HomeMy WebLinkAbout20080611.tiff HEARING CERTIFICATION
DOCKET NO. 2008-18
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1638
FORA USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL
REVIEW IN THE INDUSTRIAL ZONE DISTRICT(TRUCK PARKING,MAINTENANCE,AND
OFFICE) IN THE A(AGRICULTURAL) ZONE DISTRICT- BARTEZ, LLC
A public hearing was conducted on March 5, 2008, at 2:00 p.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, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Jacqueline Hatch
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated February 15, 2008, and duly published February 20,
2008, in the Fort Lupton Press, a public hearing was conducted to consider the request of Bartez,
LLC, for a Site Specific Development Plan and Use by Special Review(USR) Permit#1638 for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Industrial Zone
District (truck parking, maintenance, and office) in the A (Agricultural) Zone District. Cyndy
Giauque, Assistant County Attorney, made this a matter of record. At the request of Jacqueline
Hatch,Department of Planning Services, Chair Jerke recessed the matter until the applicant arrived
from the Southwest Weld County Administrative Building.
Upon reconvening, Ms. Hatch presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. She gave a brief
description of the location of the site, and stated the applicant is proposing to operate from
6:00 a.m., to 6:00 p.m., seven days a week, with 15 employees. She gave a brief description of
the surrounding land uses, and stated there are a few homes in close proximity. Ms. Hatch stated
Section 23-2-240.A.10 of the Weld County Code addresses buffering and screening, which may
be required to ensure compatibility,therefore,the Draft Resolution includes a Condition of Approval
which requires screening from adjacent properties and right-of-way. She stated staff received one
letter of concern from a surrounding property owner regarding traffic and adverse visual impacts
to the area, as well as one telephone call in opposition due to decreased property values and traffic
concerns. She further stated Dick Hawley, Director of Support Services for School District RE-8,
also e-mailed a referral response, marked Exhibit G, requesting a reduced speed limit in the area.
Ms. Hatch stated the site is within the three-mile referral area for the City of Fort Lupton, which
indicated no conflict with its interest. She stated twelve referral agencies reviewed the proposal,
two indicated no conflicts, seven responded with comments that have been addressed in the
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HEARING CERTIFICATION - BARTEZ, LLC (USR#1638)
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Conditions of Approval and Development Standards, and no response was received from the Weld
County Sheriffs Office, Department of Building Inspection,or the Union Pacific Railroad Company.
Ms. Hatch referred to a memorandum, marked Exhibit J,requesting a modification to Development
Standard #27 to replace "Hudson" with "Fort Lupton" to reflect the appropriate Fire Protection
District. She also requested a revision to Condition of Approval#1.P.14 to limit the USR boundary
to the proposed use,rather than the entire parcel boundary. She displayed photographs of the site,
and stated the lot is currently vacant, with the exception of oil and gas activities. In response to
Commissioner Rademacher, Ms. Hatch reiterated there are no buildings on the site, and the
property is zoned A (Agricultural). Responding to Chair Jerke, Ms. Hatch stated the property is
planted with tall grass, and there is no pivot irrigation system. In response to Commissioner
Masden, Ms. Hatch stated the proposed home and shops will be set back from the road
approximately 460 feet, and the parking will be screened or fenced. She further stated the
application proposes 15 employees, the applicant is currently operating with five or six trucks, and
a Development Standard may be added to limit the number of vehicles parked at the site.
Responding to Chair Jerke, Ms. Hatch stated the applicant is proposing only one home, which is
allowed as a Use by Right. Responding to Commissioner Garcia, Ms. Hatch stated she is not
aware of any painting activities. In response to Commissioner Rademacher, Ms. Hatch reiterated
the facilities will be approximately 460 feet from the southern property line, and there is one
residence directly across the street, as well as one other residence approximately one quarter of
a mile away.
Lauren Light, Department of Public Health and Environment, stated the site is already serviced by
a permitted commercial well, and the applicant has applied for a septic permit. She stated the
septic system design has been approved by the Board of Public Health; however,the septic system
has not been installed because the permit has not been finalized. She further stated once the
system is installed, the engineer and a member of the Health staff will have to go to the site and
certify proper installation. Ms. Light stated the applicant will be required to submit a Waste
Handling Plan, and if they intend to wash vehicles on the property, they will have to comply with
the requirements of the Colorado Water Quality Control Division and the Environmental Protection
Agency. She stated any discharge from the site will require a Classified Injection Well, or the
applicant must contain everything to prevent any discharge. She further stated this permit would
prohibit the applicant from doing any painting at the site.
