HomeMy WebLinkAbout20173315.tiffSeptember 20, 2017
OFFICE OF BOARD OF COMMISSIONERS
PHONE: 970-336-7204
FAX: 970-336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
David A. Pechin
Sandra L. Pechin
P.O. Box 1912
Longmont, CO 80502
RE: Pechin Minor Subdivison; Requested Amendment to Weld County Subdivision Code
Dear Mr. and Mrs. Pechin,
Thank you for your letter dated August 24, 2017, in regards to your concerns about the ability to subdivide your
property. As I understand it, the Department of Planning Services has not accepted your application for a minor
subdivision because the proposed water source serving the subdivision is a well or multiple wells, in contrast to the
requirement for a "public" water supply, as currently required by the Weld County Code.
As you reference in your letter, at a work session in January of this year the Board of County Commissioners
directed Planning staff to review the code for possible revisions regarding subdivision lots served by individual
wells. That direction was provided along with direction to propose changes to a substantial number of other code
sections. Unfortunately, that code change was not prioritized and therefore was not included in the first round of
Planning code changes, which will be presented soon to the Planning Commission before starting the three -reading
process with the Board of County Commissioners.
The second round of Planning code changes are not expected to occur until late this year or early next year. As a
result of that expected delay, I've asked Tom Parko, the Director of the Department of Planning Services, to discuss
the issue with the Planning Commission in the near future. This would allow the members of the Planning
Commission to provide feedback on this issue in a more timely manner. The Planning Commission generally meets
for lunch prior to its regular meeting. Like work sessions with the Board, these lunchtime work sessions are open to
the public. Mr. Parko has scheduled this presentation at the earliest feasible time, October 17, 2017, at 11:30 a.m.
You are welcomed to attend. I anticipate that the Planning Commission will provide feedback to Planning staff at
that time, and thereafter staff will present a more thorough analysis based on that feedback to the Board of County
Commissioners in a work session.
Feel free to contact Tom Parko for details, and thank you very much for your interest in the County's code
amendment process.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
Julie! . Cozad, Chair
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2017-3315
David A. Pechin
Sandra L. Pechin
P.O. Box 1912
Longmont, CO 80502
August 24, 2017
Commissioner Julie Cozad, Chair
Weld County Commissioners
1 150 O Street
P.O. Box 758
Greeley, CO 80632
RE: Pechin Minor Subdivision
Dear Commissioner Cozad:
RECEIVED
AUG 292017
WELD COUNTY
COMMISSIONERS
We own a 24 -acre parcel of land in rural Weld County that is eligible for a Minor Subdivision at
13756 County Road 22, north of Fort Lupton, Colorado. We intend to subdivide the property
into three lots, two five -acre lots and one 14 -acre lot, on which we would build our own home.
As previously explained to Tom Parko in correspondence dated January 20, 2017, we have an
existing permitted non -tributary well on the property that is approved to serve three homes with
an adequate water supply. One residence currently exists on our property. We have consulted
with the State Engineer's Office (SEO) and have confirmed that we have an adequate water
supply to serve a total of three lots with a minimum acreage of five acres each. Based on the
direction of the SEO, we understand the proper way to proceed is to re -permit the existing
exempt well and apply for two additional non -tributary (Laramie -Fox Hills) exempt domestic
wells for the other two parcels (i.e., one well per parcel). Please see attached documents with
correspondence between Branden Effland, Senior Water Resources Engineer with Deere & Ault
Consultants, Inc. (D&A) and Karlyn Armstrong, Water Resource Engineer, SEO, for
verification.
Due to the wording in the Weld County Code that references a public water source for Minor
Subdivisions, the County staff has determined that our property is not eligible for a Minor
Subdivision due to lack of a public water source. This very issue was raised by staff with the
County Commissioners at a Work Session on January 23, 2017, when the staff asked for
direction from the Board on the use of wells as an adequate water supply for small, rural Minor
Subdivisions. Our planning consultant, Jennifer Vecchi and Dave Pechin attended the meeting.
Ms. Vecchi took meeting notes and has provided them with the attached documents.
