HomeMy WebLinkAbout20112257 HEARING CERTIFICATION
DOCKET NO. 2011-44
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1783 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS, (SALE OF ANIMAL FEED, PET FOOD, PINTO BEANS, HAY, STRAW
AND SHAVINGS, CARS, TRUCKS, FARM EQUIPMENT, TRAILERS, CAMPERS, RV'S,
BOATS, AN'S MOTORCYCLES, SHEDS, SALE OF FOOD FROM A SELF-
CONTAINED MOBILE UNIT, AND THE PURCHASE OF METAL AND ALUMINUM
CANS FROM THE PUBLIC) IN THE A (AGRICULTURAL) ZONE DISTRICT — UNION
PACIFIC RAILROAD COMPANY, CIO JEREMY LONG
A public hearing was conducted on August 17, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 15, 2011, and duly published July 20, 2011,
in the Fort Lupton Press, a public hearing was conducted to consider the request of the Union
Pacific Railroad Company, c/o Jeremy Long, for a Site Specific Development Plan and Use by
Special Review Permit #1783 for a Use Permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (sale of animal feed, pet food,
pinto beans, hay, straw and shavings, cars, trucks, farm equipment, trailers, campers, RV's,
boats, AN's motorcycles, sheds, sale of food from a self-contained mobile unit, and the
purchase of metal and aluminum cans from the public) in the A (Agricultural) Zone District.
Bruce Barker, 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 staff has received no comments from surrounding property owners residing
within the Hunt Wiedeman Planned Unit Development, located to the northwest. He further
stated the site is not located within an Intergovernmental Agreement area; however, it is within
the three-mile referral areas for the City of Evans and the Towns of Gilcrest and LaSalle.
Mr. Gathman stated the Town of LaSalle indicated no conflict with its interests, and the City of
Evans and Town of Gilcrest did not provide a response. He stated the surrounding area is
predominantly agricultural, with Martin Produce Processing and Storage (USR-548) to the east,
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and Martin Bros. Migrant Housing (USR-1084) to the northeast. Mr. Gathman reviewed an
aerial map and displayed various photographs of the site and surrounding properties.
Don Carroll, Department of Public Works, stated the Colorado Department of Transportation
(CDOT) has jurisdiction over the access on the U.S. Highway 85 East Frontage Road, south of
County Road 44. He stated the intersection is called out in the U.S. Highway 85 Access
Corridor Plan as high priority, since it is unsignalized and lies at a 50-degree angle. He further
stated the applicant needs to be aware improvements for realignment and signalization may be
required in the future. Mr. Carroll stated there is an adequate water quality feature, the parcel is
not within the flood zone, and the sight distance triangle situated within the northeast corner,
adjacent to the Union Pacific Railroad (UPRR), must be maintained such that the vegetation is
not higher than 2.5 feet, since it is an offset intersection with the railroad. He indicated the
applicant must control any noxious weeds on the site, the off-street parking will be surfaced with
gravel, they will not be maintaining any off-site drainage structures, and the applicant will
maintain the historical flows and use Best Management Practices for drainage. He stated the
average daily traffic count on County Road 44 was approximately 1,400 vehicles in July, 2011.
In response to Commissioner Conway, Mr. Carroll stated the traffic count taken in 2009 was
1,000 vehicles and he estimated that 18 to 26 percent of the current traffic volume is truck
traffic.
Lauren Light, Department of Public Health and Environment, stated the site will receive water
from the Central Weld County Water District and the applicant is requesting the use of portable
toilets instead of a septic system; however, the UPRR does not support the request. She noted
many similar properties along the railroad right-of-way are permitted for the use of portable
toilets. Ms. Light indicated she called and was informed the UPRR changed leases and is no
longer allowing new septic systems; it is only grandfathering old existing systems. She further
stated the UPRR also discontinued its allowance for salvage operations due to environmental
concerns and indicated the subject property is too narrow for a septic system, although there is
a similar County grader shed site where septic is possible. Ms. Light stated, depending on the
Board's decision, modifications to the Conditions of Approval and Development Standards may
be required. She stated dust control on the driveway will be by water truck, trash will be
removed by a commercial waste company, and vehicles will be moved off site for maintenance.
She further stated the site is registered as a Recycle Clean facility, as referenced in
Development Standard #19, and Standards #5 through #19 are standard USR requirements for
this type of facility. In response to Commissioner Conway, Ms. Light stated the septic system
issue is addressed in Condition of Approval #5, and Development Standards #13 and #14.
Mr. Gathman added the site was reviewed as a Zoning Violation, ZCV1000098, which was
presented on November 9, 2010, at which time the Board referred the matter to the County
Attorney but delayed legal action for 180 days, until May 2011, and the applicant subsequently
applied for this USR.
