HomeMy WebLinkAbout20150260.tiff HEARING CERTIFICATION
DOCKET NO. 2015-08
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0064, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (A SHOP, EMPLOYEE AND COMMERCIAL TRUCK PARKING)
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 - CENTENNIAL TOOLS AND SERVICE, LLC, C/O JOSE
GONZALEZ, AND AURELIO GONZALEZ
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 Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Diana Aungst
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
le I hereby certify that pursuant to a notice dated December 19, 2014, and duly published
December 24, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of Centennial Tools and Service, LLC, do Jose Gonzalez, and Aurelio Gonzalez, for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0064, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (a shop, employee and commercial truck parking) 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.
Brad Yatabe, Assistant County Attorney, made this a matter of record.
e Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, mentioning there were 11 referrals sent out and 7 did not respond or indicated no
concerns. She verified the number of employees, hours of operation, and other details related to
storage, lighting and the site layout in regard to parking and flood hazard. The applicant has
submitted a Flood Hazard Development Permit. The case is an active zoning violation, due to
the presence of a commercial operation without proper permits. If this case is approved, it will
correct the violation, if it is denied, it will proceed in court. She indicated the location of the site,
described the surrounding land uses, and mentioned receiving two (2) letters of concern from
surrounding property owners. Ms. Foos, neighbor, was addressed by the applicant at Planning
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HEARING CERTIFICATION - CENTENNIAL TOOLS AND SERVICE, LLC, C/O JOSE
GONZALEZ, AND AURELIO GONZALEZ (USR14-0064)
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Commission and is no longer opposed, and the other surrounding property owner did not
attend. She stated the site is not within a three (3) mile referral area of any municipality, and
entered the favorable recommendation of the Planning Commission into the record as written.
She displayed photographs of the property and adjacent views.
El Jennifer Petrik, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements including the site location, number of employees,
traffic trips being generated by the business, and average daily traffic counts. A Weld County
Access Permit has been granted, AP14-00374, including requirements for access
improvements and tracking controls. She reported the site is not in a Geologic Hazard area, has
received an accepted water quality depression report, may require a Weld County Grading
Permit, and weeds must be maintained.
lel Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating the business will eventually install a commercial septic system based
on the requirements of the Conditions of Approval and the Development Standards; however,
portable toilets and bottled water are approved for the interim. She conveyed the terms of the
Dust Abatement and Waste Handling Plans and reported that there will be no washing of
vehicles or fuel storage. Staff had no outstanding issue with request.
IR In response to Chair Kirkmeyer, Ms. Aungst stated there is currently no augmentation
planned to the well. If it becomes necessary to use a well in the future, it will need to be a
Commercial well system as mentioned in the Development Standards. Currently, they are
approved to use a portable toilet and bottled water to meet septic and drinking water
requirements. Ms. Petrik further responded with clarification regarding Water Quality Features
and protecting downstream waterways.
IR Jose Gonzales, owner, was present in conjunction with Kurtis Williams of JR Engineering,
who represented the applicant and explained the primary functions of the business as tool
rentals and water truck service. They are requesting a permit for a shop that allows them to run
the business. Mr. Williams displayed a PowerPoint presentation of the site location, parking, the
raised elevation, drainage and water quality features, trash enclosure and port-a-potties, which
will be screened. He further explained the screening and landscape plan in response to
surrounding property owners.
El Jose Gonzales, owner, referred to a letter from neighbor, Roline Foos, labeled as Planning
Commission Exhibit #1. Mr. Gonzales answered each question raised by Ms. Foos before the
Board, and stated that he also answered these questions at the Planning Commission hearing.
Ms. Foos attended the hearing and stated she was satisfied with his responses and no longer in
objection to the USR. Her concerns included: number of and legality of employees and trucks;
types of materials being hauled; and liability insurance. Mr. Gonzales continued by addressing
the concerns of the 2nd letter, referred to as Planning Commission Exhibit #2, and received
from neighbor, Herbert Bollum. The letter included objections to the commercial business in an
agricultural neighborhood, and cited concerns with water, traffic, noise, lights, and lack of
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HEARING CERTIFICATION - CENTENNIAL TOOLS AND SERVICE, LLC, CIO JOSE
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compliance. Mr. Gonzales addressed each concern and stated his intent was never to be out of
compliance and he is making every effort to correct it.
le Commissioner Conway expressed his appreciation to the applicant for answering the
surrounding property owners' concerns and for his military service. In response to
Commissioner Cozad, Mr. Gonzales stated his intent for a future residence at this location;
however, currently his focus is the business. Mr. Williams further responded to Commissioner
Cozad regarding screening and landscaping.
No public testimony was offered concerning this matter. In response to Chair Kirkmeyer,
Mr. Gonzalez indicated he has reviewed, and agrees to abide by, the Conditions of Approval
and Development Standards, as amended.
ti Mr. Williams verified the acreage amount to Chair Kirkmeyer. After further discussion
amongst the Commissioners, it was suggested to delete Conditions of Approval #1.A.5 and
#1.A.6 and Development Standards #4 and #5. Further, Commissioner Freeman suggested
deleting Development Standard #3. The remaining Commissioners supported the amendments.
(Clerk's Note: Findings in the criteria paragraphs were modified consistent with the intent of
these deletions.)
Commissioner Conway moved to approve the request of Centennial Tools and Service,
LLC, do Jose Gonzalez, and Aurelio Gonzalez, for a Site Specific Development Plan and Use
by Special Review Permit, USR14-0064, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (a shop, employee
and commercial truck parking) 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 Freeman, and it carried
unanimously. Commissioner Conway thanked the applicant for being diligent in addressing the
violation and the concerns of the surrounding property owners. The other Commissioners
concurred. There being no further discussion, the motion carried unanimously and the hearing
was completed at 10:59 a.m.
2015-0260
PL2317
HEARING CERTIFICATION - CENTENNIAL TOOLS AND SERVICE, LLC, CIO JOSE
GONZALEZ, AND AURELIO GONZALEZ (USR14-0064)
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This Certification was approved on the 2nd day of February, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST:
/ , arbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
De u Clerk to the =oard Z�"� E
cean P. Conway
t t1at °p•;,�i4re _ '
ie A. Cozad
,. EXCUSED DATE OF APPROVAL
' Steve Moreno
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