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HomeMy WebLinkAbout830739.tiff RESOLUTION RE : APPROVAL OF USE BY SPECIAL REVIEW FOR A. SOFTBALL AND ICE SKATING FACILITY - THURMAN HAYS, ET AL 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 7th day of September, 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 Thurman Hays, et al, c/o Clifton B. Neeley, Weld County Softball Association, 1836 21st Avenue , Greeley, Colorado 80631, for a Use by Special Review fora soft- ball and ice skating facility on the following described real estate, to-wit: Part of the NE4, Section 31, Township 5 North , Range 65 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 re- quest of the applicant 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, finds that: 1. The submitted materials are in compliance with appli- cation requirements of Section 24 .7 of the Weld County Zoning Ordinance . 2. Policy number six (6) of the Weld County Comprehensive Plan Agricultural Resource Management Policies states in part, that construction in flood plains will be discouraged. However, development of flood plain areas for recreation areas will be encouraged if they con- tribute to the environment or economy. The proposal does exist in a flood plain area and is for recreational purposes . 3 . 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 policies in that the applicant has selected the least productive agricultural land in the locational decision for the proposed use. The LHR 2198 »i0739 �[ Df`I6 Page 2 RE: USR - THURMAN HAYES, ET AL proposal does not appear to have any adverse im- pacts on the agricultural interest of the County or the environment. b. The proposal is provided for as a Use by Special Review. c . The town of LaSalle Planning Commission and the town Board have reviewed this request and recom- mended approval with conditions . d. The city of Evans has reviewed this request and recommends approval. e . It is the opinion of the Board of County Commis- sioners that the attached Operation Standards, as amended, will minimize impacts on the surrounding uses and the area to the greatest extent possible and provide adequate protections of the health, safety and welfare of the inhabitants of the area and the County. 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 softball and ice skating facility on the here:inabove described parcel of land be, and hereby is, granted subject to the following conditions : 1 . The attached Standards for Use by Special Review, as amended, 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 . 3 . Prior to the issuance of building permits for any structures on the site, the owner or operator shall obtain a Flood Hazard Development Permit. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 7th day of September, A.D. , 1983 . /✓( ,�.J v� l 4L�✓ BOARD OF COUNTY COMMISSIONERS ATTEST: U WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED - and Clerk to the Bogrd ---,\ Chuck Carlson, Chairman BY: . ,_n;8 �L_ .43' A72____ - L eputy County erk J T. Martin, Pro-Tem APP1OV D AS TO FORM: f_/i - Gene R. Brantner rC^ l ie tie 0-- County Attorney Norman Carlson Ja.que %ne J.flson DAY FILE: September 12 , 1983 THURMAN HAYS, ET AL USR-569:83:32 OPERATION STANDARDS 1. The permitted use shall be a softball and ice skating facility as described in the application materials. The facility shall include the following: - Three (3) softball fields to be located on the parcel in accordance with the revised plat; - One (1) ice skating rink to be located on the parcel in. accordance with the revised plat; One (1) concession stand; - One (1) area for parking to be located in the southeast portion of the property, as identified on the revised plat. 2. There shall be only one (1) point of ingress and egress to the facility from Weld County Road 394. The access point shall be a minimum of three-hundred (300) feet from the intersection of U.S. Highway 85 and Weld County Road 394. Prior to construction the Weld County Engineering Department shall approve access construc- tion standards. 3. Vehicular traffic flow on the the facility shall be limited to the parking area and access road leading to the parking area. 4. The concession stand shall conform to the rules and regulations governing the sanitation of food service establishments in the State of Colorado. The concession stand shall obtain a license and approval from the Weld County Health Department. 5. The facility shall have a minimum of one (1) portable toilet for women and one (1) portable toilet for men. An adequate number of portable toilets shall be used, serviced and cleaned regularly in such a canner that they do not cause a nusiance or public health problem. A septic system to handle the sewage load shall be installed when donestic water is brought to the site. 6. The facility shall be maintained in such a manner that it is kept free of trash and rubbish at all times. 7. Prior to commencing with the proposed use, a right turn decelera- tion lane shall be installed to accomodate right turns onto Weld County Road 394 from U.S. Highway 85. The right turn lane shall meet minimum standards of the Colorado State Highway Department. 8. The softball fields shall be no closer than sixty (60) feet to the south edge of the Latham Ditch. 9. Prior to commencing with the proposed use, each softball field adjacent: to the Latham Ditch shall have a six (6) foot fence enclosing the outfield. 10. There shall be no activity of any kind in areas designated as open- space on the revised mylar plat. 11. A telephone system shall be installed, prior to commencing with the proposed use, as requested by the town of La Salle. 12. The permitted use shall comply with Section 24.6 et seq. (Operation Standards for Use by Special Review) of the Weld County Zoning Ordinance. HEARING CERTIFICATION DOCKET #83-53 RE: USE BY SPECIAL REVIEW, SOFTBALL & ICE SKATING FACILITY, THURMAN HAYS, et al. A public hearing was conducted on September 7 1983 at 2:00 P. M. , with the following present: Chuck Carlson Chairman - Excused 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, R. Russell Anson Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated August 22, 1983, and duly published August 25, 1983, in the La Salle Leader, a public hearing was held for the purpose of considering the application for a Use by Special Review, softball and ice skating facility, for Thurman Hays, et al. Russ Anson, Assistant County Attorney, read this proposal into the record. Rod Allison, representing the Planning Department, read the favorable rewiunendation of the Planning Commission into the record. Mr. Allison also read the recommended conditions into the record. He said he had received a phone call from Mr. Park, president of Lower Latham Ditch Co. , requesting that there shall be nc parking of vehicles associated with the proposed operation on old Highway 85. Mr. Allison said if this recommendation is accepted, it could be added to Development Standard #3. Don Coy, representing the applicant,' came forward and gave a short presentation explaining what is being planned at this facility if this request is