HomeMy WebLinkAbout20220810.tiffMEMORANDUM
TO: Angela Snyder, Planning Services
FROM: Melissa J King, PE, DRE
DATE: January 6, 2022
SUBJECT: COZ21-0010 RH Amen Farms, LLC
The proposal has been reviewed for the Weld County Department of Public Works requirements. 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: 095719100009, 095719400010 - (Previously 095719100058)
The project proposes to: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial)
Zone District.
ACCESS:
Weld County Development Review has reviewed the application materials related to access.
The applicant has proposed that parcel 095719100009 continue to use the permitted existing access onto
CR 56 (AP15-00293 - Commercial). This access was created in association with Recorded Exemption 15-
0078 and is a shared access that includes a 30 -foot easement (Rec. No. 2228464 and Rec. No. 2210645)
that provides access to the two parcels to the south (i.e. 09571900064 and 095719100065) operating under
USR15-0040. Currently the access is designated as "Commercial." A new access permit is required, per
Sec. 8-14-30.G. of the Code, in that there will be a change in use (i.e. change in zoning).
The remaining parcel 095719400010 is divided southeast to northwest by the Great Western Railroad.
• The applicant has proposed that the northern portion of the parcel access onto CR 15
approximately 1,375 feet north of the intersection of CR 15 and CR 54. At this location there is an
existing unpermitted access point that appears to be agricultural. A permit for access onto CR 15
shall be obtained for a location that is outside of the existing railroad right-of-way, that is configured
at an 80-100 degree angle off of CR 15, that is a maximum of 40 feet in width, that allows for a 65 -
foot turning radii, and that meets Chapter 8 safety criteria (e.g. site visibility, Minimum Access
Spacing Criteria -Sec 8-14-30). Based on these requirements, the existing agricultural access may
be required to be closed and reclaimed for a location to the north that meets these requirements.
Only one access is appropriate for this portion of the parcel. Any additional existing unpermitted
accesses shall be closed and reclaimed.
• The applicant has proposed that the southern portion of the parcel access onto CR 15
approximately 1,260 feet north of the intersection of CR 15 and CR 54. At this location there is an
existing unpermitted access point that appears to be agricultural. A permit for access onto CR 15
shall be obtained for a location that is outside of the existing railroad right-of-way, that is configured
at an 80-100 degree angle off of CR 15, that is a maximum of 40 feet in width, that allows for a 65 -
foot turning radii, and that meets Chapter 8 safety criteria (e.g. site visibility, Minimum Access
Spacing Criteria -Sec. 8-14-30). Based on these requirements, the existing agricultural access may
be required to be closed and reclaimed for a location to the south that meets these requirements.
Additionally, it appears as if an easement may be required across the parcel to the south (i.e. parcel
095719400002) so that the required configuration may be met.
Obtain access permits for locations that meet all of the criteria.
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. For shared, Development Review
strongly recommends the property owner establish an access road maintenance agreement so future owner
of the properties will be aware of their requirements for shared maintenance of the access road. This is not
a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the
future. Please refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHT-OF-WAY:
County Road 15 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 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 56 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.
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
Latest ADT (2020) on this portion of CR 15 counted 557 vpd with 16% trucks. The 85th percentile speed is
54 mph.
Latest ADT (2020) on this portion of CR 56 counted 188 vpd with 31% trucks. The 85th percentile speed is
37 mph.
The traffic information submitted with the application materials states that traffic volumes and routes will be
determined at the time of the development.
Sec. 23-2-50.E.8. and Sec. 23-2-40.B.4. require that the roads (i.e. CR 15 and CR 56) providing access to
the properties are adequate in size to meet the requirements of the proposed zone district. Considering
the proposed zoning is Industrial — 3 (Heavy), the potential uses allowed in this zone district, the traffic
typically associated with these uses, the existing traffic on the roads, and the existing condition of these
roads, Development Review has determined that:
• CR 15 is adequate in functional classification, width, and structural capacity to meet the potential
traffic requirements.
