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Case Number:
Applicant:
Request:
LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst Hearing Date: September 3, 2024
USR24-0015
Ana Holguin Macias & Mario Contreras Guillen, c/o MVJ Transports, Inc.
22815 County Road 52, Greeley, CO 80631
A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas
Support and Service (truck parking and equipment storage), outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
Site Address: 22815 County Road 52, Greeley, CO 80631
Legal
Description:
Lot A of Recorded Exemption RE -3692; being part of the SE1/4 of Section 26, Township
5 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Location: North of and adjacent to CR 52 and approximately 0.13 miles west of CR 47
Size of Parcel: +/- 3.5 acres Parcel No. 0961-26-4-00-070
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Oil and Gas Energy Department, referral dated June 11, 2024
➢ Weld County Department of Public Health and Environment, referral dated June 14, 2024
➢ Weld County Department of Planning Services — Code Compliance, referral dated June 6, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated July 3, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Evans, referral dated June 6, 2024
➢ City of Greeley, referral dated July 2, 2024
➢ Town of Kersey, referral dated June 18, 2024
➢ Colorado Parks and Wildlife, referral dated June 7, 2024
➢ Weld County Sheriff's Office, referral dated June 6, 2024
➢ Central Weld County Water District, referral date July 1, 2024
➢ West Greeley Conservation District, referral dated June 10, 2024
➢ State of Colorado, Division of Water Resources, referral dated June 17, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ LaSalle Fire Protection District
➢ Weld County School District RE -6
USR24-0015 I Macias & Guillen
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Case Summary:
The applicants are requesting a Use by Special Review for semi -truck parking and equipment storage for
their oil and gas support and service company, known as MVJ Transports, Inc. The application materials
state that there will be a 4,400 square foot storage yard. The storage yard provides parking for eight (8)
semi -trucks and trailers, four (4) service pickup trucks, and nine (9) employee vehicles. The equipment
stored on the site will include two (2) cargo containers, two (2) frac tank, and pipes, as well as miscellaneous
items that are delivered to and from oil and gas sites.
The applicants live in the existing 1,588 square foot residence on the site and there are two (2) 350 square
foot carports and one (1) 300 square foot shed existing also on the site. No additional buildings are
proposed to be added to the subject property for this business. The storage of the equipment and materials
will occur outside only, not within any buildings.
The existing residence is served by Central Weld County Water District (CWCWD) and an on -site
wastewater treatment system (OWTS) permitted for three (3) bedrooms (SP -0100388). Portable toilets will
be provided for employees. Portable toilets and bottled water are acceptable for employees or contractors
that are on site for less than two consecutive hours a day in accordance with the Department of Public
Health and Environment's policy.
There will be up to eighteen (18) employees and the hours of operation are 24/7 with two (2) twelve-hour
shifts. The employees will arrive at the site during shift changes which occur at 6:00 a.m. and 6:00 p.m.
Fifteen (15) commercial semi -truck parking spaces and five (5) standard parking spaces are proposed. A
six (6) foot tall, corrugated metal fence is proposed along the boundary of commercial operations. There is
an existing gate on the proposed access point, however, this access point is not a legal access point.
There are four (4) A (Agricultural) zoned properties adjacent to the site and each of these properties
contains a single-family residence. The closest residence is approximately seventy-five (75) feet south of
the site and the other three (3) residences are within 300 feet of the subject property. The trucks are
proposed to park along the western property line fence about 200 feet west of the residence on the property
to the west and within 100 feet of the residence to the south. The noise from starting and idling the trucks
both semi -trucks and pick up trucks as well as the fumes created from these vehicles while idling make this
truck parking operation incompatible with the surrounding land uses.
No fuel storage, washing of vehicles, or floor drains will take place on site. Water will be utilized for on -site
dust control as necessary. A dumpster will be provided for waste disposal.
This case is an active Zoning Violation (CCV24-00067) which was initiated due to the presence of a trucking
business on the property without first completing the necessary Weld County Zoning Permits.
If this application is approved, all conditions of approval completed, and the final USR map is recorded, the
Code Violation (CCV24-00067) will then be closed. If this application is denied then all but one (1)
commercial vehicle, as allowed as an Accessory Use in the Agricultural Zone District, shall be removed
from the property within 30 days of the denial, otherwise this case will be forwarded to the County Attorney's
Office for legal action.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED
FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has not shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is not consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
USR24-0015 I Macias & Guillen
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Section 22-2-30. C.4. Require access easements and privately maintained rights -of -way to
have recorded maintenance agreements to ensure adequate access.
The applicants met with staff on October 24, 2023 at a pre -application meeting, requested by
the applicant, to discuss the USR process to establish a truck parking operation on this site.
During the pre -application meeting it was stated by staff that the eastern access point was
illegal and that a legal commercial access point is required to operate a business on the site.
