HomeMy WebLinkAbout20030890.tiff HEARING CERTIFICATION
DOCKET NO. 2003-21
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1416 FOR A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (DISPLAY
FIREWORKS STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT -WILLIAM
AND ANN STONEBRAKER
A public hearing was conducted on April 2, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner M. J. Geile - EXCUSED
Commissioner William H. Jerke
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, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 14, 2003, and duly published March 20,
2003, in the South Weld Sun, a public hearing was conducted to consider the request of William
and Ann Stonebraker for a Site Specific Development Plan and Use by Special Review Permit
#1416 for a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (display fireworks storage) in the A (Agricultural) Zone District. Lee
Morrison, Assistant County Attorney, made this a matter of record. Chair Long advised the
applicants' representative, Linn Leeburg, Leeburg and Associates, 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
Geile will listen to the record and make the determining vote. Mr. Leeburg indicated he would
like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He gave a brief description of the location of the site. He stated 13 referral agencies
reviewed the case, nine responded favorably or included comments which have been included
in the Conditions of Approval and Development Standards, and the remaining agencies did not
respond. Mr. Gathman stated he did receive a telephone call from the Southeast Weld Fire
Protection District indicating no concerns with this proposal. He stated staff received one letter
from a surrounding property owner expressing concern regarding increased traffic, conflicts with
large vehicles, the appearance of the site, pollution from the manufacturing of fireworks, road
damage and deterioration, and potential for ground contamination from the storage of
chemicals. They also requested the applicant pave the road. Mr. Gathman stated applicants
are estimating this operation will generate three round trips per day, with most vehicles weighing
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less than 10,000 pounds. He explained the site will be used for storage only; no manufacturing
will be conducted. The fireworks will be stored in metal units that are fire, weather, and theft
resistant, in accordance with regulations of the Department of Treasury, Bureau of Alcohol,
Tobacco, and Firearms (ATF). He stated the applicant has indicated fencing, screening, and
road improvements will be placed on the site prior to applying for Building Permits, in which
case an Improvements Agreement would not be required and Condition of Approval #1.E could
be deleted. Mr. Gathman displayed various photographs of the site and the surrounding area,
and in response to Commissioner Vaad, he stated Weld County Road 18 is located to the north.
He indicated the location of the access on the west side of the property, and the applicant has
also indicated the location of a future access extending through the center of the property. He
stated the proposed storage area will consist of 13 acres internal to the remainder of the site.
He further stated the applicants will place a six-foot chain link fence around the perimeter of the
property, and will initially install three or four storage units, with the potential to place up to 13
units.
Don Carroll, Department of Public Works, stated Weld County Road 18 is designated as a local
gravel road, with a traffic count of approximately 70 vehicles per day. He stated the applicant
indicated they will be using light-duty pickups and generating approximately three trips per day,
with an occasional large truck for deliveries. He further stated there is an existing access
through the current homesite; however, the applicants have proposed a future access leading
directly to the 13-acre parcel, and they will be required to surface the access with gravel.
Mr. Leeburg stated the 13-acre parcel is fully surrounded by 137 acres, which are also owned
by the applicants. He stated they will store display fireworks, which are classified as low
explosives, Class B, Type 13C explosives by the ATF. He stated this type of use is highly
regulated by the ATF, as well as the Uniform Fire Code (UFC). He further stated the applicants
and their predecessors have been in the fireworks business for approximately 80 years, and
have an exemplary safety record. Mr. Leeburg stated this will be a low intensity storage use,
which will supplement their business in the Dacono area. He stated there will be no permanent
employees or public signage other than what is required by the local fire protection district and
ATF, nor are there any water or electricity requirements. He further stated each unit must be
separated from the public by not less than 300 feet, and the distance between each unit is
determined by how much powder is stored. In response to Commissioner Masden, Mr. Leeburg
reiterated this site will be for storage only; there will be no manufacturing or retail activities.
Responding to Chair Long, Mr. Leeburg stated under the ATF and UFC regulations, the storage
units must be modified to be bullet, fire, and tamper resistant, with an elaborate locking system,
and they are also inspected on a regular basis by the ATF and local fire department. He
submitted a brochure and photographs of the present units at the Dacono site, marked Exhibits
F and G, respectively. Responding to Chair Long, Mr. Leeburg stated the application materials
indicate each container will hold no more than 10,000 pounds of powder; however, it is more
likely they will hold less than 5,000 pounds. In response to Commissioner Masden, Mr. Leeburg
stated the parcel will be secured by its orientation within additional property owned by the
applicant. He explained the containers will be surrounded by a six-foot security fence, the units
will be modified so that they are resistant to entry, and there will be little evidence or publicity of
what is stored on site. He stated the containers will be consistent in design and color.
No public testimony was offered concerning this matter. In response to Chair Long, Mr.
Leeburg stated he and the applicants have reviewed and agree with the proposed Conditions of
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Approval and Development Standards. Char Davis, Department of Public Health and
Environment, requested Development Standard #14 be modified to state, "All potentially
hazardous chemicals must be stored and handled in a safe manner in accordance with product
labeling." Mr. Leeburg concurred. In response to Commissioner Masden, William Stonebraker,
applicant, stated the site will generate two or three trips per day during the peak season, and
the remainder of the year they average one trip per week. He explained traffic entering this site
will pick up merchandise which will be returned to the Dacono facility for filling orders.
Responding to Chair Long, Mr. Stonebraker stated there may be times when some of the units
are empty, because this site will be used as supplemental storage space when the Dacono site
is full. Mr. Gathman stated the applicants have indicated they plan to install the fencing and
make the necessary site improvements prior to applying for Building Permits, therefore, an
Improvements Agreement will not be required and staff recommends Condition of Approval #1.E
be deleted. Mr. Leeburg stated the applicants would prefer not to enter into an Improvements
Agreement, therefore, as assurance to the County, they are willing to place the fencing and
roadway improvements prior to applying for Building Permits.
Commissioner Vaad moved to approve the request of William and Ann Stonebraker for a Site
Specific Development Plan and Use by Special Review Permit#1416 for a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(display fireworks storage) in the A (Agricultural) Zone District, based on the recommendations
of the Planning staff and the Planning Commission, with the Conditions of Approval and
Development Standards as entered into the record. His motion also included deleting Condition
of Approval #1.E and modifying Development Standard #14, to state, "All potentially hazardous
chemicals must be stored and handled in a safe manner in accordance with product labeling."
The motion was seconded by Commissioner Masden, and it carried unanimously. There being
no further discussion, the hearing was completed at 10:35 a.m.
This Certification was approved on the 2nd day of April 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WE COUNTY COLORADO
ATTEST: ge J l E 'ts { J e �m
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V4' v' E. Long, Chpa.
Weld County Clerk to th - +. + =; � \h ICI
c, Robert D. Masden, Pro-Tem
BY: cam_ •
Deputy Clerk to the Bob+.,! EXCUSED
M. J. Geile
TAPE #2003-11 EXCUSED DATE OF APPROVAL
William H. Jer
DOCKET#2003-21
Glenn Vaad-
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1416 -WILLIAM AND ANN STONEBRAKER
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 02/18/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certificate of sign posting
F. Applicant Mobile Mini, Inc., brochure
G. Applicant Photos of storage units
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 2ND DAY OF APRIL, 2003:
DOCKET#2003-21 -WILLIAM AND ANN STONEBRAKER
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