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Home My WebLink About20210087.tiffMEMORANDUM TO: Maxwell Nader, Planning Services FROM: Za ckery Roberson, Public Works GATE: October 5, 2020 SUBJECT: COZ20-0007 WESTERN EQUIPMENT & TRUCK INC The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel(s): 1057114 Q0002 The project proposes to: Change of Zone from the A (Agricultural) Zone District to the I-2 (Medium Industrial) Zone District. ACCESS: Weld County Public Works has reviewed the application materials related to access. CDOT has plans to upgrade the intersection of county road 46 and US -85, this may impact the design of the access to the property. We strongly recommend that the applicant reach out to COOT and the Department of Public Works. As the future design of access(es) is subject to change. Below are the minimum spacing requirements for design site access onto the county -maintained roads. ACCESS Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet) Access Element Arterial (CR 35) Collector (CR 46) Local Distance between Signalized Unsignalized intersections 2,640 1,320 NIA 1,320 NIA 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. Please contact Tim Bilobran at the Greeley office (970-350-2163) to verify any additional requirements that may be needed. (State Highway US -85) 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. Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30 Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHT-OF-WAY: County Road 35 roadway classification is being reviewed by the BOCC. If a new classification is adapted prior to recording the COZ. An updated plat shall be required showing the correct road classification. This may also impact the minimum access spacing requirements if adopted. County Road 35 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 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 -gray line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 46 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2Q17-01) 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 The Colorado Department of Transportation (CDOT) has completed a US 85 Planning and Environmental Linkages (PEL) Study. The objective of the US 85 PEL Study is to develop a strategic vision for US 85 between I-76 and the Town of Nunn. Please review the US 85 PEL Study to ensure you are in compliance with the requirements. More information about this study can be accessed at: https://www.codot.gov/projectsius85pel. Per Chapter 3, Article 13, Section 3-13-30, 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.comidepartmentsipublic 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. CONDITIONS OF APPROVAL: R. The applicant shall address the concerns of the Public Works Referral relating to access location(s) and Rights -of -Way. (Department of Public Works) B. The plat shall be amended to delineate the following: 1. County Road 35 is a paved road and is designated on the Weld County Functional Classification Map (Cade Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label an 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 Cade Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 2. County Road 40 is a paved road and is designated an the Weld County Functional Classification Map (Cade Ordinance 2017-01) as a collector road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label an 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 Cade Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. (Department of Public Works) 3. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. (Department of Public Works) 4. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 5. Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. (Department of Public Works) G. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) ELL COUNTY DEPARTMENT of PUBLIC BLI+ HEALTH AND ENVIRONMENT ENT 1555 Forth 17th Aver- uo Greeley, CO 80631 www.weldhealthEor Memor To: From: Date: Fie: ndum Max Mader Lauren Light, Environmental Health Services October 6, 2020 CQZ2o-0007 Western Equipment & Trucking Inc Environmental Health Services has reviewed this proposal for a Change of Zone from the A (Agricultural) Zone District to the I-2 (Medium Industrial) Zone District. The site will be served by Central Weld County Water District and a commercial on -site wastewater treatment system. We recommend the following appear as notes on the plat: 1. Water service may be obtained from Central Weld County 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. . Activity or use on the surface of the ground over any part of the QwTs 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. 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 I cle: 9/0 304 6410 Hax: 970-301-6112 Public Health & Clinical Services I elc: 9/0 304 64'$� Fax: 910-301-61 16 Environmental Health Sorvices Tele: 970-;3014-641 Fax: 9,70-304-6411 Communication. Education & Planning T�Ie: 970-304-6470 Fax: 970-304-645`2 Emergency Preparedness & Response Tele: 970-304-6470 Fax; 970-304-6452 Public Health LAREl\NrNeE CUSTER GRASMICK JONES & DONOVAN, LIT ATTORNEYS AT LAW 5245 RONALD REAGAN BLVD., SUITE 1 JOHNSTOWN, COLORADO 80534 TELEPHONE: 970-622-8181 WWW.LCWATERLAW.CtlM ryanglcwutirla.w.c om Bradley C. Crasmick i Da-vid P. Janes # Ryan M. Donovan Wesley S. Knoll • sheena M. Moran (Of Counsel) October 13, 2020 VIA EMAIL ONLY to ninader taweldgov.com Mr. Maxwell Nader Weld County Planning Department 1555 N 17th Avenue Greeley, CO 80631 I: COZ20-0007; Comments on behalf of the Farmers Independent Ditch Company Dear Mr. Nader, I am writing with comments to the application by Western Equipment and Truck, Inc. (WETCO) in Case No. COZ20-0007 on behalf ofour client Farmers Independent