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Home My WebLink About20220770.tiffMEMORANDUM TO: Michael Hall, Planning Services FROM: Melissa J King, PE, Development Review DATE: December 9, 2021 SUBJECT: MINF21-0001 ZADEL GEORGE The proposal has been reviewed on behalf of the Weld County Department of Public Works. 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: A Final Plan for a Minor Subdivision (5 lots with E (Estate) Zoning). This project is north of and adjacent to CR 38 and is east of and adjacent to CR 19. Parcel number 105934000027. Access is proposed from CR 38. ACCESS Weld County Public Works has reviewed the application materials related to access. The parcel has two existing unpermitted access points onto CR 38 approximately 215 feet and 947 feet east of the intersection of CR 38 and CR 19. • The western access point is associated with the proposed Lot 1. As Sec. 24-5-20.A.11 and Sec. 24-5-20.A.12 restrict lot access to the internal private road only, this access point shall be closed and reclaimed. This shall be documented on the Final Plan for the site. • The eastern access point appears to be associated with an access road for an oil and gas facility. Per Sec. 24-5-20.A.12.a., existing access easements for nonresidential purposes, for example oil and gas facility access roads, that do not access the internal road are allowed. The Final Plan shall include the easement for this access road. An access permit shall be obtained for this location as it is directly north of the intersection of CR 36.5 and CR 38. The proposed internal road intersection with CR 38 is considered a development access per Sec. 8-14- 40.B. This proposed access point is located approximately 550 feet east of the intersection of CR 19 and CR 38. This does not meet the minimum access spacing criteria of 1,320 feet as specified in Sec. 8-14-30 Table 1. Additionally, the parcel does not have enough frontage on CR 38 to meet the minimum access spacing criteria. Therefore, the applicant has requested a variance to the minimum access spacing criteria to allow for this location. After review of the variance request, Development Review has decided to support this request contingent upon the Board of County Commissioners' approval of this land use case. 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 Public Works prior to laying out your site plan. All "preliminarily approved" accesses are subject to change during the access permitting process. Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road. 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 County Road 19 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. County Road 38 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. 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.weldgov.comldepartments/pu blicworks/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 Latest ADT (2021) on this portion of CR 19 counted 3,241 vpd with 14% trucks. The 85th percentile speed is 61. No traffic counts are available for this portion of CR 38. The traffic information submitted with the application materials indicated that there will be typical residential traffic which is approximately 9 daily roundtrips per home. No additional traffic information is needed. IMPROVEMENTS AGREEMENT FOR ON -SITE and OFF -SITE IMPROVEMENTS Development Review is requiring an Improvements Agreement, according to the policy regarding collateral for off -site improvements and for on -site improvements, to include the construction of the internal road of the proposed minor subdivision. Collateral is required to ensure the improvements are completed and maintained. Improvements Agreement: An example agreement is available at: https://www.weldoov.com/Government/Departments/Public-Works/Development-Review . 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. Detention pond drainage narrative: The applicant has submitted a drainage narrative stating that the site meets the following drainage exception: Residential developments where all the following conditions exist. This exception shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer: a) Nine (9) lots or fewer. b) The average lot size is equal to, or greater than, three (3) acres per lot. c) Downstream roadway criteria are not exceeded. d) The total post -development imperviousness for the rural residential development does not exceed ten percent (10%), assuming that all internal roads and driveways are paved, or will eventually be paved. No additional drainage information is needed. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. CONDITIONS OF APPROVAL A. An Improvements Agreement is required for on -site improvements associated with this project. Off -site roadway improvements may be required as a part of the Agreement. (Development Review) B. The plat shall be amended to delineate the following: 1. County Road 19 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 2. County Road 38 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 on the site plan the existing right-of-way. 