HomeMy WebLinkAbout20071958.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paul Branham, that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1610
APPLICANT: Michael & Melanie Scott
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot 13, Block 17, Camfield Townsite, Part NE4 of Section 18,T7N,
R64W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for
home business (manufacturing of surveying supplies&wholesale
delivery to retailers) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to 3rd Avenue and approximately 600 feet
west of CR 51.
be recommended unfavorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Weld County Planning Commission that the applicant has not shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-60.F A.Goal 6. states: "Public facilities and services such as sewer, water,
roads, schools, and fire and police protection, must be provided and developed in a
timely, orderly and efficient manner to support the transition of agricultural land to other
development uses."
The Division of Water Resources, in their letter dated December 5, 2006 indicated(in
regards to the applicants'existing well) that the applicant would be required to: 1) limit
water use for all in home uses (including the proposed business) to no more than 0.3 acre
feet per year with no more than 110% consumptive use; 2) obtain a well permit that will
allow the well to be used for these purposes; and 3) amend the pending Water Court
application and substitute water supply plan to allow these uses. This proposed Use by
Special Review permit is to address an existing violation for a commercial business
already operating on a property(VI-0500289). There is no evidence of an
approved/adequate water source for this operation.
Section 22-2-60 D. A.Goal 4 states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses will be accommodated when the subject site is
in an area that can support such development. Such development shall attempt to be
compatible with the region."
The proposed use is located within the unincorporated townsite of Camfield. All parcels
within Camfield are zoned agricultural. The Weld County Code requires that
commercial/industrial uses proposed within unincorporated townsites meet the criteria of
a Home Business per Section 23-1-90. These criteria are that 1) the use is conducted
primarily within a dwelling unit or accessory structure and principally carried on by the
family resident therein and 2) Such use is clearly incidental and secondary to the principal
permitted use and shall not change the character thereof.
The scale of the proposed use (up to four outside employees) along with the 35-40 foot
wood storage area and 40-foot trailer(for storage of waste lumber and dust) is not
consistent with the Home Business criteria of the Weld County Code and is not
compatible with the surrounding Camfield townsite.
EXHIBIT
2007-1958 11
101
use nolo
Resolution USR-1610
Michael & Melanie Scott
Page 2
Section 22-2-130.6 UC.Goal 2. states: "Maintain the rural character of these settlements."
B. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The scale of the proposed use and proposed outside storage will not
be compatible with the existing surrounding land uses within the Townsite of Camfield. The
use as proposed does not meet the requirements to be considered a Home Business which
is the required standard for commercial businesses that are to be located within
unincorporated townsites.
C. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
An adequate existing water supply is not presently available for this proposed use.
This recommendation is based, in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The site is currently in violation (VI-0500282)if this Use by Special Review application is approved and the plat
is recorded the property will be in compliance. If denied, all commercial equipment shall be removed from the
property; otherwise, the violation case will proceed accordingly.
Should this be recommended for approval by the Board of County Commissioners, the Weld County
Planning Commission recommends the following conditions and development standards:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Weld County Department of Planning
Services as stated in their landscaping referral received April 10, 2007. Written evidence
shall be provided to the Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)and
Emissions Permit application for the shop from the Air Pollution Control Division,
Colorado Department of Health and Environment, if applicable. (Department of Public
Health & Environment)
C. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health & Environment)
D. The septic system serving the home shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a
technical review describing the systems ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the system is found
to be inadequately sized or constructed the system shall be brought into compliance with
current Regulations. Evidence of Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health & Environment)
E. The applicant shall submit evidence to the Department of Planning Services, from the
Colorado Division of Water Resources, demonstrating that the well is appropriately
permitted for the commercial use. (Department of Planning Services/Department of Public
Health & Environment)
Resolution USR-1610
Michael & Melanie Scott
Page 3
F. The applicant shall complete all proposed improvements to the satisfaction of the
Departments of Planning Services and Public Works or enter into an improvements
agreement regarding collateral for improvements and post adequate collateral for all
required on-site improvements. The agreement and form of collateral shall be reviewed
by County Staff and accepted by the Board of County Commissioners prior to recording
the USR plat. (Department of Planning Services)
G. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. Written
evidence of approval shall be submitted to the Department of Planning Services. The plan
shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed(including the facility
name,address,and phone number). (Department of Public Health&Environment)
H. A screening plan detailing how the wood storage area will be screened shall be submitted
to the Department of Planning Services. The wood storage area should be completely
screened on all sides by opaque screening materials. (Department of Building Inspection)
This application is to address a zoning violation (operation of a business without proper
permits)and was already brought before the Board of County Commissioners on September
12,2006. As a result an investigation fee of 50%of the application fee is required be paid to
the Department of Planning Services. An additional $300.00 is required for this application
and shall be paid to the Department of Planning Services.(Department of Planning Services)
J. A building permit shall be obtained for a change of use from a private garage to F-1
(manufacturing)occupancy. (Department of Building Inspection)
K. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1610. (Department of Planning Services)
2. The plat shall meet all requirements as listed in Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3. Third (3r°)Avenue is designated on the Weld County Classification Plan as a local
gravel road,which requires a 60-foot right-of-way at full build out. There is presently
60-foot right-of-way. A total of 30 feet from the centerline of 3r° Avenue shall be
delineated as right-of-way on the plat. This road is maintained by Weld County.
