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"tl „ 41 i _ + k''IS - I , .n 2l,-,All e82 �. ntfg t -A ' Y 1174:114 hy9. s P 1A4irIIn g-"s I I- -I F 1 '�A"8L" °V3� - " i. 33 yg53�� I +__E - y33 9. 222,1 '�I, 17 ` , ;:,,,114:..!;.4 n H� # }i5g I I i asc i;;l, -n gin.. x". _• f- _A --- k�,sr, i. de ,:a; 4313 - -",.a_,:. ` -_---, - --- RESOLUTION RE: APPROVAL OF SPECIAL USE PERMIT FOR A DAIRY AND HORSE OPERATION FOR ROBERT LEWIS, 801 WEST COUNTY ROAD 6-E, BERTHOUD, COLORADO 80513 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 of Weld County, Colorado held a public hearing on the 10th day of June, 1981 at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board of County Commissioners for the purpose of hearing the application of Robert Lewis, 801 West County Road 6-E, Berthoud, Colorado 80513 , Special Use Permit for a dairy and horse operation on the following described real estate, to-wit: NE4 and part of the SE4, Section 14, Township 4 North, Range 68 West of the 6th P .M. , Weld County, Colorado. WHEREAS, the petitioner was present, and WHEREAS, evidence was presented in support of the granting of the Special Use Permit for a dairy and horse operation on the above described real estate, and WHEREAS, Section 3. 3 (E) (2) of the Weld County Zoning Resolution authorizes such a use in an Agricultural District upon approval by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Weld County, Colorado heard all of the testimony and statements of those present, has studied the request of the petition and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, is satisfied that the request for a Special Use Permit for a dairy and horse operation on the hereinabove described real estate, conforms to the purposes of Section 3. 3 (E) (2) of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that the application of the petitioner for a Special Use Permit for a dairy and horse I`- 011 LHR 2071 r/ I ,'/I Page 2 RE: APPROVAL OF SUP - LEWIS (Continued) operation on the hereinabove described tract of land be, and hereby is, granted subject to the Development Standards contained in the Special Use Permit. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated April 21, 1981 be, and hereby are, adopted as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of June, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO RADO (Aye) Chuck Carlson, Chairman (Aye) Norman Carlson, Pro-Tem 76/:. t ? (Aye) C. W. Kirby ATTEST: pR T �� (A e) U n T. Martin Weld County Clerk and Recorder ' and-Slerk to th, Bo ye) une K. St inmark �Y. �i Deputy Cou ty Cler APPROVED AS TO FORM: County Attorney DATE PRESENTED: June 15, 1981 • • " BEFORE THE W7.1.D COUNTY, COLORADO PLANNING G COMMISSION RESOLUTION OF RECOMMENDATION ATION TO THE BOARD OF COUNTY COMMISSIONERS Date April 21, 1981 • Case No. SUP # SUP-465:81:11 APPLICATION OF Robert Lewis, et al ADDRESS 801 West County Road 6-E, Berthoud, Colorado 80513 Moved by Jack Holman that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for site approval of a Dairy and Horse Operaggiring the following described property in Weld County, Colorado, to-wit: NE4 and part of the SE', Section 14, T4N, R68W of the 6th P.M., Weld County Colorado. be recommended (favorably) (to the Board of County Commissioners for the following reasons: The request is compatible with the surrounding area, is in harmony with the character of neighborhood and existing agricultural uses, will have no detrimental effect upon the immediate area, will not prevent future development of the area and will not effect the health, safety and welfare of the inhabitants. 1. It is the opinion of the Planning Commission this request is in agreement with the Weld County Comprehensive Plan in that the plan states that the expansion and 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 Planning Commission that the proposed operation is in compliance with the provisions of Section 3.3.E.(2) of the Weld County Zoning Resolution. Motion seconded by Bob Ehrlich Vote: For Passage Jack Holman Against Passage Wilbur Wafel Bob Halleran Rety Kountz Bob Ehrlich Don Billings 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 April 21, 1981 and recorded in Book No. VII of the proceedings of the said Planning Commission. • Dated the 24th day of April , 19 81 • Secretary Resolution of Recommendation to the Board of County Commissioners SUP-465:81:11 Robert Lewis, et al 3. It is the opinion of the Planning Commission that the attached Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. This determination is based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission recommendations for approval is conditional upon the following: 1. The attached Development Standards being recommended and adopted for the Special Use Permit. 2. No building or electrical permits shall be issued on the Special Use Permit area until the Special Use Permit plat has been delivered to the office of the Department of Planning Services. 3. The applicants not allowing wastewater from the barn and pen area to be stored in a lagoon located in the intermittent stream flowing into the Little Thompson River. 4. If the manure solids or liquids from the lagoon are to be applied as irrigation or fertilizer, the solids should be dried prior to spreading and the liquids applied only by injection. • DEVELOPMENT STANDARDS SUP-465:81:11 ROBERT LEWIS, et al 1. The proposed dairy and horse operations on Lot B, Amended RE-341 shall be limited to the facilities shown hereon and all other uses permitted by right under Section 3.3.B. of the Weld County Zoning Resolution. The facilities on Plot 1 are designed to handle 30 calves, 100 hogs and 35 horses. The facilities on Plot 2 is designed to handle 300 dairy cows and 50 head of horses. 2. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. 3. All phases of the operation shall comply with all County and State Health Standards and Regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. Control of flies must be maintained on a year round basis. 4. Lagoons for wastewater retention shall be installed as per Rules and Guide- lines for Water Pollution Control at Livestock Confinement Areas issued by the Colorado Department of Health, May 1968. The applicant shall be respons- ibile for any additional applicable directives or guidelines issued by the Colorado Department of Health, Water Pollution Control Division. 5. All accesses shall have the approval of the Weld County Engineering Department. All accesses shall be constructed in accordance with the recommendations and or requirements of the Weld County Engineering Department. 6. The Special Use Permit shall be limited to the plans shown hereon and governed by the Development Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Develop- ment Standards, as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Development Standards shall be permitted. Any other changes from the plans and/or Development Standards shall be filed in the office of the Department of Planning Services. 7. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Development Standards. Non- compliance with any of the above stated Development Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners. RCA:rjg 4/17/81 , , COMMENTS Robert Lewis, et al SUP-465:81: 11 To date our office has not received any letters from surrounding property owners. The Ft. Collins Soil Conservation Service and Johnstown Fire District have not responded to the referral sent to them. The applicants may wish to consider constructing a second lagoon closer to the dairy operation to prevent barn and pen wastewater from draining into the Little Thompson River. RCA/a rd 4-17-81 MINUTES OF THE PLANNING COMMISSION MEETING April 21, 1981 A regular meeting of the Weld County Planning Commission was held on April . 