HomeMy WebLinkAbout20080100.tiff HEARING CERTIFICATION
DOCKET NO. 2008-03
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1546
FOR USES PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (PARKING OF
TRUCKS,TRAILERS, SEMI-TRAILERS, RECREATIONAL VEHICLES,CONSTRUCTION
AND FARM EQUIPMENT; WAREHOUSING AND STORAGE OF EQUIPMENT,
MACHINERY, AND AGRICULTURAL SUPPLIES; MINOR ASSEMBLING; REPAIRING,
MANUFACTURING,AND FABRICATING AGRICULTURAL SUPPLIES AND EQUIPMENT;
AND STORAGE OF MODULAR HOME COMPONENTS) IN THE A (AGRICULTURAL)
ZONE DISTRICT - J AND M PARTNERSHIP, LLC
A public hearing was conducted on January 16, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
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, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 27, 2007, and duly published January 2,
2008, in the Fort Lupton Press, a public hearing was conducted to consider the request of J and
M Partnership, LLC,for a Site Specific Development Plan and Use by Special Review Permit#1546
for uses permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (parking of trucks, trailers, semi-trailers, recreational vehicles,
construction and farm equipment; warehousing and storage of equipment, machinery, and
agricultural supplies; minor assembling; and repairing, manufacturing, and fabricating agricultural
supplies and equipment; all for wholesale or retail for sale or lease to the general public) in the
A (Agricultural) Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of
record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the unfavorable recommendation of the Planning Commission into the record as written.
He stated the site is located east of County Road 39 and north of County Road 66, and he gave
a brief description of the surrounding land uses. He stated ten referral agencies reviewed the case,
and nine responded favorably or provided comments which have been included in the Conditions
of Approval and Development Standards. He further stated no correspondence has been received
from surrounding property owners. Mr. Ogle indicated staff has been working in conjunction with
the applicant, since the Planning Commission hearing in April, 2006, to address the concerns
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expressed at the hearing. He indicated the applicant has proposed changes to the application,
which are described in Exhibit H, with a response from the Department of Planning Services,
marked Exhibit I. In response to Chair Jerke, Mr. Ogle indicated the site contains 160 acres;
however, the Use by Special Review permit boundary encompasses 1.86 acres, within a fenced
enclosure, and he displayed photographs of the site and the surrounding area. Responding to
Commissioner Masden, Mr. Ogle indicated the wholesale and retail uses within the request were
removed due to the concerns of the Planning Commission that a specific use for the site was not
determined. He indicated the applicant's representative met with Planning staff, at which time it
was determined that the sales uses would be removed; however, the storage uses would still be
allowed.
Tom Honn, Director, Department of Planning Services, stated staff understood that the Planning
Commission's concerns were that an unlimited potential of tenants could utilize the site
simultaneously, therefore, several different types of businesses could be operating at the same
site. He stated the Planning Commission also had concerns with the retail sales component of the
application, and the objective of the meeting held with the applicant's representative was to
determine the best use potential, therefore, the site will be limited to a single tenant at one time.
He further stated it was difficult for staff to generate sufficient Development Standards for the retail
activities on the site, and the broad spectrum of the operating standards would make it difficult for
the applicant to manage and lease the site. He indicated the scope of uses was reduced to
address the concerns of the Planning Commission, and the applicant's representative will provide
more information within his presentation.
Pam Smith, Department of Public Health and Environment, stated the property is served by the
North Weld County Water District, and a septic permit, permitted in 1988, for a commercial
structure, serving up to five people. She stated the original application requests up to 40 people
utilizing the site; however, she requested Development Standard #6 be modified to limit the site to
five employees. In response to Commissioner Long, Ms. Smith confirmed the septic system is only
permitted to serve up to five people. She indicated at the time that a total of 40 people at the site
was requested, staff required that the septic system be evaluated for the additional usage;
however, the applicant has agreed to limit the usage of the septic system to what is currently
allowed, therefore, the evaluation is not necessary.
Don Carroll, Department of Public Works, stated the site is located north of the City of Greeley, and
directly north of the Big R facility. He stated County Road 66 is a collector status road, and the
average daily traffic is approximately 250 vehicle trips per day. He indicated both County Roads 66
and 39 are paved, and U.S. Highway 85 may receive a traffic signal within the near future;
however, the signal has not been classified as a high priority. He stated the site contains one main
access, and the site is fenced and gated. He indicated the applicant will be required to indicate the
future and existing rights-of-way on the plat, and in the event a future building is constructed, the
applicant will be required to provide a retention pond for the stormwater drainage on the site.
