HomeMy WebLinkAbout20150080.tiff LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: October 7, 2014
November 4, 2014
Case Number: USR14-0039
Applicant: Euden and Bianca Balderrama
Triple B Transport
Address: 15643 Morris Avenue, Fort Lupton, CO 80621
Representative: Larry Carroll, Jr., The Carroll Group, Ltd., Brighton, CO 80601
Request: A Site Specific Development Plan and Use by Special Use Permit for any use permitted
as a use by right, an accessory use, or a use by special review in the commercial or
industrial zone districts (heavy equipment-trucking and truck repair shop along with
outside equipment/vehicle storage and staging), provided that the property is not a lot
in an approved or recorded subdivision plat or lots pads of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District
Lot B of Recorded Exemption No. RE-4704 being part of the SW4 of Section 22,
L 9 esclription: Township 2 North, Range 66 West of the 6`h P.M., County of Weld, State of Colorado
Location: 1300 feet East of County Road 31; North of and adjacent to County Road 18
Size of Parcel: +/- 22.53 acres Parcel No. 1309-22-3-00-063
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:
y Weld County Zoning Compliance, referral dated July 24, 2014
y Fort Lupton Fire Protection District, referral dated July 24, 2014
State of Colorado, Division of Water Resources, referral dated July 28, 2014
• Department of Public Works, Access Permit division, referral dated August 14, 2014
• Weld County Department of Public Health and Environment, referral dated August 19, 2014
• Public Service Company of Colorado, referral dated August 20, 2014
y Kerr-McGee Onshore Oil & Gas, LP, referral dated August 20, 2014
y City of Fort Lupton Planning, referral dated August 21, 2014
Weld County Department of Public Works, referral dated September 8, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Department of Building Inspection, referral dated July 28, 2014
v Weld County Sherriff's Office, referral dated August 19, 2014
USR14-0039, Balderrama, Page 1 of 12
The Department of Planning Services' staff has not received responses from the following agencies:
v Colorado Department of Transportation
Weld County School District RE-9
USR14-0039, Balderrama, Page 2 of 12
‘k AP
SPECIAL REVIEW PERMIT
r. 1= ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: October 7, 2014
Case Number: USR14-0039
Applicant: Euden and Bianca Balderrama
Triple B Transport
Address: 15643 Morris Avenue, Fort Lupton, CO 80621
Representative: Larry Carroll, Jr., The Carroll Group, Ltd., Brighton, CO 80601
Request: A Site Specific Development Plan and Use by Special Use Permit for any use permitted
as a use by right, an accessory use, or a use by special review in the commercial or
industrial zone districts (heavy equipment - trucking and truck repair shop along with
outside equipment/vehicle storage and staging), 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 B of Recorded Exemption No. RE-4704 being part of the SW4 of Section 22,
L g esclription: Township 2 North, Range 66 West of the 6`h P.M., County of Weld, State of Colorado
Location: 1300 feet East of County Road 31; North of and adjacent to County Road 18
Size of Parcel: +/- 22.53 acres Parcel No. 1309-22-3-00-063
Case Summary:
The property is proposed for the Balderrama home, farm and base of operations for their trucking
company. Presently there are two full time employees on site during business operations and up to 15
drivers accessing the property on a daily basis. Currently the property has no improvements on site.
There is an active Zoning Violation, ZCV14-00074, initiated due to the operation of a trucking business
without first completing the necessary Weld County Zoning Permits. Planning staff has received three
letters of opposition, two friom the adjacent property owners and one from a property owner directly south
of the point of ingress and egress to the property. All complainants held concerns with traffic, hours of
operation, noise and in two cases safety.
This case has not been presented to the Weld County Court Magistrate through the Violation Hearing
process. If this application is approved by the Board of County Commissioners, and the Conditions of
Approval met, and the USR Map recorded, these actions will correct this outstanding violation. If this
application is denied, the commercial vehicles and all operations shall be removed from the property
within 30 (thirty) days of denial or the violation will proceed in court accordingly.
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.
