HomeMy WebLinkAbout20140848.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jason Maxey,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: USR13-0058
APPLICANT: JOSE NIETO
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (PARKING FOR
EMPLOYEE VEHICLES AND COMMERCIAL TRUCKS AND A 7,200 SQUARE
FOOT SHOP/OFFICE) IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A CORR REC EXEMPT RE-3089;PART S2SE4 SECTION 33,T5N,R65W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 50 AND APPROXIMATELY 0.5 MILES EAST
OF CR 41.
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 22-6-20 A. ECON.Goal 1. State: "Encourage the expansion of existing businesses and
the location of new industries that will provide employment opportunities in the County."
The application materials state that there will be 25 employees; 20 drivers, 2 mechanics and a
secretary.
Section 22-2-20.G-A.Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change." and 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 applicant, Mr. Jose Nieto, is proposing an oilfield business that includes a parking area for
employee vehicles and commercial trucks and a 7,200 square foot shop/office. The USR will
encompass only three and one-half(3.5)acres in the northwest corner of a ten(10)acre parcel.
The applicant is not proposing any landscaping. There is an existing fence surrounding the
property on the north, south and west and most of the east. The site is set back from County
Road 50 and effectively screened by USR-1454(oil and gas support and service and an industrial
machine shop). The application materials show adequate parking spaces.
The site appears to have adequate screening and staff is requesting a Lighting Plan. The
Development Standards and the Conditions of Approval for this proposal will assist in mitigating
the impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses.
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.A.2 of the Weld County Code allows for a Site Specific
Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service
Facility (parking for employee vehicles and commercial trucks and a 7,200 square foot
shop/office) in the A(Agricultural) Zone District.
EXHIBIT
a
RESOLUTION USR13-0058
JOSE NIETO
PAGE 2
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are mainly utilized for pastures, crops, and rural residences. The
property to the south is utilized for oil and gas related business(USR-1454)and the properties to
the north, east, and west are cropland. The closest residence is located south of County Road
50; approximately 150 feet south of the south property line.
There are four(4)USRs located within one mile of this parcel. USR-1454 for oil and gas support
and service and an industrial machine shop is south of and adjacent to the site. USR-1645 for the
parking of equipment and trucks is northeast of the site. USR-583 for fertilizer storage and sales
is located approximately three-quarters of a mile northwest of the site and USR-677 for auto body
repair is located approximately one-half mile west of the site. Staff has not received any
correspondence from the surrounding property owners that objects to this USR.
The site appears to have adequate screening and staff is requesting a Lighting Plan. The
Development Standards and the Conditions of Approval for this proposal will assist in mitigating
the impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses.
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 the three(3)mile referral area of the City of Greeley,the City of Evans,
and the Town of LaSalle. The City of Greeley's referral dated December 12, 2013 indicated no
concerns. The City of Evans, and the Town of LaSalle did not respond with any referral
comments. The Town of LaSalle submitted a signed Notice of Inquiry that indicated that the
LaSalle did not wish to annex this site at this time.
E. Section 23-2-220.A.5--The application complies with Chapter 23,Article V, of the Weld County
Code. The existing site is 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 USR is located on approximately 7 acres "Prime (Irrigated)" and 3 acres of
"Irrigated Land, Not Prime"per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. This USR will not take any acres of Prime (Irrigated) Farmland out of production
because the section of the site that is being used for the USR is too small to farm.
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.
RESOLUTION USR13-0058
JOSE NIETO
PAGE 3
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 plat:
A. 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)
B. The applicant shall submit a Signage Plan to the Department of Planning Services,for review and
approval, if sgnage 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)
C. In the event the applicant intends to utilize the existing septic system at the home, for employee
use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical review describing the systems'
ability to handle the proposed hydraulic load.The review shall be submitted to the Environmental
Health Services Division of the Weld County Department of Public Health and Environment. In
the event the system is found to be inadequately sized or constructed the system shall be brought
into compliance with current Regulations. (Department of Public Health and Environment)
D. Alternatively to the above, a new septic system may be installed for employee use. The septic
system is required to be designed by a Colorado Registered Professional Engineer and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
E. The applicant shall submit evidence of an Underground Injection Control(UIC)Class V Injection
Well permit from the Environmental Protection Agency(EPA)for any large-capacity septic system
(a septic system with the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (Department of Public Health and Environment)
F. Submit documentation from Central Weld County Water District indicating that the existing water
service is approved for commercial use. (Department of Public Health and Environment)
G. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle
washing area(s)shall capture all effluent and prevent discharges from the washing of vehicles in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Vehicle washing areas should be designated on the plat.
