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Home My WebLink About830572.tiff RESOLUTION RE : APPROVAL OF USE BY SPECIAL REVIEW FOR A DAIRY OPERATION - GERRIT AND HENRIETTA HOOGLAND 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, the Board of County Commissioners held a public hearing on the 5th day of October, 1983 , at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Gerrit and Henrietta Hoogland, 1220 Dotsero Drive, Loveland, Colorado 80537 , for a Use by Special Review for a dairy operation on the following described real estate, to-wit: Part of the NW4, Section 3, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado. WHEREAS, said hearing was continued to the 12th day of Octo- ber, 1983, to allow the Commissioners time to visit the site , and WHEREAS , Section 24 . 4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence pre- sented in this matter, and having been fully informed, finds that: 1. It is the opinion of the Board of County Commissioners that this request is in agreement with the Weld County Comprehensive Plan in that the Plan states that the development of agribusiness and agriculturally oriented industry will be encouraged, provided these enterprises do not adversely affect the total economy or environ- ment. It is the opinion of the Board of County Com- missioners that the proposed use would not appear to have any adverse impacts on the agricultural interests of the County, the total economy or the environment. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows : a. The proposal is consistent with the Comprehensive Plan in that the policies of the Plan promote LH:R 2206 ^1.04fCZ' A ' 830572 Page 2 RE : USR - HOOGLAND agribusiness so long as they do not create nega- tive impacts on the environment or the County. The proposal is consistent with the intent of the Agricultural Zone District. The use is both Com- patible with existing agricultural activity and with land use which is contemplated to be agri- cultural in the Comprehensive Plan. 3 . No overlay districts affect the site. Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and the County. 4 . The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the application for a Use by Special Review for a dairy operation on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions : 1. The attached Operation Standards be adopted for this operation. 2 . The approved Operation Standards shall be placed on the Use by Special Review Permit Plat. The Use by Special Review Permit plat shall be delivered to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of October, A.D. , 1983 . BOARD OF COUNTY COMMISSIONERS ATTEST: %Pi, OAAA 1.tt n, Qt&/ WELD COUNTY, COLORADO Weld County Clerk and Recorder y\ �_, �_ and Clerk to the Board Chtc Carlson, -Chairman By: : tc,�i✓ i -Utz (Q/A-/) r //�CL2% sz Deputy County-Clerk J n T. Martin, Pro-Tem APPROVED AS TO FORM: �P o Gene R. Brantner zr 21/1A/171- o At orney Norman Carlson Jlcqu ' ne John on DAY FILE : October 17 , 1983 USR-576:83:39 OPERATION STANDARDS GERRIT AND HENRIETTA HOOGLAND 1. The permitted use shall be a dairy operation for one thousand (1,000) cows and facilities as described in the submitted application materials on file in the Weld County Department of Planning Services office. 2. The permitted use shall comply with Section 24.5 et seq. (Design Standards for Uses by Special Review) and Section 24.6 et seq. (Operation Standards for Uses by Special Review) as listed in the Weld County Zoning Ordinance. 3. All phases of the operation shall comply with all County and State Health Standards and Regulations pertaining to air and water quality, noise emission and sanitary disposal systems. 4. The lagoon, as identified on the Use by Special Review Plat, for waste water retention, shall be installed as per Rules and Guidelines for Water Pollution -Control at Livestock Confinement Areas as issued by the Colorado Department of Health, Nay, 1978. The owner and/or operator shall be responsible for any additional applicable directives or guidelines issued by the Colorado Department of Health. S. Prior to operating the dairy farm, all plans for the milk barn, other related dairy facilities and the lagoon must be approved by the Consumer Protection Division of the State Health Department. This division is responsible for dairy approval and inspections. -6. All stock pen run-off shall be controlled and confined within the boundaries of the subject property as identified in the submitted application and materials. 