HomeMy WebLinkAbout20043099.tiff HEARING CERTIFICATION
DOCKET NO. 2004-98
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1484
FOR A USE PERMITTED AS A USE BY RIGHT IN THE INDUSTRIAL ZONE DISTRICT
(SANDBLASTING BUSINESS)IN THE A(AGRICULTURAL)ZONE DISTRICT-JAMES
STEPANEK
A public hearing was conducted on November 10,2004,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, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 22, 2004, and duly published October 27,
2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of James
Stepanek fora Site Specific Development Plan and Use by Special Review Permit#1484 for a Use
Permitted as a Use by Right in the Industrial Zone District (sandblasting business) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. 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 application was submitted to address a zoning violation for operating
without the appropriate Use by Special Review Permit and, if approved, the violation case will be
closed. Mr. Gathman gave a brief description of the location of the site and surrounding uses. He
stated 11 referral agencies reviewed this proposal, seven responded favorably or provided
comments that have been addressed in the Conditions of Approval and Development Standards,
and no responses were received from Larimer County, Boulder County, or the Berthoud Fire
Protection District. He further stated a surrounding property owner, Lawrence Whipkey,expressed
concern regarding sand blowing from the site. Mr.Gathman explained the sandblasting operations
will take place in an existing, small wooden building, which currently has no closing doors. He
stated the Department of Building Inspection is requiring a structural report prepared by a Colorado
registered engineer,and there is a Condition of Approval that will require all sandblasting be done
in an enclosed building. He further stated the Planning Commission did amend the allowable noise
level from residential to commercial levels, as well as agreeing to allow the applicant to operate a
compressor outside the building due to concerns regarding fumes in the building. Mr. Gathman
reviewed the site layout, stated the applicant does not live on the site, and indicated the locations
of surrounding residences. In response to Commissioner Jerke, Mr.Gathman stated he observed
significant amounts of sand when he visited the site in July; however, it is his understanding that a
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lot of the sand material has been cleared. He further stated there is a large metal building on the
site where the applicant intends to store sandblasting materials and equipment,and the only thing
that will be stored outside the building will be the compressor. In response to Commissioners Geile
and Long, Mr.Gathman stated the indoor storage is addressed in Development Standard#17 and
the Planning Commission's recommendation for approval was unanimous.
Char Davis, Department of Public Health and Environment, stated the site will be serviced by the
Little Thompson Water District. She explained the applicant initially indicated he would use the
larger metal building located closer to the home; however,because he is now proposing to use the
wooden shed, which is more than 200 feet from the residence, an individual sewage disposal
system will be required. Responding to Commissioner Jerke, Ms. Davis stated her original
recommendation was to restrict the site to residential noise levels; however, the Planning
Commission changed the restriction to noise levels allowed in the Commercial Zone District, as
reflected in Development Standard#7. In response to Commissioner Geile, Ms. Davis concurred
Development Standards#16 and#17 require the operation to occur within an enclosed building,and
the applicant has agreed to modify the old structure accordingly.
Donald Carroll,Department of Public Works,stated Weld County Road 1 is classified as a collector
status road, which is maintained by Larimer County. He stated Weld County does not have any
right-of-way on the north side of the Weld County Road 38 section line, the average daily traffic
count on County Road 1 is approximately 2,300 vehicles,and there is one main access with good
traffic circulation within the site. He stated because the applicant is proposing an enclosed
operation and he has cleaned up a lot of the silica sand, staff has no concerns regarding
stormwater.
