HomeMy WebLinkAbout20183515.tiff HEARING CERTIFICATION
DOCKET NO. 2018-114
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDMENT,
1 MJUSRI7-14-0059, TO USE BY SPECIAL REVIEW PERMIT, USR14-0059, FOR ONE
(1) SINGLE-FAMILY DWELLING PER LOT OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A TO ADD A HOME BUSINESS (A CONCRETE AND
CONSTRUCTION SERVICES COMPANY, INCLUDING THREE (3) COMMERCIAL
VEHICLES AND FIVE (5) EMPLOYEES), AND MORE THAN ONE (1) CARGO
CONTAINER (THREE (3) CARGO CONTAINERS) PER SECTION 23-3-40.BB IN AN A
(AGRICULTURAL) ZONED SUBDIVISION - ALBINO BUSTILLOS, CAROLINE
BUSTILLOS, AND CASSANDRA BUSTILLOS
A public hearing was conducted on November 7th, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad - EXCUSED
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Angela Snyder
Public Works Engineer representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated September 27, 2018, and duly published
October 2, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Albino Bustillos, Caroline Bustillos, and Cassandra Bustillos, for a Site Specific Development
Plan and Major Amendment, 1MJUSR17-14-0059, to Use by Special Review Permit,
USR14-0059, for One (1) Single-Family Dwelling per lot other than those permitted under Section
23-3-20.A to add a Home Business (a concrete and construction services company, including
three (3) commercial vehicles and five (5) employees), and more than one (1) cargo container
(three (3) cargo containers) per Section 23-3-40.BB in an A (Agricultural) Zoned Subdivision.
Frank Haug, Assistant County Attorney, made this a matter of record.
Chair Moreno 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 Cozad
excused.
El Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and stated 12 referrals were sent out with no objections, and 10 referral agencies responded
without concerns or with conditions that were addressed through the Conditions of Approval and
Development Standards. She indicated the 4.6-acre site is south of and adjacent to Maple
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Avenue, and north of and adjacent to County Road (CR) 22, which is also known as Sable
Avenue. She stated the proposed land is located in the Enchanted Hills subdivision and is not
located within an overlay district or on Prime soils. Ms. Snyder stated the site is within the three
(3) mile referral area of the Towns of Frederick and Firestone and within the Intergovernmental
Agreement (IGA) area of Firestone. She mentioned the site must also be compliant with the
Dacono, Firestone and Frederick Design Standards. She indicated the Town of Frederick had no
concerns, and the Town of Firestone had a desire to annex the entire subdivision; however, not
a singular lot, and they also requested no access be granted along CR 22. She stated the
applicant currently has a USR for a second home on the proposed parcel, and is requesting an
amendment to add their business. Ms. Snyder indicated the applicants have three (3) commercial
vehicles that are parked on their property overnight, business related equipment is stored in a
screened area and in three (3) cargo containers on the site. She explained the second home is
permitted under Section 23-3-40.M and the Home Business can be permitted under
Section 23-3-40.P, because one (1) of the business owners, Cassandra Bustillos, lives on the
site. She mentioned the extra cargo containers can be permitted under Section 23-3-40.BB of the
Weld County Code and further explained outdoor storage and commercial parking are normally
permitted under Section 23-3-40.S; however, this is not applicable in Agriculturally zoned
subdivisions, therefore, the Use must fit under the criteria of a Home Business to be approved.
She defined a Home Business, provided an aerial view of the site, and reviewed the business
plans to have normally two (2), but no more than five (5) external employees on the site daily.
She explained there will be a total of eight (8) business related, vehicle round trips per day,
provided the hours of operation, and explained the violation. Ms. Snyder stated ten (10) letters of
opposition, and two (2) letters of support have been received from surrounding property owners
(SPO). She highlighted the primary concerns of the SPOs and explained changes to the
applicant's site plan from it's original layout to include parking, the cargo containers, and
screening. She described the changes the applicant has made since knowledge of the violation
and Planning Commission to address the concerns of staff and SPOs. She provided images of
the site and surrounding views, described surrounding land uses and USRs, and entered the
favorable recommendation of the Planning Commission into the record as written.
Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the site accesses onto Maple Street. He
explained the access depicted has an access permit number issued in 2014, under AP14-00401,
and stated Public Works does not see an issue with the existing access location. He indicated
there were no traffic counts available, and mentioned the applicant had submitted some traffic
information with the application which indicated there would be approximately six (6) passenger
vehicle round trips, and three (3) commercial vehicle round trips per day. Mr. Pinkham stated the
Department of Public Works recommended an Improvements Agreement, indicated the applicant
had submitted a Drainage Narrative, and presented the drainage and grading requirements.
el Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated the Central Weld County Water District (CWCWD) provides water to the
residences. She explained a septic system permitted for three (3) bedrooms serves both of the
residences, which is supported by a memorandum in 1994. She stated the applicant indicated
there are six (6) people associated with the business and mentioned Development Standards
(DS)11-21 address Environmental Health items.
