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Home My WebLink About830151.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A FARM IMPLEMENT STORE - DONALD BALDRIDGE 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 December, 1983 , at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hear- ing the application of Donald Baldridge, 5525 East Platte, Colo- rado Springs, Colorado 80916, for a Use by Special Review for a farm implement store on the following described real estate, to-wit: Parts of the S1, Section 5 and N1/2, Section 8, Township 2 North, Range 68 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 thos 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 this request shall 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 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 Weld County Comprehensive Plan. b. The proposal is consistent with the intent of the Agricultural Zone District in which the use is located. c. The use which would be permitted will be compatible with the existing surrounding land uses and with future development of the surrounding land uses. d. No overlay districts affect the site. LHR 88 --21\ 830151 Page 2 RE: USR - DONALD BALDRIDGE e. Use by Special Review Operation and Design Stand- ards provide adequate protection of the health, safety and welfare of the neighborhood and 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 farm implement store on the herein- above 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 and placed on the Use by Special Review plat prior to recording. 2 . No building or electrical permits shall be issued for the Use by Special Review Permit area until the Stand- ards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services Office. 3 . Building plans shall be reviewed by the Longmont Fire Protection District prior to the issuance of building permits . The applicant shall comply with the Longmont Fire Protection District requirements. 4. Prior to the issuance of building permits the applicant shall demonstrate that he has a legal access to his site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of December, A.D. , 1983. ATTEST: "Mal t�naV�ir►z WELD COUNTY, O UNCOLORADOSSIONERS Weld County Clerk and Recorder /�/¢,{l��j�? ✓� � � w and Clerk to the d Chuck k Carlson, Chairman BY (1 A 19�iwi 2 etalls.✓ Deputy County Clerk T. Martin, Pro-Tem APPROVED AS TO FORM: Gene R. Brantner 7 fCouzlty Attorney Norman Carlson EXCUSED Jacqueline Johnson DAY FILE : December 12 , 1983 OPERATION STANDARDS Donald Baldridge U.S.R. - 584:83:47 1. The permitted use shall be a farm implement store as described and located in the submittal application materials and plat maps on file with the Department of Planning Services. 2. The applicant shall obtain an access permit from the State Highway Department. 3. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 4. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 5. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 6. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as 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. 7. 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. HEARING CERTIFICATION DCCKEP #83-80 RE: USE BY SPECIAL PERMIT, FARM IMPLEMENT STORE, DONALD BALDRIDGE A public hearing was conducted on December 7 , 1983 at 2:00 P. M. , with the following present: Chuck Carlson Chairman john Martin J'ro Tem Gene Brantner Commissioner Norman Carlson Commissioner Jacqueline Johnson Commissioner , Excused Also present: -Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, R. Russell Anson planning Department Representative, James Mayerl The following business was transacted: I hereby certify that pursuant to a notice dated November 21, 1983, and duly published November 23, 1983, in the La Salle Leader, a public hearing was held to consider the request of Donald Baldridge for a Use by Special Review for a farm implement store. This request was read into the record by the Assistant County Attorney, R. Russell Anson. The favorable recommendation, with Operation Standards, was read into the record by the Planning Department representative, James Mayerl. John McCardy, representing the applicant, came forward to explain this proposal to the Board: Jim Schoenfield, also representing the applicant, explained the types of equipment to be sold if this request is ' approved. After discussion, Commissioner Brantner rowed to approve this Use by Special Review for Donald Baldridge for a farm implement store with the Operation Standards. Commissioner N. Carlson seconded the,inotion and after a short discussion, it carried unanimously. APPROVED: Q.tt.4lt.Als BOARD OF COUNTY COMMISSIONERS Al'1'LST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXICC)-2*-)1"--Lt and Clerk to the Beard- Chuck Carlson, Chairman BY: .e k v , C, Deputy County Clerk J T. Martin, Pro-Tem 2440 P/ 43--lat,t Gene R. Brantner afretal — Norman Carlson EXCUSED Jacqueline Johnson TAPE #83-145 DOCKET #83-80 LHR 88 DAY FIT,F: December 12, 1983 ATTENDANCE RECORD DATE: December 7, 1983 -TODAY 'S HEARINGS ARE AS FOLLOWS: #83-76, USR, Leland Carlson, Cattle & hog feedlot expansion #83-77 , USSR, Vessels Oil & Gas Co. , Gas processing plant #83-78, USR, Darenco, Inc. , Natural gas processing facility #83-79 , USR, Dale C. Barr, Mobile home storage site #83-80, USR, Donald Baldridge, Farm implement store PLEASE write or print legibly your name, address and the DOCKET # (as listed above) or the applicant ' s name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING c _/ ;',t./ c i, < 7,/,_ t=� i. -//•:,ir__.. �� '5 ��( ��:' ��A96,/ /) A — /7 , /\�� j / J � / y ,':"if l• �7// ✓iCIA-_, /5 5 (I 1C // /! • 7� , h /L/ is c_( rr, , C /4( � , c_•.( ,- . >(l „ "/�, /7 -i ,.• L. ( l( ? t r` ` l / J: ,: ��` K„, ,:> Tii,_s - ( /l Affidavit -of -Publication STATE OF-COLORADO. County of Weld, ) lEGAL NOTICE Pursuant to the arcing laws tit the State �� M Colorado and the Weld Counts Zan. (. A(A. t{ ' ' �� of trig Ordinance.arptibid nearing will be held In the Chambers of the Board of -said County of Weld.leing duly sworn, say that County Comnnsslonets of Weld County I am publisher of adorado. Weld County Centennial Center.915 10th Street. Greeley. Cub L34.-(J` (I't outdo,at the time specified.all prblCis Q,\` Q ca.`Qr in any manner interested in the I .t By that the same is a week) newspaper ofand maialy be heard, am.egneah•d a,attend Ygeneral ;,,,dliras Review heard. circulation and -printed and published in the ( nn BF IT ALSO KNOWN that the text and town of •` ' T maps so certified by the Weld Copal,' Plmndtrg Connnnslon tot's bn a :mined in said county and state: that the notice or adver hi the office of the Clerk to the Board of tisement.-of which the -annexed is a true ropy. Cowd e , Commissioners.located ht tin' Weld County Centennial ('enter. 915 has been published in said weekly newspaper I ott,Street.Maid rwor.Greehy.Cob :,ado. for Ot-1 t=-- consecutive - weeks: that the notice was -published in the DOCKLT NO.N3-No regular and entire issue of every number of said • APPLIW'ANT aldridge newspaper during the period and time of publi- • 5525Donald hamlets oral Bat Plmm cation of said notice and in the newspaper cok,rado strings.Coloratio,Sl91b proper and-not in asupple:nent thereof: that the DA rr:: December 7, .1983 first publication of-said notice was contained in the issue of said, newspaper bearing date. the 'HMI':2:011 i'.M 23 day of fU �.. 19 %3 BC(rinsr Else Iw spe.;.t Review -I mai tmpiv,m,,,smm and the last publication thereof, in the issue or said,newspaper bearing date, the _ day of I I('Al DESCRIPTION ION N 0 ki ' -.. . 19 a; that the said P:Bta 5a the SI r. Set oon 5 and Nis.' Secti. ,N.Lmnxht.Y No.At.lianas ON s West o1 the INh P.M:.Weld Comfit. A- L') L( ( - Ls c4i4 a- „tad„ ItoAlli)DI COt INTY has been published continuously and =interrupt-. - iOMMlssONF.iis edly during the period of at least fifty-two eon- WI-I.II('(LNTY.rui.ONAnu secutive weeks next prior to the first issue thereof In MANY ANN I I DI!STEIN COUNTY O1:14b AND III(( f pt containing said notice or advertisement above ANn('11111K.O-Nttc$OANn referred to: and that said newspaper was at the -` BY:!dory neln,lig.uty • time of each of the publications of said notice, • duly qualified for that purpose within the-mean a 21, IVN.t Inc; of an act, entitled. "An Act Concerning Legal hiblisheit the. t s ate r>„na Notices, Advertisements and Publications, and Tlo 1.v Novombet 23.19143. the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts in Conflict with the Provisions of this Act." approved April 7, 1921. and all amendments thereof, and particu- larly as amended by an act approved. March 30. 1923 and an act approved 18. 1931. / Publisher Subscribed and sworn to beforeine this 2-5 day of � ' A.D.. 19 1144 ' f. �J/// le , My commission expires _��( / —17") _. . Notary dPublic Ei_iLa;.3ri.l-I . . -7/2�Q ? W W.C..