The URL can be used to link to this page

Browse Search

Home My WebLink About20142419.tiff RESOLUTION RE: APPROVE MINOR AMENDMENT (MUSR13-0023) FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR11-0015, FOR MINERAL RESOURCE DEVELOPMENT, AND OIL AND GAS SUPPORT AND SERVICE (WATER HAULING, ROUST-A-BOUT, CONSTRUCTION AND EXCAVATING) IN THE A (AGRICULTURAL) ZONE DISTRICT-AC TRUCKING, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 5th day of March, 2013, at the hour of 9:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of AC Trucking, LLC, 15294 County Road 20, Fort Lupton, CO 80621, for a Minor Amendment (MUSR13-0023) to the Site Specific Development Plan and Use by Special Review Permit, USR11-0015, for Mineral Resource Development, and Oil and Gas Support and Service (water hauling, roust-a-bout, construction and excavating) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RE-2609; being part of the E1/2 NW1/4 of Section 22, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and the Board deemed it advisable to continue the matter to August 4, 2014, to allow Eliseo Alcantar adequate time to comply with the requirements of the USR and repair AC Trucking, LLC's relationship with surrounding property owners, and WHEREAS, on August 4, 2014, the applicant was present and represented by Eliseo Alcantar, owner, and WHEREAS, Section 23-2-285 of the Weld County Code provides standards for review of said Minor Amendment, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-285.J of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-285.C of the Weld County Code as follows: a. Section 23-2-285.C.1 - The proposed change(s) will be compatible with existing and allowed uses in the surrounding area and be in harmony with CG"PLOW i? Mtn)AROIIcuirr 2014-2419 SI V PL2142 MINOR AMENDMENT, MUSR13-0023 (USR11-0015) -AC TRUCKING, LLC PAGE 2 the neighborhood. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the Weld County Code. 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 water hauling, roust-a-bout, construction and excavating service facility is located in an area that allows good access to the oil field. Further, Section 22-2-100.E (C.Goal 5) states: "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The business is screened from public rights-of-way and adjacent properties to the west and south. A three-strand barb wire fence exists at the perimeter and the access is gated. Lands surrounding this facility are in pastureland for the grazing of livestock and/or are utilized for rural residential development. The parcel immediately adjacent to the south has a Use by Special Review Permit (USR-1568) approved on December 27, 2006 for an office and storage building for materials used by oil and gas. The applicant provided a letter to the adjacent residential property owner stating their intentions to expand the business hours to a 24-hours a day, 7-days a week operation. Planning Staff has not received correspondence, telephone calls or electronic mail from adjacent, surrounding or interested parties associated with this proposed amendment. b. Section 23-2-285.C.3 - The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity of the subject property. The site is located within three miles of the City of Fort Lupton. The City did not return a referral response indicating a conflict with its interests. Adequate services and infrastructure are in place for the business. The water supply is a well constructed under well permit no. 74761-F and currently permitted under well permit no. 77000-F with permitted uses listed as industrial, irrigation, domestic and commercial use including a 5,000 square-foot garage and truck depot shop and a new septic SP-1200202 for a commercial truck shop and office for 12 full-time employees, 12 drivers and 12 visitors was approved by the Weld County Board of Health on October 23, 2012. The attached Conditions of Approval and Development Standards address the requirements of the referral agencies. c. Section 23-2-285.C.5 - The proposed change is not deemed to be a major change. A Pre-Application (PRE13-0201) meeting was held on October 25, 2013, where staff determined that a Minor Amendment to the existing land use permit would be required. d. Section 23-2-285.C.4 - The proposed changes must be consistent with the original Development Standards. Many of the original development standards are still applicable and will be listed on the MUSR map. 2014-2419 PL2142 MINOR AMENDMENT, MUSR13-0023 (USR11-0015) -AC TRUCKING, LLC PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of AC Trucking, LLC, for a Minor Amendment to the Site Specific Development Plan and Use by Special Review Permit, USR11-0015, for Mineral Resource Development, and Oil and Gas Support and Service (water hauling, roust-a-bout, construction and excavating) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled MUSR13-0023. B. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. C. The attached Development Standards. D. County Road 20 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County E. Show the existing access on the plat and label it with the approved Access Permit number, AP11-00451. F. Show all recorded easements on the plat. G. Add the following signature blocks: CERTIFICATE OF APPROVAL BY THE BOARD OF WELD COUNTY COMMISSIONERS This minor amendment plat is accepted and approved by the Weld County Board of Commissioners for filing. State of Chair, Weld County Board of Commissioners ) ss. County of The foregoing certification was acknowledged before me this _ day of 20 My commission expires Witness my hand and Seal. Notary Public 2014-2419 PL2142 MINOR AMENDMENT, MUSR13-0023 (USR11-0015) -AC TRUCKING, LLC PAGE 4 PROPERTY OWNER'S CERTIFICATION The undersigned major property owner(s) do hereby agree to the Minor Amendment of the Site Specific Development Plan and Use by Special Review Standards as described hereon this day of , 20_ Eliseo Alcantar 2. Prior to recording the plat: A. The applicant must address the requirements (concerns) of Weld County Department of Public Health and Environment, Environmental Health Division, and specifically address the following: 1) The applicant shall submit evidence that Septic Permit, SP-1200202, has received final approval from Environmental Health Services. 2) 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 may provide evidence from the EPA that they are not subject to the EPA Class V requirements. 3) The applicant shall submit a Dust Abatement Plan, detailing on-site dust control measures, for review and approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. 4) In the event washing of vehicles will occur on the 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. 5) The water for truck filling must be obtained from a legal source. The applicant shall provide evidence that any water used in the water hauling operation is from an approved source. 6) The applicant shall submit a Waste Handling Plan, for approval, to the Environmental Health Services Division of the Weld County 2014-2419 PL2142 MINOR AMENDMENT, MUSR13-0023 (USR11-0015) -AC TRUCKING, LLC PAGE 5 Department of Public Health and Environment. The plan shall include, at a minimum, the following: a) A list of wastes which are expected to be generated on the site (this should include expected volumes and types of waste generated). b) A list of the type and volume of chemicals expected to be stored on site. c) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). 3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall submit an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld County Department of Planning Services for preliminary approval. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. 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 and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. 4. 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. 5. 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. 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. 