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HomeMy WebLinkAbout20201688.tiff MEMORANDUM TO: Kim Ogle, Planning Services 1861 fr FROM: Melissa J King, PE, Public Works DATE: April 9, 2020 I- O U_ r - SUBJECT: USR20-0006 Faudoa 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 GENERAL PROJECT INFORMATION/LOCATION Project description: Site Specific Development Plan and Use by Special Review Outside of Subdivision and Historic Townsites for a Home Business, Granite and Stone Cutting and Fabrication in the A(Agricultural) Zone District This project is south of CR 2 % and is west of CR 29. Parcel number 147132400054. Access is from CR 2 '/ and CR 29 . ACCESS Weld County Public Works has reviewed the application materials related to access. Existing unpermitted access for this parcel exists on to County Road 21/2 and County Road 29. The existing unpermitted access on to County Road 29 is approximately 440 feet south of the intersection of County Road 29 and County Road 2 '/2 . This existing unpermitted access meets minimum spacing criteria as described in Table 1 below. This unpermitted existing access shall remain. The applicant shall apply for and receive an access permit for this existing unpermitted access to CR 29. The existing unpermitted access on to County Road 2 % is approximately 940 feet west of the intersection of County Road 21/2 and County Road 29. This existing unpermitted access requires an easement across the parcel due north. This existing unpermitted access does not meet the minimum spacing criteria as specified in Table 1 below in that there is less than 150 feet spacing between this access and the access directly to the west on County Road 2 % . This existing unpermitted access on to CR 2 1/2 shall be blocked, reclaimed, and not used by the applicant. As stated in the Weld County Code Section 24-8-40, "All accesses...shall endeavor to achieve the goal of no "net increase" in the number of accesses on to adjacent County roads when accesses already exist." The code further stipulates that, "Contiguous lots created through the exemption process shall, when practicable, share access." ACCESS Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized 2,640 N/A N/A Unsignalized 1,320 1,320 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure the approved accesses are compatible with your layout. Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing are shown in Weld County Code, Sec. 8-14-30 Table 1. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS-OF-WAY County Road 29 is a gravel 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. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, 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, Sec. 8-13-30.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.comidepartments/publicworks/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. TRAFFIC Latest ADT (2013) on CR 29 counted 104 vpd with 10%trucks. The 85th percentile speed is 39 mph. The traffic information submitted with the application materials indicated that there will be approximately 7 daily roundtrips of passenger cars and trucks. 100% of the traffic will be going to the south to access County Road 2. No additional traffic requirements. DRAINAGE REQUIREMENTS This area IS within a Non-Urbanizing Drainage Area: Non-Urbanizing Drainage Areas typically require detention of runoff from the 1-hour, 100-year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1-hour, 10-year storm falling on the undeveloped site for NON- URBANIZING areas. Detention pond waived and a simple drainage narrative: The applicant has submitted a drainage narrative stating that the site meets drainage exception 8. Development of sites where the change of use does not increase the imperviousness of the site. Located in Sec. 8-11-40. Drainage Policy. No additional drainage submittal requirements. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT 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 (plan recorded). An Early Release Request Form may be entertained only after the applicant, Public Works 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 Public Works for more information. 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, 303-692-3575. CONDITIONS OF APPROVAL A. The applicant shall address the concerns of the Public Works Referral relating to the access location(s). (Department of Public Works) B. The plan shall be amended to delineate the following: 1. County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. Show and label the approved access location. The applicant must obtain an access permit in the approved location(s) prior to operation. (Department of Public Works) 3. Show and label the drainage flow arrows. (Department of Public Works) 4. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Public Works) 4. 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) 5. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 6. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) MEMORANDUM TO: Kim Ogle, Planning Services 1861 fr FROM: Melissa J King, PE, Public Works DATE: March 17, 2020 I- O U_ r - SUBJECT: USR20-0006 Faudoa 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 GENERAL PROJECT INFORMATION/LOCATION Project description: Site Specific Development Plan and Use by Special Review Outside of Subdivision and Historic Townsites for a Home Business, Granite and Stone Cutting and Fabrication in the A(Agricultural) Zone District This project is south of CR 2 % and is west of CR 29. Parcel number 147132400054. Access is from CR 2 '/ and CR 29 . ACCESS Weld County Public Works has reviewed the application materials related to access. Existing unpermitted access for this parcel exists on to County Road 21/2 and County Road 29. Lot A has an existing unpermitted access on to County Road 29 approximately 440 feet south of the intersection of County Road 29 and County Road 2 1/2 . This existing