HomeMy WebLinkAbout20063284 HEARING CERTIFICATION
DOCKET NO. 2006-85
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1564
FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICT (AUCTION YARD) IN THE
A (AGRICULTURAL) ZONE DISTRICT - HARLEY AND PATRICIA TROYER
A public hearing was conducted on December 27, 2006, at 10:00 a.m.,with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Jenny Luna
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated December 8,2006,and duly published December 13,
2006, in the Fort Lupton Press, a public hearing was conducted to consider the request of Harley
and Patricia Troyer for a Site Specific Development Plan and Use by Special Review Permit#1564
for a Business Permitted as a Use by Right or Accessory Use in the Commercial or Industrial Zone
District(auction yard)in the A(Agricultural)Zone District. Bruce Barker,County Attorney, made this
a matter of record, and advised the applicant, Patricia Troyer,that she has the option of continuing
the matter to a date when the full Board will be present. However, if she decides to proceed today,
it will require three affirmative votes, or in the case of a tie vote, Commissioner Long will listen to
the record and make the determining vote. Ms. Troyer indicated she 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 located west of U.S. Highway 85, and south of Weld County Road 22.5. She
further stated the property is currently in violation of the Weld County Code, due to a commercial
auction being held onsite, and upon approval of the Use by Special Review Permit,the violation will
be closed. Ms. Hatch stated the surrounding properties are primarily agricultural in nature, and no
letters of opposition have been received from surrounding property owners. She stated the site is
located within the three-mile referral area for the Town of Platteville and the City of Fort Lupton;
however, no response was received from the Town of Platteville, and the City of Fort Lupton
indicated no concerns on its referral. She further stated no improvements are located on the site,
and the southern portion is utilized for auctioning purposes. Ms. Hatch stated the applicant
requested that two Conditions of Approval be deleted; however, staff determined the Conditions
were appropriate to be relocated from the Prior to Scheduling section to the Prior to Recording the
Plat section, as Conditions of Approval #1.M and #1.N. In response to Commissioner Vaad,
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Ms. Hatch stated the applicant will conduct auctions primarily for the sale of hay;however,vehicles
and machinery may also be part of an auction. She further stated the applicant is limited to 40 hours
per month for on-site auction activities. Further responding to Commissioner Vaad, Ms. Hatch
stated upon approval of the Use by Special Review Permit, the permit will be transferrable to any
subsequent property owners.
Commissioner Vaad stated the hay auctions happen fairly infrequently;therefore, he believes it is
unreasonable to require a Landscape Plan from the applicant. He further stated the requirements
regarding parking spaces are not feasible. Commissioner Masden concurred with Commissioner
Vaad, and stated the auction is agricultural in nature, and he does not believe a Landscaping Plan
for the site is necessary. In response to Commissioner Masden, Ms. Hatch stated the applicant
primarily sells hay at the auctions; however,the application materials do not currently limit what may
be sold at the auction.
Char Davis, Department of Public Health and Environment, stated the auction site is used once a
month, on the first Saturday of each month. She stated Development Standards#11 and#12 and
Conditions of Approval#1.G and#1.H state the applicant shall provide bottled water and portable
toilets during auction times. In response to Commissioner Masden,Ms. Hatch stated Development
Standard #19 states the applicant is limited to 40 hours per month for auction activities, which
includes staging time. She further stated the required number of parking spaces is based upon the
average auction attendance. Further responding to Commissioner Masden,Ms. Hatch stated there
is not a specified time frame for how long items may be placed at the site prior to the beginning of
an auction.
Peter Schei, Department of Public Works, stated Development Standard#3 will need clarification
regarding the application of dust suppressant chemicals. He stated most of the traffic is anticipated
to access the site from U.S. Highway 85, west on Weld County Road 22.5, and south on Weld
County Road 25.5. In response to Mr. Schei, Ms. Hatch stated Mr. Barker will develop the modified
language for Development Standard #3. In response to Chair Geile, Mr. Schei stated the
surrounding property owners access Weld County Road 25.5, south of the intersection with Weld
County Road 22.5, and together the properties contain approximately 600 feet of frontage along
Weld County Road 25.5. Responding to Commissioner Jerke, Mr. Schei stated Weld County
Road 22 is located to the north of the site, and is a part of the Strategic Arterial Roadway plan for
the County.
Commissioner Vaad stated that Conditions of Approval #1.B.4, #1.B.2, #1.M and #1.N are not
reasonable since the auction is only held once per month. He further stated the uses of the auction
yard should be limited to specific uses. Commissioner Jerke concurred with Commissioner Vaad
and stated Condition of Approval #1.B.5 is also not reasonable. Mr. Schei concurred with
Commissioners Vaad and Jerke, and stated regulations regarding the Americans with Disabilities
Act(ADA)are intended to provide guidelines for uses within urban settings, not a rural agricultural
setting. Ms. Hatch stated Development Standard#18 should be deleted should the Board concur
that a Landscape Plan is not necessary. The Board concurred with all the modifications presented.
