HomeMy WebLinkAbout20222911.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Melissa J King, PE, DRE
DATE: July 28, 2022
SUBJECT: COZ22-0009 Fusaro
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: 1469002000002 Lot B RE -85.
The project proposes to: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
ACCESS:
Weld County Development Review has reviewed the application materials related to access.
The parcel has an existing access onto State Highway 52. While this portion of State Highway 52 has been
annexed into the Town of Fort Lupton, the Colorado Department of Transportation (COOT) has jurisdiction
over all accesses to state highways. Please contact Mr. Tim Bilobran at the Greeley office (970-350-2163)
to verify the access permit or for any additional requirements that may be needed. (State Highway 52)
The parcel is bound to the east by CR 23. There are currently two oil and gas access points onto CR 23.
The most southern one is permitted as AP17-00330. Access permitting shall be required.
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:
The property is bounded by State Highway 52. Contact the Colorado Department of Transportation (COOT)
to determine what right-of-way shall be shown on the submitted plat. Reference the documents creating
the right-of-way. Please contact Mr. Tim Bilobran at the Greeley office, phone number: 970-350-2163.
This portion of State Highway 52 is included in the 2021 Access Control Plan Report for State Highway 52.
Please review the Report to ensure you are in compliance with the requirements.
County Road 23 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a collector road, which requires 80 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.
Both State Highway 52 and County Road 23 have been found to be adequate in functional classification,
width and structural capacity to meet the traffic requirements of the proposed zone.
CONDITIONS OF APPROVAL:
The plat shall be amended to delineate the following
1. County Road 23 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a collector road, which requires 80 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 the Colorado Department of Transportation (COOT) right-of-way on the plat along with the
documents creating the right-of-way. (Development Review)
3. Show the approved Colorado Department of Transportation (COOT) access point on the plat and
label with the approved access permit number if applicable. (Development Review)
4. Show and label the access points onto CR 23 and the usage types. Development Review will
review access locations as part of the plat submittal. (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. Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way. (Development Review)
4. 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)
5. The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
cauN`rY =,
Weld County
Department of Public Health and Environment
Memorandum
To: Diana Aungst
From: Lauren Light, Environmental Health Services
Date: July 29, 2022
Re: COZ22-0009 Applicant: Fusaro LLC
Environmental Health Services has reviewed this proposal for a Change of Zone from the A
(Agricultural) Zone District to the C-3 (Business Commercial) Zone District.
The property contains an outbuilding, new construction will be served by a commercial well and an
on -site wastewater treatment system.
We recommend the following appear as notes on the plat:
1. Water service may be obtained from an appropriately permitted well.
2. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by an on -site wastewater treatment system designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division, and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system.
3. Activity or use on the surface of the ground over any part of the OWTS must be restricted to
that which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or capability
of the component to function as designed.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland, that the
Commission. Be it resolved by
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
following resolution be introduced for passage by the Weld County Planning
the Weld County Planning Commission that the application for:
COZ22-0009
FUSARO, LLC
DIANA AUNGST
CHANGE OF ZONE FROM THE A (AGRICULTURAL)ZONE DISTRICTTO THE C-3
(BUSINESS COMMERCIAL) ZONE DISTRICT.
LOT B OF RE -85; BEING PART OF THE N2SE4 SECTION 2, -PIN, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO HWY 52; WEST OF AND ADJACENT TO CR
23.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of
the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows:
A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-4-10.A.1, the Comprehensive Plan Map section, refers to one of the two main
components for siting preference of rezonings and subdivisions. Specifically, that areas of
opportunity for commercial and industrial development are logically developed based on
transportation infrastructure of roads and railroads.
A dependable transportation corridor allows businesses to receive and transport goods in an
efficient manner which allows companies to lower transportation costs and increase
productivity and profits. The site is adjacent to State Highway 52 which is a dependable
transportation corridor and by rezoning the property to C-3 (Business Commercial), a larger
variety of anticipated future uses may benefit from the nearby Highway.
Section 22-4-10.B.1, being the Weld County Opportunity Zone criteria, states that zone
changes to commercial and industrial are preferred in select areas of the County. Specifically,
within one-half mile of US highways.
This property is located within the one-half mile buffer surrounding State Highway 52,
therefore, is classified as being located within a Weld County Opportunity Zone. As such, the
Comprehensive Plan supports a zone change in this area.