- N UW RD. p5/4 GR �� EELEY, 3f AFIDA?iT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado ) County of Boulder ) ss I -Roger L. Morris _do solemnly swear that the LONGMONT DAILY TIMES-CALL is a daily newspaper printed, in whole or in part, and published in the City of _Longmont, County of Boulder, State of Colorado, and which has _general circulation therein and in parts of Boulder and Weld Counties; that said newspaper has been continuously and uninterruptedly-published for a period of more than six months next prior to the first publication of the annexed legal notice of advertisement, that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and NOTICE that said newspaper is a daily newspaper duly qualified for publishing Pursuant to the zoning laws of me State of Colorado and the Weld County Zoning legal notices and advertisements within the meaning of the laws ordinance,a public hearing will be held In the Chambers of the Board of County of the State of Colorado; that copies of each number of said commissioners of Weld County.Colora- do.Weld County Centennial Center,015 newspaper, in which said notice or advertisement was published, 10th Street, Greeley, Colorado. at the time specified.All persona In any manner were transmitted by mail or carrier to each of the subscribers interested In the Use By Special Review are requested to attend and may be' of said newspaper, according to the accustomed mode of business hear& BE IT ALSO KNOWN that the teat and in this office. maps so certified by the Weld County Planning Commission may be examined That the annexed legal notice or advertisement was published ! County office of Clerk located in trdhe Weld County Centennial Centel,015 10th Street.Third Floor.Greeley.Colorado. in the regular and entire editions of said daily newspaper cflexeedx— DOCKET NO,83-80 APPLICANT -Donald Baldridge 5315 East Platte net xaextkot zone xlgxgfxee t -woektor the period of 1 Colorado Springs,Colorado 80918. DATE:December J,1083 • TIME:2:W P.M. REOVEST: Use By Special Review — Farm implement store consecutive insertions; and that the first publication of said notice I LEGAL DESCRIPTION Parts of the S1/2.Section 5 and NW. Section8,Township 2 North.Range 88 Nov-ember 26 , West of the 0th P.M..Weld County. was in the issue of said newspaper datedColorado BOARD OF COUNTY COMMISSIONERS WELDCOUNTY.COLORADO • BY:MARYANN FEUERSTEIN 19 83..., and that the last publication of said notice was in • COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD SY:Mary Reiff.Deputy the issue of said newspaper dated DATED, I Nobarxtngea emhar....2b.,., 19--- .83- Published in the Deily T I nnn-•'fi``'n 6.,/ nient Colo.Nov_18dM`^""s'm°'''.'4'-'.-'''" ssistant Business ,Manager 4 Subscribed and sworn to before me this 26th day of November 19 83 My Commission Expires wawa.. .. pMa � .. 'y 1.` FEE $ 10. 35 5 .., 0,3 rx PIP ES 1-1300-02 N OTICE 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 -nay 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. 83-80 APPLICANT Donald Baldridge 5525 East Platte Colorado Springs , Colorado 80916 DATE: December 7, 1983 TIME: 2 : 00 P .M. REQUEST: Use By Special Review - Farm implement store ZEGAL DESCRIPTION Parts of the 5#, Section 5 and N1, Section 8, Township 2 North, Range b8 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 13Y : MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: November 21, 1983 PUBIIISHED: November 23 , 1983 4//,€) 7 cF DATE : Nove. ar 21, 1983 • i'0: The Board of County Commissioners Weld County, Colorado ROM: Clerk to the Board Office commissioners: If you have no objections, we ₹have tentatively sot the following hearings for the 7th day of December, 1983, at 2 : 00 T.M. Docket No. 83-76 - Leland Carlson, IJSR. - _Cattle and feedlot expansion Docket No. 83-77 — Vessels Oil and Gas Company, USR - Gas processing plant Docket No. 83-78 — Darenco, Inc. , USR - Natural gas processing plant Docket No. 83-79 - -Dale C. Barr, USR - Mobile home storage site PIE 71 Docket No. 83-80 - Donald -Baldridge , USR - Farm implement store OFFICE OF THE C RK TO THE BOARD BY: 7,C/722,4 ,5, Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1/4'4-X\e-)."‘Q-))\ri\L\ir:r BEtURE THE WELD COUNTY, COLORADO_PLANNING COMMISSION RESOLUTION OF RECOMMENDATION '1U THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver that the following resolution be introduced for passage -by the Weld County Planning Commission. Se it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-5$4:83:47 NAME: Donald-Baldridge ADDRESS: 3525 E. Platte, Colorado Springs, CO 80916 REQUEST: Use by Special Review Permit for -a -Farm Implement Store LEGAL DESCRIPTION: Parts of the S1/2, Section 3 and N1/2, Section 8, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Two (2) miles -east of Longmont and south of State Highway 119. be _recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3.1.1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal -is consistent with the Weld County Comprehensive Flan. - The proposal is consistent with the intent of the Agricultural Zone district in which the use is located. - The use which would be permitted will be compatible with the existing surrounding land uses and with future development of the surrounding land uses. - No overlay districts affect -the site. - Use by Special Review Operations and Design Standards provide -adequate protection of the health, saf-ety and welfare of the neighborhood and County. The Weld County_Planning Commission recamiendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adoptedand placed on the Use by Special Review plat prior to recording. 2. -No building or electrical permits shall be issued for the Ilse by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by _Special Review plat and the plat has teen delivered to the Department of Planning Services office. 3. _Building plans shall be reviewed by the Longmont Fire Protection District prior to the issuance of building permits. The applicant shall comply with the Longmont Fire _Protection District requirements. 4. -Prior to the issuance of building permits the applicant shall demonstrate that he has a legal access to his site. Motion seconded by: Doug Graff Vote: For Passage Against Passage Ed Reichert Jack Holman Doug Graff Paulette Weaver Sharon Linhart Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, -Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on November 15, 1983 and recorded in Book No. VII of the proceedings of the said Planning Commission. Dated the 16th day of November, 1923. Secretary Date: November-'i'5'; CC CASE NUMBER: USR 584:83:47 Q 1J NAME: Donald Baldridge NOV 1 8 1983 Of.•m ADDRESS: 5525 E. Platte, Colorado Springs, CO 80916 GREELeY, coLo. REQUEST: Use by Special Review for a Farm Implement Store LFGAL DESCRIPTION: Parts of the S1, Section 5 and N1, Section 8, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: 2 miles east of Longmont and south of State Highway 119. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with 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 14. 3. 1. 1 at seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. - The proposal is consistent with the intent of the Agricultural Zone district in which the use is located. - The use which would be permitted will be compatible with the existing surrounding land uses and with future development of the surrounding land uses. - No overlay districts affect the site. - Use by Special Review Dperations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The -Department of Planning Services staff recommendation for approval is conditional upon the following: 1. _The attached Standards for Use by Special Review be adopted and placed -on the Use by Special Review flat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for the Use -by Special -Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. 3. Building plans shall be reviewed by th-e Longmont Fire Protection District prior to the issuance of building permits. The applicant shall comply with the Longmont Fire Protection District requirements. 4. Prier to the issuance of building permits the applicant shall _demonstrate that he has a legal access to his site. OPERATION STANDARDS _Donald Baldridge U.S.R. - 584:83:47 1. The permitted use shall be a farm implement store as described and located in the submittal application materials and plat maps on file with the Department of Planning Services. 2. The applicant shall obtain an access permit from the State Highway Department. 3. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 4. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 5. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 6. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as 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. 7. 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. LAND USE APPLICATION TUMMY SHEET Tate: November 15, 1983 CASE NUMBER: USR 584:83:47 NAME: Donald Baldridge ADDRESS: 5525 E. Platte, Colorado Springs, CO 80916 REQUEST: A Use by Special Review Permit for a Farm Implement Store LEGAL DESCRIPTION: N?, Section 8, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Two (2) miles east of Longmont South of Colorado State Highway 119. SIZE OF PARCEL: 40. 