HomeMy WebLinkAbout20063006.tiff HEARING CERTIFICATION
DOCKET NO. 2006-63
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #1476 FOR A BUSINESS COMMERCIAL JUNKYARD OR SALVAGE YARD,
THE LEASING AND SALES OF VEHICLES AND EQUIPMENT, AND VEHICLE
SERVICE/REPAIR)IN THE C-3(COMMERCIAL)ZONE DISTRICT-FUSARO,LLC, C/O
DONNIE FETTERS, JR.
A public hearing was conducted on October 11, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tern
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Jenny Luna
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Michelle Martin
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 22, 2006, and duly published
September 27, 2006, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Fusaro, LLC,c/o Donnie Fetters,Jr.,for a Site Specific Development Plan and Amended
Use by Special Review Permit#1476 for a Business (commercial junkyard or salvage yard, the
leasing and sales of vehicles and equipment, and vehicle service/repair) in the C-3(Commercial)
Zone District. Cyndy Giauque,Assistant County Attorney, made this a matter of record. Michelle
Martin, 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 is located east of Weld County Road 9, and north of Weld County Road 6,within the Althen
Boyer Subdivision. She stated the subdivision is located in a C-3(Commercial)Zone District,the
property to the north consists of an auto sales lot,the property to the south consists of trailer sales
and outdoor storage,and the 1-25 Frontage Road runs along the western edge of the property. She
further stated the City and County of Broomfield border the subdivision on the east,south,and north.
Ms. Martin stated two letters have been received from surrounding property owners, which state
objection to the junkyard/salvage yard. She stated Use by Special Review#1476 was approved by
the Board on August 11, 2004, and the proposed amendment to the permit is to include the sales
and leasing of vehicles and equipment,and vehicle service repair. She further stated the application
was submitted in December 2005, at which time the Weld County Code allowed for identification
signs of a maximum of 45 feet in height in the C-3(Commercial)Zone District;however,the current
sign code only allows for a freestanding sign with a maximum height of 25 feet. She stated the
applicant has requested a variance to place a sign on the property that is 39 feet in height, and 144
square feet per face area, and clarified that the proposed sign does not adhere to the current sign
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code requirements. Ms.Martin stated seventeen referral agencies have reviewed the application,
and she displayed photos of the site. In response to Commissioner Vaad, Ms. Martin stated the
requested sign height is comparable to the sign located on the property to the south of the site,and
the applicant believes that a 25-foot sign would not provide good identification of the business.
Responding to Chair Geile,Ms.Martin stated the site is not within the Intergovernmental Agreement
area for the City of Dacono; however, staff has requested that the applicant attempt to meet the
landscaping standards requested by the City of Dacono. Further responding to Chair Geile,
Ms. Martin stated the applicant has met the baseline standards, and the site is not located within a
Mixed Use Development (MUD) boundary.
Char Davis, Department of Public Health and Environment, stated the applicant has applied for a
commercial tap from the Central Weld County Water District, and the building is served by septic
system. She stated the Department has requested a Waste Handling Plan and a Design Operation
Plan for the washbay. In response to Chair Geile, Commissioner Vaad stated the Saint Vrain
Sanitation District does not provide sewer service south of Weld County Road 8.
Don Carroll, Department of Public Works,stated the site is accessed from the 1-25 Frontage Road,
north of Weld County Road 6. He stated the applicant has been diligent to clean up the site, and
additional recycled asphalt has been hauled in and spread at the entrance to the site.
Donnie Fetters, Jr.,applicant,stated he has completed the septic system application and the septic
permit is in place. He stated a water tap has been purchased from the Central Weld County Water
District, and the site no longer utilizes the well located on the property. He further stated the
landscaping on the site has been brought up to standard, and he intends to install more bushes and
complete the screening.
Brian Larson,attorney,represented the applicant, and stated the applicant has agreed to complete
all landscaping and screening requirements, and the applicant has already made significant
improvements by cleaning up the property. Mr. Larson stated the application was submitted prior
to changes made to the sign code, and the proposed 39-foot sign met the requirements at the time
of the submission of the application. He stated the sign will be compatible with other signs within
the area. In response to Mr. Larson, Mr. Fetters stated Dunlap Trailers,the business directly south
of the site, has a sign that is 40 feet in height, and he desires to place a sign on his property that is
equivalent to the signs on surrounding properties. He further stated a billboard sign would be too
large, and a sign 25 feet in height could not be seen from Interstate 25. Responding to Chair Geile,
Mr. Larson stated the applicant has exceeded the baseline standards by cleaning up the property,
and the applicant intends to exceed the Development Standards which have been set forth in the
Resolution. Ms. Martin clarified the applicant is in the process of completing the required work;
however, he has not yet completed all the Conditions of Approval and Development Standards.
