HomeMy WebLinkAbout20153752.tiff HEARING CERTIFICATION
DOCKET NO. 2015-110
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0047, 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 AND MORE THAN
ONE CARGO CONTAINER AS ACCESSORY STRUCTURE), 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 —
JM TRUCKING, LLC
A public hearing was conducted on December 9, 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 - EXCUSED
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
Health Department representative, Phil Brewer
The following business was transacted:
Ei I hereby certify that pursuant to a notice dated October 16, 2015, and duly published
October 21, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request
of JM Trucking, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0047, 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 and more than one cargo container as
accessory structure), 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. Bruce Barker, County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
the site location in relation to the relevant County roads and the three mile referral areas of the
Cities of Fort Lupton and Brighton, the Town of Lochbuie, and Adams County. He stated there
are eight (8) property owners within close proximity and that staff had received correspondence
from surrounding property owners to include three petitions in opposition all listing concerns
regarding noise, hours of operation, operating without permits, and increase in traffic. Mr. Ogle
described the location as rural residential with four (4) residences in the immediate area,
2015-3752
CC O �1 PL2382
HEARING CERTIFICATION -JM TRUCKING, LLC (USR15-0047)
PAGE 2
explained the shared access, and stated the application is a result of an active Zoning Violation,
ZCV15-00082, due to operating a commercial trucking business without permits. He clarified that
if this application is approved, it will correct the violation; however, if the application is denied, the
applicant must remove the business within 30 days or the violation will proceed to court. Mr. Ogle
reviewed the number of employees to include 12 drivers accessing the site daily, and he stated
16 referrals were sent out and five (5) responses were received with comments. He reported that
Planning Commission recommended denial based on non-compliance with Chapter 22 of the
Weld County Code and he displayed images of the site and surrounding properties.
Jennifer Petrik, Department of Planning Services Engineer, provided a brief overview of the
transportation plans and requirements and stated the site is east of County Road (CR) 31 and
south of CR 6. She stated access to the site is from CR 6, which has an average daily traffic count
of 216 vehicles per day, with 14% defined as truck traffic. Ms. Petrik stated the traffic narrative
indicated approximately 10 truck round trips per day and 12 passenger round trips per day,
delineated the traffic routes, and provided the access permit number, AP#15-00435. She clarified
the existing easement provides access to the back lot and stated tracking control would be
required. She reviewed the typical Development Standards and clarified an Improvements
Agreement would not be required at this time because of the low volume of truck traffic.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating portable toilets can be used for drivers, they may have fuel storage tanks in the
future which would need to be permitted through the state, the applicant will be required to provide
water to the site if a residence is built in the future, noise is limited to the Non-specified Zone, and
Development Standards (DS) 7-17 reflect typical requirements specific to Environmental Health.
• Robert Malloy, Architect and Planner, represented the applicant, displayed a slide
presentation and began listing the benefits of the location in relation to surrounding municipalities
and major roadways. He further emphasized the close proximity to materials which is cost
effective, as this type of business charges by the mile. Mr. Malloy reviewed the application's
compliance with the Weld County Code specifying certain sections in relation to compatibility with
other commercial and industrial development in the area. He stated the applicant is offering
mitigation by way of noise reduction, screening, limited hours of operation, relocating the services
and repairs to another location until the service shop is built, landscaping and trees, and the use
of block heaters to warm up the semi-trucks in the mornings. Mr. Malloy reviewed the applicant's
intent to operate the business, utilize remainder of the property to graze cattle, and later build a
home for his personal residence. He displayed site map models without trees and with trees,
model of barn to be built, storage area for the trucks, and stated the closest neighbors are in
support.
• Jimmy Mascarenas, co-owner and operator, stated he purchased the property due to the
fast growth of the company and he reviewed the history of his actions leading up to the zoning
violation. He explained he did not realize he needed the permits and he began the USR
application process as soon as he could. Mr. Mascarenas stated he has since moved the trucks,
stopped the maintenance and repairs, built a fence for security purposes, met with the neighbors
to explain his plans, and offered to take care of the private easement with road base. He conveyed
his frustrations regarding the neighbors assuming the worst and the denial at Planning
Commission because it does not fit. He explained there are several other businesses in the area
2015-3752
PL2382
HEARING CERTIFICATION -JM TRUCKING, LLC (USR15-0047)
PAGE 3
to include some that are zoned industrial properties and he moved to Weld County because Weld
County is in favor of working with small businesses. Mr. Mascarenas reviewed his intent to grow
his business on this property and later build his future home and have livestock. He reviewed his
meeting with Mrs. Fortenberry, who rode around on a golf cart,took pictures on various occasions,
and approached him in an intimidating manner asking several questions. He clarified the noise
levels will increase with repairs and maintenance returning to the property upon completion of the
shop. He indicated the opportunities related to growth, the fact that his employees live within a
reasonable distance of the business, and his efforts to put everything in the application.
