HomeMy WebLinkAbout20172004.tiffHEARING CERTIFICATION
DOCKET NO. 2017-58
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0010, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (SHOP FOR LIGHT BODY WORK AND STORAGE OF PARTS ALONG
WITH OCCASIONAL OUTDOOR PAINTING OF BUMPERS AND FENDERS, ETC.),
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 - WILLIAM WORRELL, C/O BOOTH MOTORS, LLC
A public hearing was conducted on July 12, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated June 2, 2017, and duly published
June 7, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request of
William Worrell, do Booth Motors, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0010, for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (shop for light body work and
storage of parts along with occasional outdoor painting of bumpers and fenders, etc.), 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. Bob Choate, Assistant County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, reviewed the number of employees and hours of operation and explained the
application is the result of a Zoning Violation, ZCV16-00144, due to operating an auto body shop
business without the proper permits. Mr. Gathman reported the applicant held a community
meeting on January 26, 2017, which no surrounding property owners attended. He reviewed the
referral comments from the Mountain View Fire District stating there is not an adequate water
supply and described the steps being taken by the applicant to ensure this requirement is met.
Mr. Gathman provided the site location in relation to other USRs in the area and nearest
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2017-2004
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HEARING CERTIFICATION - WILLIAM WORRELL, C/O BOOTH MOTORS, LLC (USR17-0010)
PAGE 2
residences, and stated no correspondence has been received from surrounding property owners.
He stated 18 referrals were sent out, with 13 referral responses received, and he reviewed the
referral response comments from the Town of Mead. Mr. Gathman displayed images of the site
and surrounding properties and entered the favorable recommendation of the Planning
Commission into the record as written. In response to Commissioner Kirkmeyer, Mr. Gathman
stated the Town of Mead returned two (2) referral responses, one stating no conflicts and a follow
up response with comments.
• Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating the applicant needs to work with the Town of Mead
regarding an Access Permit and he reviewed the traffic counts on County Road 5.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the applicant is not proposing to change the imperviousness of the
site, which exempts the requirement for a drainage report and/or detention pond.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating bottled water and portable toilets are acceptable and Development Standards
(DS) #11-19 address Environmental Health items.
el Nick Booth, applicant, stated he was under the impression this building was permitted for
this Use and he apologized for the violation and stated his goal to be in compliance. He explained
the intent to perform minimal body work on vehicles for his car dealership, Booth Motors, LLC. In
response to Commissioner Kirkmeyer, Mr. Booth stated the location of the car dealership.
• No public testimony was offered concerning this matter.
El In response to Commissioner Kirkmeyer, Mr. Gathman forwarded the updated referral
response from the Town of Mead. In response to Commissioner Moreno, Mr. Booth stated the
painting will take place outside.
• In response to Commissioner Kirkmeyer, Mr. Booth stated he does not know what the
Highland Ditch Company is requesting.
• In response to Chair Cozad, Mr. Frissell explained there would be an Air Emission Permit
requirement if they met certain thresholds and it is up to them to get an exemption letter based
on the current minimal frequency.
el In response to Chair Cozad, Mr. Booth stated the lease for the USR site is much more
affordable and is a better option. He stated they have been operating on the site for a year and a
half. Mr. Gathman interjected regarding the process to obtain building permits hinges on the
approval today to proceed as a commercial business, which is Condition of Approval (COA) #1.D.
• In further response to Chair Cozad, Mr. Booth stated he met with Mr. Worrell and can
construe an affordable contract to complete the excavation and piping needed for water service
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HEARING CERTIFICATION - WILLIAM WORRELL, C/O BOOTH MOTORS, LLC (USR17-0010)
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to connect to the Little Thompson Water District. Mr. Gathman interjected an explanation
regarding the requirement regarding water service or they cannot get the plat recorded. In
response to Commissioner Kirkmeyer, Mr. Gathman stated he does not have a letter but has a
verbal affirmation that the Little Thompson Water District can provide water if the applicant can
install the pipe to meet the source. Chair Cozad stated the verbal confirmation from Mr. Gathman
is adequate to move forward. Mr. Choate interjected there is a letter from the Little Thompson
Water District and he provided the file location for the Board's viewing.
• In response to Chair Cozad, Mr. Gathman stated the Planning Department notified the Town
of Mead. Mr. Booth stated he had a phone conversation with the Town of Mead. Mr. Gathman
clarified the Town of Mead was notified of today's hearing and was given the opportunity to attend.
el In response to Chair Cozad, Mr. Booth indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards.
In response to Commissioner Moreno, Chair Cozad stated the applicant is agreeing to the
hours of operation and the limitation to paint only twice per week. Mr. Booth concurred.
• In response to Commissioner Kirkmeyer, Mr. Gathman provided the map of the Town of
Mead's Comprehensive Plan. After further discussion, she recommended deleting Condition of
Approval (COA) #1.A. The Board agreed. In response to Commissioner Conway, Mr. Booth stated
based on the size of the shop, he does foresee the need to increase the number of employees.
• After a lengthy discussion regarding the map of the Comprehensive Planning Area of the
Town of Mead, Commissioner Kirkmeyer moved to approve the request of William Worrell, do
Booth Motors, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0010, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (shop for light body work and storage of parts along
with occasional outdoor painting of bumpers and fenders, etc.), 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. She also requested the
deletion of the portion of Paragraph #2.D from the findings to include subparagraphs #2.D.1 and
#2.D.2 based on compatibility with the surrounding properties and future growth in the area. The
motion was seconded by Commissioner Conway, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:25 a.m.
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HEARING CERTIFICATION - WILLIAM WORRELL, C/O BOOTH MOTORS, LLC (USR17-0010)
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This Certification was approved on the 17th day of July, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datdreti ` •k
Weld County Clerk to the Board
arbara Kirkmeyer
ounty A ttorney
Date of signature: '71x5117
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
2017-2004
PL2477
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