The URL can be used to link to this page

Browse Search

Home My WebLink About20180507.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0071 DAYTON ST, LLC, C/O RICHARD BAUER, MIDWEST AUTO BODY KIM OGLE 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. LOT 8 BLOCK 7 WATTENBERG AND PART OF THE NE4; ALL IN SECTION 25, Ti N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 550 SOUTH OF CR 6; EAST OF AND ADJACENT TO GRACE AVENUE; EAST OF FREDERICK STREET be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2- 220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G.7 - A.Policy 7.2 states "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The surrounding properties consist of rural residential properties located within the Wattenberg Townsite and several residences are in close proximity to this proposed facility. There are twenty- seven (27) parcels within 500 feet of the property. Section 23-2-240.A.10 states "Buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses." The proposed use is in an area that can support this development and the existing and proposed screening, the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.S allows 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, to be located in the A (Agricultural) zone district upon approval of a Use by Special Review permit. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property is permitted for mineral resource extraction to the east and south [AmUSR- 421 Asphalt Paving USR-1350 Aggregate Industries]; to the west and north is the Townsite of Wattenberg with several residences in close proximity, and North of County Road 6 are lands utilized for agricultural uses. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or RESOLUTION USR17-0071 DAYTON ST, LLC, C/O RICHARD BAUER, MIDWEST AUTO BODY PAGE 2 ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Cities of Brighton and Fort Lupton and Adams County. The city of Fort Lupton in their response to the Coordinated Panning Agreement referral comments, dated March 28, 2017 indicated the property is located in an area covered by our [Fort Lupton] IGA with Brighton, so we [Fort Lupton] do not have any comments on the application. The city of Brighton and Adams County did not respond. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District or the Airport Overlay District. The property is located within a Special Flood Hazard Area. A referral response was received from the Weld County Department of Planning Services — Floodplain planner indicating a Flood Hazard Development permit is required to be submitted and approved for the use and no outdoor storage of floatables is allowed in the floodplain. Finally, 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. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, Program. County Facility Fee and Drainage Impact Fee Programs F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on "Other Land" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2- 250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the USR Map: 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 applicant shall provide evidence to the Department of Planning Services that all noncommercial junkyard items located on the property are screened from all adjacent properties and public rights -of - way, or have been removed from the property. (Department of Planning Services) C. The applicant shall submit a signed Non -Conforming Structure land use application to the Department of Planning Services. (Department of Planning Services) D. The applicant shall attempt to address the requirements of Brighton Fire Rescue District as stated in their referral dated January 9, 2018. Evidence shall be submitted to the Department of Planning Services and Building inspection. (Department of Planning Services) RESOLUTION USR17-0071 DAYTON ST, LLC, CIO RICHARD BAUER, MIDWEST AUTO BODY PAGE 3 E. A Flood Hazard Development Permit (FHDP) is required to be submitted and approved for this use. (Department of Planning Services - Floodplain) F. No outdoor storage of floatables is allowed in the floodplain. (Department of Planning Services — Floodplain) G. 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) H. The USR Map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR17-0071. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall show the existing landscaping and/or screening. (Department of Planning Services) 6. The map shall show the on -site lighting. (Department of Planning Services) 7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. The map shall show the parking area for the vendors, customers and/or employees. (Department of Planning Services) 9. 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) 10. Show and label the approved access locations, and the appropriate turning radii (60 -foot) on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 11. 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) 12. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) 13. Show and label 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) 14. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer) RESOLUTION USR17-0071 DAYTON ST, LLC, CIO RICHARD BAUER, MIDWEST AUTO BODY PAGE 4 15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) 5. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Michael Wailes. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Terry Cross Tom Cope Gene Stille Lonnie Ford Richard Beck Against Passage Absent Jordan Jemiola The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY RESOLUTION USR17-0071 DAYTON ST, LLC, O/O RICHARD BAUER, MIDWEST AUTO BODY PAGE 5 I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on February 6, 2018. Dated the 6th of February, 2018 Kristine Ranslem Secretary RESOLUTION USR17-0071 DAYTON ST, LLC, C/O RICHARD BAUER, MIDWEST AUTO BODY PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071 1. A Site Specific Development Plan and Special Review Permit, USR17-0071, 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, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation are 8:00 a.m. - 5:00 p.m. Monday — Friday. (Department of Planning Services) 4. The number of on -site employees shall be 3. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 8. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. 16. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For RESOLUTION USR17-0071 DAYTON ST, LLC, O/O RICHARD BAUER, MIDWEST AUTO BODY PAGE 7 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. 17. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 19. 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. 20. 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. 21. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 22. The property owner shall control noxious weeds on the site. (Department of Public Works) 23. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 25. 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) 26. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 27. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 28. 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) 29. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services - Floodplain) RESOLUTION USR17-0071 DAYTON ST, LLC, C/O RICHARD BAUER, MIDWEST AUTO BODY PAGE 8 30. No outdoor storage of floatables is allowed in the floodplain. (Department of Planning Services — Floodplain) 31. 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) 32. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 33. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 34. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 35. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 36. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 37. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 38. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Public Health and Environment) 39. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 40. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than RESOLUTION USR17-0071 DAYTON ST, LLC, CIO RICHARD BAUER, MIDWEST AUTO BODY PAGE 9 in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. O/ O Col 9O1s;‘• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, February 6, 2018 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Terry Cross, at 12:40 pm. Roll Call. Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope. Absent: Jordan Jemiola Also Present: Kim Ogle, Chris Gathman, and Diana Aungst, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham and Hayley Balzano, Department of Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the January 16, 2018 Weld County Planning Commission minutes, Moved by Bruce Sparrow, Seconded by Gene Stille. Motion passed unanimously. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0071 DAYTON ST, LLC, C/O RICHARD BAUER, MIDWEST AUTO BODY KIM OGLE 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. LOT 8 BLOCK 7 WATTENBERG AND PART OF THE NE4; ALL IN SECTION 25, TIN, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 550 SOUTH OF CR 6; EAST OF AND ADJACENT TO GRACE AVENUE; EAST OF FREDERICK STREET Kim Ogle, Planning Services, presented Case USR17-0071, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham, Public Works, reported on the existing traffic and access to the site. Hayley Balzano, Engineering, reported on the drainage conditions for the site. Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Richard Bauer, 1884 Grace Ave, Wattenberg, stated that he has been in business for 32 years and was previously in Longmont. The City of Longmont purchased the property he was operating from and because of the zoning in Longmont he wasn't allowed to continue to operate his business. Therefore, he relocated to Weld County. Commissioner Sparrow asked when he relocated to Weld County. Mr. Bauer said that they moved in December of 2015. Commissioner Ford clarified if they won't be using water to clean vehicles. Mr. Bauer said that the vehicles they clean up they rinse off with spray bottles and detailers. Commissioner Ford referred to the Brighton Fire Department's referral regarding fire sprinklers for the buildings. Mr. Bauer said that he is installing a fire sprinkler in the paint booth. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 1 The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR17-0071 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope. Meeting adjourned at 5:48 pm. Respectfully submitted, q�a�lbEuiC YLan,6L.2 Kristine Ranslem Secretary 2 ATTENDANCE RECORD NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip I-1— c /6-7-171 ta_7'eC) I;- /& e ea_v4 A-1---",17.-e-,e:_a \''-ef12-- '}'Yla.10 :, Li. -5(7/.:7T ' `_- -‘--7,5-.5O /i4P-- 64 , ,,, .. Di_-,,, :,)-7 £" c i t', "-4 r ."t J2w L,r 'c- l I rim\ 1ft"p 1 ( � (f2- _ F-4-) Hello