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Patricia Troyer, applicant, stated dust suppressant has already been applied on Weld County
Road 25.5, south of Weld County Road 22.5. She further stated she is willing to place trees along
the edge of the property for screening purposes; however,she would prefer not to provide screening
since she desires for the property to be easily viewed from U.S. Highway 85. In response to
Ms. Hatch, Mr. Barker stated Development Standard#3 shall read: "The applicant shall apply a dust
suppressant chemical (magnesium chloride or calcium chloride) on Weld County Road 25.5,
extending for 600 feet south of the intersection of Weld County Roads 25.5 and 22.5, no less than
twice a year, or more often as determined by the Weld County Department of Public Works, Motor
Grader Supervisor." In response to Chair Geile, Ms.Troyer stated she has reviewed,and concurs
with, the Conditions of Approval and Development Standards as presented and modified.
Commissioner Masden stated it is not currently necessary to landscape the site; however, if the
auction uses become commercial in nature, it would be appropriate to require landscaping on the
site. He suggested a yearly review be completed by staff in order to ensure that auctions are not
taking place to sell commercial items. In response to Chair Geile, Ms.Troyer clarified the monthly
auctions are held to sell primarily hay; however, once or twice a year a few pieces of farm
equipment may also be placed on consignment for sale at the auction. Further responding to Chair
Geile, Ms.Troyer stated she concurs with the placement of limitations regarding what may be sold
at the auction site.
Commissioner Jerke stated he understands the applicant has the best intentions for the property;
however,the property is located within a major corridor and the Board tries to avoid future problems
related to a messy property. Commissioner Masden concurred and stated that many uses have
been approved through previous Board decisions and this current Board does not have jurisdiction
over those decisions; however,the current Board would like to see contiguous uses along the U.S.
Highway 85 corridor. He further stated that screening of the property may become appropriate at
some point in the future. In response to Chair Geile, Ms. Troyer stated the consignment process
begins approximately one to two days before an auction, and all materials and equipment are
removed from the site the day after the auction.
No public testimony was offered concerning this matter.
In response to Chair Geile, Ms. Hatch suggested the addition of Development Standard#2,which
shall state, "The auction site shall be limited to the sale of hay, and twice per year,agricultural use
consignment." Responding to Chair Geile, Ms. Troyer stated she concurred with the addition. In
response to Mr. Barker, Commissioner Masden stated an administrative review should be
completed every two years to determine if the site needs landscaping and/or screening.
Commissioner Jerke stated he understood the intention of an administrative review suggested by
Commissioner Masden; however, if the uses are limited by Development Standard #2, then an
administrative review is not necessary. He further stated if the applicant fails to comply with the
Conditions of Approval and Development Standards, staff may initiate violation proceedings. He
stated the applicant may also apply for an amendment to the Use by Special Review Permit if the
auction uses need to be modified, at which time the Board may review the need for a Landscaping
Plan. Commissioner Masden concurred with Commissioner Jerke and stated no need exists to
2006-3284
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PAGE 4
require an administrative review every two years. Ms. Hatch recommended the language regarding
the permit not being transferrable to any successors be placed as Development Standard#18, and
the Board concurred.
Commissioner Vaad moved to approve the request of Harley and Patricia Troyer for a Site Specific
Development Plan and Use by Special Review Permit#1564 for a Business Permitted as Use by
Right or Accessory Use in the Commercial or Industrial Zone District (auction yard) 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 modified.The motion
was seconded by Commissioner Masden, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:10 a.m.
This Certification was approved on the 3rd day of January 2007.
APPROVED:
BOARD OF CO NTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: LI //ndi IE Ij � (>
Weld County Clerk to the Bo. (Ala
•
; ' EX v SED
d E. Long, Pro-Tem
BY: a
Depu y Clerk to the Board �' . 7
W 0a H. Jerke
TAPE #2006-45 ?Sri
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Robert�l�CtuNMasden
DOCKET#2006-85
Glenn Vaad —1-41#1S
Due to a turnover in board members, and lacking a quorum of those present at said meeting, I have
affixed the signatures of past board members to this hearing certification. I hereby certify that this
is a true and correct account of the business cond at said hearing.
ligut
Jennifer L na
Deputy I rk to the Board
2006-3284
PL1865
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1564 - HARLEY AND PATRICIA TROYER
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 from
09/19/2006 and 08/15/2006)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Conditions of Approval and
photographs of site
F. Planning Staff Certification and Photo of Sign Posting
G. County Attorney Language Modification for Development
Standard #3
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