HomeMy WebLinkAbout20102169.tiff HEARING CERTIFICATION
DOCKET NO. 2010-38
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1744 FOR A COMMERCIAL JUNKYARD OR SALVAGE YARD IN THE
1-3 (INDUSTRIAL) ZONE DISTRICT - GUADALUPE, ROSE, AND JOSE CHAVEZ, C/O
IMPORT LINE, LLC
A public hearing was conducted on September 22, 2010, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Mary Evett
Public Works representative, David Bauer
The following business was transacted:
I hereby certify that pursuant to a notice dated August 13, 2010, and duly published August 18,
2010, in the Fort Lupton Press, a public hearing was conducted to consider the request of
Guadalupe, Rose, and Jose Chavez, c/o Import Line, LLC, for a Site Specific Development Plan
and Use by Special Review Permit #1744 for a Commercial Junkyard or Salvage Yard in the
1-3 (Industrial) 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
and entered the favorable recommendation of the Planning Commission into the record as
written. She stated the site is located south of County Road 4 and west of U.S. Highway 85, the
surrounding properties to the south and west are zoned A (Agricultural), and the properties to
the north and east are zoned 1-3 (Industrial). She confirmed the site is located within the
three-mile referral area for the Cities of Brighton and Fort Lupton, and Adams County; the City
of Fort Lupton indicated it did not have any concerns, and the City of Brighton and Adams
County did not return a referral response. She further confirmed there have been no comments
received from surrounding property owners, sixteen referral agencies reviewed the application
materials, and ten provided comments which have been addressed within the Conditions of
Approval and Development Standards. She stated the applicant intends to continue screening
the site from adjacent properties and rights-of-way; however, the existing screening will be
removed and replaced with a metal corrugated fence. Ms. Martin displayed photographs of the
site and the surrounding area, and in response to Chair Rademacher, she confirmed the
violation on the property was initiated in the year 2001, due to complaints from surrounding
property owners and municipalities. Responding to Commissioner Garcia, Ms. Martin
acknowledged the applicant has been in discussion with the Greater Brighton Fire Protection
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District, regarding the concern of deposits from the storage of fluids, and she will let the
applicant address what has been discussed.
David Bauer, Department of Public Works, confirmed the site is adjacent to U.S. Highway 85,
which is under the jurisdiction of the Colorado Department of Transportation (CDOT). He
indicated the access to the site is located on County Road 4, west of U.S. Highway 85, and
there is not an anticipated increase of traffic to this location, therefore, the current access permit
issued by the County is sufficient. He stated a detention pond is planned for the northwest
corner of the property, and the applicant is actually building the pond to detain more than the
minimum requirements, with a release of the water at the five-year historic rate. He clarified a
sand/oil separator will be installed, which will trap any automotive fluids on the site and prevent
the fluids from leaving the site. He confirmed the water retention on the site will actually be
better than it has been in the past, and the adjacent properties should experience a decreased
amount of runoff.
Mary Evett, Department of Public Health and Environment, stated the existing septic system will
continue to be utilized for the office, and it has already been evaluated and found adequately
sized for five employees and ten customers. She indicated there is a well on the site, and the
designation of the well has been approved for commercial uses, and the water from the well will
only be utilized for drinking and sanitary purposes. She clarified the auto fluids will be drained
from the parts within the warehouse, and will be collected in tanks for removal and proper
disposal on a monthly basis by the recycling company, Safety Clean. She confirmed the Waste
Handling and Dust Abatement Plans have been submitted, and are adequate, and the applicant
has noted there are no floor drains within the warehouse building. She stated the site is
covered with gravel, and the dust on the property will be controlled with the application of water
provided by Ready Mix Concrete, an adjacent property owner. She indicated the noise on the
site will be limited to the levels allowed within the Industrial Zone District, and the Stormwater
Discharge Permit has been approved by the State, therefore, Condition of Approval #2 may be
deleted.
Tim Youngpeter, Consultant, represented the applicant and introducted Andy Le, owner of
Import Line, LLC, and David Moore, an auto recycling consultant. Mr. Youngpeter confirmed
the proposed use will be compatible with the existing uses in the surrounding area, and clarified
the property will be utilized as a recycling yard for late model foreign cars.
Mr. Moore confirmed he has many years of involvement within the auto recycling business, and
he has known Mr. Le for a number of years. He indicated Mr. Le is always working to improve
his business operation, the site is clean, and Mr. Le is very compliant with all regulations. He
confirmed Mr. Le has the specific skill for finding high-demand salvage parts for foreign
vehicles, and his business is flourishing and growing. He further confirmed he trusts that the
business operated by Mr. Le will not fall on hard economic times and be forced to close in the
near future. He stated the employees of the company are highly trained in safety aspects,
including material handling, and Mr. Le is working to ensure his business is in full compliance.
