HomeMy WebLinkAbout20153875.tiff HEARING CERTIFICATION
DOCKET NO. 2015-115
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0043, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS, 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 (PARKING OF TRUCKS AND TRAILERS,
INCLUDING, BUT NOT LIMITED TO, VEHICLES ASSOCIATED WITH OIL AND GAS
SUPPORT AND SERVICE, ALONG WITH AN OFFICE) IN THE A (AGRICULTURAL)
ZONE DISTRICT- OSVALDO FRIAS, C/O LUIS ORTIZ
A public hearing was conducted on December 23, 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
County Attorney, Bruce Barker
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Wayne Howard
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated October 29, 2015, and duly published
November 3, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Osvaldo Frias, do Luis Ortiz, for a Site Specific Development Plan and Use by Special
Review Permit, USR15-0043, for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts, 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 (parking
of trucks and trailers, including, but not limited to, vehicles associated with oil and gas support
and service, along with an office) in the A (Agricultural) Zone District. Bruce Barker, County
Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal stating the number of employees, hours of operation, and the quantity, types and sizes
of vehicles to be parked at the site. He also mentioned an office will be associated with the
business at this site. Mr. Gathman confirmed this application is the result of a zoning violation,
ZCV15-00033. He reviewed the location of surrounding residences and stated there was one
letter received by staff from a surrounding property owner expressing concerns related to traffic,
loud music, and trespassing on adjacent farm ground. He stated the Conditions of Approval and
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Development Standards limit the hours of operation to daytime hours only and the maximum
allowable number of vehicles associated with the operation. Mr. Gathman stated staff sent out 13
referrals and received six (6) responses indicating no comments or approval with
recommendations. He reported the site is within the three (3) mile referral area of the Town of
Gilcrest and the City of Evans, neither of which returned a referral response. He conveyed the
site is outside the Town of Gilcrest Intergovernmental Agreement and Cooperative Planning Area.
Mr. Gathman entered the favorable recommendation of the Planning Commission into the record
as written, and displayed photos of the site and surrounding properties.
Wayne Howard, Department of Public Works, provided a brief overview of the transportation
plans and requirements and reviewed the relevant roadways and the approved Access Permit,
AP#15-00399. He stated the applicant has been asked to delineate the right-of-way on County
Road (CR) 42, reported the average daily traffic counts, and reviewed the traffic narrative and
truck routes. He confirmed the applicant is required to perform tracking control and is exempt from
both an Improvements Agreement and a drainage requirement. In response to Commissioner
Cozad, Mr. Howard confirmed the requirement for tracking control is 100 feet of recycled asphalt
or road base at the entrance of the site.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions stating the existing residence is currently served by the Central Weld County Water
District and a septic system designed to accommodate six (6) people. He stated the application
indicated the residence septic can be used by the employees, and he referenced Development
Standard (DS) #15 requiring the septic system be evaluated if they exceed the capacity. Mr.
Frissell also mentioned the option for the use of portable toilets. He stated DS #9-17 are typical
Environmental Health items.
El Luis Ortiz, applicant, stated his intent is to park trucks on his property that he uses to service
the Oil and Gas Industry, usually to remove dirt from locations or to take road base to locations.
In response to Commissioner Conway, Mr. Ortiz stated they had a Bautismo celebration for the
children and the music was not that loud. He clarified two Sheriffs Deputies visited the property
and he attempted to talk with the lady but she sped off when he approached her vehicle. He
confirmed the music was related to a family event and not the business. In response to
Commissioner Cozad, Mr. Ortiz pointed out the gravel is already at the entrance but the photo
was taken the day after it rained. In response to Commissioner Moreno, Mr. Ortiz explained he
did not know he needed a permit and was misled by the Realtor who sold him the property. In
response to Commissioner Freeman, Mr. Ortiz clarified the intended hours of operation.
El No public testimony was offered concerning this matter.
El In response to Chair Kirkmeyer, Mr. Ortiz indicated he has reviewed the Conditions of
Approval and Development Standards and has no concerns.
--' Chair Kirkmeyer suggested changing DS #6 to read parking area. She also recommended
deleting the word landscaping from DS #8. The Board agreed. Commissioner Cozad suggested
changing the hours of operation to daylight hours. After discussion, Chair Kirkmeyer
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recommended leaving the hours of operation as stated with the addition that in the summer
months, the hours of operation will be limited to daylight hours. The Board concurred.
In response to Chair Kirkmeyer, Mr. Ortiz indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Cozad moved to approve the request of Osvaldo Frias, c/o Luis Ortiz, for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0043, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts, 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 (parking of trucks and trailers,
including, but not limited to, vehicles associated with oil and gas support and service, along with
an office) 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 Conway, and
it carried unanimously. There being no further discussion, the hearing was completed at
10:28 a.m.
This Certification was approved on the 28th day of December, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ADO
ATTEST: ditif44) .l,4p:
arbara Kirkmeyer, hair
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
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