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Case Number:
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LAND USE APPLICATION
SUMMARY SHEET
Michael Hall Hearing Date: August 6, 2019
USR19-0034
Ruiz Trucking, LLC (c/o Manuel G. Ruiz -Prieto) and Gloria Karina Ruiz
AGPROfessionals, LLC do Kelsey Bruxvoort
A Site Specific Development Plan and Use by Special Review Permit for any Use
permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in
the Commercial or Industrial Zone Districts (semi -truck parking for a water hauling
business and fuel storage) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
Being a part of the SE4 of Section 1, TIN, R67W of the 6th P.M., Weld County, CO
South of and adjacent to State Highway 52; approximately 0.1 miles east of County
Road 23
Size of Parcel: +/- 2.37 acres Parcel No. 1469-01-0-00-016
The criteria for review of this Special Review Permit is 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:
City of Fort Lupton, referral dated May 15, 2019
Fort Lupton Fire Protection District, referral dated June 5, 2019
Colorado Division of Water Resources, referral dated April 30, 2019
Colorado Department of Transportation, referral dated May 28, 2019
Weld County Department of Public Works, referral dated May 16, 2019
Weld County Department of Public Health and Environment, referral dated May 16, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ City of Dacono, referral dated April 30, 2019
▪ Town of Frederick, referral dated May 8, 2019
▪ Weld County Zoning Compliance, referral dated April 30, 2019
▪ Weld County School District RE -8, referral dated April 19, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Brighton Ditch Company
▪ Weld County Sheriff's Office
▪ Platte Valley Conservation District
▪ Weld County Department of Building Inspection
USR18-0034 — Ruiz Trucking, LLC
Page 1 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Michael Hall Hearing Date: August 6, 2019
Case Number: USR19-0034
Owner: Ruiz Trucking, LLC (c/o Manuel G. Ruiz -Prieto) and Gloria Karina Ruiz
Representative: AGPROfessionals, LLC do Kelsey Bruxvoort
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in
the Commercial or Industrial Zone Districts (semi -truck parking for a water hauling
business and fuel storage) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
Legal
Description:
Location:
Being a part of the SE4 of Section 1, TIN, R67W of the 6th P.M., Weld County, CO
South of and adjacent to State Highway 52; approximately 0.1 miles east of County
Road 23
Size of Parcel: +/- 2.37 acres Parcel No. 1469-01-0-00-016
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for a
commercial business (semi -truck parking) on a 2.37 acre parcel. The applicant owns and operates the
trucking company as Ruiz Trucking, LLC. Up to ten (10) semi -trucks and associated trailers will be parked
on the property and will be used to haul water for oil and gas support or other hauling as market
conditions allow. There is an existing 1,400 square foot manufactured home, which will be converted to
an office and contains a restroom for employee use. A Change of Use building permit and commercial
septic system are required. A 4,800 square foot garage is proposed for storage of trucks and accessory
storage and will be located to the west of the manufactured home. Outdoor truck parking will be located to
the south and east of the existing residence on improved gravel surface.
There will be up to five -hundred (500) gallons of on -site fuel storage with appropriate containment.
Lighting will be building -mounted and shielded from surrounding properties and rights -of -way. Adequate
employee parking will be provided; however, will not be defined to a specific area to allow for flexible site
operation. The existing trees, native grass and existing metal post/wire fence will be maintained. No
painting, washing or vehicle maintenance is proposed, and waste materials will not be stored on -site. No
other site improvements, signage or landscaping is proposed. No shift work is proposed, and the site will
not be open to the public.
Trucks will be parked on site 24 -hours a day. The hours of operation of the business are 5:00 am to 8:00
pm, 7 -days a week. Occasional operations outside of the hours of operation may be required due to the
oil and gas industry service needs. Up to (10) full-time employees are proposed. Full-time employees will
be on -site for less than two (2) hours at a time to pick-up and drop-off trucks.