(Department of Public Works)
4. The off street parking spaces shall be surfaced with gravel and shall be graded to
prevent drainage problems. (Department of Public Works)
5. The attached Development Standards. (Department of Planning Services)
6. The approved screening plan. (Department of Planning Services)
L. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
Resolution USR-1610
Michael & Melanie Scott
Page 4
2. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required thirty (30)days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(a.co.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
6. One month prior to construction activities:
A. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. (Department of Public Health & Environment)
7. Prior to release of building permits:
A. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2006
International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code; 2006 International Fuel Gas Code; and the 2005 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
B. A plan review is required for each building for which a building permit is required. Plans shall
bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of
plans are required when applying for each permit. Inspections may be conducted by the Weld
County Building Inspection Department to determine if the existing work shop meets code.
(Department of Building Inspection)
C. The future workshop will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.(Department of
Building Inspection)
8. Prior to Change of Occupancy/finaling building permits for any building associated with the proposed
business:
A. Provide letter of approval from Galeton Fire protection District for the workshop.
(Department of Building Inspection)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Michael & Melanie Scott
USR-1610
1. The Site Specific Development Plan and a Special Review Permit for a Home Business
(manufacturing of surveying supplies & wholesale delivery to retailers) in the A(Agricultural) Zone
District, as indicated in the application materials on file and subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The site shall be limited to no more than four employees (not including the residents/owners) as
stated in the application materials. (Department of Planning Services)
4. Hours of operation will be 7:00 a.m. to 5:00 p.m. Monday through Friday as stated in the application
materials. (Department of Planning Services)
5. All business equipment and materials(with the exception of the wood storage area and 40-foot trailer
as indicated in the application) shall be stored inside. (Department of Planning Services)
6. Vehicle trips to and from the site(other than outside employee vehicles and personal vehicles (pick
up trucks)utilized by the property owners)are limited to: one UPS truck approximately every two(2)
months,one semi-trailer every four(4)to eight(8)weeks and one lumber tractor/trailer every four(4)
to eight(8)weeks as stated in the application materials. (Department of Planning Services)
7. Onsite vehicles/equipment(with the exception of owners and employees personal vehicles)shall be
limited to one (1) 40-foot semi trailer and one (1) skidsteer loader as stated in the application
materials. (Department of Planning Services)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
11. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
13. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
Resolution USR-1610
Michael & Melanie Scott
Page 6
14. Adequate toilet and handwashing facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
15. Sewage Disposal shall be by a septic system.Any septic system located on the property must comply
with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems
(Department of Public Health and Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
17. There shall be no open burning conducted on the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. 9 of the Colorado Air Quality Control
Commission Regulations. (Department of Public Health and Environment)
18. A building permit shall be obtained prior to the construction of any new buildings or structures.
(Department of Building Inspection)
19. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Plans may be required to bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. (Department of
Building Inspection)
20. The future workshop will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection)
21. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
22. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
22. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
23. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
24. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. (Department of Public Works)
25. Off-street parking spaces including the access drive shall be surfaced with gravel and shall be graded
to prevent drainage problems. (Department of Public Works)
Resolution USR-1610
Michael & Melanie Scott
Page 7
26. The existing access from 3rd Avenue shall be utilized for this USR. (Department of Public Works)
23. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
24. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
25. The screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
28. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
29. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
30. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
31. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
Motion seconded by Bruce Fitzgerald.