• CR 56 is adequate in functional classification BUT is not adequate in width and structural capacity
to meet the potential traffic requirements (i.e. vehicle count and vehicle type).
Therefore, per Sec. 23-2-50.E.8. the applicant shall supply information which demonstrates willingness
and financial capability to upgrade CR 56 in conformance with the Transportation Plan and thereby meet
the requirements of Section 23-2-40 B.4 of this Chapter. This shall be shown by an Improvements
Agreement or contract guaranteeing installation of improvements by the applicant made in conformance
with the COUNTY policy on collateral for improvements. Approval of the Improvements Agreement will be
a condition of obtaining an Access Permit, pursuant to Section 8-14-10 et seq., and the Improvements
Agreement shall meet the requirements of Appendix 8-Q.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WITH UP -FRONT IMPROVEMENTS
Development Review is requiring an Improvements Agreement as a condition of the access permit onto
CR 56. This Agreement shall include the upgrade of CR 56 to conform with the Chapter 8 standards (e.g.
cross section) for a local road. Additionally, this Agreement shall include at a minimum the treatment of the
road with magnesium chloride for dust mitigation at an acceptable frequency.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review
It will detail the required up -front off -site improvements required for CR 56.
CONDITIONS OF APPROVAL:
A. Obtain three access permits for acceptable access types and access locations: one onto County
Road 56 and two onto County Road 15. (Development Review)
B. As a condition of obtaining the access permit onto CR 56, an Improvements Agreement is
required for off -site improvements to County Road 56. The Agreement shall include provisions
addressing engineering requirements, submission of collateral, and testing and approval of
completed improvements. (Development Review)
C. The plat shall be amended to delineate the following:
1. County Road 15 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. 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. All setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Development Review)
2. County Road 56 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. 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. 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 onto CR 15 and onto CR 56, approved access
width, and the appropriate turning radii (65') on the plat. The applicant must obtain access
permits as a Condition of Approval. (Development Review)
4. Show and label a 30 -foot minimum access and utility easement documenting legal access for
the three parcels that access onto CR 56 at the shared access point (Currently permitted as
AP15-00293). (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 Property Owner shall comply with all requirements provided in the executed
Improvements Agreement. (Development Review)
4. The Improvements Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates. (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
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To:
From:
Date:
Re:
Angela Snyder
Lauren Light, Environmental Health Services
December 9, 2021
COZ21-0010 Applicant: R.H. Amen Farms, 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.
The site is currently vacant and will be served by Little Thompson Water District and an
on -site wastewater treatment system when developed. A commitment to serve letter
from Little Thompson Water District was included with the submittal.
We recommend the following appear as notes on the 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 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.
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. 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/U 304 6410
Fax: Y/0 -:30,1-6,1I2
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9/0-3N-6416
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
Te le: 970-304-6470
Fax: 970-304-6452
Public Health
Submit by Email
Weld County Referral
December 6, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: R.H. Amen Farms, LLC Case Number: COZ21-0010
Please Reply By: January 3, 2022 Planner: Angela Snyder
Project: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone
District.
Parcel Number: 095719100059-R1519102 Legal: NE4 & N2SE4 AND ALSO PART NW4 SECTION 19,
T5N, R67W of the 6th P.M., Weld County, Colorado.
Parcel Number: 095719100058-R1519002 Legal: SUB EXEMPT SE -607, BEING PART NE4 SECTION 19,
T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Location: South of and adjacent to CR 56; approximately 0.5 miles east of CR 13.
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.
Captain Alan M. Digitally signed by Captain Alan
M. Caldwell
Signature Caldwell Date: 2021.12.17 15:24:11 -07'00' Date
Agency WCSO
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
MEMORANDUM
TO: Angela Snyder DATE: December 6, 2021
FROM: Diana Aungst
SUBJECT: COZ21-0010, R. H. Amen Farms, LLC
PROJECT:
Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District
PARCELs: 095719100009, 095719100005, and 095719400010
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)
DEVELOPMENT STANDARDS:
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 -1495F effective date September 17, 2020 (Big Thompson 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 but 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
December 6, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: R.H. Amen Farms, LLC Case Number: COZ21-0010
Please Reply By: January 3, 2022 Planner: Angela Snyder
Project: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone
District.
