HomeMy WebLinkAbout20082792.tiff HEARING CERTIFICATION
DOCKET NO. 2008-68
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1668
FOR A USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS(ASSEMBLE WALL COMPONENTS
FOR LAUNDROMATS AND A SECONDARY RESIDENCE) IN THE A(AGRICULTURAL)
ZONE DISTRICT - JOSEPH AND BONNIE RUTLEDGE, C/O PETE AND HEATHER
VALCONESI
A public hearing was conducted on October 29, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated September 12, 2008, and duly published
September 19, 2008, in the Greeley Tribune, a public hearing was conducted to consider the
request of Joseph and Bonnie Rutledge, do Pete and Heather Valconesi, for a Site Specific
Development Plan and Use by Special Review Permit#1668 for a Use Permitted as a Use by Right
or Accessory Use in the Commercial or Industrial Zone Districts (assemble wall components for
laundromats and a secondary residence) in the A (Agricultural) Zone District. Cyndy Giauque,
Assistant County Attorney, made this a matter of record. Chair Jerke advised the applicant, Pete
Valconesi, 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 Masden will review the record and make the determining
vote. Mr. Valconesi 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
clarified Highmark Manufacturing, Inc., assembles wall components and related furniture for
laundromats, and a second single-family residence is requested on the proposed property. He
stated the property is located south of County Road 46, and approximately three-quarters of a mile
east of Interstate 25, and is within the three-mile referral area for the Towns of Berthoud and
Johnstown, and Larimer County. He stated the referral from the Town of Berthoud, dated
September 9, 2008, indicated Berthoud's Comprehensive Plan labels the area as low-density
residential; however, the Town has no objections to the proposal. He further stated the referral
from Larimer County, dated September 10, 2008, indicated no conflicts, and the Town of
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Johnstown did not return a referral response. Mr. Ogle indicated the hours of operation are
8:00 a.m., to 4:30 p.m., Monday through Saturday, with occasional periods of 24-hour operation.
He stated the site will not contain more than six employees, and the structure will be designed to
resemble a horse barn, including stucco siding, rock wainscoting, and large wood pillars. He
clarified the second residence will be constructed as a part of the second story of this structure,
water is provided to the site by the Little Thompson Water District, a septic system will handle the
effluent flow, and shielded lights will be installed over the doorways. He indicated the surrounding
properties are primarily agricultural in nature, with several residences, and the municipal limits for
the Town of Berthoud are directly southwest of the site,which have been approved for a residential
subdivision; however, no development has occurred and the property continues to be farmed. He
clarified the location of the building will have little effect on surrounding properties, since the
building will sit considerably lower in elevation than the surrounding properties. He indicated
fourteen referral agencies reviewed the application, and eleven provided comments which have
been addressed through the Conditions of Approval and Development Standards. He stated three
surrounding property owners have provided letters of objection, citing incompatibility and quality
of life concerns regarding traffic, noise, dirt and dust, potential for additional crime, and the
unfairness of allowing a commercial business within a residential area. He further stated concerns
regarding decreased water flow and low water pressure were also expressed by a surrounding
property owner, and he displayed photographs of the site and the surrounding area. In response
to Commissioner Rademacher, Mr. Ogle confirmed the light blue colored portions on the provided
map indicate the municipal limits for the Town of Berthoud.
David Snyder, Department of Public Works, stated the site is located on County Road 46, which
is classified as a collector status road, requiring the dedication of an additional 20 feet of
right-of-way. He clarified the applicant will utilize the existing access, and the Department is
requiring an adequate turning radius for large weekly delivery trucks. He stated the applicant will
be required to install a water quality pond, and the Department has no outstanding concerns with
the application. He indicated the most recent traffic counts indicate an average daily traffic count
of approximately 113 vehicles, the proposed use will create a minimal impact on traffic, and the low
count confirms that dust abatement measures are not required. Responding to Chair Jerke,
Mr. Snyder confirmed all of the roads surrounding the site are gravel roads, and the business only
expects one delivery per week.
Lauren Light, Department of Public Health and Environment, stated the Little Thompson Water
District will provide water to the site, and has provided a Will Serve letter for the residential uses
on the site; however, the Department is requiring additional documentation be provided indicating
the water service is adequate for the business use on the site. She indicated a septic system will
be installed for the shop building, and the septic permit is required to be approved by the Board of
Public Health. She further indicated the applicant will be required to provide a Dust Abatement
Plan for on-site dust, as well as a Waste Handling Plan, and the State may have additional
permitting requirements for wood cutting, therefore, the applicant will need to contact the State
regarding the issuance of an Air Pollution Emissions Notice(APEN). She clarified noise on the site
shall be restricted to 55 decibels, which is equivalent to the residential requirements, and the
Department has no outstanding concerns with the application. In response to Commissioner
Rademacher, Ms. Light confirmed the Dust Abatement Plan will address the dust on the site
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created by incoming vehicles, and will include watering of the access drive and requesting traffic
to drive slow on the site.
