The URL can be used to link to this page

Browse Search

Home My WebLink About20053232.tiff HEARING CERTIFICATION DOCKET NO. 2005-71.A RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1519 FOR A HOME BUSINESS (PARKING AND MAINTENANCE OF TRUCKS AND TRAILERS) IN THE A (AGRICULTURAL)ZONE DISTRICT - GLEN AND VIRGINIA VAN OEVEREN A public hearing was conducted on November 21, 2005, at 9:30 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tem Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Jenny VanEgdom County Attorney, Bruce Barker Assistant County Attorney, Lee Morrison - TARDY Planning Department representative, Kim Ogle Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated October 14, 2005, and duly published October 19, 2005, in the Fort Lupton Press,a public hearing was conducted on November 2,2005,to consider the request of Glen and Virginia Van Oeveren for a Site Specific Development Plan and Use by Special Review Permit#1519 fora Home Business(parking and maintenance of trucks and trailers) in the A(Agricultural)Zone District. At said hearing the Board deemed it advisable to continue the matter to Monday, November 21, 2005, at 9:30 a.m. to allow adequate time for staff to notify new property owners within 500 feet of the site. On November 21,2005, Bruce Barker,County Attorney, made this a matter of record. (Lee Morrison, Assistant County Attorney, is now present.) Kim Ogle, Department of Planning Services,presented a brief summary of the proposal and entered the unfavorable recommendation of the Planning Commission into the record as written. He stated two parcels of surrounding property have changed ownership during the course of the application, and the new property owners have been notified of the hearing. He stated the current violation against the property will be closed, should the Board grant approval of the Use by Special Review Permit. Mr. Ogle stated the property is within the three-mile referral area for the Town of Hudson; however, the Town of Hudson found no conflict with the application. He stated the property is accessed from Weld County Road 22, which is a paved road. He further stated Chris Paulson of H.B. Farms, surrounding property owner, submitted a letter, marked as Exhibit J, requesting additional screening on the north side of the property. Mr. Ogle displayed photographs of the site and surrounding properties. (Changed to Tape#2005-44). In response to Commissioner Masden, Mr. Ogle stated screening on the site shall be opaque, and at least six feet tall. 2005-3232 PL1793 ft Pe-, fie, fi2xti is oq-os- HEARING CERTIFICATION - GLEN AND VIRGINIA VAN OEVEREN (USR #1519) PAGE 2 Char Davis, Department of Public Health and Environment, stated the current septic system is permitted,and the employees of the business will utilize the current system located in the personal residence. She further stated the well is permitted as a domestic well, and does not need to be re-permitted as a commercial well. Don Carroll, Department of Public Works, stated access to the property is from Weld County Road 22,one mile west of Weld County Road 49,and no improvements are required regarding the roads. He stated there is one access to the property,and he recommended additional gravel at the access, and some small drainage issues will be addressed. Virginia Van Oeveren, applicant, stated the trucks are picked up in the morning, and they haul materials for Haliburton during the majority of the day. She stated the trucks arrive back at the site in the evenings,and park onsite overnight. In response to Chair Jerke, Ms.Van Oeveren stated a total often trucks will be used in the operation;however,several trucks are used primarily in Trinidad and are rarely onsite. She stated eight pneumatic trailers, and four flatbed trucks are also located on the site. Ms. Van Oeveren stated employees occasionally work on Saturdays, and minor repairs to the trucks are often completed on Sundays. She further stated all major repairs are handled at a large truck repair facility;however, all the drivers are required to take care of the daily maintenance of the trucks. In response to Chair Jerke, Ms. Van Oeveren stated the trucks haul cement,sand,and often construction equipment. In response to Commissioner Masden,Glen Van Oeveren,applicant,stated the trucks haul only dry materials. Further responding to Commissioner Masden, Ms. Van Oeveren stated the hours of operation will be 5:00 a.m. to 10:00 p.m., Monday through Saturday. In response to Commissioner Masden,Ms.Van Oeveren stated no complaints have been received from surrounding property