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Home My WebLink About20022645.tiff HEARING CERTIFICATION DOCKET NO. 2002-75 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1397 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPING MATERIALS YARD, ALONG WITH SNOW PLOWING, TREE SERVICES, AND FIREWOOD BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - LUISA RAMOS AND EILEEN SCARZELLO A public hearing was conducted on October 9, 2002, at 10:00 a.m., with the following present: Commissioner Glenn Vaad, Chair Commissioner David D. Long, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Robert D. Masden - EXCUSED Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated September 20, 2002, and duly published September 25, 2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Luisa Ramos and Eileen Scarzello for a Site Specific Development Plan and Use by Special Review Permit#1397 for a Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District (landscaping materials yard, along with snow plowing, tree services, and firewood business) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Vaad advised Luisa Ramos, applicant, that she has the option of continuing this matter to a date when the full board will be present. However, if she decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Masden will listen to the record and make the determining vote. Ms. Ramos indicated she would like to proceed today. Ms. Lockman gave a brief description of the location of the site and surrounding uses. She stated nine referral agencies reviewed this proposal, and seven responded favorably or submitted comments which have been incorporated into the Conditions of Approval and Development Standards. She stated the Zoning Compliance Officer indicates there is a violation on the site for running a commercial business without a Use by Special Review Permit, and the City of Greeley expressed concern with the impact created by an industrial-type use being located immediately adjacent to residential properties. Ms. Lockman stated the applicant has withdrawn the request to store recreational vehicles (RV), and has agreed not to store more than 75 cubic yards, or one truckload of compost on the site, and will not use the wood chipper on the site. Ms. Lockman 2002-2645 PL1631 (m &&) Fw, HC-CEP) HEARING CERTIFICATION - LUISA RAMOS AND EILEEN SCARZELLO (USR#1397) PAGE 2 stated the Conditions of Approval mitigate these issues and stipulate that the Use by Special Review Permit will not be transferrable. She further stated the applicant has submitted a sign plan for review,which meets the necessary criteria; however, due to the location of a brick wall,the sign cannot meet setbacks. She recommended the applicant request a variance to allow for the placement of the sign within the right-of-way, and if the variance is granted, a Development Standard could be added to state, "The identification sign located adjacent to Weld County Road 33 will not be required to meet building setbacks from the road right-of-way." Responding to Chair Vaad, Ms. Lockman stated elevating the sign from behind the brick wall would also be an option. Don Carroll,Department of Public Works,stated Weld County Road 33 is designated as a collector status road,which requires 80 feet of right-of-way at full build out. He stated there is presently 60 feet of right-of-way, and after working with the applicant,they did relocate the wall so it is not in the future right-of-way. He stated the southern driveway will be the primary access because it provides good sight distance and circulation on the site, and it is surfaced with recycled asphalt to control dust. Responding to Commissioner Jerke, Mr. Carroll stated if a variance is granted for the sign, staff will reinspect the site to ensure there is still adequate sight distance. Char Davis,Department of Public Health and Environment, requested the applicant clarify whether the customers and employees will be using the restroom within the residence. Rob Scarzello represented Ms. Ramos and stated the sign will be four feet wide and will not extend into the future right-of-way or create a sight barrier. He stated if the variance is not granted, they are also willing to locate an elevated sign behind the wall. Mr. Scarzello explained they recently discovered that the property has two separate septic systems. He stated the vault for the shop building was pumped and it meets current regulations, so they intend to use that restroom facility for the employees and customers. Ms. Davis stated the applicant will have to apply for a permit on the shop's septic system, and added if the applicant intends to use the family residence to provide restroom facilities for the employees and customers, the system will need to be reviewed by an engineer. William Suther stated his two children own the farm located north of the proposed use, and he reviewed the irrigation system for their farm. He stated they have no opposition to the proposal. Butch Caton, surrounding property owner, stated the applicant's driveway is only 30 feet from his property line. He expressed concern with the amount of equipment stored on the site, in addition to the numerous vehicles which enter each