HomeMy WebLinkAbout20174031.tiffHEARING CERTIFICATION
DOCKET NO. 2017-104
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0051, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPE
BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - ANDREW CALL AND
SAMANTHA GRIFFITH CALL
A public hearing was conducted on December 20, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Clerk to the Board, Esther Gesick
Summarized from Audio, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
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 November 17, 2017, and duly published
November 22, 2017, in the Greeley Tribune, a public hearing was conducted to consider the
request of Andrew Call and Samantha Griffith Call, for a Site Specific Development Plan and Use
by Special Review Permit, USR17-0051, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial Zone District (landscape business) in the
A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of
record.
Chair Cozad reviewed, for the applicant and the public, the procedures to follow should their
case result in a tie vote due to four Commissioners being present and Commissioner Conway
being excused.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the three (3) acre parcel is accessed by a private easement across an adjacent property.
He further stated it is within the three (3) mile referral area of the Towns of Erie and Frederick,
the City of Dacono, Boulder County, and the City and County of Broomfield. He reviewed the
referral responses from these jurisdictions. Mr. Ogle described the adjacent land uses, nearest
residences, and recently approved USRs and stated there is a letter of objection from the legal
representative for the adjacent neighbor, Mr. Powell, submitted as Exhibit D in the record. He
reviewed the proposal for a landscaping business in conjunction with the applicant's personal
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residence and described the operation to include number of employees that arrive and leave in
company vehicles, normal hours and winter hours of operation, and clarified this application is the
result of an active Zoning Violation, ZCV17-00137, due to the parking of commercial vehicles,
equipment, and activity, without the proper Zoning Permit. Mr. Ogle attested if the application is
approved, it will correct the violation. He reported 17 referrals were sent with five (5) responses
received with comments that were considered in the staff recommendations. Mr. Ogle displayed
photos of the site and surrounding area, and entered the favorable recommendation (8-0) of the
Planning Commission into the record as written.
• Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He stated a residential Access Permit, AP16-00526, was issued;
however, this permit will need to be updated to include the new use if it is approved. Mr. Pinkham
reviewed the access location, most recent average daily traffic count to include truck percentages,
number of daily round trips per the Traffic Narrative, and described the traffic routes to and from
the property. He stated tracking control will not be required but an Improvements Agreement is
required. In response to Commissioner Kirkmeyer, Mr. Pinkham clarified the update to the access
permit would be to allow the additional commercial use at the same location.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the applicant has provided a Drainage Narrative, which indicates
the site meets the exception 1.E.9, reflecting total project stormwater rates for urbanizing areas.
She reported the site is in the Geologic Hazard Overlay District and the applicant has submitted
a Geologic Hazard Development Permit application which is under current review. Ms. Balzano
provided the relevant Conditions and Development Standards related to Engineering.
• Ben Frissel, Department of Public Health and Environment, reviewed the water and sewer
provisions stating the water and septic on the property are associated with the residence and not
to be used in conjunction with the business. He established that portable toilets and bottled water
will be used for employees, there will be no washing of vehicles or equipment, and there will be
no maintenance on the site. Mr. Frissell stated Development Standards (DS) #12-20 address
Environmental Health items.
• Samantha and Andrew Call, co -applicants, stated they wanted to consolidate to one site and
get the proper permits.
• Katherine Keiser, attorney for Mike Powell, SPO, referenced a letter marked Exhibit D. She
stated the online record was incomplete and the requested items were provided by staff to them
yesterday.
Mike Powell, adjacent property owner, stated he shares the easement access road with the
applicant. He expressed his opinion that the Calls should move the commercial access to the
southeast corner of their property and move the parking area to the south end, as well, instead of
up against his property to the north. Mr. Powell stated he has plans to begin farming in the spring
and is requesting consideration of these suggestions to lessen the impact to the road. He further
stated he believes this business is contrary to what the zoning is and it will diminish his ability to
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sell his property and lessen his property value. In response to Chair Cozad, Mr. Powell stated he
has not talked to the neighbor due to poor relations and he reiterated the application was
incomplete. In response to Commissioner Moreno, Mr. Powell stated he has owned the property
for seven (7) years and reiterated the access road is an easement road for both agricultural
properties, not for commercial use.