2014-2419 PL2142 MINOR AMENDMENT, MUSR13-0023 (USR11-0015) -AC TRUCKING, LLC PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of August, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD" COUNTY, COLORADO / ATTEST:d &• esig :a C ` �ugI 'Ra 'EY k4r, hair /V CC// G •�Cllo bouglab Rademacher, Chair Weld County Clerk to the Board EXCUSED `Barbara Kirkmeyer, Pro-Tern BY. De• Clerk to th Bo- u, . XCUSED ` ean P. Conway API?RO O FORM: �� Mike Fr= -m. n qty Attorney d ' m Date of signature: S/IL 2014-2419 PL2142 SITE SPECIFIC DEVELOPMENT PLAN MINOR AMENDMENT MUSR13-0023 (USR11-0015) DEVELOPMENT STANDARDS AC TRUCKING, LLC 1. The Site Specific Development Plan and Use by Special Review Permit, USR11-0015, is for a Mineral Resource Development, and Oil and Gas Support and Service (water hauling, roust-a-bout, construction and excavating) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 5. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. 7. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 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. 9. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in Section 14-9-30 of the Weld County Code. 10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 12. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the construction of the facility. 2014-2419 PL2142 MINOR AMENDMENT DEVELOPMENT STANDARDS (MUSR13-0023/USR11-0015) - AC TRUCKING, LLC PAGE 2 13. Bottled water shall be utilized for drinking during construction of the project. 14. In the event the facility's water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations (25 people per day over a 60-day period). 15. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 16. 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. 17. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 18. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The applicant is strongly encouraged to test their drinking water prior to consumption and periodically test it over time. 19. Access to the site shall be from County Road 20 at the location as designated by the approved Access Permit, AP11-00451. 20. The off-street parking spaces, including the access drive, shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. 21. Weld County shall not be responsible for the maintenance of on-site drainage related facilities. 22. All structures shall require building permits. 23. Any lighting, including light from high temperature processes such as welding or combustion, 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; 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; and no colored lights may be used which may be confused with, or construed as, traffic control devices. 2014-2419 PL2142 MINOR AMENDMENT DEVELOPMENT STANDARDS (MUSR13-0023/USR11-0015) - AC TRUCKING, LLC PAGE 3 24. Hours of operation are 24 hours/day, 365 days/year. 25. The number of employees associated with this facility is limited to twenty-four (24) persons. 26. Effective April 25, 2011, Building Permits issued on the proposed lot will be required to adhere to the fee structure of the Weld County Road Impact Program. 27. Effective April 25, 2011, Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Wide Facility Fee and Drainage Impact Fee Programs. 28. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. 29. The applicant is showing a Water Quality Control Feature on the site. Historic flow patterns and runoff amounts will be maintained on the site. 30. AC Trucking has an Improvement Agreement with collateral in place with the Weld County Department of Public Works for USR11-0015 for haul route (dust control) on CR 20 (Document#2013-0322). 31. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). 32. 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. 33. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 34. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 35. Necessary personnel from 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. 36. 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, 2014-2419 PL2142 MINOR AMENDMENT DEVELOPMENT STANDARDS (MUSR13-0023/USR11-0015) - AC TRUCKING, LLC PAGE 4 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. 37. 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. 38. