HomeMy WebLinkAbout20183079.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
DATE: May 11, 2018
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0037 Tagawa
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: A Site Specific Development Plan and Use by Special Review Permit for use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone
districts (Hemp Processing Business), provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions.
Parcel number 147125000015.
Access is from CR 4 & CR 37.
ROADS AND RIGHTS -OF -WAY
This portion of County Road 4 is under the jurisdiction of the City or Town (municipality) of Lochbuie. The
municipality has jurisdiction over access to the road. Please contact the municipality to verify the access
permit or for any additional requirements that may be needed to obtain or upgrade the permit.
This portion of County Road 37 is under the jurisdiction of the City or Town (municipality) of Lochbuie. The
municipality has jurisdiction over access to the road. Please contact the municipality to verify the access
permit or for any additional requirements that may be needed to obtain or upgrade the permit.
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.
Drainage Requirements:
This area IS within an Urbanizing Drainage Area:
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, 5 -year storm
falling on the undeveloped site for URBANIZING areas.
Detention pond waived and a simple drainage narrative:
A drainage narrative is required and full drainage report and detention pond waived if the site qualifies for
an exception to detention requirements listed below.
The drainage narrative must include at the minimum:
1. Description which exception is being applied for and supporting rationale
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
MS4:
This site is not in a defined Municipal Separate Storm Sewer System (MS4) area which is a more urbanized
area with state mandated, higher water quality requirements
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. Show the approved Municipality of Lochbuie access(es) on the site plan and label with the
approved access permit number if applicable. (Department of Public Works)
2. The applicant shall show the drainage flow arrows. (Department of Public Works)
Prior to Construction:
A. 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 shall control noxious weeds on the site. (Department of Public Works)
2. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
TO:
FROM:
DATE:
RE:
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.arg
MEMORANDUM
Chris Gathman, Planning Services
Lauren Light, Environmental Health Services
May 11,2018
USR18-0037 Tagawa Greenhouses Inc.
Environmental Health Services has reviewed this proposal for 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 (Hemp Processing Business), provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions.
There are two warehouses on site that will be utilized. There will be 24 full time
employees. The property is served by individual wells and a commercial septic system
sized for 30 people. The applicant shall ensure the wells that are utilized for the
business are appropriately permitted. It appears the wells are for commercial
greenhouse, domestic and irrigation uses. The business shall adhere to the Division of
Water Resources requirements for well usage.
The business processes the hemp into usable oil form. The application indicates there
is not significant odor during processing and a waste disposal company collects waste
so it is not discharged into a septic system. The business is registered with the
Department of Agriculture via a CDA Hemp registration.
We recommend 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.
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-301-6112
Public Health &
Clinical Services
Icic: 9/0 :304 6420
Fax: 9 /0-301-6416
Environmental Health
Services
Tele: 970-304-6415.
Fax: 970-304-641 1
Communication,
Education & Planning
Tele: 970-304-6470
Fax: 970-304-6452
Emergency Preparedness
P. Response
Tele: 970-304-6470
Fax: 970-304-6462
Public Health
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 applicant shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code.
4. 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 (HAPs) and volatile organic compounds (VOCs). All
chemicals must be stored securely, on an impervious surface, and in accordance
with manufacturers' recommendations.
5. Fugitive dust shall attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's air quality regulations.
6. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S.
7. The facility shall be operated in a manner to prevent odors. Odors detected off
site shall not equal or exceed the level of seven -to -one dilution threshold, as
measured pursuant to Regulation 2 of the Colorado Air Pollution Control
Regulations. Additional controls shall be implemented at the request of the Weld
County Department of Public Health and Environment in the event odor levels
detected off site of the facility meet or exceed the level of seven -to -one dilution
threshold, or in the judgment of the Weld County Health Officer, there exists an
odor condition requiring abatement.
8. Adequate drinking, hand washing and toilet facilities shall be provided for
employees and patrons of the facility. 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 Onsite Wastewater Treatment
Systems.
9. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. In the event the facility's water system serves more 25 persons on a
daily basis the water system shall comply with the Colorado Primary Drinking
Water Regulations (5 CCR 1003-1). If not subject to these requirements, the
Weld County Department of Public Health and Environment strongly encourages
well users to test their drinking water prior to consumption and periodically
thereafter.
2
10. Process wastewater shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance, and proper disposal shall
be retained.
11.The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
3
MEMORANDUM
To: Chris Gathman, Planner April 17, 2018
From: Bethany Pascoe, Zoning Compliance Officer
Subject: USR18-0037 Referral
Upon review of my case files and computer, an active Zoning Violation (ZCV17-00355) was noted. This
violation was initiated due to the operation of a hemp processing business without first completing the
necessary Weld County Zoning Permits or Building Permits. A Complete Use by Special Review (USR)
application was not submitted within the timeline established through the Signed Consent Agreement;
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.
Approval of this application by the Board of County Commissioners would correct the outstanding
violations. If this application is denied, the case will be immediately forwarded to proceed through the
County Court process until the violations are removed from the property.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
COLORADO
Division of Water Resources
Deaa-trnent of Natj at?esources
April 24, 2018
Chris Gathman
Weld County Department of Building and Planning Services
Transmitted via email: cgathman@weldgov.us
John W. Hickenlooper
Governor
Robert Randall
Executive Director
Kevin Rein, P.E.