owners regarding the hours of operation. She further stated one surrounding property owner stated her concerns at the Planning Commission hearing; however,she has recently moved away from the area. She stated the trucks typically leave the site between 6:30 a.m. and 7:00 a.m., and return back to the site between 4:30 p.m. and 6:00 p.m.; however, there are occasions when the trucks need to be able to arrive at the site later in the evening. Mr. Van Oeveren stated he has objections to trucks hauling sand at night, and approximately 90 percent of the business is hauling sand. He further stated the trucks arriving late in the evening will be a rare occasion. Ms.Van Oeveren stated the trucks are not allowed to use jake brakes,and are requested to slow down and enter the site quietly. In response to ChairJerke, Ms.Van Oeveren stated the property is ten acres in size, and four acres are used for the business operation. She further stated a company has been scheduled to bring in motorgraders to solve the problem of water pooling on the property. Further responding to ChairJerke, Mr.Carroll stated the applicant has 450 feet of frontage along Weld County Road 22. In response to Commissioner Long, Ms.Van Oeveren indicated the locations residences of surrounding property owners on the provided map. She stated they have obtained an estimate for fencing, and evergreen trees will be planted across the front of the property as requested. In response to Commissioner Masden, Ms. Van Oeveren stated four of the trucks spend a majority of the year in the Trinidad area and are only onsite for two weeks out of the year, when the Trinidad site is closed during hunting season. Kristen Hood, applicant's daughter, stated she canvassed the area and personally talked with surrounding property owners following the Planning Commission hearing. She stated the neighbors did not have any complaints, and most mentioned they did not notice additional traffic generated by 2005-3232 PL1793 HEARING CERTIFICATION - GLEN AND VIRGINIA VAN OEVEREN (USR #1519) PAGE 3 the business since there is generally a large amount of truck traffic on Weld County Road 22. She stated she personally spoke with the property owners that purchased the former Gerkin residence, and the new owners stated they have no concerns. In response to Chair Jerke, Mr. Carroll stated Weld County Road 22 is classified as a Collector status road, and the required setback will be 40 feet from the centerline. Chair Jerke stated he believed Weld County Road 22 to be part of the Strategic Road System, and there are proposals in the area to create growth. C.H.Criswell, Haliburton employee,stated he is pleased with the service supplied by the applicants, and it is his hope that the applicant will be allowed to continue to provide service at the current location. Bob Wiley, an associate of the applicants, stated the applicants are very reputable. He stated his business, Wiley Trucking, recently completed the Use by Special Review Permit process and he believes that any objections to arise from surrounding property owners can be negotiated and easily dealt with. Mr. Carroll corrected his previous statement and clarified that Weld County Road 22 is classified as an Arterial status road,which means the future setback will be 70 feet from the centerline. Chair Jerke stated as future development happens,Weld County Road 22 will have 40 feet of pavement, including the shoulders, and the next stage of development would result in a four-lane paved road. He further stated to accommodate the development of the road,the proper right-of-way is required, and applicants typically make an agreement regarding future right-of-way during the Use by Special Review Permit process. ChairJerke stated 70 feet right-of-way will be required from the centerline, and the agreement presently calls for only 40 feet right-of-way; therefore, the applicant needs to agree to an additional 30 feet of right-of-way. In response to Commissioner Vaad,Mr.Carroll stated improvements are normally associated with a dedication, and he did not request any improvements to be made to the frontage road. Mr.Morrison stated a dedication is only appropriate when activity generates a proportional need for additional right-of-way. In response to Chair Jerke, Mr. Morrison stated a reservation has legal connotations that are similar to a dedication. He stated new language has been created that indicates that all setbacks need to be figured as if a road were an Arterial status road. He further stated when the setbacks are figured in this fashion, there is no need to dedicate