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Home My WebLink About20180370.tiffHEARING CERTIFICATION DOCKET NO. 2018-09 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0062, FOR A HOME BUSINESS (AUTO BODY WORK AND VEHICLE REPAIR) IN THE A (AGRICULTURAL) ZONE DISTRICT - JASON HROBSKY A public hearing was conducted on February 7, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro -Tern Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: Acting Clerk to the Board, Esther Gesick/Tisa Juanicorena Assistant County Attorney, Bob Choate Planning Services Department representative, Kim Ogle Public Works Department representative, Evan Pinkham Public Works Engineer representative, Hayley Balzano Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated December 28, 2017, and duly published January 2, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Jason Hrobsky, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0062, for a Home Business (auto body work and vehicle repair) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and stated the site is not located in the three (3) mile referral area of any municipality or county. He reviewed the adjacent land uses and stated the applicant held a community meeting September 27, 2017, and no neighbors attended. Mr. Ogle stated an adjacent neighbor, Ms. Brewer, sent a letter requesting there not be a fence on the property, and there was no other correspondence received regarding this matter. He described the intent to utilize the existing outbuilding for repair and maintenance and stated the proposed hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. He reported the application to be the result of an active Zoning Violation, ZCV17-00230, due to operation of a vehicle repair business without the proper zoning permits. He reviewed the requirements if the case is denied, and stated, if it is approved, it will correct the violation. Mr. Ogle stated staff sent out 11 referrals and received six (6) referral responses with comments that have been considered in staff recommendations. In response to Commissioner Conway, Mr. Ogle confirmed the neighbor to the north did not want the fence. He displayed images of the site layout and surrounding area and entered the unanimous favorable recommendation of the Planning Commission into the record as written. cc,t PLC KO /01M), PT.(H©), Ef-t(LL), cr(3C TJ) 03/(5/re 2018-0370 PL2521 HEARING CERTIFICATION - JASON HROBSKY (USR17-0062) PAGE 2 Evan Pinkham, Department of Public Works representative, provided a brief overview of the transportation plans and requirements. He stated the site will be accessed from County Road 39 and he provided the average daily traffic counts and truck percentages. He reported the applicant submitted a Traffic Narrative which indicated a maximum of four (4) daily round trips. Mr. Pinkham clarified there is no tracking control, nor an Improvements Agreement, required for this use. • Hayley Balzano, Public Works Engineer representative, presented the drainage and grading requirements and stated the applicant meets exception #1.A.8 due to not changing the imperviousness of the site. She reviewed the related Development Standards. • Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, stating there is an individual domestic well that provides water to the existing home and an on -site septic system sized for three (3) bedrooms; however, if they use the well and septic for the business, the applicant will be required to re -permit the well for commercial use and have the septic system inspected. She clarified the use of portable toilets and bottled water is acceptable for up to two (2) full-time employees. Ms. Light stated the applicant is proposing to perform body work on the vehicles and may be washing vehicles and they stated they will bring in water since they may not use the well for that purpose and will not use detergents. She reported the Noise is limited to the Commercial Noise statute and she stated Development Standards (DS) #10-22 address Environmental Health items. In response to Commissioner Conway, Ms. Light confirmed the applicant may have two (2) full-time employees or up to four (4) part-time employees and if they surpass that they will have to get the well re -permitted for commercial use. In response to Commissioner Cozad, Ms. Light stated there is no auto repair on -site, only body work and she deferred to the applicant regarding painting. Jason Hrobsky, applicant, stated he has one employee and they perform auto body repair for one specific company on all new model year vehicles and the scope of work includes bumper covers. He stated they do some painting but they do not perform mechanical work. No public testimony was offered concerning this matter. In response to Commissioner Cozad, Mr. Hrobsky stated he has a paint booth and he is aware of the state regulations regarding painting as he has been in the business for many years. In response to Commissioner Conway, he agreed to amending the number of employees to reflect up to two (2) full-time or four (4) part-time employees. In response to Commissioner Kirkmeyer, Mr. Hrobsky said there will be no more than approximately 12-15 vehicles parked outside. In response to Chair Moreno, he stated he might like the option for extended hours for deliveries. Commissioner Freeman recommended deleting the hours of operation. In response to Commissioner Conway, Mr. Ogle stated there is minimal landscaping around the residence and otherwise is native to the eastern plains. • In response to Chair Moreno, Mr. Hrobsky indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as proposed. 2018-0370 PL2521 HEARING CERTIFICATION - JASON HROBSKY (USR17-0062) PAGE 3 • Commissioner Cozad requested clarification on COA #5.6 regarding the Change of Use Building Permit. She suggested deleting COA #1.6.5 regarding delineating the landscaping on the map as there is very little landscaping. She further suggested deleting DS #8 also regarding landscaping. Commissioner Cozad reminded the Board of Commissioner Freeman's suggested deletion of DS #3 regarding the hours of operation and she requested DS #4 be amended to reflect the discussion to clarify the number of employees to two (2) full-time employees and four (4) part-time employees. The Board agreed to these changes. In response to Commissioner Kirkmeyer, Ms. Light confirmed the applicant may or may not need an Air Pollution Permit as it is based on the amount of paint they are using. Commissioner Kirkmeyer requested the first sentence be deleted from DS #13 and she suggested a new DS reflecting the maximum number of vehicles associated with the business and if the number of vehicles associated with the business surpasses this number, the applicant will be required to screen the parked vehicles. The Board agreed to limit the number of vehicles to 20 and added this language to DS #5. • In response to Chair Moreno, Mr. Hrobsky indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. • Commissioner Cozad moved to approve the request of Jason Hrobsky, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0062, for a Home Business (auto body work and vehicle 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 and entered into the record. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 10:29 a.m. This Certification was approved on the 12th day of February, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daif4A) i ;, Weld County Clerk to the Board BY: Deputy Clerk to the Bo APP' e i AS TO un y Attorney Date of signature: 03-'3-l' e Moreno, Chair St arbara Kirkmeyer, ro-Tem Sean P. Conway EXCUSED DATE OF APPROVAL Julie A. Cozad Mike Freeman 2018-0370 PL2521 ATTENDANCE LIST -- -- -- ..‹...__/ I I (1 NAME - PLEASEPRINTLEGIBLY EMAIL Q ADDRESS COUNTY OF RESIDENCE SPEAKING? 11 S C I-[ 1../4Sc,o... (YIN) .__-- 1-2)0tit e- lr.---fi -cr,-S'.35° Rcw„,5.,- — y `��vt d a —1.- j° �' 1� ) (D�(��"ry/yam'01,6, 6O0. vfnv-n-4— J6-t)I /4`L/ ' C..C)�' l 1 PV )`" ` 7OL'}yl/L1`-1 / V „.,),-1..,,, F-e.,6sei -)f--rrQ1. SKki,9A,e7z.....c.c_co-, /355- ► Jca- .3`4a Lie t t k i1Y� Qn�, � �a^(�l .i1A0.� �GSGl C��. 9VY,eefl aCo'h I �- 1 l�„eR ;ZCI RA -0,i Iln !/11 t��(nSY I,�11�.�Cb 1\� L�i /} q�6'1 L1`l �/ A \,) (2G� i5cv�+,�ic�i •,.Lu,�`f J 13/+— rlyitdG.1 l Ve.,,eiL Hello