HomeMy WebLinkAbout20110485.tiff HEARING CERTIFICATION
DOCKET NO. 2011-10
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1765 FOR A COMMERCIAL JUNKYARD OR SALVAGE YARD,
OFFICES, AND OUTDOOR STORAGE (CONSTRUCTION COMPANY) IN THE
C-3 (COMMERCIAL) ZONE DISTRICT - CORONET INVESTMENT, LLC, C/O KURT
ALTHEN
A public hearing was conducted on February 16, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated January 7, 2011, and duly published January 12,
2011, in the Fort Lupton Press, a public hearing was conducted to consider the request of
Coronet Investment, LLC, c/o Kurt Althen, for a Site Specific Development Plan and Use by
Special Review (USR) Permit #1765 for a Commercial Junkyard or Salvage Yard, Offices, and
Outdoor Storage (construction company) in the C-3 (Commercial) Zone District. Bruce Barker,
County Attorney, made this a matter of record.
Michelle Martin, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,
and gave a brief description of the location of the site. She stated the applicant is currently in
violation of the Weld County Code for operating a construction company without the appropriate
zoning permits. She stated the Department of Planning Services is recommending denial of the
proposal due to noncompliance with Section 23-2-260.E.2 of the Weld County Code, which
requires proof of an adequate water supply. Ms. Martin explained the Colorado Division of
Water Resources submitted a letter, dated November 29, 2011, indicating the water supplied
from the existing well, which is constructed to a depth of 680 feet, is withdrawing water from the
Laramie Fox Hills Aquifer, and further pumping will cause material injury to other water rights.
She stated the well is not currently part of a court approved augmentation plan; therefore, it
cannot provide for the facility unless the applicant replaces the depletion. She stated the
proposal also does not comply with Sections 23-2-220.A.1 or 19-2-50.6 regarding urban
development outside of an approved Urban Growth Boundary. She explained the property is
located within the Southern Weld Planning Area; specifically, the City of Dacono urges denial
since the facility is within one mile of the city limits, it is adjacent to other salvage yards in
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unincorporated Weld County, and collectively they detract from the appearance of the City and
create adverse impacts. She read additional statements from the City of Dacono for the record
indicating the Weld County Comprehensive Plan references support of economic development;
however, the continued growth of salvage yards in southwestern Weld County suggests a lack
of investment in economic development and deters future growth. The City of Dacono also
expressed concerns with environmental contaminants, lack of County oversight, and an
increase of undesirable elements.
Ms. Martin stated, contrary to staffs recommendation, the Planning Commission voted to
approve the application, based on testimony from the applicant indicating they are attempting to
obtain a water tap. Ms. Martin displayed photographs of the site and surrounding area, and
indicated the property is surrounded by the City/County of Broomfield to the north, south and
east, with Interstate 25 (1-25) located to the west. She stated currently there are two (2)
structures on the site and the rest of the property is used for storage/commercial junkyard,
which is visible from the neighboring businesses.
In response to Commissioner Rademacher, Ms. Martin reviewed the surrounding land uses and
Chair Kirkmeyer explained as of 2011, the City/County of Broomfield cannot annex the area
without a Constitutional amendment. Responding to Chair Kirkmeyer, Ms. Martin stated the site
previously had an approved Site Plan Review (SPR); however, a new tenant came in with more
intense uses which were turned in as a joint complaint by zoning staff and a citizen. She also
confirmed that even if the facility had adequate water service, staff would still be recommending
denial due to the negative referral from the City of Dacono concerning the Urban Growth
Boundary. Chair Kirkmeyer commented the subject site is not eligible to be annexed by Dacono
due to the location, and Ms. Martin reviewed the names and general locations of the other
salvage yards referenced in the letter from the City of Dacono.
Heidi Hansen, Department of Public Works, stated the facility is accessed from the 1-25
Frontage Road, and the Conditions of Approval require approval from CDOT for the access
permit. She noted the access will not likely be a concern since the applicant is not changing the
use. She further stated the applicant has submitted a water quality design, which is acceptable
to staff, and they have addressed the remaining requirements or concerns.
Lauren Light, Department of Public Health and Environment, stated Condition of Approval #1.D
requires proof of adequate water. She indicated a neighboring business has been granted
emergency use of the well until a tap is obtained, and staff supports a similar arrangement on
this site. She stated there is an engineer's review, dated 2003, which indicates the septic
system is adequate, and she reviewed the various components to be disposed of and the
haulers designated in the Waste Handling Plan. Ms. Light stated there is a floor drain and
Condition of Approval #1.A requires an injection well permit from the Environmental Protection
Agency (EPA), or evidence that the drain has been sealed off, or that it drains to a
self-contained system. She stated the application indicates dust control will be provided by
spraying water or surfacing the drive area with gravel, and staff's only remaining concern is the
availability of water. In response to Commissioner Rademacher, Ms. Light indicated the
applicant will need to purchase a tap from a local provider, and they will be required to enter into
the overall service area of the District, which may take up to one year.
