HomeMy WebLinkAbout20150091.tiff HEARING CERTIFICATION
DOCKET NO. 2014-82.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0039, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (HEAVY EQUIPMENT, TRUCKING AND TRUCK REPAIR SHOP, ALONG
WITH OUTSIDE EQUIPMENTNEHICLE STORAGE AND STAGING) 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— EUDEN AND BIANCA BALDERRAMA
A public hearing was conducted on January 28, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanciorena
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
el I hereby certify that pursuant to a notice dated September 18, 2014, and duly published
September 23, 2014, in the Greeley Tribune, a public hearing was conducted on October 29,
2014, to consider the request of Euden and Bianca Balderrama, for a Site Specific Development
Plan and Use by Special Review Permit, USR14-0039, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy
equipment, trucking and truck repair shop, along with outside equipment/vehicle storage and
staging) 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, at which time the Board deemed it necessary to continue the
matter to December 17, 2014, to allow for consideration by the Planning Commission.
Brad Yatabe, Assistant County Attorney, made this a matter of record.
A public hearing was conducted on December 17, 2014, at which time Kim Ogle, Department of
Planning Services, stated the applicant was requesting a continuance due to the recent death of
their consultant, Larry Carroll. The Board deemed it necessary to continue matter to
January 28, 2015. Brad Yatabe, Assistant County Attorney, again made this a matter of record.
e Kim Ogle, Department of Planning Services, presented a brief summary of the proposal on
January 28, 2015, to include reasons for the continuances and mention of the applicant's new
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representative. This site is located within the three (3) mile referral area of the City of Fort
Lupton which had concerns regarding annexation and the impact to CR 18 and other City
streets the applicant would use. The proposed facility has 25 surrounding property owners
within 500 feet, and staff has received four (4) letters of opposition with three (3) of those being
from neighbors adjacent to the proposed facility. The summary of concerns are identified as
truck traffic, hours of operation, noise, safety, smoke and exhaust from the trucks, safety,
security, environmental issues and incompatibility. Mr. Ogle stated the applicant will be required
to submit a screening plan, parking plan and a lighting plan as Conditions of Approval. This
case has an active zoning violation initiated due to the operation of an active trucking business
without the proper permits. If the case is approved it will correct the violation; however, if denied
the property will need to be cleared of all components related to the business or the case will
proceed to court. The property is proposed for the future home, farm and base of operations for
the trucking company. 13 referral agencies have reviewed this case and 9 returned comments.
The Planning Commission recommended denial based on the Use not being compliant with
intent of the agriculture zone district, the existing surrounding land uses, or the future
development of the surrounding uses. The applicant's representative has created a revised plan
with suggestions to aid in the approval process and address the concerns of the surrounding
property owners. Mr. Ogle reviewed photos of the property, accesses and surrounding areas.
ID Jennifer Petrik, Department of Public Works, provided a brief overview of the
transportation plans and requirements including road status, average daily traffic counts, and
number of people and equipment accessing the site. Ms. Petrik verified certain conditions that
must be met to include: show the accepted water quality feature on the map; an Improvements
and Road Maintenance agreement for CR 18; a grading permit may be required; maintenance
of weeds; and parking of vehicles on county roads is not allowed.
la Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. The applicant stated they would provide commercial septic and a commercial
well when the shop is constructed, until then they have agreed to provide portable toilets and
bottled water. She also detailed the Dust Abatement Plan, Waste Handling Plan and noise
restrictions.
El Deanne Fredrickson, AGPROfessionals, represented the applicant and stated they have
owned and operated from the property since 2005. Today Mr. Balderrama has 10 trucks and is
requesting approval for up to 15 trucks to be able to grow his business. The applicant did not
realize he needed a Use by Special Review Permit to be able to park the trucks on his property.
