HomeMy WebLinkAbout20033314.tiff SEP-23-2003 01:47P FROM: TO:3046498 P:1/2
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Fax Cover Sheet
Bethel Family Praise Center
820 Ponderosa Place
Eaton,CO 80615
Phone: 970-454-3505
Fax: 970-454-3505
Send to; From: Amino Alvarez
Weld County Planning Services
Attention: Michelle KotYn/rliuk Date: 09/23/2003
Office Location: Greeley, CO Office Location: Eaton,CO
Fax Number. 970-304-6498 Phone Number 970-454 3505
❑ Urgent
❑ Reply ASAP
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U For your Information
Total pages, including cover 2 i
Comments:
26o8- SW
EXHIBIT
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SEP-23-2003 01:47P FROM: TO:3046498 P:2/2
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e PtAei<C1 , `gieal enter
P.O. Box 176
Eaton, CO. 80615
Phone (970) 4,54-3505
Pastor David Alvarez
September 23, 2003
Weld County Planning
1555 N. 17th Ave.
Greeley, CO 80634
Attn. Michelle Katyryniuk
Dear Michelle,
Upon reviewing our application for Special Use(Case if USR-1429) we realized that we
have limited the use of our property to very restrictive hours. In the beginning of this
process, we were thinking of only the hours we would need to be open for daycare/school
and wasn't thinking about any special events the church would have. We have thought
that in the future we may want to hold revival meetings in the evening, but because of us
limiting ourselves to set hours we would not be able to do so
We would like to propose a change to the hours we listed on our application. Currently,
we have Hours of operation from 6:30 a.m. to 6:30 p.m. Monday thrtt Saturday and 9 00
a m. to 9:00 p.m. on Sunday with extended hours on Wednesday to 9:00 p.m We would
like to ask that the hours be extended until 10-00 p.m. Sunday-Saturday. This does not
mean the property would be used all this time,but it would allow us to use it should
we want to hold special meetings. We would also like to request 2 weeks per year that
we could have use of the property 24 hours continuously This would be for things such
as teen activities, youth camps, etc.
We apologize for these late changes, but we want to avoid any conflicts in the future.
Your help with this matter is greatly appreciated.
Sincerely,
µ.pm
Rev. David Alvarez
Pastor
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS October 5, 2003 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR USR-1429 IN THE AGRICULTURAL ZONE DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign
4-,4
Signatu of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD ) l
The foregoing instrument was subscribed and sworn to me this c; day of (liar{ , 2003.
WITNESS my hand and official seal.
1
� JYI
Notary Public
My Commission Expires: Li 7 X1(1-
EXHIBIT
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10/14/2003 6:01 PM FROM: Fax TO: 454 0772 PAGE: 002 CF 002
Crop Air, Inc.
P.O_ Box 266
Eaton,CO 80615
October 14, 2003
To Whom It May Concern:
I am the owner of an aerial application company that serves growers in the Weld,
Larimer, and Morgan County areas. We have been in business since 1976.
It has recently come to my attention that a proposal has been made to construct a
church with possible future plans for a daycare center and school at the-intersection-of
county roads 41 and 78. This type of construction outside of town in an agricultural area
is extremely detrimental to agriculture in general and to my type of business in particular.
For liability reasons, when something like this is built in a rural agricultural area,
conscientious aerial applicators will refuse to spray the crops which are located within
close proximity to this typo of structure. At the very least, a portion of the fields located
nearby will be left unsprayed, if not the entire field, which is very detrimental to the
growers' livelihood. It would certainly be much more sensible to build this type of
business in town!
My company has given up thousands of acres worth of work due to the expansion
oftowns as well as,other types of rural construction such as small housing developments,
leavift ntany falters with no means to protect their crops! I would strongly urge you to
prevent this type of infringement on our rural agricultural areas, as agriculture is what has
trade' s area what it is!
Sincerely,
Dana Gustafson, President
Crop Air, Inc.
EXHIBIT
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10/14/2003 15:45 97@z478T7 LOW LEVEL PAGE 02
LOW LEVEL DUSTING CO., INC.
