HomeMy WebLinkAbout20081291.tiff HEARING CERTIFICATION
DOCKET NO. 2008-33
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1646
FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STEEL
FABRICATION COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT - GAIL AND
DANNIE CITO
A public hearing was conducted on April 30, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robed 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, 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 April 11, 2008, and duly published April 16, 2008,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Gail and
Dannie Cito for a Site Specific Development Plan and Use by Special Review Permit#1646 for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (steel fabrication company) in the A (Agricultural) Zone District. Cyndy
Giauque, Assistant County Attorney, made this a matter of record. Jacqueline Hatch, 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. She stated the site,which
is approximately 2.5 acres in size, is located east of County Road 7, and south of State Highway
52, and she gave a brief description of the surrounding land uses. She indicated the applicant will
be required to provide evidence of how the site will be screened from adjacent properties. She
stated the site is currently in violation for the storage of equipment and the operation of a
commercial business without the proper permits; however,the violation has not yet been presented
to the Board, therefore, approval of the application will correct the violation. She further stated if
the application is not approved, the violation will be presented to the Board,with a request to refer
the case to the County Attorney's Office, with a delay of action for thirty days, in order to allow the
applicant adequate time to remove the business items from the site. Ms. Hatch stated no letters
or phone calls have been received from surrounding property owners, and the site is located within
the three-mile referral area for the Towns of Frederick and Erie, the City of Dacono, and the City
and County of Broomfield, as well as within the Intergovernmental Agreement (IGA) area for the
Town of Frederick. She clarified the Town of Frederick did not complete a referral response;
however, within the Notice of Inquiry, the Town indicated no conflicts with the proposed use, and
encouraged the applicant to seek annexation when the proper contiguity exists. She stated the
2008-1291
PL1967
HEARING CERTIFICATION - GAIL AND DANNIE CITO (USR #1646)
PAGE 2
Town of Erie, in a referral dated January 11, 2008, stated the proposed use is not in compliance
with the Town's Comprehensive Plan, and the City of Dacono and the City and County of
Broomfield both indicated no concerns with the proposed use. She further stated fourteen referral
agencies reviewed the request, and eight provided comments which have been addressed within
the Conditions of Approval and Development Standards. She clarified no response was received
from the Colorado Division of Wildlife, the Weld County Sheriff's Office, or the Town of Frederick.
Ms. Hatch displayed photographs of the site and surrounding area, indicating the site contains two
accesses due to a circular driveway. In response to Commissioner Rademacher, Ms. Hatch
clarified the site is located within the IGA area for the Town of Frederick, and is in very close
proximity to the boundaries of the IGA with the Town of Erie as well. Responding to Commissioner
Masden, Ms. Hatch indicated the business anticipates up to ten employees at the site, which will
generate additional traffic, and a paint booth is not anticipated at the site.
Lauren Light, Department of Public Health and Environment, stated the site is served with water
from the Left Hand Water District, and the applicant will be required to submit a Dust Abatement
Plan. She stated the existing septic system was upgraded in 2002, and the septic field is 6,000
square feet in size due to the clay soils on the site and drip irrigation system. She further stated
the applicant is required to have the septic system evaluated by a Colorado registered engineer
to ensure the size is adequate. She indicated Development Standards#3 through#14 adequately
address the concerns of the Department of Public Health and Environment.
Don Dunker, Department of Public Works, stated County Road 7 is classified as a strategic
roadway, which presently contains 60 feet of right-of-way, and is maintained by the Town of Erie.
He stated the average daily traffic count is approximately 1,036 vehicle trips per day, and the
proposed use will generate an additional 42 vehicle trips per day. He further stated the applicant
will be required to provide a water quality area for storm drainage, and the area shall be identified
as an easement on the plat. He indicated the Department has requested the applicant place a
Stop sign at the access, so that traffic exiting the site will make a complete stop before pulling onto
County Road 7, and no parking of vehicles will be allowed along County Roads. Responding to
Commissioner Masden, Mr. Dunker indicated the applicant will continue to utilize both accesses.
In response to Chair Jerke, Mr. Dunker stated it is possible to restrict the applicant to one access,
and a Development Standard may be added to require that an access be closed. Chair Jerke
indicated he desires to hear from the applicant regarding the need for both accesses to remain
open, and clarified strategic roadways will become completely developed within the future,
therefore, the need exists for an access management plan.
Dan Cito, applicant, stated all of the improvements were located on the property when he
purchased the property from Tri-Area Ambulance, including the two accesses. He stated he has
already obtained engineering reports for the septic system, which were completed by Scott Cox
and Associates. In response to Chair Jerke, Mr. Cito indicated steel is delivered to the site
approximately once every two weeks through the north access, and the delivery trucks exit the site
from the north access as well. He clarified the southern access is utilized for his personal
residential uses. Responding to Commissioner Rademacher, Mr. Cito clarified a majority of his
business is providing service for Butterball at the old ConAgra plant within the City of Longmont,
and he also provides handrails for custom homes within the surrounding area. He stated I-beams
are fabricated on the site, which are then shipped off-site, and he confirmed no painting activities
2008-1291
PL1967
HEARING CERTIFICATION - GAIL AND DANNIE CITO (USR #1646)
PAGE 3
take place at the site. He clarified all necessary paint work is provided by another local contractor
who abides by the regulations as set forth by the Environmental Protection Agency (EPA). He
indicated the local fire protection district has inspected the building, and recommended that an
upgraded fire cabinet be installed.
