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Home My WebLink About20162577.tiffSITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (LJSR) APPLICATION FOR PLANNING DEPARTMENT USE RECEIPT # /AMOUNT # 1$ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Number l - - �2 : I - -0- -4- " -0 '` -a— (12 digit number - found on Tax ID. information,- obtainable at the Weld County Assessor's Office, or www.co.we&d.co.us) Lot A, RE -4003 part of the Legal Description E NEB Zone District: Ag , Total Acreage: an Section _23, Township -3— North, Range ,s& West , Flood Plain: , Geological Hazard: Airport Overlay District FEE OWNERS) OF THE PROPERTY: Marne: Matthew E. Young Work Phone # Home Phone #343888-0819 Email Address: 10813 County Road 4 ; Address: City/State/Zip Code Fort Lv'ptnr, CO 20621 Name: Heather LE Young Work Phone # Home Phone #303-888-0819 Address: 1 osi i rnl,nty Roo 34 1 Address: City/State/Zip Code Fort Lupton, CO 80621 Email _ilia tynung f enrt@imn_corn Name: Email Work Phone # Home Phone # Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: William W..Hughes Work Phone # 970-352-7800 Home Phone # Email whucthes@wh-h . corn Address: 5401 W. 10th Street. cu i to 7 _ Address: City/State/Zip Code areeLay , Chaleracle .80634 PROPOSED USE: based...from oil and gaq companies which will be sold to farm customers for fencing material on their farms. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. . Signature: Owner or A Ag gai 1M�ciu w c\qcs-4- .* Is 5 Co torA4 0 to 5-- 29---/6 gent Date Signature: Owner or Authorized Agent Date SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE 1. Explain, in detail, the proposed use of the property. Storage of used steel pipe and materials purchased from oil and gas companies which will be sold to farm customers for fencing material on their farms. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. While the real property is zoned agriculture, the soil on this 20 acre dryland parcel is quite sandy and cannot be used for farming purposes. Additionally, the surrounding adjacent dryland properties are not being farmed due to the poor soil in the area. Anadarko E & P Onshore LLC owns and operates wells directly across from Applicants' property. The proposed use of Applicants' land is appropriate, and the intended use of the property will have a minimal impact on the property and will not jeopardize the health, safety and welfare of county residents. Applicants' proposed use of the land will allow Applicants to operate their business, but at the same time, it will have virtually no impact on any established agricultural businesses and associated infrastructures in proximity to Applicants' land. The proposed use of Applicants' land will be a positive impact on the economic conditions in Weld County, and no land will be taken out of agricultural production by Applicants, as the land cannot be used for farming. The Applicants believe that their application is consistent with the intent of the Weld County Code, as it will allow the Applicants to utilize their land to the best possible use, and their sales are generally to county residents for agricultural purposes. The Applicants' proposed use of their land is consistent with the intent of the comprehensive plan because the plan encourages economic opportunities for Weld residents to make beneficial use of their property, and the Applicants' proposed use will not remove established agricultural uses in the area. Additionally, their proposed use is suitable because it is a relatively small area of 20 acres of non-productive agricultural land. 3. Explain how this proposal is consistent with the intent of the Weld County Cod; !Chapter 23 (Zoning) and the zone district in which it is located. The proposed site is located in a (agricultural) zoned district. The agricultural zone district provides areas for agricultural activities without interference from other, incompatible uses. It also provides areas for Uses by Special Review, which are more intense or have a potentially greater impact than uses allowed by right. (Section 23-3-10.) Applicants' sale of steel pipes to local farmers for their fencing needs on their farms is consistent with the Weld County Code, as the sale of fencing materials will promote agricultural activities. Section 23-3-40 identifies buildings, structures, and uses which may be permitted in the agricultural zoned district upon obtaining a Use by Special Review permit. Applicants' proposed use is consistent with the intent of Chapter 23 (Zoning), and an (agricultural) zoned district because it is a use permitted by special review in the agricultural zoned district. Applicants believe that their Application for Use by Special Review is compatible with the surrounding land uses, and because of the poor soil composition at their site, their land will never be used for 1 agricultural purposes. Additionally, access to their property is only on Weld County Road 35 which is a non -maintained county road which is currently being maintained by Applicants and Anadarko E & P Onshore LLC. Applicants believe that their Use by Special Review meets the intent of the Weld County Code because Weld County is geographically, demographically, culturally, socially, and economically diverse, and the plan calls for land use policies to adequately adapt to specific locations and circumstances of each proposed land use change, and it also encourages economic prosperity and growth. 