HomeMy WebLinkAbout961745.tiff HEARING CERTIFICATION
DOCKET NO. 96-47
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1122 FOR AN
AGRICULTURAL SERVICE ESTABLISHMENT (AUCTION FACILITY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ROLLAND T. JONES AND MABLE PITTMAN
A public hearing was conducted on September 25, 1996, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tern
Commissioner Dale K. Hall
Commissioner Constance L. Harbert - EXCUSED
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Gloria Dunn
The following business was transacted:
I hereby certify that pursuant to a notice dated September 4, 1996, and duly published
September 12, 1996, in the North Weld Herald, a public hearing was conducted to consider the
request of Rolland T. Jones and Mable Pittman for a Site Specific Development Plan and Special
Review Permit for an agricultural service establishment (auction facility) in the A (Agricultural) Zone
District. Lee Morrison, Assistant County Attorney, made this a matter of record. Gloria Dunn,
Planning Department representative, presented a summary of the proposal and entered the
unfavorable recommendation of the Planning Commission into the record as written. Ms. Dunn
extensively reviewed the reasons for recommending denial and answered questions from the
Board. Rolland Jones, applicant, stated he is an auctioneer and submitted for the record the letters
of support from the following people as Exhibits E through H, respectively: Dennis R. Clemenson,
Jon and Rose Guilbert, Richard D. Hilfiken, and Mr. and Mrs. Arnold Miller. Mr. Jones stated the
reason this request is being opposed and recommended for denial is due to a personal problem
between he and George Kennedy, past County Commissioner. He further stated most auctions
do not require a permit and only a few people in the area are opposed and have concerns. Mr.
Jones stated he has 22 signed statements from people in the immediate area and 12 more from
people within 500 feet of the site. He stated this facility will not contribute to the existing problems
of noise, dust, etc., and he can water the road if necessary. Mr. Jones stated the Planning
Department's suggested restrictions, which include a six-foot fence, grading the roads, installing
a sewer system, and limiting traffic, are unfair, and he does not fully understand the intent of the
restrictions. He also stated Keith Schuett, Planning Department, should not have handled his case.
Chair Kirkmeyer clarified Mr. Schuett is no longer employed with Weld County; therefore, that
961745
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RE: HEARING CERTIFICATION - JONES AND PITTMAN (USR #1122)
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testimony is not relevant to this case. Mr. Jones reiterated the conflict and restrictions are not
appropriate; the fence will hide his sale items; the portable toilets are not a problem, and a septic
system should not be required; he has his own catering service which is clean and satisfactory; and
dust will be a problem in the subdivision regardless. He requested approval of this Permit and
stated he will work in harmony with the community and agreed to reduce the number of sales to
two per year. Mr. Jones answered numerous questions from the Board concerning the type of
items auctioned and stated he will not grade the roads but will water them if necessary. He
reiterated the problem is not the auction, it is the personal conflict. Mr. Morrison clarified for Mr.
Jones that he has the opportunity to convince the Board the use fits within the County's ordinances;
however, personal vendettas are not part of the criteria. Vicki Kennedy, surrounding property
owner, submitted a letter of opposition for the record as Exhibit I. She stated the area cannot
reasonably handle an auction facility and the roads cannot sustain the traffic; therefore, she
respectfully requests this Permit be denied. Responding to questions from the Board, Ms. Kennedy
stated all lots are agricultural/residential and most are 2.5 to 5 acres in size. She confirmed the
only other Special Use Permit in the area is for a horse riding facility off 192nd Avenue. Barbara
Perkinson, surrounding property owner, and member of CFOG (South Weld County Citizens For
Orderly Growth) also voiced concerns about dust, traffic, and the condition of the roads. She
agreed the facility is not appropriate in a rural/residential neighborhood. Bill Delap, surrounding
property owner, reiterated the roads cannot handle traffic generated by this type of facility and it
is inappropriate for the area. He noted a petition with 52 signatures opposing this facility was
previously entered into the record and reminded the Board that the Planning Commission
unanimously denied this request. George Kennedy, surrounding property owner, stated he lives
300 feet from the site and has people parking on his son's alfalfa fields. He stated he is a business
man in a commercial area and voiced concerns regarding noise and disturbances which cause
problems in a residential area. Responding to questions from the Board, Mr. Kennedy stated he
has lived there for 30 years and estimated 61 houses exist in the three filings. He reiterated this
facility is a totally incompatible use in the area. Dennis Clemenson, surrounding property owner,
spoke in support of this proposal and stated the roads are gravel and have never been in good
shape. He stated he will help Mr. Jones with the dust problem; however, a fence would not be cost
effective and would block views. Don Carroll, Public Works Department, submitted a parking
sketch, Exhibit J, for the record and stated the applicant must provide adequate dust control and
the roads must be graded prior to each auction. He stated the maximum number of parking spaces
available would be 250 and no additional parking would be allowed on the Weld County rights-of-
way or in barrow pits so as not to interfere with two-way traffic and/or emergency vehicles.
