HomeMy WebLinkAbout20071971.tiff HEARING CERTIFICATION
DOCKET NO. 2007-58
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1610
FOR A HOME BUSINESS (MANUFACTURING OF SURVEYING SUPPLIES AND
WHOLESALE DELIVERY TO RETAILERS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - MICHAEL AND MELANIE SCOTT, SR.
A public hearing was conducted on August 1, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Don Dunkle
The following business was transacted:
I hereby certify that pursuant to a notice dated July 13,2007,and duly published July 18,2007,in the
Fort Lupton Press,a public hearing was conducted to consider the request of Michael and Melanie
Scott, Sr., for a Site Specific Development Plan and Use by Special Review Permit#1610 for a
Home Business (manufacturing of surveying supplies and wholesale delivery to retailers) in the
A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record. Chris
Gathman, Department of Planning Services,presented a brief summary of the proposal and entered
the unfavorable recommendation of the Planning Commission into the record as written. He stated
the site is located west of and adjacent to 3rd Avenue,and west of County Road 51,which is within
the unincorporated Townsite of Camfield. He stated eleven referral agencies reviewed the
application, of which eight provided comments that have been addressed in the Conditions of
Approval and Development Standards. He gave a brief description of the surrounding land uses,
and stated the site is currently in violation; however, if the application is approved,the property will
be in compliance. He further stated if the application is denied, the applicant shall remove the
commercial equipment from the property, or the violation case will proceed accordingly. Mr.
Gathman stated staff has received one letter and two e-mails from surrounding property owners,
and the letter received addressed concerns regarding noise,and a desire for the applicant to seek
a new location if expansion is necessary. He stated the two e-mails expressed concerns regarding
the industrial nature of the business,and increased noise,truck traffic,and business activities due
to expansion. He further stated the Colorado Division of Water Resources indicated the water
utilized from the existing well will be limited to 0.3 acre-feet of water per year, with no more than a
10 percent consumptive use. The Colorado Division of Water Resources further indicated the
applicant shall obtain a well permit, which will allow the well to be utilized for the purposes of the
business, and the Water Court application and substitute water supply plan must be amended to
allow for the additional uses. He stated there is no evidence of an approved or adequate water
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source for the business operations on the site. Mr. Gathman clarified all parcels located within the
unincorporated Townsite of Camfield are zoned A(Agricultural), and Section 23-1-90 of the Weld
County Code,which he reviewed for the record,requires that the uses on the site meet the criteria
for a Home Business. He stated the uses proposed on the site are not consistent with the definition
of a Home Business, and are not compatible with the surrounding properties located within the
unincorporated Townsite of Camfield. He clarified the recommendation for denial from the Planning
Commission was a four to two vote in favor of denial,and he displayed photographs of the site. He
explained the applicant utilizes wood by-products to create wood stakes utilized for surveying
practices,and a partially enclosed storage area exists behind the detached garage. He stated the
application materials indicate the garage may be directly connected to the house in the future,and
another outbuilding may be brought in the future, which is indicated within the permit plans. In
response to Commissioner Masden,Mr.Gathman stated the Home Business defines that the uses
must be conducted primarily within the dwelling unit or accessory structure. He clarified any outdoor
storage will need to be completely screened, and a majority of the uses will need to be completed
inside. He further stated a Use by Special Review Permit exists for a shooting range located on
property approximately one-half mile south of the Townsite of Camfield,and a previous application
for a kennel was recently denied.
Char Davis,Department of Public Health and Environment,stated the site contains a domestic well,
and staff has requested the designation be modified for commercial well use. She stated a septic
system exists within the residence; however, staff is requesting that an evaluation be completed.
She further stated the applicant will be required to provide a Dust Abatement Plan and a Waste
Handling Plan.
Don Dunkle, Department of Public Works, stated the site is accessed from 3rd Avenue, and
adequate parking exists in the driveway of the residence. In response to Chair Long, Mr. Dunkle
stated the supplies are delivered to the site by UPS,with a delivery every two months,a semi-tractor
load is delivered every four to eight weeks,and one lumber truck delivers every four to eight weeks.