USR14-0039, Balderrama, Page 3 of 12
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 23-2-220.A.1. A.Policy 7.1.
states "County land use regulations should support commercial and industrial uses that
are directly related to, or dependent upon, agriculture, to locate within the agricultural
areas, when the impact to surrounding properties is minimal, or can be mitigated, and
where adequate services are currently available or reasonably obtainable." The heavy
equipment - trucking and truck repair shop along with outside equipment/vehicle storage
and staging facility is presently in operation on site and is located in an area that allows
good access to the oil field and construction areas.
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." The proposed facility is a flagpole
configuration with a thirty foot in width access north of County Road 18 with a majority of
land located north to the half section line. Given correspondence received from
surrounding property owners, staff will be requiring a Screening Plan to screen outdoor
storage/staging of vehicles, a Parking Plan to address parking location on the property to
mitigate the impacts of noise, exhaust onto neighboring properties and a Lighting Plan to
direct lights downward and away from neighboring properties as a condition of approval
prior to recording the USR map. Staff will also restrict the hours of operation,
maintenance and on-site commercial activity to 6:00am to 10:00pm daily. Staff considers
this to be a nonurban commercial-industrial use as the site is proposed to be served by a
commercial well and septic systems.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.S of the Weld County Code lists any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Heavy Equipment and Truck Repair Shop along
with outside equipment/vehicle storage and staging) 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 a Use by Special Review in the A
(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding properties north of County Road 18
were created by Recorded Exemption and are of varying size, with several encumbered
by Special Use Permits, including numerous kennels, a home business for semi-tractor
trailer parking and an Oil and Gas Office and Storage facility. There are several
residences in the immediate area, two residences located to the northwest of the current
parking area are 590 feet and 890 feet respectively; a residence is also located
approximately 510 feet to the south and a fourth residence is located approximately 600
feet to the southwest. Distances are substantially closer to residences to the northwest if
the northern part of the property is utilized for the business. As previously stated, staff is
requiring a Screening Plan to screen outdoor storage/staging of vehicles, a Parking Plan
to address parking location on the property to mitigate the impacts of noise, exhaust
headlight sweep of residences onto neighboring properties and a Lighting Plan to direct
lights downward and away from neighboring properties as a condition of approval prior to
recording the USR map.
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. The site is located within three miles of the City of Fort Lupton.
The City returned a referral dated August 21, 2014 stating prior to moving forward the
City requests the applicant meet to discuss annexation. The City also had concerns
USR14-0039, Balderrama, Page 4 of 12
about impacts to County Road 18 and other streets that the applicant may utilize that
would impact City Streets.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is not located within the Floodplain, Airport or Geologic
hazard areas. The property is located within the County-Wide Road Impact Fee Area
and the Capital Expansion Impact Fee 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 approximately 22.23 acres designated "Other" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
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 USR map:
A. The applicant shall submit a revised waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. The plan shall include disposal/recycling of batteries and other scrap parts
generated from vehicle maintenance, including the names, telephone numbers and
addresses of the waste handlers and disposal/recycling facilities. (Department of Public
Health and Environment)
B. The applicant shall address the requirements (concerns) of the Kerr-McGee Oil & Gas
OnShore LP, as stated in the referral response dated August 20, 2014. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Planning Services)
C. The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire
Protection District, as stated in the referral response dated July 24, 2014. Written evidence
of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the requirements (concerns)of the Department of Public Works
—Access Permit division, as stated in the referral response dated August 14, 2014. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
USR14-0039, Balderrama, Page 5 of 12
E. The applicant shall address the requirements (concerns) of the State of Colorado, Division
of Water Resources, as stated in the referral response dated July 28, 2014. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
F. The applicant shall attempt to address the requirements (concerns) of Public Service
Company of Colorado, as stated in the referral responses dated August 20 and August 21,
2014. Written evidence of such shall be submitted to the Weld County Department of
Planning Services. (Department of Planning Services)
G. The applicant shall attempt to address the requirements (concerns) of the City of Fort
Lupton, as stated in the referral responses dated August 21, 2014. Written evidence of
such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
H. The applicant shall submit written evidence of a commercial well/water tap to the
Department of Planning Services and the Department of Public Health and Environment.
