HomeMy WebLinkAbout20090427.tiffHEARING CERTIFICATION
DOCKET NO. 2009-07 AND 2009-08
RE: CHANGE OF ZONE, CZ #1149, FROM THE C-1 (COMMERCIAL) AND E (ESTATE) ZONE
DISTRICTS TO THE A (AGRICULTURAL) ZONE DISTRICT - CHARLES AND ALICE
GREENMAN
AND
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1681
FOR A HOME BUSINESS (ANTIQUE BUSINESS WITH WAREHOUSE FOR ANTIQUE
FURNITURE AND PERSONAL STORAGE) IN THE A (AGRICULTURAL) ZONE
DISTRICT - CHARLES AND ALICE GREENMAN
A public hearing was conducted on February 11, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 22, 2008, and duly published
December 26, 2008, in the Greeley Tribune, a public hearing was conducted to consider the
request of Charles and Alice Greenman for Change of Zone, CZ #1149, from the C-1 (Commercial)
and E (Estate) Zone Districts to the A (Agricultural) Zone District, as well as a Site Specific
Development Plan and Use by Special Review Permit #1681 for a Home Business (antique
business with warehouse for antique furniture and personal storage) in the A (Agricultural) Zone
District. Bruce Barker, County Attorney, made this a matter of record.
Jacqueline Hatch, 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, and adjacent to County Road 1, approximately one-half mile
south of State Highway 66, and is a total of 2.8 acres in size. She indicated all of the property
located within Section 30 was re -zoned from A (Agricultural) to Transitional in the year 1963, and
then later during a comprehensive re -districting, during the adoption of the first Zoning Ordinance,
the parcels which contained residential structures were re -zoned from Transitional to R-1
(Low -Density Residential). She further indicated the site completed the Change of Zone process
in the year 2003, to modify the zoning from R-1 (Low -Density Residential) to a split zoning of
C-1 (Commercial) and E (Estate), and a Site Plan Review (SPR #384) was approved on August 9,
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HEARING CERTIFICATION - CHARLES AND ALICE GREENMAN (CZ #1149 AND USR #1681)
PAGE 2
2005, for the antique business and storage uses located on the site. She confirmed the applicant
is now requesting to re -zone the property as A (Agricultural), and on September 10, 2008, the
Board approved a Change of Zone (CZ #1146) for 25 properties located within Section 30 from R-1
(Residential) to A (Agricultural). At the request of Commissioner Kirkmeyer, Ms. Hatch indicated
the placement of the 25 properties on the map provided. She stated the property is located within
an Intergovernmental Agreement (IGA) area with the City of Longmont, and the municipal limits
for the City of Longmont are located to the southeast of the site. She further stated the Notice of
Inquiry response from the City indicated the applicant will not be required to seek annexation, and
in the referral response, received November 17, 2008, the City indicated there are plans for the
enlargement of Union Reservoir and the property may be inundated with water if the reservoir is
enlarged. She indicated the referral response further requests that any new buildings be required
to connect to a public sanitary sewer system, and not install a new septic system. She confirmed
the site is located within the three-mile referral area for the Towns of Firestone and Mead, the Town
of Mead indicated the site is outside of its planning area, and the Town of Firestone did not provide
a referral response. She indicated water is provided to the site by the Longs Peak Water District
and an existing septic system; however, the applicant must verify with the nearest municipality or
Sanitation District, and if a sanitary sewer line exists within 400 feet, and the provider is willing to
serve the site, a septic permit cannot be granted by the Department of Public Health and
Environment. Ms. Hatch displayed photographs of the site and surrounding area, and indicated
fourteen referral agencies reviewed the application materials, and six agencies provided comments
which have been addressed within the Conditions of Approval and Development Standards. In
response to Commissioner Rademacher, Ms. Hatch indicated the applicant may address the
reason for requesting a Change of Zone within his presentation; however, she understands the
request is for refinancing purposes. Further responding to Commissioner Rademacher, Ms. Hatch
indicated she is not sure of the distance to the nearest sewer line; however, she will research the
matter.
Lauren Light, Department of Public Health and Environment, stated water is provided to the site
from the Longs Peak Water District, which has provided a letter for the record, and an existing
septic system handles the effluent flow. She indicated Development Standard #11 of USR #1681
requires that the septic system be evaluated if it is expected that more than six people will be
utilizing the system. She clarified the current Septic Regulations indicate that if the system needs
to be upgraded, or replaced, the Department will not be able to issue another septic permit if the
site is located within 400 feet of an existing sewer line and the provider is willing to provide service.
She further clarified the applicant may supply a letter from the provider indicating the site is too far
away, or that providing service is not feasible. She indicated the applicant will not be required to
provide a Waste Handling Plan, and the Department has no outstanding concerns with the
application materials.
Don Carroll, Department of Public Works, stated the site is located adjacent to County Road 1,
which is classified as an arterial road, requiring 140 feet of right-of-way at full buildout. He
indicated the average daily traffic count is approximately 5,433 vehicles, the posted speed limit is
45 miles per hour, and the 85th percentile of traffic travels at a speed of approximately 54 miles
per hour. He clarified there are two existing accesses, one access leads to a paved parking lot for
the antique business, and the second access is a recycled driveway which leads to the residence
on the site. He confirmed the two accesses cannot be combined, due to the circulation pattern
2009-0427
PL1650
HEARING CERTIFICATION - CHARLES AND ALICE GREENMAN (CZ #1149 AND USR #1681)
PAGE 3
on the site, and the second access also serves as an access for utility providers. He indicated the
stormwater runoff on the site will be controlled by historical flow patterns and Best Management
Practices. Responding to Commissioner Rademacher, Mr. Carroll indicated County Road 1 is
maintained by Weld County on both sides of the road.
