00209 Residential). No other
access is requested. The applicant shall revise the access application to include the new usage type (i.e.
Commercial).
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We
strongly encourage you to discuss your access location with Development Review prior to laying out your
site plan. All "preliminarily approved" accesses are subject to change during the access permitting process.
Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. Please refer to Chapter 8
of the Weld County Code for more information regarding access.
ROADS AND RIGHTS -OF -WAY
This portion of Cherry Avenue is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which require 60 feet of right-of-way. The
applicant shall delineate on the plan 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 or reserved per Weld County Code. 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 roadway 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, 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.
TRAFFIC
The current traffic counts for this portion of Cherry Avenue indicate 563 vehicles per day with 6% trucks.
The 85th percentile speed is 42 miles per hour.
The traffic information submitted with the application materials indicates that there will be 5 passenger
vehicle roundtrips per day and 4 pick-up trucks with trailers roundtrips per week. 90% of the traffic will be
traveling to the south on Cherry Avenue and the remaining traveling to the north on Cherry Avenue.
No other traffic information is needed
TRACKING CONTROL
Tracking control is required to prevent tracking from the site onto public roadways. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For
access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road
base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction
unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not
allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior
to entering publicly maintained roadways. A variance request for alternatives to the tracking control
requirement can be submitted to Development Review for review and consideration.
Based on the limited traffic, tracking control is not required at this time.
DRAINAGE REQUIREMENTS
This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require
detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained
water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -
URBANIZING areas.
Drainage Narrative:
The applicant has submitted a preliminary drainage narrative. A final drainage narrative that addresses
MS4 requirements shall be submitted.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
This site is located in a Municipal Separate Storm Sewer System (MS4) Area which may trigger specific
water quality requirements or other drainage improvements. In addition to compliance with applicable Weld
County regulations, property owner is required to be compliant with any additional MS4 requirements.
Questions pertaining to the MS4 requirements should be directed to the Public Works Department 970-
400-3788.
CONDITIONS OF APPROVAL
A Final Drainage Narrative that addresses MS4 requirements is required. (Development Review)
The plan shall be amended to delineate the following:
1. Cherry Avenue is a paved road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 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. Show and label the approved access location, approved access width and the appropriate turning
radii on the site plan. The applicant must obtain an updated access permit in the approved
location prior to operation. ((Development Review)
3. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
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. On -site parking shall be utilized.
(Development Review)
4. Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way. (Development Review)
5. 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)
6. This site is located in the MS4 area and is subject to the regulations of the state -issued MS4 Permit.
(Development Review)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Chris Gathman, WC Planning
From: Lauren Light, Environmental Health Services
Date: July 25, 2022
Re: ZPAG22-0009 Applicant: DPR Greeley, LLC
Environmental Health Services has reviewed this proposal for a zoning permit for Certain
Uses in the A (Agricultural) Zone District, specifically a Contractor Shop. This ZPAG is being
applied for in conjunction with COZ22-0007.
The existing residence is served by the City of Greeley for water and an on -site wastewater
treatment system (G-19760269). The existing office trailer is served by a commercial well
(R12705-RF) and an on -site wastewater treatment system sized for 4 people (G-19800170).
We recommend that the following requirements be incorporated into the permit as
development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
2. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
3. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions. The facility shall operate in accordance with Chapter 14, Article
1 of the Weld County Code and the accepted waste handling plan.
4. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's air quality regulations.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Department of Public Health and Environment
5. Adequate drinking, hand washing, and toilet facilities shall be provided for
employees, at all times. A permanent, adequate water supply shall be provided for
drinking and sanitary purposes, as required.
6. Any On -site Wastewater Treatment system located on the property must comply
with all provisions of the Weld County Code, pertaining to On -site Wastewater
Treatment Systems.
7. The operation shall comply with all applicable rules and regulations of
State and Federal agencies and the Weld County Code.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Submit by Email
Weld County Referral
Y
July 11, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant: DPR Greeley, LLC Case Number: ZPAG22-0009
Please Reply By: August 1, 2022 Planner: Chris Gathman
Project: Zoning Permit for Certain Uses (Contractor's Shop) in the A (Agricultural) Zone District. This
ZPAG is being applied for in conjunction with COZ22-0007.