(Department of Planning Services)
I. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard items, including tires, metal drums, miscellaneous materials
located on the property are screened from all adjacent properties and public rights-of-way,
or have been removed from the property. (Department of Planning Services)
J. The applicant shall submit a Lighting Plan to the Department of Planning Services, for
review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F.
which states, in part, that, "any lighting shall be designed, located, and operated in such a
manner as to meet the following standards: sources of light shall be shielded so that beams
or rays of light will not shine directly onto adjacent properties." (Department of Planning
Services)
K. The applicant shall submit a Landscape/Screening Plan to the Department of Planning
Services for review and approval. All parking areas shall be screened from adjacent
properties and public rights of way. (Department of Planning Services)
L. The applicant shall submit a Signage Plan to the Department of Planning Services, for
review and approval, if signage is desired. Signs shall be in compliance with Chapter 23,
Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
M. The applicant shall submit an updated Parking Plan to the Department of Planning Services
for review and approval. This updated parking plan shall show the dimensions of the drives
and the parking stalls including the ADA parking stalls. The applicant shall comply with
Appendix 23-B of the Weld County Code and the Section 208 of the 2010 Americans with
Disability Act and provide an adequate number of parking stalls. Further, the applicant
shall delineate curb stops for the parking spaces shown on the Use by Special Review
map. (Department of Planning Services)
N. The applicant shall submit a letter to request the vacation of SUP-103 for a Kennel and
USR-1516 for a 200 animal Greyhound Kennel that currently encumber the property.
(Department of Planning Services)
O. An Improvements Agreement will be required for this site. Road maintenance including
damage repairs and triggers for improvement will be a part of the Agreement (trucking and
haul route). (Department of Public Works)
USR14-0039, Balderrama, Page 6 of 12
P. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0039 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. (Department of Planning Services)
5. The approved Landscape/Screening Plan. (Department of Planning Services)
6. The approved Lighting Plan. (Department of Planning Services)
7. The approved Signage Plan. (Department of Planning Services)
8. The approved Parking Plan. (Department of Planning Services)
9. County Road 18 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full buildout. The applicant
shall verify and delineate on the map the existing right-of-way and the documents
creating the 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)
10. Show the approved access on the map and label with the approved access permit
number(AP14-00326). (Department of Public Works)
11. The oil and gas setback radiuses for existing wellheads and tank batteries on the site
shall be indicated in accordance with Section 23-3-50.E of the Weld County Code.
12. Show the Public Service Company Easement adjacent to the North property line.
(Department of Planning Services)
13. Show WQCV, cubic feet volume on plat. Provide calculations for review with our
drainage engineer. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the USR 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)
USR14-0039, Balderrama, Page 7 of 12
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (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)
USR14-0039, Balderrama, Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Triple B Transport
Euden and Bianca Balderrama
USR14-0039
I. A Site Specific Development Plan and Use by Special Use Permit, USR14-0039, for any use
permitted as a use by right, an accessory use, or a use by special review in the commercial or
industrial zone districts (heavy equipment - trucking and truck repair shop along with outside
equipment/vehicle storage and staging), 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 are 6:00 a.m. — 10:00 p.m. Monday — Sunday, as stated by the applicant(s).
(Department of Planning Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
7. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment°
9. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. For employees or contractors on site for less than 2 consecutive hours a day
and 2 or less employees, 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)
USR14-0039, Balderrama, Page 9 of 12
11. Sewage disposal shall be by septic system for the residence and shop. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the
residence and shop. The facility shall utilize the private water supply. (Department of Public Health
and Environment)
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
14. Process wastewater(such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
15. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
16. 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)
17. 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)
18. The screening/landscaping/parking/signage/lighting on the site shall be maintained in accordance
with the approved Screening/Landscape/Parking/Signage/Lighting Plans. (Department of Planning
Services)
19. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
20. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
21. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
22. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2011 National Electrical Code. A Building Permit Application must be completed and two
(2) 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 Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. 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
USR14-0039, Balderrama, Page 10 of 12
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.
25. 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.
26. 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.
27. 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. 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
USR14-0039, Balderrama, Page 11 of 12
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.
