HomeMy WebLinkAbout20022106.tiff HEARING CERTIFICATION
DOCKET NO. 2002-57
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1388
FOR A USE PERMITTED AS A USE BY RIGHT IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICT(TRUCKING COMPANY)IN THE A(AGRICULTURAL)ZONE DISTRICT-
EDWARD AND DELORIS WOLFE/ROBERT AND JANET WILEY
A public hearing was conducted on July 31, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Lauren Light
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 12, 2002, and duly published July 17, 2002, in
the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Edward and Debris Wolfe and Robert and Janet Wiley for a Site Specific
Development Plan and Use by Special Review Permit#1388 for a Use Permitted as a Use by Right
in the Commercial or Industrial Zone Districts (trucking company) in the A (Agricultural) Zone
District. Lee Morrison, Assistant County Attorney, made this a matter of record. Lauren Light,
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 this
property is under contract for Robert and Janet Wiley to purchase the site and operate a trucking
company for up to five trucks on four acres of the site, and the remainder of the parcel will continue
to be farmed. Ms. Light stated no materials will be hauled or stored on-site, and there will be a
shop for the trucking and farming operations. She gave a brief description of the surrounding uses,
and stated the property owner to the north has expressed concern regarding the effects of a
trucking operation on the surrounding area. Ms. Light stated the Wileys have indicated they will
locate the trucking operation on the northern portion, with landscaping. She stated the
Development Standards limit the hours of operation to daylight hours only, limit the number of
employees to five, and restrict the use of Jake brakes on Weld County Road 29, or at the
intersection of Weld County Roads 29 and 10. She also noted that this Use by Special Review
Permit is not transferable subsequent to the transfer to the Wiley's. Ms. Light stated she received
numerous letters of operation expressing concerns regarding the adequacy of the bridge for large
trucks, decreased property values, health of their livestock, etcetera. She clarified that this permit
does not rezone the property; however, it does allow a commercial or industrial-type use in the
Agricultural Zone District. He further stated the permit will only be on four acres of the 73-acre
parcel. The remainder of the land will continue in agricultural production. She stated the bridge
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is sufficient, and Weld County Road 29 is planned to be widened in the future. Ms. Light stated ten
referral agencies reviewed this proposal, three responded with no conflicts, six responded with
comments which have been addressed in the Conditions of Approval or Development Standards,
and one did not respond. In response to Chair Vaad, Ms. Light reiterated that the Use by Special
Review Permit will not be allowed to transfer if the property is sold, as stated in Development
Standard #23. In response to Commissioner Jerke, Don Carroll, Department of Public Works,
stated there are no road counts on Weld County Road 29; however, it does dead end one-half mile
south of Weld County Road 10. He stated there are three residences along this portion of road,
averaging 25 to 30 trips per day.
Kirk Goble, The Bell 5 Land Company, represented the applicants and gave a brief Power Point
presentation, marked Exhibit F. Mr. Goble stated Lot A of Recorded Exemption #2310 was sold
to Donald and Deborah Smith, who has expressed opposition to this proposal. He noted Robert
and Janet Wiley are co-applicants with Edward and Delores Wolfe because there is a pending sale
of the property, and this permit will not transfer to any subsequent land sales. In response to
Commissioner Geile, Mr. Goble stated it will not be necessary to encumber the Deed because a
title search will disclose the Conditions and Development Standards of the Use by Special Review
Permit plat,which clearly states the special use is not transferrable. He stated the trucks will leave
and arrive empty, they will not be hauling from or to the site; however, this is not clearly spelled out
in the Conditions of Approval or Development Standards. He explained the trucks are contracted
for various projects off-site. The applicant indicated no concerns with the addition of a Condition
of Approval restricting any hauling from or to the site,with the exception of hauling in gravel for the
maintenance of the internal road. Responding to Chair Vaad, Mr. Goble stated Weld County
Road 10 is paved, and it is approximately one-half mile to Weld County Road 10. He stated
fugitive dust is addressed on the site and they intend to mitigate dust on Weld County Road 29 by
requiring the trucks to travel at 20 miles per hour on Weld County Road 29, with only two trips per
day, per truck.
