HomeMy WebLinkAbout20050997.tiff HEARING CERTIFICATION
DOCKET NO. 2005-15.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1416 FOR A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICT (DISPLAY FIREWORKS STORAGE AND FIREWORKS EQUIPMENT
STAGING FACILITY, ALONG WITH AN OFFICE) IN THE A (AGRICULTURAL) ZONE
DISTRICT -WILLIAM AND ANN STONEBRAKER
A public hearing was conducted on April 13, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated February 18,2005,and duly published February 23,
2005, in the Fort Lupton Press, a public hearing was conducted on April 13, 2005,to consider the
request of William and Ann Stonebraker for a Site Specific Development Plan and Amended Use
by Special Review Permit#1416 for a Use Permitted as a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial Zone District(display fireworks storage and
fireworks equipment staging facility,along with an office)in the A(Agricultural)Zone District. At said
hearing the Board deemed it advisable to refer the matter back to the Planning Commission due to
public testimony indicating a lack of notification to surrounding property owners for the Planning
Commission hearing on January 18,2005. Following a pre-advertisement request,and pursuant
to a notice dated March 25,2005, and duly published March 30, 2005, in the Fort Lupton Press, a
public hearing was conducted on April 13,2005,to reconsider the matter. Lee Morrison,Assistant
County Attorney,made this a matter of record. Chair Jerke advised the applicant's representative,
Beverly Snyder, President of Stonebraker-Rocky Mountain Fireworks, that she has the option of
continuing this matter to a date when the full Board will be present. However, if she decides to
proceed today, it will require three affirmative votes,or in the case of a tie vote,Commissioner Vaad
will listen to the record and make the determining vote. Ms. Snyder indicated she would like to
proceed today.
Chris Gathman, 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 this amendment is proposing three warehouses and an office for a fireworks staging facility,
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and he gave a brief description of the location of the site and surrounding land uses. Mr. Gathman
stated twelve referral agencies reviewed this proposal; nine responded favorably or provided
comments that have been addressed in the Conditions of Approval and Development Standards.
He did not receive a response from the Southeast Weld Soil Conservation District, Bureau of
Alcohol, Tobacco and Firearms (ATF), or the Division of Wildlife, and the Southeast Weld Fire
Protection District did submit a letter at the Planning Commission hearing on April 5, 2005. Mr.
Gathman stated he has phoned and faxed the application to the local ATF Division in Denver;
however, he has not received any response on this matter. He stated he also talked with the
Mountain View Fire Protection District regarding the existing facility adjacent to Weld County
Roads 11 and 8 and the District indicated no concerns with that facility. He further stated he
received one letter of opposition regarding increased traffic and dust on the County roads, and
setbacks from oil and gas facilities. Mr.Gathman stated the Board approved the original application
on April 2,2003,for a storage facility located near the center of the property, and this amendment
is proposing a 38,400-square-foot warehouse,and one office facility,with the future expansion of
up to 15 employees. He stated the property has been approved for a commercial well permit for
indoor use only,and there will be a daily total of 20 vehicle trips,with the potential for 25 to 50 trips
during the busy season. To address neighborhood concerns, staff is requiring a 30-foot, signed
access easement, and the GIS Division has indicated there is not an oil and gas flare on the
property. He stated the original application indicates the applicants are the sole mineral owners;
however, they did sign a lease in September 2003, following the original approval. Mr. Gathman
displayed an overhead showing the location of the original and proposed structures,and responding
to Commissioner Masden,he indicated the location of the oil and gas facilities in the southwest and
southeast corners of the property. In response to Chair Jerke,Mr.Gathman stated the truck driving
school is located to the west, and he displayed photographs of the area. He stated the applicants
will temporarily have fireworks in one of the proposed buildings, and at the Planning Commission
hearing,the Building Official indicated a sprinkler system would be required for the staging building.
Responding to Commissioner Masden, Mr. Gathman stated the fireworks storage bunkers were
approved under the original permit,and before the fireworks displays are transported,the applicant
will temporarily have fireworks in one of the buildings for assembly.
Char Davis, Department of Public Health and Environment, stated water is provided by a
commercial well and sewage service is provided by an engineered septic system. Ms. Davis stated
she received the Waste Handling Plan, which has been approved, therefore, Condition of
Approval#1.D can be deleted. Responding to Commissioner Masden, Ms. Davis stated the trash
hauler will remove packing materials,etcetera,and the Waste Handling Plan does not address the
disposal of damaged hazardous materials. (Switched to Tape #2005-21.)
