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Home My WebLink About20220825.tiffMEMORANDUM TO: Chris Gathman, Planning Services FROM: Melissa J King, PE, DRE DATE: January 6, 2022 SUBJECT: COZ21-0011 J&K Investments, 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: 095719100064 (Lot A of RECX15-0078) 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 095719100064 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 parcel to the west (i.e. 095719100065) and the parcel to the north (i.e. 095719100009). 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). 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 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.weldqov.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 56 counted 188 vpd with 31% trucks. The 85th percentile speed is 37 mph. This parcel is part of USR15-0040. The traffic information submitted with the original USR application materials states that there will be approximately 20 truck daily roundtrips and 26 employee passenger vehicle daily roundtrips. The travel route was expected to be CR 56 to CR 13 to Highway 34. Sec. 23-2-50.E.8. and Sec. 23-2-40.B.4. require that the road (i.e. CR 56) providing access to the property is 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 road, and the existing condition of the road, Development Review has determined that 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 will 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 the updated access permit for acceptable access type and existing access location onto County Road 56. (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 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) 2. Show and label the approved access location onto CR 56, approved access width, and the appropriate turning radii (65') on the plat. The applicant must obtain the updated access permit as a Condition of Approval. (Development Review) 3. 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: Chris Gathman Lauren Light, Environmental Health Services December 9, 2021 COZ21-0011 Applicant: J & K Investments, 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 served by Little Thompson Water District and an on -site wastewater treatment system sized for an office with 6 employees. (SP -1600010) The parcel currently is permitted under USR15-0040 for a trucking and construction business, along with transloading of flyash. 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. Health Administration Vital Records Icic: 9/U 304 6410 Fax: 9/0-301-64 I'2 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 9,10-304-64 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 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: J & K Investments, LLC Case Number: COZ21-0011 Please Reply By: January 3, 2022 Planner: Chris Gathman Project: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District Parcel Number: 095719100064-R8945535 Legal: LOT A REC EXEMPT RECX15-0078, PART NE4 SECTION 19, TSN, R67W of the 6th P.M., Weld County, Colorado. Location: Approximately 500 -feet south of CR 56 and approximately 1,800 -feet west of CR 15. 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. n 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 ire 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: COZZ1-0010, COZ21-0011, COZ21-0012 State of Colorado Fire Inspector 111/Plans Examiner cert # 136302270 ICC Certified Fire Marshal / Fire Codes Specialist, cent # 5303856 Page 1 FRONT RANGE FIRE RESCUE PO Box 130, Milliken, CO 8O543 97O-587-4464 / Fax: 970-587-O324 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 he 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 2O18 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 Plans@frfr.co. FRFR Review Comments: COZ21-0010, COZ21-0011, COZ21-0012 Page 2 State of Colorado Fire Inspector I!1/Plans Examiner cart # 136302270 ICC Certified Fire Marshal/ Fire Codes Specialist, cart # 5303856 From: Scott Ballstadt To: Chris Gathman; Carlin Malone; planningtechs; Kim Meyer Subject: COZ21-0011 Date: Monday, December 6, 2021 2:34:30 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, 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 1:31 PM 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- 0011, 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# COZ21-0011, 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 cgathman@weldgov.com Hello