HomeMy WebLinkAbout20243169.tiffBefore the Weld County, Colorado. Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Palizzi, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number
Applicant:
Planner.
Request
Legal Description:
Location
USR24-0015
Ana Holguin Macias & Mario Contreras Guillen. c/o MVJ Transports, Inc.
Diana Aungst
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.
Lot A Recorded Exemption RE -3692; being part of the SE1/4 /4 of Section 26,
Township 5 North, Range 65 West of the 6th P. M., Weld County. Colorado_
North of and adjacent to County Road 52; approximately 0.13 miles west of County
Road 47.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has 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 consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
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.
There are numerous existing operations in the oil and gas industry in the area. USR-1274 for
an RV storage yard; 1MUSR18-12-0074 for a greater than 10 -inch natural gas pipeline and
pump station, and USR18-0055 and USR19-0008 for a greater than twelve (12) -inch high-
pressure. natural gas. pipeline.
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 be compatible with the existing
surrounding land uses.
The closest USR is USR-1274 and it is for a RV storage yard and is similar to this operation of
parking trucks and vehicles on site. It appears from testimony that there are multiple existing
Resolution USR24-0015
Ana Holguin Macias & Mario Contreras GutIlen, do MVJ Transports, Inc
Page 2
operations that are similar in nature, whether permitted or for agricultural use The concerns
expressed by surrounding property owners can be addressed through the development
standards and conditions of approval
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 fora second -
single family dwelling 1 MUSR18-12-0074 for a greater than 10 -inch natural gas pipeline and
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
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
Resolution USR24-0015
Ana Holguin Macias & Mario Contreras Guillen, c/o MVJ Transports. Inc.
Page 3
G. Section 23-2-220.A.7 — There are 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 can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County. By complying with the installation of the fence,
landscape and screening, the applicant is following the design guidelines.
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. The Planning Commission feels that the
access variance submitted by the applicant and reviewed and approved by Staff is deemed
safe.
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.
The Planning Commission recommendation for approval is conditional upon the following:
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)
ccess and
on the recorded RE 3692 plot (Reception- Number 3145029) for commercial vehicles
associated with USR24 0015. The statement shall- be signed by those property owners
authorized to use the forego. .at. Upon
approval of an access variance request to use the existing unpermitted access located
approximately 715 feet west of County Road 47. the applicant shall obtain a Commercial
access permit. (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)
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)
Resolution USR24-0015
Ana Holguin Macias & Mario Contreras Guillen. do MVJ Transports, Inc.
Page 4
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)
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 rig ht -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.
the required 65' radii for the access right of
way. Label the access, TOR THE BENEFIT OF LOTS A AND B OF RECX17 0134, LOT
A OF RE 3692, AND USR24-0O15". Include all usage types that apply (Residential.
n the label. Show and label the existing
shared access onto County Road 52 located approximately 965 feet west of County Road
47 as "SHARED ACCESS FOR THE BENEFIT OF LOTS A AND B OF RECX17-0134 AND
LOT A OF RE -3992". Include all usage types that apply (Residential. Agricultural.
Commercial and/or Oil and Gas) in the label. (Development Review)
13. Delineate and label the 30 -foot -wide shared access and utility easement specified on the
recorded RE -3692 plat and label it as, . Label the a , "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
Co i "TO BE CLOSED AND RECLAIMED " Upon approval of an
access variance request to use the existing unpermitted access located approximately 715
feet west of County Road 47, label the access as. "COMMERCIAL ACCESS".
(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)
Resolution USR24-0015
Ana Holguin Macias & Mario Contreras Guillen, c/o MVJ Transports, Inc
Page 5
17 Show and label the drainage flow arrows (Development Review)
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)
Resolution USR24-0015
Ana Holguin Macias & Mario Contreras Guillen, do MVJ Transports, Inc
Page 6
Motion seconded by Michael Wailes
VOTE
For Passage
Michael Wailes
Michael Palizzi
Barney Hammond
Cindy Beemer
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Absent
Pamela Edens
Virginia Gudegahn
Against Passage
Butch White
Michael Biwer
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on November 5, 2024
Dated the 5"' of November, 2024
Kristine Ranslem
Secretary
Resolution USR24-0015
Ana Holguin Macias & Mario Contreras Gulllen, c/a MVJ Transports, Inc
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ana Holguin Macias & Mario Contreras Gulllen
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)
Resolution USR24-0015
Ana Holguin Macias & Mario Contreras Guillen, c/o MVJ Transports, Inc
Page 8
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)
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)
1
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
Resolution USR24-0015
Ana Holguin Macias & Mario Contreras Gudlen, do MVJ Transports, Inc
Page 9
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)
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
Summary of the Weld County Planning Commission Meeting
Tuesday, November 5. 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Butch White. Michael Wailes, Michael Palizzi, Barney Hammond, Michael Biwer, Cindy Beemer.