12 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review is listed in Section 24.3 of the Weld County Zoning Ordinance. Longmont operates a landfill south and adjacent to the forty acre parcel owned by the applicant. The estimated life of the landfill is three (3) years. Longmont currently is considering a landfill expansion to this forty acre parcel. The applicant has not clarified a right to use Longmont's access easement to State Highway 119. Please review letter dated October 25, 1983 from Longmont. An access permit will need to be obtained from the State highway Tepartment. A storm water management plan should be developed by the applicant to prevent surface run off from the site onto State Highway 119. Please see letter dated October 27, 1983 from State Highway Department. Please review letter from Longmont Soil Conservation District. The plat maps are being forwarded with the packet in order to show the proposed access to and from Highway 119. Please bring maps to meeting. 1- �r FIELD CHECK FILING NUMBER: USR 584:83:47 DATE OF INSPECTION: October 26, 1983 NAME: lonald Baldridge REQUEST: A Use by Special -Review Permit for a farm implement store lEGAL DESCRIPTION: Ni Section 8, T2N, R68W of the 6th P.M. , Weld County LAND USE: N State -Highway 119 and crop production E Crop production S City of Longmont landfill W Crop production ZONING: N -Agricultural LOCATION: Two (2) miles east of Longmont. E Agricultural cnnth of of Colorado grata Highway 119 S Agricultural W Agricultural COMMENTS: Access to the -subject site will be from the city of Longmont easement a thirty (30) foot wide dirt road. The site is currently in crop production. 'The site slopes to the north. BY: l/rru9O7 1Cra James R. Mayer , to rent Planner JRM:rjg j g APPLICATION BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number ;.J,j, :547 dJ ≥`// Date Received '7 2 9 ' ill Application Checked by T/i11, Application Fee 7. c_s Receipt Number 13053 Recording Fee /o Receipt Number Sj 237 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: Section T N, R W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, P. W SEE ATTACHED LEGAL DESCRIPTION Property Address (if available) PRESENT ZONE AGRTCTTTmr1pDL OVERLAY ZONES NSA TOTAL ACREAGE 40 120 PROPOSED LAND USE AC:RTrTTLTLTRAL EXISTING LAND USE AGRTCTTT,TnRAT, SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: nonald w Raldridgg Address: 5525 F Platter City Colorado Springer ZiR 916 Home Telephone 4 Business Telephone if ;74-690C1 Name: rip A Ral dri dr Address: Gan;P ac ahnva City Zip Home Telephone 4 Business Telephone if Name Address: City Zip Home Telephone 4 Business Telephone H APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Linn 7 i riumorrpan Address: 206 Gay St City Lonqmoat , CO —Zip 01 Home Telephone H 772-3029 Business Telephone if 772-7755 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Donald w. and Adplp A Falrlxidge Address: ay City Zip Sc-�tt ac Ove Name:Address: City Zip Name: Address: City 7ip I hereby depose and state under the renalitiec of perjury that all statements, proposals and/or plans submitted w:`.h or contained within this application are true and correct to the best of my 'rnowleiaa. 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C ♦ 4. it y r1 y. { .6 y 4` r fir•. _ " - }s.+;•a+ •w.+5}.ul5r.�.a;?3mvx,l-�iaieY. ti+f-w,;.:�vc.,tka4`2+-ssv.�Fv:ati!e. ...r .sac. ...m... , ..?,,h..+ -:, . . . , . "gta ac- *??s '6. 3r .fit i {;i,; " C USE BY SPECIAL REVIEW SUBMITTAL 24.7.2.1 APPLICANTS Donald W. Baldridge 5525 E. Platte yt�•t..M�ku' xp,...�.m* ^" Colorado Springs, CO 80916 574-6900 (work) 24.7.2.2 FEE OWNERS Donald W. Baldridge 5525 E. Platte Colorado Springs, CO 80916 - - 574-6900 (work) 24.7.2.3 LEGAL DESCRIPTION See legal description on Special Review map 24.7.2.4 TOTAL ACREAGE 40.120 acres +"�y"<hs�,inta.Fh��% 'vfa7 'T✓+P. «wr. 24.7.2.5 EXISTING LAND USE Agricultural - 24.7.2.6 ADJACENT LAND USE Agricultural, with Longmont Landfill to the South 24.7.2.8 SIGNATURE OF APPLICANT AND FEE OWNERS OR AGENT See Special Review map 24.7.1.1 CONSISTENT WITH THE WELD COUNTY COMPREHENSIVE PLAN Nff"�° sV• k i'1. The special use requested for the Baldridge property cs ' conforms with the intent of the Weld County Comprehensive r `.f rt Plan policies and objectives. The proposed use, which entails the allocation of approximately 2.5 acres of the 40 X ti • acre tract for sales of farm equipment and machinery, complies specifically with the stated objectives of the plan to encourage "the expansion and development of agri-business and agriculturally oriented industry. " The remaining 35 acres would be left as tennant farm land, thus preserving agricultural usage as the Plan recommends . 24 .7 .1 .2 INTENT OF DISTRICT IN WHICH USE IS LOCATED The proposed use - as an agricultural business facility on land on which previous, present, and foreseeable primary usage is farmland - is consistent with the intent of the district in which this use is located. 24. 7 . 1 .4 USE COMPATIBLE WITH FUTURE DEVELOPMENT The agricultural and agri-business uses proposed would be compatible with the future development of the surrounding area . The primary objective of the comprehensive planning effort is to preserve valuable agricultural lands while providing business services to the agricultural community. The present conditions in the surrounding area support agricultural production, with some business related facilities complementing the agricultural industry and some retail commercial stores serving the I-25 and Highway 119 interchange. 24.7 . 1 .6 CONSEP.VE AGRICULTURAL USE The search for suitable land in the area was a difficult one . Available land in an agricultural area in smaller parcels is scarce . With this particular tract as good farmland, it was decided to use only a small portion required for farm implement sales. The remaining acreage is to continue being tennant farmed. Thus, productive agricultural land is preserved. 24. 7 . 1 . 7 NEED FOR PROPOSED USE Since "agriculture should remain as the basis for Weld County ' s economic and ecological well being" , as stated in the Weld County Comprehensive Plan, and the desire to encourage related agri-business, the location of a farm implement and equipment facility within an agricultural district is an appropriate response to the needs of the marketplace and the recommendations of the Plan. x 24 .7 .1.8 PROTECTION OF WILDLIFE The intended use of the 40 acres includes leaving approximately 94% of the land as is. The extent to which the previously existing farmland provided a natural wildlife habitat for pheasant, mourning dove and cottontail rabbit will therefore remain essentially undisturbed. 24.7 .1 .9 PROTECTION OF INHABITANTS The proposed special use farm sales facility is a non- polluting, lower volume business. Access to the site will be designed and engineered to meet County and State Highway Standards . The welfare of the inhabitants of the neighborhood and the County is served by preserving farmland providing farm services . 24. 7. 3 . 1 USE The special use for which application is being made calls for a facility to show, sell, service, and store farm equipment to the local and regional agricultural community. 24. 7 . 3 . 2 PROXIMITY There are very few residential structures in the vicinity of this property. Two mobile homes and a permanent dwelling can be found East of, and within 1/2 mile from, the site . 24 .7 . 3 . 3 EMPLOYEES The proposed facility will be open during normal business hours, from 8:00 A.M. to 5 :00 P. M. , 5 days per week . It is anticipated that a maximum of 10 employees will be required . 24 .7 . 3.4 USERS It is expected that a maximum number of patrons would not exceed 10 at any one time. 24. 7 . 3. 5 ANIMALS N/A 24 . 7 . 3.6 OPERATING AND PROCESSING EQUIPMENT N/A ( 24 .7. 3.7 STRUCTURES The proposed structure is a 6000 square foot, steel , concrete, or concrete block building containing showroom, sales, service, storage, and office facilities. 24 .7 . 3 .8 TRAFFIC It is anticipated that semi-truck traffic would enter the site for tractor deliveries at a rate of twice per month. Automobile and pick-up truck deliveries of miscellaneous parts is expected not to exceed once or twice per week . Customer traffic, with this relatively low-volume business, is anticipated at a maximum of 5 to 10 cars at any one time . 24 . 7 . 3 .9 SEWAGE Two bathrooms will be required to provide facilities for men and women. With a maximum of 10 employees at 30 gallons/person/day, a 300 gallon/day sewage capacity would be generated. An individual sewage disposal system will be engineered to meet this rate under soil conditions of moderate permeability. 24 .7. 3. 10 WASTE STORAGE There is no anticipated need for stockpile or storage areas of waste materials . 24 .7 . 3. 11 TRASH REMOVAL Trash removal by contract will occur on at least a weekly basis. 24 .7 . 3. 12 TIME SCHEDULE The project time schedule from issuance of a building permit to operation of the facility is expected to require 5 to 6 months . This facility will be expected to be in operation during the spring of 1984. 24 . 7 . 1 . 13 LANDSCAPING PLAN N/A h 1 \ C 24 .7 . 1. 14 RECLAMATION PROCEDURES N/A 24.7 . 1 . 15 NEED A See 24. 7. 1. 7 24 .7 . 3. 