B. 23-2-30.A.2. — The uses which would be allowed on the subject property by granting the Change
of Zone will be compatible with the surrounding land uses.
The surrounding land uses are a mix of agricultural, oil and gas, rural residential, and commercial
and industrial uses. The majority of the adjacent surrounding properties are zoned A
(Agricultural) with one property zoned C-3 (Business Commercial) and this property is owned by
Elevated Excavating (the buyer of the subject property).
The Use by Special Review permits within one (1) mile of the site include, USR19-0034 for semi -
truck parking, USR-671 for farm equipment repair located east of the site. USR-695 and
AMUSR-1259 for mining operations are located east and southeast of the site. USR-1608 and
MUSR14-0020 for concrete batch plants are located southeast of the site. U SR -401 for oil tanks
and trucking facility is located northwest of the site and 1MUSR18-89-870 for an agricultural
service establishment is located northeast of the site.
There is one (1) Site Plan Review just east of the site, SPR12-0005. This site is owned by
Elevated Excavating (the buyer of the subject property).
RESOLUTION COZ22-0009
FUSARO, LLC
PAGE 2
The City of Fort Lupton has annexed and zoned about ninety-six (96) acres north of and adjacent
to State Highway 52 (north of the site). The City zoning districts include about thirty (30) acres of
AG (Agricultural), 1.17 acres of C-2 (Heavy Commercial) and 65 acres of PUD (Planned Unit
Development). The PUD includes: C-1 (General Commercial), C-2 (Heavy Commercial), R -O
(Residential and Office), and AG (Agricultural). This City of Fort Lupton PUD was previously
permitted by Weld County as a construction office and shop via USR-1375.
The Department of Planning Services sent notice to fourteen (14) surrounding property owners
within 500 -feet of the subject parcel. One letter was received on September 26, 2022, stating that
the land should remain agricultural. The letter also states that they do not agree with the Change
of Zone and they do not know what kind of business will be established on the site.
The site is located within the three (3) mile referral area for the Cities of Fort Lupton and Dacono
and the Town of Frederick. The City of Dacono's and the Town of Frederick's referral agency
comments dated July 20, 2022, and July 21, 2022, respectively indicated no concerns. The City
of Fort Lupton did not return referral agency comments.
The subject site is located within the City of Fort Lupton's Coordinated Planning Agreement
(CPA) boundary. As part of the pre -application process the City was sent a Notice of Inquiry
(NOI). The City returned the NOI form dated June 6, 2022, that stated, "The City is interested in
annexation of the property; however, the property owner's representatives have indicated that
the property owner is not interested in annexation at this time but would look at annexation in the
future. The City will review any referral provided concerning this property for land use application
submitted to Weld County for review and provide comments at that time."
This area is designated as "Commercial Transition" and "Agriculture and Rural Residential" on
the City of Fort Lupton's Future Land Use Map adopted May of 2018. The "Commercial
Transition" designation identifies potential growth areas for commercial development outside the
municipal boundaries or primary commercial districts of Fort Lupton. These areas should support
gradual, long-term commercial investment outward from the City's urban core, including
incremental transitioning of agricultural uses to commercial development.
The "Agriculture & Rural Residential" designation allows for agricultural and related uses as well
as low density residential on the periphery of the planning area, intended to preserve a generally
rural character. This also includes a variety of miscellaneous uses, such as isolated industrial
businesses and semi -rural properties located under Estate Zoning. Given the availability of viable
land for development in more appropriate districts, commercial or residential investment within
agricultural areas should be discouraged. This will help limit unnecessary loss of agricultural
lands and reduce the potential of suburban sprawl.
Future commercial uses will have to be approved through a Site Plan Review or Use by
Special Review process. Site Plan Review and Use by Special Review applications are sent to
referral agencies and surrounding property owner for comments. The Conditions of Approval
and Development Standards applied to both this Change of Zone and any future Site Plan
Reviews or Use by Special Review permits will adequately address and mitigate potential
impacts. Based on the existing uses in the vicinity, a Change of Zone to C-3 (Business
Commercial) is compatible with the surrounding land uses.
C. 23-2-30.A.3. — That adequate water and sewer service can be made available to the site to serve
the uses permitted within the proposed zone district.
The COZ application materials included a copy of an approved industrial, irrigation and
commercial water well permit #87088-F issued on June 14, 2022.
A new septic system is proposed for the new building.
