HomeMy WebLinkAbout20213177.tiffHEARING CERTIFICATION
DOCKET NO. 2021-60
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR21-0015, FOR OIL AND GAS SUPPORT AND SERVICE (TRUCK PARKING)
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - STACY DITTER
A public hearing was conducted on November 17, 2021, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Maxwell Nader
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
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I hereby certify that pursuant to a notice dated October 13, 2021, and duly published
October 15, 2021, in the Greeley Tribune, a public hearing was conducted to consider the request
of Stacy Ditter, for Site Specific Development Plan and Use by Special Review Permit,
USR21-0015, for Oil and Gas Support and Service (truck parking) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney,
made this a matter of record.
Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal,
stated the applicants live onsite, the parcel is 26 acres, and .75 acres will be used for the proposed
truck parking area. He relayed the truck parking will be on the east side of property, away from
the residence, will provide up to 14 parking spaces for vehicles and related equipment and
reviewed the proposed number of employees and hours of operation. He explained access to the
residence and agricultural portion of the property is on County Road (CR) 53, the truck parking
access is on CR 70, and mentioned the truck parking area is not easily visible from public
rights -of -way, but can still be seen from CR 70, therefore, staff is requiring screening for the
properties to the east and from CR 70 to the north. Mr. Nader indicated the site has an active
Zoning Violation, due to the presence of commercial vehicle parking. He noted one (1) letter of
support, from a surrounding property owner (SPO), had been received and one (1) letter of
opposition was received, after the Planning Commission (PC) hearing. He reviewed the daily
roundtrips and average speed for CR 70, as well as the impact the proposed USR will have, and
stated staff has requested a Road Maintenance Agreement. He stated the applicant had
submitted a drainage narrative with a qualifying exception to stormwater detention, described the
surrounding zoning and Uses and mentioned the Department of Planning Services received a
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late referral from Decker Lateral and Larimer and Weld Irrigation Company (Eaton Ditch), marked
Exhibit D. He entered the favorable recommendation of the Planning Commission into the record
as written, displayed images of the site and surrounding views and in response to Commissioner
James, Mr. Nader confirmed the ditch road is not used for access. Commissioner Freeman
questioned the need for double cattle guards, as a measure of tracking control when going onto
a gravel road, and Mr. Nader deferred the question to Mike McRoberts.
Ei Mike McRoberts, Department of Planning Services, Development Review, stated, instead of
using double cattle guards for tracking control there is an option to use road base in all materials,
which the site is eligible for. In response to Commissioner Saine, Mr. Nader confirmed the ditch
company can still access the property.
Lauren Light, Department of Public Health and Environment, stated the existing residence is
served by the North Weld Water District, has a permitted septic that is sized for three (3) bedrooms
and a portable toilet will be used for employees. She indicated there will be no on -site fuel storage,
washing, or maintenance of vehicles, and there are no outstanding items.
Kelsey Bruxvoort, AGPROfessionals, represented the applicant, reiterated the request and
explained Ditter Trucking and Oilfield Services is a cargo and freight company, serving the oil and
gas industry. She stated the applicants live onsite where they grow crops and graze livestock,
and noted the Eaton Ditch separates the residential/agricultural uses from the proposed truck
parking. She explained the area east of the ditch is accessed from the shared, private roadway,
which will be used for the truck parking. She displayed the site plan, relayed parking will be on
gravel surfaces and noted there will be no on -site employees, as employees will just pick up and
drop off equipment from the site. She outlined the Weld County Code criteria, explained how the
request meets the criteria and is consistent with the intent of the A (Agricultural) Zone District,
stated the applicant prepared a Nuisance Management Plan, and described anticipated site
related traffic. In response to Commissioner James regarding access to the shared, private
roadway, Mr. Choate confirmed COA #1.A requires an easement agreement signed by all owners
of the property crossed by the access.
No public testimony was offered concerning this matter.
Ms. Bruxvoort requested the parcel numbers be removed from COA #1.A, and she requested
the language; "from the surrounding property owners to the east and the County Road 70
rights -of -way" be deleted from COA #1.C (Screening Plan) and the language, "This screening will
ensure the trucks related equipment, employee vehicles, and portable toilet are screened from all
adjacent properties and public rights of way" be deleted from COA #1.E.4 (map shall delineate
the existing and proposed screening). She requested Development Standard (DS), #3 (hours of
operation) be deleted, as there may be occasional variations such as a truck being returned late
to the site. In response to Chair Moreno, Ms. Bruxvoort confirmed the trucks will not operate
onsite, they will only be picked up from and dropped off at the site. She also requested DS #4
(number of employees) and DS #6 (vehicle repair or service of vehicles, equipment or trailers
allowed onsite) be deleted. After discussion among Mr. Choate and the Board, the Board decided
to leave in COA #1.A. Responding to Commissioner James, Mr. Nader confirmed the Screening
Plan had been submitted and the Board agreed to remove the requested language from
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HEARING CERTIFICATION - STACY DITTER (USR21-0015)
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COA #1.C and COA #1.E.4. They agreed to delete DS #3, DS #4 and after a lengthy discussion
between the Board, staff, Mr. Choate and Ms. Bruxvoort, the Board decided to delete DS #6.
IE In response to Chair Moreno, Ms. Bruxvoort indicated she had, on behalf of the applicant,
reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as
amended.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
Commissioner James moved to approve the request of Stacy Ditter for a Site Specific
Development Plan and Use by Special Review Permit, USR21-0015, for Oil and Gas Support and
Service (truck parking) outside of subdivisions and historic townsites 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. The motion was seconded by
Commissioner Saine, and it carried unanimously. There being no further discussion, the hearing
was completed at 11:55 a.m.
This Certification was approved on the 6th day of December, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditAvt) XL:el
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
2021-3177
PL2803
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