approved. Also appearing for the applicant • were Steve Case, secretary of the Weld County Softball Association,. and Clarence Gumby, area director for Northeastern Colorado U.S. Softball Association. Appearing in opposition to this proposal was Mr. Robert Moody. Mr. Gary, representing Calvin Petroleum Corp. , said that his company is not opposing this proposal, but because they will be drilling within the next 30 to 45 days, they are requesting that this matter be held off for a while. He said their concern is that if they have equipment in that area, they will need to have some document which will protect them and not hold them liable for any accidents and also if any damages occur his company will not be held responsible. Mr. Case said this did not pose a problem to them. After discussion, Commissioner Johnson moved to approve this Use by Special Review with the conditions as recommended, with Operation Standard #3 being revised to include that no parking be allowed on old Highway 85. Commissioner N. Carlson seconded the motion. Commissioner Johnson added that it should be indicated in the record that the applicant has full knowledge of the proposed drilling by Calvin. Petroleum Corp. After further discussion, the motion carried unanimously. APPROVED: BOARD OF COUNTY COMMISSIONERS A1'1''ST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Chuck Carlson, Chairman Deputy County Clerk T. Martin, Pro-Tem !- ;3--09,x.., Gene R. Brantner TAPE #83-97 s DOCKET #83-53 Norman Carlson LHR 2198 \ e co. ‘rt a. \VasY J... el' e John .n • DAY FILE: September 12, 1983 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET # 83-23 - Show Cause Hearing, Weld County Disposal, Inc. DOCKET # 83-42 : COZ , Freda L. Dreiling (Agricultural to Industrial-I ) DOCKET # 83-53 - USR, Thurman Hays, et al (softball & ice skating facility) PLEASE write or print legibly your name, address and the DOC k (as ._ _ tcd above) or the applicants name of the nearing you are attending . NAME ADDRESS HEARING ATTENDING '11 - = z �,z,.Th ,� x � � k,r 79�s /((5e / . 1 743- i __ ? A -7`,f.) a—x; (4-Miff-Nee //9�RRCc 6u�NM/y /to)' - 7-61:14 5 c AG,'Ect-n' if- 7 - 5"3 ('Le // / r .Y liel Cex .Y - 7 _. S3 %Lac. 11/7 o �, o jl 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. 83-53 APPLICANT Thurman Hays, et al c/o Clifton B. Neeley Weld County Softball Association 1836 21st Avenue Greeley, CO 80631 DATE: September 7, 1983 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - Softball and ice skating facility LEGAL DESCRIPTION Part of the NE;, Section 31 , T5N, R65W of the 6th P .M. , Weld County, Colorado . - BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff , Deputy DATED: August 22 , 1983 PUBLISHED: August 25, 1983 in the LaSalle Leader Affidavit of Publication STATE OF COLORADO, 1. as ry. ofof Weld. said County of Weld, being duly-sworn, say that.- I am pub Leber of NOTICE -- Pant to the aenin/Mars of the Mete of Colitis end the 'Weld that the same is a weekly newspaper of general Ceenfy WI MWreeMnq,a public circulation nted and published in the h.,Jw.win IN Pipe hi We aem 7 /.! Mn l of thelard of County town of /t �'/..'..-/11 - _ CMstalsehmm5 ef Weld County. in said county and state: that the notice cr cdver• OMbra0e,Weld County Centennial Canter, WS 10* Street,.Greet.,. tisemem. Of which the annexed is a true copy. Calerade,at me time specified.All has been published in said weekly newspaper perms la bey manner Interested In / We Use Sy,S ecIal Review are far -,.....— __consecutive requested to attend end may be weeks- that the notice was published in the Mord. regular and entire issue of every number at said IN IS ALSO KNOWN that the test ` I newspaper during the period and time at aid laps so certieed by the Weld Fubli' ' Captlty Planning Commission may cation at said notice and in the newspaper an eedd In the office al the proper and not in a supple:nent thereof: shot the Gerk Ile Me Earn of County first publication of said notice was contained in CeRuwlsslene s,located In the Weld County Centennial Center,Ws 10th the issue of said ewspaper bearina date. the Street,Third Pour,Greeley,Cob- .,/ reds.. >Z —ad day of � A.S.. la and the last pubii:at merccf, in the issue ci DOCKET NO.e143 APPLICANT i Thurman Nays,et al said m(,tir_/v{a,uoeper beating date. the,2:) day c: c/o Cllf en S.Keeley c Weld County Softball Association 19 'y' that the said ISM 71st Avenue t /? ores CO M431SQL f' ✓ !S/1_/'/'[/t DATE. September f, 11p TIME: 240 P.M. has been published continuously and unmterru t !OpyY :Use By Special Revue/ p- fM10N sad Ice shating sedlIty edly during the period of at least fifty-two con- LIMAS.DESCRIPTION secutive weeks next prior to the first first issue thereof 'RA eta NEW, .,Nan 11, sy, containing said notice or advertisement above RAW MfIua INS P.M.,Weld County, g Ceteldi referred to; and that said newspaper was at the BOARD OF COUNTY time of each of the publications of said notice COMMISSIONERS duly qualified for that purpose within the mean WELD COUNTY, ing of an act. entitled. "An Act Concerning Legal COLORADO Notices. Advertisement, and Publications, and BY:MARY ANN PRVERST DO COUNTY CI-EEK AND the Fees of Printers and Publishers thereof. and RECORDER ANDCLERK to Repeal all Acts and Parts of Acts in Contlic: TO THE BOARD BY:Mary Reiff,Deputy with the Provisions of this Act.'• approved April 7 DATED: August 12, l07 1921. and all amendments thereof. and • Published h the La Salle Leader patticu Thursday,August 75, 1983. laxly as amended by an act approved. March 30 19 t approved G.1- May 1/0, 1931. 23, ..!fisher... Subscribed and .(�sworn ��tte before me this ...: c_:.. l _�_...._........_.._.. A.D 19t� ? l ; My commission expires ._._�'_. 7 - Notary Public ELIZABETH MASSEY Zmi9 W.C.RD. 54 GREELEY, O) 80631 / , BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY il$STONERS AUG '1 9 1983 August 16, 1983 Case No. USR # 569:83:32 ' Date G,ate APPLICATION OF .Thurman Hays, et al GREE:LLY. GOLD. - ADDRESS c/o Clifton B. Neeley, Weld County Softball Association.- i8'36 21st AvF,nue Greeley, Colorado 80631 Moved by Sharon Linhart _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 Softball and Ice Skating Facility located on the following described property in Weld County, Colorado, to-wit: Part of the NE1, Section 31, T5N, R65W of the 6th P.M. , Weld County, Colorado be recommended (favorably) ( iggaW*) to the Board of County Commissioners for the following reasons: 1. The suuibitted materials are in compliance with application require- ments of Section 24.7 of the Weld County Zoning Ordinance. 2. Policy number six (6) of the Weld County Comprehensive Plan Agri- cultural Resource Management Policies states :in part, that construc- tion in flood plains will be discouraged. However, development of flood plain areas for recreation areas will be encouraged if they contribute to the environment or economy. The proposal does exist in a flood plain area and is for recreational purposes. Motion seconded by Bill McMurray Vote: For Passage DOUR Graff Against Passage Paulexte Weaver --- Sharon Linhart Bill MrMitrrary ,Tack Holman - - 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 _Augi,ct 16. 