16 FIRE PROTECTION This facility falls under the jurisdiction of the Longmont Fire Protection District and will be constructed to meet LFPD requirements . 1 x A TRACT OF LA-NO !N PARTS OF THE S1/2 OF SECTION 5 AND THE N I/2 OF SECTION 8. T2N, R68W OF THE 6 TH P. m., WELD COUNTY, COLORADO. • LEGAL DESCRIPTION A tract of land located in parts o₹ the South hplf (SII) Section 5 and the North half of Section 8, T2N, R68W of the 60 P.M. , Weld _County, Colorado; said tract being more particularly described as follows: Beginning at a point on the East line of said Section 8 from -whence the Northeast corner of said Section 8 bears NO0'00'00"E, 31.50 feet and with all other bearings contained herein relative thereto; thence 500'00'00"E, 1143.82 feet along said East line of Section 8; thence 558'10' 00"W, 218.37 feet; thence N88•d0'19"W, 1136.31 feet along an existing fenceline; thence N00'00'00"E, 1390.98 feet to a point on the approximate South right-of-way line 'of Colorado State Highway 119; thence along a line lying approximately 0.5 feet South of and parallel to the South right—of—way fence of said Colorado State Highway 119, the following courses and distances 388.63 feet along the arc of a curve to the right, said arc being subtended by a chord bearing 585'09' 55"E, 388.34 ±eet; thence 581'19'04"E, 366.26 feet; thence 581-•27'57"E, 238.24 feet to the Point of Curve of a curve to the left; thence 338.83 feet along the arc of said curve, said arc bein. subtended by a chord bearing 584.04 '45"E, 338.72 feet to the Point of Beginning, thus described tract containing 40.120 acres. -TOGETHER WITH AND SUBJECT TO all rights-of-way and easements -which may exist and/or are of public record. NOTES: • t (1 ) The N; corner of Section 8 (SI. corner of Section 5) could not be located hence the bearing and distance shown for the North line of Section 8 between the NE and NW corners. (2 ) The right-of-way maps for Colorado State Highway 119 could 4 not be used to precisely survey the legal South right-of-way line of Highway 119 without the corner of Section 8. It is the common practice and intent o₹ the Colorado Highway • Department to set right-of-way fences 0.5 feet into the Highw. right-of-way; therefore a survey was made of the South right-of-way line calculated lying 0.5 feet South of the Lence. • i . i , i' L il( Nu 1\ . \ II I< .,t i ' I 'L, l c ( ) \_ ••,\ .> 1 H O I'.( , 'v 1) A11id) 1C'OI,OR;Ad)C) tsU., 1-1 1), :,`> "l111i „\I • Hu -1-13-2U;,6 Oct. 10, 1983 Jon Zimmerman, Agent for Don Baldridge 703 3rd Ave. Longmont, CO 80501 RE: Tap Request # 571 , dated Sept. 22 1983 for Left Hand Water Supply membership. Your tap request has been reviewed by our engineer. His findings are as follows: One commercial tap , as requested, has been allowed, subject to the following conditions and requirements: If you will please contact our office to discuss an agreement necessary for crossing Hwy. 119. • Requirements for membership are: 1 . Completed and signed membership application. 2. $1 ,000.00, plus $500.00 front footage fee (total of $1 ,500.00) -or current fees at time of completion. 3 1 share of Big Thompson water. If you wish to meet these requirements, please advise us within 60 days of this notice or the tap request will be forfeited. After we have the above items, the membership application will be presented at the Board of Directors' Meeting for their action. Our Board meets on the second Monday of each month. Thank you for your interest in Left Hand Water Supply Company. If you need any further information, please contact us and we will be happy to help you. Sincerely, games M. Dickey General Manager ( REFERRAL LIST APPLICANT: Donald W. BaJdridge CASE NUMBER: USR 584 SENT REFERRALS OUT: 10-12-83 REFERRALS TO BE RECEIVED BY 10-27-83 m m z m o m o zHz 2 0 H Z r Cl)W W 41 0 2 8 {sU7 H2 O P. O 80 a 0 U O a W U C4 CJ z m a z z a m 0 z c/1 a Z City of Longmont County Attorney (plat only) Office of Planning & Developmen Civic Center Complex Weld County Health Department Longmont, Co 80501 X /I X Engineering Department ‘/ Soil Conservation District 9595 Nelson Road X X County Extension Agent Box 0 Longmont, CO 80501 Colorado Geological Survey 1313 Sherman Street Ed Reichert _ Room 703 19279 Weld County Road 17 Denver, Colorado 80203 Johnstown, CO 80539 ` ' Left Hand Water Supply /X, Box D Niwot, CO 80544 Longmont Fire Protection District State Engineer 9119 County Line Road Division of Water Resources ALongmont, CO 80501 1313 Sherman St. , Room 818 Denver, Colorado 80203 StateHighway Department x 1420 2ndHi Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 n / of LONG :...); ,,,g � .t�. "` " `�.�..a .,� _...:-fix ssw�''yu _ .��'tl0 n s ♦ "' V --- ,-may"wr ►4 OFFICE OF PLANNING AND DEVELOPMENT CIVIC CENTER COMPLEX Longmont, Colorado 80501 303-776-6050, Ext. 330 COL O R�" TO: John Mayerl , Weld County Office of Planning Services FROM: Office of Planning and Development' . DATE: October 25, 1983 RE: Baldridge Application for Uses by Special Review. At their meeting of October 19, 1983, the Planning and Zoning Commission expressed their concern about the above referenced application and voted 6-0 to forward the following findings to Weld County. 1 ) The site is one of those being considered for the expansion of the City landfill site. It would be contrary to the interests of the City for any sort of development to occur there until a decision is made about the location of the landfill , 2) The site is across the road and slightly to the east of the site of the Johnson rezoning. When commenting on that rezoning, the City expressed the view that the area was designated by both the Weld County Comprehensive Plan and the St. Vrain Valley Plan for agricultural use. While this proposed use would not be as detrimental to adjacent agricultural land uses as the Johnson rezoning, any commercial use detracts from the prevailing agricultural uses in the area. 3) The proposed development uses the driveway to the landfill for access. The driveway is an easement granted to the City of Longmont. Therefore, it probably cannot be used for access to the proposed development without the permission of the City of Longmont. 4) If the driveway can be used legally without the permission of the City, the developer should be responsible for paving the driveway to the point of access and moving the gate to the landfill south. BJM/gp ji'\ f.,9V 3 1983 Weld Co. Planning Commission STATE OF COLORADO DIVISION OF HIGHWAYS 't",2 or N\ P.O. Box 850 N��1 Greeley, Colorado 80632-0850 , (303) 353-1232 ≥of October 27, 1983 `OFF iliJ Weld County 'ffdr V^ k /iL, SH 119 In � -- Baldridge Special I�' '- vi 3 i in,�:1 ,ddj I' Review Mr. James R. Mayerl _(1 2 Mi. W. of I-25 Deprtment of Planning Services r:•!d ^e. Nlao�inq Cnmmis osi on S. Side of 119 Weld County 915 Tenth Street DOH FILE 45100 Greeley, Colorado 80631 Dear Mr. Mayerl : We have reviewed the Donald W. Baldridge application for a Use by Special Review Permit for a farm implement store and business. Through prior coordina- tion with the applicant, we have discussed access to State Highway 119 for this proposed use. As shown on the Plot Plan , access will be obtained only from the existing road leading to the City of Longmont Landfill . The other "Existing Site Access" should only be needed for occasional access to the remainder of the 40-acre field. In order to document the proposed change in use of the City landfill access and determine the possible need for improvements to that access, an Access Permit will need to be issued. Application for this permit is made to this office at the above address. Approximately one month is needed to process the application and issue the permit. • According to the Plot Plan, surface runoff from this site flows toward S.H. 119. In order to prevent any adverse impact to the highway, we ask that on-site measures be taken to ensure that there will be no increase in the historical runoff rate as a result of this development. Thank you for the opportunity to review this matter. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER 17-e:sc' t � J /1 Ct-7'L�-z Dduglas Raines Assistant District Engineer DDR:da cc: A. Chotvacs D. Yost Area Foreman File: Crier-Jacobson w/encl . a Longmont Soil Conservation District 9595 Nelson Road, Box D - Longmont, Colorado 80501 October 27, 1983 Mr. James R. Mayerl , Current Planner Weld County Planning Services 915 10th Street Greeley, CO 80631 Re: USR 534 - Donald W. Baldridge Dear Mr. Mayerl : The area is presently in irrigated row crop. The soils on the site are prime farmland as noted in the application. Should the application be accepted, we would suggest that an erosion control plan be developed, and a conservation plan developed on the remainder of the cropland involved. Our staff is available to assist the applicant on this. Sincerely, tr/tJ [ k Robert Schlagel President CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT #b v K +e.. � � �-�"' `) � I• " �� • - -�� Niitivi �sua, i ,r,sono Er.r 4(1( i\\ � � - � i J161U(N ST(lELT GREELEY COLORADO 8063'. ItJV i 1 '_ - o CASE NUMBER USR 584 Odd Co. Planning enmmissioi • COLORADO October 12, 1983 REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Donald W. Baldridge for a Use by Special Review Permit for a farm implement store and business . The parcel of land is described as part of the South 1/2 of Section 5 and part of the North 1/2 of Section 8, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is two (2) miles east of Longmont, south of State Highway 119 and south of Weld County Road 3-1/2 . This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations . If a response from your office isnot • received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect . Check the appropriate boxes below and return to our address listed above. Please reply by October 27, 1983 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. X We have reviewed the proposal and find no conflicts with our interests PeoJio/ i4 7/15 pEvcU .),n Fwr -L mfEr 4,r-7P. U REq ti: cen9F.