HomeMy WebLinkAbout20191367.tiffRESOLUTION
RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1388 - ROBERT
AND JANET WILEY
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, by Resolution dated July 31, 2002, the Board approved Use by Special
Review Permit, USR-1388, for a Site Specific Development Plan and Use by Special Review
Permit for a Use permitted as a Use by Right in the Commercial or Industrial Zone Districts
(trucking company) in the A (Agricultural) Zone District, for Edward and Deloris Wolfe/Robert and
Janet Wiley on the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -2310; being part
of the S1/2 NW1/4 of Section 16, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from Robert and Janet Wiley,
3542 County Road 29, Fort Lupton, Colorado 80621, to vacate said Use by Special Review
Permit, USR-1388, 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 recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Use by Special Review Permit, USR-1388 be, and hereby is, vacated.
4480709 Pages: 1 of 2
04/12/2019 11:11 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII I���N�4 �;Ir�G'I�� 4 JIti'rk#�tN�L�l9 r!�'�141 ti'lil 11111
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2019-1367
PL1617
VACATE USR-1388 — ROBERT AND JANET WILEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLODO
ATTEST: datitet) ai••J _;IA.
Weld County Clerk to the Board
ounty Attorney
Date of signature: 1-kiikilq
4480709 Pages: 2 of 2
04/12/2019 11:11 AM R Fee:$0.00
Carly Koppes, Clerk and ill:Ur
Weld County, CO
A�14Rti+G 11111
arbara Kirkmeyer, CJhair
Mike Freeman, Pro-Tem
Sea P. Conway
2019-1367
PL1617
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Maxwell Nader, Planner
SUBJECT: Vacation of USR-1388
HEARING DATE: April 8, 2019
APPLICANT: Robert L & Janet Sue Wiley
REPRESENTATIVE: Tammy Ellerman
LEGAL DESCRIPTION: Lot B of Recorded Exemption RE -2310; being a part of the S2NW4 of Section 16,
T1 N, R66W of the 6th P.M., Weld County, CO
LOCATION: West of and adjacent to CR 13; approximately a third of a mile north of CR 34
PARCEL NUMBERS: 1471-16-0-00-045
PARCEL SIZE: +/- 73.71 acres
ZONE DISTRICT: A (Agricultural)
NARRATIVE: The applicants have been administratively approved on February 21, 2019 for a Two -Lot
Recorded Exemption RECX18-0168 located on Lot B of Recorded Exemption RE -2310.
RECX18-0168 included the following Condition of Approval:
3.A. " There is a Use by Special Review Permit USR-1388 Reception #2981971, for a Trucking Company in
the A (Agricultural) Zone District. This USR encompasses portions of both proposed Lot A and Lot B.
The applicant shall address the continued operation of USR -1388 and which lot(s) it is to be associated
with. If the applicant wants to remove any of the lots from USR-1388, a partial vacation or complete
vacation should be done prior to recording the Recorded Exemption plat."
Robert L & Janet Sue Wiley proceeded to request a complete vacation of USR-1388 on Lot B of Recorded
Exemption RE -2310. The vacation request letter, dated and submitted on April 2, 2019 is attached to the
memorandum.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
If approved, the BOCC Resolution will satisfy condition 3.A of the RECX18-0168 administrative review and the
RECX18-0168 plat may proceed with recording.
2019-1367
Vacation of USR-1388 I Wiley
Page 1 of 1
Janet & Robert Wiley
3542 County Road 29
Fort Lupton, CO 80621
March 27, 2019
Maxwell Nader
Planner 1
Weld County
1555 N. 17th Ave.
Greeley, CO 80631
Dear Maxwell Nader:
This letter is to inform you that we wish to vacate our USR-1388.
Sincerely,
JWCle.y
2 o-b-eArt W icy
Janet & Robert Wiley
tan
COUNTY ROAD
4 g VIII IIIIIIIIIIIIII11111IIIIII11111IIII
IIry11111IIII,10,77
L A
0,4
FELIX & LINDA J. ZAMORA
NORTH 1/16 CORNER
BTWN. SECTIONS 16 & 17.
589'4B'38"w
CONTAINS 5.518 ACRES
DONALD M. & DEBORAH K. SMITH
7
5F
WATER
HYDRANT
PROPOSED
TREES
SBBE
339.87
ACM.LOG.h
ACM.'
G' 175"'.1 Mg
-•:.Th-30.`mono Foo
30' -I t r"""/
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2
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IS
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494' +/—
494.14
N89'48'38"E
S
APPROX. LOC.
SPRINKLER
�/ PIVOT
IRRIGATION
PIPE
2632.07
2137.86
C -N 1/16 COR.
SECTION 16.
