HomeMy WebLinkAbout20062716.tiff HEARING CERTIFICATION
DOCKET NO. 2006-56
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1493 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT
(COMMERCIAL JUNKYARD AND SALVAGE YARD) IN THE 1-3 (INDUSTRIAL) AND
A(AGRICULTURAL) ZONE DISTRICTS - COPART, INC./STEPHEN BRANCUCCI
A public hearing was conducted on September 13,2006,at 10:00 a.m.,with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Pam Smith
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 25,2006,and duly published August 30,2006,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Copart,
Inc./Stephen Brancucci for a Site Specific Development Plan and Amended Use by Special Review
Permit#1493 for a Use Permitted as a Use by Right,Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone District (commercial junkyard and salvage yard) in
the 1-3(Industrial)and A(Agricultural)Zone Districts. Bruce Barker, 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 gave a brief description of the location of the site and surrounding land uses,
and stated the amendment will add two parcels to the existing USR boundary for a total
of 59.5 acres. She stated the additional parcels are proposed for the same uses as the original
permit for the temporary storage and processing of vehicles damaged in auto accidents. Ms.Hatch
stated the facility is open from 7:00 a.m.to 6:00 p.m.,Monday through Friday,there will be ten(10)
employees, the applicant does not dismantle, crush, or stack the vehicles, and the warehouse is
not for storage of vehicles or parts. She stated the outdoor storage of materials is currently
screened, and there is a four(4)acre portion in the center of the site designated for non-standard
storage. Ms. Hatch stated the site is within the three-mile referral area for the Cities of Fort Lupton
and Brighton and Adams County. She stated the City of Ft. Lupton reviewed the proposal and
indicated no conflict with its interests. However, the City of Brighton outlined various concerns
regarding screening and compatibility,and requested an adjustment to the site plan to set the fence
farther within the property,with the addition of exterior landscaping or a maintenance plan to help
prevent vandalism of the fence. She stated the City of Brighton also requested additional screening
2006-2716
79 PL1769
HEARING CERTIFICATION - COPART, INC./STEPHEN BRANCUCCI (AMUSR#1493)
PAGE 2
along U.S.Highway 85 due to the elevation difference. Ms.Hatch stated Development Standard#34
and Condition of Approval #1.C address the issues regarding maintenance, and Development
Standard#30 addresses the height limitations for outdoor storage; however,there is no language
regarding the relocation of the fence. She stated ten referral agencies reviewed the proposal,five
indicated no concerns,three provided comments which have been addressed in the Conditions of
Approval and Development Standards,and staff received no correspondence from Adams County,
the Colorado Division of Wildlife, or surrounding property owners. Responding to Chair Geile,
Ms. Hatch reviewed the concerns expressed by the City of Brighton for the record. In response to
Commissioner Long, Ms. Hatch reiterated that Condition of Approval #1.C addresses the
maintenance plan for the fence,but does not address landscaping in front of the fence or relocating
the fence.
Pam Smith,Department of Public Health and Environment,stated she has no additional comments,
since all health issues were addressed under the original permit. She stated the existing warehouse
is connected to a septic system, which is adequate for the amended request.
Donald Carroll, Department of Public Works,stated the amendment will add two parcels north and
south of the existing USR boundary. He stated the site will continue to be accessed from Weld
County Road 27,which is a major arterial between the Cities of Fort Lupton and Brighton. He further
stated the applicants have reserved an additional 70 feet of right-of-way,the access and parking lot
are paved and striped, and the required fencing is complete. He stated staff did have some
questions regarding stormwater drainage.
Brian Varrella,Department of Public Works,stated his initial concern with the stormwater drainage
has been addressed;however,the applicant still needs to submit a Drainage Report. He explained
his concerns dealt with detaining flows from a 100-year storm and releasing at the 5-year historic
discharge rate. Mr. Varrella stated his second item of concern dealt with the lack of an Off-Site
Improvements Agreement with the neighbor to the west (Ski Club); however, the applicant has
indicated there is an agreement in place,and staff will need the documents submitted for the record.
