HomeMy WebLinkAbout20011697.tiff HEARING CERTIFICATION
DOCKET NO. 2001-48
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1311
FOR A SALVAGE YARD (AUTO SALVAGE, USED TRUCK SALES, AND GENERAL
TRUCK REPAIR) IN BOTH THE 1-3 (INDUSTRIAL) AND A (AGRICULTURAL) ZONE
DISTRICTS -JOHN E. AND M. ELEANOR HOCHMILLER, C/O JOHN M. HOCHMILLER
A public hearing was conducted on July 18, 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, Shed Lockman
Health Department representative, Charlotte Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 28, 2001, and duly published July 4, 2001, in
the Tri-Town Farmer and Miner,a public hearing was conducted to consider the request of John E.
and M. Eleanor Hochmiller, Sr., Go John M. Hochmiller, Jr., for a Site Specific Development Plan
and Use by Special Review Permit#1311 fora Salvage Yard (auto salvage, used truck sales, and
general truck repair)in both the 1-3 (Industrial) in the A(Agricultural)Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Sheri Lockman, 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. Ms. Lockman gave a brief description of
the location of the site and surrounding uses. She stated six referral agencies responded favorably
or proposed conditions, one agency did not respond, and although she has received no
correspondence from surrounding property owners, she has had several anonymous calls
regarding the proposed Conditions of Approval. Ms. Lockman stated the site is not in compliance
with the Conditions set forth by Use by Special Review Permit#311,which was approved in 1976.
She further stated the Planning Commission recommends approval of this permit; however, she
noted that the Planning Commission did remove all requirements concerning the screening of
parking, and amended the setback requirement in Condition of Approval#2.G to be"moved back
slightly from the road." Ms. Lockman requested the Board clarify a specific distance to replace the
word "slightly" due to differences in opinion between the applicant and staff. Ms. Lockman
displayed photos of site, marked Exhibit E,and in response to Commissioner Jerke,she stated the
setback required under the original permit was 500 feet; however, that distance can be negotiated
with the applicant. In response to Commissioner Masden, Ms. Lockman stated there is a Violation
on this site pending the outcome of this hearing, and she added if this request is denied, the
property owner will have to come into compliance with the old permit. Responding to Chair Geile,
Ms. Lockman stated the Conditions of Approval require the applicant to remove certain items that
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HEARING CERTIFICATION -JOHN E. AND M. ELEANOR HOCHMILLER, C/O JOHN M.
HOCHMILLER (USR#1311)
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do not comply with the salvage yard criteria. She further stated if approved, the applicant will be
allowed to construct seven additional structures, which are proposed to be completed by 2015.
Responding further to Chair Geile, Charlotte Davis,Weld County Department of Public Health and
Environment, stated the Environmental Protection Agency (EPA) requires any shop with a floor
drain to empty into a vault, which is separate from the septic system. She stated the operation
currently has a dry shop which is approved with the EPA; however, the Weld County Department
of Building Inspection has requested the applicant be required to install a floor drain which meets
EPA standards as indicated in Condition of Approval #2.B. Don Carroll, Department of Public
Works, stated Weld County Road 28 is a collector status road which requires 80 feet of right-of-
way, and there is currently 60 feet. He stated the applicant will be required to designate an
additional ten feet as right-of-way adjacent to their property. He further stated the parking
approach from Weld County Road 20 is paved to the office, there is a concrete slab for visitor
parking which allows for eight vehicles, and the employees park in the back. He stated the
unpaved trails throughout the site need to be surfaced with gravel to provide all-weather access
as indicated in Development Standard#14. Chair Geile stated the Development Standards need
to be corrected beginning with#15 due to a number error.
John M. Hochmiller, represented the applicants and stated all of the internal roads have been
driven on for 15 years,they are very compacted, the region gets very little precipitation throughout
the year,and he would like Development#14 deleted. Mr. Hochmiller stated he has not measured
the current distance from Weld County Road 28, and he is not certain why the existing salvage
items need to be moved further back. He further stated there is some landscaping around his
parents home, and they have been working with the Health Department regarding the Class V
Injection Well.
In response to Chair Geile, Don Carroll, Department of Public Works, stated Development
Standard #14 is necessary to ensure the internal roads provide all-weather access, and added
there are other operations for surfacing to help keep compaction during poor weather conditions.
Responding to Commissioner Jerke, Mr. Hochmiller stated there are approximately 24 roads
running east and west, and 30 heading north and south. He explained there are a few areas that
get muddy if it rains and he is willing to correct those spots as necessary. Commissioner Jerke
stated he does not feel Development Standard#14 is necessary because the applicant is the only
one effected if he or the customers cannot access certain portions of the property. In response to
Commissioner Masden, Mr. Hochmiller stated the roads are not used by the public, and the roads
are adequate for emergency services in case of a fire. Commissioner Masden indicated no
concern with deleting the Development Standard #14. In response to Chair Geile, Ms. Lockman
indicated the location of the original setback area, and stated Condition of Approval #2.G needs
to be clarified with a specific setback distance. In response to Commissioner Jerke, Mr. Hochmiller
stated he agrees to reserve the ten feet for future right-of-way, and added that will allow him to still
use the area with the understanding that he will have to remove any of the salvage in the event the
road is widened. Commissioner Vaad commented the reservation provides that the County will
pay for the right-of-way if the road is widened. Commissioner Jerke suggested Condition of
Approval#2.G be amended to require a 50-foot setback from the centerline of Weld County Road
28. Commissioners Vaad, Masden,and Long indicated agreement. In response to Commissioner
Masden, Mr. Hochmiller stated his fence is on the property line.
JerryJameson,surrounding property owner and operator of Tire Mountain,stated the applicant has
indicated he would like to build a structure which would allow them to work on trucks during
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poor weather and he would like to use their repair services. There being no further comments,
Chair Geile closed public testimony.
Commissioner Vaad moved to modify Condition of Approval#2.G to state, "All salvage materials,
including used truck trailers, shall be located 50 feet from the center line of road to provide some
level of open space to the lot." Seconded by Commissioner Masden, the motion carried
unanimously.
Commissioner Jerke moved to delete Development Standard #14 and renumber as necessary.
Commissioner Masden seconded the motion, which carried unanimously.
In response to Commissioner Vaad, Ms. Davis concurred "if applicable" should be added to
Condition of Approval#2.B regarding the Class V Injection Well from the EPA. She also requested
Development Standard#8 be amended to state, "Adequate hand washing and toilet facilities shall
be provided for the public."
Commissioner Vaad moved to approve the request of John E.and M. Eleanor Hochmiller,Go John
M. Hochmiller,for a Site Specific Development Plan and Use by Special Review Permit#1311 for
a Salvage Yard(auto salvage,used truck sales,and general truck repair)in both the 1-3(Industrial)
and A (Agricultural)Zone Districts, 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 amendment to Condition of Approval #2.B to add "If
applicable,"to the beginning of the first sentence,and to amend Development Standard#8 to state,
"Adequate hand washing and toilet facilities shall be provided for the public." The motion was
seconded by Commissioner Jerke, and it carried unanimously.
This Certification was approved on the 23rd day of July 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: ate, A/ _ a
M. J. eile, C it
Weld County Clerk t-,li@ "s
/ 4 'I Glenn Va - m
BY:
Deputy Clerk to the
Willier e
TAPE #2001-30 c\,
vj
David E. Long
DOCKET#2001-48 EXCUSED DATE WPPR VALE
Robert D. Masden
2001-1697
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