21, 1981 in the County Commissioners' Hearing Room, first floor, Centennial Building. The meeting was called to order at 1:40 p.m. by the vice chairman, Jerry Keifer. Tape 55 - Side 1 MEMBERS PRESENT: Jack Holman Wilbur Wafel Bob Halleran Bette Kountz Don Billings Bob Ehrlich MEMBER ABSENT EXCUSED: Fred Otis It was moved by Bob Ehrlich and seconded by Bette Kountz the summary of the last meeting be approved. Motion carried unanimously. CASE NUMBER: Z-347:81:1 APPLICANT: Ted and Marion Koolstra SUBJECT: Change of Zone for "I" Industrial to "A" Agricultural LEGAL DESCRIPTION: Part of the SW:, Section 34, T6N, R67W of the 6th P.M. Weld County, Colorado. LOCATION: 171 miles south of Windsor on the east side of Colorado State Highway 257. APPEARANCE: Ted Koolstra gave background information on this plat of land and the reason it is currently zoned Industrial. He is asking the Planning Commission for a change of zone to Agricultural so that he may put a dairy on this property. He stated, however, if the special use permit is not granted he does not want the change of zone. Mr. Koolstra was questioned by members of the planning commission regarding his plans. DISCUSSION FROM THE AUDIENCE: Dorothy Musil of the Windsor Planning Commission stated the Windsor Planning Commission is against granting this request primarily because of the amount of cows that will be kept on the land and the odor problems that could arise. While the property is within the three mile radius of the Windsor Comprehensive Plan, the town does anticipate development in this area. MOTION: Bob Ehrlich moved Z-347:81:1 be approved. It was Mr. Ehrlich's feeling this was improperly zoned and the zoning should be Agri- cultural regardless of any other action taken by the Planning Commission; and that the Planning Commission's recommendation be forwarded to the Board of County Commissioners for approval. Motion seconded by Don Billings. Motion carried unanimously with Holman, Wafel, Halleran, Kountz, Billings and Ehrlich voting for and none against. • Minutes of the Planning Cc_iission Meeting Arpil 21, 1981 Page 2 CASE NUMBER: SUP-463:81:9 APPLICANT: Ted and Marion Koolstra SUBJECT: Special Use Permit for a Dairy Operation LEGAL DESCRIPTION: Part of the SW1, Section 34, T6N, R67W of the 6th P.M. Weld County, Colorado. LOCATION: miles south of Windsor on the east side of the road APPEARANCE: Ted Koolstra explained his plans for a dairy. His intention is to milk about 60 cows. Therefore with cows in dry lot the maximum amount of head would be about 80 head of cows. The lagoons, retainer ditches, etc. have been approved and have already been installed. APPEARANCE FROM ThE AUDIENCE: Dorothy Musil, Windsor Planning Commission again stated the town of Windsor's concerns. It was -the town of Windsor's-concern that the well water is not potable and, therefore, not fit for washing milking utensils or human consumption. Mr. Koolstra reported he had the water tested. It is high in sulfate, but is not contaminated in any other way. They are not planning on using the well water for drinking or washing of milking equipment. They have installed a purification system for this purpose. Mrs. Musil wished the Planning Ccr_.jission to know that everything was already installed and completed. Tom Honn read the Department of Planning Services staff recommendations, Development Standards and Comments. The members of the Planning Commission discussed the request for two accesses. MOTION: It was moved by Bob Ehrlich the Special Use Permit for a dairy be granted and the recommendations of the Planning Services staff and the Development Standards be adopted and forwarded to the Board of County Cr.mmissioners with recommendation for approval. Motion seconded by Jack Holman. Motion carried unanimously with Holman, Wafel, Ealleran, Kountz, Billings and Ehrlich voting for and none against. Tape 55 - Side 2 NOTE: Russ Anson, Assistant County Attorney left and Lee Morrison, Assistant County Attorney replaced him. CASE N'U'•BER: SUP-464:81:9 APPLICANT: Stromquist Farms SUBJECT: Alcohol Distillation Plant LEGAL DESCRIPTION: Part of the N1 SiY a, Section 21, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: 31 miles west of Firestone APPEARANCE: J. Evan Goulding stated the request of Stromquist Farms regard- ing their request for an alcohol distillation plant. Their plan is to manufacture 375 to 400 thousand gallons of ethanol per year. He explained the process, and what was to be done with the liquid and solid wastes. He had spoken to the Fire Chief for this area and they agreed a fire hydrant was to be installed. • Minutes of the Weld County Planning Cu:uiuission April 21, 1981 Page 3 He stated there is no oder to the waste material, therefore, odor is not a problem and he asked the Planning Commission Members to delete the first sentence in Development Stan- dards 48. MOTION: Jack Holman moved this request be approved and forwarded to the Board of County Commissioners with recommendation for approval and that the first sentence in 48 of the Development Standards be deleted. His reasons for recommendation for approval were that the request is compatible with the surrounding area, it is in harmony with the neighborhood and existing agricultural uses, it will not have an adverse effect upon the immediate area, it will not have an adverse effect on future development of- the area and will not adversly effect the health, safety and welfare of the inhabitants of the area and the County. Motion seconded by Bette Kountz. Motion carried unanimously with Holman, Wafel, Halleran, Kouatz, Billings and Ehrlich voting for andnone against. CASE NUMBER: SU'P-465:81:11 APPLICANT: Robert Lewis, et al SUBJECT: Dairy and Horse Operation LEGAL DESCRIPTION: NE , and part of the SEA, Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: 2 miles west and 1 mile south of Johnstown APPEARANCE: Robert Lewis who explained his request and plans for this this property. Tom Honn read the Department of Planning Services staff recommendations, Development Standards and Cuu_.,tents. Discussion ensued concerning prevention of effluent wastes and contaminated water running into the Little Thompson River. Tape 56 - Side 1 Mr. Lewis explained their plans were to pump the waste water uphill to be used as irrigation water. Possibilities of a lagoon and the location of it to protect contamination of the river was discussed. Condition 43 was discussed and revised and a new item 44 was added to read "If the manure solids or liquids from the lagoon are to be applied as irrigation or fertilizer, the solids should be dried prior to spreading and the liquids applied only by injection." MOTION: Jack Holman moved that Special Use Permit -465:81:11 with the added condition of the manure disposal and the applicant com- plying with the Development Standards as written and amended and the other conditions as written be approved and forwarded to the Board of County Commissioners with recommendation for approval. His reasons for recommendation for approval being the request is compatible with the surrounding area, is in harmony with the character of the neighborhood and existing agricultural uses, will have no detrimental effect on the immediate area, will not prevent future development of the area and will not effect the health, safety and welfare of the inhabitants 4 • Minutes of the ?lanning Commission Meeting April 21, 1981 Page 4 of the area and the County. Motion seconded by Bob Ehrlich. Motion carried unanimously with Holman, Wafel, Kountz, Billings and