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Home My WebLink About20061895.tiff HEARING CERTIFICATION DOCKET NO. 2006-50.A RE: CHANGE OF ZONE, PZ #1110, FROM R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT TO ALLOW FOR STORAGE OF LANDSCAPING EQUIPMENT AND MATERIALS, ALONG WITH USES BY RIGHT IN THE A (AGRICULTURAL) ZONE DISTRICT - CHARLES AND TERESA HELLMER A public hearing was conducted on September20,2006,at 10:00 a.m.,with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tem Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad - EXCUSED Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Cyndy Giauque Planning Department representative, Chris Gathman Health Department representative, Char Davis Public Works representative, Jesse Hein The following business was transacted: I hereby certify that pursuant to a notice dated July 14,2006,and duly published July 19,2006,in the Fort Lupton Press, a public hearing was conducted on August 9, 2006, to consider the request of Charles and Teresa Hellmer for Change of Zone, PZ#1110,from the R-1 (Low Density Residential) Zone District to the PUD (Planned Unit Development) Zone District to allow for storage of landscaping equipment and materials,along with Uses by Right in the A(Agricultural)Zone District. At said hearing on August 9,2006,staff stated the applicant requested a continuance,and the Board continued the matter to September20,2006,at 10:00 a.m. At said hearing on September20,2006, Cyndy Giauque,Assistant County Attorney,made this a matter of record,and advised Charles and Teresa Hellmer,applicants,that they have the option of continuing this matter to a date when the full Board will be present. However,if they decide to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Vaad will listen to the record and make the determining vote. Mr. Hellmer indicated they would like to proceed today. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, entered the unfavorable recommendation of the Planning Commission into the record as written, and gave a brief description of the location of the site and the surrounding land uses. He stated the property owner to the west is currently in the process of building a residence,and approval of this application will address a zoning violation for having a landscaping business and storage without the appropriate permits. He explained the property is located within Section 30,Township 3 North, Range 68 West, and the Section is zoned almost entirely as Residential. Mr. Gathman stated 13 referral agencies reviewed the proposal, 12 responded with comments that have been addressed in the Conditions of Approval,and staff received one letter of opposition from a surrounding property 2006-1895 PL1850 !&-„2 O -c7 C=, HEARING CERTIFICATION - CHARLES AND TERESA HELLMER (PZ #1110) PAGE 2 owner regarding the conflict of allowing agricultural uses in the Residential Zone District. Mr.Gathman stated the site is within the City of Longmont Intergovernmental Agreement area,and the City of Longmont indicated support of the proposal, since it has no immediate plans to annex the site. He stated the City of Longmont also indicated future development would require public sewer; however, Weld County's regulations do not require public sewer for uses in the A(Agricultural)Zone District. He further stated the landscaping business is in the process of being phased out, and the applicants have indicated they wish to proceed with the Change of Zone application to allow agricultural uses which are not allowed in the R-1 (Residential)Zone District. Mr.Gathman stated the proposed zoning will allow for the use of cargo containers, mobile homes, additional animal units, etcetera,which may have adverse impacts on the neighbors who resided in the area prior to the applicants' request. In response to Commissioner Masden, Mr. Gathman stated the site is 2.5 acres, and he reiterated that almost all of Section 30 is zoned R-1 (Residential),with the exception of only a few parcels. He stated the properties to the east are predominantly agricultural,with a few which have been annexed by the City of Longmont. He further stated there are no other Use by Special Review(USR) Permits in the area; however, there is a Planned Unit Development(PUD)adjacent to Weld County Road 1 fora small antique shop,which is a small-scale commercial use, and the Docheff Dairy is located to the south near Union Reservoir. Responding to Chair Geile, Mr. Gathman stated he is not aware of a Homeowners' Association among the residents in the area. Chair Geile reviewed the application, noting the landscaping business items for the record. Mr. Gathman confirmed the business is now being removed from the property,which will effectively close the violation. In response to Commissioner Jerke, Mr. Gathman stated the applicants do wish to have agricultural uses; however, since the property is only 2.5 acres,they are not allowed to apply fora Change of Zone to the A(Agricultural) Zone District. Therefore, the applicants were instructed to apply for a PUD,with agricultural uses as a Use by Right. Mr.Gathman deferred to the applicant to address what type of agricultural uses are being proposed. Responding to Chair Geile, Mr.Gathman stated the single family residence and outbuilding are in compliance with the R-1 (Residential)Zone District, and once the business is removed, the site will be in compliance. Char