19R'1 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 17 day of _ August , lc 83 • Secretary USR-569:83:32 Thurman Hayes , et al A Use by Special Review Permit for a Softball and Ice Skating Facility Part of the !E1, Section 31, T5N, R65W of the 6th P.M. , Weld County, Colorado August 16, 1983 Page 2 3. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with section 24.3.1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the applicant has selected the least productive agri- cultural land in the locational decision for the proposed use. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is provided for as a Use by Special Review; - The town of La Salle Planning Commission and the town Board have reviewed this request and recommended approval with conditions; - The city of Evans has reviewed this request and recommends approval; - It is the opinion of the Planning Commission that the attached Operation Standards will minimize impacts on the 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. These determinations are based, in part, upon a review of the informa- tion 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 recommendation is conditional and based upon the following: 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. 3. Prior to the issuance of building permits for any structures on the site, the owner or operator shall obtain a Flood Hazard Development Permit. RA:rg THURMAN HAYS, ET AL USR-569:83 :32 ADDITIONAL COMMENTS 1. The County Health Department requested that the operators discuss their food service plan with the Health Department staff in order to minimize problems. 2. The Department of Planning Services has received two (2) telephone calls objecting to this request. The basic concerns were traffic on Weld County Road 394 and that the proposal had potential to attract a large number of young people to the area. 3. The Latham Ditch Company is opposed to the request because of the potential of attracting a large number of people within a close proximity of the irrigation ditch. RA:rg Date: Aug_st 16, 1983 CASE NUMBER: USR-569:83:32 NAME: Thurman Hays, et al REQUEST: A Use by Special Review Permit for a Softball and Ice Skating Facility LEGAL DESCRIPTION: Part of the NE%, Section 31, T5N, R65W of the 6th P.M. LOCATION: Approximately .25 mile north of La Salle; north of Weld County Road 394 and west of Highway 85 THE DEPARTMENT OF PLANNING SERVICE' S STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS: 1. The sumbitted materials are in compliance with application require- ments of Section 24.7 of the Weld County Zoning Ordinance. 2. Policy number six (6) of the Weld County Comprehensive Plan Agricul- tural Resource Management Policies states in part, that construction in flood plains will be discouraged. However, development of flood plain areas for recreation areas will be encouraged if they contribute to the environment or economy. The proposal does exist in a flood plain area and is for recreational purposes. 3. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with section 24.3.1 et seq. of the Weld. County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the applicant has selected the least productive agricultural land in the locational decision for the proposed use. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is provided for as a Use by Special Review; - The town of La Salle Planning Commission and the town Board have reviewed this request and recommended approval with conditions; - The city of Evans has reviewed this request and recommends approval; - It is the opinion of the Department of Planning Services staff that the attached Operation Standards will minimize impacts on the 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. These determinations are 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 recommendation is conditional and based upon the following: 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. 3. Prior to the issuance of building permits for any structures on the site, the owner or operator shall obtain a Flood. Hazard Development Permit. RA:rg THURMAN HAYS, ET AL USR-569:83:32 OPERATION STANDARDS 1. The perm:,tted use shall be a softball and ice skating facility as described in the application materials. The facility shall include the following: - Three (3) softball fields to be located on the parcel in accordance with the revised plat; - One (1) ice skating rink to be located on the parcel in accordance with the revised plat; - One (1) concession stand; - One (1) area for parking to be located in the southeast portion of the property, as identified on the revised plat. 2. There shall be only one (1) point of ingress and egress to the facility from Weld County Road 394. The access point shall be a minimum of three-hundred (300) feet from the intersection of U.S. Highway 85 and Weld County Road 394. Prior to construction the Weld County Engineering Department shall approve access construc- tion standards. 3. Vehicular traffic flow on the the facility shall be limited to the parking area and access road leading to the parking area. 4. The concession stand shall conform to the rules and regulations governing the sanitation of food service establishments in the State of Colorado. The concession stand shall obtain a license and approval from the Weld County Health Department. 5. The facility shall have a minimum of one (1) portable toilet for women and one (1) portable toilet for men. An adequate number of portable toilets shall be used, serviced and cleaned regularly in such a manner that they do not cause a nusiance or public health problem. A septic system to handle the sewage load shall be installed when domestic water is brought to the site. 6. The facility shall be maintained in such a manner that it is kept free of trash and rubbish at all times. 7. Prior to commencing with the proposed use, a right turn deceleration lane shall be installed to accomodate right turns onto Weld County Road 394 from U.S. Highway 85. The right turn lane shall meet minimum standards of the Colorado State Highway Department. 8. The softball fields shall be no closer than sixty (60) feet to the south edge of the Latham Ditch. 9. Prior to commencing with the proposed use, each softball field adjacent to the Latham Ditch shall have a six (6) foot fence enclosin.g the outfield. 10. There shall be no activity of any kind in areas designated as open- space or the revised mylar plat. 11. A telephone system shall be installed, prior to commencing with the proposed use, as requested by the town of La Salle. 12. The permitted use shall comply with Section 24.6 et seq. (Operation Standards for Use by Special Review) of the Weld County Zoning Ordinance. 