El Ms. Keiser stated Weld County is a Right to Farm County and she asserted Mr. Powell
bought his property, in 2011, to live in an agricultural area and avoid business uses. She explained
the intrusion to Mr. Powell based on the proposed employee parking, landscaping materials,
storage, visible portable toilet, hours of operation, 450% traffic increase with heavy trucks and
trailers on a private easement. Ms. Keiser reported the observed degradation of the access road
with potholes and substandard repairs made by the applicant. She alleged the neighbors who are
in support of the application all have USR applications for commercial businesses that have, or
will, come before the board, thereby, creating a basis for compliance. She stated the Planning
Commission and Planning Department should not have recommended the application for
approval based on objections from at least three (3) area agencies, issues with maintaining the
shared private easement, and the Right to Farm in agricultural areas.
Jim Dallarosa, SPO to the east, stated the Calls have been great neighbors up to this point.
He declared Mr. Powell is requesting every other property be surveyed, and every property has
been surveyed except his. He argued against the accusation that the neighbor has filled in the
drainage ditch, when there is no drainage ditch. Mr. Dallarosa stated Mr. Call is respectful, picks
up trash every few days, and has 2-3 employees that observe the speed limit on CR 10. He
claimed that Mr. Powell has never maintained the access road. He has seen him mow a small
area a few times in the spring but stated Mr. Powell has not spent any money to improve the road.
He reiterated that the applicant has agreed to take care of road after construction and summarized
his frustrations with the ongoing neighborhood disagreement caused by Mr. Powell.
IR Marvin Bowersox, SPO, stated he has tried to be a good neighbor to everyone and even
helps out Mr. Powell with his weeds now and then. He confirmed the Calls have been good
neighbors, are building a nice home that will likely raise property values in the area, and have
been very nice to everyone. He stated he came to offer support to the applicant.
El There being no further testimony, Chair Cozad closed public input. In response to Chair
Cozad, Mr. Call responded to the allegation related to the poor condition of the road and clarified
it as a result of the construction traffic related to building their home which should be completed
in another 4-6 weeks, and then he will oversee repairs to the road and return it to its original state.
He addressed the shared road and easement issue and asserted that he has rights to the road
and can access it at any time as the easement is contained within their property from south to
north and it makes no sense to change the access. Mr. Call stated he had his property surveyed
before building and Mr. Powell's fence is actually on his property by eight (8) feet, which will have
to be addressed. In response to Commissioner Kirkmeyer, Mr. Call confirmed there is a recorded
18 -foot easement that allows Mr. Powell access to his site and does not limit their access to their
own property. He described the easement in detail and stated there are no specific limitations. In
further response, he stated his site is 2.97 acres and he has water to the house and will have
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landscaping irrigation once developed. Mr. Call further clarified they do not want to have the
portable toilet for the future, as they have rough -in plumbing in the shop for a septic system
eventually. Lastly, he explained the hours of operation in relation to employee traffic and longer
summer hours.
In response to Commissioner Moreno, Mr. Call stated they have downcast lighting. In
response to Commissioner Kirkmeyer, Mr. Call pointed out the parking area. Mr. Call requested
an extension of the summer hours, if possible, to prevent a violation. Chair Cozad stated it is on
the record regarding the intent for a septic system for the shop.
In response to Commissioner Kirkmeyer, Mr. Ogle stated the application is not deficient in
any way. Commissioner Kirkmeyer stated she is in support of this application and saddened by
the fact that a neighbor is causing issues for everyone and he's not happy either. She affirmed
staff's recommendation and maintained the application is consistent with the goals and policies
of Chapter 22, as stated in the Resolution, which allow land use policies that provide an
opportunity to live and work in rural areas. She continued by providing her specific reasons for
each finding, as stated in the Resolution, and stating that it is consistent with the A (Agricultural)
Zone and in line with home business and occupations allowed in the A (Agricultural) Zone.