Ehrlich voting for and none against. NEW BUSINESS DISCUSSION: Don Billings asked Lee Morrison, Assistant County Attorney what will happen to the conditions of the special use permits, etc. once the new zoning ordinance is passed? Will they still control the operations once new regulations co into effect or will it be a use by right in the Agricultural Zone District? Lee Morrison stated if it is a use by . right they may be able to come in and ask the Board to revoke the permit so they would be able to do away with the restrictions. Tom Honn reported when the new ordinance, which refers to the amount of animals per acre, was adopted they would be, as a practicle matter, able to increase these up to the amount in the zoning ordinance, whether existing or not. Other- wise, the s tanA=rds would still apply. It was his feeling the Planning Commission would run into very little problem except where livestock was involved. The meeting was adjourned at 3:50 p.m. Respectfully submitted, Bobbie Good • Secretary rjg/ A public hearing was conducted on T„nP 10 , 1981 at 2 : 00 P.M. , with the following present: CHUCK CARLSON CHAIRMAN NORMAN CARLSON PRO TEM BILL KIRBY COMMISSIONER JOHN MARTIN COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, KEITHA WHITE ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, TOM HONN The following business was transacted: I hereby certify that pursuant to a notice dated May 4, 1981 and duly published May 7 & May 28, 1981 in the Johnstown Breeze a public hearing was held on a SPECIAL USE PERMIT, DAIRY & HORSE OPERATION as requested by Robert Lewis, et al. Tom read the Planning Commission' s conditionally favorable recommendation. To date no opposition has been voiced to this request and there was no one present today in opposition. Mr. Robert Lewis was present and answered questions regarding his request. Commissioner Steinmark made a motion to approve the SUP as requested with the development standards and conditions as set forth by the Planning Commission. Commissioner Carlson seconded the motion and it carried unanimously. H AI RMAN CC r � �, r r� _ - , BOARD OF COUNTY COMMISSIONERS ATTEST: , ! 4»,L, . , � ._. %1:,.i WELD COUNTY CLERK AND RECORDER AN LERK TO THE BOAR ' /1A , (BY: gC _tiu`�C _1 deputy Count, 1erk 6 DOCKET# 81-27 TAPE#81-35 LHR 2071 Date : Ap-- 21, 1981 CASE NUMBER: SUP-465:81:11 NAME: Robert Lewis, et al REQUEST: Dairy and Horse Operation LEGAL DESCRIPTION: part of the NE% and part of the SEA, Section 14, T4N, R68W Lot B Amended RE-341 LOCATION: 2 miles west and 1 mile south of Johnstown THE DEPARTMENT OF PLANNING SERVICES STAFF RECO,.:?lE2;DS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS : 1. It is the opinion of the Department of Planning Services staff this request is in agreement with the Weld County Comprehensive Plan in that the plan states that the expansion and 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 proposed operation is in compliance with the provisions of Section 3.3.E.(2) of the Weld County Zoning Resolution. 3. It is the opinion of the Department of Planning Services staff that the attached Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety and welfare of the inhabitants of the area and the County. This determination is based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services staff recommendations for approval is conditional upon the following: 1. The attached Development Standards being recommended and adopted for the Special Use Permit. 2. No building or electrical permits shall be issued on-the Special Use Permit area until the Special Use Permit plat has been delivered to the office of the Department of Planning Services. 3. The applicants not allowing wastewater from the barn and pen area to be stored in the lagoon or the intermittent stream flowing into the Little Thompson. RCA:rjg B-14 DEVELOPMENT STANDARDS SUP-465:81:11 ROBERT LEWIS, et al 1. The proposed dairy and horse operations on Lot B, Amended RE-341 shall be limited to the facilities shown hereon and all other uses permitted by right under Section 3.3.B. of the Weld County Zoning Resolution. The facilities on Plot 1 are designed to handle 30 calves, 100 hogs and 35 horses. The facilities on Plot 2 is designed to handle 300 dairy cows and 50 head of horses. 2. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. 3. All phases of the operation shall comply with all County and State Health Standards and Regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. Control of flies must be maintained on a year round basis. 4. Lagoons for wastewater retention shall be installed as per Rules and Guide- lines for Water Pollution Control at Livestock Confinement Areas issued by the Colorado Department of Health, May 1968. The applicant shall be respons- ibile for any additional applicable directives or guidelines issued by the Colorado Department of Health, Water Pollution Control Division. 5. All accesses shall have the approval of the Weld County Engineering Department. All accesses shall be constructed in accordance with the recommendations and or requirements of the Weld County Engineering Department. 6. The Special Use Permit shall be limited to the plans shown hereon and governed by the Development Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Develop- ment Standards, as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Development Standards shall be permitted. Any other changes from the plans and/or Development Standards shall be filed in the office of the Department of Planning Services. 7. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Development Standards. Non- compliance with any of the above stated Development Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners. RCA:rjg 4/17/81 , 1. DEPARTMENT OF PLANNING SERVICES PHONE (3031 356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 T I IT April 2, 1981 ftli 7 I 4©:, • 'COLORADO Mr. and Mrs. Robert D. Lewis 801 West County Road 6-E Berthoud, Colorado 80513 Re: Request for a Special Use Permit #465 - for a dariy and horse operation on property described as the NE4 and part of the SRI, Section 14, T4N, R68W - Lot Lot B Amended RE-341 of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Lewis: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday,April 21 , 1981 at 1 :30 p.m. This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representa- tive be in attendance to make your presentation on your request and be available to answer any questions the Planning Commission members might have with respect to your application. Please be aware that the Department of Planning Services staff will make a recommendation concerning this application to the Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to contact our office. Respectfully, ,f'e de1, 4---& Robert C. Adams Zoning Inspector RCA:rjc cc: Mr. and Mrs. William G. Mehl , 3208 South County Road 29, Loveland, Colorado 80537 i ,n co 6 SLNOLR" Co;rp1e?a rcrs 1,2,and 3. 0� I� -• Add yew a13r_s3 the"EL RN TO"space on 0 :n �'.71 Ic c se. �E)P1. JH th W L'S,,L ',' 1. The foflc_s,'.,3 s:rvice i3 to.,':cs'e3(c1^.k one) �� d V h'd�l Xj$] Etv,w t)`j-OP.:an!da`e del, —' —G NO INSURANCE COVERAGE PROVIDED— fr O Sb,:�t, '. l'..{:a 3 a' ;cc delivery—NOT FOR{NT Reverse) ?JAIL v O :{FSTt'i`TED "T L:vERY (See Reverse) „ : _ Sh. . tJ: —G SENT TO ❑ FEE:i Ili TED DLI,.,'I`.Y. Robert D. Lewis sh..a to v.horn,Lit.7,ens'. 1: 2rhv-Dry.$-- STREET AND NO Road 6-E rn 801 West Countyhi (CO :;L'LT PC': iTER I D2 FEES) rd PO STATE AND ZIP CODE Berthoud, Colo. 80513 a lRTIGLE tid:D E.:.i:;' I POSTAGE CS m Robert D. Lewis u-i CERTIFIED FEE _ •• .. 