HomeMy WebLinkAbout20112566.tiff HEARING CERTIFICATION
DOCKET NO. 2011-59
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1795 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICT (CONSTRUCTION AND WELDING BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT- MARK AND BRENDA MOSER
A public hearing was conducted on September 28, 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, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 19, 2011, and duly published August 24,
2011, in the Fort Lupton Press, a public hearing was conducted to consider the request of Mark
and Brenda Moser, for a Site Specific Development Plan and Use by Special Review (USR)
Permit#1795 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone District (construction and welding business) in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He explained this application is to correct a zoning violation for the operation of a
commercial business without the proper zoning permits. He stated the Violation was initiated as
a result of a complaint from a private citizen; however, if the USR is approved and the plat
recorded, then the Violation will be dismissed. He stated if denied, all commercial use will need
to be removed within 30 days and the case will be forwarded to the County Attorney with a
request to delay action for 30 days. Mr. Gathman gave a brief description of the location of the
site, which is situated one-eighth of a mile west of existing residences. He stated ten referral
agencies reviewed the proposal, six responded with comments that have been addressed in the
Conditions of Approval and Development Standards, and although the site is located within the
three-mile referral areas for the City of Evans and Town of LaSalle, staff received no response
from the municipalities. He stated a letter was received from a surrounding property owner, who
resides 500 feet west of site, expressing concerns with the potential impact of traffic on road
conditions, safety hazards along County Road 46, and noise from the operation. He further
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stated another surrounding property owner visited the Planning Services Department and
expressed concern with noise, dust, and traffic impacts from employees heading east on County
Road 46. Mr. Gathman stated the site is screened on the north, west, and east by an existing
six-foot opaque fence, and delivery and pick-up at the site will be limited to ten to fifteen flat bed
trucks and five semi-trucks per week. He stated there will be approximately 15 to 20 employee
trips per day, and they are instructed to enter and exit the site from the east on County Road 39.
He further stated a Road Maintenance Agreement will be required for dust mitigation and the
approved haul route, which is further addressed in Development Standard #4. Mr. Gathman
stated there are numerous Conditions and Development Standards proposed in an attempt to
address or mitigate the impacts of the use, such as a Screening and Lighting Plan. He
indicated there is existing screening along the north, east, and west; however, screening is
required along the south to screen a commercial use from adjacent agricultural land. He stated
the facility will be required to adhere to the Industrial Zone noise standards (55 decibels
from 7:00 a.m., until 9:00 p.m. / 50 decibels from 9:00 p.m., until 7:00 a.m.). He stated the
Planning Commission deleted Development Standard #3 regarding the number of on-site
employees and modified Development Standard #17 to reflect the number of employees shall
be commensurate with the capacity of the septic system. However, staff feels the number of
employees should be specified to address other issues, such as the potential for increased
traffic, parking and circulation, outside storage, and dust. He explained the referral agencies
reviewed the application with a designated number of employees, and the impact may change
drastically if there is a change of ownership. Mr. Gathman clarified the application materials
indicated 16 on-site employees, plus 16 off-site employees who only come occasionally but
should be addressed to protect the applicant, and he reviewed an aerial site layout and
photographs of the site and the surrounding properties. In response to Chair Kirkmeyer, Mr.
Gathman stated the site was increased from 3.5 up to 4.5 acres in size through the amended
Recorded Exemption process. He reiterated the Screening Plan will address screening along
the southern boundary, which is adjacent to agricultural uses; however, there are no residences
and the requirement may be waived by the Board if they choose. Responding to Commissioner
Conway, Mr. Gathman stated the Conditions proposed by the Department of Public Works will
address the neighbors' concern that employees only use the eastern access. In response to
Commissioner Rademacher, Mr. Gathman stated the closest neighbor's residence is one-half
mile from the road to the east, and both neighbors expressed concern with employee access
and traffic.
Don Carroll, Department of Public Works, stated the site is three miles south of the Town of
La Salle and 1.5 miles east of U.S. Highway 85. He stated County Road 46 is a local gravel
road with 60 feet of right-of-way, and the average daily traffic count, taken in 2006, was
approximately 67 vehicles. He stated the applicant has agreed to specify a commercial vehicle
haul route, which will address the curve in the road to the west and the intersection of County
Road 37 and U.S. Highway 85. He stated staff is requiring a Road Maintenance Agreement for
the haul route to direct commercial vehicles one-half mile east to County Road 39, which is
paved and does not pass any residences, and the applicant will create a water quality feature
on the site. In response to Commissioner Rademacher, Mr. Carroll stated the haul route does
not address employee parking or access; however, the Road Maintenance Agreement will
address road damage and dust control along the haul route.
