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Home My WebLink About830766.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A PALLET AND "AG" SER- VICE WORK - DUANE AND ELOIS OSTER 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 27th day of July, 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 Duane and Elois Oster, 22243 Weld County Road 53 , Kersey, Colorado 80644 , for a Use by Special Review for a pallet and "ag" service work, on the following described real estate, to-wit: Part of the SEa, Section 8 , Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado 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 request of the applicant and the recommendations of the Weld County Plan- ning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that: 1 . The submitted materials are in compliance with the appli- cation requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 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 and is consistent with the intent of the Agri- cultural Zone District in that the use does not constitute an interference with agricultural acti- vities. The use is both compatible with existing - agricultural activity and with land use which is contemplated to be agricultural in the Comprehen- sive Plan. b) No Overlay Districts affect the site. Operation and design standards provide adequate protection of the health, safety and welfare of the neighbor- hood and the County. 830766 , _ I -2 -7 Page 2 RE: USR - OSTER c) The proposal is allowed as a Use by Special Review in the "A" (Agricultural) Zone District. 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 pallet and "ag" service work on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached standards for Use by Special Review be adopted. 2. The plat for the Use by Special Review Permit be placed of record by the Department of Planning Services staff prior to any building permits being issued on the site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of July, A.D. , 1983 . . . BOAR OF TY‘1)1ATTEST: 0.4 L� , &tln4Attr' WELDDCOUNTOUNCOLORADOSSIONERS o Weld County Clerk and Recorder and Clerk to the Board C ck Carlson, Chairman By: aA.4 Vekilt-/ 'T, /J - / Deputy County rk T. Martin, Pro-Tem APPROVED AS TO FORM: EXCUSED - DATE OF SIGNING Gene R. Brantner °C7.21- KjC7(7)ela° Att orney torney Norman Carlson 6 cqu i ne J.h on DAY FILE: August 3 , 1983 OPERATION STANDARDS Duane and Blois Oster USR-556:83:19 1. The use permitted on this site shall be a Pallet and Agriculture Service operation as described in the application materials on file in the Weld County Department of Planning Services. The proposal shall not exceed five (5) employees as identified in the application materials. 2. The proposal shall comply with the design standards for Uses by Special Review, Section 24.5 et seq. of the Weld County Zoning Ordinance. 3. The proposal shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. of the Weld County Zoning Ordinance. 4. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 5. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. RA:dg HEARING CERTIFICATION DOCKET #83-31 RE: USR, A PALLET AND "AG" SERVICE WORK, DUANE & ELOIS OSIER A public hearing was conducted on WMne day, July 27 , 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, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated June 20, 1983, and duly published June 23, 1983, in the TaSalle Leader, a public hearing was held • for the purpose of considering the request of Duane and Elois Oster for a Use by Special Review for a. pallet and "ag" service work. Lee Morrison, Assistant County Attorney, read this request into the record. Rod Allison, Planning Department, read the favorable recommendation, which contained conditions, into the record. Mr. Oster was present and he explained that his business consists of building pallets. Commissioner Johnson moved to approve the Use by Special Review permit for Duane and Elois Oster with the conditions as recommended by the Planning Commission. Commissioner Martin seconded the motion and it carried unanimously. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO rgliga Ch Carlson, lrman i .j7/LI/i Li Jo T. Martin, �ro-Tem EXCUSED DATE OF SIGNING Gene R. Brantner Norman Carlson fleletc.ATTEST: J.. . e e o son Weld County Clerk and Recorder and Clerk to the Board r puty County Clerk TAPE #83-81 DOCKET #83-31 LHR 2175 DAY FTT,F: August 3, 1983 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET # '`J ' -SI _ 3ie ! �j DOCKET # F(3 3 > c� � 5/ 3 - J7 ' O .� DOCKET # d 34 - In e-r g 5 -yG 3 - ss' MLt PLEASE write or print legibly your name , address and the DOC 4 (as '_ ted above) or the applicants name of the nearing you are attending. NAME ADDRESS HEARING ATTENDING ckftnall A/Lg C/1. 