7. All accesses from State Highway 60 shall have the approval of the State -Highway Department. All accesses shall be constructed in accordance with the recommendations and/or requirements of the State Highway Department. 8. The Use by Special Review area shall be maintained in such a manner so as to prevent soil erosion, fugative dust and the growth of noxious weeds. 9. The Use by Special Review Permit shall be limited to the plans shown hereon and governed by the Operation Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Operation Standards as shown or stated above shall require the approval of an amendment to the Use by Special Review Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operation Standards shall be permitted. Any other changes from the plans and/or Operation Standards shall lie filed in the office of the Department of Planning Services. 10. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Operation Standards. Noncompliance with any of the above stated Operation Standards may be reason for revocation of the Use by Special Review Permit by the Board of County Commissioners. HEARING CERTIFICATION DOCKET #83-63 RE: USE BY SPECIAL REVIEW, DAIRY OPERATION, GERRIT AND HENRIETTA HOOGLAND A public hearing was conducted on October 12 , 1983 at 2:00 P. M. , with the following present: Chuck Carlson Chairman John Martin Pro Tem Gene Brantner Commissioner Norman Carlson Commissioner Jacqueline Johnson Commissioner Also present: Acting Clerk to the Board, Mary Reiff :assistant County Attorney, Lee Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated September 19, 1983, and duly published September 22, 1983, in the TaSalle Leader, a public hearing was held October 5, 1983, for the purpose of considering the application for a Use by ' Special Review, dairy operation, for Gerrit and Henrietta Hoogland. The hearing was continued to October 12, 1983, to allow the Commissioners time -to visit the site under consideration. Zee Morrison, Assistant County Attorney, read this proposal into the record. -Rod Allison, representing the Planning -Department, explained that this hearing had been continued to allow the Board to visit the proposed site and to discuss run-off concerns which had been ' _raised by surrounding property owners. Chairman C. Carlson stated that he had visited the site and saw no problem after being assured by Mr. Hoogland that the run-off will be contained, then pumped back over the rest of the land. Operation Standard #6, dealing with run-off, has been agreed to by Mr. Hoogland. Mr. and Mrs. Hoagland were present and distributed copies of • their land contract to the Board, along with copies of the elevation plan. Commissioner Brantner asked how many corrals would be situated to drain to the North. Mr. Hoogland assured the Board that none of the corrals would drain to the North. After further discussion, Commissioner Brantner moved to grant this Use by Special Review, including the Operation Standards as proposed. Commissioner Johnson seconded the motion, which carried unanimously. After the conclusion of this hearing, several nearby property owners arrived. Upon being informed that this hearing had already been concluded they inquired about the result and were informed the Use by Special Review had been granted. APPROVED: -BOARD OF COUNTY COMMISSIONERS ArrBST: Q WELD UNTY, COLORADO Mow OftSR'I 4lM Weld County Clerk and Recorder and -Clerk to the Board - \ C Carlson, airman BY: 3{ye ,t�1- V�/�t :'-Y (-4 g-' , )Jla- 44. puty County Clerk' T. Martin, ro-Tem it- TAPE #83-109 Gene R. -Bra r DOCKET #83-63 Norman Carlson LHR 2206 cque John DAY FILE: October 1'7,1983 ATTENDANCI RECORD 10-a2-83 TODAY ' S HEARINGS ARE AS _FDLLOWS : DOCKET # 83-58 „ USR-Dog Kennel, Mabel Schaf f-er DOCKET # 83-E3 , _USR-Dairy Operation, -Gerrit & Henrietta Hoogland DOCKET # PLEASE write or print legibly your name , address and the DOC # (as '__meted above) or the acplicants name of the hearing you are attending. NP_1E ADDRESS WEARING ATTENDING 1 �'. 4. 7,j- R ,`7- /s"+� -�'>� n � � _- > _'�� a -'h L. I AM AGAINST THE APPROVAL OF A 1 , 000 HEAD DAIRY FARM OPERATION by GERRIT AND HENRIETTA -HOOGLAND BECAUSE OF THE INTENSE -IMPACT IT WOULD HAVE IN OUR NEIGHBORHOOD AND THE -SURROUNDING VICINITY. IT WOULD NOT BE IN THE BEST INTEREST OF THE FOLLOWING FOR THE BOARD OF COUNTY -COMMISSIONERS TO APPROVE THIS USE BY SPECIAL REVIEW FOR GERRIT AND HENRIETTA HOOGLAND: j /c) t-C-c c 5. 