-rs el J rP r Eq „v 4 i',.<,ro n:.✓ c i e.,0,.= G (Wall ,7 9.7, 3./G. 2. A formal recommendation is under consideration and will be submitted to you prior to . 3 . Please refer to the enclosed letter. Signed .isr�m Agency Date /0-9y- 3 oufla.t x s R. Mayerl, Cu�v/ 1090It 00,110703 211011191/07 rzi ntt Planner 10 N012310b M0onse &MO 13W1SIO NOI1J31011d AU 1NOWJA107 JRM:dg MAILING LIST USR 584 Donald Baldridge Cornie VanZanten 2007 17th Street Rock Valley, Iowa 51247 John VanZanten Rural Route #2 Rock Valley, Iowa 51247 Arthur Dykstra 4042 S. Olive Denver, CO 80237 C.P. Richardson Leo F. Knage Betty Jo Secor Box 717 Longmont, CO 80501 G I i ,�'! 1,1- � 7 a Loa U J L _-- 5525 East Platte Avenue Yield CO. Planning Commission Colorado Springs, Co. 80916 September 26, 1983 This is to certify that Jon Zimmerman of McCarty Engineering Consultants, Inc. is empowered to act in our behalf regarding the use by special review process concerning our property on Highway 119, Weld County, Colorado. / r L 't� Donald Baldridge / Adele A. Baldridge J' Subscribed and sworn to me this ;?b gday of September, A. D. 19 f17:; . My commission expires z-s j /9 r-3,:"7, Notary Public Baldridge Property Soils Information The above named property consists of five basic soil descrip- tions in the following order of relative percentages of site coverage : 1. #8 - Ascalon loam - 55% 2. #83 - Wiley Colby Complex - 20% 3. t42 - Nunn clay loam - 15% 4 . #17 - Colby loam - 8% 5 #41 - Nunn clay loam - 2% TOTAL - 100% The following soil descriptions are excerpted from Soil Survey of Weld County, Colorado Southern Part. 8—Ascalon loam, 0 to 1 percent slopes. This is a deep, Wildlife is an important secondary use of this soil. The well drained soil on terraces at elevations of 4,500 to 4,900 cropland areas provide favorable habitat for ring-necked feet. It formed in alluvium deposited by the major rivers pheasant and mourning dove. Many nongame species can in the survey area. Included in mapping are small areas be attracted by establishing areas for nesting and escape where sand and gravel are within a depth of 60 inches. needed at the time of planting and during dry periods. Also included are small areas of soils that have a clay Trees that are best suited and have good survival are loam subsoil. Rocky Mountain juniper, eastern redcedar, ponderosa Typcially the surface layer of this Ascalon soil is brown pine, Siberian elm, Russian-olive, and hackberry. The loam about 10 inches thick. The subsoil is brown and yel- shrubs best suited are skunkbush sumac, lilac, and Siberi- lowish brown sandy clay loam about 15 inches thick. The an peashrub. substratum to a depth 60 inches is calcareous sandy loam. Wildlife is an important secondary use of this soil. The Permeability is moderate. Available water capacity is cropland areas provide favorable habitat for ring-necked high. The effective rooting depth is 60 inches or more. pheasant and mourning dove. Many nongame species can Surface runoff is slow, and the erosion hazard is low. be attracted by establishing areas for nesting and escape This soil is used almost entirely for irrigated crops. It cover. For pheasants, undisturbed nesting cover is essen- is suited to all crops commonly grown in the area, includ- tial and should be included in plans for habitat develop- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, ment. Rangeland wildlife, for example, the pronghorn an- and onions. An example of a suitable cropping system is 3 telope, can be attracted by developing livestock watering to 4 years of alfalfa followed by corn, corn for silage, facilities, managing livestock grazing, and reseeding sugar beets, small grain, or beans. Few conservation prac- where needed. tires are needed to maintain top yields. Few areas of this Ascalon soil are in major growth and All methods of irrigation are suitable, but furrow ir- urbanized centers. The shrink-swell potential of the sub- rigation is the most common. Barnyard manure and com- soil as it wets and dries is the most limiting soil feature mercial fertilizer are needed for top yields. that must be considered in planning homesites and con- Windbreaks and environmental plantings are generally structing roads. Capability subclass IVe nonirrigated; well suited to this soil. Cultivation to control competing L Sandy Plains range site. vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. 83—Wiley-Colby complex, 3 to( ,ercent slopes. This The potential rive vegetation is dominated by blue gently sloping map unit is on plains at elevations of 4,850 grama. Several mid grasses, such as western wheatgrass to 5,000 feet. The Wiley soil makes up about 60 percent of and needleandthread, are also present. Potential produc- the unit, and the Colby soil about 30 percent About 10 tion ranges from 1,600 pounds per acre in favorable years percent is Heidi silty clay and Weld loam. to 1,000 pounds in unfavorable years. As range condition The Wiley soil is deep and well drained. It formed in deteriorates, the mid grasses decrease; blue grama, buf- calcareous eolian deposits. Typically the surface layer is falograss, snakeweed, yucca, and fringed sage increase; pale brown silt loam about 11 inches thick. The subsoil is and forage production drops. Undesirable weeds and an- pale brown silty clay loam about 23 inches thick. The sub- nuals invade the site as range condition becomes poorer. stratum to a depth of 60 inches is very pale brown silty Management of vegetation on these soils should be clay loam. based on taking half and leaving half of the total annual Permeability is moderately slow. Available water production. Seeding is desirable if the range is in poor capacity is high. The effective rooting depth is 60 inches condition. Sideoats grams, little bluestem, western wheat- or more. Surface runoff is medium to rapid, and the ero- grass, blue grama, pubescent wheatgrass, and crested sion hazard is moderate. wheatgrass are suitable for seeding. The grass selected The Colby soil also is deep and well drained and formed should meet the seasonal requirements of livestock. It can in calcareous eolian deposits. Typically the surface layer be seeded into a clean, firm sorghum stubble, or it can be is pale brown loam about 7 inches thick. The underlying drilled into a firm prepared seedbed. Seeding early in material is very pale brown silt loam to a depth of 60 spring has proven most successful. Permeability is moderate. Available water capacity is Windbreaks and environmental plantings of trees and high. The effective rooting depth is 60 inches or more. shrubs commonly grown in the area are generally well Surface runoff is medium to rapid, and the erosion hazard suited to these soils. Cultivation to control competing is moderate. vegetation should be continued for as many years as possible following plantings. Trees that are best suited This unit is used for irrigated and nonirrigated and have good survival are Rocky Mountain juniper, east- cropland and for rangeland, wildlife habitat, and urban ern redcedar, ponderosa pine, Siberian elm, Russian-olive, development. and hackberry. The shrubs best suited are skunkbush In irrigated areas these soils are suited to the crops sumac, lilac, Siberian peashrub, and American plum. commonly grown in the area. Perennial grasses and alfal- Openland wildlife, such as pheasant, mourning dove, fa or close grown crops should be grown at least 50 per- and cottontail, are best suited to these soils. Wildlife cent of the time. Contour ditches and corrugations can be habitat development, including tree and shrub plantings used in irrigating close grown crops and pasture. Fur- and grass plantings to serve as nesting areas, should be rows, contour furrows, and cross slope furrows are suits- successful without irrigation during most years. Under ir- ble for row crops. Sprinkler irrigation is also desirable. rigation, good wildlife habitat can be established, benefit- Keeping tillage to a minimum and utilizing crop residue ing many kinds of openland wildlife. help to control erosion. Maintaining fertility is important. The Wiley soil has only fair Crops respond to applications of phosphorus and nitrogen. potential for urban and In nonirrigated areas these soils are suited to winter recreational development. Slow permeability, moderate shrink-swell