HomeMy WebLinkAbout20101316.tiff HEARING CERTIFICATION
DOCKET NO. 2010-08.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1725 FOR A USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE
IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPING BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT- BRIAN AND SUSAN WILLIAMS
A public hearing was conducted on July 14, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated June 22, 2010, and duly published June 24,
2010, in the Windsor Beacon, a public hearing was conducted to consider the request of Brian
and Susan Williams for a Site Specific Development Plan and Use by Special Review
Permit#1725 for a Use Permitted as a Use by Right or Accessory Use in the Commercial Zone
District (landscaping business) in the A (Agricultural) Zone District. Bruce Barker, County
Attorney, made this a matter of record.
Michelle Martin, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. She stated the site is located east of County Road 17, and north of County Road 42,
and the surrounding properties to the north, east, and west have been annexed into the Town of
Johnstown. She indicated the site is located within the three-mile referral area for the Towns of
Johnstown, Berthoud, and Milliken, with no comments being provided by the Town of Berthoud,
and the Town of Milliken did not return a referral response. She stated the referral from the
Town of Johnstown indicates that it is believed the business has been in operation for quite
some time, with presumed County approval, and the Town is not aware of any conflicts or
complaints. She further stated the referral indicates the property is adjacent to undeveloped
property zoned for single-family residential uses, known as the Willow Creek Subdivision, and
the Town believes the light industrial nature of the business is not compatible. She clarified the
Town of Johnstown requested the USR permit, if approved, expire within one year of approval
of the final plat for the Willow Creek subdivision. Ms. Martin clarified Development Standard #3
indicates the permit is transferrable to any successors of the property, which staff believes is the
appropriate way to address the concerns presented by the Town of Johnstown. She indicated
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the property is currently in violation for the operation of the landscaping business without the
proper permit, and if this application is approved, the violation will be closed; however, if the
application is denied, the matter will be referred to the County Attorney's Office, with a delay of
legal action for 30 days. She stated fourteen referral agencies reviewed the application
materials, and nine responded favorably or provided comments which have been addressed
within the Conditions of Approval and Development Standards. She further stated no
comments were received from the Town of Milliken, the Weld County Sheriff's Office, the Little
Thompson Water District, or the Johnstown Fire Protection District. Ms. Martin displayed
photographs of the site and surrounding area, and confirmed the residence on the site is
currently rented out by the property owner. In response to Chair Rademacher, Ms. Martin
explained the exact components of the Screening Plan have not yet been finalized; however,
the applicant must screen the storage of all outdoor materials and parking areas. Responding
to Commissioner Conway, Ms. Martin confirmed she is unsure how long the applicant has been
operating the landscaping business from the site. She explained the violation was initiated
when the applicant applied for a building permit to renovate one of the buildings on the property;
however, staff has also received complaints from surrounding property owners.
Heidi Hansen, Department of Public Works, stated the Town of Johnstown has jurisdiction of
this portion of County Road 17, and the applicant will utilize the existing access. She stated the
access drive shall be surfaced with gravel, or the equivalent, to help prevent tracking debris
onto the road, and the requested water quality feature area has been provided. Chair
Rademacher questioned the necessity of Condition of Approval #1.E since the road is under the
jurisdiction of the Town of Johnstown. In response, Ms. Hansen confirmed staff held
discussions regarding this Condition, and it was decided that the Department would request the
requirements for the classification of the road as determined by the County, and if the Town of
Johnstown could request other requirements within their referral response. She indicated since
the County does not have jurisdiction of the road, the Condition could be deleted and Chair
Rademacher confirmed he prefers for the Condition to be deleted. Commissioner Kirkmeyer
disagreed with the deletion of the language, and clarified the road will have to contain specified
setbacks for any future buildings. In response to Commissioner Kirkmeyer, Ms. Hansen
indicated the applicant will be responsible for verifying the appropriate setback distances with
the Town of Johnstown, since they have jurisdiction of the road. Commissioner Kirkmeyer
suggested the language be modified to indicate that the setbacks be consistent with the
standards as approved by the Town of Johnstown.