Lauren Light, Department of Public Health and Environment, stated the site will be serviced by
the Central Weld County Water District, and there are three septic systems: one for the three
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bedroom house and one for each shop, which both serve eight employees and eight drivers.
She stated if the Board chooses to delete Development Standard #17, as proposed by the
Planning Commission, she has additional language to address the requirement of an
engineered system if more employees are added. Ms. Light stated the applicant has submitted
Dust Abatement and Waste Handling Plans, an Air Emissions Permit is not required for the
welding, and Development Standard #10 was included to address a neighbor's concern to
prevent open burning on the site. She stated the applicant has addressed all of the Health
conditions prior to the hearing; however, Development Standards #5 through #17 are the typical
requirements for this type of operation.
Tim Naylor, AGPROfessionals, LLC, represented the applicant and stated the permit request is
for an existing use to utilize the buildings as metal and steel fabrication shops for various
agricultural uses and/or oil and gas service equipment. He stated the fabrication operations will
be contained to a designated area with proper ventilation and the remainder of the facility will be
used to store equipment, raw materials, and finished product. He asserted this is not intended
to serve as a retail site and there will be no customers. Mr. Naylor indicated the applicant's
residence is located on the east side of the property, there are two existing buildings used for
fabrication, and a new building is proposed to be built as business improves. He stated the
existing privacy fence will be extended to the new property line to the west, which will screen the
additional storage and water quality feature. He reviewed the Code criteria for approval and
stated the proposal is consistent with the intent of the Weld County Comprehensive Plan and
the A (Agricultural) Zone District, it is compatible with existing and future development, it
complies with overlay districts and conserves prime farmland, and there are adequate
provisions for the health, safety and welfare of the inhabitants of the neighborhood and County.
Mr. Naylor stated there were no conflicts reported through the referral process, and the proposal
was found to be adequate to justify a recommendation of approval. He stated there will be an
engineer-designed water quality feature on the west end of the site, which has been approved
by staff, Central Weld County Water District provides domestic water to the property with an
existing three-quarter-inch tap, and there are three permitted septic systems. He stated the
main entrance and a separate residential access are both on County Road 46, which is an
improved gravel road with 60 feet of right-of-way. He further stated the use will generate one
semi-truck and approximately three flatbed truck trips per day, as well as 15 personal vehicles
for employees. He stated the applicant has requested employees enter and exit from the east
on County Road 39 whenever possible and agrees to require all multi-axle equipment to utilize
County Road 39 to avoid stacking at the railroad tracks near U.S. Highway 85. Mr. Naylor
stated the applicant applied dust suppressant on County Road 46, and dust within the site will
be controlled with a water truck whenever necessary. He noted the facility is well screened to
the north, west, and east and is bordered to the south by a corn field, with the nearest property
to the south being located approximately one mile away. He stated approval of this application
will create new jobs, provide added economic security for the community and the applicant,
localize impacts to the immediate area, and provide enforcement to the County.
Bill Jerke, County resident, stated the applicants are quality neighbors, great business operators
who maintain a very clean facility, and they are very active in the community. He further stated
there is no reason for a fence on the south. There being no further comment, Chair Kirkmeyer
closed public testimony.
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In response to Commissioner Conway, Mr. Naylor indicated in the past some employees have
entered the site from the west; however, the applicants have requested they come in from the
east whenever possible. He reiterated there are two accesses on County Road 46; however,
the applicant is agreeable to requiring a majority of the traffic to access the site from the east.
He stated Mr. Moser has met with both of the neighbors who spoke at the Planning Commission
meeting and has worked to satisfy their concerns. In response to Chair Kirkmeyer, Mr. Naylor
stated the business was started in 2006, and he requested the Screening and Lighting Plan
requirements be modified to require the applicant to maintain the existing screening and lighting.