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat and recognized at all times. 2014-2419 PL2142 ; _ MEMORANDUM �o N- TO: Board of County Commissioners DATE: August 4, 2014 FROM: Kim Ogle, Planning Services SUBJECT: MUSR13-0023, AC Trucking, LLC Minor Amendment to USR11-0015 do Eliseo Alcantar December 7, 2011 USR11-0015 was approved by the Board of County Commissioners February 7, 2013 USR11-0015 map recorded via Reception No. 3908567 October 25, 2013 A Pre-Application (PRE13-0201) meeting was held where staff determined that a Minor Amendment to the existing land use permit would be required to amend the hours of operation November 20, 2013 Complete application submitted for referral and processing to amend hours of operation to 24 hours/day 365 days/year November 20, 2013 Applicant mailed letter to Jonn J. and Susan Pointer adjacent property owner to the west stating that"AC Trucking is the process of submitting an application to change the hours of operations, so that we may meet our clients demand." November 20, 2013 The Department of Planning Services mailed out postcards on or about November 20, 2013 to property owners within 500 feet of the site, notifying each of the proposed change in hours of operation at this permitted facility. January 2, 2014 The Department of Planning Services recommended approval of MUSR13- 0023 for a modification of Development Standard No. 25 which currently states "Hours of operation are 6:00 AM to 8:00 PM Monday through Sunday." The administrative approval signed by Tom Parko, Planning Director of Planning on January 2, 2014 modifies these hours to be "Hours of operation are 24 hours a day seven days a week 365 days a year." February 7, 2014 Susan Pointer contacted several representatives from the office of Planning Services concerning the case. March 5, 2014 Board of County Commissioners hearing held. The Board continued the case for six (6) months to allow the property owner to comply with the requirements of the USR and repair AC Trucking, LLC's relationship with surrounding property owners. July 31, 2014 Field Inspection for compliance. Improvements to site include: 1. Stop sign installed for outbound traffic 2. Culvert at entrance silted in due to recent rainstorm activity 3. Class 6 road base installed from County Road 20 into the site and includes graveled services yard, parking areas, and driving lanes 4. Septic System constructed, however not connected due to Contractor not completing the work, including connection to water closet 5. The water quality area constructed and rough graded 6. Deciduous trees installed, staked and thriving on West property line 7. Six (6) foot opaque fence remains in place approximately ten (10) feet from the western property line. Applicant states adjacent property owner requested no additional height to fence at current location. August 4, 2014 Board of County Commissioners hearing to address the requirements of the USR =r I 4 III 41. 1 4 1 1 _� . i 1 1 v La, > 1 w I _ . ', . `, .1 , ii A Ily 1 'lllY//�� 1 ,j y 1 .4,„ F ' I ,. • . t k II • t I ' - .- , 1 l ‘i _ 1 g 4 t : r r i I 1 , I J iii ew isri . . Y,,,.• it, .Is al , skis 1 . _ Aii i • dOIS -. , • } s\i„ ,, iiii_ 1/4ti • IL . ti ..... i i •lu . . IiiY It Ilk I J , 1 IM PIO r 4 .h lie, - -- 4'' I i. I , 1►' 1t. II ,. r . 4, i 'o • .. . . _. _ s _ __ ,., , •_ _, , . , , % , • i _ • • , 4. , .,., , • ! is , , - k :Yin, .111 ; ' i 0 ear il fr-4.,le h.. ... i la S 1 r 4 s ,l. ;L b' , , Irj '}. .1 .' 01 • .I t . f • I • 4 • • . i {��j - ii 4. .1 T • -1t , _111#0414741S. J t; T ; [-M ��aj I • I p 4°All 1Ml� k ; 1 ,. I ` .`i. . fl w - fa +�.•M V4. I -- - n 4.1 - r ,. �, , • i . - i - .��. 1 ' , . , �<, f l ir • • ! • ♦(� —4,. .' •. I S'ti► .. • 'i Li ••tiM ! j 0 61 1)i Ir - , 5 I `' ? ! y •,• j J us .. , ,. . "gich'3/41,41... .11 t• • t li 4 .. : .......c..1,.L.:•,..f.ft.:, ii '. ri: a Iola mt... .G } si „.-T.,, , , AA . ii •.0 ..or or• St lisp 6 _ . 1. l. I ' . ,:i. ..,-.:.-... . -•?•‘" -4.:,• .- .• :Li 1 I JT -� - 5 •-1. ./' F f' - I" . '414+` t�1, r ,A. .1••• - �t r �. Fn . .4'� 7. 1 1rP� ' :,. t y S'?,C1r ill, •; ti. .4�- J ^ *, n � '• . "•tire E . •'i ['a �17Y • I ' • 'r'ts`f'�i. - ' 1.