VOTE:
For Denial Against Denial Absent
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
Resolution USR-1610
Michael & Melanie Scott
Page 8
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 5, 2007.
Dated the 5th of June, 2007.
Kristine Ranslem
Secretary
G - 5-- .2Cv7
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot B of RE-4589 and Lot A of Re-2792 both being Pt NE4 of Section 6,
T7N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from (A)Agricultural to PUD (Mackey Circle)for six(6)
lots with (E) Estate Uses.
LOCATION: South of and adjacent to CR 86 and West of and adjacent to CR 37.
Hannah Hippely, Department of Planning Services stated that the applicant, Mr. Mackey, has requested a
continuance of PZ-1130 to the July 3rd, 2007 Planning Commission hearing. The applicant has been
diligent in his efforts to address drainage issues through the resubmittal of plans and the new drainage
report. The resubmittal of these materials requires additional review time and the necessity for this
continuance.
Staff is supportive of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner moved that Case PZ-1130 be continued to July 3, 2007, Mark Lawley seconded the motion.
Motion carried.
CONSENT ITEMS
CASE NUMBER: AmUSR-646
APPLICANT: Paul & Michael Hungenberg do Petroleum Development Corporation
(PDC)
PLANNER: Hannah Hippely
-- LEGAL DESCRIPTION: Portions of Section 32 and 33,T6N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an Oil
and Gas Production Facility(continuing permitted oil and gas
production facilities and an additional 2 oil and gas wells & 1 additional
tank battery facility) in the R-1 (Low-Density Residential)Zone District.
LOCATION: East of and adjacent to 1s`Avenue (CR 41)and .75 miles South of 0
Street(CR 64).
The Chair asked if any of the Commissioners wish to pull AmUSR-646 from consent to be heard. No one
wished to speak.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Commissioner Ochsner moved that Case AmUSR-646, be forwarded to the Board of County Commissioners
along with the Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Bruce Fitzgerald, yes; Tom Holton, yes; Mark Lawley, yes; Doug Ochsner, yes; Chad Auer,
yes. Motion carried unanimously.
HEARING ITEMS
The Chair read the case into record.
-�" CASE NUMBER: USR-1610
APPLICANT: Michael & Melanie Scott O
PLANNER: Chris Gathman m
LEGAL DESCRIPTION: Lot 13, Block 17, Camfield Townsite, Part NE4 of Section 18, T7N, _—
R64W of the 6th P.M., Weld County, Colorado. M
REQUEST: A Site Specific Development Plan and a Special Review Permit for W
snag
home business (manufacturing of surveying supplies &wholesale
delivery to retailers)in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to 3r°Avenue and approximately 600 feet
west of CR 51.
Chris Gathman, Department of Planning Services, stated that the applicants, Michael & Melanie Scott,
have applied for a Site Specific Development Plan and Special Review Permit for a home business
(manufacturing of surveying supplies &wholesale delivery to retailers) in the A (Agricultural)Zone district.
The site is located west of adjacent to 3`"Avenue and approximately 600 feet west of County Road 51.
This site is located within the unincorporated townsite of Camfield.
Eleven referral agencies reviewed this case; eight referral agencies responded favorably or included
conditions that have been addressed through development standards and conditions of approval.
The site is surrounded by single-family residences to the east, west and south. Vacant ground is located
to the north of the site.
The site is currently in violation (VI-0500282). If this Use by Special Review application is approved and
the plat is recorded, the property will be in compliance. If denied, all commercial equipment shall be
removed from the property, otherwise, the violation case will proceed accordingly.
One letter of opposition has been received from surrounding property owners. The party who
wrote the letter expressed concern with noise associated with the operation and would want the
applicant to seek a new location if they intend to expand the business much beyond the scale of
the business as it stands now.
