HomeMy WebLinkAbout20091381.tiffHEARING CERTIFICATION
DOCKET NO. 2009-29.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1684 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(PARKING AND STORAGE FOR A CONCRETE COMPANY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ZAPIEN BROS. CONCRETE, INC.
A public hearing was conducted on June 17, 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
Commissioner David E. Long - EXCUSED
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Carroll
Public Works representative, Clay Kimmi
The following business was transacted:
I hereby certify that pursuant to a notice dated April 17, 2009, and duly published April 24, 2009,
in the Greeley Tribune, a public hearing was conducted on May 20, 2009, to consider the
request of Zapien Bros. Concrete, Inc., for a Site Specific Development Plan and Use by
Special Review Permit #1684 for a Use Permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (parking and storage for a
concrete company) in the A (Agricultural) Zone District. At said hearing, the Board deemed it
advisable to continue the matter to June 17, 2009, at the applicant's request. On June 17,
2009, Bruce Barker, County Attorney, made this a matter of record. Chair Garcia advised the
applicant's representative, Joel Zapien, 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 Long will review the
record and make the determining vote. Mr. Zapien indicated he would like to proceed today.
Kim Ogle, 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 site consists of one acre, and is located east of Grace Avenue, north and south of
Frederick Street, adjacent to the Townsite of Wattenburg. He further stated the site is located
within the three-mile referral area for the City of Fort Lupton, which indicated no concerns with
the request, and Adams County, which did not return a referral response. He confirmed the
surrounding property is primarily residential and agricultural in nature, with multiple residences
in close proximity, and there are 37 surrounding property owners within 500 feet of the site. He
stated mineral resource extraction has been permitted to the east and south of the site, and the
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property is currently in violation for the storage of equipment and the operation of a commercial
business without the proper permit. He clarified if the application is approved, the violation will
be corrected; however, if the application is denied, the business and equipment shall be
removed from the site, or the violation case will proceed accordingly. Mr. Ogle stated the
Wattenburg Improvement Association provides potable water to the site, and a septic system
handles the effluent flow. He confirmed the site was historically utilized as a pickle dock, and
recently was utilized for an insulation company; however, no land use permits exist for either
operation. He indicated the primary access is on Grace Avenue, a former railroad track which
has been converted as a local paved road. He further indicated the access drive and the facility
yard are graveled and graded, and the site contains one concrete -block building. He indicated
the site contains an existing fence around the perimeter, the entire property is located within the
floodplain, and the site is also within a Special Flood Hazard Area, as determined by the
Federal Emergency Management Agency (FEMA). He stated fourteen referral agencies
reviewed the application materials, and ten provided comments which have been addressed
within the Conditions of Approval and Development Standards. He further stated one letter of
concern has been received from a group of surrounding property owners who had concerns
regarding existing traffic, especially the speed of the vehicles associated with the business. He
indicated one E-mail was received from another individual with similar concerns, and he
displayed photographs of the site and surrounding area.
In response to Chair Garcia, Mr. Ogle confirmed the Planning Commission vote for approval
was not unanimous, with Commissioner Holton in opposition. Commissioner Kirkmeyer
indicated the Townsite of Wattenburg will celebrate its 100 -year anniversary this year, and she
questioned which years the site was utilized as a pickle dock and then as an insulation
company. Mr. Ogle indicated he is not sure of the exact years that the site was utilized as a
pickle dock, and the insulation company was not approved through a land use permit, therefore,
the use was prior to the year 1972. Further responding to Commissioner Kirkmeyer, Mr. Ogle
confirmed the primary access to the site will be on Grace Avenue, the USR boundary includes
the entire property, including the building and storage areas, and there is no residence located
on the property. Following discussion between the Board and Mr. Ogle, it was determined that
the Resolution from the Planning Commission incorrectly stated unanimous approval, and the
minutes accurately indicated Commissioner Holton was in opposition to this application.