Lauren Light, Department of Public Health and Environment, stated water is provided to the site
from the Little Thompson Water District, and the residence contains an existing septic system,
which was evaluated in 2009; however, the inspection report was incomplete. She clarified,
because the septic permit has since expired, the applicant will need to have his engineer update
the report and apply for a new septic permit, and the applicant has been advised of this
requirement. She clarified there are fuel tanks located on the property, therefore, the applicant
is required to address a potential spill from these tanks within the Waste Handling Plan, and the
applicant is also required to submit a Dust Abatement Plan. She confirmed Development
Standards#6 through #18 address the typical requirements of the Department.
Brian Williams, applicant, indicated he intends to retain the white metal building on the property,
with half to be utilized as a shop, and half to be utilized as an office. He clarified he has
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operated his business from this property for the past three years, and he plans to demolish the
building on the site which creates an eyesore. He explained there is a silo located along the
northern boundary of the property, and he plans to install a natural green fence with thick
evergreen trees. He further explained the south boundary of the property will also be lined with
trees, and he currently has 21 acres of trees growing at an existing tree farm. He stated there is
a head gate at the southeast corner of the property, and he intends to dig a pond to fills with
water from his shares of the ditch company. He confirmed the site will be completely screened
from County Road 17, and the elevation of his property is higher than the property to the east,
therefore, his property is well obscured. He further confirmed his business is a design-build
company, therefore, customers do not come to the site.
In response to Chair Rademacher, Ms. Martin confirmed the Town of Johnstown has requested
that a limitation be placed on the USR permit, specifically that it cease to exist one year after the
adjacent residential development begins, because it is believed the use will no longer be
compatible. She further confirmed the Planning Commission added Development Standard #3,
indicating that the USR permit is not transferable, in response to the concerns presented by the
Town. Chair Rademacher indicated the Board should honor the Town's request, and in
response, Mr. Barker advised against the request, since it is in conflict with the three-year
vesting right of the property granted through the USR process. He clarified the Board has never
approved a specific time limit for a USR permit, and it actually is not even allowable, because
once the property rights are vested, they cannot be taken away. Further responding to Chair
Rademacher, Mr. Barker confirmed the language suggested by the Planning Commission with
Development Standard #3 is consistent with other USR permits and does not create any
violations with regards to property rights.
Commissioner Garcia clarified the applicant does not occupy the property, therefore, the
property is considered to be a place of business, and it is his understanding that the USR permit
will terminate if the applicant decides to sell his business or even change the name of his
business. In response, Mr. Williams confirmed it is also his understanding that if he sells his
business, or the property, that a new USR permit would be required for the business. Further
responding to Commissioner Garcia, Mr. Williams clarified he does not believe the restriction
limits the value of his business as he intends to continue business with his wife, who is the joint
owner of the business. He indicated if there comes a time in the future when he leaves the
business, he will not keep this specific property anyway.
Commissioner Garcia explained the Resolution requires Mr. Williams to provide fifteen parking
spaces for employees, and he is also required to provide a parking space which complies with
ADA standards. Mr. Williams clarified he currently has a parking area for vehicles which is set
back from the road, and the spaces in front of the white building will contain curb stops. He
further clarified he does not operate a retail business, and he delivers product to customers. He
also explained that not all of his employees come to the site on a daily basis, as they usually will
meet up with the foreman at a specific jobsite. He indicated the business is currently operating
with one crew, which contains six employees. Further responding to Commissioner Garcia,
Mr. Williams indicated the most employees he has had on payroll in the past is twelve (12) and
believes the provision for up to fifteen (15) employees will be more than adequate. He clarified
he would not be able to effectively manage more than 15 employees at one time.
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Commissioner Kirkmeyer expressed her concern regarding the parking space requirements
within Condition of Approval #1.J, and confirmed this is not a commercial business site. She
further expressed concern regarding the language of Condition of Approval #1.K, and confirmed
staff should not specifically designate what materials the applicant must use for the parking
spaces. In response to Commissioner Kirkmeyer, Ms. Martin confirmed the applicant will utilize
outdoor storage for equipment, flagstone, and various materials for sprinklers. She confirmed
the stock piles will be located along the northern portion of the property, and shall be screened
from adjacent properties and rights-of-way. Mr. Williams confirmed he may store some large
items, such as boulders, on the site; however, he does not intend to operate the site as a
stockyard. He clarified any rock which may be stored on the site will be screened by trees.
