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Home My WebLink About20042045.tiff HEARING CERTIFICATION DOCKET NO. 2004-52.B RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1465 FOR A HOME BUSINESS (PARKING OF TRUCKS AND TRAILERS) IN THE A (AGRICULTURAL) ZONE DISTRICT - DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI A public hearing was conducted on August 4, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long 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 June 11,2004, and duly published June 16,2004, in the Fort Lupton Press, a public hearing was conducted on June 23, 2004,to consider the request of Donald Wroblewski, c/o Joe and Tammy Wroblewski,for a Site Specific Development Plan and Use by Special Review Permit#1465 for a Home Business (parking of trucks and trailers) in the A(Agricultural)Zone District. At said hearing Jacqueline Hatch,Department of Planning Services, stated due to a publication error, a corrected notice was published for a hearing to be held on July 14, 2004, therefore, the Board deemed it advisable to continue the matter to that date. On July 14,2004,at the request of the applicants,the Board deemed it advisable to continue the matter to August 4,2004,to allow the applicants the opportunity to have a hearing before a full quorum of the Board. At said hearing Lee Morrison,Assistant County Attorney, made this a matter of record. Ms. Hatch presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. She stated the applicant will be allowed no more than three trucks and three trailers, and there will be no employees. She gave a brief description of the location of the site,which is located within the Vantage Acres Subdivision,and she described the surrounding land uses. Ms. Hatch stated 12 referral agencies reviewed this proposal, seven responded with comments that have been addressed in the Conditions of Approval and Development Standards, and one indicated no concern. She stated staff received no comments from the City of Brighton,Town of Hudson,Town of Lochbuie,or the Hudson Fire Protection District. They did receive three letters from surrounding property owners expressing concern regarding increased traffic hazards,dust,and noise. She stated the property owners are currently in violation for operating a business without the appropriate permits. If this request is denied, the violation process will continue and the property owners will be required to remove any additional trucks or trailers within 90 days. In response to Commissioner Geile, Ms. Hatch stated there will be no fueling on the site, and she explained the request for three trucks would allow the applicant to have 2004-2045 PL1721 CC' : PL /OR (el?) oa-I 0 -oV! HEARING CERTIFICATION - DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI (USR#1465) PAGE 2 relatives, who also drive semi trucks, to visit without being in violation. In response to Commissioner Jerke, Ms. Hatch stated Vantage Acres is an older subdivision that is zoned agricultural, and there are no longer any covenants. Responding to Chair Masden, Ms. Hatch estimated there are approximately 32 lots in the Subdivision,and there is a Use by Special Review Permit for a kennel in the area. Char Davis, Department of Public Health and Environment,stated there will be no employees,water is provided by a domestic well that has been properly permitted, and the home is connected to a septic system. She stated there is a Condition of Approval that requires the applicant to submit a Dust Abatement Plan for the driveway, and the noise level cannot exceed 50 to 55 decibels. Responding to Chair Masden, Ms. Davis stated State statute restricts this type of operation to daylight business hours since it is in a residential area. Donald Carroll, Department of Public Works, stated Vantage Acres is a rural subdivision, and the internal gravel roads are maintained by Weld County. He verified, at the request of the Planning Commission,that the Subdivision has signs posted in the proper locations. Mr.Carroll stated based on testimony provided at the Planning Commission hearing regarding dust on Vantage Drive, staff requesting dust control from the applicant's driveway to Weld County Road 8, as indicated in his memorandum, marked Exhibit Q. He further stated no staging or parking of vehicles will be allowed on Vantage Drive. Joe Wroblewski, applicant, submitted letters of support from some of his neighbors, marked Exhibits R, S,and T,expressing no concern with the application request or dust issues. He stated he transports heavy equipment on a lowboy trailer,therefore, he very seldom hauls stuff home. He stated he does not haul any hazardous materials, and will not fuel trucks at the site. Responding to Commissioner Long, Mr.Wroblewski stated