HomeMy WebLinkAbout20042781 HEARING CERTIFICATION
DOCKET NO. 2004-89
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#935 FOR A USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN
THE COMMERCIAL ZONE DISTRICT (LANDSCAPING MATERIALS YARD,
AGRICULTURAL AND SUPPLY BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - BRITTARA LAND COMPANY, LLC
A public hearing was conducted on October 6, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long - EXCUSED
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 September 17, 2004, and duly published
September 22, 2004, in the Fort Lupton Press, a public hearing was conducted to consider the
request of BritTara Land Company, LLC,for a Site Specific Development Plan and Amended Use
by Special Review Permit#935 for a Use Permitted as a Use by Right or Accessory Use in the
Commercial Zone District (landscaping materials yard, agricultural and supply business) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Jacqueline Hatch, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the record
as written. She gave a brief description of the location of the site and stated the original Use by
Special Review Permit was approved on March 16, 1991. She stated the current property owner
is requesting to expand the Permit to include landscape materials. Ms. Hatch reviewed the
surrounding land uses,and stated the Great Western Railroad crosses the site,as well as a railroad
spur that leads into the property. She stated Stamp Minor Subdivision is located northwest of the
proposed site, and it was recently approved by the Board for nine lots.
Chair Masden advised the applicant's representative,John Vasquez,JCB Engineering,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.Vasquez indicated
he would like to proceed today.
2004-2781
PL0833
�� : ���,f7 /47 - MLaZ9 ��
HEARING CERTIFICATION - BRITTARA LAND COMPANY, LLC (AMUSR#935)
PAGE 2
Ms. Hatch continued by stating since August 2002, staff had noticed the site did not appear to be
utilized; however,the applicant clarified the site is used on a seasonal basis. She stated 11 referral
agencies reviewed this case, three had no comment, five provided comments that have been
addressed in the Conditions of Approval and Development Standards, and no comments were
received from the Big Thompson Soil Conservation District, Great Western Railroad, or Town of
Johnstown. She further stated staff has received letters of concern from surrounding property
owners regarding the proposed use, number of trucks,screening,hours of operation,and the types
of products to be stored on the site. She submitted a memorandum, marked Exhibit L, requesting
a new Development Standard#2 be added to state,"The following items are permitted on the site:
agricultural supplies, rock,landscape boulders,gravel,sand,mulch,ground cover,topsoil,compost
mixtures,manufactured stone, retaining wall systems,fabric,pins,timbers,and ties." In response
to Commissioner Vaad, Ms. Hatch stated some of the neighbors have expressed concern with fly
ash being a product allowed on the site; however,the applicant has confirmed that fly ash will not
be allowed. Responding to Commissioner Jerke, Ms. Hatch stated the list suggested in the
proposed Development Standard #2 was submitted by the applicant and it does include the
materials permitted under the original Use by Special Review Permit. She stated if new items are
added to the site, they would be in violation without an amendment.
Char Davis, Department of Public Health and Environment,stated staff is requiring the addition of
a septic system for the scale house because there are no current facilities. She further stated the
Little Thompson Water District will provide water service to the site.
Donald Carroll, Department of Public Works,stated Weld County Road 38 is currently a gravel road
which is classified as a future arterial road. He stated the nine-lot Stamp Minor Subdivision,located
northwest of the subject site,was recently approved by the Board, and that the developer is being
required to do 3,000 feet of base stabilization on Weld County Road 38. He stated he is requesting
dust abatement for this application; however,he has not received a response from the applicant as
to what the designated haul route will be. If they intend to haul to the east he recommends they
contribute a proportionate share of the work with the Stamp Minor Subdivision, as well as provide
dust abatement if they haul to the west. He noted the Central Weld County Water District is in the
process of installing a 36-inch water line along Weld County Road 38, and this stretch of road is
under significant construction. He also requested the applicant realign the accesses to enter Weld
County Road 38 at 90-degree angles rather than 45-degree angles. Mr.Carroll stated the average
daily traffic count exceeds 200 vehicles, and the application materials indicate the addition of 15
trucks and customer vehicles.