13. The permitted use shall comply with Section 24.5 et seq. (Design Standards for Use by Special Review) of the Weld County Zoning Ordinance. Thurman Hays, et al USR-569:83:32, Operation Standards August 16, 1983 Page 2 14. The Use by Special Review Permit shall be limited to the plans shown hereon and governed by the Operation Standards stated above and all applicable Weld County Regulations. Any material devia- tions from the plans and/or Operation Standards, as shown or stated above, shall require the approval of an amendment of the Use by Special Review Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operation Standards shall be permitted. Any other changes from the plans and/or Operation Standards shall be filed in the office of the Department of Planning Services. 15. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Operation Standards. Noncompliance with any of the above stated Operation Standards may be reason for revocation of the Use by Special Review Permit by the Board of County Commissioners. RA:rg THURMAN HAYS, ET AL USR-569:83:32 ADDITIONAL COMMENTS 1. The County Health Department requested that the operators discuss their food service plan with the Health Department staff in order to minimize problems. 2. The Department of Planning Services has received two (2) telephone calls objecting to this request. The basic concerns were traffic on Weld County Road 394 and that the proposal had potential to attract a large number of young people to the area. 3. The Latham Ditch Company is opposed to the request because of the potential of attracting a large number of people within a close proximity of the irrigation ditch. RA:rg WELD COUNTY SOFTBALL ASSOCIATION, INC. 818 Twelfth Street Greeley. Colorado 80631 Phone (303) 351-7850 PURPOSES AND GOALS 1 To provide a facility for softball games, and tournaments. 2 To revive fastpitch softball in Weld County. I. men's E; women's) 3 To provide specialty softball leagues. such as: A youth fastpitch league ages 14 thru 18 A church slowpitch league An over age 40's softball league or Ary other underdeveloped program in need. 4 To utilize the facility in the winter for ice skating for income 5 To provide a clean and aesthetically pleasant addition to the community WI_L L) CCJLIN1 Y SOFT ASSOCIAT IUN. INC. I11 Twelfth it.reet Greeley. Colorado (10631 Phone 130;11 35I-705(3 PLANS. TIMING AND l_;UNSTRULJIION 1 We have changed our construction plans to include J fields rather than 4 upon the request of those who feared that a s.ofr.h�►II homerun ii ipht strike a passing auto. ' ui ent.ly e•:e have :tai eight. i8I tears fastlrit.cf► league in progress and if we cyan eventually Ii:Iht the facility. the :i field, will h& adequate for quite some time. .t Ir•dhe will enter a parkin.] lot area on the south east corner of t.t e facility where parking is adequate. traffic will be entering and exiting in stages as outlined in our application. sl We would like to erect at least one field this fall for a short fall league and for e>,posure to the community. r The facility will construct fields no closer to the highway than iN feet. and no closer to the Latham Ditch than 60 feet. lho perimeter will be fenced. r; We would like to have all three fields playable by June 1, 1984 'I We will riot. have lights this year. and will try to light one field tey the I91J4 season. By 19[15 we would hope that all fields would be lighted. :1 Concessions will be operated by a portable booth as a satellite ,:ff this Torn Foolery Steakhouse permit. provided that it is acceptable to tl>e r :nurrty I Ieal;.h Department.. WELD COUNTY SOFTBALL ASSOCIATION, INC. 818 Twelfth Street Greeley, Colorado 80631 Phone (303) 351-7850 RULES AND REGULATIONS OF THE PREMISES 1 THERE SHALL BE NO ALCOHOLIC BEVERAGES SOLD OR ALLOWED ON THE PREMISES AT ANY TIME. 2 TRAFFIC SHALL BE CONFINED TO THE PARKING AREA 3 PARENTS WILL BE HELD RESPONSIBLE FOR THE ACTIONS OF MINORS [a sign will be posted) ANY IMPROPER CONDUCT WILL BE CAUSE FOR REMOVAL FROM THE PREMISES AND POTENTIAL DENIAL FROM PARTICIPATION. 5 THERE WILL BE A FIELDS DIRECTOR ON THE PREMISES DURING ALL GAMES ti DURING NON PLAYING HOURS THERE WILL BE NO ADMITTANCE SIGNS POSTED AND ALL GATES WILL BE LOCKED UPDATE OF ORIGINAL CASE SUMMARY SHEET Case Number: USR-569:83:32 Size of Parcel: 20 acres, more or less Request : A Use by Special Review Permit for a Softball and Ice Skating Facility Staff Member to Contact : Rod Allison Possible Issues Summarized from Application Materials: The State Highway Department approves of the softball field relocation design. The new design eliminated vehicular traffic around the softball fields. The applicants have eliminated one softball field and will use that area for parking. The La Salle Town Board has recommended approval in a letter dated July 26, 1983. The letter does include conditions that will be addressed in Staff Comments; please review letter. CASE SUMMARY SHEET Case Number: USR-569:83:32 Size of Parcel: 20 acres, more or less Request : A Use by Special Review permit for a softball and ice skating Facility Staff Member to Contact: Rod Allison Possible Issues Summarized from Application Materials: The Planning staff and applicants are both going to request a continuance on this proposal for the following reasons: 1. Change the location of the softball fields on the property; 2. Eliminate traffic circulation through the facility; 3. Provide more information demonstrating adequate pariking is available on the site; 4. Provide more information about traffic impacts turning onto and off of Weld County Road 394 from Highway 85. Representatives of the Latham Ditch Company have indicated they are against this proposal. Victor Klein, Representative of the Ditch Company, expressed concern about people playing around and falling into the ditch. Also, the ditch company headgates are just west of this site and the water is swift. Please review the letter from the State Highway Department July 14, 1983 . The town o:E Evans has recommended approval of this proposal. The town of La Salle Planning Commission has recommended approval, but would like their Board to review this proposal. The Board meets on Tuesday night, August. 2, 1983. The Department of Planning Services staff has received one objections from the surrounding property owner to the north. FIELD CHECK FILING NUMBER: USR-569:83:32 DATE OF INSPECTION: Ally 21, 1983 NAME: Hays, Hays and Nielsen REQUEST: A Use by Special Review Permit for a softball and ice skating rink facility LEGAL DESCRIPTION: Part of the NE1, Section 31, T5N, R65W of the 6th P.M. LAND USE: N Latham Ditch E U. S. Highway 85, Residence S Weld County Road 394, Hay, and a residence W Old U.S. Highway 85 and corn crops ZONING: N Agriculture LOCATION: Approximately .25 mile north of E Agriculture La Salle; north of Weld County Road 394 and S Agriculture west of Highway 85 W Agriculture COMMENTS: Access to the site is from Weld County Road 394, a paved road and, Old U. S. Highway 85, a paved road with several pot-holes. The improvements on the property are a residence, a mobile home and outbuildings. In the northwest corner of the property, the County is presently storing gravel for road maintenance. The remaining balance of the property is used for agriculture production (hay crops) . The Latham Ditch is north and adjacent to the property. The improvements are located in the southwest corner of the property. BY: (./c --(9— Rod Allison, Current Planner II RA:rg r I �; ors \hOf �f , ��a �i eseouielo TOWN HALL OFg ' LA SALLE. COLOFADO 80645 I _ - 0 • MIN r 119 MAIN P.O. BOX 717f. . - _ Os fin- a !il PHONE'. 