Donald Carroll, Department of Public Works, stated the easiest access is from the 1-76 Frontage
Road to Weld County Road 53,and then onto Weld County Road 18,which is also the same route
used by the adjacent truck driving school. He stated the school is providing dust abatement in front
of each residence along the route, and staff is requesting additional dust control in front of the
residence directly north of the access point for the subject property. He further stated around the
Fourth of July holiday the application indicates 25 to 50 vehicle trips per day,and 20 trips on normal
days. He stated there is an average daily traffic count of 145 vehicles on Weld County Road 18,
which is a local gravel road,and paving is not anticipated for the next five years. He stated Lot A of
the original Recorded Exemption will need to grant access to service the proposed amendment
facility. Responding to Commissioner Geile, Mr. Gathman explained Development Standard#5
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references eighty vehicle trips during the peak season, which is based on an average of 50
customer trips,in addition to the 30 trips generated by a maximum of 15 employees. He stated the
normal hours of operation will be from 6:00 a.m.to 7:00 p.m.,and extended to 10:00 p.m.during the
holiday season. In response to ChairJerke, Mr.Carroll stated the dust suppressant is applied twice
a year, or as needed, for a distance of 300 feet in front of the residences, and the grader division
indicated the road is in good condition. In response to Commissioner Geile,Mr.Carroll stated there
is an average daily traffic count of 145 vehicles without this facility,and staff can require additional
dust suppressant during the peak season, if needed. In response to ChairJerke, Mr.Carroll stated
the access is at the half-section line, and Lot A is owned by the applicant's daughter.
Ms.Snyder stated her family has been in this business since the 1930's,her parents partnered with
her grandfather in the 1950's, and this summer will be their 50th anniversary in the business. She
stated the current facility is located near the City of Dacono,and they chose this site to allow them
more room to grow since the current facility is being surrounded by homes and businesses. She
stated this parcel allows them adequate room to meet setback requirements, and the land is not
suitable for cultivation. They have constructed four storage magazines, and they now need
buildings for the storage of the equipment used to create fireworks displays,as well as an office for
employees and for customers to complete the necessary paperwork. Ms. Snyder stated the
proposed location of the buildings will have the least impact on the existing agricultural portion of the
property,and the soil conditions are better suited for drainage and a septic system. She stated her
sister will move into the new home soon,and her mother will move into the mobile home in the next
year. Responding to Commissioner Geile,Ms.Snyder explained the fireworks are kept in storage
magazines on the original permit site, and they plan to transport the fireworks from the storage
magazines to the warehouse where they will be turned over to the customer for pickup. She stated
the employees are trained in safety emergency procedures,and they are working with the Southeast
Weld Fire Protection District to address its safety measures. She further stated the Southeast
Weld Fire Protection District presented a letter at the Planning Commission hearing indicating it
would not enter the premises, rather, it will evacuate the surrounding properties in the event of an
emergency. Ms.Snyder reiterated her sister will live on the property for security purposes,and the
storage magazines consist of a 40-foot steel structure lined with drywall and covered nails in
accordance with ATF specifications. The storage magazines are vented, secured with a
double-locking device, situated on concrete pads that are surrounded with gravel to prevent the
spread of fire,and separated by specific distances depending on what is being stored. She further
stated they have never had a fire or explosion. Responding to Commissioner Masden, Ms.Snyder
stated if the fireworks are damaged and not usable they are returned to the supplier or detonated
by a local bomb squad. She stated the transportation of fireworks or hazardous materials is
regulated by the Colorado Department of Transportation (CDOT), the inventory generally comes
from overseas in shipping containers,and she read the definition of a low explosive from the 2003
International Building Code for the record.