Commissioner Julie Cozad, Chair
Weld County Commissioners
August 24, 2017
Page 2
Following discussion, at the Work Session, of non -tributary exempt wells that the SEO has
indicated would be supported, and due to inconsistencies in the Weld County Code, the
Commissioner's directed staff to abide by and support whatever the SEO will approve with
respect to the use of wells for rural Minor Subdivisions. The general consensus of the Board was
that the County should defer to the SEO on the issue of "adequate" water supply for well permits
for Minor Subdivisions and the Code should be updated to reflect this.
As evidenced by the attached documents, we began this process in January 2016, and have
worked with staff and the SEO to address this issue. We were very encouraged when the Board
of County Commissioner's gave direction to the staff at the Work Session in January 2017 to
allow wells as an adequate water supply for small, rural Minor Subdivisions, provided that the
SEO approves the wells. As of this date, the staff has not modified the Code and will still not
accept our application. We request that you direct the staff to proceed with a Code update to
address this issue, at their earliest convenience.
We would be glad to answer any questions that you might have. Thank you for your
consideration.
Sincerely,
David A: Pechin
7 c /
Sandra L. Pechin
Attachments
cc: Jennifer Vecchi
Branden Effland
0 ..SandySandy Personal'County Road 22`.Correspondence Commissioner Cozad 8-24-17. Docx
VECCHI & ASSOCIATES, LLC
P O. Box 1175 Longmont, Colorado 80502- 1175 Phone 303-774-0173 Fax 303-774-0173
WELD COUNTY COMMISSIONER'S WORK SESSION
MEETING NOTES 1-23-17
Prepared by Jennifer Vecchi, Planning Consultant
I. Minor Subdivisions — focus on water requirements — clarify well water as a water source
in rural areas. (Chapter 24)
2. Quantity and quality — Tom Parko gave an example of a sample project.
• There was a Water Supply Plan and adequate fire flow, pressure and availability
of water
• Shared well agreement in place that defines how it can be used and maintenance
within HOA or stand-alone document
• Demonstration of compliance if:
I. Approved permit from the State Engineer's Office
2. Prove -up quantity and pressure
3. Evidence or proof of a shared well agreement (HOA's can dissolve),
and a note on the plat
4. Referrals back from health department are okay
Exemption lots for up to three tributary wells (exempt wells)
See standards from code, up to individuals to demonstrate quantity/quality
3. Following discussion of non -tributary exempt wells that are supported by the State and
the inconsistencies in the Weld County Code, the Commissioner's directed staff to abide
by and support whatever the State Engineer's Office will approve with respect to the use
of wells for rural Minor Subdivisions.
There needs to be some flexibility within the permitting process in rural areas; the
measure should be what the State Engineer defines as "adequate." The County should
defer to the State on the use of wells as an adequate water supply for Minor Subdivisions
and the Code should reflect this. There was general consensus and direction from the
Board to the staff to update the Code to address this issue.
David A. Pechin
Sandra L. Pechin
P.O. Box 1912
Longmont, CO 80502
January 20, 2017
Mr. Tom Parko
Weld County Planning Manager
Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
Re: Minor Subdivision — Interpretation of Water Requirements
Dear Mr. Parko:
We own property in Weld County that is eligible for a Minor Subdivision. We want to subdivide
our 24 -acre parcel into three lots: two five -acre parcels and one lot with the remaining acreage
for our home. However, we have been informed by your staff that they will not accept an
application because the legal department has provided an opinion that wells are not an allowed
water source because they are not a public source. The code defines a Public Water Source and
On -Site Water Systems to be used for subdivisions as follows:
Sec. 24-7-80. - Water Supply.
B. Public Water Supply Systems.
1. ' Where a central water supply system is provided through a municipality, water district,
water company or association, the applicant must furnish evidence of an adequate water
supply and ability to serve the subdivision. If a new off -site water supply system is proposed,
the applicant shall provide a certified letter from the State Engineer stating that proper water
rights have been acquired, or a proper nontributary source is reasonably available for the
future use, prior to approval of the subdivision.
C. On -site Water Systems.
1. Where individual on -lot water supply systems are proposed for the subdivision, the
subdivider shall install such facilities, or shall require by deed restriction or otherwise as a
condition of the sale of each lot that the facilities be installed by the purchaser of said lot at
the time the principal building is constructed.
