HomeMy WebLinkAbout20090179.tiffHEARING CERTIFICATION
DOCKET NO. 2009-02.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1667
FORA USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (LANDSCAPING
COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT - MARK BRINKMAN
A public hearing was conducted on February 4, 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
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated December 5, 2008, and duly published
December 12, 2008, in the Greeley Tribune, a public hearing was conducted on January 21, 2009,
to consider the request of Mark Brinkman for a Site Specific Development Plan and Use by Special
Review Permit #1667 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (landscaping company) in the A (Agricultural)
Zone District. At said hearing the Board deemed it advisable to continue the matter to February 4,
2009, at 10:00 a.m., to allow adequate time to publish a corrected notice with the correct legal
description. Pursuant to a corrected notice dated January 19, 2009, and duly published
January 23, 2009, a public hearing was conducted on February 4, 2009, and Bruce Barker, County
Attorney, made this a matter of record. Chair Garcia advised Mark Brinkman, applicant, 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 listen to the record and make the determining vote. In response to
Chair Garcia, Mr. Brinkman indicated he would like to proceed today.
Michelle Martin, Department of Planning Services, presented a brief summary of the proposal and
stated the site is located south of State Highway 392, and one-half mile west of County Road 21,
within the Urban Growth Boundary (UGB) area for the Town of Windsor. She indicated staff
originally recommended denial of the application, based upon Section 23-3-220 of the Weld County
Code; however, at the Planning Commission hearing on January 6, 2009, the decision was
overturned, in accordance with Sections 22-2-80 and 22-2-110 of the Weld County Code. She
stated the Towns of Windsor and Severance have both indicated that the proposed use is not
compatible with the Cooperative Planning Area (CPA) for the Towns, as depicted within the
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Intergovernmental Agreement (IGA) between the Towns. She further stated the Town of Windsor,
in a referral response, indicated the site is located within the Town's Growth Management Area
(GMA), and the proposed use is not compatible with future uses within the area. She indicated the
Town of Windsor depicts the area as Neighborhood and General Commercial, in accordance with
the GMA, and she reiterated the property is located within the Windsor/Severance CPA. She
further indicated the Town of Windsor Zoning Code indicates the use should be classified as heavy
industrial, therefore, the use is not compatible with the future land uses within the surrounding area.
She stated the Town of Severance referral indicates the site is located within the CPA and the
Town recommends denial of the application, since the proposed use does not meet the
requirements of the IGA between the Town of Windsor and Severance. Ms. Martin displayed
photographs of the site and the surrounding area, and confirmed the Colorado Department of
Transportation (CDOT) does not have any concerns regarding the existing access on State
Highway 392. She clarified the site currently contains a residence and outbuildings, and the
applicant does not intend to add any new structures on the site. In response to Commissioner
Rademacher, Ms. Martin confirmed the property is zoned A (Agricultural), and the property is not
currently in violation. Further responding to Commissioner Rademacher, Ms. Martin indicated the
applicant will address the details of the annexation request to the Town of Windsor.
Lauren Light, Department of Public Health and Environment, stated water is provided to the site
from the North Weld County Water District, and the existing tap on the site will be sufficient for the
proposed business operations. She confirmed a septic system has been installed for the
residence, and an engineer's evaluation of the system will be required to ensure the system
contains adequate capacity for the proposed use. She stated the applicant has submitted a Dust
Abatement Plan, which has been approved, and the Commercial Applicator's License has been
submitted. She further stated the applicant has provided a letter indicating no vehicles will be
washed on the site, and a Waste Handling Plan was submitted; however, staff needs more
information. She confirmed the noise on the site will be restricted to levels comparable within
Residential areas, and the Department does not have any outstanding concerns regarding the
application.
Don Dunker, Department of Public Works, reiterated the existing access is located on State
Highway 392, of which CDOT has jurisdiction. He indicated the most recent traffic counts indicated
approximately 8,200 vehicle trips per day, and the proposed use will add an additional 68 vehicle
trips per day. He clarified the 68 vehicle trips includes employee vehicles, and a trip for each of
the fourteen commercial vehicles. He stated the applicant shall modify the access to create a
90 -degree angle, and the access shall be a minimum of twenty feet wide. He further stated a water
quality feature is required to capture runoff from the buildings and parking areas, which will be
placed at the south end of the site, and a small portion of the northeast corner of the property is
located within the 100 -year FEMA floodplain. In response to Chair Garcia, Mr. Dunker confirmed
once the access is modified to create a 90 -degree angle with State Highway 392, it will be suitable
for the traffic entering and exiting the site. He further confirmed the referral response provided by
CDOT indicated that the access did not warrant re-evaluation, and he does not believe the
additional traffic will create a need for construction of an acceleration/deceleration lane. He stated
most of the vehicles entering and exiting the site will be personal employee vehicles, and the
pick-up trucks operated by the landscaping company. Responding to Commissioner Rademacher,
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Mr. Dunker confirmed the applicant will not be required to build a detention pond for water quality
capture, rather, the applicant may utilize a natural berm, and plant trees or grass.