Christopher Ernst,attorney,stated he represents Jim and Helen Ries,Nelly and Don Morgan,and
Randall and Christine Curl. He questioned who is allowed to purchase explosive fireworks and if
there is a permit for transporting. Mr. Ernst stated Chapter 33 of the International Fire Code
addresses the proper procedures for the handling and disposal of damaged explosive materials,and
Section 3305 requires a Hazardous Materials Management Plan and Inventory Statement to be
submitted to the local emergency planning committee, fire code official, and the local fire
department. He referred to his letter,dated April 13, 2005, marked Exhibit I, and he reviewed the
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criteria the Board must consider in approving a Use by Special Review Permit. He requested the
application be denied and that the Board adhere to its standards. He stated the application does not
comply with the Weld County Comprehensive Plan because the proposed use is not related to
agriculture, and there is insufficient public services and facilities to support the use in a rural
location. He further stated staff is requiring fire sprinklers; however, the applicant has obtained a
commercial well permit which produces 15 gallons per minute,which is not sufficient to supportfire
flow. Mr. Ernst stated Weld County Road 18 is adequate for agricultural and residential use;
however, his clients have expressed concern with the negative impact on the road caused by the
proposed use. He stated the Planning Commission members also expressed concern with
compatibility and compliance with other codes, such as the International Fire Code and Building
Code and federal codes used by the ATF and CDOT. He questioned how the current and proposed
uses are related to agricultural uses,and stated the intent of the Agricultural Zone District is to allow
uses which will not interfere with agricultural uses. Mr. Ernst stated the primary concern deals with
the health,safety,and welfare of County residents. He stated the applicant's testimony indicates
they will attempt to repair damaged fireworks,which is an act of manufacturing,and that falls under
even more regulations. He stated the applicants should be required to demonstrate how they will
comply with the requirements. He stated his clients live in the area and understand the nature of
the surrounding uses, and although there has never been an accident related to the applicant's
business, they have not shown how they will comply with the regulations.
Nelly Morgan,surrounding property owner,submitted photographs of the site,marked Exhibit L,and
stated the oil and gas trucks use the same road proposed to be used by the applicant for the
fireworks facility, and she reviewed the surrounding land uses. Ms. Morgan stated some of the
Planning Commission members approved the proposal; however, they indicated concern. She
stated the applicant visited each of the neighbors and indicated they had no intention of applying for
warehouse functions;however,during the original hearing,they reviewed the ten-year plan,which
included the proposed uses and listing the Dacono property for sale. Ms. Morgan stated the
applicant is mentioned in a report from the U.S.Consumer Product Safety Commission, indicating
their devices contained excessive pyrotechnic power, were unstable, had fuses that burned too
slowly or too fast, had inadequate labels, and failed to comply with safety regulations. She stated
the applicant has failed to file a Tier II Report with the Colorado Hazardous Materials Division,and
she has a meeting set up with the Environmental Protection Agency(EPA)on Friday to address the
matter of noncompliance. Ms. Morgan stated the applicant indicated black powder is not explosive;
however, the applicant has 40,000 pounds of explosives stored in containers, which she feels is
very dangerous. She stated the Southeast Weld Fire Protection District response time depends
on whether there is a train on the tracks, and although there are three accesses to this property, it
is not a short distance for emergency response. She stated there is a lot of traffic, the increased
dust will impact the area livestock,the local fire department has not adopted the International Fire
Code,and a sprinkler system may not be adequate. She further stated the applicant indicated one
set of plans to the neighbors and then applied for something different, and the proposed use will
hinder the activities of the neighbors. Ms. Morgan read the letter and submitted photographs,
marked Exhibits N and O, from Don and Sally Ozbun, who were not able to attend.
Christine Curl,surrounding property owner,stated she lives north of the site across Weld County
Road 18,and she indicated the locations of other residences in the area,as well as the oil and gas
facilities which where installed shortly after the original approval. She stated she has a degree in
Real Estate from the University of Denver and she studied the highest and best use of property. Ms.
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Curl stated this is a high industrial use proposed to be located in a rural area,therefore, it belongs
in an industrial park. She stated the traffic count was done in the summer before the truck driving
school was operating, therefore, it does not account for the increased truck traffic and student
activities during the school year,and the proposed use should not be allowed to use the same roads
as school buses. She expressed concern with the hours of operation seven days a week, and if
approved,she requested the hours be adjusted similar to the hours of the truck driving school. She
stated the primary issue is the condition of the road. She stated there are no plans for paving the
road,the borrow ditches have been cleared to carry Henrylyn Irrigation water,which resulted in a
narrower road and increased traffic hazards for the existing traffic that travels at excessive speeds.
Ms. Curl stated the truck driving school has not complied with its conditions, the traffic count is
inaccurate,and the road is not adequate for additional traffic loads. She read Section 23-2-240.A.8
of the Weld County Code for the record,and stated there will be large,slow-moving vehicles,as well
as speeding vehicles. She stated this use will be required to pay the same road impact fee as the
regular residents in the area; however,she feels the applicant should be responsible for more since
this is an industrial use creating a larger impact on the road. She stated they did not attend the first
hearing because they trusted the applicant's initial presentation of their intentions; however, it is now
apparent this use would be better suited in an industrial park.
