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Home My WebLink About20190192HEARING CERTIFICATION DOCKET NO. 2018-137.D RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0067, FOR A HOME BUSINESS (AUTOMOBILE MODIFICATION) IN THE A (AGRICULTURAL) ZONE DISTRICT - ADAM HILTON AND LASHAWN LAGUARDIA HILTON A public hearing was conducted on April 10, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Selena Baltierra County Attorney, Bruce Barker Planning Services Department representative, Chris Gathman Public Works Engineer representative, Mike McRoberts Health Department representative, Lauren Light The following business was transacted: Ei. I hereby certify that pursuant to a notice dated October 12, 2018, and duly published October 17, 2019, in the Greeley Tribune, a public hearing was conducted on November 14, 2018, and then subsequently continued to January 16, 2019, March 13, 2019, and April 10, 2019, to consider the request of Adam Hilton and Lashawn Laguardia Hilton, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0067, for a Home Business (automobile modification) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. IR Chris Gathman, Department of Planning Services, stated the case had been referred back to the Planning Commissioner (PC) by the Board on January 16, 2019. He indicated the Planning Commission hearing was held February 19, 2019, and entered the favorable recommendation of the PC into the record as written. He clarified the PC hearing occurrences and mentioned there were additional correspondence submitted from surrounding property owners (SPO). He presented a brief summary. of the proposal and stated there will be no storage of paint, sanding, or heavy dust activities on the property. Mr. Gathman indicated there was a proposed vehicle storage area for vehicle maintenance and stated there will be a maximum of two (2) vehicles per day visiting the site for business purposes. He explained there are no full-time outside employees associated with the business; however, there will be occasional part-time or contracted employees used on an as -needed basis. He stated portable toilets and bottled water are proposed and provided the proposed hours of operation, which had changed at the PC hearing. He indicated the site is located within the JoAnn Subdivision and is proposed as a Home Business. He reviewed the definition and criteria of a Home Business, as stated in the Weld County Code, and described the size of the proposed site. He reviewed the correspondence received and displayed a map indicating where the site is in proximity to the SPO who sent correspondence. He described CC: QLCCLaYTP) IPulCmwil , 4.14-0-0 2019-0192 cn I i )zciG PL2614 HEARING CERTIFICATION - ADAM HILTON AND LASHAWN LAGUARDIA HILTON (USR18-0067) PAGE 2 the site plan and indicated the applicant had installed a fence for screening. Mr. Gathman reviewed the referrals and the violation, and presented images of the site and surrounding views. He mentioned the maintenance of personal vehicles on the site and in response to Commissioner Conway, clarified the hours of operation, which needed to be addressed in the Resolution. Mike McRoberts, Department of Public Works, provided a brief overview of the transportation plans and requirements, and stated access for the site will be on Bailey Drive. He indicated there will be approximately three (3) passenger vehicle, daily roundtrips and stated no tracking control or drainage report will be required. 2 Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated the existing residence is serviced by an unregistered well. She indicated there is a septic system permitted for three (3) bedrooms, and mentioned a portable toilet will be used in accordance with Environmental Health (EH) policy. She requested adding language Development Standard (DS) regarding screening portable toilets and stated there will not be any fuel storage, paint storage, or floor drains. She indicated the noise standard is residential and reviewed the number of occurrences of a noise complaint. Lastly, she stated DS #9-18 address EH items. 2 Chair Kirkmeyer recessed the hearing. e Chair Kirkmeyer reconvened the hearing at 1:35 p.m. a Brian Debauche, Attorney, represented the applicant and presented a PowerPoint presentation, which reviewed the history of racers using the property and explained where the noise complaints may been referencing. He described the use of the property and mentioned the uses that do not occur at the property. He presented images of the site, displayed examples of the used vehicles, described the visual mitigation efforts, and the changes to the application since being referred back to the PC. He described the shop and the limitation to the number of vehicles that can be stored inside, as well as the limited number of employees. He presented additional images of the site and surrounding views, and mentioned surrounding present and future uses. In response to Commissioner Moreno, Chair Kirkmeyer clarified the hours of operation must be from 7:00 p.m. to 7:00 a.m. 2. In response to Commissioner James, the applicant, Adam Hilton, explained how they will meet the Residential noise standard. In response to Commissioner Conway, further explained the noise associated with the racecars and other vehicles at the property. John Carranco, SPO, explained when Mr. Hilton started his business, the neighbors complained and he circulated a petition. He indicated it was a quiet subdivision prior to the applicant starting his business. He stated the applicant revs the engines late at night and mentioned there is constant traffic. He stated Mr. Hilton advertises working on race cars and explained what he has seen occur on the site. He expressed concern for the value of his home and suggested the use move to a site with fewer neighbors. In response to Commissioner Conway, Mr. Carranco indicated on a displayed map where he lives. 