Responding to questions from the Board, Mr. Carroll confirmed he is not familiar with any other
similar type facilities within subdivisions, and Ms. Dunn confirmed such Permits are not allowed in
Residential Zone Districts. Mr. Jones stated the parking facility and dust would not be a problem
and stated traffic would be concentrated for only a few hours on the days of the auctions. He
stated he is providing a service to the community and has support from the 12 residences most
affected. Mr. Jones responded to additional questions from the Board, and Commissioner Baxter
clarified the Conditions of Approval suggested by the Planning staff are to mitigate problems. Mr.
Jones reiterated the fence will hinder his business and the grading of the roads will cause a liability.
961745
PL1045
RE: HEARING CERTIFICATION - JONES AND PITTMAN (USR#1122)
PAGE 3
Mr. Carroll clarified Mr. Jones is to notice the Public Works Department 72 hours prior to an auction
and Weld County will grade and bill the applicant. Mr. Jones reiterated an auction business must
have advertising and a septic system is not necessary since it will be held outside. Commissioner
Hall stated, irrespective of personal conflicts and considering his obligation to the public, this use
is too intense for a residential/rural area within a subdivision and should be in an area where good
parking and adequate ingress/egress are available; therefore, he moved to deny the request of
Rolland T. Jones and Mable Pittman for a Site Specific Development Plan and Special Review
Permit for an agricultural service establishment (auction facility) in the A (Agricultural) Zone District,
based on the recommendations of the Planning staff and the Planning Commission, including the
reasons entered into the record. The motion was seconded by Commissioner Baxter, who agreed
the use is very intense in this type of area and needs a different location. The motion then carried
unanimously.
This Certification was approved on the 30th day of September, 1996.
- - APPROVED:
ATT�1 t,�4 BOARD OF COUNTY COMMISSIONERS
4 r�,IA' WED COUNTY, COLOR DO
101 O-1d rk Board f4. , /
Barbar J. Kirkmeyer, it U
BY: �.'r ;�T g?�is ✓- _�
Dark y~' the Board
eorge-E. Baxter, Pr Te
TAPE #96-26
Dale K. all
DOCKET#96-47
FxrliSFr)
Constance L. Harbert
PL1045 ��
W. H. ebster
961745
PL1045
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF SEPTEMBER, 1996:
DOCKET#96-38 - S #403 for MEADOW VALE FARMS, INC.
DOCKET#96-46 - COZ#500 for LITTLE THOMPSON VALLEY ESTATES, C/O MCCARTY
DOCKET#96-47 - USR#1122 for ROLLAND JONES AND MABLE PITTMAN
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.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF SEPTEMBER, 1996:
DOCKET#96-38 - S #403 for MEADOW VALE FARMS, INC.
DOCKET#96-46 - COZ#500 for LITTLE THOMPSON VALLEY ESTATES, CIO MCCARTY
DOCKET#96-47 - USR#1122 for ROLLAND JONES AND MABLE PITTMAN
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.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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F CE OF BOARD OF COUNTY COMMISSIONERS
. +. PHONE: 970-356-4000, Ext.4200
• ' - - Fax: 970-352-0242
/ P.O. Box 758
C. � GREELEY,COLORADO 80632
COLORADO
•
August 19, 1991 >
Rolland T. Jones
Mable Pittman
19273 197 Way
Hudson, Colorado 80642
Dear Mr. Jones and Ms. Pittman:
Your application for a Site Specific Development Plan and Special Review Permit for an agricultural
service establishment (auction facility) in the A (Agricultural) Zone District has been recommended
unfavorably to the Board of County Commissioners by the Planning Commission. The legal
description of the property involved is shown as Lots 9 and 12 in Vantage Acres Subdivision, Third
Filing, located in part of the S1/2 of Section 17, Township 1 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
If you wish to be heard by the Board of County Commissioners, it will be necessary for you to
indicate your request by signing the bottom of this letter and returning it to this office. Regular
hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal
newspaper, an expense to be paid by you.
In order to proceed as quickly as possible, we must receive your reply by September 16, 1996.
If we are not in receipt of your request by that date, the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO$ADO
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Barbara J. Kirkmeyer, Chair
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