The legal access is via an easement on the west side of the western property line, on the
adjacent property. Because this is an agricultural/residential easement a letter from the
adjacent property owner is required in order to utilize the easement for a commercial trucking
operation. As of the date of the staff report no letter has been submitted, therefore this site
does not have a legal commercial access. In April of 2024 the Compliance Officer received a
complaint about a truck parking business operating on the site. The site was then put into
violation with case #CCV24-00067. In June of 2024 a complete USR application was received.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. -- Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development, without the interference of
other, incompatible land uses."
Section 23-3-40.V. Uses by Special Review, of the Weld County Code allows for a "Oil and
Gas Support and Service" in Lots outside of a subdivision and historic townsite in the (A)
Agricultural Zone District.
Section 23-1-90. states that Oil and Gas Support & Service includes trucking companies
principally engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc.
This code section allows the applicant to apply for the oil and gas truck parking.
C. Section 23-2-220.A.3 -- The uses which will be permitted will not be compatible with the
existing surrounding land uses.
The four (4) adjacent properties are zoned A (Agricultural) and range in size from 2.8 acres to
38 acres in size. These adjacent properties all contain residences. The closest residence is
approximately seventy-five (75) feet south of the site and the other three (3) residences are
within 300 feet of the subject property. The other land uses on these parcels include pastures
and crops. The noise from starting and idling the trucks, both semi -trucks and pickup trucks,
as well as the fumes created from these vehicles while idling make this truck parking operation
incompatible with the surrounding land uses. No noise study was submitted.
There are no commercial/industrial USRs within a 1,640 -foot (0.3 -mile) radius of the site. The
closest USR is USR-1274 and it is for a RV storage yard and appears to be non -operational.
The site is about one-half (0.5) mile south of the Union Pacific railway tracks and the more
intense USRs are located north of the tracks. These USRs include MUSR13-0002 for Class II
Oilfield Waste Disposal Facility, USR15-0063 for storage of piping and equipment in support
of oil and gas operations, USR-1478 for a concrete business, and USR18-0129 for a
compressor station.
There is a total of nine (9) USRs within one mile of the site. Apart from the RV storage yard
(USR-1274), the five (5) aforementioned USRs are all located north of the railroad tracks and
of the four (4) remaining USRs three (3) are for natural gas pipelines, and one is for a second -
single family dwelling: 1MUSR18-12-0074 for a greater than 10 -inch natural gas pipeline and
USR24-0015 I Macias & Guillen
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pump station, and USR18-0055 and USR19-0008 for a greater than twelve (12) -inch high-
pressure, natural gas, pipeline. Finally, USR19-0048 for a second -single family dwelling.
The Weld County Department of Planning Services sent notice to ten (10) surrounding property
owners within five hundred (500) feet of the subject property. No correspondence was received
back from surrounding property owners regarding the proposed application. It appears as if the
owner has been parking the trucks on a different site as they proceed through the USR process.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the Coordinated Planning Agreement Area (CPA) for the City of Evans
and the Town of Kersey. As part of the pre -application process the municipalities were sent a
Notice of Inquiry (NOI). The City of Evans submitted a Notice of Inquiry dated October 26,
2023, indicating that they do not want to pursue annexation and stating this site is outside of
their growth management area. The Town of Kersey submitted a Notice of Inquiry dated
December 4, 2023, indicating that they do not want to pursue annexation.
The 2022 City of Evans Community Master Plan includes a Future Land Use Map which
designates this site as Estate/Large Lot Residential. The site is not located within the Town of
Kersey's Influence Area.
The site is also located within the three (3) mile referral areas of the Cities of Greeley, Evans
and the Town of Kersey. The City of Greeley and the City of Evans submitted referral agency
comments dated July 2, 2024, and June 6, 2024, respectively, stating that they have no
comments. Additionally, the Town of Kersey referral agency comments dated June 18, 2024,
stated no concerns.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is within the A -P (Airport) Overlay District and is not located within the 1-25 Overlay
District, the Geologic Hazard Overlay District, the MS4 - Municipal Separate Storm Sewer
System area, the Special Flood Hazard Area, the Historic Townsites Overlay District, or the
Agricultural Heritage Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The Natural Resources Conservation Services (NRCS) Soil Survey indicates that 52% of the
site consists of low -slope (0-3%) Valent sand and 38% of low -slope (0-3%) Vona loamy sand
which are categorized as "Farmland of Local Importance". The remaining 10% of the property
consists of low -slope (3-9%) Valent sand and Aquolls and Aquepts, flooded, neither of which
are Prime Farmland. This USR will not remove Prime Farmland from production.
G. Section 23-2-220.A.7 — There are not adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards cannot
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
USR24-0015 I Macias & Guillen
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During the review of this proposal, it was noted that the "access point" that is 715 feet west of
County Road 47 is an illegal, unpermitted access point as it is not shown on the RE -3692 plat.
