HomeMy WebLinkAbout20182335.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
US2 1% -ao
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:
USR18-0025
MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
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.
LOT A REC EXEMPT RE -3235; BEING PART SE4 SECTION 14, T4N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 44; WEST OF AND ADJACENT TO CR 47.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 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."
RESOLUTION USR18-0025
MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
PAGE 2
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."
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 11am 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 M54 area.
RESOLUTION USR18-0025
MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
PAGE 3
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.
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 Planning Commission 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)
RESOLUTION USR18-0025
MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
PAGE 4
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)
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)
RESOLUTION USR18-0025
MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
PAGE 5
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. 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)
Motion seconded by Tom Cope.
VOTE:
For Passage Against Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Terry Cross
Tom Cope
Lonnie Ford
Richard Beck
Absent
Jordan Jemiola
Gene Stille
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.
RESOLUTION USR18-0025
MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
PAGE 6
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on July 17, 2018.
Dated the 17t" of July, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0025
MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
PAGE 7
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)
RESOLUTION USR18-0025
MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
PAGE 8
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.
RESOLUTION USR18-0025
MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
PAGE 9
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 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.
RESOLUTION USR18-0025
MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
PAGE 10
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, sandburs, 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. A \v QCs
co 14;o1b
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 17, 2018
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,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Terry Cross. Bruce Johnson. Tom Cope, Lonnie Ford. Richard
Beck.
Absent: Jordan Jemiola, Gene Stille.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Angela Snyder, Michelle Martin, and
Tom Parko, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health: Evan
Pinkham, Public Works; Frank Haug. County Attorney. and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER,
REQUEST:
LEGAL DESCRIPTION
LOCATION.
USR18-0025
MANUEL G. RUIZ PRIETO, CIO RUIZ TRUCKING. LLC
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
LOT A REC EXEMPT RE -3235: BEING PART SE4 SECTION 14, T4N, R65W OF
THE 6TH P M WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 44. WEST OF AND ADJACENT TO CR 47
Michael Hall, Planning Services, presented Case USR18-0025, reading the recommendation and
comments into the record. Mr. Hall noted that two (2) letters were received in opposition to this case. The
letters outline concerns of noise, lighting, dust, diesel odor, road damage. 24 -hour vehicle activity, parking
of employee vehicles, lowering property values and incompatibility with the area. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site, and the drainage conditions
for the site.
Commissioner Ford said that County Road 47 is a very narrow road and asked if there is adequate space
to pull those trucks into the property. Mr. Pinkham said it is a narrow road: however, it appears to have
enough space. He added that the design criteria require that there is a wide enough driveway as well as a
60 -foot radius on the aprons for the driveway.
Lauren Light, Environmental Health. reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Kelsey Bruxvoort, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, stated that they are
representing the applicant who is requesting approval to allow for parking of up to seven (7) trucks. She
added that the applicant is living on the property. Ms. Bruxvoort said that trucks will be mainly used for
hauling water for oil and gas support services and added that there may be other hauling as market
conditions allow. Parking may occur on site 24/7 and the primary hours of operation are from 6 am to 6 pm
daily.
1
Commissioner Cope asked where the employees will park their personal vehicles. Ms. Bruxvoort said that
they will be parked next to the semi -trucks on the improved gravel surfaces. Mr. Cope commented that it
appears it will be pretty tight.
Commissioner Johnson said that in other cases like this it has been a concern from the neighbors with the
trucks being started and idling. He noticed that the driveway is to the north of the closest neighbor but
when the drivers leave they will go by the neighbor. He asked what kind of impact that will be for neighbors.
Ms. Bruxvoort said that the access point is located in the approval area. She said that they are not allowed
an access onto County Road 44, as it is an arterial roadway. She added that if they were to align the access
any closer to County Road 44 she doesn't believe it would meet any of the safety and spacing criteria to
allow the trucks to pull in. It the driveway was to be aligned directly with the property to the east there would
be a bigger potential for glare onto their property.
Commissioner Ford asked how large the employee parking is. Ms. Bruxvoort said that it is up to one or
one and one-half acres. She added that they would have requested additional truck parking; however, this
is what the site can support and found that it is adequate for them to turn around and use the site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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.
Commissioner Ford said that it seems that they are allowing commercial areas in agricultural too much. He
said that there are very nice homes south and east of this property and it seems that they are moving
commercial areas into agricultural areas too much. He believes it is inconsistent with what people expected
out there.
Commissioner Cross said that with oil and gas exploration there are water trucks needed to support it. Mr.
Ford said he would think that the oil trucks could be located in a commercial area and not a residential area.
Commissioner Johnson said that we have harmed the original agricultural intent and some of these types
of nonagricultural activities do impact the rural residences which are part of the agricultural activity. He
added that he has been concerned with this overall activity.
Motion: Forward Case USR18-0025 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, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope.
Commissioner Ford commented that he believes that there is a problem with moving too much commercial
into agricultural areas. However, it seems we are moving that way.
Commissioner Sparrow said that we have also let this area turn into a residential area with more and more
residents. He added that this is another transition for the area.
Meeting adjourned at 4:32 pm.
Respectfully submitted,
4`xuranu,AanocEm.
Kristine Ranslem
Secretary
2
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