Charles Greenman, applicant, indicated he has enjoyed his antique business over the years;
however, he believes it may be time to slow down the business a little. He confirmed he would like
to change the zoning back to A (Agricultural) to fit in with many of the other properties within the
surrounding area. In response to Chair Garcia, Mr. Greenman indicated the antique business
serves as a small source of income for he and his wife, he enjoys working with antiques, and he
confirmed there will be no change in the use of the property. Further responding to Chair Garcia,
Mr. Greenman confirmed he does not have any employees by choice, and if his health were to
decline to the point where he would need help running the store, he would most likely sell the
property and move. Commissioner Rademacher indicated he understands that Mr. Greenman may
never actually hire any outside employees; however, it might be of benefit to him to request that
up to four employees be allowed to work on the site in case plans change within the future. Mr.
Greenman expressed his appreciation to Commissioner Rademacher for his suggestion and
indicated he will give some thought to the idea since he has not considered it previously.
In response to Commissioner Kirkmeyer, Alice Greenman, applicant, indicated the antique
business does not currently provide a public restroom; however, customers are allowed to utilize
the restroom facility within the residence, if necessary. Mr. Greenman indicated he has only had
approximately six customers request to utilize the restroom facilities within the past several years.
He further indicated he has considered the placement of a portable toilet outside of the business;
however, he prefers to let customers utilize the restroom within the residence. Further responding
to Commissioner Kirkmeyer, Ms. Hatch indicated if a public restroom is made accessible to
customers of the facility, the restroom will be required to comply with the standards of the
Americans with Disabilities Act (ADA). Commissioner Kirkmeyer indicated she does not believe
the applicant should be required to provide a public restroom since the business does not contain
any employees. She confirmed she has visited many places of business which do not provide a
public restroom for the customers. Mr. Greenman confirmed he has also visited several small
businesses which have contained signs on the front door indicating no public restrooms were
available. He indicated when the previous Change of Zone was approved, staff indicated it was
acceptable for any customers to utilize the restroom within the residence, and he would like to
continue to do so. At the request of Commissioner Kirkmeyer, Ms. Light read Section 30-2-10 of
the Weld County Code into the record, regarding septic regulations. In response to Commissioner
Rademacher, Ms. Light confirmed the applicant may continue to allow customers to utilize the
restroom facilities within the residence, if they so desire. Further responding to Commissioner
Rademacher, Ms. Light clarified the applicant would not necessarily be required to construct a
public restroom as long as there are facilities available on the site for any potential employees or
others associated with the business. Commissioner Rademacher clarified he does not wish to
mislead the applicant concerning the request for additional employees if the request will create the
need to construct an additional restroom facility. Responding to Commissioner Rademacher, Mr.
Greenman confirmed customers occasionally come to the site and purchase items from the antique
store; however, his business does not depend on the sales, as the store is more hobby -related.
2009-0427
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HEARING CERTIFICATION - CHARLES AND ALICE GREENMAN (CZ #1149 AND USR #1681)
PAGE 4
No public testimony was offered concerning this matter.
In response to Commissioner Rademacher, Mr. Carroll confirmed the possibility of up to four
additional employees will not create a problem with the parking on the site. Mr. Barker suggested
the Board make an additional finding that the application materials for USR #1681 meet the
requirements of Section 30-2-10 of the Weld County Code. Responding to Chair Garcia, Ms. Light
indicated the septic system is currently sized for a three bedroom residence, or for a maximum of
six people, and since the potential employees will not be on the site on a full-time basis, she does
not expect any concerns with utilizing the existing septic system. In response to Commissioner
Conway, Ms. Light indicated the applicant will only be required to connect to public sewer if the
current septic system fails or needs to be re -sized. Further responding to Commissioner Conway,
Ms. Light indicated the City of Longmont has two or three sewer lines within the general vicinity of
the site; however, she is unaware of the exact locations of the lines. In response to Chair Garcia,
and at the request of the applicant, the Board concurred with modifying the first sentence of
Development Standard #3, for USR #1681, to state, "Up to four (4) employees are permitted."
In response to Chair Garcia, Mr. Greenman indicated he has reviewed, and concurs with, the
Conditions of Approval listed within the Resolution for CZ #1149. Further responding to Chair
Garcia, Mr. Greenman indicated he has reviewed, and concurs with, the Conditions of Approval and
Development Standards, as amended, for USR #1681.
Commissioner Rademacher moved to approve the request of Charles and Alice Greenman for
Change of Zone, CZ #1149, from the C-1 (Commercial) and E (Estate) Zone Districts to the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval as entered into the record. The motion was seconded
by Commissioner Conway, and it carried unanimously.
Commissioner Kirkmeyer moved to approve the request of Charles and Alice Greenman for a Site
Specific Development Plan and Use by Special Review Permit #1681 for a Home Business (antique
business with warehouse for antique furniture and personal storage) 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 first sentence of Development Standard #3 to state, "Up to four (4)
employees are permitted', and the additional finding that the application has met the requirements
of Section 30-2-10 of the Weld County Code. The motion was seconded by Commissioner
Conway, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:35 a.m.
2009-0427
PL1650
HEARING CERTIFICATION - CHARLES AND ALICE GREENMAN (CZ #1149 AND USR #1681)
PAGE 5
This Certification was approved on the 18th day of February, 2009.
APPROVED:
BOARD OF C TY COMMISSIONERS
WELD ,'SUN COLORADO
ATTEST:
Weld County Clerk to the
BY.
It
DeClerk
the Board EXCUSED DATE OF APPROVAL
Douglas adema
SeP. Conway
a Kirkmeyer
ong
David E. L
2009-0427
PL1650
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1681 - CHARLES AND ALICE GREENMAN
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 01/20/2009)
D. Planning Staff Certificate and photo of sign posting
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