2. Where water supply systems are proposed for individual lots, a geologic report shall be
submitted and shall contain a speck section on ground water geology prepared by a
qualified ground water geologist or engineer stating the following:
Mr. Tom Parko
January 20, 2017
Page 2
a. The probability of success of wells or on -site supply systems throughout the proposed
subdivision.
b. The expected long-term yield of such wells or systems.
c. Compliance with state statutes.
d. The expected depth to usable water.
e. The expected quality of the anticipated water.
f Any expected significant problems of a long-term supply, including but not limited to,
pollution or long-term maintenance of such wells or systems.
g. The anticipated cumulative effect of such water use on other vested water rights in the
area.
h. The report shall include such other information as required by the Planner, Planning
Commission or Board.
We have an existing permitted non -tributary well on the property that is approved to serve three
homes with an adequate water supply. One residence currently exists on our property. We have
consulted with the State Engineer's Office (SEO) and have confirmed that we have an adequate
water supply to serve a total of three lots with a minimum acreage of 5 acres each.
Historically, Weld County has allowed wells to serve residences throughout the region where our
property is located. Language in the Weld County regulations under Minor Subdivisions
references wells as a water source. Our land is located in an area that is not prime agricultural
land. Small residential parcels have been developed throughout the surrounding region. The
property is located outside of urban growth areas and is several miles outside of existing water
district boundaries. To disallow wells where they have historically been allowed as a primary
water source, without regard for the type of wells, either tributary or non -tributary, the aquifer
and the yields, appears to be an improper interpretation of what constitutes an adequate water
supply, which is the measure used by the SEO.
We ask that you clarify your regulations and allow non -tributary on -site wells as an adequate
water supply for small Minor Subdivisions with three lots or less, provided the wells are
approved by the State Engineer. Thank you for your consideration.
SLP:sp
vat
Sandra L. Pechin
cc: Jennifer Vecchi
Michelle Martin
Jennifer Vecchi
Subject: FW: FW: Confirmation of Water Requirements for Minor Subdivisions
From: Branden Effland
Sent: Wednesday, November 09, 2016 9:09 AM
To: Sandy Pechin <sandv.pechinPdeereault.com>
Subject: FW: FW: Confirmation of Water Requirements for Minor Subdivisions
FYI
From: Armstrong - DNR, Karlyn[mailto:karlyn.armstrong@state.co.us]
Sent: Thursday, June 16, 2016 4:06 PM
To: Branden Effland <branden.efflandPdeereault.com>
Cc: Jennifer Vecchi <vecchiassociates(comcast.net>; Sandy Pechin <sandv.pechin@deereault.com>
Subject: Re: FW: Confirmation of Water Requirements for Minor Subdivisions
Branden,
Thank you for this additional information; this will certainly aid in our review of your client's
proposed development. Based on my recollection of our previous discussions and your email below
I do not foresee any major issues at this point, however I cannot guarantee anything nor can we
offer formal adequacy comments at this time. For subdivisions of this nature the county will need
to send the proposed subdivision to our office for review pursuant to the statutory requirement; at
that time we will offer adequacy comments based on the referral information that is provided.
Please let me know if you want to chat any further before they start the process.
Sincerely,
Karlyn Armstrong, P.E.
Water Resource Engineer
P 303.866.3581 x8275 I F 303.866.2223
1313 Sherman St., Suite 821, Denver, CO 80203
Karlyn.Armstrong@state.co.us I www.water.state.co.us
Please complete our DWR User Experience Survey on the DWR Homepage to express your opinions of our service. Your
complete satisfaction is important to us!
On Tue, Jun 14, 2016 at 7:39 AM, Branden Effland <branden.effland@deereault.com> wrote:
i
Jennifer Vecchi
From: Branden Effland <branden.effland@deereault.com>
Sent: Tuesday, June 14, 2016 7:40 AM
To: Armstrong - DNR, Karlyn (karlyn.armstrong@state.co.us)
Cc: Jennifer Vecchi; Sandy Pechin
Subject: FW: Confirmation of Water Requirements for Minor Subdivisions
Attachments: Confirmation of Water Requirements, 5-31-16.pdf
Karlyn,
Back in early April you assisted me with some questions I had regarding subdividing a parcel in Weld County. The parcel
currently has an existing nontributary exempt domestic well (Well Permit No. 262635) used to supply a single family
home. You also spoke separately with the current owner of the parcel, Bruce Wilson. At the time of our discussions,
you had a question regarding Weld County's requirements for demonstrating an adequate water supply for a minor
subdivision. You requested some confirmation, if we could get it, from the County regarding whether they require the
applicant demonstrate a 300 -year water supply when applying for a minor subdivision. In an effort to get that
confirmation, Ms. Jennifer Vecchi, applicants' planning consultant, wrote a letter (attached) to the County requesting
some clarification regarding their water requirements. Weld County's assistant attorney, Bob Choate, responded to Ms.
