HomeMy WebLinkAbout20070802.tiff HEARING CERTIFICATION
DOCKET NO. 2007-23
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1585
FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(VEHICLE SALES ESTABLISHMENT)IN THE A (AGRICULTURAL) ZONE DISTRICT -
UNION PACIFIC RAILROAD COMPANY
A public hearing was conducted on April 11, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jenny VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
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 23,2007, and duly published March 28,2007,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Union Pacific
Railroad Company for a Site Specific Development Plan and Use by Special Review Permit#1585
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts(vehicle sales establishment) in the A(Agricultural)Zone
District. Bruce Barker, County Attorney, made this a matter of record, and advised the applicant's
representative, Darrell Felton,that he has the option of continuing the matter to a date when the full
Board will be present;however,if he decides to proceed today,it will require three affirmative votes.
Mr. Felton indicated he would like to proceed today.
Jacqueline Hatch, 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. She
stated the site is 1.84 acres in size and is situated within railroad right-of-way located east of
U.S. Highway 85 and north of Weld County Road 34. She stated the site is currently leased and the
surrounding properties are generally agricultural in nature; however,the property to the immediate
south is zoned C-3(Commercial)for the sale of trucks, parts, and accessories. She further stated
the applicant obtains water from the well on the site, and is proposing a septic system for the sales
office. Ms. Hatch stated the site is currently in violation for the operation of a sales establishment
without the proper permits; however,the violation has not been presented to the Board through the
violation process. She stated approval of the application will correct the violation; however, if the
application is denied, all improvements associated with the business must be removed within 30
days. She further stated no letters have been received from surrounding property owners,and the
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site is located within the three-mile referral area for the Towns of Gilcrest, Milliken,and Platteville.
She stated the referral responses for the Towns of Gilcrest and Platteville indicated no conflicts;
however,the Town of Milliken indicated the applicant should be required to appropriately landscape
the site to buffer visual impacts. She further stated thirteen referral agencies reviewed the request,
and the Sheriffs Office did not return a referral response. Ms. Hatch stated the three Conditions of
Approval listed as items to be completed prior to scheduling have been moved to the items to be
completed prior to recording the plat. She stated the applicant is requesting a waiver for the outdoor
storage requirement, and staff is in support of waiving the requirement, as long as a 10-foot strip
along the lot line of the property is landscaped with rocks or plant material. She further stated if the
Board determines that the use does not need to be screened from public rights-of-way,then staff
recommends deletion of Condition of Approval#1.B. She further stated the applicant has removed
a majority of the advertisement banners located on the site, and the remaining three banners are
not allowed to remain on the site unless approved by the Board. She stated signs located on
properties within the A(Agricultural)Zone District are limited to one sign of sixteen square feet in
size, not to be taller than six feet in height.
Char Davis, Department of Public Health and Environment, stated the site is utilized for vehicle
sales, and the current office trailer on the site has a septic system permitted for commercial use.
She stated the applicant has obtained a permit for a commercial well, and the applicant will be
required to submit a Dust Abatement Plan and Waste Handling Plan. In response to Commissioner
Rademacher, Ms. Davis stated the Waste Handling Plan addresses which types of chemicals are
stored or generated on the site, and the disposal of the chemicals.
Don Carroll, Department of Public Works, stated the site is accessible from two accesses along
U.S. Highway 85. He stated the U.S. Highway 85 Corridor Plan indicates both the south access and
the crossover between the divided lanes of the highway will be closed sometime in the future. He
stated the closures are controlled by the Colorado Department of Transportation (CDOT)and he
wanted the applicant to be aware that the closures will happen in the future. He further stated the
access is adequate, the site is fenced with one main access to the facility, the circulation on the
property is good, and the stormwater drainage will be captured on the site. In response to
Commissioner Rademacher, Mr.Carroll clarified CDOT has indicated that the crossover between
the divided lanes of the highway is expected to be closed within their mid-range plans;however,the
property may currently utilize the crossover. Chair Pro-Tem Jerke commented after closures
happen in the future,the applicant may only have the ability to have customers make a right-turn into
the facility, and a right-turn out of the facility.