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ei Jason Hepp, Blackfox Real Estate, represented the applicant and thanked the
Commissioners and staff. He explained they were not prepared for the amount of concern
expressed at the Planning Commission hearing regarding the application. He referenced the Weld
County Code and provided a definition for"Home Business," and "Family Business." He explained
ABS Concrete is a multi-generation, family-owned, small business with no customer visits to the
site. He indicated the business is seasonal, mentioned the applicant limiting trips, and stated the
commercial trucks do not have commercial signage. He further explained the applicant has
one (1) dump truck on the site for personal and commercial uses. Mr. Hepp stated this is a very
low impact use and is not intended to be expanded. He referenced letters of support from SPOs
and proposed generalized questions regarding a home business. He stated if this were an
agricultural use, the application would already be approved. He compared the proposed use to
other agricultural uses, provided the present and future site plan, mentioned the visual mitigation
and provided images of the site and surrounding uses.
Caroline Bustillos, applicant, reiterated her sons work for the business, and stated she tries
her best to be a good neighbor. In response to Commissioner Conway, Ms. Bustillos clarified
other than her sons, there are two (2) additional employees; however, it is her daughter that lives
on the site. She mentioned her and her husband's future plans to move to the property and build
a home. Mr. Hepp clarified, Cassandra Bustillos who lives on the site, is also an owner of the
business and the site manager.
Audrey Ingram, SPO, stated she lives south of, and across the street from, the proposed
site. She requested the Board deny the application and stated the neighbors would like to maintain
the integrity of the agricultural, residential neighborhood. She mentioned all her statements
included in her testimony were obtained from the questionnaire. She indicated the applicants
bought the property in January of 2017, and Cassandra, their daughter, lives on the property;
however, the primary residence is vacant. Ms. Ingram stated she did not know Cassandra was
an owner of the business and mentioned it is not listed on the Colorado Secretary statement. She
indicated Cassandra has not been present at the hearings and explained the Bustillos' current
living situation offsite. She stated Mr. Bustillos is the current registered agent of ABS Concrete,
and has his current residence listed as the primary place of business since 1999. She reiterated
the operations of the company as Mr. Hepp described and stated it is not consistent with a Home
Business when they are not conducting the business on the site. She provided images of the site
and indicated the proposed Use is being used as a drop-zone. She stated there are multiple
places designated to store similar equipment in Weld County and expressed her belief that the
use of the property is degraded. Ms. Ingram further stated the proposed Use devalues the homes
and properties of SPOs and deters others from moving into their neighborhood. She referenced
the portable toilet and explained it is a visual eye sore, provided additional images of the site, and
stated one (1) of the storage containers is not within the fenced area. Ms. Ingram stated the
applicants moved their equipment on to the site upon purchase and disregarded the rules and
regulations of Weld County. She explained the other Home Businesses within the neighborhood
and stated they are more suitable for their agriculture community. She stated the applicant
requested their lot be annexed into the Town of Firestone, and stated it was without regard or
consideration to the SPOs. She referenced the referral from the Town of Firestone, and discussed
concerns regarding the access. Commissioner Kirkmeyer requested Ms. Ingram submit her
written comments.
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Craig Ingram, SPO, reiterated the statement previously stated by his wife for denial of the
application. He stated the business does not promote the health, safety and welfare of the
residents within the community. He stated the business is creating excessive traffic, and explained
they operate outside the hours of operation. He indicated the loading and unloading of the
commercial vehicles is loud and mentioned there is excessive light from the vehicles in the early
mornings, and late at night. He expressed concern for the neighborhood not knowing who is
coming and going. Mr. Ingram stated there is one (1) access that creates safety concerns, and
mentioned the secondary access is closed off due to a pipeline. He mentioned the additional
traffic on the dirt road is creating a dust issue that is harmful to the lifestock. He described the
fenced area on the site, stated it does not help with visual mitigation, and argued the overgrown
weeds are creating a fire hazard. He mentioned a party the Bustillos had, and stated the guests
were parking on Maple street, and in other neighbor's yards. He reiterated they would like to keep
the integrity of the neighborhood and echoed they do not want a commercial business operating
in the community. In response to Commissioner Conway, Mr. Ingram stated he would let other
SPOs respond to what type of mitigation would help the concerns.
