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HomeMy WebLinkAbout20210340.tiffMEMORANDUM TO: Michael Hall, Planning Services FROM: Melissa J King, PE, Public Works DATE: October 27, 2020 SUBJECT: COZ20-0008 Andersen 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): 080329100001 The project proposes to: Change of Zone from A (Agricultural) Zone District/C-3 (Business Commercial) Zone District to the I-3 (Heavy, Industrial) Zone District ACCESS: Weld County Public Works has reviewed the application materials related to access. The applicant has a Nonexclusive Roadway Easement (Andersen -Union Pacific Railroad Company) that allows the parcel roadway easement onto unmaintained County Road 39 % and from there onto maintained County Road 39 % approximately 2,379 feet north of the intersection of County Road 39 % and County Road 64 (also known as O Street). The applicant shall obtain an access permit for this location. During the access permitting process, traffic information will be required. The access permit may require an improvements/road maintenance agreement (see information below). 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: The proposed parcel uses unmaintained County Road right-of-way and easement to access maintained County Road 39 % at 2,379 feet north of the intersection of County Road 39 % and County Road 64 (also known as O Street). The submitted plat shall show any unmaintained rights -of -way used to access the site from the maintained County Road, from the lots to and including the maintained County Road access point. The physical location of the road within the right-of-way and easement shall be shown on the plat. Reception numbers shall be referenced for right-of-way and easement documents. Please contact Public Works with questions. County Road 39 % is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road. If the right- of-way cannot be verified it shall be dedicated or reserved per Weld County Code. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right- of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. The maintained portion of County Road 39 % is considered adequate in size to meet the requirements of the proposed zone district (i.e. I-3 Industrial). 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. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works may require an Improvements Agreement for one or all the following reasons: • Off -Site Public Improvements • Road Maintenance Agreement • Construction Maintenance Agreement • Access Improvements Agreement • On -Site Improvements for Subdivisions/PUDs. An Improvements Agreement is required for sites with required offsite improvements per Chapter 24, Article IX, Section 24-9-20.B. Collateral is required to ensure the improvements are completed, and maintained. CONDITIONS OF APPROVAL: A. The applicant shall address the concerns of the Public Works Referral relating to the proposed access location (permit required). (Department of Public Works) B. The plat shall be amended to delineate the following: 1. County Road 39 % is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way 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. (Department of Public Works) 2. The northern portion of County Road 39 % is an unmaintained right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way from the lots to and including the connection to the maintained portion of County Road 39 % . Reference the documents creating the right-of-way. All setbacks shall be measured from the edge of right- of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the Right -of -Way as "CR 39 % Right-of-way, Not County Maintained." (Department of Public Works) 3. Show and label the existing access point and the usage type(s) (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) 4. 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. 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: Michael Hall From: Lauren Light, Environmental Health Services Date: October 29, 2020 Re: COZ20-0008 Anderson Properties, LLC Environmental Health Services has reviewed this proposal for a Change of Zone from the A (Agricultural) Zone District to the I-3 (Heavy Industrial) Zone District. A commercial vault was permitted for the site in 2008. The vault is sized for 2 people (SP -0800119). A site plan review will address specific items such as noise, dust and waste handling procedures. We recommend the following appear as notes on the plat: 1. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by on -site wastewater treatment systems 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. 2. Activity or use on the surface of the ground over any part of the on -site wastewater treatment system 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. 3. 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. 4. 