HomeMy WebLinkAbout20041239.tiff HEARING CERTIFICATION
DOCKET NO. 2004-43
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1460
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS,
(VEHICLE MAINTENANCE, REPAIR, PARTS SUPPLY AND SALES, PAINT BOOTH,
RETAIL, TRUCK STOP FACILITIES AND VEHICLES SALES) IN THE
A (AGRICULTURAL) ZONE DISTRICT -WESTERN EQUIPMENT AND TRUCK, INC.
A public hearing was conducted on May 19, 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
County Attorney, Bruce Barker
Planning Department representative, Michelle Katyryniuk
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 30,2004,and duly published May 5,2004,in the
Fort Lupton Press, a public hearing was conducted to consider the request of Western Equipment
and Truck, Inc.,for a Site Specific Development Plan and Use by Special Review Permit#1460 for
a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts(vehicle maintenance, repair, parts supply and sales,paint
booth, retail, truck stop facilities and vehicles sales) in the A (Agricultural) Zone District. Lee
Morrison,Assistant County Attorney,made this a matter of record. Michelle Katyryniuk,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. Ms. Katyryniuk stated 14 referral
agencies reviewed this case, 12 responded with comments that have been addressed through the
Conditions of Approval and Development Standards, and staff received no response from the
Sheriffs Office or Lower Latham Ditch Company. She stated staff did receive letters from a mineral
owner and lessee requesting that an agreement be required prior to approval. She further stated
although the design designates separate areas on the property, similar to a Planned Unit
Development, the applicant has indicated a desire to proceed with the Use by Special Review
process. Ms. Katyryniuk stated on May 14, 2004, the applicant submitted new Site Plan and
Landscape drawings,marked Exhibit R,which have not been reviewed by the referral agencies or
staff; however,following a brief review it appears the initial concerns are still valid and apply to the
new design. She stated the applicant has submitted a sign plan which indicates an identification
sign that meets the sign criteria for the Agricultural Zone District,as well as an eight-foot by 19-foot
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sign which exceeds the maximum square footage allowed in the Agricultural, Commercial, and
Industrial Zone Districts. Ms. Katyryniuk requested the addition of Condition 1.AA to state, "The
applicant shall attempt to address the requirements of the Division of Wildlife, as stated in the
referral response dated February 24,2004. Evidence of such shall be submitted to the Department
of Planning Services." She also requested Condition#1.Z be modified to state,"The applicant shall
submit to the Department of Planning Services, evidence of a finalized water agreement with the
Central Weld County Water District that has been approved by the County Attorney's Office, and
that the associated fees have been paid or are included in the required improvements agreement."
Ms.Katyryniuk displayed the new site plan and stated the site is located outside of the floodplain and
the house has been removed. She stated trailers and excavation equipment are currently being
stored on the site, and there are no other improvements, with the exception of oil and gas wells.
Char Davis, Department of Public Health and Environment, stated since the home and septic
system have been removed, Conditions#1.Q and #1.R can be deleted.
Donald Carroll, Department of Public Works,stated Weld County Road 47 is a local paved road with
an average daily traffic count ranging from 215 to 316 vehicles. He stated the intersection with
Highway 34 is identified as a three-quarter movement,which restricts traffic turning west. He stated
the access is 200 feet south of Highway 34, and there is an oil and gas access on the northeast
corner of the site. In response to Commissioner Jerke, Mr. Carroll stated there is a drainage pond
designated on Lot 7, and Condition#1.D requires the applicant to submit a Master Drainage Plan
to be used as the various areas of the site are developed. He stated the first phase does have a
significant amount of pavement and a large building that will displace a lot of water,so they will need
to ensure the pond can retain and release stormwater at a historical rate. Commissioner Jerke
stated drainage will need to be addressed because the retention pond is shown on the south and
the river is to the north,and he questioned how traffic will be directed to the west. Mr.Carroll stated
the transportation issues will have to be resolved with the Colorado Department of Transportation
(CDOT). CommissionerJerke also questioned how much will be assessed for the road impact fee
due to the significant amount of traffic generated. Responding to Chair Masden,Mr.Carroll stated
Weld County Road 47 is paved;however,the applicant will be required to ensure there are adequate
approaches and turning radiuses. Ms. Katyryniuk stated the road impact fee will be similar to that
for a warehouse or auto sales facility, which is based on the square footage, including the area
where vehicles are parked for display. In response to Commissioner Geile, Ms. Katyryniuk stated
the project is not within the three-mile referral area for the City of Evans.