Mr. Le confirmed he has worked very hard at cleaning up the property in the past year, and to
bring the property into compliance with the Weld County Code. He confirmed the use of the site
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for his business supports the new age of vehicle recycling, and this is not a greasy, dirty, vehicle
yard. He confirmed he is an active member of the community, and one of his part-time
employees is actually a student in high school, of which he supports the marketing program at
the school. Mr. Youngpeter displayed a plaque recently awarded to Mr. Le for his involvement
with the program. Mr. Le explained the high-school student is able to work for him part-time and
is able to get hands-on experience with the business while earning credit for school. He
indicated he is pleased that he is able to provide the value of the exposure to the industry and
the vehicle parts themselves to students who may be considering a future career. He confirmed
it is always his desire to work in a manner which gives back to the community and it is his intent
to remain in compliance with the location of his business on the property.
In response to Chair Rademacher, Mr. Le confirmed a majority of the dismantling of vehicle
parts occurs within the warehouse building; however, it is sometimes necessary to dismantle
some parts outdoors. Chair Rademacher explained to Mr. Le that if he anticipates needing
more than five employees in the future, he is able to request an amendment to Development
Standard #3 during this hearing. He clarified it has been noted that the existing septic systems
may only accommodate use by up to five employees; therefore, the addition of employees may
trigger additional expenses for upgrades to the septic system.
Responding to Chair Rademacher, Ms. Martin indicated there is a gravel operation directly
south of the site, an equipment yard and sales site is located east of the site, and there are
several USR permits approved through Weld County north of the site. She confirmed this area
is very industrial in nature, and she is not aware of any residences within the immediate area.
Chair Rademacher questioned whether the limited hours of operation are applicable since there
does not appear to be any residential neighbors which will be disturbed by the operations on the
site. Ms. Martin confirmed Development Standard #4 could be deleted since there have been
no complaints from surrounding property owners. In response to Chair Rademacher,
Mr. Youngpeter concurred with the proposed deletion of Development Standard #4.
Mr. Youngpeter clarified the facility intends to comply with all requirements, including the
construction of a permanent fence to provide adequate screening of the site. He further clarified
the applicant intends to provide the requested 10-foot landscape buffer along the frontage of
U.S. Highway 85; however, the applicant is requesting that the landscape buffer along County
Road 4 not be required. In response to Chair Rademacher, Mr. Bauer confirmed County
Road 4 is reserved right-of-way; however, the County does not maintain this portion of roadway.
Mr. Youngpeter confirmed 50 percent of the site will act as open space and no storage will
occur within this area. He clarified the parking spaces are being relocated to inside of the
fence/screening, onto the concrete portion of the site, and the plat will be amended to
adequately address these improvements. He clarified the fluids on the site will be contained,
and the containment volume will exceed the specifications required by the Greater Brighton Fire
Protection District. He confirmed the applicant has been working in conjunction with
representatives from the Fire Protection District to clear up any outstanding concerns, and he
has been very pro-active to make sure all requirements are being met in a timely manner. Mr.
Youngpeter indicated one of the main concerns regarding the property were issues relating to
stormwater drainage, and Mr. Le will be completing on-site drainage improvements. He
confirmed a new detention pond will be constructed and sized to accommodate a 100-year flood
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event, and all of the output from this pond will be cleaned through the interceptor before it is
released to the property to the west, in conjunction with historical flow patterns. He further
confirmed the release rate of the water will be controlled and will actually be at a slower rate
than the natural sheetflow drainage occurring within the past. He acknowledged the water will
be cleaned and tested, and the test results will be provided to the State on an annual basis. He
clarified if the water does not meet the minimum specifications, the discharge permit will not be
renewed.
Robert Baumgartner, surrounding property owner, indicated his business owns the buildings
directly north and west of this proposed site, and he expressed his concerns regarding the
stormwater drainage from the site. He clarified rainwater does not adequately soak into the
ground in this location, and he is concerned the runoff will contain contaminants from the cars
sitting on the lot before they are dismantled. He indicated this property is owned by the Chavez
family, and this property used to be a complete mess with junk, trash, and trailer houses
scattered about. He further indicated there are now cars stored on the site, and they are
stacked in close proximity, therefore, the rain water does not have a chance to soak into the
ground, which creates a large amount of runoff from the property. He acknowledged a fire
previously occurred within one of the warehouse buildings, and the applicant has not addressed
whether the building will be reconstructed. Mr. Baumgartner clarified the stormwater on the site
naturally drains to the northwest corner, and then west along the County Road 4 right-of-way,
making its way over to the riverbed. He reiterated the County does not provide maintenance for
County Road 4, and when the water runs along the road, it actually soaks into the ground in
front of his buildings, and he is concerned that the contaminants are then soaking into his
property. Commissioner Kirkmeyer requested that Mr. Bauer address how the proposed
improvements on the site will help to solve Mr. Baumgartner's concerns regarding stormwater
drainage.
