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Home My WebLink About20223045.tiffMEMORANDUM TO: Chris Gathman, Planning Services FROM: Melissa J King, PE, DRE DATE: July 21, 2022 SUBJECT: COZ22-0007 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: Parcel: 096115200015. The project proposes to: Change of Zone from the R-1 (Low -Density Residential) Zone District to the A (Agricultural) Zone District. ACCESS: Weld County Development Review has reviewed the application materials related to access. The parcel has an existing residential access permit for access onto Cherry Avenue (AP22-00209). No other access point is requested. 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: 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 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. 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. Cherry Avenue is considered adequate in functional classification, structural capacity, and width fort he potential traffic associated with the proposed zone district. 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 Latest Annual Average Daily Traffic on this portion of Cherry Avenue counted 563 vehicles per day with 6% trucks. The 85th percentile speed is 42 mph. The traffic information submitted with the application indicates that there will be no change in traffic from the existing maximum of 5 passenger vehicles round trips per day and of 1 passenger pick-up truck with trailer round trip per day. Based on this traffic information, the Cherry Avenue roadway providing access to the property is adequate in functional classification, width and structural capacity to meet the traffic requirements. No additional traffic information is needed at this time. Be aware that future land use cases may have additional requirements as the proposed traffic may trigger required improvements. 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. No MS4 requirements have been triggered with the proposed change of zone. Be aware that subsequent land use cases may trigger MS4 requirements. Questions pertaining to the MS4 requirements should be directed to the Public Works Department 970- 400-3788. CONDITIONS OF APPROVAL: The plat shall be amended to delineate the following: 1. 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 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. 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. Show and label the existing permitted access point and the usage types (Residential). (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. This site is located in the MS4 area and is subject to the regulations of the state -issued MS4 Permit. (Development Review) 4. 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: July 25, 2022 Re: COZ22-0007 Applicant: DPR Greeley, LLC Environmental Health Services has reviewed this proposal for a Change of Zone from the R-1 ( Low - Density Residential) Zone District to the A (Agricultural) Zone District. 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 the following appear as notes on the Change of Zone plat: 1. Water service may be obtained from The City of Greeley or an appropriately permitted well. 2. Groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 3. 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. 4. 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 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: COZ22-0007 Please Reply By: August 8, 2022 Planner: Chris Gathman Project: Change of Zone from the R-1 (Low -Density Residential) Zone District to the A (Agricultural) Zone District. 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 �_ _•r i, Date July 13, 2022 Agency Code Compliance Officer 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: COZ22-0007 Please Reply By: August 8, 2022 Planner: Chris Gathman Project: Change of Zone from the R-1 (Low -Density Residential) Zone District to the A (Agricultural) Zone District. 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 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