4. What type of uses surround the site (explain how the proposed use is consistent and compatible with surrounding land uses). Non-farmable dryland. 5. Describe. in detail, the following: a. Number of people who will use this site. 1 person, Matthew Young. b. Number of employees proposed to be employed at this site. Zero, at this time, however, in the future, Applicants may employ up to two employees at the site. c. Hours of operation. 8:00 a.m. through 4:00 p.m. generally four days a week. Applicants' days of operation are flexible based upon demand for sales which are usually Monday through Friday with some sales on Saturdays. d. Type and number of structures to be erected (built) on this site. 30 X 40 foot portable steel building for storage of equipment. e. Type and number of animals. if any, to be on this site. n/a f. Kind of vehicles (type, size, weight) that will access this site and how often. One pickup truck four days a week, and five semi -trucks with trailers delivering and taking delivery of pipes at the site. g. Who will provide fire protection to the site. Town of Platteville. h. Water source on the property (both domestic and irrigation). n/a — bottled water only. i. Sewage disposal system on the property (existing and proposed). There is no sewage system on the property. A port -o -let will be used. j. If storage or warehousing is proposed, what type of items will be stored. Tractor and loader and fence pipe. In the future, Applicants may store one semi -truck and trailer at the site. 2 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. nia. A six foot privacy fence will be installed around the storage area. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. The land will be re -seeded with dryland pasture seed by a professional reclamation professional. 8. Explain how the storm water drainage will be handled on the site. The site is relatively flat and quite sandy, and there is generally no run-off or accumulation of water from the site. a. This property meets the drainage narrative requirements with exception from detention pond pursuant to §23-12-30(F)(1)(a)(14) of the Weld County Code. Specifically, this parcel is greater than five gross acres in size, and the Applicants are requesting a one-time exception for a new 2,000 square foot building or equivalent imperviousness. b. To the best of Applicants knowledge, there is no water which flows onto the property from an offsite source. c. All rain water and snow melt flows to the west, and generally does not leave the property. d. The direction of rain water and snow melt across the property is from east to west. e. Applicants are unaware of any previous drainage problems with this property. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. It will take approximately two months from the date of approval of the USR to construct the privacy fence, and the existing building will be in compliance with the Weld County Building Inspection Department approximately two months after approval of the USR. Applicants have already obtained a building permit. 10. Explain where storage and/or stockpile of wastes will occur on this site. Storage will be in the building. At a minimum, waste will be hauled off of the site weekly. 11. Please list all proposed on -site and off -site improvements associated with the use (example: landscaping, fencing, drainage, turn lanes, etc.) and a timeline of when you will have each one of the improvements completed. See above. M:1Y0117\0001 \questionnaire.doc 3 Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Name Matthew and Heather Young Company A+ Fence Pipe Sales, Inc. Address 10213 ennnnty Rnad 14 LI City Ft. Lupton State CO Zip 80621 Business Phone 303-888-0819 Fax E-mail mattyoungfence msn. corn Parcel Location & Sketch The access is on WCR 35 Nearest Intersection: WCR 2 & WCR 35 Distance from Intersection approx _ R/4mil e Parcel Number 121123100040 Section/Township/Range 23/3/N66 W ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Address City State Zip Phone Fax E-mail A = Existing Access A= Proposed Access 1 Is there an existing access to the property?GYES NO O N Number of Existing Accesses 2 Road Surface Type & Construction Information Asphalt ► l Gravel & Treated ❑ Other Culvert Size & Type Materials used to construct Access Construction Start Date Finish Date Proposed Use Temporary (Tracking Pad Required)/ $75 ®Small Commercial or Oil & Gas/$75 Field (Agriculture Only)/Exempt cc WCR 1/43c WCR !Single Residential/$75 ®Large Commercial/$150 © Industrial/$150 DSubdivision/$150 Is this access associated with a Planning Process? • No IKUSR MI RE ❑PUD Other Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. Signature c�.