Nate Caldwell, co-owner of Foothills Landscape Maintenance (FLM), indicated FLM has been in
business for over ten years, and the business has been built up organically, not through heavy
advertising. He confirmed the company aims to provide great customer service, with loyalty to its
customers and vendors. He stated the operations are currently based in the City of Fort Collins;
however, the proposed location within the area surrounding the Town of Windsor is beneficial, as
it is a center point for the range of location in which operations are provided. He clarified the
company provides landscaping maintenance for commercial and residential properties, including
mowing and sprinkler repairs, etcetera, and indicated the company does not install landscaping.
He stated up to 40 people are employed during the summer months, with fewer employees in the
winter months, and he estimated that over one million dollars in spending will be brought to the
area through the purchases made by the company for fuel purchases, materials, and equipment,
etcetera. He confirmed a landscaping supply company is located directly across State
Highway 392, from which FLM purchases equipment and other necessary supplies, and he
explained materials will not be stockpiled on the proposed site. Mr. Caldwell indicated he
understands future development is inevitable within the surrounding area; he does not disagree
with the concerns presented by the Towns of Windsor and Severance; and the company views the
purchase of the property as a benefit and future asset. He indicated the company takes pride in
the appearance of the property and the condition of the vehicles and equipment, and he absolutely
does not want to be an eyesore within the surrounding area. He stated several properties within
the area are currently maintained in poor condition, and he confirmed the proposed site is still quite
a distance away from the growth area for the Town of Windsor. He indicated the proposed parking
area is along the southern portion of the property, which is over 400 feet away from State Highway
392, and the parking area will be fully screened with fencing.
He reiterated he understands that the area is primed for future commercial growth; however, he
would like to be able to utilize the property in the current state, without removing or re -building any
structures. Mr. Caldwell indicated he understood the Town of Windsor was requesting, if the
property were to be annexed to the Town, that the existing buildings be torn down and new
buildings be erected, including brick siding, etcetera, in order to meet the vision for upscale
commercial development. He confirmed customers do not come to the site, no revenue is earned
from the property itself, and the property will basically serve as a storage area for the trucks and
equipment overnight. He stated he believes the County has set a precedence within the area with
the approval of the landscape supply company in very close proximity, which was approved through
USR #1497 in June, 2006. He indicated he referred to the case file for USR #1497, at which time
he discovered that the referrals provided by the Towns and other agencies are nearly identical to
the referrals provided for this application. In response to Commissioner Rademacher, Ms. Martin
indicated the applicant's site is within several hundred feet of the municipal boundary for the Town
of Windsor. Further responding to Commissioner Rademacher, Mr. Caldwell indicated he attended
a meeting with representatives from the Town of Windsor, regarding an annexation agreement,
which was denied by the Town. He further indicated Ms. Martin encouraged him to schedule
another meeting with representatives, for further discussion of the matter, and it was made clear
to him by the Town representatives that there would be no compromise on the matter, since the
proposed plans did not meet the Town's vision. In response to Chair Garcia, Mr. Caldwell indicated
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he was willing to work with the Town in order to make minor adjustments; however, the Town was
adamantly opposed to the proposed use.
Diana Aungst, Planner, Town of Windsor, clarified the Planning Commission for the Town of
Windsor reviewed the USR application in August, 2008, and provided a written recommendation
of denial, due to the spirit of the site plan not being in conformance with the IGA for the
Windsor/Severance PCA. She further clarified the development plan would have resulted in the
compromise of the gateway areas for both the Towns of Windsor and Severance, since the design
criteria was not met on the proposed property. In response to Commissioner Kirkmeyer,
Ms. Augnst stated the annexed property nearest to the proposed site is a sewer line, which was
obtained through a recent annexation, currently being subdivided as Falcon Point Subdivision. She
further stated the sewer line is within an annexed road, which provides a second access to the
subdivision, and a portion of State Highway 392 has also been annexed by the Town of Windsor.
Responding to Commissioner Rademacher, Ms. Aungst confirmed the applicant did appear before
the Planning Commission, at which time the members consented on a recommendation of denial.
She further confirmed the applicant also met with Town Planning staff; however, staff does not
have the authority to compromise or negotiate with the applicant, therefore, the applicant would
have been required to present an alternative site plan to the Planning Commission for additional
review, and the applicant opted not to do so.
