HomeMy WebLinkAbout20182989.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
DATE: June 15, 2018
FROM: Evan Pinkham, Public Works
SUBJECT: COZ18-0003 Bondeson
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): 121118001008
The project proposes to: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District in conjunction with resubdivision RES18-0002
ROADS AND RIGHT-OF-WAY:
County Road 25 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate
on the site map or 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 34 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate
on the site map or 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.comldepartments/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.
ACCESS:
An Access Permit application was not submitted with the application materials. Public Works has reviewed
the submitted materials and provides a recommendation for access locations based on County code and
safety criteria in accordance with the Weld County Engineering and Construction Criteria. The single
existing access point meets the requirements and spacing criteria. Questions concerning access
requirements can be directed to Public Works access permit division.
Per Chapter 12, Article V, Section 12-5-30.B: An Access Permit is required. For new accesses and/or
change of use of an existing access, the fee and photos are required (Access permit instructions and
application can be found at https://www.weldclov.comidepartmentsiqublic works/permits!.) Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria, offer access design
guidance. (This document can be found at
https://www.weldclov.com/UserFiles/Servers/Server 6/File/Degartments/Publie/020Works/Enqineering/W
CECC%20Manual pdf). Existing access points with change of use or new access points may or may not
be granted. Questions pertaining to access permits or access design shall be directed to the Public Works
Department.
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 owners 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.
Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, an access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface
be less than 35 feet.
The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by
the Weld County Clerk and Recorders Reception number. (Department of Public Works)
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. Contact Public Works to discuss your access.
CONDITIONS OF APPROVAL:
A. The plat shall be amended to delineate the following:
1. County Road 25 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 verify and delineate on the plat the existing
right-of-way and the documents creating the existing right-of-way. 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 34 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 verify and delineate on the plat the existing
right-of-way and the documents creating the existing right-of-way. 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. Show and label the preliminarily approved access point(s) and the usage types as
described in the Public Works referral memo. (Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE MAP)
1. The property owner shall control noxious weeds on the site. (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)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To:
From:
Date:
Re:
Diana Aungst
Lauren Light, Environmental Health Services
June 4, 2018
COZ18-0003 Bondeson
Environmental Health Services has reviewed this proposal for a Change of Zone from A
(Agricultural) Zone District to E (Estate) Zone District in conjunction with RES18-0002.
Central Weld County Water District will provide water and a letter from the District dated
February 6, 2018 was included with the resubdivision application. On -site wastewater
treatment systems (OWTS) will provide sewer services.
The existing residence is served by Central Weld County Water District (tap 198) and
an unpermitted OWTS. The applicants did apply for a Statement of Existing, Tier 1 (SE -
1800015) which indicated the OWTS is not failing.
We recommend the following appear as notes on the Change of Zone plat:
1. Water service may be obtained from Central 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: 9/0 304 6410
Fax: 9/0-301-64 I'2
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 910-304-64 16
Environmental Health
Services
Tele: 970-304-6415
Fax: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fox: 970-304-6452
Emergency Preparedness
8 Response
Te le: 970-304-6470
Fax: 970-304-6462
Public Health
COLORADO
John W. Hickenlooper
Governor
Division of Water Resources Robert Randall
Dena-trnent of Nati at aesowces Executive Director
Kevin G. Rein, P.E.
Director/State Engineer
May 23, 2018
Dianna Aungst
Weld County Department of Building and Planning Services
Transmitted via email:
daugnst@weldgov.com
RE: Bondys Subdivision (In Conjunction with COZ18-0003)
Case no. RES18-0002
W 1/2 of the NW 1/4 Sec. 18, T3N, R66W, 6th P.M.
Lot 6, Block 3, Filing 1, Olinger Subdivision Garden Tract
Water Division 1, Water District 2
Dear Ms. Aungst:
We have reviewed the information received by this office on May 18, 2018 regarding the above
referenced referrals. The Applicant is proposing to rezone 9.7 acres, known as lot 6, block 3, filing 1,
Olinger Subdivision Garden Tract, from the A (Agricultural) Zone District to the E (Estates) Zone
District and to re -subdivide the 9.7 acres into two lots of approximately 3.936 acres (Lot 1) and 5.767
acres (Lot 2).
