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HomeMy WebLinkAbout20193955.tiffMEMORANDUM TO: Kim Ogle, Planning Services FROM: Mike McRoberts, P.E., Public Works DATE: July 19, 2019 SUBJECT: COZ19-0001 Global Asset 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 and 096104000067 The project proposes to: Change of Zone from R-1 (Low Density Residential) Zone District and A (Agriculture) Zone District to A (Agriculture) Zone District ACCESS: Weld County Public Works has reviewed the application materials related to access and determined that parcel 096104100010 has a permitted access (AP16-400450) on Balsam Avenue located approximately 1,440 feet south of County Road 62 (E. C Street). Parcel 096104000067 has two (2) existing accesses on County Road 62 which are located approximately 1,480 and 1,990 feet south of County Road 62 and one (1) existing access on County Road 43 (Cherry Avenue) which is located approximately 1,275 feet south of County Road 62. No new accesses to the site are proposed. Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. Please refer to Chapter 12 of the Weld County Code for information regarding access. ROADS AND RIGHT-OF-WAY: Balsam Avenue 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, Chapter 23, Article III, Section 23-3-50, 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. County Road 43 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, Chapter 23, Article III, Section 23-3-50, 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. County Road 62 (E. C Street) 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. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, 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 12, Article IV, Section 12-4-30.B 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. Balsam Avenue 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, Chapter 23, Article III, Section 23-3- 50, 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 43 (Cherry Avenue) 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, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 3. County Road 62 (E. C Street) 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. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 4. Show and label the existing 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) 5. Show and label a minimum 30 -foot wide access and utility easement to provide legal access to the parcel on the plat if applicable. (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. 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) 6. 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: Kim Ogle Lauren Light, Environmental Health Services June 27, 2019 COZ19-0001 Global Asset Recovery LLC Environmental Health Services has reviewed this proposal for a Change of Zone from the R-1 (Low Density Residential) Zone District and A (Agriculture) Zone District to A (Agriculture) Zone District. The existing residence is served by North Weld County Water District and a permitted on -site wastewater treatment system that is sized for 3 bedrooms (G19940549). The requirements for the proposed gravel mine will be addressed with 2MJUSR19-08- 1660. We recommend the following appear as notes on the Change of Zone 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. Health Administration Vital Records Icic: 9/U 304 6410 Fax: 9/0-304-6412 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 9,10-304-64 15 Environmental Health Services Tele:D70-304-6415 Fux: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-5452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6452 Public Health MEMORANDUM To: Kim Ogle, Planner July 8, 2019 From: Bethany Pascoe, Zoning Compliance Officer Subject: COZ19-0001 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 commercial equipment, as well as several pieces of apparent broken-down commercial equipment without the required land use permits. This case HAS since been forwarded to the County Attorney's Office; therefore, an investigation fee is not 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 correct the remaining violations. If approved, this Change of Zone will correct the current split zoning. It will not, however, correct the violation. This violation is currently under a court order (19-C-32840) requiring the removal of "all Commercial Vehicles and Equipment and to permit or remove the (remaining) Cargo Container on or before September 17, 2019". Since this Change of Zone will not make any progress towards correction of the existing violation case and the case is already active in County Court, staff has no recommendation regarding approval or denial of this application. SERVICE, TEAMWORK, INTEGRITY, QUALITY MEMORANDUM TO: Kim Ogle DATE: July 1, 2019 FROM: Diana Aungst, CFM SUBJECT: COZ19-0001, Global Assests PROJECT: Change of Zone PARCELs: 0961-0410-0010 and 0961-0410-0011 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 #s 08123C -1541E dated January 20, 2016 (Cache la Poudre River 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. Hello