801 West County Road 6-E • w SPECIAL DELIVERY __Berthoud, Colorado 80513 �, w rn s",i'ICLS:'v,;.:._RIP T's.., • I--' u RESTRICTED DELIVERY 1 E _ :' F_:-.:.ER.L.;CO. EL'.3.F:LDri3. ( IN'Li REDM13. �" SHOW TO WHO""AND ti' 6ce .., W C..1DATE DELIVERED -' Tc a P26 0274458! s W SHOW TO�4H0"" DATE t, !1 i va":.c�_..�• :f t::ura;ae or ac t! i= w `n AND ADDRESS OF i- 7.:, -----------1'1 p DELIVERYI'_,.;^Lc".c.i t J a c',c,__ -bed at-r3. r o w SHOW TO WHOM AND DATE Tt;CE ❑A.?y- ;ee UAu;:.o:LLe3agent DELIVERED WITH RESTRICTED P,,. o ' g DELIVERY / r-:-.. sHo.',/TO WHOM DATE AKD a ADDRESS OF DELIVERY WITH ' .q, Kaf _D•,1"""f' `.,-, RESTRICTED DELIVERYstD I DA i L CE�rLli E 1' : ARK`: S G' 9),(0 TOTAL POSTAGE AND FEES 1 --- '1 5. C.C'G^=._'a'-� ,•;.:ta a;y,i requocted) Q POSTMARK OR DATE i o t co 4-2-81 Y,�, ^:; --�� - 8 6. L .3LE 1'.3',LEIVEFt =.USE. I IA G RK'S S O w cA LS n __._.- -- - r ___.__ -- --— ;(GPO 979 30O-4L0 FIELD CHECK FILING NUMBER: SUP-465:81 : 11 DATE OF INSPECTION: April 2, 1981 NAME: Bob Lewis REQUEST: Dairy and horse operations LEGAL DESCRIPTION: part of the NE4j and part of the SE), Section 14, T4N, R68W LAND USE: N General Agricultural E General Agricultural S General Agricultural jy General Agricultural. ZONING: N Agricultural E Agricultural LOCATION: I mile south and appro$imately Agricultural 24 miles west of Johnstown S Sy Agricultural COMMENTS: Sloping terrain to the southwest towards the Little Thompson River. Lagoon and drainage must not get into the river. There appears to be a gas line being constructed at this time. Access to Weld County Road 46 will be in conjunction with access to the gas well located on the property. Weld County Road 46 is a graveled road. BY: 44,Y e RCA:rjg 4/7/81 FIELD CHECK FILING NUMBER: SUP 465:81:11 DATE OF INSPECTION: 3-27-81 NAME: Robert Lewis REQUEST: Special Use Permit. LEGAL DESCRIPTION: Pt. SE 1/4 NE 1/4 Section 14, T4N, R68W LAND USE: N Agriculture E Agriculture S Agriculture Agricul ture ZONING: N Agriculture LOCATION: 1 mile south and 2 miles E Agriculture west of Johnstown S Agriculture S9 Agriculture COMMENTS: Subject property contains h c improvements. The land is primarily under cultivation as is the adjacent land. General terrain is gently rolling throughout the area. Major drainage is to the south of the property. General neighborhood is agricultural in use. • P471D1 BY: � omas E. Honn- \f: IL CASE SUMMARY SHEET Case Number : SUP-465:81:11 P. C. Hearing Date : April 21, 1981 Applicant : Property Owner: Robert Lewis, et al Size of Parcel: Staff Member to Contact : • Vickie Traxler Legal Description : - NEQ and part of the SE4j Section 14, T4N, R68W Location: 2 miles west and 1 mile south of Johnstown _ Existing Zoning: Agricultural Request: , Dairy and Horse Operation • Possible Issues Summarized from Application Materials:- 1. Leakage from lagoon , T VT:rg rg I p , \ i ( f J!l„ . -.- NOTICE Pursuant to the zoning laws of the State of Colorado and the •� Weld County Zoning Resolution, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified . All persons in any manner interested in the Special Use Permit are requested to attend and may be heard . BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners , located in the Weld County Centennial Center, 915 10th Street , Third Floor, Greeley, Colorado . APPLICANT DOCKET NO. 81-27 Robert Lewis, et al 801 West County Road 6-E Berthoud, Colorado 80513 DATE : June 10, 1981 TIME: 2 : 00 P. M. REQUEST : Special Use Permit - a Dairy and Horse Operation LEGAL DESCRIPTION NEa and part of the SEa, Section 14 , Township 4 North, Range 68 West of the 6th P. M. , E Weld County, Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeannette Ordway, Deputy DATED: May 4 , 1981 PUBLISHED: In the Johnstown Breeze on May 7 , 1981 and May 28 , 1981 1 _ , , Jl G C t ( 11 " L`Y • • ","/ AFFIDAVIT OF PUBLICATION PUBLIC NOTICE THE JOHNSTOWN BREEZE NOTICE STATE OF COLORADO ) Pursuant to the zoning laws of ) SS the County Zoning Resolutions COUNTY OF WELD ) a public hearing will be held in I, Clyde Briggs, do solemnly swear that I of the the gCobtreiinisstone Bo Weld county y am publisher of The Johnstown Breeze; County, Colorado, We1915o10th that the same is a weekly newspaper Centennial Cener, Street,Greeley Colorado,at the printed, in whole or in part, and published time specified All persons thine y manner interested to in the County of Weld, State of Colorado quested tUo9atte d and may be and has a general circlation therein; that are heard. _ said newspaper has been published text cardI e�— continuously and uninterruptedly in said BE IT ALSO KNOWIl .t tklee Weld County Planning Commis- County of Weld for a period of more than be examined in the fifty-two consecutive weeks prior to the Sion may first publication of the annexed legal notice office of the Clerk to the Boar of County Commissioners, located in the Weld County or advertisement; that said newspaper has Centennial Center, 9Greeley been admitted to the United State mils as Street, Third Floor, Colorado• second-class matter under the provisions of APPLIC et ANT the Act of March 3, 1879, or any 801 West Countrt y Road 6-E amendments thereof, and that said Berthoud,Colorado 80613 newspaper is a weekly newspaper duly DOCKET NO 81-27 qualified for publishing legal notices and DATE June 10, 1981 advertisements within the meaning of the TIME 2 00 P M laws of the State of Colorado. REQUEST Special Use e a mn That the annexed legal notice or advertise- ment was published in the regular and LEGAL DESCRIPTION. NEK of the SE�a,section 14 entire issue of every number of said weekly and part 4 North Range Weld newspaper for the period of 2....-Lvuaecu- Township West of the 6th F. . �'el tive insertions; and that the first County, Colorado THE BOARD OF publication of said notice was in the issue of COUNTY COMMISSIONERS WELD COUNTY, said newspaper dated 75. 2., A.D. 19�., COLORADO and that the last publication of said notice BY*MARY ANN was in the issue of said newspaper dated FEUERSTEIN COUNTY CLERK AND It? 2g, A.D. 19. '.1... RECORDER AND Id witness whereof I have hereunto set CLERK TO THE BOARD my hand this Z$ day of 101BY Jeannette Ordway, , Deputy A.D. 190.. DATED May 4, 1981 PUBLISHED on May 7, 1 In 981 and JohnsMay 28, 1981 7p blisher Co Legal 811-3-Clerk to the Board Subscribed and sworn to before me, a Notary Public in and for the County of Weld,.§t�,te of Colorado this 2J day of /7/ef A.D. 19.Y/ j9 - Notary Public. My commission expires .: —,/y.-. ' .. Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Paula A . Barton of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has • f• been published in said daily newspaper for consecutive ,i�iict ' • (days) (weeks); that the notice was published in the F.ursuant lir Me iOT11g laWg of the State of Colorado and the Weld Couhty regular and entire issue of every number of said Zoning Resolution,a public hearing will be held in the Chambers of the Board of newspaper during the period and time of publication of County Commissioners of Weld County, Colorado, Weld County Centennial said notice, and in the newspaper proper and not in a Center, 915 10th Street, Greeley, Col orado,at the time specified All persons supplement thereof; that the first publication of said in any manner interested in the Special Use Permit are requested to attend and notice was contained in the issue of said newspaper may be heard BE IT ALSO KNOWN that the text and bearing date maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of Twenty-fifth County Commissioners, located in the Weld County Centennial Center,915 10th day of May A.D. 1981 Street,Third Floor,Greeley,Colorado DOCKET NO 81 APPLICANT 27 and the last publication thereof; in the issue of said Robert Lewis,et al 801 West County Road 6 E newspaper bearing date the Berthoud,Colorado 80513 DATE June 10,1981 TIME 200PM Twenty-fifth REQUEST Special Use Permit — a DLEGAL yLntl Horse Operation day of May A.D. 19 81 LEGAL DESCRIPTION NEi•and part � of the SE'., Section 14, Township 4 that said The Greeley Daily Tribune and The Greeley Range 68 West of the 6th P M, Weld County,Colorado THE BOARD Republican, has been published continuously and OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO uninterruptedly during the period of at least six BY MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER months next prior to the first issue thereof contained AND CLERK TO THE BOARD RRv.