HomeMy WebLinkAbout20202814.tiffHEARING CERTIFICATION
DOCKET NO. 2020-59
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0015, FOR A HOME BUSINESS (VEHICLE RESTORATION AND REPAIR) IN
THE A (AGRICULTURAL) ZONE DISTRICT - JOHN AND SHARON BAPTIST
A public hearing was conducted on September 23, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross - EXCUSED
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Maxwell Nader
Public Works Department representative, Zackery Roberson
Health Department representative, Lauren Light
The following business was transacted:
IR I hereby certify that pursuant to a notice dated August 7, 2020, and duly published August 12,
2020, in the Greeley Tribune, a public hearing was conducted to consider the request of John and
Sharon Baptist, for a Site Specific Development Plan and Use by Special Review Permit,
USR20-0015, for a Home Business (vehicle restoration and repair) in the A (Agricultural) Zone
District. Bob Choate, Assistant County Attorney, made this a matter of record.
Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal
including the description of the business, hours of operation, and the work that will be done in an
existing structure, for which the applicant will have to obtain a Change of Use permit. He stated
the employees are the applicant, his son, and grandson, and the public only comes to the site to
drop off or pick up vehicles. He indicated the property does not have screening, but it will be
needed for the storage of vehicles related to the business and the non-commercial junkyard. He
noted the property is out of compliance with the existing USR-942. He stated USR-942 was for
an agricultural service establishment, to include farm equipment sales, repair and an implement
air cooler assembly facility, approved in 1991, and noted, since the applicant chose to proceed
with a new USR, the existing USR will need to be fully vacated. He indicated the Department of
Planning Services had received no correspondence regarding the application, and relayed the
site is within the three (3) mile referral area of the Towns of Windsor and Severance, and the City
of Greeley, all of whom had no concerns. Mr. Nader entered the favorable recommendation of
the Planning Commission into the record as written, displayed images of the site and surrounding
views, and described surrounding uses. In response to Commissioner Kirkmeyer, Mr. Nader
re -displayed the image of the non-commercial junk yard and clarified the derelict vehicles have
been removed from the site.
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HEARING CERTIFICATION - JOHN AND SHARON BAPTIST (USR20-0015)
PAGE 2
• Zackery Roberson, Department of Public Works (PW), indicated, due to the change of use,
a new access permit, on County Road (CR) 23, will be required. He provided the daily vehicle
roundtrip count, average speed, and traffic associated with the site. He stated, due to the
commercial nature of the business, PW is requesting a Road Maintenance Agreement and
confirmed drainage for the site has been reviewed and accepted.
• Lauren Light, Department of Public Health and Environment, stated the shop building has a
septic system permitted for three (3) people and water is provided by the North Weld County
Water District. She referenced Development Standard (DS) # 17 (On -site Wastewater Treatment
System), described fluid storage, and stated vehicle noise is contained within the building. She
indicated there will be minimal painting, therefore, an Air Pollutant Emissions Notice should not
be required, and mentioned DS #10-21 address Environmental Health items.
El John "Mike" Baptist, applicant, provided the history of business, stated they perform a low
volume of work, and explained they do not perform miscellaneous maintenance services, such
as oil changes or tire rotations. In response to Commissioner Kirkmeyer, Mr. Baptist confirmed
he is not constructing new buildings for the business.
No public testimony was offered concerning this matter.
ID In response to Commissioners Moreno and Kirkmeyer, Mr. Baptist confirmed all work is being
done indoors, and the only employees are himself, his son, and his grandson. He described the
range of time each car takes to repair, stated they occasionally work on the weekend, and
described how they plan to screen their personal vehicles and vehicles that aren't being worked
on. Commissioner Kirkmeyer suggested deleting Condition of Approval (COA) #1.F (Road
Maintenance Agreement) and Mr. Roberson clarified the intent of COA #1.G. Commissioner
Kirkmeyer also suggested deleting COA #1.H.5 (delineate landscaping and/or screening),
deleting the "s" from "locations", in COA #1.H.10 (show and label approved access location),
deleting COA #1.H.11 (show and label entrance gate), and deleting COA #4.A and #4.6
(requirements prior to construction). Collectively, the Board suggested deleting DS #3 (hours of
operation), DS #4 (number of on -site employees), DS #18 (permissible noise level), DS #27
(annual review of the Road Maintenance Agreement), and DS #26 (Road Maintenance
Agreement). The Board agreed to all of the aforementioned changes.
• In response to Chair Freeman, Mr. Baptist indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
IE Commissioner Moreno moved to approve the request of John and Sharon Baptist for a Site
Specific Development Plan and Use by Special Review Permit, USR20-0015, for a Home
Business (vehicle restoration and repair) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards, as amended. The motion was seconded by Commissioner James,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:18 a.m.
2020-2814
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HEARING CERTIFICATION - JOHN AND SHARON BAPTIST (USR20-0015)
PAGE 3
This Certification was approved on the 28th day of September, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ds,d,.) xLto•ec.
Weld County Clerk to the Board
eputy Clerk to the Board
imae,
Mike Freeman, Chair
2020-2814
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