HomeMy WebLinkAbout20243181.tiffHEARING CERTIFICATION
DOCKET NO. 2024-58.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR24-0015, FOR OIL AND GAS SUPPORT AND SERVICE (TRUCK PARKING AND
EQUIPMENT STORAGE) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES
IN THE A (AGRICULTURAL) ZONE DISTRICT - ANA HOLGUIN MACIAS AND
MARIO CONTRERAS GUILLEN, CIO MVJ TRANSPORTS, INC.
A public hearing was conducted on December 11, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman — EXCUSED
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Deputy County Attorney, Karin McDougal
Department of Planning Services representative, Diana Aungst
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
. I hereby certify that pursuant to a notice dated August 13, 2024, and duly published
August 16, 2024, in the Greeley Tribune, a public hearing was conducted on October 2, 2024, to
consider the request of Ana Holguin Macias and Mario Contreras Guillen, do MVJ Transports,
Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR24-0015, for
Oil and Gas Support and Service (truck parking and equipment storage) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District. At said hearing the Board continued
the matter to December 11, 2024, at 10:00 a.m., to allow the case to be heard by the Planning
Commission on November 5, 2024. Karin McDougal, Deputy County Attorney, made this a matter
of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
noted staff is recommending denial, and provided the general location of the site. She
mentioned 14 referrals were sent out, 12 agencies responded without concern and two (2)
agencies did not respond. She discussed the details of the parking and equipment storage, stated
the applicants live in the existing residence on the site, there are three (3) existing outbuildings,
and no additional buildings are proposed. She provided the number of employees and hours of
operation, described the proposed fencing, and relayed the case is an active Zoning Violation,
ZCV24-00067. She outlined next steps depending on the approval or denial of the USR, provided
the case history, which included discussions about commercial access, and described the
surrounding zoning and uses. She asserted staff found the proposed use incompatible due to the
noise and fumes associated with the truck idling/parking, described the USRs in the area, and
stated staff felt the application did not meet the intent of Code Section 23-2-220.A.7 (adequate
provisions for the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County). She further stated staff sent notice to ten (10) surrounding property
Cc: PI_CDE/MN/DA/DA/KR)
a/as /as
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HEARING CERTIFICATION - ANA HOLGUIN MACIAS AND MARIO CONTRERAS GUILLEN,
C/O MVJ TRANSPORTS, INC. (USR24-0015)
PAGE 2
owners (SPO), and although no correspondence was received, several SPOs spoke, in
opposition, at the Planning Commission (PC) hearing. She stated the site is within Coordinated
Planning Agreement (CPA) area of the City of Evans and the Town of Kersey, neither of which
want to annex the site. She noted the site is also within the three (3) mile referral area of the Cities
of Greeley and Evans and the Town of Kersey, none of which had comments/concerns. She
shared, per the Development Review staff, access is on County Road (CR) 52, she provided
traffic counts for CR 52, noted the applicant submitted a Traffic Impact Study with the anticipated
business -related traffic, and relayed Development Review is requesting an Improvements and
Road Maintenance Agreement. Ms. Aungst entered the favorable recommendation of the
Planning Commission into the record, as written, and displayed images of the site and
surrounding views.
E Lauren Light, Department of Public Health and Environment (EH), stated the existing
residence is served by the Central Weld County Water District and they have a septic system
permitted for three (3) bedrooms. She relayed portable toilets are acceptable as employees are
onsite for less than two (2) hours, per day, water will be used for dust control, there will be a
dumpster onsite for waste management, and EH provided nine (9) Development Standards (DS)
in the Resolution.
El Hannah Dutrow, AGPROfessionals, represented the applicant and Chair Ross reviewed for
the applicant and the public, the procedures to follow should this case result in a tie vote due to
four (4) Commissioners being present and Commissioner Freeman being excused. In response
to Chair Ross, Ms. Dutrow indicated neither she, nor her team, had had contact with any of the
Commissioners regarding this case. She presented a PowerPoint presentation (Exhibit D)
described the business operations to include the parking of trucks and the storage of equipment
and materials, and noted operations were moved offsite after the applicant was made aware of
the Zoning Violation. She displayed an image of existing site and the proposed site plan, and
described the screening, landscaping, specifics of the parking and equipment storage, and
number of employees, none of which will be onsite for extended periods of time. She asserted
they were not made aware of staff's concerns, or the recommendation for denial, until late in the
application process and she outlined how the application meets the criteria of the Weld County
Code. She referenced the referral responses and discussed the Nuisance Management Plan,
including how they will mitigate noise, light, dust, waste, and the visual impacts of parking and
equipment storage.