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The site is accessed by a private access road, which extends east off County Road 23, and serves
several parcels including the subject USR site. The road lies within an existing ingress/egress easement,
dated July 20, 2012 and recorded June 1, 2018, reception # 4403861. The easement details that it may
be used for commercial purposes include a trucking and oil field service business and that it may be used
by future successors and assigns of the parcels which it serves.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 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 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.2. - A.Policy 7.2. states, "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject
site is in an area that can support such development and should attempt to be compatible
with the region.
The proposed business is located in an area that contains several other commercial
businesses and the proposed business is compatible with the existing businesses.
Productive agricultural activities are not readily supported on this parcel because of the
small lot size. Additionally, the subject business provides a needed support service to the
prolific oil and gas activity in Weld County by hauling water used in the drilling process.
Furthermore, this property is located directly south of State Highway 52, which is a major
corridor that supports commercial and industrial transportation.
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, "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by Special Review which
have been determined to be more intense or to have a potentially greater impact than
Uses Allowed by Right." As of April 17, 2019, the date of complete application submittal,
this code section allows the applicant to apply for a Use by Special Review permit for the
subject business which is more intense than Uses Allowed by Right.
Section 23-3-40.S. — Uses by special review, of the Weld County Code allows, "Any use
permitted as a Use by Right, an Accessory Use, or a 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 lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivisions." As of April 17, 2019, the date of complete
application submittal, this code section allows the applicant to apply for a USR for a
commercial/industrial operation because the site is not located within a subdivision or
historic townsite.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The adjacent lands consist of farmland, rural residences, oil and gas operations and
commercial/industrial operations. There are four (4) parcels immediately adjacent to the
site; two (2) with residences located on them. The applicant does not own any other
contiguous land. The parcel direct west of and adjacent to the subject USR parcel is
zoned C-3 (Business Commercial) and contains a commercial trucking and oilfield
services business, permitted by SPR12-0005. The parcel directly south of and adjacent
USR18-0034 — Ruiz Trucking, LLC
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to the subject USR parcel contains a sawmill and retail sales of lumber and furniture
business, permitted by USR11-0001. There are several other USRs within one mile of
this site including an agricultural service establishment, kennel, construction business,
gravel mining and mineral resource development facilities.
The Weld County Department of Planning Services sent notice to six (6) surrounding
property owners within 500 feet of the proposed USR boundary. Planning staff received
one (1) letter in opposition to this USR, dated May 5, 2019 from the property owner
directly to the south, which contains the sawmill business (USR11-0001). The letter
outlined concerns with drainage, improper waste disposal, gunfire, parties, irregular hours
of operation, heavy truck traffic, road damage, landscape damage, and real property
damage. It was unclear from the letter whether these nuisances were related to the
previous or current owner and whether they were occurring on the subject USR parcel or
the adjacent parcel to the west, which is not a part of this USR.
The Nuisance Management Plan as submitted in the application, Improvements
Agreement, Conditions of Approval and Development Standards should adequately
address any concerns. Additionally, the existing manufactured home (proposed office)
and proposed garage are located in between the truck storage yard and Highway 52.
While these structures do not completely screen the operation from the traveling public,
the visual breakup provided by the structures should adequately screen the site.
Additionally, the existing tree screening on the north side of the manufactured home
provides vegetative screening.
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.
Although this area is not expressly designated for industrial uses, the site offers
convenient access to State Highway 52, which is a direct and important transportation
connection in Northern Colorado. Locating this type of USR next to a major transportation
corridor minimizes the need for trucks to drive on local roads or extensively through
agricultural lands, which supports Section 22-2-80.C and F of the Weld County Code.
This site is located within the three (3) mile referral radius of the City of Fort Lupton. The
Fort Lupton referral dated May 15, 2019 expressed the City's interest in annexation.
However, the subject parcel is not adjacent to any annexed parcels. The site is only
contiguous to Fort Lupton municipal limits via State Highway 52, annexed by the Highway
52 Annexation No. 4, recorded December 29, 2014, reception # 4071547.
The site is located within the City of Fort Lupton Coordinated Planning Agreement
boundary. During the pre -application process, the applicant submitted a Notice of Inquiry
form to the City via email dated November 27, 2018. No response was received from the
City within the 21 -day development proposal notice period per Section 19-12-50.B of the
Weld County Code.