unpermitted access meets minimum spacing criteria as described in Table 1 below. Lot B has an existing unpermitted access on to County Road 2 % approximately 940 feet west of the intersection of County Road 2 % and County Road 29. This existing unpermitted access requires an easement across the parcel due north. This existing unpermitted access does not meet the minimum spacing criteria as specified in Table 1 below in that there is less than 150 feet spacing between this access and the access directly to the west on County Road 2 % . As stated in the Weld County Code Section 24-8-40, "All accesses...shall endeavor to achieve the goal of no "net increase" in the number of accesses on to adjacent County roads when accesses already exist." The code further stipulates that, "Contiguous lots created through the exemption process shall, when practicable, share access." Because a shared access appears to be practicable and because the existing unpermitted access on to County Road 2 '/2 does not meet the minimum spacing, the applicant shall create a shared access on to County Road 29 at the existing unpermitted access point that is approximately 440 feet south of the intersection of County Road 29 and County Road 21/2 . ACCESS Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized 2,640 N/A N/A Unsignalized 1,320 1,320 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure the approved accesses are compatible with your layout. Per Sec. 24-8-40, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing are shown in Weld County Code, Sec. 8-14-30 Table 1. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS-OF-WAY County Road 29 is a gravel 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. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1- 90, 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 2 '/% is a gravel 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. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way)and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Sec. 23-1-90, 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. 29Per, Sec. 8-13-30.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.comidepartments/publicworks/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. TRAFFIC Latest ADT (2013) on CR 29 counted 104 vpd with 10%trucks. The 85th percentile speed is 39 mph. The traffic information submitted with the application materials indicated that there will be approximately 3 daily roundtrips. 70 % of the traffic will be going to the north and 30 % of the traffic will be going to the south. DRAINAGE REQUIREMENTS This area IS within a Non-Urbanizing Drainage Area: Non-Urbanizing Drainage Areas typically require detention of runoff from the 1-hour, 100-year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1-hour, 10-year storm falling on the undeveloped site for NON- URBANIZING areas. Detention pond waived and a simple drainage narrative: The applicant has submitted a drainage narrative stating that the site meets drainage exception 8. Development of sites where the change of use does not increase the imperviousness of the site. Located in Sec. 8-11-40. Drainage Policy. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT 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 (plan recorded). An Early Release Request Form may be entertained only after the applicant, Public Works 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 Public Works for more information. 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, 303-692-3575. CONDITIONS OF APPROVAL A. The plan shall be amended to delineate the following: 1. County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. County Road 2 % is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 3. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to operation. (Department of Public Works) 4. Show and label a 30-foot minimum access and utility easement to provide legal access to the Lot B on the site plan. (Department of Public Works) 5. Show and label the drainage flow arrows. (Department of Public Works) 6. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) Prior to Construction: A. The approved access shall be constructed prior to on-site construction. (Department of Public Works) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Public Works) 4. 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) 5. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 6. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 1Kfi1 rir I WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT r 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Kim Ogle From: Lauren Light, Environmental Health Services Date: March 26, 2020 Re: USR20-0006 Faudoa Environmental Health Services has reviewed this proposal for a Site-Specific Development Plan and Use by Special Review Permit outside of subdivisions and historic townsites for a home business, granite and stone cutting and fabrication in the A (Agricultural) Zone District. The existing residence is served by a domestic well (permit 230142) and an On-site Wastewater Treatment System (OWTS) that is permitted for 3 bedrooms (SP-0000675). The building for the business does have a restroom which is served by an OWTS that was installed without a permit and was required to be permitted retroactively. A commercial permit application was submitted (SP-1900203) however the application is missing information from the engineer such as a site plan and as built. The existing well, which is not permitted for business use, cannot be used for the business unless it is repermitted. A portable toilet will be provided for employees which is acceptable with EH policy. Dust is created by the business process however the application indicates a vacuum system or water contains the dust. The water must be hauled in from off-site unless the well is repermitted to allow business use. Fluids from the floor drain will be contained in a holding tank. We recommend that the following requirement be incorporated into the permit as a condition that must be met prior to recording the plat: 1. If the existing on-site wastewater treatment system (OWTS) for the business (SP-1900203) will be used, the existing permit shall receive final approval in accordance with current OWTS regulations. In the event the OWTS will not be utilized the permit (SP-1900203) shall be negated. Health Administration Public Health& Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services Services Education&Planning g Response cic:9/0 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470 Fax: 9/0-301-641'2 Fax: 910-304-6416 Fax: 970-304-6411 Fax. 970-304-6452 Fax: 970-304-6452 Public Health 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.) 