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Home My WebLink About20182310.tiffHEARING CERTIFICATION DOCKET NO. 2018-68.A RE' A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0032, FOR AN OIL AND GAS SUPPORT AND STORAGE BUSINESS (COMMERCIAL TRUCK MAINTENANCE, PARKING AND OUTDOOR STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT -JUAN IGNACIO CRUZ, C/O CENTENNIAL TOOLS AND SERVICES, LLC A public hearing was conducted on July 18, 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, Frank Haug Planning Services Department representative, Angela Snyder Public Works Engineer representative, Evan Pinkham Health Department representative, Lauren Light The following business was transacted E, I hereby certify that pursuant to a notice dated June 13, 2018, and duly published June 18, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of, Juan Ignacio Cruz, c/o Centennial Tools and Services, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0032, for an Oil and Gas Support and Storage Business (commercial truck maintenance, parking and outdoor storage) in the A (Agricultural) Zone District Frank Haug, Assistant County Attorney, made this a matter of record Ma 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 ET Angela Snyder, Department of Planning Services, presented a brief summary of the proposal and stated staff sent out nine (9) referrals and received eight (8) with comments that have been incorporated in the staff recommendation She described the 10 -acre site in relation to relevant County roads and stated it is not located in an overlay district or on prime soils She explained the owner lives on -site and plans to continue hobby farming while operating the business, which includes truck parking and maintenance, and service and support to the oil and gas industry She described the site layout, outbuilding, number of vehicles, and hours of operation Ms Snyder explained the application is the result of an active Zoning Violation, ZCV18-00142, for operating a commercial trucking business without the proper permits She displayed images of the site and reviewed the USRs in close proximity She stated the site is located in the three (3) mile referral area of the Town of Kersey and is within their C&: PLCAA/ IPis) >P1J(EP),6H-C...C CM CTS) a ss/i5!/ V 2018-2310 PL2564 HEARING CERTIFICATION - JUAN IGNACIO CRUZ C/O CENTENNIAL TOOLS AND SERVICES, LLC (USR18-0032) PAGE 2 Intergovernmental Agreement Area (IGA), and comments from their referral response indicated they had reached an agreement with the applicant regarding diverting traffic away from entering Kersey on CR 53, which is also known as Main Street She explained the applicant also addressed the only concern of the school district by agreeing not to cause additional truck traffic during the school bus route times Ms Snyder reviewed the nearest residences and adjacent land uses and stated there were six (6) total letters of objection received outlining concerns to include incompatibility, noise, damage to the roads, inadequate shoulders, safety, hours of operation, over storage, and diesel fumes She stated the Planning Commission unanimously recommended denial 8 Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, stating the site is accessed from County Road (CR) 53 and an Access Permit has been issued, AP #18-00479, which stipulates to utilize the one (1) existing access He reviewed the average daily traffic counts to include truck percentages and stated per the traffic narrative, there will be approximately 60 daily round trips associated with the business and both tracking control and an Improvements Agreement are required Mr Pinkham stated a drainage report and detention pond design must be completed prior to submitting the plat map and he reviewed the grading requirements if disturbing more than an acre 8 Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, stating water service is provided by the Central Weld County Water District and sewer to the existing home is provided by a septic sized for three bedrooms She noted the applicant intends to install a commercial septic system for the business and it must be installed prior to receiving the Certificate of Occupancy Ms Light stated washing and maintenance of vehicles will be performed on -site and the proposed building will have floor drains that discharge to a separate tank She explained they may not wash vehicles with soaps or detergents and the water must drain into ground with no run off or pooling She stated an Air Permit may or may not be required depending on the amount of painting that occurs on -site She stated there are provisions for the storage of hazardous chemicals, the noise is limited to the Commercial standard and Development Standards (DS) #10-21 address Environmental Health items ti` Cameron Knapp, Project Engineer, represented the applicant and stated he is available for technical questions He reiterated the property will remain a residence with an existing house, barn, outbuildings and with 40% of the 10 acres not altered in any fashion He reviewed the proposed 15,000 square -foot building used for general truck maintenance and repair, the existing gravel driveway will be paved, there will be a double cattle guard for tracking control, turning radii