2 Rod Ingram, SPO and lives at the second home to the east of the proposed site, and
requested denial of the application due to it being an agricultural zoned, residential neighborhood.
He displayed a timeline from when the applicant moved in to the present time. He mentioned the
applicant should have done the proper research to know the proposed area is not for a commercial
business. He discussed surrounding businesses and their compatibility with the neighborhood.
He stated with it being a family business, he does believes they would want to grow the business
in the future. He mentioned the covered building the applicants stated they wanted to build and
compared the size of the proposed building to the size of the parcel. He echoed the comments
made previously regarding the fence and visual mitigation and stated he can easily see through
the fence. Mr. Ingram indicated the equipment creates noise in the morning and evening,
concluded by stating the commercial business is not benefiting anyone other than the applicants
and stated a neighborhood business should be beneficial to the neighborhood. He mentioned a
commercial business would cause the community to lose its rural identity and thanked the
Commissioners for their time. In response to Commissioner Conway, Mr. Ingram stated there is
nothing the applicant can do to help mitigate his concerns.
Staci Ingram, SPO, referenced Exhibit G and explained it is a document that has 41
signatures of SPOs who live primarily within the 500-foot notification area. She questioned why
anyone would want to change the integrity of the neighborhood and described a site
approximately 2.2 miles away from the proposed site, which would work better for this use. She
discussed the concerns of the SPOs: high volume traffic, early hours of operation, and an unsafe
atmosphere. She stated the applicants also have one (1) horse and a small barn in an enclosed
area on the site, which takes up a small portion of the parcel. She requested the Board agree with
Planning Commission and deny the request. In response to Commissioner Conway's same
question, Ms. Ingram stated she finds it difficult with this kind of business for the applicants to
mitigate impacts, especially with traffic and mentioned she too feels they will want to grow the
business.
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el Karen Crowfoot, SPO, stated she gets a majority of the impact from the traffic because she
is the next door neighbor and echoed the concern of not knowing who is coming and going. She
mentioned she has lived at her home for 11 years, and stated she is not blaming the Bustillos,
but due to the additional traffic she had a snowmobile trailer stolen from her property. She
indicated her property is listed as a welding and automotive use; however, she and the people
before her have never had a business of this use. Ms. Crowfoot stated she can see the extra
storage container and portable toilet from her property, and questioned why the portable toilet is
necessary if there are two (2) residences on the site. She indicated the business operates before
9:00 a.m., stated her property value has decreased, and requested a denial of the application. In
response to Commissioner Conway's question, Ms. Crowfoot stated there is nothing the
applicants can do because the traffic is the main concern.
▪ Grady Padgett, SPO, reiterated this is a family business; however, there is more than just
family working there. He stated he has lived in the area for more than 21 years and described
surrounding home businesses. He expressed he feels this business disturbs the neighborhood
and in response to Commissioner Conway's question, stated there is nothing the applicants can
do, other than relocate to a commercial area.
Myrna Folsom, SPO, stated she has lived in the neighborhood for 50 years, and mentioned
many of the home businesses in the area have gone out of business due to neighbor conflicts.
She explained the business permits remain with the property, even when selling. She stated she
worries where agricultural neighborhoods will be able to go, if commercial businesses are allowed
to move in. She echoed concerns of the business expanding, described surrounding uses, and
stated there is already additional traffic. She agreed with the previous comments made to
Commissioner Conway's question and stated the applicants are good neighbors, but they should
locate the business elsewhere.
• Brandi Baldwin, former SPO, explained she runs a horse boarding business out of her
property on Maple Street. She stated she rents the residence on her property to people who run
a home daycare. She explained the neighborhood is wonderful and mentioned it was a great
place to raise children. She expressed concern for safety from the increasing traffic and stated
everyone has machinery; however, they are not run everyday. She echoed her biggest concern
is the applicant's actions are not working in collaboration with the proposed number of employees
and hours of operation. In response to Commissioner Conway's question, Ms. Baldwin stated she
does not think there is any mitigation that can be done to the application to make it work. She
further stated her opinion that the proposed parcel is not a horse property, and explained it has a
shed where they built panels for the horse. She explained the horse has gotten out of the
applicant's property onto her property which created an unsafe situation.
• Jerome Miska, SPO, stated he supports small businesses and indicated he has heard many
good things regarding the application; however, he does not believe they are going to remain a
small business, and stated they cannot improve much on the proposed property. He indicated he
can see the property out of his window and questioned the future for the property. He addressed
Commissioner Conway's question by explaining it is hard to get in and out of the area and
mentioned road concerns.