Ditch Company ("FIDCO"). FIDCO's main canal farms the northern boundary of the property which is the subject of the proposed Change of Zone from Ag to I-2. FIDCO has an easement that encompasses that amount of land as is reasonably necessary on either side of the canal to access the canal for operations, maintenance, and repairs to the canal. FIDCO has recently had issues where property that bordered its canal was rezoned andl'or subdivided and fences were constructed within its ditch easement, which unlawfully limits FIDCO's ability to access its canal. Therefore, FIDCO requests that any approval of zone change include as a condition of approval that no permanent or semi -permanent structures, including fences, are constructed within the area that FIDCO reasonably requires to access its canal and that FIDCO's access to its canal not be limited in any way. Additionally, FIDCO requests that as a condition of approval of zone change, wETCO shall create positive drainage from the FIDCO canal so that surface precipitation drains away from the canal. This is requested because as more agricultural ground is developed for various industrial and commercial uses, there is an increase in non -pervious ground surfaces. Drainage from these surfaces during large precipitation events can cause water levels in the ditch to exceed its designed capacity, as well as pose water quality concerns. Thank you for your consideration of FIDCO's concerns and please do not hesitate to contact us if you have any questions. Sincerely, LAWRENCE CUSTER GRASMICK JONES DONOVAN LIT RVID:mt cc: FIDCO Board of Directors M s . Donna Coble, FIDCO Secretary Date: 2 020.10.13 22:17:48 -06`00' Adobe Acrobat version: 11.0.15 Ryan M. Donovan rik coot 4 Evans, Colorado 1100 37th Street • Evans, CO 80621 • (970) 475-1167 September 24, 2020 Mr. Torn Parka, Director Mr. Maxwell Nader, Planner 1555 North 17th Avenue Greeley, CO 80631 RE: COZ20-0007 Dear Mr. Parka and Mr. Nader, The City of Evans opposes the development occurring in unincorporated weld County. The applicant's representative did not meet with the City of Evans as is encouraged in the Cooperative Planning Agreement between weld County and the City of Evans. The City does have an approved Industrial Park with I-3 Zoning (Blue/Grey shaded parcel below) in close proximity to Parcel 1057-11-400002 (Red/Yellow outlined parcel below) which may have been a more appropriate location. If industrial zoning is really needed a Change of Zone to Industrial, I-2 is not consistent with the City's Future Land Use Map. The use proposed is consistent with the Commercial Zane District in Evans. The applicant's representative did not follow up and schedule a meeting with the City and applicant as requested, to discuss the land use process in the City of Evans. Had the applicant's representative done so, the applicant and their representative would have been told that the City is able to annex, zone and approve a land use permit concurrently in less than 6 months. The City isn't necessarily opposed to the development however, the urban -scale development should be occurring in the City of Evans. City of Evans • Planning and Community Development • (970) 475-1167 abjohnsan@evanscalorada.gav • Irichardsan@evanscalarada.gov rik coot 4 Evans, Colorado 1100 37th Street • Evans, CO 80621 • (970) 475-1167 Note that application materials are not correct and should be changed to be an accurate reflection of the property location. The road on the south of the property is labeled Weld County Road 45 and it is actually 'Veld County .Road 46. This is illustrated as WCR 45 on both the vicinity map and the site plan map. The City of Evans requests that the County encourage the applicant to discuss the benefits of annexation/zoning and development within the City of Evans. Should this not occur, the City of Evans would like to have a Condition of Approval to the Change of Zone be that the applicant enter into a pre -annexation agreement with the City. The intent of this .pre -annexation agreement would be that when approached by the City, the applicant will annex, zone and develop within the City. Sincerely, Anne Best Johnson, AICF, MBA Community Development Director City of Evans • Planning and Community Development • (970) 475-1167 abjohnson@evanscolorado.gov • Irichardson@evanscolorado.gov Maxwell Nader From: Michelle Wall Sent: Thursday, September 24, 2020 3:37 PM To: Maxwell fader Subject: FW: Baker Development - PR.E20-0129 CDOT Comments Follow Up Flag: Follow up Flag Status: Flagged diadie Weld County Planning Department 1555 North 17th Avenue Greeley CO 80631 Ph: 970,4003531 Fx: 970*304,6408 mwall@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bilobran - CDOT, Timothy Cimothy.bilobran@state.co.us> Sent: Thursday, September 24, 2020 3:35 PM To: Michelle wall <mwall@weldgay.com> Subject: Baker Development - PRE2O-01.29 CDOTComments Cautioh 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. Afternoon Michelle, know we normally don't comment for pre -applications or change -of -zones but for this one particular referral the Hwy 85 CDOT Engineering Residency wanted to make sure our comments were on the books. The proposed development is on a parcel of land identified in the US -85 PEL as necessary for future intersection improvements at US -85 and CRs .3.x/46. While the PEE recommendations are conceptual and subject to change, the applicant should be aware that their development may be impacted by intersection safety improvements in the future Thank your Tim 970-302-4022 Tim Bilobran Region 4 Permits Manager 0 970.350.21 63 I C 970.302..4022 I F 970.350.2198 timothy.bitobran@state.co,us I codot.gov I www.cotrip.org 10601 W. 10th Street, Greeley, CO 80634 2 Hello