his relatives are seldom there, and they do not haul hazardous materials. He explained he requested a limit of three to accommodate the instances when his family visits. He stated his truck will be parked in the shop,and the only maintenance work to be done on the site is changing tires because he takes his truck in to be serviced. Commissioner Geile stated item#4 of the application indicates a shop will be constructed in addition to the existing structures. Responding to Chair Masden, Ms. Davis stated the application indicates the shop will be used primarily for parking and light maintenance,and there are several Development Standards that stipulate no liquid wastes are to be stored on the site. Doug Wilch,surrounding property owner,stated a commercial trucking operation is not appropriate for this residential neighborhood. He stated there are 68 residences in the Subdivision, and 90 residences within one mile of the site, and he displayed photographs of some of the homes. Mr. Wilch stated Vantage Acres was developed in the 1960's; however,the homes have been updated and maintained,and there has been some new construction as recent as 2000 and 2002. He stated the residents enjoy working and playing on their properties, and there is room for recreational vehicles, agricultural activities, animals, etc. He further stated the residents use the roads for walking and horseback riding,and he expressed concern with large trucks generating noise,odor, and dust,and damaging the roads. He also expressed concern regarding the possible contents that may be hauled into the area, as well as contamination to the groundwater caused by oil changes and washing the trucks. Mr.Wilch stated there are no other Use by Special Review Permits in the Subdivision,and he reviewed various other requests in the past that were withdrawn or denied. He 2004-2045 PL1721 HEARING CERTIFICATION - DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI (USR #1465) PAGE 3 stated in each of those instances there has been a history of area residents opposing commercial ventures in the area. He stated approval of this request will open the door for others with similar requests. In response to Commissioner Geile, Mr. Wilch stated there is no Homeowners' Association, and the original Covenants expired in 1994 and were not renewed. Responding to Commissioner Jerke, Mr. Wilch stated the lots range from three to ten acres in size. Len Pettinger,surrounding property owner,stated he has lived on the farm west of Vantage Acres since 1948. He stated the area has been developed as the roads were completed. He commented the applicant only uses a short portion of Vantage Drive and does not affect most of the residents in the Subdivision. He stated current and future residents should be able to make a living on their property. Mary Phalen,surrounding property owner, stated although she is not opposed to the operation, she expressed concern with decreased property values. Richard Powers, surrounding property owner, stated the applicant drives past five homes, and he does drive slowly so he does not create dust. He stated most of the dust is created by residents in vehicles, and he has lived there since 1968. Pam Smith, surrounding property owner, stated the petition that was circulated indicated there would be 20 trucks operating from the site,which resulted in more signatures. She stated property values cannot be determined by one neighboring property, and it is unfair of neighbors to impose on the livelihood of others. In response to Commissioner Geile, Ms. Smith indicated the location of her property, and she stated she owns 15 acres adjacent to Mr. Wroblewski's property. Reid Graves,surrounding property owner,stated it would be totally inappropriate to industrialize this area, and he expressed concern that despite this permit, the operation would not be limited. Ray Joachim,surrounding property owner,stated he recently invested in a newer home in the area. He stated he used to be a neighbor of the applicant's father who owns ten acres on Weld County Road 8. He stated at one time Donald Wroblewski parked 20 tractor trailers on his property; however, they have not been there for a year. He stated the trucks did not bother him; however, several months ago a realtor commented on the potential difficulty of selling his property with a trucking operation located next door. Mr.Joachim stated his primary concern is setting a precedent for allowing other commercial ventures in the area. Dave Lavanway, surrounding property owner, stated the business operators live on the site; however, the property owner is Donald Wroblewski, and he does not live there. Mr. Lavanway stated he has seen trucks coming and going throughout the day, and he questioned how fluids caused