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Home My WebLink About20180512.tiffMEMORANDUM TO: Kim Ogle, Planning Services DATE: January 8, 2018 FROM: Hayley Balzano, E.I., Development Engineer SUBJECT: USR17-0071 Dayton Street LLC The Weld County Department of Planning Services -Engineering 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: Vehicle service/repair establishment This project is east of and adjacent to Grace Ave and is south of County Road 6. Parcel number: 146925100004 Drainage Requirements: Please contact Department of Planning Services/Engineering Development Review for questions or assistance for drainage requirements at 970-353-6100. URBANIZING VS NON -URBANIZING DRAINAGE AREA: 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 exception 1.a.8 for sites where the development of the site does not change the imperviousness of the site. The applicant is not proposing any physical changes to the site. Geologic Hazard Area: This area IS NOT in a Geologic Hazard Area. Floodplain: This site is in a FEMA regulatory floodplain. A flood hazard development permit is required for any development in the floodplain. Contact the floodplain planner Diana Aungst at 970-400-3524. CONDITIONS OF APPROVAL: A. The plan shall be amended to delineate the following: 1. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer) 2. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) MEMORANDUM TO: Kim Ogle, Planning Services DATE: December 27, 2017 FROM: Evan Pinkham, Public Works SUBJECT: USR17-0071 Dayton Street LLC The Weld County Department of Public Works has reviewed this Use by Special Review 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 any use permitted as a Use by Right, an Accessory use, or a Use by Special Review in the Commercial Zone District (vehicle service/repair establishment) in the A (Agriculture) Zone District. This project is east of and adjacent to Grace Avenue and is south of CR 6. Parcel number 146925100004. Access is from Grace Avenue. ACCESS Access to the site has been preliminarily approved at the following location(s): On Grace Avenue located approximately 640 feet south of CR 6 Per Chapter 12, Article 5, Section 12-5-30, 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. For new accesses and/or change of use of an existing access, the fee and photos are required (photo looking left and right along roadway from the access point and looking in to and out of the access point). These photos are used to evaluate the safety of the access location. Access permit instructions and application can be found at https://www.weldgov.com/departments/publIc works/permits/. Chapter 6, Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design guidance, which can be accessed at: https://www weldgov com/departmerits/public works/engineering/. Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, an access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. For shared accesses, Public Works strongly recommends the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement, but is recommended to avoid property owner conflicts in the future. ROADS AND RIGHTS -OF -WAY Grace Avenue is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and 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, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of- way line. Be aware that physical roadways may riot be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 12, Article 4, Section 12-4-30.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.weldcov comldepartmentslpublicworks/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 on Grace Avenue was taken on 8/19/2015 which counted 55 vpd with 7% trucks. The traffic information submitted with the application materials indicated that there will be approximately 6 daily roundtrips. TRACKING CONTROL POLICY Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road base. Tracking control is required to prevent tracking from the site onto public roadways. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control devices can be double cattle guards or rip rap (6" washed rock). Tracking control for unmaintained public right-of- way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Public Works for review and consideration. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works may require an Improvements Agreement for one or all the following reasons: • Off -Site Public Improvements • Road Maintenance Agreement • Construction Maintenance Agreement • Access Improvements Agreement An Improvements Agreement is required for sites with required off -site improvements per Chapter 12, Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and maintained. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR eviewlsprusr.pdf. It will detail the approved haul route(s), outline when off -site improvements will be triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage repairs, and future improvement triggers. CONDITIONS OF APPROVAL A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance including, but not limited to dust control, tracking control, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) B. The plan shall be amended to delineate the following: 1. Grace Avenue is a paved 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 on the site plan the existing right-of-way. 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 locations, and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 3. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (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 access on 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) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Kim Ogle From: Ben Frissell, Environmental Health Services Date: December 28, 2017 Re: USR17-OO71 Dayton Street LLC Auto Body Repair Shop Environmental Health Services has reviewed this proposal for 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 Zone District (vehicle service/repair establishment) in the A (Agriculture) Zone District. Water is provided by the Wattenburg Improvement Association and a septic system sized for up to 13 employees (G19780397) serves the shop. The application indicates there will be 3 full time employees along with vendors and contractors that visit periodically. There will be no fuel stored onsite and there will be no washing of vehicles or mechanical parts onsite. The application indicated that the facility does have 4 floor drains that collect only rain water and that no material related to work at the facility impacts the drains. An APEN (air emissions permit) may be required based upon the amount of paint that is utilized. 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 Health Administration Vital Records lot: 9/0 304 6410 Fax: 9/0-301-64 I'2 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 910-304-64 16 Environmental Health Services Tele:970-304-6415 Fax. 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fox: 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6462 Public Health 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. 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. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 6. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. 8. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time employees on site, portable toilets and bottled water 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 and shall contain hand sanitizers. 