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Home My WebLink About20110774.tiff aoWeld County Referral 41" December 10, 2010 F ICI 11 L r C. COLORADOk.a DEC t 4_ !0 ni The Weld County Department of Planning Services has received the following item f rrev e4t✓ Applicant Jack & Heddy Cary Case Number USR-1768 Please Reply By January 10, 2011 ; Planner Tom Parko Project A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (fork lift business) and one (1) Single-Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (2od dwelling unit) in the A (Agricultural) Zone District. Legal Lot A RE-4821; located in Part of the NW4 Section 2, Ti N, R67W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to State Hwy 52; east of and adjacent to CR 21. • Parcel Number 1469 02 000074 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. You will be notified in writing of the Planning Commission date once the date is determined. ❑ 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. S See attached letter. Comments: EXIT Signature Date " // • Agency tt& kbic h)orkS •:•Weld County Planning Dept. 91555 N 17'"Ave, Greeley, CO.80631 •:•(970)353-6100 ext.3540 9(970): 2011-0774 Weld County Planning Department GREELEY OFFICE • M4I1 "11 WlEMORAN 4KWICEWEh1EMORANDUM TO: Tom Parko, Planning Services DATE: January 6, 2'0111' WIlDa FROM: Heidi Hansen, P.E., Public Works Department 4 #- COLORADO SUBJECT: USR-1768, Jack & Heddy Cary The Weld County Public Works Department has reviewed this proposal. This project falls under the Use by Special Review Standard, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Staff comments made during this phase of the Use by Special Review process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways (State Highway 52). The applicant has provided a letter from CDOT stating that they have no requirements for the continued use of this access until the future buildings shown on the plat are constructed. WCR 21 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in • the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The site is under the jurisdiction of Weld County in regards to Storm Water Drainage requirements. The County can require an Engineered Drainage Report but for this project the full report was waived. The applicant is instead responsible for answering the attached questions about stormwater on their property and they must provide a water quality depression. Weld County utilizes the procedures from the Urban Drainage District to size the area for water quality. Please see the attachments showing the procedures for calculating the required size of the Water Quality Depression. The depression should be placed downstream of the equipment parking area and be 1-2 feet deep. The area must be shown on the final plat. An existing on-site depression or sump area may be used if it meets the required volume. Please contact Heidi Hansen (970-304-6496 x3750) for assistance in sizing the area or with any questions. REQUIREMENTS: 1. At the time of construction of the proposed additional buildings on site the applicant is required to obtain an access permit from the Colorado Department of Transportation. 2. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. 3. The applicant must provide a Water Quality depression to control stormwater runoff from the site. 4. The applicant must show their water quality area on the final plat. The area should be called out • as "Water Quality, No Build or Storage Area" 5. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the M VPLANNING—DEVELOPMENT REVIEW VIJSR-Use by Special Review VUSR-1768 Cary Forklift Repair AUSR-1768.docx • type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. 6. Please add the following note to the final plat: "Weld County is not responsible for the maintenance of drainage related features." Flood Hazard Development Standards: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: USR-1768 • • M\PLANNING—DEVELOPMENT REVIEW11SR-Use by Special Review\USR-l768 Cary Forklift Repair\USR-1768.docx • MEMORANDUM I TO: TOM PARKO, PLANNING SERVICES C. FROM: MARY EVETT, ENVIRONMENTAL HEALTH SUBJECT: SR-1768 CARY COLORADO DATE: JANUARY 10, 2010 Environmental Health Services has reviewed this proposal for a fork lift repair and sale business. There is an existing home, office and shop buildings on the property. The applicant has future plans to build a 2nd dwelling for a family member and a new metal shop. The application indicates that there are three employees at the site which include the applicants, who reside at the property, and their son who does not live on-site. There is an existing septic system (Permit F-19810007) that was permitted for a 3 • bedroom residence (6 people). There will be clients who come to the site and they must have access to potable water, restroom and hand washing facilities. The existing restroom must be made available for use. The existing septic system will require an engineer's review to ensure there is sufficient capacity to serve the proposed business if the usage exceeds 6 people. Water is supplied by an individual well (Permit No. 92145-A) and is permitted for domestic and livestock purposes. In a letter by the Colorado Department of Natural Resources, Division of Water Resources, dated January 30, 2009, the water from this well may be used for drinking and sanitary purposes by delivery drivers or other persons arriving at the property for business purposes. The use of the domestic well for any other purpose, such as vehicle washing or dust control, would be prohibited. A commercial well would be required for business usage other than drinking, sanitary and watering of livestock. According to the application, the well may serve up to 3 residences; however, Well Permit No. 92145-A does not specify the number of homes the well may serve. If the existing well is proposed to be used for the 2"d dwelling, written documentation from the State Division of Water Resources is required to verify the well is appropriately permitted for more than one dwelling. As there will be maintenance performed on site, a detailed waste handling plan is required. According to the application, Tri-State Oil removes waste oils and Waste • • • • Connection of Colorado removes garbage from the site. The waste handling plan shall also include quantities and disposal of other vehicle and equipment parts, such as tires and batteries. The waste handling plan should include how hazardous material spills will be contained and disposed of. If there are floor drains in the vehicle and equipment maintenance shop, the floor drain wastes shall be captured in a watertight vault and hauled off for proper disposal. A dust abatement plan is required for on-site dust control. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 2. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of • the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas should be designated on the plat. 3. In the event the applicant intends to utilize the septic system at the existing home for clients needs, the septic system shall be reviewed by a Colorado Registered Professional Engineer if the usage exceeds 6 people. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. 4. If the existing well is proposed to be used for the 2nd dwelling and for purposes other than drinking, sanitation and watering of livestock , such as dust control and washing vehicles, written documentation from the State Division of Water Resources is required to verify the well is appropriately permitted for the proposed use. 5. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from the EPA that • 2 • they are not subject to the EPA Class V requirements. (New EPA rule effective 4/5/2000). 6. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). 7. The applicant shall submit documentation that floor drain wastes from any vehicle maintenance facility is captured in a watertight vault and hauled off for proper disposal. We recommend that the following requirements be incorporated into the permit as development standards: • 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan", at all times. 5. Any vehicle washing area(s) shall capture all effluent and prevent discharges from washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. • 3 • The facility shall be operated in accordance with the approved "dust abatement plan", at all times. 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. 8. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 10.A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 11. Floor drain wastes shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 12.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. • Additionally, please note the following: 1. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. • 4 DEPARTMENT OF PLANNING SERVICES 6 1555 N 17th Avenue 114 GREELEY, COLORADO 80631 • PHONE (970) 353-6100, EX. 3540 FAX(970) 304-6498 COLORADO Date: 1/4/11 Applicant: Jack & Heddy Cary Project: A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory use or Use by Special Review in the Commercial or Industrial Zone Districts (fork lift business) and one(1) Single-Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (2nd dwelling unit) in the A (Agricultural) Zone District. Case Number: USR-1768 Parcel Number: 1469 02 000074 Narrative: According to the narrative provided by the applicant, new construction is proposed and • change of use which requires building permits. 1. Building permits are required for structures which required permits or change of use for existing structures. 2. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Residential Code; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. Regards, Ken Swanson Weld County Building Official 970-353-6100 ext. 3548 • �4;�F ��O,P DEPARTMENT OF NATURAL RESOUIZCES � ��' o DIVISION OF WATER RESOURCES * * * * December20, 2010 B`�1R'rte`,�`. * �876 �c Governor Harris D.Sherman Tom Parko, Planner ExecutiveDirector Weld County Department of Planning Services D;�k woipe,�.E. 1555 N 17'h Ave Weld County Pl�nutg��rHn�eer Greeley, CO 80631 GREELEY OFFICE RE: Jack & Heddy Cary, Case No. USR-1768 �r�;� ? f??f110 Sec. 2,T1N, R67W, 6`" P.M. Water Division 1, Water District 2 ��0/�1'ti N L�� Dear Mr. Parko: We have reviewed the above referenced application for a Site Specific Development Plan and Use by Special Review Permit to operate a forklift repair/refurbishment business and to build a second dwelling on the 18.44-acre property in the future. The submitted material does not 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 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The submittal indicates that water is currently supplied to the property from an existing on-lot well, permit no. 92145. This well was late registered for domestic and livestock watering uses. The number of • homes served by the well prior to May 8, 1972 appears to be one (1). The use of this well for commercial purposes is not allowed under its current permit. A commercial well permit must be obtained if water is used in support of the commercial business in any way, including by an employee who resides offsite. A commercial exempt permit may be available for this site; however a non-exempt permit would need to be obtained to allow water from the well to also be used for lawn or garden irrigation and/or the watering of domestic animals. Additionally, the use of this well to serve a second dwelling would be considered an expansion of use and would require the well owner to obtain a new non-exempt permit for the well. Information available in the State Engineer's Office shows that this well is constructed to a depth of 670 feet and likely withdraws water from the nontributary Laramie-Fox Hilis aquifer. The ability for the applicant to obtain a non-exempt well permit will be evaluated at the time that a well permit application is submitted. Based on the above information, it is our opinion that the proposal will cause material injury to occur to decreed water rights unless the applicant obtains and maintains a valid non-exempt well permit for the existing well. If you or the Applicant has any questions, please contact me at this office. Sincerely, ��lN'�"�'` Joan a Williams, P.E. er Resource Engineer Cc: Scott Edgar,Water Commissioner • JW/skr/USR 1768 Office of the State Engineer 1313 Sherman Street,Suite 818• Denver,CO 80203• Phone:303-866-35S1•Fax:303-S663589 www.water.state.co.us Hello