by maintenance, such as oil and antifreeze, will be removed from the site. He displayed photographs taken in 2003 showing oil spilled on the roads, and he expressed concern with large trucks being allowed in the area. He stated when he called in a complaint regarding the spilled oil, the Environmental Health Division indicated it would be unable to do very much. He displayed other photos, marked Exhibit V, and stated he does not want the clutter to ruin the neighborhood. Mr. Lavanway clarified he circulated the petition,and at no time did he indicate there would be 20 to 50 trucks as a result of this request. In response to Commissioner Geile, Mr. Lavanway stated it takes 2004-2045 PL1721 HEARING CERTIFICATION - DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI (USR #1465) PAGE 4 100 percent of the residents to reinstate a Homeowners'Association,and there was a minority that did not agree to renewing the Covenants. Kathleen Joachim, surrounding property owner, stated she was not aware they could reestablish a Homeowners' Association. She stated they purchased their property from her parents and invested in pursuing limited agricultural uses. She stated she does not want to hinder the applicants'livelihood; however,she does not want a trucking operation to hinder her property values. She expressed concern that approving this request use will set a precedent. Ms. Joachim stated they own three parcels and want to protect their investment. Barbara Perkinson, surrounding property owner, stated she concurs with the previous comments of opposition,and she has been adversely affected by the dust caused from large trucks in the area. She stated the applicant's ignorance regarding the permitting process is not an excuse to allow the operation to continue. She stated it would have been better if the applicant had asked some of his neighbors prior to commencing with the business. Ms. Perkinson stated Mr.Wroblewski is not the only person who drives trucks in the area; however, she purchased her property in 1966, and she expressed concern with allowing trucks that create a hazard to area residents. Jim Beauregard, surrounding property owner, stated the applicant is a very courteous truck driver, and he is more concerned with the regular vehicles that speed through the area. He stated the applicant's trucks must pass an inspection or he is not allowed to drive, unlike most vehicles in Weld County that are not required to pass an emissions test. He stated there are many other violations in the area,and the applicant should be treated equally. He further stated the semi trucks are not much louder than most diesel pickups. Damaris Gasparovich, surrounding property owner, stated she has lived in the area for 13 years. She stated there are other residents that own and park their truck overnight, but this request is different because it will allow him to house his family and their trucks like a truck stop. Mr.Wroblewski stated he does not change the oil on his property; he takes his truck to the shop for maintenance. He clarified his relatives live a long ways away and only visit twice a year. In response to Commissioners Geile and Vaad, Mr. Wroblewski stated Donald Wroblewski is his father and he owns the property,and if this request is denied he will have to find an alternate location to park his trucks which could result in theft. Responding to Commissioner Geile, Mr. Morrison stated the application is signed by Donald Wroblewski which authorizes Joe and Tammy Wroblewski to act as his authorized representative. Mr. Wroblewski stated he was not aware he needed a formal lease. Mr. Morrison concurred that often family members are not bound by a formal document. Responding further to Commissioner Geile, Mr. Morrison stated if there were a violation, all three persons would be responsible. Ms. Hatch stated Development Standard #28 prohibits this Use by Special Review from being transferred. Responding to Chair Masden, Mr. Wroblewski stated he has reviewed and concurs with the Conditions of Approval and Development Standards as proposed. In response to Commissioner Vaad, Ms. Hatch indicated the Subdivision boundary, and stated one truck and one trailer is allowed as a Use by Right in the Agricultural Zone District. She verified there is no other trucking-related Use by Special Review permits in the area; however,there is a Use by 2004-2045 PL1721 HEARING CERTIFICATION - DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI (USR#1465) PAGE 5 Special Review Permit for a kennel operation. Responding to Chair Masden,Mr.Wroblewski stated the five residences he drives past are not concerned with dust. He requested the proposed language from the Department of Public Works be waived in the event he can provide a letter signed