HomeMy WebLinkAbout20051098.tiff HEARING CERTIFICATION
DOCKET NO. 2005-25
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1493
FOR COMMERCIAL JUNKYARD AND SALVAGE YARD IN THE I-3(INDUSTRIAL) ZONE
DISTRICT - STEPHAN BRANCUCCI
A public hearing was conducted on March 30, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner David E. Long - EXCUSED
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 11,2005,and duly published March 16,2005,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Stephan
Brancucci for a Site Specific Development Plan and Use by Special Review Permit#1493 for a
Commercial Junkyard and Salvage Yard in the 1-3(Industrial)Zone District. Lee Morrison,Assistant
County Attorney,made this a matter of record. Chair Jerke advised the applicant's representative,
Glen Droegemueller,that he has the option of continuing this matter to a date when the full Board
will be present. However, if he decides to proceed today, it will require three affirmative votes, or
in the case of a tie vote,Commissioner Long will listen to the record and make the determining vote.
Mr. Droegemueller indicated he would like to proceed today.
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, which is currently farmed, and reviewed the
surrounding land uses. She stated nine referral agencies reviewed this proposal,three indicated
no concern,four provided comments that have been addressed in the Conditions of Approval and
Development Standards, and staff did not receive correspondence from the West Adams Soil
Conservation District,City of Brighton,or surrounding property owners. Ms. Hatch stated Condition
of Approval#1.A has been met and can be deleted because the applicant did provide staff with a
copy of the agreement with the mineral owners; however, it has not been signed by the applicant
and the legal description needs to be corrected. She requested a new Condition#2.A be added to
state"The applicant shall provide the Department of Planning Services with a signed copy of an oil
and gas agreement with the correct legal description," and renumber the remaining items.
Responding to Commissioner Geile,Ms.Hatch stated the property is currently zoned 1-3(Industrial),
and the proposed use is permitted as a Use by Special Review. In response to Commissioner
Vaad, Ms. Hatch reiterated no correspondence was received from the City of Brighton.
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Char Davis,Department of Public Health and Environment,stated the water source is a commercial
well,sewer service will be provided with a septic system,and the applicant will be required to have
the septic system reevaluated due to the increase in the number of people. Responding to
Commissioner Masden, Ms. Hatch explained the property will be used by a company called
COPART to park cars that have been involved in accidents. She stated the vehicles are stored
intact, then sold on the internet. Ms. Davis added the majority of vehicles are not damaged to the
extent where fluids will leak; however,there is a Waste Management Plan for those rare instances.
Donald Carroll, Department of Public Works, stated the site is accessed from Weld County
Road 27 (Old Highway 85), and the facility will use the existing accesses. He stated there will be
41 parking spaces around the building,and staff has approved the Stormwater Drainage Plan that
was required as a result of having paved parking. Mr. Carroll stated the accesses will match the
grade of Weld County Road 27 with adequate turning radiuses,and he recommends low-boy and
semi trucks enter the site from the south rather than make a tight turn from the north, which has
been included as Development Standard #35. Responding to Commissioner Geile, Mr. Carroll
stated Condition#2.1.6 also addresses the matter of accessing the site from Weld County Road 27,
which is classified as an arterial and requires 140 feet of right-of-way.
Paul Styer, Senior Vice-Secretary for COPART, stated their company is a national provider of
salvage dispositions for insurance companies. He stated they have 100 locations nationwide,
representing a majority of the auto insurance companies, and they have outgrown the Denver
location. Mr.Styer explained they receive the vehicles days or weeks after the accident and typically
any cracked reservoirs have already drained. He stated tow trucks bring in one or two vehicles at
a time,although some of the buyers do bring larger trailers in to transport out several vehicles. He
stated once a claim is settled and they receive the title,it is processed into the insurance company's
name, and then the vehicle is put up for sale on the internet at www.copart.com. He stated they
conduct online auctions and buyers can preview the vehicles. He further stated most of the vehicles
will be coming from the south,therefore,he does not foresee any issues with staffs request to enter
from the south on Weld County Road 27. Responding to Commissioner Geile, Mr.Styer stated the
processing time is the key to the success of the business because insurance companies want to
close the files. He stated they are constantly monitoring vehicle status, and the national average
a vehicle remains at a facility is 60 days, although it can be longer if the vehicle is involved in a
special investigation. He stated there will be 45 customer parking spaces, the office will house
administrative staff,the application materials indicate they will have a maximum of 20 employees,
and the warehouse will be for storage of materials and an occasional vehicle if a customer requests
inside parking. In response to Chair Jerke,Mr.Styer stated they are proposing an eight-foot metal
fence for visual screening and security of the vehicles. He explained the majority of the storage is
for passenger vehicles; however, they do receive some commercial vehicles or excavation
equipment,and they have agreed to designate a four-acre area within the site for vehicles taller than
eight feet. Ms.Hatch stated the applicant hired a specialist to study the site and they found the four-
acre site would not be visible from surrounding properties. She further stated the proposed
screening for the remainder of the site should be adequate. Mr. Droegemueller stated Condition
#2.G requires a Waste Handling Plan,which will address what happens to fluids from vehicles that
come to the site. He stated there are three accesses to Weld County Road 27 and they have
agreed to use the main access in the center, the perimeter of the site will be fenced, the existing
house and trailer will be removed, and they will be accessing the site from the south. He further
stated they negotiated and came to an agreement yesterday with the mineral owners,the original
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has been mailed to the corporate office for signatures, and the legal description will be corrected
before the document is finalized. Commissioner Geile commented adding Condition #2.A, as
proposed by staff, will allow them more time to complete the signature process. In response to
Commissioner Masden, Stephan Brancucci,applicant,stated Aggregate Industries did a dry mine
in the area which dried up the domestic wells, therefore, many properties have no water at all to
operate this year and senior wells only have 50 percent. Responding to Chair Jerke,Mr.Brancucci
stated the property was tested prior to the Change of Zone and the quality and quantity of gravel was
not economically feasible to mine.
