HomeMy WebLinkAbout20131173.tiffRESOLUTION
RE: APPROVE REQUEST TO REVISE THE SITE LAYOUT FOR USE BY SPECIAL
REVIEW PERMIT, USR12-0066, PRIOR TO RECORDING THE PLAT - LEWIS AND
SEDONIA HERRERA
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, on January 9, 2013, by Resolution #2013-0060, the Board approved the
application of Lewis and Sedonia Herrera, 3043 Cabin Creek Place, Casper, Wyoming 82604,
for a Site Specific Development Plan and Use by Special Review Permit, USR12-0066, for an
Oil and Gas Support Facility (vehicle parking and equipment storage associated with an oilfield
service facility) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
N1/2 NW1/4 of Section 26, Township 7 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board was presented with a request from Lewis and Sedonia Herrera to
revise the site layout prior to recording the plat to include one (1) 80x80 foot building, and
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant and, having been fully informed, finds that the request to
revise the Site Plan, as described above, be approved.
NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Lewis and Sedonia Herrera to revise the site layout for
Use by Special Review Permit, USR12-0066, prior to recording the plat to include the addition of
one (1) 80x80 foot building, on the parcel of land described above be, and hereby is, approved.
.PL+
2013-1173
PL2200
REVISION REQUEST (USR12-0066) - LEWIS AND SEDONIA HERRERA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of May, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTES
Weld County Clerk to the Board
EXCUSED
AP
Barbara Kirkmey
y Attorney
Date of signature:
a 2
William r.'l,arcia, Chair
Douglas Rademacher, Pro-Tem
2013-1173
PL2200
To:
From:
Subject:
Date:
MEMORANDUM
Board of County Commissioners
Diana Aungst, Planner
Public Hearing to request a revision to USR12-0066
— addition of an 80x80 building prior to the initial
recording of the plat — Lewis Herrera
May 13, 2013
The Department of Planning Services has received the attached letter dated April 8, 2013 from
Mr. Lewis Herrera. Mr. Herrera is requesting to add an 80'x80' building on the site prior to
recording the USR map. The parcel is an 80 acre parcel and the applicant has received
approval from the Board of County Commissioners as of January 9, 2013 for the following Use
by Special Review.
A Site Specific Development Plan and Special Review Permit for an Oil and Gas
Support Facility (Vehicle Parking and Equipment Storage Associated with an
Oilfield Service Facility) in the A (Agricultural) Zone District
The original application submitted by Mr. Herrera stated that no buildings were requested.
However, per the attached letter, Mr. Herrera would like to place an 80'x80' building on the site
to store the equipment inside.
Mr. Herrera met with the property owner to the south and noticed that the eight (8) foot fence did
not screen the equipment storage area sufficiently from the neighbors view. Mr. Herrera
decided that storing the equipment in an 80'x80' building on the site would keep the equipment
out of sight. The letter states that storing the equipment in the building will keep the equipment
out of view of all the neighbors and the equipment is less likely to be stolen if it is in the building.
Referral Agency Comments:
The Building Department, Public Works Department and Environmental Health Department
reviewed this request. The Building Department stated that a building permit is required but the
other two departments did not have any concerns.
There were no comments from the outside referral agencies on the original request therefore
staff did not re -send this modified request to these referral agencies.
Notice:
The surrounding property owners were notified of this public hearing by the Clerk to the Board
at least ten (10) days prior to this hearing.
Page 1 of 2
2013-1173
Recommendation:
The Department of Planning Services is recommending approval of this revision.
Background information:
Legal Description: N2NW4 of Section 26, T7N, R63W of the 6th P.M., Weld County, CO
Location: East and adjacent to County Road 69 and approximately 1.0 mile south of
County Road 80
January 9, 2013: Board of County Commissioners approved USR12-0066 with (no building
shown or requested).
December 4, 2012: Planning Commission recommended approval of USR12-0066 (no
building shown or requested).
Page 2 of 2
APRIL 8, 2013
HERRERA INC. dba JL PUMPING UNIT AND CRANE SERVICE
TO: BOARD OF COMMISIONERS OF WELD COUNTY, AND PLANNING
DEPARTMENT OF WELD COUNTY.