Mr. Vasquez stated the applicant has agreed to eliminate the retail component of the application,
therefore,the traffic from customer vehicles will no longer be a factor. In response to Chair Masden,
Mr.Vasquez confirmed they will only operate the wholesale and truck hauling. He stated the original
Use by Special Review Permit allows for materials,such as diesel fuels, unleaded fuels,fertilizers,
etcetera, most of which are very volatile. He stated this amendment proposes to bring in inert
materials and amend the product list. There is a Use by Right in place which allows them to
transload the materials using the railroad spur, and they intend to ship less volatile material to
accommodate the residential uses in the area. He further stated they did request the Planning
Commission include the phrase "all relevant landscaping materials" in the list; however, the
members felt that was too vague. He requested the Board of Commissioners also consider the
2004-2781
PL0833
HEARING CERTIFICATION - BRITTARA LAND COMPANY, LLC (AMUSR#935)
PAGE 3
addition of this phrase to allow the addition of items, such as plastic fencing,without resulting in a
violation. In response to Commissioner Geile, Mr.Vasquez stated Pioneer Sand and Gravel will be
the operator of the facility, they are currently working to establish a preferred haul route, and they
will enter into an improvements agreement for that route. He stated the applicant is also willing to
modify the site entrances as requested by staff, and they will work to address staffs concerns
through the Site Plan Review process. Mr. Carroll stated once the designated haul route is
confirmed, he will draft an Improvements Agreement which will provide a means of enforcement.
Responding to Commissioner Vaad, Mr. Vasquez explained they initially requested to transload
construction materials,at which time staff directed the applicant to include all potential products that
may be hauled,which is why fly ash was included. He stated the neighbors expressed concern with
the request, therefore, the applicant agreed to drop fly ash from the product list, although it does
have agricultural uses. In response to Commissioner Vaad, Mr.Vasquez stated they will mitigate
the impacts of light, dust, etcetera, in an effort to reduce the impacts to surrounding properties.
Jennifer Casey, surrounding property owner to the west, expressed concern regarding dust
suppression, lighting,and screening,and materials blowing from the site. She stated the site itself
needs to have dust suppressant; not just the roads. Ms. Casey stated Weld County Road 38 is
under construction and it will require significant improvements before it will be suitable for large
trucks. She stated this is a rural area, and lighting at the site will detract from the quiet evenings.
She further stated the Stamp Minor Subdivision was approved six months ago based on issues of
compatibility, but this request is not compatible with rural residential. Ms. Davis stated there is a
Condition of Approval requiring a Dust Abatement Plan to address the neighborhood's concerns.
She stated it is not currently in place; however, it will be required prior to recording the plat.
Nancy Vetter,surrounding property owner one mile west,stated during the construction,the school
bus has been unable to maneuver on Weld County Road 38. She stated once the road is repaired,
there will still be dust caused by speeding traffic and large trucks. She stated often the dust is too
thick for the bus drivers to see the children on the side of the road,and speed limit signs need to be
posted. Ms.Vetter stated the Town of Mead has designated this area as part of its growth area for
low-density housing. Mr. Carroll stated the haul route has not been indicate. Commissioner Vaad
stated Development Standard#21 addresses dust along the western route requiring 300 feet of dust
suppressant in front of the residences,to be applied twice a year or determined by the Department
of Public Works.
Krist Mathisen,surrounding property owner,stated the Planning Commission agreed the haul route
would be to the east only,and he expressed concern regarding the possibility of allowing traffic to
the west. He stated this is a low-density area and the proposal is not consistent because it will
generate one truck trip every 20 minutes in addition to the staff vehicles. Mr. Mathisen stated the
applicant has not attempted to work with the neighbors,and the Planning Commission did not agree
to recommend approval until the applicant agreed to eliminate the retail component of the request.