Don Dunker, Department of Public Works, stated Dick Hawley, School District RE-8, expressed
concern with 67 additional truck trips on County Road 22, and has requested the 45 mile-per-hour
speed limit be extended approximately one-half mile further east. He stated staff will review the
roadway conditions and bring a request for speed reduction to the Board, if warranted. He stated
the site is accessed from County Road 22, which is classified as a strategic roadway and requires
140 feet of right-of-way at full buildout. He stated presently there is 60 feet of right-of-way, and the
average daily traffic count is approximately 727 vehicles. Mr. Dunker stated the Department of
Public Works is requiring a Stop sign to be placed at the driveway to stop trucks before entering
onto County Road 42, and drainage from the site will need to be in compliance with Weld County
Code requirements. In response to Commissioner Rademacher, Ms. Light clarified the applicant
is currently operating with six or seven trucks. Mr. Dunker added the applicant has indicated the
proposal will generate 67 daily trips, including employee trips. Responding to Commissioner
Masden, Mr. Dunker reiterated the School District is requesting the 45 mile-per-hour speed limit
be extended one-half mile to the east. In response to Chair Jerke, Mr. Dunker stated the turn lanes
on U.S. Highway 85,for traffic turning onto County Road 22, could be improved; however, he is not
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certain this application alone warrants improvements. Commissioner Rademacher commented
there has likely been oil and gas traffic in the area for many years. In response to Chair Jerke,
Mr. Dunker stated the applicant will be required to reserve 140 feet of right-of-way for future
expansion of County Road 22.
Daniel Glantz represented the applicant and stated the company currently operates with six trucks,
and he would like to expand to add five or six more in the future. He stated they haul biosolids from
various wastewater treatment plants. He further stated the proposed residence and shop will be
situated on five acres of the property, and the remainder of the site will continue as a farm.
Mr. Glantz stated they will not be doing any painting, this will be a general maintenance facility, he
currently has nine employees, and the application requests up to 15 employees to address future
growth. He stated there is a merge lane for traffic coming from County Road 22 and going south
on U.S. Highway 85, as well as a left turn lane on U.S. Highway 85 for traffic turning east onto
County Road 22. In response to Commissioner Masden, Mr. Glantz stated they will not be
stockpiling or bring biosolids to the site, although the farm ground is permitted for the application
of biosolids. He stated the employees arrive at 6:00 a.m., they are gone by 6:30 a.m., and they
do not return until 5:30 p.m. He further stated 15 trucks would generate 30 trips, in addition to 30
trips by employee vehicles. In response to Commissioner Rademacher, Mr. Glantz stated the truck
trailers will be empty when they are at the site. Responding to Commissioner Garcia, Mr. Glantz
stated the trucks are typically gone before the school bus picks up neighborhood kids, and they
come back after the school kids have already been dropped off. Responding to Chair Jerke, Mr.
Glantz stated he farms alfalfa and grass hay with water irrigation.
Carol Gildea, surrounding property owner, stated there are nice homes in the area, and she
submitted photographs, marked Exhibit I. She expressed concern with the potential for a mobile
home being placed on the property, wastes generated at the site, and a ten-percent increase in
traffic volume. She questioned the location of the access, and stated allowing the proposed use
will hurt property values in the area and set precedent for allowing more industrial uses in the
future. Ms. Gildea stated she is not sure why the applicant chose to place an Industrial use in the
A (Agricultural) Zone District, since there is a lot of property for sale along U.S. Highway 85
designated for this type of use. She further stated the County Code indicates that land
development should be consistent with adopted Code to ensure the quality of life and property
values are maintained for County residents, businesses, and property owners. Responding to
Commissioner Rademacher, Ms. Gildea indicated the locations of the homes shown in Exhibit I.
Gerald Calvin, surrounding property owner, stated his initial concerns dealt with smoke, odor,
property values, and traffic. He stated he lives directly across the street, and his home is valued
at more than $500,000.00. He stated his concern with property values is based on the placement
of a mobile home, and often property values depend on the number of mobile homes in the area.
He stated there is a blind hill with a posted speed limit of 55 miles per hour, and he has notified the
oil and gas operators in the area to be cautious at that location. Mr. Calvin stated his second
concern deals with smoke and odors, since flies are drawn by waste odors, which will create a
health concern. Chair Jerke commented the applicant does have the ability to place a mobile home
on the property as a Use by Right. Commissioner Long added this application only allows one
residence. Ms. Hatch stated Recorded Exemption#3975 was approved in 2005, therefore, the lot
will be eligible for further subdivision in 2010. Responding to Commissioner Masden, Ms. Hatch
stated the applicant can address what type of home will be placed. There being no further
comments, Chair Jerke closed public testimony.
