HomeMy WebLinkAbout20031813.tiff HEARING CERTIFICATION
DOCKET NO. 2003-52
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1427
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (WOOD
PALLET BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - MANUEL AND
ANITA SANCHEZ AND MAURILIO NAVARRO
A public hearing was conducted on July 16, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robed D. Masden, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 27,2003,and duly published July 3,2003,in the
South Weld Sun, a public hearing was conducted to consider the request of Manuel and Anita
Sanchez and Maurilio Navarro for a Site Specific Development Plan and Use by Special Review
Permit #1427 for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts(wood pallet business)in the A(Agricultural)
Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Kim Ogle,
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. Mr.Ogle stated
the site is within the three-mile referral area of Evans,LaSalle,and Greeley,and the City of Greeley
has requested additional road right-of-way. Mr.Ogle stated access is from Weld County Road 52,
potable water is from a private well and an Individual Sewage Disposal System serves the site. He
stated one letter of opposition has been received from a surrounding property owner, and at the
Planning Commission hearing,Commissioner Rohn voted against the proposal,citing health,safety
and welfare issues relative to the neighborhood and the County. Mr.Ogle showed photographs of
the site taken from Ms. Roth's property.
Char Davis, Department of Public Health and Environment, stated she has no comments.
Don Carroll, Department of Public Works, stated Weld County Road 52 is a local paved road with
a traffic count of approximately 190 on April 17,2002,and the north/south road is a local gravel road
with a count of about 77. He stated there is only one main access to the site. Responding to
Commissioner Vaad, Mr. Ogle stated Commissioner Rohn's comment was that he did not feel the
use was compatible because there is no water or hydrant on site,and his concern was the potential
for fire, with the nearest water line being some distance away.
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Rito Gallardo,interpreter,asked the Board to reconsiderthe hours of operation to allow for operation
during daylight savings time from 7:00 a.m.to 7:00 p.m., Monday through Saturday. They are also
asking an extra one-half hour for clean up time, during which no equipment would operate. Mr.
Gallardo stated the applicants are also requesting the Board allow them to operate extra hours to
make up for time when a piece of equipment breakdown. Responding to Commissioner Geile, Mr.
Gallardo stated the site is 6.5 acres,and Ms. Roth lives in the nearest residence. Responding to
Commissioners Vaad and Masden,Mr.Guarlardo stated the noise associated with the clean up time
is minimal,since they are getting a dumpster to which they will wheel all debris from the work site,
and no operation or use of equipment would occur during the cleanup period. Responding further
to Commissioner Masden, Mr. Guarlardo stated during hours of operation,one saw,air guns,and
a fork lift are used,with some used inside. He further stated the entire property between the Roth's
and the applicant will be screened with a six-foot privacy fence, and the stacks of pallets will be
lowered to the height of the fence. Commissioner Vaad stated he is resistant to allowing breakdown
time, because of the need to make the operation compatible to neighboring sites. He indicated it
would be more of a business decision to build in time for an equipment breakdown, since it is not
compatible to the neighborhood to have the noise until 11:00 p.m. Commissioners Vaad and
Masden stated the daylight savings request seems reasonable. Mr. Gallardo stated Mr. Sanchez
has no control over when supplies are delivered,and there is one semi-truck every three weeks for
delivery of materials, and one five-ton truck each day to remove pallets. Responding to
Commissioner Geile,Mr.Gallardo stated there are four employees,all of which are family members.
Any other people seen on the property are friends orfamily members who are visiting. Responding
to Commissioner Geile, Mr. Ogle stated the buffering and landscaping are addressed in
Development Standards #5, #19, and #22.
Jennifer Roth,owner of adjacent property, presented a petition, marked Exhibit G,and stated she
moved there in January of 2001, when the site was in excellent condition. She stated the pallet
business began with the previous owners, and when she inquired about a permit, she was told by
the previous owner that a Use by Special Review Permit was in place. She called in a complaint,
which initiated this process. Ms. Roth stated the photographs were taken since the Planning
Commission hearing, and she reviewed a list of complaints about times when equipment was
running outside the agreed hours of operation. She stated policing of employees and hours is her
major concern, as well as the fact that the operation continues to grow. Ms. Roth stated there is
a lot of noise even when cleaning up, and the racket is from two-by-fours being thrown together.
She also stated an air compressor caught fire when it was left on when unattended,the pole barn
is already full to capacity,and the fence is six-foot tall already;however,she can still see the stacks
of pallets over the top of it. Ms. Roth stated she is asking that the permit not be issued. Responding
to Commissioners Jerke and Long, Ms.Roth stated she has lived on her propertyfor 2.5 years,and
the signators of the petition live mostly south of Weld County Road 52,and own property within 500
feet of the property who received notice of this hearing.