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. 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. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 5. Any On-site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to Systems. 6. Any additional hydraulic load to the existing septic system (SP-1900203) will require an Evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County Environmental Health Department. In the event the system is found to be inadequate, the system must be brought into compliance with current Weld County On-site Wastewater Treatment System Regulations. 7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing well (permit 230142) cannot be used for the business unless it is repermitted to allow commercial use. 8. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For 2 or less full-time employees on site, portable toilets are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential properties and public rights-of-way. 9. Process wastewater (such as 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. 10. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. MEMORANDUM 1. T$ #„. - rp Y To: Kim Ogle, Principal Planner March 9, 2020 From: Bethany Pascoe, Zoning Compliance Officer Subject: USR20-0006 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV18-00159)was noted. This violation was initiated due to the operation of a granite business without first completing the necessary Weld County Zoning Permits. This case has been forwarded to the County Attorney's Office;therefore, an investigation fee IS required. Due to records release laws, staff no longer tracks complainant information, but please be aware it is staff's policy to no longer accept staff-initiated complaints. I do believe there to be multiple complainants. Approval of this application by the Board of County Commissioners would correct the violation;however, neither the violation case(ZCV18-00159), nor the associated court case(19-C-35615)can be dismissed until the Conditions of Approval have been completed and the final map has been recorded. If this application is denied,this case will continue through the Violation process in County Court, Division C (19-C-35615). The following conditions were called out on the court ordered Motion and Stipulated Agreement. Defendant agrees to diligently purse the Use by Special Review(USR)application process through the Department of Planning Services and eventually the Board of County Commissioners. Defendant agrees to supply any missing or clarifying paperwork as requested and to attend scheduled hearings/meetings in order to process this USR application. If this USR application is approved an amended Stipulated Agreement (to allow time to complete all conditions of approval and record the final map)will be entered. If this USR application is denied, all commercial operations and associated storage shall be removed from the property on or before August 28, 2020. Our next County Court hearing is scheduled for September 21, 2020, Division C. SERVICE.TEAMWORK.INTEGRITY.QUALITY $4iGHTp4, Brighton Fire Rescue District F 500 S.4th Ave,3m Floor•Brighton, Colorado 80601 Telephone: (303)659-4101 •Fax: (303)659-4103•Website: www.brightonfire.org. March 10, 2020 SUBJECT: Record Number USR20-0006 LOCATION: 395 WCR 29 The Brighton Fire Rescue District's Fire Prevention Division has completed a review of this proposal. At this time, we have the following comments: This property needs to go through a change of use or occupancy with Weld County Building Department. Once the occupancy has been determined Fire Department code requirements will need to be addressed. Nothing in this review is intended to approve any aspect of these plans or this project that does not comply with all applicable codes and standards. Should there be any questions regarding this review please do not hesitate to contact us. Carla Gutierrez 303-654-8042 cgutierrez4 brightonfire.org From: Libby Tart <LTart@adcogov.org> Sent: Monday, March 9, 2020 11:45 AM To: Kim Ogle <kogle@weldgov.com> Subject: Form Returned: Referral Form.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Kim -Adams County and the City of Brighton project more dense urban residential development, per our long range plans, due south of 168th (CR 2) in this area. Presently, most of our zoning is A-1 in this area and is more supportive of agricultural uses and single-family detached homes. The use itself does not appear to be compatible with residential but Adams County will certainly defer to Weld County's staff opinion on this matter. I also have concerns after reviewing the application about the active violation on the property and the owner's need to stop the use until they go before the USR public hearing(s). Sincerely, Libby Libby Tart, AICP Senior Long Range Planner, Community& Economic Development ADAMS COUNTY, COLORADO 4430 South Adams County Parkway, 1st Floor, Suite W2000A Brighton, CO 80601 O: 720.523.6858 I (tart@adcogov.org https://u rldefense.proofpoi nt.com/v2/u rI?u=http- 3A__www.adcogov.org&d=DwIFAg&c=A8J9jb3_ClsSlatombgkDA&r=y1xwAFik4NylzLWMIPpNxRidKiUTK HSFsiH2b Lhi6w&m=I42A8roB96hd9z4dxwZ-25i8z3vvJ waz37MgoCMgHY&s=u 24aGIIZ- oEFDhX9e 1HKhE8ogFpwsyDF9Gmbxpg8ul&e= Preferred Pronouns: she/her/hers Submit by Email Weld County Referral March 9, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: Hector Faudoa Case Number: USR20-0006 Please Reply By: April 6, 2020 Planner: Kim Ogle Project: Site Specific Development Plan and Use by Special Review outside of subdivisions and historic townsites for a home business, granite and stone cutting and fabrication in the A(Agricultural)Zone District Location:WEST OF AND ADJACENT TO CR 29, APPROXIMATELY 340-FEET SOUTH OF CR 2.5 Parcel Number: 147132400054-R0425601 Legal: LOT B REC EXEMPT RE-2797, PART E2SE4 SECTION 32, T1 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. 