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Mr. Glantz reiterated there will only be one home and a shop with an office to store and repair
equipment, and they will haul biosolids for beneficial land use applications. In response to
Commissioner Masden, Mr. Glantz stated the classification of biosolids determines whether the
material must be blended in or just surface applied, and he intends to place a new modular on the
site. Responding to Chair Jerke, Mr. Glantz stated when the ground is frozen most of the biosolids
materials still meet the classification that allows surface application,which can then be incorporated
once the land thaws. In response to Commissioner Garcia, Mr. Glantz stated the only smoke
generated at the site will be in the morning when the trucks start up, and there will be odor once
a year when he applies biosolids to the agricultural portion of the site. He further stated flies are
not attracted to the type of materials that are applied. In response to Chair Jerke, Mr. Glantz stated
he has reviewed, and concurs with, the Conditions of Approval and Development Standards.
Commissioner Masden commented the 45 mile-per-hour speed limit should be consistent both east
and west of the bus stop. Responding to Commissioner Rademacher, Mr. Dunker stated the
County occasionally places "School Bus Stop"warning signs; however, this particular site needs
to be evaluated to determine whether it meets warrants. Responding to Commissioner
Rademacher, Ms. Hatch stated the applicant will be screening the parking area within the five-acre
USR boundary.
Commissioner Garcia stated the changes proposed by staff still need to be addressed. Ms. Hatch
explained the change to Development Standard#27 is a clerical correction to replace"Hudson"with
"Fort Lupton" to reflect the appropriate Fire Protection District. She further stated the addition of
Condition of Approval #1.P.14 will limit the USR boundary to the use instead of the entire parcel.
Responding to Chair Jerke, Mr. Glantz stated he agrees with the proposed changes. Ms. Hatch
also proposed inserting a new Development Standard#27 to state, "The limit of trucks allowed on
the site at any given time shall be fifteen (15)." The Board and Mr. Glantz concurred with the
proposed addition.
Chair Jerke commented most of the neighborhood concerns will be mitigated through this permit.
He stated the placement of a mobile home is allowed as a Use by Right, and the application of
biosolids happens throughout the County as a necessity for agricultural use,as well as meeting the
needs of municipalities. He stated the traffic issues will be mitigated with extended speed limit
reductions, and there are turn lanes at County Road 22 and U.S. Highway 85.
Commissioner Rademacher concurred with Chair Jerke and stated he has heard no testimony that
indicates the proposal does not meet criteria.
Commissioner Garcia stated the proposal is consistent with agricultural use, and a majority of the
site will remain in agricultural production. Based on those comments, Commissioner Garcia moved
to approve the request of Bartez, LLC, for a Site Specific Development Plan and Use by Special
Review Permit#1638 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Industrial Zone District(truck parking, maintenance, and office)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. His motion
included adding Condition of Approval#1.P.14 to state,"The Use by Special Review boundary shall
be reduced in size so it does not encompass the entire 93 acres, rather, it shall be limited to the
proposed use on the property," modifying Development Standard #27 to replace "Hudson" with
"Fort Lupton" to reflect the appropriate Fire Protection District, inserting a new Development
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Standard#27 to state, "The limit of trucks allowed on the site at any given time will be fifteen(15),"
and renumbering as appropriate. The motion was seconded by Commissioner Long, and it carried
unanimously. Upon a call for the vote, the motion passed four to one,with Commissioner Masden
opposed. There being no further discussion, the hearing was completed at 4:00 p.m.
This Certification was approved on the 10th day of March, 2008.
APPROVED:
7( r7� BOARD OF COUNTY COMMISSIONERS
f7 ..ta WELD COUNTY, COLORADO
ATTEST: "tap
"" William H. Jerke, Chair
Weld County Clerk to the I
,.BY. (1) ., 1 �6��,�� Robert D. M den, Rro em
De. Cler the Board ( 0t
liam F. Garcia
David E. Long
Dougla Rademac er
2008-0611
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1638 - BARTEZ, LLC
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 01/15/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Memo re: Modification of Request
language, dated 02/14/2008
F. Carol Gildea 2 E-mails of Opposition, dated 02/29/2008
G. Dick Hawley, School District RE-8 E-mail of Opposition, dated 03/05/2008
H. Planning Staff Certification of sign posting
I. Carol Gildea Photos of surrounding residences
J. Planning Staff Memo re: Modifications to Draft Resolution
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