- -■i ten .i,�w • . i -- • . ... - V - / 40 1J • I ,}. tit • + , Jt,y Y f , ' : • r: gli ol: els " . : ii.' • .• • • 0 1 U° I IlL. 7•27:.*- I it il ill I . w, • • .... ' I . - 0 cot 1 . 4 . . , . 0 C itei ... , . i- . �� '. ! ail ` � � hi 1 IL 0 TI i IL Illt or . - V a ';4,;., .: •1 _ . . 4 14. I. , ._ : J. . . . , _.. , .._. VW ,.411. ,� ."' :::: �•'T• Jae'.::::: ,:2_4-N , '," - It`s 7• `r•♦ 4pC.•n• w . k I 1 ---,-.•, • . A I ♦ • • I 'ill • ., 0 • -glillill b ire .. \ , — - -.. _0 . . , . ......, I,.r . i.....:........ . ..._, ._ ._ .._. . 1s61 MEMORANDUM I To: Board of County Commissioners 0 0 0 N T Y From: Kim Ogle, Planning Services Subject: MUSR13-0023, AC Trucking, LLC Minor Amendment to USR11-0015 do Eliseo Alcantar Date: March 5, 2014 Case History USR11-0015 was approved by the Board of County Commissioners on December 7, 2011 and the USR Map recorded on February 7, 2013 via Reception No. 3908567. A Pre-Application (PRE13-0201) meeting was held on October 25, 2013 where staff determined that a Minor Amendment to the existing land use permit would be required to amend the hours of operation. The applicant, Eliseo Alcantar, owner of A.C. Trucking applied for an amendment to Development Standard No. 25 to increase the hours of operation, to 24 hours/day 365 days/year via a Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR11-0015 for Mineral Resource Development, Oil and Gas Support and Service (Water Hauling, Roust-a-bout, Construction and Excavating) in the Agriculture Zone District. Further, the applicant, Eliseo Alcantar, owner of A.C. Trucking, mailed a letter on or about November 20, 2013 to the adjacent property owner Mr. and Mrs. Jay (Susan) Pointer stating that "AC Trucking is the process of submitting an application to change the hours of operations, so that we may meet our clients demand." The Department of Planning Services mailed out postcards on or about November 20, 2013 to property owners within 500 feet of the site, notifying each of the proposed change in hours of operation at this permitted facility. The Department of Planning Services recommended approval of MUSR13-0023 for a modification of Development Standard p No. 25 which currently states "Hours of operation are 6:00 AM to 8:00 PM Monday through t ough Sunday." The administrative approval signed by Tom Parko, Planning Director of Planning on January 2, 2014 modifies these hours to be "Hours of operation are 24 hours a day seven days a week 365 days a year." This approved modification to the hours of operation was supported by staff as there were no telephone calls, letters, electronic correspondence or other inquiries received from surrounding property owners and interested parties. Staff did receive several telephone calls from Mrs. Susan Pointer on Friday February 7, 2014 concerning this case. It was then determined a hearing would be scheduled to address the concerns of the surrounding property owners. SERVICE,TEAMWORK,INTEGRITY,QUALITY Application History Application submitted November 20, 2013 Initial Processing and Case Processing November 20, 2013 Postcards mailed to surrounding property owners November 21, 2013 Referrals due December 20, 2013 Referrals received: Building Department Referral November 21, 2013 Fort Lupton Fire Protection District Referral November 21, 2013 Division of Water Resources Referral December 9, 2013 Environmental Health Referral December 19, 2013 Public Works Referral December 19, 2013 Referrals were not received from the following agencies: Weld County Zoning Compliance Weld County Sheriff State of Colorado, Division of Parks & Wildlife City of Fort Lupton Planning Weld County School District RE-8 Staff Report and Action, signed by Tom Parko, Director of Planning January 2, 2014 Board of County Commissioners Hearing Notice Post card mailed to SPOs within 500 feet of property (Sent to Print Shop) February 12, 2014 Sign Posted on Property for BCC Hearing February 21, 2014 SERVICE,TEAMWORK,IN IEGRITY.Q LALITY FIELD CHECK Inspection Date: February 21, 2014 Applicant: AC Trucking, LLC, 15294 