37 I / 7 1lc . ft, �G>t.n2 24 H7 y7U- 3 5 . V s 4 X. ✓2 1 •r 5 3) 7 , ....tee,. C C. �n-ed•A /-( _3 f kThi i ( ;y A?d7 G-ft-(-4/4- ,c./ f -%c . `Rc"�-37 � 1)) 7 i ,,3, Cf G 4s�i,) / 0 C'O. RIP 7 Co Rd '7 lD-CO >1 Ol (.711=•_COT) I--' 1 1 1 1 1 1 1 1 1 70 70170JO CD A A 7070 CD rD CD ID rD /D CD ID /D (D N VI in LA V1 N LA to d��.� CD d� Cu (D fD YD rD o(D rD 11,0- D YD_, c o 0 o n n o -o n v (D TD rD CD fD fD fD CD 0 0 I I I I I I I I -a D C rD 'SD Q N r3 0 D o) a -h e< C r - ID -s = a N >Lz -Cu lG 3 707 C) C • CD K r- O I--V (/1 Z -c-F 9+ • ID ON 'C 2 3 r o- S 0 7 In D CD `-< Z G C fD C- A-1-) TD N v M N Z N - C D -0 O 7 1 D O 012, Z 7 V (D a) c< V N D -I Z A In O N rD -a L Z Z -y SL -1 c+ 0 O ( o t0 \"I O fD Cu Cu - 0 Cr) Co RP N Loveland, Colorado 4 October 1983 Weld County Planning Commission, Greeley, Colorado Re-Acceptance of Hoagland Dairy Drainage and Storm Water Runoff Into Harry Lateral Ditch Company Canal. Dear Sirs: Due to the close -proximity of the referenced Hoagland Dairy to the Harry Lateral Irrigation Canal, the following Comment is being made; That it it the established policy of the Harry Lateral Ditch Com- pany to -not accept storm water runoff , nor any runoff waters into its Can- als, when such runoff waters are generated by subdivisions, manufacturing facilities and any = all such other developments which have altered -and/ or changed the natural and historic drainage pattern in an area which has historically discharged its runoff waters into a Harry Lateral Canal. This -action is taken in -view of stringent water quality standards as im- posed by the Color-ado Water Quality and in conformance with restrictions as found in the Larimer County Storm -Water Management Manual. (Ninetyper- cent of the water carried by the Harry Lateral Canal is used for irrigat- ion purposes in Larimer County. ) Respectfully submitted, N i amilton Secretary-Treasurer Harry Lateral Ditch company 9)57, -r ,7 71.1 SEP 1 61983 ii � l4-0 GREELLY. COLO. September 16, 1983 Board of County Commissioners Re: Early Advertisement of Special Use Permit for a Dairy Operation Dear Commissioners: I would like to request early advertisement of our Use by Special Review for our dairy operation to be heard on October 5, 1983. I agree to pay any costs associated with the legal notice. Thank you. Sincerely, 74:24-176-nri- Henrietta Hoogland BEFORE THE WELD COUNTY, COLORADO PLANNING COMM ION RESOLUTION OF REOJMMENDATION TO THE BOARD Ur COUNTY C ISSSJN S? 1983 (' /O'UG2a../in .r— �,ra-_-<(. GOLO. Date September 2-0, 1983 Case No. USR # 576:83:39 APPLICATION OF Gerrit and Henrietta Hoogland ADDRESS 1220 Dotsero Drive, Loveland, Colorado 80531 Moved by Jack Holman that the following resolution be introduced for passage by the Weld County Planning Commission: Melt Resolved by the Weld County Planning Commission that the application for located on the following descrihed property in Weld County, Lblorado, to-wit: Part of the NW', Section 3, T4N, R68W of the _6th P.M. , Weld County, Colorado be recommended (favorably) if .btably0 to the Board of County Commissioners for the following reasons: 1. It is the opinion of the Weld County Planning Commission that _this request is in agreement with the Weld County Comprehensive Plan in that the Plan states that the development of agribusiness and agriculturally oriented industry will be encouraged, provided these enterprises do not adversely affect the total economy or environment. It is the opinion of the Planning Commission that the proposed use would not appear to have any adverse impacts on the agricultural interests of the County, the total economy or the environment. 2. It is the opinion of the Weld -County 3lanning Commission that the applicant has shown compliance with -Section 24.3.1.1 of the Weld County Zoning Ordinance as follows: Motion seconded by Paulette Weaver Vote: For Passage Jack Holman Against Passage Bill McMurray Sharon Linhart James Docheff Paulette Weaver Doug Graff Ed Reichert Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this -case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on September 20, 1983, and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 20th day of September , 1983 . ca 0 NIA., ._ CA O A Secretary \ USR-576:83:39 Gerrit and Henrietta Hoogland A Use by Special Review Permit for a Dairy Operation Part of the NWZ, Section 3, T4N, R68W of the 6th P.M. , Weld County, Colorado September 20, 1983 Page 2 The proposal is consistent with the Comprehensive Plan in that the policies of the Plan promote agribusiness so long as they do not create negative impacts on the environment or the County. The proposal is consistent with the intent of the Agricultural Zone District. The use is both compatible with existing agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. 