Water Supply Demand
A Water Supply Information Summary Sheet was not submitted; therefore, the water supply demand for
this subdivision is unknown.
Source of Water Supply
A letter from Central Weld County Water District ("District"), dated February 6, 2018, was provided.
According to the letter, the District is servicing said property with water through tap number 198. The
letter also indicated water service for new taps can be made available provided all requirements of
the District, Northern Colorado Water Conservancy District and the Bureau of Reclamation are
satisfied. We do not know if the applicant has met these other requirements.
The District provided information about their water supplies in June of 2012. They primarily rely on
Colorado -Big Thompson (C -BT) water to supply retail water customers. As of June 2012 the District
owned 5,370 C -BT units. The yield of C -BT units varies from year to year based on conditions and
storage. The dry year quota applied for District firm yield planning is 0.6, resulting in a water yield of
3,222 acre-feet per year. In most years, the District's water yield greatly exceeds the firm yield. In
addition, the District continues to develop additional water supplies, including participating in the
Northern Integrated Supply Project (NISP).
Water demands for the District's retail consumers have been around 3,900 acre-feet per year for the
last few years. Although, average water demand exceeds the firm yield water supply of the District,
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state. co. us
Bondys Subdivision Page 2 of 2
May 23, 2018
the District has adopted a Water Shortage Contingency Plan (Plan) to reduce demand in dry years or
under system emergency conditions. For instance, the District initiates Stage 1 of the Plan under
various circumstances, including when the C -BT quota is less than 0.7. When Stage 1 is triggered,
voluntary reductions in water usage are expected to reduce demand by 10 percent. The Plan goes on
to greater stages of conservation including mandatory water use restrictions intended to reduce
demand by 30 percent or more.
Since the District's water supply report was last updated with this office on June 30, 2012, we request
that the District provide an updated water supply report prior to further evaluation of the subdivision
water supply plan. As outlined in the statutes, Section 30-28-136(1)(h)(II), C.R.S., a municipality or
quasi -municipality is required to file a report with the county and the State Engineer documenting the
amount of water which can be supplied to the proposed development without causing injury to
existing water rights.
Records in this office indicate that there is an existing well, operating under well permit no. 209671,
located on the subject property. Permit no. 209671 was issued on May 5, 1998 for domestic and stock
uses. The well was also decreed as Well No. 2 in Division 1 Water Court case no. W-1304, for domestic
and stock use. Uses are limited to those domestic and stock uses that were in place as of May 8, 1972
and that continue through today, not to exceed three single family dwellings, one acre of home
gardens and lawns and the watering of domestic animals and livestock on a farm or ranch. However,
Section 37-92-602(3)(b)(III), C.R.S., requires that the cumulative effect of all wells in a subdivision be
considered when evaluating material injury to decreed water rights. Therefore, the applicant must
clarify if the well will be used within the subdivision or if the well will be plugged and abandoned
prior to subdivision approval. If the well will be used within the subdivision the proposed uses
must be specified and the applicant must demonstrate that a court approved augmentation plan
has been obtained for the well.
State Engineer's Office Opinion
Based on the above and pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's Office has
not received enough information to render an opinion regarding the potential for causing material
injury to decreed water rights, or the adequacy of the proposed water supply. Prior to further review
of the subdivision water supply plan, an updated water supply report from the District documenting
the amount of water which can be supplied to the proposed development without causing injury to
the existing water rights and a completed Water Supply Information Summary Sheet is needed. The
applicant must also clarify if the well operating under permit no. 209671 will be used within the
subdivision or if the well will be plugged and abandoned prior to subdivision approval. If the well will
be used within the subdivision the proposed uses must be specified and the applicant must
demonstrate that a court approved augmentation plan has been obtained for the well.
Should you or the applicant have any questions, please contact Allis Thyne at (303) 866-3581 x8216.
Sincerely,
Joanna Williams, P.E.
Water Resource Engineer
Ec: Subdivision File #24460
File for well permit no. 209671
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