USR14-0039, Balderrama, Page 12 of 12
LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: October 7, 2014
Case Number: USR14-0039
Applicant: Euden and Bianca Balderrama
Triple B Transport
Address: 15643 Morris Avenue, Fort Lupton, CO 80621
Representative: Larry Carroll, Jr., The Carroll Group, Ltd., Brighton, CO 80601
Request: A Site Specific Development Plan and Use by Special Use Permit for any use permitted
as a use by right, an accessory use, or a use by special review in the commercial or
industrial zone districts (heavy equipment-trucking and truck repair shop along with
outside equipment/vehicle storage and staging), provided that the property is not a lot
in an approved or recorded subdivision plat or lots pads of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District
Lot B of Recorded Exemption No. RE-4704 being part of the SW4 of Section 22,
Legal
ription: Township 2 North, Range 66 West of the 6`h P.M., County of Weld, State of Colorado
Location: 1300 feet East of County Road 31; North of and adjacent to County Road 18
Size of Parcel: +/- 22.53 acres Parcel No. 1309-22-3-00-063
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:
y Weld County Zoning Compliance, referral dated July 24, 2014
y Fort Lupton Fire Protection District, referral dated July 24, 2014
State of Colorado, Division of Water Resources, referral dated July 28, 2014
• Department of Public Works, Access Permit division, referral dated August 14, 2014
• Weld County Department of Public Health and Environment, referral dated August 19, 2014
• Public Service Company of Colorado, referral dated August 20, 2014
➢ Kerr-McGee Onshore Oil & Gas, LP, referral dated August 20, 2014
y City of Fort Lupton Planning, referral dated August 21, 2014
• Weld County Department of Public Works, referral dated September 8, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Department of Building Inspection, referral dated July 28, 2014
v Weld County Sherriff's Office, referral dated August 19, 2014
USR14-0039, Balderrama, Page 1 of 12
The Department of Planning Services' staff has not received responses from the following agencies:
v Colorado Department of Transportation
Weld County School District RE-9
USR14-0039, Balderrama, Page 2 of 12
‘k AP
SPECIAL REVIEW PERMIT
r. 1= ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: October 7, 2014
Case Number: USR14-0039
Applicant: Euden and Bianca Balderrama
Triple B Transport
Address: 15643 Morris Avenue, Fort Lupton, CO 80621
Representative: Larry Carroll, Jr., The Carroll Group, Ltd., Brighton, CO 80601
Request: A Site Specific Development Plan and Use by Special Use Permit for any use permitted
as a use by right, an accessory use, or a use by special review in the commercial or
industrial zone districts (heavy equipment - trucking and truck repair shop along with
outside equipment/vehicle storage and staging), 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 B of Recorded Exemption No. RE-4704 being part of the SW4 of Section 22,
L g esclription: Township 2 North, Range 66 West of the 6`h P.M., County of Weld, State of Colorado
Location: 1300 feet East of County Road 31; North of and adjacent to County Road 18
Size of Parcel: +/- 22.53 acres Parcel No. 1309-22-3-00-063
Case Summary:
The property is proposed for the Balderrama home, farm and base of operations for their trucking
company. Presently there are two full time employees on site during business operations and up to 15
drivers accessing the property on a daily basis. Currently the property has no improvements on site.
There is an active Zoning Violation, ZCV14-00074, initiated due to the operation of a trucking business
without first completing the necessary Weld County Zoning Permits. Planning staff has received three
letters of opposition, two friom the adjacent property owners and one from a property owner directly south
of the point of ingress and egress to the property. All complainants held concerns with traffic, hours of
operation, noise and in two cases safety.
This case has not been presented to the Weld County Court Magistrate through the Violation Hearing
process. If this application is approved by the Board of County Commissioners, and the Conditions of
Approval met, and the USR Map recorded, these actions will correct this outstanding violation. If this
application is denied, the commercial vehicles and all operations shall be removed from the property
within 30 (thirty) days of denial or the violation will proceed in court accordingly.
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.
USR14-0039, Balderrama, Page 3 of 12
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 23-2-220.A.1. A.Policy 7.1.
states "County land use regulations should support commercial and industrial uses that
are directly related to, or dependent upon, agriculture, to locate within the agricultural
areas, when the impact to surrounding properties is minimal, or can be mitigated, and
where adequate services are currently available or reasonably obtainable." The heavy
equipment - trucking and truck repair shop along with outside equipment/vehicle storage
and staging facility is presently in operation on site and is located in an area that allows
good access to the oil field and construction areas.
