HomeMy WebLinkAbout20193511.tiffHEARING CERTIFICATION
DOCKET NO. 2018-144.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0086, FOR A HOME BUSINESS (PARKING OF VEHICLES ASSOCIATED WITH
A LANDSCAPING/SNOW REMOVAL BUSINESS ALONG WITH AN OFFICE FOR
PAPERWORK) ALONG WITH ACCESSORY BUILDINGS WITH GROSS FLOOR AREA
LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA PER BUILDING ON
LOTS IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - JOSE CARBAJAL
CASTILLO AND CAROLINA SALINAS CORONA
A public hearing was conducted on July 31, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair - EXCUSED
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno - EXCUSED
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated November 13, 2018, and duly published
November 19, 2018, in the Greeley Tribune, a public hearing was conducted December 26, 2018,
to consider the request of Jose Carbajal Castillo and Carolina Salinas Corona, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0086, for a Home Business
(parking of vehicles associated with a landscaping/snow removal business along with an office
for paperwork) along with accessory buildings with gross floor area larger than four percent (4%)
of the total lot area per building on lots in an approved or recorded subdivision plat or part of a
map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District, at which time the matter was continued to July 31, 2019, after being referred back
to the Department of Planning Services. The matter was re -noticed dated May 22, 2019, and duly
published May 24, 2019, for a hearing on July 31, 2019, and Bob Choate, Assistant County
Attorney, made this a matter of record.
l Chair Pro-Tem Freeman instructed the applicant and reviewed for the public, with two (2) of
the five (5) commissioners being excused, the vote must be unanimous for the case to be
approved.
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CORONA (USR18-0086)
PAGE 2
CR Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, indicated the applicant is in the process of building a residence on the site that they will
be living in, and mentioned one (1) room in the house will be used for an office. He explained
employees will pick up work trucks in the morning, and bring them back in the evening, there are
five (5) full-time employees proposed, and the site has a current zoning violation, ZCV18-00141.
He displayed images of the home under construction, images of the temporary trailer they are
living in while the home is being built, and stated the temporary trailer permit, ZPMH17-0082, is
in violation for exceeding the 18 -month period it was allowed. He described the correspondence
from surrounding property owners (SPO) received by the Department of Planning Services which
include concerns with traffic, road impacts, automobiles on the property, noise, and burning on
the property. He mentioned the site is within the three (3) mile referral area of the City of Fort
Lupton and displayed additional images of the site and surrounding views. In response to
Commissioner Conway, Mr. Gathman confirmed the case was approved, unanimously, by the
Planning Commission (PC) at the July 2, 2019, hearing and he outlined the conditions under
which the PC recommended approval of the application. In response to Commissioner James,
Mr. Gathman described the principal use of the site as a single-family residence and parking of
vehicles and storage of equipment associated with a landscaping business. He confirmed living
in a trailer while constructing a home is allowed with a permit, and explained the Board would
have to extend that permit, since it is beyond the original 18 -month allowance period.
8. Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements, stated access to the site is on Henry Avenue and noted there were no
traffic counts available. He indicated the site meets a drainage exception and in response to
Commissioner James, Mr. Pinkham confirmed the application stated there will be two (2) daily
roundtrips associated with the business.
IR Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated the residence will be serviced by Aristocrat Ranchettes Water and a septic
system permitted for a three (3) bedroom residence. He indicated a portable toilet and bottled
water are acceptable, and there will be no washing or maintenance of vehicles or equipment and
no chemicals or fuel stored on -site. He noted Development Standards (DS) #11-19 address
Environmental Health items, and in response to Commissioner Conway, confirmed the portable
toilets will be used for employees when they are onsite.
8 Carolina Salinas Corona, applicant, reiterated the reason for the portable toilets, explained
the construction delay, and stated they plan to move the business to a commercial location within
a year after the house is complete. She requested two (2) additional storage sheds to store
equipment, and expressed they had made an effort to screen the property and follow the
guidelines of the neighborhood.
No public testimony was offered concerning this matter.
In response to Commissioner Conway, Mr. Gathman clarified the role of the Board for this
particular hearing, and explained how the Board handled a similar case. Commissioner Freeman
read an email from Tom Parko, Director of Planning Services, regarding the status of the
2019-3511
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HEARING CERTIFICATION - JOSE CARBAJAL CASTILLO AND CAROLINA SALINAS
CORONA (USR18-0086)
PAGE 3
construction project. After discussion about how to proceed, and confirming with the applicant
that six (6) months would be enough time, the Board agreed to continue the case to
January 29, 2020, to allow the applicant sufficient time to complete construction of the home, and
directed the County Attorney's Office to extend the Consent Agreement until that date as well.
Commissioner Conway moved to continue the request of Jose Carbajal Castillo and Carolina
Salinas Corona for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0086, for a Home Business (parking of vehicles associated with a landscaping/snow
removal business along with an office for paperwork) along with accessory buildings with gross
floor area larger than four percent (4%) of the total lot area per building on lots in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, until January 29, 2020, at 10:00 a.m.,
to allow the applicants adequate time to complete construction of their home to be used for a
home business. The motion was seconded by Commissioner James, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:32 a.m.
This Certification was approved on the 5th day of August, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: did., w:oks EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:
APP
eputy Clerk o the Board
VEDAS
y torney
Date of signature: O7/3o/ q
no.
Mike Freeman, Pro-Tem
Sean P, Conway
ott . James
XCUSED
Steve Moreno
2019-3511
PL2619
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