Don Carroll, Department of Public Works, stated County Road 6 borders the north end of the
Townsite of Wattenburg, and the traffic count on the road is approximately 1,891 vehicles per
day, with sixteen percent of the traffic being trucks. He indicated there are gravel pits located to
the east of the Townsite of Wattenburg, and the posted speed limit within the area is 35 miles
per hour. He confirmed Grace Avenue was previously upgraded to a local paved road, for use
by the residents, and the on -site parking area on the property consists of recycled asphalt. He
indicated the property is located within a flood zone, and Flood Hazard Development
Permit #544 has been approved for the property. He confirmed the parking of all vehicles will
be on the site, therefore, there is no staging allowed on adjacent roads. Responding to Chair
Garcia, Mr. Carroll confirmed the traffic count for County Road 6, which is the closest County
Road utilized by the applicant, is approximately 1,891 vehicles per day. He further stated the
applicant has indicated twelve employees will access the site on a daily basis to pick up the
necessary tools and equipment; however, he is unsure of how many truck trips to/from the site
will occur on a daily basis. Commissioner Rademacher expressed his concerns regarding
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damage to the roads within the Townsite of Wattenburg, and he questioned whether there are
load limits for the roads. In response, Mr. Carroll indicated there are no weight limits posted on
the roads, and the composition of the roads is most likely adequate to handle the proposed
traffic to/from the site. Commissioner Kirkmeyer indicated many of the community residents
have been requesting that load limits be posted for the roads, and she clarified that when the
roads were constructed in 1995, they will built to comply with residential standards. She further
clarified the roads only contain base materials and a two-inch overlay of pavement.
Commissioner Rademacher expressed his concerns regarding potential damage to waterlines
or other utility lines underneath the roads. In response to Chair Garcia, Mr. Carroll confirmed
the only access to the site is on Grace Avenue, and upon his inspection, it appears that the
traffic from the site travels north to County Road 6.
Clay Kimmi, Department of Public Works, stated the site lies within the 100 -year floodplain, and
directly east of the site is a designated floodway. He confirmed the existing building was
constructed in the year 1910, therefore, it is considered to be a pre -FIRM structure until it is
remodeled with substantial improvements. He indicated the data for the area confirms the base
flood elevation is 4,938 feet, and the ground surface of the property is approximately 4,935 feet,
therefore, in a 100 -year flood event, the property will be inundated with three feet of water. He
reiterated the applicant has received conditional approval of Flood Hazard Development
Permit #544, for the storage and parking of vehicles; however, the applicant is not allowed to
store any floatable materials outdoors, such as concrete forms and blankets. He clarified
hazardous materials may not be stored on the site, including fuel. Responding to Chair Garcia,
Mr. Kimmi confirmed there is not any proposed remodeling to the building through this USR
permit, therefore, the building will remain classified as a pre -FIRM structure. Further responding
to Chair Garcia, Mr. Carroll clarified the Resolution does not require the applicant to complete
an agreement concerning a proportional share of costs for improvements to utilized roads.
Lauren Light, Department of Public Health and Environment, confirmed water is provided to the
site by the Wattenburg Improvement Association, and an existing septic system, installed in
1979, is sized for use by thirteen (13) people. She indicated the applicant has confirmed the
number of employees on the site will be limited to thirteen, therefore, Development
Standard #22 requires modification to reflect thirteen (13), in the place of fourteen (14). She
further indicated a Dust Abatement Plan is required for areas which are paved, as well as a
Waste Handling Plan. She indicated no discharges are allowed on the site, as referenced within
Development Standard #8. In response to Chair Garcia, Ms. Light confirmed the noise levels on
the site will be restricted to the allowable levels of the Commercial Zone District, which is
comparable to the Residential Zone District.
Mr. Zapien stated he owns two properties in the area, one of which is vacant land, and the other
contains the warehouse which is utilized for storage of equipment. He clarified the employees
of the business travel to the site in the mornings, park their personal vehicles, and exit the site in
the company vehicles. He confirmed there are no construction activities completed on the site.
