HomeMy WebLinkAbout20152154.tiff HEARING CERTIFICATION
DOCKET NO. 2015-32.D
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0004, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (40X80 SHOP AND PARKING FOR 20 SEMI TRUCKS) PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT - TERI SCHWARTZKOPF
A public hearing was conducted on August 5, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Diana Aungst
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated March 20, 2015, and duly published
March 25, 2015, in the Greeley Tribune, a public hearing was conducted April 29, 2015, to
consider the request of Teri Schwartzkopf, for a Site Specific Development Plan and Use by
Special Review Permit, USR15-0004, for any Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (40x80 shop and
parking for 20 semi-trucks), provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District, at which time the Board deemed it advisable to
continue the matter to July 8, 2015, to allow the applicant, adequate time to meet with
surrounding property owners, have a hearing before the Planning Commission which had been
continued to May 5, 2015, and present to a full quorum of the Board. A public hearing was
conducted July 8, 2015, at which time the Board deemed it advisable to continue the matter to
July 29, 2015, due to a scheduling conflict. A public hearing was conducted July 29, 2015, at
which time the Board continued the matter again to grant the applicant's request to present to a
full quorum. On August 5, 2015, Bruce Barker, County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and stated staff sent out 12 referrals; eight (8) indicated no concerns and the others
did not respond. She reviewed the application materials which indicated approximately 15
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employees would be on-site, the owner will continue to reside on the property, and there will be
parking for about 20 trucks. The Department of Planning Services has requested the applicant
put up screening due to concerns from the surrounding property owners. She clarified the site is
in an active zoning violation due to the operation of a commercial trucking business without the
proper permits. If the case is approved today it will correct the violation; however, if it is denied,
all but one vehicle will be removed. Ms. Aungst described the adjacent property uses as
pastures, crops, and rural residences. She also described the location of the closest residence
and the five (5) USR's in close proximity to support the compatibility of the applicant's proposal.
Staff has received phone calls and letters from surrounding property owners objecting to the
application. Ms. Aungst stated the site is not in the three (3) mile referral area of any
municipality, nor any intergovernmental agreement area of a municipality. She displayed images
of the site and surrounding views, the closest residence, and the locations of the surrounding
property owners that submitted letters of opposition.
• Wayne Howard, Department of Planning Services Engineering, provided a brief overview
of the transportation plans and requirements to include the average daily traffic counts and truck
percentages. He stated the traffic narrative indicated 15-20 trucks will utilize the site per day
with approximately eight (8) employees who would arrive at the site between
5:00 a.m. - 6:00 a.m., park their personal vehicles and pick up their commercial vehicles and
leave for the day, to return between 5:00 p.m. - 9:00 p.m. He reviewed the traffic routes and
stated a small Commercial Access Permit had been granted, AP#14-00508, and that standard
tracking control is required for this site. Mr. Howard suggested removing the requirement for the
Improvements Agreement and adding a Development Standard (DS) instead, and clarified that
neither drainage nor water quality were required. Lastly, he stated a Weld County Grading
Permit would be required, if the applicant disturbed over an acre.
• Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions and stated the house that is on-site is served by a domestic well and septic.
She clarified that employees on-site for two (2) hours or less can use portable toilets and bottled
water; however, if they exceed those parameters, they will require a permanent water source
and a commercial septic permit. She stated the applicant indicated there will be no washing,
painting, or fuel storage on the site and DS #12-23 address environmental health items.
Teri Schwartzkopf, applicant, Chris Carpenter, son of Ms. Schwartzkopf, and Juan
Ramirez, manager of trucking business were present. Ms. Schwartzkopf began by listing the
changes made since the hearing at Planning Commission and the efforts being made to
address the concerns of the surrounding property owners. She stated they had dropped the
number of trucks to 15, spoken to the neighbors, addressed dust control and traffic, moved the
parking, and are even offering to have the USR cancelled should they sell the property to
ensure that the USR does not continue to risk another operation moving in.