3. No overlay districts affect the site. Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and the County. 4. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. The Planning Commission's recommendation for approval is conditional and based upon the following: 1. The attached Oparation Standards being recommended and approved for this operation. 2. The approved Operation Standards shall be placed on the Use by Special Review Permit plat. The Use by Spacial Review Permit plat shall be delivered to the Department of Planning Services. RA:dg Date: Se,_ember 20, 1983 CASE NUMBER: USR 576:83:39 NAME: Gerrit and Henrietta Hoogland REQUEST: D^iry Opnrntinn LEGAL DESCRIPTION:Pt. of the NW4, Section 3, T4N, R68W of the 6th P.M. LOCATION: Approximately 4 miles west of Johnstown, south and adjacent to Hwy. 60 THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. It is the opinion of the Department of Planning Services staff that this request is in agreement with the Weld County Comprehensive Plan in that the Plan states that the development of agribusiness and agriculturally oriented industry will be encouraged, provided these enterprises do not adversely affect the total economy or environment. It is the opinion of the Department of Planning Services staff that the proposed use would not appear to have any adverse impacts on the agricultural interests of the County, the total economy or the environment. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.1.1 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Comprehensive Plan in that the policies of the Plan promote agribusiness so long as they do not create negative impacts on the environment or the County. The proposal is consistent with the intent of the Agricultural Zone District. The use is both compatible with existing -agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. 3. No overlay districts affect the site. Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and the County. 4. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. The Department of Planning Services staff's recommendation for approval is conditional and based upon the following: 1. The attached Operation Standards being recommended and approved for this operation. 2. The approved Operation Standards shall be placed on the Use by Special Review Permit plat. The Use by Special Review Permit plat shall be delivered to the Department of Planning Services. RA:dg 804-81-915 . 4 USR-576:83:39 OPERATION STANDARDS GERRIT AND HENRIETTA HOOGLAND 1. The permitted use shall be a dairy operation for one thousand (1,000) cows and facilities as described in the submitted application-materials on file in the Weld County Department of -Planning Services office. 2. The permitted use shall comply with Section 24.5 et seq. (Design Standards for Uses by Special Review) and Section 24.6 et seq. (Operation Standards for Uses by Special Review) as listed in the Weld County Zoning Ordinance. 3. All phases of the operation shall comply with all County and State Health Standards and Regulations pertaining to air and water quality, noise emission and sanitary disposal systems. 4. The lagoon, as identified on the Use by Special Review Flat, for waste water retention, shall be installed as per Rules and Guidelines for Water Pollution Control at Livestock Confinement Areas as issued by the Colorado Department of -Health, May, 1978. The owner and/or operator shall be responsible for any additional applicable directives or guidelines issued by the Colorado Department of Health. 5. Prior to operating the dairy farm, all plans for the milk barn, other related dairy facilities and the lagoon must be approved by the Consumer Protection Division of the -State Health Department. This division is responsible for dairy approval and inspections. 6. All stock pen run-off shall be controlled and confined within the boundaries of the subject property as identified in the submitted -application and materials. 7. All accesses from State Highway -60 shall have the approval of the State Highway IDepartment. All accesses shall be constructed in accordance with the recommendations and/or requirements of the State Highway Department. 8. The Use by Special -Review area shall be maintained in such a manner so as to -prevent -soil erosion, fugative dust and the growth of noxious weeds. 