HomeMy WebLinkAbout20182336.tiffPlanner:
Case Number:
Owner:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
Michael Hall
USR18-0025
Ruiz Trucking, LLC do Manuel G. Ruiz -Prieto
AGPROfessionals, LLC c/o Kelsey Bruxvoort
3050 67th Avenue Suite 200, Greeley, CO 80634
Hearing Date: July 17, 2018
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.
Lot A of Recorded Exemption RE -3235; being a part of the SE4 of Section 14, T4N,
R65W of the 6th P.M., Weld County, CO
North of and adjacent to County Road 44; west of and adjacent to County Road 47
+/- 6.28 acres Parcel No. 1055-14-4-00-022
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:
Weld County Zoning Compliance, referral dated March 22, 2018
Y Central Weld County Water District, referral dated April 19, 2018
Y Weld County Department of Public Works, referral dated April 13, 2018
Y Weld County Department of Public Health and Environment, referral dated April 19, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Sheriff's Office, referral dated April 4, 2018
▪ Greeley- Weld County Airport, referral dated March 22, 2018
▪ West Greeley Conservation District, referral dated April 9, 2018
▪ Weld County School District RE -1, referral dated March 26, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
La Salle Fire Protection District
Weld County Department of Building Inspection
USR18-0025 - Ruiz Trucking, LLC
Page 1 of 11
Planner:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Michael Hall
Case Number: USR18-0025
Owner: Ruiz Trucking, LLC do Manuel G. Ruiz -Prieto
Representative: AGPROfessionals, LLC c/o Kelsey Bruxvoort
3050 67th Avenue Suite 200, Greeley, CO 80634
Request:
Hearing Date: July 17, 2018
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.
Legal Lot A of Recorded Exemption RE -3235: being a part of the SE4 of Section 14, T4N,
Description: R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 44; west of and adjacent to County Road 47
Size of Parcel: +/- 6.28 acres Parcel No. 1055-14-4-00-022
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 6.28 acre parcel. The applicant owns and operates the
trucking company as Ruiz Trucking, LLC. Up to seven (7) semi -trucks 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. Truck
parking will be located to the north of the existing residence on improved gravel surface. There will be up
to 500 gallons of on -site fuel storage with appropriate containment. No painting, washing or vehicle
maintenance is proposed and waste materials will not be stored on site. No additional buildings, site
improvements, signage or landscaping is proposed. There is existing vegetative screening around the
perimeter of the site and barb -wire fence.
Trucks will be parked on site 24 -hours a day. The hours of operation of the business are 6:00 am to 6:00
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. Three (3) to seven (7) full-time employees are proposed. Currently,
two (2) employees (family members) reside on -site. Full-time employees will be on -site for less than two
(2) hours at a time to pick-up and drop-off trucks.
The site is currently in violation (ZCV17-00149) of Chapter 23 of the Weld County Code for not having the
necessary land use permits before operating a commercial business. This case has been forwarded to
the County Attorney's Office; therefore, an investigation fee is required.
If this application is approved by the Board of County Commissioners, it will correct the outstanding
violation. If this application is denied, the case will continue through the County Court process until all but
one (1) Commercial Vehicle (which is allowed as an Accessory Use in the Ag Zone District) are removed
from the property.
USR18-0025 - Ruiz Trucking, LLC
Page 2 of 11
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 property contains a residence which is compatible with surrounding properties. The
proposed commercial business will complement the existing uses of the property.
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.
Section 22-2-20.H. - A.Goal 8. States, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
Water and septic service are provided to the property. Central Weld County Water District
provides water service to the property (Tap #1842). There is an existing septic system,
permit #SP -0200181, for the existing home (21065 County Road 47) and is sized for
three bedrooms. No structures are proposed to be used for the business. The business
will be served by a portable toilet and bottled water will be provided for employees when
they are at the site.
Section 22-2-20.H.8 - A.Policy 8.4. states, "The land use applicants should demonstrate
that drainage providing stormwater management for the proposed land use change is
adequate for the type and style of development and meets the requirements of county,
state and federal rules and regulations."
The drainage narrative was submitted and reviewed by the Department of Public Works.
The site meets exception F.1.a.8 for sites where the development of the site does not
increase the imperviousness of the site.
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."
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."
USR18-0025 - Ruiz Trucking, LLC
Page 3 of 11
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
confined animal feeding operations. There are six (6) properties immediately adjacent to
the site; four (4) with residences located on them. The applicant does not own any other
contiguous land. There is one (1) USR within one mile of this site. SUP -202 for
approximately 14,000 head feedlot facility is located 0.11 miles east of the site. There are
several USRs beyond the mile radius including mineral resources development facilities,
natural gas pipelines, dairies, gravel mining pits, and oil and gas support and service
facilities.
The Weld County Department of Planning Services sent notice to seven (7) surrounding
property owners within 500 feet of the proposed USR boundary. Planning staff received
one (1) letter in opposition to this USR, dated April 5, 2018. The letter outlined concerns
with noise, dust, diesel odor, road damage, 24 -hour vehicle activity, parking of employee
vehicles, lowering property values and incompatibility with the area. The applicant held a
neighborhood meeting on February 24, 2018 at 11 am at their residence. No neighbors
attended the meeting.
The Nuisance Management Plan as submitted in the application, Improvements
Agreement, Conditions of Approval and Development Standards should adequately
address these concerns. Additionally, the existing tree screening around the perimeter of
the site visually buffers the business from surrounding property owners and the
roadways.