Mr. Felton stated he leases the property from Union Pacific Railroad Company and he operates the
fourth business to be located on the site,which is the third vehicle sales establishment to be located
on the site. He stated he was not aware the property was zoned A(Agricultural) and now that he
has been made aware of the zoning, he is trying to comply with all necessary requirements. He
further stated he is opposed to Condition of Approval#1.B,which requires the property be screened,
due to the need for potential customers to be able to see the vehicles on the site. Mr. Felton stated
he does not mind providing landscaping for the site; however,the property has had problems with
recurrent weeds even though he has had the ground neutralized to discourage weed growth. He
further requested that he be allowed to have a sign on the property in compliance with Commercial
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Zone District standards since he is conducting commercial business on the site. He stated at the
request of Planning staff, he has removed most of the banners on the site, and he is willing to take
down the rest of the banners. In response to Chair Pro-Tem Jerke, Mr. Felton stated he has
operated several vehicle sales establishments before, including Auto Truck Mart,Cowboy Corral,
and ATM Sales. Responding to Commissioner Garcia,Mr. Felton stated he mows the grass in front
of the fence,and he has the area sprayed for weeds approximately three to four times per year,and
he believes he will be able to comply with the requirement to keep noxious weeds controlled on the
property. In response to Commissioner Rademacher, Mr. Felton stated the establishment will be
used for strictly sales and no repair of vehicles will take place at the property.
No public testimony was offered concerning this matter.
In response to Chair Pro-Tem Jerke, Ms. Hatch recommended Condition of Approval#1.A remain
in the Resolution,as landscaping is necessary on the site to create a visual buffer within the leased
area. Responding to Commissioner Rademacher, Ms. Hatch stated Condition of Approval#1.A
requires that the applicant submit a Landscape/Screening Plan. Chair Pro-Tem Jerke stated he
believes the leased area of the applicant extends only to the fence,therefore,the applicant should
not be required to provide landscaping outside of the fenced area. He further stated he does not
believe it is necessary for the applicant to landscape within the fenced area as well. In response
to Commissioner Garcia, Mr. Felton stated there is approximately five feet between the fence and
the vehicles. He stated the lot is long and narrow, therefore the vehicles are parked as close as
possible. He further stated he is diligent to clean out weeds and trash in front the fence to keep the
property looking presentable. Commissioner Garcia stated he does not believe a need exists for
the applicant to provide landscaping or screening on the site, and the Board concurred with the
deletion of Condition of Approval #1.A.
In response to Commissioner Rademacher, Mr. Felton stated a 10 feet by 10 feet sign is allowed
by right in the Commercial Zone, and he would like to request a variance to build one sign that size
on the property. He further stated he will remove the rest of the banners on the property.
Responding to Chair Pro-Tem Jerke, Ms. Hatch clarified the Board may vote to approve a sign
variance within any Zone District. Commissioner Rademacher stated he approves of the
100-square-foot sign only if the applicant agrees to remove the remaining banners on the site,and
Commissioner Garcia concurred. Following discussion with Ms. Hatch, the Board concurred to
delete Condition of Approval#1.C, and to modify Development Standard#5 to state: "The sign on
the site shall be in accordance with the approved Signage Plan, which consists of one sign, not to
exceed 100 square feet in size, and no banners will be allowed on the site." Ms. Hatch suggested
the deletion of Condition of Approval#1.B, regarding the screening of outside storage on the site,
and the Board concurred with the deletion. Responding to Commissioner Rademacher, Ms. Davis
stated she will work with the applicant to create the Dust Abatement Plan and the Waste Handling
Plan. In response to Chair Pro-Tem Jerke, Mr. Felton stated he and the applicant have reviewed,
and concur with, the Conditions of Approval and Development Standards as presented and
modified.
Commissioner Rademacher moved to approve the request of Union Pacific Railroad Company for
a Site Specific Development Plan and Use by Special Review Permit#1585 for a Use Permitted as
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PAGE 4
a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (vehicle sales establishment) 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. His motion included the deletion of Conditions of Approval
#1.A, #1.B, and #1.C, and the modification described above to Development Standard #5. The
motion was seconded by Commissioner Garcia, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:30 a.m.
This Certification was approved on the 16th day of April 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
I / /�` WELD COUNTY, COLORADO
ATTEST: ELM, i XCUSED
i*i, rt_kr t1 avid E. Long, Chair
Wet County Clerk to the`,�o. . _
BY\ ti 1 /vet-
` ,, J ♦, Willia .r, o-Tem
De ty Cle 'to the Board
William F. Garcia
TAPE #2007-10 EXCUSED
Robert D. Masden
DOCKET#2007-23 ("2/1 ' �.e�.-.2Li —
ougl Rademal�her
2007-0802
PL1883
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1585 - UNION PACIFIC RAILROAD COMPANY
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 12/19/2006)
D. Clerk to the Board Notice of Hearing
• E. Planning Staff Memo re: Items Prior to Scheduling to
become Items Prior to Recording, dated
02/28/2007
F. Planning Staff Certificate and Photo of sign posting
G. Kerr-McGee Oil and Gas OnShore Letter of Support, dated 12/15/06
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