potential, and limited bearing capacity cause wheat, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is soil has in dwelling and road construction. The Colby 28 bushels per acre. The soil is summer fallowed in al- soil has Rgoad design potential for urban and ed to oecome sat elfor ternate meets. Road fy can be soilmo to supportcompensate load. C for years to allow moisture accumulation. Generally the limited capacity of this to a load. Capa- precipitation is too low for beneficial use of fertilizer. bility subclass IIIe irrigated, IVe nonirrigated; Loamy Stubble mulch fanning, striperopping, and minimum til- Plains range site. lage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. x 42—Nunn clay loam. 1 to 3 percent slopes. This is a Management of vegetation of this soil should be based deep, well drained soil on terraces and smooth plains at on taking half and leaving half of the total annual produc- elevations of 4,550 to 5,150 feet. It formed in mixed allu- tion. Range pitting can help in reducing runoff. Seeding is vium and eolian deposits. Included in mapping are small, desirable if the range is in poor condition. Western long and narrow areas of sand and gravel deposits and wheatgrass, blue grarna, sideoats grama, buffalograss, pu- small areas of soils that are subject to occasional flooding. bescent wheatgrass, and crested wheatgrass are suitable Some leveled areas are also included. for seeding. The grass selected should meet the seasonal Typically the surface layer of this Nunn soil is grayish requirements of livestock. It can be seeded into a clean, brown clay loam aobut 9 inches thick. The subsoil is light firm sorghum stubble, or it can be drilled into a firm brownish gray clay loam about 14 inches thick. The upper prepared seedbed. Seeding early in spring has proven part of the substratum is light brownish gray clay loam. most successful. The lower part to a depth of 60 inches is brown sandy Windbreaks and environmental plantings are generally loam. well suited to this soil. Cultivation to control competing Permeability is moderately slow. Available water vegetation should be continued for as many years as capacity is high. The effective rooting depth is 60 inches possible following planting. Trees that are best suited and or more. Surface runoff is medium, and the erosion have good survival are Rocky Mountain juniper, eastern hazard is low. redcedar, ponderosa pine, Siberian elm, Russian-olive, and In irrigated areas this soil is suited to all crops com- hackberry. The shrubs best suited are skunkbush sumac, monly grown in the area, including corn, sugar beets, lilac, Siberian peashrub, and American plum. beans, alfalfa, small grain, potatoes, and onions. An exam- Wildlife is an important secondary use of this soil. The ple of a suitable cropping system is 3 to 4 years of alfalfa cropland areas provide favorable habitat for ring-necked followed by corn, corn for silage, sugar beets, small grain, pheasant and mourning dove. Many nongame species can or beans. Generally such characteristics as the high clay be attracted by establishing areas for nesting and escape content or the rapidly permeable substratum slightly cover. For pheasants, undisturbed nesting cover is essen- restrict some crops. tial and should be included in plans for habitat develop- All methods of irrigation are suitable, but furrow ir- ment, especially in areas of intensive agriculture. Range- rigation is the most common. Proper irrigation water land wildlife, for example, the pronghorn antelope, can be management is essential. Barnyard manure and commer- attracted by developing livestock watering facilities, cial fertilizer are needed for top yields. managing livestock grazing,and reseeding where needed. In nonirrigated areas most of the acreage is in small This soil has fair to poor potential for urban develop- grain and it is summer fallowed in alternate years. ment. It has moderate to high shrink swell, low strength, Winter wheat is the principal crop. The predicted avenge and moderately slow permeability. These features create yield is 33 bushels per acre. If the crop is winterkilled, problems in dwelling and road construction. Those areas spring wheat can be seeded. Generally precipitation is too that have loam or sandy loam in the lower part of the low for beneficial use of fertilizer. substratum are suitable for septic tank absorption fields Stubble mulch fanning, striperopping, and minimum til- and foundations. Some areas of this soil are adjacent to lage are needed to control soil blowing and water erosion. I streams and are subject to occasional flooding. The poten- tial is fair for such recreational development as camp and The potential native vegetation is dominated by western wheatgrass and blue grama. Buffalograss is also picnic areas and playgrounds. Capability subclass lie ir- rigated, IIIc nonirrigated; Clayey Plains range site. present. Potential production ranges from 1,000 pounds per acre in favorable years to 600 pounds in unfavorable years. As range condition deteriorates, a blue grama-buf- falograss sod forms. Undesirable weeds and annuals in- vade the site as range condition becomes poorer. , C 17—Colby loam. 5 to 9 percent slopes. This is a deep, Management should be based on taking half and leaving well drained soil on upland hills and ridges at elevations half of the total annual production. Seeding is desirable if of 4,850 to 5,050 feet. It formed in calcareous eolian the range is in poor condition. Sideoats grams little deposits. Included in mapping are small areas of soils that bluestem, western wheatgrass, and pubescent wheatgrass are suitable for seeding. The grass selected should meet have fine sandy loam or loam underlying material and small areas of soils that are shallow to moderately deep the seasonal needs of livestock. It can be seeded into a over shale and sandstone. clean, firm sorghum stubble, or it can be drilled intoa Typically the surface layer of this Colby soil is pale firm prepared seedbed. Plowing and drilling should be on brown loam about 7 inches thick. The underlying material the contour to minimize runoff and soil losses. Seeding is very pale brown silt loam to a depth of 60 inches. early in spring has proven most successful. Permeability is moderate. Available water capacity is Windbreaks and environmental plantings of trees and high. The effective rooting depth is 60 inches or more. shrubs commonly grown in the area are generally well Surface runoff is rapid, and the erosion hazard is high. suited to this soil. Cultivation to control competing vegetation should be continued for as many years as This soil is suited to limited cropping. Intensive possible following planting. Trees that are best suited and cropping is hazardous because of erosion. The cropping system should be limited to close grown crops, such as al- redcedar,good survival are Rocky Mountain juniper, eastern falfa, wheat, and barley. This soil also is suited to redcedar, ponderosa pine, Siberian elm, Russian-olive, and ir- rigated pasture. A suitable cropping system is 3 to 4 hackberry. The shrubs best suited are skunkbush sumac, years of alfalfa followed by 2 years of corn and small lilac, Siberian peashrub,and American plum. Openland wildlife, such as pheasant, mourning dove, grain and alfalfa seeded with a nurse crop. and cottontail, and rangeland wildlife, such as antelope, Close grown crops can be irrigated from closely spaced contour ditches or sprinklers. Contour furrows or sprin- cottontail, and coyote, are best suited to this soil. Under klers should be used for new crops. Applications of ir^�t1on, good wildlife habitat can be established, nitrogen and phosphorus help in maintaining good produc- benefiting many kinds of openland wildlife. Forage tion. production is typically low on rangeland, and grazing The potential native vegetation is dominated by blue grama. Sideoats grams, little bluestem, western wheat- grass, and sedge are also prominent Potential production ranges from 1,800 pounds per acre in favorable years to 1,500 pounds in unfavorable years. As range condition deteriorates, the sideoats grams and little bluestem decrease, forage production drops, and blue grama, buf- falograss, and several perennial forbs and shrubs in- crease. Undesirable weeds and annuals invade the site as range condition becomes poorer. 