He stated there are sites that are better suited for the proposed use,and there are many issues that
still need to be addressed. He stated the issues such as hours of operation, screening, size of
piles, landscaping, and type of dust suppressant should be addressed and agreed upon before
granting a permit. Mr. Mathisen stated the site is currently used for agricultural purposes for a few
weeks in the spring and fall; however, approval of this application will significantly increase the
amount of activity at the site. He stated a maintenance agreement should be approved prior to
2004-2781
PL0833
HEARING CERTIFICATION - BRITTARA LAND COMPANY, LLC (AMUSR #935)
PAGE 4
approval of this amendment request,the hours of operation should be reduced and Saturday hours
eliminated for the benefit of area residents, and the site should be required to revert back to the
original use if the property is sold.
Jeff Stamp, surrounding property owner, stated while working to obtain approval for his Minor
Subdivision, he tried to work with his neighbors and address their concerns before presenting his
case to the Board. He stated this applicant should be required to do the same and work with the
area residents to address their concerns regarding screening of the railroad cars, reducing the
number of trucks to ten, and eliminating Saturday hours of operation.
James Jeppesen, surrounding property owner to the southeast, concurred with the previous
comments of concern regarding speeding and safety for children. He stated Weld County Road 38
is a gravel road and the construction has deteriorated the quality of the road. He stated large trucks
will only make conditions worse for emergency response vehicles, and these issues need to be
addressed prior to approval of this application.
Barry Bromley, surrounding property owner to the north, stated he concurs with the previous
comments, and he questioned what the railroad schedules will be. He stated there have been
several times when the train has blocked his driveway and he has no way of exiting his property.
In response to Commissioner Geile, Mr. Bromley stated if the railroad spur is filled with cars, he
cannot even cross the proposed site to get out. In response to Chair Masden, Mr. Bromley stated
his house is accessed by a private road that has an easement over the railroad.
Joyce Bromley, surrounding property owner, stated she home-schools their son and he enjoys
riding his bicycle in the area; however,Weld County Road 38 is in very poor condition. She stated
this is an agricultural area and although the proposed site is selling agricultural products, it will be
a commercial business,regardless of the limited supplies being requested. Ms. Bromley expressed
concern with allowing this use, which may encourage continued changes in the area, and she
stated the current residents want to maintain the country feel. In response to Commissioner Jerke,
Mr. Bromley stated when they purchased the property the railroad company contested the easement
crossing; however, it was determined the railroad could not land lock their property. Mr. Morrison
stated there is a legal access; however, being prohibited by a physical obstruction is no different
from being denied access due to poor weather. He stated the railroad company has an easement
to use the line, which is considered the dominant estate. Mr. Carroll stated the Bromley property
was not created through the Recorded Exemption process. Ms. Hatch explained the parcel was
created by the physical features surrounding it.
At the request of CommissionerJerke,Mr.Stamp indicated the Minor Subdivision is accessed from
Weld County Road 38 adjacent to the southwest corner of the subject site. He stated they are
required to pay a proportional share for dust control from the access to Weld County Road 13, and
they provide dust control on the entire stretch, not just in front of the houses.
Maybelle Wilson,surrounding property owner,stated she has lived south of the subject site for 35
years. She stated she understands the area is changing to a more residential area; however,
commercial uses are not desired. Ms. Wilson stated Weld County Road 38 is a gravel road used
by her grandchildren to ride horses. (Switched to Tape#2004-46.) She stated the scale house on
2004-2781
PL0833
HEARING CERTIFICATION - BRITTARA LAND COMPANY, LLC (AMUSR #935)
PAGE 5
the subject site is currently used by area farmers and the traffic is very seasonal. She further stated
they have a lot of trouble with the road conditions, and the proposed use will only make it worse.
Ms. Wilson stated she concurs with the previous comments and she wants the area to remain
agricultural.
