HomeMy WebLinkAbout20220193.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
FROM: Melissa J King, PE, Public Works
DATE: August 23, 2021
SUBJECT: RLDF21-0001 Stahl
The Weld County Department of Public Works has reviewed this proposal. 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(s): 105726000028
The project proposes to: Two Lot Rural Land Division
ACCESS:
Weld County Public Works has reviewed the application materials related to access.
The parcel has three permitted existing access locations (AP18-00207). One agricultural access onto CR
33 is approximately 230 feet north of the intersection of CR 33 and CR 40. Two access locations onto CR
40 are approximately 425 feet east of and 650 feet east of the intersection of CR 40 and CR 33. These
access locations are residential and agricultural, respectively.
The applicant has proposed that the Rural Land Division internal road access onto County Road 33
approximately 230 feet north of the intersection of County Road 33 and County Road 40. This access
location is currently a permitted agricultural access (AP1 8-00207). As the internal road access would be
considered a "development access" per Weld County Code Section 8-14-40.B., the existing spacing of 230
feet does not meet the Minimum Spacing Criteria of 330 feet for local roads, as specified in Table 1 below.
The applicant has requested a variance for this access location. The variance request states that the
applicant would close and reclaim the existing permitted access points onto County Road 40.
Upon thorough review of the variance request, it has been determined that approval for this request is
granted CONTINGENT upon the Weld County Board of County Commissioners' approval of RLDF21-0001.
Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet)
Access Element
Arterial
Collector
Local
Distance between intersections
Signalized
Unsignalized
2,640
1,320
N/A
1,320
N/A
330
Distance between accesses and intersections
660
660
330
Distance between access points
660
330
150
Distance between access points in subdivisions
660
330
75
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. Please
refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHT-OF-WAY:
County Road 40 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 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 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 roadways may not be centered in the right-of-way. This road is maintained by Weld
County.
County Road 33 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a local road, which requires 60 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 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 roadways may not be centered in the right-of-way. This road is maintained by Weld
County.
As part of the Rural Land Division Standards (i.e. Sec.24-6-20.A.14), a single internal road shall be
constructed with publicly dedicated right-of-way (ROW) that is privately maintained. Specifically, WCEC
Chapter 2.2 specifies 60 feet as the minimum ROW for a local road. Chapter 2.2 also states that only the
Weld County Board of County Commissioners can approve a different ROW width and can waive public
dedication of ROW. The applicant is requesting a 30 -foot -wide shared access easement in lieu of 60 feet
of publicly dedicated ROW. The applicant has drafted a shared maintenance agreement for this easement.
The applicant is aware that this request shall be made during the BOCC land use hearing. Based on a
thorough review of the application and the case specifics, the Department of Public Works is in support of
this request.
Also, as part of the Rural Land Division Standards (i.e. Sec.24-6-20.A.20), the internal roadway shall meet
all safety criteria as outlined in Chapter 8, Article XIV of the Weld County Code, to include the local road
typical cross section. The applicant is requesting an alternate cross section with a total of 18 feet of gravel
driving surface (4" of gravel over 4" of compacted subbase), 1 -foot shoulders on each side of the road, and
2 -foot swales on each side of the road. The applicant is aware that this request is contingent upon the
BOCC approval of the applicant's request for the construction of a 30 -foot wide shared access easement
with no publicly dedicated ROW of 60 feet. The applicant is aware that the request shall be made during
the BOCC land use hearing. Based a thorough review of the application, the Department of Public Works
is in support of this request.
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/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
No current traffic counts are available in the area.
The traffic information submitted with the application materials indicated that there will be only residential
traffic associated with the two residences.
No additional traffic information is needed.
IMPROVEMENTS ROAD MAINTENANCE AGREEMENT WITH UP -FRONT ON -SITE IMPROVEMENTS
Public Works is requesting an Improvements Road Maintenance Agreement for up -front on -site
improvements for an internal roadway or for a shared access drive as determined by the BOCC.
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 waived and a simple drainage narrative:
The applicant has submitted a drainage narrative stating that the site meets drainage exception 8.
Development of sites where the change of use does not increase the imperviousness of the site. Located
in Sec. 8-11-40. Drainage Policy.
No additional drainage information is required.
Historic Flows:
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from
the property.
