HomeMy WebLinkAbout20041084.tiff HEARING CERTIFICATION
DOCKET NO. 2004-41
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1438
FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE
INDUSTRIAL ZONE DISTRICT (TRUCK DRIVING SCHOOL) IN THE A
(AGRICULTURAL) ZONE DISTRICT - HCP VENTURES, LLLP/FLOYD WINSLOW
A public hearing was conducted on April 21, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 7,2004,and duly published April 10,2004,in the
Fort Lupton Press, a public hearing was conducted to consider the request of HCP Ventures,
LLLP/Floyd Winslow,c/o Careers World Wide,Attn:Terry Douglass and Charles Tweedy,for a Site
Specific Development Plan and Use by Special Review Permit#1438 for a Business permitted as
a Use by Right or Accessory Use in the Industrial Zone District (truck driving school) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Jacqueline Hatch, 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,and stated the applicants are proposing a truck driving and heavy equipment school. The
school will utilize approximately nine acres on the 62-acre site;handle approximately 15 students;
and employ 6 employees. Ms. Hatch stated the materials submitted indicate 21 trucks will utilizing
the site,and the truck driving school is currently operating on the site. She reviewed the surrounding
uses,which are primarily agricultural,and stated the business does require off-site driving lessons.
She stated the site is located on Weld County Road 18, and the training route goes from Weld
County Road 18 to Weld County Road 53,to Highway 6,to Kersey Road,then to Interstate 76. She
stated most of the training routes are in Adams County and Denver County. Ms. Hatch stated
fourteen referral agencies reviewed the proposal,and ten agencies included concerns which have
been addressed through the Conditions of Approval and Development Standards. She stated that
18 letters were received prior to the Planning Commission Hearing,expressing concerns regarding
compatibility, noise,dust,traffic,and safety. Ms. Hatch presented slides of the surrounding area.
Responding to Commissioner Geile, Ms. Hatch stated 21 trucks will utilize the property;and the 12
designated parking spaces are for the students. Responding further to Commissioner Geile, Ms.
Hatch stated the excavating equipment is included in the 21 vehicles; however,the applicant has
indicated a willingness to remove the heavy equipment training portion of the application.
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Char Davis, Department of Public Health and Environment, stated she has no comments, but is
available to answer questions. Don Carroll,Department of Public Works,stated access to the site
is from Weld County Road 18 to Weld County Road 53,south to the 1-76 Frontage Road. He stated
he has included Condition of Approval #2.G, requiring an improvements agreement for the
proportionate expense for dust control, adjacent to the homes located on Weld County Roads 18
and 53. Mr. Carroll stated his material shows two road trucks leaving the site, and two returning,
therefore, a total of four trucks will be on the road at any one time. Responding to Commissioner
Vaad, Mr: Carroll stated adequate turning radius is required at the entrance, to accommodate
two-way traffic. Upon further questioning, he stated a turning radius of approximately fifty feet is
necessary in both directions,although it is currently a little less than that width. Chair Masden stated
he has received phone calls from surrounding property owners regarding staging areas,training on
Weld County Road 18, and semi's parked in the middle of the road while completing training
exercises. Mr. Carroll stated there is nothing in the application materials indicating use of County
Roads for training; however, a new Condition could be added to restrict staging or parking on
County Roads. Responding to Commissioner Jerke,Mr.Carroll stated the most recent traffic count
on Weld County Road 18 showed 90 to 100 vehicles,and Weld County Road 53 does not have a
recent count available.
Charles Tweedy, applicant, reviewed his personal background, as well as the background of his
school and the safety record of his school. He stated his career spans over 30 years of experience
in truck driving safety. Mr.Tweedy stated this school was opened ten years ago,and he has trained
over 3,000 CDL drivers;and the school has never had any type of vehicle accident of any type. Mr.
Tweedy stated there are seven schools in the Denver Metro area,all of which come to this area to
train; however,his school does not train in the area because of neighborhood concerns. He stated
the school ended up in this site because at his previous location,the land was sold,and he only had
a 24-hour notice to move. Mr. Tweedy explained he had already negotiated the purchase of the
Winslow's property, and he stated it was recommended that he bring his school into the area
because there currently are no schools in this area. Mr.Tweedy stated he has built a training pad
in the middle of the property to minimize noise and dust. He stated there are four vehicles in the
training pad area practicing backing,and only six students per week are trained. He stated the first
of the week is instruction only; and the school does not stop or drive on the roads, except the
designated training route. Mr.Tweedy stated his instructors do go through an eighty-hour training
course, which is one of the reasons for the success of his school and it's accident-free safety
record. He stated he has not received any complaints from anyone regarding his school.
