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Home My WebLink About20230620.tiffMEMORANDUM TO: Kim Ogle, Planning Services FROM: Melissa J King, PE, DRE DATE: November 15, 2022 SUBJECT: COZ22-0012 Sunset Industrial 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: Parcels: 096103300067. The project proposes to: Change of Zone from the A (Agricultural) and 1-3 (Heavy Industrial) Zone Districts to the 1-3 (Heavy Industrial) Zone District. ACCESS: Weld County Development Review has reviewed the application materials related to access. The parcel has an existing access onto E 8th Street, which is under the jurisdiction of the City of Greeley. Please contact the City of Greeley with regard to access permitting. ROADS AND RIGHT-OF-WAY: This portion of E 8th Street is under the jurisdiction of the City of Greeley. The municipality 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. Per Sec. 23-2-30.A.4. of the Code, paved roadways are considered adequate in functional classification, width and structural capacity to meet the traffic requirements of the change of zone. CONDITIONS OF APPROVAL: The plat shall be amended to delineate the following: 1. This portion of E 8th Street is under the jurisdiction of the City of Greeley. 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 the approved access point(s) on the plat and label with the approved City of Greeley access permit number if applicable. (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: November 22, 2022 Re: COZ22-0012 Applicant: Sunset Industrial, LLC Environmental Health Services has reviewed this proposal for a Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District. There are four residences located on the property and all but one will be removed. The remaining residence will be used as a caretakers dwelling for the proposed RV storage facility. The home is served by North Weld County Water District and an on -site wastewater treatment system that is not documented/permitted. Environmental Health Services recommends the following requirement be incorporated into the permit as a condition that must be met prior to recording the plat. 1. All on -site wastewater treatment systems (OWTS) located on the property shall have appropriate permits/documentation from the Weld County Department of Public Health & Environment. Any existing OWTS which is not currently permitted/documented through the Weld County Department of Public Health & Environment will require an OWTS Evaluation prior to the issuance of the required permit/documentation. In the event the system is found to be inadequate, the system must be brought into compliance with current OWTS regulations. We recommend the following appear as notes on the Change of Zone plat: 1. Water service may be obtained from 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 (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 PROJECT: MEMORANDUM TO: Kim Ogle DATE: November 15, 2022 FROM: Diana Aungst, CFM SUBJECT: COZ22-0012, Sunset Industrial, LLC Change of Zone from the A (Agricultural) and 1-3 (Heavy Industrial) Zone Districts to the 1-3 (Heavy Industrial) Zone District PARCEL: 096103300067 COMMENTS: No Floodplain Development Permit has been issued for this property. DELINEATE ON THE PLAT: 1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services — Floodplain) PLAT NOTES: 1. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -1542F and 1541 F dated March 23, 2022 (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 by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services — 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. (Department of Planning Services — Floodplain) Submit by Email Weld County Referral November 8, 2022 The Weld County Department of Planning Services has received the following item for review: Applicant: Sunset Industrial, LLC Case Number: COZ22-0012 Please Reply By: December 6, 2022 Planner: Kim Ogle Project: Change of Zone from the A (Agricultural) and 1-3 (Heavy Industrial) Zone Districts to the 1-3 (Heavy Industrial) Zone District. Parcel Number: 096103300067-R2581503 Legal: PART W2 SECTION 3, T5N, R65W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to E. 8th Street, approximately 670 -feet east of Cherry Avenue (County Road 43). 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. nWe have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: nWe have reviewed the request and find no conflicts with our interests. nSee attached letter. ,V Signature Agency Weld County Department of Oil & Gas Energy Date 11/14/2022 Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: COZ22-0016 Associated Parcel: 096103300067 OGED Reviewer: Kelly Holliday Review Date: November 14, 2022 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) 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 05-123-13058 KERR MCGEE OIL & GAS ONSHORE LP 12-3 FAIRMEADOWS PA 05-123-13585 EXTRACTION OIL & GAS INC 11-3 FAIRMEADOWS PA 3. The Change of Zone 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. Signature Agency Submit by Email Weld County Referral November 8, 2022 The Weld County Department of Planning Services has received the following item for review: Applicant: Sunset Industrial, LLC Case Number COZ22-0012 Please Reply By: December 6, 2022 Planner Kim Ogle Project: Change of Zone from the A (Agricultural) and 1-3 (Heavy Industrial) Zone Districts to the 1-3 (Heavy Industrial) Zone District. Parcel Number 096103300067-R2581503 Legal: PART W2 SECTION 3, T5N, R65W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to E. 8th Street, approximately 670 -feet east of Cherry Avenue (County Road 43). 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. 