Parcel Number: 095719100059-R1519102 Legal: NE4 & N2SE4 AND ALSO PART NW4 SECTION 19,
T5N, R67W of the 6th P.M., Weld County, Colorado.
Parcel Number: 095719100058-R1519002 Legal: SUB EXEMPT SE -607, BEING PART NE4 SECTION 19,
T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Location: South of and adjacent to CR 56; approximately 0.5 miles east of CR 13.
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.
Signature Jake Hebert, PE Date 12/16/2021
Agency Little Thompson Water District
All requirements for water service are outlined in the commitment letter that was issued to the applicant.
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
Submit by Email
Weld County Referral
December 6, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: R.H. Amen Farms, LLC Case Number: COZ21-0010
Please Reply By: January 3, 2022
Planner: Angela Snyder
Project: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone
District.
Parcel Number: 095719100059-R1519102 Legal: NE4 & N2SE4 AND ALSO PART NW4 SECTION 19,
T5N, R67W of the 6th P.M., Weld County, Colorado.
Parcel Number: 095719100058-R1519002 Legal: SUB EXEMPT SE -607, BEING PART NE4 SECTION 19,
T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Location: South of and adjacent to CR 56; approximately 0.5 miles east of CR 13.
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.
Signature
Agency Front Range Fire Rescue
Date 12-10-2021
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
FRONT RANGE FIRE RESCUE
PO Box 130, Milliken, CO 80543
970-587-4464 / Fax: 970-587-0324
Courage * Compassion * Professionalism
Serving Johnstown, Milliken and Weld County for more than 100 years
PLAN REVIEW COMMENTS
Applicant: AGPROfessionals (Represented by Shannon Toomey)
Project: Change of Zoning : COZ21-0010, COZ21-0011, COZ21-0012
Application Date: 12/06/2021
Comment Date: 12/10/2021
Comments By: Tyler Drage, Deputy Chief/Fire Marshal
These comments pertain to three (3) individual applications for change of zoning; however,
all applications are being made by the same Applicant and the impacted properties are
contiguous with each other. As a result, Front Range Fire Rescue is providing the same
comments for all applications: COZ21-0010, COZ21-0011, and COZ21-0012. The Weld
County Board of Commissioners have granted Front Range Fire Rescue with the consent to
enforce the amended 2018 International Fire Code (IFC), which was applied to this review.
Each application indicates a proposed change of zoning from Agriculture (A) to Heavy
Industrial (I-3). All properties are generally located at the SW corner of Weld County Road
56 and Weld County Road 15.
CAZ21-0010 property is approx. 145 acres
CAZ21-0011 property is approx. 9.47 acres
COZ21-0012 property is approx. 13.21 acres
The properties that comprise CAZ21-0011 and CAZ21-0012 are both currently being used
for commercial operations, including truck parking, construction company, and a rail
transload operation.
FRONT RANGE FIRE RESCUE APPROVES OF THE CHANGE OF
ZONING. ANY SUBSEQUENT SITE PLANS OR BUILDING
CONSTRUCTION REQUIRES PRIOR REVIEW AND PERMITTING
BY THE FIRE DISTRICT.
PERMITS AND PLAN REVIEW FEES
FRFR reviews plans for all proposed new building construction, as well as for the installation
of all -new fire protection systems (e.g., fire sprinkler, fire alarm, emergency responder radio
coverage, etc.). FRFR assesses plan review and permit fees based on the stated valuation
for each project. An invoice for the building construction plan review fees has been
provided to the Applicant.
