HomeMy WebLinkAbout990680.tiff .EPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 - Fax#(970) 353-6312
APPLICATION FOR RECORDED EXEMPTION
Application Fee 990 C'O Receipt Number _ Case Number '2 -�3(:)Z
Recording Fee I) 'D ceipt Number Zoning District A-
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except Tor'rdgtfi �
d sigrtiallt S).
l (we), the undersigned hereby request that the following described prowtyr.bA c.e ted a recorded
exemption by the Weld County Board of County Commissioners. Ul,II
Legal Description: N 60 Ac. SW'n— 32,T5N,R65W Total Agtgeg•Corgiffq
r 9 6 1 3 2 3 0 0 0 2 1 (12 digit number - found on Tax I.u. ormation or
Parcel Number: 0 g
obtained at the Assessor's Office).
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes No X
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes X No
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes No X ; Airport: Yes No X ; Geological Hazard: Yes __ No X
FEE OWNERS OF PROPERTY
Name:Terra Holdings, LLC Home Phone# Work Phone# 353-0982
Address: P.O. Box 367 City/State/Zip Code Greeley, CO 80632
Applicant or Authorized Agent: Wayne Howard Phone # 353--0982
Address: 22577 WCR 643,,.,),)
#jj1) City/State/Zip Code Greeley, CO 80631
e: Home Phone# Work Phone#
Address: City/State/Zip Code
Larger Parcel Smaller Parcel Smaller Parcel
Applicable only for 3-lot
Recorded Exemption
Water Source CWCWD TAP DOMESTIC WELL
Type of Sewer Septic Septic
Proposed Use Agricultural Industrial(SUP)
Acreage 55.0± 5.0±
Existing Dwellings YES
Yes or No NO
Existing Dwellings Address (if applicable):
Larger Parcel N/A Smaller Parcel 24300 WCR 39, LaSalle,
Smaller Parcel (applicable only for 3-lot Recorded Exemption)
I hereby state that all statements, proposals, or plans submitted with this application are true and correct
the best of my knowledge. ,4(----Rev: 1-27-97 Sig at e: Owner or Authorized A en
5 990680
RECORDED EXEMPTION QUESTIONAIRE
North 60 acres of the SW''A Section 32, T5N, R65W
1)a) Domestic Use: The smaller parcel currently has a domestic well, Permit#140236. The
larger parcel currently has a CWCWD tap.
b) Irrigation Water: Both parcels have an adjudicated irrigation well that pumps 1225 GPM.
This will supply adequate irrigation water for both parcels. There are no surface water
rights associated with either parcel.
2) The smaller parcel currently has building improvements consisting of two mobile homes,
shed and miscellaneous support buildings and a few corrals. The smaller parcel currently
has two separate septic systems that are in good condition and currently in use. Soil types
for both parcels will adequately support septic systems as required by the Weld County
Health Department.
3) The property is currently being operated as a flood irrigated farm and livestock operation. It
consists of approximately 55 acres of prime farmland and 5 acres of non-prime farmland
as defined by the Weld County Comprehensive Plan. The property is irrigated by an
adjudicated irrigation well with cement irrigation ditches. The property has two natural gas
wells along with a production battery site.
4) The owner wishes to sell building improvements and approximately 5 acres to reduce debt
and maximize highest and best use of both parcels. The purchaser of the smaller parcel is
making a concurrent application for a special use permit. Since the total property is in the
economic development zone designated by the town of LaSalle for light industrial use, the
balance of the property, or Lot B will very likely be annexed to the town of LaSalle.
5) The subject parcels are located adjacent to the LaSalle City Limit just east of the Union
Pacific Rail Road ROW on WCR 39. The smaller parcel will be approximately 5.0 acres and
the larger parcel approximately 55 acres. The area in which the new parcels will be created
are predominately small rural irrigated farms and tracts from 5-40 acres with some small
rural residential 5-10 acre tracts adjacent to the subject.
6) There are no unique physical characteristics on the site that need to be addressed, except that
the property is in the natural area of expansion for the town of LaSalle.
7) The existing structures on the smaller parcel meets the minimum setback requirements for the
agricultural zone district. The larger parcel has no improvements and therefore can be
required to meet current setback requirements when and if future development occurs.
8) Because of time constraints and potential financial consequences,the owner does not wish to
pursue a conservation easement at this time.
9) There will not be a building envelope designated on either parcel since the larger parcel will
likely be annexed to the town of LaSalle. The smaller parcel will not take any prime
agricultural land out of agricultural production.
10) The proposed uses of both parcels will be compatible with existing surrounding land uses.