AERIAL APPLICATORS OF COLORADO SINCE 1909
1192nd STREET-LaSALLE,CO 88845-f97Q1 884-7823
17284 ROAD 8•WIGGINS.CO 806S4•'t910)48a-770 ,
FORT MORGAN•(970)88T-9819
1.800-359-3870
October 14,2003
To Whom It May Concern,
I am co-owner of a crop ducting company that has performed aerial application in Weld
County for over 35 years. 1 was-contacted recently by acitizenwho informed me of a
proposal day care and/or school that may be opened in an agricultural area of Eaton.
This citizen asked for my opinion on the possible impact such a school/day care facility
would have on ow business and on ow ability to perform our services.
If this school or day care is near any agricultural fields that require fertilizing or chemical
treatments for such things as insect damage,disease,weed control,etc...,we would be
unable to perform these applications due to liability concerns.
Sincereel , Ca-#4C)
Lorne Sparks
Vice-President
.+.. . -•a-0p 04 :30 PN - EASTON AVIATION 97)2845215 P. 01
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COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2003, by and
between the COUNTY of WELD, STATE OF COLORADO, hereinafter called "County" and David and
Annita Alvarez (Bethel Family Praise Center, USR-1429) hereinafter called "ALVAREZ," and
WHEREAS, Alvarez has been granted a Weld County site specific development and a special
review permit for a church, childcare center, and private school in Section 29, Township 7 North,
Range 65 West of the 6th P.M.
WHEREAS, the USR generates an increase in vehicle traffic, and
WHEREAS, the existing County roads that serve the USR will require increased maintenance
and improvement due to the increase in vehicle traffic, and
WHEREAS, the County and Alvarez have reviewed maintenance and improvements proposals
put forth by Alvarez, and both parties agree that such maintenance and improvements will enhance
the accessibility and safety of the roads that serve said USR.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the County and Alvarez agree as follows:
1. Term: The term of this agreement shall be from the date first written above to and until
Weld County Road 78 is paved.
2. Location: The county roads that serve said USR are WCR 78 and WCR 41 .
3. Improvement and Maintenance to WCR 78:
A. The County shall be responsible for general maintenance, including grading and
snow removal.
B. Alvarez shall apply dust suppression chemicals on said roads, as needed, as
determined by the Department of Public Works, no less than twice a year. Apply
approximately 300 feet in front of each home along WCR 78 between WCR 39
and WCR 41, also the adjacent home across from the east entrance on WCR 41
and at both access points to the USR.
4. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained in this Agreement shall give or allow any claim or right of actions
whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
EXHIBIT
yS1f# 3 7 Y r.:R
Road Maintenance and Improvements Agreement
Page 2
5. Indemnification: To the extent authorized by law, Alvarez agrees to indemnify, save,
defend, and hold harmless County from any and all liability incurred as a result of acts,
omissions, or failures to act by Alvarez in her performance of the duties set forth in this
Agreement on those portions of said roads described in this Agreement. The term
liability includes, but is not limited to, any and all claims, damages, and court awards,
including costs, expenses, and attorneys' fees, incurred as a result of any act or
omission by Alvarez and its employees.
6. Modifications and Breach: This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other
agreements concerning the subject matter of this transaction, whether oral or written.
No modifications, amendment, novation, renewal, or other alteration of or to this
Agreement shall be deemed valid or any force or effect whatsoever, unless mutually
agreed upon in writing by the undersigned parties. No breach of any term, provision, or
clause of this Agreement shall be deemed, waived, or excused, unless such waiver or
consent shall be in writing or signed by the party claimed to have waived or consented.
Any consent by any party hereto, or waiver of, a breach by any other party, whether
expressed or implied, shall not constitute a consent to, waiver of, or excuse for any
different or subsequent breach.
7. Non-Assignment: This Agreement shall not be assignable without prior written consent
of County or Alvarez, whichever is the non-assigning party.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and
year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
By:
By: David E. Long, Chair
Deputy County Clerk
DAVID ALVAREZ ANNITA ALVAREZ
By: By:
owner's signature owner's signature
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