SUBJECT: BUILDING ON USR12-0066
THIS LETTER IS TO REQUEST PERMISSION TO ERECT A BUILDING ON
SAID PROPERTY, WE HAD NOT PLANNED ON ERECTING A BUILDING,
BUT AT MR. YAFEE'S REQUEST, I WENT TO HIS HOUSE AND LOOKED
OVER AT OUR PROPERTY, AND WHAT I SAW WAS ALL OF OUR EQUIP
PARKED IN FULL VIEW, THE 8' FENCE THAT! HAD INSTALLED AROUND
THE PROPERTY DID NOT SHIELD THE EQUIP FROM HIS VIEW,
THEREFORE BY ERECTING A BUILDING, I COULD JUST PARK THE EQUIP
INSIDE AND OUT OF VIEW OF ALL OUR NEIGHBORS, ALL THEY WOULD
SEE IS ANOTHER BUILDING.
THE BUILDING WILL BE AN 80' X 80' STEEL BUILDING WITH UP TO 12
16' HIGH DOORS, SO THAT EVEN WITH A LOAD ON THEM, THEY CAN
STILL BE PUT INSIDE AND OUT OF VIEW.
ALONG WITH SHIELDING THE VIEW FROM OUR NEIGHBORS, OUR
EQUIP WILL BE SAFER, AS WE HAVE RECENTLY HAD SOME EQUIP
STOLEN, AND MR. YAFEE HAS EVEN HAD TO CALL THE SHERRIFF'S
OFFICE AND HAD THEM COME OUT AND INVESTIGATE SOME
INCIDENTS OUT THERE.
I (WE) THANK YOU FOR TAKING THE TIME TO CONSIDER OUR
REQUEST.
LET ME ADD THAT FOR NOW, THERE WILL NOT BE ANY UTITLTIES TO
THE BUIDLING, FOR RIGHT NOW IT WILL BE STRICTLY FOR PARKING
THE EQUIP INSIDE, OUT OF THE WEATHER AND AWAY FROM THIEFS.
RESPECTFULLY
LEWIS R HERRERA SR.
HERRERA INC.
dba JL PUMPING UNIT AND CRANE SERVICE
CONTACT INFO
OFFICE 307-237-1000
FAX 307-237-4100
CELL 307-262-3678
USR12--0066
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Department of Planning Services
1555 N 17th Ave
Greeley, CO 80631
(970) 353-6100
Weld County Referral
Date: April 9, 2013
Applicant: HERRERA INC. dba JL PUMPING UNIT AND CRANE SERVICE
Project: Revised site plan to add a 80'x80' steel structure for storage
Case Number: USR12-0066
Parcel Number:
After reviewing the revision to add a steel structure to site plan the Building Department has the
following comments:
A building permit will be required for any new construction, alteration, or addition to any
buildings or structures on the property. A building permit application must be completed and
two complete sets of engineered plans including engineered foundation plans bearing the wet
stamp of a Colorado registered architect or engineer must be submitted. A geotechnical
engineering report performed by a registered State of Colorado engineer shall be required or a
open hole inspection.
Buildings, equipment and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2012 International Building Code; 2012 International Mechanical Code; 2012
International Plumbing Code: 2012 International Energy Code; 2006 International Fuel Gas
Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code the 2012
International Plumbing Code. and Chapter 29 of the Weld County Code.
A plan review shall be approved and a permit must be issued prior to the start of construction.
All building requirements can be found on the Weld County web -site
www.co.weld.co.us/planning department/building inspection/permits
Frank Piacentino
Department of Building Inspection
Diana Aungst
From:
Sent:
To:
Cc:
Subject:
Mary Evett
Wednesday, April 03, 2013 2:24 PM
Diana Aungst; Heidi Hansen; Frank Piacentino
Kristine Ranslem
RE: Revisions to USR12-0066
EHS has no concerns if the proposed building is only used for storage of vehicles and equipment.