by all five residents indicating dust is not a problem. Commissioner Vaad commented this use will generate a small number of trips, dust control would only benefit a few residents that are not opposed, and staff's request is beyond the County's general practices. Commissioner Long concurred and stated it appears to be overbearing. The Board concurred that the language should not be added. Commissioner Jerke commented there have been instances in the City of Greeley where taxes and assessments were charged for projects and it is unlikely that 100 percent of the property owners agreed. He questioned why 100 percent of the residents must agree to establish a Homeowners' Association in Weld County. In response to Commissioner Jerke, Mr. Morrison stated the projects in Greeley were allowed without the full consent of the property owners based on Charter or State statute authority; however, Covenants are a private arrangement. He stated it does not necessarily require 100 percent agreement to establish Covenants; however,you cannot enforce restrictions upon those who have not signed an agreement. In response to Commissioner Geile, Ms. Davis stated Development Standard#16 will protect the County if there were to be a problem with the storage of hazardous materials on the site; however, but she does not expect more chemicals than what is found in most household garages. She further stated the language applies to many different things,such as fuels and farm chemicals. She stated there is no indication that there will be barrels of substances at the site; however, if that does occur,there are several Development Standards that will resolve the problem. She further stated Planning Services would also be involved because those storage uses are not permitted through this application. Commissioner Vaad commented he appreciates the testimony regarding a person's right to make a living on their property. He stated there seems to be some exaggeration of the facts regarding what would be allowed under this permit,and he clarified it would only allow three trucks and three trailers,and the trucks would be stored indoors. He stated the testimony regarding oil being spilled on the road was not specific to this applicant. He further stated the applicants are not prevented from operating a business from their home; however,any more than one must be stored elsewhere, which is a cost of doing business. Commissioner Vaad stated he does not find the applicant has shown compliance with Section 23-2-230.6.1, specifically Section 22-2-150.6.5 (I.Policy 2.5.b) regarding compatibility,and he feels the Conditions of Approval and Development Standards will not ensure the site does not have an adverse impact on the surrounding properties. He further stated the application does not comply with Sections 23-2-230.B.3 or 6.4 because the proposed use is not compatible with existing or future surrounding land uses. He clarified it is not his intent to prohibit all Use by Special Review Permits in this area because there are certain uses that would be appropriate, including the parking of one truck/trailer in the Agricultural Zone District. Based on those comments, Commissioner Vaad moved to deny the request of Donald Wroblewski, c/o Joe and Tammy Wroblewski, for a Site Specific Development Plan and Use by Special Review Permit #1465 for a Home Business (parking of trucks and trailers) in the A (Agricultural) Zone District. The motion was seconded by Commissioner Geile who stated one truck/trailer is permitted for this property in the Agricultural Zone District. However, public testimony has shown there have been 2004-2045 PL1721 HEARING CERTIFICATION - DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI (USR#1465) PAGE 6 prior instances where the property owners have shown consistent opposition to uses not compatible with residential/agricultural uses. Commissioner Geile also urged the area residents to pursue the option of establishing a Homeowners' Association. Commissioner Jerke concurred that incompatibility is the major issue. He encouraged the residents to consider establishing new Covenants to address issues regarding compatibility,and he reiterated the applicant does still have the ability to operate one truck/trailer from his property. Commissioner Long concurred and stated he supports the idea of establishing new Covenants for the community. Chair Masden concurred and stated he is not aware of a Use by Special Review for a kennel in the immediate area. He stated he is familiar with the uses that exist in the area and the residents'intent to keep the area residential in nature. He stated the proposed use would not be compatible,and he feels comfortable that the applicant can continue to operate with one truck and trailer. He stated there is a need for this type of use; however, it is not desired, nor is it compatible, in this area. He thanked the public for their patience with this process and the various delays prior to this hearing. There being no further discussion,the motion to deny the application carried unanimously and the hearing was completed at 12:00 p.m. This Certification was approved on the 9th day of August 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS IElLa WE COUNT COLORADO 14�yt.