4I—Nunn clay loam, 0 to 1 percent slopes. This is a Windbreaks and environmental plantings of trees and deep, well drained soil on terraces and smooth plains at shrubs commonly grown in the area are generally well elevations of 4,550 to 5,150 feet It formed in mixed allu- suited to this soil. Cultivation to control competing vium and eolian deposits. Included in mapping are small, vegetation should be continued for as long and narrow areas of sand and gravel deposits g many yearsas and possible following planting. Trees that are best suited and small areas of soils that are subject to occasional flooding. have good survival are Rocky Mountain juniper, eastern Some small leveled areas are also included. redcedar, ponderosa Typically the surface layer of this Nunn soil is grayish pine, Siberian elm, Russian-olive, and brown clay loam about 9 inches thick. The subsoil is light lililac, Siberianrry. The peashshrubrub, est suited are skunkbush sumac, brownish gray clay loan, about 14 inches thick. The upper is an important t secondary Amen plum. Wildlife is important use of this soil. The part of the substratum is clay loam. The lower part to a cropland areas provide favorable habitat for ring-necked depth of 60 inches is sandy loam. pheasant and mourning dove. Many nongame s ies can Permeability is moderately slow. Available water be attracted by establishing areas for nesting andescape capacity is high. The effective rooting depth is 60 inches cover. For pheasants, undisturbed nesting cover is essen- or more. Surface runoff is slow, and the erosion hazard is tial and should be included in plans for habitat develop- low. went,especially in areas of intensive a This soil is used almost entirely for irrigated crops. It This soil has fair topotential poorgorul urbandevelop- is suited to all crops commonly grown in the area, includ- went It has moderate to high shrink swell, low strength, ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and moderately slow permeability. These features create and onions. An example of a suitable cropping system is 3 problems in dwelling and road construction. Those areas to 4 years of alfalfa followed by corn, corn for silage, that have loam or sandy loam in the lower part of the sugar beets, small grain, or beans. Few conservation prat- substratum are suitable for septic tank absorption fields tices are needed to maintain top yields. I and foundations. Some areas of this soil are adjacent to All methods of irrigation are suitable, but furrow ir- streams and are subject to occasional flooding. The poten- rigation is the most common. Barnyard manure and corn- tial is fair for such recreational development as camp and mercial fertilizer are needed for top yields, picnic areas and playgrounds. Capability class I irrigated. 7 /` GRANT, MCCARREN & BERNARD WALLACE H. GRANT ATTORNEYS AT LAW HOWARD GRANT 0906-19661 WILLIAM J. MCCARREN POST OFFICE BOX 9]6 JOHN 5. HOUGH 11918-19]91 DANIEL F BERNARD MARC R. CARLSON 515 KIM BARK STREET LONGMONT (3031 ]]6-9900 RICHARD N. LYONS LONGMONT, COLORADO 8O8O2-OO76 DENVER METRO 13031 6]I-5506 MEMORANDUM TO: Weld County FROM: Marc R. Carlson RE: Easement DATE: November 14, 1983 A. Facts: 1. This matter involves a tract of land of approximately 40.120 acres, more or less, located in Weld County, Colorado. The property is to the south of Colorado State Highway 119 in between the highway and property owned by the City of Longmont which is presently being used for Longmont' s city dump. A copy of the survey of the property is attached as Exhibit A. 2. A 30-foot easement solely for ingress and egress exists along the most easterly portion of the property. This easement is used by the City of Longmont and members of the public for access from Colorado High- way 119 across the subject property to the property owned by Longmont which is used as the dump or City landfill . 3. On approximately December 30, 1964, George McCaslin, the then owner of the property, entered into a lease with the City of Longmont for the land which is now the landfill . The lease also included a lease of a 30-foot right-of-way across the subject property. The lease was to have expired on January 1, 1975. 4. Before the lease was to have expired on January 1, 1975, on April 18, 1972, Mr. McCaslin conveyed the landfill property to the City of Longmont by Warranty Deed dated April 18, 1972, and recorded May 20, 1976, in book 767, Reception No. 1689012. In the Warranty Deed, the right-of-way for ingress and egress across the subject property which was previously leased to the City was granted to the City by the following language: "Grantor further grants to grantee a right-of-way for ingress and egress to and from the above-described property (the landfill property) being thirty (30) feet in width as said right-of-way exists at the time of this Agreement . ." At the time of the Agree- ment, the City had previously constructed and was Memorandum to: Weld County November 14, 1983 Page 2 using, under the terms of the lease, a gravel road on the right-of-way land for access for it and members of the public to the landfill . The grant is only for "a right-of-way for ingress and egress . ." The grant does not indicate that it is an exclusive right-of-way or that it is the only right-of-way that can ever be granted in connection with the subject property. Furthermore, the Deed does not, in any way whatsoever, prevent the owner of the property, or his successors, from using the subject property across which the right-of-way crosses for any lawful purposes as long as the easement for ingress and egress is not substan- tially interfered with by the property owner. A copy of the Deed is attached as Exhibit B. 5. On or about October 10, 1972, Mr. McCaslin conveyed the subject property to C. P. Richardson, Leo F. Knago, Lyle L. Barnard, and Betty Jo Secor. The conveyance, which included the subject property, was subject to any right-of-way or easements presently existing on the property. 6. The present owners of the property are John VanZanten, Cornel- ius E. VanZanten, and Arthur J. Dykstra, as tenants in common. They also took title subject to all easements of record. 7. The present owners have signed a contract with Donald W. Bald- ridge and Adele A. Baldridge to sell the property. Mr. and Mrs. Bald- ridge desire to construct and operate a farm equipment sales, service and repair business upon the site. They have applied to Weld County for a Use By Special Review Permit, in the agricultural district, to permit the construction of improvements upon the site for the above-mentioned busi- ness. 8. In order to construct and operate the business, subject to approval of the Use By Special Review Permit, Mr. and Mrs. Baldridge must have access to the property from Highway 1119. Access for ingress and egress to the property does exist by way of the roadway placed within the 30-foot easement on the property. 9. In a Memo to the Planning and Zoning Commission of Weld County from the City of Longmont Office and Planning and Development, a copy of which is attached as Exhibit C, dated October 18, 1983, the City refers at paragraph 3 to the driveway easement. In reading paragraphs 3 and 4 of that memorandum, the City is apparently not sure whether or not access to the proposed development may occur with or without the permission of the City of Longmont. The City indicates that if the driveway can be used legally without the permission of the City, then the City would hope that Mr. and Mrs. Baldridge would have to pave the driveway to the point of access and move the present gate of the landfill to the south, further down the driveway and easement. Memorandum to: Weld County November 14, 1983 Page 3 10. The State of Colorado Highway Department does not want to make any new curb cuts or change the location of the present access to the property. 11. Farm equipment sales, repair and installation facilities are permitted by special use under the uses by special review permit in the agricultural district. B. Issue: Do the owners of the property, and their grantees, transferees, succes- sors, and assigns, have the right to use the present road within the easement for ingress and egress to the property upon which the easement exists without the City of Longmont' s consent? C. Legal Conclusion: 1 . Under applicable Colorado case law, the rights of one holding an easement across the land of another are measured by the nature and purpose of the easement. An easement does not carry any title to the land over which it is exercised and the easement does not work a dispos- session of the landowner. Barnard v. Gaumer, 361 P.2d 778 (1961). (a copy of the case is attached as Exhibit D.)— Accordingly, the City of Longmont, by having an easement, does not work a dispossession of the landowner to use the land upon which the easement exists. "The owner of the servient estate continues to enjoy all the rights and benefits of proprietorship consistent with the burden of the easement." Barnard, supra. This means that the owner of the property may use the easement ground for any purpose as long as the City' s ingress and egress to the dump is not unreasonably interfered with in the owner' s use of the prop- erty. 2. There is nothing in the recorded documents to show that the grant of easement was exclusive in the City. The city received ". . . a right-of-way for ingress and egress ." The Deed does not say that it was an exclusive right-of-way or the only right-of-way. 3. In our opinion, the owner of the land does have the right to use the roadway for ingress and egress to the owner' s property in con- junction with the City of Longmont, and the members of the public who use the right-of-way. The owner' s burden is only that his use of the ease- ment, or the land upon which the easement exists, may not unreasonably interfere with the City' s right to use its right-of-way for ingress and egress. 