Chrysten Hinze, Attorney, represented the applicant and stated other uses in the area include
agribusiness,farming,industrial/commercial equipment repair,and UPS truck drivers. She stated
the applicant purchased the property in 1990, he is a contracted sandblaster, and this site is used
primarily to generate samples for his clients. She stated the older outbuilding on the site does have
a concrete floor,the applicant has agreed to close the openings,and the compressor will be located
outside due to fumes and potential damage to the engine caused by dust from the sandblasting
process. She stated the applicant generally only works at this site one or two times a month and
sometimes not at all. The average time spent on a project is four to six hours, therefore,they are
requesting hours of operation from 8:00 a.m. to 5:00 p.m., Monday through Friday. She further
stated the operation does require an occasional semi truck delivery of large sand bags that are
stored in the large metal building,the applicant uses his own truck for the business, and there are
no other employees. She reviewed the equipment used,submitted a sample of the sand, marked
Exhibit G, and stated the applicant will be required to submit a Dust Abatement Plan. Ms. Hinze
submitted letters of support,marked Exhibits H, I,J,K, L,and M,and acknowledged there are some
neighbors who are concerned with the potential for full-time use of the site. She submitted
photographs of the property, marked Exhibits N and O, and she verified no new construction is
planned. She stated there are some Conditions and Development Standards which they would like
to modify. She stated the structure proposed for the use is located 230 feet from the residence and
the applicant has full access to the house because a friend lives there free of rent,therefore,they
feel requiring a septic system is excessive. However, if the 200-foot rule must be enforced, as
indicated in Condition#1.1, she requested the applicant be allowed to place a Port-A-Potty on the
site. Ms. Davis stated the requirement is implemented for structures where people work, live, or
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congregate,therefore,she feels the requirement should apply to this structure where the applicant
will work. Commissioner Vaad commented due to the limited amount of time the structure will be
used,he feels that requirement can be waived,and the Board concurred. Ms. Hinze also requested
Development Standard#10 be removed. Commissioner Vaad commented that needs to remain
since there is an existing system for the residence. Mr. Morrison suggested the Board delay its
decisions until after public testimony. Ms. Hinze requested Development Standard#7 be modified
to allow for an industrial noise standard to coincide with the proposed industrial use. She stated
there are some commercial uses and related truck traffic, in addition to the residential uses in the
area. She explained the commercial noise standard is 60 decibels,which is similar to background
music or conversational speech,and she reviewed comparisons for higher decibel readings. She
explained the statute does allow for construction to occur at an industrial level due to the short-term
nature of the use, and she likened the proposed use to short-term construction noise levels. She
stated the applicant will be required to submit a Dust Abatement Plan, and she requested
Development Standard#11 be modified to add the word"reasonably"before the word"required"to
provide some flexibility. She further stated this is a residential property and permitted burning of
trash should be allowed,therefore,she requested Development Standard#14 be modified to state,
"There shall be no open burning conducted on the site, without a permit, with the exception..." In
response to Mr.Morrison, Phil Brewer,Department of Public Health and Environment,stated open
burning of commercially derived trash/materials is not allowed in the State of Colorado. He stated
the resident of the house can burn residential trash. Based on those comments, Ms. Hinze
requested the Standard be modified to state, "There shall be no open commercial burning
conducted on the site..." She further requested Development Standard#18 be modified to state
"The hours of operation shall occur between the hours of..."to clarify this is not a full-time use. She
stated the sandblasting will be done in an existing building, which will require the structure to be
enclosed; however, if no more than those additions, alterations, or repairs are required, the
standards of Section 29-3-40 of the Weld County Code should apply,without having to bring the
entire structure up to Code. Lastly,she requested Development Standard#23 be modified to state,
"The work or change of use described in the Building Permit shall conform..."Commissioner Geile
commented the intent of the current language is clear that the building must be in compliance with
the Codes.
Nancy Frase,Frase Consulting Group, Inc.,stated she was hired to represent the interest of various
neighbors in Berthoud, and her comments reference documents included in the packet, marked
Exhibit Q. She stated she represents six households,and four of her clients are in attendance. Ms.
Frase stated their primary request is to deny this proposal based on incompatibilities regarding
noise, hazardous dust,appearance,and property values. She stated one of the homes is located
within 200 feet of the proposed use,and those residents report an animal that recently died of lung
cancer, as well as negative impacts on their organic garden. She further stated there is a home
within 400 feet,and ten more homes within 1,500 feet. Ms. Frase stated the opponents support the
requirement of an Air Pollution Emission Notice (A.P.E.N.) and Dust Abatement Plan, and they
request the Plan also be reviewed by Boulder and Larimer Counties since the site is within 100 feet
of both entities. She stated they also support staffs recommendation regarding a Waste Handling
Plan, no open burning,and control of noxious weeds. She requested a Condition be included that
states no fugitive dust shall be allowed to leave the property, including sand, metal, and wood
particulate matter. Ms. Frase stated toilet and hand washing facilities should be required since the
only other facilities are located in the residence, the hours of operation should be restricted from
weekends and evenings to be compatible with surrounding residential uses, and they request no
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additional employees be allowed, including the renter of the property. She stated they support the
requirement of indoor storage; however,the proposed storage structure is not adequate and will
allow materials to blow from the site,and if the applicant intends to use the older structure,it should
be brought up to County Code requirements. Ms. Frase referenced an e-mail response from the
Larimer County Department of Health and Environment, dated August 6, 2004, which indicated
sandblasting operations typically require large amounts of staff time to deal with complaints and
violation issues. She stated the noise levels are set by State statute,therefore, she does not feel
the Board has the authority to alter the requirements,and she added the neighbors have indicated
the pitch of noise will be difficult to mitigate. She stated the neighbors also request a probationary
period and unannounced inspections, as recommended by Larimer County. She stated the
applicant has falsely represented himself on various occasions,which she reviewed for the record,
and she concluded by reiterating her clients' primary request is to deny the application based on
incompatibilities.
