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HomeMy WebLinkAbout951333.tiffHEARING CERTIFICATION DOCKET NO. 95-43 RE: ADEVELOPMENT GRICULTURALAND SUGAR B ET RECEIVINGREVIEW SITE SPECIFIC STATION PERMIT #1082 FOR SEKICH EQUIPMENT COMPANY A public hearing was conducted on June 21, 1995, at 10:00 a.m., with the following present: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro -Tern Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Shani Eastin The following business was transacted: I hereby certify that pursuant to a notice dated May 24, 1995, and duly published June 8, 1995, in the Windsor Beacon, a public hearing was conducted to consider the request of Sekich Equipment Company for a Site Specific Development Plan and Special Review Permit #1082 for an agricultural and sugar beet receiving station. Lee Morrison, Assistant County Attorney, made this a matter of record. Shani Eastin, Planning Department representative, presented a brief summary of the proposal, noting Grandview Estates was annexed into the Town of Mead and a referral letter was received from Mead. She stated the Colorado Department of Transportation's (CDOT) recommendation was the result of a request from a surrounding property owner. Ms. Eastin stated there were numerous valid concerns and complaints which should be considered; however, staff recommends approval with Conditions of Approval and Development Standards. She also entered the favorable recommendation of the Planning Commission into the record as written. Ms. Eastin responded to questions from the Board. Ken Lind, Attorney, represented the applicant and Western Sugar Company and confirmed the Town of Mead had no objections to this proposal. He clarified the applicant withdrew the request to annex this site into Mead, and it was never reviewed by the Town of Mead. In reference to the letters of opposition, Mr. Lind stated the proposal is agricultural and is in an agriculturally zoned area. He then called upon Dan Will and Stan Sig, Grandview Estates residents, who spoke in favor of the proposal. Tom Dunn, President of Caldwell Bank, also spoke in favor of the Permit and stated approval would not affect the value of the homes in the area. Mr. Lind submitted and reviewed documents in support of the proposal, Exhibit G; a map of Grandview Estates #1 and #2, including the existing beet receiving station, Exhibit H; and a map detailing the proposed site, Exhibit I. Mr. Lind discussed the noise issue, which is monitored by a compliance officer from Western Sugar according to safety and OSHA standards. He confirmed the applicant will comply with all Conditions of Approval and Development Standards. Paul Schlagel, President of the Beet Association, stated the benefits of this proposal outweigh the negative impacts and noted none of the beet trucks have been involved in traffic accidents. Craig Anderson, State Beet Association, reiterated the necessity and importance of this facility to the County, community, and the State. John Lebsack, President of the Colorado Beet Growers Association, commented on the consolidation of this station with the Buda station. Mr. Lind reviewed the letter from CDOT and reiterated not one accident involved beet trucks. He then submitted maps identifying the locations of the growers and the Buda and Sekich stations, Exhibit J, and the number of loads hauled and rehauled in the area for 1994 and anticipated for 1995, Exhibit K. Mr. Lind noted the increase in traffic will be less than 20 percent; therefore, the applicant is not required to improve the intersection at Weld County Road 13 and State Highway 66 pursuant to the letter from CDOT. Sue Ennis, agriculturist with Western Sugar, and Kent Wimmer, Agricultural Manager with Western Sugar, answered questions from the Board concerning the number of loads, the impact of closing the Buda station, and the reasons for choosing the proposed location. Mr. Lind reiterated the need for the sugar beet station in the area to support the industry and the strategic planning involved in this proposal. He answered further questions from the Board concerning access, easements, drainage, and traffic. 951333 PL0998 RE: HEARING CERTIFICATION - SEKICH EQUIPMENT COMPANY PAGE 2 Let the record reflect a recess was taken at this time. Upon reconvening, Don Carroll, Public Works Department, commented on traffic counts on Road 13, which were 700 to 800 vehicles per day, and projected for 800 to 900 vehicles perday after the new station is opened, noting the operation is only seasonal. Mr. Carroll reviewed possibilities of road and drainage improvements in the area, and, concerning the agreement for culverts, he recommended the access be moved 200 feet south of Weld County Road 32. He also commented on accesses and ditch roads and suggested a tracking pad be installed to avoid maintenance problems on Weld County Road 13. Mr. Carroll stated the traffic volume does not warrant accel/decel lanes since the operation is not year-round. Ms. Eastin referenced Development Standard #10, which does not allow staging or