The URL can be used to link to this page

Browse Search

Home My WebLink About20033096.tiff HEARING CERTIFICATION DOCKET NO. 2003-83 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1407 FOR A USE BY RIGHT,AN ACCESSORY USE,ORAUSE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS(TOWING,STORAGE,SALES,AND RENTAL OF MOTORCYCLES, CARS, AND RECREATIONAL VEHICLES; NONCOMMERCIAL JUNKYARD;AND AUTO PAWN)IN THE A(AGRICULTURAL)ZONE DISTRICT - ELIZABETH ROSEMAN A public hearing was conducted on November 26, 2003, at 10:00 a.m.,with the following present: Commissioner David E. Long, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Chris Gathman Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated November 7,2003,and duly published November 13, 2003, in the South Weld Sun,a public hearing was conducted to consider the request of Elizabeth Roseman fora Site Specific Development Plan and Use by Special Review Permit#1407 for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (towing, storage, sales, and rental of motorcycles, cars, and recreational vehicles; noncommercial junkyard; and auto pawn) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chris Gathman, 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.Gathman gave a brief description of the location of the site and surrounding land uses. He stated 12 referral agencies reviewed this proposal,two indicated no conflicts,and eight provided comments that have been addressed in the Conditions of Approval and Development Standards. He further stated the application has been revised to address concerns expressed during the Planning Commission hearing. The revisions include removing three mini storage buildings on the north,an amended circulation plan and haul route to address traffic accessing the site, and a modified landscaping plan to buffer views from U.S. Highway 85. Mr. Gathman stated the existing well may not be able to serve the proposed landscaping;however,the applicant has obtained an additional well permit for irrigation purposes. He stated the site is within the three-mile referral area for the City of Fort Lupton,which provided a referral response dated January 2, 2003, and indicated opposition to the proposal because it will create an urban use outside of an urban area. He stated staff does not feel this proposal is in an urban area because urban water and sewer services are not available to the site. He stated the property owner to the north is opposed due to incompatibility issues and potential environmental 2003-3096 PL1692 HEARING CERTIFICATION - ELIZABETH ROSEMAN (USR #1407) PAGE 2 hazards, and indicated there are other industrial sites better suited for the proposed uses. Mr. Gathman stated there is an existing 60-foot access and utility easement along the north property line,and the oil and gas tank battery operators use the existing access road through the middle of the property. He stated there is an existing Kerr-McGee gas line 30 feet south of the property line, a 15-foot setback will need to be designated,and the accesses will need to be surfaced with gravel. He further stated a Condition of Approval needs to be added requiring an agreement between the applicant and Kerr-McGee prior to recording the plat. Mr.Gathman stated the Planning Commission recommends denial of this proposal because it does not appear that the Design and Operations Standards or Conditions of Approval and Development Standards can ensure the health,safety,and welfare of the neighborhood or residents of Weld County. He stated,if approved,the applicant will still need to address the items listed as conditions prior to scheduling the Board of Commissioners' hearing,and he requested additional Conditions of Approval and Development Standards be added as listed on Exhibit G. In response to Commissioner Jerke, Mr. Gathman indicated the access is from U.S. Highway 85, and Weld County Road 18 is approximately 500 feet north of the site. He stated the property is approximately 3.5 acres,the Colorado Department of Transportation(CDOT) has requested a right-in/right-out access, and he described the haul route. He clarified that the business already exists, and this Use by Special Review Permit was initiated as a result of a pending violation. Responding to Commissioners Geile and Masden, Mr. Gathman stated the applicant purchased the property in January 1999, and the violation was initiated in 2000. In response to Commissioner Vaad,Mr. Gathman stated staff wants the entire outdoor storage area to be screened with opaque fencing. He explained the applicant intends to repair the vehicles and then try to sell them by parking them along U.S. Highway 85 at the front of the property, and the recreational vehicles will be stored on the north side of the site. He stated the site is near the Intergovernmental Agreement(IGA)Area for the City of Fort Lupton,as well as the U.S.Highway 85 Corridor. The site will be required to meet the landscaping requirements for the City of Fort Lupton, and provide a 25-foot setback from U.S. Highway 85. He further stated there is not a substantial grade difference between the site and U.S. Highway 85. In response to Commissioner Masden,Char Davis,Department of Public Health and Environment, stated she did a site visit and there did not appear to be a problem. Donald Carroll,Department of Public Works,stated the site will be accessed from U.S. Highway 85, and CDOT has requested a right-in/right-out access and closure of the curb cut in the center median. He stated there is one