9. The Use by Special Review Permit shall be limited to the plans shown hereon and governed by the Operation Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Operation Standards as shown or stated above shall require the approval of an amendment to the Use by Special Review -Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operation Standards shall be permitted. -Any other changes from the plans and/or Operation Standards -shall be filed in the office of the Department of -Planning Services. 10. The property owner and/ar operator of this operation shall be responsible for complying with all of the above stated Operation Standards. Noncompliance with any of the above stated Operation Standards may be reason for revocation of the Use by Special Review Permit by the Board of County Commissioners. CASE SUMMARY SHEET Case Number: USR-576:83:39 Size of Parcel: 42 acres, more or less Request : A Use by Special Review Permit for a Dairy Operation Staff Member to Contact: Rod Allison Possible Issues -Summarized from Application Materials: The Department of Planning Services staff has not received any objections about this proposal. The State Highway Department has a specific recommenda- tion about the proposed access. Please refer to the letter from the State Highway Department dated August 29„ 1983. The proposed dairy operation would be located on nonirrigated cropland. The use proposed is appropriate in the Agricultural Zone District by special review. RA:rs FIELD CHECK FILING NUMBER: USR-576:83:39 DATE OF INSPECTION: 9-9-83 NAME: Hoogland REQUEST: A Dairy Operation LEGAL DESCRIPTION: Part of the Northwest 1/4, Sec. 3, T4N , R68W of 6th P.M. , Weld County LAND USE: N WCR 50, Agricultural Production (crops) E Agricultural Production (crops) 3 Agricultural Production (crops) W -Agricultural production, dairy operation ZONING: N Agricultural LOCATION: Approximately 4 miles northwest of E Agricultural Johnstown, south and adjacent to Weld County 5 Agricultural Road 50 44 -Agricultural COMMENTS: Access to the site is from Weld County Road 50, a paved road. There are no improvements on the subject site except for the future Hoogland residence, which is under construction. The subject site is presently idle cropland. The site slopes to the northeast. BY: Pei aagrep: Rod Allison, Planner II •j .a ' "A K 21 •y k1\ 21 1; w� . Y� /• �F`t�• ill'', . VV i Y� Y `. 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USE$Y SPECIAL REVIEW ( Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 �j USR-r,-tb.io�.bl Date Received CJ't5f83 -Case Number Application Che ked by Qom— -Receipt Number 121i151-Application Fee (ra5.CO Receipt Number S'I 0 -Recording Fee 1O.OD TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary c7^' '^x+`.±.n's �areSm '', ti t .₹ r.:x_.�;.'. signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Tommission and the Weld County Board of County Commissioners concerning the pro- -posed Special Review Permit of the following described unincorporated area of Weld f�County (R�(��IColorado: IiELEGAL DESCRIPTION c guoLSAWAL uspropertyyIEW l ownA`/y d uppo/9 hi Special t Reviewermit / Section _- Y N, "fa'i W is proposed: ��(% cf -Property Address (if)available) OVERLA•1 ZONES____- PRESENT ZONE ( ii� TOTAL ACREAGE PROPOSED LAND USE JJJ''�1 EXISTING LAND USE rfj • SURFACE FEE (PROPERTY OWNERS) OF AREA-PROPOSED FOR REZONING: Name:l/ dh GI �'0 Zip t y 44NOOPY#4 x�sesg*Oe e: ,+rae ,ca,.t,A,4. Address: /? ^ /1 C, i Telephone # p j Business Home Telephone # 7— g Name: City Zip Address: Business Telephone # Home-Telephone #�.— Name City Zip Address: -Business Telephone # Home Telephone ii__________-- APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: City Zip Address: Business Telephone 4 Home Telephone 4 -Owner(s) and/or lessees of mineral rights on or under the subject properties of record n the Wel Cou t ssess is Off i2At!/C `ANC/ -OXX✓IC S (12O.`/ft) � 010,40. O Name: • City �� Zip Address- )C cs SOD Name: r,CI ^' Oity. Zip -Address: \\ L Name: (, \*-6 Zip Address: Y I- City {� 0140 fires of perjury that all statements, I hereby depose and state u r the application are proposals and/or-plans sukme�\�ittiF1 or contained within this - true and-correct to the best of my knowledge. COUNTY OF WELD ) K ° 411inj 9171.71:2-7-Q STATE OF -COLORADO ) Signature: Owner or Aut xized gent 1{j°day of 19e7 j Sut.R.vrl6ed and sworn to before me this �� /� ( 1 �� SEAL.' 