Carl Hallowell represented the Great Western Railroad and stated they have been working with the
applicant because this site already has rail access. He stated due to concerns raised by the
neighbors,they chose to transload landscaping materials, and this request will also minimize the
truck traffic because much of the material will be brought in by rail. Mr. Hallowell stated this is the
first time he has heard of the blockage issue, and he will provide his card to Mr. Bromley and work
to correct the problem because they do have a legal easement to access their property. There
being no further comments, Chair Masden closed public testimony.
In response to Commissioner Vaad, Ms. Hatch stated the light standards stipulate the light must be
down cast so it does not leave the site. Commissioner Vaad commented although there was
discussion at the Planning Commission hearing,they did not place a restriction on the haul route;
however, he questioned whether the applicant would be willing to restrict truck traffic to the east.
Mr. Vasquez stated his only concern is that Interstate 25 (I-25) is only one mile to the west, and
although there is no ramp there, they could then drive north or south to the surrounding exits to
reach nearby municipalities. He stated the applicant is willing to participate with maintenance and
dust suppression to the west, and he does not see the benefit of avoiding seven residences and
impacting numerous others in the long route. In response to Commissioner Geile, Mr. Vasquez
stated he had a very negative encounter with one of the area residents which discouraged him from
approaching others; however, he now realizes it would have been beneficial to make an attempt.
Commissioner Vaad commented he does not feel it would be an undue burden on the applicant to
require that truck traffic use a haul route to the east to Weld County Road 13,with the exception of
local deliveries to the west. Mr. Vasquez stated the applicant is willing to agree to that request.
Commissioner Vaad commented he would like that included as a Condition of Approval. Mr.
Vasquez stated staff recommended denial of this request; however, the Planning Commission
found otherwise once the applicant agreed to eliminate the retail portion. He stated the anticipated
traffic counts will be less than what is permitted under the original Permit,and the applicant will need
to work with staff to address issues raised by the neighbors. He further stated they are currently
permitted to haul volatile materials,but this amendment will restrict the materials list to less volatile
material. Commissioner Vaad requested Mr. Carroll draft revised language for Development
Standard#21 pertaining to an eastern haul route,with an exception for local deliveries to the west.
Commissioner Jerke proposed requiring the applicant to provide dust suppressant to the west since
the eastern route is already being addressed under the Stamp Minor Subdivision. Commissioner
Vaad commented that suggestion would address the dust issue; however, the residents also
expressed concern regarding traffic speeds and safety. Mr.Carroll reiterated the County would also
be responsible for a proportional share in the dust suppression to the west. Chair Masden stated
if Mead annexes the right-of-way,then it would no longer be the County's responsibility. Mr.Carroll
stated the Town of Mead is still west of 1-25. Commissioner Geile commented most of the
residential development in the area is west of this site,and he agrees with Commissioner Vaad that
the impact would be significantly reduced to directing a majority of the traffic to the east.
Commissioner Jerke commented the applicant has indicated they are willing to live with the list
included in Development Standard#2;however, it is a shame to limit their future business potential
2004-2781
PL0833
HEARING CERTIFICATION - BRITTARA LAND COMPANY, LLC (AMUSR #935)
PAGE 6
if new materials become available. Responding further to CommissionerJerke,Mr.Vasquez stated
they agreed to the list to satisfy staff and bring this case forward to the Board, but they would prefer
to include the phrase "all relevant landscaping materials" or "all relevant landscaping materials
except for fly ash." Chair Masden stated Development Standard #13 needs to be corrected to
correct a typographical error to replace"patrols"with "patrons,"and Development Standard#14
addresses Health staffs request for a septic system for the scale house. Mr.Vasquez questioned
whether they will be allowed to operate while the septic system is being installed, or if that is a
condition prior to operation. Ms. Davis stated the septic system is required prior to recording the
plat because it was never completed under the original Use by Special Review Permit. Mr.Vasquez
stated that was not upheld by the previous landowner,and he requested they be allowed to operate
fora period of six months while the review and permitting process and installation takes place. Ms.
