HomeMy WebLinkAbout20201424.tiff MEMORANDUM
TO: Kim Ogle, Planning Services
1861
FROM: Melissa J King, PE, Public Works
DATE: March 24, 2020
_
_N SUBJECT: COZ20-0003 Derr
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): 096104100010
The project proposes to: Change of Zone: A(Agriculture) Zone Distr to 1-2 (Medium Industrial) Zone Distr
ACCESS:
Weld County Public Works has reviewed the application materials related to access. The applicant has
proposed that the parcel continue to use the existing permitted access (AP16-00450) on to County Road
41 '/% (Balsam Avenue). No new access permit is requested.
ROADS AND RIGHT-OF-WAY:
County Road 41 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. Pursuant to the definition of setback in the Weld County
Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that
physical roadways may not be centered in the right-of-way. This road is maintained by Weld County.
Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right-of-Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any
County rights-of-way or easement. Right-of-Way Use Permit instructions and application can be found at
https://www.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:
A. The plat shall be amended to delineate the following:
1. County Road 41 '/% 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. 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. Show and label the existing access point 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)
3. 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. 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)
6. 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)
1Kfi1 rir
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: March 27, 2020
Re: COZ20-0003 Derr
Environmental Health Services has reviewed this proposal for a Change of Zone from
the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District.
The site would be served by North Weld County Water District per IGA with the City of
Greeley and an on-site wastewater treatment system. The application indicates that a
portable toilet will be provided for the proposed use which is acceptable as long as it
follows EH policy.
We recommend the following appear as notes on the plat:
1 . Water service may be obtained from North Weld County Water District.
2. The parcel is currently not served by a municipal sanitary sewer system.
Sewage disposal may be by septic 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.
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 Public Health& Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education&Planning g Response
cic:9/0 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470
Fax: 9/0-301-641'2 Fax: 910-304-6416 Fax: 970-304-6411 Fax. 970-304-6452 Fax: 970-304-6452 Public Health
MEMORANDUM
1. T1 t„.
To: Kim Ogle, Principal Planner March 16, 2020
From: Bethany Pascoe, Zoning Compliance Officer
Subject: COZ20-0003 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV18-00234)was noted. This
violation was initiated due to the storage of both operational and nonoperational Commercial Vehicles
and equipment without first completing the necessary Weld County Zoning Permits. This case has been
forwarded to the County Attorney's Office; therefore, an investigation fee IS required.
Due to records release laws, staff no longer tracks complainant information, but please be aware it is
staff's policy to no longer accept staff-initiated complaints.
Approval of this application by the Board of County Commissioners would allow the applicant to submit a
Site Plan Review(SPR)application; however,the violation case(ZCV18-00234),nor the associated court
case(19-C-32840)can be dismissed until all Conditions of Approval have been completed and the final
map has been recorded for the subsequent SPR permit.
If this application is denied,this case will continue through the Violation process in County Court, Division
C (19-C-32840). The following conditions were called out on the court ordered Motion and Stipulated
Agreement.
Defendants agree to diligently purse the Change of Zone (COZ)application process through
the Department of Planning Services and eventually the Board of County Commissioners.
Defendants agree to supply any missing or clarifying paperwork as requested and to attend
scheduled hearings/meetings in order to process this COZ application. If this COZ application
is approved, a complete Site Plan Review (SPR) application shall be submitted to the
Department of Planning Services on or before August 28, 2020, this action would initiate an
amended Stipulated Agreement(for processing purposes). If this COZ application is denied,
all storage shall be removed from the property on or before August 28, 2020.
Our next County Court hearing is scheduled for September 21, 2020, Division C.