Helen Ries,surrounding property owner,stated dust abatement materials have not been placed on
Weld County Road 18 for some time,and the abatement plans are not being enforced. She stated
the applicant indicates they will be"staging"fireworks which means to combine,setup,or prepare.
She stated there is not an apparent relationship between fireworks and farming,there are industrial
parks in Hudson and Keenesburg suited for this industrial-type use,and she does not want this use
in their residential area. Ms.Ries stated it seems unusual that there are significant precautions for
the storage of fireworks; however, once they are assembled, they can be transported in a pickup
with minimal regulations. She stated there are inexperienced truck drivers on the road,many drivers
run the Stop sign at Weld County Road 53, the neighborhood is less safe, and she fears the
employees may not be adequately trained.
Barbara Janda, County resident, indicated concern with proceeding with this process without a
response from the ATF, and she feels the application should be continued or denied until an
adequate response is received.
Ellen Swieter,surrounding property owner,expressed concern with the combination of residential
and industrial uses,which may result in decreased property values and increased taxes, and she
requested clarification regarding the assembly of fireworks in preparation for shipping. Ms.Swieter
stated the Keenesburg Fire Protection District has not had training, there is no bomb squad in
Keenesburg or Hudson, and the proposed facility is within close proximity of 1-76. She stated the
average daily traffic count is not accurate since it was done over a holiday,the road maintenance
crew has indicated Weld County Road 18 has a poor base that is difficult to keep maintained,and
the road conditions are potentially dangerous. She stated the trucks from the driving school do not
follow the appropriate route,and the Board should not allow the abuses of the rules to continue. Ms.
Swieter stated this proposal will impact the residents' quality of life, and residential growth will
continue in this area, which may result in similar compatibility problems which the applicant is
experiencing at their current facility. Chair Jerke stated the County has a bomb squad and the
municipalities can coordinate with the County to handle emergency situations.
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Chris Badding, surrounding property owner, stated his primary concern is the road condition and
safety. He stated the Department of Public Works indicated it takes approximately 500 vehicles per
day before it will consider paving a road. He stated Weld County Road 18 is graded once a week;
however, the truck traffic causes a lot of damage, and additional traffic will only increase the
problems. Mr. Badding stated the roads have also been narrowed by the recent ditch maintenance,
and continued growth in the area will add even more traffic. Responding to Commissioner Masden,
Mr.Badding stated the road grader indicated he pulled material from the ditches to maintain the road
base,and now the road is too narrow since both the borrow ditches have been cleared. He stated
although the County makes an attempt, it is too difficult to keep up.
Don Morgan, surrounding property owner, submitted a letter, marked Exhibit P,which he read for
the record. He stated the truck driving school is mobile;however,this would be a permanent facility.
He stated at the Planning Commission hearing, Mr. Gathman requested an ATF inspection be
conducted prior to approval;however,that has not been completed. He further stated the existing
facility has shown a good record and he has not heard any negative comments regarding that site,
therefore,he proposed the applicant relocate to one of the other properties they already own in that
area. He submitted photos of the existing area and surrounding uses, marked Exhibit Q, and
questioned whether CDOT has transportation requirements regarding the potential facility. Chair
Jerke stated the referral response from CDOT indicated no concerns.
Jim Ries,surrounding property owner, expressed concern with the safety of an operation that will
receive and transport explosives. He stated the hours of operation include times when the school
buses and student truck drivers are using the roads. He stated the roads are not adequate, there
have been two fatalities in the last 14 years,as well as various traffic accidents at the intersection
of Weld County Roads 53 and 18 when the traffic volume was significantly less than it is now. He
submitted a document and site maps, marked Exhibits R and S. He referred to the maps and
explained the location of the access,surrounding residences,and two existing gas wells. He stated
there is a flow line that extends from the east well, past the west well, to a heater-treater tank
battery, and he expressed concern with future building that may be located on top of the flow line.
Mr. Ries referenced Exhibit R and stated the proposed layout does not meet the setback
requirements from 1-76, which is 300 feet from the southern boundary of the storage area. He
stated the proposed buildings will be classified Type S-1 and H facilities,which require a sprinkler
system. He stated the citizens of the area have concern with safety and setbacks, and noted the
AFT addresses distances between storage containers;however,it does not address setbacks from
residences and other surrounding uses. He stated the request for 13 storage units on 13 acres
does not meet the County, CDOT,or ATF requirements. There being no further comments, Chair
Jerke closed public testimony.