Mary Evett
Environmental Health Specialist
Weld County Department of Public Health and Environment
1555 N 17th Ave
Greeley, CO 80631
tel: 970-304-6415, Extension 2216
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Diana Aungst
Sent: Wednesday, April 03, 2013 1:19 PM
To: Mary Evett; Heidi Hansen; Frank Piacentino
Cc: Kristine Ranslem
Subject: Revisions to USR12-0066
Hi all:
The applicant of USR12-0066 (Lewis Herrera) would like to place 80'x80' building on his property. He has not yet
recorded his USR map. I'm scheduling this modification to be reviewed by the BoCC with a notice to the surrounding
property owners.
Attached is a conceptual of what he is proposing. Please let me know if you have any comments you want included in the
memo.
Thanks,
Diana Aungst
Planner I
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
970-353-6100 ext. 3524
Fax: (970) 304-6498
daunast (a7 weldoo v. com
wwwweldoov.com/Departments/PlanninoZonino/index.html
1
Diana Aungst
From:
Sent:
To:
Subject:
Heidi Hansen
Thursday, April 04, 2013 2:44 PM
Diana Aungst
RE: Revisions to USR12-0066
His lot is big enough that the increase in runoff from the building should be very minor...l'm okay with adding the
building without doing additional drainage
Heidi Hansen, P.E., CFM
Engineer III
Weld County Public Works
1111 H Street
Greeley, CO 80632
970-304-6496 ext. 3745
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Diana Aungst
Sent: Wednesday, April 03, 2013 1:19 PM
To: Mary Evett; Heidi Hansen; Frank Piacentino
Cc: Kristine Ranslem
Subject: Revisions to USR12-0066
Hi all:
The applicant of USR12-0066 (Lewis Herrera) would like to place 80'x80' building on his property. He has not yet
recorded his USR map. I'm scheduling this modification to be reviewed by the BoCC with a notice to the surrounding
property owners.
Attached is a conceptual of what he is proposing. Please let me know if you have any comments you want included in the
memo.
Thanks,
Diana Aungst
Planner I
Weld County Department of Planning Services
/555 N. 17th Avenue - Greeley, Colorado 80631
970-353-6100 ext. 3524
Fax: (970) 304-6498
daungst(@weldgov.com
www.weldoov.com/DepartmentsrPlannincgoninqhndex.html
1
Notice
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be
held before the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado, at the times specified below.
The complete case file may be examined by calling or visiting the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages
sent to an individual Commissioner may not be included in the case file. For inclusion of any correspondence
prior to the Board of Commissioners hearing, e-mail egesick@co.weld.co.us.
If a court reporter is desired for the hearing, please advise the Clerk to the Board's Office, in writing, at least
five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In
accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to
participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day
of the hearing. All cases scheduled before the Board of County Commissioners are subject to continuance, due to
lack of quorum or otherwise. Contact the Clerk to the Board's Office at the number above, for hearing continuance
information.
BOARD OF COMMISSIONERS DATE: May 13, 2013
TIME: 9:00 a.m.
APPLICANT: Lewis and Sedonia Herrera
PLANNER: Diana Aungst
REQUEST: Consider revision prior to recording the plat to the layout of A Site Specific Development Plan and Use by
Special Review Permit, USR12-0066, for an Oil and Gas Support Facility (vehicle parking and equipment storage
associated with an oilfield service facility) in the A (Agricultural) Zone District. Proposed revision includes the addition
of an 80x80 building.
LEGAL DESCRIPTION: N1/2 NW1/4 of Section 26, Township 7 North, Range 63 West of the 6th p.m., Weld
County, Colorado
LOCATION: East and adjacent to CR 69 and approximately 1.0 mile south of CR 80. (See Legal Description for
precise location.)
SIZE: 80.47 acres, more or less.
DATED: May 3, 2013
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing, USR12-0066, was placed in the United States mail, first class mail, postage prepaid,
addressed to the following property owners.
DATED this 3rd day of May, 2013.
