HomeMy WebLinkAbout20093212.tiffHEARING CERTIFICATION
DOCKET NO. 2009-77
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1721 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(CONSTRUCTION COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT — DAN
LACOE
A public hearing was conducted on December 16, 2009, at 10:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer - EXCUSED
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Don Carroll
Public Works representative, Janet Carter
The following business was transacted:
I hereby certify that pursuant to a notice dated November 9, 2009, and duly published
November 12, 2009, in the Windsor Beacon, a public hearing was conducted to consider the
request of Dan LaCoe for a Site Specific Development Plan and Use by Special Review
Permit #1721 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (construction company) in the A (Agricultural)
Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Garcia
advised the applicant, Dan LaCoe, that he has the option of continuing the matter to a date
when the full Board will be present. However, if he decides to proceed today, the matter will
require three affirmative votes, or in the case of a tie vote, Commissioner Kirkmeyer will listen to
the record and make the determining vote. Mr. LaCoe indicated he would like to proceed today.
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 stated the application materials also mention the placement of a wind turbine on the
property at some point in the future; however, the description was not included, since it has not
yet been determined which type of turbine will be placed on the property. He clarified the
applicant is allowed, as a Use by Right, to install a turbine up to 120 feet in height, and the
applicant expects to install a turbine approximately 80 feet in height. He further clarified if the
installed turbine exceeds 120 feet, the matter will be reviewed through a separate process.
Mr. Gathman indicated the site is currently farmed, and the nearest single-family residence is
approximately one -eighth of a mile north of the site. He stated there are three single-family
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residences which are located approximately one -eighth of a mile south of the proposed facility,
and a trade school, approved through USR-1616, is located approximately one mile east of the
site. He indicated the applicant is proposing to install a berm around the equipment area, to
help provide screening and help with drainage on the site. He stated one letter was received by
a surrounding property owner, containing concerns regarding noise, dust, traffic, and the scale
of the business operations being inappropriate for the rural area. He stated the site is located
within the three-mile referral area for the Town of Lochbuie and Adams County; however, no
referral response was returned from either entity. He indicated the site slopes from north to
south, toward the middle of the property, and the proposed storage area will be partially
screened due to the topography of the site. He clarified the applicant is required to provide a
Landscape/Screening Plan, which shall designate how the equipment storage area will be
screened from the surrounding properties to the north, and how the office area will be screened
from County Road 2. He further indicated the applicant is required to provide a Lighting Plan, to
ensure the lights on the site will be downcast. He stated the applicant is proposing hauling
hours of operations from 6:00 a.m., to 6:00 p.m., and he confirmed the parcel is currently
vacant, therefore, there is no permanent access to the site at this time. He displayed
photographs of the site and the surrounding area, and clarified the office building will be along
the southern edge of the site, near County Road 2, and the storage uses will be located at the
northern edge of the property.
Don Carroll, Department of Public Works, stated the site is located on County Road 2, which is
the county -line road with Adams County. He stated the nearest paved road to the east is
County Road 45, and County Road 2 is classified as a collector status road, requiring 80 feet of
right-of-way at full buildout, and has an average daily traffic count of approximately 1,284
vehicles. He confirmed the traffic count was completed in the year 2008, the 85th percentile of
traffic speed is approximately 65 miles per hour, and truck traffic equates for approximately
seven percent of the overall traffic on the road. He indicated County Road 2 was currently
upgraded through a joint project with Adams County, and the access at the site will contain a
concrete tracking pad and will require a double turning radius of 60 feet, in order to
accommodate the large equipment to be stored on the site. He clarified the applicant has
indicated recycled asphalt will be placed on the site, the office and shop area along the southern
boundary of the site will contain gravel parking lots, and the proposed residence and equipment
storage area will be located along the northern boundary of the site. He confirmed access to
the northern portion of the property will be provided through a dedicated easement. He stated
the applicant did provide a traffic study, and has indicated up to 60 vehicles/pieces of equipment
will be stored at the site, including pickup trucks, semi -trucks and trailers, skid loaders,
backhoes, etcetera. He clarified the equipment will be retrieved from the site, as necessary,
depending on the type of construction work, and will return to the site for storage once a specific
job has been completed. He indicated, due to the large size of the site, the applicant will be
required to provide two water quality features on the site.
In response to Commissioner Rademacher, Janet Carter, Department of Public Works,
indicated the applicant is proposing 40 to 60 vehicle trips per day, and she clarified a majority of
the equipment will be stored off the site, therefore, it is more likely that approximately five
vehicles/pieces of equipment will be entering the site on a daily basis. Responding to Chair
Garcia, Ms. Carter indicated this corridor of County Road 2 contains slight hills; however, it does
not appear that there are any sight distance issues at the proposed access. She confirmed the
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specifics of the access will be reviewed when the applicant applies for the access permit at
some point in the future. In response to Commissioner Conway, Ms. Carter confirmed the traffic
study provided by the applicant was generally narrative; however, since there is not a large
amount of traffic associated with the site, the traffic study was adequate. Responding to Chair
Garcia, Ms. Carter confirmed the installation of an acceleration or deceleration lane is not
warranted.