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." The proposed facility is a flagpole
configuration with a thirty foot in width access north of County Road 18 with a majority of
land located north to the half section line. Given correspondence received from
surrounding property owners, staff will be requiring a Screening Plan to screen outdoor
storage/staging of vehicles, a Parking Plan to address parking location on the property to
mitigate the impacts of noise, exhaust onto neighboring properties and a Lighting Plan to
direct lights downward and away from neighboring properties as a condition of approval
prior to recording the USR map. Staff will also restrict the hours of operation,
maintenance and on-site commercial activity to 6:00am to 10:00pm daily. Staff considers
this to be a nonurban commercial-industrial use as the site is proposed to be served by a
commercial well and septic systems.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.S of the Weld County Code lists any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Heavy Equipment and Truck Repair Shop along
with outside equipment/vehicle storage and staging) 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 a Use by Special Review in the A
(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding properties north of County Road 18
were created by Recorded Exemption and are of varying size, with several encumbered
by Special Use Permits, including numerous kennels, a home business for semi-tractor
trailer parking and an Oil and Gas Office and Storage facility. There are several
residences in the immediate area, two residences located to the northwest of the current
parking area are 590 feet and 890 feet respectively; a residence is also located
approximately 510 feet to the south and a fourth residence is located approximately 600
feet to the southwest. Distances are substantially closer to residences to the northwest if
the northern part of the property is utilized for the business. As previously stated, staff is
requiring a Screening Plan to screen outdoor storage/staging of vehicles, a Parking Plan
to address parking location on the property to mitigate the impacts of noise, exhaust
headlight sweep of residences onto neighboring properties and a Lighting Plan to direct
lights downward and away from neighboring properties as a condition of approval prior to
recording the USR map.
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. The site is located within three miles of the City of Fort Lupton.
The City returned a referral dated August 21, 2014 stating prior to moving forward the
City requests the applicant meet to discuss annexation. The City also had concerns
USR14-0039, Balderrama, Page 4 of 12
about impacts to County Road 18 and other streets that the applicant may utilize that
would impact City Streets.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is not located within the Floodplain, Airport or Geologic
hazard areas. The property is located within the County-Wide Road Impact Fee Area
and the Capital Expansion Impact Fee 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 approximately 22.23 acres designated "Other" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
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 USR map:
A. The applicant shall submit a revised waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. The plan shall include disposal/recycling of batteries and other scrap parts
generated from vehicle maintenance, including the names, telephone numbers and
addresses of the waste handlers and disposal/recycling facilities. (Department of Public
Health and Environment)
B. The applicant shall address the requirements (concerns) of the Kerr-McGee Oil & Gas
OnShore LP, as stated in the referral response dated August 20, 2014. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Planning Services)
C. The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire
Protection District, as stated in the referral response dated July 24, 2014. Written evidence
of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
D. The applicant shall address the requirements (concerns)of the Department of Public Works
—Access Permit division, as stated in the referral response dated August 14, 2014. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
USR14-0039, Balderrama, Page 5 of 12
E. The applicant shall address the requirements (concerns) of the State of Colorado, Division
of Water Resources, as stated in the referral response dated July 28, 2014. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
F. The applicant shall attempt to address the requirements (concerns) of Public Service
Company of Colorado, as stated in the referral responses dated August 20 and August 21,
2014. Written evidence of such shall be submitted to the Weld County Department of
Planning Services. (Department of Planning Services)
G. The applicant shall attempt to address the requirements (concerns) of the City of Fort
Lupton, as stated in the referral responses dated August 21, 2014. Written evidence of
such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
H. The applicant shall submit written evidence of a commercial well/water tap to the
Department of Planning Services and the Department of Public Health and Environment.
