HomeMy WebLinkAbout20151876.tiff HEARING CERTIFICATION
DOCKET NO. 2015-34.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0068, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (TRUCKING AND TRUCK REPAIR, ALONG WITH OUTSIDE EQUIPMENT,
VEHICLE STORAGE AND STAGING, AND MATERIALS ASSOCIATED WITH THE
CONSTRUCTION BUSINESS) 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, AND MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (STORAGE OF CLEAN EMPTY
FRAC TANKS) IN THE A (AGRICULTURAL) ZONE DISTRICT - LASALLE RENTAL
PROPERTY ONE, LLC, C/O HERSCHEL HOLLOWAY
A public hearing was conducted on July 1, 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, Kim Ogle
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated March 20, 2015, and duly published
March 25, 2015, in the Greeley Tribune, a public hearing was conducted on May 6, 2015, to
consider the request of LaSalle Rental Property One, LLC, do Herschel Holloway, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0068, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (trucking and truck repair, along with outside equipment, vehicle
storage and staging, and materials associated with the construction business) 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, and Mineral Resource Development
Facilities, including Oil and Gas Support and Service (storage of clean empty frac tanks) in the
A (Agricultural) Zone District, at which time the Board deemed it advisable to continue the
matter to July 1, 2015, to allow the applicant adequate time to address issues with a commercial
access across the Western Mutual Ditch onto lands owned by the applicant and to have a
hearing before the Planning Commission. On July 1, 2015, Brad Yatabe, Assistant County
Attorney, made this a matter of record.
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HEARING CERTIFICATION - LASALLE RENTAL PROPERTY ONE, LLC, 0/O HERSCHEL
HOLLOWAY (USR14-0068)
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Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and the reason for the prior continuance to allow the applicant time to pursue a safer and more
efficient vehicular access location. He stated the site has an active Zoning Violation (ZCP14-
00123), due to the operation of a commercial trucking operation without the proper permits.
Legal action has been initiated by staff and County Attorneys. If this application is approved, it
will correct the oustanding violation; if denied, the commercial trucking business shall be
removed within 30 days. Mr. Ogle explained the site location to include the improvements, and
stated it is located within the three (3) mile referral area of the City of Evans and the Town of
LaSalle. No referral response was received from the City of Evans, and the Town of LaSalle
returned a response dated January 27, 2015, requesting the business not use Main Street or
First Avenue, located within the Town's incorporated limits, for the trucking routes. Mr. Ogle
described surrounding properties, residences and uses, and reviewed correspondence to
include negotiations in process with the Western Mutual Ditch Company for the use of the
bridge. He outlined the proposal for the busines to include number of trucks, storage,g , hours of
operation, and truck trips. Mr. Ogle reviewed the Planning Commission requirements for specific
parking and site circulation, and lighting. He stated staff
map delineations regarding screening,
sent out 15 referrals and received seven (7) responses offering comments, some of which have
been included as Conditions of Approval (COA) and Development Standards (DS). Lastly, he
displayed a PowerPoint presentation of the site and surrounding views and uses, and entered
the favorable recommendation of the Planning Commission into the record as written. In
response to Commissioner Conway, Mr. Ogle stated the site has been in violation for over a
year.
Jennifer Petrik, Department of Public Works, provided a brief overview of the
transportation plans to include the average daily traffic count and proposed daily truck trips. She
reviewed the gate entrance requirements, tracking control and Improvements Agreement.
Ms. Petrik stated the site is not in a Geologic Hazard or Floodplain area and a Weld County
Grading Permit will be required if distrubing more than one (1) acre. She reviewed the typical
DS relevant to the Department of Public Works. In response to Chair Kirkmeyer, Ms. Petrik
clarified there will be 42 truck trips per day. In response to Commissioner Cozad, Ms. Petrik said
the applicant will provide the expected haul routes and these will be documented in the
Improvements Agreement as well.
ID Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating Central Weld County Water District provides water service to the site
and there is an existing septic system that is currently being used that has been deemed
adequate by the Engineer review. She stated that because there will be maintenance of
vehicles on this site several of the development standards reflect the relevant requirements ( DS
#12, 13, 16, and 17), and DS #5-18 address other relevant requirements of the Department of
Public Health and Environment. In resposne to Commissioner Conway, she stated there will be
25 persons allowed on-site and she also confirmed the septic is adequate to handle the number
of persons based on gallons per day.