Steve Pifer,Wheatland,Wyoming,stated he is Ms.Roth's father,and asked when the privacy fence
will be installed. He said that,although the applicant stated they only operate nail guns,a saw,and
air guns,there is a lot of racket going on. He also said there are ten or twelve people within 500 feet
of the property,and reiterated this business all started without a permit, as early as August of last
year. He stated his main concern is that with this happening now without a permit, it will only grow
bigger and noisier if a permit is issued. He also stated that, even though the County is requiring
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restrictions on working hours, they already have a full scale activity going on without regard to
restrictions.
Bill Roth,owner of adjacent property to the south and west,stated this is an inappropriate location
for this type of business with all its mess and clutter. He said it is becoming an eyesore, and it is
growing week by week. He said it started small and will soon have all six acres covered with wood,
trash and pallets. He stated he is concerned about the use of nail guns in open areas,operated by
people who do not know how to handle them,citing safety concerns for people on adjoining property.
Mr. Pifer added a question regarding the depth of the groundwater table,which he believes is 18
inches,and indicated concern with chemicals leaching off treated wood. Chair Long closed public
testimony.
Mr. Ogle stated the property was approved for Use by Special Review#583, which was a liquid
fertilizer storage and sales facility, and operated as such from 1983 to 1997. He stated this use
came to his attention as a complaint in November of 2002. In lieu of starting a violation, he talked
to the applicant and suggested the permit process fora pallet operation. Mr.Ogle stated at that time
Mr. Sanchez was under the understanding that he was properly permitted. Mr. Ogle stated Mr.
Sanchez identified four employees to him, who are also family members: Artenio Gomez, Anita
Sanchez, Maurilio Navarro, and himself, and stated the specific individuals could be named in
Development Standard#3. Mr.Ogle also stated that,after viewing photographs submitted by Ms.
Roth, he requested Jason Gooddale with the LaSalle Fire Protection District, to see whether the
propertywas in violation of the fire code or of concern. Mr.Gooddale stated they are not in violation
as to what the fire district is looking for,and the only concern is for access and ability to get a truck
on site. He stated there are stipulations in the referral submitted byTerryJoseph,regarding turning
radius and access, there should not be storage of combustible materials within ten feet of the
property line,and storage in the open shall not exceed 20 feet in height,as well as additional dust
control measures should the operation be moved indoors. Mr. Ogle stated he has requested the
fence be installed immediately,and requested clarification as to where it will be installed and how
long it will be, since the property measures 1300 feet on one side. Mr. Ogle also stated the
Conditions of Approval and Development Standards state the stacks cannot exceed the height of
the fence material; however,when offloaded from the semi-trucks,it is being stacked 12 to 15 feet
high. Responding to Commissioner Geile,Mr.Ogle stated an opaque fence is required. Mr.Carroll
stated he concurs with 18 - 24 inches being the ground water depth; however, Ms. Davis stated
there is not anytreated wood involved. Responding to Chair Masden,she said if it were treated,the
applicant would be required to keep it off the ground.
(Changed to Tape #2003-28.)
Ms. Sanchez,through Mr. Gallardo, stated they are trying not to bother anyone and they will work
with whatever requirements the Commissioners establish. She further stated it is a business;
however, it is also their home, and they are trying to settle without having conflicts with the
neighbors. She stated they are trying to better themselves and help the economy at same time,
while trying not to have the neighbors shut the doors on them. She also affirmed there is no growth
at present,they only have one customer being supplied at this time; however,if the business does
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progress,they will look for a bigger place to expand the business. Responding to Chair Long, Mr.
Guarlardo stated 90 percent of the business is inside, and they use the fork lift to go outside and
take the wood inside. Ms. Sanchez stated sometimes the piles outside are because they work
during the day, and it is sometimes the next day before the others come in and remove the piles.
After discussion regarding naming the four employees, Mr. Morrison stated the only reason they
determined the four employees are family members were concerns regarding the septic system,
and it would not be appropriate to name individual employees in the permit. Mr.Ogle recommended
adding a Condition of Approval to state the waste material being moved from the site be placed in
a roll-off dumpster.