Melanie Scott, applicant, stated the picture presented by Mr. Gathman was taken on a day that
material sorting was taking place,and raw materials are stored within a fenced area to protect the
neighboring views. She stated she strives to be conscious of the neighbors and to mitigate any
concerns presented. She clarified she was aware of the letter presented before the Planning
Commission hearing; however,she was not aware of the two e-mails entered into the record. She
stated the letter contained concerns regarding a metal grinding noise on the site; however, upon
investigation,she discovered the noise was actually coming from a neighbor's property where a car
was being worked on. She further stated she has not received any other noise complaints,and the
operations do take place within the shop area,with limited operations taking place outside,such as
hauling in materials with a skid steer. She clarified she does not wish to create a negative impact
for her neighbors, and stated the site is primarily her home, and she happens to work at home as
well. Ms. Scott stated the Camfield Water Users Association is working to achieve a permanent
Augmentation Plan,and the application needs to be amended for commercial use;however,there
are also other issues which require an amendment and will need to be addressed as well. She
clarified the issues concerning the Augmentation Plan are being dealt with, and in the meantime,
the employees on the site are supplied with bottled water. She further clarified the employees rarely
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utilize the restroom facilities within the residence; however,they are available for use. She stated
the commercial uses conducted on the site have a minimal impact on the water usage. She further
stated if the permit is approved,she would like to connect the garage to the residence and construct
a bigger shop on the south side of the house,which will also provide further screening. She clarified
the operations will not be expanded, and the bigger shop will simply be utilized for more storage,
which will reduce the amount of outdoor storage. In response to Commissioner Masden,Ms.Scott
stated the trailer on the site is owned by Renewable Fiber, all the scrap wood and saw dust are
deposited in the trailer,and every four to eight weeks Renewable Fiber picks up the trailer to recycle
the matter into mulch. She clarified she is not charged for the service,and Renewable Fiber sells
the mulch product at a different location. She further clarified the normal household garbage is
handled by a disposal service, but the scrap material from the business is placed in the trailer.
Responding to Chair Long,Ms.Scott stated water is not utilized in the process of creating the wood
stakes. In response to Commissioner Masden, Ms.Scott stated the lumber is delivered to the site
and stored until they are ready to cut and shape the wood. Further responding to Commissioner
Masden, Ms. Scott stated the tools utilized on the site include a chopsaw,tablesaw, a mitersaw,a
pencil pointing machine, and a pneumatic bandsaw. She clarified the dust collection system
operates within the enclosed shop, which reduces noise and traps the dust.
Connie Rochelle, surrounding property owner,stated she lives directly south of the applicant and
does not find the operations conducted on the site to be inappropriate. She stated she is home
approximately one to two days per week,and she is not bothered by the delivery of materials. She
further stated the property is kept very clean and tidy, and the noise level on the property is not
greater than the noise coming from the property of other neighbors running lawnmowers,etcetera.
Ms. Rochelle requested the Board consider allowing the Scott family to continue the business on
the site, and stated the business is not offensive to the Townsite of Camfield. She further stated
she does not believe approval of this application will promote other commercial businesses within
the Townsite of Camfield.
Kenneth Moore,surrounding property owner,expressed his support of the business,and stated the
biggest noise in the vicinity are the four-wheelers which are operated at all hours of the night. He
clarified the noise on the property is not a problem.
Jose Delgado,surrounding property owner and part-time employee,stated the business is basically
conducted in his backyard. He stated the wood is kept covered and does not detract from the
scenic views. He further stated the noise is not bothersome and is sometimes not even detectable
as he is walking up to the shop. He expressed his support for the application, and stated he
supports that the family can work at home and raise their children at the same time.