• Tami Long, neighbor to the south, expressed her frustration with the continuances and the
violation that has been going on since last October. She stated there are upwards of 30 trucks
and trailers coming and going at times and that she had submitted pictures of these activities to
the Planning Commission. She also mentioned people living in campers, early and late hours of
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activity, and that she has seen a decline in some of the activities since the hearing at Planning
Commission. She submitted a record of numbers of trucks and trailers and shop activity, with
dates and times as Exhibit E, to the County Attorney. Ms. Long reviewed her three
conversations with Ms. Schwartzkopf and also gave the history of why she moved to the area in
1993. She stated she does not want to live in an industrial or commercial area and that she
wants the area to remain rural and agricultural. Ms. Long asked what constitutes 20 trucks
because you can have twenty trucks with trailers on them and then a variety of other trailers
parked. She conveyed she does not want to see her property value decrease because of this
trucking operation and further stated, based on the past few months, she does not believe the
applicant will operate within the guidelines because every requirement has already been
broken. She also mentioned from a conversation with Ms. Schwartzkopf that Mr. Ramirez has a
brother interested in bringing more trucks to the property. She is concerned what will happen
when the application passes and the rules are broken. In response to Commissioner Conway,
Ms. Long stated there is no mitigation that will make this acceptable to her family and that she
does not want to live across the street from a commercial trucking operation. In response to
Chair Kirkmeyer, she confirmed there were four (4) RVs with people living in them.
Renee Perkins, neighbor directly to the north, stated she is concerned with the hours of
operation and the number of vehicles. She submitted a letter from a realtor, Exhibit F, to the
County Attorney, regarding the decrease in property value. In response to Commissioner
Conway, she replied that she has spoken to the applicant several times and told her she is not
in favor of commercial activity in the neighborhood. She further stated some downsizing had
happened when the meeting was to happen, but that she does not feel any mitigation will suffice
because she does not believe the applicant will follow the rules.
Mary Albee, neighbor directly to the east, less than 50 yards from the shop, stated she
concurs with the concerns listed by the others, and because of the close proximity of her home
to the applicant's shop, she listed off several other concerns. She does not support the
application because of her concerns with the noise, wafting odors, winter time diesel running all
night, and wind blowing the dust from the trucks and trailers. Ms. Albee stated the noise
penetrates her house and she is frustrated with the lengthy violation. She mentioned she had
spoken to Ms. Schwartzkopf one time and that it seemed Ms. Schwartzkopf was unaware of
some of the problems. Ms. Albee stated her husband is not in agreement either but could not be
present today. In response to Commissioner Conway, she said they have lived there for 15
years and she is unsure of mitigation because the hours were supposed to change after the
Planning Commission hearing and nothing has changed. In response to Chair Kirkmeyer, she
stated she is about 50 yards from the shop on Ms. Schwartzkopfs property.
Ms. Schwartzkopf stated she does live on the property, and since the last meeting, she has
made sure everything is shut down at 9:00 p.m. She clarified she has also stopped shop activity
on Saturday and Sunday. In regard to the campers being lived in, she clarified that one camper
belongs to her son, and that none of the campers have anyone living in them. Her son, Chris
Carpenter, explained that one of the biggest violators has been fired. Ms. Schwartzkopf stated
they have tried to bring everything into compliance, including dust control and stopping shop
activity at 9:00 p.m. She further stated that Mr. Ramirez has good control of his employees and
that she has been counting trucks daily. Mr. Carpenter mentioned dragging the property for
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weed maintenance at times. He also mentioned that because of Ms. Schwartzkopf's recent
health issues, he has been performing some of the property maintenance to include putting
crushed asphalt on the driveway.
• In response to Commissioner Cozad, Ms. Schwartzkopf stated she bought the property in
2004, and that her husband had a trucking business from 2004 to 2009 and did not know they
needed a permit. In response to Chair Kirkmeyer, she stated they had 8 trucks and 12 trailers
when her husband was running the trucking operation. In response to Commissioner Cozad,
Ms. Schwartzkopf replied that the shop was existing when they bought the property.
Mr. Carpenter explained the location of the existing parking is to maintain the agricultural part of
the parcel. He further stated they are willing to put in fencing and clarified there are three
campers on-site now; and, two of them belong to Mr. Ramirez and one of them belongs to him.
Lastly, Mr. Carpenter explained the access location.
• In response to Commissioner Conway, Ms. Schwartzkopf stated her efforts to be present
day and night since April, count trucks daily, and contact Mr. Ramirez if anything is not right.
She reiterated her belief that they have been in compliance since the last hearing. In response
to Chair Kirkmeyer, she stated she lives on the property. She explained she has been leasing
the shop to Mr. Ramirez since April and the neighbors are welcome to call or visit at anytime if
something is not right. Mr. Ramirez stated he is now down to eight trucks and is adhering to the
hours of operation. In response to Commissioner Conway, he replied they can keep the trucks
plugged in to prevent them from idling at night in the winter months.