In response to Chair Garcia, Mr. Zapien indicated several dump trucks are stored at the site,
which are driven by employees to jobsites, as well as trucks which haul skid steers on trailers.
He confirmed the trucks do not weigh anymore than a basic trash truck. Further responding to
Chair Garcia, Mr. Zapien indicated approximately five to ten trucks will exit the site on a weekly
basis, during the busy season; however, right now, business has slowed due to the economy.
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He further indicated the trucks are empty when they leave, and return to, the site, and no loaded
trucks are stored on the site. In response to Commissioner Rademacher, Mr. Zapien confirmed
concrete materials are not stored at the site, and the skid steers stored at the site range in size
from 6,800 to 14,000 pounds. Further responding to Commissioner Rademacher, Mr. Zapien
confirmed no tractor -trailers will travel to or from the site.
Thomas Castaneda, surrounding property owner, confirmed the applicant is currently driving
tractor -trailers to and from the site, and he expressed his concerns regarding the vehicles
potentially damaging the local roads. He confirmed the roads contain very little road base, and
only one to two inches of blacktop, which is very thin. He indicated he has complained several
times that the roads need to be repaired; however, the roads have only had cracks filled. He
confirmed the road base is not sufficient for any heavy trucks, and the water lines within the
roads have previously been broken by heavy trucks traveling in the area. He stated the
entrance to the site is currently on Grace Avenue; however, Grace Avenue was never intended
to be a heavily utilized road, since the road is very narrow and large trucks cannot make the
tight turn. He clarified when large trucks are brought back to the site, the applicant utilizes Mary
Avenue, since the turn into the entrance of the site is too narrow. He confirmed trucks from the
company have hit a neighboring fence several times, and the curve near the entrance of the site
creates a dangerous blind spot, especially since there are numerous children playing within the
immediate area. He indicated many of the area residents have complained about the use of the
roads by heavy trucks for several years, and his neighbors are pleased that several trucks were
recently removed from the area; however, some residents in the area believe they should be
able to bring in, and park, their tractor -trailers within the Townsite. He expressed his concerns
about the potential contradictory inferred message which will be sent to other residents if this
application is approved, after the Board recently denied permits for other properties. He further
expressed his concerns regarding the condition of the roads, and stated he is opposed to large
trucks from any company utilizing the roads.
Tommy DeHerrera, surrounding property owner, submitted exhibits for the record, including a
petition of opposition and various photographs. He stated this company is not the only company
utilizing large trucks within the immediate area, and the Townsite of Wattenburg has been
overrun with trucks. He expressed his concerns regarding the proximity of the site to the
church, and the lack of sidewalks for children to travel on, as well as the vehicle accidents which
occur at the blind corner, which is adjacent to his daughter's house. He further expressed
concerns regarding noise at the site, indicating he lives approximately 600 feet from the site,
and he hears pounding noises very clearly. He indicated trucks traveling through the Townsite
need to be stopped, in order to ensure the safety of children and the residents of the Townsite in
general. Chair Garcia indicated if surrounding property owners believe the noise level from the
site is louder than the levels allowed, they should make record of the incident and contact staff
from the Department of Public Health and Environment so that the noise level may be correctly
measured. In response to Commissioner Kirkmeyer, Mr. DeHerrera indicated the school bus
does travel down Mary Avenue; however, he is unsure of the exact bus route. Responding to
Commissioner Conway, Mr. DeHerrera reiterated his major concern is for the safety of the
children, due to the excessive amount of trucks which are also currently utilizing the roads. He
further confirmed he is opposed to the applicant utilizing the roads within the Townsite to gain
access to his site with large trucks and pieces of equipment.