Davis stated it would be very difficult to monitor if and when that requirement is completed.
Commissioner Vaad suggested including a deadline date. Ms. Davis stated if the work is not
completed by that time,they she questioned what means of enforcement they have. Commissioner
Geile commented the materials list was agreed to by the Planning Commission and he expressed
concern with the applicant now wanting to change the contents because there could be unforeseen
consequences. Commissioner Jerke concurred and stated this process often requires the
applicant to make some concessions in order to gain approval. Mr. Morrison suggested allowing
the applicant to apply for a septic permit prior to recording the plat. Ms. Davis stated that would work
because if the work is not done within a year, then the permit will expire. Mr. Carroll proposed
Development Standard#21 be revised to state,"The designated haul route shall be Weld County
Road 38 from the site east to Weld County Road 13. Westbound traffic will be used for local
delivery only. The applicant shall enter into a Road Improvements Agreement with the Weld County
Department of Public Works on dust suppressant or base stabilization."He explained because they
have a base stabilization program arranged with the Stamp Minor Subdivision based on a five-year
program and they will escrow money as lots are sold. He stated until they are ready to do the base
stabilization, the applicant should be required to take care of the dust suppressant. He clarified
under this arrangement dust suppressant will not be required west of the site to the 1-25 Frontage
Road. Chair Masden concurred because that route will only be used on occasion for local
deliveries. Responding to Mr. Vasquez to address a public question, Mr. Morrison stated local
deliveries are considered those uses that are immediately along the alternative route of Weld County
Road 38 leading to 1-25. In response to Chair Masden, Mr. Vasquez stated he and the applicant
have reviewed and concur with the Conditions of Approval and Development Standards as proposed
and modified.
Commissioner Geile stated Section 22-3-330 of the Weld County Code references rail
transportation and recognizes the functionality of the Great Western Railroad in this area. He stated
the new language for Development Standard #21 addresses traffic concerns, the Resolution
includes conditions that address screening and lighting,and they have dealt with the local concerns
by defining what items will be allowed on the site.
Commissioner Vaad stated he supports the application because the current Use by Special Review
Permit is more extensive than the proposed amendment. He stated the railroad and its associated
uses have existed for many years and this is an opportunity to make it more compatible with the
area. He stated some of the public testimony made references to Mead's Comprehensive Plan;
however,the County does not have an Intergovernmental Agreement with Mead,which means the
2004-2781
PL0833
HEARING CERTIFICATION - BRITTARA LAND COMPANY, LLC (AMUSR#935)
PAGE 7
County does not necessarily agree with what Mead has planned for the area. He stated it is his
intent to represent his constituents in the area who have indicated they have no desire to be part of
Mead. He further stated this site and railroad have historically provided agricultural uses,which will
continue,and the speed limit cannot be controlled through this Permit, but the County will work on
that issue through other means.
Commissioner Jerke concurred with the previous comments and stated the railroad has been there
for many years, and the residential growth in the area has created a demand for landscaping
materials.
Chair Masden concurred and stated the lighting, screening, and dust issues will be addressed on
the site and the haul route, and County staff will be directed to review speed limit signage. Mr.
Carroll stated if the road is not posted then it is acknowledged as a 55-mile-per-hour speed zone.
Chair Masden further stated only local deliveries will be allowed to the west,hopefully the Bromleys
will be able to come to a working agreement with the Railroad to resolve that blockage situation,and
he feels this will be a good use for the property that will be operated under tighter requirements than
what currently exists.