}tl ¢ said notice or advertisement above referred to;that said a(d81 IEordlnn, F The Greeley Daily Tribune newspaper has been admitted to the United States May 25,1981 mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. May 25 , 1981 Total charge: $12 . 18 Advertising Clerk Subscribed d sworn to before me this 25th day of May A.D. 19 81_ My co mis n ex ires , Notary Public Pr— SPECIAL u.n; PERMIT --- FLOC SHEET , APPLICANT: gileyJ Ze&i6 ..4/ c/ CASE # -- `. - _. ,r a, REQUEST: Di lr•y 4 /-10_9.se O .era•%o ,5 LEGAL: Y) v r4 SC`i. • Se G /cl- y- 6 Y Li b' .cha�,,,c1,„/ Ac 3c-// • LOCATION: 3_ tile 'L / 5,,,-74-4, r ?-1,, ?`„ DATE I BY _ /ipplication Received Application Fee - Receipt # it 70 S •3 - i leC4- Recording Fee /O ' tt 3/ 3 - /}r Application Complete /� P.C. Hearing Date : flprI 1 / "3 1 2GGG . Letter to Applicant Drafted 3- 2-a' l RGct.. Referrals Listed 3-a3- CI GCc, Field Check by D.P.S. Staff File Assembled ' 14 TA V + CV, Fi Referral s Mailed 3I ` l,G k\ VI C > Chaindexed Notification of Applicant Surrounding Property Owners Researched 5/27/463/ Airphoto/Vicinity Map Preapred 5/27/R/ i • Property Owners Notified by: arAJ.. (O — dd$I 3-3t- c;0 Agendas Mailed by : 6(./i4u-Q 14 19 S1 • • �I �/*-�/4` i ,�LGc1 Legal Approved by County Attorney -7'1 A Referrals - Complete Preliminary D.P.S. Staff Comments 41- 11S‘- 1 i ca Staff Conference 4-,S . b a ko o. D.P.S. Comments K - 1'1 - 8i RcA P.C. Hearing Action: t, P.C. Resolution • �l -2`�-2\ U-t' Case Sent to Clerk to Board C.C. Hearing . ,•'IbitsI Action : Ap) 206AI • to- IS- 1 J 14\C.C. Resolution Received History Card Complete C.C. Resolution. Sent to Drafting Drafted on Mylar Document Sent to Clerk and Recorder P.C. Minutes SPECIAL USE PERMIT APPLICATION Weld County Department of Planning Services 915 - 10th Street Greeley , Colorado 80631 PHONE : 356-4000 Ext . 400 FOR PLANNING DEPARTMENT USE ONLY : Permit Fee : Case Number : 3 ,' /) 'GS: ¶s ti Recording Fee : i00� � App . Checked by : QCitk Receipt No . : 'i"!/7n; 3-20-$1 TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE- MENTS : Print or type only , except for necessary signatures . I , (we ) the undersigned , hereby request a hearing before the Weld County Planning Commission concerning a proposed Special Use Permit for the following described unincorporated area of Weld County : LEGAL DESCRIPTION of contiguous property owned upon which Special Use Permit is proposed : 0.i: fih 'V17 c-nd 6q/ a.t iOQ3,f Ill sF ryc.4 LI ,f, j l r‘), iit 3 CT, Dkl / / / S4, 1, /Grp- �� - IS qf ovv,„_rad LEGAL DESCRIPTION OF SPECIAL USE PERMIT AREA : Sarre az 0-100\11z- STREET LOCATION : Zti.k Id co 1/ 4 ZONE : Ci�� ,�✓�✓��c-� PROPOSED USE : Pea 1- I-Icis� Or.9 r•& /hrt FEE OWNERS OF AREA PROPOSED FOR SPECIAL USE : i4s� ', ' NAME : 4- (30.v 1, a,,c), 5 ADDRESS : c) Rd - fiL TEL : ≤3 . - .2 '. / NAME : N r clu.r1i, 6- /v1EH/ ADDRESS : TEL : -C,J- z '3 NAME : ADDRESS : TEL : I hereby depose and state under the penalties of perjury that all state- ments , proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF WELD ) , /V. Aq.t:IY STATE OF COLORADO ) ( e6ct Signature : Owner or Authorized Agent Subscribed ans sworn to before me this /6'/ , day of --)--Y1✓UC1`. 19u . (41/1-'11- SEAL Notary Public /rL/ My commission expires : / / X REFTRRAL LIST r, A I, o 11-PPL: NT Robert Lewis et al CASE r SUP 465 `Q REFERRALS SENT OUT ON: March 25, 1981 Lb c REFERfALS TO BE RECEIVED BY: April 9, 1981 z v C ,�. HZ U 0 0 I4 r-t P, o o z T=a o c c REFERRALS RECEIVED + fine/Mx MMta x 6.,�, ci ic; / County Health ' -'a la - (.5 1 County Engineer _ Fort Collins Soil Conservation Service Room 327 301 South Howes St. Fort Collins, Co 80521 Don Billings ' 12023 Weld County Road 36 Platteville, Co 80651 Colorado Geological Survey `y — % 6- $ i 1313 Sherman St. Room 703 Denver, Co 80203 K y — i 27 'S! County Extension Agent Colorado Water Conservation Board x 6f,rL,.-i ;—;;i 1313 Sherman St. Denver, Co 80203 Johnstown Fire .pistrict Osmund Abrams 4949 State Hwy 60 Berthoud,'Co 80513 John Baghott / Consumer Protection Division X `C(�� `1Pr' State Health Department 4210 East 11th Ave. - Denver, Co. 80220 1t COMMENTS Robert Lewis, et al SUP-465:81:11 To date our office has not received any letters from surrounding property owners. The Ft. Collins Soil Conservation Service and Johnstown Fire District have not responded to the referral sent to them. The applicants may wish to consider constructing a second lagoon closer to the dairy operation to prevent barn and pen wastewater from draining into the Little Thompson River. RCA/ard 4-17-81 s.Q Q , „, CASE _��__��R SUP 465:81 :11 _mot .._� E��. • ''/'��_MJ' 0.-r- CJ II tl COLORADO ,-7,q,rnrrfng Dop irtmcri REFERRAL TO ��:OM IT MAY CONCERN : Enclosed is an application from Robert Lewis, et al for a Dairy and Horse Rnarding Operation The parcel of land is described as NFL and Pt SF4 Sec_ la 68W The location of the parcel of land for which this application has been submitted is - 2 miles west and 1 mile smith nf ,]ohnstnwn-- This application is submitted to your office for review and recommenda- tions . Any couunents or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by April 9, 1980 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. X' We have reviewed the proposal and find no conflicts with our interests. 2. A formal recou,uiendation is under consideration and will be submitted to you prior to --- 3 . P1 aase refer to the enclosed letter. • - Signed �� Agency �r t,, �Fe•� ,, Date 2�-c(,:f Robert C. Adams, Zoning Inspector �V.tl�i 26 1981 j r Weld County Health Department BOARD OF HEALTH Fran Christensen, Eaton A M Dominguez,Jr,JD,Greeley 1516 HOSPITAL ROAD Robert Drennan, PhD,Greeley John P Cullen, M D Annette M Lopez,Greeley Acting Medical Director GREELEY, COLORADO 80631 Kathleen Shaughnessy,PHN,Ault (303) 353-0540 Lois Smee, FNP, Ft Lupton April 9, 1981 Arthur G Watson,Platteville David Working,DDS,Greeley John M Wheeler,Greeley TO: Robert Adams, Zoning Inspector FROM: Ronald K. Stow, Acting Director - Environmental Health 6� 'p� RE: Robert Lewis, et. al-SUP 465:81:11 Our comments regarding the proposed facilities are as follows: 1. The proposed lagoon must be designed by an engineer and must meet all Colorado Health Department design criteria as specified in the May, 1978 Guidelines for the Design of Feedlot Runoff Containment Facilities. The Colorado Health Department's district engineer must review those completed plans and give his approval. 2. Application must be made to the Environmental Services Division, Weld County Health Department, for any proposed septic systems. 3. Fly breeding must be controlled at all times. 4. Applicable noise, odor, and nuisance regulations must be complied with at all times. 