Ms. Petrik clarified for Commissioner Cozad that the Town of LaSalle has concerns about
truck traffic through town and has requested the applicant's trucks travel on routes to the south
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and this will be included on the Improvements Agreement.
El Sheri Lockman, Lockman Land Consulting, LLC, represented the applicant and stated the
challenges of the applicant needing to operate the business and wanting to complete the USR
as quickly as possible to absolve the active zoning violation. However, the current access is not
viable and has caused a delay as the applicant had to seek out another access, contact the
neighbor, and negotiate an agreement to expand the existing lot to include a safer and more
efficient access for the business, which would also serve as an access for oil and gas traffic at
the location. She added that the current access is not feasible because the design of the bridge
would require too much money to correct for heavy semi traffic and the location is not safe or
beneficial. Ms. Lockman clarified that these delays have added time and money to the active
zoning violation process resulting in fines and involvement of the County Attorneys. She stated
the new access location has been handling trucks and equipment and is a shared access with
Mr. Stroughower, which is the neighbor that negotiated the access agreement. In response to
the closest neighbor across the road, Ms. Lockman stated Mr. Holloway has agreed to add
screening to mitigate lights shining onto neighbor property and wanted to clarify, in response to
Commissioner Moreno, that the picture of the truck shown in the PowerPoint presentation was
not one of Mr. Holloway's trucks. In response to Commissioner Conway, she stated the current
bridge access would be removed and screening would be added. Further, in response to
Commissioner Conway, Mr. Holloway stated the truck routes would not be going through
LaSalle. In response to Commissioner Cozad, Ms. Lockman stated it is currently a shared
access as agreed upon, and the turning radii will be part of the improvements once the
application is approved and improvements can be made to complete the new access as
required by the USR.
Bill Jerke, closest neighbor to the west, stated he has been dealing with this for a year and
a half, and is not asking that the applicant be turned down. He gave the history of the property
and conveyed his frustrations with the prior owner and the current situation. He mentioned the
property has a "for sale" sign and he is concerned about whether the intent is to operate the
buisiness or to sell the property. Mr. Jerke listed his concerns to include: the current bridge
access, negotiations with Mr. Stroughhower, vehicle count being much higher than the numbers
listed, employees coming and going all the time and honking, the road impact fee as the County
road has incurred damages already, the speed limit on the S curve, and hours of operation. He
further suggested perhaps the employees might enjoy having Sundays off, and the four major
holidays. He also suggested no operations at night as the semi lights shine right into his
property. Mr. Jerke disagreed with the request from the Town of LaSalle stating there are
already high numbers of semi trucks traveling down Main Street so why discriminate against Mr.
Holloway.
In response to Commissioner Moreno, Mr. Jerke clarified the speed limits and
recommended a reduction and further suggested daylight hours of operation only as 6:00 a.m.
to 9:00 p.m. He conceded that the mitigated screening and improved ingress and egress may
help. In response to Commissioner Conway, Mr. Jerke suggested screening to be a solid six (6)
foot fence to mitigate the lights and noise. Further, in response to Commissioner Conway, he
confirmed the previous owner constructed the ditch bridge without the consent of the Western
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Mutual Ditch Company. Mr. Holloway interjected the bridge was there before he purchased
property.
El Chuck Jerke, Greeley resident, Bill Jerke's older brother and co-owner of the agricultural
property west of Mr. Holloways operation, stated his intent to expand on the safety aspects
regarding the turning radii of the semis requiring both lanes of traffic to turn and he expressed
his concern with other semi trucks or other traffic coming over the bridge at a high rate of speed
while a semi is turning. He stated moving the access will be a real benefit. He further expressed
his opinion that the County should put up signs regarding truck traffic 1,500 yards away in both
directions north and south and stated these potential safety problems need to be addressed.
El In response to Chair Kirkmeyer, Mr. Holloway pointed out the property for the new access
and stated he agrees with the Jerke brothers regarding decreasing speed limits and explained
how the new access mitigates several concerns of Mr. Jerke. Mr. Holloway has agreed to
suggestions from the Western Ditch to paint the access yellow and improve the ditch bridge,
and explained his agreement to add fencing for screening and working with Mr. Jerke. He
expressed that he wants to keep good neighbor relations. In response to Commissioner Moreno
regarding the suggestions to change the hours of operations, Mr. Holloway explained it is a 24
hour, seven days a week, business as driven by the oil and gas industry. He further explained
his different crews and offered to mitigate night time traffic by creating a parking location
elsewhere for the night time hours. In response to Commissioner Cozad, Mr. Holloway stated
that as soon as the application is approved, he can pursue the improvements, building
occupancy, and access improvements, he is just waiting on the permit. In response to
Commissioner Conway, he stated he could possibly have everything mentioned completed by
the end of August. Lastly, Mr. Holloway expressed his appreciation for staff assisting him in
getting this application in place.