303-284-6931 igi'OpPO2A1Ep July 26, 1983 ,J(ini. We/ 1 4 Plal"ff Comm SSYo Weld County Planning Services 915 10th Street ,., Greeley, Colorado 80631 RE : Case Number USR-569:83 :32 Dear Mr. Allison: The LaSalle Planning and Zoning Commission and the LaSalle Town Board have reviewed this County Referral. They give their approval with the following requests: 1 There be no parking inside the park, but rather along the out field fence; 2 Trash be picked up daily; 3 That the Town have the right to request some type of security, if they determine in the future that problems do exist; 4 That the Planning and Zoning Commission and Town Board have the right to review each phase of the project before building commences; -5 That some type of communication system be considered; 6 That the entrance and exit shown on the present set of plans be reversed in order that traffic flow on Road 394 can be maintained. If you have in questions, please feel free to contact me. Respectfully, --;174-e4" N L Rutz Town Clerk APPLICATION i. USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number um 56_, Ti i :32 Date Received -7151E53 _ Application Checked by 'ZGio� Application Fee t J.O O Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) Weld County Softball Association (A non-profit coiration) 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: T GaL DESCCRSPST N OF SPECIAL REVIEW PERMIT AREA: V ', NEa Section 31 W LEGAL DESCRIP,T,ION of contiguous property owned upon which Special Review Permit is proposed: U /_ NEy Section_ 31 T 5 N, R 65 W Property Address (if available) (NW comer of intersect. betwccn Hwy. 85 & WCR 394) PRESENT ZONE Agricultural OVERLAY ZONES Flood Plane TOTAL ACREAGE 20 + or - PROPOSED LAND USE Recreational - Privately owned softball complex EXISTING LAND USE Agricultural - mostly sparce alfalfa hay crops. • SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Thurmar Hays 2i 80645 Address: 18862 WCR 394 . City LaSalle, 00 P Home Telephone # 284-6218 - Business Telephone # N/A Name: Ronolda V. Nielson Address: Rt. 2, Box 63 City LaSalle, CO Zip 80645 Home Telephone # 284-6218 Business Telephone # _ Name Chester T. Hays Address: 106; S. Greeley Ave. City Johnstown, CO ZiP S2`1z 3 y Home Telephone # 587-4413 Business Telephone # 587-4658 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Clifton B. Nccley (Weld County Softball Association) Address: 1836 21st Avenue City Greeley, CO Zip 80631 Home Telephone # 351-0215 Business Telephone # 351--0430 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Thurman Hays, Chester T. Hays and Ronolda V. Nielson 80645 (owners) Address: Rt. 2, Box 63 City LaSalle, CO zip Name: Address: City Zip - Name: Calvin Petroleum Coixoration (lessee) Address: 3515 "mace:de-T it City Dcnvc`r, CD Zip 8420.2-- 5-5-5-17th Straat %`1S \9S %\, in. tue\ev, %eve\ 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 ) Sign re: Owner o Authori d Agent Subscribed and sworn to before me this /'�day of 19 3_. , L SEAL NOTARY PU C My Commission Expires June 15, 1986 My commission expires Weld County Zoning Ordinance Weld County Planning Commission Dear Sirs: The Weld Cour.y Softball Association recreational use of agricultural hereby located edhines to h make Nr application quart for Section 31, Township W North, Range 65Wnd est, Welds unty, COlora quarter of The use of this y. Colorado. parcel would be to establish four softball fields to public recreation by a privately owned recreational association. The existing surrounding land uses are provide industrialsurrounding uses o tse re primarily agricultural and farming would s be substantially md ore teSouth. Recreational zoning linsthise district dstri uses for u appealing visually than _ dus.ria section. The property immediately to the eWest lofn property and also to the West of the old Highway 85,is in crop The subject property to the South and West from the subject house and also utilized for crop F'r°duction. Norte of the f DITCH which passes production. The property is a farm property adjacent ert but. to the property passes between the subject property and. the next residential and commercial to the North, is in fact utilized as residential with storage f the industrial of omm rcialall sveuicles at es at this time. The intended use f playing residential n commercial compatible with all industrial, agricultural, flood ntane of the ercia Platte River is pranoperty lies partially in the 100 yeatur,il, The property can not be considered Prig A productslly in the 500 year and flood plane. is checked as far as its past productive agricultural land if it a prime agriculture]. top soil. pr�uct"ion history. It is highly sand and is not I believe there is adequate provision for the protection of the health, safety and lwelfare of the wayingress bitants of and one waythe egressfrodifferentneighborhoodand the county in that there facility. The primacy ingress from the south center ofhe prop sides osfed the psoftball roperty, ingress from west bound on Road 52 into the facility and then gress fro th west side of the subject property �� y onto the old Highway 85, which rissnon--traffic bearing, other than a private drive. The traffic will then travel Southward to Road 52 and then egress onto Road 52 in both directions to the West, but primarily to the East and then onto State Highway 85. Type of use will be recreational for the purpose of fastpitch softball league, a church softball league and any special softball leagues where the municipal pro- grams are not covering such areas. We would also like to have t he to use a softball field in the winterfor ice skating on 4" to 8" oflicceebf rtso e winter income. Water would be supplied by existing water rights. B. Proximity of the proposed use to residential structures: The proximity of softball facility to residential structures is approxi- mately 200 feet North and East fran a residential structure and approximately 700 feet fran any other residential structures. C. The number of shifts to be worked and the maximum number of employees: The number of employees will be approximately throe, the number of shifts to be worked will be day time only and the hours of those employees would be approximately 1 to 4 hours per day for the purpose of making the fields ready for playing. D. The maximum natter of users, patrons, members, buyers or employees:: the maximum number of users will be 16 teams per night, which could be as many as 12 ball players, making 192 players per night and there would also be 8 umpires, 4 score keepers, and 2 to 4 concession stand workers. There would also be tournaments operated on the weekends and the normal number of players for a weekend tournament would be 384 ball players and corresponding umpires, score keepers, concession stand workers and spectators. We will not have lights during the first season or two, therefore we will be playing games at 6:00 and at 7:15. The cars of players will arrive between 5:30 and 6:00 for the first game, the cars and players will arrive between 