County Road 20, Fort Lupton, CO 80621 -MUSR13-0023 Property Owner Eliseo Alcantar, 1592 Conestoga Drive, Fort Lupton, CO 80621 Request: A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR11-0015 for Mineral Resource Development, Oil and Gas Support and Service (Water Hauling, Roust-a-bout, Construction and Excavating) in the Agriculture Zone District Legal Lot A of Recorded Exemption No. RE-2609, being a part of the E2NW2 Sections 22 Description: Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 20, approximately 0.25 miles east of County Road 31 Size of Parcel: +/-4.68 acres Parcel No. 1309-22-0-00-056 Zoning Land Use N AGRICULTURE N RANGELAND—WITH OIL RIG AND HALE BALES E AGRICULTURE E RANGELAND-WITH OIL & GAS ENCUMBRANCES S AGRICULTURE S USR-1568 SAUCEDO TRUCKING, IMPROVEMENTS W AGRICULTURE W RESIDENCE Comments: Access to the property is from County Road 20 and all-weather road with heavy magnesium chloride presence to a point near the entrance to the AC Trucking/Saucedo Trucking point of access. Access into the property is onto a graveled road. There is a gate at the entrance that may be closed, but was open at time of visit. The property is fenced with a six foot in height cedar fence on three sides, with the east property line open and secured with a barbed wire fence. Employee vehicles are parked at an angle adjacent to the fence at the east property line and at a ninety degree angle on the south property line. Vehicles utilized for the trucking business are parked parallel to the existing shop building, south side with truck headlights pointing to the east. Lands to the west of the building are currently disturbed as the well has been drilled and the septic system is being constructed. There was no visible sign of a water quality depression located in the northwest corner of the property. Areas not utilized for vehicle parking and turning movements are in a native grass. At time of inspection there was one over-the-road tractor parked parallel to the south property line west of the shop building without current tags. This is a violation and will be required to be removed from the site. A single overhead light on the shop building facing east provides site lighting. There were several tires leaning against the fence on the south property line, visible from the road. The 8-foot in height opaque fence utilized for screening the vehicles, located north and south of the existing shop building was not present at time of inspection. The property is compliant with the current Special use permit, number US11-0015, with two exceptions. (1) 8 foot in height opaque fence/screen has not been constructed, and (2) The water quality depression was not visible. Both of these features may be subject to the current on site condition associated with the septic field improvements. Lands surrounding this facility are in pastureland for the grazing of livestock and/ or are utilized for rural residential development. The parcel immediately adjacent to the South has a Special Use Permit, USR-1568 approved on December 27, 2006 for an office and storage building for materials used by oil and gas. Land to the north has a drill rig on site with a bale screen fronting the south side of the rig. Two the West is a single family residence with outbuildings and to the east is land utilized for the grazing of livestock and oil and gas encumbrances. Signature Commercial business/vehicles that are operating from the site—AC Trucking, LLC r0 CORD 0 NQ r0 COD -0 vi 0 (l CO y) D D r CO N J coca) y j,N "°D r O N 0 CO 07 N 0 >V tLr9? n EE P �°:o mvr0a EE 'r- wag V m0 cad y0ya > oE0.0 a m0cad 0Jwa > DEm -0am >- .E '° a -015rn $ } c JQ CO �..� J 3m m -. C ace Nc N c J CL N • TNL -1-0 fa) N OD onv' 2 a U Jo 3m m -- o aan `° m C OagfC mD of C O0 .r ' ' HD‘- :0 CL La O D ` a v ° 8 J° Z O N?' 0 U- � v c 0 3 o z v'm 0 •" > N 12 c D` U J U L N v E' V , v v (0 L_ P O j U L in in a, E W U N > cc L N d U N ° C r CO CO O 0 j co 3 L . N U UN 0 c r i° CO 0 0 N U n C C N L N N 0 y a 0 o N C C N L N N O r »D '.�. oI-03 D3 :-- 'v Q1 o � m `= L E L D 3 �. JN o 0 E c Q N O d o 3 G ++ 0 F' D y .