RESOLUTION COZ22-0009
FUSARO, LLC
PAGE 3
D. Section 23-2-30.A.4. — Street or highway facilities providing access to the property are adequate
in size to meet the requirements of the proposed zone districts.
The site is south of and adjacent to State Highway 52 which provides opportunities for
commercial and industrial uses due to efficient access to a regional transportation corridor. The
site has an existing access onto State Highway 52 that is shown on the State Highway 52
Access Control Plan (ACP) as restricted access changing from full access.
This portion of State Highway 52 has been annexed into the City of Fort Lupton, but the Colorado
Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
CDOT submitted an email dated, June 14, 2022, that stated that the access will be required to
correlate with the access defined by the State Highway 52 Access Control Plan and a traffic
impact study completed by a licensed traffic engineer must be submitted to CDOT for review and
approval. CDOT also stated that any access along State Highway 52 will require a new access
permit application. This includes traffic increases by 20% or greater at city street and county road
intersections along State Highway 52.
Additionally, the site is west of and adjacent to County Road 23, which is classified as a collector
road on the Weld County Functional Classification Map. There are currently two oil and gas
access points onto County Road 23. The most southern one is permitted as AP17-00330.
The subject property is identified as 'a portion of Lot B' of RE -85 which was recorded on
October 19, 1973, under reception no. 1623319. The subject property was divided along the
ditch boundary and a portion of Lot B was conveyed to the property owner on the west side of
the ditch. This was an illegal division of land and in order to create a legal lot the applicant is
required to vacate Lot B of RE -85. This vacation request is a Condition of Approval.
E. Section 23-2-30.A.5. — In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable standards:
1) Section 23-2-30.A.5.a. — If the proposed Change of Zone is located within any Overlay
District identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Districts.
Compliance may be demonstrated in a previous public hearing or in the hearing concerning
the rezoning application.
The proposed Change of Zone (COZ) site is not within any overlay district officially
adopted by the County, including A -P (Airport) Overlay District, 1-25 Overlay District,
Geologic Hazard Overlay District, Municipal Separate Storm Sewer System area (MS4),
Special Flood Hazard Area, Historic Townsites Overlay District, or Agricultural Heritage
Overlay District.
2) Section 23-2-30.A.5.b. - That the proposed rezoning will not permit the use of any area
known to contain a commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor to any greater extent than under
the present zoning of the property.
The Geologic Hazards and Mineral Extraction Report from Earth Engineering
Consultants, LLC., dated June 30, 2022, submitted in the application materials, indicates
that no significant sand and gravel deposits are expected on the subject property.
3) Section 23-2-30.A.5.c. - If soil conditions on the site are such that they present
moderate or severe limitations to the construction of structures or facilities proposed for
the site, that such limitations can be overcome and that the limitations will be
addressed by the applicant and/or the applicant's successors or assigns prior to the
development of the property.
RESOLUTION COZ22-0009
FUSARO, LLC
PAGE 4
The Natural Resources Conservation Services (NRCS) Soil Survey, dated May 5, 2022,
submitted with the application, indicates that the property contains low slope (1-3%)
Olney fine sandy loam soils and that this type of soil does not limit the construction of
dwellings or small commercial buildings. This soil type is classified as ""Prime Farmland
if Irrigated (Soils Erodibility)" and is considered well -drained soil.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
THE CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3
(COMMERCIAL BUSINESS) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the plat:
A. The applicant shall submit a letter requesting vacation of Recorded Exemption of RE -85.
(Department of Planning Services)
B. The applicant shall submit a complete Site Plan Review (SPR) application and related fee
within thirty (30) days of the COZ22-0009 being approved by the Board of County
Commissioners. (Department of Planning Services)
C. The applicant shall provide to the Weld County Department of Planning Services a copy of
the access permit issued by the Colorado Department of Transportation (CDOT).