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 approved access locations for the proposed development access and for the existing oil and gas access onto CR 38. Show and label each access width and the appropriate turning radii (65'). Label the existing residential access as "Close and Reclaim." Show the driveway access onto the internal road for each lot. The applicant must obtain access permits in the approved locations prior to construction. (Development Review) 4. Show and label the easement used by the oil and gas facility to access CR 38 via the existing access road. (Development Review) 5. The applicant shall show the drainage flow arrows. (Development Review) Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) B. Obtain access permits for the two proposed access locations onto CR 38. (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 on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Development Review) 3. 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) 4. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 5. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 6. Weld County is not responsible for the maintenance on onsite subdivision roads. (Development Review) 6TY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Michael Hall From: Lauren Light, Environmental Health Services Date: December 9, 2021 Re: MINF21-0001 Applicant: George Zadel The Weld County Environmental Health Services Division has reviewed this proposal for a Final Plan for a Minor Subdivision for five (5) residential lots with Estate Zone District Uses. Water will be provided by Little Thompson Water District and sewer will be provided by On - site Wastewater Treatment Systems. Environmental Health Services recommends the following notes for the final plat: 1. Water service may be obtained from Little Thompson Water District. 2. The parcel is 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. 4. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of Weld County Environmental Health Services, a fugitive dust control plan must be submitted. 5. If land development exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice application, and apply for a permit from the Colorado Department of Public Health and Environment. Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-:301-64 I'2 Public Health & Clinical Services cic: 9/0 304 6420 Fax: 910-304-64 16 Environmental Health Services Tele:970-304-6415 Fax, 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fox: 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6462 Public Health yTY Health Administration Vital Records Icic: 9/0 304 6410 Fax: Y/0-'301-6,112 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 910-301-64 16 Environmental Health Services Tele:970-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele:970-304-6470 Fox: 970-304-6452 Emergency Preparedness 8 Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health I. L Weld County Referral December 6, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant: George Zadel Case Number: MINF21-0001 Please Reply By: January 3, 2022 Planner: Michael Hall Project: A Final Plan for a Minor Subdivision (5 lots with E (Estate) Zoning). Parcel Number: 105934000027-R0371694 Legal: LOT B REC EXEMPT RE -1359, PART SW4SW4 SECTION 34, T4N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. Location: EAST OF AND ADJACENT TO CR 19, NORTH OF AND ADJACENT TO CR 38. 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. O We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: HWe have reviewed the request and find no conflicts with our interests. See attached letter. Signature Doug Moss CFO -COO Date 12/06/2021 Agency Weld County School District RE -1 Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax Weld County School District RE -1 Gilcrest • LaSalle • Platteville P.O. Box 157 14827 W.C.R. 42 Gilcrest, CO 80623 Johan van Nieuwenhuizen, Superintendent December 6, 2021 Michael Hall Weld County Planning Department 1555 North 17e' Avenue Greeley, CO 80631 RE: Case Number MINF21--0001 Dear Michael: We have reviewed the application by George Zadel for MINF21-0001 and have the following comments: Weld County School District RE -1 has developed methodology for Land Dedication and/or In Lieu Payments. The current In Lieu Payment amount per single family unit is $1,054.20. Based on the information provided, it appears that there are plans to add 4 additional lots to the parcel turning it into four additional lots. Therefore, an in -lieu payment in the amount of $4,216.80 is due to the school district prior to approval of the recorded exemption. Respectfully, Doug Moss Chief Financial/Operations Officer Ben Rainbolt, Jr. Bridget Holcomb President Vice President BOARD OF EDUCATION Naomi Nguyen Secretary Patricia Montoya Treasurer Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students Adam Kosec Director Michael Hall From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Dickinson - DNR, Wenli <wenli.dickinson@state.co.us> Tuesday, December 7, 2021 9:23 AM Michael Hall Williams - DNR, Joanna Re: Referral Agency Email Zadel Minor Subdivision - DWR Comments 2020-10-27.pdf Follow up Flagged 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 morning Michael, Our office recently reviewed the water supply plan for the Zadel Minor Subdivision in response to the MINK20-0002 referral. This referral did not contain any new