5. Note: Using the Soil Survey of Weld County, Colorado, Southern Part, September, 1980, it appears that the lagoon is proposed to be constructed in Otero sandy loam, 5 to 9 percent slopes. There appears to be a severe limitation in these soils because of slope and permeability with possible resulant ground water contamination from sewage lagoons. Not being qualified soil engineers, we can only make known our observations from published data. P , APP 1281rki — RECEIVED c±1 n \:]0! Cfiuniv � Rr g CJ per. __LI l� L�L�Is�'.-=� III Findings : A. The south end of the property borders the Little Thompson River . However, no floodplain information is shown on the permit . B . Most development proposed on the property is above elevation 4860 according to the permit . However , no indication of the datum used is made . C . Based on existing U . S .G .S . topography and information provided in the permit , the proposed development plan does not presently appear to be in any identified floodplain. D . There is not sufficient information to determine whether or not the "Lagoon" is in a floodplain . The "Lagoon" appears to be on an intermittent or minor stream draining approximately one square mile of area. IV Recommendations : A. Existing floodplain information should be shown on the permit and stipulated that applicable floodplain regulations will apply to that land so identified . Reference to the ground datum used should also be made. B. Maintaining existing flow courses and site grading could alleviate any existing drainage problems . Presently the , "Barn" in Plot 2 looks like it might encounter some minor drainage problems . C . The "Lagoon" is presently shown on a minor or intermittent stream to the Little Thompson River . Dumping barnyard waste into this lagoon would appear less than desireable and should be changed . D. The applicant may wish to have the flood outline changed on the permit following completion of the detailed Corp study which would be acceptable . Should you have any questions concerning this review, we will be happy to respond. Sincerely� , /( 1-ovitePL I D . Randolph Seaholm Senior Water Resouce Specialist DRS/gl 4, APR RC ' -2- o Le CX+CM'9%aw ,`. CCO� F-ice __ ::' 21-.-E-:.?.:,I E>'- L^,r r r r\J �� v = �. t� w t' lac° �`Ss� o t iJ © 7:6 i - ti z �� `��oo \- CZS� N1.3ER SUP 455:81 :11 COLORADO REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Robert Lewis, et al for a Dairy and Horse Boarding operation - The parcel of land is described as NF; and Pt SFQ Sec_ 14 1-4N R68W The location of the parcel of land for which this application has been submitted is 2 miles west and 1 mile cniith of Johnstown This application is submitted to your office for review and recouiuienda- tions . Any couuuents or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recoutuiendations. If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to . respond within 14 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by April 9, 1980 so that we may give full consideration to your recouunendation. Thank you very much for your help and cooperation in this matter. 1 . ,V-- We have reviewed the proposal and find no conflicts with our interests. 2. A formal recouunendation is under consideration and will be submitted to you prior to - 3 . Ple e refer to the enclosed letter. • Si ne Agency G% i'��6a / Date/13'7i/ L ` E Robert C. Adams, Zoning )inspector WiLrilL./,/,',"5ADDRESS ,,,._-.:-t-/-7,- -//, /,':,-, ,-, ,. LOCATION R/r .r�A 1,/'f/./ir7 LEGAL DESCRIPTION TYPE OPERATION 6.,'v'r/ Ajrr5- / /,.. ('..-�fi�7f�' j2,,,,,(//,_,/ / COMMENTS; j,/ r�!>,�i�/ ✓✓ /..[�r11�C -1/�, eL .� 4/l es��r , C ve .Cc) / / ,, /1 ! /� j—/�--" -� i /1-�,. -rJj�/'._-✓ zI//�✓A ,,.�.r�/ /�'v ✓1.-�i�`� ..- ,._/, ________,=.--„Z;--7-- f-,ef,_- g. ),/..-. - 1- .-��. -*..-,-ice 2 -/----://6,,,f_.7 ,',72.4-3_:.---/ , ,,,,,t- ,..-- 1 / 7 t; ./ems' , /1-- /` .r /.�✓/ /f'f./ i/ ",__, ' - ,---___ _____27,4,-. , '/_&.,te-,,-7.e.";1' —4- //-- ey-e-,./'%./ ---- /,--/-- r--/Le/24-4,i,_,L1- /5-7---..-.7: 7 ,-__,?...e,•..„7,,,,K__---„,} 4.-/ ,-,-.2,4•_ . _.„._„•-z • /7;.4" . -,<,-,i-2.4-?'-/,,,,"?..Ce. , ./ Aii-ele/'>1 ./7/ > .d-r"?o=; , -•-•'/L‘Z.- /-7-- -:" `i.14-79:----,-,-, /,‘-:// .4'44,.*,..„ ".,1,./' �✓ri� `b✓� y/ 7"4 71:-/.,Xel---%'' i✓--r* ,/ %',-. �/-7.1 �r ' / ,_/ ._,,, y`i / - -_.✓—. .I �l,e /• i�--/s-/I'�.✓Y/-',..-- 4—'4 er - X% �✓/�� //"f�c-moo f -,r.9/iJ ..,;-7/ 1)''' -7-� J i/.,�- -----6/— ----. -.I----, ,SZ-I',/.--,., --O/477-4-e,— ..--,—/' ,.p4e--_/_--,5_.-.;:e:f--:—,-.?:/..--' tea- 1/A '‘- ------"'" • WELD COUNTY EXTENSION SERVICE X WI*" Or•CO ASS ' L� NI RICHARD D. LAMM * * JOHN W. ROLD GOVERNOR ' � i� * Director * * 18'16 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)R3:142.5AX 866-2611 April 14, 1981 Ms. Vickie Traxler Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Ms. Traxler: RE: SUP 465:81 :11 LEWIS DAIRY AND HORSE OPERATION We have reviewed the plat and attendant information for the Mehl- Lewis dairy operation. The soils in this area have a moderate swell potential . We recommend that before new buildings are constructed, that a qualified soils engineer design the foundations. If this recommendation is followed and the sewage lagoon is properly designed so that it does not pollute the groundwater, we have no objection to approval of this application. Respectfully, L.d el . ci,LA ..ctes--- ulia E. Turney Engineering Geologist 9p cc LUC • cr` __ 7,f� _�. / ‘\\,, GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE STATE OF COLORADO COLORADO WATER CONSERVATION BOARD oe coo Department of Natural Resources i,�w/A 823 State Centennial Building FT/ 0, a 1313 Sherman Street *�, ** Denver, Colorado 80203 */876 Phone: (303)839-3441 -- Richard D Lamm Governor I April 7 , 1981 D William McDonald Director David Walker Deputy Director Mr . Robert C . Adams Zoning Inspector Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Adams : The Colorado Water Conservation Board (CWCB ) staff has completed a flood hazard review for the Lewis-Mehl Dairy and Horse Boarding Operation (SUP 465 : 81 : 11 ) located north of the Little Thompson River in the E- 1 /2 , Section 14 , Township 4 North , Range 68 West , 6th Principal Meridian. We offer the following findings for your consideration . I Source of Flooding A. Little Thompson River B. Local Drainage II Information Available for Review A. "Flood Insurance Study, Weld County, Colorado , Unicorporated Areas and Town of Eaton , Colorado" Prepared by Gingery Associates, Inc. for FEMA-FIA in December , 1979 . This study was designated by the CWCB on March 17 , 1980 (#156) and thus is available to local governments for regulation purposes. B. "Floodplain Information, Little Thompson River . Weld County, Colorado . " This study is presently in progress by the U .S. Army Corps of Engineers, Omaha District ; when completed it will contain detailed information for this location. C. "Map of Flood-prone Areas , Johnstown, Colorado , 7 . 5 Minute Quadrangle" prepared by the U .S .G .S . In 1978 . These maps have never received any formal designation as they are only approximations . However, they are very useful in identifying rough flood hazard limits for large areas quickly. COLORADO WATER CONSERVATION BOARD, Frederick V. Kroeger, Chairman Robert A. Jackson, Vice Chairman • John R. Fetcher, Steamboat Springs C.M. Furneaux, Walden • Floyd L. Getz, Monte Vista • Patrick A. Gormley, Grand Junction Richard W. Johnston, Montrose • David W. Robbins, Denver • Herbert H. Vandemoer, Sterling .or'col -moo COLORADO DEPARTMENT OF HEALTH Richard D Lamm N Frank A.Traylor, M D. Governor 18 6 Executive Director April 2, 1981 Vickie Traxler Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Issuance of Special Use Permit for Dairy and Horse Operation for Robert Lewis, etal. Dear Ms. Traxler: The dairy operation of Robert Lewis etal shall be in substantial com— pliance with the 1980 Colorado Grade A Pasteurized Fluid Milk and Milk Product Regulations and shall obtain approval from the Colorado Depart— ment of Health, Consumer Protection Division prior to Grade A fluid milk production. Sincerely yours, azthyd Charles W. Boyd, Sanitarian Consumer Protection Division CWB/DLT/ls cc: D. L. Trimberger, Sanitarian ,�.Z�?5^627�R)� a Encl. ce. - t N F/2- o o E `y ' m -� S4IE`ZII,, 4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333 � y REALTY COMPANY 1331 8TH AVE ,GREELEY,COLORADO 80631 - PHONE 356.1331 SPECIFIC PERFORMANCE CONTRACT' (FARM AND RANCH) Greeley Colorado February 17 . 