2019-0192 PL2614 HEARING CERTIFICATION - ADAM HILTON AND LASHAWN LAGUARDIA HILTON (USR18-0067) PAGE 3 . Ron Garrett, SPO, indicated on the map where he lives and mentioned his primary concern is the noise levels. He provided examples of `noisy nights" and stated he had seen the Sheriff out at the property. He reiterated concerns with property values and explained the neighborhood is not a racing community. He referenced the petition and other opposing correspondence and stated the USR only benefits one person in their community, the applicant. He requested the Commissioners be mindful of the zoning and, in response to Commissioner Moreno, Mr. Garrett stated he had not presented his concerns to Mr. Hilton. He described his notice of the proposed project, and in response to Chair Kirkmeyer, Mr. Garrett explained his knowledge of the Covenants in the subdivision. Chair Kirkmeyer explained the allowances of a Use by Right. a Mr. Hilton indicated the racing activity no longer occurs on the site, and explained the petition and the images presented were misleading. He stated he had not talked to Mr. Garrett, explained the reasoning, and mentioned Mr. Garrett has never given him the chance to explain the application. He argued law enforcement had not been to the property and stated there had not been a racecar at the property since 2017. He mentioned there is existing berm and indicated he had tried to mitigate complaints, and keep the site clean. In response to Chair Kirkmeyer, Mr. Gathman explained he was not able to find any covenants for the subdivision. In response to Chair Kirkmeyer, Mr. Hilton and Mr. Debauche clarified the outside employees. In response to Commissioner James regarding a website associated with the applicant, Mr. Hilton explained full body cars are serviced elsewhere. Mr. Hilton further explained the remodels that occur at the site, and he described his involvement in racing and the development of his property. In response to Commissioner Conway, Mr. Hilton stated he had not done a brake job at the property,and indicated he sends that type of business to his place of employment in Northglenn. In response to Chair Kirkmeyer, Mr. Hilton indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, and had no concerns or amendments. a Chair Kirkmeyer requested changing the hours of operation in DS #3 to be 7:00 a.m. to 7:00 p.m. to reflect the Code. After discussion, the Board agreed to delete the word "outside"from DS #4 (employees). Chair Kirkmeyer suggested modifying DS #6 (outdoor vehicles) and she reiterated there are inclusions of a Use by Right that will not be modified by the USR. She further suggested removing "repair and modification" from DS #8 regarding the type of automobile work within the building. Ms. Light suggested deleting the first sentence of DS #17 (portable toilets and adequate drinking water) due to it being addressed in DS #15. 2, The Board clarified although Commissioner Conway was not present November 14, 2018, when the case was referred back to Planning Commission, he could vote at the present hearing because no testimony was heard at that time. Mr. Debauche reminded the Board of the language added to COA #6 regarding the completion of the USR and explained the business had been closed since January and requested it be allowed to reopen. After further discussion, the Board determined the applicant only has the Building Permit left in their application process, therefore, the reopening would be addressed by the Planning Staff. 2019-0192 PL2614 HEARING CERTIFICATION - ADAM HILTON AND LASHAWN LAGUARDIA HILTON (USR18-0067) PAGE 4 2 In response to Chair Kirkmeyer, Mr. Hilton indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. a No public testimony was given with regard to the changes to the Conditions of Approval and Development Standards. 15.2 Commissioner Freeman stated he felt the issues between the applicant and the neighborhood were focused on the vehicles associated with the Use by Right and stated his support of the application. Commissioner Conway also stated his support, mentioned the residential noise standard and concurred with Commissioner Freeman's comments. Commissioner Moreno agreed with the comments made and encouraged Mr. Hilton to work with his neighbors. Commissioner James stated he felt the applicant is sincere, echoed the comments of Commissioner Moreno, and stated his support of the application. B Chair Kirkmeyer expressed her support of the application, and reiterated the differences in the allowances for a Use by Right and Use by Special Review and explained how the USR mitigates the impacts. Commissioner Freeman moved to approve the request of Adam Hilton and Lashawn Laguardia Hilton for a Site Specific Development Plan and Use by Special Review Permit, USR18-0067, fora Home Business (automobile modification) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as amended. The motion was seconded by Commissioner Conway, who reiterated the applicant should work with his neighbors, and noted the ability of the neighbors to report the applicant if he does not comply with the COAs and DSs. Commissioner James concurred with Commissioner Freeman to adopt the findings from the Planning Commission and Chair Kirkmeyer added to the findings. She cited Section 23-2-230.B.1 and stated the application is, consistent with Sections 22-2-20.D (A.Goal 4) and 22-2-20.G (A.Goal 7), and the use will be mitigated through the Conditions of Approval and Development Standards. She continued with Section 22-2-20.1 (A.Goal 9) and explained the site is not an area with Prime Irrigated farmland and reiterated the staff recommendation mitigates the use. Chair Kirkmeyer cited Section 23-2-230.B.2 and' indicated the Board has allowed for Home Businesses within subdivisions and within the A (Agricultural) Zone District so long as the Home Business is conducted within an accessory unit. She cited Section 23-2-230.6.3 and stated the activity related to the Home Business is limited, reiterated it needs to be done within the accessory unit, and mentioned the COAs and the DSs ensure the site is screened and limits noise to the Residential Zone. She cited Section 23-2-230.8.4 and explained the Use is compatible with the existing surrounding land uses, which are within the JoAnn Subdivision. Chair Kirkmeyer cited Section 23-2-230.6.5 and explained the property is not within a recognized overlay district for the Geologic Hazard, Flood Hazard, MS4 area or Airport Overlay District. She cited Section 23-2-230.B.6 and noted the site is not Prime farm land, and there is no irrigation. She cited Section 23-2-230.B.7 and, again, referenced the Development Standards which will mitigate the Use. The motion carried unanimously and there being no further discussion, the hearing was completed at 2:43 p.m. 2019-0192 PL2614 HEARING CERTIFICATION - ADAM HILTON AND LASHAWN LAGUARDIA HILTON (USR18-0067) PAGE 5 This Certification was approved on the 15th day of April, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COI,ORADO ATTEST: d , rs;ok Weld County Clerk to the Board BY: Deputy Clerk t AP ctrici arbara Kirkmeyer,1Chai��r, 6 Mike Freeman, Pro -Tern onway Y tt K. 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