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HomeMy WebLinkAbout20223490.tiffMEMORANDUM TO: Chris Gathman, Planning Services FROM: Melissa J King, PE, DRE DATE: August 23, 2022 SUBJECT: COZ22-0010 Knudson 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: Parcel: 146933400039 Lot A RECX16-0028. The project proposes to: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. ACCESS: Weld County Development Review has reviewed the application materials related to access. The parcel has an existing permitted access onto CR 19. (AP13-00362 Residential). This is a shared access point with an associated 60 -foot -wide easement created by RECX13-0106 Rec. No. 3985122. The applicant shall obtain an access permit for the change of use. Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHT-OF-WAY: County Road 19 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate on the plat 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. 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 19 is found to be adequate in functional classification, width and structural capacity to meet the traffic requirements of the proposed zone. CR 19 is a paved two-lane road. The property is bounded on the south by CR 2. While the County does have right-of-way in this area, it is not maintained by the County. This segment of CR 2 is under the jurisdiction of Adams County. Contact Adams County to verify right-of-way. CONDITIONS OF APPROVAL: 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 (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the 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 existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. 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. This road is maintained by Weld County. (Development Review) 2. This portion of County Road 2 is under the jurisdiction of Adams County. Please contact the County to verify the right-of-way. Show and label the right-of-way. (Development Review) 3. (Development Review) 4. Show and label the existing permitted access point onto CR 19 and the usage type. (Development Review) 5. Show and label a 60 -ft. access and utility easement (Rec. No. 3985122) to provide legal access to the parcel on the plat. (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. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. (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. 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: Chris Gathman From: Lauren Light, Environmental Health Services Date: September 21, 2022 Re: COZ22-0010 Applicant: Kennard and Vicki Knudson 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. The property is currently vacant and will be served by Todd Creek Metropolitan District for water and an on -site wastewater treatment system when development occurs. A commitment letter from Todd Creek was provided as part of the application. We recommend the following appear as notes on the plat: 1. Water service may be obtained from Todd Creek Metropolitan 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 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 Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: COZ22-0010 Associated Parcel: 146933400039-R8945521 OGED Reviewer: Jennifer Teeters Review Date: 8/30/2022 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, none directly on the associated parcel. 2. 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. This determination is based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. From: DevelopmentSubmittals To: Chris Gathman Cc: Jen Rutter Subject: RE: Referral Agency Email Date: Friday, August 19, 2022 1:55:07 PM 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. Hi Chris, Thank you for including Adams County in the review for Case# COZ22-0010. Adams County has review all documents for this proposal and would like to offer the following comment- Additional residential development is anticipated on the Adams County side of 168th. Provided sufficient utilities are available for commercial development, low intensity, neighborhood -serving commercial uses are supported. Please reach out with any questions or concerns. Have a great weekend. Thanks, Layla Bajelan Senior Long Range Planner, Community and Economic Development ADAMS COUNTY, COLORADO 4430 S. Adams County Parkway, 1st Floor, Suite W2000A Brighton, CO 80601 720.523.6863 LBajelan(a adcogov.org www.adcogov.org ** New Schedule: Tuesday -Friday 7 a.m. to 5:30 p.m.** County operating hours: Monday through Friday, 7 a.m. to 5:30 p.m. From: Kristine Ranslem <kranslem@weldgov.com> Sent: Tuesday, August 16, 2022 2:04 PM To: DevelopmentSubmittals <DevelopmentSubmittals@adcogov.org> Cc: Chris Gathman <cgathman@weldgov.com> Subject: Referral Agency Email Please be cautious: This email was sent from outside Adams County The Weld County Planning Department has received a Change of Zone application, case # COZ22- 0010, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Chris Gathman 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# COZ22-0010, 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: Chris Gathman at 970-400-6100. Thank you, Chris Gathman 1555 N 17th Ave Greeley, CO 80631 970-400-6100 cgathmanPweldgov.com K.!'GSti,ne R,2nstowL Planning Technician Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 (970)400-3519 kranslem P weldgov. com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Weld County Referral Y August 16, 2022 Submit by Email The Weld County Department of Planning Services has received the following item for review: Case Number: COZ22-0010 Planner: Chris Gathman Applicant: Kennard and Vicki Knudson Please Reply By: September 13, 2022 Project: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District. Parcel Number: 146933400039-R8945521 Legal: LOT A REC EXEMPT RECX16-0028; PART SE4 SECTION 33, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to County Road 2 and west of and adjacent to County Road 19. 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 FT 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 Wenli Dickinson Date 8/18/2022 Agency Colorado Division of Water Resources We have reviewed the referral to rezone a portion of Lot A of RECX16-0028 to business commercial, case no. COZ22-0010. The water source is a proposed well which the applicant has applied for under receipt number 10023203. The application appears to be consistent with the proposed water uses for the business but we requested additional information from the applicant required to evaluate the application which we have not yet received. The applicants should contact Ailis Thyne at ailis.thyne@state.co.us if they have questions about their pending well permit application. Our office has no additional comments on this referral. Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax Hello