The Division of Water Resources, responded in their letter dated December 5, 2006 in regard to the
applicants' existing well, that the applicant would be required to: 1) limit water use for all in home uses
(including the proposed business) to no more than 0.3 acre feet per year with no more than 110%
consumptive use; 2) obtain a well permit that will allow the well to be used for these purposes; and 3)
amend the pending Water Court application and substitute water supply plan to allow these uses. This
proposed Use by Special Review permit is to address an existing violation for a commercial business
already operating on a property(VI-0500289). At this time there is no evidence of an approved/adequate
water source for this operation.
The proposed use is located within the unincorporated townsite of Camfield. All parcels within Camfield
are zoned agricultural. The Weld County Code requires that commercial/industrial uses proposed within
unincorporated townsites meet the criteria of a Home Business per Section 23-1-90 of the Weld County
Code. These criteria are that 1)the use is conducted primarily within a dwelling unit or accessory
structure and principally carried on by the family resident therein and 2) Such use is clearly incidental and
secondary to the principal permitted use and shall not change the character thereof.
The scale of the proposed use as indicated in the application may have a potential of four outside
employees also along with the fact that they are proposing a 35'x40'wood storage area and 40-foot trailer
(for storage of waste lumber and dust). It is staff's determination that it is not consistent with the Home
Business criteria of the Weld County Code and is not compatible with the surrounding Camfield townsite.
Due to the above reasons, the Department of Planning Services is recommending denial of this
application.
The applicant's property is located at the north end of Camfield, surrounded on three sides and then to the
north is vacant land that is not part of the townsite of Camfield.
Commissioner Fitzgerald asked Mr. Gathman if all the sites in Camfield are about the same size
in acres. Mr. Gathman replied that the applicant's property is just over 2 acres, the northern lots
are a little bit bigger, and there are smaller lots further to the south. Mr. Fitzgerald asked how
many of those sites are developed. Mr. Gathman stated that over half are developed with single
family residential. Mr. Fitzgerald asked if there are any USRs in the area. Mr. Gathman replied
that he is not aware of any in the Camfield townsite; however he did recently process an
application for a kennel facility that was not approved. There is a USR to the south for a shooting
range but is located outside of the Camfield subdivision.
Commissioner Fitzgerald asked if the County's definition of a home business includes employees.
Mr. Gathman replied that it could potentially include outside employees but it would have to be a
very small number as the definition states it has to be principally operated by the owner.
Commissioner Ochsner asked for clarification if the workshop is detached. Mr. Gathman
confirmed that it is detached.
Melanie and Michael Scott, 24657 3 Av, Eaton, CO. Mrs. Scott commented that as far as the
water issue and commercial well permit, and a water source for the property, it so happens that
she is the President of the Camfield Water Users Association and do have a substitute water
supply in place right now. They do need to amend the original application that was filed with the
State of Colorado to allow for a commercial use so that she could re-permit her well to a
commercial well permit. However there are a few other things that they have to include in the
amendment and that is what they have been held up on. She further added that it is a matter of
taking steps as they have a trade agreement with New Cache (?) that they are going through and
once they get that in place and have all the other things together that they need to amend on their
original augmentation application, then they will make the amendment and wait on the State for
approval or denial. However the State has approved their substitute plan and no one foresees too
much trouble as they are such a small plan with a permanent augmentation plan going through
and being decreed. It's just a simple matter that until that happens, she cannot get a commercial
well permit, so what they have done in the mean time for water and facilities for their one full-time
and one part-time employee is supply them bottled water. They both live 100 yards from their
business so they either come in the home and use their facilities or they can certainly go home.
They would be happy to do whatever they need to do to address the water issue and will certainly
do anything they need to do to address any other issues there may be.