Mr. Mascarenas stated he would prefer the hours remain 5:00 a.m. to 10:00 p.m., and that he is
open to change. He also stated that once the property has power, there will be block heaters in
use to prevent long periods of trucks idling in the mornings, and that generally in the winter
months, the business slows to about 50%.
Cindy Fortenberry, surrounding property owner, stated the improvements she and her
husband have made to their property hoping to retire there. She validated that the applicant is a
hard worker but suggested he could have purchased property in an area that was already
commercial and/or industrial. She expressed her frustration with living 700 feet from where the
trucks are parked and it is impossible to even sit on their front porch any longer because of the
noise. Ms. Fortenberry mentioned others that have tried to attain USR permits in the past and
have been denied because the application was not compatible with the neighborhood. She also
mentioned the dangerous state of the road conditions and that the roads cannot sustain this type
of traffic without causing more damage and more accidents. In response to Chair Kirkmeyer, she
stated she did attend the neighborhood meeting and met with him on one other occasion and she
agreed the removal of the maintenance did alleviate a lot of the noise.
• Cassandra Micklich, co-resident and fiancé of the applicant, read a letter for the record in
support of the business and work ethic of Mr. Mascarenas. She also mentioned other families are
dependent on the business. In response to Chair Kirkmeyer, she clarified she is not a part owner
of the business.
• James Massey, surrounding property owner since 1951, stated his concerns with traffic and
maintaining the agricultural nature and zoning of the area. He expressed his fears that more
businesses of this magnitude will move in and reduce the agricultural uses in the area. In response
to Commissioner Moreno, Mr. Massey stated he did not go to the meeting because he is against
it and there was no reason to go.
le Lynn Opatril, surrounding property owner and employee of the applicant, stated his support
for the business. In response to Commissioner Moreno, Mr. Opatril stated he has been employed
by JM Trucking for 3.5 years.
le Sandra Lutz, surrounding property owner, stated her concerns with noise, decreased
property values, and further damage to the roads. In response to Chair Kirkmeyer, Ms. Lutz stated
she never received notification of the meeting.
• Jerome Marquez, mechanic for the applicant, apologized for the noise made in the past but
stated noise will commence upon approval. He explained he makes late night repairs so the trucks
can run the next day and keep the business profitable. He stated he is trying to work with the
2015-3752
PL2382
HEARING CERTIFICATION -JM TRUCKING, LLC (USR15-0047)
PAGE 4
neighborhood and clarified there are others, besides JM Trucking, responsible for the collective
damages to the roads. In response to Commissioner Moreno, Mr. Marquez stated he has worked
for the applicant for two years. In response to Chair Kirkmeyer, he stated the trucks are currently
parked on Mr. Mascarena's property and prior to that they were parked at Bedrock Landscaping.
▪ Zeke Fortenberry, surrounding property owner, stated his concerns with decreasing property
values leading to a lower tax base for the County as well. He expressed his concerns with a
conversation that transpired between himself and the applicant stating the applicant was not
honest regarding his intentions and that he received the notice for the neighborhood meeting the
same day of the meeting. Mr. Fortenberry conveyed his concerns with the character of the
operation based on these interactions and requested the Board deny the application and remain
consistent with the unanimous denial of the Planning Commission. Lastly, he mentioned there are
many in opposition who could not be present and they are represented by the signed petition.
lEi Joann Munoz, mother of the applicant, read a letter in support of Mr. Mascarenas,
highlighting his character and work ethic.
• Leticia Soto-Medina, on behalf of surrounding property owner and her father, Juan Soto,
stated her support for the application.
Ei Guillermo Munoz, step-father and employee of applicant, spoke in support of the business
and the character of Mr. Mascarenas.
• Mack Fortenberry, surrounding property owner, stated his frustrations with trucks idling every
morning, the noise of the ongoing mechanic repairs, diesel smoke, and the condition of the roads
and dangerous operations of the truck drivers not stopping at Stop signs. Lastly, Mr. Fortenberry
stated the application does not fit the agricultural nature of the area.
Christian Schulte, attorney for Mr. Fortenberry, emphasized the facts surrounding the denial
by the Planning Commission due to the business being unrelated to agriculture and not
compatible with surrounding properties. He requested the Board consider the policies and deny
the application.