FRFR Review Comments: COZ21-0010, COZ21-0011, COZ21-0012
State of Colorado Fire inspector !11/Plans Examiner cert # 1 3 63 022 70
ICC Certified Fire Marshal/ Fire Codes Specialist, cent it 5303856
Page 1
FRONT RANGE FIRE RESCUE
PO Box 130, Milliken, CO 80543
970-587-4464 / Fax: 970-587-0324
Courage * Compassion * Professionalism
Serving Johnstown, Milliken and Weld County for more than 100 years
COMMENTS/CONDITIONS RE. PROVIDED PLANS:
Planning Questionnaire Page 4, Question 9 indicates that a Site Plan Review (SPR) or Use
by Special Review (USR) permitting process will follow if the applications for change of
zoning are approved. Front Range Fire Rescue shall be included in all future SPR or USR
processes associated with these subject properties. Fire District approval and permitting is
required for any new construction or hazardous operations.
NOTE: There are two large above -ground fuel tanks currently in place at 6648 WCR
56. These tanks are not currently permitted for use and shall remain empty and not
used until they are appropriately permitted by the Fire District.
WATER SUPPLY AND FIRE SERVICE ACCESS
Water Supply: Based on future development and/or activities associated with the site, the
Owner may need to installed additional fire hydrants on the property.
Information has not yet been provided regarding any proposed future buildings or
potential for other material to be transloaded or used on the property. However,
there is limited water supply to the area and the only fire hydrants currently in
place are in close proximity to the existing commercial buildings at 6646 and 6648
WCR 56.
Fire Service Access: Access to any commercial buildings or hazardous operations shall
comply with the amended and approved 2018 IFC.
Any future building construction must be approved and permitted by the fire
district prior to construction. Additionally, any transloading operations of
hazardous materials must be approved by FRFR prior to commencement of
transloading operations. All plans may be submitted electronically to PlansOfrfr.co.
FRFR Review Comments: COZ21-0010, COZ21-0011, COZ21-0012
State of -Colorado Fire Inspectorlll/Plans Examiner cart # 136302270
ICC Certified Fire Marshal / Fire Codes Specialist, cert # 5303856
Page 2
From: Scott Ballstadt
To: Angela Snyder; Carlin Malone; planningtechs; Kim Meyer
Subject: RE: Referral Agency Email
Date: Monday, December 6, 2021 10:40:36 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.
Hi Angela,
This property is located outside Windsor's Growth Management Area, but within Johnstown's GMA.
This is a large amount of heavy industrial zoning in close proximity to Weld County residential
subdivisions. While the application refers to proximity to US 34, the intersection of WCR 15 and US
34 is currently uncontrolled, therefore, the industrial traffic generated by this proposal will likely use
WCR 13 and WCR 17 for access to traffic signals. Commuter traffic on WCRs 13 and 17 currently
backs up regularly at the US 34 intersections and the addition of industrial traffic at these
intersections should be studied in depth. CDOT is currently studying potential future improvements
to the WCR 17 intersection and should receive a referral regarding this proposal.
Thanks, Scott
Scott Ballstadt, AICP
Director
Town of Windsor Planning
301 Walnut Street i Windsor, CO 80550
Dir: r: 970-674-2411 Off: 970-674-2400
www.windsorgov.com
From: noreply@weldgov.com <noreply@weldgov.com>
Sent: Monday, December 6, 2021 10:14 AM
To: Scott Ballstadt <sballstadt@windsorgov.com>; Carlin Malone <cmalone@windsorgov.com>;
planningtechs <planningtechs@windsorgov.com>
Subject: Referral Agency Email
The Weld County Planning Department has received a Change of Zone application, case # COZ21-
0010, in which your agency may have an interest. Planning staff requests you review the application
materials, and return the Referral Form to Angela Snyder 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# COZ21-0010, 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: Angela Snyder at 970-400-6100
Thank you,
Angela Snyder
1555 N 17th Ave
Greeley, CO 80631
970-400-6100
asnyder@weldgov.com
Submit by Email
Weld County Referral
December 6, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: R.H. Amen Farms, LLC Case Number: COZ21-0010
Please Reply By: January 3, 2022 Planner: Angela Snyder
Project: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone
District.