The applicant is proposing to use this unpermitted access point as the primary access for the
semi -trucks and other business -related vehicles.
According to the Weld County Engineering and Construction Criteria (July 2021)
Section 8.5 ACCESS POINTS: The Weld County Code defines an access as the place,
means. or way vehicles or pedestrians shall have safe, adequate and legal ingress and
egress to a lot, trail, open space, off-street parking space or use. Weld County recognizes
that property owners have a right of reasonable access to the County road system.
However, within an environment where population growth will increase traffic volumes and
operational pressure on the general transportation system, be it rural or urban, access
control is crucial to protect the public health, safety, and welfare. Access control is used to
maintain smooth traffic flow, to provide road right-of-way drainage, and to protect the
functional level of the County roads while meeting state, regional, local, and private
transportation needs and interests.
This illegal, unpermitted access point is noncompliant with the recorded RE -3692 plat and does not
meet the 150 -foot minimum access spacing requirement for access points on a local road per Table
1 of Section 8-14-30.1., of the Weld County Code with respect to the westernmost access on the
adjacent parcel to the east. The distance between the illegal, unpermitted access point and the
access point on the parcel adjacent to the east is only about thirty (30) feet. Because this illegal,
unpermitted access point does not meet the minimum access spacing requirements the health,
safety, welfare of the inhabitants of the neighborhood and County cannot be ensured.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
Should the Board of County Commissioners recommend approval of this land use case, planning staff
recommends the following be a part of any conditional approval:
1. Prior to recording the map:
A. The applicant shall acknowledge the advisory referral comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated June 11, 2024. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
B. An Improvements and Road Maintenance Agreement is required for this land use case. Road
maintenance includes, but is not limited to, dust control, damage repair to specified haul routes,
and off -site triggered improvements. (Development Review)
C. A Final Drainage Report and Weld County Certificate of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Development Review)
D. The applicant shall submit a written statement that grants the applicant permission to use the
shared County Road 52 access and 30' wide access and utility easement shown and labeled
on the recorded RE -3692 plat (Reception Number 3145029) for commercial vehicles
associated with USR24-0015. The statement shall be signed by those property owners
authorized to use the foregoing access and easement specified on the RE -3692 plat.
(Development Review)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR24-0015 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
USR24-0015 I Macias & Guillen
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3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The map shall delineate the existing and proposed landscaping and/or screening.
(Department of Planning Services)
5. The map shall delineate the parking area for the trucks. (Department of Planning Services)
6. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
of the Weld County Code, if applicable. (Department of Planning Services)
8. County Road 47 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-
way (along with the documents creating the existing right-of-way) and the physical location
of the road. All setbacks shall be measured from the edge of right-of-way. This road is
maintained by Weld County. (Development Review)
9. County Road 52 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate and label on the site map or plat the future and existing right-of-
way (along with the documents creating the existing right-of-way) and the physical location
of the road. All setbacks shall be measured from the edge of right-of-way. This road is
maintained by Weld County. (Development Review)
10. Show and label the approved tracking control. (Development Review)
11. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Development Review)
12. Delineate the shared access identified on the recorded RE -3692 plat. Provide and label
the required 65' radii for the access and provide the access width dimension at the right -of
way. Label the access, "FOR THE BENEFIT OF LOTS A AND B OF RECX17-0134, LOT
A OF RE -3692, AND USR24-0015". Include all usage types that apply (Residential,
Agricultural, Commercial and/or Oil and Gas) in the label. (Development Review)
13. Delineate the 30 -foot -wide access and utility easement specified on the recorded RE -3692
plat. Label the access and utility easement, "FOR THE BENEFIT OF LOTS A AND B OF
RECX17-0134, LOT A OF RE -3692, AND USR24-0015". (Development Review)
14. Show the unpermitted, noncompliant access located approximately 715 feet west of
County Road 47 and label it, "TO BE CLOSED AND RECLAIMED." (Development Review)
15. Show and label the existing access on County Road 52 located approximately 685 feet
west of County Road 47. Label the access as, "EXISTING ACCESS". (Development
Review)
16. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated water
quality and detention volumes. (Development Review)
17. Show and label the drainage flow arrows. (Development Review)
USR24-0015 I Macias & Guillen
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18. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a USR map along with all other
documentation required as Conditions of Approval. The USR map shall be recorded in the office of
the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The USR map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
5. Prior to Construction:
A. The approved tracking control shall be constructed prior to on -site construction. (Development
Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
USR24-0015 I Macias & Guillen
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ana Holguin Macias & Mario Contreras Guillen
USR24-0015
1. A Site Specific Development Plan and Use by Special Review Permit, USR24-0015, for Oil and Gas
Support and Service (truck parking and equipment storage), outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 24/7, as stated in the application materials. (Department of Planning
Services)
4. The number of employees shall be eighteen (18), as stated in the application materials. (Department
of Planning Services)
5. The number of on -site commercial vehicles shall be no more than twelve (12), as stated in the
application materials. (Department of Planning Services)
6. No vehicle repair, washing, or service shall occur on site. (Department of Planning Services)
7. No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be stored on the site.
(Department of Planning Services)
8. The parking area on the site shall be maintained. (Department of Planning Services)
9. The existing and proposed landscaping/screening on the site shall be maintained. (Department of
Planning Services)
10. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable.