Mr. Carroll stated the applicant was originally required to provide 40 parking spaces; however, the
reduction of the number of spaces will be discussed, and the applicant will place a Stop sign at the
exit of the facility. In response to Commissioner Rademacher, Mr. Carroll stated the facility
contains only one access to County Road 66, and no other accesses are proposed at this time.
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Bruce Johnson, A. Bruce Johnson and Associates, Ltd., represented the applicant and stated the
USR application was filed to come into compliance with Code Enforcement regulations. He
indicated the applicant desires to continue operations at the site in which the Munson family has
completed for many years, and is committed to retaining a clean and orderly site. He stated the
operations on the site may need additional employees in the future; however, he understands that
due to the septic system restrictions, the permit must be amended to accommodate future
employees or future uses. He further stated the applicant concurs with the placement of the Stop
sign and the requirement of 20 parking spaces, determined to be necessary due to the square
footage of the warehouse. He indicated the applicant does not desire to provide screening with
opaque vinyl fencing, and instead would prefer that the existing chain-link fence surrounding the
site be allowed to remain as is. He stated the site is fully fenced, with trees planted on the west
side of the property, and if the applicant is required to plant shrubbery adjacent to the fence, the
site will experience nuisance problems with blowing weeds. He further stated the applicant is
diligent to keep the perimeter of the site very tidy, and he requested the deletion of Conditions of
Approval #2.1.4 and #2.1.5. Mr. Johnson indicated the fuel tanks on the property have been
removed, and there is no need for fuel tanks on the site, other than the propane tanks which
provide heat for the warehouse facility, which will be indicated on the plat. He stated the applicant
understands that the need for storage of other types of fuel in the future will require an amendment
to the permit.
In response to Chair Jerke, Mr.Johnson stated the current operations at the site include a business
which stores mobile home units, delivered by the manufacturer, until the units are ready to be
delivered to a specific site. He explained the mobile home units do not stay on the site for a long
period of time, and the units are not occupied or utilized while stored at the site. He indicated the
vehicles parked at the site belong to the drivers who transport the units and the various office
workers. He indicated Ed Munson, property co-owner, also occasionally stores trailers or farm
machinery on a temporary basis. He further stated the site provides easy access to
U.S. Highway 85, and does not generate a large amount of daily traffic. Responding to
Commissioner Long, Mr. Johnson stated the mobile home units are not sold from the site, and he
explained all of the units are pre-sold and brought to the site from the factory to be held until the
intended delivery site is ready to receive the unit.
Mr. Munson indicated he does not fully understand the business operations at the site; however,
he does understand that the business works in conjunction with many modular home
manufacturers within the western portion of the United States. He explained the company will
dispatch a semi-tractor to pick up a completed unit from the manufacturer, and bring it back to the
site to be held until the intended site for the unit is completely ready, and then the unit will be
delivered to the intended site. He clarified all units stored at the site are pre-sold, and the company
is not in the business of selling modular homes.
No public testimony was offered concerning this matter.
In response to Chair Jerke, Mr. Ogle indicated the proposed changes to the Resolution are listed
within the memorandum provided by Hannah Hippely, Department of Planning Services, marked
Exhibit I, and clarified the first item listed shall read, "The wholesale and retail sales uses will be
removed from the request." He indicated the site will still be allowed to store wholesale and retail
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components; however, sales from the property will not be allowed. Further responding to Chair
Jerke, Mr. Johnson indicated the applicant concurs with all of the modifications as supported by
staff. Commissioner Long suggested Mr. Ogle provide explanation of each of the bulleted items
listed in the memorandum, in order to provide the necessary modifications to the Conditions of
Approval and Development Standards.