In response to Commissioner Rademacher, Mr. Naylor stated the lighting has never been raised
as an issue of concern by the neighbors or the Planning Commission. Chair Kirkmeyer stated
the existing screening appears to be appropriate and adequate and she agreed the applicant
should be required to maintain the existing conditions, not submit a new plan. She also
requested Conditions of Approval #1.F, #1.G, #3, and #4 be deleted, and that Condition #10 be
modified since the use already exists. Chair Kirkmeyer also agreed with staff's previous
comments that the referral agencies reviewed the application with a designated number of
employees when determining the potential impacts. Mr. Naylor agreed and stated if the number
of employees is determined by the current septic system capacity, the applicant would be in
violation if they increased employees to meet increased business demand. Responding to
Chair Kirkmeyer, Mr. Naylor estimated 25 to 30 on-site employees would be adequate for
potential growth. In response to Commissioner Rademacher, Mr. Gathman reiterated
Development Standard #17 accounts for 16 on-site and 16 off-site employees, for a total of 32.
Mr. Naylor confirmed the applicants agree to upgrade the septic system accordingly if they
increase the number of employees. Responding to Commissioner Rademacher, Mr. Carroll
reiterated the traffic count was conducted in 2006. Commissioner Rademacher commented the
low traffic count does not seem to justify the need for a designated haul route for one semi-truck
and two flat-bed trucks per day; however, he will support the haul route to address the concerns
expressed by the neighbors and a proportionate share of the improvements once the traffic
count exceeds 200 vehicles per day. Chair Kirkmeyer agreed with direction to staff to address
the Board's comments in the Maintenance Agreement. Responding to Commissioner
Rademacher, Mr. Gathman confirmed the property is zoned Agricultural. Mr. Barker confirmed
open burning is not allowed unless it is an agricultural product and Commissioner Rademacher
proposed deleting Development Standard #10. Chair Kirkmeyer suggested the Standard
remain to ensure compliance by future property owners; however, she suggested the language
be modified to state, "There will be no open burning on the property, in compliance with State
law."
Mr. Gathman agreed with the requested deletion of Condition #1.F, since the existing screening
is already designated on the plat, and proposed Condition #1.G be modified to state, "The plat
shall delineate any on-site lighting." He also supported the deletion of Conditions #3 and #4,
and agreed Condition #10 could be modified to state, "No building or electrical permits shall be
issued on the property until the Use by Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder." Mr. Naylor explained there is an Agricultural Exempt
building and another that needs to go through a change of use to accommodate the commercial
component, and both are related to the USR business. Following discussion, Chair Kirkmeyer
stated the applicants are required to record the plat within 30 days and they have shown a good
faith effort to resolve the violation by proceeding with the USR process; therefore, she proposed
deleting Condition of Approval #10. Mr. Naylor requested Condition #8 be modified to allow the
applicant 60 days to complete the plat for recording. Chair Kirkmeyer reviewed the all of the
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proposed modifications for the record. In response to Commissioner Rademacher, Mark Moser,
applicant, stated the business currently operates from 6:30 a.m. to 3:30 p.m., so the proposed
hours of 6:00 a.m., until 6:00 p.m., are adequate. In response to Chair Kirkmeyer, Mr. Naylor
stated he and the applicants have reviewed, and agree to abide by, the Conditions of Approval
and Development Standards, as proposed and modified.
Commissioner Rademacher moved to approve the request of Mark and Brenda Moser for a Site
Specific Development Plan and Use by Special Review Permit #1795 for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
District (construction and welding 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 entered into the record. His motion included deleting
Conditions of Approval #1.F, #1.G, #3, #4, and #10; amending Development Standard #10 to
state, "There will be no open burning on the property, in compliance with State law."; amending
Development Standard #17 to state, "The number of employees shall be commensurate with
the number of persons which the septic system(s) may accommodate, not to exceed
thirty-two (32). . ."; amending Development Standard #30 to state, "The existing screening on
the site shall be maintained.", and renumbering or re-lettering as appropriate. (Clerk's Note:
references to screening and lighting in the criteria paragraphs were also modified to be
consistent with the motion.) The motion was seconded by Commissioner Conway, and it
carried unanimously. There being no further discussion, the hearing was completed at 11:40
a.m.
This Certification was approved on the 3rd day of October, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
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Weld County Clerk to the Board
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1795 - MARK AND BRENDA MOSER
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 9/6/2011)
D. Applicant PowerPoint presentation
E.
F.
G.
H.
J.
K.
L.
M.
N.
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P.
Q.
R.
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T.
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