Glen Droegemueller,Attorney,represented the applicant and clarified Development Standard#24
allows for 20 employees, not 10 as indicated by staff. He stated the applicant has attempted to
obtain permission from the Ski Club for the past two months to allow stormwater discharge into the
lake; however, they are not willing to grant permission. Mr. Droegemueller stated the County
Attorney's Office has indicated that Colorado law allows drainage from upstream users across the
property of a downstream user. He stated the applicant does not intend to obtain permission from
the Ski Club, since the stormwater has historically drained across the site. Mr. Barker concurred
with Mr.Droegemueller's statements,and clarified the discharge is allowed as long as the drainage
does not exceed historic rates. In response to CommissionerJerke, Mr.Droegemueller stated the
applicant has addressed water quality in the Drainage Plan, and it is his opinion that there will be
more gas in the lake water from the Ski Club boats than from drainage from the subject site.
Responding to Chair Geile, Mr. Droegemueller stated he and the applicant have reviewed and
concur with the Conditions of Approval and Development Standards.
No public testimony was offered concerning this matter.
Mr. Carroll stated the applicant has indicated for the record that they will provide an amended
2006-2716
PL1769
HEARING CERTIFICATION - COPART, INC./STEPHEN BRANCUCCI (AMUSR#1493)
PAGE 3
Drainage Report,which satisfies staffs'concerns. Responding to Commissioner Vaad,Ms.Hatch
stated Condition of Approval#1.A only requires a sign-off by the Department of Public Works if they
are satisfied with the arrangements as discussed with the Board. Mr.Droegemueller stated it is his
understanding that as long as the applicant adheres to the Weld County Code and Colorado
Drainage Law, as indicated by the County Attorney, then the Department of Public Works is
satisfied. Responding to Commissioner Vaad, Mr. Barker stated there is a series of e-mails which
were sent between staff indicating agreement that no more than the historic flow will be allowed,and
those e-mails can be included in the file as Exhibit F.
Commissioner Masden commended the applicant for working with the surrounding property owners,
and he feels the fence adequately shields the facility,therefore, he moved to approve the request
of Copart, Inc./Stephen Brancucci for a Site Specific Development Plan and Amended Use by
Special Review Permit#1493 for a Use Permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone District(commercial junkyard and salvage
yard)in the 1-3(Industrial)and A(Agricultural)Zone Districts,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. The motion was seconded by Commissioner Long, and it
carried unanimously. There being no further discussion,the hearing was completed at 10:30 a.m.
(Clerk's Note: Following the hearing, the request description was corrected to reflect that the site
is within both the 1-3(Industrial)and A(Agricultural)Zone Districts,and the last sentence of criteria
paragraph#2.a was amended to delete an incorrect description of the applicant as"an insurance
company.")
This Certification was approved on the 18th day of September 2006.
APPROVED:
44 E lla� BOARD OF CO NTY COMMISSIONERS
ATTEST: Lyle ,1 ' dur ELD COU , COLORADO
( Y; /7�
A . .. eile, Chair
Weld County Clerk to the B: :/
�-
4�V't�/ 1 ICBM-- Davi. E. Long, Pro-Tem
BY:
Dep t Clerk t the Board
William H. Jerke
TAPE #2006-33 EXCUSED DATE OF APPROVAL
Robert D. Mas n
DOCKET#2006-56 1/14/472.
Glenn Vaaa
2006-2716
PL1769
EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR#1493 - COPART, INC./STEPHAN BRANCUCCI
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 07/18/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F. Planning Staff E-mails regarding Drainage
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
N.
N
( Z(v) t
IW
414
,;) aa ',._
0
a
U O N
te W (f
U W m v V _s.
_ 0 \ice\
t
a W U :12�a � � r a�!
W LLO a d 2cii J 74 \
a M kI- G mm 8 W o � �
Q M = N Q° N Q z- �\\
C M C
N W E
H co C
• L.
Z u =
O z T
U)
O a
0 O o Q 13
N V .m 1'— i.
om.
W
et o a (� V '
Z W N W p .. A...z.\•
U W z L
z c a. z
Hello