1981 RECEIVED FROM Robert D. Lewis , Barbara R. Lewis , & William G. Mehl & Sharon L. Mehl chaser ( ., .,., s),the sum of S 1 ,000.00 personal check in the form of be held by Davis I and Co. , broker, in his escrow or trustee account,as earnest money and part payment the following described real estate situate in the County of Weld If olorado,to wit See attached Exhibit "A" with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises, except as hereinafter provided,in their present condition,ordinary wear and tear excepted,known as James L. Davis Farm which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of 32n,nnn_nn payable as follows. S 1 ,000.00 hereby receipted for,$79,000.00 in cash or certified funds on date of closing and transfer of deed, the remaining balance in the amount of $300,000. 00 to be paid by purchasers assuming the Travelers Insurance Company loan for this amount, which is presently on the property. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by N/A 1. If a note and trust deed or mortgage is to be assumed,the purchaser agrees to apply for a loan assumption if required and purchaser agrees to pay (1) a loan transfer fee not to exceed S 150.00 and (2)an interest rate not to exceed 1_2_01' %per annum. If the lender's consent to a loan assumption is required, this contract is expressly conditioned upon obtaining such consent without change in the terms and conditions of such loan except as above stated. If a secured or unsecured loan is to be carried by the seller, seller shall not be obligated to carry said loan for any person or entity in lieu of the pur- chaser named herein. 2 Price to include the following personal property• none 'o be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes,liens and encumbrances,except. N/A nd except any personal property liens in any encumbrance specified in paragraph 5 The following fixtures of a permanent nature are excluded from this sale' none _ I 3 Price to include the following water rights included in Exhibit "A" attached hereto. -- I 4 An abstract of title to said property, certified to date, or a current commitment for title Insurance policy in an amount equal to the purchase ce, at seller's option and expense, shall be furnished the purchaser on or before March 15 1981 If seller elects to n'sh said title insurance commitment,seller will deliver the title insurance policy to purchaser after closing and pay the premium thereon. 5 Title shall be merchantable in the seller, except as stated in this paragraph and in paragraph 12. Subject to payment or tender As above provided !rl compliance with the other terms and conditions hereunder by purchaser,the seller shall execute and deliver a good and sufficient Uaeneral rrranty deed to said purchaser on Apri 1 1 , 19 81,or,by mutual agreement,at an earlier date,conveying said property free d clear of all taxes,except the general taxes for 19 g.lpayable January 1, 19 82,and except none and clear of all liens for special improvements now installed,whether assessed or not,free and clear of all liens and encumbrances except• he Travelers Insurance Co. loan described above. • and except the following easements Those of record. and subject to building and zoning regulations and the following restrictive covenants Those of record. 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. 6 General taxes for the year of closing shall be apportioned rrie 6 Prepaid rents,water rents,sewer rents and interest on enuro date a of fidanivery of deed based on the most recent le assessments for 1980, urchaser shall any,and seller shall oa l taxand hemostrecen;assess- a all taxes and all taxes and sub- sequent years. assessments f shall be apportioned to date of delivery of deed or 1981 and S Ub- 7. With respect to the growing crops the seller and purchaser agree as follows Purchaser shall have all crops now or to be planted. planted W 8. The hour and place of closing shall be as designated by Wheeler Realt Com an . 9. Possession of premises shall be delivered to purchaser on Date of closing and transfer of deed. subject to the following leases or tenancies: N n 10. The risk of loss from any damage to the improvements by fire or other casualty that if the seller shall maintain insurance onto he improimprovements ss w will compensate prior to full repte ocf closing gue be reo the,the seller,seller may at however,poor assign the proceeds of said insurance to for the replacement value thereof, may at his option purchaser,in which case the purchaser shall complete the transaction as herein provided. The risk of loss for any damage to growing crops, by fire or other casualty shall be borne b paragraph Y the party entitled to said crops as provided in 7 and such party shall be entitled to the insurance proceeds. 11. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed by either the seller or pur- :haser as herein provided, then this contract,at the option of the party who is not in default,ma se the non- defaulting party may recover such damages as ma Y be terminated by such terminated, then all y be proper. In the event of such default by the seller,and the purchaser elects to tparty,in reat the ch acontact as payments made hereon shall be returned to the purchaser. In the event of such default by the purchaser,and the seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf of the seller. In the event,however,the non-de- faulting ing party glects to treat this contract as being in full force and effect,the non-defaulting party shall have the right to an action for specificperform- ance and damages. de- 12. Except as stated in paragraph 5, if title is not merchantable and written notice of defect(s) is given by the purchaser or purchaser's agent to the seller or seller's agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any,to seller;provided however, that in lieu of correcting such defect(s), seller may, within said 30 days, reflecting rt title insuranceY , obtain a commitment for owner's title insurance policy in the amount of the purchase price lieu of such t meinsurancleprooltection in elregshall to such defect(s),and the purchaser shall have the option of accepting the then existing insured title in by the pay the full premium for such owner's title insurance policy,and the abstract,if an pu merchantable any,shall be returned 13 Additional provisions This offer is contin rant u on urchaser obtaining a s racial use ermit fora 250 cow dair facilit from the Weld re ulator agent . 14 If this proposal is accepted by the seller in writing on or before February 20 ecr senor and purchaser and shall inure to the benefit of the hers, successors and assigns of such parties ,this instrument shall become a contract Cr riser _ 2 / Agent Wheeler Real t C Date Srller accept— s t--he above proposal this / 'day of the gross sales price for se vices in this transaction, and agrees that, in t i 19 u ( fana agrees to pay a, suchcomm p y of drvrded between the seller's broker and the seller, one half thereof to said broker, but rnot to f exceed the commission, and the balance to the seller. ( payments made by purchaser, such payments shall • Selrgr S j Lens - 801 WeUl County Rd. 6E , Berthoud, CO`"er `,eser's Add!ess Mehl - 3208 So. Co. Rd. 29 Loveland CO 80537 •'s Address _--- age-7 c3) L72-zzie, 0 44, ,7/0/. 