Vecchi's request via the email below. Mr. Choate confirms that the County does not require a 300 -year water supply for
minor subdivisions. As Ms. Vecchi inferred from her research, the 300 -year water requirement is for Planned Unit
Developments (PUD's), not minor subdivisions.
Mr. Choate's email goes on further to state that his understanding was that the property owner intends to use the one
existing exempt well to supply water to all three parcels subsequent to the subdivision. While we did inquire about that
possibility, the prospective buyer no longer intends to try that route. With your previous guidance, we understand the
proper way to go is to re -permit the existing exempt well and apply for two additional non -tributary (Laramie -Fox Hills)
exempt domestic wells for the other two parcels (i.e., one well per parcel). We also understand that the volume of non-
trib water available on an annual basis is approximately 0.20 acre-feet per acre. This determination was made at the
time of permitting the existing welt (#262635) on the 24.3 acre parcel which is now set to be divided into three
parcels. With this annual volume, we understand that a parcel size of approximately 5 acres would provide
approximately 1 acre-foot of water. This would be adequate to supply a single family home's indoor use of approx.. 0.33
of/yr, minor non-commercial stock watering (0.05 affyr), and some outdoor irrigation (@ 2.2af/ac). As we discussed on
the phone in April, so long as the footprint (overlying non-trib aquifer) of the subdivided parcel is adequate to meet the
water demands of the SFH and outdoor uses, there is no need to go through with the adjudication process (i.e., water
court, etc.). This would only be needed if there was a need to transfer some of the adjudicated water from one parcel to
another if parcel size was an issue.
So in summary, Weld County has confirmed that a demonstration of a 300 -year water supply is not a requirement of an
application for a minor subdivision. Also, I know the DWR usually refrains from making a determination of "proof of
water" for a division of land prior to a thorough review of the application conducted at the request of the
County. However, based on what we have discussed with you and what you have researched regarding this parcel and
existing well, do you foresee any significant roadblocks with the proposed plan of re -permitting the existing exempt well
and filing for two additional non-trib exempt wells? All parcels will be of sufficient size to provide an adequate water
supply for a single family home and some minor outdoor uses (i.e., irrigation and non-commercial stock
watering). Hopefully, Weld County's confirmation is helpful and please let me know if you see any issues with our plan
as my client is preparing to begin the minor subdivision application process.
Thanks again for all your help and guidance!
Sincerely,
1
Jennifer Vecchi
From:
Sent:
To:
Cc:
Subject:
Jennifer:
Diana Aungst <daungst@co.weld.co.us>
Wednesday, November 09, 2016 9:08 AM
Jennifer Vecchi
Michelle Martin; Bob Choate; Tom Parko Jr.
Minor Subdivision and Wells
I received communication from the attorneys office today and have been told that the use of wells in a minor subdivision is
something that is not yet determined. The attorneys office needs some time to research further.
Feel free to contact me with any questions.
Regards,
Diana Aungst, AICP, CFM
Planner 11
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
970-400-3524
Fax: (970) 304-6498
daundst@weldgov.com
www. weldgov. corn
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
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1
Jennifer Vecchi
From: Diana Aungst <daungst@co.weld.co.us>
Sent: Tuesday, November 08, 2016 8:43 AM
To: Jennifer Vecchi
Cc: Michelle Martin
Subject: Minor Subdivision - Adequate Water Supply
Attachments: Code section for water in Minor Subs.docx; CRS Title 29-20-301 to 29-20-306.pdf
Jennifer:
Per our conversation individual water wells do not meet the definition of "adequate water supply" for a minor
subdivision. However, Weld County will accept one well serving 3 homes.