GRADING PERMIT
Per Weld County Code, Section 8-12-30.B, a Weld County Grading Permit will be required if disturbing
more than 1 acre. Grading Permits are issued after the planning process is complete (map recorded). An
Early Release Request Form may be entertained only after the applicant, Public Works, and the Planning
Department have reviewed the referral and surrounding property owner comments and the case has been
heard by the Board of County Commissioners (or the case has been approved by the Director of Planning
Services if it is a case not requiring Board approval). The Early Release Request may or may not be granted
depending on referral comments and surrounding property owner concerns. Contact an Engineering
Development Review representative from the Public Works Department for more information. The
Application Fee for a grading permit is $500 (Appendix 5-M of the Weld County Code).
CONDITIONS OF APPROVAL:
A. An Improvements and Road Maintenance Agreement is required for on -site improvements at this
location for an internal roadway or for a shared access drive as determined by the BOCC. Off -site
roadway improvements may be required as a part of the agreement. Road maintenance includes,
but is not limited to, dust control and damage repair. The Agreement shall include provisions
addressing engineering requirements, submission of collateral, and testing and approval of
completed improvements. (Department of Public Works)
B. The plat shall be amended to delineate the following:
County Road 33 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 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 or reserved per Weld County Code. 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. (Department of Public Works)
2. County Road 40 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 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 or reserved per Weld County Code. 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. (Department of Public Works)
3. Show and label either the internal roadway or the shared driveway with easement
depending upon the decision of the BOCC.
If the proposed parcels (Lot A-1 and Lot A-2) use an internal road with publicly dedicated
right-of-way to access maintained County Road 33, the submitted plat shall show the
internal road and the publicly dedicated right-of-way used to access the site from the
maintained County Road, from the lots to and including the maintained County Road
access point. All setbacks shall be measured from the edge of right-of-way. This road
will not be maintained by Weld County. Show and label the right-of-way as "Platted Right-
of-way, not County maintained."
If the proposed parcels (Lot A-1 and Lot A-2) use a shared driveway to access maintained
County Road 33, the submitted plat shall show the 30 -foot minimum access and utility
easement to provide legal access to the Lots. This shared driveway will not be maintained
by Weld County. (Department of Public Works)
4. Show and label the approved access point and the usage type (Development Access). The
access location will be reviewed as a part of the plat submittal. (Department of Public
Works)
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. (Department of
Public Works)
2. 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. (Department of
Public Works)
3. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
4. If applicable, 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.
(Department of Public Works)
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. (Department
of Public Works)
6. The Property Owner shall comply with all requirements provided in the executed
Improvements Road Maintenance Agreement with Up -Front On -Site Improvements.
(Department of Public Works)
7. The Improvements Road Maintenance Agreement with Up -Front On -Site Improvements
for this site may be reviewed on an annual basis, including a site visit and possible updates.
(Department of Public Works)
8. The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
c u rY 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Chris Gathman, WC Planning
From: Lauren Light, Environmental Health Services
Date: August 30, 2021
Re: RLDF21-0001 Applicant: Stahl
Environmental Health Services has reviewed this request for a Final Plan application for
a Two -Lot Rural Land Division (RLD).
Lot A-2 will consist of 3 acres and contains a residence which is served by Central Weld
Water District and an on -site wastewater treatment system (OWTS G19950090). Lot A-
1 will consist of 4.7 acres and contains a residence which is served by Central Weld
Water District and an OWTS (SP -1500191).
Environmental Health Services recommends the following appear as notes on the Rural
Land Division plat:
1. Water service may be obtained from Central Weld County Water District.
2. The parcels are 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.
Health Administration Public Health & Environmental Health
Vital Records Clinical Services Services
Icic: 9/0 304 6410 Ice: 9:0 304 6420 Tele: 970-304-6415
Fax: 9/0-301-6412 Fax: 5 i 0-301-64 1 6 Fax. 970-304-641
Communication, Emergency Preparedness
Education & Planning g Response
Tele: 970-.304-6470 Tele: 970-304-6470
Fax: 970-304-6452 Fax: 970-304-6452
Public Health
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency:
Weld County Department of Planning Services
Reference Number:
RLDF21-0002
Associated Parcel:
105726000028
OGED Reviewer:
Amanda Petzold
Review Date:
August 20, 2021
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. 1041WOGLA20-0033 is sited to the south west of the parcel. This Oil and Gas Location has
not been constructed; however, the haul route approved with this permit travels north on
CR 33, passing the associated parcel.
3. The RLDF 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.
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