parking on Road 13. Barbara Boos, Steve Hart, Arvid Fiechtner, Harvey Fiechtner, and Barbara Fiechtner, all surrounding property owners, voiced concern and opposition to said proposal. Mr. Hart submitted three maps, Exhibit L; a list of opposing Grandview Estates homeowners, Exhibit M; a newspaper article and letters from the Town of Mead, Exhibit N; and letters of opposition from Ron and Ann Heck, Murielle and Hans Kissner, Wilbert and Julia Hart and Stephen Hart, and Wendell Fountain, Exhibits O, P, Q, and R, respectively. Arvid and Barbara Fiechtner also submitted "Comments" with attachments, Exhibit S, and two pictures, Exhibit T, for the record. Mr. Will confirmed the Second Filing of Grandview Estates includes a complete circle turn -around area for the school buses. Ms. Fiechtner made further comments and answered questions from the Board. Donna Sekich, -one of the developers of the subdivision, confirmed the school district was contacted and there are not enough kids to warrant entrance into Grandview Estates #1 or #2. She stated the beet truck drivers are very careful; however, the intersection of Road 13 and Highway 66 needs to be addressed. Commissioner Kirkmeyer noted the area is mainly agricultural; however, Sekiches are the developers of the subdivision. Mr. Lind clarified there is no Grandview Estates #3, and #1 and #2 are one subdivision. He noted there are still 65 growers and5000acres; therefore, there will not be an increase. The existing station has been there for nine years with the same operation. Mr. Lind -confirmed the exit will be relocated from 75 feet to 200 feet from Road 32. He also stated Western Sugar will provide a tracking pad from the scale to the facility exit and agreed to an additional Development Standard requiring such as approved by the Public Works Department. Mr. Lind stated the traffic on Road 32 should not change since all new traffic will be from the north, reiterating accel/decel lanes are not needed as indicated by CDOT and/or Public Works. Mr. Lind noted the traffic is created by the entire area, not just the site, and commented on the hours of operation, school bussing, dust control, road maintenance, ditch liability, installation of culverts, and the willingness to cooperate with surrounding property owners. Mr. Lind answered further questions from the Board, and Ms. Eastin read language for the addition of ConditionofApproval #7d, requiring review and approval of a tracking pad plan by the Public Works Department; Condition of Approval #8, requiring the applicant to abandon the access located on the furthest point south of the Special Review area; and Development Standard #18, requiring the tracking pad plan be maintained in compliance with the recommendation of the Public Works Department. After further discussion, Commissioner Kirkmeyer moved to approve the request of Sekich Equipment Company for a Site Specific Development Plan and Special Review Permit #1082 for an agricultural and sugar beet receiving station, 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, including the addition of Conditions of Approval #7d and #8 and Development Standard #18. The motion was seconded by Commissioner Webster, and Commissioner Baxter encouraged the applicant to work with the school district to get the buses off the road. He noted the applicant has a vested interest as a developer and business in the area and, therefore, should be involved in improving the intersection at Highway 66 and Road 13. Commissioner Kirkmeyer agreed with said comments and noted Mead did not annex said area for a reason; however, it is a problem for Weld County, the Town of Mead, and the State. The motion then carried unanimously. 951333 PL0998 RE: HEARING CERTIFICATION - SEKICH EQUIPMENT COMPANY PAGE 3 This Certification was approved on the 26th day of June, 1995. APPROVED: BOARD OF COUNTY COMMISSIONERS COUNTY, CQLOIj,DO Deputy Clerk the Board TAPE #95-20 and #95-21 DOCKET #95-43 PL0998 Barbara,J. Kirkmeyer, Pro-Tem -"Geoorr Y s e .Baxter W. H. Webster 951333 PL0998 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF JUNE, 1995: DOCKET #95-35 - DOCKET #95-40 - DOCKET #95-41 - DOCKET #95-42 - DOCKET #95-43 - S #378 for McStain Enterprises; Inc. Amended USR-#881 for Lakeview Village, Inc., c/o Doris Pavlick USR #1081 for Melvin and Janice Callen USR #1080 for Clifford Morgan and Patricia Mahoney USR #1082 for Sekich Equipment Company 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. ATTENDING NAME AND ADDRESS (Please include City and Zip Code) HEARING S _ yW'?L 3 Q -ad 4 7 ti,,uL 1-146.ko,„62-6{),,avl- tk 'FfriC C. 3''S/ 15‘.-)Uo--Agyre..✓Y:z 1 vr-sosa3 'mss'33- s rial- // /�i. J�7C c/!r/�PI✓(Z/7 //// 6-1-The (RevmbvL^ 25 4 i ( 0962 5e 7 $ 95-- 3.c "ys /lrR/ Coq %1f? lvl= f r l'i / fFDt 7) D. M, oi?Lvnw 44 951-4 2 1;//,A.a., Co c43 - /2/Vt icN /O-'irO zaxnne ed. Loki c Owr 8aS6`/ Li .el; ich. 1.v I(pq wee_s,1,oi-vd7°ft so `l 9 y� 4'4 /9 S xjr ii ‘241o, //may 6)6 L r f2PL/>,D ?o shy Jim (je a n.vtL /00 » 6',),.v7 / 1,H. 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