Chair Jerke recessed the hearing until 1:30 p.m. Upon reconvening, Ms.Snyder stated they have
operated from the eight-acre property in Dacono for 35 years. She clarified that property is not for
sale;however,part of the agricultural portion has been sold,and the remaining agricultural portion,
which is used for storage,will be sold next year. She stated they searched for a location that has
open space to address the inherent safety hazards,versus an industrial site that is unfit due to the
close proximity to other activities and people. She stated the site was purchased three years ago,
and, at that time, her father determined most of the land was not suitable for cultivation; however,
by using small portions for the operation,the remaining prairie area would maintain nice views since
the storage bunkers are beige and blend into the landscape. Ms. Snyder stated their product can
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only be purchased with a special permit from the ATF,it is an eight-week process to obtain a permit,
and the customer must have their own storage before purchasing. She stated they do possess a
U.S. Department of Transportation Hazardous Materials Transportation Permit, as well as a
Colorado Public Utilities Transportation Permit, the drivers must have a CDL license or provide
evidence of their exemption through training with a Fire District,and they provide safety training for
their drivers and employees on a regular basis. She further stated their last audit was two years
ago,their Hazardous Materials Permit is up for review in June,and they will also have a CDOT audit
around that time. She explained they have sold the consumer portion of the business,and although
they were operating like all other fireworks facilities,the U.S.Consumer Safety Commission found
that many of the samples taken from overseas shipments had problems. In order to get the industry
to change, five companies were randomly selected and issued Consent Decrees to make an
example. She stated it was a hardship for their business; however, it did result in better products
coming from China and a better industry overall. She stated the ATF regulates the distances
required between storage units and various other uses, and the information provided by Mr. Ries
regarding CDOT distances deals with high explosives. She reiterated their business deals with low
explosives and they are in compliance with ATF regulations. Ms.Snyder stated they applied to the
ATF in 2003 for this facility, the permit was issued, and she expects the ATF will be out to do an
inspection soon since they have commenced with storage on the site. She stated the company that
installed the gas wells is aware of the substances being stored on the property and has taken that
into account for proper setback distances. She stated the peak season is from July 1 to July 6 when
people are coming to pick up the displays and then return the equipment, and the application
included exaggerated hours and days of operation to address years when the holiday falls on a
weekend. She stated ten months of the year they typically operate from 8:00 a.m.to 4:00 p.m.,with
occasional work on Saturdays preparing fora show. During the peak season they often start at 5:30
a.m. to deliver the product and get setup on a site in an effort to avoid summer afternoon storms.
She stated the ponds and wildlife will not be disturbed, and they can board horses on the pasture
area. She requested a Condition of Approval regarding the construction process,which may help
address the concerns of the neighbors.
In response to Commissioner Geile, Ms.Snyder stated they have an agreement with the oil and gas
company,and they will be sharing the access road. She further stated they will be working closely
with the Department of Building Inspection and the local Fire District,which has indicated it will soon
be adopting the International Fire Code. Upon review of photographs marked Exhibit Q,Ms.Snyder
stated the picture was taken from a property adjacent to the Dacono facility, and the pallets and
miscellaneous items are not on their property. Regarding the photographs, marked Exhibit L,she
stated the four storage units are located at the subject site, and the truck driving school is located
on an adjacent property. She further stated they intend to store all of their equipment in the three
proposed buildings,with the exception of some trailers that may need to remain outside until all the
units are complete. Responding further to Commissioner Geile,Ms.Snyder stated they are willing
to work with the appropriate agencies to ensure they remain in compliance, and they do not have
trailers parked at the site on a permanent basis. She explained they do rent flat bed trailers during
the busy season to assist in making all of the deliveries, so there will be more visibility and activity
during the peak season. In response to Mr. Morrison, Commissioner Geile referred to
Section 22-4-180.A of the Weld County Code dealing with hazardous waste, and questioned
whether this applies to the proposed use. Mr. Morrison stated although this facility may deal with
hazardous materials,there are specific definitions regarding what is classified as hazardous waste.
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Responding to Commissioner Masden,Ms.Snyder stated they will continue working with the County
staff regarding fire sprinkler systems in the buildings; however, it is possible to get a special well
permit for sprinklers,or use chemicals versus water. Roger Vigil, Building Official,stated the Code
requires sprinklers, and there are various design options, including on-site water storage tanks.
