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Home My WebLink About20211202.tiffMEMORANDUM TO: Michael Hall, Planning Services FROM: Melissa J King, PE, Public Works DATE: January 25, 2021 SUBJECT: COZ21-0001 Troyer 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): 130907400033 The project proposes to: Change of Zone from the A(Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District ACCESS: Weld County Public Works has reviewed the application materials related to access. The parcel has two unpermitted access points onto County Road 25 1/2 approximately 180 feet and 1,000 feet south of the intersection of CR 25 1/2 and CR 22 % . Both of these access points appear to meet the Minimum Spacing Criteria as specified in Table 1 below. Access permits shall be obtained. The parcel has a third access point in the northeast corner of the parcel onto Highway 85 right-of-way. 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 the access permit or for any additional requirements that may be needed. (State Highway 85) Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet Access Element Arterial Collector Local Distance between intersections Signalized Unsignalized 2,640 1,320 N/A 1,320 N/A 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 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, Public Works 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 22'/2 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. It is noted that CR 22 1/2 west of the intersection with CR 25 % is existing maintained right-of-way with no documentation. The right-of-way east of the intersection of CR 25 1/2 should be researched to determine its existence. County Road 25 1/2 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. It is noted that north of CR 22 '/z intersection, CR 25 '/z is unmaintained petition right-of-way. The property is bounded by State Highway 85. Contact the Colorado Department of Transportation (CDOT) to determine what right-of-way shall be shown on the submitted plat. Reference the documents creating the right-of-way. Please contact Tim Bilobran at the Greeley office, phone number: 970-350-2163. 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 1-76 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/projects/us85pel. The US 85 PEL Study in conjunction with the US 85 Access Control Plan indicates that the western access onto Hwy 85 that aligns with the northwestern corner of the parcel is to be closed and reclaimed. Additionally, the US 85 PEL Study in conjunction with the US 85 Access Control Plan indicates that several of the access points in this area are to be closed and reclaimed to include the western intersection of CR 25 1/2 at Hwy 85. The applicant shall work with CDOT to comply with these documents. 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. CONDITIONS OF APPROVAL: The plat shall be amended to delineate the following: 1. County Road 22 % 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 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 or reserved per Weld County Code. 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. It is noted that CR 22 % west of the intersection with CR 25'/2 is existing maintained right-of-way with no documentation. The right-of-way east of the intersection of CR 25 % should be researched to determine its existence. (Department of Public Works) 2. County Road 25 % 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 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 or reserved per Weld County Code. 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. It is noted that north of CR 22 1/2 intersection, CR 25 % is unmaintained petition right-of-way. (Department of Public Works) 3. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with the documents creating the right-of-way. (Department of Public Works) 4. Show the approved Colorado Department of Transportation (CDOT) access point on the plat and label with the approved access permit number if applicable. (Department of Public Works) 5. Show and label the existing and proposed access points and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the plat submittal. (Department of Public Works) 6. If applicable, show and label a 30 -ft. minimum access and utility easement to provide legal access to the parcel on the plat. (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. If the Access will be utilizing unmaintained County right-of-way, maintenance of the unmaintained County right-of-way will not be the responsibility of Weld County. (Department of Public Works) 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. (Department of Public Works) 4. 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) 5. 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) 6. 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) 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. (Department of Public Works) 8. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: From: Date: Re: Michael Hall Lauren Light, Environmental Health Services February 5, 2021 COZ21-0001 Troyer 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 may be served by a well permitted for commercial use and a commercial on -site wastewater treatment system (OWTS). The well permit has not been evaluated by the State as of January 26, 2021. When a site plan review is submitted, sanitary services will be assessed. 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. 