6-z/c9 G[O:/ -fe /_ J,1 CI js_s.s 7 14,,,„ 4 us' s G) ?o r„----74 /Qc44- /2v9≤ na - _, - ovic,JLe& eact 2 u 9 G QBQ , r Y---freer-r Cer Sl 2_1 f `(mac /.c elf 4S "-it- , /�� ea,---47(71: 2/ 10.E .are e- 37 Po y 7 ��'�, ( ?64so � 4JZ?t n/ e1 &); s 6 ?'T 1/e „ye.- e6 sro d 17 ?3 -3y / _.Oil/,I/a/ LJr //(04 (ole 000Tli4✓i//a gt S. cilaaICaj. lo//if 6, Ar.64 16:54 /O St/ '��0ut , t°c�...�Bz� , ( 01 d//1J4<1 Lei(A. /? 3 G L.JJJ) 1�',4 v �'a`. in i az 8'`z/ ';r.7- 6.47t, C9 aLi, / i t 3/. Z3i.Gal Pp ' c( Ifi? G u (1C . S ° / Pk/ &1.lz&79-e . ,c35'? Gt eiZi i Cue ,o go no..2/- liegds * en /5351 t4-4.7,17 1y C. '/3r3// et= p NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, 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 Use By Special Review 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. DOCKET NO. 83-31 APPLICANT Duane & Elois Oster 22243 Weld County Road 53 Kersey, CO 80644 DATE: July 27 , 1983 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - a Pallet and "ag" Service Work LEGAL DESCRIPTION Part of the SEA, Section 8, T4N, R64W of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Tommie Antuna, Deputy DATED: June 20, 1983 PUBLISHED: June 23 , 1983 in the LaSalle Leader Affidavit of publication STATE OF COLORADO ) is COUNTY OF WELD jr /74 _�e>l being duly sworn, says that he/she is publisher of the Platte Valley VOICE, a weekly newspaper published and printed in Kersey m said County and State; that said newspaper has a general -� circulation in said County and < Y ` has been continuously and unin- terruptedly published therein, during a period of at least • fifty-two consecutive weeks prior to the first publication of the annexed notice; that said " n' 6iar ^ kp newspaper is a newspaper with- in the meaning of the act of the General Assembly of the State of Colorado entitled "An Act to regilate the printing of legal ,4 e t , >p . yr notices and advertisements," n,1.r and amendments thereto; that the notice of which the annexed is a printed copy taken from said newspaper, was published In said newspaper, and In the MM� .A regular and entire issue of .uW . every number thereof once a ti y a rr 0 C- --I 1.�, . I'' , -. .. week for - �_-- successive weeks; that said notice was so published In said newspaper proper and not I i any supple -- " � ��, ment thereof, and that the first `"""""P'"'"" publication of said notice as afosaid was on the -r e -L Ar*dsa`- _ day of _.1.LN-- 198 try, 4B • r and the last on the --- day of lY AL 7 ,. 1_Yeti- Subscribed and sworn to before 29th July me this --- day of 19 8 --}. Notar Publ 301 1st St, , ersey, Co. My Coldr Eebivary :iS, 1986 • Affidavit of Publication STATE OF COLORADO, ), S3. County of Weld. fi at said County of Weld being duty-ewer( soy that.-. r it l am o luher of urz., trtr.. 71 that the same is a weekly newspaper of genera; emulation p.-S itiprisd anrt_published in the 4 7f �w. W town of o in said county and state; that the nonce Cr adver liniment. of which the annexed is a true ropy, has been published in said weekly newspaper for ronaecuuve • weeks- that the notice was Published in the regular and enure :aaue ci every number et said newspaper during the paned and time et publi- cation of said notice and in the newspaper proper and not in a supple.nent thereof: char the lint publication of said nonce was contained in the issue of said wspaper beanna date th, day of . A.D.. and :he last pubucaucn trere,f. it the issue e: 11 s -newspaper bearing date the „WY day Cl ilk 19£ that the said has been published continuously and uninerrupt. edly during the paned cf at least fifty-two con- secutive weeks next prior to the first issue thereat containing said nonce or advertisement above referred tot and that said newspaper was at the r 1 •!p� time of each of the publL=bona of said notice. duly qualified for that purpose within the mean :f1f in;of an act. entitled. "An Act Concerning Legal Notices. Advertisements and Publicanen, and the Fees at Printers and Publishers thereof, and to Repeat all Acts and Parts of Acts in Conflict with the Provisions of this Act.- approved April 7, 1921, and all amendments thereat- and partcu. lady cs amended by an cat approved. March 30. 1923. approved May IR 31. d^ �/ Pub' Subscribed CLJcn worn to before me his .... �J c..Y •/�S O L7/lo�.