In response to Chair Kirkmeyer, Mr. Malloy stated perhaps his lack of rebuttal response may
have affected the denial at Planning Commission. He further stated he is also a Planning
Commissioner for the City of Loveland and has 10 years of experience in that role. He continued
to address specific comments made by the opposition and referred to the Comprehensive Plan
stating the application is compatible with the area based on the presence of several other
businesses in the area. Mr. Malloy clarified the applicant was not aware of the permits needed
and once he was made aware, he did everything in a timely manner and made every effort to be
compliant with what was required. He clarified the intent of the applicant to operate a quality
business, the timely notification to the neighbors, and their efforts to mitigate and follow the good
neighbor policy. Lastly, Mr. Malloy stated he normally would not advise an applicant to purchase
property prior to approval; however, the proposed use does fit the area and as far as the petition
signatures, some of the signatures are from property owners outside the immediate area.
2015-3752
PL2382
HEARING CERTIFICATION -JM TRUCKING, LLC (USR15-0047)
PAGE 5
In response to Commissioner Conway, Mr. Malloy stated the applicant would bring in a tank
to water the trees.
Chair Kirkmeyer expressed her appreciation to the public for being present and to the
applicant's mother for her supportive comments regarding the applicant; however, the burden of
proof is not based on character but to demonstrate how the Use is consistent with the Weld
County Code requirements. Chair Kirkmeyer stated her agreement with the Planning Commission
that this Use is not compatible with existing surrounding land uses. She further expressed her
disappointment regarding the applicant's lack of communication with surrounding property owners
and the delay in the application efforts. Chair Kirkmeyer stated it is not consistent or compatible
with the neighborhood and she will be opposing the application.
• Commissioner Conway stated he respects the applicant's work ethic and appreciated the
comments from his mother and his loyal employees; however, that does not factor in the decision.
He expressed his concerns with compatibility and the fact that the decision made at Planning
Commission was a unanimous denial. Commissioner Conway stated based on compatibility it
does not meet the code, it does not fit, and he will be voting no. He clarified the applicant has a
wonderful success story but the application does not fit the area.
• Commissioner Freeman concurred with the comments made by fellow Commissioners. He
stated the importance of private property rights; however, taking into consideration the negative
impact to the neighborhood and the unanimous denial of Planning Commission, he will also be a
no vote.
El Commissioner Moreno conveyed his appreciation for the feedback offered by his fellow
Commissioners and he specifically agreed with Commissioner Conway's comments related to the
individual success story of the applicant; however, in relation to the application, he will also be a
no vote based on lack of compatibility and in support of the unanimous denial by Planning
Commission.
• Commissioner Moreno moved to deny the request of JM Trucking, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0047, 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 and more than one cargo container as accessory structure), provided that
the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed
prior adoption an to of regulations controlling subdivisions in the A (Agricultural) Zone District.
Y
The motion was seconded by Commissioner Conway on the basis that it is not consistent with
Chapter 22 of the Weld County Code and it makes no effort to conserve agricultural land. Chair
Kirkmeyer stated for the record that the proposed Use does not meet Section 23-2-230.6.1, is not
consistent with the intent of the Agriculture Zone, is not compatible with existing surrounding land
uses or with future development of the surrounding area. The motion carried unanimously. There
being no further discussion, the hearing was completed at 12:44 p.m.
2015-3752
PL2382
HEARING CERTIFICATION -JM TRUCKING, LLC (USR15-0047)
PAGE 6
This Certification was approved on the 14th day of December, 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, CO ORADO
ATTEST: ddeift,v ;e4,
arbara Kirkmey , Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
BY:
D=• Qy Clerk tothe :•ard /
. Conway 1`
=; �= ED
J 'Ra ; Cozad
Steve Moreno
2015-3752
PL2382
- c c7
....., o j
% e�
o
1 a
k m
72 ff � J � &
W e, Q. -e � a C
S . c , i
rk-- . .)(- ,
° i '`Z 1
o fJ \ , v sty r1. Z
A 4 j f4
''" ,E? g ei ''-. -1 Qz1 .L. 8. ,,-)
-_, Al "--') 1
w I -q-) 0 ,4 3 - 1 so 0 ,
z(5.. :
0
, 0 : .. ‹. . .. ,N.
‹ i . ),,/- Qkt,L 41ct 4,c -r &_ -it
ic..t. .3
,_,
z
w
H w
~ Q ‘,4 - �\kl o \ cam' �� 04 '= � —
s � U �
col .--:- -', F-- Z.?, w 4 ci-
� r.. V) 1 `gyp ' � i� p 3 o a � J_o
cY N ,1 el 0 �. o f to M
>. ,,;
v-- -___ "N i_
4 ? Z , , ,ct_
w -)- �' y S
S v\
Hello