HomeMy WebLinkAbout20011764.tiff HEARING CERTIFICATION
DOCKET NO. 2001-38
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1328
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
(CONSTRUCTION MAINTENANCE SHOP, AND EQUIPMENT, WAREHOUSE, AND
OUTDOOR STORAGE) IN THE A(AGRICULTURAL) ZONE DISTRICT - HCCP, LLC
A public hearing was conducted on June 27, 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 - EXCUSED
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 8, 2001, and duly published June 13, 2001,
in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of
HCCP, LLC, for a Site Specific Development Plan and Use by Special Review Permit#1328 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 (construction maintenance shop, and equipment,
warehouse, and outdoor storage) in the A (Agricultural) Zone District. Lee Morrison, Assistant
County Attorney, made this a matter of record. Chair Geile advised Rodney Rice, applicant
representative,that he has the option of continuing this matter to a date when the full board will be
present. However, if he decides to proceed today, it will require three affirmative votes, or in the
case of a tie vote, Commissioner Long will listen to the record and make the determining vote. Mr.
Rice indicated he would like to proceed today.
Julie Chester, 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.
Chester also gave a brief description of the location of the site and the surrounding uses. She
stated four referral agencies submitted comments or proposed conditions, and five agencies
expressed no concerns. Ms. Chester reviewed the reasons for approval as presented by the
Planning Commission,and in response to Commissioner Vaad,she stated staff received no letters
from the surrounding property owners, and no one attended the Planning Commission hearing.
Responding to Chair Geile, Ms. Chester stated the property was used for agricultural storage in the
past,the applicant will be building a new structure,and they have plans for an outdoor storage area
in the future, which is covered under this permit.
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HEARING CERTIFICATION - HCCP, LLC (USR#1328)
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Don Carroll, Department of Public Works, stated the main access is from State Highway 14, and
the applicant will be required to verify with CDOT that an access permit is in place and whether any
upgrades are ne77cessary. He stated the second access is on Weld County Road 29, which is
local gravel road,and a 1999 traffic count indicates approximately 226 vehicles per day. He further
stated Highway 14 has a traffic count of approximately 3,100 vehicles per day, and he has
discussed the sight distance at the intersection of Weld County Road 29 and Highway 14 with the
applicant. Mr. Carroll stated the applicant still needs to submit a Storm Drainage Plan to ensure
the site contains and releases water at a historical rate so a storm does not result in damage to
adjacent properties.
In response to Commissioner Vaad, Ms. Chester indicated the location of the access onto State
Highway 14, and stated CDOT has jurisdiction over the access permits or any additional
requirements for upgrades. She further stated the applicant has been in the process of clearing
the property of debris since they purchased the site, and both Lots A and B are separate legal lots
which have been vacant since the purchase. Commissioner Vaad commented the State Access
Code indicates that if there is no change in the use, the current access is permitted; however, if
there is reasonable access to a secondary road, a new access to the Highway will not be granted.
He further stated a change in the use could result in closure of the Highway access if a Weld
County Road access is available. Ms. Chester clarified Lots A and B are separate parcels, if the
traffic does not increase, the accesses are usually allowed to remain, and the referral from CDOT
does not indicate that the Highway access needs to be closed. In response to Commissioner
Jerke, Ms. Chester stated a Recorded Exemption was approved on this property in 1999 and both
lots are currently owned by one person. She further stated the Use by Special Review Permit is
on both lots, the permit creates a vested property right, and either of the lots could be sold as a
separate legal parcel. Mr. Morrison added the lots can be sold separately, but the Use by Special
Review limits the use for the new property owner, and the Special Review Permit does not create
lots. Commissioner Jerke commented approval of this permit could result in two separate owners
operating the same types of business unless the permit is amended to vacate the use on a portion
of the property.
Responding to Commissioner Jerke, Mr. Carroll stated staff does encourage locating accesses
further from road intersections, and he referred to his memorandum which requires the applicant
to locate the access onto Weld County Road 29 at least 150 feet from the intersection with
Highway 14. In response to Commissioner Masden, Mr. Carroll reiterated 150 feet from an
intersection is the minimum requirement for commercial uses,and the amount is reduced to 75 feet
if the property has a residential use. He further stated Weld County Road 29 is a dirt road and the
low traffic volume does not necessitate paving the portion of road adjacent to the property. Ms.
Chester clarified Condition of Approval#2.F requires the applicant provide written verification from
CDOT for access permits, and Chair Geile stated Condition of Approval#2.H addresses the sight
distance at the intersection.
Responding to Chair Geile, Pam Smith, Department of Public Health and Environment, stated the
application indicates the site will be serviced by the North Weld County Water District, and there
is a permit for a residential septic permit located on six acres. Ms. Smith stated the system will
need to be evaluated by an engineer to ensure it is adequate for the addition of employees.
Responding to Commissioner Jerke, Ms. Smith stated the application indicates the existing 6,000
square foot metal shed is connected to the residence septic system, and the engineer will be able
to determine if the system is suitable or requires upgrades.
2001-1764
PL1526
HEARING CERTIFICATION - HCCP, LLC (USR#1328)
PAGE 3
Mr. Rice represented the applicant and stated the property was previously owned by the
neighboring feedlot to do maintenance on 18-wheelers. He stated the new use will have a lower
impact at the existing access to State Highway 14, and they intend to phase in the storage portion
of the property as development occurs near the Town of Ault. He stated they will ensure the septic
system is adequate, and if the outdoor storage area is used they will pay the appropriate property
taxes. In response to Commissioner Jerke, Mr. Rice stated the RV storage area will be surfaced
with gravel,and the drainage is currently being reviewed by an engineering firm and will be finalized
with the Department of Public Works. Responding to Chair Geile, Mr. Rice stated he and his father
are the owners/partners of HCCP, LLC, and president and vice president of Hydro Construction
which will operate on the site.
No public testimony was offered concerning this matter. Responding to Chair Geile, Mr. Rice
stated he has reviewed and agrees with the Conditions of Approval and Development Standards.
Commissioner Vaad moved to approve the request of HCCP, LLC,for a Site Specific Development
Plan and Use by Special Review Permit #1328 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
(construction maintenance shop, and equipment, warehouse, and outdoor storage) in the
A(Agricultural)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. The motion was seconded by Commissioner Jerke, and it carried unanimously.
This Certification was approved on the 2nd day of July 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ElsATTEST: ��a'> / I ;r . ` EXCUSED DATE OF APPROVAL
77 M. J. Geile, Chair
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Weld County Clerk to th_ } )
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AGlenn Vaad, Pro-TertS
BY:
Deputy Clerk to the Boar
William H. Jerke
TAPE #2001-28 EXCUSED
David E. Long
DOCKET#2001-38 EXCUSED DAT OF APPROVAL
Robert D. Masden
2001-1764
PL1526
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1328 - HCCP, LLC
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 05/15/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
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