information regarding the water supply, therefore out comments are the same as those provided in our October 27, 2020 letter (attached). Please let me know if you have any questions. Best, Wenli Dickinson Water Resource Engineer COLORAD Division of Wate-r T Fr..rrrnamr ryf hfariar..l lea. P 303.866.3581 x8206 1313 Sherman St, Suite 821, Denver, CO 80203 wenli.dickinson@state.co.us I dwr.colorado.gov Forwarded message From: <noreply@weldgov.com> Date: Mon, Dec 6, 2021 at 11:31 AM Subject: Referral Agency Email To: <SARAH.BRUCKER@state.co.us> The Weld County Planning Department has received a Minor Subdivision - Final application, case # MINF21-0001, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Michael Hall 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, 1 * Click on "Planning" tab on the menu bar * Under General Search, type case# MINF21-0001, 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: Michael Hall at 970-400-6100 Thank you, Michael Hall 1555 N 17th Ave Greeley, CO 80631 970-400-6100 mhall@weldgov.com £.0 October 27, 2020 COLORADO Division of Water Resources Department of Natural Resources Michael Hall Weld County Planning Services Transmission via email: mhall@weldgov.com RE: Zadel Minor Subdivision Case No. MINK20-0002 Part of the SW1/4 of the SW1/4 of Sec. 34, T4N, R67W, 6th P.M. (Lot B RE -1359) Water Division 1, Water District 2 Dear Mr. Hall: We have reviewed your submittal of October 21, 2020 concerning the above referenced proposal for a minor subdivision of 5 single-family residential lots on 25.4 acres (Lot B of RE - 1359) to be known as Zadel Minor Subdivision. The lots will range in size from 3.52 acres to 6.84 acres. Water Supply Demand A Water Supply Information Summary Sheet ("Summary Sheet") was not submitted, however according to a letter dated August 20, 2020 (District Letter) from the Little Thompson Water District (District) the water supply demand is 0.70 acre-feet per tap, totaling 2.8 acre-feet for the new taps proposed for lots 2, 3, 4, and 5. Proposed Lot 1 will be served by the District through existing tap 3564. Source of Water Supply The proposed water source is listed as the District. The District letter noted that water service for new taps for Lots 2, 3, 4, and 5 can be made available provided all requirements of the District are satisfied including a 6 -inch mainline extension that ties into an existing 6 - inch diameter water line located in the WCR-38. In addition the developer will be required to provide water rights to meet the minimum project needs of the proposed development at 0.70 acre-feet per tap. We do not know if the applicant has met these other requirements. The commitment letter will expire two years from the date of the letter if the taps have not been purchased, paid for and installed by that date of expiration date. Based on current records on file in this office, the District will require the developer to purchase and transfer to the District 1.4 share of Colorado -Big Thompson (CBT) water prior to tap activation. This office most recently received information from the District regarding their water supply in a letter dated January 10, 2013. At that time, the District had a total firm yield of 4,923 acre-feet, with a total projected demand of 5,423 acre-feet at the end of 2020. By policy, new growth within the LTWD requires developers to dedicate water rights sufficient to supply the anticipated demands within their development. 13133 Sherman Street, Room 821, Denver. CO 80203 P 303.856.3581 ,h'wv.colorado.8ov/water _tared S. Polls, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Ohector Zadel Minor Subdivision October 27, 2020 Page 2 of 2 The applicant should be aware that, unless the structure can meet the requirements of a "storm water detention and infiltration facility" as defined in section 37-92-602(8), Colorado Revised Statutes, the structure may be subject to administration by this office. The applicant should review DWR's Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado to ensure that the notification, construction and operation of the proposed structure meets statutory and administrative requirements. The applicant is encouraged to use Colorado Stormwater Detention and Infiltration Facility Notification Portal, located at https://maperture.digitaldataservices.com/gvh/?viewer-cswdif, to meet the notification requirements. State Engineer's Office Opinion Based upon the above and pursuant to Section 30-28-136(1)(h)(I) and Section 30-28- 136(1)(h)(II), C.R.S., it is our opinion that the proposed water supply is adequate and can be provided without causing injury to decreed water rights as long as the District provides water to all 5 lots within this subdivision. Our office recommends that the County obtain proof, prior to subdivision approval, that the developer has met the requirements of the District for obtaining water service for the five lots, including the requirement to provide water rights to the District in an amount of 0.7 acre-feet per proposed tap. Should you or the applicant have any questions, please contact loana Comaniciu at (303) 866- 3581 x8246. Sincerely, Joan?Williams, P.E. Water Resource Engineer Ec: Subdivision File 27388 District File Hello