Parcel Number: 096115200015-R3391086 Legal: LOT 4 NW4NW4 SECTION 15, T5N, R65W of the
6th P.M., according to the Subdivision of Lands by The Union Colony of Colorado, Weld County,
Colorado.
Location: East of and adjacent to Cherry Avenue; approximately 630 -feet south of East 20th 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.
P
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
Agency Code Compiance Officer
Date July 13, 2022
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
MEMORANDUM
•
To: Chris Gathman, Planner July 13, 2022
From: Tonya Johnson, Code Compliance Officer
Subject: ZPAG22-0009 & COZ22-0007 - Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV21-00355) and Building
Violation (BCV21-00063) were noted. These violations were initiated due to the expansion of a
commercial use outside an existing SPR area as well as work being completed on existing structures
without first obtaining a building permit as well as a replacement office trailer that was assumed to be
moved on the property without permits. Neither case has proceeded past a Violation Notification letter.
Due to records release laws, staff no longer tracks complainant information, but please be aware it is
staff's policy to no longer accept staff -initiated complaints.
Approval of this application will correct the outstanding Zoning Violation. If this application is denied, the
case will continue through the County Court process until the commercial operation is removed from the
property and all outstanding Building permits have been finalized. It was determined the Office Trailer
was permitted in 1991 and the permit was finalized, this is no longer part of the building violation.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
From: Logan Glewen
To: Chris Gathman
Subject: RE: Referrals Approved: COZ22-0007 & ZPAG22-0009
Date: Wednesday, August 10, 2022 8:22:12 AM
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.
Here's what Derek said.
This property has an existing 5/8" water tap with no sewer service. Existing sewer service is more
than 400' away and would not be required at this time. The existing tap may be used for commercial
purposes. If a larger tap is requested improvements would be required to the existing water line in
Cherry Avenue along with either annexation or a new Outside of City Service Agreement that would
have to be approved by the Director of Water & Sewer.
Hope this helps.
From: Chris Gathman <cgathman@weldgov.com>
Sent: Tuesday, August 9, 2022 3:09 PM
To: Logan Glewen <Logan.Glewen@Greeleygov.com>
Subject: [EXTERNAL] RE: Referrals Approved: COZ22-0007 & ZPAG22-0009
Thanks Logan!
Chris Gathman
Planner III
Weld County Department of Planning Services
cgathman@weldgov.com
970-400-3537
From: Logan Glewen <Logan.Glewen@Greeleygov.com>
Sent: Tuesday, August 9, 2022 2:26 PM
To: Chris Gathman <cgathman@weldgov.com>; Meg Simonds <Meg.Simonds@Greeleygov.com>
Subject: RE: Referrals Approved: COZ22-0007 & ZPAG22-0009
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.
I forward this over to our water and sewer contact. He'll be able to provide a more direct answer!
From: Chris Gathman <cgathman@weldgov.com>
Sent: Tuesday, August 9, 2022 9:57 AM
To: Meg Simonds <Meg.Simonds@Greeleygov.com>
Cc: Logan Glewen <Logan.Glewen@Greeleygov.com>
Subject: [EXTERNAL] FW: Referrals Approved: COZ22-0007 & ZPAG22-0009
Dear Meg,
Thank you for the referral. The applicant's have indicated that they have Greeley water service for
the existing residence on the property. Would it be an issue to use the existing service for the
business (Contractor's Shop ZPAG — office trailer and shop building)? Per the Division of Water
Resources — they would need a decree and augmentation plan to use the wells on the property.
I am trying to find out what options that they will have in regards to water service for the business.
Thanks,
Chris Gathman
Planner III
Weld County Department of Planning Services
cgathman@weldgov.com
970-400-3537
From: Meg Simonds <Meg.Simonds@Greeleygov.com>
Sent: Wednesday, July 27, 2022 3:10 PM
To: Chris Gathman <cgathman@weldgov.com>
Cc: Logan Glewen <Logan.Glewen@Greeleygov.com>
Subject: Referrals Approved: COZ22-0007 & ZPAG22-0009
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 Chris,
Please find attached the referral forms and comment letter associated with COZ22-0007 AND
ZPAG22-0009. If you should have any questions, please reach out to me directly.