Mr. Larson reiterated that it is the intent of the applicant to make the property look as organized and
clean as possible.
In response to Chair Geile, Ms. Martin stated the amended Use by Special Review Permit
application was originally submitted October 27, 2005; however,the application was not deemed
complete until December 7,2005. She stated it is the understanding of the Department of Planning
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Services that the sign limitations are not grandfathered since the permit was not approved before
the changes went into effect; therefore, the applicant must request a variance from the Board.
Further responding to Chair Geile, Ms. Martin stated staff has requested a Sign Plan, which has
been submitted, and the base area of the sign is proposed to be 18 feet by 8 feet. Mr. Larson
clarified the sign is very similar in size and shape to the Dunlap Trailers sign.
Kurt Althen, surrounding property owner, stated he is opposed to the site being utilized as a
junkyard, and he has concerns with the use of the local well water and water drainage. He stated
he is also concerned with junkyard regulations, and Section 601-2, C.R.S., requires that any
junkyard adjacent to a federally-funded highway must have a setback of at least 1,000 feet from the
edge of the right-of-way. He stated the right-of-way for Interstate 25 extends to the edge of the
property,the property is visible from the Interstate, and no amount of screening will block the view
of the site from the Interstate. He further stated he has concerns with declining property values
within the surrounding area of a junkyard. Mr. Althen stated he attended the first Planning
Commission hearing; however, he was not properly notified of the second Planning Commission
hearing, and was not able to attend the meeting to voice his concerns. In response to
Commissioner Vaad, Mr.Althen stated Dunlap Trailers owns the property to the south of the site,
and the company sells flatbed trailers. He further stated the property directly to the north of the site
is a landscaping company, and B and J Auto Sales, an auto repair business, is also located to the
north of the site.
Mr. Larson clarified that the junkyard uses were previously approved during the initial approval in
2004, and were in place when the applicant purchased the property. He stated the applicant is
requesting an amendment to the permit to allow for equipment sales and rental, and it is the intent
of the applicant to operate a business on the property that does not include junkyard uses. In
response to Chair Geile, Mr. Larson stated he, and the applicant, have reviewed, and concur with,
the Conditions of Approval and Development Standards, as proposed.
In response to Commissioner Vaad's suggestion to create a Condition of Approval which would
place a term limit on the junkyard uses, Mr. Larson clarified it is the intent of the applicant to utilize
the site for large equipment rental and sales,and the applicant believes the allowed junkyard uses
would add value to the property if the property were to be sold. He further stated if the applicant
were primarily running ajunkyard business,abiding by the statutes referenced by Mr.Althen would
be appropriate. In response to Commissioner Vaad, regarding comments requiring the junkyard
uses to cease within ten years, Commissioner Long stated he did not think it was appropriate to
propose to limit a prior use which has already been granted approval. Ms. Giauque stated the
application is to amend the current permit, to add new uses, and the hearing should not center on
the junkyard uses. In response to Ms. Giauque, Ms. Martin stated when a permit is amended, all
uses associated with the permit may be discussed, therefore, it is appropriate to discuss the use
of the site as a junkyard and/or salvage yard. Mr. Larson stated it was his understanding that the
junkyard was already in place, and the proper way to gain permission for new uses on the site was
to request an amendment to add the use of equipment rentals and sales. He further stated he was
not aware that the junkyard uses would be open for discussion. In response to Mr. Larson,
Ms. Martin stated Planning staff has held several meetings with the applicant and his attorney,and
it was explained to the applicant that if he desired to include junkyard uses in his application, an
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amendment could be sought to include the equipment rental and sales uses. She further stated the
applicant was made aware that if he did not want to include junkyard uses, the original Use by
Special Review Permit would be vacated, and the applicant would complete a Site Plan Review and
apply for a new permit. She stated the applicant made the decision to include junkyard uses in the
application for amendment. Commissioner Long stated it is the applicant's intent to add additional
uses to the current permit, and the junkyard uses should not be questioned today. He further stated
denial of the application today will not deny the applicant's ability to operate ajunkyard on the facility
since the current Use by Special Review Permit allows for the junkyard uses. Commissioner Vaad
stated he suggested a limit often years for the cessation ofjunkyard uses due to the opposition that
has been expressed concerning the junkyard uses. He stated a major salvage yard is located five
miles north of the site, which is a source of concern to the City of Dacono and the Colorado
Department of Transportation. He stated he realizes the applicant does not intend to expand the
junkyard,and it would make sense for the applicant to consider eliminating all junkyard uses within
ten years, and the site would then be utilized solely for the new proposed uses. He further stated
Federal limitations would not allow the expansion of the junkyard. Mr. Larson stated the applicant
has requested an amendment to the permit, which the Board has the decision of approving or
denying. He clarified if the amendment is denied, the original uses will still be allowed at the site.
