HomeMy WebLinkAbout20090073.tiffMINUTES OF THE WELD COUNTY BOARD OF ADJUSTMENT MEETING
Tuesday, January 6, 2009
A regular meeting of the Weld County Board of Adjustment was held on Tuesday, January 6, 2009, in the
Hearing Room of the Department of Planning Services, 91810`h Street, Greeley, Colorado. The meeting was
called to order by Chair Bruce Fitzgerald, at 11:00 a.m.
ROLL CALL ABSENT
William Hansen
Erich Ehrlich
Anita Owens
Bill Hall
Bruce Fitzgerald
Benjamin Hansford
Jerry Neff
Bryant Gimlin
Jerry Neff motioned to approve and waive reading of the minutes of the last regular meeting of the Weld
County Board of Adjustment held on, December 16, 2008, seconded by Benjamin Hansford. Motion carried.
Also Present: Chris Gathman, Weld County Department of Planning; Bruce Barker, County Attorney; and
Kristine Ranslem, Secretary.
The Chair read the following case into record.
CASE NUMBER:
PLANNER:
APPLICANT:
LEGAL DESCRIPTION
REQUEST:
LOCATION:
BOA -1053
Chris Gathman
Centennial Ag Supply Co.
Part NE4 of Section 19, T5N, R64W of the 6t" P.M., Weld County, Colorado.
Variance application for a variance from the required maximum sign height (6 feet)
and maximum sign area requirements (16 square feet) for a free standing sign in
the A (Agricultural) Zone District. Proposed sign is 22 -feet in height and 80.5
square feet in sign area.
South of and adjacent to State Highway 34 and east of CR 49.
Chris Gathman, Planning Services, stated that the site is located west of County Road 49 and south of State
Highway 34.
The applicants are proposing a free standing sign that would be 22 feet in height and 80.5 square feet in area.
The standard sign size requirement under the agricultural zoning classification is 16 square feet in size and 6
feet in height.
This location is somewhat unique in that there is an existing retail agricultural business on the property
(Centennial Ag Supply) which was started in 1976. This property was originally zoned commercial but was
rezoned to agricultural in 1982. There was a Special Use Permit approved on the property under USR-517 for
an agricultural and horticultural chemical supply business including storage, blending, sale and application of
fertilizer, herbicide and pesticide agents. Related services and activities such as blending and formulation
services or lawn and tree spraying which utilize the existing agricultural and horticultural chemical supply
business facilities and products shall also be permitted.
Mr. Gathman commented that the applicants have had a lot of uses that were already in existence and they
tried to incorporate all of that under that Special Use Permit USR-517.
It should also be noted that there were neither sign sizes nor any sign locations indicated on this approved
USR-517 Plat. Additionally, USR-517 Development Standard #2 states "Necessary structures or buildings
which are required to facilitate the uses pointed out above can be permitted within this Use by Special Review
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site. However any such structure or building shall comply with the requirements of the Weld County Zoning
Ordinance."
Mr. Gathman stated that in this particular application the applicants are requesting a larger size sign. The
Department of Planning Services reviewed the application and is recommending denial based on two (2)
criteria.
Criteria #1 Section 23-6-40.C.2 — Literal interpretation of the provisions of this Chapter would deprive the
appellant of rights commonly enjoyed by other properties in the same zoning district under the terms of this
Chapter.
Free-standing signs in the A (agricultural) zone district per division II of the Weld County Code allow for
16 -square feet in size and 6 -feet in height. The free standing sign regulations are currently utilized by
many dairies, feedlots and agricultural related businesses in Weld County.
Criteria #2 Section 23-6-40.C.3 — The special conditions and circumstances do not result solely from the
actions of the appellant.
It is the applicants' proposal to install this sign; therefore the request for a larger sign is resulting in this
application for a variance. Planning staff believes it doesn't meet that criteria.
Mr. Gathman indicated that these are the only reasons that staff is recommending for denial. There are no
other issues with this request.
Should the Board of Adjustment approve this variance request, the Weld County Department of Planning
Services recommends the following conditions of approval:
A. Any future buildings, signs, structures and/or additions shall be reviewed by the Department of
Planning Services to determine whether or not it is a substantial change to the site. If it is determined
to be a substantial change, an Amended Use by Special Review permit will be required.
B. The variance for the sign size and sign height is solely for the existing sign to be installed that is
outlined in this variance request. Any other sign associated with this parcel must comply with all
county code requirements. Should the sign be replaced at any time, the sign shall conform to the
Weld County Code as amended.
C. Appropriate building permits shall be applied for and approved by Weld County Building Inspection
prior to installation of the sign.
D. The sign to be installed shall not be an internally illuminated sign in accordance with Appendix 23-E of
the Weld County Code.
The original materials in the application indicate an internally illuminated sign. The Weld County Code
does not permit internally illuminated signs in the Agricultural Zone District. Mr. Gathman commented
that in talking with the applicant they have agreed to either a directly lit sign or an unlit sign.
E. The sign shall meet the requirements of the Colorado Department of Transportation as stated their
referral received November 12, 2008.
Mr. Fitzgerald asked Mr. Gathman to go over the allowable sign size and height if this was zoned commercial.
Mr. Gathman said that if it was zoned commercial 150 square feet is the maximum sign size and the
maximum sign height is 25 feet for a free standing sign.
