HomeMy WebLinkAbout20070115.tiff HEARING CERTIFICATION
DOCKET NO. 2007-01
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1577
FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT
(OUTDOOR STORAGE OF TIRES, SEMI-TRACTORS, CARS, TRUCKS, TRAILERS,
FARM MACHINERY,AND HAY)IN THE A(AGRICULTURAL)ZONE DISTRICT-ROGER
AND SHERYL HILL
A public hearing was conducted on January 24, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Hannah Hippely
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 5, 2007, and duly published January 10,
2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of Roger
and Sheryl Hill for a Site Specific Development Plan and Use by Special Review Permit#1577 for
a Use Permitted as a Use by Right,Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone District (outdoor storage of tires, semi-tractors, cars, trucks, trailers, farm
machinery,and hay)in the A(Agricultural)Zone District. Bruce Barker,County Attorney,made this
a matter of record. Hannah Hippely, 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 gave a brief description of the location of the site and surrounding land uses,
and stated the site is approximately 1.19 acres. Ms. Hippely stated the applicant is currently in
violation of the Weld County Code due to the outdoor storage of materials on the site without the
appropriate permits. She stated the Violation was presented to the Board on January 11,2005,and
referred to the County Attorney for legal action, with a delay of action for 120 days to allow the
property owner adequate time to submit an application for a Use by Special Review(USR)permit.
If the USR is approved, Ms. Hippely stated the Violation case will be closed; however,if the case is
denied,the County Attorney will proceed with legal action through District Court. Ms.Hippely stated
seven referral agencies reviewed the proposal,five responded favorably or provided comments that
have been addressed in the Conditions of Approval and Development Standards,and no response
was received from the Sheriff's Office or the Galeton Fire Protection District. She stated staff did
receive two letters from surrounding property owners expressing concern regarding the safety
hazzard created by semi-trucks that are parked in the public right-of-way, fire and environmental
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HEARING CERTIFICATION - ROGER AND SHERYL HILL (USR #1577)
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hazards,and devaluation of surrounding properties. Ms.Hippely submitted a Memorandum,marked
Exhibit G,requesting changes to Development Standard#12 and the addition of a new Development
Standard #13.
Char Davis, Department of Public Health and Environment, stated the site is used primarily for
storage,and although bathroom facilities are not required,staff is requesting the applicant provide
bottled water for employees. In response to Chair Long, Ms. Davis stated the applicant operates
another site in the Town of Galeton, and employees transport materials between the two sites.
Ms. Davis stated the applicant will also be required to submit Dust Abatement and Waste Handling
Plans. Responding to Commissioner Masden, Ms. Hippley stated the primary shop in the Town of
Galeton is open seven days a week, therefore, she did not place a restriction on the days of
operation in Development Standard#10 for the subject site. Responding to Commissioner Garcia,
Ms. Davis stated she did not require a restroom facility because the employees have access to the
restroom facilities at the other facility in the Town of Galeton.
Donald Carroll, Department of Public Works, stated the site is accessed from Weld County
Road 51, south of Weld County Road 74,which is classified as a collector status road. He stated
the Planning Commission expressed concern with testimony regarding the staging and off-loading
of materials from semi-trucks along Weld County Road 51. He stated Development Standard#5
addresses the issue. In response to Commissioner Jerke, Ms. Hippely stated fencing and
screening will be required at the site, and there is an existing six-foot opaque fence. Responding
to Chair Long, Mr. Carroll stated the site is totally contained, there is a 30-foot-wide access at the
north end of the facility,and he suggested the applicant provide additional room to accommodate
staging and off-loading within the site. In response to Commissioner Jerke, Mr. Carroll reiterated
that Development Standard#5 requires that staging and off-loading activities be conducted within
the site.
Roger Hill,applicant,stated he operates the Galeton Tire Company,located in the Town of Galeton.
He stated staging of semi-trucks on the road is unacceptable,it will not happen again,and he plans
to drive to the site and ensure the gates are open before directing truck traffic to the site. He further
stated his business picks up tires from other businesses, sorts them, resells good used tires, and
disposes of the others at Tire Mountain or sells them to farms where they are used to hold down
silage tarps. Mr. Hill stated he also resells used tractor tires or turns them inside-out to be used as
animal feeders. He clarified the primary business location is at the shop in the Town of Galeton,and
use of the subject storage site is sporadic. Responding to Chair Long, Mr. Hill stated there is
adequate room within the site to have more than one semi-truck. In response to Commissioner
Rademacher, Mr. Hill stated the amount of tires at the site fluctuates; however, he averages
approximately 150 truck tires, 100 tractor tires, and 1,000 car tires. He stated he also stores large
bales of corn stalks, hay, straw, etcetera; however, he has not had any bales delivered to the site
for more than a month. He further stated compacted silica sand was placed along the fence line
to help control erosion, and the excess material will be removed from the ditch. Responding to
Commissioner Masden, Mr. Hill stated the material is a silica sand that has been compacted and
then recrushed into one-inch chunks similar to gravel. Mr.Carroll stated the material appears to be
chunks from broken plaster castings,and staff is requesting the excess material be removed from
the borrow ditch. He stated it will be adequate for controlling bank erosion. Ms. Davis stated the
material is similar to plaster from molds, and her research indicates it poses no environmental
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issues,with the exception that it may dissolve overtime. Mr. Hill explained the silica sand is bonded
through a heating process, and as it dissolves it turns back into a sand material and there is no
environmental hazzard.