Mr. Ogle requested deletion of the following words from the description of the requested uses
throughout the Resolution, "all for wholesale or retail for sale or lease to the general public," and
the Board concurred with the request. In response to Chair Jerke, Mr. Ogle indicated the proposed
future structure will be removed from the plat map, and there is no necessary modification to the
Resolution for this request. Mr. Ogle indicated the words "and storage of modular home
components"shall be added to the description of the requested uses, in the place of the previously
removed words,throughout the Resolution,and the Board concurred. The Board further concurred
with the modification of Development Standard #6 to state, "As indicated in the application
materials, the number of employees on the site shall not exceed five (5)," and the deletion of
Condition of Approval #1.E.3, since the number of employees has been reduced to the amount
permitted by the septic system. Mr. Ogle requested the first sentence of Condition of
Approval#1.E.5 be modified to state, "In the event an above ground storage tank is located on the
site, the applicant shall...," and the Board concurred with the request. Mr. Ogle requested the
addition of Development Standard #35 to state, "The site shall be leased to a single user. At such
time that the tenant changes, the property owner will supply the Department of Planning Services
with a detailed description of the new use and user." Mr. Ogle further requested the addition of
Development Standard #36 to state, "All activity shall take place within the primary structure. The
smaller wooden outbuildings on the site shall be used only for storage. Items being stored shall
be associated with the tenant of the primary structure or the personal property of the owner" The
Board concurred with the additions of Development Standards #35 and 36. Mr. Ogle requested
the fourth sentence of Condition of Approval #1.1.2 be modified to state, "The plat shall indicate a
minimum of twenty (20) standard-sized parking spaces," a reduction from the currently required
forty(40) parking spaces, and the Board concurred with the request. In response to Chair Jerke,
Mr. Ogle indicated the applicant will be required to provide graphic representation of the outside
storage areas on the recorded plat.
In response to Chair Jerke, Mr. Johnson indicated if the trash dumpster on the site is required to
be screened, he is concerned that the dumpster will not be appropriately utilized. He clarified if the
dumpster is visible, and not hidden behind an enclosure, it is more more likely that the dumpster
will be utilized. Mr. Ogle indicated Condition of Approval #1.1.4 addresses the requirements
regarding the screening on the trash collection areas. In response to Commissioner Rademacher,
Mr. Ogle indicated staff is recommending the trash dumpster be located within an enclosure to
screen the dumpster from the view of adjacent properties and rights-of-way. Chair Jerke indicated
the applicant may be trusted to figure out the best way to handle the trash at the site, and he
concurs with the deletion of Condition of Approval #1.1.4. Responding to Commissioner Garcia,
Mr. Johnson indicated the applicant is requesting that the dumpster be located adjacent to the
south side of the building, next to the facility doors, so that trash may be easily disposed of. He
clarified if the dumpster is required to be screened, there is more potential for scattered trash.
Commissioner Masden moved to delete Condition of Approval #1.1.4 and Commissioner Long
seconded the motion. There being no further discussion, the motion carried unanimously.
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Chair Jerke indicated the site has historically been enclosed by a chain-link fence, which he
believes is adequate for the operations at the site. Mr. Ogle indicated the screening requirements
for the site are addressed within Condition of Approval#1.1.5. Commissioner Long moved to delete
Condition of Approval#1.1.5, and the motion was seconded by Commissioner Rademacher. Chair
Jerke indicated he agrees with the proposed deletion, as the applicant does not appear to have any
concerns presented by neighboring property owners. There being no further discussion,the motion
carried unanimously.
Responding to Chair Jerke, Mr. Johnson explained when the site was utilized solely for farming
activities, diesel fuel tanks were located on the site which were historically utilized to fuel
equipment. He clarified when the application was first submitted, the fuel tanks were still located
on the property; however, they have been removed, since there is no longer a need for the tanks.
He further clarified the propane tanks will remain along the north side of the storage building, as
they provide heat for the building, and the tanks will be delineated on the plat. He stated if the
need arises for gasoline or fuel storage in the future, the property owner will comply with all
regulations. Following discussion, Mr. Ogle requested that the word "fuel" be replaced with the
word "propane" within Condition of Approval #1.J.3, and the Board concurred with the request.
Mr. Johnson clarified there are no ditches or easements located on the property at this time.
Mr. Ogle requested the modification of the first sentence of Development Standard #14 to state,
"In the event an above ground storage tank is located on the site, the applicant shall..." Ms. Smith
clarified the Above Ground Storage Tank regulations do not apply to propane tanks, and if the
applicant chooses to place a tank on the property, the applicant must comply with State standards.
Commissioner Long indicated the applicant has the ability to place a tank on the site; however,
State regulations must be followed if a tank is placed on the property. The Board concurred with
the modification of Development Standard #14.
In response to Chair Jerke, Mr. Johnson indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Mr. Monson stated the site has been utilized for over twenty years, and he does not understand
why he has to amend the permit every time a tenant begins operations at the site. He expressed
his frustration regarding the permitting process, and indicated he is simply trying to make income
off of his property, and he does not fully understand the value of the property to various
businesses. He indicated he has paid commercial taxes on the property for over twenty years,
even when a tenant has not been utilizing the property for commercial uses. Chair Jerke indicated
the permit allows for a Use by Special Review, and another use at the site will require an
amendment of the permit. He further indicated Mr. Monson could seek a Change of Zone for the
property, which could provide for many uses as a Use by Right on the property. Mr. Ogle
concurred with Chair Jerke and stated the uses provided through this permit are fairly
encompassing. He clarified the Department will review the uses proposed by new tenants to
ensure the uses are in compliance with the Conditions of Approval and Development Standards
approved through this application. Chair Jerke indicated Mr. Monson does have some flexibility;
however, if the use of the property changes drastically, an amendment to the permit must be
applied for, or the zoning of the property must be changed.