Mr. Fitzgerald commented that the applicant's request is well within those variables.
Mr. Neff asked what the rationale is for a non -internally illuminated sign and why that is different in an
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agricultural zone district versus a commercial zone district. Mr. Gathman said the intent is that in the
agricultural zone district the signs are smaller and you are typically not dealing with commercial businesses at
night. He added that the intent is to try and maintain more of an agricultural character versus a
commercial/industrial character.
Mr. Ehrlich asked how many feet will the sign sit down off of CDOT's easement. He added that if the sign is
22 feet and code shows 16 feet is 6 foot of that down below what above grade would be from the road. Mr.
Gathman commented that it does slope but said that the applicant can address that specifically.
The Chair wished to add that member Bill Hall entered the meeting at 11:05 a.m. Bruce Barker, County
Attorney, pointed out that technically there are only 5 members of the Board of Adjustment and today there are
a total of 7 members. He stated that two of the members would not be able to vote on the issue. He added
that it is okay to ask questions, but the comments should be limited to those people who are going to be
voting. The Chair clarified that the Associate Members would not be voting on this issue.
Linda Hulse, Centennial Ag Supply, 24330 Hwy 34, Greeley CO. Ms. Hulse stated that Centennial Ag Supply
was founded in 1976. In the beginning they supplied custom fertilizer blends and chemicals to Weld County
farmers. The business has expanded over the last 30 years to 5 locations and they now service eastern
Colorado, western Nebraska, Utah and Wyoming.
In 1978 Centennial Ag was granted Commercial Zoning at its current location which is one mile west of
Kersey. In 1982 Centennial Ag was asked by Weld County to voluntarily change their zoning from
Commercial to Agricultural with a USR permit. The initial reason for this change of zone request was to
conform to the Kersey Comprehensive Plan. At that time the County Commissioners and staff suggested that
Centennial Ag Supply not hamstring themselves within the confines of the current acreage and were granted
22 acres for growth. It was clearly understood that their business would not be penalized for the zone change.
With increased competition over the years they are finding the need for branding to secure their market share.
They have been working to implement this by establishing uniforms and adding logos to their fleets and tanks.
They are finding the need for signage for all of their locations. They now have signs at all of their locations for
the exception of the Kersey location.
Ms. Hulse said that in answering Mr. Ehrlich's question earlier according to their topo of the site the sign will sit
approximately 3-4 feet below the grade of the highway.
She added that according to the sign code it is 80.5 square feet and the actual square footage of the sign
because it is oval, is 63.2 square feet.
Ms. Hulse commented that this proposed sign will comply with the CDOT required setbacks.
Due to the location and speed of traffic from Highway 34 they feel the size of the proposed sign is warranted.
According to the visibility chart for signs the viewing distance would be about 300 feet at 65 mph. They feel
this would be an appropriate distance to give trucks coming to their location time to slow down after they view
the sign.
In 2006 the Town of Kersey did a flagpole annexation for the Rush Truck Center located approximately 1 mile
east of Centennial Ag and zoned it Commercial. This indicates that Kersey is looking to this area for more of a
Commercial corridor instead of Agricultural.
The proposed sign design is well within the Commercial Sign Code requirements of 150 square feet.
Ms. Hulse commented that all of the referral agencies did give their approval for the proposed sign. She
added that the company needs the facility identification to keep their business growing.
Ms. Hulse concluded with expressing their appreciation for the Boards consideration of this request.
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Mr. Neff asked if there are any pull-out lanes on Highway 34 at this location. Ms. Hulse said that there is an
area on the shoulder which is not a designated lane and added that there is center lane. She commented that
the acceleration lane for County Road 49 stops just prior to their entrance.
Ms. Owens asked if the sign was already made. Ms. Hulse replied no.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Neff asked what the possibility is of this area being rezoned commercial. Mr. Gathman commented that it
is hard to say. He added that there is a truck stop to the west and it was annexed into the Town of Kersey and
is zoned Commercial/Industrial. There is currently no plan to rezone. One of the issues you run into is if you
still want agricultural type uses out there if you rezone to commercial/industrial it opens it up to all kinds of
different commercial/industrial uses that can come in versus a Special Use Permit which is use specific.
Mr. Ehrlich said that CDOT didn't have a problem because of the compliance with the required setbacks. He
sees this sign as a benefit of people commuting on Highway 34 because of what the applicant referred to with
the site and distance and allowing the semis seeing the facility sooner. Because there are no turn lanes and
you are basically using the shoulder, he looks at this as being a public safety benefit. If the sign sits down in
the draw 3-4 feet you are looking at a sign height of 18 feet if it is at level grade.
Erich Ehrlich moved that Case BOA -1053, be approved along with the Conditions of Approval as proposed
based on the information given today, seconded by Jerry Neff.
The Chair asked the secretary to poll the members of the Board of Adjustment for their decision. Bill Hall,
abstain; William Hansen, abstain; Erich Ehrlich, yes; Benjamin Hansford, yes; Jerry Neff, yes; Anita Owens,
no; Bryant Gimlin, absent; Bruce Fitzgerald, yes. Motion carried.
Meeting adjourned at 11:27 a.m.
Respectfully submitted,
4161,' /'1 ' ? h'
Kristine Ranslem
Secretary
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