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HomeMy WebLinkAbout20194236.tiff MEMORANDUM TO: Chris Gathman, Planning Services 18 ,1 FROM: Hayley Balzano, Public Works DATE: July 24, 2019 SUBJECT: COZ19-0003 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): 121324300032 The project proposes to: A Change of Zone Application to change the zoning from A (Agricultural) to 1-3 (Industrial). ACCESS: Weld County Public Works has reviewed the application materials related to access. The applicant is proposing the use of an existing access on County Road 30 located approx.4900 feet west of County Road 49. The application material also mentions using an access on County Road 47. County Road 47 is an unmaintained section line road in this area. If an additional access is proposed, the applicant will need to verify the existence of right-of-way and show that the road lies within existing right-or-way or obtain an easement. If a second access is applied for, the existing access on County Road 30 will need to be closed and reclaimed. Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure the approved accesses are compatible with your layout. Per Chapter 12, Article V, Section 12-5-30. F, 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 Appendix Table 12A-2. For shared accesses (Weld County Code Appendix 12A.3.5), 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 12 of the Weld County Code for more information regarding access. ROADS AND RIGHT-OF-WAY: County Road 30 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 47 is a section line road. Section line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non-Maintained Section Line Right-of-Way."The existence of a physical road does not imply public right-of-way and the road may be located on private property. All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat.The applicant shall delineate on the plat the existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be verified it shall be dedicated or an adequate easement between property owners shall be provided. 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 the physical roadway(s)may not be centered in the right-of-way.This road is NOT 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. 1 MUSR16-11-0009 The existing USR on site, 1 MUSR16-11-0009 shows a water quality feature in the southeast corner of the parcel. Aerial photography shows material being stored in this pond. Prior to recording the Change of Zone plat, all material shall be removed from the water quality feature. CONDITIONS OF APPROVAL: A. All materials shall be removed from the water quality feature shown on 1MUSR16-11-0009, in the southeast corner of the parcel. (Department of Public Works) B. The plat shall be amended to delineate the following: 1. County Road 30 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) 2. County Road 47 is an unmaintained section line right-of-way.The applicant shall verify and delineate on the map the unmaintained right-of-way and 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 section line Right-of-Way as "CR 47 Section Line Right-of-way, not County maintained" (Department of Public Works) 3. Show and label the existing and proposed access point(s) 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) 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 may 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) /- At/ WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Nr 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org cou - Memorandum To: Chris Gathman From: Lauren Light, Environmental Health Services Date: June 27, 2019 Re: COZ19-0003 Thompson Environmental Health Services has reviewed this proposal for a Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District. The site is served by a well permitted for commercial use (75846-F) and a commercial on-site wastewater treatment system permitted for 15 people (SP-1600148). We recommend the following appear as notes on the resubdivision 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 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 Icic:9/0 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-5470 Tele:970-304-6470 Fax: 9/0-304-64 I2 Fax: 910-304-6416 Fax: 970-304-6411 Fax: 970-304-5452 Fax: 970-304-6452 Public Health CCOLORADO et 0 Division of Water Resources Department of Natural Resources July 12, 2019 Chris Gathman Weld County Planning Services Transmission via email: daungst®co.weld.co.us Re: Chester Thompson Case No. COZ19-0003 W1/2 SW1/4 of Section 24, T3N, R65W Water Division 1, Water District 2 Dear Mr. Gathman: 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. The Applicant is seeking a change of zone from A (Agricultural) to 1-3 (Industrial) for a 7.03 acre property know as Lot A of the Recorded Exemption RE-3963. The property is being used for an Oil and Gas Support and Service (Oil and Gas Equipment Refurbishing, Storage and Shop) under USR11-0009 amended under 1MUST16-11-0009. Our office previously commented on the original Site Specific Development Plan and Special Review Permit No. USR11-0009 and the amendment 1MUST16-11-0009 by our letters dated August 18, 2011 and June 20, 2016. The proposed water supply for the commercial use on the property is an existing well operated under permit no. 75846-F and the estimated water demand is 1.9 acre-feet. Permit no. 75846-F was issued for the amount of water in the Laramie-Fox Hills aquifer underlying the Applicant's 7 acres located in the SW1/4 of the SW1/4 of Section 24, Township 3 North, Range 65 West of the 6th P.M. This well is permitted for commercial purpose, with a maximum pumping rate of 15 gallons per minute and an allowed average annual appropriation not to exceed 1.9 acre-feet. This office has no objection to the proposed change of zone as long as well permit no. 75846-F is being operated in accordance with the terms and conditions of the well permit. If you, or the applicant, have any questions please contact loana Comaniciu of this office at 303-866-3581 x8264. Sindrely, S Joanha Williams, P.E. Water Resource Engineer Ec: Project No. 26591 Permit nos. 75846-F Ox. `Of 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water r� o Jared S. Polls, Governor Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director _ *. '' /a7c,%' Hello