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F "�f ,`,.pyt r r t+* 1 G t's}l�w�-�.1.rA ( ( REFERRAL LIST APPLICANT: Gerrit and Henrietta Hoogland CASE NUMBER: USR-574 SENT REFERRALS OUT: August 22, 1983 REFERRALS TO BE RECEIVED BY September 9, 1983 m m z z m O 2 H H W HH 4 (%1 H H W H 2 z H 4 Z w N a " H 0.01 h w 0 [mz7 =, w m O U O O.'r O U O a W U W U O m a O z m z z County Attorney (plat only) Fort Collins Soil Conservation Service Weld County Health Department Suite 25 X XX 2625 Redwing Road Engineering Department Fort Collins, Colorado 80526 x XX ---- County Extension Agent Ed Reichert ,�( Planning Commission Member Colorado Geological Survey 19279 Weld County Road 17 1313 Sherman Street Johnstown, Colorado 80534 _ Room 703 Denver, Colorado 80203 Berthoud Fire Protection Dist. c/o Jerry Ward, Deputy Fire Chief P.O.. Box 121 275 Mountain Avenue Berthoud, Colorado 80513 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 X State Highway Department 71XX 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 r ' ME ORAnDU Wilk To Rod Allison, Planning Date August 30, 1983 ` ,r COLORADO From Ron Stow, Environmental Health Services / �' Subject USR-567:83:39, Hoogland Dairy I / Our comments are as follows: 1. A septic permit is required for each proposed residence and for the milking barn. 2. Plans for the milk barn, other related facilities, and the lagoon must be approved by the Consumer Protection Division, Colorado Department of Health. That division is responsible for dairy approval and inspections. RKS/bks C ( STATE OF COLORADO DIVISION OF HIGHWAYS Nr of f � � P.O. Box 850 "�r,�4 '* Greeley, Colorado 80632-0850 �� ' [I (303) 353-1232 August 24, 1983 ''\F c° ' ---, Weld County D'' r-7- SH 60 1?'rr _ Hoogland Dairy J q �1 , Mi . W. of j i5-3I-25 on S. Side _ of Hwy. 60 Mr. Rod AllisonN/°!tlDepartment of Planning Services C° Pr 1aa"0gcommissio° DOH FILE 45100 Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Allison: We have reviewed the Hoogland Dairy application for a Special Review Permit and have the following comments. An access to this property from State Highway 60 is proposed in conjunc- tion with this dairy. We have no objection to an access, but we cannot permit the 65-foot-wide driveway proposed in the application. The maximum widt13 of the driveway would be 35 feet at the property line with minimum 20-foot turning radii . This should be sufficient to accommodate all vehicle types using the driveway. Any existing driveway to this property should be abandoned with the construction of the new one. An "Access Permit" will be required to construct this driveway. Applica- tion for this permit is made to this office at the above address. Approxi- mately one month is needed to review the application and issue a permit. Thank you for the opportunity to review this application. Very truly yours, ALBERT CHOTVACS ACTING DISTRICT ENGINEER I 7 ) 7SG ouglas Rames District Preconstruction Engineer DDR:da cc: A. Chotvacs D. Yost Area Foreman File: Crier-Jacobson w/encl . c 1 MAILING LIST Gerrit and Henrietta Hoogland USR 576:83:39 Joan Murphy 88 E. Highway 60 Loveland, Colorado 80537 Robert and Donalie Lebsack 3826 South C Road 7 Loveland, Colorado 80537 Arthur Riffel 3588 Colorado Highway 60 Loveland, Colorado 80537 Irma Horst 6205 E County Road 14 Loveland, Colorado 80537 Andy Veeman 23850 Weld County Road 7 Loveland, Colorado 80537 riallr 11 The printed porgies.adds term approved by the __ - .. . Colorado Real Resale Ceamtlales(SC 27.441) TINS$A 1[OAl MIif01N[NE W NOT UNOEOST000,IECAI,TAX 00 OTHER COUNSEL SHOULD OF CONSULTED OE1011E SIGNING. VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) Junta 29 1p I. The undersigned agent hereby acknowledges having receivedfrom GPrrit Hoagland and Henrietta Hooglanti the sum of i—L,O00 00 ,in the form of personal rhprl( I'i ,to be held by tlnanAjrphy _ I • XANAKX0(Xitxitxl (AX0 )a.X14xd(i(0Mx as earnest money and part payment for h,following described real estate in the • County Weld Colorado,to Wit; part of the North- west Quarter (NW*), Section Three (S3) , Township Four North (T4N) , Range Sixty- eight West (R68W), of the 6th P.M. Weld County, Colorado, Corner S-01D59'E 1320' h W 1400' N 01D59'W 1320' thence E1400' to point of beginning, part of Lot 118", 'Alec. Exempt. , RE-431 Exc UPRR Res. (188R) 42.399 acres. • • • together with all easements and rights of way appurtenant thereto,and all improvements thereon and all fixtures of a permanent nature currently on the premises eacept as hereinafter provided,in their present condition,ordinary wear and tear excepted,and hereinafter called the Property. I 2. The undersignedperson(s) Gerrit Hongland_�nd Henrietta Hoagland _las joint tenantsltenants in common),hereinafter called Purchaser,hereby agrees to buy the roperty,and the undersigned owner(s),hereinafter called Seller,hereby agrees to sell the Property upon the terms and conditions stated herein. r 3. The purchase prieshall beU.S.