(Department of Planning Services)
D. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT) as stated in an email dated June 14, 2022. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
E. The applicant shall acknowledge the referral comments from the Fort Lupton Fire Protection
District, dated August 12, 2022. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
F. The applicant shall acknowledge the referral comments from The New Brantner Extension
Ditch Company, dated August 1, 2022. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
G. The applicant shall acknowledge the referral comments from United Power, Inc., dated
August 12, 2022. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
H. The applicant shall acknowledge the referral comments from the Weld County Oil and Gas
Energy Department, as stated in the referral response dated August 22, 2022. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
I. The Change of Zone plat shall delineate the following:
1. All sheets of the plat shall be labeled COZ22-0009. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of
Planning Services)
3. All recorded easements and rights -of -way shall be delineated on the plat by book and
page number or reception number. (Department of Planning Services)
RESOLUTION COZ22-0009
FUSARO, LLC
PAGE 5
4. County Road 23 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 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)
5. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along
with the documents creating the right-of-way. (Development Review)
6. Show the approved Colorado Department of Transportation (CDOT) access point on the
plat and label with the approved access permit number if applicable. (Development
Review)
7. Show and label the access points onto CR 23 and the usage types. Development
Review will review access locations as part of the plat submittal. (Development Review)
2. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ22-0009, allows for C-3 (Business Commercial) Zone District uses
which shall comply with the requirements set forth in Chapter 23, Article III, Division 3 of the
Weld County Code. (Department of Planning Services)
2) Any future structures or uses on site may be required to obtain approval through a Site Plan
Review or Use by Special Review and the appropriate zoning and building permits.
(Department of Planning Services)
3) The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Planning Services)
4) 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)
5) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
6) Weld County will not replace overlapping easements located within existing right-of-way or
pay to relocate existing utilities within the existing County right-of-way. (Development
Review)
7) 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)
8) The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
9) Water service may be obtained from an appropriately permitted well. (Department of Public
Health and Environment)
RESOLUTION COZ22-0009
FUSARO, LLC
PAGE 6
10) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by an on -site wastewater treatment system designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division, and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Department of Public Health and Environment)
11) 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. (Department of Public Health and
Environment)
12) Building permits may be required, for any new construction or set up manufactured structure,
per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently the
following has been adopted by Weld County: 2018 International Building Codes; 2018
International Energy Code; 2020 National Electrical Code; and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must
be submitted for review. A Geotechnical Engineering Report, performed by a Colorado
registered engineer, shall be required or an Open Hole Inspection. A building permit must be
issued prior to the start of construction. (Department of Building Inspection)
13) Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage
Impact Fee Programs. (Department of Planning Services)
14) Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
15) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural
gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources
because (a) the State's commercial mineral deposits are essential to the State's economy;
(b) the populous counties of the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated to avoid waste of such
deposits and cause the least practicable disruption of the ecology and quality of life of the
citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into
these areas must recognize the various impacts associated with this development. Often
times, mineral resource sites are fixed to their geographical and geophysical locations.
Moreover, these resources are protected property rights and mineral owners should be
afforded the opportunity to extract the mineral resource.
3. Upon completion of Conditions of Approval 1. And 2. above, the applicant shall submit one (1)
electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The
plat shall be prepared in accordance with the requirements of Section 23-2-50.C. and D. of the
Weld County Code. The Mylar plat and additional requirements shall be submitted within one -
hundred -twenty (120) days from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee.
RESOLUTION COZ22-0009
FUSARO, LLC
PAGE 7
4. If a plat has not been recorded within one hundred twenty (120) days of the date of the approval
of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners,
the Board may require the landowner to appear before it and present evidence substantiating
that the COZ has not been abandoned and that the applicant possesses the willingness and
ability to record the plat. The Board of County Commissioners may extend the date for recording
the plat. If the Board determines that conditions supporting the original approval of the COZ
cannot be met, the Board may, after a public hearing, revoke the COZ.
5. In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone plat not
be recorded within the specified timeline from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month
period.
6. Any approved amendments to the Official Zoning Map shall be effective immediately upon
approval by the Board of County Commissioners unless otherwise specified by the approving
resolution of the Board of County Commissioners. However, no building permit shall be issued,
and no use shall commence on the property until the plat is recorded.
Motion seconded by Shana Morgan.
VOTE:
For Passage
Elijah Hatch
Skip Holland
Sam Gluck
Michael Wailes
Michael Palizzi
Shana Morgan
Against Passage Absent
Butch White
Pamela Edens
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 4, 2022.
Dated the 4th day of October, 2022
Michelle Wall
Secretary
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: COZ22-0009
Associated Parcel: 146902000002-R5853686
OGED Reviewer: Jennifer Teeters
Review Date: August 22, 2022
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There is an active WOGLA Permit on the associated parcel permitted as WOGLA17-0039.
There are several oil and gas well sites in the area surrounding the parcel.