The site is not located in a Regional Urbanization Area (RUA) or Urban Growth Boundary
(UGB) of a municipality.
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 not located within the A -P (Airport) Overlay District Geologic Hazard
Overlay District, a Special Flood Hazard Area or MS4 area.
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Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, 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.
A small portion (northwest) of the site is designated as "Prime (Irrigated) - Farmlands of
National Importance. The majority of the site is designated as "Other" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The proposed USR will
not remove any agricultural land from production. The subject site is not used for
agricultural purposes as the 2.37 acre parcel has existed in its current configuration since
1965 and due to the small lot size, is not suitable for agricultural production. Additionally,
the surrounding commercial, residential and highway land uses do not support
agricultural production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The applicant submitted a Nuisance Management Plan in the application materials, which
details how common nuisance conditions associated with a trucking company will be
addressed. Additionally, 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.
The Weld County Environmental Health and Weld County Public Works referrals, both
dated May 16, 2019, provide additional background and advisory information regarding
designing and operating the site in conformance with the interests of the County, public
and other governmental agencies.
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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT) regarding access, potential highway improvements and drainage design, as stated in
the referral response dated May 28, 2019. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall address the requirements of the Fort Lupton Fire Protection District
regarding emergency identification, access requirements and other advisory comments, as
stated in the referral response dated June 5, 2019. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
C. As the existing on -site waste water treatment system (OWTS) for the residence (SP -
0701131) will be utilized for business use, the OWTS shall be reviewed by a Colorado
registered professional engineer to determine sizing limitations. The review shall consist of
observation of the system and a technical review describing the system's ability to handle the
proposed use. The review shall be submitted to the Environmental Health Services Division
of the Weld County Department of Public Health and Environment. In the event the system is
found to be inadequately sized for the proposed use, the system shall be brought into
compliance with current OWTS regulations. (Department of Public Health and Environment)
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D. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes. (Department of
Public Works)
E. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Public
Works)
F. The applicant shall submit a recorded copy of any agreement signed by all owners of
property crossed by the access. The access shall be for ingress, egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception Number.
(Department of Public Works)
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0034. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) Show and label the location of the areas for the parking of trucks, trailers and fuel
storage. (Department of Planning Services)
5) Show and label the location of existing and proposed buildings. (Department of
Planning Services)
6) Show and label the location of the trash collection areas. Section 23-3-250.A.6. of the
Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
7) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article
IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8) If applicable, the map shall delineate the lighting. All lighting shall be shielded so that
light rays will not shine directly onto adjacent properties. (Department of Planning
Services)
9) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads
shall be indicated on the map per the setback requirements of 23-3-50.E of the Weld
County Code. (Department of Planning Services)
10) Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number, including the existing ingress/egress easement,
dated July 20, 2012 and recorded June 1, 2018, reception # 4403861. (Department
of Planning Services)
11) State Highway 52 requires 200 feet of right-of-way at full buildout (100 feet either side
of centerline) according the CDOT referral, dated May 28, 2019. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by CDOT.
(Department of Planning Services)
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12) County Road 23 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 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. (Department of Public Works)
13) Show and label the approved tracking control on the site plan. (Department of Public
Works)
14) 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
volume. (Department of Public Works)
15) The applicant shall show the drainage flow arrows. (Department of Public Works)
16) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
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 Mylar map along with all other
documentation required as Conditions of Approval. The Mylar 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 Mylar 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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. A Weld County access permit shall be obtained. (Department of Public Works)
B. The approved tracking control shall be constructed. (Department of Public Works)
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit shall be obtained.