6:45 and 7:15 for the playing of the second game and at approximately 7:20 to 7:45 the players of the first game will be exiting. Then at approximated 8:30 to 9:00 the fields will empty. After lights are added to the facility we will be able to play 3 to 4 games per night per field and the scheduling will adjust but under the same perameters, of course. X ( 5 E. There shall be no animals concentrated on the property at any one time. g. Proposed structures to be erected on the property shall consist of four standard softball backstops and adequate fencing to cutplete the softball facilities will be erected in stages over the next three year period. Beginning with the back stops first, the outfield fences second, and the sideline fences last. There will be only temporary scorers stand and storage booths may be erected on the property, but for the first two years those structures will be portable. Also a portable concession stand will be utilized on the field but will not be permanent in nature for at least three years and then we will cute back through the planning and zongingcarnission for approval at that time. h. Only passenger vehicles will be frequenting the traffic for ball players, other than certain tractors and equipment used to maintain the fields. Vehicular traffic will ingress fiat Highway 85 on to the nodfrey Bottom Road, which is also Weld County Road 394, and shall ingress into the facility off of Highway 394 to the North into the center of the fields, between the fields, and a one way traffic pattern flowing counter clock- wise shall be allowed around the center area and then one way egress out of the facility shall be to the west of the center of the field on to the old Highway 85, bordering the property to the west, south to Highway 394 and then on to Highway 394 traveling either east or west. i. The only domestic sewage facilities shall be portable toilets. j. Size of stockpile, storage, or waste areas to be utilized shall be as follows: Trash barrel shall be utilized for trash. Storage shall be in any announcer's booth to be built in the future. k. Methods and time schedule of removal or disposal of debris, junk and • other wastes associated with the proposed USE shall be according to normal pick up of trash by one of the local trash companies. Periods of time required for construction shall be during the month of 1).. �dr,. 3'nr for the backstops and fences shall be provided periodically through- v�,y3( out the remainder of 1983 and possibly some fencing will still be being provided in 1984. A schedule of construction plans is included on the back page. m. Proposed Landscaping plans: Year one there will be no landscaping. Year two, we intend to grass as many fields as is possible. Year three, we hope to have all four fields landscaped. Trees will be provided in year one or year two, which will border each field in the out-of-play areas. n. Reclamation procedures to be employed at the end of the operation would be that if the property shall at the end of five years be no longer used for recreational softball fields, the Weld County Softball Association and Clifton B. Necley shall remove all fences, any sprinkler systems requited for the operation during the five year period, rracuve all back- stops, buildings and plow the field and return it to its original con- dition. 1V � . WELD COUNTY SOFTBALL ASSOCIATION, INC. BUILDING PLANS: First Season Priority: 1983 1. Put up backstops and bases 2 . Utilize portable concessions stand 3. Utilize portable toilets 4. Extend chain link fences in front of benches 5 . Outfield fencing, even if snow fence 1st season 6 . Gravel streets and parking Second Season Priority: 1984 1. Perrr.anent outfield and sideline fences 2. Trees planted along sideline area - (Globe Willow) 3 . Storage shed and announcers booths 4. Well water for sprinkling (no grass) and domestic 5 . Lights on one to two fields Third Season. Priority: 1985 1. Perimeter fencing and warm up areas 2 . Larger mobile concessions unit 3. Dugouts for players 4. Possible septic system with owner ' s and county approval 5. Grass in outfileds with sprinkling system 6. Lights on two to four fields Fourth Season Priority: 1986 1. All fields fenced, grassed and lighted 2. Both domestic water/sewer and irrigation water 3. No hard surface ett4 a C , -71/22)2-7Pia Andy "to A , 54e (re c sewt2-4 on-1- Tel y it c L L N iner %.w 3 "-VIII '.1 '.y ti' r$ .� • -f "' }((��'.,,v y ,�i ..A N.t e. �A" 4 ,fy}r,#LY$ .y( ' }.`a y' Rl�i`4 b1Y..i'R K1 ^q� }M :4£iR gay. vv'' +t ;•! . •rL't .ye'' t Q4 .. +S1 2" `4. tar• e 7 jj jp t Yi J � �• i• ; I 1 sP ��11 F« X ,,tyy, x ,a• '` t t rt S`+ . if�' *m /t.( A �' 2CJit1 ^ '' 'i :- a t Fes -: �, ..it'‘''_' .. ... ' _' ...^. _r+,...r „y, ` 14. L r. xt to M^' pA�"iy a ri T .} _ r ��.. P Or iey f JFI 's _Y + - ! 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M % t - 'f t xe.. tCR cl \.• Ah tr A A f y i • • t • h 3. :II' vF �] • 1 111 l R r 1 �' �y . - ' \ i Case Number USE-569:83:32 . d ? 1 ANN JG ,),_R , ICE_ Q)'� DEPARTMENT OF P_ ,'L} , PHONE (3031 3564000 EXT 404 ,1 atiliTili t ‘ 915 10TH STREET • '; �•; ; GREEIE V,COLORADO 80631 ` 1 . rf Y 13Cfrfee � � � July 8, 1983 r. p/47 p ip COLORADO try. 42 REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Thurman Hays, Chester Hays and Ronalda Nei1 =on for a Use by Special Review Permit for a softball league facility and ice =Rating facility The parcel of land is described as Part of the NF3r Section 31 T51 RAW of__ the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is Approximately .25 mile north of LaSalle; north of Weld County Road 394 and west of Highway 85 This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be ap- preciated. Your prompt reply will help to facilitate the processing of the pro- posal and will ensure prompt consideration of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within 21 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 July 20, 1983 so that we may give full consideration to your recommendation. 1. We have reviewed this request and find that the request (does/ does not) comply with our Comprehensive Plan for the following reasons: 2. We do not Lave a Comprehensive Plan but we feel this request is (is/ ) compatible with the interests of our town for the following reasons: The Planning Commission of the City of Evans does not see any negative effects of this proiect on the City of Evans. 3. A formal recommendation is under consideration and will be submitted to you prior to _ 4. Please refer to the enclosed letter. Signed ®Cti Agency City of Evans Date July 13, 1983 Glenn Clrowson, City Manager Thank you very much for your help and co-operation in this matter. 2 ��~ison, ur ent Planner II RA:rg . Four+ I-100 * EP J ____CIE—Ms. r.:t, EIV , . 1V PR.65W -1 , p w I I I I _Z I 61.4 I i 1 I o-660 II IG Elev.465 I I I I 1 1 I I 1 I I I - - - - I - - 31 - - - I — — - - T.5N I I . 1 I I I I I I I I fr I I I I I I I i_- Scale • • • I" a 1000' Powers Elevation of Denver, Colorado has in accordance with a request from Mr. Daws for Calvin Petroleum Corp. determined the location of No.2 Thurman Hays to be C-NE-NE Section 31 Township 5N Range 65W of the 6th Principal Meridian Weld County, Colorado 'S.