Parcel Number: 095719100059-R1519102 Legal: NE4 & N2SE4 AND ALSO PART NW4 SECTION 19,
T5N, R67W of the 6th P.M., Weld County, Colorado.
Parcel Number: 095719100058-R1519002 Legal: SUB EXEMPT SE -607, BEING PART NE4 SECTION 19,
T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Location: South of and adjacent to CR 56; approximately 0.5 miles east of CR 13.
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.
Signature Michael Whitley Date 12/16/2021
Agency Larimer County Planning Department
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-400-6100 (970)-304-6498 fax
COLORADO
Division of Water Resources
Department of Natural Resources
December 15, 2021
Angela Snyder
Weld County Department of Planning Services
Transmission via email: asnyder@weldgov.com
Re: Change of Zone for R.H. Amen Farms, LLC
Case No. COZ21-0010
Pt. NE 1/4 of Section 19, T5N, R67W, 6th P.M.
Water Division 1, Water District 4
Dear Ms. Snyder,
We have reviewed the above referenced proposal for a Change of Zone. The submitted
material does not appear to 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. The comments will not address the adequacy of the water supply plan for
this property or the ability of the water supply plan to satisfy any County regulations or
requirements.
The subject application seeks to rezone a 145 -acre tract currently zoned as A (Agriculture)
Zone District. The application seeks to rezone the parcel to an 1-3 (Heavy Industrial) Zone District.
The application materials suggest that the tract will be split into three parcels, each greater than 35
acres in size, by deed process. The application does not propose a specific future use for the subject
property, but states that the site's proximity to existing 1-3 zoned lands, railroads, a transloading
facility, and U.S. Highway 34 makes the property suitable for Heavy Industrial uses. The site is
currently used for agricultural purposes.
The proposed source of water supply is the Little Thompson Water District. The application
materials include a commitment letter, dated October 20, 2021, for three non-residential taps for
the subject property, subject to the limitations identified in the letter. The commitment letter states
that a "cash -in -lieu" fee will not be available for the subject development, therefore the applicant
will be required to dedicate water rights to meet the minimum projected needs of the proposed
development. The requested %s -inch non-residential taps may not be appropriately sized for the
potential heavy industrial uses at the subject properties. Larger taps may be required based on the
projected water use. 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 the date of expiration.
The Hill Et Brush Ditch and the Big Thompson River run through the southern portion of the
subject property. According to records available to this office, the property has been historically
irrigated with water from the Farmers Irrigation Canal, which is located to the north of the property.
If the property will continue to be irrigated, the Farmers Irrigation Canal is an acceptable source of
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R.H. Amen Farms Rezoning December 15, 2021
Case No. COZ21-0010 Page 2 of 2
irrigation water provided that the applicant has shares or rights that entitle them to the use of water
from the ditch.
Based on a review of the records available to this office, the subject property contains three
existing wells constructed under monitoring hole notice nos. 47667-MH, 47668-MH, and 47670-MH, all
of which were constructed in 2008. The wells constructed under monitoring hole notices nos.
47667-MH, 47668-MH, and 47670-MH were required to be plugged within one year after construction
unless well permits were obtained from this office. Therefore, the applicant must either properly
plug and abandon the wells as verified by completed Abandonment Reports (GWS-09) submitted to
this office, or obtain valid monitoring well permits for each of the wells.
With municipal water from the Little Thompson Water District as the source of water supply,
this office has no concerns regarding the proposed Change of Zone. Should you or the applicant have
any questions regarding this matter, please contact Javier Vargas -Johnson at this office at
303-866-3581 ext. 8227 or javier.vargasjohnson@state.co.us.
Sincerely,
Sarah Brucker, P.E.
Water Resources Engineer
Cc: Owner (R.H. Amen Farms, LLC, mwailes@mdwailes.com and dave@coldcreekbuffalo.com)
Agent (AGPROfessionals, stoomey@agpros.com)
Referral file no. 29010
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