$ 131 436 9(1 ,payable as follows:iJ_,f00 00 hereby receipted for; ! $22,436.90 cash or certified funds at closing, less customary closing costs. Taxes!! jand interest, paid by Sellers, shall be pro-rated to date of closing. , $30,000.00 balance, to be evidenced by a promissary note, secured by a Second Deed ! nts IIwillrbetpaideinatwole to annualrthur L.installmentsel ofa$151oan L. Murpy, a,000.00 eachhplussinterest.joint They • lfirst payment is due January 15, 1984 and second payment is due January 15, 1985. !, Interest shall be at the rate of 9#% per annum. Purchaser shall retain the lia- bility and responsibility of payment on the existing note and Deed of Trust. IIWhen final payment, of Sellers' note is made, a release of the Second Deed of Trust will be executed. The note to the Sellers is neither assumable nor trans- ill ferable. _ _ ' _ _,_. I I. Pricetolnclude: all mineral rights, if any, owned by the Sellers. and the following inter rights: all water rights and domestic water taps, if any, owned by the Sellers. • 5. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a)apply for such loan.(b)execute all documents and furnish all information and documents required by the lender,and(c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before n/a I I void and all payments and things of value received hereunder shall be returned to Purchaserw,or if so aproved but is not ailable at time of closing,this contract shall be null-andfl. If a note and trust deed or mortgage is to be assumed,Purchaser ag to apply fora loan assumption if required and agrees to pay(1)a loan I I transfer fee not to exceed i n/a and(2)an interest rate not to exceed_ n/a %per annum.If the loan to be assumed has provisions for a shared equity or variable interest rates or variable payments, this contract is conditioned upon the Purchaser I reviewing and consenting to such provisions.If the lender's consent to s loan assumption is required,this contract is conditioned upon obtaining such consent without change In the terms and conditions of such Jaen except as herein provided. 7. If a note to be made payable to Seller as partial or full payment of the purchase price,this contract shall not be asai ' Is written consent of Seller. gnaMe by Purchaser • I. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by ,I n/a 9. An abetact of title to the Property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase II price,at Seller's option and expense,shall be furnished to Purchaser on or before ,111 1 9R'i I'to furnish said title insurance commitment.Seller will deliver the title insurance policy to Purchaser after closing x�..hereon. elec4 li 10. The date of closing shall be the date for delivery of deed as provided in paragraph 11.The hour and lace of pay premiumh l thereon.designated by Sellers P closing shall be as designated I I 11. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and 13.Subject to payment or tender as above rprovided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient pnpral warranty deed to Purchaser on till ly 15 , ,1911.1_,or,by mutual men[,at an scalier date, conveying the Property free and clear of all taxes,except the general taxes for the year of closing,and except no exceptions free and clear of all liens for special improvements installed as of the date ofPurchaser's signature hereon,wheth d or not;free and clear of all liens andeneumbraneaexcept those existing of record which purchasers assume and agree to pay, except the following restrictive covenants which do not contain a right of reverter: II and except the following specific recorded and/orapparent easements: Purchaser retains the right to conduct a I dairy operation on this parcel , to which Sellers agree and such agreement to sur- il vive this contract. - SC-27/$-2.81.('enlrsrt to Sup and Sell Real Estate(Vacant land) --- -- t 11..•.11...d P,l ,.ping Co 7 77 Gb'cw Rt p. olur ado NOap Vu.tI1G9UQ and subject to building and toning regulations.I as required by Weld County,r Colorado. 