Responding to Commissioner Masden, Mr. Morrison clarified if a sprinkler system is required,on-
site storage is not an absolute requirement, there may be other options. Chair Jerke stated it
appears that it will be up to the applicant, Building Inspection Department,and local Fire District to
determine the best means for meeting the requirement. Mr. Morrison stated the applicant is
responsible for proposing a design,which is then reviewed for approval by the appropriate agencies.
In response to Commissioner Masden, Ms.Snyder stated they provide various training programs
for the people who do the shows and the drivers, and they would be willing to bring in an outside
speaker to provide training to the local fire department. She stated the Fire District's standard is to
stay away from the specific fireworks facility and secure the outside area to prevent fire from
spreading. She further stated the broad hours of operation address the occasional instances when
they will need to work early or late or weekends,and they would be agreeable to limiting increased
traffic to a one-week window around the Fourth of July holiday. Ms. Snyder stated the application
materials include the site distances required by the ATF, and the standards provided by Mr. Ries
in Exhibit R deal with high explosives,the amounts are per container,not the cumulative amount on
the property. In response to Mr. Morrison, Ms. Snyder stated this operation is subject to the ATF
Regulations listed under Section 27 CFR 555.219 for low explosives and Section 27 CFR 555.224
display fireworks. Responding to Commissioner Long, Ms. Snyder stated the ATF does not
consider bulk salutes to be high explosives when they are mixed with low explosive display shells
for shipping purposes. She stated once they are mixed they fall under CDOT 1.3G transportation
regulations. Mr.Vigil stated based on the applicant's description of Class B explosives,the building
would be classified as H-2,which would need to have a sprinkler system. Chair Jerke commented
it is encouraging to hear there is a building classification that would accommodate the applicant's
proposal. In response to Commissioner Masden,Ms. Snyder clarified they will not have full cases
of bulk salutes on the site;they will be mixed with low explosives as part of a 1.3G shipment. She
further stated they are already mixed when they come from the other facility, and the proposed
warehouses will not have any overnight storage of 1.3G product. Responding to Chair Jerke, Ms.
Snyder explained throughout the year,the primary use of the buildings will be cleaning the mortars,
reconditioning the electrical equipment,and organizing all of their materials for future orders. She
stated they currently have three employees at the other facility on Weld County Road 11, a
salesman on the road,an office assistant in Denver,and herself. Under this proposal,they may add
two more part-time employees and 10 to 20 one-day employees that shoot the shows during the
busy season. Responding to Commissioner Long, Ms. Snyder stated the people who shoot the
shows are regular employees that come each year;however,they occasionally hire temporary staff
that must pass a background check,be at least 18 years old,come with recommendations,and are
trained in all of the safety aspects of the business.
Chair Jerke suggested modifying Development Standard #11 to require a minimum of two dust
control applications per year, or more as needed, to provide additional assurance to the
neighborhood. Ms. Snyder stated they will follow the criteria and requirements,which will result in
improved roads for the neighborhood. Responding to Chair Jerke, Ms.Snyder stated she and the
applicants have reviewed and concur with the Conditions of Approval and Development Standards
as proposed and modified.
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Commissioner Masden stated most of the testimony has dealt with the condition of Weld County
Road 18. Mr.Carroll stated he contacted the grader foreman who indicated they have been pulling
in the shoulders and cleaning the ditches; however,once they put it back, it was within the County
standard of 24 to 26 feet in width to accommodate two-way traffic. He stated the grader foreman
will be monitoring the stretch of road to determine if dust control is needed, as well as taking
complaints from the neighbors and assessing whether additional dust control is needed.
Responding to Chair Jerke, Mr.Carroll stated the intent of Development Standard#11 is to require
a minimum of two times per year,with the ability to require more applications if needed. He stated
the truck driving school was approved in April 2004,and the traffic counts on Sunday,June 30,and
Monday, July 1, 2004, reflected 116 and 145. He further stated Waste Services requested the
neighbors provide license plates and times the trash trucks are using the incorrect haul route,which
will allow them to address the matter within individual employees. Commissioner Masden
expressed concern with the training of the employees and the limited ability of the local fire
department, therefore, based on health, safety, and welfare issues, he does not support the
applicant's request.
