HomeMy WebLinkAbout991674.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Wilma Pyle Case Number USR-1225
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (7 pages) X
3 History of Business X
4 Resolution for USR-928 (6 pages) (spit A90/253 - ]'L o8z X
5 Department of Planning Services field check form X
6 Field check by Planning Commissioner(2 pages) X
7 Letter to Applicant X
8 Legal Notifications (2 pages) X
9 Application (7 pages) X
10 Referral List X
11 Referral Letter X
12 Weld County Building Inspection referral received 3/18/1999 X
13 Division of Wildlife referral received 2/28/1999 X
14 West Greeley Soil Conservation Dist. referral received 3/8/1999 X
15 Town of Kersey referral received 4/6/1999 X
16 Weld County Zoning Compliance referral received 2/26/1999 X
17 Weld County Health Dept. referral received 3/25/1999 (2 pages) X
18 Weld County Public Works Dept. referral received 3/31/1999 (4 X
pages)
19 8 1/2 X 11 maps submitted by applicant(3 pages) X
20 Maps (2 pages) X
21 Easement for Ditch (4 pages) X
22 Deed X
23 Certificate of Conveyance (19 pages) X
24 Surrounding Property Owners (12 pages) X
25 Letters and Photographs from Surrounding Property Owners (16 X
pages)
26 Soil Survey (6 pages) X
j. EXHIBIT
991674
Item submitted at planning commission
I hereby certify that the 26 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office. r
•
k LA, 1
Sheri Lockman d• Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS z' d day of dril 19 If.
SEAL
Ce& ./ 4— -•--
NOTARY PUBLIC
MY COMMISSION EXPIRES /r//tB1GOL ��O p`• !"U �4�
i •
S
rrry�F•,i/gl*.•PLO,
000
`‘%of Colo:
a-z _ i
Page 1
1110€ LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1225 Hearing Date: April 20, 1999
Applicant: Wilma Pyle
Address: 29950 Weld County Road 57, Greeley, CO 80631
Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas
Support and Service (Hauling of Crude Oil) in the Agricultural Zone District.
Legal Description: Lot A RE-548 Being part of the NW4 Section 2, T5N, R64 W of the 6th
P.M., Weld County, Colorado
Location: East of and adjacent to Weld County Road 57 and south of and adjacent to Weld
County Road 62
Size of Parcel: 4.36 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance referral received 2/26/1999
• Colorado Division of Wildlife referral received 2/28/1999
• West Greeley Soil Conservation District referral received 3/8/1999
• Weld County Building Inspection referral received 3/18/1999
• Weld County Health Department referral received 3/25/1999
• Weld County Public Works Department referral received 3/30/1999
• The Town of Kersy referral received 4/6/1999
3 V
Page 2
SPECIAL REVIEW PERMIT
41)t� ADMINISTRATIVE REVIEW
COLORADO
PLANNER: S. Lockman
CASE NUMBER: USR-1225 HEARING DATE: April 20, 1999
APPLICANT: Wilma Pyle
ADDRESS: 29950 Weld County Road 57, Greeley, CO 80631
REQUEST: A Site Specific Development Plan and a Special Review Permit for Oil and Gas
Support and Service (Hauling of Crude Oil) in the Agricultural Zone District.
LEGAL DESCRIPTION: Lot A RE-548 Being part of the NW4 Section 2, T5N, R64 W of the
6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to Weld County Road 57 and south of and adjacent to Weld
County Road 62
SIZE OF PARCEL: 4.36 acres
PARCEL NUMBER: 0963 02 000028
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 24.7
of the Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as
follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County
Comprehensive Plan. A. Goal 1 allows for the preservation of prime farm ground.
Although the USDA Soil Conservation Service does designate the property as
"Prime", the parcel size prohibits it from being a viable farm.
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in
which the USE is located. Section 31.4.1 of the Weld County Zoning Ordinance
allows for Oil and Gas Support and Services in the Agricultural Zone District.