Davis, Department of Public Health and Environment,stated the property will be serviced by the Longs Peak Water District, and the septic system for the home has been reviewed and approved by an engineer. Jesse Hein, Department of Public Works, stated the site is accessed from Weld County Road 3, which is a local gravel road with 60 feet of right-of-way. He stated the proposal will not increase traffic volume,additional improvements are not being required,and staff is willing to allow the two existing accesses to remain due to the low traffic volume and existing structures. Mr. Hellmer stated eighty percent of the properties in the area are used for agricultural purposes, and Ms. Hellmer stated the other PUD on Weld County Road 1 was approved for an antique business and five residences. Mr. Hellmer reviewed the uses on surrounding properties,including alfalfa fields,grazing,and small home businesses,and stated he feels the request is consistent with the existing uses in the area. He stated R-1 (Residential)is faulty zoning,since there is no public sewer service available. Ms.Hefter submitted a map,marked Exhibit I,showing the types of uses in the area, and stated she can see and smell Docheff Dairy from their home. Mr. Hellmer stated upon notice of the Cease and Desist regarding the landscaping operation, he advised the 2006-1895 PL1850 HEARING CERTIFICATION - CHARLES AND TERESA HELLMER (PZ#1110) PAGE 3 landscaping tenant and the business was off the property effective September 18, 2006. Ms. Hellmer stated they were not aware that the landscaping business was a violation when they purchased the property; the Packard auto restoration operation was removed from the site as a Condition of Approval of the Recorded Exemption which created their parcel;and they have made significant improvements to the site. In response to Commissioner Jerke, Mr. Hellmer stated his research on goats indicates it may not be economically feasible to raise them on the property; however, he would like the option to board 50 to 60 baby goats on a seasonal basis. He further stated they have also considered horse boarding; however, his first choice was to keep the landscaping tenant who was operating the business from his own house and just storing equipment on the subject property. He stated the landscaping employees are willing to car pool and work with the requirements of the County. Chair Geile stated the Cease and Desist was issued to stop the business until an appropriate permit application came before the Board. Mr.Hellmer indicated if he is not allowed to have the landscaping business,as well as agricultural uses as a Use by Right,then he prefers to pursue just the agricultural uses. Chair Geile expressed concern with considering other options,since the application deals primarily with a landscaping business. Ms.Giauque stated if the Board does not allow the storage of landscaping materials, technically the agricultural uses could still be allowed under this permit in accordance with the zoning regulations for a PUD. Mr. Gathman stated he was not aware the business was moving off the site until this week; however,this is a unique situation requiring unique considerations. Prior to opening public input,the Board called a five minute recess to allow the applicants time to determine the specifics of their request, to provide clarity for public input. Upon reconvening, Ms.Giauque stated it is possible to consider the two proposed uses separately, and as discussed at the Planning Commission,there are various other uses that would be allowed as a Use by Right in the A(Agricultural)Zone District. Mr. Gathman concurred. Contrary to his previous request,Mr.Hellmer indicated he would now like the Board to consider striking the request for Agricultural Uses by Right and just allow the storage of the landscaping business. In response to Commissioner Long, Ms. Giauque reviewed the uses as requested in the original application. Chair Geile reviewed the three possible options on this proposal, and stated testimony from staff and the applicants indicates there may be other zoning violations in the area, therefore, he suggested a continuance to ensure everyone understands what is requested. Mr. Gathman explained a request for a PUD results in hybrid zoning that can allow various types of uses and zoning. Mr. Hellmer reiterated he requests the proposal be changed to remove any reference to the agricultural uses. Bray Reeves,surrounding property owner,stated she is in the process of constructing a new home directly west of the applicants' property. She expressed concern with the potential for additional traffic and trash left by employees of the landscaping business. Ms.Reeves referred to the Nesting Crane development, which is anticipated to have very nice homes. She stated many of the uses in the area were started when A(Agricultural)zoning was predominant,and although she is unsure when the area was rezoned to R-1 (Residential)or if the agricultural uses are grandfathered in,she wants to have a nice home without the conflicts of a business in the area. George Coburn,surrounding property owner to the north,stated the posting for the hearing has been gone for some time,and many of the area residents were not aware of this hearing. He stated the 2006-1895 PL1850 HEARING CERTIFICATION - CHARLES AND TERESA HELLMER (PZ#1110) PAGE 4 business does generate