(Department of Planning Services)
I. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard items, including tires, metal drums, miscellaneous materials
located on the property are screened from all adjacent properties and public rights-of-way,
or have been removed from the property. (Department of Planning Services)
J. The applicant shall submit a Lighting Plan to the Department of Planning Services, for
review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F.
which states, in part, that, "any lighting shall be designed, located, and operated in such a
manner as to meet the following standards: sources of light shall be shielded so that beams
or rays of light will not shine directly onto adjacent properties." (Department of Planning
Services)
K. The applicant shall submit a Landscape/Screening Plan to the Department of Planning
Services for review and approval. All parking areas shall be screened from adjacent
properties and public rights of way. (Department of Planning Services)
L. The applicant shall submit a Signage Plan to the Department of Planning Services, for
review and approval, if signage is desired. Signs shall be in compliance with Chapter 23,
Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
M. The applicant shall submit an updated Parking Plan to the Department of Planning Services
for review and approval. This updated parking plan shall show the dimensions of the drives
and the parking stalls including the ADA parking stalls. The applicant shall comply with
Appendix 23-B of the Weld County Code and the Section 208 of the 2010 Americans with
Disability Act and provide an adequate number of parking stalls. Further, the applicant
shall delineate curb stops for the parking spaces shown on the Use by Special Review
map. (Department of Planning Services)
N. An Improvements Agreement and road maintenance agreement is required for this site.
Road maintenance including dust control, damage repair, and triggers for improvements
will be included. (Department of Public Works)
O. The applicant shall submit a letter to request the vacation of SUP-103 for a Kennel and
USR-1516 for a 200 animal Greyhound Kennel that currently encumber the property.
(Department of Planning Services)
USR14-0039, Balderrama, Page 6 of 12
P. An Improvements Agreement will be required for this site. Road maintenance including
damage repairs and triggers for improvement will be a part of the Agreement (trucking and
haul route). (Department of Public Works)
Q. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0039 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. (Department of Planning Services)
5. The approved Landscape/Screening Plan. (Department of Planning Services)
6. The approved Lighting Plan. (Department of Planning Services)
7. The approved Signage Plan. (Department of Planning Services)
8. The approved Parking Plan. (Department of Planning Services)
9. County Road 18 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full buildout. The applicant
shall verify and delineate on the map the existing right-of-way and the documents
creating the 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)
10. Show the approved access on the map and label with the approved access permit
number(AP14-00326). (Department of Public Works)
11. The oil and gas setback radiuses for existing wellheads and tank batteries on the site
shall be indicated in accordance with Section 23-3-50.E of the Weld County Code.
12. Show the Public Service Company Easement adjacent to the North property line.
(Department of Planning Services)
13. Show WQCV, cubic feet volume on plat. Provide calculations for review with our
drainage engineer. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the USR 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)
USR14-0039, Balderrama, Page 7 of 12
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 CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
A. An On-site wastewater treatment system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The On-site
wastewater treatment system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County On-site wastewater treatment system
Regulations. (Department of Building Inspection)
B. The applicant has applied for a residential well and indicates they will re-permit the well to
commercial when the shop is constructed. Water for the business must come from a
commercially permitted well. (Department of Public Health and Environment)
8. 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)
USR14-0039, Balderrama, Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Triple B Transport
Euden and Bianca Balderrama
USR14-0039
I. A Site Specific Development Plan and Use by Special Use Permit, USR14-0039, for any use
permitted as a use by right, an accessory use, or a use by special review in the commercial or
industrial zone districts (heavy equipment - trucking and truck repair shop along with outside
equipment/vehicle storage and staging), 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 number of on-site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to Onsite Wastewater Treatment Systems (O.W.T.S.) Regulations. (Department of
Planning Services)
4. The hours of operation are 6:00 a.m. - 10:00 p.m. Monday — Sunday, as stated by the applicant(s).
(Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
6. 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
8. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment0
10. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. For employees or contractors on site for less than 2 consecutive hours a day
and 2 or less employees, 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
USR14-0039, Balderrama, Page 9 of 12
by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
and Environment)
12. Sewage disposal shall be by septic system for the residence and shop. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the
residence and shop. The facility shall utilize the private water supply. (Department of Public Health
and Environment)
14. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
15. Process wastewater(such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
16. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
17. 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)
18. 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)
19. The screening/landscaping/parking/signage/lighting on the site shall be maintained in accordance
with the approved Screening/Landscape/Parking/Signage/Lighting Plans. (Department of Planning
Services)
20. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
21. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
22. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
23. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2011 National Electrical Code. A Building Permit Application must be completed and two
(2) 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 Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
24. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
USR14-0039, Balderrama, Page 10 of 12
25. 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.