7/-Li c' L) _r V CE) - - -16€' r„,,,e,d?„��vtJyc1 - - • �o-iv ,..� d<„ ,¢ � /77 p_- a • eel_ ,77.-et-I-77-, c;e'es%s , O6;7 ��-✓ .tivz�-�i _ _A*1( Ali/ - PHONE '33: 35:-45J0 E\- 4: GREELE",COL..,,-,DL f7 I March 31, 1981 IJ COLORADO To Whom It May Concern: Your are receiving a copy of this notification because your name appears as a surrounding property owner owning surface property within 500 feet of the property under consideration or as an owner or lessee of the mineral estate on or under the subject property. The Weld County Planning Commission will review a request from Robert Lewis, et al for a special use permit for dairy and horse operations on property described as follows : NE% and part of the SE%, Section, 14, T4N R68W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is: 2 miles west and 1 mile south of Johnstown If you have any suggestions or objections, will you kindly notify us in writing before April 14, 1981 . The meeting by the Weld County Planning Commission is scheduled for April 21, 1981 This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at 1 : 30 p.m. If you have any questions concerning this matter, please contact the Department of Planning Services at 356-4000, Ext. 404. //Pe-•d 4. , Zoning Inspector PETITION SUPPORTING SPECIAL USE PERMIT Board of County Commissioners of Weld County, Colorado Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Dear Commissioners: We, the undersigned owners of property located within 500 feet of the property described in the application submitted by Rohzaf ,L2,(A) . S , herby petition you to grant this request for Doi' r7 use. Signature Mailing Address Description of Property Ch e 604 O7 6 9 A.41,-42?-6_5-9- STJ e pc lit)/ e e/4,;-(4. Q Lc5 � f S © f_ , razz-,--.4 I r (d) vl 1, en / gay Ale � . F.8 /2 MAILING LIST SUP-465:81:11 March 31, 1981 Robert Lewis, et al Leighton and Mary Wyscaver Route 1 Box 128 Berthoud, Colorado 80513 Nick Sekich, Jr. and Echeverria Land Company Route 1 Box 274 Longmont, Colorado 80501 Chester Cresswell and Company 2009 Ponderosa Drive Loveland, Colorado 80537 Frances Rutt Route 1 Box 3 Johnstown, Colorado 80534 Cornelia Rudolph 54999 Martinez Travel #102 Yucca Valley, California 92284 United Bank of Denver National Assoc. Trustee c/o Georgia Purdy 77910 East Camelback Road 301 Scottsdale, Arizona 85251 c /Y_.vit) SUP /); ZZIC/ C)Cuie, %L cA..,X12. ecizo.Liccie/�ce._, >tc, rz__ C'n< 3). ailaratiLIZJ 026a0W-eiZ °' CO. ,z)2(X)9 i0(2,- re_op_lyda.. >°6suQQCu`2Ce, 80537 4). kanca.„ _ / 8O y_ , e3r,534 sg 999 CrEau2L , yuc(a Fc.2 c264, ,Oenu4.,0„ vcLe 0/2,z60-7/ u . _ ,Yez-/-12°60 lebed_v_ . 779/6 toctdc 30/ k.5C'6ttJLd'Qi . OL/21g.oitccJ 8525-/0 if xis2ttira) rod I - _l ) - - ../x:/ - - i �-- /.=:x024 _— - / - - _ . /3-erztiz,_‘4..?c/. _ _ _ - - - ./ - /� - - - _ft/ / -/9 - - �0et,, / 0/- /4 022 • 4n.)-2, gI 61_)?._Lko-uLa[ nas---) :.>_) /cam/- / 3 0 /3 --_ - --- H 12-2-99 b-,-.. L.cAy-e- Ga_v ct, / iii —i,3 no c2 - -- - _ `Actfc_Lo `--1 ...2-L2t:t. _ _ (__Vfn,s t.,(3)-•) 8O5 39- -c // / .)&/- // - n/,3- . Cv y s- 999 /32 7r≥ cz_4, -k-76 __A./ c Ca- 0_ 1.,./J__6 , /c)40/ — // - 0C c4),i) _ 661?< /_.(d ,�`;% 1,/" (.:(')/ C�// ;/ j, , .://,;10,x duff ' , . _})/(. .9. / (/y/l� -ate: 3 ----C1 _ �l WASTES INVENTORY LIVESTOCK FEEDING OPERATIONS County: 1,0 Company Name and Address IScl" ()(1 :7 Type of Operation : Feedlot Dairy Farm Other : Stockyard Hog Farm Average Stock Population (Give daily and monthly changes if any) I s 011,&.- ,U.X. � t��t�i� J ° -`u" 6.P2 5 0 /4 6.11.4 a- . Total Stock Pen Area and Capacity 3 ,4 Cy-e Are Stock Pens Paved? /1/e) Method and Frequency of Disposal of Manure PL 6 0o t-' .40.9. .14 :_ rz� ;� 5d�-'L cl . h� 0 ( r, / 14 S Fly Control Method _, " _S /� v Rodent Control Method Treatment and Disposal of Stock Pen Drainage eft Stream or Water Body Receiving Drainage (Name , Distance , and Direction ) .1- LM-e-- yyl J cf,7PL How is Area Zoned? rt` Distance and Direction from Nearest Community Method of Dead Animal Disposal 0 Prepared by: ‘,._44.1.1 6,r1,c,4 CAC:sap 4/17/78 III ry♦AwwAti nt n i A nAA IOLrfAI. ApA.y yAAv,,, y .. . _.. ,te : 3- �f - o x 1 WASTES INVENTORY LIVESTOCK FEEDING OPERATIONS County: Weld Company Name and Address U..)e.\� QO�.:,tiT y Rd M_ U Type of Operation : Feedlot 3ccc,,S3cs Dairy Farm Other : /Wp/7,56--s 5 PO-Iftv 2-00 Stockyard Hog Farm /0O Average Stock Population (Give daily and monthly changes if any) ,, Total Stock Pen Area and Capacity 7c&vo x c Sftwo1 {�;,as�� t2� /'40,5y �e% (W /cR,so TaoU� •c�/c_ toes d Reis/ Are Stock Pens Paved? AD Method and Frequency of Disposal of Manure 3eRc; e` A fucks c-s Re7Jtuved Fly Control Method Rodent Control Method Cr, 5 d � ;I ,5 Treatment and Disposal of Stock Pen Drainage A8sai ito.4.1 Stream or Water Body Receiving Drainage (Name , Distance , and Direction ) 0tie_ How is Area Zoned? o jrvt,('C Distance and Direction from Nearest Community � . esT /savl�( ,17,1, -1-,,,,; Method of Dead Animal Disposal R.Q.c,LR Itici Sk_R O ,c Prepared by: Ze}:4O- ..A" e CAC : sap 4/17/78 LITTLE . HOMPSON WATER IISTRICT DIRECTORS: TELEPHONE 532-2096 DEAN G. ANDERSON, 307 WELCH AVENUE PRESIDENT DRAWER G CHARLES ALLEN BERTHOUD. COLORADO 60513 LOUIS F. DEIN PAT DORSEY DAVID MCGEE E. THOMAS RICORD CAREY J. SALOMONSON MANAGER: LOVILO H. FAGAN March 24, 1981 Weld County Dept. of Planning Service 915 10th St. Greeley, Bolo. 80631 Gentlemen: The Little Thompson Water District can supply domestic water to property owned by William Mehl and Robert Lewis located in Section 14, Twp 4N, Range 68 West upon receipt of tap fees and compliance with the rules and regulations of the District. Very truly yours Little Thompson Water District .---?.cf'Z77-`, Lovilo H. Fagan, Manager LHF:lml cc: APP SOIL CONSERVATION SERVICE - CHANGE OF ZONE REQUEST RE: Soil Survey and Interpretaion DATE: ;r ,, ,,, / =j / 1/ TO: ATTN: Soil Conservation District Zone District Proposed Gentlemen: I wish to request your technical assistance to supply me and the Weld County Planning Commission with a soil , site and land inventory interpretation on land which I own located as follows: (Please be specific - show legal description - attach sketch map, if necessary. ) �^/` ' l/ /__- /�� /' /, (, � /Ll-i/�,�. f y��", t, � /l✓ '"1\ t a '. t; -�'Y, )fi r My intended use of this land for which I require soil information is: //,k it•}/ l/i.a(,?,/( 7 , - 7 Please review for the following: 1. moderate or severe soil hazards 2. other hazards or limitations to use of the land 3. prime agricultural land I understand that this soil survey and interpretation is intended to assist me in gaining knowledge of the physical features of my soil and does not necessarily replace on-site investigation or tests for special physical hazards and/or design or constitute any type of official approval or disapproval for a proposed land use. Sincerely, Name Address J/ 37 — c arL' Phone Approved for Technical Assistance ( if applicable) Supervisor Acidi/ess aez.e es-72- - Crce-A7C,7.91 /17,1,/ Weat.4,--;Azt.4-E_r2e1-7,,W 4Oek/k, $_y /75-V G(4,e, /(Z -5&/_, 3 6 _ 'I ah �� 7y9i & &1a .) •/ ,a/Z- VJ w(- / /a /y3 s fee— 76 lz 71 v o &eia_e_, /6, 6, /, , zij/Aaj., /77-ef-e ..?a0e9 7ee./2 ,4k,,ia,/ 44/0z,V(i, VO4 4)c)/ td 6 c i 1/ ,, 17)&4.&/26z- gg 76 /2-c g.44. h /,- )'1 712-e-601/ 02 b1710 &}fy1,t0 t 1hi?r2-Z hxp // /1 1, &)10,,A2,, > s3- z-o6.-) R , , �,� O,dtccd (?-6o0 O1 . (2,htlAjd P 365 FILE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE Hello