SERVICE.TEAMWORK.INTEGRITY.QUALITY
Submit by Email
Weld County Referral
March 10, 2020
The Weld County Department of Planning Services has received the following item for review:
Applicant: Doug Derr and Darwin Derr Case Number: COZ20-0003
Please Reply By: April 7, 2020 Planner: Kim Ogle
Project: CHANGE OF ZONE FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE 1-2 (MEDIUM
INDUSTRIAL)ZONE DISTRICT
Location: EAST OF AND ADJACENT TO NORTH BALSAM AVENUE;APPROXIMATELY 1100-FEET
SOUTH OF EAST"C" STREET(COUNTY ROAD 62)
Parcel Number: 096104100010-R8952412 Legal: LOT A REC EXEMPT RECX16-0165, PART NE4
SECTION 4, T5N, 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 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.
v See attached letter.
Signature {'Q"'L R Date 04/08/2020
Agency North Weld County Water District
weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)400-6100 (970)304-6498 fax
He NORTH WELD COUNTY WATER DISTRICT
2 32825 CR 39 • LUCERNE, CO 80646
P.O. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997
wATL WWW.NWCWD.ORG • EMAIL: WATER@NWCWD.ORG
April 8, 2020
Weld County Department of Planning Services
Case Number: COZ20-0003
Planner: Kim Ogle
Dear Mr. Ogle,
NWCWD has reviewed the Change of Zone Application and we find no conflicts with our interests.
For clarification purposes:
The Environmental Health Services Memorandum dated March 27, 2020 incorrectly states that NWCWD
will provide water service to the site. Per the City of Greeley Water Letter dated February 20, 2020, the
City of Greeley will be the water service provider. We also received email confirmation from the City of
Greeley on February 20, 2020 stating that they would provide water service. It is our understanding that
NWCWD will not provide water service to the site.
Please contact our office if you have any questions or concerns.
Thank you,
Jared Rauch
Inspector/ Field Engineer
jaredr@nwcwd.org
Submit by Email
vc Ar Weld County RefReferral
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March 10 , 2020
The Weld County Department of Planning Services has received the following item for review:
Applicant: Doug Derr and Darwin Derr Case Number: COZ20-0003
Please Reply By : April 7 , 2020 Planner: Kim Ogle
Project CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-2 (MEDIUM
INDUSTRIAL) ZONE DISTRICT
Location : EAST OF AND ADJACENT TO NORTH BALSAM AVENUE; APPROXIMATELY 1100- FEET
SOUTH OF EAST "C" STREET (COUNTY ROAD 62)
Parcel Number: 096104100010- R8952412 Legal : LOT A REC EXEMPT RECX16-0105, PART NE4
SECTION 4 , T5N , 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 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.
I We have reviewed the request and find that it does I does not comply with our Comprehensive
Plan because: - - - --
il We have reviewed the request and find no conflicts with our interests.
NT See attached letter.
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SignatureMarian Duran I:^a•.H.^.Grrare ityi-rtaryir ursr ;rrrw;.^..:^ rr.::115 Date
/2020
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Agency City of Greeley/Community Developent
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
• CommentsDate : 4/2/2020
Greeley n
Project Review
Project Name : COZ2O- 0003 (REF2020 -0013 )
Location : 590 N BALSAM AVE
Reviewed By : Marian Duran Phone : (970) 350 -9824
Department : Community Development / Planning
Submittal : 3 / 10/2020 Submittal # : 1
Case # : REF2020 -0013
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 of the Code or
Construction Specifications are shown in brackets as part of 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: https://www. inunicode. comgibraty/co/greeley/codes/municipal code
Engineering: http ://greeleygov. com/se 'ices/design -criteria-and-construction -specifications
ORIGIN Map : h ttp://gis3 .greeieygov. com/Htm 15ORIGIN/7viewer =propertyfacts
Provide written responses to all comments below. All comments must be addressed or submittal
shall not be accepted by the City of Greeley. A Word document has been provided for your
convenience. Comments identified as Advisory are for the applicant 's information only; they will
not prolong the review, and no response is required.
General Comments
1 . Advisory . The subject sites are within the City of Greeley's Long Range Expected
Growth Area (LREGA) . Moreover, Greeley' s Land Use Guidance Map illustrates that the
subject site is in an area that the community has dedicated to industrial-manufacturing.