Commissioner Geile moved to approve the request of BritTara Land Company, LLC, for a Site
Specific Development Plan and Amended Use by Special Review Permit#935 for a Use Permitted
as a Use by Right or Accessory Use in the Commercial Zone District(landscaping materials yard,
agricultural and supply business)in the A(Agricultural)Zone District, based on the recommendation
of the Planning Commission, with the Conditions of Approval and Development Standards as
entered into the record. His motion also included modifying adding a new Development Standard#2
to state,"The following items are permitted on site:agricultural supplies, rock,landscape boulders,
gravel,sand, mulch, ground cover,topsoil, compost mixtures, manufactured stone, retaining wall
systems, fabric, pins, timbers, and ties," correct Development Standard #13 to replace the word
"patrols"with "patrons," replace Development Standard#21 to state, "The designated haul route
shall be Weld County Road 38 from the site east to Weld County Road 13. Westbound traffic will
be used for local delivery only. The applicant shall enter into a Road Improvements Agreement with
the Weld County Department of Public Works on dust suppressant or base stabilization," and
renumber accordingly. The motion was seconded by Commissioner Vaad, and it carried
unanimously. There being no further discussion, the hearing was completed at 12:05 p.m.
2004-2781
PL0833
HEARING CERTIFICATION - BRITTARA LAND COMPANY, LLC (AMUSR #935)
PAGE 8
This Certification was approved on the 11th day of October 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
SI
���Y, C�DO
��� D. Masden, Chair
C r' Clerk to the Board
,1861 `i-i,iv -4,
William H. e, Pro-Tern
� Ote
J'^ = � Clerk to the Board /../r.--ri
.r�rl M. J. Geile
TAPE #2004-45 and #2004-46 EXCUSED
David E. Long
DOCKET#2004-89 EXCUSED DATE OF APPROVAL
Glenn Vaad
2004-2781
PL0833
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR #935 - BRITTARA LAND COMPANY, LLC
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 08/17/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Completed items prior to
scheduling dated 09/02/2004; and Letter
from Applicant dated 09/01/2004
F. Krist Mathicen I ettar of Cnnrarn
G. Tom and Nancy Vetter Letter of Opposition, dated 09/23/2004
H. James and Nanette Jeppesen E-mail of Concern, dated 10/03/2004
Barry and Joyce Bromley Letter of Opposition, dated 10/01/2004
J. James and Nanette Jeppeseon Signed original of previous e-mail received
(EX. H), dated 10/03/2004
K. Planning Staff Certification and Photo of sign posting
L. Planning Staff Memo re: New Development Standard #2,
dated 10/06/2004
M. Health Staff Memo re: Typographical error in
Development Standard #13, dated
10/06/2004
N.
O.
P.
O.
R.
S.
T.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF OCTOBER, 2004:
DOCKET#2004-75 - ROBERT CARPENTER AND DAVID LOTTMAN
DOCKET#2004-88 - MICHAEL AND NICOLETTE THOMPSON
DOCKET#2004-89 - BRITTARA LAND COMPANY, LLC
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
J,���2s 4d1'� 3 /1 f 7 Ge , /g1 ���U iJ f0 6. �O ‘ ;z
4t-u J �D 3 7 l'./C l ql Fl-, (21 C Ca 87X0 /
ST-3 .3L 14,c_-_A 3g pEe� a 801 5`/
el( S-i-wry) S jo/ to C4 gk- /%/4-/i fo hacr
r zz9 13����qtr. 3 � � �r�. t,J0-4 e-etRo�, Co V0Si 3
Nct e Vellum L/7a0 wcrc32 f/affrudip , Co 8'065-/
55o3 tact ass XU7rethicLE (1 8665 j
\Sera;cer 4 Cnseuf 51311 OCR 34 Ian-fume , Co gates }
WSJpt,) ato-nrtay— I12>O/�2',l iw u kb- {/ CbvNyietz 00 . �0o2o
!' lle \'�Qv1'Y64 �" 7BD &iJ1v,,0 &r 1 Lcl' Ab ec2' C,d gaffe .
S PN Y dzoL)cz lot? ieEM„nz,e' C-r NIi wosot C D cco Sd
�(-- 5'sb ' iccz Av. C.3,rtla,td) Co. 80538
Hello