Page 3
c. Section 24.3.1.3 --The proposal is consistent with Section 24.3.1.3 of the Weld
County Zoning Ordinance, as amended and will be compatible with future
development of the surrounding area. The attached Conditions of Approval and
Development Standards will ensure that the proposal is compatible with the existing
surrounding land uses and with the future development of the surrounding area as
permitted by the existing county zoning and the Weld County Comprehensive Plan.
The surrounding land uses include rural residences, and varied agricultural uses.
d. Section 24.3.1,4 --That the USES which would 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 the COMPREHENSIVE PLAN or
MASTER PLANS of affected municipalities. The proposed site is not in the growth
boundaries of any municipality. The site is within the 3 mile referral area of the town
of Kersey. The town of Kersey found no conflicts with their interests.
e. Section 24.3.1.5 -- The proposal is not located within the Overlay District Areas
identified by maps officially adopted by Weld County.
f. Section 24.3.1.6--That if the USE is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime
agricultural land in the locational decision for the proposed USE. The lot is
designated as "irrigated land" by the USDA Soil Conservation Service.
g. Section 24.3.1.7--The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County
Zoning Ordinance, as amended), Conditions of Approval, and Development
Standards ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and county.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services's staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording the plat. The completed plat shall be
delivered to the Department of Planning Services and be ready for recording in the Weld
County Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners. (Planning Dept.)
2. Prior to recording the plat:
A. The applicant indicated the residence will be utilized as the office. The residence's
septic system shall be reviewed by a Colorado Registered Professional Engineer.
The review shall consist of an observation of the system and a technical review
Page 4
describing the systems ability to handle the proposed hydraulic load. The review
shall be submitted to the E.P.S. Division of the W.C. Health Department. In the
event the system is found to be inadequately sized or constructed the system shall
be brought into compliance with current Regulations. Evidence of Health
Department approval shall be submitted to the Weld County Planning Department.
(Health Dept.)
B. The applicant shall submit a waste handling plan to the Environmental Health
Division of the Weld County Health Department. Evidence of Health Department
approval shall be submitted to the Weld County Planning Department. The plan
shall include at a minimum, the following: (Health Dept.)
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number).
C. The Environmental Protection Services Division of the Weld County Health
Department was unable to locate septic permits for the two mobile home septic
systems. Any existing septic system(s)which is not currently permitted through the
Weld County Health Department will require an I.S.D.S. Evaluation prior to the
issuance of the required septic permit(s). In the event the system(s) is found to be
inadequate, the system(s) must be brought into compliance with current I.S.D.S.
regulations. Evidence of Health Department approval shall be submitted to the Weld
County Planning Department. (Health Dept.)
D. A detailed screening plan for the equipment storage area shall be submitted to the
Department of Planning Services for review and approval. This screening plan shall
include screening along all public rights of way and all adjacent properties. The
screening on the North side of the property shall be placed south of the drain tile
easement to avoid damage to the existing tile. The approved plan shall be
delineated on the plat map. (Planning Dept.)
E. The applicant shall submit an on-site improvements agreement and performance
guarantee which addresses screening. (Planning Dept.)
F. The applicant shall submit evidence of legal access from Weld County Road 62. If
evidence cannot be obtained the applicant shall: (Planning Dept.)
1) Amend the plat to show access from Weld County Road 57 only.
2) Submit evidence to the Weld County Planning Department that the access
from Weld County Road 62 has been removed to the satisfaction of the
Weld County Public Works Department.
7, ' ;_/
Page 5
G. The applicant shall submit evidence to the Weld County Planning Department that
the existing fifth wheel trailer and camper trailer have been attached to a legal water
supply. (Planning Dept.)
H. The applicant shall submit evidence that the occupants of the trailers are principally
employed at or engaged in the operation on the subject property. The evidence shall
consist of tax records, employment agreements or other documentation as
determined suitable by the Department of Planning Services. (Planning Dept.)
3. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Planning)
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILMA PYLE
USR-1225
1. The Site Specific Development Plan and Special Use Permit for Oil and Gas Support and
Service (Hauling of Crude Oil) in the A (Agricultural) zone district, as indicated in the
application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon. (Planning Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Planning Dept.)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-101, C.R.S., as amended) shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Health Dept.)
4. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Dept.)
6. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) as
measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.)