Thank you,
Meg
'Greeley
Meg Simonds
Planner II
Community Development I Long Range Planning Division
1100 10th Street
Greeley, CO 80631
P: 970.350.9824 I Meg.SimondsPgreeleygov.com
www.greeleygov.com
CAUTION: This email is from an external source. Ensure you trust this sender before clicking on any
links or attachments.
CAUTION: This email is from an external source. Ensure you trust this sender before clicking on any
links or attachments.
Submit by Email
Weld County Referral
Y
July 11, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant: DPR Greeley, LLC Case Number: ZPAG22-0009
Please Reply By: August 1, 2022 Planner: Chris Gathman
Project: Zoning Permit for Certain Uses (Contractor's Shop) in the A (Agricultural) Zone District. This
ZPAG is being applied for in conjunction with COZ22-0007.
Parcel Number: 096115200015-R3391086 Legal: LOT 4 NW4NW4 SECTION 15, T5N, R65W of the
6th P.M., according to the Subdivision of Lands by The Union Colony of Colorado, Weld County,
Colorado.
Location: East of and adjacent to Cherry Avenue; approximately 630 -feet south of East 20th 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.
P
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 Meghan Simonds Date 07/27/2022
Agency City of Greeley
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
6reeley
SENT VIA EMAIL ONLY
July 27, 2022
Chris Gathman
Weld County Planning and Zoning
1555 N 17th Avenue
Greeley, CO 80631
cgathman'u;weldgov. corn
Re: Weld County Referral COZ22-0007 (REF2022-0025 & REF2022-0027)
Chris,
Thank you for giving the City of Greeley the opportunity to review the above -mentioned Weld County
application. The subject site is located within Greeley's Long Range Expected Growth Area (LREGA), the area in
which the community anticipates annexation and urban development to occur in the future. To follow please find
the City of Greeley standards regarding Nonresidential Development Standards, which we would appreciate be
considered regarding this application.
Department: Community Development/Planning
Reviewer: Meg Simonds
Phone: (970) 350-9824
1. Advisory: Any storage area shall be fully screened from residential property or public spaces and no
materials shall be stacked higher than the screening.
2. Advisory: The storage area shall be located on the most remote section of the site or building as possible,
but no closer than 30 feet to any street or right -of- way and outside of required setbacks in all cases.
3. Advisory: Outdoor storage areas shall be limited to no more than 300 square feet in any commercial
district.
4. Advisory: The storage area shall be paved per the requirements for parking lots.
5. Advisory: Landscape requirements will need to be met along the frontage and perimeter of the lot, which
includes, but is not limited to street trees and buffer plantings.
6. Advisory: Please give further consideration for proposed use being in direct proximity of neighboring
property being a school.
Department: Community Development/Engineering Development Review
Reviewer: Logan Glewen
Phone: (970) 350-9841
1. Advisory. The subject property is located within the City of Greeley Long Range Expected Growth Area
(LREGA). If in the future, water and sanitary sewer services are requested to serve the property, then
annexation into the City of Greeley will be required, prior to the City of Greeley providing those utility
services. The City of Greeley does not currently provide utility services to the subject property.
Page 1 of 2
All code sections are from the Greeley Development Code and from the City of Greeley Design Criteria and
Construction Specifications, Volumes I, II, & 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.com'librarycogreeley'codes 'municipal code
Engineering: http: greeleygov.com services design -criteria -and -construction -specifications
ORIGIN Map: http:gis3.greeleygov.comHtml5ORIGIN'?viewer=propertyfacts
If needed, provide written responses to the comments below. Comments identified as Advisory are for the
applicant's information only; they will not prolong the review and no response is required.
Again, thank you for the opportunity to comment on this project. Please contact me with any questions you
may have.