Chair Jerke stated staff indicated Condition#1.D has been met and can be deleted,and the Board
concurred. He also proposed modifying Development Standard #11 to state, "Dust control
applications shall be provided a minimum of twice per year, or more as determined by the
Department of Public Works,on Weld County Road 18,in front of the neighboring property across
Weld County Road 18, to minimize impact to the adjacent property owner," and the Board
concurred. Mr. Gathman stated for most of the year the hours of operation will be from 8:00 a.m.
to 5:00 p.m.,with occasional instances for early hours. He proposed setting the standard hours of
operation,with the option for the applicant to submit a written request to the Department of Planning
Services or Board of Commissioners for extended hours on specific dates. He stated they could
also add a Development Standard stating there will be no outdoor storage,with the exception of the
temporary staging,and all vehicles and equipment on the site. Mr.Gathman proposed modifying
Development Standard#4 to state, "The hours of operation shall be from 8:00 a.m. to 5:00 p.m.
Longer hours of operation may, on a temporary basis, be allowed provided the Department of
Planning Services is notified in writing." Chair Jerke stated it is obvious the applicant would need
extended hours around the Fourth of July holiday,and Commissioner Long added there will also be
instances where communities are having separate celebrations which will require the applicant to
open early to make a delivery. The Board concurred to keep the hours of 6:00 a.m. to 7:00 p.m.,
with the exception of the Fourth of July holiday. Mr. Gathman also proposed the addition of
Development Standard#6 to state,"There shall be no outdoor storage of vehicles and equipment,
with the exception of temporary staging of vehicles and equipment." In response to Commissioner
Long, Mr. Morrison agreed that a fire sprinkler system is covered by the Plan Review,and they will
need to determine the design. Mr.Vigil questioned whethera water holding tank should be included
in the Use by Special Review Permit. Commissioner Long stated the need for adequate water will
determine the design and what permits are required.
Commissioner Long stated he supports the request because the applicant has the necessary
experience, it appears to be more compatible with a rural climate than residential or an industrial
park,and they will have to abide by the ATF regulations. Therefore, he feels the health,safety and
welfare of the public will be provided.
2005-0997
PL1653
HEARING CERTIFICATION -WILLIAM AND ANN STONEBRAKER (AMUSR#1416)
PAGE 10
Commissioner Geile concurred with Commissioner Long and stated the testimony of Mr. Ernst
provided the appropriate criteria for review. He stated Sections 23-2-240(Design Standards)and
23-2-250(Operation Standards)have been met. Regarding Section 23-2-230.6.1,Commissioner
Geile stated there has been a lot of discussion regarding the roads and he wants the issue to be
resolved and to also ensure the truck driving school is also in compliance. Section 23-2-230.6.3
deals with compatibility of surrounding land uses, and this is just an extension of a use that has
already been approved by the Board, in addition to the neighboring truck driving school. He stated
Section 23-2-230.6.4 deals with future development,he has no doubt there will be development in
the area, and the Towns of Hudson and Keenesburg did not indicate concerns. Commissioner
Geile further stated the referrals were appropriately sent and the responses were considered in the
review of the application and compiling the Conditions of Approval and Development Standards,
which provides for the health, safety, and welfare of the neighborhood.
Chair Jerke concurred with Commissioners Long and Geile, and added the applicant has been in
business for 50 years,has a tremendous record of achievement,and has been able to comply with
the various levels of regulation. He stated there will be eight acres at the old site and 140 acres at
the new site, which makes a large buffer between the surrounding uses. He stated there is a
potential for land uses changing in this area given the proximity to 1-76 and a centralized location for
distribution. He further stated the number of employees will have a minimal impact,and the use will
be heavily regulated, which eliminates his concerns.
Commissioner Long moved to approve the request of William and Ann Stonebraker for a Site
Specific Development Plan and Amended Use by Special Review Permit#1416 for a Use Permitted
as a Use by Right, an Accessory Use or a Use by Special Review in the Commercial or Industrial
Zone District(display fireworks storage and fireworks equipment staging facility,along with an office)
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 also included the deleting of Condition #1.D, modifying Development
Standard #4 to state, "Hours of operation shall be from 6:00 a.m. to 7:00 p.m. During the peak
season (around the 4th of July holiday)hours of operation shall be from 6:00 a.m. to 10:00 p.m.,"
adding Development Standard #6 to state, "There shall be no outdoor storage of vehicles and
equipment, with the exception of temporary staging of vehicles and equipment," modifying
Development Standard#11 to require dust control applications a minimum of twice a year,or more
as determined by the Department of Public Works, and renumbering or relettering as necessary.