�i �J. 1?sFa� . ? My commission expires Nctcrr Public .:LIZABETH MASSEY 22019 W.C.RD. 54 GREELEY, Co 80631 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date June 7, 1983 Case No. USR # 556:83:19 APPLICATION OF Duane and Elois Oster ADDRESS 22243 Weld County Road 53, Kersey, Colorado 80644 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 A Use by Special Review Permit located on the following described property in Weld County, Colorado, to-wit: Part of the SE', Section 8, T4N, R64W of the 6th P.M. , Weld County, Colorado be recommended (favorably) (mRfAXRnkjy) to the Board of County Commissioners for the following reasons: The Weld County Planning Commission recommends that this request be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 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: Motion seconded by Fred ntig Vote: For Passage Fred Otis Against Passage Ed Reichert Bob Ehrlich Jack Holman Jerry :Kiefer 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 June 7, 1983 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 8th day of June , 1983 . Secretary USR-556:83:19 Duane and Elois Oster A Use by Special Review Permit for a Pallet and "ag" Service Work Part of the SE', Section 8, T4N, R64W of the 6th P.M. , Weld County, Colorado June 7, 1983 Page 2 - The proposal is consistent with the Comprehensive Plan and is consistent with the intent of the Agricultural Zone District in that the use does not constitute an interference with agricultural activities. The use is both compatible with existing agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. - 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. - The proposal is allowed as a Use by Special Review in the "A" (Agricultural) Zone District. The following, conditions are felt necessary for approval of the proposal: - The attached standards for Use by Special Review be adopted; - The plat for the Use by Special Review Permit be placed on record by the Department of Planning Services staff prior to any building permits being issued on the site. RA:dg Date: June 7, 1983 CASE NUMBER: USR-556:83:19 NAME: Duane and Elois Oster REQUEST: a Use by Special Review Permit for a Pallet and "Ag" Service Work LEGAL DESCRIPTION: Pt. of the SE4, Section 8, T4N, R64W of the 6th P.M. LOCATION: Approximately 4 miles south of Kersey on WCR 53 THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: The Department of Planning Services staff recommends that this request be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 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 and is consistent with the intent of the Agricultural Zone District in that the use does not constitute an interference with agricultural activities. The use is both compatible with existing agricultural activity and with land use which is contemplated to be agricultural in the Comprehensive Plan. - 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. - The proposal is allowed as a Use by Special Review in the "A"' (Agricultural) Zone District. The following conditions are felt necessary for approval of the proposal: - The attached standards for Use by Special Review be adopted; - The plat for the Use by Special Review Permit be placed on record by the Department of Planning Services staff prior to any building permits being issued on the site. RA:dg 804-81-915 OPERATION STANDARDS Duane and Elois Oster USR-556:83:19 1. The use permitted on this site shall be a Pallet and Agriculture Service operation as described in the application materials on file in the Weld County Department of Planning Services. The proposal shall not exceed five (5) employees as identified in the application materials. 2. The proposal shall comply with the design standards for Uses by Special Review, Section 24.5 et seq. of the Weld County Zoning Ordinance. 3. The proposal shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. of the Weld County Zoning Ordinance. 4. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 5. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. RA:dg CASE SUMMARY SHEET Case Number: USR-556:83:19 Size of Parcel: 2.2 acres, more or less Request : A Use by Special Review Permit for a pallet and "Ag" Service Business Staff Member to Contact : Rod Allison Possible Issues Summarized from Application Materials: None. The "Ag" Service operation has existed for several years under the "grandfather clause". The owner has a signed petition from surrounding property owners supporting the proposal. FIELD CHECK FILING NUMBER: TTSR-556.83:19 DATE OF INSPECTION: May 17, 1983 _ NAME: Oster REQUEST: Use by Special Review Permit for a pallet and "ag" service operation LEGAL DESCRIPTION:__Part of the SE', Section 8, T4N, R64W of the 6th P.M. LAND USE: N Agricultural production E Weld County Road 53. residence and agricultural production S_ Recrfdence and agricultural production W Gas well and pasture ZONING: N Agriculture LOCATION: Approximately 4 miles south of E Agriculture Kersey on Weld County Road 53 S Agriculture W Agriculture COMMENTS: Access to the site is from Weld County Road 53, a paved. road. Access to the property is a circle drive. This proposal is located in the old Valley View School house. A single family dwelling exists on the north part of the property (owners home) . There is no slope to the subject site. The owner is cleaning-up junk on the site (scrap metal, refrigerator, cars and tires) . BY: 17a6,16/04, -aC z-G/�. • APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado SS6 "3Phhonee�- 356-4000 - Ext. 400 Case Number U S�\- / :19 Date Received 4'/y 2, 983 Application Checked by Application Feed! Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary — — signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:Southeast rnrnAection R • T 4 N, R 64W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Southeast corrthection 8 T 4 N, R 64 W Property Address (if available) 22243 Weld County Road 53 Kersey Co RUAhL. PRESENT ZONE Ag OVERLAY ZONES None TOTAL ACREAGE 2.2 PROPOSED LAND USE Pallet and Ae Servir Wn� -- EXISTING LAND USE: • SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Duane F. nstpr And Elnis r, nstez Zip 80644 Address: 22243 WC Rd City Kersey, Home Telephone # 264-6634 Business Telephone # 284-66'34 Name: Zip Address: City Home Telephone #_ Business Telephone # Name Zip Address: City Home Telephone #_ Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Zip Address: City Home Telephone # Business Telephone # Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the WeldCounty Assessor's Office: Name: CGee_ a44ac'aJJul Zi• _ . City Y U r�j1 , Name: Address: City Zy lit'1;' p 1Sc3 Name: Address: City Zip Weld tu. Flaming, Commission I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct. to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) e � C \‘ i \ ,., S fgilat� Owner or Authorized Agent i Subscribed t�end•sworn to before me thin�a day of^ynaa.h 19 153 • ath`` NOTARY PUBLIC My commission expires My Commission expires Feb 11 19R% YY a " K1e.�t,H,r al. ,. ./..;;,�r. Y R, ••4 ,.411 ;•, • "..,'t ,.. • c• . . i'l.,- ,. .7ty ..‘,,c... \ {4,°4 • Y•r• • Y 4 �'; • .. k � kg � ,, yid -1•* a '''.4„,„„ I _ 6 n p` s (,may.. �...•7. gg '? t p I M, .r h � JT i � a 14.44",r,'`.��+ _ ' sr Zx } 3 Y • ry dR • gg .. ..�rx 1 e a w,`LT }Ati,Y *14- 41 ¶4 4a F'. y' W ; 4. ^fc ?t 1 r l C 1. a.-b. This pallet business is in consistent with Weld County Planning Commission because it is Ag related. The business would be supplying pallets for businesses as potatoe and onion growers, sod farmers and beef processing plants. c. The area the business is located is a farming community. Our property is an old country school. (Valley View School). The business would be located on the south side of the school on an asphalt basket ball court. d. The use of the land would be in consistent plan of W.C.P.C. for Ag related service and uses. e. We are not in an overlay district. f. We will be putting an extension on the south side of the school building. There will be no other changes on the property. g. There would be no hazardous materials used. The materials used would be wood and nails. There would be some noise from the nail guns which are run off air compressors. ( 5. a. We would be making wood pallets. Also supplying service work on Ag equipment for the neighbors. b. Our closes neighbor is 150 ft. from the south. c. In the beginning we would employ one employee and run one shift. If the demand for the pallets increase we will be increasing to the maxium of five employees. d. We would have approximately five buisnesses buying pallets at this time, the biggest one being Monfort Pack. f. Does not apply. g. The building is being erected to store the raw materials in one end, as need they will be moved into the middle, which will be the area where the pallets will be assembled. The other end will be the area where we will store the finish product. h. One to two semi-truck loads of new lumber will be brought in each month. One to eight loads of finished pallets will be delivered out each week. The route would be north on road 53 to Hwy 34 or 8th street into Greeley, Loveland, and Ft. Collins. i. The restrooms would be located in the school. j. Scrape lumber and saw dust would be no problem to get rid of it could be used in woodburning stoves. k. Does not apply. 1. Can be in production as soon as possible. • m. Shown on schedule. n. Does not apply. o. The fire inspection trainer for Kersey has inspected the site and said that two or three fire extinguisher should be adequate. We the land owners within 500 ft. of Duane and Elois Oster understand they would :Like to put in a pallet making business. We the undersigned also understand there will be the noise from the air nail guns. We also understand there will be an addition on the south side of the school to house the pallet making business. Signature We object to this proposal. /)7,7,2,- (g 7,1 We do not object to this proposa� • � , , ,_ ✓�` Comment: de.-42411 -tee We object to this proposal. We do not object to this proposal Gl � « -- Comment: ✓/ m We object to this proposal �e �Y 2yy,�� We do to this proposal. Comment:, We object to this proposal. We do not object to this proposal. Comment: C C MAILING LIST USA 556 Lloyd and Marcine Kempema 22201 Weld County Road 53 Kersey, Colorado 80644 Loren and Joan Gehring 22453 Weld County Road 53 Kersey, CO 80644 Vern Johnson 26655 Weld County Road 46 Kersey, CO 80644 Hello