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 Icic: 9/0 304 6410 Fax: 9/0-301-641'2 Public Health & Clinical Services lobo: 9/0 304 6420 Fax: 910-301-64 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 & Response Tele: 970-304-6470 Fax: 970-304-6462 Public Health Submit by Email Weld County Referral January 22, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant: HARLEY D TROYER Case Number: COZ21-0001 Please Reply By: February 19, 2021 Planner: Michael Hall Project: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District Parcel Number: 130907400033-R2547903 Legal: PART E2SE4 SECTION 7, T2N, R66W of the 6th P.M., Weld County, Colorado. Location: South of and adjacent to County Road 22.5; east of and adjacent to County Road 25.5; west of and adjacent to Highway 85 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. 0 See attached letter. Signature Jennifer B Teeters Date 02/04/2021 Agency Weld Co. Oil and Gas Energy Dept. Change of Zone Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: COZ21-0001 OGED Reviewer: Jennifer Teeters Review Date: February 3, 2021 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. We have completed our review of the proposal and have no conflicts to the proposed activities. We have included additional comments below: Comments 1. There are no active or proposed 1041 Weld Oil and Gas Location Assessment (WOGLA) Permits on the Change of Zone parcel. 2. There are no active or proposed Location Assessment for Pipeline (LAP) Permits on the Change of Zone parcel. 3. The Change of Zone parcel does includes one (1) active oil and gas well, listed in Table 1 below and shown on the attached map. OGED requests that the Applicant coordinate operations in proximity to existing wells with the operator( KP Kauffman Company INC). Table 1 API Operator Well Name Location Status 05-123-08896 KP Kaufmann Company Johnson, Rolland A Unit B#1 NESE 7 2N66W 6 PM PR 4. The Change of Zone parcel may include additional oil and gas related infrastructure, such as off -location flowlines, not regulated by Weld County. OGED requests that the applicant review 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 January 22, 2021 The Weld County Department of Planning Services has received the following item for review: Applicant: HARLEY D TROYER Case Number: COZ21-0001 Please Reply By: February 19, 2021 Planner: Michael Hall Project: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District Parcel Number: 130907400033-R2547903 Legal: PART E2SE4 SECTION 7, T2N, R66W of the 6th P.M., Weld County, Colorado. Location: South of and adjacent to County Road 22.5; east of and adjacent to County Road 25.5; west of and adjacent to Highway 85 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: The proposed 1-3 zoning does not comply with our plan. CWe have reviewed the request and find no conflicts with our interests. C See attached letter. Signature Todd A. Hodges, Planning Director Date 3/16/2021 Agency City of Fort Lupton The proposed zoning to 1-3 does not meet our Comprehensive Plan future land use map which has this area west of Hwy 85 designated at Commercial Transition. The proposed 1-3 zoning would allow such uses as a salvage yard which could negatively affect the entrance into Fort Lupton on Hwy 85. Fort Lupton annexed CR 22.5 adjacent to this property when annexing a property to the North. The property annexed was zoned C-2 in accordance with our Comprehensive Plan for future land uses. Should the project be approved we would request that a screening/buffering plan be submitted for any outdoor storage. There is a ROW reservation along CR 22 1/2. Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax £0, January 26, 2021 COLORADO Division of Water Resources Department of Natural Resources Michael Hall, Planner Weld County Department of Planning Services Transmission via email: mhall@weldeov.com Re: Case No. COZ21-0001 Troyer Change of Zone Part of the E'/z of the SE 1/4 of Sec. 7, T2N, R 66W, 6th P.M. Water Division 1, Water District 1 Dear Michael Hall: We have received your January 22, 2021 proposal to rezone an 18.4 -acre parcel located in the E'/z of the SE 1/4 of Sec. 7, T2N, R 66W, 6th P.M. from Agricultural (A) to Heavy Industrial (1-3). The land is proposed to be used as an auction site for the sale of vehicles, trucks, and farm equipment sale by virtual auction. This referral 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 informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. Estimated water uses and proposed water demand were not provided. The proposed water supply source is a proposed well. An application, receipt no. 10008903, for a permit to construct a new well for commercial use has been received by this office and is pending evaluation. A review of our records shows well permit no. 4490-R located on the subject property. Well permit no. 4490 was issued September 5, 1957 for a surface water irrigation well. The well, aka Johnson Well No. 4, was decreed in Division 1 Water Court case no. W-6367 for the irrigation of 90 acres in the SE 1/4 of Sec. 7, T2N, R 66W, 6t" P.M. at a maximum pumping rate of 0.03 cfs, first put to beneficial use on August 31, 1956. According to the records available in our office, the well is not covered under a court approved augmentation plan therefore the well cannot pump until such time as it is either covered under a court approved augmentation plan or substitute water supply plan approved by the State Engineer. If you or the Applicant have any questions, please contact Wenli Dickinson at 303-866-3581 x8206 or at wenli.dickinson@state.co.us. Sincerely, I � Y Joahna Williams, P.E. Water Resource Engineer Ec: Referral no. 27496 Well permit no. 4490-R 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared S. Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director Hello