Commissioner Ochsner asked the applicants to explain what their business is and the process of
it. Mrs. Scott stated that they started out of their basement in 2002 manufacturing wooden
surveying stakes. They did call the County when they started business to see what they needed
to do and were told that everything was fine as it was an in-home business. However, you get
really busy trying to develop and make more products and grow so they built the shop and moved
the business out into the garage. Mrs. Scott continued to add that they do stakes and lathe, and
uses all different kinds of lumber be it pine, oak, or poplar. They vary in thickness, cut it to width
on a table saw, cut it to length on a chop saw. They have a pointing machine and it's just using
saws to shape the wood to whatever dimensions required for the product. Other than that they do
cut some rebar in which they will bring in the 20' lengths of steel rebar and run them through a
roller table into a pneumatic chop saw that cuts them to length. They make all their products on
site and added that they have no customers coming to their business. They deliver off site to
retailers and sell wholesale to resalers so there is no customers coming to their place. They do
have the wood storage behind the house which is screened in on the east and the west sides.
There was a little bit out as you saw on the picture, however they typically try to keep it in the
storage area, its just when they are in the process of sorting the lumber that there may be some
outside. Mrs. Scott continued that as for the trailer that they also saw in the picture it is used for
collecting their dust and wood scraps. It gets picked up by Renewable Fiber and is recycled.
There is not really any additional traffic as they get a lumber truck there about maybe once a
month or so, same as the waste truck picking up. They haul out the product with their own
personal vehicles and trailers.
Commissioner Branham asked how large the outside wood storage area is. Mr. Scott stated that
it is 35'x40'. Mr. Branham commented that as he understands it their garage is presently 30'x40'
and they wish to expand it to 40'x60'which would increase the square footage from 1200 square
foot to 2400 square foot. The applicants stated that was correct and indicated that it is possibly
planned for in the future.
Commissioner Fitzgerald asked the applicants if they wish to add a second building. The
applicants stated yes. They want to add a second building and attach the existing to the house
and use that as a garage and have the bigger shop out behind the house on the north end of the
property.
Commissioner Branham asked the applicants how many employees they currently have. Mrs.
Scott replied that they have one full-time and two part-time. Mr. Branham continued to ask if that
includes any family members. Mrs. Scott stated that there are no family members for the
exception of her and her husband.
Commissioner Ochsner asked if they continue to grow and they do build a new building will the
storage increase or will it be able to handle it as it is now. Mrs. Scott stated that it is storage of
mostly their raw materials as once their product is made it gets shipped out right away. Mrs. Scott
continued that one thing the larger building would afford them would be storage of already
processed materials. She believes that the existing storage of the raw material as it is right now
would still be more than adequate but the bigger building would allow them more equipment and
storage of finished materials.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Don Carroll, Department of Public Works, stated that the access is existing and is in the Camfield townsite.
Mr. Carroll added that they do maintain both the east/west road and the north/south road that is accessed to
the facility. He further added that traffic to the facility as the applicants have indicated are pickup trucks and
trailers.
Commissioner Ochsner commented to the applicants that regarding the letter of concern from one of the
neighbors they received it was very well written and talked about how the applicants have been wonderful
neighbors and have grown their business substantially and are in favor of you, however one problem that they
have is that recently they have been hearing a noise which is a grinding and cutting noise. Mr.Ochsner added
that to him it sounds like it may be from the rebar of which the applicants had talked about. He asked if the
applicants could explain if that is what they were hearing and what they could do to minimize that noise. Mrs.
Scott replied that she read in the letter as they described it as a metal grinding noise and believes that it could
have been on a nice day when they had the garage bay doors open as they cut rebar. She continued to say
the saw is not really all that loud but thinks that the way it carried down as their house is directly in front of that
open bay door and would offer the simple solution to not open the bay doors on a nice day which would
contain the noise. Mr. Ochsner asked if that is something the applicants are willing to do. The applicants
responded that they certainly would. Mr. Ochsner asked if there was anything in the development standards
that addresses the noise. Mr. Gathman stated that number 13 of the development standards addresses that
and added that 50 to 55 decibels is the residential standard.
Commissioner Fitzgerald asked Mr. Gathman that if in the event that this would be approved and neither water
source would come about,what would be the disposition of this. Mr. Gathman replied that right now they have
included a condition of approval that prior to recording the plat,staff would need evidence of an approved well
permit for that use so in the event it was approved by the board there is still a condition prior to recording the
plat.