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• There being no further comments, Chair Moreno closed public testimony and recessed the
hearing for a five (5) minute break at 12:05 p.m.
• Chair Moreno reconvened the hearing at 12:12 p.m.
el Mr. Hepp, addressed concerns of the SPOs, and rebutted stating one (1) of the owners lives
on the property. He clarified the applicant is in a state of transition, trying to figure out how to
answer questions and how to be good neighbors. He stated many of the concerns are subjective
in nature and are not addressed with thought or consideration to work with the applicant to find a
compromise. He stated the size of the applicant's current home is not relevant; however, the
neighbors surrounding their current home love them as neighbors and are okay with the business
operations. He referenced his previously stated definition of a Home Business and explained all
activities of the business do not have to occur within the residence at the site. He clarified the
portable toilet is on the site due to health department requirements based on the initial application,
and stated the applicant is willing to move or remove the portable toilet as necessary. He
explained the violations occurred because the applicant was unaware of the Permitting
requirements to have this business on the site; however, they are willing to listen and work with
the community. He addressed the traffic concerns and stated there is no way to completely know
the additional traffic is solely caused by the Bustillos' business. He explained the second access
to the property was not closed because it was over a gas line, as previously stated by a SPO, he
stated it was closed by Mr. Bustillos because he learned it was not permitted. He reference the
previously made comment regarding the annexation to Firestone, and stated the applicant was
required to communicate with Firestone and were not interested in annexing. Mr. Hepp mentioned
there is a "scary light" painted on this business, that is unfair unless there is defined evidence.
Regarding Commissioner Conway's question, Mr. Hepp stated the SPOs have created a one (1)
sided discussion, by just answering no. He mentioned an understanding of change is hard;
however, he stated the best way to get through change is to work together. He addressed the
company growth concerns, and stated the USR would be subject to Conditions of Approval and
Development Standards to set limitations, which is a better management of the growth. He
indicated the applicant applied for an Access Permit for the access off of CR 22, which they have
not yet received a response for. He explained the applicants are hesitant to move forward because
they are unsure what is allowed. He further gave his opinion of entrepreneurship and stated the
relations he has had with the applicants and their business. He requested the Board look at the
hard evidence when making their decision and referenced the Planning Commission
recommendation.
• Commissioner Conway requested Mr. Hepp address the future plans of the business.
Mr. Hepp stated he has not seen growth of the business in 20 years, and referred the question to
Mr. and Mrs. Bustillos. Mrs. Bustillos stated their goal is to live on the proposed property, not to
build a huge building. She continued stating she is respectful and if her sons wanted to continue
growing the business she would not allow them to do so on the site. In response to Commissioner
Conway, Mrs. Bustillos agreed what they are presenting in the application is what the future will
hold, and if they get to a point where the business is expanding they would do so on another site.
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She stated there is also an opportunity for her sons to break off of the business and create their
own, but not on this site.
Ei In response to Chair Moreno regarding a community or neighborhood meeting, Mrs. Bustillos
stated she met with two (2) SPOs but did not have the time for a community meeting. She
mentioned when they bought the property, they allowed the prior residents to remain in the home
until they were ready to move out. Mrs. Bustillos stated she grew up locally and indicated the
neighborhood was not welcoming. She explained she went around on November 6, 2018, and
discussed some of the conversations she had. She stated she will continue to be open minded
and make the SPOs believe they will be good neighbors. Commissioner Kirkmeyer stated the
application was applied for in 2017, repeated the question regarding a community meeting. In
response, Mrs. Bustillos reiterated within that year, they did not have conversations with anyone
but the immediately adjacent neighbors.
In response to Commissioner Conway regarding the hours of operation, Mr. Hepp explained
the project has been overseen by three (3) Planners, the applicants have worked to find the best
approach to get into compliance and have discussed hours of operation with Ms. Snyder. He
provided a personal example of a time when Mr. Bustillos stated it is hard for him to get the
employees to work on Saturdays. Mr. Hepp indicated this business is week-to-week, and
explained the hours of operation are to cover all circumstances. He stated it is hard to determine
which trips to the site are business related, versus personal. He read a letter of support from a
SPO within the subdivision and in response to Commissioner Conway, Mrs. Bustillos stated if
allowed, they would get rid of the portable toilet and extra storage container.
In response to Chair Moreno, Ms. Bustillos and Mr. Hepp indicated they have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, with a change to the
hours of operation to 7:00 a.m. to 5:00 p.m., Monday through Friday.