Sincerely,
Meghan Simonds, Planner II
Meg. Simonds'd;Greelevgov.com
Community Development -Planning Division . 1106 1Dth Street, Ste. 202, Greeley, CO 80631 . (970) 350-9780 Fax (970) 350-9800
A City Achieving Community Excellence
Page 2 of 2
SG
August 1, 2022
COLORADO
Division of Water Resources
Department of Natural Resources
Chris Gathman
Weld County Department of Planning Services
Transmission via email: cgathman@weldgov.com
Re: Zoning Permit for Contractor's Shop in conjunction with Change of Zone for DPR Greeley, LLC
Case No. ZPAG22-0009
Case No. COZ22-0007
Lot 4 NW'/a NW'/a Section 15, Twp. 5N, Rng. 65W, 6th P.M.
Water Division 1, Water District 3
Dear Mr. Gathman:
We have reviewed the above referenced application for a zoning permit in conjunction with a
change of zone. The submitted material does not 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 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.
The application seeks to change the zoning of approximately 4.5 acres from R-1 (low -Density
Residential) to A (Agricultural). The change of zone is sought to allow the use of the northern half of
the property for a contractor's shop and office, including the associated parking of fleet vehicles. A
second application seeks a zoning permit for the contractor's shop, which is a use allowed under the
A (Agricultural) zone district. The shop will be located within an existing metal building. An existing
mobile home will be used for the office. The southern portion of the property contains a
single-family dwelling and will continue to be used for residential purposes.
The property is currently serviced by the City of Greeley for water. The single-family
residence and office are each served by a septic system.
The application indicated that there are two wells located on the property, permit nos.
12705-R and 12705 -R -R. Well permit no. 12505-R was decreed in case no. 79CW250 as Miyoshi Well
No. 1-12705 for the irrigation of 31 acres in Lots 1, 2, and 4-7 in the NW'/a NW'/a Section 15, Twp. 5N,
Rng. 65W, 6th P.M. The well is currently inactive and under orders not to divert. Well permit no.
12705 -R -R was decreed in case no. 79CW250 as a partial replacement for Myoshi Well No. 1-12705. It
was decreed as Myoshi Well No. 2-12705-RF for commercial use for a 'h acre greenhouse. A field
inspection by this office in 2010 could not locate this well, however it may have been located within
I.i'.S 1.:...11:1 ,s,.:-•:". k!::: I i:" ..:.:•iv: t.{1 s[:=0.5 •} ....;.e: (:..i=.?'' hLlps:?'cl.w•.c.:..•:i•<!(1r•-tiro I ��
1•:�c�c.:}. �'c,.r: L.:rta r::' ::�,ri ;. 1}I:•s.. ."•c1 I)r:••: i �:� I'a:i�r C.. �:�r�. �I:r':� •Orrc.t.i .17rt'c i::. •
DPR Greeley, LLC
Case No. ZPAG22-0009
Case No. COZ22-0007
August 1, 2022
Page 2 of 2
a shed that was locked at the time. A third well, Myoshi Well No. 3-24292-F was decreed as another
partial replacement for Myoshi Well No. 1-12705 for commercial use for a'h acre greenhouse and has
a decreed location on the subject property; however, the 2010 field inspection also did not find a
well at this location. The subject wells would need to be included in a decreed plan for
augmentation prior to being operated for their decreed and permitted uses, and would need to be in
compliance with the South Platte Measurement Rules which would generally require the installation
of a Totalizing Flow Meter and a meter test performed by a certified well tester.
Because the contractor's shop and office will be located in existing buildings and no new
construction is proposed, the applicant requested an exception from drainage requirements and does
not propose to construct any stormwater detention facilities at this time.
So long as the wells on the property are not in use, this office has no concerns regarding the
proposed zoning permit or change of zone. Should you or the applicant have any questions in this
matter, please contact me at this office.
Cc: Applicant
Referral file no.
Referral file no.
Well permit file
Well permit file
Well permit file
30414
30415
no. 12705-R
no. 12705 -R -R
no. 24292-F
Sincerely,
Sarah Brucker, P.E.
Water Resources Engineer
Hello