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Ramona Mecillas, surrounding property owner, expressed her concerns regarding the safety of
the children within her community. She confirmed the small community is celebrating its 100th
Anniversary this year, and there are many small children in the community playing in yards and
learning to ride bikes in the streets. She confirmed she is a lifelong resident, and the community
has not had issues with large trucks traveling through the area until the past few years;
however, the roads cannot support commercial truck traffic, and the character of the community
does not support commercial activity. She confirmed the large trucks will break the water lines
underneath the roads, and the residents will have to provide money out of their own pockets to
fix the roads and waterlines. She expressed her concerns regarding the potential for children to
be injured by the large trucks, and she confirmed the safety of the children should be the first
priority. Ms. Mecillas indicated many residents park their personal vehicles along the sides of
the roads, and due to the narrowness of the roads, it is sometimes difficult for more than one car
to navigate the road at one time. She confirmed the tractor -trailers utilized by the applicant are
too large to navigate Grace Avenue, therefore, the trucks are traveling over to Mary Avenue. In
response to Chair Garcia, Ms. Mecillas reiterated the heavy truck traffic in the area has only
presented a problem within recent years, and when the site was previously used as a pickle
dock, there were no paved roads in the Townsite. She confirmed the previous insulation
company did not utilize or store any big vehicles or equipment at the site, rather, the building
was only utilized as an office building. She further confirmed the residences are all in close
proximity, and many children travel back and forth to the community building and church.
Responding to Commissioner Kirkmeyer, Ms. Mecillas confirmed some residents within the
community worked at the pickle dock during its existence; however, the pickle dock did not
employ a large number of employees.
Richard Hernandez, surrounding property owner, stated his residence is two doors down from
the applicant's building, and he submitted a petition of opposition, marked Exhibit I, and
photographs, marked Exhibit J. He confirmed the applicant has been bringing semi
tractor -trailers to the site, and he has tried to talk with the applicant on a previous occasion
when a fence was knocked over by an employee. He clarified he was not able to obtain an
adequate response from the applicant regarding his concerns, and he resorted to calling the
Sheriff's Office for resolution of the matter. He confirmed the insurance company did pay the
cost to reconstruct the fence. He indicated he believes the applicant is dumping oil on the site,
which they have finally begun to clean up; however, the Sheriff's Office is not able to
consistently provide follow up for the complaints provided against the application.
Mr. Hernandez indicated when the site was utilized as a pickle dock, almost all of the
employees walked to work, therefore, traffic and parking were never an issue at the site. He
confirmed many of his family members live within the surrounding area, and they all agree that
the drivers employed by the applicant's company do not seem to have any respect for the
neighbors. Commissioner Conway clarified the photographs submitted by Mr. Hernandez depict
a tractor -trailer turning into the facility, and show evidence of the fence which was previously
knocked over on his brother's property. Responding to Commissioner Kirkmeyer,
Mr. Hernandez indicated he lives on Grace Avenue, and on a typical day, approximately four or
five semi -trucks pass in front of his house. He further indicated the trucks are typically hauling
Bobcat equipment to and from the site, and do not obey speed limits within the area. He
confirmed if vehicles are parked on the road, during an event at the church or community
center, the road is too narrow for more than one passenger vehicle to travel through and the big
trucks are not able to pass through, therefore, the dump trucks travel over to Caroline Avenue.
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In response to Commissioner Conway, Mr. Hernandez confirmed the photographs submitted
were taken in the afternoon hours, approximately between 3:00 and 3:30 p.m. He clarified the
school bus drops children off around 3:00 p.m. on school days, and in response to
Commissioner Kirkmeyer's previous question, he indicated the school bus route on the map
provided.
Tina Hernandez, surrounding property owner, indicated she concurs with the testimony provided
by other surrounding property owners. She stated she lives on Grace Avenue, and the drivers
employed by the applicant do not have any respect for the neighbors, and drive wildly in their
personal vehicles when coming to, and leaving from, the site.
Gricelda Muna, surrounding property owner, indicated she lives directly across from the facility
on Grace Avenue, and she indicated she concurs with the statements previously presented.