�uU►aW.Printed Name \NI fi tt\ &Mt 1th “kiti kc5Date Approval or Denial will be issue in lithium' of 5 days. Approved pp Y by Revised Date 6/29/10 USR nekbor yywhic 7preo VhdricototyA9r1I 27,2o16 Oot k .'4ret, �c - f ca3j Mt co /eon /02 e 9�,391-osl e t/Q evy e �-�//P ,�r�1 r� SL-evensorJ ��/ a�hiy 3z ffake�& Co�ters'� 1?ci 64-40--\ L-)eLS COvICO‘10-4A aboc4 acts 3sr., ur -a ..... .?....... Does oaf Orm Tb -C black Q3 oisA0444. Gnuzb4 etabo . CA; ‘.4 Ifto+ _tit" l'ArTh vr4 35- 0 Rcit 35-1 )T Cr April 21, 2016 David Farley Family Trust P.O. Box 363 16994 County Road 32 Platteville, CO 80651-0363 Anadarko E & P Onshore LLC 1099 18th Street, Suite 1800 Denver, CO 80202-1918 Melba L. Farley Trust P.O. Box 363 16994 County Road 32 Platteville, CO 80651-0363 Judith L. McNulty 12854 County Road 30 Platteville, CO 80651-8025 Michael A. McNulty 12854 County Road 30 Platteville, CO 80651-8025 Glenn D. Miller 12854 County Road 30 Platteville, CO 80651-8025 Karen S. Miller 12854 County Road 30 Platteville, CO 80651-8025 Dear Sirs and Madams: My wife and I own a 20 acre parcel which has a legal description of Lot A, RE -4003, being a part of the East 1/2 Northeast 1/4 of Section 23, Township 3, Range 66 West, Weld County, Colorado. My wife and I are in the process of filing an Application for Use by Special Review with the Weld County Department of Planning Services for operation of a fence business on the property. As part of the application process, I need to notify each of you regarding the proposed Use by Special Review, and to discuss any concerns which any of you may have regarding my sole proprietorship business, as you own property located within 500 feet of our 20 acre parcel. This letter is notice to you that a community meeting will be held at on , 2016 to provide each of you with an opportunity to discuss the proposed Application for Use by Special Review. If you have any questions or concerns regarding our Application for Use by Special Review, please attend the meeting so that we may discuss these matters. Very truly yours, Matthew Young M:1Y011710001 \letter to owners, docx April 21, 2016 Weld County Department of Planning Services ATTN: Kim Ogle 1555 N. 17th Avenue Greeley, CO 80631 Dear Mr. Ogle: This letter is to inform you that our attorney, William W. Hughes, is representing us in the matter concerning our Application for Use by Special Review, and we authorize him to submit any documents needed regarding our application. Very truly yours, Matthew Young and Heather Young M:1Y0117\000I logle It.doex CONSENT AGREEMENT This Consent Agreement is made between the Weld County Department of Planning Services (the Department) and Matthew Young (Violator). (ZCV16-00029) THE DEPARTMENT AND VIOLATOR AGREE AND ACKNOWLEDGE THAT: 1. Violator owns or occupies property located at 0 CR 35 in Weld County, Colorado also known as Lot A of RE -4003. 2. There are violations of the Weld County Code Chapter 23 on the property, regarding the commercial storage of pipe and/or forms without first obtaining a Use by Special Review (USR) permit. 3. It is possible to correct the violations on the property, and Violator has the present ability to bring the property into compliance with the Weld County Code, and to comply with the terms of this Consent Agreement. VIOLATOR AGREES TO COMPLETE THE FOLLOWING ACTIONS BY THE FOLLOWING DATES: 4. Violator agrees to submit a COMPLETE Use by Special Review (USR) application to the Department of Planning Services by May 31, 2016. Please note: This means a 7 Day Completeness Review application shall be submitted by May 17, 2016, so staff can review and make comments. This will allow a short time period to re submit any missing paperwork can be re submitted by May 31, 2016. In the alternative the business and all associated storage shall be removed by May 31, 2016. 5. Violator agrees to notice all property owners within 500 feet from the property line and conduct a neighborhood meeting. Furthermore, the Violator shall provide record of attendees and written summary (notes) of the meeting to the Department of Planning Services with the USR application. 6. Violator agrees to provide any requested information necessary to complete the USR application process in a timely fashion and to diligently comply with all timelines associated with the USR process. 7. Violator further agrees that this Consent Agreement may be used by Weld County in any subsequent legal action against Violator relating to the above mentioned violations on the property. 8. Violator agrees that if it does not meet any of the individual deadlines outlined in this agreement, it will immediately cease and desist all operations and activities that are in violation of the Weld County Code or any other law, rule, or regulation. If Violator does not cease all operations immediately upon failing to meet a deadline, County may file either a civil and/or criminal action to preclude any further violations. 