HomeMy WebLinkAbout20173158.tiffHEARING CERTIFICATION
DOCKET NO. 2017-73
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0028, FOR A HOME BUSINESS (PAINTING, RESTORATION AND
CONSTRUCTION) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOHN AND
KATHLEEN TRAVIS
A public hearing was conducted on September 27, 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, Kim Ogle
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 August 17, 2017, and duly published
August 22, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request
of John and Kathleen Travis, for a Site Specific Development Plan and Use by Special Review
Permit, USR17-0028, for a Home Business (painting, restoration and construction) 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
described the property in relation to relevant County roads and the three (3) mile referral area of
the Towns of Frederick and Erie, the City of Longmont, and Boulder County. He described the
uses on adjacent lands and reported no phone calls or correspondence from surrounding property
owners. Mr. Ogle described the site to include a single-family residence, separate auxiliary
building, parking area and landscaping. He explained the applicant is proposing to use the existing
auxiliary building for a painting business and he reviewed the number of employees, hours of
operation, and reason for the zoning violation which will be corrected should this matter be
approved. Mr. Ogle reported the applicant scheduled a community meeting; however, there were
no attendees. He stated 14 referrals were sent out and six (6) responses were received with
comments. He displayed images of the site and surrounding views and entered the favorable
recommendation of the Planning Commission into the record as written.
Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements and stated an Access Permit, AP17-00334, has been approved, which
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stipulates to utilize the existing access. He provided the average daily traffic count to include truck
percentages and stated the traffic narrative indicated 1-5 daily round trips associated with the use
and there is no tracking control or Improvements Agreement required at this time.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the proposed use causes no changes to the imperviousness of the
site and a drainage report and detention pond design will not be required.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating bottled water and portable toilets are acceptable; however, if the existing
residential septic is utilized, it may need to be reviewed. He stated Development Standards (DS)
#11-19 address typical Environmental Health items.
John Travis, applicant, stated his business has grown into a full -service painting business
and he has started using the existing auxiliary building for the business. He clarified most of the
business is conducted at the work site, and only a small portion is done on his property.
• No public testimony was offered concerning this matter.
In response to Commissioner Moreno, Mr. Travis stated the maximum number of employees
would be three (3). In response to Commissioner Kirkmeyer, he explained the spray painting
booth and the finishes to the garage to include a concrete floor with an engineered exhaust system
fan that can evacuate the over -sprayer fumes.
• In response to Commissioner Kirkmeyer, Mr. Travis stated he has contacted the State
regarding an Air Permit. Mr. Frissell interjected there is a Development Standard regarding the
possibility for an Air Permit; however, based on the limited amount of painting done on -site, the
applicant may be exempt per State requirements. In further response Mr. Frissell stated there is
no Condition regarding the Air Permit, but if the Board decides a Condition is needed, he can
provide language.
• In response to Commissioner Kirkmeyer, Mr. Travis stated he is not washing vehicles or
equipment and he has no lighting or construction route. He confirmed he has spoken to the Fire
District and understands he needs to meet their requirements. Mr. Travis described his parking
area and stated that he maintains his access and road, and has put gravel around the building.
El Commissioner Kirkmeyer recommended deleting Condition of Approval (COA) #1.D.11, and
adding the word "existing" in front of parking on Development Standard (DS) #7. Commissioner
Kirkmeyer further suggested deleting DS #14, and amending DS #15 to read, "if applicable"
instead of "as applicable". She suggested deleting DS #16 and #24. Commissioner Moreno
recommended deleting DS #22. Commissioner Freeman suggested deleting COA #1.D.6. Chair
Cozad asked staff for clarification regarding COA #1.C. Mr. Ogle explained the Condition. The
Board agreed to delete COA #1.C. and COA #1.B., and agreed to all the aforementioned
amendments.
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Chair Cozad reviewed the changes for the applicant. In response to Chair Cozad, Mr. Travis
indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development
Standards, as amended.
Commissioner Moreno moved to approve the request of John and Kathleen Travis for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0028, for a Home
Business (painting, restoration and construction) 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 10:45 a.m.
This Certification was approved on the 2nd day of October, 2017.
ATTEST: dithiv..K L;e/r.
Weld County Clerk to the Board
BY
AP
Barbara Kirkmeyer
ounty A torney
Date of signature: 1O t l Cv ( l'7
BOARD OF COUNTY COMMISSIONERS
WELD COU Y, COLORADO
d
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
EXCUSED DATE OF APPROVAL
Sean P. Conway
ike Freeman
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