The smaller parcel is in process of a special use permit and will be used as light industrial oil
field service business. The larger parcel will be annexed to the town of LaSalle for light
industrial use.
11) The proposed partitioning of the property is consistent with the intent of the agricultural
district as expressed in the amended Weld County Zoning Ordinance, and the Weld County
Comprehensive Plan. One parcel will remain zoned agriculture and will allow utilization of
each parcels highest and best use after the special use permit is obtained.
12) The proposed partitioning of the property is consistent with efficient and orderly
development as defined in the Weld County Subdivision Ordinance, Section 1.3. It will not
create any known hazards or environmental problems to the community.
13) The proposal is consistent with the efficient and orderly development as defined in the Weld
County Subdivision Ordinance, Section 1.3 and will assist in the ultimate and orderly
integrated development of the property for the residents of both Weld County and the City of
LaSalle. The subdivision of the land will enable and enhance a higher use of the land for
both the county and the adjacent city.
DEPARTMENT u PLANNING SERVICES
KittW01d CoUnly Admini578t1ve Offices
1400 N. 17th Avenue
Greeley, CO 80631
>� IDe �,I I I o(R Pax(970) 3 -6312
COLORADO Yp(�cC Zf t'JJV�
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CERTIFICATE OF COMPLIANCE _. Case Number-CC-98-
t- tC. . er'i" r' '
MANUFACTURED HOME OR MOBILE HOMEPlanner ,
AS A TEMPORARY ACCESSORY USE AS AN OFFICE I Date (It i? erg
I hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the
below stated information Is true and correct to the best of my understanding and belief.
1. A zoning permit for more than one manufactured home or mobile'horne as an accessory office unit in the"A'
Agricultural Zone District may be issued only upon approval by the Board of County Commissioners.
Further, I, the undersigned, meet the followinb conditions which are required to be eligible for this permit
i
2. The manufactured home or mobile home used as an accessory office is necessary for the effective and
economic operation of the principal use;
i
Please state the reason(s)which show that the manufactured home or mobile home as an accessory office unit
is necessary for the effective and economic operation of the agricultural use.
(�Czee Cu Ant w1 D2y -pc Jrc r6-, Loo A!c
2. The manufactured home or mobile home used as an accessory office will not be used ter residential purposes;
3. Adequate water and sewage disposal facilities are available to the manufactured home or mobile home;
4. No reasonable alternative is available for an office use, and '
5. The manufactured home or mobile home as an accessory office unit is not the first dwelling unit on the parcel
of land.
I
6. AI!zoning permits for manufactured homes or mobile homes used as en accessory office are temporary. SLch
permits shall automatically expire and the manufactured home or mobile home shall be removed upon the
cessation of the use of the manufactured home or mobile home as an accessory office.
All manufactured homes used as an accessory office an temporary_ The manufactured home shall be removed from
the property upon the cessation of the use of the manufactured home as an accessory office use. (Weld County
Zoning Ordinance 462.5.4).
COUNTY OF WELD
STATE OF COLORADO ' _
-
Property address/: 04-3000�
( f�C,(L 3 Legal description: i c�r4 J L
PrintName= AtiDY 'PEie?Sot-) Signature ifeky P `— I' ^^ '/P
,ice ` i et L7
Subscribed and sworn to before me this / _day of i IL ) \_19— �-
�V Wit( ull.v.cam. Q-4-i-iji-.- v—
Notary Pubicd
My commission expires_
I to w� —a3- I
TOO we ..
TERRA �i;WEST
REAL ESTATE SERVICES INC. P.O. Box 367
Greeley, CO 80632
Tel: 970-353-0982
February 24, 1999 Weld County Planning Dept. Pax: 970-353-4042
Ms Monica Daniels-Mika, Director FEB 25 1999
Department of Planning Services RECEIVED
1400 N. 17th Avenue
Greeley, CO 80631
RE: Recorded Exemption Application for Terra Holdings, LLC
Dear Monic:
I am writing this letter to request your personal reconsideration of a current staff decision
to with hold approval and process of the above referenced recorded exemption until the
associated Use by Special Review application of Lightning Wireline, Inc. is approved.
As you can verify from your file,this situation has continued for many months, much to
our mutual disappointment. I would like to give you a very brief and shortened version
of the chain of events that has brought us to this point, for your background information
only. Realizing that you and your staff do not know me personally, I understand that you
have no way of knowing what our motivations, reputations or even what kind of integrity
we have. It has certainly never been either Andy Peterson's, (Lightening Wireline) or my
intention to have this process drag out so long or to in any way attempt to circumvent,
avoid or disregard the Weld County Planning Rules and Regulations. If I knew a year
ago what I know now, I would not have relied on the advice and word of a couple of
attorney's and surveyor in this complicated situation.