LOT B
SOP37'DO"E
31.65
5B4'34'36"E
154.90
k
'*;(,ti9
CONTAINS: 73.790 ACRES
MORE OR LESS
N89'57'28"E
SCOTT J. & NA LEE MC ALMOND
N89'57'28"E
JASPER W. & LEEANN RIGGINS
WEST 1/4 CORNER
SECTION 16.
2629.92
CENTER
SECTION 16.
3
O
USE BY SPECIAL REVIEW USR-1388
A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 16,
TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO.
SITE SPECIFIC DEVELOPMENT PLAN
EDWARDCANT DELORIS WOLFED/ ROBERTNANDTJANET WILEY
USR $1388 yy
PERMITTESSI ASSU USE(CBYERGHOT IN THE COMMERCIRLEOH MOUSTRIAAL LEVIEW ZONE DISSTRPERMIT
CY53((BTRIF UCKFOR
A USE
FILE AND SUBJECT TOATHE DEVELOPMENT STANDAIRDSAST TEDAHEREONTHE APPLICATION MATERIAL ON
2. TAPPROFNT V COHP OF THIS
CODE.
MAY CREATE A VESTED PROPERTY RIGHT PURSUANT TO SECTION 23-8-10
3. ALL LIQUID_ AND SOLID WASTES, AS DEEMED IN THE SOLID WASTES DISPOSAL SITES AND FACILITIES
ACT, SEC-
.. D AND REMOVED FOR FINAL DISPOSAL N A MANNER
INST SURFACE ANDGROUNDWATER 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
WSAS WASDISPOSAL
E MATERIALTSS SHAD LL BE (HANDLED STORED10AND OISBOSEDSINCA MANNER THAT CONTROLS FUGITIVE
OUST, BLOWING DEBRIS, AND OTHER POTENTIAL NUISANCE CONDITIONS.
N. FUGITIVE DUST SHALL BE CONTROLLED ON THIS SITE.
7. THE FACILITY SHALL ADHERE TO THE MAXIMUM PERMISSIBLE NOISE LEVELS ALLOWED IN THE
COMMERCIAL ZONE DISTRICT AS DELINEATED IN SECTION 25-12-10], C.R.S.
B. THE APPLICANT SHALL OPERATE IN ACCORDANCE WITH THE APPROVED "WASTE HANDLING PLAN.'
FACILITY�UATE HAND WASHING AND TOILET FACILITIES SHALL BE PROVIDED FOR THE EMPLOYEES OF THE
10. ANY SEPTIC SYSTEM LOCATED ON THE PROPERTY MUST COMPLY WITH ALL THE PROVISIONS OF THE WELD
COUNTY COOL, PERTAINING TO THE 1.5.D.5. REGULATIONS.
11. A PERMANENT ADEQUATE WATER SUPPLY SHALL RE PROVIDED FOR DRINKING AND SANITARY PUROPSES.
12. IF APPLCABL�, TIE APPLICANT SHALL OBTAIN A STORM WATER DISCHARGE PERMIT FROM THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMEtt{{T WATER CAALITY CONTROL N.
13. ANY EQUIPMENT OR VEHICLE WASHING AREA(SN SHALL CAPTURE ALL EFFLUENT AND PREVENT DISCHARGES
FROM THE WASHING OF EQUIPMENT AND VEHICLES IN ACCORDANCE WITH THE WELD COUNTY CODE. THE
RULES AND REGULATIONS OF THE WATER QUALITY CONTROL COMMISSION. AND THE ENVIRONMENTAL
PROTECTION AGENCY.
14. OFF-STREET PARKING SPACES, INCLUDING THE ACCESS DRIVE SHALL BE SURFACES WITH GRAVEL, ASPHALT.
CONCRETE. OR THE EQUIVALENT AND SHALL BE GRADED TO PREVENT DRAINAGE PROBLEMS.
15. THE AGE OF JAKE BRAKES SHALL NOT BE ALLOWED ON WELD COUNTY ROAD 29 OR AT THE INTERSECTION
OF WELD COO
18. NO PARK
PARKING
7. AL
FROM AI
18. TH
19. TH
STAGING OF TRUCKS SHALL BE ALLOWED ON WELD COUNTY ROAD 29. UTILIZE ON -SITE
"E OF TRUCKS SHALL BE PERFORMED WITHIN THE SHOP OR IN AN AREA THAT IS SCREENED
GERTIES.
1 OF TRUCKS ASSOCIATED WITH THE BUSINESS SHALL NOT EXCEED FIVE S).
M NUMBER OF EMPLOYEES SHALL BE FIVE (5). THIS DOES NOT INCLUDE E OWNERS OF
THE PROPERTY.