26. 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.
27. 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.
28. 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. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
USR14-0039, Balderrama, Page 11 of 12
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.
USR14-0039, Balderrama, Page 12 of 12
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970)304-6498
r �
September 15, 2014
LARRY CARROLL
PO BOX 886
BRIGHTON, CO 80601
Subject: USR14-0039 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (HEAVY
EQUIPMENT - TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE
EQUIPMENT/VEHICLE STORAGE AND STAGING), 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:
PT SW4 SECTION 22, T2N, R66W LOT B REC EXEMPT RE-4704 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 7, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 29, 2014
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
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
1 , /� Digitally signed
by eauth tineRanslem
"�',',,,,,��14,'/^ Feason:Iamtheauthoroft his document
Date:2014.09.15 15:28:17-06'00'
Kim Ogle
Planner
h N DEPARTMENT OF PLANNING SERVICES
i i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
I •./
PHONE: (970)353-6100, Ext. 3549
S' ? FAX: (970)304-6498
July 23, 2014
Larry Carroll
PO Box 886
Brighton, CO 80601
Subject: USR14-0039 - A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OIL AND GAS SUPPORT
(TRUCKING COMPANY) IN THE A(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PT SW4 SECTION 22, T2N, R66W LOT B REC EXEMPT RE-4704 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Fort Lupton at Phone Number 303-857-6694
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully.
I , n Digitally signed by Kristine e R3nslem
Fuson:lam the author of thisdocument
Date:2014.07.2316:22:14-06'00'
Kim Ogle
Planner
FIELD CHECK - USR14-0039 Inspection Date: September 4, 2014
Applicant: Euden and Bianca Balderrama
Triple B Transport
Request: A Site Specific Development Plan and Use by Special Use Permit for any use
permitted as a use by right, an accessory use, or a use by special review in the
commercial or industrial zone districts (heavy equipment-trucking and truck repair
shop along with outside equipment/vehicle storage and staging), 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 B of Recorded Exemption No. RE-4704 being part of the SW4 of Section 22,
Legal Township 2 North, Range 66 West of the 6`" P.M., County of Weld, State of Colorado
Description:
Location: 1300 feet East of County Road 31; North of and adjacent to County Road 18
Size of Parcel: +/- 22.53 acres Parcel No. 1309-22-3-00-063
Zoning Land Use
N I AGRICULTURE N PSCO TRANSMISSION LINE, PASTURE LAND
E AGRICULTURE E KENNEL, PASTURELAND, MULTIPLE CAMPER
TRAILERS
S AGRICULTURE S ARISTOCRAT RANCHETTES - RESIDENTIAL
SUBDIVISION
W AGRICULTURE W RESIDENCES
Comments:
Access to the property is via a single wide lane approximately 30 feet in width, with a pipe rail fence on
both sides with a single line of deciduous trees equally spaced. The pipe rail fence runs to the gate at the
terminus of the "flagpole". The 'service yard" is compacted soil and wisps of grasses, a lone tree and
taller grasses at the fringe, predominately to the west. On the day of the visit, several tractors and a few
trailers were present. Also present were component of a non-commercial junkyard including OTR tires,
rims, pallets and general debris.
The surrounding properties north of County Road 18 were created by Recorded Exemption and are of
varying size, with several encumbered by Special Use Permits, including numerous kennels, a home
business for semi-tractor trailer parking and an Oil and Gas Office and Storage facility. There are several
residences in the immediate area, two residences located to the northwest of the current parking area are
590 feet and 890 feet respectively; a residence is also located approximately 510 feet to the south and a
fourth residence is located approximately 600 feet to the southwest. Distances are substantially closer to
residences to the northwest if the northern part of the property is utilized for the business.
Signature
❑ Derelict Vehicles ❑ Non-commercial junkyard (list components)
n Access to Property n Site Distance
Note any commercial business/commercial vehicles that are operating from the site. Balderrama Trucking present
Hello