He further stated he would need additional time to discuss with the applicant the possibility of placing
a ten-year limitation on the junkyard uses. In response to Mr. Larson, Ms. Giauque concurred that
if the amendment were to be denied by the Board,the current uses would remain on the property.
In response to Chair Geile, Mr. Carroll stated he has visited the site several times, and he has only
seen heavy equipment pieces;there does not appear to be junked equipment on the property. He
stated the site appears to be clean, and it is obvious that the applicant intends to use the site for
equipment rental and some possible storage. Commissioner Vaad moved to add a Condition of
Approval which would state the junkyard operations will cease by December 31,2016. The motion
was seconded by Commissioner Masden. Commissioner Jerke clarified that the applicant will be
utilizing the junkyard use as a secondary,and very insignificant, use. He stated the applicant has
made it clear that he intends to utilize the property for the leasing, sales, and repair of heavy
equipment; however, he most likely would like the flexibility to be able to take in and keep wrecked
machinery on the site. He further stated the applicant has a vested property right,and he is desiring
to add an additional right on the site. He stated he is opposed to the motion of an additional
Condition of Approval limiting the junkyard use. Commissioner Long concurred with Commissioner
Jerke, and stated the junkyard use is a vested right; however, it is clear that the site will evolve into
a sales and rental business. He stated the applicant should be allowed to store machinery in order
to be able to conduct business, and he expressed his opposition to the additional Condition of
Approval. Commissioner Vaad stated CommissionerJerke's comments were very compelling,and
he withdrew his motion. Commissioner Masden withdrew his second.
Commissioner Vaad stated no Conditions of Approval exist regarding the height of the proposed
sign, and moved to waive the 25-foot sign limitation,and to grant a variance for the proposed 39-foot
sign. Commissioner Long seconded the motion. Ms. Martin stated the sign height variance may
be addressed as new Development Standard#2,with subsequent renumbering of the remaining
Development Standards. There being no further discussion, the motion carried unanimously.
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Commissioner Long moved to approve the request of Fusaro, LLC, c/o Donnie Fetters, Jr., for a
Site Specific Development Plan and Amended Use by Special Review Permit#1476 for a Business
(commercial junkyard or salvage yard,the leasing and sales of vehicles and equipment,and vehicle
service/repair) in the C-3 (Commercial) 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,and his motion included the addition of Development Standard
#2, and the renumbering of the subsequent Development Standards. The motion was seconded
by Commissioner Vaad, and it carried unanimously. There being no further discussion,the hearing
was completed at 11:00 a.m.
This Certification was approved on the 16th day of October 2006.
� ��` APPROVED:
BOARD OF CO NTY COMMISSIONERS
Iasi 411—.?4, iy=; WELD COU , COLORADO
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ATTEST: �� I�1,P�i ., le-G6'
PIN1 M. J. eile, Chair
Weld County Clerk to the B.=.����
EXCUSED DATE OF APPROVAL
David E. Long, Pro-Tem
BY: \_ JILL 1 Plitt
Deput Clerk the oard EXCUSED DATE OF APPROVAL
W 'a H. Jerke�n
TAPE #2006-36 U'\�2_a--
Ro rt D. Mas
DOCKET#2006-63 J 42t49
Glenn Vaad
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR #1476 - FUSARO, LLC, C/O DONNIE FETTERS, JR.
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 04/18/2006
and 03/21/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of Sign Posting
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