2. The parcel includes seven (7) active oil and gas wells, listed in Table 1 below. OGED requests
that the Applicant coordinate operations in proximity to existing wells and production
facilities with the operator(s) of these wells.
API
Operator
Well Title
Well Status
05-123-09097
KP Kauffman Company Inc
Alex H Miller#2
PR
05-123-45460
Kerr McGee Oil & Gas Onshore LP
Speak Fed #32C-5HZ
PR
05-123-45459
Kerr McGee Oil & Gas Onshore LP
Speak Fed #32N-5HZ
PR
05-123-45461
Kerr McGee Oil & Gas Onshore LP
Speak Fed #32N2-5HZ
PR
05-123-45464
Kerr McGee Oil & Gas Onshore LP
Speak Fed #12C-5HZ
PR
05-123-45463
Kerr McGee Oil & Gas Onshore LP
Speak Fed #33N-5HZ
PR
05-123-45462
Kerr McGee Oil & Gas Onshore LP
Speak Fed #33N2-5HZ
PR
3. The parcel does not include plugged and abandoned (PA) wells.
4. The COZ lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials
submitted by the applicant and other relevant information available on the E -Permit site.
Submit by Email
Weld County Referral
July 20, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant: Fusaro LLC Case Number: COZ22-0009
Please Reply By: August 17, 2022 Planner: Diana Aungst
Project: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial)
Zone District.
Parcel Number: 146902000002-R5853686 Legal: Lot B of RE -85 being part of N2SE4 of Section 2,
T1 N, R67W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to HWY 52 and west of and adjacent to CR 23
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 Date 08-12-2022
Agency Fort Lupton Fire
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
- FIRE -,Y
MOTH VICIN DISYE{IUAr*IM
Date: 08-12-2022
Project name: COZ22-0009
Project address: Parcel: 146902000002, Fort Lupton, Co 80621
FLFPD Project # R2022-042
Plan reviewer: Randall Cleveland, Fire Prevention Officer
The Fire District has reviewed the referral submittal for COZ22-0009 located at HWY 52 and CR
23, Fort Lupton, CO 80621. The submittal was reviewed for compliance with 2018 international
Fire Code (IFC) and National Fire Protection Association (NFPA) standards as adopted by the
Fort Lupton Fire Protection District and the City Council of Fort Lupton, and Weld County
Commissioners. The following specific and general requirements and conditions shall be met.
Specific Requirements:
1. Any property owner or authorized agent who intends to conduct an operation or
business or install or modify systems and equipment which is regulated by this code, or
to cause any such work to be done, shall first make application to the fire code official
and obtain the required permit.
2. The Fort Lupton Fire Protection District only accepts construction documents and
supporting data be submitted (Electronically) with each application for a permit.
A Plan Review/Fire Permit Application must be completed at the time of submittal. All
applicable project review fees must be paid before the plan review will be completed.
NOTE: All project drawings must be reviewed, stamped and signed by a State of
Colorado licensed engineer, architect or NICET level III designer with a specialization in
fire protection.
A Fire Code Analysis Report will need to be provided by the designer. The Fire Code Analysis
Report must include the following information:
Page 1 of 3
• Total project square footage
• Total building square footage
• Building construction type, ie: (Type I -V)
• Occupancy classification
• Design code year
• Specific fire alarm or fire suppression systems information
• The minimum fire -flow and flow duration for buildings other than
one- and two-family dwellings, Group R-3 and R-4 buildings
and townhouses shall be as specified in Tables B105.2 and
B105.1(2).
The following items need to bc submitted electronically for thc plan review to bc completed:
- Completed and Signed FLFPD Application for Plan Review. Available at our websitc -
www.fortluptonfirc.org
- Unlocked stamp drawings to include, Civil and Construction Drawings.
- Unlocked Firc Safety System Shop Drawings to include firc alarm with data/cut sheets, fire
sprinkler with data/cut sheets, specialized project drawings with data/cut shccts, hazardous
materials with data/cut shccts, Kitchen Hood Firc Suppression Systems with data/cut sheets and
Mobile Food Vehicle with data/cut sheets.
Once the submitted documents/drawings and information is reviewed and accepted the
documents/drawings will be stamped by FLFPD and return to person submitting the project.
All submitted drawings must meet all the requirements listed in the 2018 International Fire Codes or the
current addition of the NFPA Standards.