Commissioner Holton asked Mr. Gathman if the hours of operation are included in the development
standards. Mr. Gathman stated that they can incorporate a standard that refers back to the hours of operation
that are indicated in the application. Mr. Gathman recommended adding it as development standard number
4 and then renumber accordingly and adding the language as "Hours of operation will be 7:00 a.m. to 3:30
p.m. Monday through Friday with occasional overtime hours until 5 p.m.as stated in the application materials".
Commissioner Auer asked who defines occasional. Mr. Gathman deferred to the applicants on how often
occasional overtime hours are. Mr. Gathman added that as a staff standpoint they may not have a concern
with extending the hours of operation to 5 p.m. as it is still relatively early. Mr. Gathman is not opposed to
changing the hours from 7 a.m. to 5 p.m.
Mr. Gathman asked the applicants if there will be any deliveries to the site during the weekend. The
applicants replied that the deliveries will be Monday through Friday during business hours.
Commissioner Holton moved to add the hours of operation of 7:00 a.m. to 5:00 p.m. Monday through Friday
as number4 of the development standards and renumber accordingly,seconded by Commissioner Fitzgerald.
Motion carried.
Commissioner Fitzgerald commented that the applicants stated in the future they would outgrow this site and
would move to another site and asked the applicants when they would see that happen. Mrs. Scott
commented that she would see it within the next two years. Mr. Fitzgerald asked where they would plan to go.
Mrs. Scott stated that it would be somewhere as close to home as possible. She added that there are many
options as they could buy a tract of land that is already zoned for the type of activity that they currently do,
however they would like to find railroad access and there is some places in and around Eaton that may suite
them. Mrs.Scott stated that they haven't looked too far in to it, but have some ideas and want to stay close to
home as they have small children.
The Chair asked the applicants if they have read and are in agreement with the amended conditions of
approval and the development standards. The applicants replied that they are in agreement.
Commissioner Holton asked Mr.Gathman if he would like to specify the number of vehicle trips and deliveries
on week days. Mr. Gathman commented that since the hours of operation are in place and with the
applicants'testimony he felt it was covered.
Commissioner Holton stated that he doesn't believe that this is any different than some of the welding shops
that the board has approved. Mr. Holton added that he is in favor of approving this application.
Commissioner Branham stated that he admires the applicants for starting this business in their basement and
making it successful. Mr. Branham continued to comment that at the present time they are clearly not a home
business by definition of which it states is an incidental use to the principal permitted use for gainful
employment of the family residing on the property or such use as conducted primarily within the dwelling unit
or accessory structure and principally carried on by the family. Mr. Branham added that they have grown to
the point that they are not a home business by definition and believes that it is the appropriate thing to expand
their business elsewhere rather than in this residential area. Mr. Branham stated that he is inclined to agree
with the staff recommendation.
Commissioner Branham moved that Case USR-1610, be forwarded to the Board of County Commissioners
along with the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of denial, Commissioner Fizgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Tom Holton, no.
Mark Lawley voted yes with comment. Mr. Lawley stated that he agrees with Mr. Branham as far as it
exceeds what is considered a home business. Mr. Lawley added that he is in support of private property
rights, however he believes this goes beyond that and has an impact on surrounding residences.
Doug Ochsner voted no with comment. Mr. Ochsner stated that this is very hard and added that the
applicants'business has been very successful and they need to be complimented for that; however where is
the line that puts you over the home business versus being more of a commercial or industrial business. Mr.
Ochsner commented that he is having real trouble defining that line himself and cites Section 22-2-60 which
states conversion of agricultural land to nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support such development. Such Development
shall attempt to be compatible with the region. Mr. Ochsner stated that by being as large as you are going to
be, the question is compatibility and the only way he can measure that is by hearing from one neighbor who
complimented everything the applicant has done,for the exception of the one issue and Mr.Ochsner believes
that the one issue has been resolved through the development standards. Therefore if no one is complaining
then maybe the applicant is compatible.
Bruce Fitzgerald voted yes with comment. Mr.Fitzgerald stated that the compatibility is his issue with regard
to this application.
Chad Auer voted yes with comment. Mr.Auer cited Section 23-2-220.A.3 which states the compatibility issue
as well as Section 23-1-90 of which is the definition of a home business.
Motion carried.
-a
Meeting adjourned at 2:24 p.m.
Respectfully submitted,L
Kristine Ranslem
Secretary
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