As well as other employment uses such as research and development, office parks , and
distribution and logistics centers . However, high impact heavy-industrial land uses that
generate excessive noise , fumes , odors , or other impacts are discouraged .
2 . Advisory . The proposed rezoning, and associated uses on the subject site , are a
supportable land use . However, please consider the following standards to decrease the
likelihood of creating nonconformities in the area :
a. Screening of outdoor storage
b . Screening of vehicle parking
c . Pave vehicle parking areas with concrete
d . Paved access with asphalt to avoid traction onto the main road
e . Architectural standards for any building erected (fenestration, articulation,
different materials)
f. Landscaping - ten (10 % ) open space with 50 % landscape material
g. Intensification and development of the land to be processed through
annexation and a City land use action.
Page I of 3
3 . Advisory . Planning had communicated with Mr. JC York, a consultant to the property
owner, regarding a potential annexation of the parcel that he had inquired about back in
October. The City, however, would be more supportable of annexing the subject parcel , if
the parcel to the south, the gravel mine , would annex into the City. We are open to
discussing this further with the applicant, as requested by Engineering Review's comment
below.
Page 2 of 3
Date : 04/01 /2020
ci
Project
nof
Greeley Project Name : COZ20- 0003 (REF2020 -0013 )
Location : 590 N BALSAM AVE
Reviewed By : Julie Cozad Phone : (970) 350 -9861
Department : Community Development / Engineering
Submittal : 2/27/2020 Submittal # : 1
Case # : REF2020 -0013
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 of the Code or
Construction Specifications are shown in brackets as part of 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: https://www. inunicode. comgibraty/co/greeley/codes/municipal code
Engineering: http ://greeleygov. com/se 'ices/design -criteria-and-construction -specifications
ORIGIN Map : h ttp://gis3 .greeieygov. com/Htm 15ORIGIN/7viewer =propertyfacts
Provide written responses to all comments below. All comments must be addressed or submittal
shall not be accepted by the City of f Greeley. A Word document has been provided for your
convenience. Comments identified as Advisory are for the applicant 's information only; they will
not prolong the review and no response is required.
General Comments :
1 . The City of Greeley would like to meet with the applicant to discuss annexation of this
property and other adjacent properties owned by the applicant. Please have them contact
Julie Cozad via email : julie . cozadçagreeleygov. com or Marian Duran at
marian. duran@greeleygov. coin to set up a meeting with Community Development and our
Economic Development team .
2 . If this project does move forward through the County, the following comments will apply:
a. Advisory. The subject property is located within the City of Greeley Long Range
Expected Growth Area. (LREGA) . If in the future , water and sanitary sewer service
are requested to serve 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.
b . Advisory. The City of Greeley and North Weld County Water District
(NWCWD) have adopted a Water Service Agreement for providing water in this
area. Please note that if a new water service is requested , then the City of Greeley
will decide if water will be provided by the City of Greeley or NWCWD in
accordance with the executed Water Service Agreement.
Page 3 of 3
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LEGEND .-------_� E�.-
CENTERS CORRIDORS AREAS OPEN LANDS & NATURAL AREAS NEIGHBORHOODS
11 1 1 Ml.Iti.htccai Carricor Airport Area Bluffs Rural
Special Multi-Modal Corridor Landscaping Higher Education Hubs Community Separator Suburban
Downtown Center
Poudro River Groonway Employment, Industrial, and Commercial Areas Entryway Character Corridor Legacy Urban
A.
SPECIAL RECOMENDATIONS North Annexation Area Riparian Land Mixed Use
Mixed Use High Intensity _ City Owned Natural Areas Downtown CI 7 5 0.75
lieilk ' Potential Fire Station Locations
Regional Center Urban Reserve
Miles
C Town of Kersey
Town of Kersey Date of Preparation 12/1/17
4
�1 1INNeighborhood Center
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GREELEY E E LEY
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