Thanks,
Diana Aungst, AICP, CFM
Planner 1I
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
970-400-3524
Fax: (970) 304-6498
daungst weldgov.com
www. weldgov. corn
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and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication In error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
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Branden
From: Bob Choate
Sent: Wednesday, June 08, 2016 10:20 AM
To: Michelle Martin <mmartin@co.weld.co.us>
Subject: RE: Confirmation of Water Requirements for Minor Subdivisions
Michelle,
I looked into the water sufficiency for this minor subdivision previously, and so I'll give you my referral. Ms. Vecchi is
correct that there is no 300 -year water supply requirement for minor subdivisions. However, my understanding is that
the property owner intends to use an exempt domestic well to supply water to all three parcels. After consultation with
the State Engineer's Office, this is not acceptable. Although a domestic well permit allows the provision of water for up
to three homes, they cannot be located on separate parcels. The purpose is to ensure that domestic well permits are not
used to supply subdivisions with water, as domestic wells have no decreed water rights associated with them. The
property owner will need to provide an appropriate non-exempt well permit, which will likely require him to dedicate
whatever water rights are required by the State Engineer's Office. Once he provides such a permit, I recommend that
the plat show appropriate easements for placement and service of the water lines to the well, and that he condition the
sale of the parcels on the execution of a community maintenance agreement, in order to ensure that the costs are
appropriately shared amongst the users.
Let me know if you need anything further on this.
Thanks,
Bob Choate
Assistant Weld County Attorney
1150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoatena weldgov.com
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is attorney privileged and confidential, intended only for the use of the individual or
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prohibited. If you have received this email in error, please notify us immediately by
replying and delete the message. Thank you.
From: Michelle Martin
Sent: Tuesday, June 07, 2016 3:06 PM
To: Bob Choate <bchoate@co.weld.co.us>
Subject: FW: Confirmation of Water Requirements for Minor Subdivisions
Hi Bob,
Can you look at the attached letter and let me know your thoughts.
Thank you.
2
Michelle Martin
Planning Manager
1555 N 17th Ave
Greeley, CO 80631
mmartin@co.weld.co.us
PHONE: (970) 400-3571
FAX: (970) 304-6498
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jennifer Vecchi[mailto:vecchiassociates@comcast.net]
Sent: Tuesday, May 31, 2016 9:01 AM
To: Michelle Martin <mmartin@co.weld.co.us>
Cc: 'Pechin Dave' <davepechinPgmail.com>; 'Sandy Pechin' <sandy.pechin@deereault.com>; 'Branden Effland'
<branden.effland@deereault.com>
Subject: Confirmation of Water Requirements for Minor Subdivisions
Hi Michelle,
Per our previous conversation and your voice message, please see the attached letter requesting confirmation of
the water requirements for subdivisions in Weld County, in particular, the differentiation for PUD's. Please
send me confirmation at your earliest convenience. Thank you for your consideration.
Best regards,
Jennifer
3
VECCHI & ASSOCIATES, LLC
P O. Box 1175 Longmont, Colorado 80502- 1 175 Phone 303-774-0173 Fax 303-774-0173
May 31, 2016,
Ms. Michelle Martin
Weld County Planning Manager
1555 N 17th Ave
Greeley, CO 80631
RE: Confirmation of Water Requirements
Dear Michelle,
Per our conversation and my previous discussion with Lauren Light from the Environmental Health
Department, please confirm the following:
1. The only requirement for a 300 -year water supply for new development that is referenced in the
Weld County Code is for Planned Unit Developments (PUD's) in Section 27-2-270.- Public
water urovisions as stated below:
Sec. 27-2-170. - Public water provisions.
PUDs must be capable of meeting state drinking water regulations (Colorado Primary Drinking
Water Regulations) and have adequate provisions for a three -hundred -year supply of water,
except Commercial and Industrial PUDs using the upper Laramie formation within the Cheyenne
Basin north of the South Platte River, which shall have a one -hundred -year supply of water.
Water systems, including wells, which rely upon Denver Basin aquifers shall also acquire and
incorporate into a permanent supply plan alternative renewable water sources to ensure water
supplies for the future.
2. Provided a development project is not a PUD. the 300 -year water supply requirement does not
apply to Subdivisions, including Minor Subdivisions. Subdivisions that are not subject to this
requirement, must comply with Section, 24-3-50 — Final Plat and Section 24-7-80 — Water
Supply, which require evidence of sufficient quality, quantity and dependability and approval
from the State Engineer for well permits.
Please confirm at your earliest convenience. Thank you for your consideration.