Absent: Pamela Edens, Virginia Guderjahn.
Also Present: Diana Aungst and Molly Wright. Department of Planning Services, Lauren Light. Department
of Health. Karin McDougal, County Attorney, and Kris Ranslem. Secretary.
Case Number:
Applicant.
Planner-
Request:
Legal Description:
Location
USR24-0015
Ana Holguin Macias & Mario Contreras Guillen. c/o MVJ Transports. Inc
Diana Aungst
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.
Lot A 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.
North of and adjacent to County Road 52: approximately 0.13 miles west of County
Road 47.
Diana Aungst, Planning Services, presented Case USR24-0015, reading the recommendation and
comments into the record. Ms. Aungst noted that this site is in violation for operating a trucking business
without the necessary permits.
Ms. Aungst stated that the applicant is proposing the eastern access point as a commercial access point
for the business and has submitted a variance for this purpose. Staff has conditionally approved this access
variance so that if this USR is approved, then the access variance will be approved.
The Department of Planning Services recommends denial of this application. Ms. Aungst included
conditions of approval and development standards, should the Planning Commission recommend approval.
Lauren Light. Environmental Health; reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Hannah Dutrow. AgProfessionals, 3050 67'" Avenue, Greeley, Colorado. stated that she is representing
the applicants. The applicant is requesting a USR for an oil and gas support service business. The property
owners operate MVJ Transports which specializes in the transport and delivery of equipment and materials
for oil and gas sites around the County with a primary focus on delivering pipe for operation. She added
that the site will primarily be for parking of trucks and storage of equipment and materials.
Ms. Dutrow said that they understand staff is recommending denial but believe they have made adjustments
to the site plan that they believe mitigate these concerns. She added that the proposed access along the
southeast reduces the impact of the proposed operation on the surrounding properties. Screening and
additional buffering through landscaping can help mitigate potential nuisance conditions.
Ms. Dutrow stated that the site currently accesses the residence from a shared access easement along the
western property boundary and it serves a total of three (3) residences.
Ms. Dutrow stated that they believe they have met the standards for a USR and respectfully request a
recommendation of approval.
1
Commissioner Wailes asked what the status is of the proposed timeline of the pending access point Ms
Dutrow said that the variance has been submitted and reviewed by Staff and it would be approved upon
approval of the USR
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Nicholas Ford, 22803 CR 52, expressed concern regarding the noise, traffic, and dust He has a good
relationship with the neighbors and added that they do share the original easement Mr Ford said that with
the parking of this business there are a lot of unfamiliar people around his property and is concerned with
the safety of his children He added that their property is continuously being surrounded by trucking
operations
Jane Ford, 22811 CR 52, stated that they have lived on their property for 48 years Ms Ford is concerned
for the safety of her grandchildren and all the truck traffic She added that they are being encroached upon
by other businesses in the area
Ms Dutrow said that they agree the shared access is not appropriate for the commercial operation which
is why they proposed the southeastern access She added traffic is primarily expected to go toward County
Road 47 so it shouldn't be crossing to the west Ms Dutrow said that the excess traffic and the other
adjacent properties with similar trucking operations may likely need USRs She added that there will be a
Road Maintenance Agreement so there are additional protections that the neighbors gain going through
this USR process
Commissioner Wailes referred to USR-1274 for RV storage and added that there is very little record of
anything on that and asked if it is still in operation Ms Aungst said that she doubted that it is still active
and didn't see any RV storage on site upon her inspection
The Chair asked if there are any changes to the Resolution Ms Aungst said that Staff is requesting
revisions to some of the Conditions of Approval and provided a memo outlining those requests She added
that they are requesting a revision to Condition of Approval 1 D, 1 E 12, 1 E 13, and 1 E 14
Motion Amend Conditions of Approval 1 D, 1 E 12, 1 E 13 and 1 E 14, as recommended by Staff, Moved
by Michael Wailes, Seconded by Michael Palizzi Motion carried unanimously
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion Forward Case USR24-0015 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Palizzi, Seconded by Michael Wailes
Vote Motion passed (summary Yes = 4, No = 2, Abstain = 0)
Yes Barney Hammond, Cindy Beemer, Michael Palizzi, Michael Wailes
No Butch White, Michael Biwer
Commissioner Hammond understands that they may be complying but he is concerned with several homes
in the area He added that the county road isn't in the best shape for this operation
Commissioner Biwer agreed with Staff on two of the three points mentioned He does not believe it is
consistent with existing land use and it is unfortunate if there are others in the area that are using their
properties to park trucks that are not properly permitted, but in his opinion it doesn't reestablish land use