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.
This site is not located within a three (3) mile referral radius or within an
intergovernmental agreement boundary 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 site is located in the A -P (Airport) Overlay District; however, the Greeley -Weld
County Airport referral response, dated March 22, 2018 indicated no concerns. The
property is not within the 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.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the 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 proposed facility is located on soils designated as "Irrigated Land (Not Prime)" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The
subject site is not used for agricultural purposes and will not further remove any active
farm ground from production. The USR is located on a dry corner recorded exemption lot
which was split from a parent parcel with a center pivot.
USR18-0025 - Ruiz Trucking, LLC
Page 4 of 11
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 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.
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 Central Weld County Water District, as
stated in the referral response dated 04/19/2018. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
B. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. The Agreement shall require the construction of the following capital
improvements. (Department of Public Works)
1) Future off -site improvements to be completed:
a. Design and construct a left deceleration/turn lane on CR 47 whenever traffic
exceeds 10 vehicles per hour (VPH) turning left into the Property for an average
daily peak hour.
b. Design and construct a right deceleration/turn lane on CR 47 whenever traffic
exceeds 25 VPH turning right into the Property for an average daily peak hour.
c. Design and construct a left acceleration lane on CR 47 whenever such a lane
would be a benefit to the safety and operation of the roadway. The County, in its
sole discretion, shall determine if a left acceleration lane is required.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0025. (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 and fuel storage.
(Department of Planning Services)
5) Show and label the location of existing 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)
USR18-0025 - Ruiz Trucking, LLC
Page 5 of 11
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. (Department of Planning Services)
11) County Road 47 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 on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Department of Public Works)
12) County Road 44 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout. 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 Weld County. (Department of Public Works)
13) Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
14) Show and label the approved tracking control on the site plan. (Department of Public
Works)
15) If applicable, show and label the entrance gate. 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.
(Department of Public Works)
16) The applicant shall show the drainage flow arrows. (Department of Public Works)
17) 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)
USR18-0025 - Ruiz Trucking, LLC
Page 6 of 11
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.).This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
This site requires road base or recycled asphalt on all driving surfaces for tracking control.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. The Use by Special Review 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)
USR18-0025 - Ruiz Trucking, LLC
Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ruiz Trucking, LLC
USR18-0025
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 is 6:00 am to 6:00 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 seven (7). (Department of Planning Services)
5. The number of commercial trucks shall be seven (7). (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 shall control noxious weeds on the site. (Department of Public Works)
9. The access on 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 Improvements
Agreement. (Department of Public Works)
13. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
14. 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)
15. 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)
USR18-0025 - Ruiz Trucking, LLC
Page 8 of 11
16. 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)
17. 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)
18. 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)
19. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times.
For employees or contractors on site for less than 2 consecutive hours a day, and 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)
20. 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)
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
22. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
23. 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)
24. 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)
25. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2014 National Electrical Code; A building permit application must be completed
and two 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 registered State of Colorado engineer shall be required or an open hole inspection.
(Department of Building Inspection)
26. 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.
27. 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.
USR18-0025 - Ruiz Trucking, LLC
Page 9 of 11
28. 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.
29. 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.
30. WELD COUNTY'S RIGHT TO FARM: 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
USR18-0025 - Ruiz Trucking, LLC
Page 10 of 11
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
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.
USR18-0025 - Ruiz Trucking, LLC
Page 11 of 11
June 18, 2018
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 AVE
GREELEY, CO 80634
Subject: USR18-0025 - 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 SE4 SECTION 14, T4N, R65W LOT A REC EXEMPT RE -3235 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 17, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 1, 2018 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.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
/-"/
Michael Hall
Planner
March 22, 2018
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 AVE
GREELEY, CO 80634
Subject: USR18-0025 - 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 SE4 SECTION 14, T4N, R65W LOT A REC EXEMPT RE -3235 of the 6th P.M., Weld County,
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.
If you have any questions concerning this matter, please call.
Respectfully,
r'
Michael Hall
Planner
FIELD CHECK
Inspection Date: 06/28/2018
Case Number: USR18-0025
Applicant: Ruiz Trucking, LLC c/o Manuel G. Ruiz -Prieto
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 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.
Legal
Description:
Location:
Size of Parcel:
Lot A of Recorded Exemption RE -3235; being a part of the SE4 of Section 14,
T4N, R65W of the 6th P.M., Weld County, CO
North of and adjacent to CR 44; west of and adjacent to CR 47
+/- 6.28 acres
Parcel No. 1055-14-4-00-022
Zoning
Land Use
N
A (Agricultural)
N
Agricultural / Residential
E
A (Agricultural)
E
Agricultural / Residential
S
A (Agricultural)
S
Agricultural / Residential
W
A (Agricultural)
W
Agricultural
COMMENTS:
The site is located at the northwest corner of CR 44 (paved) and CR 47 (gravel). There is one access into
the site off of CR 47. No access comes from CR 44. The site contains one existing residence. There is a
field between the residence and the roads. There is one large shop and several small outbuilding and car
ports north of the residence, in the northern part of the site. Several vehicles were observed which appear
to be employee parking. 4 semi trucks and trailers were parked on site as well as flatbed trailers and a
pile of semi truck tires. There was existing landscaping (row of trees and vegetation) that buffer the site
from the adjacent properties to the north and west and from the roadways to the south and east. There is
a slat fence extending north from the access point.
Michael Hall, Planner
Hello