HomeMy WebLinkAbout20180518.tiffHEARING CERTIFICATION
DOCKET NO. 2018-16
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0071, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICT (VEHICLE
SERVICE/REPAIR ESTABLISHMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
DAYTON STREET, LLC, C/O RICHARD BAUER, MIDWEST AUTO BODY
A public hearing was conducted on February 28, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway — EXCUSED
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, 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, Ben Frissell
The following business was transacted:
• Chair Moreno reviewed, for the applicant and public, the procedures to follow should the
case result in a tie vote due to four Commissioners being present and Commissioner Conway
excused.
• I hereby certify that pursuant to a notice dated January 18, 2018, and duly published
January 24, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Dayton Street, LLC, c/o Richard Bauer, Midwest Auto Body, for a Site Specific Development
Plan and Use by Special Review Permit, USR17-0071, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial Zone District (vehicle service/repair
establishment) 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 approximate one (1) acre site is located adjacent to the Township of Wattenburg and
is within the three (3) mile referral area for the Cities of Brighton and Fort Lupton, and Adams
County, and he reviewed the referral responses from these municipalities. He stated the applicant
held a community meeting on April 29, 2017, and there were no attendees. He further reported
there has been no correspondence regarding this application. Mr. Ogle reviewed the applicant's
intent to utilize the existing building for auto restoration and repair, and for the construction of
street rods. He clarified the site is not within the Geologic Hazard area or the Airport Overlay
District, but it is in the Flood Hazard area and a Floodplain Hazard Development Permit is required
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HEARING CERTIFICATION - DAYTON STREET, LLC, C/O RICHARD BAUER, MIDWEST
AUTO BODY (USR17-0071)
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and there can be no outside storage of floatables on the property and if the structure on -site were
to be used as living quarters, it would need to conform to FEMA regulations. He clarified the
building has been determined to be a non -conforming use and it will be required that the applicant
complete an NCU Application to be in compliance due to setback regulations. Mr. Ogle reviewed
the details of the Zoning Violation and stated the Board's approval will correct the violation;
however, a denial will require the applicant to remove all evidence of the business by May 1,
2018. He stated staff sent out 16 referrals and received eight (8) referral responses with
comments that have been taken into consideration in the staff recommendation. He displayed
images of the site and surrounding properties and entered the favorable recommendation of the
Planning Commission into the record as written.
• Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements and stated access to the site is from Grace Avenue and
reported according to the application materials, the applicant proposes fewer than ten (10) daily
trips to the site. He recommended the requirement for a road maintenance agreement; however,
no tracking control will be required.
• Hayley Balzano, Public Works Engineer representative, presented the drainage and grading
requirements and reported the applicant submitted a drainage narrative stating the site meets
Drainage Exception #1.A.8 due to the use not increasing imperviousness and she reviewed the
related Conditions of Approval and Development Standards as they pertain to Engineering.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating water is provided by the Wattenburg Improvement Association and a septic
system sized for up to 13 employees (G19780397) serves the shop. He reported the application
indicates there will be three (3) full-time employees along with vendors and contractors that visit
periodically, no fuel stored on -site, and there will be no washing of vehicles or mechanical parts
on -site. Mr. Frissell stated the facility has four (4) floor drains that collect only rain water and that
no material related to work at the facility impacts the drains. He reported an APEN (air emissions
permit) may be required based upon the amount of paint that is utilized. Mr. Frissell stated
Development Standards (DS) #9-21 address Environmental Health items.
• Richard Bauer, applicant, stated much of the debris that was evidenced by photograph has
been removed, and that most of the vehicles stored on -site are running. He reported no problems
with flooding.
• No public testimony was offered concerning this matter.
In response to Chair Moreno, Mr. Bauer indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as proposed.
• in response to Commissioner Kirkmeyer, Mr. Bauer explained why he selected the site in
Wattenburg and stated he has been in business since 1983 and was operating in Longmont;
however, the building he was leasing was torn down and the area re -zoned and did not allow for
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HEARING CERTIFICATION - DAYTON STREET, LLC, C/O RICHARD BAUER, MIDWEST
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auto body repair so he began looking for other commercial and industrial property in Weld County
and the sign said commercial/industrial and the history of the site was a commercial use so he
assumed it was a commercial property. He mentioned it was also a quiet location and out of the
way. Mr. Bauer stated he runs a low-key repair facility typically for older cars from the 50s, 60s,
and 70s, and that he only works on a few at a time. He clarified there are usually six to ten vehicles
stored outside and they are licensed and mobile.
• In response to Commissioner Cozad, Mr. Bauer stated most of the debris has been cleaned
up; however, he is still working on it. He explained most of the debris was from the landlord making
improvements to the building and stacking remains outside which blew around the site. Mr. Bauer
described the fencing around the property as wooden, other than a small portion of chain link
fencing by the driveway.
• In response to Chair Moreno, Mr. Bauer stated he immediately began his business upon
moving in, in 2015. He explained he began working with the Planning Department as soon as he
knew he was in violation.
El In response to Commissioner Cozad, Mr. Pinkham pointed out the accesses. Mr. Ogle
clarified Ruth Street was vacated and the building is non -conforming because it does not meet
setbacks. He confirmed, according to the GIS Map, the vacated Ruth Street went to the applicant's
property and that there is a wooden fence that surrounds the property; however, it may be better
to extend it approximately 15 feet to the gate to improve screening. Mr. Ogle explained the need
for a Change cf Use Building Permit in general and mentioned living quarters were added at one
time and if the applicant wishes to utilize a portion of the building for living quarters, there are
other permits required. Commissioner Cozad suggested language be added to require a building
permit. Mr. Choate interjected that was a requirement on the stipulation from court but he is unsure
if the permit has been applied for. Mr. Ogle stated he does not believe the building permit has
been applied for. Commissioner Cozad stated language needs to be added requiring the building
permit be applied for by May 1, 2018, in support of the court stipulation. In further response,
Mr. Ogle verified the entire property is in the floodplain.
• Commissioner Cozad recommended adding a new Condition of Approval (COA) #1.C,
requiring a Screening/Landscaping Plan to prevent visual impact to surrounding neighbors, and
amending COA #1.H.5, to change the word "existing"to "approved". Mr. Ogle provided language
requiring the Change of Use Building Permit and suggested it be a new COA #1.G. Commissioner
Kirkmeyer recommended adding the deadline of May 1, 2018, as stated in the court stipulation.
The Board agreed with the changes.
• Commissioner Kirkmeyer suggested amending DS #7 to comply with the approved
Landscaping/Screening Plan. She further recommended changing DS #15 to the Residential
noise standard. The Board agreed to these changes.
• Chair Mo; eno reviewed the changes for the applicant.
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HEARING CERTIFICATION - DAYTON STREET, LLC, C/O RICHARD BAUER, MIDWEST
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El Mr. Pinkham interjected his concern regarding no parking in front of the building due to the
right-of-way. The Board agreed to keep these requirements in place.
In response to Chair Moreno, Mr. Bauer 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 Dayton Street, LLC, c/o Richard
Bauer, Midwest Auto Body, for a Site Specific Development Plan and Use by Special Review
Permit, USR17-0071, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial Zone District (vehicle service/repair establishment) 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 Freeman, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:55 a.m.
This Certification was approved on the 5th day of March, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dlice,L)
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
AP -PRO
ounty At'orney
Date of signature: O`!-OA'"/8
Steve Moreno, Chair
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Pro -Tern
EXCUSED
Sean P. Conway
&I,14; ea -dad
Julie A. Cozad
Mike Freeman
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