Responding to Commissioner Geile, Mr. Tweedy stated there are seven semi-trucks and eight
trailers on the property;and he will no longer provide heavy equipment training. Responding further
to Commissioner Geile, Mr. Tweedy stated he would like to build a house and live on the site
eventually; and the steel building is for classrooms and offices, and a maintenance bay for light
repair. He stated no major maintenance or oil changes will be accomplished on the site. Mr.
Tweedy stated the only liquids on site will be a 55 gallon drum of oil for daily use,and a 500 gallon
fuel tank for off-road fuel. Responding to Commissioner Geile, Mr. Tweedy stated the only two
structures will be a house and a 40 foot by 60 foot building. Mr.Tweedy stated there is currently a
mobile home,which will be removed when the house is built. Responding to Commissioner Vaad,
Mr.Tweedy stated his school operates under specific Federal Motor Carrier Regulations regarding
training schools, which covers off-site training and safe driving. He stated the school is audited
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quarterly and a major audit is conducted annually. Mr. Tweedy also stated that records are
maintained which identify any CDL driver being ticketed,even if it is during recreational or personal
activity,will accumulate against his CDL. Responding further to Commissioner Vaad, Mr.Tweedy
stated the same thing applies to his license to operate the training school. Responding to
Commissioner Geile,Mr.Tweedy stated he has a current lease on the property,until final approval
of this Permit, at which time he will close on the property. Mr. Morrison stated the approval goes
with the land,which is one of the reasons there are so many names on the application, since the
owners and operator are all named. Mr. Morrison stated the permit will travel with the owner of the
property, who would be bound by any Conditions of Approval and Development Standards in the
Permit,but would not require further action of the Board. Responding to Chair Masden, Ms. Hatch
stated there currently is a violation on this property, for the operation of a business on the site
without a Use by Special Review Permit. Mr.Tweedy stated Terry Douglass currently lives in the
mobile home, for the security of the property. He stated Mr. Douglass' brother also has a
Recreational Vehicle parked on site, which will be removed by May. Ms. Hatch stated it is a
Condition of Approval to remove the Recreational Vehicle from the property. Responding to Chair
Masden, Mr. Tweedy stated that when he first moved his school here he did allow trucks to train
around the Keenesburg area;however,the Sheriffs Department asked him not to use that route and
they have not been there since. Responding to Chair Masden, Mr. Carroll stated the applicant will
apply dust control twice as year,or as needed. Mr.Tweedy stated he does not have a problem with
dust abatement, and reiterated he plans to eventually live there.
James Ries, surrounding property owner, stated his residence is west of the facility, and his
concern is traffic safety. He stated the students currently drive on County roads and end up on the
service road that runs down the west side of 1-76, near Hudson. He stated he has not only
encountered student drivers stopped in the middle of the road, more than once he has observed
traffic being stopped in the middle of the road. Mr. Ries stated he has many safety concerns, and
this is a business that belongs in an industrial park. He stated that after approval by the Planning
Commission,they immediately increased to seven or eight trucks, brought in shuttle buses,and all
kinds of other training equipment on Saturdays,which runs continuously. He stated it is not on a
regular basis, but does occur. Mr. Ries also indicated dust control is an issue, but safety is his
biggest concern. He stated Weld County Road 18 does not have enough width for two semi-trucks
to turn into this site. Mr. Ries also stated Waste Management, Inc. was not allowed to use Weld
County Road 18 because of damage to the roads by its big trucks, and he indicated there is as
much truck traffic with this application as with that application. Mr. Ries stated the property is zoned
agricultural; however,the applicant moved in and started the school without County approval. He
stated 21 trucks is not a driving school, it is a terminal; 10 or 12 cars are parked there without
facilities;and there are no current permits with the County,although the school has operated at this
location for two years. Mr. Ries also stated yesterdaywith the wind blowing from the north,visibility
was zero on the service road on the south side of 1-76. He stated Mr.Tweedy has been very lucky
there have been no accidents,and he commended the school for its good safety record; however,
the potential is great that accidents will happen,and there have been many near misses. Mr. Ries
asked if this is zoned industrial,the zoning will remain on the land,and they could do anything they
wanted on land. Mr. Morrison clarified that this is a Special Use Permit,which pertains specifically
to the permitted use. He stated that if the use is abandoned, it can be vacated by the Board of
County Commissioners;and the only use allowed is that included in the application. Responding
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•
to Mr. Ries, Mr. Morrison stated he does not have the detail of the application materials; however,
if approved, the use is limited to that which is described the application and is consistent with the
approval given. He stated it is not a general permit or Change of Zone, but is specific to the use
permitted. Responding to Commissioner Geile, Mr. Ries stated the trucks do not indicate it is a
training vehicle or driving school vehicle,and only carries over the road emblems,indicating it is a
commercial vehicle;however,he stated no loading operations have been noted that would indicate
a truck terminal at the site. Mr. Ries further stated he is only concerned about the safety issues
regarding the trucks and the hours of operation. Responding to Commissioner Vaad, Mr. Ries
stated the dust he spoke of was blowing from the site across 1-76.
