HomeMy WebLinkAbout20011515.tiff HEARING CERTIFICATION
DOCKET NO. 2001-33
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1323
FORA BUSINESS(COMMERCIAL JUNK OR SALVAGE YARD)IN THE 1-3(INDUSTRIAL)
ZONE DISTRICT -JOHN HOCHMILLER, C/O BONNIE ROGERS
A public hearing was conducted on June 6, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Robert Anderson
Planning Department representative, Bethany Salzman
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 18, 2001, and duly published May 23, 2001,
in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of John
Hochmiller, do Bonnie Rogers, for a Site Specific Development Plan and Use by Special Review
Permit#1323 for a Business (commercial junk or salvage yard) in the 1-3 (Industrial)Zone District.
Lee Morrison, Assistant County Attorney, made this a matter of record. Robert Anderson,
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. Anderson
gave a brief description of the location of the site and surrounding land uses. He stated five referral
agencies responded favorably,four had no conflict, and one did not respond. Mr.Anderson stated
this application was submitted to help resolve a violation case which was initiated as a result of
various complaints. He stated the applicants' compliance with the Conditions of Approval and
Development Standards should bring the site into compliance and close the violation. Mr.
Anderson displayed photographs from the zoning violation case, marked Exhibit I, and stated the
Department of Planning Services has concerns regarding future conflicts between the proposal and
the nearby Beebe Draw Pelican Lakes Subdivision. Mr. Anderson displayed the language deleted
by the Planning Commission from the Conditions of Approval regarding the landscaping and
screening requirements, marked Exhibit I, and stated staff would prefer the applicant be required
to provide landscaping and screening. He stated the surrounding uses are required to have
landscaping and/or screening and as forwarded by the Planning Commission, the site is not
required to have landscaping or screening. Mr. Anderson showed a brief video of the site for the
Board, marked Exhibit J.
In response to Commissioner Vaad, Mr. Anderson stated this permit is for a commercial junkyard;
however, the items which need to be removed are not considered salvageable, and are potential
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environmental concerns. He further stated the topography of the site makes it difficult to screen
from the surrounding area; however, a four to five foot berm, with a five-foot fence would
adequately screen the site from the right-of-way. Mr.Anderson stated Tire Mountain does not have
a berming requirement, and the idea for deletion of the screening and landscaping requirements
was initiated by the Planning Commission and agreed upon by the applicant. In response to Chair
Geile, Mr. Anderson stated the application indicated the applicant would plant evergreens along
Weld County Road 41; however, the applicant and operator are two separate parties. Bonnie
Rogers, facility operator, has a commercial business, and landowners requested the landscaping
requirement be removed. Mr. Anderson stated the site is currently zoned 1-3 (Industrial), which
does not allow a commercial junkyard as a use by right, so they must obtain a Use by Special
Review Permit. Responding further to Chair Geile, Mr.Anderson stated Condition of Approval#2.F
was not deleted because the trash is different from the salvage items and needs to be screened.
In response to Chair Geile, Trevor Jiricek, Weld County Department of Public Health and
Environment, stated Condition of Approval #2.H is necessary because under EPA rules, a septic
system is considered a Class V well, and only domestic waste is allowed to be discharged through
a floor drain system into a septic system. He further stated 250 gallon limit specified in
Development Standard#9 is a random number and the applicant would like to propose a different
amount. Mr. Jiricek stated Tire Mountain was originally permitted with a fence; however,the permit
was later amended to allow a tire fence. In response to Chair Geile, Mr. Anderson stated the
applicant intends to build four pole barns and five metal sheds. Don Carroll, Department of Public
Works, stated Weld County Road 41 is designated as a collector status road, which requires 80
feet of right-of-way at full build out. He stated the roadway is maintained by Weld County, with a
traffic county of 786 vehicles in a 24-hour period. Mr. Carroll explained the site has one main
access, and the secondary access has been blocked by vehicles. In response to Commissioner
Vaad, Mr. Carroll stated he is requesting the applicant reserve an additional 10 feet adjacent to
their property for future right-of-way.
John Hochmiller, Jr., represented the property owner, and stated he is in favor of this application
because the auto recycling industry is necessary for disposal of inoperable autos. He stated the
facility only recycles motor vehicles and reuses the auto parts, which helps preserve natural
resources, and reduces landfill bulk. Mr. Hochmiller, Jr., reviewed the purpose, operations, and
statistics of an automotive recycling facility for the record. In response to Commissioner Vaad, Mr.
Hochmiller estimated the facility received approximately 80 vehicles per month,for a total of 1,000
vehicles per year. He further stated they drain all fluids for disposal, and the amount indicated in
Development Standard#9 needs to be increased because the waste hauler will haul the materials
for free if there is more than 750 gallons. Mr. Jiricek stated he is not opposed to striking the first
sentence of Development Standard #9 because the remaining language will still adequately
addresses the issue. Mr. Hochmiller, Jr., added if the liquids are properly stored, the amount
should not matter. In response to Commissioner Vaad, Mr. Hochmiller stated a five-foot berm with
a ten-foot fence will not be adequate because the site is located on a hill, it would pose a huge
financial burden on the applicant, and there is not enough water to provide landscaping. Chair
Geile reviewed the application indicating they would store no more than 250 gallons of waste per
month, and that screening and landscaping would be done. Mr. Hochmiller stated his father
operates the adjacent operation called Active Truck Parts, and he owns this property, which is
leased to Bonnie Rogers. He stated he represents Active Truck Parts,which is applying for a Use
by Special Review Permit, which is still under review, and he just wanted to express his favorable
opinion regarding this application. (Switched to Tape #2001-25)
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Floyd Samuel represented Bonnie Rogers who leases the property. Chair Geile stated the lease
should protect the property owner from a violation caused by the leasee if they should vacate the
property. Mr. Samuel stated John Hochmiller,Jr., has been working with Ms. Rogers regarding the
lease terms. He stated there is an old dump with 30-year-old materials which need to be removed.