12. Except as stated in paragraphs II and 1 ,if title is not merchantable and written notice o defect(a)Is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing,Seller shall use reasonable effort to correct said defeats)prior to date of closing.If Seller Is unable to correct said defect(s)on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated In paragraph IS.if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be void and of no effect and each party h shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 19. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided,however,at the option of either party,if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. Id. General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid rents,water rents,sewer rents, FHA mortgage insurance premiums and interest on encumbrances.if any,and n/a • shall be apportioned to date of delivery of deed. IS, P ton of the Property shall be delivered to Purchaser on date of closing subject to the following I ' or tentacles: none • • • • •. 16. In the event the Property is substantially damaged by fire,flood or other casualty between the date of this contract and the date of delivery of deed, Purchaser may elect to terminate this contract; in which case all payments and things of value received hereunder shall be returned to Purchaser. 17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due,or If any other obligation hereunder is not performed as herein provided,there shall be the following remedies; (al IF SELLER IS IN DEFAULT,(I)Purchaser may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(21 Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to sn action for specific performance or damages,or both. lb) IF PURCHASER IS IN DEFAULT,(1)Seller may elect to treat this contract as terminated,in which case all payments and things of value received hereundershall be forfeited and retained on behalf of Seller and Seller may recover such damages as may-be proper,or(2)Seller ntay elect to treat this contract as being In full force and effect and Seller shall have the right to an action for specific performanceor damages,or both. (c) Anything to the contrary herein notwithstanding,In the event of any litigation arising out of this contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees 18. Purchaser and Seller that, in the event of any controversy regarding the earnest mon e ey held by broker,unless mutual written instruction is received by broker,broker shall not be required to take any action but may await any proceeding,or at broker's option and discretion, may interplead any"moneys or thin s& value into court and may recover court costs and reasonable attorneys'fees. • 19. Additional provisions: Ail of buildings,- fences, corrals and any other -permanent structures Cto be no closer than thirty (30) feet to adjacent property 'line to the east. Sagil�ers a rte to purchaser reauest for special use permit to build and operate a� d�orL p�cel�t{Tdng I eta d otore "'�" • Prrr'I ent''}}f�ote, 6�ee weer errit RR66oglan and�enrietta Hoogland and Arthur.L, Riffel and Joan L. Murphy, with a balance of $78,000.00 will be cancelled as of date of closing, and a release filed with Weld County. Seller agrees to allow Purchaser to plant a grove of trees adjacent to the east property line of this parcel . • • b,. ,i. 20. If this proposal baccepted by Seller in writing and Purchaser receives notice of such acceptance on or before .,I'In �v -.1 3 't„ )1R y this instrument shall become a contract between Seller and Purchases and shall inure to,the benefit of the.hairsvauoeeeeon opal assigns of sue parttime except as stated in paragraph T. .. ,,.,..... ' at... ..........v,�:. - / _1 ! <" '/ 3 Punch • / J Broker Date rrit Hoo/ land // / L�tt.�4 __ 4<-4 / 7 By:_ Henrietta Hoogland ( Date Purchaser'sAddress 3588 Colorado-Highway-60,--Lovsland.,r.Lo.._20537 • .... . .... ...... .. . . .. C'........ (TbeSllewlegseeties to be eemplstedby Sell Llsting Agent) pp�� 21. Seller accepts the above proposal this 23 dayof dune _ - •'- - 'bS2]L_andamea to pay s commission .f I e I ' %of the purchase price for services in this transaction,and agrees that,in the event of forfeiture of payment ,-. of vales e• eret(nd , ooh psaTmentt and thin 1µa shall bHQ sided tween listing broker an Seller,one-half there o id b�r,butn t1 cr thee n and the balance tL Se er ` r`thur L. Riffel g .fin L. Mu/shy n { / Seller's Addp1 ss_> �� .f.:7744,—ffj!f •• �''_ ✓ de O 'Qd ��. Listing Broker's Name and Addran_/"e� a Hello