(Department of Public Health and Environment)
H. The applicant shall submit documentation that floor drain wastes from any vehicle maintenance
facility is captured in a watertight vault and hauled off for proper disposal. The vault shall be
designated on the plat. (Department of Public Health and Environment)
I. 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 tires, 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)
RESOLUTION USR13-0058
JOSE NIETO
PAGE 4
J. 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)
K. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0058. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of
Planning Services)
4) The plat 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 Screening Plan, as shown on the plat. (Department of Planning Services)
6) The approved Parking Plan, as shown on the plat. (Department of Planning Services)
7) The approved Signage Plan, if applicable. (Department of Planning Services)
8) The approved Lighting Plan. (Department of Planning Services)
9) County Road 50 is designated on the Weld County Road Classification Plan as a local paved
road,which requires 60-feet of right-of-way at full build out.There is presently 60-feet of right-
of-way. All setbacks shall be measured from the edge of right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Public Works)
10) Show the approved access on the plat and label it with the approved access permit number
(AP#) (will be provided). (Department of Public Works)
11) The applicant shall plot the septic systems (existing and proposed) on the plat, and the
systems must be protected from vehicle traffic. (Department of Public Health and
Environment)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies
or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat 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 plat
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)
RESOLUTION USR13-0058
JOSE NIETO
PAGE 5
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
mapsaco.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 plat is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, 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 March 4, 2014.
Dated the 4th of March, 2014.
Digitally signed by Kristine
`/5\i66. f-i h't_ Ranslem
Date:2014.03.10 09:10:24-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Nieto Oilfield Service, LLC
USR13-0058
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0058, for an Oil and Gas
Support and Service Facility(parking for employee vehicles and commercial trucks and a 7,200 square
foot shop/office)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
Individual Sewage Disposal Systems(I.S.D.S.) Regulations. (Department of Planning Services)
4. The hours of operation are 6:00 a.m.to 6:00 p.m. Monday through Saturday, as stated by the applicant.
(Department of Planning Services)
5. The parking on the site shall be maintained in accordance with the approved Parking Plan.(Department of
Planning Services)
6. The signage on the site shall be maintained in accordance with the approved Signage Plan.(Department
of Planning Services)
7. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department
of Planning Services)
8. The screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
9. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
10. 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
Section 15-1-180 of the Weld County Code. (Department of Public Works)
11. 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)
12. 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)
13. 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 facility shall operate in
accordance with the approved Waste Handling Plan, at all times. (Department of Public Health and
Environment)
14. 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)
RESOLUTION USR13-0058
JOSE NIETO
PAGE 7
15. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall operate in
accordance with the approved Dust Abatement Plan, at all times. (Department of Public Health and
Environment)
16. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
18. Sewage disposal for the facility shall be by septic system. 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)
19. The facility shall utilize the existing public water supply(Central Weld County District).
20. 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)
21. 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)
22. 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)
23. 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)
24. Building permit maybe 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;2011 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)
25. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
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.
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.
RESOLUTION USR13-0058
JOSE NIETO
PAGE 8
29. 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
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.
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EXHIBIT
y2
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETI
Tuesday, March 4, 2014
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,
Mark Lawley, at 1:30 pm.
Roll Call.
Present: Bruce Sparrow, Jason Maxey, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman.
Absent/Excused: Benjamin Hansford, Bret Elliott, Jordan Jemiola,
Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Don Carroll, Department of
Public Works; Lauren Light and Heather Barbare, Department of Health; Brad Yatabe, County Attorney,
and Kris Ranslem, Secretary.