Mr. Bauer clarified the applicant is proposing to construct a detention pond, with a box outlot, on
the northwest corner of the property, and the separator unit will trap any oils and fluids before
the water is released from the pond. He indicated, based upon the reports prepared for this
site, the applicant needs to provide 16,000 cubic feet of water storage; however, the applicant is
proposing a pond which will contain 31,000 cubic feet of water storage, which is essentially
double the necessary size. Mr. Bauer acknowledged the contaminants on the site are a valid
concern; however, the contaminants will now be trapped within the pond, and will not be
released with the water. He confirmed the water will flow west along County Road 4, down the
swale along the edge of the right-of-way, and will eventually reach the riverbed area to the west
of the site. He clarified the water will be released from the pond at the required five-year flood
event rate, which is a low release rate and is equivalent to the amount of runoff generated on a
farm field. He explained the release flow rate will be one cubic foot per second, or an equivalent
of ten gallons per second. In response to Chair Rademacher, Mr. Bauer confirmed the low
release rate is non-erosive, and the applicant is completing every improvement possible to
mitigate the potential damage from runoff.
Mr. Baumgartner clarified not all of the runoff from the property flows to the west, and some of
the runoff flows to the south and east when there is a big storm event. He ndicated the large
pond on the property directly south of this site will catch any of that runoff, and he is concerned
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about the contaminants running into that pond as well. He acknowledged the best solution to
the runoff situation would be to re-grade the entire property, causing all of the runoff on the
property to run to the northwest corner. In response to Chair Rademacher, Mr. Bauer confirmed
the proposed grading plan indicates a drainage swale, running south to north, which drains into
the northwest corner of the site. Mr. Baumgartner reiterated his concerns regarding the
stormwater not being able to soak into the ground on the site, due to the amount of materials
which will be located on the site. Commissioner Kirkmeyer clarified the applicant will be re-
grading the property, which will create a swale, and the detention pond will hold twice the
amount of stormwater runoff than required, which will produce improvements over previous
conditions at the site. She expressed her appreciation to Mr. Baumgartner for providing his
comments at the Planning Commission hearing and to the Board today.
Mr. Baumgartner indicated his septic system for the property to the west is located along the
northern edge of the property, and when the area floods, it also floods his septic system. He
indicated he would prefer for the water to flow down the north side of County Road 4, and in
response to Commissioner Conway, he confirmed he understands that if the detention pond
built on the applicant's property is big enough, it will reduce the chance of water flooding his
property.
Chair Rademacher indicated he believes the applicant is providing the appropriate mitigation
techniques to resolve the concerns expressed by Mr. Baumgartner. Mr. Youngpeter concurred
and clarified the site must maintain compliance with strict requirements, and it is the intention of
Mr. Le to continue to be a good neighbor by staying in compliance with the required regulations.
Responding to Chair Rademacher, Mr. Le indicated he does not wish to amend Development
Standard #3, regarding the limitation of five employees; however, he concurs with the deletion
of the hours of operation within Development Standard #4. The Board concurred with the
deletion of Development Standard #4, with the required re-numeration. Following discussion
between Chair Rademacher and Commissioner Conway, Ms. Martin clarified most of the
businesses operating within the surrounding area have been in operation for many years, and
are also not restricted with specific hours of operation.
Mr. Youngpeter requested clarification regarding the requirement to provide a landscaping
buffer along County Road 4. Commissioner Kirkmeyer indicated it appears the requirement was
removed during the Planning Commission hearing, and in response, Ms. Martin clarified the
issue was discussed during the Planning Commission hearing; however, staff was instructed to
meet with the applicant to discuss this requirement. She confirmed a meeting was held with the
applicant after the Planning Commission hearing, and staff agrees that it would create a burden
on the applicant to be required to move the existing fencing along County Road 4, therefore, a
landscaping buffer is no longer required. Chair Rademacher indicated he is pleased this issue
has already before addressed before today's hearing.
Upon clarification from the Acting Clerk to the Board, the Board concurred with the deletion of
Condition of Approval #2, as requested by Ms. Evett, with the required re-numeration. In
response to Chair Rademacher, Mr. Le indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as amended.
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Commissioner Garcia moved to approve the request of Guadalupe, Rose, and Jose Chavez, c/o
Import Line, LLC, for a Site Specific Development Plan and Use by Special Review
Permit#1744 for a Commercial Junkyard or Salvage Yard in the 1-3 (Industrial) 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 the deletion of Condition of Approval #2 and Development Standard #3, both with the
required re-numeration. The motion was seconded by Commissioner Kirkmeyer.
Commissioner Conway expressed his appreciation to Mr. Le for his diligent work, and he wished
Mr. Le continued success in his business endeavors. There being no further discussion, the
carried unanimously, and the hearing was completed at 11:00 a.m.
This Certification was approved on the 27th day of September, 2010.
BOARD OF COUNTY COMMISSIONERS
'WELD COUNTY, COLORADO
ATTEST: -EXCUSED DATE OF APPROVAL
kekt. t Do glas Rademacher, C air
Weld County Clerk to rta -
1
arbara Kirkmeyer, ro-Tem
BY:
Deputy Clerk to the Bo
Sean P. Co
am F. Garcia
c , C
David E. Long
2010-2169
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1744 — CHAVEZ, CIO IMPORT LINE, LLC
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 09/07/2010)
D. Planning Staff Certification and photo of sign posting
E-mail from applicant w/ Stormwater Discharge Permit,
E. Planning Staff dated 09/16/2010
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