The URL can be used to link to this page

Browse Search

Home My WebLink About20182140.tiffHEARING CERTIFICATION DOCKET NO. 2018-68.B 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 AND PARKING) IN THE A (AGRICULTURAL) ZONE DISTRICT - JUAN IGNACIO CRUZ, C/O CENTENNIAL TOOLS AND SERVICES, LLC A public hearing was conducted on July 25, 2018, at 10 00 a m , with the following present Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro -Tern Commissioner Sean P Conway Commissioner Julie A Cozad 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 Department representative, Evan Pinkham Health Department representative, Lauren Light The following business was transacted 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 on July 18, 2018, to consider the request of Juan Ignacio Cruz, c/o Centennial Tools and Services, LLS, 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, at which time the Board deemed it appropriate to continue the matter to July 25, 2018, at 10 00 a m., to allow the applicant adequate time to schedule a community meeting regarding new information On July 25, 2018, Frank Haug, Assistant County Attorney, made this a matter of record IM Commissioner Cozad recused herself from this hearing due to not being present for the original hearing V In response to Chair Moreno, Mr Haug stated there was a request by the applicant to remove the pipe storage from the application and the public may comment on this new information with a response to follow from the applicant El Angela Snyder, Department of Planning Services, presented a brief summary of the neighborhood meeting and, as a result, the continued efforts to mitigate by the applicant to include addition of a new Development Standard to stipulate the USR as non -transferable, adding to the Development Standard (DS) #3 regarding the hours of operation the exclusion of the school 0„t: pLlrW / Prsl, f'W CEP) , EP, CLt-) t (,) o$I rs re 2018-2140 PL2564 HEARING CERTIFICATION - JUAN IGNACIO CRUZ C/O CENTENNIAL TOOLS AND SERVICES, LLC (USR18-0032) PAGE 2 bus route hours, formulating two (2) new DS to prevent the storage of radioactive or hazardous material onsite, and lastly, to stipulate that no oilfield pipe shall be stored onsite Cameron Knapp, Project Engineer, represented the applicant and stated they had a neighborhood meeting on July 20, 2018, attended by four (4) couples, and submitted the minutes (Exhibit I) to the Board and to the neighbors, which encapsulated the discussion regarding the concerns related to traffic, hazardous and radioactive material, and non -transfer of the USR However, after further examination, Mr Cruz is requesting to retract the offer to stipulate the USR as non -transferable due to financial investment and future value of the property with the USR attached He concurred the meeting went very well, was cordial with much dialogue and ended with a positive and reassured feeling that the proposal could be mitigated to reflect compromise and agreement Joann Crosier, surrounding property owner, stated she felt the neighborhood meeting was very positive and she received more insight as to what Mr Cruz is proposing for the business She agreed the applicant is making accommodations for the neighborhood and the school district, however, she stated she is concerned regarding the transfer of the USR because a new owner could make changes that are not in consideration of the neighborhood ,` In response to Mr Haug, Ms Snyder clarified Mr Cruz needs the USR to park more than one (1) commercial vehicle Commissioner Kirkmeyer explained a new property owner may apply for a new USR or for an amended USR, therefore, making it non -transferable is not an issue and having it in place may be more beneficial due to transparency Jack Bauer, SPO, stated he was not able to attend the original hearing He began by stating he likes the Cruz family and spoke highly of the children, however, he is opposed to the semi parking and does not wish to wake up to the smell of diesel and the noise of trucks warming up and he is concerned regarding the safety issue regarding the school bus route He stated the site is not compatible because of the residential neighborhood and he does not want to see an industrial use be followed by other commercial and industrial uses and watch the character of the neighborhood deteriorate 404: - Duane Naibauer, SPO, stated he agrees with the comments of Mr Bauer and wants to keep the community residential He expressed concern regarding CR 53 and the traffic and safety related to the additional semis He stated he does not want the community turned into an industrial area In response to Chair Moreno, Mr Pinkham clarified the average daily traffic count as 2,335 vehicles per day with 39% truck traffic tea, In response to Commissioner Conway, Mr Knapp responded to the additional public comments and stated the truck drivers are a part of the community and are willing to adhere to the hours of operation as amended to mitigate for the school district He further stated complaints can be made to staff and then brought back to the Board and the USR can ultimately be revoked 2018-2140 PL2564 HEARING CERTIFICATION - JUAN IGNACIO CRUZ C/O CENTENNIAL TOOLS AND SERVICES, LLC (USR18-0032) PAGE 3 He also reviewed the discussion with the School District Superintendent, who submitted a letter (Exhibit H) that clarified the newly restricted hours satisfy the needs of the school bus route and alleviates the concerns from the School District In response to Commissioner Kirkmeyer, Mr Knapp stated they are proposing 15 parking spaces Mr Cruz reviewed his response regarding traffic concerns and clarified the number of trucks and employees associated with this Use In response to Commissioner Conway, Mr Cruz stated worst case scenario there would be 18 trucks and trailers parked on -site The Commissioners reviewed the amendments submitted by staff (Exhibit J) to include the change to Development Standard (DS) #3 