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 10.A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 11. If the floor drains are used for anything other than rainwater, the process wastewater (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. If rainwater will be discharged to the ground, the facility will adhere to the "Low Risk Discharge Guidance: Discharges From Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State. 13. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. MEMORANDUM To: Kim Ogle, Planner December 11, 2017 From: Bethany Pascoe, Zoning Compliance Officer Subject: USR17-0071 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV17-00005) Violation was noted. This violation was initiated due to the operation of and auto body and repair 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. Approval of this application by the Board of County Commissioners would correct the outstanding violations. If this application is denied, the case will continue through the County Court process until the violations are removed from the property. Defendant agreed to the following conditions as part of an approved Court Ordered Stipulated Agreement: • Defendant agrees to submit any missing or requested information as it pertains to the Use by Special Review (USR) application to the Department of Planning Services in a timely fashion. • Defendant agrees to attend the future Planning Commission Hearing and the future Board of County Commissioner Hearing when scheduled for the Use by Special Review (USR) application process. • If the USR is denied, the Defendants agree to remove all storage and commercial operations on or before May 1, 2018. SERVICE, TEAMWORK: INTEGRI FY: QUALIFY MEMORANDUM To: Kim Ogle, Planning Services From: Jose Gonzalez, Assistant Building Official Subject: Building Referral; Dayton Streel LLC, 1884 Grace Ave Date: January 12, 2018 A Change of Use building permit will be required. A Code Analysis prepared and stamped by an Architect, and a Floor Plan shall be submitted with all rooms/areas labeled and uses classified. Mechanical and Electrical systems shall be in a safe working and operating condition, and shall comply with the new proposed uses. All new work must comply with currently adopted County Codes The County currently enforce 2012 International Building Codes, 2006 International Energy Code, and the 2014 National Electrical Code. Local Fire District Notification and Approval are also required SERVICE, TEAMWORK: INTEGRI FY: QUALIFY PROJECT: MEMORANDUM TO: K. Ogle DATE: January 8, 2018 FROM: Diana Aungst, CFM SUBJECT: USR17-0071, Dayton Street, LLC 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 Zone District (vehicle service/repair establishment) in the A (Agriculture) Zone District. PARCEL: 146925100004 and 146925108004 CONDITION OF APPROVAL: 1. A Flood Hazard Development Permit (FHDP) is required to be submitted and approved for this use. (Department of Planning Services - Floodplain) 2. No outdoor storage of floatables is allowed in the floodplain. (Department of Planning Services - Floodplain) 3. If the structure on the site is being utilized as living quarters it will need to comply with FEMA regulations regarding residential structures in the floodplain. (Department of Planning Services - Floodplain) DELINEATE ON THE PLAT: 1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) DEVELOPMENT STANDARDS: 1. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -2115E effective date January 20, 2016 (South Platte River Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services - Floodplain) Brighton Fire Rescue District 500 S. 4th Avenue, 3'd Floor • Brighton, Colorado 80601 Telephone: (303) 659-4101 • Fax: (303) 659-4103 • Website: www.brightonfire.org, January 9, 2018 SUBJECT: USR17-0071 Review — Midwest Auto Body LOCATION: 1884 Grace Avenue The Brighton Fire Rescue District's Fire Prevention Division has completed a review of this Use by Special Review. Please be aware that 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. 1) The mixed use of the building is a serious life safety concern. Of high concern is the residential uses. There are very specific fire and building code requirements for such mixed uses that must be met if the applicant would like the uses to remain. It is important to understand that emergency personnel respond to this property with the understanding that it is a commercial property and not a residence. Please understand that vehicle repair garages alone presents a significant challenge to emergency personnel and the unapproved mixed use dramatically increases the probability of severe injury or even death of occupants during a fire emergency. Unless compliance with both the building and fire code for the mixed use of this building is provided, the residential use needs to end immediately. 2) Our records indicate that a change in use would be occurring due to the proposed use of the space or a portion of the space for a combination of vehicle maintenance and repair, office, and residential uses. The building was built in 1910 as a commercial storage warehouse. When a change of occupancy occurs, the code provisions for new construction then apply to an existing structure having a new occupancy. There are not enough details provide to fully determine what requirements may apply, please provide a code analysis of the building. 3) Vehicle repair garages are classified as Group S-1 occupancies, office areas are classified as Group B occupancies, and the residential areas are classified as Group R-2 occupancies, Please be aware that if maximum allowable quantities of hazardous materials used or stored is exceeded, the occupancy would no longer be and S-1 occupancy. The occupancy would instead be a High Hazard Group H. Detailed information on the hazardous materials used and stored is needed. 4) Among many other requirements, an automatic sprinkler system must be installed throughout all buildings with a Group R fire area. Smoke detection would also be required. An automatic sprinkler system must also be installed in Group S-1 repair garages having two or more stories above grade plane with a fire area containing a repair garage exceeding 10,000 square feet. A fire alarm system to monitor the fire sprinkler systems would also be required. 5) Section 2311 of the 2012 IFC specifically addresses the requirements of a repair garage. Full compliance with this section and any other requirements of the 2012 IFC that are applicable to the uses in the building must be met. 6) An operational permit is required to conduct a spraying operation utilizing flammable or combustible liquid and all spray finishing operations shall comply with Chapter 24 of the 2012 IFC. There are specific requirements for the design, construction, and installation of spray rooms, spray booths, and spray spaces. In order to ensure compliance with these requirements, spray booth plans must be submitted and reviewed. 7) Is there a gate in the fence to allow for access to the back side of the building? The back side of the building appears to be inaccessible which would prevent significant challenges for fire suppression operations. 8) An annual fire inspection was completed by our staff in October of 2017 and many violations were noted. In addition to the requirements in the letter, all violations noted at that inspection need to be corrected as well. 9) 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. Any changes that are made will require additional review and comment by the Fire District. Safety Jrough Fire Prevention, Whitney E .en — Deputy Fire Marshal wevetl(a.b 1ahtonfire.org Hello