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HomeMy WebLinkAbout20021823.tiff HEARING CERTIFICATION DOCKET NO. 2002-52 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1377 FOR A USE BY RIGHT,AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS(DAIRY EQUIPMENT BUSINESS AND STORAGE BUILDINGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - GARY AND CAROL VANDERWAL A public hearing was conducted on July 24, 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, Carla Angeli Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated June 28, 2002, and duly published July 10, 2002, in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to consider the request of Gary and Carol VanderWal for a Site Specific Development Plan and Use by Special Review Permit#1377 for a Use by Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts (dairy equipment business and storage buildings) in the A (Agricultural)Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Carla Angeli, 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. Ms. Angeli gave a brief description of the location of the site,which is 8.5 acres in size. She stated the property is designated as "Other lands,"and she described the surrounding uses. Ms. Angeli stated approval of this Use by Special Review Permit will resolve the current violation on the property. She explained the dairy equipment repair business has existed for many years, and the property owners were not aware that the use was in violation without a Special Review Permit. Ms. Angeli reviewed the business operation, and stated the applicant is proposing a future building for storage if the business grows. She stated the site has two accesses from Weld County Road 17, which is under the jurisdiction of the City of Greeley,and Highway 34 which is under the jurisdiction of the Colorado Department of Transportation. She further stated the City of Greeley and CDOT indicated no concerns with this proposal regarding access. Nine referral agencies responded favorably to this request and provided specific conditions. Ms. Angeli stated domestic water will be provided by the Little Thompson Water District, and there is a septic system on the site. Don Carroll, Department of Public Works,stated most of the traffic accesses the site from Weld County Road 17. Commissioner Jerke stated he attended a Highway 34 access meeting, and they discussed shutting many accesses to current properties. He questioned why CDOT is not using 2002-1823 00 : PL, //fa-70) ped PL1615 HEARING CERTIFICATION - GARY AND CAROL VANDERWAL (USR #1377) PAGE 2 this opportunity to close the access in accordance with future plans for Highway 34. Mr. Carroll agreed and stated he is uncertain why no action was taken at this time. Chair Vaad commented that the Access Plan is not an official document at this time, therefore, CDOT does not have the authority to close this access. He stated they must ensure that closing an access does not result in a landlocked parcel, and they are also required to purchase the access because accesses do have a value. Mr. Carroll stated the City of Greeley has annexed up to Weld County Road 17. Responding to Commissioner Jerke, Chair Vaad commented CDOT does have the authority to disallow requests for new or additional accesses. No public testimony was offered concerning this matter. Responding to Commissioner Geile, Mr. VanderWal stated the proposed future building may allow for storage if the business grows; however, he does not intend to construct that building at this time. He further stated he also attended the Highway 34 access meeting last week; however,there was formal action taken at that time. In response to Chair Vaad, Mr. VanderWal stated he has reviewed and agrees with the Conditions of Approval and Development Standards. Commissioner Jerke moved to approve the request of Gary and Carol VanderWal for a Site Specific Development Plan and Use by Special Review Permit #1377 for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (dairy equipment business and storage buildings) 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 Long, and it carried unanimously. There being no further discussion, the hearing was completed at 10:20 a.m. This Certification was approved on the 29th day of July 2002. APPROVED: BOARD OF COUNTY COMMISSIONERS WEL COUNTY, C LORADO ATTEST: geil Gle aad, Chair Weld County Clerk to t j B. 1861 !firvz �� David . L. Pro-Tem BY: .. l Deputy Clerk to the •� 4>>`= " � �` ��� __ k, i � " . J. ' eile TAPE #2002-23 tie William H. Jerke DOCKET#2002-52 54 VUVL— R bert D. Masden 2002-1823 PL1615 EXHIBIT INVENTORY CONTROL SHEET Case USR#1377 - GARY AND CAROL VANDERWAL 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 Photo of sign posted on site F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. k & 0 o % I ) ) _ ) §) / . 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