He stated the application indicates the facility will not exceed 250 gallons per month of storage;
however, that was a mistake because Ms. Rogers was not aware of the 750-gallon minimum for
free pickup. He further stated the Planning Commission indicated the berm will not likely be
effective; however, Ms. Rogers is going to plant 15 trees, and put in a chain link fence. He stated
there is no efficient way to screen the property due to the topography; however,the chain link fence
will help keep people out. Commissioner Vaad commented he would like to have a condition
requiring the chain link fence, and he is aware that landscaping is not feasible due to lack of water.
Mr. Samuel stated the screening in a chain link is not feasible because the slats are easily
damaged by high winds and blowing sand.
John Hochmiller, Sr., property owner, stated in 1968, the County zoned 320 acres of this area to
be used for salvage yard purposes. He stated the rezoning required a five-foot berm, which was
built and destroyed by the wind. He stated in 1978, the County rezoned the area and converted
it back to Agriculture creating a nonconforming use. Mr. Hochmiller, Sr., stated they disputed the
rezoning, and the Board agreed to zone the site as 1-3 (Industrial) and removed the requirement
of a berm due to the high winds in the area. In response to Chair Geile, Mr. Hochmiller, Sr., stated
he still needs to get a lease drawn up with a bond provision to protect him for any clean up that is
necessary if the property is vacated, and then he will present it to Ms. Rogers for signing.
Responding further to Chair Geile,Mr. Morrison stated the property owner can have a lease for less
than the term of a year under the Statute of Frauds, without it being in writing. He stated staff
needs to require signatures of the owner and lessee on the plat. Mr. Hochmiller, Sr., stated Ms.
Rogers has been on the site for less than a year, and he will have a lease with them soon.
Jerry Jamison, Tire Mountain owner, stated this is a very dry area and berms do not work due to
high winds. He stated the area is located eight miles from any town, they have received no
opposition from the existing residents in the area regarding the need for screening, and he
reiterated that berms will not work in this area due to the high winds, and there is not enough water
for landscaping.
Roger Soltice, property owner to the north,stated he operated Hudson Salvage. Mr. Soltice stated
his and Mr. Jamison's properties were the only two included in the 1-3 rezoning with a
junkyard/salvage designation. There being no further comments, Chair Geile closed public
testimony.
Bethany Salzman,Zoning Compliance Officer,stated she has been receiving complaints regarding
the need for screening, and she had previously indicated there would be screening. However,that
language has now been deleted,and she wanted to voice the neighbors opinion since the situation
has changed.
Commissioner Vaad commented the applicant intends to put in a chain link fence; however, he
would like to add the requirement as a Condition of Approval. Mr. Samuel stated the fence will be
located along the road frontage, with exception to the driveway and an oil/gas facility access. In
response to Chair Geile, Mr. Samuel stated he and the applicant have reviewed and agree with the
Conditions of Approval and Development Standards.
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HEARING CERTIFICATION - JOHN HOCHMILLER, CIO BONNIE ROGERS (USR#1323)
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Commissioner Vaad moved to approve the request of John Hochmiller, do Bonnie Rogers, for a
Site Specific Development Plan and Use by Special Review Permit #1323 for a Business
(commercial junk or salvage yard) in the 1-3 (Industrial) 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 the
addition of Condition #2.M.3 to state, "A six-foot chain link fence shall be shown to be installed
along the property frontage adjacent to Weld County Road 41 excepting the areas of access to the
facility and to the oil and gas well,with the exception to the main facility access and the oil and gas
access well points," and to delete the first sentence of Development Standard#9. The motion was
seconded by Commissioner Masden, and it carried unanimously.
This Certification was approved on the 11th day of June 2001.
APPROVED:
BOARD OF OUNTY COMMISSIONERS
f ,�+` WELD C TY, COLORADO
ATTEST: 1' _�,o'l i�'i''l' La`s ot'i
is M. J. Geile, Chair
Weld County Clerk tot " e, " :,
fla9�� EXCUSED DATE OF APPROVAL
i �. .• a Glenn Vaad, Pro-Tem
BY:
Deputy Clerk to the Bob. � �L / 7� • ��+ ti�
Wi a . Jerke
TAPE #2001-24 and #2001-25 E
David E. Long
DOCKET#2001-33
Robert D. Ma de
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1323 -JOHN HOCHMILLER
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 04/17/2001)
D. Clerk to the Board Notice of Hearing
E. Cannon Land Company Letter of Opposition (06/04/2001)
F. Trent and Melissa Johnson E-Mail of Opposition (06/05/2001)
G. Planning Staff Photo of sign posted on site
H. Troy and Jill Bailey E-Mail of Opposition (06/05/2001)
Planning Staff Various overhead copies and photos of the
site
J. Planning Staff Video of Property
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF JUNE, 2001:
DOCKET#2001-33 - JOHN HOCHMILLER
DOCKET#2001-34 - SPARBOE HORIZON CORPORATION
DOCKET#2001-35 - SPARBOE HORIZON CORPORATION
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
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