Robert Whipkey, surrounding property owner,stated he is also speaking on behalf of the property
owner to the south. Mr. Whipkey stated the operation has been continuous and has received
numerous complaints expressing the neighbors'opposition. He stated Mr. Brewer conducted an
inspection of the site and indicated the sandblasting operation is supposed to obtain a State permit.
Mr.Whipkey expressed concern with decreased property values,noise,and dust containment. He
stated the amount of work conducted at the site exceeds what constitutes sample work, and he it
is very likely some of the paint being removed contains lead. He commended the applicant for his
quality of work; however, he is opposed to the proposal.
Ellen Gale,surrounding property owner,expressed concern regarding noise and dust containment.
Ms.Gale stated she complained in February because the applicant been sandblasting for two days,
which indicates he does more than sample work at this site. In response to Chair Masden,Ms.Gale
stated she called and reported the incident to the Weld County Department of Public Health and
Environment,and the Environment Protection Agency;however,she is uncertain how much longer
the activity lasted because she had other obligations away from home.
Jerry Schneider,surrounding property owner,expressed concern with dust and noise. He stated
the area is primarily agricultural and residential,and in the future there will likely be more residential
uses. He added the wind generally comes from the northwest,and primarily impacts the properties
to the southeast.
Sherri Schneider,surrounding property owner,stated she concurs with the previous comments,and
stated she wants the area to remain agricultural or only grant uses that will ensure the health,safety,
and welfare of the residents.
Roger Seat,surrounding property owner,stated there are better locations for the proposed industrial
use. He stated the applicant has indicated he will do mitigation measures; however,it will be difficult
for the County to monitor. He stated the small number of houses being impacted should not make
a difference on the Board's decision. He suggested the hours of operation be narrowed down to
Mondays, from 8:00 a.m. to 12:00 p.m., to more accurately reflect the limited amount of work the
applicant proposes to do at the site. He further stated denial of this request will not impact the
applicant's livelihood because there are appropriate locations for this type of operation.
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Mr. Brewer referenced a letter from the Colorado Department of Public Health and Environment,
dated October 8, 2004, indicating the proposed operation is exempt from permit and A.P.E.N.
requirements due to the amount of sand material being used per year. However,although the facility
is exempt, the applicant is still required to meet Air Quality Control Commission standards.
Nadine Whipkey, surrounding property owner, stated most home businesses do not affect the
quality of life for surrounding properties. She stated this has negative affects on the ground and air,
and the applicant has moved away from the hazards. There being no further comments, Chair
Masden closed public testimony.
Ms. Hinze stated this property is located in Weld County and should not require comment from
Larimer County or Boulder County regarding the Dust Abatement Plan. She stated the dust control
issues will be addressed through compliance with the proposed plans and existing regulations. She
further stated the applicant's perception is that this site is used for generating samples, and the
amount of work totals about 80 hours per year, or seven to eight hours per month. In response to
Commissioner Vaad, Ms. Hinze stated the applicant will install doors and windows and seal any
openings where dust can escape. She stated the applicant has owned the site for ten years and
the amount of sand observed at the site accumulated during that time. Responding to Chair
Masden, Ms. Hinze stated the compressor is a large diesel unit and dust from the operation could
get in the engine of the machine, therefore, it will be located outside the building.
In response to Commissioner Vaad regarding the applicant's request to modify Development
Standard #7 to industrial noise standards, Ms. Davis stated 60 decibels are allowed in the
Commercial Zone,which is likened to an air-conditioning unit or speech,and the effect is intrusive.