Mr. Droegemueller stated paragraph 2.b needs to be modified to delete"an insurance company,"
Condition#3 will need to be modified to reflect the deletion of Condition#1.A, and Development
Standard #34 needs to be deleted since there is already a Condition requiring a Surface Use
Agreement.
Robert Orozco, representing his parents who live on 2.7 acres adjacent to the northwest corner of
the subject property,stated Mr.Brancucci's property is currently being farmed and the zoning was
recently changed to industrial. Mr. Orozco expressed concern with potential impacts to the lake
located west of the site, reduced property values, and health hazards caused by vehicle fluids
seeping into the groundwater regardless of whether they are dismantled or not. He stated the view
to the west will be blocked by an eight-foot fence and the proposal is not consistent with the
surrounding agricultural uses, and he submitted photographs of their property, marked Exhibit F.
Responding to Chair Jerke,Mr.Orozco stated it is approximately 84 feet from the residence to the
south property line, and 97 feet to the west property line. He also expressed concern with noise
generated by large trucks transporting vehicles and increased traffic on Weld County Road 27.
Commissioner Geile reviewed the uses allowed by right in the 1-3 Industrial Zone District for the
record. Mr. Orozco stated the site is bordered by agricultural uses to the east and north, and his
primary concern is the potential impact to his parent's water well. Responding to Commissioner
Masden, Mr. Orozco stated they purchased their home in November 1999. Commissioner Vaad
stated it is difficult to mitigate the view corridor; however,the Board can address potential impacts
to groundwater. Responding to Commissioner Vaad, Ms. Davis stated waters of the State are
regulated through the State,and the neighbors do have the right to request their well be monitored
and tested by the State. Ms. Davis stated she does not believe the proposed use will generate a
substantial amount of fluids. Chair Jerke stated it would be beneficial to establish a baseline and
report adverse effects if problems arise in the future. Mr. Orozco referenced a study from the
University of Florida, marked Exhibit G,which he reviewed for the record,and expressed concern
with cars being crushed if they are not sold within a designated amount of time. There being no
further comments, Chair Jerke closed public testimony.
Mr.Styer stated COPART operates 100 facilities, many are in residential areas,and they have not
had any issues with contaminated drinking water. He stated the vehicles are in tact, most of the
reservoirs are empty, they do have spill plans, and the proper is equipment in place to deal with
spills. He further stated their procedures have been tried and tested over the years for cleanups.
Responding to Commissioner Geile, Mr. Styer stated their plans will comply with Development
Standard #3 of the Draft Resolution. Mr. Morrison referenced Exhibit G regarding the Best
Management Practices,submitted by Mr.Orozco. Mr.Styer stated COPART is not a traditional junk
yard or recycling facility,and they do have a Stormwater Plan. Mr.Carroll indicated the location of
the stormwater detention pond. Chair Jerke commented there are many regulations being imposed
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on the applicant to ensure there are not impacts. Mr. Droegemueller stated Development Standard
#3,#6,#12, and#26 address the concerns expressed by the neighbors. Commissioner Masden
stated Development Standard#16 is all-encompassing regarding compliance with all applicable
rules and regulations of State and Federal agencies. Commissioner Masden indicated concern with
the proposed location of the stormwater detention pond. Mr. Carroll stated it is in close proximity
to the parking lot since it is a paved surface, and it is not intended to retain stormwater from the
entire site. Mr.Morrison stated the design from Public Works is not a health related matter, rather,
it addresses controlling the historic rate flowing from a non-permeable surface, and it does not
address the runoff from the area where the inventory is stored.