Kimberly Cecil,surrounding property owner,stated her mother-in-law lives directly across the road
from the site and in the past there have been flood conditions in which they lost some livestock.
Ms. Cecil expressed concern with flood waters carrying the compressed sand material along the
ditch and creating problems for their animals. She also expressed concern with the combustible
nature of hay and tires, and the traffic hazard created for school buses which were forced to go
around semi-trucks parked on the County road. She stated there does not appear to be adequate
room within the site for maneuvering a semi-truck, and she questioned whether there is a limit on
the number of tires allowed on the site. Ms. Cecil stated her property value has diminished due to
the use of this site. Responding to Commissioner Rademacher,Mr.Carroll stated the ditch is within
the right-of-way and functions as a borrow ditch to carry agricultural tail water. Ms.Cecil stated the
water from the pivot sprinkler in the field north of the site comes through the ditch and empties into
a stream. Responding to Commissioner Garcia, Ms. Cecil stated she does have nearby property
for sale which is zoned A(Agricultural)and is eligible for constructing a residence. There being no
further comments, Chair Long closed public testimony.
Mr.Hill stated he understands the concerns regarding the white material along the fence and ditch,
therefore,he is willing to clean the ditch,replace the material,and organize the site to ensure there
is adequate circulation. He stated he has volunteered with the Galeton Fire Protection District for
many years and understands the concern regarding fire hazards; however,there are many farms
that have similar conditions storing hay, silage, etcetera,which is allowed by right. In response to
Chair Long,Mr.Hill stated there is room within the site to allowa semi-truck to turn around and leave
the site facing forward; they will not back a semi-truck out of the site for safety purposes. In
response to Commissioner Jerke, Mr. Hill stated 90 percent of his customers are farmers and
ranchers. Responding to Commissioner Rademacher, Mr. Hill stated the nearest fire hydrant is
one-half mile to the south, and he will coordinate the scheduling to ensure there is only one
semi-truck at the storage lot at any given time. In response to Commissioner Garcia,Mr. Hill stated
the site is surrounded by a metal fence and he keeps the fence clear of weeds to reduce the
likelihood of a fire at the site. He stated the ditch is burned from the site to the Town of Galeton to
keep it clear for irrigation purposes. He further stated he will work to arrange the site so that the
bales are situated away from the edge of the property for fire safety purposes.
Commissioner Jerke requested staff draft language requiring the removal of the sand/plaster
material. Ms. Hippelyagreed and requested direction as to timing given the large amount of snow
in the area. She further stated the Landscaping Plan indicates the fence will be kept clear and staff
can modify the plan to incorporate the removal of current material and placement of future material.
Mr. Barker suggested the addition of Condition of Approval#6 to state, "The applicant shall clean
deposited plaster/sand from the borrow ditch along Weld County Road 51 outside the property fence
no later than March 1, 2007, (weather permitting). A rock-based form of erosion control shall be
used along the fence and borrow ditch in the future." In response to Chair Long, Mr. Hill stated he
has reviewed and agrees with the Conditions of Approval and Development Standards as proposed
and modified. The Board concurred with the addition of a second sentence to Development
Standard #12 to state, "This is not meant to include those wastes specifically excluded from the
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definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,Section 30-20-100.5,
C.R.S.,"and the addition of a new Development Standard#13 to state,"The applicant shall operate
in accordance with the approved Waste Handling Plan." In response to Commissioner Jerke,
Ms. Davis explained the changes are standard requirements; however, the language was
inadvertently omitted from the Planning Commission Resolution. She also clarified that the first
sentence in her Memorandum for Development Standard #12 is incorrect and should state, "No
permanent disposal of wastes shall be permitted at the site. (Clerk's Note: Ms. Davis provided a
corrected Memorandum for the file.) Mr. Hill indicated agreement with the modifications as
discussed.
Commissioner Jerke moved to approve the request of Roger and Sheryl Hill for a Site Specific
Development Plan and Use by Special Review Permit#1577 for a Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District(outdoor
storage of tires,semi-tractors,cars,trucks,trailers,farm machinery,and hay)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 as entered into the record. His motion
included adding Condition of Approval#6,adding a second sentence to Development Standard#12,
adding a new Development Standard#13,as stated in Exhibit G,and renumbering as appropriate.
The motion was seconded by Commissioner Masden. In response to Ms.Hippely,Mr.Barker stated
the language regarding the white material along the ditch will be added as Condition of Approval#6,
and no changes are necessary for the Landscaping Plan. There being no further discussion, the
motion carried unanimously and the hearing was completed at 10:50 a.m.
This Certification was approved on the 29th day of January 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WECOUNTY, COL9RADO
ATTEST:
id E. Long, Chair
Weld County Clerk to the B. f�� ���
`.
\, ?IliagJ; e - .- ems'
Deputy C erk to the Board �✓
W' iam F. Garcia
TAPE #2007-02
Robert D. Masden
DOCKET#2007-01
Douglas Radomalher
2007-0115
PL1868
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1577 - ROGER AND SHERYL HILL
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 11/07/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memorandum re: Items Prior to Scheduling,
dated 12/13/2006
F. Planning Staff Certification and Photo of sign posting
G. Health Staff Memorandum re: Changes to Development
Standards, dated 01/24/2007
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