day. Mr. Caton stated the use generates a lot of traffic, noise, and dust, and he also expressed concern with an illegal paint booth which is used by the applicant. Mr. Caton explained the applicant stores business equipment for landscaping, he does not run an agricultural operation or raise the plants used for landscaping. There being no further comments, Chair Vaad closed public testimony. Mr. Scarzello stated this is a rural area and dust is also created by the farming operations in the area. He stated they did bring in 250 tons of recycled asphalt to surface the driveway, which cut the amount of dust in half. He stated they do have gas tanks which are used to fuel the equipment, 2002-2645 PL1631 HEARING CERTIFICATION - LUISA RAMOS AND EILEEN SCARZELLO (USR #1397) PAGE 3 and the paint booth is used on occasion to paint their own equipment. He further stated he would prefer to put the sign near the south access so the public is not confused by which driveway to use, and added they work hard to reduce noise and the amount of activity because this is also their private residence. He stated the employees work 40 hours per week, with occasional work on Saturdays. He reiterated they do not grow the plants; however, he does have employees that come in and then leave to the various job sites to do landscaping. Responding to Commissioner Long, Mr. Scarzello stated the Department of Planning Services requested they restrict access use to the southern driveway and apply the road base to reduce dust. He suggested the trucks be allowed to enter using the northern access in the evening, and then leave from the south access in the morning to reduce the impact on the Catons. He explained they operate with 13 trucks and 20 to 25 employees, and the business generates approximately$1 million per year. In response to Commissioner Geile, Mr. Scarzello stated they have withdrawn the request to store RV's,so they will only have their own RV and one owned by his uncle. Ms. Lockman stated staff has no concerns with the reduced storage of private RV's. Responding further to Commissioner Geile, Mr. Scarzello stated he agrees with the hours of operation noted in Development Standard #30, which does allow an exception for snow removal. In response to Chair Vaad, Mr. Scarzello stated the fuel tanks are located approximately 25 feet from the property line, they store 200 to 300 gallons, and they are elevated on stands to fuel the equipment. He further stated they have discussed with staff several options for shielding the fuel tanks. Based on clarification from the applicant, Ms. Davis suggested deleting Condition #1.D because the septic system serving the house will not be used for the business. She also requested the last sentence of Development Standard #12 be deleted. She stated Condition of Approval #1.C addresses the requirements for permitting and using the shop's septic system. Responding to Chair Vaad, Mr. Scarzello stated he and Ms. Ramos have reviewed and agree with the Conditions of Approval and Development Standards as proposed and modified. Commissioner Long moved to approve the request of Luisa Ramos and Eileen Scarzello for a Site Specific Development Plan and Use by Special Review Permit#1397 for a Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District (landscaping materials yard, along with snow plowing,tree services,and firewood business)in the A(Agricultural)Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. His motion also included deleting Condition #1.D and the last sentence of Development Standard #12, as well as adding Development Standard #34 to state, "The identification sign located adjacent to Weld County Road 33 will not be required to meet building setbacks from the road right-of-way," and renumbering or relettering as appropriate. The motion was seconded by Commissioner Jerke,and it carried unanimously. There being no further discussion, the hearing was completed at 10:40 a.m. 2002-2645 PL1631 HEARING CERTIFICATION - LUISA RAMOS AND EILEEN SCARZELLO (USR #1397) PAGE 4 This Certification was approved on the 14th day of October 2002. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: iat, `` EXCUSED DATE OF APPROVAL 116,4, Gle Tit aad, Charir Weld County Clerk to - B-.•r. 1861 .081/470 t♦t David .' g, Pro-Tem, BY: �!- / .��•.• 1 �i Deputy Clerk to th 4�� WC M.M. J. Geile / TAPE #2002-34 --12/4° William H. Jerke DOCKET#2002-75 EXCUSED Robert D. Masden 2002-2645 PL1631 EXHIBIT INVENTORY CONTROL SHEET Case USR#1397 - LUISA RAMOS AND EILEEN SCARZELLO Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 09/03/2002) D. Clerk to the Board Notice of Hearing E. Planning Staff Sign and Site Plans F. Planning Staff Photo of sign posted on site G. H. J. K. L. M. N. O. P. O. R. s. T. U. V. Or \ xi C ® 00 PC) NI 'kJ g@ I o xt e IX 2 q a � / 03 f , 2 2 \ q - q k q `� i, 2 A \ ,, - \ Q o = < » % « v RI k \ ate � i 2 8 T. m { . J Co � � M � » ow Oct re § \ � � § kro „,d 1- * U 0 o - o e * � § ± o a NO 2 @ » ^ uj ° § W 4, $ \ f p x 2 3 `q I- O 0 I- a co < z 0 E w o / $ ' \ r § § 2 E 6m9 N \ la , § 2 2 ) _ mmM ~ en 0 � mJ7 i- « i § / < m \ / � ` i % 2LIA a � q � a / � � , � \ j I f; t %4 \ # � � a - � , . ' § BB - vz, '--, � 2 w w I k ® ~ / § § \ N J 4 / QCo OO a Hello