Bob Condon represented the applicant and stated the site is in the vicinity of several major traffic
corridors, at the edge of Kersey's planning area, and within Weld County's enterprise zone. He
stated this is an area of prime farmland, but this particular parcel is not very productive, and he
reviewed the surrounding uses. He stated the applicant is applying for a Use by Special Review to
ensure the entire property remains under one ownership; it will not create individual parcels. He
further stated the main access is from Weld County Road 47, and there is an oil and gas access
on the east. Mr.Condon reviewed the site layout and stated there are no designated uses for Areas
2, 5, or 6 at this time; however, the plat will designate a building envelope and the maximum size
of future buildings. He stated the intersection of Weld County Road 47 and Highway 34 is a full
movement intersection at this time; however, CDOT indicated when improvements are made to
Weld County Roads 49 and 54 in the future, the access to this facility will be restricted to three-
quarter movements. Mr.Condon reviewed the layout of Area 1 for the record,and stated they have
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addressed the required parking,screening,and landscaping. In response to CommissionerJerke,
Mr. Condon stated CDOT indicated by the time Highway 34 becomes more limited,Weld County
Road 54 will likely become a service road. He stated Development Standard#28 addresses how
the buildings will be leased,and requires additional review by the Board if the lessee intends to use
the property for activities which differ from the intent of the Use by Special Review Permit. Ms.
Katyryniuk stated Development Standards#27 and#35 also address what is required if the future
uses are not consistent with this permit. Responding to Commissioner Vaad, Ms. Kayryrniuk
confirmed the site is within the LaSalle Fire Protection District. Responding to Chair Masden, Mr.
Condon stated there will be a retention pond on the south, as well as a retention/detention
combination pond on the northeast corner of the property which will be able to retain a significant
amount on the site. Chair Masden commented there has been a lot of dirt work that may have
already changed the historical flow of the site. Mr.Condon stated they will regrade the site to ensure
it does drain to the northeast, and reflect the change in the Master Drainage Plan, which will be
adhered to as the future uses are developed. Responding further to Chair Masden, Mr. Condon
stated the current facility averages 50 trips per day. Responding to Commissioner Geile, Mr.
Condon stated no fueling is proposed at this time. Ms. Kayryniuk stated the application estimates
each of the areas at the new facility could have 60 to 100 round trips per day involving all types of
vehicles and trucks. Commissioner Long commented this proposal appears to be more consistent
with the Planned Unit Development concept. Ms. Katyryniuk clarified this permit will encompass
the entire site, therefore, if staff determines that any of the future uses are substantially different
from what is allowed under this permit, an amendment will be required. Mr. Condon stated none
of the areas will be sold,rather,buildings will be leased. Mr.Barker expressed concern with leasing
structures because it will need to be very clear there is no interest in the land. Responding to
Commissioner Jerke, Mr. Condon stated there is a three-foot rise between the site and the ditch.
In response to Commissioner Jerke,Ms. Katyryniuk stated staff did not receive a referral response
from the Latham Ditch Company.
Robert Lockhart,General Manager of the Rush Peterbilt Center in Greeley,stated 25 percent of all
products from Peterbilt plants are sold through Rush dealerships. He stated they are an
environmentally friendly company,listed on the New York stock exchange,with 2,000 employees
nationwide. He stated the company meets frequently to ensure it maintains levels approved by
variuos environmental agencies. Mr.Lockhart stated 95 percent of the local clientele is involved in
agriculture,such as grain feeders,cattle haulers,sod farms,etcetera. He stated the business has
outgrown the facility on Second Avenue,and he displayed a standard layout used at other facilities.
He further stated the corporate offices have indicated the local work ethic is very good and they want
to bring in additional work involving repossessions and wrecks. Mr. Lockhart stated he wants to
maintain a good employee environment for the current 25 to 30 employees, and they expect to
expand to 50 employees in 3 years. He stated this facility will handle up to 75 employees, and the
site design will have adequate parking. In response to Commissioner Geile, Mr.Lockhart stated the
primary building will be 40,000 square feet, with 32 bays. He stated the current facility is
approximately 20,000 square feet,and they do not have enough parking,so employees work two
different shifts. He further stated the hours of operation at the new facility will be very similar to the
current hours.