Jim Thompson, surrounding property owner,stated he has the same safety concerns as outlined
by Mr. Ries,and that he observed dust blowing off the property last weeekend. (Changed to Tape
#2004-19.) He stated on April 20, 2004, he observed a truck moving ten miles per hour along the
road and, although the truck had flashers on, Mr.Thompson did not see it until he nearly hit it. He
also stated when running irrigation water, the overflow goes onto the subject property.
Christine Curl, surrounding property owner, stated she also is concerned with the safety of the
public, as discussed. She stated that the initial problems have been worked out; however, even
though the training route is defined, students are still driving in other places, such as on Weld
County Roads 20 and 53,and the west 1-76 Frontage Road. Ms.Curl stated she is also concerned
about road damage, and stated maintenance needs to be addressed. Responding to
Commissioner Vaad, Ms. Curl stated she appreciates the heavy equipment school being closed,
and the noise level has not been excessive since then.
Helen Ries stated she observed trucks at the grade school,although she has not seen them at the
school during recent weeks. What she did observe was trucks sitting crossways across the road,
trying to execute a turn. She stated with kids walking home from school it created a dangerous
situation. She also requested no rezoning on this property.
Tony Garcia, employee of Mr.Tweedy at the school, stated the student drivers are not going into
Keensburg and they have not done so since the Planning Commission Hearing. He stated this
school is getting blamed for all the other trucking schools. Mr.Garcia stated all their trucks are red
on white. He stated dust is a problem; however, it has always existed, and will probably continue
even without the truck school. Mr.Garcia stated he has worked for Mr.Tweedy for nine or ten years;
there are not 21 trucks on the property;and the buses for CDL testing facility are sanctioned by the
State and are used only for outside testing on Saturdays.
Juanita Beedy stated she has lived with Mr.Tweedy for four years and he is a man of high integrity.
She stated he follows the law and rules and he will make whatever changes are necessary. She
stated he produces the best truck drivers and he will not compromise safety. Ms. Beedy stated the
trucks carry the Careers Worldwide logo,although the trailer might have Navajo on it. Ms. Beedy
stated the dust is blowing off the property; however, it is a problem in the entire area, not only the
truck school property.
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Mr.Tweedy rebutted and explained there are not 21 trucks,there are four yard trucks,one stationary
yard truck,and two road trucks. He stated the school is operated on the basis of six students per
week, and he will not trade quality by increasing its size. He stated the trailers with the Navajo
emblem were donated to him by Don Digbee, and every truck carries the Career Worldwide logo
on the side. Mr.Tweedy stated he will provide dust abatement,and he has purchased and will be
placing four inches of recrushed asphalt on the road into the property,which will totally eliminate the
dust problem from trucks driving on site. Mr.Tweedy stated he called the Department of Planning
and was told he did not need a Special Use Permit, and they have been there one year and two
months. Ms. Hatch stated she incorrectly included eight trailers and heavy equipment in the total
of 21 trucks. Mr. Tweedy stated he is a licensed third party tester,and they do that on Saturdays.
He stated there are many trucks of all types in the area, and the road is heavily used;although his
school is getting the full blame with very little impact. He stated that, even if you count the CDL
testing, it would only amount to six or eight vehicles in and out of his property.
Mr. Carroll stated Conditions of Approval#2.G and#2.K are duplicates,therefore,#2.K should be
deleted. He also requested a change in #2.J.5 to correct Weld County Road 6 to Weld County
Road 18,and the addition of a Condition stating,"No staging, parking or stopping on Weld County
roads." Ms. Hatch suggested it be included as Development Standard #8, and the following
renumbered. Responding to Commissioner Vaad, Mr. Tweedy stated dust does come off his
property; however, asphalting the driveway will solve the dust internal to the site. Responding
further, he stated he has talked to planning staff,and will use the recrushed asphalt,as well as silt
fences. He also stated he has already built a three-foot berm. Responding to CommissionerJerke,
Ms. Davis stated the gravel used to help dust abatement should be sufficient. Mr.Tweedy stated
he has a total of seven acres and, if it does not work, he will spray or do whatever is necessary to
abate the dust. Responding to Chair Masden, Mr.Tweedy stated he would like to amend the hours
of operation to be 7:00 a.m. to 5:30 p.m., because when they start at 8:00 a.m., by the time the
vehicles are started and inspected, he is not getting out of the yard until 9:00 a.m. If they start at
7:00 a.m., trucks would leave the property at approximately 8:00 a.m. He also requested
clarification on which holidays he will be required to close, and stated he usually recognizes
Veterans Day,Labor Day, Independence Day,Thanksgiving,Christmas,and New Year's Day. After
discussion,Commissioner Long stated the six holidays he specified would be the most appropriate,
and Commissioner Jerke concurred. Responding to Chair Masden,Mr.Tweedy stated he agrees
with all the other Conditions of Approval and Development Standards.
