HomeMy WebLinkAbout20041870.tiff HEARING CERTIFICATION
DOCKET NO. 2004-65.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1476
FOR A BUSINESS (COMMERCIAL JUNKYARD OR SALVAGE YARD) IN THE C-3
(COMMERCIAL) ZONE DISTRICT -TROY AND JUDY HEFNER
A public hearing was conducted on August 11, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
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 July 9,2004,and duly published July 14,2004, in the
Fort Lupton Press,a public hearing was scheduled for July 28,2004,to consider the request of Troy
and Judy Hefner for a Site Specific Development Plan and Use by Special Review Permit#1476 for
a Business(commercial junkyard or salvage yard)in the C-3(Commercial)Zone District. However,
due to the lack of a quorum,the hearing was not held. On Monday,August 2,2004,the Board called
up the matter for the purpose of continuing the case to August 11,2004,as previously arranged with
the applicant. On August 11, 2004, Lee Morrison, Assistant County Attorney, made this a matter
of record. 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 gave a brief description of the location of the site and surrounding uses. She stated
14 referral agencies reviewed this request,four indicated no conflict with their interests, and eight
provided comments that have been addressed through the Conditions of Approval and Development
Standards. She further stated no response was received from the City of Northglenn or Adams
County,and staff received no correspondence from surrounding property owners. Commissioner
Vaad referred to the response from the City and County of Broomfield,which indicates they do not
support the project due to potential conflicts with the Interstate-25 North Broomfield Sub-Area Plan
design standards. In response to Commissioner Vaad, Ms. Hatch stated Weld County is not a party
to the Plan; however, she did speak with a Broomfield representative who verified they have no
interest in annexing the property. Responding to Commissioner Vaad, Mr. Morrison stated
Broomfield is unable to annex beyond what was allowed in its Constitutional amendment. Ms. Hatch
stated her conversation with Broomfield was subsequent to the referral response, and she will do
an additional followup. In response to Commissioner Geile, Ms. Hatch stated Condition#1.6 was
added to address concerns expressed by the Sheriffs Office. She explained the intent of the Crime
Prevention Through Environmental Design Program is to use screening,lighting,and landscaping
in such as way that will make it easier for the Sheriff's deputies to patrol the site.
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HEARING CERTIFICATION - TROY AND JUDY HEFNER (USR #1476)
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Char Davis, Department of Public Health and Environment, stated there will be three employees,
and there is a permitted commercial septic system and commercial well. She stated the applicant
did submit a Waste Handling Plan, therefore, Condition #1.A can be deleted, and the Board
concurred.
Peter Schei, Department of Public Works, stated Weld County does not maintain the roads in this
subdivision; however,the applicant did address staff's concerns regarding stormwater runoff. Mr.
Schei stated the application indicates the only changes to the property will be to the interior of the
building. Responding to CommissionerJerke, Mr.Schei stated he reviewed the case and contacted
the applicant during the Site Plan Review process. He explained the applicants did provide him with
a letter notifying him of the lot to the east which is designated as a retention area for stormwater
runoff. He stated since there are no proposed changes to the exterior of the building, and staff is
not aware of any hazards, he is not requiring any upgrades at this time. Commissioner Vaad
referred to a letter from Kurt Althen,marked Exhibit F,expressing concern regarding a junkyard that
is visible from 1-25 and asked staff to research the matter and provide a response.
Troy Hefner, applicant, stated he had not seen the letter referred to by Commissioner Vaad.
Commissioner Vaad explained the issue relates to screening ajunkyard from an interstate system
supported by federal aid. Mr. Hefner explained the vehicles will be brought into the building to be
dismantled and the shells will be stored outdoors,and he reviewed his plans to have them removed
and crushed. Responding to CommissionerJerke,Mr. Hefner stated the property is 2.59 acres,and
the shells will be stored on approximately two (2) acres. Judy Hefner, co-applicant, stated this
proposal is very similar to the existing uses on the adjacent property to the north. In response to
Commissioner Geile, Ms. Hefner stated the landscaping will be limited due to an irrigation well that
is high in salt content; however, they intend to use rock and fencing to landscape and screen the
property along the 1-25 Frontage Road. Responding to Chair Masden,Mr. Hefner stated a few of the
cars are stacked; however, most are one level and they are removed to be crushed approximately
every six months.