Mr. Condon reviewed how the proposal complies with the Code for the record, as shown in
Exhibit Q. Responding to Commissioner Jerke, Mr.Condon stated they do have a hydraulic study
from the Central Weld County Water District stating it can provide water service for the site;
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however,they do not have a signed agreement. He added there is a water tap for Area 1,which will
provide 22,000 gallons per day at buildout, so a larger line may be needed in the future.
Gary Alles, surrounding property owner, reviewed his comments which were presented at the
Planning Commission hearing. He stated this is a commercial business that belongs in the
Commercial Zone District,extended hours of operation should not be allowed in this area,and the
applicant has not adequately addressed all of the issues of concern expressed by Planner, Kim
Ogle. He stated he operates a third-generation farm,and after attending several meetings this past
year it is very apparent the constituents of Weld County want to be involved in the changes that will
affect their properties. He stated the first changes in an area usually dictate what the neighborhood
will be like in the future. He suggested the purchase should have been contingent upon whether this
use is approved,and the applicant should not have started working on the site without approval. Mr.
Alles expressed concern with changing the access to a right-in/right-out,which will channel a lot of
the west-bound traffic south on Weld County Road 47, and added it is very unusual to allow a Use
by Special Review which can continue to have changing uses. Contrary to the applicant's
comments,Mr.Alles stated the subject property may not be productive right now due to the drought;
however, it has been farmed in the past, and if there is a significant storm event there will be
drainage issues. He stated many area residents assumed the use had already been granted due
to all the activity already taking place at the site.
Leroy Johnson, surrounding property owner, stated he supports the proposed use because it will
benefit the community by providing jobs. He stated Mr.Alles is one of the last farmers in the area;
however, he uses large equipment and has also brought many changes to the area.
Audrey Van-Maanen, surrounding property owner, stated she is a 20-year area resident. She
expressed concern with annexation,irrigation, roads,heavy traffic,drainage,and the general safety
of the residents. She stated she met with the applicant who proposed closing the current accesses
and adding a new access which would be open to various uses. She stated the use will generate
more traffic on the Highway,which is already noisy and difficult to access. Ms.Van-Maanen stated
in the past seven years their property has been flooded twice from storm events, which was not
a problem when the dairy was operating because of controlled flows with an irrigation system. She
stated they have been told there will eventually be a stop light in the area;however,the new projects
in the area will continue to result in increased theft,vandalism,trespassing,debris,and congested
traffic. She submitted photographs, marked Exhibit P,showing flooding on her4.5-acre property,
which is located directly east of the proposed site.
Chair Masden recessed the hearing for lunch until 1:30 p.m. Upon reconvening Michael Ream,
surrounding property owner, expressed concerns with large signs, drainage, landscaping, traffic
flow,and the number of employees. He stated the application seems to continue changing,and he
wants to ensure they are required to meet all of the relevant Code requirements.
Ben Gillham, surrounding property owner, stated he has known the applicant for 15 years. He
stated their business will make money, and the project will improve the value of properties in the
area.
Mr. Condon stated the underground aquifer likely flows north; however,the highway compaction
tends to block the natural flow which results in drainage problems for the neighbor to the east. He
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stated the Master Drainage Plan will address floodwaters and the retention/detention pond should
also benefit the property to the east. He stated they have reviewed and concur with the Conditions
of Approval and Development Standards as proposed and modified by staff. He requested approval
of a sign exceeding the maximum size allowed in the Agricultural Zone District,and that the hours
of operation be allowed beyond the daylight hours for maintenance and repairs. In response to
Commissioner Vaad, Mr. Condon explained they are pursuing a Use by Special Review Permit
because they want the property to remain under one control and ownership,although some of the
areas do not have defined uses,they will likely be consistent with the truck dealership proposed for
Area 1. Responding to Commissioner Geile,Mr.Condon stated they realize the sales tax does not
apply in the unincorporated areas of Weld County,and taxes will be split so the applicant pays the
real property taxes and the lessee pays the personal property taxes. He further stated they propose
to own the ground and the shell of the building, and the lessee will provide the internal equipment
and items related to their business. Responding further to Commissioner Geile, Mr.Condon stated
the applicant purchased the property and started clearing the site. The more extensive work began
when they were presented with an opportunity to obtain fill dirt material from the ditch company,and
the house was relocated to another site with the appropriate permits. He stated they will do the
grade work to make sure water will not run onto the road.