The trucks have been moved off-site since the notice of violation and he has been cleaning up
the site. The trucks are used to haul fracking sand and drivers would come to the site max 60
trips per day. The applicant is also requesting approval for a four thousand square foot shop
building to be used for truck repairs, and there would be a total of two full time employees once
the shop is built. Ms. Fredrickson summarized adjacent or surrounding USRs and is of the
opinion that the applicant's business is a complementary fit to the community. She outlined the
changes from the previous plan versus the current plan and stated the revised plan was mailed
to adjacent owners explaining the changes. The site has been cleaned up and he is not actively
using the property. She insisted the application for a Use by Special Review Permit is consistent
with the Weld County Code and compatible to the Comprehensive Plan. She displayed photos
and maps to support the applicant's efforts to comply requested approval.
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El In response to Commissioner Conway, Ms. Fredrickson clarified she received one call
from a surrounding property owner stating the changes made were not enough. In response to
Commissioner Cozad, she did speak to someone regarding annexation and it was determined
the property is not eligible at this time. Further responding to Chair Kirkmeyer, she stated the
property is in the three (3) mile referral area of Fort Lupton but it is not contiguous and again
there is no interest to annex at this time.
e Amber and Sam Cardillo, surrounding property owners located 530 feet from the proposed
USR, purchased their property in 2000 and communicated their strong objection to the
application. In 2008, they had a similar issue with a surrounding property owner operating a
trucking business; Mr. Dexter purchased that property and has worked for two years to clean it
up. The neighboring USR properties are nothing compared to having 15-17 semis coming in
and out. The other trucking companies in the area have 3 trucks each, which are not semis. 17
semis, seven days a week, will cause dust, noise, diesel fumes from starting and idling, etc.
Mr. Cardillo also expressed his concern with future water related issues regarding natural
drainage patterns and the possible affect to his personal well. In response to the portable
toilets, he is concerned human waste will be another issue with 17 people on-site, not to
mention the unsightly view of port-a-lets 200 feet from his porch, and concerns regarding the
mitigation of waste disposal. Mr. Cardillo is worried they will be living in a truck stop. They are
asking the leaders to protect their rights as homeowners living in a community currently zoned
Agriculture.
In response to Commissioner Cozad, Mr. Cardillo stated the applicant has moved the
trucks temporarily, but it doesn't change the impact the business will have on surrounding
property owners should it be approved. In response to Chair Kirkmeyer, Mr. Cardillo pointed out
the location of the greyhound kennels in relation to their property and stated the noise and other
issues from the kennels are not comparable to the proposed trucking business.
Fl Dale Dexter, neighbor, took the advice of familiarizing himself with the County Code, and
shared his experience of purchasing his property in 2012 and performing extensive cleanup
after the trucking business moved out. He concluded this USR does not coincide with the Weld
County code, mentioned historical rejections of similar cases, and clarified he did not receive a
letter. The zoning has not been changed to commercial or industrial, it remains agricultural. He
listed his concerns with exhaust smoke to include questionable mitigation, and the impact and
hazards to the environment, livestock and residents. Mr. Dexter reiterated that the request for
15 trucks does not meet the requirements of a USR in that area zoned agriculture, and now with
the possible environmental hazards created from additional semi trucks, it further limits his own
use of his property regarding the dangers to livestock. As responsible neighbors, the concern is
that certain requirements will not be met once approved and the County will not be present to
enforce the obligations of the applicant. In conclusion, he applauded the business aspect but
encouraged them to move the business to an area that is zoned commercial/industrial.
F1 Commissioner Moreno expressed his appreciation for Mr. Dexter's comments and agreed
it is a difficult situation.
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e Chair Kirkmeyer called for a ten minute recess at 11:54 a.m., and reconvened at
12:02 p.m.
Fl Ms. Fredrickson to the public input by stating that the applicant now has 10 trucks and is
asking for 15 trucks, and is not asking to change the zoning. She stated the applicant will be
subject to numerous Conditions of Approval and Development Standards, and they have done
everything possible to mitigate the impact of the business to include screening, a nine acre
easement, and the agreement to use block heaters in the winter to reduce idling time. In
response to Chair Kirkmeyer, she stated the applicant is asking for a total of 15 trucks at total
buildout.