debris, traffic, and unsightly storage. He stated there are no restroom facilities for the employees,and the use is inappropriate for the area. In response to Commissioner Masden, Mr. Coburn stated his bedroom window is 200 feet from the proposed use, and landscaping is not an adequate buffer. He further stated he owns a ten-acre lot. Gayle Felton, surrounding property owner,stated the landscaping business owner is not the land owner, and she feels a commercial use should require a commercial septic system. She stated this is not just storage; the materials are picked up and dropped off everyday. She further stated a landscaping business is not an agricultural use. Responding to Commissioner Masden, Ms. Felton stated there is activity at the site throughout the day,and after the landscaping season, they begin operating snow plows. There being no further comments, Chair Geile closed public testimony. Mr. Hellmer clarified there is a restroom facility in the garage at their residence which is made available to the employees. He stated midday use of the site is rare,his bedroom window is 50 feet from the use, and he has experienced no problems with noise. Ms. Hellmer stated when Ms. Reeves sold them the property, it was represented as an agricultural site. She stated some of the testimony provided came from residents whose properties back up to Docheff Dairy which generates a lot of activity in the area. She described the history of how they came through the land use process, and expressed sentiments that it feels the neighborhood is determined to get rid of them. Ms. Davis stated the septic system was reviewed and approved for commercial use. Mr. Hellmer reiterated there is no bathroom in the shed; however, the residence has a restroom in the garage that is accessible to the employees. Commissioner Masden stated although the area was originally agricultural, it was later rezoned to R-1 (Residential), therefore, he does not support the continuance of the landscaping business. Commissioner Jerke stated the applicants'request to remove all references to agricultural uses and just allow storage of landscaping equipment eliminated some of his concern; however, the landscaping business functions on a lease agreement,and the lessee is not present at this hearing to understand the guidelines for the use. He also expressed discomfort with the arrangement for allowing use of the restroom in the residence by employees who may be strangers to the homeowners. Commissioner Long concurred with the previous comments and stated he does not support the application. Chair Geile referred to the Planning Commission Resolution of Recommendation regarding incompatibility, particularly for those residents who purchased their properties with the understanding that the area was zoned predominantly R-1 (Residential). He stated the uses are not compatible with the Weld County Code,and based on comments made in public testimony, he has instructed the Zoning Compliance Officer to begin investigations into other uses in the area. He further stated the site is within the Intergovernmental Agreement with the City of Longmont, which is approaching from the south. 2006-1895 PL1850 HEARING CERTIFICATION - CHARLES AND TERESA HELLMER (PZ#1110) PAGE 5 Commissioner Jerke moved to deny the request of Charles and Teresa Hell merfor Change of Zone, PZ #1110, from the R-1 (Low Density Residential) Zone District to the PUD (Planned Unit Development) Zone District to allow for storage of landscaping equipment and materials. The motion was seconded by Commissioner Masden. Upon a call for a vote, the motion carried unanimously. Mr. Gathman stated based upon a vote for denial, the Zoning Compliance Officer recommends forwarding the violation to the County Attorney,with direction to defer legal action for 30 days to allow the property owners adequate time to complete the removal of the landscaping materials from the property. Commissioner Masden moved as recommended by staff. Seconded by Commissioner Long, the motion carried unanimously. There being no further discussion, the hearing was completed at 11:30 a.m. This Certification was approved on the 25th day of September 2006. APPROVED: J BOARD OF COUNTY COMMISSIONERS i,• r ELD COUbYtY, COLORADO ATTEST: a idel ei e, Chair Weld County Clerk to the B �� David E. Long, Pro-Tem BY: f , Depu Cler the oard Willi H. Jerke _I TAPE #2006-34 Robert D. Masden DOCKET#2006-50.A EXCUSED Glenn Vaad 2006-1895 PL1850 EXHIBIT INVENTORY CONTROL SHEET Case PZ#1110 - CHARLES AND TERESA HELLMER 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 03/21/2006 and 04/18/2006) D. Clerk to the Board Notice of Hearing E. Applicant Letter indicating desire to proceed, dated 06/15/2006 F. Planning Staff E-mail from Applicant re: Continuance, dated 07/21/2006 G. James Welker E-mail of Opposition, dated 08/03/2006 H. Planning Staff Certification and Photo of sign posting Applicant Vicinity Map J. K. L. M. N. O. P. Q. R. S. T. U. ..9 � � � 1) e � 2 � \ // tik » % - \ - ` - / % cVa ° o a a ) � ai o k ~112: / � re Et Cu U al - \ t / z I ■ 8 2 - q o 2 \ / Z U- W a o > oO. , / \ % � w 2 h § uj \ � ® \ / � / \ 2 � 2 § fie ® \ m © t 2 \ ) 7 ) f l E ®I- Cv@ 7/ 0 \ / / $o � o 1.0 2 § � f 4 D. 2 S \ ) � , L k i I III ° 2 J : k k f § B J a o ! c ) % � DA < E. 0 § § \ \._."' � �~ 4 I 2 2 a , , , . , , , CN � N Do � � eA -I . 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