will be larger and enhanced for truck usage, and there will be a stormwater detention and water quality pond constructed and designed to limit water release to historic levels 12 Brandi McMullan, employee, provided an overview of the business describing it as a small locally -owned and family -operated business that supports the oil and gas industry in the area by renting out tools and transporting water to and from well sites She stated she has worked as the office manager for four (4) years and has helped build the company and she has never worked for a company that is more involved with its employees Ms McMullan explained the growth has 2018-2310 PL2564 HEARING CERTIFICATION - JUAN IGNACIO CRUZ C/O CENTENNIAL TOOLS AND SERVICES, LLC (USR18-0032) PAGE 3 caused them to seek the new location and move the business outside city limits to Mr Cruz's property, which is an agricultural property with farms and homes in close proximity She described CR 53 as well traveled and without concern for the additional traffic, as the site will be used for overnight storage for trucks and equipment and not a base for the operation due to the jobs being off -site She stated the proposed building will house light repairs of commercial vehicles and equipment, storage of repair chemicals, and an office with two (2) personnel on -site all the time Ms McMullan described the contributions to the community and explained they looked at commercial property but it was too expensive and not feasible She stated they hope to continue to grow the business and employ more staff and this property is needed for storage In response to Commissioner Kirkmeyer, Ms McMullan stated the pipes are stored on Mr Cruz's property and he is the owner of the business la, In response to Commissioner Conway, Mr Cruz stated, since the Planning Commission hearing, he has met with the school to discuss their concerns Mr Knapp interjected they have not been in contact with the neighbors since the Planning Commission hearing and he stated they had a neighborhood meeting in March IM Joann Crosier, surrounding property owner (SPO), stated they have resided at their residential agricultural property for 19 years and she does not begrudge Mr Cruz for running his business, as he is a nice man and works very hard She agreed the business is much needed, however, she is not happy with the incompatible location or the noise related to the operation She stated there were a number of concerns expressed by the neighbors at the Planning Commission hearing to include noise, safety, school bus stops, traffic, semi -trucks turning in and out of the site without turn lanes, turn radii not large enough to accommodate trucks, and no specifics regarding noise, all of which negatively impacts the quality of life of the neighborhood She asserted another location would be better In response to Commissioner Conway, Ms Crosier pointed out her residence on the map and stated she has not conversed with Mr Cruz Curtis McKay, SPO, pointed out his residence on the map and stated the noise from the pipes is loud and wakes him up He cited concerns with noise, safety issues with three (3) bus stops within 100 yards of Mr Cruz's property, the road being too narrow to improve for a turn lane or bigger turn radii, and potential for traffic accidents He stated he does not personally know Mr Cruz, but he did meet him one time at the neighborhood meeting, however, he has never been contacted by him In response to Chair Moreno, Mr McKay stated he does not see how this can be mitigated a Patricia Gibson, SPO, pointed out her property on the map and stated concerns to include obnoxious noise from pipes being dropped, traffic, turn radii for semis is too narrow and forces them to turn into oncoming traffic, no shoulders and deep ditches which make mitigation for road improvements impossible, storage of chemicals, environment, and overall incompatibility with the rural residential area Jose Gonzales, business partner with Mr Cruz, stated they have employed only Weld County residents since 2010, with all employee salaries ranging between $70,000 to $120,000, 2018-2310 PL2564 HEARING CERTIFICATION - JUAN IGNACIO CRUZ C/O CENTENNIAL TOOLS AND SERVICES, LLC (USR18-0032) PAGE 4 which is spent locally He provided the history of the business and he explained they are very conscientious of the neighbors and the community because they are a part of the community He described the circumstances of where the business was located before and that it was possible to mitigate on a smaller site and it should be possible to mitigate on this larger site Mr Gonzales requested the opportunity to work through the concerns and come to an agreement In response to Commissioner Kirkmeyer, he explained the pipe facet of the business as new and only for the last seven months Mr Knapp responded to the public input and recognized compatibility as being a major issue for the neighbors, however, he referred to the Planning Staff review which found the Use to be compatible based on the surrounding agricultural uses and other oil and gas uses in the area He reviewed the Weld County Code references to include Sections 23-3-40 A 2, 23-2-220 A 2, and 23-2-200 A 3, to prove compatibility in the area and consistency with Code requirements