Commissioner Kirkmeyer indicated she wanted to make sure the record was clear that the
trees, shrubs, and landscaping items on the site are not required to be screened. Mr. Williams
indicated he does not believe the site is considered to be a light industrial use, as the Town of
Johnstown described it, since he only utilizes pickup trucks, and the site is not open to the
public.
Commissioner Kirkmeyer clarified she appreciates the Town of Johnstown reviewing the
application materials and providing comments; however, she expressed her concern regarding
the Town indicating this existing use will not be compatible with future residential uses. She
confirmed she supports the deletion of Development Standard #3 because the applicant has
invested heavily into his property, he was located in the area before residential properties were
developed, and the business is not obtrusive. Responding to Commissioner Kirkmeyer,
Mr. Barker confirmed the language within Development Standard #3 is consistent with other
USR permits; however, it is at the prerogative of the Board as to whether the language remains
within the Resolution. Mr. Williams clarified he would like to eventually pass on his business to
other family members, more specifically his children, and Ms. Martin confirmed the current
language of Development Standard #3 would prevent Mr. Williams from transferring the USR
permit to other family members.
Responding to Commissioner Conway, Mr. Williams confirmed he has held discussions with the
Town of Johnstown regarding possible annexation of the property; however, the Town was not
interested in pursuing annexation. He clarified he spoke with both the Town's Department of
Planning Services, and the Town Mayor.
In response to Commissioner Garcia, Mr. Williams indicated he previously requested a
modification to the listed hours of operation within the re-submittal of some of the application
materials. He clarified his crew typically works four, ten-hour days per week; however, for snow
removal operations, the hours are sometimes unpredictable. Responding to Commissioner
Garcia, Ms. Martin confirmed the listed hours of operation within Development Standard #4
have been modified at the applicant's request. Chair Rademacher indicated he prefers for
Development Standard #4 to be deleted.
No public testimony was offered concerning this matter.
In response to Chair Rademacher, Ms. Hansen suggested the deletion of the first two
sentences of Condition of Approval #1.E with a replacement to state, "Future right-of-way and
setbacks shall be determined by the Town of Johnstown." Mr. Barker indicated language needs
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to be referenced on the plat that additional right-of-way must be accommodated, so that it is
known that the setbacks are calculated from the future right-of-way. He further indicated staff
needs to determine what amounts are required by the Town of Johnstown for future
right-of-way. In response to Mr. Barker, Ms. Hansen confirmed the Town of Johnstown
classifies the road as an arterial roadway, with a smaller right-of-way requirement. She clarified
many municipalities within the surrounding area are in the process of updating Transportation
Plans, therefore, this issue has been discussed on several occasions. At the request of Chair
Rademacher, Mr. Barker suggested the third sentence of Condition of Approval #1.E be
modified to state, "An additional 40 feet shall be delineated on the plat as future right-of-way for
County Road 17, or a lesser number, if consistent with right-of-way requirements of the Town of
Johnstown." The Board concurred with the modification, as proposed.
Responding to Chair Rademacher, the Board concurred with the deletion of Condition of
Approval #1.J, regarding the parking requirements. Commissioner Kirkmeyer stated the
language within Condition of Approval #1.K should be modified to reflect that drainage problems
shall be prevented on the site. Responding to Chair Rademacher, Ms. Hansen confirmed
Development Standard #29 contains language regarding historical flow patterns and preventing
property damage due to runoff. Commissioner Garcia clarified staff was concerned about mud
or debris being tracked onto County Road 17, and if Condition of Approval #1.K is deleted, the
applicant will not be required to provide an adequate base for the access drive. In response to
Chair Rademacher, Mr. Williams confirmed the access drive is currently surfaced with a road
base material. Commissioner Kirkmeyer suggested Condition of Approval #1.K be modified to
state, "The access drive shall be surfaced with gravel, asphalt, or the equivalent, and shall be
graded to prevent drainage problems.", and the Board concurred with the modification.