20. THE HOURS OF OPERATION SHALL BE FROM 6:00 A.M. TO 5:00 P.M., MONDAY THROUGH SATURDAY.
HOURS OF OPERATION MAY BE EXTENDED WITH SPECIFIC PERMISSION FROM THE WELD COUNTY BOARD
OF COMMISSIONERS.
21. STORAGE AND PARKING OF TRUCKS ON THE PARCEL SHALL BE LIMITED TO THOSE OPERATED OR OWNED BY
WILEY TRUCKING.
22. THE LANDSCAPING ON SITE SHALL IT MAILL N T IN ACCORDANCE WITH THE APPROVED LANDSCAPE PLAN.
23._ THE_USE BY SPECIAL _REVIAN PERMIT SHALL ATE AU TRANSFERABLE ON COY SUCCESSORS E INTEREST
AND SHALL TERMINATE AUTOMATICALLY UPON CONVEYANCE OR LEASE OF
OPERATION
SW LLB E RESPONSIBLE FOR COMPLYING WITH THE DESIGN
ODE
SIBLE FOR COMPLYING WITH THE OPERATION
THE PROPERTY
24. THE PROPERT
STANDARDS OF SECTION
ST. THE PROPERTY OW
STANDARDS OF SECTION 23
26. PERSONNEL
EL
TERVICEO, AND PEEL
TIME IN ORDER TO EN
DEVELOPME
27. THE USE
BY THE FO
APPLICABLE WEL
CHANGES FROM THE PLANS OR DEVELOPMENT STANDARDS
APPROVAL OF AN AMENDMENT OF THE PERMIT BY THE
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.
28. 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 TIE BOARD OF COUNTY COMMISSIONERS.
29. NO ON -SITE STORAGE OF HAULED MATERIALS RELATED TO THE TRUCKING BUSINESS IS ALLOWED.
SOIL CLASSIFICATION LEGEND:
(ACCORDING TO THE U.S. DEPARTMENT OF AGRICULTURE, SOIL
CONSERVATION SERVICE, THE FOLLOWING SOILS ARE PRESENT
ON THIS SITE IN SECTION 16, TOWNSHIP 1 NORTH, RANGE
66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO.)
ENTIRELY':
(76) VONA SANDY LOAM, 1 TO 3 PERCENT SLOPES.
VICINITY MAP
SCALE: 1" - 2000'
HEREON AND GOVERNED
SUBSTANTIAL
SATED SHALL REQUIRE THE
Y BOARD OF COUNTY
N
ORIGINAL
SCALE 0 = 100'
0 50' 100' 2W'
LEGAL DESCRIPTION:
LOT B OF RECORDED EXEMPTION NO. 1471-16-2-RE2310, RECORDED
SEPTEMBER 25, 1998 AS RECEPTION NO. 2642604, BEING A PART OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 1 NORTH,
RANGE 56 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
CONTAINS: 73.790 ACRES MORE OR LESS.
PROPOSED TREE TABLE
SYMBOL
QTY.
COMMON NAME
SIZE
SPACNG
..,
18
SCOTCH OR
AUSTRIAN PIIE
3' CALPER
DEAD OR DISEASED TREES ARE TO BE REPLACED.
f- TRAFFIC DIRECTION.
USR BOUNDARY
IRRIGATION BY ORP/FLOOD
FRDATED PASTURE GRASS MB(:
ORCHARD GRASS,
NTERAEDIATE WTEAT,
MEADOW BRCS& GRASS,
SMOOTH BROME GRASS,
CREEPING FO%TAL.
200 woman DAY of 7lt_ _62.142§r__, SPECIAL REVSW As wN LAPPING o:MMSSIDN 2.
BEARD OF COUNTY
SPEC.
_I Al
DEVELOPMENT
S
DAY
RS CERTIFICATION
434614I:TO TIE BOARD
VECJix1$N Td fiVAA1ror
SNORBIENT.I;jldla.H BY D.
PROPERTY OVINEMS CERTIFICATION
AM of TT ID(BEo IIE aro DEVELeRNENT
N .204' soEGMP �� YD41144. "MUM 6
THB _ DAY
F66 tFTXiLAr�- ' -----' ----c90MEA'
USR #1388
ALPHA ENGINEERING CO.
617 5TH STREET - P.O. BOX 392, FORT LUPTON, COLORADO 00821
PHONE: 303-557-2305 or 303-550-3374. FAX: 503 303-85 57-0707
E-MAIL: ALPHASURVETINGOAOL.COM
PATH: A\WN%P\16WWWLEYUSR.VCD I CONTACT: JAN RILEY
REVISIONS EY DATE ABA BY: RLM I SCALE: 1",m100'
LEGEND. ETC. RLM 8-15-02 EDBK. DATE: AUGUST 12, 2002
PG. PRE NO. 16-1N6-15
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