Commissioner Kirkmeyer reiterated that there are 11 USRs within one (1) mile of the site to
include private airports, an indoor arena, single-family dwellings, a boarding facility, a horse
breeding facility, and a motorcycle repair/storage facility; therefore, a landscaping business with
the proprietor residing on the property is compatible with surrounding land uses in the area. She
clarified it is compatible with future land uses and development, since it is rural residential in
nature and there are several other USRs in the area and with the site being only three (3) acres
it is more rural than agricultural as there is no water for irrigation other than exterior landscaping.
She reiterated the applicant has provided a permit for the Geologic Hazard overlay and she deems
it acceptable to the health, safety and welfare of the neighborhood based on the findings and
supports the application.
Chair Cozad stated Ms. Kaiser commented about agricultural uses and the Right to Farm
and how farming and agriculture are above all other uses. Chair Cozad agreed they are important
but she does not put one use above all others, as there is also a need for a family to be able to
live and support itself, and in this case, they are also employing others. She agreed with the
comments made by Commissioner Kirkmeyer and added comments to the findings regarding
Chapter 22 A.Goal 7 and Policy 7.3, to establish the basis for lots that have been subdivided and
are no longer conducive to agriculture and are more rural residential. Chair Cozad clarified that
the input from surrounding municipalities should be considered but should not determine the
outcome since they do not have an Intergovernmental Agreement (IGA) with Erie. She agreed
that a home business is compatible with rural residential. Chair Cozad cited A.Policy 8.3,
regarding access, and, A.Policy 8.4, regarding drainage. Chair Cozad reminded the public there
were 17 referral agencies invited to respond, and only five (5) responded and those responses
were addressed in the record. She referred to Section 23-2-230.B.2, and agreed that conversion
of the area with smaller lot sizes has been happening over a long period of time and it is no longer
conducive to agricultural use. She concurred regarding compatibility and emphasized smaller lots
make sense for home businesses and she agreed with the types of uses allowed that support the
economy and personal livelihoods. Chair Cozad agreed with the findings related to compatibility
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with surrounding towns, the Geologic Hazard Permit that has been submitted for review, that it is
not prime farm ground, and that there are sufficient Conditions and Development Standards to
protect the health, safety and welfare of the neighborhood. Chair Cozad stated she is also in
support of the application.
• Commissioner Kirkmeyer suggested removing Condition of Approval (COA) #1.B.
Commissioner Freeman recommended deleting COA #1.C.9. Commissioner Kirkmeyer
recommended changing the hours of operation to daylight hours for the months of April through
September and removing the limitation of Monday through Friday, and 24/7 during the months of
October through March. She suggested limiting the number of employees to twelve (12) and she
reviewed the necessary compliance regarding future septic plans, as stated in DS #17-20. Lastly,
Commissioner Kirkmeyer suggested deleting DS #16. The Board agreed to the changes.
• Chair Cozad reviewed the changes with the applicant. In response to Chair Cozad, Mr. Call
indicated they have reviewed, and agree to abide by, the Conditions of Approval and
Development Standards, as amended.
• Commissioner Kirkmeyer commented she is sad the neighborhood cannot get along and
she hopes the applicant and neighbors will continue to work on that, and then she moved to
approve the request of Andrew Call and Samantha Griffith Call, for a Site Specific Development
Plan and Use by Special Review Permit, USR17-0051, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial Zone District (landscape business)
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 Commissioner Moreno, and it carried
unanimously. Chair Cozad reiterated the record was found to be complete by staff. There being
no further discussion, the hearing was completed at 12:08 p.m.
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This Certification was approved on the 27th day of December, 2017.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ddm, w ;„k.
Weld County Clerk to the Board
WELD COUP Y, COLOR
EXCUSED
Steve Moreno, Pro-Tem
Sean P. Conway
APPR• D AS EXCUSED DATE OF APPROVAL
ounty Attorney
Barbara Kirkmey
Date of signature: Cr/i/eohg.
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