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. I We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: Adams County's long range vision to the south of 168th is Urban Residential fl We have reviewed the request and find no conflicts with our interests. See attached letter. Libby Tart, AICP 3-09-2020 Signature Date Agency Adams County Long Range Planning Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax Submit by Email Weld County Referral March 9, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: Hector Faudoa Case Number: USR20-0006 Please Reply By: April 6, 2020 Planner: Kim Ogle Project: Site Specific Development Plan and Use by Special Review outside of subdivisions and historic townsites for a home business, granite and stone cutting and fabrication in the A(Agricultural)Zone District Location:WEST OF AND ADJACENT TO CR 29, APPROXIMATELY 340-FEET SOUTH OF CR 2.5 Parcel Number: 147132400054-R0425601 Legal: LOT B REC EXEMPT RE-2797, PART E2SE4 SECTION 32, T1 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. 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. We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: fl We have reviewed the request and find no conflicts with our interests. IJ See attached letter. Wenli Dickinson 3/16/2020 Signature Date Agency Division of Water Resources Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax CCOLORADO fa 0 Division of Water Resources Department of Natural Resources March 16, 2020 Kim Ogle, Planner III Weld County Department of Planning Services Transmission via email: kogle@weldgov.com Re: Site Specific Development Plan and Use by Special Review (Hector Faudoa) Case No. USR20-0006 Part of the NE 1/4 of the SE 1/4 of Sec. 32, T 2N, R 66W, 6th P.M. Water Division 1, Water District 2 Dear Kim Ogle: We have received your March 9, 2020 proposal to for a site specific development plan and use by special review permit for a 7.78-acre parcel known as Lot B of Recorded Exemption RE-2797. The proposal is for the operation of a small granite fabrication business. The site is currently being used for a single-family residence and pasture. This referral does not appear to qualify as a "subdivision" as defined in section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. According to the submitted material, no water supply source on the property for the business will be required. Bottled water and portable toilets will be provided to employees. Water will be hauled to the site, provided by a 3rd party company. Water hauled to the site must be obtained from a legal source. The proposed water supply for the residence is an existing domestic well, permit no. 230142. Well permit no. 230142 was issued November 22, 2000 pursuant to section 37-92-602(3)(b)(I), C.R.S. and the policy of the State Engineer for this lot. The well is permitted to withdraw an average annual amount of 1.5 acre-feet per year from the nontributary Laramie-Fox Hills aquifer at a maximum pumping rate of 15 GPM. The permitted uses include ordinary household purposes inside one (1) single family dwelling, the watering of the user's own domestic animals, and the irrigation of not more than 0.5 acres of home gardens and lawns. According to the submitted material, the well is proposed to be used for tool polishing. It is unclear if this is still a proposed use, as this information contradicts the water supply sources proposed in the planning questions of the application. The well, as permitted, cannot be used for the commercial business or any industrial uses associated with such business, including but not limited to tool polishing. Lastly, according to a drainage statement from the applicant, rainwater may be diverted and detained in a structure on the southwest corner of the property. Construction details for this structure were not provided, therefore it is unknown if the structure was constructed in accordance with Colorado laws. The applicant should be aware that precipitation that falls on the site is 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared S. Polls, Governor Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director _ *. '' /a7c,%' USR20-0006 Page 2 of 2 tributary water and is a public resource, subject to appropriation through the prior appropriation system. Therefore, the precipitation collected in the structure may not be detained for longer than 72 hours or diverted for any beneficial use without first obtaining a court-approved plan for augmentation or a substitute water supply plan approved by the State Engineer. Additionally, the structure must not expose groundwater to evaporation without first obtaining a court-approved plan for augmentation or a substitute water supply plan approved by the State Engineer that replaces all out-of-priority depletions from evaporation. Any water used to fill the structure must be from a source that can legally be used for such purpose. If you or the applicant have any questions, please contact Wenli Dickinson at 303-866-3581 x8206 or at wenli.dickinson@state.co.us. Sincerely, Joanna Williams, P.E. Water Resources Engineer Ec: Subdivision file 27061 Water well permit no. 230142 Hello