Lauren Light, Department of Public Health and Environment, stated water will be provided to the
site by a well, the applicant has applied for the necessary well permit, and a copy of the
approval of the permit will be required to be submitted. She stated a septic system will be
installed for the office building, which will be required to be sized by an engineer, for usage by
both employees and drivers at the site, and reviewed by the Board of Public Health. She
indicated the applicant is required to submit Dust Abatment and Waste Handling Plans, and the
applicant has indicated there will be some maintenance work done on -site; however, no floor
drains will be installed, therefore, the applicant must provide details of how fluids on the site will
be disposed of. She confirmed the proposed paint booth will require an additional permit from
the State, and the site is required to abide by the noise levels allowed within the Commercial
Zone District, which is the same level as the Residential Zone District.
Mr. LaCoe indicated when he submitted his application materials, he made the decision to go
ahead and indicate the future growth he expects for his company, therefore, all of the total
numbers listed within the materials are for the potential buildout. He indicated there will only be
a few vehicle trips per day in the beginning, as he currently is only operating one construction
crew, therefore, he does not expect to create a big impact at the site. He confirmed he talked
with his neighbors, and tried to address any questions or concerns presented, including moving
the access 120 feet to the west, at the request of the property owner directly east of the site. He
further confirmed he talked with the property owner, who had no outstanding concerns or
objections, therefore, he is not sure why a letter of concern was submitted for the file. In
response to Commissioner Rademacher, Mr. LaCoe confirmed the proposed berm will be
constructed to provide screening on the site, or, he may decide to install an opaque fence, if that
becomes a feasible option for him. He clarified the site is completely undeveloped at this point,
and once the grading activities on the site are completed, he will make a decision regarding the
most feasible option. Responding to Chair Garcia and Commissioner Rademacher, Mr. LaCoe
confirmed he intends to install berming along the equipment storage area located at the
northern border of the property, and he does not intend to install any berms along the southern
edge of the site, unless he is required to do so. He noted the size of the area may eventually
grow enough that he will be required to provide additional berming along the northern boundary
of the site. In response to Commissioner Rademacher, Mr. LaCoe indicated he currently has
sixteen employees, and the allowance of 30 employees at some point in the future is an
adequate number.
No public testimony was offered concerning this matter.
Mr. Gathman stated Development Standard #3 indicates that the permit is not transferable to
future property owners; however, this language is usually reserved for more intense uses, or for
properties which are located within a municipal area. He indicated this property is rural in
nature, and due to the less intense use of the site, he recommended deletion of Development
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Standard #3. Commissioner Rademacher concurred and indicated if the uses on the site are
modified at some point in the future, the matter will be required to be re -reviewed by the Board.
The Board concurred with the deletion of Development Standard #3. In response to
Commissioner Conway, Mr. Gathman clarified the hours of operation for hauling equipment are
limited from 6:00 a.m., to 6:00 p.m., and any necessary repairs to be completed at the facility
will occur indoors, therefore, Development Standard #4 indicated administrative and executive
office and repair facilities are exempt from the hours of operation. Further responding to
Commissioner Conway, Mr. LaCoe confirmed the office building and associated parking lot will
be the only improvements adjacent to County Road 2, and all of the vehicles/pieces of
equipment entering the site will travel across the site to the northern portion for storage.
Commissioner Conway expressed his appreciation to Mr. LaCoe for accommodating his
neighbor's request to move the access farther to the west. In response to Commissioner
Rademacher, Mr. LaCoe confirmed all of the repair work to be done on the vehicles/equipment
will be done within a large building to be constructed at the north end of the property, therefore,
no repair or maintenance work will take place in close proximity to the neighbor's residence.
In response to Chair Garcia, Mr. LaCoe indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Rademacher moved to approve the request of Dan LaCoe for a Site Specific
Development Plan and Use by Special Review Permit #1791 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(construction company) 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, and modified. His motion included the deletion of
Development Standard #3, with the required re -numeration. The motion was seconded by
Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:00 a.m.
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This Certification was approved on the 21st day of December, 2009.
ATTEST:ri"'a
Weld County Clerk to the Bbard
4 U tzv1
BY:k-_7.G'�,ll
Deputy Clerk
o the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Sean P. Conway
EXCUSFD
Barbara Kirkmeyer
her, Pro -Tern
C
David E. Long
2009-3212
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1721 — DAN LACOE
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Planning Commission Summary of Hearing (Minutes dated 12/1/2009)
D. Planning Staff Certificate and photo of sign posting
E. Janet Chinn Letter of Opposition, dated 12/1/2009
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF DECEMBER, 2009:
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