Director/State Engineer
Re: Tagawa Greenhouses Inc, C/O Alex Seleznov, Advanced Extraction, Inc - Site Specific
Development Plan and Use by Special Review
Case no. USR18-0037
Part of N '/2 of the NW '/a, Sec. 31, Ti N, R65W, 6th P.M. and Part of the S'h of the SE /, Sec.
25, T1 N, R66W
Water Division 1, Water District 2
Dear Mr. Gathman,
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 information, the Applicant is seeking a site specific development plan
and use by special review permit for use permitted as Use by Right, and Accessory Use or a Use by
Special Review in the Commercial or industrial zone districts (Hemp Processing Business). The
referral information indicates the proposed water demand to be 5 gpd (0.006 acre-foot per year)
for household use, 250 gpd (0.28 acre-foot per year) for commercial use and 250 acre-feet per year
for irrigation. The referral information contained well permit nos. 195 -RR, 14531-F, 75947 and
94287. The applicant indicates well permit no. 38931 is not located on the subject property.
Well permit no. 195 -R -R was issued on April 1, 2003 pursuant to § 37-90-137(2), C.R.S, for the
replacement of an existing well with permit no. 195-R, and is operating pursuant to the decree in
Division 1 Water Court Case no.W-917 and the augmentation plan in Case no. 02CW335. The well is
producing water from the alluvium of the South Platte River and its tributaries and may withdraw
up to 270 acre-feet per year for the irrigation of 55 acres. The well, as permitted, cannot be used
for any other uses besides those allowed per permit no. 195 -R -R. If the applicant plans to use the
well for cooling the applicant would need a change of water right in the decree in Case No. W-917.
Well permit no. 14531-F was issued on January 23, 1970 pursuant to § 37-90-137(2), C.R.S, and is
operating pursuant to the decree in Division 1 Water Court Case no.W-917 and the augmentation
plan in Case no. 02CW335. The well is producing water from the alluvium of the South Platte River
i(�t_ CnL f
Office of the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581
www.water.state. co. us
Case no. USR18-0037 Page 2 of 2
April 24, 2018
and its tributaries and may withdraw up to 10 acre-feet per year. The well is currently decreed to
be used for commercial use. The well, as permitted, cannot be used for any other uses besides
those allowed per permit no. 14531-F.
Well permit no. 94287 was issued on October 18, 1977 claiming the water in the Arapahoe aquifer
underlying a 1.5 acre parcel located in the NW 1/4 of the NW 1/4, Sec. 31, Twp. 1 North, Rng. 65
West, Sixth P.M. and is permitted to be located 650 feet from the North section line and 150 feet
from the West section line. Based on the permitted location and the size of the parcel the well is
to be located on, it appears the well with permit no. 94287 is not located on the parcels subject to
this referral. If the well is located on the subject parcel the Applicant should provide our office
with the actual well location as a well location amendment or new well permit may be required.
A review of our records indicate well permit nos. 38931 and 75947 are located on the parcels
subject to this referral.
Well permit no. 38931 was issued on August 8, 1969 for a well producing water from the alluvium
located in the NW 1/4 of the NW 1/4, Sec. 31, T1 N, R65W, Sixth P.M. a distance of 50 feet from the
North section line and 50 feet from the West section line. The well is currently permitted to be
used for domestic use. The domestic use of the well is limited to the historic domestic uses of the
well before May 8, 1972 that have continued since that time [provided such uses are no greater
than those uses allowed for a well permit pursuant to C.R.S. 537-92-602 (1) (which are: fire
protection, ordinary household purposes inside not more than three single-family dwellings, the
watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not
more than one acre of home gardens and lawns)]. The well, as permitted, cannot be used for any
other uses besides those allowed per permit no. 38931. If the applicant plans to use the well for
commercial use, a commercial well permit allowing such uses must first be obtained.
Well permit no. 75947 was issued on August 8, 1974 claiming the water in the Arapahoe aquifer
underlying a 60 acre parcel located in the SE 1/4 of the SE 1/4, Sec. 25, Twp. 1 North, Rng. 66
West, Sixth P.M. and is permitted to be located 100 feet from the South section line and 150 feet
from the East section line. The well is currently permitted to be used for household use and the
irrigation of not over one acre of home gardens and lawns. The well, as permitted, cannot be used
for any other uses besides those allowed per permit no. 75947. If the applicant plans to use the
well for commercial use, a commercial well permit allowing such uses must first be obtained.
This office has no objection to the proposal, provided the terms and conditions of well permit nos.
195 -R -R, 14531-F, 38931, 75947 and 94287 and the relevant decrees are complied with. The ability
to obtain well permits, and the allowed uses, will be determined at the time that the well permit
applications are submitted to and reviewed by the State Engineers Office. Should you or the
applicant have any questions, please contact Ailis Thyne at (303) 866-3581 x8216.
Sinc€rely,
//
JoanTia Williams, P.E.
Water Resource Engineer
Ec: Permit file 195 -R -R, 14531-F, 38931, 75947 and 94287
Hello