HomeMy WebLinkAbout20194036.tiffWELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To: Kim Ogle, WC Planning
From: Lauren Light, Environmental Health Services
Date: June 20, 2019
Re: USR19-0040 Walker
Environmental Health Services has reviewed this request for a substantial change from
USR17-0016.
The property was served by an individual well (80734-F) which states: "The use of
ground water from this well is limited to commercial and irrigation". Mountain View
Water Association does not provide water to this site so any use, other than
commercial, may require a repermitting of the existing well.
There is an existing on -site wastewater treatment system (OWTS) on the property that
is not permitted. The OWTS shall be evaluated for future uses or a new OWTS can be
proposed when a new application is submitted.
Environmental Health items will be reevaluated if another application for the site is
submitted.
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Public Health
MEMORANDUM
To: Kim Ogle, Planner June 3, 2019
From: Bethany Pascoe, Zoning Compliance Officer
Subject: (Substantial Change) USR19-0040 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV19-00049) was noted. This
violation was initiated due to the operation of a commercial business without the required land use
permits. Since a Use by Special Review (USR17-0016) was previously denied within the last 5 years, a
substantial change permit is required, prior to even applying for the required land use development
permits. This case has NOT been forwarded to the County Attorney's Office; therefore, an investigation
fee is not 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.
Approval of this application by the Board of County Commissioners would simply allow the applicant to
apply for a Planned Unit Development (PU D) permit; however, approval of this application does not in and
of itself correct any of the existing violations.
Should the Substantial Change request be approved, and the Board of County Commissioners allow
continuation of the current tenant to operate from the property, staff recommends that at a minimum, the
property owner submit evidence of potable water, an approved septic system and a commercial building
permit for the metal skinned structure currently utilized for the business, which according to the
Department of Building Inspection does not have a building permit. The building will need to be permitted
for commercial use.
Should the Substantial Change request be denied, staff requests the Board of County Commissioners
forward this case to the County Attorney's Office for legal action, but to delay legal action for fourteen (14)
days to the applicant time to remove the commercial business, including but not limited to, all commercial
vehicles and all associated storage from the property.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
COLORADO
Division of Water Resources
Department of Natural Resources
June 19, 2019
Kim Ogle
Weld County Department of Building and Planning Services
Transmitted via email: kogle@weld.com
RE: WW, LLC Site Specific Development Plan
Case no. USR19-0040
Part of the W1/2 of the SE1/4, Sec. 33, T1 N, R67W, 6th P.M.
Water Division 1, Water District 2
Dear Mr. Ogle,
We have reviewed the information provided via email on May 31, 2019 on previously denied application
for land use (Use by Special Review) Permit No. USR17-0016.This office previously provided comments
on USR17-0016 by our letter dated March 8, 2017.
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.
Under Case No. USR17-0016 the Applicant was seeking a site specific development plan and use by
special review permit for any use permitted as a use by right, an accessory use, or a use by special
review in the commercial or industrial zone districts (RV and boat storage, a dump station, enclosed
self -storage and the parking and staging of trash containers, roll offs, and vehicle and/or equipment to
pick up and deliver). According to the information provided Case No. USR17-0016 was denied by the
Board of County Commissioners on June 21, 2017. Under that application the Applicant was proposing
to use an exempt well, permit no. 304501, to supply water to the commercial business. According to
our records well permit no. 304501 was canceled and Applicant obtained well permit no. 80734-F to
construct a well into the Laramie -Fox Hills aquifer for commercial and irrigation purposes. Our records
show that a well was not constructed under permit no. 80734-F. Prior to construction of a well to serve
the business the Applicant must obtain a valid well permit that allows for the proposed uses. The
ability for the applicant to obtain a new well permit that allows commercial and irrigation uses will be
evaluated at the time that the well permit application is submitted to and reviewed by this office.
Treatment Technology, a water and wastewater treatment business is currently leasing the existing
shop building from WW, LLC while their new building is constructed in another location. Once
Treatment Technology's new building is completed, they will no longer use the site. The drinking water
and wastewater needs for the Treatment Technology business while they are using the shop building is
provided by bottle water and porta potty facilities as needed.
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water
Jared S. Polls, Governor Dan Gibbs, Executive Director Kevin G. Rein, State Engineer/Director
WW, LLC Site Specific Development Plan Page 2
June 19, 2019
This office has no objection to the proposed use by special review permit as long as the water supply to
the property is from a legal source.
If you, or the applicant, have any questions please contact loana Comaniciu at 303-866-3581 x8246.
Sincerely,
Joanna Williams, P.E.
Water Resource Engineer
Ec: Project file No. 26555
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