regarding the hours of operation excluding the bus route hours when school is in session, a new DS stipulating no radioactive or hazardous material shall be brought on to the site, a new DS stipulating no oilfield pipe shall be stored on -site Commissioner Freeman stated he does not agree with the non -transferable suggestion Commissioner Conway agreed with Commissioner Freeman Commissioner Kirkmeyer concerning "outdoor storage" be deleted throughout the document She requested clarification to DS #4 employees accessing the site The Board agreed to amend DS #6 to limit the number of commercial vehicles allowed to be parked as 18 Commissioner Kirkmeyer suggested several changes to include amending DS #8 to reflect existing landscaping/screening, a new DS #9 stipulating no storage of oil and gas pipelines on the property, a new DS #13 indicating no radioactive or hazardous material shall be stored or transported to the site, and lastly, amending DS #14 to change the noise limit from Commercial to Residential The Board agreed with all the aforementioned amendments IR In response to Chair Moreno, Mr Knapp stated Mr Cruz would like to be able to store tools and his personal items on the property Commissioner Kirkmeyer clarified DS #9 to specify no outdoor storage related to the truck maintenance or parking In response to Chair Moreno, Mr Knapp, on behalf of Mr Cruz, indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended Commissioner Kirkmeyer stated she is going to support the application because the USR puts guidelines on the development to assist with compatibility and she expressed appreciation for Mr Cruz making the effort to meet with the neighbors and to mitigate the application She clarified if the guidelines are not followed, there is an enforcement process to bring it back before the Board Commissioner Freeman agreed with the comments made by Commissioner Kirkmeyer and he pointed out the restriction on the hours for the school bus route were not in place a week ago and now they are Commissioner Conway concurred and stated the Board put requested restrictions in the Development Standards and he reminded the community that they offered a positive opinion of Mr. Cruz and he believes the applicant will follow through Chair Moreno expressed his appreciation for the applicant listening to the concerns of the neighborhood and responding with changes and he encouraged the applicant to continue to be a good neighbor 2018-2140 PL2564 HEARING CERTIFICATION - JUAN IGNACIO CRUZ CIO CENTENNIAL TOOLS AND SERVICES, LLC (USR18-0032) PAGE 4 lt Mr Haug advised the Board to make findings within the motion to support the application U Commissioner Freeman moved to approve 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 and parking) in the A (Agricultural) Zone District, based on the findings of the Board of County Commissioners, with the Conditions of Approval and Development Standards as amended and entered into the record He stated it is consistent with Chapter 22 and the intent of the Agricultural Zone District, with truck parking, and the use is compatible with surrounding land uses as there are other oil and gas uses in the area and it is compatible with future development due to an increase in oil and gas in the area He stated it is not in an overlay district and is not removing prime agricultural land as it is a home site with a small acreage, and the design standards, Conditions and Development Standards have been mitigated and provide for the health, safety and welfare of the neighborhood and citizens of Weld County The motion was seconded by Commissioner Conway who concurred the application is consistent with Sections 23-2-230 B 7 and 23-2-250 which ensure adequate provisions for the health, safety and welfare of the citizens and this was supported by the restriction of truck traffic during school bus route hours He further stated the proposed use is consistent with Sections 23-2-230 B 1, 23-2-230 B 2, 23-2-230 B 3, 23-2-230 B 4, 23-2-230 B 5, and 23-2-230 B 6, with the findings as stated, and he expressed his appreciation for the public participating in the process and the involvement minimized the impact Commissioner Conway thanked Mr Cruz for listening and trying to accommodate neighbors Commissioner Kirkmeyer also incorporated the comments made by Planning staff She thanked the neighbors for their participation, reiterated the importance of having the control measures and guidelines in place, and thanked the applicant for his efforts to mitigate There being no further discussion, the motion carried unanimously, and the hearing was completed at 11 05 a m 2018-2140 PL2564 HEARING CERTIFICATION - JUAN IGNACIO CRUZ C/O CENTENNIAL TOOLS AND SERVICES, LLC (USR18-0032) PAGE 5 This Certification was approved on the 30th day of July, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: a-at/4A) ‘#d40;eA Ste yp Moreno, Chair Weld County Clerk to the Board arbara Kirkmeyer, PPo-Tem BY: Deputy Clerk to the Boa Sean P. Conway Air ,..County -A orney Mike Freeman Date of signature: D8-/3#18 2018-2140 PL2564 ATTENDANCE LIST DATE: 7-7254_0( 8 NAME = PLEASE PRINT. LEGIBLY-' * EMAIL- ' 'e „ _ ; r:ADDRESS ' '' _ , . :COUNTY iOF RESIDENCE_' , SPEAKING?I1'/N) lac k )3 a,u a v✓ s batter- culad--it,,°re ,(%0 Zcc (S c S"3 Kerscy ti/de Vef O c'aivr., ©.1 cr ID- Jn Lrc,'wl,c4-N,t i ft. cosy 2-53o3 c.'.53 Ke€'5 \C'i c h e -1 1 cy& +J e y 650-kh ey@ C e, +, tv.± 5q5 & (01 A - 1 Bill l Csa 7z-ci q 671 er 6 ��nlrcrsf �+.� 5 �f ,. Al & 6 V' IAJ-e-0/ _7-2; 62,,,A0v, 7' -/,,fl ai2oa iet c9 , 7 3 /`' 1‘ /. e__ /) /4,0 4.1)o Enka . , ke o Q, +:044 �Acigp ( 11©,- Al kleA 0� �-� 7.A7 sAso N Ra Y/�rC ,tip n/cf's�llsarv®y/�'hc� i� S 5(, Av. 6�AUC' �j/��c e7/ v/ et olii(--( .5aeGid d6_ bli� OW C ki44 ��1A' &P a ' miyi-A i -fro / ,4 t(Jci)1 r6 A-vvvLs4-rnA-7 +rd Sa,rnas rfiksPs�.t tt . 3�1 Vice,`` ea1J0',Lo 4w) d't-vIA'P,u' �,�/ (R ►r�Q r ►�, (5` r icLin r\OCk-A,1i es - a -r, t csNA 5 9 a ti Wal-' 4r -e i,L) J Ck- N Hello