In response to Commissioner Cozad, Ms. Petrik stated she will talk with Public Works
regarding the signage and this can be included in the Improvements Agreement.
Commissioner Cozad recommended moving Condition of Approval (COA) #5.B to become
the new COA #1.E under "Prior to recording the Plat." She further suggested a change to the
language to COA#1.D, to which Chair Kirkmeyer additionally suggested a new COA#1.A.6 —to
close the southern access and remove the bridge, before recording the plat. Ms. Petrik stated
that this is covered in the access permi; however, Chair Kirkmeyer stated it is imperative that
the bridge is removed, to which Commissioner Cozad added that part of the reasoning is the
timing. Commissioner Cozad also recommended deleting #5.C. Lastly, she suggested
discussing the hours of operation and how this could be mitigated. Commissioner Freeman
stated he understands the concern but clarified the nature of the business and reviewed the
sufficient mitigation of moving the access and putting up the screening. Commissioner Moreno
suggested adding language to limit to emergencies only. Commissioner Conway suggested
discussing the four holidays. Chair Kirkmeyer suggested deleting COA #1.A.10 regarding the
gate setback. Ms. Petrik stated this is included as a standard requirement and in this case can
be removed. Chair Kirkmeyer further suggested changing COA #1.B, as it is unfair and
inconsistent to press on one individual so the new language will read, "shall attempt to address
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the concerns". Chair Kirkmeyer recommended changing the wording of DS #16 to read, "only
clean, empty frac tanks", and lastly, she suggested creating a new DS #20 to read, "The
applicant shall attempt to limit truck vehicle lighting on adjacent properties."The Board agreed
with all the changes and additions being recommended.
Chair Kirkmeyer reviewed the amendments to the Conditions of Approvals and the
Development Standards and asked the applicant if they had any questions or concerns with the
changes. Mr. Holloway stated he did not. In response to Chair Kirkmeyer, Mr. Holloway
indicated he has reviewed, and agrees to abide by, the Conditions of Approval and
Development Standards, as amended.
El Commissioner Cozad moved to approve the request of LaSalle Rental Property One, LLC,
do Herschel Holloway, for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0068, for any Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (trucking and truck repair, along
with outside equipment, vehicle storage and staging, and materials associated with the
construction business) 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, and Mineral Resource Development Facilities, including Oil and Gas Support and
Service (storage of clean empty frac tanks) 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 Moreno. = Commissioner Conway stated he will vote for
this; however, he expressed his frustration regarding the lengthy time in active violation.
Commissioner Conway also stated he appreciated the applicant's efforts to work with the
neighbors and further conveyed the success of the business will hinge on continuing to be a
good neighbor. e2 Commissioner Cozad agreed with Commissioner Conway and encouraged
the applicant to be a good neighbor, stating it is frustrating to approve things that have already
been operating and impacting the neighbors. She expressed her appreication for the Jerkes
being here today and giving input. El Commissioner Moreno concurred with what had been
said and also thanked the Jerkes for being here and he recognized their patience through this
process. He encouraged the applicant and the neighbors to continue open conversations.
Commissioner Freeman agreed with his fellow Commissioners and extended his appreication to
both the Jerkes and the applicant for working together. He wished the applicant good luck with
the business. ElChair Kirkmeyer reiterated the importance of being good neighbors and
having good communciation. She thanked everyone for coming. The motion carried
unanimously. There being no further discussion, the hearing was completed at 11:34 a.m.
2015-1876
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HEARING CERTIFICATION - LASALLE RENTAL PROPERTY ONE, LLC, C/O HERSCHEL
HOLLOWAY (USR14-0068)
PAGE 6
This Certification was approved on the 6th day of July, 2015.
BOARD OF COUNTY COMMISSIONERS
WE/LD COUNTY, COLORADO
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'Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
• Mike Freeman, Pro-Tem
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