Sheri Lockman, Lockman Land Consulting, LLC, represented the applicant and presented a brief
overview of the business proposed on the site. She stated Highmark Manufacturing, the business
operated by the applicant, is currently located within the Town of Johnstown, and explained
electrical panels for units within laundromats are constructed off-site, and then the necessary
components are assembled on the site. She stated the business will employ a maximum of six
people, and the building will be constructed to resemble an attractive horse barn. She indicated
the surrounding properties are agricultural in nature, and confirmed the Town of Berthoud has
annexed the property directly southwest of the site; however, no residential construction within the
subdivision has occurred, and the site is currently being farmed. She clarified the Towns of
Johnstown and Berthoud did not have any interest in annexing the property. She indicated the
location of the proposed building was given careful consideration, and the proposed location was
chosen because it provides the least amount of impact on surrounding property owners, and she
clarified the site contains a drop in elevation of approximately 30 feet, which will naturally help to
the screen the building. She indicated three letters of concern were received by staff, and she
clarified the business will only utilize the access point on County Road 46, therefore, the access
road, holding pond, and ditch for a surrounding property owner will not be affected. She further
clarified the business does not produce any noise which may be heard off the site, there is no
associated smell, and the lights on the building, above each door, will be shielded to prevent
nuisances. She stated the business will create minimal traffic counts, and confirmed deliveries will
occur on a weekly basis from a UPS style delivery truck. She indicated Mr. Valconesi will submit
a Dust Abatement Plan, if dust control measures are deemed necessary, and she does not believe
there will be any problems with water pressure on the site, since the Little Thompson Water District
has agreed to provide water service to the site. She clarified the largest use of the water will be
at the primary residence, which is a Use by Right; however, the applicant is happy to meet any
requirements of the Water District.
Ms. Lockman summarized additional concerns presented within the letters submitted to staff, and
confirmed the applicant wishes to maintain the value and quality of the residential property,
especially since they will be living on the site. She displayed photographs of the site, and indicated
the distance from the access road to surrounding residences. She indicated the future single family
residence to be constructed on the site will also help screen the building from surrounding
properties, and the applicant has proposed to install additional trees along the south side of the
property to meet the additional screening requirements of staff; however,the applicant believes the
screening is adequate on the other three sides of the property. She stated the applicant is
requesting to construct an apartment within the building containing the business activities, to be
utilized as a residence by the applicant until the single family residence is completed on the site.
She further stated the apartment will be utilized in the future as housing for the applicant's mother,
who will move to the site when her health reaches a point where she requires additional care. She
confirmed the applicant would have rather completed the Recorded Exemption process to create
two separate lots for the residences; however, the property is not eligible for additional division.
She stated the applicant also has the option of placing a mobile home on the property to be utilized
as housing; however, the applicant does not desire to utilize a mobile home. She confirmed the
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apartment residence will not be utilized as a rental. Ms. Lockman indicated the applicant originally
requested hours of operation to be 24 hours per day; however, the hours of operation have been
limited to the hours of which the business is currently operating, 8:00 a.m., to 4:30 p.m., with only
occasional periods of 24-hour operation. She clarified the current hours do not allow for any of the
employees to utilize time for a lunch hour, therefore, the applicant is requesting to have the hours
extended from 7:00 a.m., to 5:30 p.m.
In response to Commissioner Garcia, Mr. Valconesi stated the business is currently located at a
temporary site within the City of Loveland, and he confirmed he is searching for a permanent
property to conduct the same activities. He further confirmed the business will not be expanded,
rather, the new location will be the permanent and final location for the business. Responding to
Commissioner Rademacher, Mr.Valconesi stated he is working with the Johnstown Fire Protection
District in order to develop a plan for utilization of water for fire protection. He indicated the current
proposal is for water retention on the site to be available to the District in order to be able to refill
a truck. Further responding to Commissioner Rademacher, Mr. Valconesi reiterated no water is
used within the manufacturing process. In response to Chair Jerke, Mr. Valconesi clarified the
assembly of the units through his business takes the place of certain necessary construction
components within a landromat business. He explained the center islands of machines within
laundromats require configuration of the power lines and water lines so that the machines may be
utilized. He further explained the contractor has the option of purchasing a pre-fabricated unit, or,
completing the necessary construction within the laundromat itself; however, the pre-fabricated
units are able to be purchased, financed within the cost of a loan, and further depreciated within
the accounting process.
