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Home My WebLink About20190318.tiffHEARING CERTIFICATION DOCKET NO. 2018-137.B 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 January 16, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro -Tern Commissioner Sean P. Conway - EXCUSED Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Frank Haug Planning Services Department representative, Chris Gathman Public Works Engineer representative, Mike McRoberts Health Department representative, Lauren Light The following business was transacted: • I hereby certify that pursuant to a notice dated October 12, 2018, and duly published October 17, 2018, in the Greeley Tribune, a public hearing was conducted 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. Frank Haug, Assistant County Attorney, made this a matter of record. • Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Commissioner Conway excused. • Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated the applicant lives on the property and wants to repair and modify vehicles in an existing out building. He explained there will be no paint, fuels or volatiles stored on the property, and no sanding or dust -heavy activities will take place. Mr. Gathman displayed images of the home and shop building, including the access on Bailey Drive, and provided information on vehicle round trips per day, number of employees, and hours of operation. He stated the property is in the Jo Ann Subdivision on a lot that was divided in 1971 and is half the size of most lots in the subdivision. He indicated the site has an active Zoning Violation, ZCV18-00066, and noted there are other vehicles, not related to the business, stored on the site, which is addressed in Condition of Approval (COA) #1.C. Mr. Gathman explained the continuance of the Planning Commission (PC) hearing due to scheduling conflicts, and indicated the PC proceeded to hear the application without the applicant present. He entered the unfavorable recommendation of the cc: PLCCG(TP),PWCon Yt),c -NC LL) oa/a-7i i9 2019-0318 PL2614 HEARING CERTIFICATION - ADAM HILTON AND LASHAWN LAGUARDIA HILTON (USR18-0067) PAGE 2 Planning Commission into the record as written, and noted the Department of Planning Services also recommended denial of the application prior to it being heard by the PC. He explained the improvements the applicant has made to his property and changes made to his application. He reviewed the concerns of the Department of Planning Services, and cited sections of the Weld County Code that address these concerns. Mr. Gathman provided the definition of "Home Business" and gave examples of why the proposed use is not compatible with the definition. He indicated the Department of Planning Services received one (1) letter of objection and a petition with seven (7) surrounding property owner (SPO) signatures, both citing noise during the day and night, and staff also received one (1) phone call from an SPO who had no objections but wanted to review the application. He noted the property is located off of County Road (CR) 4, to the east of CR 33.5, and provided images of the site and surrounding views. In response to Commissioner Moreno, Mr. Gathman clarified the hours of operation. • In response to Chair Kirkmeyer, Mr. Haug provided clarification on how the Board could proceed given the fact the applicant never presented his case to the PC. Mr. Haug stated the Board can refer the case back to the Department of Planning Services, but the applicant could continue the case indefinitely by not being available for the scheduled PC hearings. Chair Kirkmeyer and Commissioner Moreno expressed concerns regarding the applicant not presenting their case to PC. • Brian DeBauche, attorney, represented the applicant and explained the series of events that occurred during the time of the two (2) scheduled PC hearings, which prohibited him and the applicant from attending. After much discussion between Chair Kirkmeyer, Mr. Gathman, and the applicant, Mr. DeBauche stated he and Mr. Hilton were prepared to present to the Board today. El Chair Kirkmeyer presented all of the Board's options of how they can choose to proceed, and upon the request by Mr. DeBauche, the Board agreed to remand the case back to the PC. Chair Kirkmeyer reiterated the operation in violation at the property must cease. Mr. DeBauche and the applicant acknowledged they understood; however, they mentioned they would prefer if that is not a condition. Chair Kirkmeyer explained it is not a condition, but rather an order by the Board and explained the consequences if the business continues to operate. The rest of the Board echoed Chair Kirkmeyer's sentiments. • No public testimony was offered concerning this matter. • Commissioner Moreno moved to refer 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, back to the Planning Commission to allow the applicant an additional opportunity to make their presentation, ordered the applicant to cease business operations, and ordered the County Attorney to proceed with immediate legal action concerning Zoning Violation, ZCV18-00066. The motion was seconded by Commissioner James, and it carried unanimously. There being no further discussion, the hearing was completed at 10:44 a.m. 2019-0318 PL2614 HEARING CERTIFICATION - ADAM HILTON AND LASHAWN LAGUARDIA HILTON (USR18-0067) PAGE 3 This Certification was approved on the 21st day of January, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLQRADO ATTEST: dItticvsj x:40:4 Weld County Clerk to the Board BY: Deputy Cler o t e Board, 1_%� XCU, ED . Conwa Barbara Kirkmeyer, /Chair Mike Freeman, Pro-Tem APP) '' D AS r^ ott K. James County ° torney Steve Moreno Date of signature: 2-21-19 2019-0318 PL2614 ATTENDANCE LIST 0 i 1© ZO k.9 NAME - PLEASE PRINT ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? 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