(Department of Planning Services)
11. The existing landscaping and screening on the site shall be maintained in accordance with the approved
Landscape and Screening Plan. Required landscaping and screening shall be installed within one (1)
calendar year of issuance of a building permit or commencement of use, whichever occurs sooner.
Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the
earliest possible time. (Department of Planning Services)
12. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
13. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
14. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
16. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
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17. The Property Owner shall comply with all requirements provided in the executed Improvements and
Road Maintenance Agreement. (Development Review)
18. The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates. (Development Review)
19. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff. (Development Review)
20. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
21. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
22. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
23. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
24. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
25. Any On -site Wastewater Treatment system located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public
Health and Environment)
26. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times.
(Department of Public Health and Environment)
27. For employees or contractors on site for less than two (2) consecutive hours a day, and two (2) or less
full-time employees on site, portable toilets and bottled water are acceptable. Records of maintenance
and proper disposal for portable toilets shall be retained on a quarterly basis and available for review
by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced
by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
and Environment)
28. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
29. Building permits may be required for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2023 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
USR24-0015 I Macias & Guillen
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30. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
31. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
32. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
33. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
34. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
35. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
36. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall
be vacated.
37. This Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by the landowner, or
when the Department of Planning Services observes that the use may have been terminated, the
Planner shall send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
38. In such cases where the Use by Special Review has terminated but the landowner does not agree to
request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that the Use by Special
Review has terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
USR24-0015 I Macias & Guillen
Page 10 of 10
August 8, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400-3524
Fax: (970) 304-6498
HANNAH DUTROW
3050 67 AV SUITE 200
GREELEY, CO 80634
Subject: USR24-0015 - A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service (truck parking and equipment storage) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT A REC EXEMPT RE -3692; PART SE4 SECTION 26, T5N, R65W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 3, 2024 at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 2,
2024 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification
of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
�
Diana Aungst
Planner
Diana Aungst
From:
Sent:
To:
Cc:
Subject:
Dawn Anderson
Monday, October 21, 2024 4:24 PM
Hannah Dutrow
Diana Aungst; Tim Naylor; Kelsey Bruxvoort; Maxwell Nader; Mike McRoberts; Elizabeth Relford
RE: USR24-0015 - Access Variance
Follow Up Flag: Follow up
Flag Status: Flagged
Hannah,
Thank you for your time on the phone last week. I am sending this email as a follow-up to that conversation.
Weld County staff has reviewed the most recent submittal (October 3, 2024) of a revised access variance for Ana
Holguin and Mario Contreras regarding land use case no. USR24-0015 per Weld County Code section 8-14-60. After
review staff has made a determination that the access does not pose any major safety issues and therefore can
recommend approval conditioned on the outcome of the Public Hearing and ultimate approval of the Use by Special
Review (USR) case by the Board of County Commissioners (BOCC). If the BOCC places any additional conditions on the
access those will override or if the BOCC were to deny the case the access would be required to be closed and
reclaimed.
Please let me know if you have any questions.
Dawn R. Anderson
Development Review Manager
Weld County Planning Services
1402 N. 17th Avenue
Greeley, CO 80632
Email: dranderson@weld.gov
Office: (970) 400- 3736
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
1
From: Hannah Dutrow <hdutrow@agpros.com>
Sent: Thursday, October 3, 2024 10:44 AM
To: Dawn Anderson <dranderson@weld.gov>
Cc: Diana Aungst <daungst@weld.gov>; Tim Naylor <tnaylor@agpros.com>; Kelsey Bruxvoort
<kbruxvoort@agpros.com>
Subject: USR24-0015 - Access Variance
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good morning,
We are submitting a revised access variance for Ana Holguin and Mario Contreras regarding land use case no. USR24-
0015. This includes a revised narrative as well as contact reports for the adjacent property owners as requested by staff.
If you have any questions, please feel free to contact me.
Thank you,
Hannah Dutrow
Land Planner
Idaho Planning Coordinator
AGPROfessionals
3050 67th Avenue, Suite 200
Greeley, CO 80634
970-535-9318 office
303-775-0780 cell
970-535-9854 fax
www.agpros.com
.. AGPROfessionals
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