The industrial level is 80 decibels, which is similar to an alarm, and the effect is annoying. She
explained every 10-decibel increase doubles the noise level,and her data shows a compressor at
81 decibels, although the applicant indicates his unit does have mufflers. She further stated the
noise measurements are taken 25 feet from the property boundary. Commissioner Geile expressed
concern with allowing industrial decibel levels in a residential area, and he prefers to keep the
commercial standard. Commissioner Vaad concurred and stated he feels the commercial levels
are reasonable. Regarding the proposed change to Development Standard #11, Mr. Brewer
explained the applicant may or may not be able to attain the 20 percent opacity standard with dust
control measures,and if that standard is not attained,he will have to install additional equipment or
be in violation of State regulations. He would be required to submit a written plan for controlling the
dust amounts to ensure the operation does not create nuisance conditions. Commissioner Geile
stated he feels there are clear requirements and the current language is sufficient. Regarding the
proposed change to Development Standard #14, the Board concurred that since the burning of
residential trash is allowed,the current language is adequate. The Board indicated no concern with
modifying Development Standard#18 to replace"shall be"with"shall occur." It was also expressed
that the previous discussion regarding Development Standard#23 addressed the issue and the
current language is sufficient. The Board agreed to delete Condition of Approval #1.1 and keep
Development Standard #10 because it relates to the existing septic system for the residence.
Commissioner Jerke commented he supports denial of this request based on testimony indicating
it is incompatible due to dust, noise,and health and safety risks. He stated it will be difficult for the
applicant to close an open building or bring it up to code as required by Development Standard#23,
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and he feels the proposed hours of operation do not coincide with the described limited nature of
the operation, and there does not appear to be any benefit for the neighbors.
Commissioner Geile commented it appears that it would be difficult to contain the dust to the site,
and the proposed use appears to be incompatible with the surrounding area.
Commissioner Long concurred with the comments made by Commissioners Jerke and Geile.
Commissioner Vaad stated he heard testimony and recommendations from the neighbors for tighter
controls if approved, and he has considered the amount of time the applicant has been operating
the business, although inappropriately. He stated at the violation hearing he was given the
impression that the site was used for minor work; however, the public has provided testimony
suggesting lengthy projects and the possibility of removing lead-based paint. Commissioner Vaad
stated he concurs with Commissioner Jerke's comments regarding the amount of investment the
applicant has made in comparison to the limited scope of work to be done,especially since he does
not live on the property.
Commissioner Jerke moved to deny the request of James Stepanek for a Site Specific
Development Plan and Use by Special Review Permit#1484 fora Use Permitted as a Use by Right
in the Industrial Zone District(sandblasting business)in the A(Agricultural)Zone District, based on
issues of incompatibility regarding air quality and noise, and concern for the health, safety, and
welfare of the residents. The motion was seconded by Commissioner Geile, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:30 a.m.
This Certification was approved on the 15th day of November 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
4 E LZ W D COUNTY, COLeSCIAL nL1(O,RADO
`%Z. - Robert D. Masden, Chair
pu i, Clerk to the Board
) / William H. J <e, Pro-Tem
BY:
Deputy Clerk to the Board
. J eile
TAPE #2004-51 E
David E. ng
DOCKET#2004-98
Glenn Vaad
2004-3099
PL1748
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1484 -JAMES STEPANEK
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 09/21/04 and
08/17/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items prior to scheduling, dated
10/14/2004; and letter from Chrysten Hinze,
dated 10/11/2004
F. Planning Staff Certification and Photo of sign posting
G. Applicant Sand Sample
H. Applicant Letter from John Goodermuth, dated
11/06/2004
I. Applicant Letter from Leslie Gerber, dated 10/31/2004
J. Applicant Letter from Mark Wynn, dated 11/01/2004
K. Applicant Letter from Russell Spiggs, dated
10/30/2004
L. Applicant Letter from Elsie Winn, dated 10/31/2004
M. Applicant Letter from Marsha Birkland, dated
11/01/2004
N. Applicant Two photos of the site
O. Applicant Two photos of the fence line
P. Phil Brewer Letter from Christopher Laplante, State
Health Department, dated 10/08/2004
Q. Nancy Frase Copy of PowerPoint Presentation
R.
S.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 10TH DAY OF NOVEMBER, 2004:
DOCKET#2004-98 -JAMES STEPANEK
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