Further responding to Chair Rademacher, the Board concurred with the deletion of
Development Standard #3. Commissioner Conway expressed his concerns regarding the
proposed deletion of Development Standard #4, since there have been complaints provided by
neighbors, and there is a proposed residential development within close proximity. In response
to Chair Rademacher, Ms. Martin confirmed the complaints provided by neighbors did not have
to do with the hours of operation. Mr. Williams clarified members of the crew arrive at the site
around 7:00 a.m., and the crew is back to the site by 5:00 p.m, and he does the maintenance of
the property during the evening hours. Chair Rademacher indicated the operations on the site
should not be restricted by the hours of operation. Commissioner Kirkmeyer suggested the
language be modified to indicate the hours of operation shall not begin before 7:00 a.m.
Commissioner Garcia moved to delete Development Standard #4, and Commissioner Long
seconded the motion. Commissioner Kirkmeyer explained she will vote against the motion
because she understands the applicant will not be working as a 24/7 operation; however, there
does need to be limitations to the hours of operation. Responding to Chair Rademacher,
Mr. Barker clarified if the text is deleted, staff will not be able to initiate a violation if a neighbor
were to submit a complaint of early morning operations on the site. Commissioner Conway
indicated he understands that Mr. Williams intends to be a good neighbor; however, he does not
want staff to encounter the situation of receiving complaints regarding the hours of operation.
He clarified he understands there will be times when it is necessary for Mr. Williams to work
later hours; however, he believes there should be some restriction to the hours of operation. He
further clarified he does not intend to restrict the ability to operate the business; however, the
business does need to be respectful of the residential neighborhoods within the surrounding
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area. Chair Rademacher suggested the limitation of daylight hours, with the exception of snow
removal operations. Commissioner Garcia clarified this business is not a typical commercial
business, and the site is not open to customers from the public. He further clarified if there were
a substantial change to the use of the property for this business, an amendment to the permit
would be required. Ms. Martin clarified the hours of operation do not prohibit the property owner
from being able to provide general maintenance of the property outside of the listed hours; the
hours of operation only indicate during which hours commercial operations may take place on
the property. Upon request for a roll-call vote, the motion to delete Development Standard #4
carried three-to-two, with Commissioners Kirkmeyer and Conway opposed.
Commissioner Conway reiterated he believes Mr. Williams will be a good neighbor, and the
Board is not seeking to negatively impact his business; rather, he is trying to avoid negative
impacts for the neighbors. Mr. Williams clarified the live fence of trees will help absorb noise
from the site. He further clarified he has completed a lot of improvements on the property since
he purchased it, and the property did sit vacant for many years before he purchased it. He
promised the property will continue to get better looking.
In response to Chair Rademacher, Mr. Williams indicated he has reviewed, and concurs with,
the Conditions of Approval and Development Standards, as modified.
Commissioner Kirkmeyer moved to approve the request of Brian and Susan Williams for a Site
Specific Development Plan and Use by Special Review Permit#1725 for a Use Permitted as a
Use by Right or Accessory Use in the Commercial Zone District (landscaping business) 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 entered into the
record. Her motion included the modification of the third sentence of Condition of Approval #1.E
to state, "An additional 40 feet shall be delineated on the plat as future right-of-way for County
Road 17, or a lesser number, if consistent with right-of-way requirements of the Town of
Johnstown."; the deletion of Conditions of Approval #1.J, with the required re-lettering; the
modification of Condition of Approval #1.K to state, "The access drive shall be surfaced with
gravel, asphalt, or the equivalent, and shall be graded to prevent drainage problems."; and the
deletion of Development Standards #3 and #4, with the required re-numeration. The motion
was seconded by Commissioner Garcia, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:50 a.m.
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This Certification was approved on the 19th day of July, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COU T)', r• ORADO
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David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1725 - BRIAN AND SUSAN WILLIAMS
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Summary of Hearing (Minutes dated 05/04/2010, and
C. Planning Commission 06/01/2010)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F. Planning Staff Memo re: Request to refer to staff, dated 05/14/2010
G. Planning Staff Certification and photo of sign posting
H. County Attorney Memo re: Modification to Condition of Approval #1.E
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