In response to Commissioner Kirkmeyer, Ms. Aungst indicated she is not familiar with the
placement of the water and sewer lines within the area; however, she indicated the placement of
residential properties which are currently being developed and will be served with these service
lines. Further responding to Commissioner Kirkmeyer, Ms. Aungst indicated she is unsure whether
the pipes have already been constructed; however, she confirmed the Town will be providing water
and sewer service at full buildout. In response to Commissioner Conway, Ms. Aungst confirmed
the Town provides water which is obtained from the North Weld County Water District through an
IGA. Responding to Commissioner Kirkmeyer, Ms. Aungst confirmed the proposed use is defined
as Heavy Industrial due to the type of trucks proposed to be utilized and the outdoor storage of
trucks and equipment. She clarified Limited Industrial uses are defined by the Town as any
industrial use which is completed inside of a building, and General Commercial and Neighborhood
Commercial uses are typically uses which would be found within a retail area. Further responding
to Commissioner Kirkmeyer, Ms. Aungst stated the Town of Windsor intends to develop the
surrounding area as a commercial area, similar to the development of the west side of the Town
of Windsor with shopping districts, along County Road 15. In response to Commissioner
Kirkmeyer, Ms. Aungst confirmed the industrial uses for the Town are planned for the areas east
of the current municipal limits, and south of County Road 66, approximately one-half mile to the
south. Responding to Commissioner Kirkmeyer, Mr. Barker confirmed Weld County does not have
a recognized IGA with the Towns of Windsor or Severance.
Zach Ratkai, Planner, Town of Severance, indicated the proposed site is located within the CPA
for the Town of Windsor. He confirmed the Town of Severance has presented its concerns within
the referral response, and he confirmed the site is located outside of the GMA for the Town of
Severance. There being no further testimony, the Chair closed the public input portion of the
hearing.
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In response to Chair Garcia, Mr. Caldwell indicated he has reviewed the provided referral
comments, and he has been making progress to address the concerns presented. He reiterated
the uses on the site do not fall under the definition of Heavy Industrial uses within the Weld County
Code. In response to Commissioner Rademacher, Mr. Caldwell confirmed all trucks on the site are
single -axle trucks, and the biggest truck is a single -cab Ford F-350. Further responding to
Commissioner Rademacher, Ms. Light indicated, since the residence on the site already contains
a permitted septic system, an engineer will review the septic system in order to determine if the size
of the system is sufficient for use by employees. She stated it appears that the employee use will
minimal; however, if the engineer indicates the system must be expanded, the applicant will be
required to connect to the nearest sanitary line, or, the Town can provide a letter indicating
connection to the line is not possible. Mr. Caldwell clarified he has been advised that the size of
the septic system will most likely be acceptable since the new uses will be less than traditional
residential uses such as showering and laundry, etcetera. In response to Chair Garcia,
Mr. Caldwell indicated he has reviewed, and concurs with, the Conditions of Approval and
Development Standards.
Commissioner Conway moved to approve the request of Mark Brinkman for a Site Specific
Development Plan and Use by Special Review Permit #1667 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(landscaping 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 the finding that the applicant is in compliance with
Sections 23-2-230.B.1 through 23-2-230.B.7, of the Weld County Code. The motion was seconded
by Commissioner Rademacher, and he expressed his appreciation to the Town of Windsor for the
comments provided; however, he disagrees with the Town and he believes the use is compatible
within the surrounding area. He indicated the Town of Windsor had a chance to annex the
property, which was denied, and he believes the site plan has been well thought out.
Commissioner Kirkmeyer concurred with Commissioner Rademacher and indicated she believes
the use is appropriate since there are industrial areas approximately one-half mile to the south of
the site. She stated the uses seem compatible, the Town of Windsor is not currently providing
water or sewer service within the immediate vicinity of the site, and the site is outside of the Town
of Severance GMA. She expressed her appreciation to the representatives who provided
testimony, and Commissioner Conway concurred. Chair Garcia indicated he does not concur with
the Town of Windsor's determination that the outdoor parking of trucks constitutes a Heavy
Industrial use, especially since the parking of trucks is consistent within agricultural operations.
There being no further discussion, the motion carried unanimously, and the hearing was completed
at 11:20 a.m.
2009-0179
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HEARING CERTIFICATION - MARK BRINKMAN (USR #1667)
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This Certification was approved on the 9th day of February, 2009.
APPROVED:
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ATTEST: Lk", 1, `
Weld County Clerk to the Boa
BY:
PO"
De Clerkltd the Board
OARD OF COUNTY COMMISSIONERS
LD CO OLORADO
. Garcia, Chair
Radem-. her, Pro -Tern
P. Conway
arbara Kirkmeyer j
EXCUSED
David E. Long
2009-0179
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1667 - MARK BRINKMAN
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 1/06/2009
and 2/03/2009)
D. Planning Staff Certification and Photo of sign posting
E. Planning Staff PC Certification and photo of sign posting
F. Planning Staff BOCC Certification and photo of sign
posting
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