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. Date NNNZen WEST. GREELEY CONS RVATION DISTRICT Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax West Greeley Conservation District (970) 356-8097 Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Symbol Map Soil Name Soil Texture Shallow Excavations Dwellings without Dwellings basements with Small Commercial Septic Absorption Tank Prime Land Farm (if Additional Comments 3' Aquolls Gravelly Substratum Severe Severe Severe Severe Severe No 10 Bankard Sandy Loam Severe Severe Severe Severe Severe No 21 Dacono Clay Loam Severe Slight Severe Yes 68 Ustic Severe No ' ,. , The West Greeley Conservation District recommends that contact our office at (970) 356-8097. If you or the applicant the applicant does an on site soils have any questions please feel test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or free to call our office. WES a j CONS ERVA I N „e. a ill _ Di's, R cIA .. i a e * AI • 1 I' - .ay - --_ `-. Ste_-♦♦♦ • _J `�� . Ir ill I lbj Produced by the West Greeley Conservation District XcelEnergysM PUBLIC SERVICE COMPANY November 18, 2022 Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80631 Attn: Kim Ogle Re: Sunset Industrial Rezone, Case # COZ22-0012 Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3284 donna.l.george@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the request for the Sunset Industrial Rezone. Please be advised that Public Service Company has existing electric distribution within the areas indicated in this proposed rezone. Public Service Company has no objection to this proposed rezone, contingent upon PSCo's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities. 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 From: Kally Moran <Kally.Moran@Greeleygov.com> Sent: Wednesday, January 18, 2023 1:11 PM To: Chris Leone <chrisleone@j2contracting.com> Cc: Adam Prior <Adam.Prior@Greeleygov.com>; Tania Gutierrez <Tania.Gutierrez@Greeleygov.com> Subject: RE: Weld County Letter Chris, We have clarified the exhibits, I am preparing to get this processed for execution and recording. Thank you, Gr�cley Kally Moran Real Estate Manager City Manager's Office — Real Estate Management 1000 10t" Street Greeley, CO 80631 970-590-2753 Cell l 970-336-4217 Office Kally.Moran@GreeleyGov.com www.GreeleyGov.com From: Chris Leone <chrisleone@j2contracting.com> Sent: Wednesday, January 18, 2023 10:42 AM To: Kally Moran <Kally.Moran@Greeleygov.com> Subject: [EXTERNAL] RE: Weld County Letter Hi Kally, Trying not to pester you but wanted to follow up again to see if we are on track to have the ROW conversion recorded before we go before the board. Thanks! Chris Leone J-2 Contracting Co. 970-219-3916 From: Kally Moran <Kally.Moran@Greeleygov.com> Sent: Friday, January 6, 2023 1:36 PM To: Chris Leone <chrisleone@j2contracting.com> Cc: Adam Prior <Adam.Prior@Greeleygov.com> Subject: RE: Weld County Letter Hi Chris, I just reviewed the legal description and had an edit. Hopefully I will have what I need back by the end of next week and can get this wrapped up for you. Thank you, Gr�cley Kally Moran Real Estate Manager City Manager's Office — Real Estate Management 1000 10th Street Greeley, CO 80631 970-590-2753 Cell l 970-336-4217 Office Kally.Moran@GreeleyGov.com www.GreeleyGov.com From: Chris Leone <chrisleone@j2contracting.com> Sent: Friday, January 6, 2023 12:12 PM To: Kally Moran <Kally.Moran@Greeleygov.com> Subject: [EXTERNAL] RE: Weld County Letter Hi Kally, We are due to go before the Weld County board Feb 7th and Weld County is requiring we have the fee simple conversion completed and recorded before then. Do you have a status on the conversion I could provide to Weld County? Thanks Chris Leone J-2 Contracting Co. 970-219-3916 From: Kally Moran <Kally.Moran@Greeleygov.com> Sent: Thursday, November 17, 2022 11:34 AM To: Chris Leone <chrisleone@j2contracting.com> Subject: COG: Weld County Letter Chris, This is going out in the mail today. Thank you, Gr�cley Kally Moran Real Estate Manager City Manager's Office — Real Estate Management 1000 10t" Street Greeley, CO 80631 970-590-2753 Cell l 970-336-4217 Office Kally.Moran@GreeleyGov.com www.GreeleyGov.com From: Meg Oren <Meg.Oren@Greeleygov.com> Sent: Tuesday, November 22, 2022 10:39 AM To: Kim Ogle <kogle@weldgov.com> Cc: Logan Glewen <Logan.Glewen@Greeleygov.com> Subject: REF2022-0043 - COZ22-0012 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. SENT VIA EMAIL ONLY November 22, 2022 Kim Ogle Weld County Department of Planning Services 1555 N, 17th Ave Greeley, CO 80631 kogle@weldgov.com Re: COZ22-0012 (REF2022-0043) Kim, Thank you for giving the City of Greeley the opportunity to review the above -mentioned project. 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. Please find below our comments for the project. Department: Community Development/Planning Reviewer: Meg Oren Phone: (970) 350-9824 1. Advisory. The subject site is located with the City of Greeley's Long Range Expected Growth Area (LREGA). If the site should be annexed into the City of Greeley, any development would be required to follow the Municipal Code criteria per Title 24, Chapters 6, 7, and 8. 2. Please contact the Planning Department with questions regarding proposed and allowed land uses per zoning districts. 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. 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/library/co/greeley/codes/municipal code Engineering: http://greeleygov.com/services/design-criteria-and-construction-specifications ORIGIN Map: http://gis3.greeleygov.com/Html5ORIGIN/?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. Once again, thank you for the opportunity to comment on this project. Please contact me with any questions you may have. Sincerely, Meg Meghan Oren, Planner II Meg.Oren@Greeleygov.com reeley Meg Oren Planner II Community Development I Long Range Planning Division 1100 10th Street Greeley, CO 80631 P: 970.350.9824 I Meg.Oren@greeleygov.com www.greeleygov.com Hello