She confirmed her cousin's fence has been knocked down at least three times, the applicant's
trucks have also knocked over mailboxes, and on occasion, employees have come to the site
during very early morning hours, or during late night hours. She further confirmed the
employees drive dangerously in their personal vehicles, and on several occasions residents
have tried to talk to the employees, to request that they obey the speed limits; however, the
employees do not have any regard for the neighbors and have ignored the requests. In
response to Chair Garcia, Ms. Muna confirmed she has heard employees come back to the site
at approximately 2:00 a.m., and she was able to visibly see employees at the site through her
bedroom window.
Mr. DeHerrera clarified he also has previously heard pounding noises coming from the site as
early as 5:00 a.m. He confirmed Bethany Salzman, Zoning Compliance Officer, has convinced
the applicant to currently cease truck hauling at the site; however, if this application is approved,
the truck traffic problem will become even worse. He indicated he has photographs depicting
the amount of trucks all around the Townsite, and in response, Chair Garcia confirmed the
Board will only collect evidence specific to the applicant and his business operations.
Mr. Castaneda clarified the building has had several different owners since the pickle dock was
closed, and each owner has remodeled the building in small increments, therefore, the inside of
the building has actually been remodeled substantially over time. He confirmed the building is
considered to be lower than ground level, and when heavy rains occur in the area, flooding
problems occur on the property and within the building, including one previous instance of
standing water more than three (3) feet within the building. There being no further discussion,
the Chair closed the public input portion of the hearing.
Mr. Zapien indicated he appreciates the concerns presented for the safety of the children within
the area, and he clarified the vehicles associated with his business only travel a total of
one -tenth of a mile on the roads within the Townsite of Watternburg before reaching County
Road 6. He confirmed the employees are scheduled to work from 8:00 a.m., to 4:00 p.m., and
he reiterated that the trash trucks which travel on the roads are heavier than the trucks he
operates. He further confirmed most of the noise comes from the personal vehicles in the area
which have loud stereos, which is more of a distraction than the noise of a truck coming to, or
leaving from, the site. In response to Commissioner Conway, Mr. Zapien indicated he has not
previously seen the picture depicting a truck knocking over the surrounding property owner's
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fence. He confirmed he is aware of one instance of a truck hitting the fence within the past eight
years, and the insurance company covered the cost to replace the fence. (Clerk's Note:
Commissioner Conway provided the photographs to Mr. Zapien for his review) Upon reviewing
the photographs, and in response to Commissioner Conway, Mr. Zapien confirmed the truck
depicted in the photograph is a truck operated by his company, and it appears the incident
happened approximately three years ago. He clarified the street is wide enough for the trucks
to make the appropriate turns to access the site; however, accidents do happen on occasion.
Chair Garcia indicated he previously questioned if any off -site improvements were
recommended to be completed, and the Department of Public Works indicated no
improvements were discussed or recommended. In response to Chair Garcia, Mr. Zapien
indicated he does not have a recommendation of what improvements could be completed which
would improve the conditions of the roads utilized by his company's equipment since he is not
aware of the construction materials of the road base. Further responding to Chair Garcia,
Mr. Zapien indicated an alternative access could be implemented on the road platted as Ruth
Place, which dead ends into the site; however, the necessary right-of-way for the road has
never been established. In response to Commissioner Rademacher, Mr. Zapien indicated a
gate could be installed along the east side of the property for additional access onto Ruth Place,
if the road is properly established. Commissioner Rademacher confirmed he believes an
alternative access is the most logical way to gain access to County Road 6; however, he
realizes the road is most likely a private drive, therefore, the applicant would be required to
come to an agreement with the owners of the road. Mr. Zapien indicated, when he purchased
the property, he was only aware of an available access to the site on Grace Avenue. In
response to Chair Garcia, Mr. Ogle confirmed an alternative access to the site was not
discussed between the applicant and the Department of Planning Services, and was not
brought up by the Planning Commission.