•_t;iei,'e••y'+'d"- I hereby certify that this plat is an �` " "�, accurate representation of a correct g survey showing the location of 2353 v.,,.-. ., . 1'•4₹e: - R-71-81 Pot , 4� u1E� •• >.'-• •.':-•'j1�+`' Licensed Land surveyor No. 2853 �� ��� �.,,,,,,4„,,."• state Of Colorado I. Molt iul..,I .‘..1:..L_ - . d \,r 1.1,. In1 STATE OF COLORADO �`�{-,I �- it JIL AND GAS CONSERVATION COMMISS. if U/�`C�/ f\ ir 1 . 19S;,', DEPARTMENT OF NATURAL RESOURCES 5. LEASE DESIGNATION AND SERIAL NO. APPLICATION ;`Fee. Simple-' C'':" n FOR PERMIT TO DRILL, DEEPEN, OR RE-ENTER AND OPERATE 6.IF INDIAN,ALLOT1tE OR TRIBE NAME it.TYPE OF WORK 7,UNIT AGREEMENT NAME DRILL® DEEPEN❑ RE-ENTER❑ b.TYPE OF WELL YELL ® GAS D WELL OTHER SINGLE ZONE ❑ ZONE PL! O 8•IARM OR LEASE NAPE 2.NAME OF OPERATOR PHONE NO. Thurman Hays CALVIN PETROLECIM CORPORATION (303) 629-6789 9. WELL No. 3.ADDRESS OF OPERATOR # 2 145 1st St. Fort Lupton, Colorado 80621 10,FIELD AND POOL.OR WILDCAT 4.LOCATION OF WELL(Report Jettison cleat,and to accordance with any State requirement..) Wat tenburg At surface — 660' FNL and 660' FEL II.SEC..T„R.,M.,OR 615. AND SURVEY OR AREA _ At proposed p'od.sone —' (Same) /' _ of Sec. 31. T5N. R 14.DISTANCE IN MILES AND DIRECTION FROM NEAREST TOWN OR POST OFFICE 44.-counix__— _ 13. STATE_ One mile North of LaSalle. Colorado Weld Colorado 15,DISTANCE FROM PROPOSED LOCATION TO NEAREST PROPERTY 16.NO.OF ACRES IN LEASE.* 17.NO.OF ACRES AND/OR DRILLING UNIT ASSIGNED OR LEASE LINE,FT. TO THIS WELL. (Alec to ne.real &Ito line. if ter) 660' 221.00 - 40 acres 18.DISTANCE FROM PROPOSED LOCATION 19.PROPOSED DEPTH 20.ROTARY OR CAI9LE TOOLS TO NEAREST WELL, DRILLING,COMPLETED, OR APPLIED FOR,ON THIS LEASE. Fin None 7050' 21.ELEVATIONS(Show whether DI', RT, GR,etc.) • i. .q,'. a2 22.PPIFOZ.DATE WORK WILL S Will supply as soon as Surveyor's plats are received Codel November 11, 1983 23, _---i PROPOSED CASING AND CEMENTING PROGRAM SIZE OF HOLE 512E OF CASING WEIGHT PER FOOT SETTING DEPTH QUANTITY OF CEMENT 12 )" 8 5/8" 24# 300' 200 sx. 24. IS SURFACE OWNER A.PARTY TO LEASING AGREEMENT? YES a NO 0 If NO,surface bond must be on file. *DESCRIBE LEASE Pts. of the NEB of Section 31, T5N, R65W; and NW'NW4, SWE'N1 }, and pts. of the N1/2NE'NWk of Sec. 32, T5N, R65W which contains 221.00 acres, m/1. , ECEIVEu AUG 2 2 1983 24. SIGNED L - -- — TITLE—Landman DATE A-1O-R4 ITh...t.ce Io, d,v l or Sigh-Olin t ur.l PERMIT NO. `�/ AF)'ROVAL DATE — EXPIRATION DATE DEC I <2 '�; " tuft -Intl1 (//. // PG 1 1"3APPROVED RS �L) L� 'Z. "Y� _ TITLE 1 '< - r DATE CONDITIONS OF APPROVAL, IF ANY: IL Ci" /11.1• -�Cr /, T A.-n c'7Iy, i4 r/ A.P.I. NUMBER JJl See Instruclions Y/ OJn Reverse Side / o(S V- ..23 kk3�-1 i _ I , ii ',1, 106 Of VII L ; ;' ( 1.' I . The No WHEREAS CALVIN PETROLEUM CORPORATION OF 345 1st Ft _ Ft l 'cptnn, mnlnrrrin ROF,21 is Oa) the owner(s) and bolder(a) of an oil and gas lease insofar as It coven the following described Rand in Weld County, State re Colorado - Township 5 North, Range 65 West, 6th P.M. Section 31: NE}, less and except: Hays subdivision in the town of LaSalle, and those parcels of land conveyed by instruments recorded in Book 1272, Page 594; Book 1491, Page 581; Book 688, Page 237; and in Book 1253, Page 228 of the Weld County records. Section 32: NWkNW}, less S acres lying West of the UPRR right-of-way; SkNEINW1; and the West six (6) rods of the N'NEkNW}. of Section__XXXXXXXX Township_ XXXXXXY^ Range XXXXXXYYXX which lease is recorded in Boot 865 Rec 01787122 of the records of said County, and WHEREAS, said lease' I expires on April fit. 1984 and the hereinabove named owner (or owners) of said lease desires to have the term of said lease extended; NOW, THEREFORE, the undersigned, for and in consideration of One Dollar (f1.00) and more in band paid, the receipt whereof is hereby acknowledged, do es hereby agree that the said term of said lease imof,r the interest of the undersigned in the above described land is concerned shall be and is hereby extended with the same 1 and effect as U such extended term bad been originally expressed in such lease, for a period of ae4 flyeare from date of the said expiration thereof and as long thereafter as oil or gas (including casinghead gas) is or can be produced ' any well on the land covered by said lease, subject however, in all other respects, to the provisions and conditions of said I or said lease as modified, if any modification thereof may have been heretofore executed. i All express or implied covenants of this lease shall be subject to all Federal and State Laws, Executive Orders, Rut, ply te and this lease ehall is not been terminated, tn whole or in such failure is the rart, esult of, any such lessee held liable in law, Order,, for Ruleforlure to Regulf ply therewith, if compliance is prevented by, IN WITNESS WHEREOF, this instrument is signed on this the 31st day of August tp y J 444 �� '7/7t X r `fie X \ �'�L:,(.e vl �}t'r-.e/,�[, Thurman Hays, as an individual and as a Chester T. Hays, as an individual and , Trustee for the Thurman Hays R Cn_ , a rman Hayc R Co , a i partnership. part rship. X � � .�... 41 Konalda V. Neilson, as an individual and as Orin Hays Willis s, as an individual ar Trustee for the Thurman Hays & Co. , a Trustee for the Thurman Hays & Co. , a partnership. partnership. 1 i Colorado • j STATE OF Weld } aa. i COUNTY OF 2nd Before me, the undersigned, a Notary Public, within and for Fail Count d t te, on thisHays and Glori dayof___, IC 83 rn,o„ayy appeared Hays, Chester Hays Williams, as individua s and as Trustees for the Thurman Hays & Co. , a partnership t a to me well mown to b 1 identical meffecteds who effected the within and foregoing instrument, and acknowledged to mt�e that e� execute l tn3tn, game as ; . free and voluntary act and deed for the rises and purposes therein set forth. IN RttfiESS WHEREOF, I Lave hereunto act ray hand and official seal the day and year last above written. r.! . A i 7/1/86 itQ.f.t.l A ,1. I',/Luc-kip � My toinml�alon expirst Notm, Tom, ( - 1484 S. Argonne Ciir. , Aurora, CO 800 1 • If least Lea l,nri.dort l+en extended Insert in Maul, "As brnrtofort extended on — lV STATE OF COLORADO DIVISION OF HIGHWAYS ,. P.O. Box 850 ---4N VS1 � Greeley, Colorado 80632-0850 11 (303) 353-1232 o• July 14, 1983 \:\<f.„'Z;-4/ Weld County r i SH 85 Hays , Hays, and jul. '-C„-" , r. Neilson Spec. Rev 3 490 S. of S. Platte Weld�� River on W. Side nanmiog c o of SH 85 mmrss/on DOH FILE 45100 Mr. Rod Allison Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Allison: We have reviewed the Hays , Hays, and Neilson application for a Special Review Permit, and we ask for your consideration of the following comments. 1 . We have a serious concern about the probability of softballs being hit onto U.S. Highway 85 itself, or even onto the right of way. This would pose an obvious hazard to motorists as well as persons retrieving balls in the right of way. Unless a means can be found to ensure that balls will not be hit onto the right of way, we cannot support this proposed use adjacent to the highway. 