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HomeMy WebLinkAbout20171998.tiffMEMORANDUM To: Chris Gathman, Planner March 1, 2017 From: Bethany Pascoe, Zoning Compliance Officer Subject: USR17-0010 Referral Upon review of my case files and computer, an active Zoning Violation (ZCV16-00144) was noted. This violation was initiated due to the operation of an auto body shop and auto detailing business without first completing the necessary Weld County Zoning 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 correct the outstanding violations. If this application is denied, the Department of Planning Services asks that the Board forward these cases to the County Attorney's Office for legal action through the District Court process, but to delay that legal action for 30 (thirty) days to allow the applicant time to remove the business and all associated storage from the property. SERVICE, TEAMWORK: INTEGRI FY: QUALIFY MEMORANDUM TO: Chris Gathman, Planning Services DATE: March 23, 2017 FROM: Hayley Balzano, E.I., Development Engineer SUBJECT: USR17-0010 Worrell 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: Light Work Body Shop This project is west of and adjacent to County Road 5 and is south of County Road 34. Parcel number: 120717000035 Access: Access onto County Road 5 in this area is in the Jurisdiction of the Town of Mead. Drainage Requirements: Please contact Department of Planning Services/Engineering Development Review for questions assistance for drainage requirements at 970-353-6100. URBANIZING VS NON -URBANIZING DRAINAGE AREA: This area IS within an Urbanizing Drainage Area: or 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: The applicant has submitted a drainage narrative stating that the site will meet exception 1.a.8 for sites where the development of the site does not change the imperviousness of the site. There are no proposed additions to the site. 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 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 Planning Department 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, Rik Gay, 303-692- 3575. Geologic Hazard Area: This area IS NOT in a Geologic Hazard Area. Floodplain: This area IS NOT in a FEMA regulatory floodplain. 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) 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) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Chris Gathman From: Ben Frissell, Environmental Health Services Date: March 24, 2017 Re: USR17-0010 William Worrell Paint 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 or industrial zone districts, 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 (shop for light body work (painting of bumpers and fenders, touch up) along with storage of parts) in the A(Agricultural) Zone District. The applicant stated that there will only be one full time and one part time employee on site. Additionally the applicant stated they would use bottled water and a portable toilet. Per policy, this is acceptable. It should be noted there does appear to be a septic system (G19700554) and water (Little Thompson Water District) that service the existing residence on the property. If conditions arise where the septic will be used for the business, an engineer review will be needed. We have no objections to the proposal; however, we do 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. Health Administration Vital Records lot: 9/U 304 6410 Fax: 9/0-301-64 I'2 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 9,10-304-64 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: 970-304-6452 Public Health 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. This include any paint emissions or overspray. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 5. 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. 6. 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 7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. 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. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. MEMORANDUM TO: Chris Gathman, Planning Services FROM: Evan Pinkham, Public Works SUBJECT: USR17-0010 Worrell DATE: March 16, 2017 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 Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts, 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 (shop for light body work (painting of bumpers and fenders, touch up) along with storage of parts) in the A(Agricultural) Zone District. This project is west of and adjacent to CR 5 and is south of CR 34. Parcel number 120717000035. Access is from CR 5. Roads: County Road 5 owned and maintained by the Town/City (Municipality) of Mead. The Municipality has jurisdiction over all accesses within their jurisdiction. Please contact municipality to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit. Traffic: Latest ADT on CR 5 was taken on 10/15/2010 which counted 1524 vpd with 6% trucks. CONDITIONS OF APPROVAL: A. The plan shall be amended to delineate the following: 1. Show the approved Municipality of Mead access(es) on the site plan and label with the approved access permit number if