Sincerely,
Vecchi & Associates, LLC
fer E. V
icipal
hi, AICP, LEED AP BD+C
MEMORANDUM
TO: PRE16-0005; Case File, pre -application
DATE: January 21, 2016
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre -Application Meeting prior to submitting
Minor Subdivision for 3 Residential Lots
Attendees:
Bruce Wilson, Applicant
Dave, Applicant
Lauren Light, Environmental Health
Diana Aungst, Planning
Wayne Howard, Engineering
Kris Ranslem, Planning
Michelle Martin, Planning
On Thursday, January 21, 2016 an informal discussion took place at the Greeley Administrative Offices
Conference Room regarding a proposed 3 lot subdivision. (The legal description is Lot A RE -3975; Part NE4
Section 17, T2N, R66W of the 6'h P.M.; Situs Address is 13756 CR 22)
Background Information:
The current parcel is 24 acres in size. The applicants are proposing to divide the property into three (3) lots
for residential properties. The minimum individual lot size would be 5 acres.
The current Well Permit No. 262635 is permitted for three (3) homes. All lots will include their own individual
septic system.
Building Department
Staff was unavailable; however please contact Jose Gonzalez at 970-353-6100 ext. 3540 for further direction.
Health Department
Sewage disposal information to include: Include in application how sewage disposal will be accommodated.
Residential septic systems will be installed. There is a house on the southern section which appears to have
permit G9900645. Will need soils information on 20% of the proposed lots and can use the existing septic
permit for this information.
Potable water information to include: Include in application how potable water will be provided. Existing
house is on a well which will be shared between all lots. Provide easements for water lines and a shared well
agreement.
Public Works
County Road 22 is a paved road and is designated on the Weld County Road Classification Plan as a arterial
road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate on the site map the
future and existing right-of-way. If the existing right of way cannot be verified it shall be dedicated. All
setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County.
TRAFFIC REQUIREMENTS:
Lower traffic trips (well under 100 round trips per day)
1. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups,
Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and 1 trip out of site)
2. Describe the expected travel routes for site traffic.
3. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20%
from the south, 30% from the east, etc.)
4. Describe the time of day that you expect the highest traffic volumes from above.
The engineer will review the narrative and advise the applicant if more information or an engineered traffic
study is required.
ACCESS:
Weld County Engineering Criteria: Table 6-2 Access SpacinI Criteria
Access Element
Arterial
Collector
Local
Minimum distance between intersections
Signalized
Unsignalized
2640 ft
1320 ft
N/A
1320 ft
N/A
330 ft
Minimum distance between low volume accesses
660 ft
660 ft
150 ft
Minimum distance between low volume accesses and intersections
(preferred minimum per Public Works)
660 ft
660 ft
330 ft
Minimum distance between driveways (subdivisions)
660 ft
330 ft
75 ft
Minimum distance between low volume accesses and driveways
660 ft
330 ft
150 ft
Minimum corner clearance between driveways and intersections
660 ft
330 ft
330 ft
Notes:
21. Distances are measured as separation between access point centerlines.
22. If proposed access points to a property fall under multiple spacing criterions, the County may require the larger spacing
be used.
23. Low volume access is defined as access with daily traffic volumes between 21 and 99 vehicles.
24. Low volume accesses may be restricted (now or in the future) to right -in, right -out movement.
25. A field access or driveway is defined as 20 trips per day or less.
An access permit has been approved by the Public Works department for the access to the site Click here to
enter text.
An Access Permit is required. 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. For new
accesses and/or change of use of an existing access, the fee and photos are required (photo looking left
and right along roadway from the access point and looking into the access point). These photos are used
to evaluate the safety of the access location. Access permit instructions and application can be found at
http://www.co.weld.co.us/Deoartments/PublicWorks/Permits/Aoolications.html. 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
htto://www.co.weld.co.us/Departments/PublicWorks/EngineeringandRightofWav/EngineerinoCriteriaandP
olicies.html. 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. Application Fee: temporary $75, single residential $75, small commercial $75, industrial
$150, field $0, large commercial $150, subdivision $150.
Entrance gates (if applicable) must be set back a minimum of 100 ft from edge of existing shoulder of roadway
to allow a truck and trailer or RV to pull completely off of the roadway and open the gate. In no case shall any
vehicle(s) stopped for gate create a safety issue for roadway users.
Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are
listed below. Temporary Tracking Control shall be used during construction unless permanent tracking control
is installed ahead of construction activities..
20 to 50 passenger vehicle round trips/day or less than 4 truck round trips/day:
• Access onto gravel roads includes 50 ft of road base or recycled asphalt.
• Access onto paved roads includes 100 ft of road base or recycled asphalt.
`Recycled concrete is not allowed in County ROW
`"Tracking control devices can be double cattle guards or other specialized device
*** Tracking control for unmaintained public ROW is required just prior to entering publically maintained
roadways.
A variance request for alternatives to the above tracking control can be submitted to the Traffic Division of
Public Works for review and consideration.
An Subdivision Improvements Agreement between the Applicant and the County will be required for this
project. It will detail the onsite and if offsite improvements will be triggered.
Improvements/Road Maintenance Agreement: An example agreement is available at:
http://www.co.weld.co. us/Departments/Plann ingZoninq/Land UseApolicationsAssistance/Appl icationAssistance
.html
An Improvements Agreement is required for sites with required offsite improvements. Collateral isrequi•ed
to ensure the improvements are made.
Road Maintenance will be included as a section of the Improvements Agreement when the County feels that
the site activities may impact the County roadways. Possible mitigations included in the road maintenance
agreement may include but are not limited to: dust control, specified haul routes, damage repairs, and future
improvement triggers.
PLANNING/ENGINEERING DEPARTMENT
The project appears to fall under a detention exception shown below. The drainage code is available on the
Planning -Engineering website at the following link
http://www.co.weld.co.us/Departments/PlanningZoninc/Enoineerina.html. A list of professional engineering
consultants is also available on the webpage if you need help finding an engineer to assist you with your
project. Please contact the Department of Planning Services/Development Review Engineering for questions
or assistance 970-353-6100.
Detention pond summarized in a drainage report is required unless the project falls under an exception to
stormwater detention requirements per code section 23-12-30 F.1.
1. Drainage narrative requirements with exception from detention pond.
The drainage narrative must describe at the minimum:
1. Which exception is being applied for and include supporting documentation.
2. Where the water originates if it flows onto the property from an offsite source
3. Where it flows to as it leaves the property
4. The direction of flow across the property
5. If there have been previous drainage problems with the property
DRAINAGE CODE REQUIREMENTS (informational only):
Section 23-12-30.
F. Exceptions.
Drainage Policy.
1. EXCEPTIONS TO STORMWATER DETENTION SHALL NOT JEOPARDIZE THE PUBLIC HEALTH, SAFETY,
AND WELFARE OF PUBLIC AND PRIVATE PROPERTY AND SHALL BE LIMITED TO THE FOLLOWING:
a. No stormwater detention will be required for sites that meet any of the following conditions. Requirements of
the Municipal Separate Storm Sewer System (MS4) areas remain applicable.
1) Use by Right or Accessory Use in the A (Agricultural) Zone District.
2) Zoning Permits in the A (Agricultural) Zone District.
3) A second dwelling permit in the A (Agricultural) Zone District.
4) Towers including, but not limited to, cell, wind, and telecommunication towers.
5) Pipelines or transmission lines.
6) Gravel pits if the stormwater drains into the gravel pit.
T) ` Reside a ieloprrten whhere all he following cdndih n ,exist::
Aj , Niiie (9) lots o'�wer.
8) Development of sites where the change of use does not increase the imperviousness of the site.
9) URBANIZING areas where the total project stormwater runoff of less than, or equal to, 5 cubic feet
per second (cfs) for the 1 -hour, 100 -year, storm event.
10) NON -URBANIZING areas where the total project stormwater runoff of less than, or equal to, 10 cfs
for the 1 -hour, 100 -year, storm event.
11) Parcels with total area less than, or equal to, a 1.0 gross acre.
12) Individual parcel with an unobstructed flow path and no other parcel(s) between the Federal
Emergency Management Administration (FEMA) regulatory floodplain channel and the project.
13) A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is allowed a
onetime exception for a new 1,000 sq ft building or equivalent imperviousness.
14) A parcel greater than 5 gross acres in size is allowed a onetime exception for a new 2,000 sq ft
building or equivalent imperviousness.
15) Approved by a variance.
The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the
property.
