HomeMy WebLinkAbout20082036.tiff HEARING CERTIFICATION
DOCKET NO. 2008-54
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1652
FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT (PARKING AND
STORAGE FORACONCRETE COMPANY)IN THE A(AGRICULTURAL)ZONE DISTRICT
- J.A.R. HOLDINGS, LLC, CIO DANIEL RODARMEL
A public hearing was conducted on July 23, 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
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated July 2, 2008, and duly published July 11, 2008, in
the Greeley Tribune, a public hearing was conducted to consider the request of J.A.R. Holdings,
LLC, c/o Daniel Rodarmel, for a Site Specific Development Plan and Use by Special Review
Permit #1652 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone District(parking and storage for a concrete company) in the
A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record. 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 is located west of County Road 13, south of County Road 26, and is 3.3 acres in size. He
gave a brief description of the surrounding properties and indicated seven parcels are within 500
feet of the site. Mr. Ogle stated the municipal limits for the Town of Firestone are located to the
east and west of the site, and the site is currently in violation, due to the storage of equipment and
operation of a commercial business on the site,without the proper permits. He indicated approval
of the application by the Board will correct the violation; however, if the application is denied, all
equipment must be removed from the site immediately. He stated the site is located within the
three-mile referral area for the Towns of Firestone, Frederick, and Mead; however, no referral
responses were received from any of the Towns. He indicated fourteen referral agencies reviewed
the request, and nine provided comments which have been addressed within the Conditions of
Approval and Development Standards. He requested that Development Standard#26, regarding
hours of operation, be modified to state "Monday through Saturday" in the place of"seven days a
week." Mr. Ogle displayed photographs of the site and surrounding area, and in response to Chair
Jerke, he confirmed the applicant owns a concrete business, and stores various concrete forms,
equipment, and trucks on the property. Further responding to Chair Jerke, Mr. Ogle indicated the
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HEARING CERTIFICATION - J.A.R. HOLDINGS, LLC, C/O DANIEL RODARMEL (USR#1652)
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business has 26 employees, and some employees report to the site in the morning, while others
travel directly to the job site. In response to Commissioner Rademacher, Mr. Ogle indicated the
applicant has not applied for annexation to the Town of Firestone, and reiterated the Town did not
provide a referral response. Responding to Commissioners Masden and Rademacher, Mr. Ogle
indicated a single family residence is located immediately adjacent to the south of the site;
however, he does not believe the site can be seen from the Mountain Shadows Subdivision. In
response to Commissioner Masden, Mr. Ogle stated the applicant will be required to provide
screening, and will install a six-foot fence around the perimeter of the site to adequately screen the
materials stored outside.
Lauren Light, Department of Public Health and Environment, stated the applicant has obtained a
commercial well permit,and an existing septic permit,sized for eight people and permitted in 1995,
is also located on the property. She reiterated the applicant employs 26 people, therefore, a new
septic system can be added for the shop building, or, the existing system may be evaluated by an
engineer. She stated the Department is requiring Dust Abatement and Waste Handling Plans, and
the Department does not have any outstanding concerns with the application. In response to Chair
Jerke, Ms. Light stated the applicant indicated custom forms are occasionally created on-site, and
due to the possibility of employees remaining at the site for extended periods of time,an evaluation
will be necessary. She further indicated it may be more beneficial for the applicant to install a new
septic system for the shop building, so that employees do not have to utilize the restrooms within
the residence.
Don Dunker, Department of Public Works, stated County Road 13 is classified as a strategic
roadway, requiring 140 feet of right-of-way at full buildout. He indicated the Town of Firestone has
annexed this portion of the road, and has jurisdiction regarding the access to the site. He stated
the average daily traffic count is approximately 2,297 vehicles trips, and during the peak season
of use, between the months of April and November, the business on the site will contribute an
additional 72 vehicle trips per day. He further stated the Department is requiring stop bocks for the
parking spaces, and due to the location of the site, a small grassy area will be required as a water
quality capture area, indicated as an easement on the recorded plat. He confirmed the site is not
located within a floodplain. Responding to Chair Jerke, Mr. Dunker stated the water quality capture
area is required due to the uses on the site.
Dan Rodarmel,Applicant, stated the business he operates is unique, and the site is mostly utilized
to facilitate the parking of the trucks utilized within the business. He indicated his crews work in
various locations throughout the State, and a crew typically is comprised of six to eight employees.