In response to Chair Kirkmeyer, Ms. Schwartzkopf clarified the trucking operation with
truck parking and light maintenance to include changing tires, changing oil, or fixing a fender or
small repairs. Mr. Ramirez stated the trucks are used to haul water or materials, and that he
owns the trucks. He further explained he has four employees that park personal vehicles during
the day and pick up the trucks and a mechanic works on-site in the shop.
• Chair Kirkmeyer stated that the site looks like a mess and the noise and odor are real; the
comments that it will decrease property value is an issue; these concerns are a reality for
compatibility with surrounding property owners and fifteen to eighteen trucks is a lot to deal with.
The area is zoned agriculture and there are some incompatibility issues.
el Mr. Carpenter explained the pictures are from March and the site does not look like that
now. The tires have been removed, the campers have been parked, the reduction in trucks is
evident, and the site in general has been cleaned up. He also stated that he moved to the area
to help his mother get the property in order. In response to Commissioner Conway, he stated he
visits regularly to help.
• In response to Chair Kirkmeyer, Teri Schwartzkopf, indicated she has reviewed the
Conditions of Approval and Development Standards and stated the main thing is if anyone
thinks they are not in compliance, to please call her or Mr. Ramirez. In response to
Commissioner Conway, the neighbors have her cell number and they are welcome to have
Mr. Ramirez's number as well.
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• Commissioner Cozad asked for clarification regarding an amendment to DS #2 and any
possibility to remove or limit the vested property right. Bruce Barker, County Attorney, stated it is
a state statute with a three-year limit.
• Commissioner Cozad expressed her appreciation for the applicant's desire to have a
business on the property; however, she also stated it is the applicant's responsibility to know
what is required. Commissioner Cozad conveyed she would consider the proposal with the
following changes: limit outside storage of RVs, equipment, tires, etc., limit service and
maintenance of vehicles, add limitations to the hours of operation in regard to idling vehicles,
and add screening and landscaping specifically to buffer the noise and odors from the
neighbors. She addressed the public and clarified there are rules to be followed and if they are
not followed the USR can be revoked.
• Commissioner Moreno stated his uncertainty in regard to addressing the concerns of the
neighbors and moving forward with approval.
• Commissioner Freeman agreed with the uncertainty of approval due to the long term
violation. However, he stated he is in favor of private property rights and would consider
supporting this proposal with more mitigation.
01 Commissioner Conway stated the neighbors have painted a negative picture and the
question looming before them is if mitigation is possible. He stated he will consider the
suggested changes; however, he agreed there are serious issues not to be taken lightly.
el Chair Kirkmeyer stated she is still uncertain how this is compatible and how to move
forward with mitigation.
01 Commissioner Conway added his skepticism and lack of confidence regarding the
applicant offering cell numbers, since the neighbors have not reflected any positive dialogue or
confidence in the situation.
• Commissioner Cozad reiterated her desire to mitigate.
• Chair Kirkmeyer stated if it was a property right, they would not be in here asking for a Use
by Special Review Permit. She further stated it is not compatible and it negatively impacts the
neighbors. Commissioner Freeman responded that most USR's impact surrounding neighbors.
Chair Kirkmeyer responded the location is the issue with a neighbor 150 feet away. She
recommended reducing the number of trucks to five, no truck idling at night, only light servicing
of vehicles, no storage of campers, and repealing the USR if the property is sold.
Commissioner Cozad suggested modifying Development Standard (DS) #2 to revoke the
USR if the property is sold. Mr. Barker stated that would need to become a new DS, preferably
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#31, because DS #2 is language based on the County Code and standard to all USR's.
Commissioner Cozad moved to modify DS #3 to reduce the number commercial vehicles to 10
power units and 10 trailers, and no other vehicles other than personal vehicles can be brought
on-site for service or storage, including RVs or Mobile Homes. Chair Kirkmeyer stated she will
not be supporting this motion because the number of vehicles is still too high. Commissioner
Conway seconded the motion to amend DS #3. Commissioner Freeman requested the Board
consider amending the motion to reflect 8 power units and 12 trailers. Commissioner Cozad
seconded the motion to amend the motion. Chair Kirkmeyer requested a roll call vote to amend
the motion. The motion carried 3-2 with Commissioners Kirkmeyer and Moreno voting no. Chair
Kirkmeyer requested a roll call vote on the amended Development Standard #3, and it passed
3-2 with Commissioners Kirkmeyer and Moreno opposed.
Commissioner Cozad suggested amending DS #4 to reflect a change in the hours of
operation to 6:00 a.m. to 8:00 p.m., Monday through Friday, and add the restriction of no idling
of the vehicles outside the hours of operation. The Board agreed to this change.