Ms. Davis expressed concern with the revised plot plan and whether there is adequate room for a
septic system. Mr.Condon stated they are proposing an engineered septic system in the northeast
corner of Area 1,and they will likely need to contact the Town of Kersey for public sewer service at
full build out. Ms. Davis stated Conditions#1.Q and#1.R relate to the old residence and do not
apply,therefore,she requested the following be added as Condition#1.B.14 to state,"The applicant
shall supply two septic envelopes on the plot plan that meet all setback requirements and that are
outside the parking areas." Responding to Commissioner Vaad, Mr. Condon stated they have
discussed annexation to the Town of Kersey if its boundaries extend into the area, and they also
made an informational presentation to the Board of Trustees. He clarified the applicant is not
opposed to entering into an annexation agreement when the time is appropriate. Ms. Katyryniuk
stated a Development Standard could be added to state when services are available,the applicant
will enter into an annexation agreement. Commissioner Jerke commented it should not be specific
to a particular municipality since there are several in the area. Responding to Mr. Barker,
Commissioner Vaad explained he does not intend that it happen immediately, but that if a
municipality does grow into the area,the applicant should pursue an annexation agreement. Mr.
Condon stated they discussed using a trigger point, such as the specific number of employees or
square feet, which would require an annexation agreement. Ms. Katyryniuk suggested adding a
Development Standard which states,"When services are available from a surrounding municipality
or town,the applicant shall enter into an annexation agreement with that town. Failure to do so will
cause revocation of this permit." The Board indicated leaving out the last sentence. Mr. Barker
stated the testimony indicates the applicant will only be leasing the building and associated parking,
therefore, they will need to submit a copy of the lease to the County Attorney's Office to ensure it
does not fall within the definition of a subdivision. Commissioner Geile expressed concern with
requiring the applicant to enter into an annexation agreement once services are available because
the Board has publicly stated it does not recognize an Urban Growth Boundary for the Town of
Kersey. Mr. Barker stated the language is broad enough to apply to any of the surrounding
municipalities,therefore, it is not binding. Commissioner Geile stated the language should not be
included since there is no Intergovernmental Agreement with Kersey. Mr. Barker stated the
condition would also be difficult to police. Commissioner Vaad withdrew his suggestion because
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there is also State law that requires a property to connect to public sewer if it is within 400 feet. Ms.
Davis added staff cannot reissue a septic permit if the septic system fails or a new system is
requested for the undesignated areas.
Craig Sparrow, owner of Western Equipment and Truck, Inc., stated he intends to connect the
property to public sewer as soon as it is available. He stated the Town of Kersey is the most likely
municipality in the area; however,he would also be willing to work with the cities of Evans or Greeley
if they come into the area. He explained Western Equipment and Truck, Inc.,will own the land and
the lessees will be primarily involved in the transportation industry which is consistent with the truck
dealership.
Commissioner Jerke stated he has concerns regarding the agreements with the mineral interest
owners, relying on an existing Central Weld County Water District tap without additional study as
to whether additional domestic water will be provide, and granting uses that may or may not be
consistent with the neighborhood or the Weld County Comprehensive Plan. He also expressed
concern regarding long-term leases,a significant impact caused by 692 parking spaces,very costly
road impact fees,earth work that changed historical drainage patterns,and requiring an agreement
with the Latham Ditch Company which grants them veto power.
Commissioner Long stated similar concerns since there is a potential for other uses. He stated he
supports the concept and truck sales; however, he feels it would have been better to use the
Planned Unit Development process which would have allowed for additional review and public input
before other uses were allowed. He stated the health, safety, and welfare of the citizens of Weld
County will not be protected and there will be a lack of oversight.
Commissioner Vaad stated he supports this proposal because the Comprehensive Plan shows
U.S. Highway 34 as an employment corridor. He stated the undesignated uses have been
addressed through Development Standards #27, #28, and #35, there is a similar
industrial/agricultural use one mile to the east, and the government has no business requiring a
statement of intent prior to the use of a property as suggested by Mr.Alles. He stated the earth work
was done as a result of dredged ditch work which could be used on the site,water has been flowing
to this property for some time,and he is not convinced it should be the sole responsibility of this land
owner to correct a regional drainage problem. Commissioner Vaad commented he supports the
application.