I had previously consulted with Shani on this property about several possibilities. When
some of those possibilities did not materialize, we negotiated a contract for sale with
Lightening Wireline subject to an RE approval. I had explained the process to Andy at
that time and advised him to confirm the process and any questions he had with Shani.
He did and we proceeded. He understood fully that he had to have a special use permit. I
ordered the survey on the property from McRae and Short because they had done some
previous work on the property locating oil wells and ditches for planning purposes. They
discovered that the boundary fence was not on line and that there could be a potential
dispute in the future over a couple of related boundary issues. Because the buyer was
not in any hurry I told them that I thought it best for all concerned to resolve that issue
first. The buyer agreed. The boundary line dispute could not be resolved quickly
because the other owner was very ill and delays continued. Eventually the other party
died and the boundary issue was referred to his son who is an attorney in Cheyenne, WY.
Need I say more? After numerous phone calls, additional survey's to satisfy the attorney,
the attorney agreed to proceed with mutual Quit Claim Deeds to correct the boundary
survey between the properties. Assuming that things were now on track we tried to allow
a few extra months for any other unforeseen things to happen and set new closing dates
allowing for appropriate time for the RE to be completed. It was our intention that Andy
would make application for his Special Use Permit after he had acquired title. Andy gave
notice to his present landlords and we proceeded with completion of the RE. After a
couple of more months of frustration from the WY attorney, and for totally unexplained
reasons to both my attorney and the title company, the Wyoming lawyer refused to
complete the Quit Claim Deeds because of mineral right concerns, so he said. So now
my attorney advised me to survey the property with the existing fence line as the
boundary for the purposes of the RE. In the mean time, Andy had to move his trucks and
business because his lease had expired, and he didn't have a place to go with them. I
leased him the property so that he could have legal possession of the property until
closing. We just wanted to get the RE done so that Andy could deal with the SUP.
However, after the RE was submitted, Eric found that the property was out of
compliance,nothing serious but never the less the cart before the horse. At that time Eric
informed me that the RE would not be processed until the Special Use Permit was
submitted. Although disappointed we understood the rules and proceeded with that
process which required the buyer to have the property surveyed again and all existing
structures located and plotted. After finally getting all the necessary requirements for
application completed and assembled,the application was submitted last week. (The
major delay in getting the application was caused by delays from the surveyor completing
the plat) Because of so many unforeseen and unexpected events,there has been a few
things done out of order or prematurely,but none with intent to circumvent the rules.
The buyer has a very legitimate business and wants his property and business to be in
legal compliance with the Special Use Permit process. He is anxious to see this process
completed to your satisfaction. Because of our previous understanding that the RE would
be processed upon application of the Special Use permit, other arrangements for loan
closings and other related property closings have been scheduled that relate to this
closing late in March and early April, 1999. If the RE application process is now stopped
or delayed further, it will have a very costly effect to other innocent parties. The buyer
understands his responsibility and will agree in writing to voluntarily cease and desist his
operations if the application for special use is denied. From all indications we feel that
the SUP is 99% sure. It would appear to us to be no different than if the RE was
previously approved and then he started the business without a special use permit. He
would still be required to obtain a permit or cease and desist operations. It is our
understanding that you now clearly have that authority to enforce. The only reason that
this situation has got to this point, is not because we have been trying to avoid the rules
and regulations but because many unforeseen circumstances which prevented their
orderly accomplishment. Is there any agreement that I can make with you in regard to
my property that would insure the satisfactory completion of the SUP application!
I will not appeal the staff decision to the board to circumvent your authority, but I would
very much appreciate your special consideration of this matter because of the many
unusual circumstances. I would welcome the opportunity to answer any questions you
may have in more detail, and try to negotiate a more suitable conclusion to this situation
for all concerned. Thanking you in advance for you consideration.
Sincerely,
rtchtli;•::.
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 352-6312
III I Ill C.
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
January 21, 1999
Wayne and Kris Howard Andy Peterson-Tenant
22577 Weld County Road 64-1/2 24300 WCR 39
Greeley, CO 80631 LaSalle, CO 80645
Subject: VI-9800205, The SW4 of Section 32, T5N, R65W of the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Howard and Mr. Peterson:
The uses on the above described property are being considered as a zoning violation of Sections 31.231.4.1, and
43 of the Weld County Zoning Ordinance. After speaking with Mr. Wayne Howard late in December, 1998, it
was determined that Mr. Peterson would submit the application for a USR as quickly as possible. The application
has not been received by the Department of Planning, to date.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we
have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from January 21,
1999, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before
the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office
for legal action.