Fire Department Access:
• 2018 International Fire Code, Chapter 5, Section 503 Fire Apparatus Access Roads
• 2018 International Firc Codc, Appendix D of Fire Apparatus Access Roads
NOTE: All "Imminent Travel Lanes" for all residential projects will need to be 26' that is unobstructed. All
"Imminent Travel Lanes" for all commercial projects will need to be 26' that is unobstructed.
Address Numerals:
• 2018 International Firc Codc, Chapter 5, Section 505 Premise Identification
• Address numerals shall bc visible from thc street fronting the property and posted with a
minimum of 4" numerals mounted on a contrasting background.
Security Key Box:
• 2018 International Firc Codc, Chapter 5, Section 506 Key Boxes
• A Sccurity Key Box (KNOXBOX) is required to be mounted on thc front of every new
commercial building. Application for Knox can be )(blind at https://nviv.knoxhox.conz/.
o- D1&T r.uI' ON
I,RCIL1' IVIN DISTE{IUI
NOTE: Large commercial properties may require more than one Security Key Box
Plan Review Package Checklist:
o Completed FLFPD Plan Review/Fire Permitting Application
o Pay all applicable plan review and permitting fees by check, or cash (We are unable to process
Credit Cards at this time)
o Fire Code Analysis
o Engineering Report, signed and stamped
o Site Plan drawing submittal, signed and stamped
o Architectural and Construction drawing submittal, signed and stamped
o Engineered drawings, signed, and stamped
o Fire Alarm shop drawings and data cut sheets, signed and stamped
o Fire Sprinkler shop drawings and data cut sheets, signed and stamped
o Underground fire line drawings and data cut sheets, signed and stamped. Copies of Division of
Fire Prevention and Control Fire Suppression and underground Fire Line
Contractor Registrations.
If you have any further questions, please contact Taw Tamlin, Fire Marshal at 303-857-4603.
Page 3 of 3
Submit by Email
Weld County Referral
July 20, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant: Fusaro LLC Case Number: COZ22-0009
Please Reply By: August 17, 2022 Planner: Diana Aungst
Project: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial)
Zone District.
Parcel Number: 146902000002-R5853686 Legal: Lot B of RE -85 being part of N2SE4 of Section 2,
T1 N, R67W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to HWY 52 and west of and adjacent to CR 23
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.
F -
Signature
Agency New Brantner Extension Ditch Co.
Date 8/12/22
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
THE NEW BRANTNER EXTENSION DITCH COMPANY
P.O. Box 739
Fort Lupton, CO 80621
August 12, 2022
Weld County Planning Department
Attn: Diana Aungst
1555 N 17th Ave
G ree ley, CO 80631
Re: Case #COZ22-0009 — Change of Zone from A to C-3
Dear Ms. Aungst,
The New Brantner Extension Ditch Company ("Company") appreciates the opportunity to review and
comment on the Zone change request. The Company operates a ditch for water delivery through this
site and holds a prescriptive easementright-of-waywhich was established in the late 1800s with the
creation of this ditch. It is imperative that any change in zoning does not allow for any construction or
obstruction of that easementright-of-waywhich is considered to be 80' wide: 30' from centerline on
the uphill side and 50' from centerline on the downhill side.
As long as this easement right-of-way is respected and no construction or obstruction occurs in that
area due to the request, we have no conflicts with this change of zoning request.
Sincerely,
As Secretary and on behalf of
The New Brantner Extension Ditch Company
720-219-6294
Fwd: Aurora Dry Up
From: Jewell, Dawn <dmjewell@auroragov.orq>
Date: Thu, Apr 7, 2022 at 5:52 PM
Subject: Aurora Dry Up
To: michael.dente@kw.com <michael.dente@kw.com>
Hi Michael,
Great to talk to you today. Here's that follow up email for your records. Aurora's dry up does not prevent you
from putting in and using a Non -Tributary well for use on your property. It only limits the use of any New
Brantner Extension Ditch Company water on the property.
As for the development of your site, I am confirming that No stormwater or tailwater drainage is permitted into
the Brantner Ditch. You'll need to work with the county on another option.
If you have any other questions or need any further clarification, don't hesitate to call or email me.
Dawn
Dawn M. Jewell
South Platte Basin Water Resources Manager I City of Aurora I Aurora Water
15151 E Alameda Parkway # 3600 I Aurora, CO 80012
Primary (cell) 720.219.6294 I office 303.739.7145 I fax 303.739.7604
Secretary I The New Brantner Extension Ditch Company I PO Box 739 I Fort Lupton, CO 80621
City offices are open and I am working in the office one to two days a week.