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Kurt Althen represented the applicant and stated his last tenant vacated the property more than
five (5) years ago, and he only recently gained a new tenant. He stated he did not realize a
USR was required for the new uses until contacted by staff; however, he is willing to comply
with the various standards. He confirmed the existing well is only permitted to serve one
business; therefore, he has been in contact with the Division of Water Resources and his
preferred option is to obtain a water tap from the Central Weld County Water District which has
a line constructed in the adjacent utility easement. Mr. Althen stated he is waiting for approval
of this permit before pursuing a tap and petitioning into the district. He also mentioned the
complaint submitted by the City of Dacono concerning the appearance of the businesses
situated at the entrance to the City, and acknowledged that 20 years ago he was personally
against this type of use as well. He stated now that the junkyard uses exist, it has made it hard
to lease his property because the area only appeals to similar uses. Mr. Althen stated if his
request is denied, he feels the area could be improved if all of the existing uses were removed.
Responding to Commissioner Rademacher, Mr. Althen confirmed the water well is not located
on his property, it serves the equivalent of one household, and the system is failing. He further
stated the west side of his property is screened and the rest is bordered by chain link fencing.
No public testimony was offered concerning this matter. Chair Kirkmeyer stated she
understands the water issue and she would like to require submittal of evidence that the
applicant is making efforts to obtain water service. She further stated the proposed use is
compatible with the surrounding land uses, and despite the negative comments from the City of
Dacono, they are unable to annex at this time. Chair Kirkmeyer suggested consideration of new
language requiring evidence of a water tap and amending Conditions of Approval #2 and #4 to
allow adequate time for the applicant to complete the water tap process before submitting the
plat. She also proposed modifying the standard language to reflect the septic capacity allowed
by an engineer's report, rather than designating a specific number of employees, and Ms. Light
and the Board concurred. In response to Chair Kirkmeyer, Mr. Althen stated he is not certain
what hours of operation his current or future tenants may need. Commissioner Rademacher
suggested deleting Development Standard #28 because, in this instance, the neighboring
properties are similar in nature and unlikely to be disturbed. Commissioner Rademacher
referenced Development Standard #23, and Ms. Martin stated Condition of Approval #1.C cites
Section 23-3-250.A.9 of the Weld County Code which requires screening of outdoor storage and
staff's intent was to have all four sides of the property screened, although there is some already
in place. Commissioner Rademacher clarified his intent is to require the applicant to maintain
the existing screening, as the two neighboring properties contain similar uses. Chair Kirkmeyer
stated she would prefer the applicant be required to screen the outdoor storage from nearby
residences, as appropriate, to ensure compliance with the Code.
Mr. Barker referenced Condition of Approval #1.D and indicated the language is very broad and
addresses the Board's concern regarding the submittal of evidence of an adequate water supply
for the commercial business. He further stated Development Standard #13 also addresses the
septic system capacity because it references the Individual Sewage Disposal System (I.S.D.S.)
Regulations contained in the Weld County Code; therefore, Development Standard #27 could
be deleted. Chair Kirkmeyer agreed, further stating the number of employees is not substantial
enough to cause any traffic impacts at this location. Following discussion, the Board concurred
that Conditions of Approval #2 and #4 should be amended to increase the time for recording the
plat from "sixty (60) days" up to "one year (365 days)" to be consistent with allowances made for
a neighboring application previously considered.
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Responding to Chair Kirkmeyer, Mr. Althen stated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as proposed and modified. Responding to
Mr. Althen, Chair Kirkmeyer instructed him to work with staff on the Screening Plan to ensure
the site is screened from residential properties in the vicinity, as appropriate, and to maintain the
existing screening.
Commissioner Rademacher moved to approve the request of Coronet Investment, LLC, do Kurt
Althen, for a Site Specific Development Plan and Use by Special Review Permit #1765 for a
Commercial Junkyard or Salvage Yard, Offices, and Outdoor Storage (construction company) in
the C-3 (Commercial) Zone District, based on the recommendation of the Planning Commission,
with the Conditions of Approval and Development Standards as entered into the record. His
motion included modifying Condition of Approval #1.C to add language which instructs the
applicant and staff to develop a Landscape and Screening Plan which requires maintenance of
the existing screening and placement of new screening of outdoor storage from residential
properties in the vicinity, as appropriate. He also included modifications to Conditions of
Approval #2 and #4 to increase the time allowed to record the plat from "sixty (60) days" up to
"one year (365 days)", amending Development Standard #23 to be consistent with Condition of
Approval #1.C, and deleting Development Standards #27 and #28, and renumbering as
appropriate. The motion was seconded by Commissioner Conway. Commissioner Garcia
supported the motion with the Findings that the application is in compliance with
Sections 23-2-230.B.1 through B.7 of the Weld County Code. Commissioner Conway stated
although he appreciates the concerns expressed by the City of Dacono, denial of this
application would take away the applicant's private property rights, since there are no other
options. There being no further discussion, the motion carried unanimously and the hearing
was completed at 10:40 a.m.
This Certification was approved on the 23rd day of February, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
ATTEST: . � k. / a -ti L h,
• ' Barbara Kirkmeyer, hair
Weld County Clerk tot iU 0 s ?co--,
,,-/ ' r. _, �,. Sean Co w-y, Pro-Ter?
BY: I ,
Deputy C erk to the Boa's`�` : '
W . F. Garcia
C.AAI C
David E. Long 1
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1765 - CORONET INVESTMENT, LLC, C/O KURT ALTHEN
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 2/1/2011)
D. Planning Staff Certification and Photo of sign posting
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