HomeMy WebLinkAbout20042410 4 MEMORANDUM
IYi`,P�. TO: Board of County Commissioners June 21, 2004
COLORADO FROM: Jacqueline Hatch
SUBJECT: USR-1458 — Kenneth Shannon
The applicants for USR-1458, Kenneth Shannon do Kenneth Alles and George Paulsberg with
Alles and Associates, Inc. have submitted the attached letter dated June 14, 2004 and an
updated plat dated June 11, 2004. The applicant has addressed the following two items that
were required to be completed prior to scheduling the Board of County Commissioners hearing.
1.A of the staff comments regarding a signage plan has been addressed on the updated plat
showing a two signs, one at each entrance not exceeding 16 square feet.
1.B of the staff comments required that the applicant submit a lease agreement with the Union
Pacific Railroad for use. The applicants have state in their letter that they will not be utilizing the
railroad right-of-way so no lease agreement is required.
The applicant has also addressed other issues raised at the Planning Commission Hearing in
the letter.
Thank you
2004-2410
ALLES AND ASSOCIATES, INC.
428 N . SECOND STREET
LASALLE , COLORADO 80631
TELE : 970 . 284 . 9562 FAX : 970 . 284 . 9564
E - MAIL : A L L E S C O@ C O M C A S T . N E T
June 14,2004 Project No. Shannon 0302
Ms.Jacqueline Hatch, Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Co. 80631
Re: Preliminary USR #1458
Subject: Requested Signage Details &Request Scheduling w/ County Board of
Commissioners.
Dear Ms. Hatch,
The attached plan sheet has the signage plan details you requested. We understand this is a
required item before you will schedule a meeting with the County Board of
Commissioners. Please notify Alles &Associates in addition to the applicant.
A review of the public input, planning commissioners'comments,planning staff comments
and motion with comments by the planning commission members has been completed.
The following changes and additions have been made to the plan attached:
1. The use of the Union Pacific Railroad property adjacent the site is not being
pursued at this time. Operations will be contained within the bounds as shown.
2. The detention ponds have been moved onto the property as requested.
3. The gate for access to Parcel C has been moved to align to the cross driveway.
4. The gates for both entrances have been inset to allow parking room for a truck
to stop and unlock the gate with out traffic conflict on WCR 27.
5. The offset distances for the building on parcel C has been clarified.
6. The building on Lot B has been moved to the center.
Shannon Pipeline Co. operations will be 90 to 95% contained within Lot B thus the concern
for cross traffic issues between Lot B &Parcel C will be very small. The majority of the
storage units on Parcel C will be leased to others.
A letter has been sent to Richard&Nancy Stutz who own the parcel between the two of
this USR allowing them access to their septic system for maintenance.
We trust these changes will result in a positive response from the commissioners.
Sin9erely, 7-2
George D. Paulsberg,
P.E. #35359
Enclosed: Revised plan of USR #1458
Letter mailed to Mr. &Mrs. Stutz
File contains
oversized
"Topographic and
Plot Plan " map
-- dated 06/ 11 /2004
Please see original
file
FROM : SHANNON PIPE LINE CO INC FAX NO. : 303 659 8950 Jun. 04 2004 12:32PM P1
Richard & Nancy Stutz
1752 WCR 27
Brighton, CO 80601
Dear Richard & Nancy,
Please be advised that as per our conversation with the Weld County
Planning Department and yourselves, we would like to offer you
access to our property so that you may be able to service your septic
system.
Access wilt be provided by caffing me at my office or by simply
stopping in at our on site office during any operating hour.
Thank you, we look forward to being your neighbor.
Ken Shannon
Shannon Pipeline Co. Inc.
PO Box 843
Brighton, CO 80601
-.303-659-8850
c�, � ±, - A Lcw-z mk.oaa.0 +.LA d14;,vo--Q
2E= JUL -6 PM 2: 00
RECEIVED
July 2, 2004
Robert D. Masden
WELD COUNTY COLORADO
BOARD OF COUNTY COMMISSIONERS
P. O. Box 758
Greeley, Colorado
Dear Mr. Masden:
Per your letter dated June 24, 2004 regarding my application for a Site Specific
Development Plan and Use by Special Review Permit #1458 I am returning the letter
signed and request a hearing by the Board of County Commissioners.
I look forward to hearing from you regarding the hearing procedures.
Sincerely,
Kenneth T. Shannon
P. G. Box 843
Brighton, CO 80601
4 _ N i Z t
. a
i BOARD OF COUNTY COMMISSIONERS
PHONE (970) 336-7204, Ext. 4200
FAX: (970)352-0242
' P. O. BOX 758
GREELEY, COLORADO 80632
II D
C.
