HomeMy WebLinkAbout20190410.tiffHEARING CERTIFICATION
DOCKET NO. 2019-10
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0092, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(VEHICLE REPAIR AND SERVICE, AUTOMOTIVE BODY SHOP), PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT — EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT
A public hearing was conducted on January 30, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Kim Ogle
Public Works Engineer representative, Mike McRoberts
Health Department representative, Ben Frissell
The following business was transacted:
e I hereby certify that pursuant to a notice dated December 13, 2018, and duly published
December 18, 2019, in the Greeley Tribune, a public hearing was conducted to consider the
request of Eddie Wright, Brittany Wright, and Rita Giant, for a Site Specific Development Plan
and Use by Special Review Permit, USR18-0092, for Use permitted as a Use by Right, Accessory
Use or Use by Special Review in the Commercial or Industrial Zone Districts (vehicle repair and
service, automotive body shop), provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made
this a matter of record.
e Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should
this case result in a tie vote due to four (4) Commissioners being present and
Commissioner Conway excused.
Ei Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the property is approximately 4.3 acres, and created through a Recorded Exemption. He
explained it is located north of and adjacent to County Road (CR) 44, west of and adjacent to
CR 35.5, and located in the three (3) mile referral areas of the City of Evans, and Towns of Gilcrest
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and LaSalle. He stated the Town of LaSalle returned a referral indicating no concerns, and the
City of Evans and Town of Gilcrest did not respond to referral requests. Mr. Ogle noted the
property is located outside of the Town of LaSalle's growth boundary, and outside of the Town of
Gilcrest Framework Plan, and described the surrounding residences and land uses. He explained
the applicant is proposing an automotive restoration and custom-built car business within an
existing outbuilding, with three (3) employees on -site in addition to the applicant, and provided
the hours of operation. He noted there is no water service in the heated building, and there is no
outdoor storage associated with the business. He stated there will be limited washing of vehicles
and equipment, and all painting will be done in the permitted paint booth. Mr. Ogle indicated, prior
to operation, the applicant is required to submit a Change of Use Building Permit, and develop an
Emergency Action and Safety Plan, with the Office of Emergency Management, and the Fire
District. He noted there was no correspondence regarding the application, 14 referral agencies
reviewed the case and three (3) offered comments. He entered the favorable recommendation of
the Planning Commission into the record as written, and provided images of the site and
surrounding views.
la Mike McRoberts, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements. Mr. McRoberts reiterated the adjacent CRs, provided the
average daily trip counts and average speeds for CR 33.5 and CR 44, and noted the traffic
information submitted with the application indicated five (5) passenger vehicle round trips per day.
He described the three (3) accesses, indicated they do not meet the spacing and/or geometric
design requirements for the respective road classification, and due to safety concerns Public
Works (PW) recommended closing the access at the intersection and making modifications to the
access on CR 44. He stated no tracking control or drainage report are required, and presented
grading requirements.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stated there will be three (3) full-time employees, and explained the site is serviced by
the Central Weld County Water District (CWCWD). He indicated there is a well which is permitted
for domestic use, and an existing septic that services the residence. He noted the applicant is
requesting portable toilets and bottled water be used; however, they do not currently meet
Environmental Health (EH) policy. He indicated the well will need to be repermitted for commercial
use, and the septic will need to be reviewed by an engineer if utilized by the business. He
explained there will be no fuel, chemical storage, or floor drainage on the site, washing of vehicles
will be limited, and Development Standard (DS) #9-20 address EH items.
• Eddie Wright, applicant, stated he had no additional comments, and in response to Chair
Kirkmeyer described his business operation.
• No public testimony was offered concerning this matter.
• Mr. Wright stated he had no concerns regarding the proposed Conditions of Approval (COA)
and DS. In Response to Commissioner Freeman, the applicant described the lighting on the site,
in turn, Commissioner Freemen requested to delete COA #B.6. Regarding COA #1.A, the
applicant told Chair Kirkmeyer his engineer is working with the CWCWD. Chair Kirkmeyer
2019-0410
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requested clarification on COA #5.C, concerning what the local fire district requirements are and
how they are different than the general fire code. In response, Mr. Ogle stated for a commercial
building, the applicant must submit plans and an Emergency Action Plan with the Fire District
before they can apply for a County Building Permit. In regards to the accesses, after much
discussion between the Board, staff, Mr. Haug, and the applicant, Chair Kirkmeyer recommended
access at the intersection be limited to residential only, and the Board agreed.
lE After discussion regarding DS #3 and the hours of operation, Commissioner Freeman
requested deleting the standard, and the Board agreed. In response to Commissioner Freeman,
the applicant agreed to change the number of employees listed in DS #4 to five (5). Chair
Kirkmeyer requested language in DS #16 to ensure portable toilets are screened from adjacent
properties. Mr. Frissell clarified the reasoning for the Air Emissions Permit and Mr. Ogle explained
it is for the paint booth. Mr. Ogle provided language for a new DS #22 to state, "The access
located at the intersection of CR 44 and CR 35.5 shall be limited to a residential access only, and
no commercial traffic associated with the business may utilize this access location."
In response to Chair Kirkmeyer, Mr. Wright indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
la Commissioner Freeman moved to approve the request of Eddie Wright, Brittany Wright, and
Rita Giant for a Site Specific Development Plan and Use by Special Review Permit, USR18-0092,
for Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial
or Industrial Zone Districts (vehicle repair and services, automotive body shop), provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions 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 and entered into the record. The motion was
seconded by Commissioner Moreno, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:53 a.m.
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This Certification was approved on the 4th day of February, 2019.
BOARD OF COUNTY COMMISSIONERS
WAD COUNTY,COLORADO
ATTEST: d4) w �;eA
Weld County Clerk to the Board
BY:
Deputy Clerk
ounty torney
Barbara Kirkrti(eyer, Chair
ms4L-1.„______
Mike Freeman, Pro-Tem
Date of signature: 3-1-1ci
2019-0410
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