HomeMy WebLinkAbout20172124HEARING CERTIFICATION
DOCKET NO. 2017-51
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDMENT,
1 MJUSRI7-05-1470, TO USE BY SPECIAL REVIEW PERMIT #1470 (STORAGE OF
VEHICLES AND EQUIPMENT ALONG WITH EMPLOYEE PARKING ASSOCIATED
WITH A LANDSCAPING BUSINESS) TO EXTEND PARKING AND STORAGE OF
WORK VEHICLES, MOWERS, WEEDERS, ET CETERA ASSOCIATED WITH THE
LANDSCAPING BUSINESS ONTO AN ADJACENT PROPERTY AND TO ALLOW
ONE (1) SINGLE FAMILY DWELLING UNIT (SECOND DWELLING UNIT) PER LOT
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A IN THE
A (AGRICULTURAL) ZONE DISTRICT - JOSE AND NATALIA MARTINEZ
A public hearing was conducted on July 19, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer - EXCUSED
Also present:
Acting Clerk to the Board, Stephanie Frederick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated May 18, 2017, and duly published May 23,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Jose and
Natalia Martinez, for a Site Specific Development Plan and Major Amendment,
1 MJUSRI7-05-1470, to Use by Special Review Permit #1470 (storage of vehicles and equipment
along with employee parking associated with a landscaping business) to extend parking and
storage of work vehicles, mowers, weeders, et cetera associated with the Landscaping business
onto an adjacent property and to allow one (1) Single Family Dwelling Unit (second dwelling unit)
per lot other than those permitted under Section 23-3-20.A in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
Chair Cozad reviewed for the applicants, the procedures to follow should the case result in
a tie vote due to four Commissioners being present and Commissioner Kirkmeyer excused.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated there are two (2) residences and the applicants use the second residence for
seasonal summer workers from Mexico and there is a total of four (4) employees associated with
the business. He stated there is an active Zoning Violation, ZCV16-00122, due to the expansion
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of the existing business before completing the necessary applications for permits. He stated the
applicants held a neighborhood meeting on December 31, 2016; the discussion was about road
maintenance, noise from tenants, screening of the property, and finding an alternate location for
the business. Mr. Gathman explained access is by a private road that was granted via a court
order in 1988, and applicants submitted documentation showing they have done maintenance to
the road at least twice a year. He reported the site is located within the three (3) mile referral
areas of the City of Longmont, the Towns of Mead, Firestone and Boulder County. Mr. Gathman
stated staff received a phone call pertaining to concerns from a neighbor about the increased
traffic and trash blowing off the property. He stated there are no records of building permits for
the second dwelling and the applicants will need to get the proper permits to address Condition
of Approval #1.A. He stated COA #1.6 is in regards to the second dwelling which does not appear
to meet the setback requirements, so staff has given the applicants some options. He displayed
photographs of the site and entered the favorable recommendation of the Planning Commission
into the record as written.
• In response to Commissioner Moreno, Mr. Gathman clarified on the photo which residence
will be used for the seasonal help.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements. He stated access for the property is on County Road 1;
however, the access permit has not been approved, because the applicant has not given the
Department of Public Works the application. He reported County Road 1 is a paved road and is
designated as a Collector road. There are no upfront tracking control nor improvements
agreement required. Mr. Pinkham stated there is a COA that addresses not having an approved
Access Permit.
• In response to Commissioner Conway, Mr. Pinkham explained there is an existing access
but it is mainly a paperwork issue.
IR Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the site is exempt because everything on the site is existing.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions. She stated portable toilets are allowed on the site for employees that are on -site for
less than two (2) consecutive hours. Ms. Light reported the two (2) homes on the site are served
by Longs Peak Water and septic. She explained COA #1.D is to bring the current septic system
up to date.
• Natalia and Jose Martinez, applicants, stated the lean-to structure was removed prior to this
hearing. Mr. Gathman suggested the applicants submit a photo of the site to show that the
structure has been removed by the applicants.
No public testimony was offered concerning this matter.
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El In response to Commissioner Moreno, Ms. Martinez stated they had a good turnout for
neighborhood meeting; and the potential noise from the business, fence and trash issues were
discussed.
El In response to Commissioner Freeman, Mr. Pinkham stated the residents using the road do
not have an access permit.
• In response to Chair Cozad, Mr. Gathman clarified this is two (2) different parcels under one
USR, he is not sure if this needs to be clarified since both parcels are under the same ownership.
The materials are properly screened and they will be building a fence on the south side to screen
the property.
In response to Chair Cozad, Mr. Gathman stated there isn't a definitive deadline for the
installation of the screening, and once the USR is approved, the applicants have 120 days to get
the Conditions of Approval submitted for recording of the plat.
• Ms. Light explained, if the applicants want to increase the number of employees, the septic
system for the older house will need to be updated. In response to Commissioner Conway,
Mr. Martinez stated they would like to increase the number of employees to ten (10) and
Development Standards #6 and #10 will need to be changed to increase the number of vehicles
allowed on -site. Mr. Gathman stated staff is trying to be aware of the shared access because
they don't want to impact the others that use this access. Following discussion, concerning the
number of employee vehicles and previously approved equipment, the Board agreed to modify
DS #3 to include more general language allowing ". . .no more than ten (10) total vehicles
associated with the landscape business, not including the employee vehicles." Commissioner
Conway suggested changes to DS #6 to allow ten (10) employee vehicles. Chair Cozad
suggested adding to COA #1.B "Existing" and delete COA #1.C because the structure has already
been removed. Mr. Choate addressed the issue of the total of three (3) houses, but title indicates
a second dwelling unit "per lot" which addresses the fact that there are two lots covered by the
USR. Ms. Light stated she would like to address DS #18 to delete "ten (10) or less customers or
visitors per day," from the second sentence and replace with the following: "For employees that
are on the site for less than two (2) consecutive hours."
• In response to Chair Cozad, the applicants indicated they have reviewed, and agree to abide
by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Conway moved to approve the request of Jose and Natalia Martinez, for a
Site Specific Development Plan and Major Amendment, 1MJUSR17-05-1470, to Use by Special
Review Permit #1470 for (storage of vehicles and equipment along with employee parking
associated with a landscaping business) to extend parking and storage of work vehicles, mowers,
weeders, et cetera associated with the Landscaping business onto an adjacent property and to
allow one (1) Single Family Dwelling Unit (second dwelling unit) per lot other than those permitted
under Section 23-3-20.A 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 and entered into the record. The motion was seconded by
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Commissioner Moreno, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:58 a.m.
This Certification was approved on the 24th day of July, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dadfulti� Je140 e1 EXCUSED DATE OF APPROVAL
Julie A. Cozad, Chair
Weld County Clerk to the Board
BY
uty Clerk to the Board
APPRO ' AS TO
ounty Attorney �� ' ' ,� / XCUSED
y-�.�.,.�
Barbara Kirkmeyer
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