El Commissioner Kirkmeyer complimented Mr. Hepp on sorting through what is relevant to the
case. She stated the Board has a responsibility to look at certain criteria that is in accordance with
State Statute that must be proved by the applicant. She expressed disappointment that there
were no community meetings and stated it could have helped a lot of issues. She indicated she
could not support the application because this application does not fit the definition of a Home
Business and it is not allowed in an agricultural subdivision. She specifically referenced the
definition stating, "such use is conducted primarily within the dwelling unit or the accessory unit,"
and mentioned this business does not operate that way. She stated the principal permitting use
in an agricultural subdivision is a residential dwelling and agreed with the Planning Commission
and the SPOs that stated this use is not compatible with current and existing uses. She stated
the focus of the hearing was to ensure the application met the criteria and reiterated she cannot
support the application.
Chair Moreno stated he was finding they were fitting in this neighborhood. Commissioner
Freeman indicated the struggle is because the proposed parcel is in an agricultural subdivision
and mentioned if it were just zoned A (agricultural) it would be different. He stated his struggle
and compared the proposed business to the horse boarding business, which is not done entirely
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inside, and stated the proposed business would create very little impact even if it does not meet
the definition of a Home Business. Commissioner Kirkmeyer stated she does not disagree, and
acknowledged it would be different if the application was not within an agricultural subdivision.
Commissioner Conway stated he too was struggling and discussed his opinion upon initially
reading the application. He referenced public input, the Planning Commission recommendation,
the permitted surrounding uses, agreed it would be low impact and reiterated his struggle on
whether to support or not to support the application. Commissioner Kirkmeyer restated the
reasons the application is not compatible, and in response to the Board regarding the portable
toilet, Ms. Light indicated she was not involved in requiring a portable toilet at the site. After a
lengthy discussion between staff and the Board, the Board determined the application does not
meet the criteria for a Home Business in an A (agricultural) zoned subdivision.
Commissioner Kirkmeyer moved to deny the request of Albino Bustillos, Caroline Bustillos,
and Cassandra Bustillos, for a Site Specific Development Plan and Major Amendment,
1MJUSR17-14-0059, to Use by Special Review Permit, USR14-0059, for One (1) Single-Family
Dwelling per lot other than those permitted under Section 23-3-20.A to add a Home Business (a
concrete and construction services company, including three (3) commercial vehicles and five (5)
employees), and more than one (1) cargo container (three (3) cargo containers) per Section 23-
3-40.BB in an A (Agricultural) Zoned Subdivision, based on the recommendations of Planning
staff and the Planning Commission. The motion was seconded by Commissioner Freeman.
Commissioner Kirkmeyer stated there are seven (7) criteria the Board has to find and it is the
responsibility of the applicant to show the criteria has been met. She cited findings for Section 23-
2-230.B.2-4, and further explained this proposed application is not just in the A(Agricultural)Zone,
but is also an agricultural subdivision and the uses are called out as rural-residential. She
mentioned the proposed uses do not meet the definition of a Home Business, the use is not
conducted primarily in the dwelling, and it is not incidental to the principal permitted use, which is
rural residential. O Commissioner Freeman reiterated he struggled with the decision from the
beginning, but with the way the Code is written, he has no other choice but to agree with the
denial. He explained the Home Business definition includes "no outdoor storage" is permitted,
and as the current application stands, there is outside storage. Commissioner Conway expressed
his appreciation for Planning staff and stated his support for the motion. Chair Moreno also
expressed his struggle with the application, thanked Commissioner Kirkmeyer for her comments
and stated he struggled because he understood the applicant was trying to maintain a business.
He hoped there is another location for the business, requested the applicant have those
conversations with SPOs going forward, and stated his support of the motion. Commissioner
Kirkmeyer reiterated her original comments, stated she lives in the A (agricultural) Zone and
mentioned she would not mind having this in her neighborhood; however, the issue is to remove
the emotion and look at the criteria. She indicated the main issue for the applicant is they chose
the wrong location, and stated she hopes they can find another place to locate their business.
Commissioner Conway thanked Mr. Hepp for his passion for entrepreneurship and commented
Mr. Hepp's statements were very impactful. There being no further discussion the motion carried
unanimously, and the hearing was completed at 1:16 p.m.
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This Certification was approved on the 14th day of November, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: / Vic'�L L
dk,1 O; St ve Moreno, Chair
Weld County Clerk to the Board
arbara Kirkmey ro-Tem
BY: 4.04 i Ai.. ,►��_.. ��. -�_' r
Deputy CI-e to the Board ft -
.�.� t can P. Conway
AP D AS`-T— OR •tsR� � ' CUSED
*c4 lie A. Cozad
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unty ttorney ` `` jr r � (riel:
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{ I Mike Freeman
Date of signature: 1211/!P�
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