the land, and the setback boundaries prohinit a structure from being placed in future right-of-way. Commissioner Vaad stated the applicant would need to agree to not build any structures in the setback area. He stated at the time of expansion of Weld County Road 22, the County will pay fair-market value for needed property. In response to Chair Jerke,Ms.Van Oeveren stated the planned fencing and trees will not be in the setback area. In response to Commissioner Masden,Mr. Morrison stated fencing does not have to meet the setback requirements; however, it is suggested that fencing be placed behind the setback area. In response to Ms. Van Oeveren, Chair Jerke restated the applicants would need to agree to a setback of 70 feet from the current centerline. Mr.Morrison stated there is an additional setback of 2005-3232 PL1793 HEARING CERTIFICATION - GLEN AND VIRGINIA VAN OEVEREN (USR#1519) PAGE 4 20 feet for the placement of any structures; however, non-structural items may be placed in that area. In response to ChairJerke,Mr.Morrison stated Condition of Approval 2.1 needs to be modified to read that Weld County Road 22 is classified as an Arterial status road,which requires 140 feet of right-of-way at full build out. He stated the modification should also state a total of 70 feet from the centerline shall be delineated as right-of-way on the plat. He further stated,for the applicant's clarification, that any structure requiring a building permit may be built 90 feet from the centerline. In response to Chair Jerke, Mr. and Ms.Van Oeveren stated they have reviewed and concur with the Conditions of Approval and Development Standards as proposed and modified. ChairJerke stated he understood that the Planning Commission voted for unanimous denial of the Use by Special Review Permit request; however, he does not agree with the decision. Commissioner Masden stated he believes the Planning Commission reached its decision for denial based upon the opposition of the former surrounding property owner. He further stated Weld County Road 22 is a heavily traveled road, and he is in favor of approval. Commissioner Masden moved to approve the request of Glen and Virginia Van Oeveren for a Site Specific Development Plan and Use by Special Review Permit#1519 fora Home Business(parking and maintenance of trucks and trailers) in the A (Agricultural) Zone District, based on the recommendations of the Planning staff,with the Conditions of Approval and Development Standards as modified. The motion was seconded by CommissionerGeile,and it carried unanimously. There being no further discussion, the hearing was completed at 10:05 a.m. This Certification was approved on the 23rd day of November, 2005. �a+�� APPROVED: I Fa :OARD OF COUNTY COMMISSIONERS (03) T' ELD COUNTY, COLORADO ATTEST: P ��I A �1Mt • //e/-,i illiam H. erke, Chair Weld County Clerk to the B.,,�.1/ V J. _ M. eile, Pro-Tem BY: /��rVl D uty CI k to the Bo Davi E. Long TAPE #2005-43 and #2005-44 *4 Robe D. Masde DOCKET#2005-71.A Glenn Vaad 2005-3232 PL1793 EXHIBIT INVENTORY CONTROL SHEET Case USR #1519 - GLEN AND VIRGINIA VAN OEVEREN 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 08/16/2005) D. Clerk to the Board Notice of Hearing E. Applicant Letter re: Willingness to Proceed with Application (09/07/2005) F. Planning Staff Sign Posting Certificate G. Planning Staff Updated Surrounding Property Owner list, dated 11/02/2005 H. County Attorney E-mail response re: Notification of new Surrounding Property Owner addresses, dated 11/02/2005 Clerk to the Board Notice of Continued Hearing Date (filed under Legals) J. Chris Paulson Letter of Support and Request for additional screening (11/17/05) K. Applicant Presentation L. M. N. O. P. Q. R. S. T. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF NOVEMBER, 2005: DOCKET#2005-71 - GLEN AND VIRGINIA VAN OEVEREN PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 61s i *rice Igo S , 1 6,146A-t (Jo num( C . CRIB uti N L 19 3 ),L1- OR CoFT ��P i�n &zed Vigil ® -v'eRc,J zA97o wCit 2 hits 6≤aas , en PcEoc'Z (-Lt. ©a tie re Li aa.17o C/z 2 ,// /ir.�s-t,v7 (1U 2047 w, O< s ��r*Cv S 2 ( Nr/e (4_ 8a 63/ /✓cbE-rqN INi 3sec/Z. CO Pei 429 f=%/c',t/ & to cra ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 2ND DAY OF NOVEMBER, 2005: DOCKET#2005-71 - GLEN AND VIRGINIA VAN OEVEREN DOCKET#2005-75 - PETRO-CANADA RESOURCES (USA) INC. PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, fi/-State,ta Zip L /9_ ✓ALL DPL;id-7-•, Co Co 4z/ ; X q-7.0 c e.9e-Z ,s7Q, col /3D S , 1 6,( h/ - B`b 1 F�-yNnl 22-4-fitE. 5i�2tFr�� a.7 J iGyur,v's "A-,cW , C eoi26 Hello