1 of 2 THE DEPARTMENT AGREES: 9. Not to file or server a complaint against Violator for the above -mentioned violations on the property as long as Violator is otherwise in compliance with this Consent Agreement. ator intociiC,�c� /} C7 A 'L f'11"1 Date g r- Ale Director, Department of Planning Services Date (Ai itl+awt 4 -}Pie S (4 IAAtitskere5@ +,M —'ht Cow) William W. Hughes whughes®wh-h.corn inters, (fltterLck, cliorneys at Sw 5401W. 10',' Street, Suite 201 Greeley, Colorado 80634-4460 Phone: (970) 352-7800 • Fax: (970) 352-6547 www,whhlawpractice.coin August 3, 2016 Kim Ogle Weld County Department of Planning Services kogle@weldgov.com Dear Kim: Jerry D. Winters Thomas E. Hellerich Bradley D. Laue David J. Skarka Enclosed for your records is a copy of the Waiver Regarding Notification to Mineral Interest Owners which was signed by Mary Ann Fessler, Landman, on behalf of Anadarko Petroleum Corporation, Inc. and Kerr-McGee Onshore LP on July 31, 2016. Very truly yours, William W. Hughes WWH:sp pc: Matthew and Heather Young enc. M:\Y0117\000 l \ogle ernail2.docx WAIVER REGARDING NOTIFICATION TO' MINERAL INTEREST OWNERS CASE NO.. ISR16-0020 The undersigned certifies compliance with the provisions of C.R.S. §24-65.S-103(5), and in support thereof, states and certifies as follows: 1. That C.R.S. §24-65.5-103(5) provides that a mineral estate owner may waive their right to notice from to the Applicant of the thirty (30) day requirement before the date scheduled for the initial public hearing on an application for development. That the mineral interest owner is Anadarko Petroleum Corporation, h2c,, and Kerr-McGee Onshore LP receives the royalty payments associated with the mineral estate regarding this application. 2, The undersigned representative of Anadarko Petroleum Corporation, Inc. and Kerr-McGee Onshore LP hereby waives the thirty (30) day notice requirement regarding the necessity of receiving notice of the initial public hearing on. the application for development in this matter, as set forth in C.R.S. §24-65.5103(5). 3, The undersigned also acknowledges receipt of the Notice of Surface Development (a copy of which is attached hereto as Exhibit A) containing the time and place of the initial public hearing on the application for Case No. USR16-0020, the nature of the initial public hearing, the legal description by section, township, and range of the property which is the subject of the initial public hearing, and the name of the Applicant and owner. ANADARKO PETROLEUM CORPORATION, INC. KERR-MCGEE ONSHORE LP STATE OF COLORADO SS COUNTY OF WELD Mary AmiFessler, Landry Subscribed and sworn to before me this Eessler. Witness my hand and official seal, My commission expires: MAY0117\000 hwaiver at notification.docx. 31n day of July, 2016 by Mary Ann REY !ll.i.ft4 BERCH0IN NOTARY Ptsst,iC . STATE OF COLORADO Notary Identification #20154017265 _My Commission Expires 4130/2019 EXHIBIT A NOTICE OF SURFACE DEVELOPMENT ,Pursuant to C.R.S. §24-65.5-103 Pursuant to C.R.S. §24-65.5u403. the following notice of surface development is provided for Case No. USR16-0020, There will be a public hearing before *the Weld County Planning Commission on August 16, 2016 at 12:30 p.m.. in the Weld County Administrative Building, 1150 O Street, Greeley, Colorado 80631, L Applicant: William W. Hughes, 5401 W. 10th Street, Suite 201, Greeley, Colorado 80634 Owner; Matthew and Heather Young, 10813 County Road, 14 1/2 , Font Lupton, Colorado 80621 2. Case No.: USR16-0020 3. Time and Place of Initial Public Hearing: August 16, 2016 at 12:30 p.m., Weld County Administrative Building, 1150 0 Street, Greeley, Colorado 80631, 4. Nature of Hearing: The Weld County Planning Commission shall consider a Site Specific Development Plan and Use by Special Review Permit for any Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (storage and fabrication of materials including steel pipe), provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions, in the A. (Agricultural) Zone District. 5. Location and Legal Description of the Property: Lot A. of Recorded Exemption RE -4003; being part of the E2NE4 of Section 23, T3N, R66W of the oh P.M., Weld County, Colorado Located approximately 2,000 feet south of County Road 32, west of and adjacent to County Road 35 Section Line. You may have aninterest in the minerals located under the property. For additional information., please write or telephone Kim Ogle, Planner, at 970-353-6100, extension 3549, Weld County Department of Planning Services, 1555 North 17th Avenue, Greeley, Colorado 80631, on or before the date of the public hearing. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 15551. 1761 Avenue, Greeley, Colorado 80631. 7/2,2-74/ Dated: 't'illiam W. Hug es, A r nt for Matthew and He • - . ' oung MAYO t7t0001tnotlee of surface developaxentdocx Hello