He stated he understands the drawbacks to residential living surrounded by other uses Mr Knapp reiterated that Mr Cruz is a resident of the community and will continue to live on the property He rejected the assumption that Mr Cruz will be adding substantial traffic to CR 53, which already has an average of 2,300 vehicles daily and stated to pin the blame on Mr Cruz is not fair He explained they are dedicating ten (10) feet of right-of-way for future improvements and the traffic counts associated with the business do not warrant triggers for improvements, but they will comply with signing an Improvements Agreement, and have agreed to improve the site entrance to make a wider turn to prevent turning into oncoming traffic Mr Knapp stated again that Mr Cruz is also concerned with the safety of the bus stops and has agreed to exclude, from his hours of operation, the times the bus is scheduled to make those stops and the School District submitted a letter stating this satisfies the concern He clarified there will be no hazardous material stored on -site, all chemicals used for truck repairs will be housed inside the proposed building, and hydrovac trucks only carry water Mr Knapp stated the main concern is the noise related to the pipe loading and offloading and he offered to show good will to the neighbors and address this concern by adding a Condition stating there will be no pipe storage or loading or unloading of pipes on this site In response to Chair Moreno, Mr Knapp repeated the only storage related to the business will be truck storage Chair Moreno recessed the hearing at 11 42 a m ,` Chair Moreno reconvened at 11 48 a m In response to Commissioner Conway, Mr Knapp clarified he is not requesting a continuance In response to Commissioner Kirkmeyer, Ms McMullan stated they just found a place that was willing to rent them some pipe racks to make it possible to store them elsewhere Mr Knapp interjected it is a major concession by Mr Cruz, which is why he waited to concede that part of the business until after public input 2018-2310 PL2564 HEARING CERTIFICATION - JUAN IGNACIO CRUZ C/O CENTENNIAL TOOLS AND SERVICES, LLC (USR18-0032) PAGE 5 El In response to Commissioner Conway, Ms McMullan clarified the remaining business -related activities that would take place on -site In further response to Commissioner Kirkmeyer, she stated the need for the move is due to growth and the trucks are currently parked on Mr Cruz's property which caused the violation tIM Commissioner Kirkmeyer requested the Board open the public input to allow the public to comment on this new information In response to Chair Moreno, Mr Haug stated it is permissible to reopen public input as long as the applicant can respond to the additional comments Commissioner Conway interjected the neighbors have not had an opportunity to review this substantial change and suggested a short continuance to allow the applicant to schedule a meeting with the neighbors and review the offer to concede the pipe storage. Commissioner Conway moved to continue the request of Juan Ignacio Cruz, c/o Centennial Tools and Services, LLC, fora Site Specific Development Plan and Use by Special Review Permit, USR18-0032, for an Oil and Gas Support and Storage Business (commercial truck maintenance, parking and outdoor storage) in the A (Agricultural) Zone District, to July 25, 2018, at 10 00 a m , to allow the applicant an opportunity to schedule a neighborhood meeting to discuss mitigation The motion was seconded by Commissioner Kirkmeyer, who stated she expects the applicant to meet with neighbors and understand the neighbors will have an opportunity to comment again at the continuance hearing Commissioner Conway stated to the neighbors that this is an opportunity to review this new information and return with comments, and to the applicant, he stated this is an opportunity to demonstrate being a good neighbor and work with them regarding further mitigation There being no further discussion, the motion to continue carried unanimously and the hearing was completed at 12 00 p m 2018-2310 PL2564 HEARING CERTIFICATION - JUAN IGNACIO CRUZ O/O CENTENNIAL TOOLS AND SERVICES, LLC (USR18-0032) PAGE 6 This Certification was approved on the 23rd day of July, 2018. ATTEST: ≥titt4jgj) sc zh,;cr Weld County Clerk to the Board Deputy Clerk to the Boar AP P VE D AS T Coun y Attorney Date of signature: D8-13�/8 BOARD OF COUNTY COMMISSIONERS WELD_ C UNTY, COLORADO >7910 ---t_e„..e,r Ste Moreno, Chair /La_ • Barbara Kirkmeyer, Aro-Tern Sean P. Conway EXCUSED Julie A. Cozad 4 Mike Freeman 2018-2310 PL2564 ATTENDAN E LIST DATE: 1� � J $ NAME - PLEASE PRINT LEGIBLY EMAIL z ADDRESS COUNTY OF RESIDENCE _ SPEAKING? (Y/N), Coam N 0 S&II, orn ZS 3© C -E. S e \dt_.1& b r i s0ka.A-- L1; ferec frJtt.'i%Zc/, ca/. cy Q5 P l�� , � �� puss �<<� i 'k_ . �o� 3�0 �,� ,� C�:' . tKr:$4k j{ C5o� � � eo1a 00.--.0)e) t, atoll . w oky k2Jgrev re-,� I p. co , 3`10 va.,, a.., 0/.. C st e c ,3C4r $0-- Qxk( Am S “\_ CLm 42, \ ZS 3 cl LQ S3 tiaS iy,nC.J..t (--k-1 S o 3�J Z.S2o3 Verse LOQ' �k4. CR 53 v Sn-izkH -2 • radie/. ca rral Ma, loom t209.2 Ct � ni 6O&ic , 1 L y 1%1A -ilia+ (ti Am -,oKt.i-g-9 asarak ( ensPP ©4 vl 1 f rro r `. , 1 10 IIAC. g 9k.. 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