Commissioner Geile stated the applicant does not address the health, safety, and welfare of the
area as it relates to traffic. He stated Weld County Road 54 will be a major arterial for the City of
Evans according to its Comprehensive Plan; however, it will not be developed in the near future.
He cited the reasons of denial recommended by the Planning Commission, and stated it appears
the City of Evans is within three miles and was not provided with an opportunity to review this
proposal. He stated the request is not compatible with the surrounding area or future uses of
effected municipalities as required by Sections 23-2-230.B.3 and B.4 of the Weld County Code.
Chair Masden commented this is a good application; however, there are issues of concern
regarding traffic,drainage,and sewer service. He stated septic envelopes need to be designated,
and a Planned Unit Development would have been the preferred review process. He also
expressed concern regarding the earth work that was done before this permit was reviewed,which
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may have potentially altered the drainage pattern in the area,as well as the activity which continued
following violation hearings before the Board. He stated this is being proposed by a very good
business; however, it is in the wrong place at the wrong time.
Commissioner Geile commented this does not reflect on the business as it exists here in Greeley
and he supports their search for a better suited location.
Commissioner Long concurred and moved to deny the request of Western Equipment and Truck,
Inc., for a Site Specific Development Plan and Use by Special Review Permit#1460 for a Use
Permitted as a Use by Right, an Accessory Use,or a Use by Special Review in the Commercial or
Industrial Zone Districts, (vehicle maintenance, repair, parts supply and sales, paint booth, retail,
truck stop facilities and vehicles sales)in the A(Agricultural)Zone District,due to lack of compliance
with Sections 23-2-230.6.3, 6.4, and 6.7. The motion was seconded by Commissioner Jerke.
Upon a call for the vote,the motion carried four to one,with Commissioner Vaad opposed. There
being no further discussion, the hearing was completed at 2:25 p.m.
This Certification was approved on the 24th day of May 2004.
``
APPROVED:
/i, 4. ' - `Vi t BOARD OF COUNTY COMMISSIONERS
:a -' WcLD COUNTY, COLORADO
tit l
�" /11/24.4
/u Robert D. Masden, Chair
i� ='; •;0, Clerk to the Board9,11„,,e;„
William erke, Pro-Tem
BY: 44.„4
Deputy Clerk to the Board Q-Lf-
eil
TAPE#2004-23
David . Long
DOCKET#200443
Glenn Vaa
2004-1239
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1460 -WESTERN EQUIPMENT AND TRUCK, INC.
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 03/02/2004)
D. Clerk to the Board Notice of Hearing
E. Applicant Request to Proceed with Hearing (03/15/04)
F. Applicant Letter re: Project Manager (03/05/2004)
G. Division of Wildlife Referral with Comment (02/24/2004)
H. Planning Staff Sign Posting (04/20/2004)
Planning Staff Letter from Central Weld County Water
District, dated 05/17/2004
J. Planning Staff Letter from Applicant, dated 05/13/2004
K. Planning Staff Letter from Applicant, dated 04/28/2004
L. Planning Staff Letter from Applicant, dated 04/10/2004
M. Planning Staff Sign Policy from Applicant, received
05/14/2004
N. Planning Staff Unsigned Agreement from Merit Energy
Company, received 05/14/2004
O. Planning Staff Form of Agreement from Kerr-McGee
Rocky Mountain Corp., received 05/14/2004
P. Audrey Van-Maanen Four photographs of flooding, submitted
05/19/2004
Q. Applicant Copies of overhead transparencies,
displayed 05/19/2004
R. Applicant Oversized Vicinity Map, Site Plan, and
Landscaping Plan, dated 05/12/2004
S.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF MAY, 2004:
DOCKET#2004-14 - MOISES RODRIGUEZ
DOCKET#2004-44 -JEFF STAMP
DOCKET#2004-43 -WESTERN EQUIPMENT AND TRUCK, INC.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF MAY, 2004:
DOCKET#2004-14 - MOISES RODRIGUEZ
DOCKET#2004-44-JEFF STAMP
DOCKET#2004-43 -WESTERN EQUIPMENT AND TRUCK, INC.
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John e 123 Nowhere Street, City, State, Zip
ago_ a6a75- byte. V_T ec, po631
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