Manual Pedro,surrounding property owner,expressed concern with the additional truck traffic and
the safety of his children. He stated the bus picks his children up at the intersection of Weld
County Roads 10 and 29. He also expressed concern with dust, the number of truck trips per day,
and he questioned whether the applicant will be allowed to operate with semi trucks.
Carl Yamaguchi, mail carrier in the area, stated the road is very narrow and there is not adequate
room for vehicles or large trucks to pass. He further stated he does not feel the bridge is adequate
for large trucks.
Irene Latham stated she is Janet Wiley's mother and she has lived in the area for 13 years. Ms.
Latham stated the trucks are not disruptive, and although there is an occasional vehicle traveling
at excessive speeds, she feels this is a nice area to raise children, livestock, and crops.
Diane Martinez, surrounding property owner, questioned how the speed limit of the trucks will be
enforced.
Bob Dineen, surrounding property owner, stated he has known the Wiley's for 11 years. He stated
he has lived in the area since 1989, and the applicants are very nice people. He stated they run
a clean, neat, and well-maintained business, and their current facility is very nice, and their trucks
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are always well maintained. Mr. Dineen stated he supports this application, and added the
applicant understands that agriculture is an important part of Weld County and because they live
in this area, they do not want to disrupt the rural lifestyle. There being no further comments, Chair
Vaad closed public testimony.
Mr. Goble stated the applicant will continue to use tandem-axle trucks as shown in his presentation,
and the trucks will usually leave the site before the school bus arrives in the morning and arrive
after the school bus leaves in the afternoon.
Ms. Light suggested Development Standard#29 be added to state, "No on-site storage of hauled
materials related to the trucking business is allowed." She also suggested Development Standard
#30 be added to state "Except for business related emergencies, trucks shall leave empty in the
morning and return empty in the evening." Commissioner Geile stated the intent of the applicant
has been indicated in the record regarding the use of the trucks. He stated for purposes of
enforcement, the record can be reviewed, therefore, he does not feel the language regarding the
empty trucks needs to be added. Responding to Commissioner Jerke, Ms. Light stated
Development Standard#23 has been included indicating the Use by Special Review Permit will not
be transferable subsequent to the transfer to the Wileys, who are co-applicants. Responding to
Commissioner Masden, Mr. Carroll reiterated that Weld County Road 29 is not a through road,and
there are three homes using the road for residential access. He further stated Bridge#29/8A spans
the Fulton Ditch, with a legal and sufficient guardrail, Weld County Road 29 measures 18 feet in
width, and the grader supervisor said this section of road is scheduled for widening in the future.
Responding to Chair Vaad, Mr. Goble stated he and the applicant have reviewed and agree with
the Conditions of Approval and Development Standards as proposed and modified.
Commissioner Geile moved to approve the request of Edward and Debris Wolfe and Robert and
Janet Wiley for a Site Specific Development Plan and Use by Special Review Permit#1388 for a
Use Permitted as a Use by Right in the Commercial or Industrial Zone Districts(trucking company)
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 also included adding Development Standard #29 to state, "No on-site
storage of hauled materials related to the trucking business is allowed." The motion was seconded
by Commissioner Jerke. Chair Vaad stated he appreciates the testimony of the public and their
concerns; however, the speeding traffic concerns are likely caused by those who do not live in the
area, rather than the neighbors. He stated the applicant has presented a qualified safety record
and he feels they will be conscience of the nature of the area and enforce the speed limit with their
truck drivers. Commissioner Jerke commented there is a new division of the Weld County Sheriff's
Office which does address traffic enforcement and he suggested the local residents call in any
traffic incidents. There being no further discussion, the motion carried unanimously, and the
hearing was completed at 10:50 a.m.
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This Certification was approved on the 5th day of August 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: LI/ ! 1t . I . LaS EXCUSED DATE OF APPROVAL
G n Vaad, Chair
Weld County Clerk to th-'o
11861 nz? C O
David E. L g, Pro-Te
BY:
Deputy Clerk to the Bob U N —
���� M. J. eile
TAPE #2002-24 EXCUSED DATE OF APPROVAL
W Iliam H. Jerk,
DOCKET#2002-57 Jy�
Robert D. Masden
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1388 - EDWARD AND DELORIS WOLFE/ROBERT AND JANET WILEY
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 06/18/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification of sign posting
F. Applicant Power Point Presentation Slides
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