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Weld County Referral
Tr = August 18, 2010
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The Weld County Department of Planning Services has received the following item for review:
Applicant Kurt& Becki Schwader I Case Number USR-1759
Please Reply By September 17, 2010 Manner Michelle Martin
Project A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts, (heating and air conditioning business) in
the A (Agricultural) Zone District.
Legal Lot A RE-2139 being part of W2 NW4 of Section 14, T4N, R68W of the 6th P.M.,
Weld County, Colorado.
Location South of and adjacent to CR 46; East of and adjacent to 1-25 Frontage Rd.
'ID Parcel Number 1061 14 200041
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.
D 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.
74 See attached letter.
Comments:
Signature Gi. cf.rr�-, C-.�` Date 9 13 - JO
• Agency T u k (Ac c &,p-,k % EXHIBIT
i4
+Weld County Planning Dept. 41555 N 17'°Ave, Greeley,CO. 80631 4(970) 353-6100 ext.3540 4(97C'
2010-3010
• Weld County Planning Department
GREELEY OFFICE
SEP 17?01n
MEMORANDUMRECE0VED
TO: Michelle Martin, Planning Services DATE: September 13, 2010
IIIDCFROM: Heidi Hansen, P.E., Public Works Department a.
COLORADO SUBJECT: USR-1759, Kurt & Becki Schwader
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:
Weld County Road Classification Plan (FHU):
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state
highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350-2163) to
verify the access permit or for any additional requirements that may be needed to obtain or upgrade the
permit. (1-25 Frontage Road)
WCR 46 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.
Access:
The applicant has indicated that the main access to the property is off of the 1-25 frontage road. The
private residential driveway from WCR 46 is gated and would not be used for any commercial access.
There is one other access onto WCR 46 along the eastern property line that is only for emergency vehicle
access.
1. The applicant shall utilize the existing accesses to the property. No new accesses will be
granted.
2. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt,
concrete or the equivalent and shall be graded to prevent drainage problems.
3. 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.
Storm Water Drainage:
The on site activity is very low impact as there is no outdoor storage related to the business and no large
commercial vehicles.
1. 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
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
• unplanned ponding of storm run-off.
M.APLANNING—DEVELOPMENT REVIEW VUSR-Use by Special Review VUSR-1759 Schwader Heating&ACAUSR-1759.docx
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-1759
•
•
M VPLANNING--DEVELOPMENT REVIEW/MISR-Use by Special Review VUSR-1759 Schwader Healing&ACAUSR-1759.docx
Kik ‘He MEMORANDUM
To: Michelle Martin, Planning Services
From: Lauren Light, Environmental Health Services ,1/4
•
COLORADO Subject: USR-1759 Schwader
Date: September 15, 2010
Environmental Health Services has reviewed this proposal for a heating and air
conditioning business. The application indicates that there are a total of 18 employees
however; thirteen employees do not come to the site. There are two full time office
employees who stay on site and three installers who come to the property to pick up
equipment and go to the job site.
There is a home located on site which is served by an individual sewage disposal
system (permit #SE-9800012). According to this Departments records, the septic
system is undersized for the existing 3 bedroom house. The septic system is required
• to be evaluated by an engineer if it will be utilized for business use or a new septic
system can be installed for business use.
Water to the site is provided by Little Thompson Water District and is limited to
residential single family. Written documentation from Little Thompson Water District
allowing commercial use of the existing tap is required.
Additional information regarding waste handling is necessary. For example; what items
are stockpiled and where are those items stored prior to transport to Anderson salvage?
The application indicates that Gallegos Sanitation provides waste disposal services.
A dust abatement plan is required. The plan can contain items such as watering if
necessary and/or keeping vehicles at low speeds and utilizing recycled asphalt on
drives and parking areas.
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 the applicant intends to utilize the existing septic system at the
home, for business use, the septic system shall be reviewed by a Colorado
Registered Professional Engineer. 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. Alternately, a new septic system can be installed for office use.
3. The applicant shall submit written evidence from Little Thompson Water District,
demonstrating that the existing tap can be utilized for business use.
4. 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).
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.
•
2
4. The applicant shall operate in accordance with the approved "waste handling
plan", at all times.
5. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
The facility shall be operated in accordance with the approved "dust abatement
plan", at all times.
6. 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.
7. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency.