Regarding Development Standard#4,concerning hours of operation,Commissioner Masden stated
he is not agreeable to allowing breakdown time,although change of hours for daylight savings time
is okay with him,as well as one-half hour a day for cleanup if no equipment is running. Responding
to Commissioner Vaad, Mr. Gallardo stated since the Planning Commission hearing, they have
cleaned up the site, making it look cleaner, cut down on the noise level, and have moved most of
the operation inside the building to keep the noise away from the neighbors. Commissioner Vaad
stated he is comfortable with the cleanup time;however,changing the hours during daylight savings
only adds hours for operation and he is not in agreement with it. Chair Long stated it is hard to
extend hours of operation,even during daylight savings time, in respect to nuisance conditions to
the neighbors,although the cleanup extension is okay. Commissioner Masden stated he would go
along with that recommendation,and he moved to extend time by one-half hour for cleanup only,
with no equipment running,after 5:00 p.m.,leaving the hours of operation 7 a.m.to 5 p.m.,Monday
through Saturday,with no extension allowed to make up work in case of an equipment breakdown.
The motion was seconded by Commissioner Vaad, and carried without objection. Chair Long
verified,with Mr.Gallardo,that the applicant understands and agrees with the other Conditions of
Approval and Development Standards. Mr.Ogle requested Development Standard#23 be inserted
to require the use of a roll-off dumpster for removal of trash.
Commissioner Geile moved to approve the request of Manuel and Anita Sanchez and Maurilio
Navarro for a Site Specific Development Plan and Use by Special Review Permit#1427 for a Use
Permitted as a Use by Right,an Accessory Use,or a Use by Special Review in the Commercial or
Industrial Zone Districts (wood pallet business) 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 and amended above. The motion
was seconded by Commissioner Vaad. Commissioner Jerke stated he was ready to make a
motion to deny the application, since all he is hearing is compatibility as the major issue, when
basically this is a manufacturing facility that has gone into an agricultural area, within 30 yards of
an existing home in advance of the proper permits. In addition,there are numerous homeowners
who own property within 500 feet,who have signed the petition. CommissionerJerke stated he did
develop some of the property in which the property owners are in opposition to this proposal, the
Scotch Pine Estates Subdivision is directly up the hill, and a piece of that is within 500 feet of this
property. He stated that is relevant because he has talked with those homeowners through the
years and they love where they live, largely because it is so quiet,and they do not have the noise,
day in and day out of a manufacturing concern; therefore, it is extremely incompatible. He further
stated it is a matter of timing,since the residences located there first,and he will oppose the motion
vigorously. Commissioner Jerke noted the previous owners ran a liquid fertilizer operation,which
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was a very different type of application than this one.
Commissioner Vaad stated the County allows special use permits, mainly for agricultural zoning,
in order to gain some control by Conditions of Approval and Development Standards required with
the issuance of the permit;therefore, if the applicant is not in compliance,the special permit goes
away and there is a violation and the operation ceases. Commissioner Vaad stated he is convinced
Mr. and Mrs. Sanchez have made diligent efforts to respond to issues and make appropriate
changes, and they have stated if the business grows they will look for another place to expand.
Commissioner Vaad stated the timing of the development is troubling, but he will still support the
motion. Commissioner Geile stated in addition to Commissioner Vaad's comments, the major
issues are the hours of operation, which has been dealt with; the fence,which will be addressed
with the privacy fence;and the manner in which materials and products are stored on the property
and the assembly of pallets, which are now being constructed inside the building, in an effort to
reduce the noise. Therefore, he will support the motion. Commissioner Masden stated he is in
favor of small business;however,due to the proximity of residences,he will not support the motion.
Chair Long stated it is a struggle, and compatibility is a big issue, which, after listening to the
testimony,he is not convinced it would be totally addressed;therefore,he is not able to support the
motion. On a call for the vote, the motion failed, 2 to 3,with Commissioners Jerke, Masden, and
Long opposing.
There being no further discussion, the hearing was completed at 12:05 p.m.
This Certification was approved on the 16th day of July, 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
D C UNTY, C LORADO
ATTES •
47/4 David E. Long, Chair
to the Board
EXCUSED ATE OF PROVAL
1gbI ( ..! ;g,•, Robert D. asden, P o-Tem
�' yI
er) = Cl '' 'the Board
® < . M. . Geile
TA�'�''�r!ui;� & #2003-28 �t
William H. Jerk
DOCKET#2003-52
Glenn Vaad
2003-1813
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1427 - MANUEL AND ANITA SANCHEZ/MAURILIO NAVARRO,
C/O RITO GALLARDO
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (06/03/2003)
D. Clerk to the Board Notice of Hearing
E. Jennifer Roth 23 site photographs received 7/14/03
F. Planning Staff Affidavit of posting
G. Jennifer Roth Petition
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF JULY, 2003:
DOCKET#2003-52 - MANUEL AND ANITA SANCHEZ/ MAURILIO NAVARRO, C/O RITO GALLARDO
DOCKET#2003-55 - HAROLD AND DORIS BUXMAN / DON AND LISA BUXMAN
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