In response to Commissioner Rademacher, Mr. Valconesi confirmed that none of the
manufacturing takes place outside of the building, which is approximately 12,000-square-feet in
size. Chair Jerke indicated the industry could change dramatically within upcoming years, and he
requested Mr. Valconesi to address the exit strategy of the business. In response, Mr. Valconesi
indicated the building will be constructed to look similar to a horse barn, and could be utilized as
a horse barn in the future, if necessary. Chair Jerke advised the applicant that approval of this
permit allows only for the uses described within the title of the Resolution,and if the uses within the
building were to be modified, the applicant would have to apply for an amendment to the permit.
In response to Chair Jerke, Heather Valconesi, applicant, confirmed the business began as a side
business within the garage of their previous residence, and has significantly prospered within the
past six years. She confirmed it has been a great family business, and she does not believe
business will slow down any time soon. Further responding to Chair Jerke, Mr. Valconesi
confirmed the business is very specialized, and there are only two other competitors nationwide;
however, the clientele continues to grow rapidly. Chair Jerke indicated the Board maintains the
charge to consider the future of unique business uses within rural areas.
No public testimony was offered concerning this matter.
Commissioner Rademacher indicated he would like to further discuss the screening requirements
on the site and the need for a detention pond. In response to Chair Jerke, Mr. Ogle clarified
screening requirements are contained within Condition of Approval#1.L. Ms. Lockman confirmed
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the applicant agrees additional screening is necessary to help block the view from the Michaels'
residence. Responding to Commissioner Rademacher, Mr. Snyder indicated due to the size of the
proposed building and the gravel drive on the site, the applicant will be required to provide water
retention on the site. He clarified the applicant will not be required to construct an actual pond,
rather,the applicant may utilize a berm or other method to ensure the flows on the site are released
at normal levels. Commissioner Rademacher indicated he prefers for the words "proposed pond
and channel' to not be included within Condition of Approval #1.K. Mr. Snyder suggested
substitution of the words "proposed water quality feature," and the Board concurred. In response
to Chair Jerke, Ms. Lockman reiterated the applicant would like the hours of operation within
Development Standard#22 to be modified to 7:00 a.m., to 5:30 p.m., and the Board concurred with
the modification. Further responding to Chair Jerke, Ms. Lockman indicated she, and the
applicants have reviewed, and concur with, the Conditions of Approval and Development
Standards, as modified.
Commissioner Rademacher indicated he has reviewed the referral responses provided by
surrounding municipalities, and he confirmed neither of the Towns had any concerns with the
proposed uses. He further indicated he realizes the property to the southwest will eventually
become a residential subdivision; however, it may be many years until that happens. He stated the
additional screening will mitigate the visual impact, and the business will create a very low volume
of additional traffic, therefore, he supports the application.
Commissioner Garcia moved to approve the request of Joseph and Bonnie Rutledge, do Pete and
Heather Valconesi,for a Site Specific Development Plan and Use by Special Review Permit#1668
for a Use Permitted as a Use by Right or Accessory Use in the Commercial or Industrial Zone
Districts (assemble wall components for laundromats and a secondary residence) in the
A(Agricultural)Zone District,based on the recommendations of the Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. His motion included the modification of Condition of Approval#1.K to state, "The applicant
shall provide all drainage/storm water calculations for the proposed water quality feature, as the
mentioned Drainage Report was not included in the application materials."; and the modification
of Development Standard#22 to state, "The normal hours of operation are 7:00 a.m., to 5:30 p.m.,
Monday through Saturday, with occasional periods of 24-hour operation." The motion was
seconded by Commissioner Rademacher, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:40 a.m.
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This Certification was approved on the 3rd day of November, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
- ,� '41 ' ' l WELD COUNTY, COLORADO
ATTEST: ����Il ': /L,./1 1-11,
r ' illiam H. Jerke, Chair
Weld County Clerk to the B �, �
\ '°�,' � A XCUSED
�` `l,� (/ �� ( Olt '41;171::71 . Robert' D fasden, ro-Tem
BY'.N. , lLG . I _ ---> Cl/
)
Dep y Clercto the Board
W' ' m . Garci
‘, f CC1
David E. Long
C �_
Douglas Rademache
2008-2792
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1668 - JOSEPH AND BONNIE RUTLEDGE, C/O PETE AND HEATHER
VALCONESI
Exhibit Submitted By Exhibit Description
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B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 10/07/2008)
D. Planning Staff Certification and photo of sign posting
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