He clarified many of his employees are distantly related, and will ride to the site together to park
a personal car and pick up the company truck to travel to the job site. He further clarified in many
instances, the foreman and other employees do not come to the site, and will utilize their own
personal vehicles to travel to the necessary jobsites. He indicated overall, there are very few cars
parked at the site on any given day, and the company trucks which are stored on site are taken out
during the day, and returned to park at night, at which time the employee cars exit the site. He
clarified he has operated his business for over nine years, and he clarified business is not
conducted at the site; however, concrete forms and blankets are stored on the site. He indicated
the concrete which sticks to the forms could potentially fall off; however, it is a cured, hardened
product, and would not create liquid runoff. He further indicated cures are utilized on the site;
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however, bulk storage is not kept at the site. He confirmed the location of the site is ideal since his
employees work all over the Front Range. He clarified his personal residence is within the City of
Fort Collins; however, he travels to the site everyday because it makes more sense to have
employees report to a central location. Chair Jerke stated he understands that many businesses
are utilizing sites in similar ways, mainly as a park-and-ride station where materials are occasionally
stored. Mr. Rodarmel clarified the nearest residence is approximately one-quarter of a mile to the
south, and the residence and surrounding trees block the view from the Mountain Shadows
Subdivision.
No public testimony was offered concerning this matter.
Commissioner Rademacher stated Development Standard#23 indicates a letter must be provided
from the Firestone/Frederick Fire Protection District (FPD) prior to construction of any building;
however, since this parcel is within unincorporated Weld County, it is under the jurisdiction of the
Mountain View FPD. Mr. Ogle clarified referral responses were received from both Districts, and
he believes Mountain View FPD has entered into a mutual aid agreement with the
Firestone/Frederick FPD. In response to Commissioner Rademacher, Mr. Ogle clarified a
208 Boundary has been formed between the Districts. Commissioner Rademacher reiterated the
site is located within the jurisdiction for the Mountain View FPD if the site is located within
unincorporated Weld County, and the Districts do not have an Intergovernmental Agreement for
mutual aid, therefore, he recommended the reference to the Firestone/Frederick FPD be removed
from Development Standard#23. The Board concurred with Commissioner Rademacher's request.
Mr. Ogle indicated more discussion is necessary regarding the hours of operation, as referenced
in Development Standard #26, since the applicant previously mentioned that employees may
occasionally arrive at the site earlier than 7:00 a.m. Mr. Rodarmel indicated he does not typically
have crews that work within the Grand County area, and employees arriving at the site at 5:30 a.m.
is a rarity; however, it could happen on occasion. Following discussion among the Board, Chair
Jerke indicated he prefers to delete the reference to hours of operations since it becomes difficult
for staff to monitor the site. He stated future growth within the surrounding area will determine if
the property becomes more valuable to develop rather than continue business operations.
Commissioner Masden suggested limiting the hours of operation to daylight hours, and
Mr. Rodarmel indicated he concurs with the limitation of daylight hours, from Monday through
Saturday. The Board concurred with the modification of Development Standard#26,to state, "The
hours of operation shall be daylight hours, Monday through Saturday." Responding to Chair Jerke,
Mr. Rodarmel indicated he concurs with the requirements regarding the septic system to be
monitored, since only two people live on the site. He clarified he understands that it will be
necessary for an engineer to provide an evaluation.
In response to Chair Jerke, Mr. Rodarmel indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified. He indicated it is his full intent
to comply with all requirements so that he can continue to operate his business from the site.
Commissioner Rademacher indicated he does not believe the entire site needs to be screened,and
recommended the applicant only be required to screen along the south side of the property. The
Board concurred with Commissioner Rademacher's recommendation.
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HEARING CERTIFICATION - J.A.R. HOLDINGS, LLC, C/O DANIEL RODARMEL (USR#1652)
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Commissioner Rademacher moved to approve the request of J.A.R. Holdings, LLC, c/o Daniel
Rodarmel for a Site Specific Development Plan and Use by Special Review Permit#1652 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone District(parking and storage for a concrete company) 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#4.A and Development Standard#23, to delete
the reference to the Firestone/Frederick Fire Protection District, and the modification of
Development Standard #26 to state, "The hours of operation shall be daylight hours, Monday
through Saturday." The motion was seconded by Commissioner Masden, and it carried
unanimously. (Clerk's Note: Due to the intent of the Board's recommendations, Condition of
Approval #1.P was modified to state, "The applicant shall submit a Landscaping and Screening
Plan for the site. The plan shall include the method of screening along the southern boundary of
the site. The applicant shall maintain compliance with Section 23-2-250.8.7 of the Weld County
Code at all times.", and Condition of Approval #4.A was modified to delete the reference of the
Firestone/Frederick Fire Protection District). There being no further discussion, the hearing was
completed at 10:30 a.m.
This Certification was approved on the 28th day of July, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
S- 4 j\ WELD COUNTY, COLORADO
r' a,
ATTEST: 'p7 � � l�•
�S°� t W' ' m H. Jerke, Chair
�
Weld County Clerk to t� 7r ._k,) U n
j; R Bert Afasden, Pro-TemBY: Y l
Deputy Cler o the Board
William F. Garcia
EXCUSED DATE OF APPROVAL
David E. Long
Doug s Rademache)
2008-2036
PL1975
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1652 - J.A.R. HOLDINGS, LLC, CIO DANIEL RODARMEL
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 04/15/2008
and 05/20/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and photo of sign posting
F. Clerk to the Board Modification to Condition of Approval #1.P
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