Commissioner Kirkmeyer indicated there is a large amount of truck traffic on County Road 6,
and there are many accesses on County Road 6, therefore, the speed limit on County Road 6 in
this area is only 35 miles per hour. She confirmed she considers this section of road to be
dangerous, and the area experiences a high probability for accidents to happen, due partly to
the fog created by the South Platte River. She indicated adding an additional access on County
Road 6, through the development of Ruth Place, will create additional traffic concerns in the
area, and is not a valid solution worth considering. Mr. Carroll clarified staff has recently spoken
with representatives of the gravel companies within the surrounding area, and ideas regarding
the creation of a truck bypass route, to help alleviate the large volume of truck traffic, are being
discussed. In response to Commissioner Rademacher, Mr. Carroll indicated the proposed
creation of the bypass route will create an additional access on County Road 6, west of the
Townsite of Wattenburg. Commissioner Kirkmeyer indicated the Department needs to focus on
keeping truck traffic outside of the Townsite of Wattenburg. Mr. Carroll confirmed several sight
distance factors affect the alignment of accesses on County Road 6.
Commissioner Rademacher stated the letter provided by the Colorado Division of Water
Resources (CDWR) appears to indicate that there are not enough water rights available to the
applicant to satisfy the necessary requirements. Mr. Ogle clarified the applicant receives water
service from the Wattenburg Improvements Association, and it appears the Association has
concerns with the possible lack of water available to serve the site. Mr. Kimmi clarified he is
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familiar with the text of the letter provided by the CDWR, as he was formerly employed with the
Division, and he clarified the letter is indicating that not enough information regarding the water
supply was provided to complete an adequate review of this USR application. Responding to
Commissioners Rademacher and Kirkmeyer, Mr. Kimmi indicated the Division may not have
known how the water system is set up, or the source of water the properties within the
Association receive. Commissioner Kirkmeyer indicated she is not sure if the water supply is
from a well; however, several years ago a grant was received from the State in order to provide
treatment measures to the water.
At the request of Chair Garcia, Mr. Castaneda came forward and confirmed the source of the
water provided by the Association is from a well, and water shares have been purchased to
provide adequate augmentation in winter months. He confirmed the well is almost maxed out,
and the Association does not have an adequately -sized storage tank for the water.
Mr. Ogle clarified the letter provided by Mike Garcia, the Treasurer of the Wattenburg
Improvement Association, was reviewed by staff to indicate adequacy of water service for the
site. In response to Commissioner Conway, Mr. Ogle confirmed many of the concerns
presented today were not presented at the Planning Commission hearing. Commissioner
Kirkmeyer clarified many of the residents previously indicated they were not able to attend two
separate meetings, due to work schedules, and many of the residents signed the petition of
opposition, which was presented to the Planning Commission. Further responding to
Commissioner Rademacher, Mr. Ogle confirmed the Planning Commission reviewed a letter of
concern and the petition of opposition, with 24 signatures, indicating concerns as well.
In response to Chair Garcia, the Board concurred with the modification of Development
Standard #22 to reflect thirteen (13) employees, in the place of fourteen (14). Commissioner
Rademacher requested the addition of the words "the use of' to the beginning of Development
Standard #29, to state, "The use of engine brake mufflers are required for all vehicles
associated with this facility." Mr. Zapien confirmed all of the trucks utilized by the company
already have, and utilize, the mufflers. The Board concurred with the modification of
Development Standard #29, as described. Responding to Chair Garcia, Mr. Zapien indicated
he has reviewed, and concurs with, the Conditions of Approval and Development Standards, as
modified.
Commissioner Rademacher indicated he is very concerned about the issues presented by the
area residents, and he believes a maintenance agreement for the roads should be required of
the applicant. He confirmed the County has been actively trying to keep commercial truck traffic
out of the Townsite of Wattenburg within previous years, he believes there are too many safety
issues left unaddressed through this application, and the appropriate infrastructure for this
business is not in place. He further confirmed tractor -trailers can weight up to 80,000 pounds,
which is too heavy for these local roads. He clarified an alternative access along the eastern
boundary of the site is preferable, and he expressed his concerns that an alternate access and
a maintenance agreement were not proposed by staff.