Any information you have that may help to resolve this matter will be helpful. This office is ready to be of any
assistance in clarifying or answering questions concerning this matter. Please contact me at the above address
or telephone number.
ncerely,i ,
Sharyn F zer, ACED
Code Compliance Officer
pc: VI-9800205
Eric Jerman, Planner
SERVICE,TEAMWORK,INTEGRITY,QUALITY
a
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
WI
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
C. Fax: (970) 352-6312
COLORADO
December 16, 1998
Wayne and Kris Howard Andy Peterson -Tenant
22577 Weld County Road 64-1/2 24300 Weld County Road 39
Greeley, CO 80631 LaSalle, CO 80645
Subject: VI-9800205, The SW4 of Section 32, T5N, R65W of the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Howard:
It has come to the attention of the Department of Planning Services' staff that the uses on your property (24300
Weld County Road 39) may not be in compliance with the Weld County Zoning Ordinance. The potential
noncompliance with the zoning ordinance is the operation of a commercial oil-support business, including
employees living on site in two mobile homes and the third mobile home being operated as an office. This type
of operation occurring in the A (Agricultural) zone district requires a Use by Special Review. I have included a
copy of the application materials for your review.
•
Please call me within five working days of the date of this letter to review these concerns with me.
erely,
Sharyn Fra r, ACED
Code Compliance Officer
pc: VI-9800205
Eric Jerman, Planner
SLR VICE,TEAMWORK,INTEGRITY,QUA I.ITY
11/25/98 07:29 FAX 9708694077 PEM-LWI-RAM-WWS raiO2
7 LIGHTNING WIRELINE, INC.
P.O. BOX 1531 • LOVELAND, COLORADO 80539 • 970-669-8059 • FAX 970-669-4077
November 24, 1998
Mr. Eric Jerman
Weld County Department of Planning Services
1400 N. 17"'Avenue
Greeley, Co 80631
RE: 24300 WCR 39
LaSalle, Co 80645
Dear Mr. Jerman:
You have asked that I detail our plans for the subject property in the event we are able to
purchase it from Terra Holdings, LLC.
Lightning Wireline, Inc., provides oilfield wireline service to independent oil companies in
the area. We have been in business five years. We employ seven people and have two
one-ton wireline trucks. two swab rigs (small self-propelled units), one semi-tractor haul
truck, a Caterpillar tractor, plus several trailers and associated equipment. We propose
to use the property for a yard in which to store equipment and from which to dispatch
trucks_ Anticipated traffic at the site consists of employees arriving in the morning, driving
trucks out to job sites, retuming in the evening. No major fabrication, assembly or
customer traffic will occur. Nighttime and weekend operations will be rare.
The property has two existing mobile homes, currently occupied by our employees_ We
moved in a third unoccupied trailer to be used as office space, for which a building permit
application is pending. A 36' x 64' shed is located on the property, currently used for
parts and equipment storage. We do not anticipate additional building at this time, aside
from security fencing and lighting. Horse corrals and pens still exist at the site, but we do
not anticipate having any animals on the property_ Water is provided by a 50 gpm well,
permitted & approved. Sewage is permitted & approved septic on the two occupied
trailers.
The surrounding area is currently alfalfa hay ground on two sides and railroad switching
yard on the other two sides. The Union Pacific main rail line is on the west side of the
property. The property abuts a municipal area and is located within the Weld County
Urban Growth Boundary. We feel that our use of the property can therefore be
consistent with Weld County A district zoning ordinances and the Comprehensive Plan.
As light industrial growth moves out of LaSalle towards the property, we feel that our
relatively low impact operation could conceivably be less objectionable to surrounding
11/25/98 06:29 TX/RX N0.3521 P.002
11/25/98 07:23 FAX 9706894077 PEN-LWI-RAM-WWS II 03
Mr. Eric Jerman
November 23, 1998
Page 2
occupants than the horse facility this property was previously used for, in terms of noise,
dust and odor.
We have not previously applied for a Use by Special Review as we are still somewhat
unsure if Terra Holdings can work out several boundary related issues, and consequently
do not know for sure that we will be able to purchase the property.
Please advise when we may provide further information.
Sincerely,
hvgiAt
Andy Peterson
President
/asp
cc: Terra Holdings, LLC
11/25/98 06:29 TX/RX NO.3521 P.003
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