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Home My WebLink About20193812.tiffHEARING CERTIFICATION DOCKET NO. 2019-103 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0034, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SEMI -TRUCK PARKING FOR A WATER HAULING BUSINESS AND FUEL STORAGE) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT — RUIZ TRUCKING, LLC, AND GLORIA KARINA RUIZ A public hearing was conducted on August 28, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair - EXCUSED Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway - EXCUSED Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Jessica Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Michael Hall Public Works Department representative, Mike McRoberts Health Department representative, Ben Frissell The following business was transacted: .' I hereby certify that pursuant to a notice dated July 8, 2019, and duly published July 12, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Ruiz Trucking, LLC, and Gloria Karina Ruiz, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0034, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (semi -truck parking for a water hauling business and fuel storage) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. p� Michael Hall, Department of Planning Services, presented a brief summary of the proposal and explained the existing home will be converted into an office which will have a restroom for employees. He described the proposed storage garage, parking, lighting, and landscaping. He noted trucks will be parked onsite 24 hours a day and provided the hours of operation and the number of employees. He indicated the Department of Planning Services received one (1) letter of opposition, and reviewed the concerns outlined in the letter. He stated 14 referrals were sent out, 10 referral agencies responded, and noted the site is within the Fort Lupton Coordinated Planning Area (CPA) and the three (3) mile referral area of the City of Fort Lupton, which expressed interest in annexing the site. He described surrounding uses, entered the favorable recommendation of the Planning Commission into the record as written, and displayed images of Et: PL1Wn ►rP>, Fla (wow►)1 th cep') 0912012Incl 2019-3812 PL2696 HEARING CERTIFICATION - RUIZ TRUCKING, LLC, AND GLORIA KARINA RUIZ (USR19-0034) PAGE 2 the site and surrounding views. In response to Commissioner James, Mr. Hall clarified the hours of operation. Mike McRoberts, Department of Public Works, provided a brief overview of the transportation plans and requirements, and stated access for the site is on County Road (CR) 23. He provided the daily roundtrip counts and average speed, noted the Department of Public Works (PIN) is requiring tracking control and a Road Maintenance Agreement, and presented the drainage and grading requirements. _: Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated a commercial well and septic system, permitted for four (4) bedrooms, services the existing residence, and noted the septic system will have to be reviewed by an engineer to ensure it is adequate for the business. He indicated there will be no maintenance or washing of trucks onsite, there will be fuel storage with secondary containment, and Development Standards (DS) #16-23 address Environmental Health (EH) items. Chair Pro-Tem Freeman 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 Chair Kirkmeyer excused. Kelsey Bruxvoort, AGPROfessionals, represented the applicant and provided a PowerPoint presentation Exhibit D), and described the site location and details of the site plan, the hours of operation, and the business operations. She indicated the application meets all of the Code criteria and stated the USR will not take "Prime" farmland out of production. She provided details of the Nuisance Management Plan and explained the proposed haul route. l+� No public testimony was offered concerning this matter. In response to Chair Pro -Tern Freeman, Ms. Bruxvoort requested clarification concerning DS #4 (number of employees), and after discussion about the potential environmental trigger associated with an increased number of employees, Chair Pro -Tern Freeman suggested deleting DS #4. After discussion about Condition of Approval (COA) #1.A (requirements of the Colorado Department of Transportation (CDOT)), and COA #1.B (requirements of the Fort Lupton Fire District), Chair Pro-Tem Freeman suggested adding °attempt to" to both COAs. He suggested deleting COA #1.F (access agreement), and DS #3 (hours of operation) and the Board agreed to all of the aforementioned changes. In response to Chair Pro-Tem Freeman, Ms. Burxvoort indicated she had reviewed, and on behalf of the applicant agreed to abide by, the Conditions of Approval and Development Standards, as amended. e No public comment was offered with regard to the changes made to Conditions of Approval and Development Standards. 2019-3812 PL2696 HEARING CERTIFICATION - RUIZ TRUCKING, LLC, AND GLORIA KARINA RUIZ (USR19-0034) PAGE 3 Commissioner Moreno moved to approve the request of Ruiz Trucking, LLC, and Gloria Karina Ruiz, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0034, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (semi -truck parking for a water hauling business and fuel storage) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 James, and it carried unanimously. There being no further discussion, the hearing was completed at 10:43 a.m. This Certification was approved on the 3rd day of September, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daitio jdo;ei EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem APPROVED AS TO FOR f}stf,County Attorney Date of signature: O1AoA 2019-3812 PL2696 ATTENDANCE LIST eV, 2 € 1'117-0I q c • - c -•-vv v-ryl1 NAME •- PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) • EMAIL COUNTY . RESIDENCE °SPEAKING- ' -• (Y/N)7 , . _ s.\-eom WSJ ,� i z A LPL'kfre_7 CC) :& ico4e0 ,ASke, f� _« I -770N iyN 47 44r * 3/1'OSS1/2- �i / gg1kkT 5r ), at7...41 114 �L+,VA,-J COr A • ,-,e- 1— /V /(e2 cr--0,y,vt55C.o Parr.�v, £7 a 3 Win Pawi aYAhWWGnix // 1 1in4zl� r�/ I I lil a saw �c✓ G� .O S /4 (o r�,J)c. ore.) 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