HomeMy WebLinkAbout20182347.tiffHEARING CERTIFICATION
DOCKET NO. 2018-75
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0025, 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 - MANUEL G. RUIZ PRIETO, CIO RUIZ TRUCKING, LLC
A public hearing was conducted on August 1, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad - EXCUSED
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michael Hall
Public Works Engineer representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated June 22, 2018, and duly published June 27,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Manuel
G. Ruiz Prieto, c/o Ruiz Trucking, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR18-0025, 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.
El Chair Moreno reviewed, for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four Commissioners being present and Commissioner Cozad
excused.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and stated the applicant is requesting a USR for a commercial business on a 6.2 -acre parcel. He
explained this would include parking for up to seven (7) semi -trucks on an improved gravel site
that will be used to haul water for oil and gas purposes, and other hauling as allowed. He indicated
there will be fuel storage with appropriate containment, and no additional buildings, site
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improvements, signage or landscaping is proposed. He reviewed existing vegetation, tree
screening, fencing, hours of operation, and number of employees. Mr. Hall indicated the applicant
is currently in violation, under case number ZCV17-00149, due to operating a commercial
business without the appropriate permits. He stated if the application is approved, and the plat is
recorded, then the violation will be closed. He explained there was a neighborhood meeting at
the residence and there were no neighbors in attendance. He reported Planning staff sent out
seven (7) letters to surrounding property owners (SPO). He discussed two (2) letters in opposition
were received from the same SPO concerning noise, lighting, dust, diesel odor, road damage and
24 -hour vehicle activity, parking, lower property values, and incompatibility with the area. Mr. Hall
stated the concerns are addressed in the Conditions of Approval and Development Standards.
He reported ten (10) referral agencies have reviewed the application with eight (8) responses
offering no concerns. He indicated the parcel is not within the three (3) mile referral area or within
an Intergovernmental Agreement boundary of any municipality. He displayed the proposed
location in relation to relevant County roads, and stated it is in the Airport Overlay District, which
had no concerns regarding the application; however, the property is not within a geologic hazard
district, floodplain or MS4 area. He mentioned there is one (1) existing USR within one (1) mile of
the site and described the other uses and residences in the area. Mr. Hall displayed the site
layout, displayed images of the site and surrounding views, including the access point, entered
the favorable recommendation of the Planning Commission into the record as written, and stated
there was no public input at the hearing.
E, Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, stating this site accesses from County Road (CR) 47 and
an Access Permit has been issued under AP#18-00271. Mr. Pinkham provided the average daily
traffic counts for CRs 47 and 44 to include truck percentages and stated the traffic narrative
indicated approximately seven (7) daily semi -truck round trips and seven (7) daily passenger
vehicle round trips. He reported the Department of Public Works is requiring an Improvements
Agreement. Mr. Pinkham'explained the applicants submitted a drainage narrative, which indicated
the site meets exception 1.A, and a Weld County Grading Permit will be required if disturbing
more than an acre.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated water service is provided by the Central Weld County Water District
(CWCWD) and sewer service is provided by an existing septic system that is permitted for three
(3) bedrooms; however, the use of portable toilets for the business is acceptable. Ms. Light
explained there will be no painting, washing or maintenance of vehicles on the site and there will
be fuel storage with secondary containment that may require registration with the state, depending
on the amount of fuel. She stated the noise level is Commercial and Development Standards
(DS) #14-23 address Environmental Health items.
E, Kelsey Bruxvoort, AGPROfessionals, represented the applicant and stated they are
requesting parking for up to seven (7) semi -trucks. She explained the business is family operated
and the applicant lives on -site. Ms. Bruxvoort described the surrounding uses and stated the area
can support the proposed use. She presented the site plan, showing the parking on gravel north
of existing residences, and stated there will be no additional improvements. She explained the
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primary use of the semi -trucks is to haul water for the oil and gas industry, and other hauling
depending on the market. Ms. Bruxvoort reviewed the number of employees, on -site parking
hours, and the hours of operation. She reviewed reasons of consistency with the Code and stated
a Nuisance Management Plan was submitted to address noise, light, dust and waste
management. Ms. Bruxvoort stated the site is accessed from CR 47 and the peak truck traffic will
be between 6:00 a.m. - 7:00 a.m., and 5:00 p.m. - 6:00 p.m.. She included, however, the traffic
should be dispersed throughout the day and stated the application did not warrant a traffic impact
study or meet triggers for future improvements. Ms. Bruxvoort requested a draft of the updated
Condition of Approval (COA) #1.B.
No public testimony was offered concerning this matter.
2 In response to Commissioner Conway, Ms. Bruxvoort stated she reviewed the original
Improvements Agreement language; however, she was not aware of the amendment. Upon
review, she agreed to the revision.
IR In response to Commissioner Kirkmeyer, Ms. Bruxvoort explained she would not expect an
extended length of idling, except in the winter. She stated the trucks might be started before
6:00 a.m., if a job required an earlier start. Commissioner Kirkmeyer suggested a Development
Standard stipulating no idling before 6:00 a.m.
.2 In response to Commissioner Conway, Ms. Bruxvoort reiterated the trucks generally leave
between 6:00 a.m. and 7:00 a.m., and if idling occurred before 6:00 a.m., it would be only one
truck.
' Commissioner Kirkmeyer referenced the word "occasional' in DS #3 and requested
clarification. In response to Commissioner Kirkmeyer, Ms. Bruxvoort defined "occasional" as
accommodating jobs that need a truck earlier than 6:00 a.m. Commissioner Kirkmeyer requested
Ms. Bruxvoort provide a number of times per week or month that a truck would leave before
6:00 a.m., to which Ms. Bruxvoot responded no more than four (4) times a month. Commissioner
Conway explained the risk for violation if there is not proper language specifically delineating the
hours of operation.
After further discussion, Commissioner Freeman recommended extending the hours of
operation to 8:00 p.m. Commissioner Kirkmeyer suggested removing the word "occasional" from
DS #3 and agreed with the recommendations to extend the hours of operation and requested no
idling prior to 6:00 a.m.
2 Commissioner Kirkmeyer asked for clarification on the Nuisance Management Plan and
suggested a new COA #1.C regarding the approved Nuisance Management Plan and new DS #9
to reflect compliance with the Nuisance Management Plan. Commissioner Kirkmeyer also
recommended a new DS #10 regarding the operator maintaining the existing landscaping and
screening on -site. The Board agreed with all of the aforementioned amendments.
2018-2347
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HEARING CERTIFICATION - MANUEL G. RUIZ PRIETO C/O RUIZ TRUCKING, LLC,
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In response to Chair Moreno, Ms. Bruxvoort indicated on behalf of the applicant, they have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
Commissioner Conway moved to approve the request of Manuel G. Ruiz Prieto, c/o Ruiz
Trucking, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0025, 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
and entered into the record. The motion was seconded by Commissioner Freeman, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:38 a.m.
This Certification was approved on the 6th day of August, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD
COUNTY, COLORADO
ATTEST: ditifilo G teeks:ok
Steve Moreno, Chair
Weld County Clerk to the Board
arbara Kirkme. Pro -Tern
BY:
APPROVED AS TO
ounty A omey
Date of signature: a8/162)
can . Conway
ike Freeman
2018-2347
PL2568
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