My hours are 8 - 5:30 and I am off every other Friday.
Submit by Email
Weld County Referral
July 20, 2022
The Weld County Department of Planning Services has received the following item for review:
Applicant: Fusaro LLC Case Number: COZ22-0009
Please Reply By: August 17, 2022 Planner: Diana Aungst
Project: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial)
Zone District.
Parcel Number: 146902000002-R5853686 Legal: Lot B of RE -85 being part of N2SE4 of Section 2,
T1 N, R67W of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to HWY 52 and west of and adjacent to CR 23
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.
F -
Signature V 61' L CJ ' Date August 12, 2022
Agency United Power, Inc.
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
aNITED
POWER
Your Touchstone Energy' Cooperative kt
August 12, 2022
Weld County Department of Planning Services
1555 North 17th Ave
Greeley CO 80631
Re: COZ22-0009- Fusaro LLC
To whom it may concern.
On behalf of United Power, Inc., thank you for inviting us to review and comment on the Fusaro LLC. United Power has
electrical distribution in the area that may or may not need to be upgraded depending on the requirements of the site,
in order to provide safe, reliable power to the area. United Power has no concerns or objection to the zone change;
contingent upon United Power's ability to maintain all existing rights, facilities/equipment, and existing easements.
This request should not hinder our ability for future expansion, including all present and any future accommodations
for electrical distribution.
Please note, the property owner/developer/contractor must submit an application along with CAD data for new
electric service via https://www.unitedpower.com/construction. United Power would like to work with these persons
early in the construction process on getting an electric design prepared so that we can request any additional
easements neededand hopefully have those easements dedicated on the plat rather than obtaining separate
instrument. Obtaining easements via a separate instrument can be time consuming and could cause delays.
As a Reminder: No permanent structures are acceptable within the dry utility easement(s); such as, window wells,
wingwalls, retaining walls, basement walls, roof overhang, anything affixed to the house like decks, etc. United Power
considers any structure that impedes the access, maintenance, and safety of our facilities a permanent structure. No
exceptions will be allowed, and any encroachments could result in penalties.
Service will be provided according to the rules, regulations, and policies in effect by United Power at the time service is
requested. We look forward to safely and efficiently providing reliable electric power and outstanding service.
Thank you,
Yarafucei. L garc a
Veronica L. Garcia
United Power, Inc.
Right of Way Agent III
O: 303-637-1344 I Email: platreferral@unitedpower.com
UNITED POWER, INC. 500 Cooperative Way • Brighton, CO 80603 303.659.0551 • 800.468.8809 • fax 303.659.2172 www.anitedpower.com
Diana Aungst
From: Young - CDOT, Allyson <allyson.young@state.co.us>
Sent: Tuesday, June 14, 2022 7:57 AM
To: Diana Aungst
Cc: Amanda Petzold; Bilobran - CDOT, Timothy; DAG; Ken Mitchell; Mike McRoberts;
allyson.mattson@state.co.us; gloria.hice-idler@state.co.us; zane@elevatedexcavating.com
Subject: Re: PRE22-0145 Fusaro
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.
Diana,
Access will be required to correlate with the access defined by the CO 52 Access Control Plan. A traffic impact study
completed by a licensed traffic engineer must be submitted to CDOT for review and approval. Any access along CO 52
will require a new access permit application. This includes traffic increases by 20% or greater at city street and county
road intersections along CO 52. The applicant should reach out to me, Ally Young, regarding CDOT
permitting requirements.
Thank you,
Ally
On Fri, Jun 10, 2022 at 8:43 AM Diana Aungst <daungst@weldgov.com>wrote:
Located just west of the intersection of CR 23 and HWY 52.
Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 720-439-5261„19333443# United States, Denver
Phone Conference ID: 193 334 43#
Find a local number I Reset PIN
Learn More I Meeting options
1
Thank you,
Allyson Young (Mattson)
Region 4
Access Manager, Outdoor Advertising Inspector - Traffic
COLORADO
Department of Transportation
P 970 350 2148 C 970 381 8995
10601 West 10th Street, Greeley, CO 80634
allyson.mattson[}state.co.us I http://codot.gov/ I www.cotrip.orq
2
Hello