El In response to Commissioner Cozad, Ms. Fredrickson confirmed the applicant would be
willing to reduce the number of hours on the weekend if it meant approval. Also in response to
Commissioner Cozad regarding emissions regulations, Ms. Light clarified state ratios
referencing odor emissions and biosolids emissions and concluded that these are addressed in
the Development Standards.
Fl In response to Commissioner Moreno, Mr. Ogle conveyed the date of violation as April,
2013, and stated the complaint probably came in a couple months prior to that with no other
recorded prior complaints.
Fl Commissioner Cozad expressed her appreciation to the neighbors for their participation in
the process and her supportive stance to the applicant because of the revisions to the
application since the hearing at Planning Commission. She further conveyed the Conditions of
Approval and Development Standards are a tool available to the surrounding property owners to
use for mitigation. Commissioner Cozad suggested a change to Development Standard #3
regarding the hours of operation. The change would reflect 6:00 a.m. - 10:00 p.m. Monday
through Friday, and 8:00 a.m. - 10:00 p.m. Saturday through Sunday. The remaining
Commissioners concurred.
II Chair Kirkmeyer agreed with Commissioners Cozad and Moreno regarding the difficulty of
this case, and expressed being more inclined to agree with Mr. Dexter and the Cardillos. Being
a fellow homeowner in unincorporated Weld County, she reiterated that landowners are asked
to tolerate a lot of issues affecting their personal property rights. She will not be supporting the
application.
El Commissioner Freeman clarified the dates of purchases among the property owners and
the high number of existing traffic counts in relation to the additional traffic proposed by the
application. He expressed his opinion that the applicant's business does fit in to the community
and he will be supporting the request.
Fl Commissioner Moreno stated his position to support the USR.
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le Commissioner Conway concurred that the case is a tough one and expressed there must
have been a tipping point regarding growth to the business that has pushed these neighbors to
object.
Ms. Fredrickson clarified the applicant did begin with two trucks and has grown the
business to ten trucks.
El In response to Chair Kirkmeyer, Mr. Ogle clarified there is not a Development Standard
limiting the number of trucks. Further, Commissioner Conway agreed the applicant has made an
effort to mitigate concerns related to Planning Commission and the surrounding property
owners; however, given the difficulty of the case, he remained undecided and invited his fellow
Commissioners to comment further.
le Chair Kirkmeyer expressed her understanding of normal traffic related to agriculture but
stated the disruptive difference of semi's starting up in the mornings and idling. Commissioner
Cozad concurred and suggested limiting the number of trucks to ten, and recommended adding
the block heaters as a requirement in the Resolution.
le Commissioner Cozad made a motion to add an additional Development Standard limiting
the number of trucks to ten (10). Commissioner Moreno seconded the motion and it carried
unanimously. (Clerk's Note: added as Development Standard#4.)
Fl In response to Chair Kirkmeyer, Euden and Bianca Balderrama, represented by
Ms. Fredrickson, indicated they have reviewed, and agree to abide by, the Conditions of
Approval and Development Standards, as amended.
El Commissioner Cozad moved to approve the request of Euden and Bianca Balderrama for
a Site Specific Development Plan and Use by Special Review Permit, USR14-0039, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (heavy equipment, trucking and truck repair shop, along with outside
equipment/vehicle storage and staging) 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, 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 with a roll call vote of 3-2 with Chair Kirkmeyer and
Commissioner Conway opposed. Commissioner Conway first expressed his appreciation for
the applicant's willingness to reduce the number of trucks, and second conveyed his agreement
with Chair Kirkmeyer and comments of the public regarding landowner rights as being the
reason for his vote of opposition. There being no further discussion, the hearing was completed
at 12:29 p.m.
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This Certification was approved on the 2nd day of February, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
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