HomeMy WebLinkAbout20060648.tiff HEARING CERTIFICATION
DOCKET NO. 2006-17
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1537
FOR HOME BUSINESS (TRUCK PARKING, HOME OFFICE, AND MAINTENANCE
SHOP) AND AN ACCESSORY BUILDING WITH GROSS FLOOR AREA LARGER THAN
FOUR PERCENT(4%)OF THE TOTAL LOT AREA, IN THE A(AGRICULTURAL)ZONE
DISTRICT- MARTIN AND CAROLINA BARRON
A public hearing was conducted on March 22, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 3,2006,and duly published March 8,2006,in
the Fort Lupton Press, a public hearing was conducted to consider the request of Martin and
Carolina Barron fora Site Specific Development Plan and Use by Special Review Permit#1537 for
a Home Business(truck parking, home office,and maintenance shop)in the A(Agricultural)Zone
District. Bruce Barker, County Attorney, made this a matter of record, and advised Martin Barron,
applicant, that he has the option of continuing this matter to a date when the full Board will be
present. However, if he decides to proceed today, it will require three affirmative votes, or in the
case of a tie vote, Commissioner Long will listen to the record and make the determining vote.
Mr. Barron indicated he would like to proceed today.
Jacqueline Hatch, 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 surrounding land uses. Ms. Hatch stated
the site consists of Lots 1, 7, and 8, within Aristocrat Ranchettes Subdivision, for a total of three
acres. She stated there is a pending violation on the site, which will be closed if this permit is
granted; however, if the permit is denied, all commercial equipment will need to be removed from
the site or the violation will be pursued. She further stated the definition of a Home Business states
the associated materials or equipment must be enclosed within the residence or an accessory
structure. In response to Commissioner Masden, Ms. Hatch stated the applicant intends to store
his trucks,equipment,and pipes. She stated the home is connected to a permitted septic system,
and water is supplied by the Aristocrat Water Project, Inc. She further stated if the applicant desires
to install a restroom in the shop, he must provide written evidence of service from the Aristocrat
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Water Project. Ms. Hatch stated staff received one letter of concern from a surrounding property
owner expressing concern regarding decreased property values, reduced open space in the
Aristocrat Ranchettes Subdivision, incompatibility with the zoning, traffic, dust, and noise. She
stated the Conditions of Approval will help ensure the site is compatible with the surrounding area,
and the applicant has begun to construct a privacy fence to mitigate impacts to the neighbors.
Ms. Hatch stated nine referral agencies reviewed this proposal, one did not comment, seven
provided comments which have been addressed in the Conditions of Approval and Development
Standards,and staff did not receive a response from the Colorado Division of Wildlife. In response
to Chair Geile,Ms. Hatch stated there is not much stored at the site currently;however,the applicant
is proposing to store three dump trucks, two tractors, and associated materials for the business.
Responding to Commissioner Masden, Ms. Hatch reviewed the definition of a Home Business,
which requires the items to be enclosed within the residence or an accessory structure.
Char Davis, Department of Public Health and Environment, stated the water source for the site is
the Aristocrat Ranchettes Water Project, Inc., and the house is connected to a permitted septic
system. She stated the employees will be allowed to use the home restroom,as long as the septic
system is evaluated by an engineer to ensure the system is adequate. She further stated the
proposed shop will have a restroom and will require a separate septic system.
Donald Carroll, Department of Public Works, stated the site is adjacent to Weld County Road 18
on the north and Hart Street on the east. He stated the applicant is proposing to use an existing
access south of the house,and staff is recommending the applicant relocate the southern access
north and away from the intersection of Morrison Avenue and Hart Street.
Mr. Barron stated he intends to park his business equipment at his home, since he has been
experiencing vandalism and theft at his current job site. He stated the shop will contain
approximately 50 pieces of 4-inch pipe and the trucks and tractors. He further stated the southern
access will be moved north,he is in the process of completing the fencing,and he indicated the site
layout. Responding to Chair Geile, Mr. Barron stated he currently operates two dump trucks,two
tractors, and a trailer for transporting the tractors. In response to Commissioner Vaad, Ms. Hatch
stated the applicant does live on the site,which qualifies the application as a home business, and
the primary issue is that the equipment must be contained within the residence or an accessory
structure. Mr. Barron stated he currently employs two people; however,the application allows for
up to four employees. He explained the employees are currently helping construct the fence;
however, they typically come to the site once a week, with their principal work site being at the
various job sites. In response to Chair Geile, Mr. Barron stated he has reviewed and concurs with
the Conditions of Approval and Development Standards.