(Department of Public Works)
5. The Use by Special Review 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 map 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ruiz Trucking, LLC
USR19-0034
1. A Site Specific Development Plan and Use by Special Review Permit for any Use permitted as a
Use by Right, an Accessory Use or a Use by Special Review Permit in the Commercial or
Industrial Zone Districts (semi -truck parking for a water hauling business and on -site fuel storage)
provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions 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 of the business are 5:00 am to 8:00 pm, 7 -days a week. Trucks will be
parked on site 24 -hours a day. Occasional operations outside of the hours of operation may be
required due to the oil and gas industry service needs. (Department of Planning Services)
4. The number of employees shall be ten (10). (Department of Planning Services)
5. The number of commercial trucks shall be ten (10). (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E
of the Weld County Code. (Department of Planning Services)
8. 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. (Department of Public Works)
9. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Public Works)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. 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. (Department of Public
Works)
12. The Property Owner shall comply with all requirements provided in the executed Road
Maintenance Agreement. (Department of Public Works)
13. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a
site visit and possible updates. (Department of Public Works)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
15. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
16. 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)
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17. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and
Environment)
18. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Public Health and Environment)
19. 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)
20. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25 12 103 C.R.S. (Department of Public Health and Environment)
21. Any septic 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)
22. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons
of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. (Department of Public Health and Environment)
23. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
24. 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)
25. 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)
26. Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. 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 Residential Code; 2006
International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County
Code. A plan review shall be approved, and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
27. 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.
28. 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.
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29. 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.
30. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,
and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because
(a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous
counties of the state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
31. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102,
C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
USR18-0034 — Ruiz Trucking, LLC
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to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
USR18-0034 — Ruiz Trucking, LLC
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June 25, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
BRUXVOORT KELSEY
3050 67TH AVENUE SUITE 200
GREELEY, CO 80634
Subject: USR19-0034 - A Site Specific Development Plan and Use by Special Review Permit for any
Use permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in the
Commercial or Industrial Zone Districts (semi -truck parking for a water hauling business and fuel
storage) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
PART SW4 SECTION 1, T1 N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 6, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 28, 2019
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative 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
www.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respecilly,
/;!1
Michael Hall
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
April 18, 2019
BRUXVOORT KELSEY
3050 67TH AVE STE 200
GREELEY, CO 80634
Subject: USR19-0034 - A Site Specific Development Plan and Use by Special Review Permit for any
Use permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in the
Commercial or Industrial Zone Districts (semi -truck parking for a water hauling business and fuel
storage) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
PART SW4 SECTION 1, T1 N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Dacono at Phone Number 303-833-2317
Fort Lupton at Phone Number 303-857-6694
Frederick at Phone Number 720-382-5500
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respe ct! ly,
..
Michael Hall
Planner
FIELD CHECK
Inspection Date: 7/25/2019
Planner: Michael Hall Hearing Date: August 6, 2019
Case Number: USR19-0034
Owner: Ruiz Trucking, LLC (c/o Manuel G. Ruiz -Prieto) and Gloria Karina Ruiz
Representative: AGPROfessionals, LLC c/o Kelsey Bruxvoort
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in
the Commercial or Industrial Zone Districts (semi -truck parking for a water hauling
business and fuel storage) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
Legal
Description:
Location:
Being a part of the SE4 of Section 1, TIN, R67W of the 6th P.M., Weld County, CO
South of and adjacent to State Highway 52; approximately 0.1 miles east of County
Road 23
Size of Parcel: +/- 2.37 acres
Parcel No. 1469-01-0-00-016
Zoning
Land Use
N
A (Agricultural) / Fort Lupton (SH 52)
N
Agricultural / Highway
E
A (Agricultural)
E
Agricultural / Residential
S
A (Agricultural)
S
Agricultural / Residential /
Commercial (USR11-0001)
W
A (Agricultural) /
C-3 (Business Commercial)
W
Commercial / Industrial (SPR12-0005)
COMMENTS:
The site is located directly south of Highway 52 and is raised above the grade of the Highway. It is difficult
to see into the site from the Highway. There is no access into the site from the Highway. The site is
accessed off of CR 23. The site is approximately 0.1 miles east of CR 23 and uses a private easement
road to get to the site. Cattle guard at entrance to site. Two other properties use this access road, both for
commercial operations. The subject site is at the end of the access road.
The site contains one existing residence and outbuilding. One fuel tank was observed. There are existing
trees and vegetation along the eastern and southern property line that buffer the site from the adjacent
properties. Two semi trucks and trailers were parked on -site. There is a solid metal fence extending north
from the access point, along the western property boundary which is shared with Ramirez Trucking.
Michael Hall, Planner
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