7. Adequate toilet facilities shall be provided for the employees. (Health Dept.)
8. The facility shall utilize the existing public water supply (North Weld Water District). (Health
Dept.)
9. All derelict vehicles located on the property must be in running condition with current license
plates, or be screened from all adjacent properties and public rights-of-way, or be removed
from the property. The property is in violation of the Weld County Zoning Ordinance. The
applicant shall schedule a final inspection with Sharyn Frazer, Weld County Zoning
Compliance Officer and submit a copy of the closure letter indicating compliance with the
Weld County Zoning Ordinance. (Planning Dept.)
10. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning Dept.)
11. The screening on site shall be maintained in accordance with the approved screening plan.
(Planning Dept.)
12. No crude oil shall be stored on the site. (Planning Dept.)
e,? 7,J
Page 7
13. Hours of operations shall be from 5:30 a.m. to 6:00 p.m. as indicated in application
materials. This restriction shall not apply to operation of administrative offices. (Planning
Dept.)
14. A dust suppressant approved by the Weld County Public Work Department shall be placed
throughout the circulation pattern a minimum of two (2) times per year or more frequently
if needed. (Public Works)
15. Storage and parking of semi trucks on the lot shall be limited to those operated or owned
by the applicant. (Planning Dept.)
16. Occupants of the trailers must be principally employed at or engaged in the operation on the
subject property. (Planning Dept.)
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended.
19. Personnel from the Weld County Health Department and Weld County Planning
Department 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 Development Standards
stated herein and all applicable Weld County Regulations.
20. The 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 Planning Commission 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.
21. 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.
The following is a chronological history of the business run by the applicant.
April 18, 1990 A zoning violation notice was sent to David and Wilma Pyle for a property
located in the W2 SE4 of Section 17, T4N, R65W of the 6th P.M., Weld
County, CO. The violation was for running a business that was not a use
by right in the Agricultural Zone District. (VI-1532)
May 31, 1990 A Resolution authorizing the Weld County Attorney to proceed with legal
action for violations of the Weld County Building Code and Zoning
Ordinance was granted by the Board of County Commissioners.
September 23, 1990 An application was received for a Site Specific Development Plan and a
Special Review Permit for Oil and Gas Support and Service in the
Agricultural Zone District. (USR-928)
December 19, 1990 USR-928 was approved by the Weld County Board of County
Commissioners.
June 21, 1991 VI-1532 was closed after the screening plan for USR-928 was completed.
July 13, 1994 USR-928 was vacated after the Pyle's sold the property.
May 17, 1995 A deed was recorded showing the Pyle's purchase of Lot A RE-548. This
is the proposed site of USR-1225.
November 9, 1998 A zoning violation notice was sent to David and Wilma Pyle for Lot A of
RE-548. The violation was for running a business that was not a use by
right in the Agricultural Zone District. (VI-9800184)
February 19, 1999 An application was received for a a Site Specific Development Plan and a
Special Review Permit for Oil and Gas Support and Service in the
Agricultural Zone District. (USR-1225)
44
\vei County planning DeWeld County Referral
WIID €
MAR 17 1999 February 25, 1999
COLORADO RECEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant Wilma Pyle Case Number USR-1225
Please Reply By March 18, 1999 Planner Sheri Lockman
Project A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (Hauling of Crude Oil) in the Agricultural Zone District.
Legal Lot A of RE-548 Being Part of the NW4 of Section 2, T5N. R64W of the 6th P.M.,
Weld County, Colorado.
3
Location East of and adjacent to Weld County Road 57 and south of and adjacent to Weld
County Road 62.
•
Parcel Number 0963 02 000028
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration 10 your recommendation. Any response not received before or nn this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application please call the Planner associated with the request
Weld County Planning Commission Hearing (if applicable) April 20, 1999
❑ We have reviewed the request and find that it does/does not comply with ow Comprehensive Plan
Er-We have reviewed the request and find no conflicts with our interests.
U See attached letter
Comments'--ph/.5 BQtINS/S 10e4-77_) -ro ee Cufl vJrcy opeg,44-70Amt.