In response to Commissioner Rademacher, Mr. Cito indicated most of the manufacturing takes
place within the building; however, some large beams may need to be cut outside of the building,
which are transported on a forklift. He further indicated most of the materials are stored outside,
therefore, staff is requiring that screening be provided, and he will create a fence which matches
the exterior of the building. Responding to Chair Jerke, Ms. Hatch clarified the ambulance facility
was allowed as a Use by Right within the A(Agricultural)Zone District, therefore, the site does not
contain a previous Use by Special Review Permit. She further stated it is her understanding that
the ambulance company never actually occupied the site. In response to Commissioner Masden,
Mr. Cito indicated the future requirement of 70 feet of right-of-way from the centerline of County
Road 7 will extend approximately five feet into the existing front porch of his residence; however,
every other residence within the immediate vicinity is also located within 70 feet of the centerline
of the road.
No public testimony was offered concerning this matter.
In response to Commissioner Masden, Mr. Cito reiterated the north access is utilized for business
purposes, and the south access is utilized for private residential purposes, and if he had to choose,
he would prefer to close the south access. In response to Chair Jerke, Mr. Cito indicated he will
place a gate across the south access, which will also provide for better security at the site.
Commissioner Masden moved to add a Development Standard, to require the applicant to close
the south access, and Chair Jerke seconded the motion. Commissioner Rademacher indicated
it is not important for the applicant to close the south access, and the issue of accesses will be
addressed when future improvements are made along County Road 7. Chair Jerke indicated the
applicant is willing to close the access anyway for security purposes, therefore, the additional
Development Standard is appropriate. There being no further discussion, the motion carried
unanimously.
In response to Commissioner Rademacher, Ms. Light indicated the existing septic system was built
before the ambulance company purchased the property. She clarified the system was designed
to accommodate 450 gallons per day; however, due to the drip irrigation system located on the site,
additional review is required. She stated she has a copy of the report from Scott Cox and
Associates; however, the report results do not account for the provision of ten employees utilizing
the site on a daily basis. She stated the review is necessary to ensure that the field will not be over
saturated. Further responding to Commissioner Rademacher, Mr. Cito indicated the storage of
materials to be screened is located behind the existing building, on the north side, and Ms. Hatch
displayed a photograph of the proposed area. She clarified staff has requested that the applicant
consolidate the materials into one area,and provide screening along a small area north of the shop
building. Mr. Cito indicated he intends to provide screening from the rear of the building, along the
driveway, and he will also place the trash dumpster behind the screened area. He further indicated
he has sold most of the vehicles located on the property; however, the remaining vehicles will also
be screened. He stated he recently planted 100 trees and installed a drip system to help screen
2008-1291
PL1967
HEARING CERTIFICATION - GAIL AND DANNIE CITO (USR#1646)
PAGE 4
the property as well. In response to Commissioner Rademacher, Mr. Cito indicated agreement with
the screening requirement,and clarified most of the material will not be visible from County Road 7.
In response to Ms.VanEgdom, Ms. Hatch indicated the requirement for the closure of the southern
access shall be added as Development Standard #39. Responding to Chair Jerke, Mr. Cito
indicated he has reviewed, and concurs with, the Conditions of Approval and Development
Standards, as amended.
Commissioner Rademacher moved to approve the request of Gail and Dannie Cito for a Site
Specific Development Plan and Use by Special Review Permit#1646 for a Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(steel fabrication 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, including the addition of Development Standard#39. (Clerk's
Note: Staff verified the addition of Development Standard #39, to state, "The applicant shall
permanently close the southern access to the property.All traffic accessing the site shall utilize the
existing access on the north side of the property.") The motion was seconded by Commissioner
Masden,and it carried unanimously. There being no further discussion,the hearing was completed
at 10:30 a.m.
This Certification was approved on the 5th day of May, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
f
ATTEST: /nom/////�// L, 1 �. l✓
i \O,. Jerke, Chair
Weld County Clerk to the Board 1861 , D DATE OF APPROVAL
�`t� S'E
f` bt6thel �Masd ,Pro-Tem
BY: ® r "' JL/�7C
Deputy Clerk to the Board C
Will. Garcia
David E. Long
Dougl Rademache
2008-1291
PL1967
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1646 - GAIL AND DANNIE CITO
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 03/18/2008
and 02/19/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and photo of sign posting
F. Planning Staff E-mail re: Language for Development
Standard #39
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
NI t J
V
rn
1
C
' N c
d
0
•
CG
O °-
a N J
N
cc tl isi Ia. N
iii (n
W o )_
o a N U \ \co z J CD i {
Q -c '2
O Qfa I
ilio i
c
Ci
O
Q M coo m Q N h f� N
ft
E J
= m
r c
co 0a >'
r
i
gA
Q 3
K 1.0 0 CO o a {
Q N N '� ] J `+
N N O 72
Z W W0 W ° <1
YY Q c -- ti
Q Ua WO ,c S.
1 OO a z -�
Hello