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 lot: 9/0 304 6410 Fax: 9/0-301-6412 Public Health 8 Clinical Services cic: 9/0 304 6420 Fax: 9/0-304-6416 Environmental Health Communication, Services Education g Planning Tele:970-304-6415 Tele:970-.304-6470 Fax: 970-304-6411 Fax: 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970 304-6452 Public Health MEMORANDUM TO: Michael Hall DATE: October 20, 2020 FROM: Diana Aungst, CFM SUBJECT: COZ20-0008, Andersen Properties PROJECT: Change of Zone from the A (Agricultural) Zone District to the I-3 (Heavy Industrial) Zone District PARCEL: 0803-2910-0001 DELINEATE ON THE PLAT: Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. PLAT NOTES: 1. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -1533F dated September 17, 2020 and LOMR 15-08-573P dated July 14, 2016 (Eaton Draw Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. Submit by Email Weld County Referral October 16, 2020 The 'Meld County Department of Planning Services has received the following item for review: Applicant: Anderson Properties, LLC Case Number: COZ20-0008 Please Reply By: November 13, 2020 Planner: Michael Hall Project: Change of Zone from the A (Agricultural) Zone District to the I-3 (Heavy Industrial) Zone District Location: APPROXIMATELY 0.5 MILES NORTH OF CR 64 (O STREET); APPROXIMATELY 0.1 MILES EAST OF CR 39 1/2 Parcel Number: 030329100001-R3923805 Legal: PART S2NE4 AND PART N2SE4 SECTION 29, TBN, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. 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 fu I I 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. r _ r� 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. ,fee attached letter. Michael Garrott 11 /5/2020 Signature Date Agency City of Greeley Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970} 400-6100 (970) 344-6496 fax c�ry�6 Greeley Project Review Comments Date: 11/5/2020 Project Name: Location: Reviewed By: Department: Submittal: Case ##: COZ20-0008 N. of CR 64 and E. of CR 34 1/2 Mike Garrott Phone: (970) 350-9874 Community Development / Planning 10/19/2020 Submittal #: 1 REF2020-0047 All code sections are from the Greeley Development Code and from the City of Greeley Design Criteria and Construction Specifications, Volumes I, II, & III. Sections c�� f the Code or Construction Specifications are shown in brackets as part c�� f the review comments below. For additional information on the City Code or the Design Criteria, see the City of Greeley web .site at the following location: Planning: httpisl://www.municode.com/library/co/greeley/codes/municipal code Engineering: http.•//greeley ov.cony/s{ervicels/design-criteria-and-construction-Lspeci cationLs ORIGIN Map: http://greeleygov.com/governmentkis Provide written responses to all comments' below. All comments must he addressed or future .submittals may not he accepted by the City of Greeley. A Word document is being provided for your convenience. Comments identified as Advismy are for the applicant's information only; they will not prolong the review and no response is required. General 1. The subject site is located within Greeley's Long Range Expected Growth Area (LREGA), the area in which the community anticipates urban development and annexation to occur in the future. The Future Land Use Guidance Map identifies the subject site as an Employment, Industrial, and Commercial Area, which supports the proposed zoning. 'age I of 2 c�ry�6 Greeley Project Review Comments Date: 11/05/2020 Project Name: Location: Reviewed By: Department: Submittal: Case ##: COZ20-0008 N. of CR 64 and E. of CR 34 1/2 Julie Cozad Phone: (970) 350-9861 Community Development / Engineering 10/19/2020 Submittal #: 1 REF2020-0047 All code sections are from the Greeley Development Code and from the City of Greeley Design Criteria and Construction Specifications, Volumes I, II, & III. Sections c�� f the Code or Construction Specifications are shown in brackets as part c�� f the review comments below. For additional information on the City Code or the Design Criteria, see the City of Greeley web .site at the following location: Planning: httpisl://www.municode.com/library/co/greeley/codes/municipal code Engineering: http.•//greeley ov.cony/s{ervicels/design-criteria-and-construction-Lspeci cationLs ORIGIN Map: http://greeleygov.com/governmentkis Provide written responses to all comments' below. All comments must he addressed or future .submittals may not be accepted by the City of Greeley. A Word document is being provided for your convenience. Comments identified as Advismy are for the applicant's information only; they will not prolong the review and no response is required. General Comments 1) Advisory. The subject property is located within the City of Greeley Lang Range Expected Growth Area (LREGA). If in the future, water and sanitary sewer service are requested to the property, then annexation into the City of Greeley will be required prior to the City of Greeley providing utility service. The City of Greeley does not currently provide utility services to the subject property. Page 2of2 Hello