?f 6 coot]) 96 A 5R r7 1$53/49 tea- to olV 7716 LAe6Fr
ACGS55,iu4 F9lcit-syy.
Signature Date 3/I L/f 9
Agency ,C, mthaei
•:-Weld County Planning Dept •-1400 N. i ith Ave.Greeley, CO. 80631 +(570)353.6100 ext.3540 •1.19701 352-6
EXHIBIT
FIELD CHECK
FILING NUMBER: USR-1225 DATE OF INSPECTION: 3 /t4!Y9
APPLICANTS NAME: Wilma Pyle
PLANNER: Sheri Lockman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and
Service (Hauling of Crude Oil) in the Agricultural Zone District.
LEGAL DESCRIPTION: Lot A of RE-548 Being Part of the NW4 of Section 2, T5N, R64W of the 6th P.M.,
Weld County, Colorado.
LOCATION: East F.O. and adjacent to Weld County Road 57 and south of and adjacent to Weld County
Road 62.
LAND USE:
N \VC‘COvrt."0 C t-1 p w•ttk WoosE Vet e Noivn+
E - c,4¢vh
s Pout,V w-- 'T kct-. C4u7-)P
W \�uU'pe WIT* Co\ZA-rkl4 L -Oro P1,65
ZONING: N A (Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
7.1.1\5 }\paL G oPet-13M O1%1 kkPc *P -co SE cu
:5
bYE1-tKlor i P-4.- & tut Loc- f �1 a-
o o +7 -w ri• Gurr0.
owe La-RGe MEz\'a1. Daoe 6 s-rnin‘- POu,�o1N(\ X.-Ccaa--G-n 01.3
T3-.5 ?cured-101. S T1-ki 'C'+4-e2c CoJW 3-E- r4- S•Acert LSc uE
Lovn-4 114CsE LA-fuse 'ta r-ert. Thus--c Act-Er-AitOc? c NA,'W-ow
��Nc 't-,)A.0 S M-wtJD -rat 5 TA cm.pry.
P.G. Member
a DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, E632
FAX (9(970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
WI C.
COLORADO
February 25, 1999
Wilma Pyle
29950 WCR 57
Greeley, CO 80631
Subject: USR-1225 - Request for a A Site Specific Development Plan and Use by Special Review Permit
for Oil and Gas Support and Service (Hauling of Crude Oil) in the Agricultural Zone District on a
parcel of land described as Lot A of RE-548 Being Part of the NW4 of Section 2. T5N, R64W of
the 6th P.M., Weld County, Colorado.
Dear Wilma Pyle:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for April 20, 1999, at 1:30 p.m. This meeting will take
place in Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street,
Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any
questions the Planning Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality
Therefore, our office has forwarded a copy of the submitted materials to the Town of Kersey Planning
Commission for its review and comments Please call the Town of Kersey at(970)353-1681 for further details
regarding the date, time, and place of this meeting It is recommended that you and/or a representative be
in attendance at the Town of Kersey Planning Commission meeting to answer any questions the Commission
members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly
maintained road right-of-way, one sign will be posted in the most prominent place on the property and a
second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road
right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission This recommendation will be available twenty-four (24) hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office
before the Planning Commission hearing to make arrangements to obtain the recommendation
If you have any questions concerning this matter, please call_
Respectfully,
GGi( �PrZkLC2K EXHIBIT
Sheri Lockman
Planner 7
FIELD CHECK inspection date: March 19, 1999
CASE NUMBER: USR-1225
APPLICANT: Wilma Pyle
LEGAL DESCRIPTION: Lot A RE-548 being Part of NW4 of Section 2, T5N,
R64W of the 6th P.M., Weld County, CO.
LOCATION: East of and adjacent to Weld County Road 57 and south of and adjacent
to Weld County Road 62
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural / Residential
W A (Agricultural) W Agricultural / Residential
COMMENTS: Access exist off of WCR 62. Looks like a ditch not a pipeline.
Home in close proximity on the south side of the property has no screening or
buffering from truck parking. One car that looks like it should be screened. The
fifth wheel trailer and travel trader are not attatched to any utilities other than a
propane tank.
(7t)Okidtafil
Sheri Lockman, Planner
5E
Hello