Renee Schneider,surrounding property owner,stated she also serves on the Camfield Water Users
Association and the applicant is in compliance with the current water regulations. She stated the
well has been converted from residential uses to a full-use well, and is currently undergoing the
process to become a commercial well. She further stated the shooting range located to the south
creates more noise than the operations on the site,and it is a rare occasion that she is able to hear
work being completed in the shop. Ms.Schneider stated she has never actually seen a truck make
a delivery to the property. She stated the business does provide jobs for members of the
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community and it is beneficial for the applicant to be located on the site in case of emergencies.
She stated she appreciates that Ms. Scott is home during the day and is able to provide personal
help on occasion. There being no further testimony, Chair Long closed the public input portion of
the hearing.
Ms. Scott stated the application states up to four employees will be located on the site; however, if
the bigger shop is built, the better equipment will reduce the number of staff necessary. She
clarified she does not believe four outside employees will be necessary;however,the positions are
offered to members of the community. She further clarified high school students are able to earn
experience and class credit through a school-sponsored program,as well as earn some spending
money,even though the students only work four hours per week. She stated the business benefits
the community and she is willing to address outstanding issues with other surrounding property
owners.
In response to Commissioner Rademacher,Ms.Scott stated the new building will have a restroom
facility, and a separate septic system will be added. She further stated the additional restroom
facilities should not provide a large impact to the water supply of the property. She clarified the well
has been augmented and two shares were purchased, which is enough to cover other uses, in
addition to the household uses. In response to Commissioner Rademacher, Ms.Scott stated there
are currently two full-time employees and one part-time employee working at the site;however,one
of the full-time positions will be terminated at the end of the summer season. In response to Chair
Long, Ms. Scott stated she is not sure if she and her husband are considered as full-time
employees. Mr. Gathman stated Mr.and Mrs. Scott would be considered as full-time employees.
In response to Chair Long, Ms. Scott stated she has reviewed and concurs with the Conditions of
Approval and Development Standards as presented.
Mr.Gathman recommended Development Standard#3 be modified to remove the word"not,"and
the Board concurred with Mr. Gathman's recommendation. In response to Chair Long, Ms. Scott
stated she concurs with the limit of four full-time employees; however, she does not want to
adversely impact the number of students allowed to participate in the school-sponsored program
at the site. In response, Mr. Gathman recommended Development Standard #3 be modified to
state, "The site shall be limited to no more than four full-time employees, including the
residents/owners, and no more than two part-time employees, at any one time, as stated in the
application materials." The Board concurred with Mr.Gathman's recommendation. Ms.Scott also
concurred with the modified language.
In response to Commissioner Jerke, Ms. Scott stated the Townsite of Camfield does have
Covenants;however,the residents have voted to not have a Homeowners'Association,therefore,
the Covenants are not enforced. She further stated the Covenants pertained to particular lots,and
not every lot was included in the Covenants. Responding to Commissioner Jerke, Mr. Gathman
stated he did not find specific language in the Covenants restricting uses relating to Home
Businesses. Chair Long stated he understands the Covenants with the Townsite of Camfield were
designed, and enforcement was attempted, after residents had already moved into various
properties, which he understands to be an ongoing problem. Commissioner Rademacher
expressed his concerns regarding the Covenants,and in response, Ms. Rochelle stated Covenants
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had been created before she bought her property;however,a Homeowners'Association has never
been created. She stated she had previously contacted the County to obtain guidance regarding
restrictions, and she was informed that no guidelines existed,as the Townsite was grandfathered
in many years ago. She further stated other home businesses exist within the Townsite of
Camfield.
CommissionerJerke stated he has concerns regarding the application;however,he is not opposed
to the application. He expressed his concerns regarding home business uses involving heavy duty
manufacturing being situated within subdivisions with small lots,and stated the Board is faced with
a difficult decision.
Chair Long stated there are several small Townsites located throughout the County, and none of
the Townsites accounted for any types of commercial or industrial uses when they were created.
He stated no accommodation of other uses has been provided; however, he does not want to
preclude the Townsites from obtaining additional uses simply because the uses were not provided
with the initial zoning of the properties many years ago upon creation of the Townsites. He clarified
he is in favor of the application.