She further recommended adding new DS #5 to reflect no outside storage of RVs, mobile
homes, tires or any other items considered to be part of a non-commercial junkyard; and,
adding verbiage to DS #3 restricting service to only the residential and commercial vehicles
owned or operated by the applicant and in conjunction to this Use.
Ms. Aungst provided the language for a new DS regarding the USR being terminated if the
property is sold and it shall read, "The Special Use Permit shall not be transferrable to any
successors in interest to the prescribed property and shall terminate automatically upon
conveyance or lease of the property of others for operation of the facility." Chair Kirkmeyer
suggested this become the new DS #26 and renumber accordingly. The Board agreed.
However, Commissioner Freeman asked for clarification should Ms. Schwartzkopf will the
property to an heir. Mr. Barker clarified according to the language by staff, the USR would be
terminated. The Board agreed to add the exception of the current owner transferring to an heir.
Chair Kirkmeyer requested clarification regarding the Board's wishes on DS #7 to which
the Board agreed to add the specific requirement of screening for the residences to the north,
east and south. She further stated this requirement needs to be added to Condition of Approval
(COA) #1.A.5.
El In response to Chair Kirkmeyer, Mr. Howard clarified there is only one approved access.
Chair Kirkmeyer stated the Resolution needs to be corrected throughout to reflect clearly that
there shall be only one access.
El In response to Chair Kirkmeyer, Ms. Aungst stated the term "power unit" should be
changed to "commercial vehicle." Mr. Barker suggested, based on code definition, the term
should be changed to "semi-trucks." Chair Kirkmeyer directed that throughout the Resolution,
the term needed to be corrected as stated. Ms. Aungst requested further changes to include the
deletion of COA #1.6.11 regarding the requirement for a Water Quality Feature as the drainage
code has changed; also, the deletion of COA #1.A regarding the Improvements Agreement due
to the reduction in the number of semi-trucks negating the requirement. However, Mr. Howard
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suggested adding a new DS #11 to read, "The site shall be maintained to mitigate any impacts
to the public road, including damages and/or off-site tracking."
Ms. Aungst also recommended replacing the word "gravel" with "paved" on COA #1.D.8
and changing the second sentence to state, "The applicant shall delineate the future and
existing right-of-way." She also suggested deleting the third sentence.
Chair Kirkmeyer reviewed the changes for the applicant. In response to Chair Kirkmeyer,
Teri Schwartzkopf indicated she has reviewed, and agrees to abide by, the Conditions of
Approval and Development Standards, as amended.
Commissioner Cozad moved to approve the request of Teri Schwartzkopf, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0004, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (40x80 square-foot shop and parking for eight (8) semi-trucks and
12 trailers), provided that the property is not a lot in an approved or recorded subdivision plat or
part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as amended and
entered into the record. The motion was seconded by Commissioner Freeman. Commissioner
Cozad stated for the record that this application does meet the criteria of Chapter 22 of the Weld
County Code and listed her specific findings in relation to each of the code section
requirements.
Commissioner Cozad also stated her expectation that if the application does get approved,
it is the applicant's responsibility to make the effort to be a good neighbor and that if there is a
lack of compliance resulting in violation, that she will be the first one to vote to revoke the
permit. a Commissioner Freeman agreed with the reasons stated by Commissioner Cozad
supporting the approval of this application. He further agreed with Commissioner Cozad that
should this come into violation, he will also vote to revoke the permit. a Commissioner
Moreno stated he will remain a "no" vote based on the incompatibility issues in regard to the
neighbors. O Commissioner Conway thanked the neighbors for their participation in the
process and stated the Board addressed the concerns and mitigated based on that input. He
concurred with prior comments regarding the applicant's responsibility to be a good neighbor
and stay in compliance. = Chair Kirkmeyer stated she will not support the motion because
she does not agree that it meets the criteria of the code regarding compatibility of surrounding
land uses nor future development of the surrounding areas as permitted by the existing zone.
She further stated the close proximity to the other residents makes the Use too intense. The
motion passed on a 3-2 roll call vote, with Commissioners Moreno and Kirkmeyer opposed.
There being no further discussion, the hearing was completed at 12:02 p.m.
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This Certification was approved on the 10th day of August, 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLO DO
ATTEST:( �� � G� ,,�,/ �-C•Ltl"c� ,/�(i�'� Oti
C/,���:�Lr1/ v• �C�1lo�� arbara Kirkmeyer, C air
Weld County Clerk to the Board
I k a Freeman, Pro-Tern
BY: / I / �.1. /•
D: p y Clerk to the Bo.-rd
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