Peter Schei, Department of Public Works, stated detention areas may be lined if there is concern
with contamination;however,the proposed detention pond does not address the inventory storage
area. Pam Smith stated the topographic lines indicate the drainage flows from east to west toward
the lake and river, and away from the Orozco property.
Chair Jerke recessed the hearing until 1:30 p.m. Upon reconvening,Mr.Carroll stated the applicant
is proposing to relocate the retention pond from the north end down to the south,and re-grade the
paved parking to make sure it all drains to the south. He stated this will eliminate storage of water
adjacent to the neighbor's well. Mr.Styer stated they have also agreed to pay for the neighbor's well
water monitoring on an annual basis,and submitted a copy of the spill response plan. Responding
to Commissioner Masden, Ms. Davis stated she spoke briefly with the neighbors regarding the
changes. She stated the spill response is already in place for COPART, and it is very thorough.
She requested the Board add a Development Standard stating the applicant will operate in
accordance with the plan. In response to Mr. Morrison,the Board indicated the Best Management
Practices document should be included in the record,marked Exhibit H. Ms.Davis proposed adding
a new Development Standard #7 to state, "The applicant shall operate in accordance with the
approved Best Management Practices and Emergency Spill Response Protocol, provided by
COPART,"and the Board concurred. She also requested a new Development Standard#8 to state,
"Well water testing shall be performed annually for the neighbors located at 1391 Weld County
Road 27, Brighton, Colorado,and the applicant,COPART. This testing shall be performed by the
Weld County Department of Public Health and Environment. COPART agrees to bear the cost of
this testing for both parties,"and the Board concurred. Mr.Carroll stated the applicant has agreed
to move the detention pond which will need to be relocated on the plat and with the same label as
currently shown. Responding to Chair Jerke, Ms. Davis stated COPART faxed the requested
documents to her over the lunch hour, and they are addressed in Development Standard#7. Mr.
Droegemueller reviewed the requested change to paragraph#2.b, and requested Development
Standard #34 be deleted since it will be addressed by the new Condition #2.A, and to modify
Condition #3 to reflect that Condition of Approval #1.A is deleted.
Commissioner Vaad commended the applicant for working to address the concerns of the
neighbors regarding groundwater due to the sandy soil conditions in the area. Commissioner Vaad
moved to approve the request of Stephan Brancucci fora Site Specific Development Plan and Use
by Special Review Permit#1493 for a Commercial Junkyard and Salvage Yard in the 1-3(Industrial)
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
also included deleting Condition#1.A,inserting a new Condition#2.A to state,"The applicant shall
provide the Department of Planning Services with a signed copy of an oil and gas agreement with
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HEARING CERTIFICATION - STEPHAN BRANCUCCI (USR#1493)
PAGE 5
the correct legal description,"correct Condition#3 to reflect the deleting of Condition#1.A, add a
new Development Standard #7 to state, "The applicant shall operate in accordance with the
approved Best Management Practices and Emergency Spill Response Protocol, provided by
COPART," add a new Development Standard#8 to state, "Well water testing shall be performed
annually for the neighbors located at 1391 Weld County Road 27, Brighton, Colorado, and the
applicant, COPART. This testing shall be performed by the Weld County Department of Public
Health and Environment. COPART agrees to bear the cost of this testing for both parties,"delete
Development Standard#34,and renumber or reletter accordingly. The motion was seconded by
Commissioner Masden,and it carried unanimously. There being no further discussion,the hearing
was completed at 1:50 p.m.
This Certification was approved on the 4th day of April 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
I� WELD COUNTY, COLORADO
rir, 4e t ��"!/✓ll e•. ,ri d
sbi William H. rke, Chair
unty Clerk to the Board
M. J. ei e,Y:
Deputy Clerk to the Board EXCUSED
EctlErs Long
TAPE #2005-19
t )
Robert D. r s
DOCKET#2005-25 4
Glenn aad
2005-1098
PL1769
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1493 - 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 01/04/2005
and 02/15/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F. Robert Orozco 8 photographs of site
G. Robert Orozco Environmental Impacts of Auto Salvage
Facilities and Their Regulation - Florida
State University Study, dated November
2000
H. Applicant Emergency Spill Response Plan,
03/30/2005
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF MARCH, 2005:
DOCKET#2005-24 -ALICIA VASQUEZ
DOCKET#2005-25- STEPHAN BRANCUCCI
DOCKET#2005-26 AND#2004-37.A -WAKE, LLLP, C/O CLIFFORD CLIFT AND PAUL CLIFT
PLEASE legibly write or print your name and complete address.
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