Amy Long represented the applicant and expressed his thanks to the Board for extending the
time to address the Violation; he commented they are learning a lot about how to properly
permit future endeavors. Mr. Long submitted a site drawing, marked Exhibit E, and explained
the impact fees are making it impossible to use the large building, so it will remain empty;
however, they do intend to use the modular building to the west. He explained the site is
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usually operated by only one person, and although they are not opposed to using a vault or
septic system, they are currently using a portable toilet to serve the employees and public,
which is sufficient for their needs. Mr. Long stated the UPRR response indicated it may take six
to nine months for a review of a septic system through their procedure. He also stated the
application fee for the USR was $2,500.00, although the total cost is $3,700.00, including the
violation, and it was his understanding that the $1,200.00 amount was waived at the Violation
hearing. In response to Commissioner Rademacher, Mr. Long stated they only sell an average
of ten bags of pinto beans a week from the granary, and they are not receiving any additional
crop with the elevator because it cannot be insured. He confirmed all other sales are conducted
from the modular building. Mr. Barker stated he will need to double check the status of the
Violation case and indicated staff may be able to apply that amount toward the cost of the USR.
No public testimony was offered concerning this matter. In response to Chair Kirkmeyer,
Mr. Long stated he has reviewed, and concurs with, the Conditions of Approval and
Development Standards. He stated his only issue of concern is the number of required parking
spaces, which is not really necessary; however, he indicated he will work with staff on the
matter.
Ms. Light reiterated the UPRR letter stated it will not allow a septic system or a vault on the site.
In response to Chair Kirkmeyer, Mr. Long estimated ten people visit the site on a daily basis.
Commissioner Rademacher agreed with allowing portable toilets or a vault, if allowed by the
UPRR, and Commissioner Garcia agreed. Responding to Commissioner Conway, Mr. Long
stated in the last six years he recalls only once when a patron requested use of a restroom
facility. Chair Kirkmeyer stated she is agreeable to allowing the use of portable toilets for now;
however, she would like the applicant to pursue approval from the UPRR for use of a septic
system or vault, assuming his business may increase in the future. Commissioner Rademacher
agreed and stated he hopes this is a very successful site.
Commissioner Rademacher asked about the five to six-foot fence request from the Ditch
Company, which is not consistent with sight distance limitations. Mr. Long stated he talked with
the Ditch Rider yesterday who indicated the current chain link fence is adequate because it is
ten feet from the ditch and will not burn. In response to Commissioner Rademacher,
Mr. Gathman stated most of the business storage will be in the modular building, and Mr. Long
stated the existing outdoor storage is screened with a fiber mesh fence. Mr. Gathman stated
the existing screening appears to be sufficient; however, the applicant will need to ensure the
fabric is maintained or replaced with a more permanent opaque material. In response to
Commissioner Rademacher, Mr. Long stated he would like to increase the number of
employees to ten (10) and he understands an increase will likely trigger septic system
requirements. In response to Commissioner Rademacher, Mr. Barker stated the Board does
have the authority to require a septic system or vault, and the property owner of record did
authorize the applicant to proceed accordingly. Following discussion, the Board also agreed to
extend the hours of operation from 6:00 a.m., to 8:00 p.m., daily.
Responding to Commissioner Conway, Chair Kirkmeyer confirmed the testimony indicated the
current screening is sufficient; however, the applicant still needs a Screening Plan which is
consistent with the Industrial uses along U.S. Highway 85. In response to Commissioner
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Conway, Ms. Light suggested the first sentence of Development Standard #13 be modified to
state, "Sewage disposal for the facility shall be by septic system when the number of employees
utilizing the site exceeds ten (10)." In response to Chair Kirkmeyer, Ms. Light stated vaults are
allowed for temporary uses; however, if the Board wishes to allow a vault at this site, it needs to
be specifically called out in the Resolution since this is not a temporary use. Following
discussion, the Board agreed to further modify Development Standard #13 to add, "A vault
would be an acceptable sewage disposal system while the use is subject to a year-to-year
lease." Ms. Light also recommended modifying the first sentence of Development Standard #14
to state, "A permanent, adequate water supply shall be provided.", and deleting Condition of
Approval #5 since it is now addressed by Development Standard #13. Responding to Chair
Kirkmeyer, Mr. Long indicated agreement with the Conditions of Approval and Development
Standards, as proposed and modified.
Commissioner Garcia moved to approve the request of Union Pacific Railroad Company, c/o
Jeremy Long, for a Site Specific Development Plan and Use by Special Review Permit #1783
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts, (sale of animal feed, pet food, pinto beans, hay, straw
and shavings, cars, trucks, farm equipment, trailers, campers, RV's, boats, ATV's motorcycles,
sheds, sale of food from a self-contained mobile unit, and the purchase of metal and aluminum
cans from the public) 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 entered into the record. His motion included deleting Condition of Approval #5,
modifying Development Standard #3 to limit the number of employees to ten (10), and
amending Development Standard #4 to extend the hours of operation from 6:00 a.m.,
to 8:00 p.m., daily. He also included modifying Development Standard #13 to read, "Sewage
disposal for the facility shall be by septic system when the number of employees utilizing the
site exceeds ten (10). Any septic system located on the property shall comply with all
provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. A vault
would be an acceptable sewage disposal system while the use is subject to a year-to-year
lease." and amending Development Standard #14 to state, "A permanent, adequate water
supply shall be provided. The facility shall utilize the existing public water supply (Central Weld
County Water District)." The motion was seconded by Commissioner Conway, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:45 a.m.
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This Certification was approved on the 22nd day of August, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOJRADO
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1783 - UNION PACIFIC RAILROAD COMPANY, CIO JEREMY LONG
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 08/02/2011)
D. Planning Staff Certification and Photo of sign posting
E. Applicant Map of Property
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