Commissioner Conway indicated he is concerned about the issues presented by the residents,
especially concerning broken water lines and the excessive deterioration of the roads caused by
the heavy equipment. He confirmed the County has been working to try and reduce the impacts
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of truck traffic within the Townsite of Wattenburg, and expressed his concerns regarding the
photographs presented which depict the inadequate size of the site access. He indicated he
understands that the fence being knocked over may have been an isolated incident; however,
large trucks will continue to create nuisance conditions at the entrance of the site, due to the
large size of the trucks. He confirmed he is ultimately concerned about the safety of the
children within the area, and he would be absolutely horrified if an accident were to occur within
the Townsite of Wattenburg and a child was seriously injured. He stated he does not support
the application, and he expressed his appreciation to the area residents for coming to the
hearing today to provide testimony.
Chair Garcia expressed his appreciation to all members of the audience for their participation,
including the applicant. He confirmed there appears to be a history of property owners within
the Townsite of Watternburg who have not abided by the rules and regulations set forth in the
Weld County Code; however, he appreciates that the applicant made the effort to comply with
the proper regulations by submitting the appropriate USR application. He indicated he is
pleased that many residents were able to share testimony at today's hearing, especially since a
large portion of the testimony was not presented to the Planning Commission. Chair Garcia
stated he understands that the current economic times are difficult for small business owners,
as evidenced throughout the Country, and he confirmed the Board takes its decision very
seriously. He indicated the Board must consider the impacts to be experienced by the
surrounding property owners, and the Board wants the Townsite of Wattenburg to remain a safe
community. He further indicated he is also concerned that a maintenance agreement was not
considered by staff, since the large trucks may damage these local roads which were not
constructed to handle heavy loads. He confirmed he understands the area is primarily
residential, and he would be pleased if an adequate proposal could bring in a small business to
the area; however, the application must address the needs of the community, and this
application is deficient in doing so. He confirmed he does not support approval of the
application.
Commissioner Rademacher confirmed he strives to support small business ventures, as it is
critical to provide jobs within a community. He indicated this application did not adequately
address and mitigate the concerns presented by the community, which has created a
compatibility issue, and he does not support approval of the application.
Commissioner Kirkmeyer moved to deny the request of Zapien Bros. Concrete, Inc., for a Site
Specific Development Plan and Use by Special Review Permit #1684 for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (parking and storage for a concrete company) in the A (Agricultural) Zone District,
based on the findings as previously discussed, specifically that the application is not in
compliance with Sections 23-2-230.6.1, 23-2-230.B.3, 23-2-230.6.4, and 23-2-230.6.7, of the
Weld County Code. The motion was seconded by Commissioner Conway. Responding to
Commissioner Conway, Mr. Barker indicated the applicant may be able to re -apply for a USR
permit if he is able to demonstrate an element of substantial change, which is determined by the
Board. There being no further discussion, the motion carried unanimously, and the hearing was
completed at 11:50 a.m.
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This Certification was approved on the 22nd day of June, 2009.
Weld County Clerk to the B
ju
Deputy Clerk�to the Board
David E. Long
BOARD OF CQOUNTY COMMISSIONERS
WELD C Y, COLORADO
ougl-: Radem`gcher, Pro-Tem
Conway_ �— Sean P. ay
FXCUSED DATE OF APPROVAL
Barbara Kirkmeyer
FXCUSFr)
2009-1381
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1684 — Zapien Bros. Concrete, Inc.
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Summary of Hearing (Minutes dated May 5, and June 2,
C. Planning Commission 2009)
Memo re: Applicant's request for continuance, dated
D. Planning Staff May 20, 2009
Petition of Opposition and Letter of Concern from
E. Tom DeHerrera Vazquez/Adame, both dated June 15, 2009
F. Frank Hernandez Letter of Concern (not dated)
Tom DeHerrera Five photographs
H. Tom DeHerrera Seven photographs
I. Richard Hernandez Petition of Opposition
J. Richard Hernandez Two photographs
K. Elvira Benavidez Letter of Concern (not dated)
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