- C O U Q 0 0 O p a.� > w E m !0 o o o a0 0 > Nd . 3 Ca <a Z O Y aI 0 To J 0 N ` U L'U ' >.. 0 -5 m e J O Z C ° !c v v aO c0. O N OL(n 0 0 t Z aU cdO N OLN 'C o 0rsE D U O -° a 0 0 O CO OI O C 0.0 0 0 U J -O O O U « N C 0.0 0 O O N O D "' C L ° � '" > O' D O ° O •N ODD O m 0 0 CO .. > 0 LmD � LE N2EO '4`IO�C LmUc na4�DCU 0 nfl > vendor mm3mma c NE `° n0+ v mot mm 3mma c in 'a° m C[ -000 -5 $ � Etpmaa rn `boy NU -° w TDo � 130maa rn • o'c LL F- 0 U y� O1 0 U N 0 0 0 G W d `� o U N co..- o N ` c iii il d 3 N E >.L C N N c r N O G 3 N E J.L — . m C .- W O G C co N 0 0 « °p "— O C .O. .L- 0 0 C Of N O O r - O C d .L- j 0 0 O E a°m e m e q,q°� -5 0 a D 0 a 0 ti 0 S E 2 m c 0 c- -0 0 0 -0 d a `v y '++ COE vo Ec2Sary m CO w mE v ° v1° 0ry d Na.eE U .0 co m � d oo W ° w0 °' N, EU CO ty YUowd c° o2�°Son� a me c' o a n c Sv m _ -5 m € N y o > a F To E N N 4.2 > 0 c °c Lb- a aoo0u) E .o Eordca -c c0 a, a a o CM Force t c v 2 Q QU «O 'ra ' Sm J v ° � c0 < QU $Or n —= w OJ ° � ao c0 Uc 3 U0-cm 00 EU `0 3 UQcm oacUDo 8 � _. Ez va5o p yNe= J C 0E0 r/� OacU „ r 0E �'� 7/a ENO ' 3m 0 a0 o E o . 3 v a m 1��F -1. 0a t� a � 'o � �FI s dwat� > a o vEr 01, m `t r J � r c' 0 0 a o m Q. :a a^ Wit^ Jc o 0 8 p o n e ► `1U w> O:= N >. W �' ► �U� CT J w > R:_ d >� W W m U >. Ew03 e ,I- 0 J0 A 0Eo 3 d i- 08G L.° C co C d a y`0 -5 c o D D _ a y_O D D r O N J ry 0)1° N j,N D D LO O N N T O)N 0 m`0 to tU ma EEr o- mvrma EEEE oaa V CO y ca 0 m o rn a > Dc 'O.>' V 0 0 0-s 41,5 n Y o m a > c E y >,-0 rn } .c 'm < 0 e tan CO } c JQ CO 0 e f0 j .� - n c n0L m� 0 f0 c = .E cL N >. = c� 0 V o3m III _0 �' -0n aa 0 o3mm « o23 _ an a0a C U m O L r D N J 2 G O a U OI o L ° C NCD T D r 0 O D to o ° a ° .n 0m°' 0 D.c v cov0Z ccimm +7 0 or En 0 0 o �y ' rn not « 0 co E p 0 8.c Lr)'0 ,0 m no.c CO 3 L N d U O C « N O > N 3 L N O U N C .- _c N 0 0 U N C C N �' N N N r n >d 0 0 N E O l0 O N •- a o m > Y OFD y .L. C N U V0. O N w «f D N L c � 'V O' � O O 0 N O O a N 0 > 0 ,- O ,_ ° G N 0 Q 0 w fO > N O • 3 0 G h -2 Ea' O 0 J Z !c_ 0 0 O a O) !c 0 0 Z O U•c d N L O L O G: Z w `T' 0 0 m " J 0 Ol ` 0 U L U a 0 0rN �`.E -0U c0. 0 N ono . o 0 -._ D O ° O N a r •p o 0)N c0 0_0 > y O J D 00 N C 4 0 m O n.- O mO a° TO O tm.02 pc CCU• 9 �c�a N LmUcN na 20 DDCU N 000q > 0hm0t N !n • 0N -0 c rnEOm > venm`OL N " • wma c UE `2O N -000 -5 > cgm0 a m y_ oc N -0030 -5 f > 8maa rn y_ ! c U CD 0 `°= \ — c Gr- 0 30E v c mc.. `o v OWL._ 18 '30 Uv rn0mx`oo 0 cod C °I !Nn O d 'a y yo to o S j 0 0 C m co- O w.c C N O c Si S O O 0 IP OED wo 00 00E 0 v mo,aE '.U— - —a) 0 rnm 0a°i Ea d mo�nm .r Ta U LCO 0 U�� aDi c � � onr a y� 'co U LU ��m c � moa$ 2'DcE U T 0 w N - •N Lei o o c a) c u a U _ ° 0 w N O To O O 0_0 0 a G U a ac2e = ° aE NDo > occo a n - w — g mENOmo > Ec�,� J i'" r T l0 ` 0 CS r in F Y" .N. T N 0 O a S. J �n 0 E wO L C « 0 L -a`l C a a J O7 0 .r C o L c « v O L E ° O C r O j -0 44�� G0 0 O'0 ° O E c O _ r O C -0 or c N a q < QU .. O:. n c 0Eo `o 3 Uccm° Q QU2O « n c . OEoo 44�� ° � c ° - c E U c a e °1 0 •- 0 E U c 3 a °c'm 92a ._ 0Do 8 0.. er .. vH5O 0 g 0.. es ° n C U v c O E N- O J COD N 0 E 0 3r 0 (xi, 0 7/� a0 v - c oENw 0 TI a) m (0 e4 E N O O. _se a) vo 0 a > �, t( s vza CD d CL ° > ;'''r z Dw v E � °D >c oeE H — c v EE c° me° ° L.� ot_ « c o0 0 yo e ro �� a. at5 c o0 c°e p >0 ae U.' 3 w > m: 0 0 2'm ° 0 0 3 w d Nq 5'_ 0 2'm ° 0 ;� O E O U O >` W e C + ► J > 0 0 T W 6 E 0t T 0 N v 3 m o - J 0 a 0 E 00 v 3 a) ,- m co to a) •2 ca c) ca o C- _CO Nt in o) C '-c+) C C C (') • CD CO mOm cCO CI C) 4.1 T O E Q O_ LO_ TLO r---O c n O W O- TM or >,r) U Z 0^ U z m -CI do "Cl LO wo `r Urn 3'r Orn Etyr co o c� o E Oct. N O O c O N o) c .o j U C) _ ._._ c o c d' C) O E 2c am) 00 o E2tdorc v C C a) T C`- N_ aC C m T C . N cc O00 VI 0 E o m [L m m n E O v d C O L Q 60 E `� am) 2 Qo)� Eam cm_, c 9 0 `o a ai 2 _. co 0 C J C " m N m _.. N J m .- C = N J ._ CO O O an m f • o O .2 .c T��° E .. 00 . .. T m O E Cl m m clan rnLa as a _... l� __.. .. r)s u d m c o N°) co F o s E c 3 °I 0 c I i__. & , 5. tam= 0 0 rn I .e U G. ,_ C W . E 'C _ U) • a o >.E C 2c).4. 0003 .. 