HomeMy WebLinkAbout20070259.tiff HEARING CERTIFICATION
DOCKET NO. 2007-07
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1584
FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICT (CONSTRUCTION
BUSINESS WITH TWO SHOP BUILDINGS, AN OFFICE, AND OUTDOOR STORAGE)
IN THE A (AGRICULTURAL) ZONE DISTRICT - GERRARD FAMILY LIMITED
PARTNERSHIP, LLLP
A public hearing was conducted on February 14, 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 - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Brad Mueller
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 26, 2007, and duly published January 31,
2007, in the Fort Lupton Press,a public hearing was conducted to consider the request of Gerrard
Family Limited Partnership,LLLP,fora Site Specific Development Plan and Use by Special Review
Permit#1584 for a Use Permitted as a Use by Right,Accessory Use,or Use by Special Review in
the Industrial Zone District(construction business with two shop buildings, an office, and outdoor
storage)in the A(Agricultural)Zone District. Cyndy Giauque,Assistant County Attorney,made this
a matter of record, and advised the applicant's representative, Nathan Gerrard, that he has the
option of continuing this matter to a date when the full Board will be present. However,if he decides
to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Masden will listen to the record and make the determining vote. Mr. Gerrard indicated he would like
to proceed today.
Brad Mueller,Department of Planning Services,presented a brief summary of the proposal,entered
the favorable recommendation of the Planning Commission into the record as written,and gave a
brief description of the location of the site and surrounding land uses. Mr. Mueller submitted a
memorandum,marked Exhibit G,requesting the addition of Condition of Approval#2.Kto state,"The
applicant or applicant's engineer shall contact the Weld County Department of Public Works,
Drainage Division, to coordinate sizing, location, and calculating runoff to the detention pond
associated with the proposed site. There is a fee involved in the stormwater review process
(Sections 23-2-240.A.5, 24-7-120, and 24-7-130)."
2007-0259
PL1872
HEARING CERTIFICATION - GERRARD FAMILY LIMITED PARTNERSHIP, LLLP (USR#1584)
PAGE 2
Char Davis, Department of Public Health and Environment, stated the site will be serviced with a
tap from the Little Thompson Water District and an engineer-designed septic system. She stated
the applicant will be required to submit a Waste Handling Plan and Dust Abatement Plan,for review
and approval, as well as obtain the appropriate permits for the fuel tanks.
Donald Carroll, Department of Public Works, stated the site will be accessed from Weld County
Road 13, which is classified as a strategic roadway. He stated the access to the site is
approximately one-half mile south of U.S. Highway 34,and the applicant has agreed to pave Weld
County Road 13,from the site entrance north to U.S. Highway 34,to accommodate additional truck
and employee traffic. In response to Commissioner Jerke, Mr. Carroll stated Condition of
Approval #1.6 addresses the right-of-way and setback requirements, as well as the building
restrictions, and they will also be noted on the plat.
Mr.Gerrard stated the site is proposed for use by Gerrard Excavating,which has been doing earth
work and utility and road construction for the past 23 years. He stated the office is currently located
on a three-acre site south of the City of Loveland, and the subject property will provide additional
room needed for the office,shops,and storage of equipment. He stated most of the operations take
place out in the field at the work sites,the large equipment is kept at the work sites for the duration
of a job,and the employees typically drive directly to the job sites; however,some of the trucks are
stored on the subject site. Mr. Gerrard stated the shape and natural features of the site provide
much of the needed screening. He stated a majority of the items will be kept indoors,the western
property line is adjacent to the elevated railroad tracks,the eastern portion will remain in agricultural
production, and landscaping will be placed along the norther property line. In response to
Commissioner Rademacher,Mr.Gerrard stated the company has ten office personnel and two full-
time mechanics, and the shop will be used for maintenance of heavy equipment. Responding to
Commissioner Jerke, Mr. Gerrard stated will they will pave Weld County Road 13 from the site
entrance to U.S. Highway 34 in accordance with County standards. In response to Commissioner
Garcia, Mr.Gerrard stated the parking will be sized according to the number of spaces needed for
staff and customers,and the covered parking is for the overnight storage of equipment. He stated
they will attempt to comply with the hours of operation; however, he noted there are times when
employees arrive early and open the gate at 6:00 a.m. He stated the employees do not leave the
yard until 7:00 a.m., and he confirmed Gerrard Excavating is not a 24-hour operation.
No public testimony was offered concerning this matter. The Board concurred with the addition of
Condition of Approval#2.K. Responding to Chair Long, Mr. Gerrard stated he has reviewed and
concurs with the Conditions of Approval and Development Standards,as proposed and modified.
Commissioner Jerke proposed modifying Development Standard #4 to extend the hours of
operation,from 6:00 a.m.to 7:00 p.m.,to be more consistent with the needs of the applicant. The
Board concurred, and Mr. Gerrard agreed with the modification. In response to Commissioner
Rademacher, Mr. Mueller stated he did receive some inquiries from residents in the Indianhead
Subdivision who were curious about the proposal. He stated referrals were sent to the City of
Greeley, the Towns of Johnstown and Windsor, and Larimer County. He further stated the
comments from the City of Greeley have been addressed in the Conditions of Approval and
Development Standards, the Town of Windsor indicated no concern with the proposal, and the
Town of Johnstown and Larimer County did not respond.
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HEARING CERTIFICATION - GERRARD FAMILY LIMITED PARTNERSHIP, LLLP (USR#1584)
PAGE 3
Commissioner Jerke moved to approve the request of Gerrard Family Limited Partnership, LLLP,
fora Site Specific Development Plan and Use by Special Review Permit#1584 fora Use Permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Industrial Zone District
(construction business with two shop buildings,an office,and outdoor storage)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#2.Kand modifying Development Standard#4 as previously
discussed. The motion was seconded by Commissioner Garcia,and it carried unanimously. There
being no further discussion, the hearing was completed at 10:25 a.m.
This Certification was approved on the 21st day of February 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
ATTEST: M / n% . f�, i DNA 6,::47
vid E. Long, Chair
Weld County Clerk to the B. dla!
ells
/ W is .4 rke, Pro-Tem
BY: �C
Deputy Cler to the Board A J° •
William F. Garcia
TAPE #2007-04 EXCUSED
Robert D. M sden
DOCKET#2007-07
ema her
2007-0259
PL1872
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1584- GERRARD FAMILY LIMITED PARTNERSHIP, LLLP
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 12/05/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memorandum re: Items Prior to Scheduling,
dated 01/18/2007
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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