proposed and four permitted gravel pits using the intersection at Weld County Road 18, and improvements are planned for the future. He stated the traffic study indicated approximately 20,000 vehicles on U.S. Highway 85, and 200 to 400 vehicles on Weld County Road 18,per day. He further stated the applicant will supply a detour route for south-bound traffic if the center median crossing is closed. Brian Larson,attorney,stated approval of this application will give the County more control on what activities are allowed on the site and it will resolve the violation. He stated the primary concern expressed by the Planning Commission was regarding access from U.S. Highway 85;however,the applicants have designated a haul route and the access will be right-in/right-out only on U.S. Highway 85. Mr.Larson stated the concerns of Kerr-McGee have been addressed by agreeing to place nothing but gravel over the gas lines. He stated the applicants have received approval from the State to drill another well to address landscaping irrigation,and they are willing to bring the site into compliance before being allowed to record the plat. In response to Commissioner Geile, Mr. 2003-3096 PL1692 HEARING CERTIFICATION - ELIZABETH ROSEMAN (USR #1407) PAGE 3 Larson stated the applicant purchased the property in 1999, and it was previously used for agricultural purposes. He stated the Recorded Exemption was completed prior to the applicant's purchase. Responding to Commissioner Jerke, Mr. Larson stated the new well will be used for domestic and irrigation purposes, and he submitted a copy of the well permit, marked Exhibit H. Commissioner Jerke stated this will be a domestic well, it does not appear that the well will be required for augmentation,it is non-tributary,and approximately 15-feet deep. Mr. Morrison stated the limitations are 15 gallons per minute, and no more than three-quarter-acre-feet per year. Mr. Gathman stated the original well permit was similar to this one and the Division of Water Resources stated it would only cover about 8,000 square feet of landscaping,so this additional well should be adequate. Scott Busker,surrounding property owner, stated he recently purchased the adjacent property to the north. He requested the applicant be required to provide screening along the north and west property lines. Mr. Busker stated there are otherjunkyards along U.S.Highway 85 which stack cars to save space,and if that is allowed at this property, he requested the stack heights be limited. He stated he intends to apply for a Planned Unit Development and commercial development on his property. In response to CommissionerJerke,Mr. Busker stated the Platteville Ditch serves several farms in the area,there does not appear to be any availabilityforgetting irrigation water off that ditch, and he will have to augment on his property to meet irrigation requirements. Responding to Commissioner Masden, Mr. Busker stated his property has three accesses from Weld County Road 18;there will be no access from U.S. Highway 85. There being no further comments, Chair Long closed public testimony. In response to Commissioner Vaad, Mr.Gathman stated staff is requesting the applicant completely screen the site from adjacent properties and rights-of-way with opaque fencing. Commissioner Vaad referenced item #10 of the application questionnaire, which indicates there will be no stockpiles and hazardous wastes will be disposed of at the Dacono Hazardous Waste disposal station. Ms. Davis stated the Dacono Hazardous Waste site is for household waste;however,there are some allowances for other wastes for a fee. Mr. Morrison added there is a small business generator program that can done under special arrangements. Responding to Commissioner Masden, Mr.Gathman stated Development Standard #3 limits the applicant to only displaying ten automobiles/motorcycles;however,there are no other restrictions. Mr.Morrison stated the applicant is not prohibited from stacking vehicles in a non-commercial junkyard;however,the Board can place restrictions on stacking through this permit. Commissioner Masden proposed the stacking of vehicles not be allowed at this site. Responding to Commissioner Jerke, Mr. Gathman stated the limit of ten vehicles only relates to resale items;there is no limit on the amount of salvage items that can be stored. Responding to Commissioner Masden, Mr. Gathman stated the amount of storage is not tied to the acreage size. Mr. Morrison stated there is not a general standard for storage density. Mr. Larson stated a non-commercial junkyard is allowed in the Agricultural Zone District;however, this Use by Special Review Permit is required for the commercial use. He stated the applicant is willing to comply with the discussed restrictions,there are no plans to stack vehicles, they plan to salvage cars for resale,and the junkyard is only a side business. He further stated the property is currently zoned Agricultural,and reiterated that the County will have control over the uses allowed on the site through this permit. He stated the Conditions of Approval require screening on the north. Responding to Commissioner Masden, Mr. Larson stated the site is 2.5 acres,and the applicants 2003-3096 PL1692 HEARING CERTIFICATION - ELIZABETH ROSEMAN (USR #1407) PAGE 4 are willing to limit the storage to 100 vehicles. Mr. Morrison stated about half of the parcel is available for the permitted purpose. Mr. Carroll stated in a standard parking lot 100 cars will fit on an acre. Responding to Commissioner