LEWIS AND SEDONIA HERRERA
3043 CABIN CREEK PLACE
CASPER WY 82604
ATTN TRAVIS HOLLAND
ANADARKO LAND CORPORATION
PO BOX 173779
DENVER CO 80217-3779
DONALD AND MICHELE
CARMICHAEL
36249 HWY 392
BRIGGSDALE CO 80611-8102
EDWARD AND KAY LYNN GRIEBEL
38125 CR 69
BRIGGSDALE CO 80611
JEFF AND TANYA WAHLERT
31530 CR 128
GROVER CO 80721
WAHLERT LAND AND LIVESTOCK
LLC
36750 CR 65
GALETON CO 80622
AVRAM AND ANDREA YAFFE
38485 CR 69
BRIGGSDALE CO 80611
Deputy) Clerk to the Board
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of
the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was
compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,
http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld
County Assessor was assembled within thirty days of the applications submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel # 071326200014
Account
Parcel Owner
Mailing Address
N1002586 I 071323000003 ANADARKO LAND CORP
R1003786 071326000012 CARMICHAEL DONALD L
ATTN TRAVIS HOLLAND
PO BOX 173779
DENVER CO 802173779
36249 HWY 392
BRIGGSDALE CO 80611-8102
R1003786 071326000012 CARMICHAEL MICHELE M
R4582907 071322400016 GRIEBEL EDWARD D 38125 COUNTY ROAD 69
BRIGGSDALE CO 80611
R4582907
R3450005
R3450005
R3458405
R2165003
R3458505
071322400016 GRIEBEL KAY LYNN
071326200014 HERRERA LEWIS
3043 CABIN CREEK PL
CASPER WY 82604
071326200014
071327100015
HERRERA SEDONIA
WAHLERT JEFF
31530 CR 128
GROVER CO 80721
36750 CR 65
GALETON CO 80622
071327100014
WAHLERT LAND &
LIVESTOCK LLC
071327100016
WAHLERT LAND &
36750 CR 65
LIVESTOCK LLC GALETON CO 80622
R1002486 071323000003
R3458405
WAHLERT LAND AND 36750 CR 65
LIVESTOCK LLC
GALETON CO 80622
071327100015
071326200016
071326200016 YAFFE AVRAM
WALHERT TANYA T
R4199406
YAFFE ANDREA
R4199406
38485 COUNTY RD 69
BRIGGSDALE CO 80611
Esther Gesick
From:
Sent:
To:
Subject:
c [chrsamr0l @aol.com]
Sunday, May 12, 2013 4:52 PM
Esther Gesick; Sean Conway; Mike Freeman; William Garcia; Barbara Kirkmeyer; Douglas
Rademacher
Lewis and Sedonia Herrera USR12-0066 May 13, 2013
First, we didnt receive our notice until 6 days ago. So, I can not be in attendance. I dont appreciate the lack of
reasonable notice.
I have several questions I wanted to ask and have answered before the commisioncrs.
1. How large is the county going to let this business get in this location? Numerous trucks and additional
equipment have allready been added.
2. Is the trip allotment going to be increased? Many days they are in violation with the number of vehicles in
and out. The original plan said 10 trips. It is rare that only 10 trips are made daily.
3. Is the proposed 80 foot by 80 foot commercial building really in keeping with the agricultural zoning of the
area? I assume it will have 14-16 foot sidewall height. Which will make it one of the largest buildings out in
this area.
4. If the owner builds this up with the intention of selling the business to a larger oil servicing company, will
we have any recourse? Will the new company just take over and continue business as usual?
I want to say that the fence that Mr Herrera installed is an expensive fence. But, it doesnt screen anything from
my home. At all. We have noise from Mr Herreras trucks and the sub contractors he has coming and going
hauling gravel. In January he stood in front of you and told you he had no intention of building a building.
But, 2 months ago he let me know about the 80 by 80 building planned.
We intend to sell our house now. We just bought it. We love the house. We have lived on this road for 6 years.
And in this County all our lives. The road to our property is often impassable. We spend hours scraping the
mag chloride from our vehicles. And now you are allowing an out of state commercial entity to destroy our
quality of life.
We only hope that the Herreras will buy our house, so they can live next door to their business.
Avram and Andrea Yaffe and kids.
we can be reached by email of by phone
970-716-7250
I have still tried to be neighborly in regards to the Herreras. I know they are only doing what you have allowed
them to do. I dug out their fencing crew and towed them a 1/4 mile through deep snow in a blizzard. They
have been stuck on multiple occasions and I have stopped and asked if they needed help.
EXHIBIT
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