HomeMy WebLinkAbout20193800.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
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U.SEZVA -00314
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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
U S R 19-0034
RUIZ TRUCKING. LLC AND GLORIA KARINA RUIZ
MICHAEL HALL
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.
PART SW4 SECTION 1 T1 N. R67W OF THE 6TH P M.. WELD COUNTY.
COLORADO.
SOUTH OF AND ADJACENT TO STATE HIGHWAY 52. APPROXIMATELY 0.1
MILES EAST OF CR 23.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 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
RESOLUTION USR19-0034
RUIZ TRUCKING. LLC AND GLORIA KARINA RUIZ
PAGE 2
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 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
RESOLUTION USR19-0034
RUIZ TRUCKING LLC AND GLORIA KARINA RUIZ
PAGE 3
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 Xl. 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.
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.
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 healthsafety.
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 Planning Commission 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)
RESOLUTION USR19-0034
RUIZ TRUCKING. LLC AND GLORIA KARINA RUIZ
PAGE 4
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)
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)
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)
RESOLUTION USR19-0034
RUIZ TRUCKING LLC AND GLORIA KARINA RUIZ
PAGE 5
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)
11) 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)
12) Show and label the approved tracking control on the site plan. (Department of Public
Works)
13) 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)
14) The applicant shall show the drainage flow arrows. (Department of Public Works)
15) 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)
RESOLUTION USR19-0034
RUIZ TRUCKING. LLC AND GLORIA KARINA RUIZ
PAGE 6
Motion seconded by Tom Cope.
VOTE:
For Passage
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Against Passage Absent
Skip Holland
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 Commissioner's for further proceedings.
CERTIFICATION OF COPY
I. Michelle Wall. 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 August 6, 2019.
Dated the 6th of August. 2019
of Worn_
Michelle Wall
Secretary
RESOLUTION USR19-0034
RUIZ TRUCKING LLC AND GLORIA KARINA RUIZ
PAGE 7
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)
RESOLUTION USR19-0034
RUIZ TRUCKING. LLC AND GLORIA KARINA RUIZ
PAGE 8
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. The accepted
Nuisance Management Plan shall be adhered to. (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.
RESOLUTION USR19-0034
RUIZ TRUCKING. LLC AND GLORIA KARINA RUIZ
PAGE 9
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 to arterials may not
RESOLUTION USR19-0034
RUIZ TRUCKING. LLC AND GLORIA KARINA RUIZ
PAGE 10
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.
PC WV\na\-ts
CA Iol wig
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 6, 2019
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,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch.
Absent: Skip Holland.
Also Present: Chris Gathman, Michael Hall, Angela Snyder, and Maxwell Nader, Department of Planning
Services; Lauren Light, Department of Health; Evan Pinkham, and Mike McRoberts, Public Works; Bob
Choate, County Attorney, and Michelle Wall, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR19-0034
RUIZ TRUCKING, LLC AND GLORIA KARINA RUIZ
MICHAEL HALL
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.
PART SW4 SECTION 1, T1 N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO STATE HIGHWAY 52; APPROXIMATELY 0.1
MILES EAST OF CR 23.
Michael Hall, Planning Services, presented Case USR19-0034, reading the recommendation and
comments into the record. Staff received one letter of opposition from a neighbor who lives to the south of
the property. The neighbor had concerns with drainage, proper waste disposal, gunfire, parties, irregular
house of operation, heavy truck traffic, road damage, landscape damage, and real property damage. Mr.
Hall explained it is unclear if the complaints and nuisances mentioned in the letter are related to the previous
owners or the current owners of the property; the property was recently sold. Staff received a follow up
email from the concerned neighbor. Mr. Hall sent the neighbor a draft copy of the Staff Report and after
they read the report, they were in favor of the USR because of the conditions of approval and development
standards the applicant will need to follow. The Department of Planning Services recommends approval
of this application with the attached conditions of approval and development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control. and the Waste Handling Plan. Staff requested to delete Development Standard 23 because
the applicant does not meet the requirement for a State permit. Ms. Light asked to add the following wording
at the end of Development Standard 18, "The accepted Nuisance Management Plan shall be adhered to".
Shannon Toomey AGPROfessionals, 3050 67th Avenue, Greeley, Colorado. Ms. Toomey stated that she
was representing Manuel Ruiz -Prieto, Gloria Karina Ruiz and Ruiz Trucking, LLC. She said they are
requesting a USR permit to allow for a trucking and oil field services business which will be parking 10
semi -trucks on site. The semi -trucks will be used for mainly hauling water for oil and gas support. The
trucks may be used for other hauling as market conditions allow. Ms. Toomey explained the drivers will be
on site for less than 2 hours. She said the existing house will be used as an office. Ms. Toomey explained
the proposed use is consistent with existing surrounding uses.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Remove Development Standard 23, as requested by Staff, Moved by Elijah Hatch, Seconded
By Bruce Johnson. Motion carried unanimously.
Motion: Amend Development Standard 18, as requested by Staff, Moved by Gene Stille, Seconded By
Elijah Hatch. 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 USR19-0034 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 Bruce Johnson, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch. Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Meeting adjourned at 1:41 pm.
Respectfully submitted,
•Mucnifee, Waite -
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME
- PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
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