COLORADO
June 24, 2004
Kenneth Shannon
P.O. Box 843
Brighton, Colorado 80601
Dear Kenneth Shannon:
Your application for a Site Specific Development Plan and Use by Special Review Permit #1458
for a Mineral Resource Development Facility (oil and gas support and services) in the A
(Agricultural) Zone District has been recommended unfavorably to the Board of County
Commissioners by the Planning Commission. The legal description of the property involved is
shown as part of the NW1/4 of Section 29, Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado, including the Union Pacific Railroad right-of-way and Lot B of Corrected
Recorded Exemption #3360.
If you wish to be heard by the Board of County Commissioners, it will be necessary for you to
indicate your request by signing the bottom of this letter and returning it to this office. Regular
hearing procedures will then be followed.
In order to proceed as quickly as possible, we must receive your reply by July 26, 2004. If we
are not in receipt of your request by that date, the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
\rz
� . ,
Robert D. Masden, Chair
RDM/eeg
I/we,��/j4?,1'^7t / / f�}ci�.�'7�_ do hereby request the Board of County
Comfmigsioners to consider the above mentioned application.
Page 1 of 1
Carol Harding
From: nancyj._stutz@hud.gov
Sent: Monday, August 30, 2004 7:36 AM
To: Carol Harding r-,Li,. j
Subject: Case#USR-1458 Docket#2004-77
Attached please find a letter from affected homeowners regarding the zoning request listed above.
Please review our concerns prior to the meeting to be held September 1st.
(See attached file: Zoning proposal.doc)
Re: Site Specific Development Plan and Special Review Permit for a use permitted as a Use by Special
Review, (Oil & Gas Support& Services) in the A (Agricultural) Zone.
Part of NW 1/4 of Section 29, township 1 North, Range 66 West of the 6th P.M., Weld County,
Colorado
Thank you,
Richard and Nancy Stutz
1752 Weld County Road #27
Brighton, CO 80603
(303) 659-7692
(970) 412-4816
OMIT
7 /
/ t _
8/30/2004
Richard &Nancy Stutz
1752 Weld County Road #27
Brighton, CO 80603
(303) 659-7692
(970) 412-4816
The Department of Planning Services
Weld County Colorado
1555 N. 17th Street
Greeley, CO 80631
Case Number: USR-1458
Docket Number: 2004-77
Part of the NW ''A of Section 29, township 1 North, Range 66 West of the 6th P.M., Weld
County, Colorado
Re: Site Specific Development Plan and Special Review Permit for a use permitted as a
Use by Special Review, (Oil & Gas Support & Services) in the A (Agricultural) Zone
District.
As the owners of the residence at 1752 Weld County Road# 27 we are against this
zoning request because we will be directly in the middle (landlocked) by the proposed
equipment and mechanical yard on Weld County Road 27 south of Weld County Road 6.
Please be advised of the following concerns from the property owners who's home is at
this address. The following concerns outline what we know will have a direct impact on
our living conditions and our quality of life:
Item#1
Well Contamination:
If a detention pond is placed as shown on the proposed drawing it will be less than 15
vertical feet, in gravel, and 200 feet horizontal upstream of our shallow(30 foot)
domestic well which feeds the residence at 1752 Weld County Road# 27. The concern is
that run off from contaminants such as oil, fuel, antifreeze and solvents from the
proposed equipment and mechanical yard will leach into the aquifer and contaminate the
wells that the residents relay on for everyday use.
If these same ponds are lined in hopes on containing these contaminates they will become
mosquito infested and be a health hazard to all individuals in the south Weld County area.
West Nile Virus being at the top of that list.
On the proposed plan there is no indication of a fuel storage containment facility.
2
The mechanical shop will most likely have a septic system and the possibility of this
septic system contaminating local wells is very real.
The owners of the surrounding properties are asking for, in writing, guarantees that
the pollutants that will be emitted by the detention ponds and the septic systems will
not affect their wells.
Item#2
Fence:
The proposed chain link fence with lattice strips if installed as drawn on the plan will
create a vision hazard for residents trying to leave their driveways to access Weld County
Road #27. In addition fencing the power companies right-of-way which is used on a
monthly basis by United Power will eliminate access to the rear of the resident's property
and septic system, tank and leach field, which have been in place since the home was
built in the year 1956. This proposed fence will eliminate the right-of-way that the
property at 1752 Weld County Road#27 has been dependent upon since 1956 to access
the rear of the property. Access to the property on the south row line would not be
possible and the result would be that the home at 1752 Weld County Road #27 would be
landlocked.