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Commissioners Long and Masden expressed the desire for the applicant to be able to increase the
number of employees at the site by increasing the size of the septic system and number of parking
spaces, through an administrative review process. Mr. Ogle indicated language added as a
Development Standard, and as a note on the plat, will provide for the required increases, as long
as the uses on the site remain similar. Commissioner Long moved to add Development
Standard#37,to state, "The applicant shall be allowed to increase the number of employees at the
site, concurrent with the number of required parking spaces, so long as the septic system is
appropriately upgraded, and the nature of the operations at the site remains similar to the uses
stated within this Resolution." Commissioner Masden seconded the motion. In response to
Ms. Giauque, Commissioner Long indicated the application does not need to contain an expansion
limit, as the expansion will be limited by the available increased capacity of the septic system.
There being no further discussion, the motion carried unanimously. In response to Chair Jerke,
Mr. Johnson indicated he concurs with the addition of Development Standard #37.
Commissioner Long indicated the application was originally denied by the Planning Commission;
however, he moved to approve the request of J and M Partnership, LLC, for a Site Specific
Development Plan and Use by Special Review Permit#1546 for uses permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (parking
of trucks, trailers, semi-trailers, recreational vehicles, construction and farm equipment;
warehousing and storage of equipment, machinery, and agricultural supplies; minor assembling;
repairing, manufacturing, and fabricating agricultural supplies and equipment; and storage of
modular home components) in the A (Agricultural) Zone District, based on the finding that the
application is in compliance with Section 23-2-230.6.1, through Section 23-2-230.6.7, of the Weld
County Code. His motion included the modification of the description of the requested uses to
replace "all for wholesale or retail for sale or lease to the general public," with "and storage of
modular home components"; the deletion of Conditions of Approval #1.E.3, #1.1.4, and #1.1.5; the
modification of the first sentence of Condition of Approval #1.E.5, to state, "In the event an above
ground storage tank is located on the site, the applicant shall..."; the modification of the fourth
sentence of Condition of Approval#1.1.2, to state, "The plat shall indicate a minimum of twenty(20)
standard-sized parking spaces";the replacement of the word"fuel"with"propane"within Condition
of Approval #1.J.3; the modification of Development Standards #6 to state, "As indicated in the
application materials, the number of employees on the site shall not exceed five (5)"; the
modification of the first sentence of Development Standard #14, to state, "In the event an above
ground storage tank is located on the site, the applicant shall..."; the addition of Development
Standard #35, to state, "The site shall be leased to a single user. At such time that the tenant
changes, the property owner will supply the Department of Planning Services with a detailed
description of the new use and user; the addition of Development Standard #36 to state, "All
activity shall take place within the primary structure. The smaller wooden outbuildings on the site
shall be used only for storage. Items being stored shall be associated with the tenant of the
primary structure or the personal property of the owner"; and the addition of Development
Standard#37,to state, "The applicant shall be allowed to increase the number of employees at the
site, concurrent with the number of required parking spaces, so long as the septic system is
appropriately upgraded, and the nature of the operations at the site remains similar to the uses
stated within this Resolution." The motion was seconded by Commissioner Rademacher, and it
carried unanimously. There being no further discussion, the hearing was completed at 11:30 a.m.
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This Certification was approved on the 21st day of January, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
w
ATTEST: fr,. .,.�,1 t.--v,, 9js ,,,, `t l t�
Weld County Clerk to the Board
v� i H. Jerke, Chair
, Robert den, Pro-Tem
BY: 1Dep Clerk to the Boa
WilliafiyarciaC
or). ,,i
David E. Long
Dougl ademacher
2008-0100
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1546- J AND M PARTNERSHIP
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 4/4/2006)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Applicant Letter requesting BOCC hearing, received
05/24/2006
F. Planning Staff Memo re: Proceeding with hearing, dated
10/30/2007
G. Planning Staff Memo re: Modification of Condition of
Approval #1.A, dated 12/20/2007
H. Applicant Letter re: Modifications to Resolution, dated
01/03/2008
I. Planning Staff Memo re: Modifications to Resolution, dated
01/08/2008
J. Planning Staff Certification and photo of sign posting
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