Commissioner Vaad stated he read the testimony of the Planning Commission meeting, and
listened carefully to statements made. He said it was clearly stated this is not a Change of Zone,
but is a Use by Special Review Permit in an agricultural area,not a residential area. Commissioner
Vaad stated it is not appropriate to attribute the total dust problem to one seven-acre plot; and the
Development Standards do address fugitive dust control and abatement. Commissioner Geile
stated his concern is that Mr. Tweedy has been operating since the date of the lease, which is
January 31,2003. He stated Mr.Tweedy has been in business long enough to know he would need
to secure any necessary permits to allow his operation. Commissioner Geile stated his second
concern is compatibility, pursuant to Section 23-2-230.8.3, and a large truck driving school
accessing onto a gravel road making turns onto another gravel road is not compatible. It also
causes quicker deterioration of the roadway. Commissioner Geile cited Section 23-2-230.8.7,
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because the trucks accessing onto and driving on County roads do create a health, safety, and
welfare issue to the area. Therefore, he is not in support of the application. Commissioner Jerke
stated he concurs with Commissioner Vaad. He finds the applicant has demonstrated he will
mitigate all the negatives associated with his application,through a dust control plan and monitoring,
and the hours of operation,as well as all the other Development Standards. Commissioner Jerke
stated he.is in support of the application. Commissioner Long stated he does appreciate the
comments from citizens, and he does travel 1-76 frequently. He concurs there has been a lot of
dust;however,it cannot all be attributed to this seven-acre site,although the open seven acres does
contribute greatly to the fugitive dust in the area. He stated crushed asphalt does mitigate dust on
his own property,therefore,he is in support of the application. Commissioner Long also stated the
students attending this school will contribute to the agricultural community and, with over 2,500
miles of gravel roads in Weld County, having drivers safely trained is important. Chair Masden
stated he concurs with Commissioner Geile. His concerns are the health,safety and welfare of the
area; off-site dangers; staging on frontage roads, about which he has had numerous calls from
people in the area;and concerns about trucks in and around grade schools with kids going back and
forth. He is not in support of the application.
Commissioner Vaad moved to approve the request of HCP Ventures, LLLP/Floyd Winslow, c/o
Careers World Wide,Attn:Terry Douglass and Charles Tweedy,for a Site Specific Development
Plan and Use by Special Review Permit #1438 for a Business permitted as a Use by Right or
Accessory Use in the Industrial Zone District (truck driving school) in the A (Agricultural) Zone
District,based on the recommendation of the Planning Commission,with the Conditions of Approval
and Development Standards as modified,to delete mention of the heavy equipment school,change
Condition of Approval#2.J.5,delete#2.K,amend hours of operation and specify holiday schedule,
and add Development Standard#8, as discussed. He stated this proposed use is consistent with
the intent of the Agricultural Zone District, uses are compatible with the existing and future
surrounding land uses,there are no Overly Districts in the area,the site was not prime agricultural
land,and Conditions of Approval and Development Standards will mitigate the potential for hazards,
particularly the dust abatement plan. The motion was seconded by Commissioner Long, and it
carried three to two,with Commissioner Geile and Masden voting against. There being no further
discussion, the hearing was completed at 11:55 a.m.
•
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This Certification was approved on the 26th day of April 2004.
APPROVED:
�� / /• BOARD OF COUNTY COMMISSIONERS
�= //� WELD COUNTY, COLORADO
O
. ,8 Robert D. Masden, Chair
�`�� ti lerk to the Board
/
`� % William H. ke, Pro-Tem
BY: 1d�4
Deputy Clerk to the Board
M. J. eile
TAPE #2004-18 & #2004-19
Davi . Long
DOCKET#2004-41
Glenn Vaa
2004-1084
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1438 - HCP VENTURES, LLLP/FLOYD WINSLOW
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 12/16/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Letter re: Requirements to be Completed
before Scheduling and Signaqe (3/10/2004)
F. James Thomson Letter of Objection (12/20/2003)
G. Planning Staff Evidence of Posting
H.
J.
K.
L.
M.
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P.
O.
R.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF APRIL, 2004:
DOCKET#2004-41 - HCP VENTURES, LLLP/FLOYD WINSLOW
DOCKET#2004-37 -WAKE, LLLP, C/O CLIFFORD CLIFT AND PAUL CLIFT
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