Tom Stanek,surrounding property owner,stated allowing a special use for trucks and a commercial
business will continue to decrease the property values in the area. Mr. Stanek stated he invested
$300,000 to build his home,which was located in an agricultural area; however, allowing Use by
Special Review Permits is changing the nature of the community. He stated the proposed use will
add to the number of trucks on the roads and increase dust problems. He further stated he
sympathizes with the applicant's desire to protect his business; however, he does not feel a
commercial business should be allowed in an agricultural/residential area. Commissioner Jerke
commented the County is working to improve the Aristocrat Ranchettes community, and he
questioned how the proposed new building will create a greater impact than three one-acre
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residential lots. Mr. Stanek stated originally the County did not allow commercial uses in the
Subdivision;however,the permits that have been approved have resulted in commercial truck traffic
on the roads. Mr. Stanek stated Aristocrat Ranchettes was established for residential lots with
limited livestock, not commercial ventures. He stated his complaint is not against the character of
the applicant;however,this request will contribute to the overall problems in the area. Responding
to Chair Geile, Mr. Stanek stated Linda Stanek is his sister, she sold the property to Mr. Barron in
2005,for$275,000,and she was not informed of the applicant's intentions for the site. There being
no further comments, Chair Geile closed public testimony.
In response to Commissioner Masden, Ms. Hatch stated there are several Use by Special Review
Permits in Aristocrat Ranchettes Subdivision,consisting of kennels,one beauty salon,and one for
storage of vehicles at an oil and gas service site,which is located three blocks west of the subject
site. Mr. Barron stated he intends to keep his site clean and well landscaped. Responding to Chair
Geile,Mr.Barron stated when he purchased the property he does not recall making any disclosures
regarding the business.
CommissionerJerke stated he has reviewed the Planning Commission recommendation for denial
and the evidence in the case file. He stated in most rural neighborhoods this type of use would
seem sensible; however, this is located within a more densely populated area, which is zoned
agricultural. He stated the request could potentially result in additional compliance issues in the
area, therefore, he does not support the request.
Commissioner Masden stated the Planning Commission voted unanimously to deny the proposal.
He stated Aristocrat Ranchettes Subdivision consists of one-acre lots,with agricultural zoning,and
the density results in impacts to the neighbors when inappropriate uses are allowed. He stated the
residents are allowed to park one commercial vehicle as a Use by Right in the A(Agricultural)Zone
District,and the other Use by Special Review Permits in the area do not allow for a commercial use
of this nature. He stated his primary concern is incompatibility with the neighborhood,therefore,he
does not support the request.
Commissioner Vaad concurred with the previous comments; however, he does not thoroughly
agree with the Planning Commission's basis for its findings. He stated the impacts of a Home
Business would be mitigated through this permit, and the number of employees is not an issue
because they primarily work at the job sites. He stated the Board of Commissioners has been
working very hard to make Aristocrat Ranchettes Subdivision a better place to live,and although the
truck traffic is a concern,the residents are allowed one commercial vehicle. He stated some of the
existing problems with truck traffic will not be resolved by denying this application;however,based
on the evidence presented by the neighborhood,it does not appear to be compatible,and he does
not support the proposal. Chair Geile concurred with all previous comments.
Commissioner Masden moved to deny the request of Martin and Carolina Barron fora Site Specific
Development Plan and Use by Special Review Permit#1537 for a Home Business(truck parking,
home office, and maintenance shop) in the A (Agricultural) Zone District, based on the
recommendation of the Planning Commission. The motion was seconded by CommissionerJerke,
and it carried unanimously. There being no further discussion, the hearing was completed
at 11:25 a.m.
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This Certification was approved on the 27th day of March 2006.
APPROVED:
a RD OF C UNTY COMMISSIONERS
� ,J ' D CO Y, COLORADO
1
ATTEST: a_kD /71 iin
4I J. eile, Chair
'`O Weld County Clerk to the Boar,E 4J
r L � EXCUSED
BY: ,1Z1 '1 Olt �( David E. Long, Pro-Tem
D uty CI k to the Boadi 1.-1--, K
W m H. Jere n
TAPE #2006-12 \NO J
Robert D. Mas e
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1537 - MARTIN AND CAROLINA BARRON
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 01/17/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items prior to Scheduling, dated
01/24/2006
F. Applicant Letter requesting hearing with the
Commissioners, received 02/06/2006
G. Julie Trujillo E-mail of Opposition, dated 03/13/2006
H. Kim bel and Ginny Watson Letter of Opposition, dated 03/09/2006
Planning Staff Certification and Photo of sign'posting
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