El In response to Commissioner James, Ms. Aungst elaborated on staff's recommendation of
denial, citing concerns regarding the initially proposed, shared access/utility easement, and the
absence of a letter from the adjacent property owner stating the applicant could use said
access/utility easement. She stated staff deemed the other access illegal upon initial review, but
later determined it could be a viable option with the request for a variance, which has been
submitted, but not yet approved. Responding to Commissioner Buck, Ms. Aungst explained the
SPO concerns and reiterated the adjacent property owner, with whom the access/utility easement
is shared, spoke at the PC hearing. Ms. Dutrow clarified the business operation hours of 24 hours
a day, seven (7) days a week are for the storage aspect of the business and reiterated employees
are only onsite at shift change, two (2) times per day, for a short period of time. In response to
Commissioner Ross, Ms. Dutrow explained the landscaping was incorporated prior to the first PC
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HEARING CERTIFICATION - ANA HOLGUIN MACIAS AND MARIO CONTRERAS GUILLEN,
CIO MVJ TRANSPORTS, INC. (USR24-0015)
PAGE 3
hearing, and clarified the fence was always a part of the plan. Responding to
Commissioner James, Ms. Light explained the permissible noise level and how it is measured. In
response to Commissioner Saine, Ms. Dutrow relayed the adjacent property owner's concern at
the PC was access and traffic, not noise.
IR No public testimony was offered concerning this matter.
El Ms. Dutrow indicated they had reviewed the Conditions of Approval and Development
Standards and requested to insert "commercial" in front of "derelict vehicles," in DS #7 (no derelict
vehicles). In response to Chair Ross, Ms. Aungst explained the proposed changes to Conditions
of Approval (COA) #1.D, #1.E.12, #1.E.13, and #1.E.14 stemmed from the request for the access
variance. Commissioners James and Buck suggested adding a new COA #1.B, requiring a Noise
Study, which Chair Ross supported due to the proximity of the SPOs, and it was added, with
Commissioner Saine opposed. Commissioner James, supported Ms. Dutrow's request to add
"commercial" to DS #7 and he suggested they add it to DS #6 (No vehicle repair, washing, or
service shall occur onsite), as well. There was discussion between Chair Ross and Ms. Dutrow
that adding "commercial" to DS #6 could then allow for a noncommercial junkyard and Ms. Aungst
stated staff agrees with Ms. Dutrow's suggestion, since noncommercial junkyards are allowed in
the A (Agricultural) Zone district, as long as they are properly screened, so it was added.
In response to Chair Ross, Ms. Dutrow, on behalf of the applicants, stated they reviewed and
agreed to abide by, the Conditions of Approval and Development Standards, as amended.
;; No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
fi Commissioner James moved to approve the request of Ana Holguin Macias and Mario
Contreras Guillen, c/o MVJ Transports, Inc., for a Site Specific Development Plan and Use by
Special Review Permit, USR24-0015, for Oil and Gas Support and Service (truck parking and
equipment storage) outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards, as amended. The motion was seconded by
Commissioner Saine, who reiterated her opposition of the requirement of a Noise Study.
Commissioner Buck requested the applicant continue to work with the adjacent property owner
regarding their concerns and in a roll call vote, the motion passed four (4) to zero (0). There being
no further discussion, the hearing was completed at 11:05 a.m.
2024-3181
PL2928
HEARING CERTIFICATION - ANA HOLGUIN MACIAS AND MARIO CONTRERAS GUILLEN,
C/O MVJ TRANSPORTS, INC. (USR24-0015)
PAGE 4
This Certification was approved on the 30th day of December, 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: detitiisj .:e o%ok
Weld County Clerk to the Board
BY:
. Octuo-a
Deputy Clerk to the Boar
WELD COUN
Kevin D. Ross, Ch
Perry
Mike Freeman
Pro -
Scott K. James
Lori Saine
2024-3181
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