+ �` MAI Robert D. Masden, Chair e rk to the Board Va/C11-11744-- William H. rke, Pro-Tem i` ? — Deputy Clerk to the Board M. eile TAPE #2004- 33 David E. Long DOCKET#2004-52 Glenn Vaad 2004-2045 PL1721 EXHIBIT INVENTORY CONTROL SHEET Case USR #1465 - DONALD WROBLEWSKI, CIO JOE AND TAMMY WROBLEWSKI 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 05/04/2004, 05/18/2004 and 06/15/2004) D. Clerk to the Board Notice of Hearing E. Mary Phalen Letter of Opposition, dated 06/16/2004 F. Jeraldine Krause Letter of Opposition, dated 06/16/2004 G. Clerk to the Board Corrected Notice and Certificate of Mailing, dated 06/25/2004 H. Elaine Graves Letter of Opposition, dated 06/18/2004 I. Doug and Kathy Wilch Letter of Opposition, dated 06/21/2004 J. Damaris and Anthony Gasparovich Letter of Opposition, received 06/23/2004 K. Raymond Joachim E-mail of Concern, dated 06/28/2004 L. Planning Staff Memo requesting continuance, dated 06/21/2004 M. Public Works Staff Memo re: Development Signs, dated 06/16/2004 N. Various surrounding property owners Petition of Opposition (63 signature) O. Raymond and Kathlee Joachim Letter of Opposition, submitted 07/14/2004 P. Scott Frankenberg Letter of Opposition, dated 07/20/2004 Q. Public Works Staff Memo re: Addition of Condition of Approval, submitted 08/04/2004 R. Scott Dingle Letter of Support, dated 07/14/2004 S. Dan Fields Letter of Support, dated 07/22/2004 T. Michael Threlkeld Letter of Support, dated 08/01/2004 U. Doug Wilch 9 Overhead Transparencies, submitted 08/04/2004 V. Dave Lavanway Three photographs, submitted 08/04/2004 W. X. Y. Z. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF AUGUST, 2004: DOCKET#2004-66 -WES MOSER AND SONS, INC./NOAH'S BARK/JOJO AND STEVE POMEROY DOCKET#2004-52 - DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI DOCKET#2004-67 - DUKE ENERGY FIELD SERVICES DOCKET#2004-68 - FRANCISCO AND LORRAINE VALENCIA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip`' Grow - `� Ea,ham-e 7`eWrs,0- ON Va i ate_ Pr- fT& Soy, Co 8-06ciZ „(714 v .@mi 6'hoe ' 19.3S� . /971 Lr�y , e/l Son �e3 cPD6 //x all S C p2rov r' /9z8/ f /9Jf�v{ /.4ectse/I (LT PolacleD-- '`J-� �lc-I� / 9-2c/ - 1 5-i9UF //UPS IA/ c a &-o-G y z_ _ L,e�ionl✓�/I e 3c9/ Weld Cou,Qty Xii, 41 Hudso&. co 806 yz /913-' /gc-rfi vedikeS1/2„J,('t> 8O4¢7_ hOr i/7c�-��sr( H731 /5's tr/Ser On kei,c73 /1..r y [� m� sit 9a Z i a GO Ttdcl F Iii Lu. 12.ilaq I\l. Clwtlaj A1Jo L ZUdand Co W537 rrcA;ne \)O.\ & 'k cA. Cv1 S l,�C 'C fr-DrACo \\' S Co ss-c c_Arc o rc C.O1 U.' C t ca Y c Off\\ 1/4NS c 1-c'v 2 r t- ffj X1) ) \-\; �f Q LO/-)CD M ov1it co No NoI � �t {iicPe-//i f aj o ?oral 2r ICI Kb LOS CCf2.CY. or 6i Up-e r I tQ v- GC 2003 7. (Ste e t-etri l0I LOoi C✓` e,e . Dr. SUf€ricr (Lc8D©29--1)13 -)* SI . it 1lip J 64 Li u coin4j ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF AUGUST, 2004: DOCKET#2004-66 -WES MOSER AND SONS, INC./NOAH'S BARK/JOJO AND STEVE POMEROY DOCKET#2004-52 - DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI DOCKET#2004-67 - DUKE ENERGY FIELD SERVICES DOCKET#2004-68 - FRANCISCO AND LORRAINE VALENCIA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip / _?;<1 y /vv, 7"#' Ave- /�eCics ce2 8D637 // ) ` ra 9. / 73Z 1`Srl-vr /0,054N Co S G �� -i4 ✓ � ,,5 4 (' J z )t/ // thectec, aJ l'0 feod�2 0 ti 1O31 W Q K 8' ( to 3 26.03 afrn ) g g37 let> e lP co, Rr26v /7 A r-30L-It s ezK-ci)-J i3� 19.53) E/95111 Awe / /-�tA50Th Fs) gaoy ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF JULY, 2004: DOCKET#2004-52 - DONALD WROBLEWSKI, CIO JOE AND TAMMY WROBLEWSKI DOCKET#2004-57 - UIV LAND, LLC, C/O NOLAN ULMER PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 't)/A /E `Lti/Anii,UAi /913i 4S74)4�1r idles�� C�Jsob4z..1 ncv n / 5-731 / 4'5-'2C/lth i,r/A(Dt ( 'cam (0Ys- G/e Zdeo-u/©ice/ /1,7/6 °JcX ,f' //treed, @G KO Szs) %J—A tb°Av; e 3511 weld CouMt fal. , q /, J'uclsonl, CO 8065/2 PAY / /9 30f /95- �'/t1LY <{L'idfob✓ cO/0 co toetz �m � ,5/9 3o 2 v t/2— r-c-w 1 E +mod s o ✓ 670 ff&65/ ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF JUNE, 2004: DOCKET#2004-52 - DONALD WROBLEWSKI DOCKET#2004-45 -JOHN ZADEL PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 4-tv4. GJ Mt\ 13tit 0, CU:&(arc{ sn. Lovkkc -4 , CA %a S31 c1 '4'11) i�7 z,ADF_L. 9.2419 LJGe !9� ,Cr 1c1, ,o-J So62( Hello