other than what it is intended for He cited Section 23-2-220 A 3 He also agrees that the welfare, health,
safety and protection of the inhabitants of the neighborhood He understands that it is not an urban
neighborhood but it is still a neighborhood and doesn't believe that putting this operation in the middle of
such an area on 3 3 acres is consistent with the intent of the code
2
Commissioner Palizzi cited Section 23-2-220 A 1 and added that there is existing oil and gas support in this
area He cited Section 23-3-220 A 3 and said that there is an oil and gas support service business located
to the north and vehicle storage to the west He added that they have heard there are vehicles on many of
these sites already Mr Palizzi cited Section 23-2-220 A 7 and said that they are following the design>
guidelines by installing fencing and landscape and screening He added that the variance has been made
for the access and is deemed safe by Staff Mr Palizzi stated that he believes it does fit the area and the
design standards
Commissioner Wailes cited Section 23-2-220 A 1 and said he was concerned with the access point He
added that pending the access point approval it looks like through conditions of approval it can be controlled
He cited Section 23-2-220 A 3 and said that a lot of the mitigation can be handled through development
standards Mr Wailes said that there are numerous existing operations in the oil and gas industry in that
area and this use is allowed by a USR in the ag zone Mr Wailes cited Section 23-2-220 A 7 and said that
following the design standards the issues brought forward can be addressed through development
standards and conditions of approval
Commissioner White said that he does not believe it complies with Section 23-2-220 A 3 and agrees with
Commissioner Biwer and added that just because the other properties out there doing the same thing he
doesn't believe it gives the applicants a pass to operate a trucking business as well He cited Section 23-
2-220 A 4 and said that the City of Evans has this in their growth area as a rural residential area and doesn't
find that to be consistent Mr White cited Section 23-2-220 A 7 and said he has a problem with the traffic,
the noise concerns, and the environmental concerns
Meeting adjourned at 3 47 p m
Respectfully submitted,
Knstine Ranslem
Secretary
3
ATTENDANCE RECORD
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Summary of the Weld County Planning Commission Meeting
Tuesday, October 1, 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Chair
Butch White, at 1 30 p m
Roll Call.
Present Butch White, Michael Wailes, Virginia Guderjahn, Barney Hammond, Michael Biwer, Cindy
Beemer
Absent Pamela Edens, Michael Palizzi
Also Present Chris Gathman and Diana Aungst, Department of Planning Services, Lauren Light,
Department of Health, Kann McDougal, County Attorney, and Kris Ranslem, Secretary
Case Number USR24-0015
Applicant Ana Holguin Macias & Mario Contreras Gudlen, c/o MVJ Transports, Inc
Planner Diana Aungst
Request 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
Legal Description Lot A 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 County Road 52, approximately 0 13 miles west of County
Road 47
Hannah Dutrow, AgProfessionals, 3050 67. Avenue, Greeley, Colorado, stated that they are requesting a
continuance to the November 5. PC Hearing as they are working through some concerns brought up by
Planning Staff
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application No one wished to speak
Motion Continue USR24-0015 to the November 5, 2024 Planning Commission Hearing, Moved by Cindy
Beemer, Seconded by Virginia Guderjahn
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Wailes, Virginia Guderjahn
Meeting adjourned at 4 26 p m
Respectfully submitted,
4.5,i66.AnaCo.dn.
Kristine Ranslem
Secretary
1
ATTENDANCE RECORD
NAME
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Summary of the Weld County Planning Commission Meeting
Tuesday, September 3, 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Chair
Butch White, at 1 40 p m
Roll Call
Present Butch White, Michael Wales, Pamela Edens, Michael Palizzi, Virginia Guderjahn, Barney
Hammond, Cindy Beemer
Absent Michael Biwer
Also Present Chris Gathman, Diana Aungst, and Molly Wright, Department of Planning Services, Kann
McDougal, County Attorney, and Kris Ranslem, Secretary
Case Number
Applicant
Planner
Request
Legal Description
Location
USR24-0015
Ana Holguin Macias & Mario Contreras Guillen, c/o MVJ Transports, Inc
Diana Aungst
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
Lot A 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
North of and adjacent to County Road 52, approximately 0 13 miles west of County
Road 47
Diana Aungst, Planning Services, stated that the Applicant submitted a variance for the access point on
August 26, 2024 This access variance will need to be reviewed by staff prior to the hearings, therefore,
Staff is requesting a continuance to the October 1, 2024 Planning Commission Hearing
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application No one wished to speak
Motion Continue USR24-0015 to the October 1, 2024 Planning Commission Hearing, Moved by Virginia
Guderjahn, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Barney Hammond, Butch White, Cindy Beemer, Michael Palizzi, Michael Wailes, Pamela Edens,
Virginia Guderjahn
Meeting adjourned at 5 07 p m
Respectfully submitted,
Kristine Ranslem
Secretary
1
ATTENDANCE RECORD
NAME
- PLEASE
PRINT
LEGIBLY
ADDRESS
EMAIt
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123
Nowhere
Street,
City,
State, Zip
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