The motion was seconded by Commissioner Geile. He also requested the applicant commit to
hosting members of the neighborhood as the project moves ahead to provide information. There
being no further discussion, the motion carried three to one, with Commissioner Masden being
opposed. The hearing was completed at 2:50 p.m.
(Clerk's Note:The application materials contain a Certificate of Death for William Stonebraker,joint
tenant of the property, therefore, his name has been removed from the final Resolution of the
Board.)
2005-0997
PL1653
HEARING CERTIFICATION - WILLIAM AND ANN STONEBRAKER (AMUSR #1416)
PAGE 11
This Certification was approved on the 18th day of April 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
` 1 *a WELD COUNTY, COLORADO
1861 >♦� William H. e, Chair
� dd '.:4! Clerk to the Board
(Cq./ M. eile, ro- em
Deputy Clerk to the Board
D vid E. Long
TAPE #2005-20 and #2005-21 ?�
Robert D. asden
DOCKET#2005-15.A EXCUSED
Glenn Vaad
2005-0997
PL1653
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR #1416 -WILLIAM AND ANN STONEBRAKER
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 01/18/2005)
D. Clerk to the Board Notice of Hearing
E. Applicant Follow-up to items requested by Planning
Commission, 02/14/2005
F. Planning Staff Certification and Photo of sign posting
G. Planning Staff E-mail notification to attorney Chris Ernst,
03/10/2005
H. Clerk to the Board 2nd Notice of Hearing, 03/25/2005 (Filed
under Leqals)
Mehaffy, Brubaker and Ernst, LLC Faxed Letter of Opposition, 04/13/2005
(Duplicate of Original, removed from file -
See Exhibit K)
J. Planning Staff Certification and Photo of sign posting
K. Christopher Ernst Original Letter of Opposition, 04/13/2005
L. Nelly Morgan Four pages of photographs
M. Nelly Morgan - Letter to Commissioners (2 pages)
- News from U.S. Consumer Product Safety
Commission on 03/22/1990 (2 pages)
- Letter on 04/05/2005 re: Tier II Report and
website information (5 pages)
- Packet regarding Black Rifle Power
dangers (12 pages)
- 1998 Fireworks Related Injuries (Duplicate,
removed from file - See Exhibit 6H)
- 1999 Fireworks Annual Report (Duplicate,
removed from file - See Exhibit 61)
- 2003 Fireworks Annual Report (Duplicate,
removed from file - See Exhibit 6K)
- 1998 Executive Summary of Fireworks
Related Injuries (Duplicate, removed from
file - See Exhibit 6L)
M. (con't) - Letter from Mehaffy, Brubaker and Ernst,
LLC, dated 04/13/2005 (Duplicate,
removed from file - See Exhibit K)
N. Nelly Morgan Letter from Don and Sally Ozbun
O. Nelly Morgan 3 Photographs from Don and Sally Ozbun
P. Don Morgan Letter of Opposition
Q. Don Morgan 5 Photographs
R. Jim Ries Code of Federal Regulations Information
from Chuck Steiner at CDOT
S. Jim Ries Plat and sketch drawing
T. County Attorney Code of Federal Regulations 27CFR Part
555.219 - 555.224 re: Low Explosives and
Display Fireworks
U.
V.
•
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 13TH DAY OF APRIL, 2005:
DOCKET#2005-15 -WILLIAM AND ANN STONEBRAKER
DOCKET#2005-30 -WINDSOR ASSEMBLY OF GOD
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 13TH DAY OF APRIL, 2005:
DOCKET#2005-15 -WILLIAM AND ANN STONEBRAKER
DOCKET#2005-30 -WINDSOR ASSEMBLY OF GOD
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
int4 YYl or�ccn _h 1R KQcoeSh:c-i c i ( O BD�I�I-11r�� ,�
C oriZA Srn -R- E4'S� Z� r-5d2-W4 \ST AV"€L J—��tv zety, ' & , cc �0(c)Cs L
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF MARCH, 2005:
DOCKET#2005-15 -WILLIAM AND ANN STONEBRAKER
DOCKET#2005-16 - MARY F. AND GEORGE B. CARLSON REVOCABLE LIVING TRUSTS
DOCKET#2005-17 -JEFFINER FEDAK, DAVID SIGNER, AND MONICA SIGNER
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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