8. All potentially hazardous chemicals must be handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All
chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations.
• 9. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times.
10.Sewage disposal for the facility shall be by septic system. Any septic system
located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems.
11.A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply. (Little
Thompson Water District)
12.Installation of any air conditioning or air handling equipment that uses ozone
depleting refrigerants will require analyses for possible registration in the
CDPHE-APCD, CFC Program, as defined in Regulation No. 15 "Control of
Emissions of Ozone Depleting Compounds", of the Air Quality Control
Commission.
13.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
•
3
• • Print Form
Weld County Referral
August 17, 2010
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Kurt& Becki Schwader Case Number USR-1759
Please Reply By September 17, 2010 Planner I Michelle Martin
Project A Site Specific Development Plan and Use by Special Review Permit for a Use
I Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts, (heating and air conditioning business)in
the A(Agricultural)Zone District.
Legal Lot A RE-2139 being part of W2 NW4 of Section 14, T4N, R68W of the 6th P.M.,
Weld County, Colorado.
Location I South of and adjacent to CR 46; East of and adjacent to 1-25 Frontage Rd.
• Parcel Number 1061 14 200041
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.
Et See attached letter.
Comments:
Please see the attached memorandum.
Signature l k Date 08/18/2010
Agency Zoning Compli t ce •ff er II
•
+Weld County Planning Dept. +1555 N 17'"Ave,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
• •
MEMORANDUM
• vise
COLORADO
To: Michelle Martin, Planner August 25, 2010
From: Bethany Salzman, Zoning Compliance Officer
Subject: USR-1759 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV09-00371)was noted. This
violation was initiated due to the operation of a heating&air repair/installation company and commercial
storage without first submitting and completing the necessary Weld County Zoning Permits. This case
was presented to the Board of County Commissioners through the Violation Hearing process on April 13,
2010. At that Violation Hearing, the Board of County Commissioners referred this case to the County
Attorney's Office, but delayed legal action for 60 days (06/14/10). Since the extension granted by the
Board of County Commissioners expired, the investigation fee is required.
Complaint turned in by the Building Inspection department.
This application if approved by the Board of County Commissioners and once a plat is recorded will
correct the violation. If this application is denied,the commercial business and storage shall be removed
from the property within 30 (thirty) days or the Violation case will proceed accordingly through the Court
process.
•
• SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEPARTMENT OF PLANNING SERVICES
6 1555 N 171° Avenue
GREELEY, COLORADO 80631
• PHONE (970) 353-6100, EXT.3540
FAX(970) 304-6498
WI`PC.
COLORADO
September 3, 2010
Applicant: Kurt& Becki Schwader
Project: A Site Specific Development Plan and Amended Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts, (heating and air conditioning business) in the A (Agricultural) Zone District
Case Number: USR-1759
Parcel Number: 1061 14 200041
1. Building permit, building inspections passed and a Certificate of Occupancy shall be obtained
prior to occupancy for a change of use for the building. An application and building permit is
• required for each structure. A plan review is required for each building or structure for which a
building permit is required. Two complete sets of plans are required when applying for each
permit. Include a Code Analysis Data sheet for the Weld County Building Department for each
structure that requires a permit. Submittal plans shall include a floor plan showing the specific
uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed
Architect or Engineer.
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; 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.
3. All building plans shall be submitted to the Frederick Area Fire Protection District for review
and approval prior to issue of Building Permits,
Regards,
Ken Swanson
Weld County Building Official
970-353-6100 ext. 3548
•
• •
Michelle Martin
om: Hice-Idler, Gloria [Gloria.Hice-Idler@DOT.STATE.CO.US]
nt: Wednesday, August 18, 2010 1:34 PM
To: Michelle Martin
Subject: USR-1759/Schwader
Michelle,
I have reviewed the above proposal.
Since it doesn't appear that the existing traffic is proposed to increase, CDOT wouldn't have the warrant necessary to re-
evaluate the access. So, we don't have any comment.
Having said that, I'm a little curious about the accesses onto the frontage road. They only show one, but there looks like
there may be two. If there were two, we couldn't require that one be closed at this time, but in the future we would like to
see the one closest to the county road removed.
Gloria Hice-Idler
Permit Supervisor
CDOT Region 4
1420 2nd Street
Greeley CO 80631
(970) 350-2148
•
•
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