2. In addition, it appears that a considerable amount of traffic would impact the intersection of U.S. 85 and County Road 394. Although turn lanes exist at this intersection, they may need to be upgraded to accommodate the heavy evening traffic volumes. Lengthening of the median left-turn lane and provision of a full-width right-turn deceleration lane would probably be warranted due to traffic generated by the softball complex. Since this is an existing public intersection, we ask the County to require these improvements as condition of the Special Review Permit. Any con- struction work on U.S. 85 would need to be reviewed and approved by this office. 3. It is not clear whether sufficient parking is provided at this complex for players , spectators, and support personnel . Parking is not permitted on the highway right of way; therefore, on-site parking should be pro- vided for the maximum number of anticipated vehicles. t MR. ROD ALLISON Hays, Hays, and July 14, 1983 Neilson Spec. Rev. Page Two DOH FILE 45100 Thank you for the opportunity to review this permit request. Very truly yours , ALBERT CHOTVACS ACTING DISTRICT ENGINEER i�Ce 2 I /Douglas Rames District Preconstruction Engineer DDR:da cc: A. Chotvacs D. Yost Area Foreman File: Crier-Jacobson w/encl . C C USR 569:83:32 THURMAN HAYS, et al MAILING LIST Robert and Jessie Moody P.O. Box 444 La Salle, CO 80645 Sherwood D. Langley 1840 49th Street Greeley, CO 8063). Louis and Burt is Brantner 1320 Brantner Road Greeley, CO 80631 Thurman Hays & Co. Ronoldo V. Schnurr 18862 Weld County Road 394 La Salle, CO 80645 Lower Latham Ditch Co. 905 10th Avenue Greeley, CO 80631 James and Mary Ann Conlin Box 374 La Salle, CO 80645 THE LOWER LATHAM DITCH AND RESERVOIR CO. August 10, 1983 Mr. Rod Allison Dept . of Planning Services Welc. County Complex 915 Tenth Street Greeley, CO 80631 Dear Mr. Allison: The Board of Directors of the Lower Latham Ditch Co. have some serious concerns we wish to bring to your attention from the recent county softball complex application submitted by Hays, Hays, and Neilson. First, the site is within 300 feet of our headgate works on the river. We have had, and I suppose will continue to have, a problem of unauthorized persons in this area. Our biggest objection with this proposal is the problems we forsee in keeping people away from our headgates. By having a gathering place for so many people so close, it is inev- itable there will be a few that will abuse this private property. We have had problems with trash, vandalism, and tampering by trespassers not to mention the fact that these structures and the moving water are very dangerous. If a person fell into the water, it is almost certain they would be drawn through one of these structures. The force and speed of the water and the back wash currents behind these headgates are extremely dangerous. If this proposal is accepted, we would insist to the very finest detail that the ditch company and all stockholders of the company not be held responsible in a____yn _way for any one trespassing. Second, the application map shows that vehicles departing the area would be routed onto old Highway 85 on the west, then proceed down to the Godfrey Bottom road and finally to existing Highway 85 . If there are the numbers of people utilizing this facility that the application suggests, there will be a traffic jam of hour duration. Many times, I have had to wait on the Godfrey Bottom road for 3 to 5 minutes before a left-hand turn could be made onto Highway 85. If each vehicle is detained, it would back cars up and be a serious problem. Of course, turning to the right is usually Weld County Dept. of Planning Page 2 August 10, 1983 not too difficult. Our major objection here is that the ditch superintendent might not even be able to get to or return from our headgates whenever the softball field is in use. We would much prefer the entrance and exit to the field be made from the south side along the Godfrey Bottom road. This would at least keep old Highway 85 uncongested. At times of flooding, we have had to move large equipment into our property on a moments notice to remove trash, repair the dike, etc. A "Valley Highway" traffic jam would be most inconvenient and could possibley result in losing a very expensive structure. Third, we would insist that if this application is approved, a perimeter fence be installed as the very first step in con- struction, rather than 3 or 4 years later as the building plans show. Again, since our ditch borders this site on the north , this fence would at least help in keeping people out of our property and the problems we outlined above. We would strongly recommend that your planning staff specify a fence of adequate material and height to accomplish this. Also, we would have to have the fence installed far enough away from the ditch so as to allow for any maintenance of the ditch on our part. These comments represent our Board's concerns as to the Lower Latham Ditch Co. As far as the participants that would use this facility, I might add the mosquitos in the area are terrible simply because it is so close to water. Also, the water table is very high and would appear that there could be some problems with septic-tank facilities called for in the future development. We appreciate you requesting our comments for this appli- cation. If the planning staff has a public meeting to further discuss this matter , I would appreciate you notifying The Lower Latham Ditch Co. at the address below or contact our secretary, Ms. Sandra Vannest, at 356-4052. One or two of our Directors would like to attend. Sincerely, LOWER LATHAM DITCH_-GO�.. �. !—[_.;;24 Jim Park President P.O. Box 398 Kersey, CO 80644 r. 5 i J.. 1 t) 'IlSa 3 yr J Weld Co. Planning Commission STATE OF COLOW)O DIVISION OF HIGHWAYS �. P.O. Box 850 Greeley, Colorado 80632-0850 (303) 353-1232 August 12, 1983 F Weld County SH 85 Hays, Hays, and Neilson Spec. Rev. S. of Platte River on W. Side of 85 Mr. Rod Allison DOH FILE 45100 Department of Planning Services Weld County 915 Tenth Street Greeley, Colorac.o 80631 Dear Mr. Allison : We have reviewed the revised plan of the Hays, Hays, and Neilson Applica- tion for a Special Review Permit. As indicated in our July 14, 1983„ letter to you, we have concerns about softballs being hit onto the U.S. Highway 85 right of way, traffic impacts, and the provision of adequate on-site parking. The revised plan sufficiently addresses the first and last of these concerns , but we again point out the need for a standard right-turn deceleration lane at County Road 394. Improvement of the existing median left-turn lane may not be warranted due to traffic generated by this proposal if the majority of traffic is oriented toward Greeley. We appreciate the opportunity to comment on this proposal . Let us know if you need any further information. Very truly yours , ALBERT CHOTVACS ACTING DISTRICT ENGINEER f (ti? /Douglas Ramesl/7 District PreconstructionfEngineer DDR:da cc: A. Chotvacs I D. Yost Hr'iti1. c- Area Foreman C File: Crier-Jacobson w/encl . Li_VJG 15 1933 f Weld Co. Planning Commission Hello