HomeMy WebLinkAbout20022077.tiff HEARING CERTIFICATION
DOCKET NO. 2002-62
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1338
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (FARM EQUIPMENT SALES,
REPAIR AND INSTALLATION FACILITY, AND GRAIN AND FEED SALES) IN THE
A (AGRICULTURAL) ZONE DISTRICT - MOLLY ELLIOTT
A public hearing was conducted on August 21, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tern
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, Robert Anderson
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 2, 2002, and duly published August 7, 2002,
in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Molly Elliott for a Site Specific Development Plan and Use by Special
Review Permit#1338 for an Agricultural Service Establishment(farm equipment sales, repair and
installation facility, and grain and feed sales) in the A (Agricultural) Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Robert Anderson, 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. Mr. Anderson gave a brief description of
the location of the site and surrounding uses, and added there is a significant amount of traffic on
Highway 52,which is adjacent to the site on the south. He stated seven referral agencies reviewed
this proposal and responded with comments that have been incorporated into the Conditions of
Approval and Development Standards, and four referral agencies indicated no conflict with their
interests. Mr. Anderson stated the site is not within any Intergovernmental Agreement or Urban
Growth Boundary areas. He further stated he did receive a phone call from Kenny and Judy Schell,
surrounding property owners, expressing concern with the additional equipment to be kept on the
site; however, he feels Condition of Approval#2.A will address their concern by ensuring that there
is appropriate screening and buffering, as well as adequate parking. He stated the Colorado
Department of Transportation will require the continued use of shared access. In response to
Commissioner Masden, Mr. Anderson stated this request was approved by the Planning
Commission on July 17, 2001, and was delayed while the applicant worked to complete two
Conditions of Approval which had to be met prior to scheduling this hearing. Don Carroll,
Department of Public Works, stated the site will use a shared access from State Highway 52, and
staging and parking will not be allowed in the access to the main office so access to the residence
is not blocked. In response to Commissioner Geile, Char Davis, Department of Public Health and
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HEARING CERTIFICATION - MOLLY ELLIOTT (USR #1338)
PAGE 2
Environment, stated the site will be serviced by a domestic well, in addition to a commercial well
for the business. Mr. Anderson stated that was required and accomplished as a Condition of
Approval prior to scheduling this hearing.
Molly Elliott, applicant, stated they will maintain a small amount of inventory, some of which will be
displayed; however, a majority of the property is screened by trees.
Judy Schell, surrounding property owner, expressed concern with the amount of traffic on
Highway 52. She stated she does not support the applicant displaying equipment along the road
as advertising and she requested the Board define the amount of equipment which can be kept on
the site. Ms. Schell also questioned if the applicant will be restricted to selling equipment to
farmers since this permit is for farm equipment.
Vic Smith, Mayor for the Town of Erie, expressed support for this application. He stated it is not
in conflict with the surrounding uses. He stated they have a small inventory of equipment, and
approval of this permit will allow for the continued sale to their current clientele.
Michael Quinn, co-applicant, stated they did have a street sweeper on the site, which he used to
clean his paved driveway; however, it has since been consigned. He stated approximately 90
percent of his business is conducted at the customer's location to repair equipment. Mr. Quinn
stated he also assists businesses in relocating their equipment to new sites. He explained the
maintenance shed is to maintain his own equipment, and he anticipates keeping ten to fifteen
pieces of equipment at the site. He stated they may require the use of a semi truck once or twice
a year, and he assured the Board they will no longer park any of the equipment in the barrow ditch.
Mr. Quinn stated he does not feel his small business should be held responsible for all the
accidents on Highway 52.
In response to Chair Vaad, Mr. Anderson displayed the existing landscape plan, and explained it
is difficult to see past the trees. He stated there will be screened parking areas for the equipment,
and staff is satisfied that the plan is adequate. He further stated the definition of agricultural
equipment is very broad, therefore, it is not staff's intention to restrict the applicant to dealing only
with agricultural operations. Chair Vaad commented Highway 52 is very busy and has a high
accident record; however, he does not feel that it is a result of this operation. Responding to Chair
Vaad, Ms. Elliott stated she and Mr. Quinn have reviewed and agree with the Conditions of
Approval and Development Standards.
Commissioner Geile moved to approve the request of Molly Elliott for a Site Specific Development
Plan and Use by Special Review Permit #1338 for an Agricultural Service Establishment (farm
equipment sales, repair and installation facility, and grain and feed sales) 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. The
motion was seconded by Commissioner Masden, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:40 a.m.
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HEARING CERTIFICATION - MOLLY ELLIOTT (USR#1338)
PAGE 3
This Certification was approved on the 26th day of August 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
-�D p /,� WECOUNTY,D �OLORADO
ATTEST:�6t�K�Tf `lCLa ✓�-�
Gleaad, Chair
Weld County Clerk to tY ip.,• >,a0..1/49 �I 1
t r tzirDavid,� . .ng, Pro-Tem
BY: _/t �!�. ��� -.qI
Deputy Clerk to the B-�� M. J. eile
TAPE #2002-28 (
Ili m H. Jerk
DOCKET#2002-62 ���
Robert D. Maiden
2002-2077
PL1621
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1338 - MOLLY ELLIOTT
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 07/17/2001)
D. Clerk to the Board Notice of Hearing
E. Applicant Request to Vacate USR#836 (07/17/2001)
F. Planning Staff Notification Letters (06/04/2002)
G. Applicant Memo to Division of Water Resources re:
Permit #47505 (06/14/2002)
H. Applicant Letter to Water Resources Board re:
Commercial Well Permit (06/14/2002)
Planning Staff Letter from Applicant re: Extension request
(06/13/2002)
J. CDOT Letter re: Referral Response (06/18/2002)
K. State Engineer Letter re: Amended Permit#47505
(07/01/2002)
L. Planning Staff Photo of sign posted on site
M. Dennis Timmreck Letter of support (08/20/2002)
N. Vernon and Susan Bauer Letter of support (08/20/2002)
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