Commissioner Masden stated he is struggling with a decision on this application. He stated he
understands the business is a nice family-operated business; however, industrial manufacturing
uses are conducted on the property located within a residential setting. He further stated the County
has been cautious allowing businesses to operate within residential areas, and he does not want
to set a precedence by approving the use. He stated he is not in favor of the application.
Commissioner Rademacher stated the Board has a tough decision to make, and confirmed he
believes the applicant has created a well-run business. He stated he concurs with Commissioner
Masden that approval of the application will create a precedence;therefore, he is not sure that he
is in favor of approving the application.
Commissioner Garcia stated the compatibility of the use with the surrounding properties is the
primary concern. He expressed his appreciation to the surrounding property owners who provided
testimony,and stated the testimony presented allows the Board to understand what is happening
within the community. He stated he believes the concerns regarding water issues and public safety
have been mitigated by the applicant's presentation,and he is in favor of approval of the application.
He clarified he does have small concerns regarding the future growth of the business;however,he
believes the business will be a complement to the community.
Chair Long stated he does not feel the Board will set a precedence with the decision of this matter.
He stated he does not want to preclude the small communities within Weld County from being
allowed to introduce uses of a commercial nature. He further stated new direction needs to be
created for staff to be able to include some commercial and industrial uses within the smaller
communities to help these communities become viable. He stated allowing new uses within these
communities will help to keep the communities from becoming isolated and withdrawn, and he
believes the new direction will be a positive challenge.
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Commissioner Jerke stated he is impressed with the reasoning provided by Chair Long, and he
agrees potential economic development within the area will be a positive. He stated he also
recognizes that there were no surrounding property owners in attendance who were in opposition
to the proposal. He clarified he realizes several surrounding property owners may have disagreed
with some aspects of the proposal; however, they did not attend today's hearing to provide their
concerns. He stated the positives of the matter outweigh the negatives, and he will support the
application.
Commissioner Jerke moved to approve the request of Michael and Melanie Scott, Sr., for a Site
Specific Development Plan and Use by Special Review Permit #1610 for a Home Business
(manufacturing of surveying supplies and wholesale delivery to retailers)in the A(Agricultural)Zone
District,with the Conditions of Approval and Development Standards as entered into the record,and
his motion included the modification of Development Standard #3, as previously described. He
stated his motion is based upon the finding that the application has shown compliance with
Sections 23-2-230.6.1,23-2-230.B.2,23-2-230.6.3,23-2-230.6.4,and 23-2-230.B.7 of the Weld
County Code. The motion was seconded by Commissioner Garcia,and upon request for a roll call
vote, the motion it carried three to two, with Commissioners Masden and Rademacher opposed.
There being no further discussion, the hearing was completed at 11:15 a.m.
This Certification was approved on the 6th day of August 2007.
APPROVED:
�* Ii!.L `\:OARD OF COUNTY COMMISSIONERS
_� EL COUNTY, COLiRADO
ATTEST: )j „'u`=��11 ! �r $61 �j� ?' '�!I • J �
/� 1%' tRr "iavid E. Long, Chair
Weld County Clerk to the B. :
EXCUSED DATE OF APP -.VAL
Willi//m . J Pro-Tem
BY: ytl Ja4 C L- C/
Dep y Cle to the Boar -)
Wil m F. Garcia
TAPE #2007-22 t uD
Robert D. Masden
DOCKET #2007-58 Doug Iactademac r�
2007-1971
PL1915
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1610 - MICHAEL AND MELANIE SCOTT, SR.
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 06/05/2007)
D. Clerk to the Board Notice of Hearing (Filed under Leqals)
E. Applicant Letter requesting to proceed, received
06/29/2007
F. Jessica Gann Letter of Concern, dated 07/30/2007
G. Josh Lanning E-mail of Concern, dated 07/31/2007
H. Planning Staff Certification and photo of sign posting
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