Commissioner Vaad expressed concern with approving a use that may cause the Colorado
Department of Transportation to loose federal aid. Mr. Morrison read a portion of State statute,
marked Exhibit H, which does have a provision that allows this type of use within 1,000 feet of a
federal highway if the property is zoned industrial. Ms. Hatch stated some of the vehicles will be
located behind the building which will help shield the view from the highway; however,the area to
the south will be more visible. Mr. Morrison stated a junkyard use can also be allowed if it is
adequately screened. Commissioner Vaad suggested adding a Condition requiring the applicant
to obtain a permit from CDOT,which will prevent Weld County from jeopardizing the State's ability
to receive federal aide. Mr. Morrison suggested the permit may not be necessary in the event the
use is found to be allowable since it is located on a property that is zoned industrial.
Responding to Commissioner Jerke, Ms. Hefner stated the lot to the east is owned by Mr.Althen's
clients, and it is designated on the plat as an outlot for drainage. Mr. Schei stated the historical
drainage has come to that lot which is 2.26 acres. Responding to Commissioner Vaad, Mr. Hefner
stated there are three salvage yards in this subdivision and he reviewed the surrounding uses as
shown on the aerial overhead.
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HEARING CERTIFICATION - TROY AND JUDY HEFNER (USR #1476)
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No public testimony was offered concerning this matter. Commissioner Vaad commented he is
withdrawing his proposal regarding a Condition to obtain a permit from CDOT because of the similar
uses already in the area. In response to Chair Masden, Ms. Hefner stated they have reviewed and
concur with the Conditions of Approval and Development Standards as proposed and modified. She
stated they have already satisfied most of the conditions,and following this hearing they will finalize
the plat.
Commissioner Jerke moved to approve the request of Troy and Judy Hefner for a Site Specific
Development Plan and Use by Special Review Permit#1476 for a Business(commercial junkyard
or salvage yard) in the C-3 (Commercial) 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 deleting Condition #1.A and
relettering accordingly. The motion was seconded by Commissioner Long who stated he supports
the motion based on compatibility with the surrounding area. The motion carried unanimously.
Commissioner Vaad stated he feels compelled to provide a written response to Mr.Althen regarding
the Board's findings,and the Board concurred. There being no further discussion,the hearing was
completed at 11:10 a.m.
This Certification was approved on the 16th day of August 2004.
APPROVED:
��� BOARD OF COUNTY COMMISSIONERS
i I �J�G" W D COUNTY, COLORADO
,,,�,,�',,7{' ..'1000^IIUj^WWW( /1
:1?-4(i. C••'^` Clerk to the Board Robert D. Masden, Chair
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-'`� ' �� EXCUSED TE OF APPROVAL
4riii - William H. rke, Pro-Tem
UN 'ty Clerk to the Board
Geile
TAPE #2004-34
David E. Long
/
DOCKET#2004-65
Glenn Vaad
2004-1870
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1476 -TROY AND JUDY HEFNER
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 06/15/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Letter re: Completed Requirement Prior to
Hearing (06/28/2004)
F. Kurt Althen Letter of Opposition, dated 08/01/04
G. Planning Staff Certification and Photo of sign posting,
submitted 08/11/2004
H. County Attorney's Office Westlaw Download re: Junkyards,
submitted 08/11/2004
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 11TH DAY OF AUGUST, 2004:
DOCKET#2004-65 -TROY AND JUDY HEFNER
DOCKET#2004-57 -UIV LAND, LLC, C/O NOLAN ULMER
DOCKET#2004-69 -JOSE AND JOSEFINA AGUIRRE
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