HomeMy WebLinkAbout20082277.tiff HEARING CERTIFICATION
DOCKET NO. 2008-52
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1501 FOR A USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN
THE INDUSTRIAL ZONE DISTRICT (RAILROAD CAR LOADING AREA FOR
RECYCLABLE MATERIALS FROM ANDERSEN'S SALVAGE YARD) IN THE
A(AGRICULTURAL) ZONE DISTRICT -ANDERSEN PROPERTIES, LLC
A public hearing was conducted on August 20, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Chris Gathman
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 7, 2008, and duly published July 11, 2008, in
the Greeley Tribune, a public hearing was conducted to consider the request of Andersen
Properties, LLC,for a Site Specific Development Plan and Amended Use by Special Review(USR)
Permit #1501 for a Use Permitted as a Use by Right or Accessory Use in the Industrial Zone
District (railroad car loading area for recyclable materials from Andersen's Salvage Yard) in the
A (Agricultural) Zone District. Cyndy Giauque, Assistant 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 the applicant is proposing to amend USR #1501, which was approved in 2005, to add a
railroad spur and increase the number of railroad cars which may be on the site from nine (9) to
eighteen (18). He stated the property will be accessed from "O" Street, and it is a long parcel
screened by an existing opaque fence. He further stated the site is surrounded by agricultural land
to the north and residences to the east, the fenced boundaries of the USR area will not change,
and he displayed photographs of the site and surrounding area. In response to Commissioner
Long, Mr. Gathman stated the applicant will build one track, adjacent to existing track, which will
result in relocating one portion of the fence. In response to Commissioner Rademacher,
Mr. Gathman stated the City of Greeley recommends approval, since the site is within the City's
Long Range Expected Growth Area. He also requested Development Standard #13 be modified
to replace the word"commercial"with"industrial". In response to Chair Jerke, Mr. Gathman stated
the Planning Commission voted unanimously to recommend approval. He explained the matter
was originally listed on the Consent Agenda; however, it was removed to discuss the issue of a
permanent water source, and the requirement was removed by the Planning Commission.
2008-2277
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HEARING CERTIFICATION - ANDERSEN PROPERTIES, LLC (AMUSR#1501)
PAGE 2
Trevor Jiricek, Department of Public Health and Environment, stated staff included the standard
conditions and requirements. He explained permanent water and sewer facilities are typically
required for facilities with permanent operations; however,the Planning Commission discussed the
matter and moved to allow a portable hand washing station and vault privy, due to the limited use
at the site.
Donald Carroll, Department of Public Works, stated the facility has a paved access from County
Road 39.5, north of"O" Street, via a paved cul-de-sac across the tracks, and the 20-foot access
is sufficient for emergency response vehicles. He reviewed the surrounding businesses, stated all
parking and transfer materials are located on the south side of the tracks, and the existing
stormwater filtering system is adequate. He further stated staff has not received dust or noise
complaints regarding the existing haul route. Responding to Commissioner Rademacher, Mr.
Carroll stated staff typically requires a designated haul route for facilities which generate large truck
traffic, in an attempt to restrict them to the paved system and track any complaints. Responding
to Commissioner Masden, Mr. Carroll stated the stormwater filtering is a state-of-the-art system
which will address any runoff from metal surfaces, as well as the loading and off-loading area.
Dean Andersen represented the applicant and stated the application initially included commercial
standards; however, upon review of the noise standards, he felt it was more appropriate to pursue
industrial standards, similar to rail yard standards. He stated the Planning Commission voted to
allow a portable hand washing station, sanitary vault, and bottled water. In response to
Commissioner Masden, Mr. Jiricek stated the stormwater facility was a State requirement.
Mr. Andersen stated this facility is one of three in the State with the system that filters out any
heavy metals,oils,etcetera. He stated it exceeds the requirements; however, he wanted to ensure
compliance at the facility. Responding to Commissioner Rademacher, Mr. Andersen stated he
agrees with the hours of operation, restricting tractor-trailer trucks from parking on the site, and
the designated haul route. Responding to Commissioner Masden, Mr. Andersen stated
Development Standard#27 restricts the application to five employees to address the rare situation
when all three trucks are staged on the site; however, during normal operations there will likely only
be two employees at the facility. The Board concurred with the amendment to Development
Standard #13 to replace the word "commercial" with "industrial."
No public testimony was offered concerning this matter. In response to Chair Jerke, Mr.Andersen
stated he and the applicant have reviewed, and agree with, the Conditions of Approval and
Development Standards, as proposed and modified.
Commissioner Rademacher moved to approve the request of Andersen Properties, LLC,for a Site
Specific Development Plan and Amended Use by Special Review Permit#1501 fora Use Permitted
as a Use by Right or Accessory Use in the Industrial Zone District (railroad car loading area for
recyclable materials from Andersen's Salvage Yard)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 the
amendment of Development Standard#13 to replace the word"Commercial"with"Industrial." The
motion was seconded by Commissioner Garcia,and it carried unanimously. There being no further
discussion, the hearing was completed at 11:05 a.m.
2008-2277
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HEARING CERTIFICATION -ANDERSEN PROPERTIES, LLC (AMUSR #1501)
PAGE 3
This Certification was approved on the 25th day of August, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
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ELD COUNTY, COLORADO
ATTEST: p%'�Pf� ` �-•�� ��L•�
F �`F; -�r I iam H. Jerke, Chair
Weld County Clerk to the Board p ° S
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u a_ _-- Ro ert . a r -Tern
BY:
Dep Clerk the Board
W m F. Garcia
Davy E. Long
ougla Radema er
2008-2277
PL1681
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR #7507 - ANDERSEN PROPERTIES, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 08/05/2008)
D. Planning Staff Certification and Photo of sign posting
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