Geile, Mr. Morrison stated if a non-commercial site is screened, then there are no particular standards for how the business is operated inside the screening other than nuisance and health standards. However,this is proposed as a commercial junkyard,so there are more standards,and the County currently has oversight to require screening. Responding to Commissioner Vaad, Mr. Larson stated the applicant intends to screen the entire property as required by Condition #1.B. Responding to Chair Long, Mr. Larson stated he and the applicants have reviewed and agree with the Conditions of Approval and Development Standards as proposed and modified. Commissioner Masden proposed limiting the density to a maximum of 75 vehicles, including salvage, sales, etcetera. Commissioner Vaad seconded the motion, and stated this will limit the number of wrecked cars that accumulate to create a salvaged vehicle. Commissioner Masden commented once a vehicle has been cannibalized, it will have to be removed before a new vehicle can be brought on to remain within set limit. In response to Commissioner Jerke, Commissioner Vaad commented the vehicles are required to have a title,and if the site has more than 75 vehicles,then they will be in violation of this permit. Chair Long proposed a restriction on stacking,which is easier to police than counting vehicles. Commissioner Geile expressed concern with a commercial junkyard along the U.S. Highway 85 Corridor, which he feels is contrary to the spirit of what is planned for the region around Fort Lupton. Mr. Gathman stated this site is north of the Fort Lupton IGA, and Commissioner Vaad commented the Fort Lupton Planning Commission acknowledged the site not in its IGA. Upon a call for the vote,the motion failed with Commissioners Geile, Jerke and Long opposed. Commissioner Geile commented the site evolved into a commercial junkyard after it was purchased by the applicant,and it has resulted in a violation which prompted this application. He stated the site is not in the Fort Lupton Urban Growth Boundary; however, U.S. Highway 85 has been discussed as the main entry into Colorado,and he feels that designation needs to be respected and addressed accordingly. He stated he does not feel this application is in compliance because it is not compatible with the existing or future uses of the area, nor is it compatible with Fort Lupton's plans. He further stated there will be access issues that will be difficult to enforce by the property owner, so he does not support this application. Commissioner Masden concurred based on incompatibilitywith the future design plans for the area, and stated he does not support the application. CommissionerJerke concurred because,although the site is zoned agricultural,the parcel is limited by size for salvage, and he feels it is more appropriate for this type of urban use to be in a municipality. He stated there are more appropriate uses for this site, it has poor access and haul route issues which pose safety hazards along U.S. Highway 85. Commissioner Vaad concurred with the previous findings regarding compatibility. He stated the discussed Development Standard regarding limitations on density or stacking did not pass to ensure some mitigation. Therefore, he does not find the application is in compliance with Section 23-2-230.B.7,which requires adequate provisions for the protection of the health,safety, and welfare of the inhabitants of the neighborhood and County. 2003-3096 PL1692 HEARING CERTIFICATION - ELIZABETH ROSEMAN (USR #1407) PAGE 5 Chair Long concurred with all of the previous comments made by the Board. Based on his previous comments, Commissioner Geile moved to deny the request of Elizabeth Roseman for a Site Specific Development Plan and Use by Special Review Permit#1407 fora Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (towing, storage, sales and rental of motorcycles, cars and recreational vehicles; noncommercial junkyard, and auto pawn) in the A (Agricultural) Zone District, based on the recommendation of the Planning Commission. The motion was seconded by Commissioner Masden,and it carried unanimously. There being no further discussion,the hearing was completed at 11:15 a.m. This Certification was approved on the 1st day of December 2003. APPROVED: BO D OF COUNTY COMMISSIONERS /�� WEL OU TY, COLORADO ATTEST: it �'I/�� . 4 \• t ) D 'd E. Long, Chair Weld County Clerk to t„ B rd OP" Q fitv +�r,i Robert D. sden, Pro-Tem BY: Deputy Clerk to the Gamily] . "�N~ M. J. it TAPE #2003-46 Willis H. Jerke DOCKET#2003-83 i� eta 7/12-461 Glenn Vaad 2003-3096 PL1692 EXHIBIT INVENTORY CONTROL SHEET Case USR #1407 - ELIZABETH ROSEMAN Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (01/21/2003) D. Clerk to the Board Notice of Hearing E. Applicant Letter Requesting to Proceed (10/22/2003) F. Planning Staff Photos of sign posted on the site G. Planning Staff Memorandum re: Recommended Conditions of Approval and Development Standards (11/26/2003) H. Applicant Letter from Office of the State Engineer (09/16/2003) and Well Permit #58313 J. K. L. M. N. O. P. Q. R. S. T. U. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 26TH DAY OF NOVEMBER, 2003: DOCKET#2003-78 -GENEVIEVE CLARK DOCKET#2003-83 - ELIZABETH ROSEMAN PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip g O o / S-r i4 oetBw C2D 8.6 a/ �/Y( ga20 /v7- 'f7 (De, 6 .7/ 01) e-O 4g26o1 fA - 9.3012_ to, C JZ, d' 3 ,Sezt l/,,.-2 / C-4 8DD>'i3 7(53 'kW tss— FT kuPr Ai g0 e dG t RtoPAr1d us '7 F53 Mei a'C fir, do 806 a/ Hello