` "'", The area from Weld County Road#27 back to the irrigation well (which is metered by
United Power) has 4 power poles and guy wires in addition to the septic tank and leach
field of the neighboring property owner which makes it undesirable for use by heavy
equipment.
A simple solution to this concern would be to place the fence on the north line of the
power line right-of-way and offering the resident a long term agreement from the
front of the property back to approximately the irrigation well.
Item #3
Noise, dust and fumes pollution:
The current proposed plan shows the two 100"x 200"buildings at an eye pleasing set
back from the property line of the resident's home, however on the existing plan as drawn
the dimensions are really only a 20' set back. This puts the building in direct line of the
bedrooms on each of the houses that will sit north of the buildings. This being the area
where the mechanics would be doing most of the work through the day and possibly late
into the nights it would cause a high level of noise pollution for the residents of both
homes in question. Noise would come from sources such as loud radios, air tools,
compressors, sledgehammers, engines and noise from the heavy equipment as it is moved
in and out of the buildings and yards. In addition this heavy equipment also emits fumes
and noise.
3
Steam cleaning operations emit fumes and yard pollution that will end up in the detention
ponds, which will ultimately pollute resident's wells.
As these properties will be used by heavy equipment and open storage, the problem of
migratory dust will become a hazard and nuisance to all the resident along Weld County
Road #27. Since there is not landscaping proposed there will be nothing to stop or slow
dust.
A suggested solution would be to have these building placed at the rear property
line and centered on the property along that line. The proposal should include noise
barriers near the residence's homes and method of dust abatement.
Item#4
Traffic:
Weld County Road #27 is a high traffic road with only one lane each direction and no
shoulder. The proposal has two separate yards owned by the same company which will
involve a high volume of traffic entering and exiting Weld County Road #27 going from
yard to yard past the front of the home at 1752 Weld County Road #27.
In addition individuals traveling between Fort Lupton and Brighton use this same road.
A great number of these individuals are seniors traveling back and forth to doctors,
hospitals and shopping, these individuals usually do not have the reflexes to stop quickly
in case they would encounter a large piece of equipment entering Weld County Road
#27.
We have witnessed numerous accidents in the past 30 years involving this exact
scenario.
Item#5
Zoning:
It is difficult to understand how an industrial entity has the ability to get a USR in an area
that has been zoned for agricultural use only. The proposed company has nothing to do
with agriculture.
Is this USR being used as a tactic to avoid higher property taxes and lower rent fees
to the railroad?
r'^
4
Item#6
Community:
This area appears to be taking on a look of all industrial and gravel pits similar to the
Commerce City district.
The industrial property in this area may look good to the county because it provides a tax
base but at what cost to residents and the community? Not all residents have large plots
of land that they can sell for industrial use. These residents are being forced out of their
homes and their property is being devaluated and landlocked. The industrial business
brings a few jobs in the county, however the owners of these business and very few of
their employees live in the community. These individuals live elsewhere taking their tax
dollars, shopping dollars and care for community pride out of the area. They do not
become neighbors to the current residents nor live where they develop and pollute. These
businesses strip families of the peaceful environment and quality of life, which they have
a right to live.
This property owner would like to offer a solution to what appears to be undesirable
circumstances. In January of 2003 a market analysis valued the home that is
�-- directly affected by this proposal at $298,480. If Mr. Shannon would purchase the
home at a fair market price it would eliminate at least one yard entrance onto Weld
County Road #27. Mr. Shannon would also have the ability to pass from yard to
yard. He would not have the inconvenience of going in and out of yards to use his
facilities to its maximum potential. This would result in less traffic on Weld County
Road #27 and reduce the potential for the chance of accidents.
➢ At the time the sellers were dividing their home from the ground to be sold the
homeowner approached them and asked if there was a possibility of purchasing
the small partial of land that the septic system sits on which is the power line
right-of-way. They explained that the county regulation would not allow another
division of the property since they had already reached the limit of recorded
exemptions.
Since that time I have spoken with the planning commissioners and they felt there would
be no problem with dividing off that small parcel and they provided me with the
paperwork and instructions on how this could be done through a boundary adjustment.
It is our hope Mr. Shannon would give this proposal serious consideration.
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS n 7HE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PU LICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER le. ALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST /AFTED'4 DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FORUse-his IN THE AGRICULTURAL ZONE DISTRICT.
Name of Person Posting Sign
Sign re of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this / day of I! , 2004.
WITNESS my hand and official seal.
-- l
fat tar)/1/717Dito--
Notary Public
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