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are
accepted after the planning process is complete (map recorded). An Early Release Request Form may be
entertained only after the applicant and Planning Department have reviewed the referral and surrounding
property owner comments. The Early Release Request may or may not be granted depending on referral
comments and surrounding property owner concerns. Contact an Engineering representative from the
Planning Department for more information. Application Fees: 1-5 Acres/ $50, 5.1 - 20 Acres/$100, 20.1 Acres
or Greater/$200 + $1 per acre over 20.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, Rik Gay, 303-692-
3575.
A Site Plan will be required identifying the following (if applicable):
o Show and label location of existing road Right -of -Way, future road Right -of -Way, and Easements
o Show and label the drainage flow arrows showing how the stormwater flows across the property
o Show and label location of the access and label with access permit number
o Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property
o Show and label the access turning radii (25 feet for passenger vehicles/60 feet for trucks)
o Show and label the approved tracking control
Planning Department
Staff urged the applicant to contact staff for any questions:
Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m. or contact Diana Aungst at 970-353-
6100 ext. 3524 or daunastCcilweldoov.com
Staff will visit with the County Attorney to determine which application submittal is best suitable for the
applicant's request and will follow-up with written correspondence.
Staff explained the PUD (Planned Unit Development) process. There are 3 steps to the process: 1) Sketch,
2) Change of Zone, and 3) Final Plan. The applicant shall submit 1 packet for a 7 day completeness review at
each step in the process. After the 7 day completeness review the applicant will be informed of what items are
still required to make the application complete. Staff requested that the applicant submit the remaining
material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28
days. The applicant will then meet with their Planner to discuss the referrals and address as many of the
referrals as possible. The Sketch Plan is an administrative process. The Change of Zone is required to be
heard by the Planning Commission and Board of County Commissioners. If a Specific Development Guide is
submitted at the Change of Zone step the Final Plan shall be administratively reviewed if granted by the Board
of County Commissioners. If a Conceptual Guide is provided at the Change of Zone step then a hearing
before the Board of County Commissioners will be required.
Staff explained the Minor Subdivision process. There are 3 steps to the process: 1) Sketch, 2) Change of
Zone, and 3) Final Plan. The applicant shall submit 1 packet for a 7 day completeness review at each step in
the process. After the 7 day completeness review the applicant will be informed of what items are still required
to make the application complete. Staff requested that the applicant submit the remaining material in
electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The
applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as
possible. The Sketch Plan is an administrative process. The Change of Zone is required to be heard by the
Planning Commission and Board of County Commissioners. If a Specific Development Guide is submitted at
the Change of Zone step the Final Plan shall be administratively reviewed if granted by the Board of County
Commissioners. If a Conceptual Guide is provided at the Change of Zone step then a hearing before the
Board of County Commissioners will be required.
The above notes are provided as a courtesy to the applicant. While we strive to help identify as many
potential issues upfront during the pre application meeting we cannot anticipate every issue that may come up
during the formal application process. The information contained herein has been placed on file with the
Department of Planning Services. The pre -application is valid for a period of one (1) year from the date of pre -
application. If a formal application is not received following the time period specified herein the Planning
Department reserves the right to require a new pre -application meeting. Please note that eland use, building
and impact fees are subject to change throughout this time period.
End memorandum.
Chloe Rempel
From:
Sent:
To:
Subject:
David and Sandra Pechin
P.O. Box 1912
Longmont, CO 80502
David and Sandra Pechin:
Chloe Rempel
Wednesday, August 30, 2017 10:17 AM
'sandy.pechin@deereault.com'
Pechin Minor Subdivision
Thank you for contacting the Weld County Clerk to the Board's Office in service of the Weld County Board of
Commissioners. We have received your letter of concern regarding a minor subdivision request, and are
processing it. As you know, the issue you raised is under the jurisdiction of the Weld County Department of
Planning. The department head, Tom Parko, is directly accountable to the Weld County Board of
Commissioners. Your letter is being forwarded to both the County Commissioners and Tom Parko, Department
of Planning. You can expect a response shortly. Once your letter of concern has been reviewed, the letter itself
and the Weld County response will be listed on the Weld County Board of Commissioner's agenda as an item
of communications.
You can reach the Department of Planning at (970) 356-4000, extension 3520.
If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4225.
Very truly yours,
Chloe A. Rempel
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4225
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