1-02 :Ilia m ` I • 20.00 O) .. m - y E C t .. Q d 0 C c C E .. _ .. Q m 0._ E : S • m O. m O'{p K c N E a te m 6- A O C U .. mom -' _ o O.m m c ` c U � za � axo� mam OZ&ro o-Imam 8 CO •v a o a cov) o cr o) La o) in c c') c r CO c el C Co r al CD 0 CD a > COO dQ 0 030 Q >`L O TL O o_ D^U� t C.)(c) o'- TM o'- TM (LP) 2 N a)O Din E O 4 a E C E co O m m p m O C O N O) ' O C o N 0) o _ _ d J 0 e O ! C C a o en A 2 m g',. o I m o w E mO o E .. L mtO C C m T C " N C C m T C 'I- N m8moioo )n E omaCO `�) m L QOU,oE - 2 am� E�� L U `o _,_ cc 0 _m N N U O C C m m m N J C CO O O C m 2 I M J c J O 0 a di® f O -� L � � _I NJ - m `. orn ��w° E Ea; oo mft ra `m E ui ,e me « a`) oinmm ° c ` c yufl, mE N �� ..� -_ co cn cu m E 0ln mm mo. Jt can U m a J L is N Q � � QEa Jo oTOc I � � 3Ec5oOa I n I a )n c4 CCA T.) E 'C I 7 a. « cCa a). 1 Oao Om mY N `L O'Oo 01m mY m �I -. Q W92 cii to r ill o C E .. =2 it I Qmo.6 ccE C2 � Ear � mAOCU dao � i OocU mm2 )n a CO co il 020. 7 o o J m a m I 1. m A Q co o o 0 am O O 2 a 7 m o J m O. CO I ei v en N O N O V t0 el LO el en m C Oo O N N LP _ N tD to el O COCO 0 CO 00O VI N I O in C N O N u d 0 O Y O w O Z Z Z c 'o O O Y Lei N W a d = t vi > r = Q a. CO Z J J a U _ W U 0 LL U- V1 U vl K C LL O -ro O v z ~O m u a W U W z W CL E�1 U c a N m a, CC > N 0) e n O cc o _, r., c Q C O N W N C 3 O. ro of U C< a tO O w W U m x > � N I Vl O mmO m 01 .c C N O Yin M ,-1 ti a O` w a m Y a M OD C `" In TL— IB ai _0 C N in = C C -a ir o O O x¢ al O• H v c , V W L • O 0 Q o CO o T O l- O N w O?. • = .71-1 U1 J Ou ey rn CO t71 ill u vii ' 0 0 K m D W Y LL ei 2 O u V1 m "0 _O O C > O w V1 C E al v� K = m O 'O H a p z z L E E VI a U cc CO A .Ni eei O W -O U in ON Z c . 00 m >. N 0 U ac = 0 " ' v co CC VI zr 5 ,v O. O_Lo a J_ _ 'O m O Y O Z a ea > m > z' a. O et' m t i c a o m LL Y O Y r E a O M W J O a. CD u p O Z z j Z H t c o ti , C vii c g Z a ‘1) A DA ZO `a^ p u > E v - v O W O a 0 a LL .a v ,n v z in Z Z a Z F 0 O a Q 2 Lu in w r Q � - w N C Z U a = U — N 03 0 Y K . 4 t \IL EXHIBIT gory- c,W • 3 - D' i4 EXHIBIT aNy- aAii9 .r e r k 1 41k i sit : *a 1±2 lal. V ,' 4or 4 • libill sr if. at I j s a ' i • f V wr ♦ It OP 4 41 r!f I 1 •. • _4n3 •I, ' . • ir :..` ` . . •. .a ,1 _ . 40 0 . .,.. ..... , . • . , . -it-0 i EXHIBIT 4 a o/4- a 41 12 Li, _.. ,-. 1/ 3,€ /3 -0D,. . dry • a • • EXHIBIT Ij) Qo19- a11/9 413 -ooa 3 il I. ' I F,. IF , I ` * , . AI iiinitems -4 f a . _ EXHIBIT 1 b &el y - a vi? i E. Alas e ! - DD- .. ipiissis ` r II 1 ti j • . . ; a Ara SI Tit liallial111: II it •., 7:: . Y N' t 4,. iriallit P. . ii:, la glea`` lleSilir - -- : k 410--aallibillpITIllimuk a .•gym r MIN il 74. - r .f •. - ta. EXHIBIT b- b am/4- a41g . • F - 'Ca3 %. w N+ T 4 , ,,„3-titticK1 Nr I 4 NNGi A I CO • I .f... T i upTON , \100\,..) , r Lw I Ilic,1),::1 P 1 a t te A_... 0 t , ,--441( s_ , - as: r 11 1 I. * k :J a. `'- 1 .•tRini 19 0 Dt imild . . uWor +s121co I VIN W489388 i I c ., t t I - Ete. EXHIBIT k i aoN -- a i` 1 `? ,has / ' .7D, 11 alb - f 1 s. . a7 i i r) ` . �� , :... „ I et :- I , • if 1 • keltri. _el'. c 44 • 1 ! I" . , :...":4‘ we' ' t..'a . i 1 ' . y 4. . S le 1 . • < r r•- • ,.4 • 0) .$ in ;y a I •• a - V ` , i VIIS Via . _ i . VI asse tillIS. aia . __ G) . I .07 • .1/4 tie . _ 1:: ,, . i , a., I st a - •1'izacair ..,... ed\ ''!"C" ie. t -Mks . tab' Ili . . • . w Ieesa:A' - • :I•� - • ' ew , .b _ w7♦ .l.,.......4.-Sql\s"cs,,,:a j,t .‘"- 1 % 1 ` O. •�L 4. ill II , 4 • I "` I - 9 /. _ _�/ A •A- , es r ' = % . - Wir. , .i I tali 4 IIP gll IIIIIIIIISPIIL \lit O. It •4117.4. : rill: irt, • lie." a _NII, • 1 . le 1,,,,,,,,,„1, ... ... -,... . ,, ‘ . . _:s_ ,„, ._ , 1,6•24,,,a, . •; '�• . 0, a► `j "� ii 1 L II r 4.0. po IL: • 441.r 41, 40 . I 'el tteelididr J IP001111_. ',me aste • (att..: Ni• • it Illi sir of It a bps vojessivis a -7. amidw:e A . I see 0 _ east .ft4 a , . • illislltri 4, 1 ,� alt ` f. ---- • 1 I J + -. . ligh Al a • • Pilik ♦ 1 it I • 1 lib . • • • %-illSkir._ OS 1f ' 4 • *'"' .. M I • li • All 4 \ Mt _ :�.a. W. _ _ t tip`, 31• \aim, .• alltililir gat - - 4 . I . . N. I • ri. r ` ` I"w \ St , S; • •�� V. 1 I I 02/21/2014 iIIII 41/4 Ill ai . (1, n 4. 4#4,, _ . _ -saws, 0 z_ Hello