Motion: Approve the February 18, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR13-0058
APPLICANT: JOSE NIETO
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY(PARKING
FOR EMPLOYEE VEHICLES AND COMMERCIAL TRUCKS AND A 7,200
SQUARE FOOT SHOP/OFFICE) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT A CORR REC EXEMPT RE-3089; PART S2SE4 SECTION 33, T5N, R65W
OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 50 AND APPROXIMATELY 0.5 MILES
EAST OF CR 41.
Diana Aungst, Planning Services, presented Case USR13-0058, reading the recommendation and
comments into the record. No letters were received from surrounding property owners; however staff did
receive phone calls regarding this request. The Department of Planning Services recommends approval
of this application with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Jessica Garcia, 2229 Ash Avenue, Greeley, Colorado, stated that they wish to have a trucking company
to support the oil field service company. There will be an office, employee parking and commercial
vehicle parking on site.
Commission Maxey asked how long Mr. Nieto has been in business and if he wishes to move his
business to this location. Ms. Garcia said that the previous business location was flooded and Mr. Nieto
lost all of his trucks and equipment. She added that fortunately he already purchased this property and
now he wishes to move his operation to this location.
Commissioner Sparrow asked if Mr. Nieto plans to expand the number of trucks. Ms. Garcia stated that
Mr. Nieto is replacing his trucks that he lost in the flood so at this time he does not plan to expand but it
might be possible in the future.
Commissioner Maxey referred to the outstanding items required by the Environmental Health. Ms. Garcia
said that the existing septic system is being evaluated by an engineer and if another septic system is
1
A,04 Oft/r
required then they will install a new one for the business. She added that the disposal of tires and oil will
be disposed of by the same companies they used previously.
Commissioner Berryman asked if the applicant had any conversations with the surrounding property
owners regarding the drainage concern. Ms. Garcia said that they did talk with them and understood the
concern was to the north of the property. She added that the water quality feature is located on the
southeastern portion of the site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Raymond Sauer, 819 51st Ave, Greeley, stated that he has property to the west of the site. He said that
they are not in opposition to this request. He said that this site is wetland property and is concerned with
drainage. If there would be a 2 inch rain this site would be under water. Additionally, he is concerned
with the dirt that might be stuck in the trucks and deposited on this site and that it might contaminate the
water as it is very close to the surface.
Michael Alexander stated that his family farm is directly to the north of the site. He referred to the site
plan and asked what the two "ditch fills" are and asked about drainage on site. He said that according to
the site plan it flows to the southeast; however it does not naturally drain that way unless they are
bringing in dirt to elevate that portion of the property. He added that currently the site drains to the north.
Mr. Alexander stated that they are not in opposition to this request; however they would like to get some
answers to the site plan. He stated that he wants to make sure that they have adequate containment so
that it does not go onto their property.
Mr. Alexander referred to the postcard he received regarding this case and read that the number of
employees, vehicle trips, and hours of operation may change at these hearings and added that it is an
open door for growth.
The Chair asked staff about the drainage and run-off on site. Mr. Carroll said that when they submit their
grading plan staff will review the plans on how they will grade the site to accommodate the run-off and
make sure that the water quality is sized properly to handle the drainage.
The Chair asked Diana about the possibility of expansion and the number of employees. Ms. Aungst said
that if this case is approved and if the applicant wishes to expand in the future he would need to submit
an amendment to the USR and surrounding property owners will be notified of the amendment so that
they can respond.
The Chair asked what the "ditch fill" is on the site plan. Ms. Garcia said that it is a mound of dirt and that
it is the sewage from the mobile home. Upon further discussion from the applicant and staff, it was
determined that the ditch fill is the leach field.
Ms. Garcia said that there will not be any contaminated dirt brought to the site as it is deposited at an
accepted landfill prior to coming back to this location.
Commissioner Maxey asked if they plan to bring in dirt to elevate this site to alter the drainage. Ms
Garcia said that they took into consideration all of the buildings and parking on site and then calculated
the size of the water feature. She added that at this time they do not plan to bring in dirt.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case USR13-0058 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jason Maxey, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, Jason Maxey, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman.
Commissioner Maxey recommended to the applicants that they have answers regarding the drainage and
run-off prior to the County Commissioners hearing.
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