applicable. (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) Directors: Bill Szmyd, President Steve Brandenburg Larry Brandt Peter Bridgman Paul Bukowski Diana Larsen Ed Martens Little Thompson Water District March 3, 2017 District Manager: Michael T. Cook 835 E Highway 56 Berthoud, CO 80513 P: 970-532-2096 F: 970-532-3734 www.LTWD.org Chris Gathman Weld County Planning Department 1555 N 17th Ave Greeley, CO 80631 cgathman@weldgov.com Dear Mr. Gathman: This letter is in response the referral for Case Number USR17-0010 which, if approved by the County Commissioners, would permit the existing car repair facilities to be maintained on the residential lot. We currently serve Weld County Parcel 120717000035 with Tap Number 1159. With the approval of the USR, Little Thompson Water District will change the billing rate to a commercial rate, require installation of an approved backflow device, and require annual testing of the backflow device. If you have questions, please contact me. Regards, Amber Kauffman, PE District Engineer HIGHLAND DITCH COMPANY Referral — Application(s) P. O. Box 649, Mead CO 80542-0649 970.535.4531 -e-mail - igbiai, iditcb ai_aohcom For the Year of 2016 & 2017 RE: Application(s) and or Referrals) Highland Ditch Company reserves its rights as a separate entity and to maintain its ditch & reservoir(s) even for extreme emergencies! Listed below are some of Highland Ditch Company's requirements: 1) Reimbursement Letter to contract with an engineer, attorney and etc.... as needed for reviewing 2) Easement 3) Drainage plans 4) Engineering Plans and Specifications 5) Ditch Crossing Agreement 6) Review of all referrals submitted 7) Access 8) Access without interference on both sides of the ditch 9) Increased storm flow(s) 10) Private, Local, state and federal permits and requirements 11) Agreement(s) 12) Address Strom Flow issue(s) 13) Debris 14) Vegetation, trees and extra 15) Utility locations 16) Locates 17) 811 18) Maintenance 19) Specific requirements per area do apply! Highland Ditch Company does have a sixty -foot historical prescriptive easement on either side of the ditch and from the edge of the ditch bank; however, more than sixty -foot maybe needed to maintain the ditch for ny reason. Thank you, Jill A. B y Office anager and Secretary of the Boar Weld County Referral The Weld County Department of Planning Services has received the following item for review: Applicant: William Worrell, c/o Booth Motors, Case Number: USR17-0010 LLC Please Reply By: May 9, 2017 Planner: Chris Gathman Project: 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, 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 (shop for light body work and storage of parts along with occasional outdoor painting of bumpers and fenders etc.) in the A (Agricultural) Zone District. Location: West of and adjacent to CR 5 and approximately 1,250 feet south of CR 34. Parcel Number: 120717000035-R0157391 Legal: PART NE4 SECTION 17, T3N, R6$W LOT B REC EXEMPT RE -1137 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: We have reviewed the request and find no conflicts with our interests. See attached letter. Si 9natur Date �t��(� Agency VVZ� , � � P �: � • `L1 ► y �— Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax Submit by Email Weld County Referral February 28, 2017 The Weld County Department of Planning Services has received the following item for review: Applicant: William Worrell, clo Booth Motors, LLC Case Number: USR17-0010 Please Reply By: March 28, 2017 Planner: Chris Gathman Project: 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, 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 (shop for light body work (painting of bumpers and fenders, touch up) along with storage of parts) in the A(Agricultural) Zone District. Location: West of and adjacent to CR 5 and approximately 1,250 feet south of CR 34. Parcel Number: 120717000035-R0157391 Legal: PART NE4 SECTION 17, T3N, R68W LOT B REC EXEMPT RE -1137 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: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature c - Agency �\! , , \_ Date • Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax MOUNTAIN VIEW FIRE RESCUE 3561 North Stagecoach Road, Unit 200• Longmont, CO 80504 (303) 772-0710 • FAX (303) 651-7702 March 21, 2017 Mr. Chris Gathman Weld County Planning Department 1555 North 15th Street Greeley, CO 80631 Dear Mr. Gathman: I have reviewed the submitted material pertaining to the Site Specific Development Plan and Use by Special Review for a shop at 15741 Weld County Road 5 (Case Name: Booth Motors, Case Number: USR17-0010). The Fire District is opposed to this use as it appears to be in existence without Fire District approval and has the following comments: • The building does not appear to be being used as originally intended or permitted. The Fire District has always taken the position that water supply for fire protection is not required for private garages, barns, storage buildings and accessory buildings provided the building is not being used as living space and hazardous activity will not be occurring within the structure (i.e. woodworking, vehicle repair garage, spray painting with flammable/combustible liquids, etc.). The applicant has stated they are using the building for vehicle repair and touch up and there is not adequate water supply for fire protection at this location. • The building is not being used as an agricultural building which may have been the intention when the building was built. It appears it is being used as an S Occupancy which if it had received a building permit an Agricultural building is a "Change in Use". Furthermore, application of flammable finishes (paint) without being in a proper spray booth or spray room is not permitted and is extremely dangerous. The Fire District has not record of a permit being obtained for a spray booth at this location so it is not clear if the spray booth meets the requirements of the Fire Code. We appreciate being involved in the planning process, should you have any questions please contact me at 303-772-0710 x 1121. Sincerely, LuAnn Penfold Fire Marshal cc: Jose Gonzales project file 4)003 Oh 17 www.mvfpd.org 0 M>ub` : itS } \:� 4S1,r�� h�\ S.\ Weld County Referral ac\m\c-4--- Fe The Weld County Department of Planning Services has received the following item for review: Applicant: William Worrell, c/o Booth Motors, Case Number: USR17-0010 LLC Please Reply By: May 9, 2017 Planner Chris Gathman Project: 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, 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 (shop for light body work and storage of parts along with occasional outdoor painting of bumpers and fenders etc.) in the A (Agricultural) Zone District. Location: West of and adjacent to CR 5 and approximately 1,250 feet south of CR 34. Parcel Number: 120717000035-R0157391 Legal: PART NE4 SECTION 17, T3N, R6BW LOT B REC EXEMPT RE -1137 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: We have reviewed the request and find no conflicts with our interests. See attached letter. Signatur Agency SI n G� Date \sale Weld County Planning Dept. 1555 N 17th Ave, Greeley, Co. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax MOUNTAIN VIEW FIRE RESCUE 3561 North Stagecoach Road, Unit 200• Longmont, CO 80504 (303) 772-0710 • FAX (303) 651-7702 April 26, 2017 Mr. Chris Gathrnan Weld County Planning Department 1555 North 15th ` Street Greeley, CO 80631 Dear Mr. Gathman: • I have reviewed the amended submitted material pertaining to the Site Specific Development Plan and Use by Special Review for an auto body shop and outdoor painting at 15741 Weld County Road 5 (Case Name: Booth Motors, Case Number: USR17-0010). The Fire District is opposed to this use and has the following comments: • The building is not being used as it was originally intended or permitted. The Fire District has always taken the position that water supply for fire protection is not required for private garages, barns, storage buildings and accessory buildings provided the building is not being used as living space and hazardous activity will not be occurring within the structure (i.e. woodworking, vehicle repair garage, spray painting with flammable/combustible liquids, etc.). The applicant has stated they are using the building for vehicle repair and touch up and there is not adequate water supply for fire protection at this location. • The building is and will be used as an S Occupancy which is a "Change in Use" and will need a new certificate of occupancy. Additionally, the paint spray booth does not comply with the requirements of the building or fire code for a spray booth or spraying room. During an onsite visit to the property we found an extremely dangerous situation. They were spraying parts in the spraying room and the ventilation fan was not beginning to remove the hazardous spray vapors from the room. The room doesn't have a proper extinguishing system. It was also found that painting was occurring in the shop area as well. • The applicant states that they wish to conduct occasionally painting outdoors. Although, the fire code does not prohibit this, the storage of the paint is going to be inside the building and currently the paint is not being stored in an approved paint storage room or cabinets and is will be dispensed inside the building. • Even if the building were to building were to be brought into compliance with the building and fire codes for the use, as stated previously there is not water supply for fire protection at this www.rnvfpd.crg Page 2 location and although the building has been used for some time for auto body,it was never done in compliance with the adopted codes. I have attached pictures of our findings. We appreciate being involved in the planning process, should you have any questions please contact me at 303-772-0710 x 1121. Sincerely, LuAnn Penfold Fire Marshal cc: Jose Gonzales project file 'p04.14.17 Station #10 9119 Cnty Line Rd. Longmont, CO 80501 Station #3 299 Palmer Ave. Mead, CO 80542 C Station #4 8500 Niwot Road Niwot, CO 80544 Station #5 10911 Dobbin Run Lafayette, CO 80026 Station #6 50 Bonanza Dr. Erie, CO 80516 Station #7 161 Perry Lane Dacono, CO 80514 Maintenance 100 So. Forest St. Dacono, CO 80514 r Hello