4. It is well settled that all rights expressly granted or neces- sarily incident to the enjoyment of an easement pass with it, but this is the absolute limit of what passes. Smith v. Wright, 424 P.2d 384 (1967) . Accordingly, the City only has a right—of-way for ingress and egress. It Memorandum to: Weld County November 14, 1983 Page 4 does not have the right to prevent the owner from granting other ease- ments or rights-of-way, nor does it have the right to prevent the owner from using the roadway for access to his own property. Barnard, supra. 5. In the Barnard case, the Supreme Court of Colorado held that the grantor of the easement, and his assigns, has the right of use in common with the grantee. Furthermore, when an easement is not exclusive, the several grantors, their assignees, licensees, and invitees, have the right to use the road in common with the grantee. 6. Based upon the above law, when Mr. and Mrs. Baldridge become the owners of the property, they, along with their customers, have the right to use the present roadway for ingress and egress to their prop- erty, as long as ingress and egress to the landfill is not substantially interfered with or denied. 7. In its memo to the Planning and Zoning Commission of October 18, 1983, the City indicates that the developer should be responsible for paving the driveway to the point of access and moving the gate to the landfill south. This matter is also addressed in the Barnard case which was a case involving a road easement. In Barnard, the court held that "absent any agreement on the question of maintenance of a private way, the burden of upkeep should be distributed between dominant (easement land) and servient (landowner' s remaining land) tenements in proportion to their relative use of the road, as nearly as such may be ascertained." Accordingly, the City does not have the right to require the landowner to pave the driveway to any point. The dirt roadway can be maintained, in the future, in proportion to the relative use of the road, as nearly as such may be ascertained. The moving of the landfill gate further south is something that the landowner and the City can discuss and try to agree upon. D. Summary: Mr. and Mrs. Donald Baldridge, as owners, would have the right to use the present roadway for access to and from their property without the City of Longmont' s consent. They respectively request that the use by Special Review Permit be granted. If you have any other questions that you would like to have addressed, please let us know, and we will do our best to get you an immediate re- sponse. mU F. ^ _ x :• }•.yYLy ' .v. '1.` ';3.�.9S'Ti" .wr`.-,-ygr ..Y'CM ..^rtT ' -.^`...`.....----.7..,'±--- — at. � 1 ,.:•.. X` .�:... a - • _ i. ta• a 1 Y 2 i ��"Y'S V'L'J•+. I°�F .�h�1.2Sn^Fi.• 1 is�Si. Y - �y" e ' 5"f .t,r 3 ifr.dfsh kk`p r�r�-..:i:i_�Ry ..� ..... L' 711 S' w �+F�S -- - corn. — __ _ _ STATE- HWY. ��9 I 386.63' CM 9B3•p9'3J E 3BB.3O SB/•/9 00- ?•2893.39 E 3$l.�R i. Y y< ..• - - —E�Ttf"03 __ _ .�IIvnERry UNC"05'p 0 5 LINE SEC, 3 p EF/SANO SB/ 7.__ N•437.4,//:. NE COO. (0/88•32'00"W 3329 J3 E0 NW _ _ ROW FENCE E 2JB21 J•1 J'3>• COO SEQBI H.L/NE SEC. B �' CN SBI•p0'/3« F'' i II :I • I Inr I ., , i.,',.-- -."4.- -., . -r r ......7r..g..?",fl'i‘c.''''-,-...“4.,.----.4 . "zr,!.4.0..?.?Perriie- nr..").7-& I' 11 ..: , xr« rt m 11 - f.;, SCALE 1'•200 W 40.120 ACRES I - N—Y• t; �h. .£t' O a if_ O <# t , zt f g y s 9 w y .,, - _.. . I _ 11 ri 11 '7.S. ,¢: _ ` 10 51 T•re. I N ,s'1/4"S":°":-.(4".) 1 88(1•40.19"W IIJB.Si31•(ALONG EXIS>ING FENCE 1 V. k ( ``� (188•38,00-8 (S LINE NW,NI/2 SEC.SFROM SURVEY BY L.S.2152) 3ECOR.NEIN, iaR NE IAI, SEC.B.. 1 - 1i. Piz ., fjlxneTJ -- - ---:':.�-- M' Y Vr.04444N. L . J - !i X s .ra x -- _ _.c. __ — Sc' ce. p I1% i:. : lI i o'drii. Ite.eH,on \„. .161,H(Fj^ • - I'• (d.ouLl: rl. k•(:ANLIN , 1 . - , whose address is 11u3 Lungs !teak Av. Hill'. Longmont . n • County of Boulder ,State of Cy' 4-1 Colorado , for the consideration of • �;� I Sixty thousand and No/IOU -- S(ltl,l)UU.uu) -- . CJ dollars,In hand paid, hereby sell(s) and convey(s) to .-) C1'lY OF LUNGPIUN'1', A Municipal lumicipal rurporat ion: i, r • 0 I whose address is Luq,nlon t , County of Bulildcr• 'h. 1 n ,and State of Cul uradu the following real property in the `' County of acid .and State of(,olorado, to wit: l:r.k a-2TheCast half (1:L) or the Sopthcast quartet (SC'n) , and the Southeast u quarter (S1:',4) ut' the Nor thews! quarter (N}:'„) 01 Section tight (8) . • psi uw uship two (2) North. Hatr_c sixty-eight (b++) west of file utll P.M. .e I Weld County, Col walk); �'• AND, that portion ill the Southeast gl.arLct (tit:'n) of the Northeast quarter (NCH) of tie Nurthuast quarter (NCI,1 of said Section eight I • l8) . I� in',g Sou thrasLen y oL the right et 4-„v lnr' Inµress slid eg;ru.4s here inat ter described. �. Grantor further ge•al•is to Grrute a right of w4- 1: egress to and from y for ithirty and the al Jt scribtsl property being thirty (in) feet in width 4-S said right ill way exists at the tine of this } r b agreement; said easement being described as r:nlnit[C over the Last �•' j thirty (3U) feet of the Northeast quarter (NI:;,1 of the Northeast !'• quarter (NCH) of su id Section eight (5) : and over a strip of land thirty (30) reel ill width bei u; •1 runti Hoar ion of the unsera•nt abets •.., granted and running suutitw A t. esterly to the 'rth I ins of the Southeast ii i 1 . l quarter (SE;,) of the Nurthuast quarter (NF.i) ul said Section eightr lo (aDoc. Fee Exempt - 137-13-4(6). ') with all its appurtenances, and warrant(a) the title to the same, subject to I.A,-_ fw•s 1.1 tr'' cr a Signed this 18th day of April , 1972 . I y,� testi /L/J� 1- r I, ,ie. (e$ 7 rill STATE OF COLORADO, I; .....a,r^only of se. IH .?k 'fi BOULDER :Q 3CNF Ile 0,'.-,„, •bitti1hkpedits jnatrument was acknowledged before me this 18th I t: •- day-x-- •t Ap�f i},7 . 19 /[, by George N. ?IcLusl in t-,��0 Ye , • N cJ g tit Fnniotyespires -1 k , (I .1Yitn'ksVdy hyickibid official seal. 10"‘i DI..... �' ! ._ • _ Ndeq Public • arefuterp Aelsewy4Pnar.,t by natural person or person[here Insert uante or names; If by .... tIl<W capacity or at altornq-In-h<l then Insert nerve of hereon acting In repnnnOlhv w f'flop: If by officer of corporation then Insert na`n, person a executor attorney-m-lact or other ppecIty or Jwwlp• poraaon semint It of mach officer or officer"o the president or ,abet officers of such eory - No. 147. Varnab Deed—l:We Fe .t t,Fl-U,C.sa.lilt—Bradford Publishing Co..1824-14 Bout Street.Denver,ft tenth,•Wee kY .. ._ _.. • S EXHIBIT - - - s.a `-�, _4 rt '•7P -crr-y -' .i. `Y.`r•r�-e 1'-'cl r. `2.�q.i s r 1vr- ;-0 .M�s —=7-7 - � ��...1� LOf`IG -r3s �_y�� O< 'ft .T 'cam-,. +-�.1 ^G .tive i I r- • �,F M` "`�" A^ae�'C '` - \\'s-. FILE OF PLANNING AND DEVELOPMENT CIVIC CENTER COMPLEX Longmont, Colorado 80501 C' �O 303-ii6-6050, Ext. 330 OL p R A� TO: Planning and Zoning Commission FROM: Office of Planning and Development DATE: October 18, 1983 RE: Weld County Referral - Baldridge Application for Use by Special Review The Weld County Office of Planning Services has referred to us an application for a Use by Special Review. The applicant wishes to develop 2.5 acres of a 43 acre site for use as a farm implement dealership. According to the Veld County Zoning Ordinance, farm equipment sales and repair are permitted as a use by special review in the Agricultural District . The site is located on the south side of State Highway 119 , about three miles east of the Longmont City limits. The Longmont Landfill is directly to the south and the access R.O.W. to the landfill runs along the east side of the property. Staff makes the following findings concerning this application: 1) The site is one of those being considered for the expansion of the City landfill site. It would be contrary to the interests of the City for any sort of development to occur there until a decision is made about the location of the landfill. 2) The site is across the road and slightly to the east of the site of the Johnson rezoning. When commenting on that rezoning, the City expressed the view that the area was designated by both the Weld County Comprehensive Plan and the St. Vrain Valley Plan for agricultural use. While this proposed use would not be as detrimental to adjacent agricultural land uses as the Johnson rezoning, any commercial use detracts from the prevailing agricultural uses in the area. 3) The proposed development uses the driveway to the landfill for access. The driveway .is an easement granted to the CitLo_LsQngmont. Therefore, it probably cannot be used for access to the propose development without the permission of the City of Longmont. 4) If the driveway can be used legally without the permission of the City, the developer should be responsible for paving the driveway to the point of access and moving the gate to the landfill south. \\� + EXHIBIT —& Flanning and Zoning Commission October 18, 19£3 Page 2 Staff feels that- any decision concerning the use of land in this area, including the entire area between I-25 and the City, has an impact on the growth of develop- ment of the City of Longmont. However, the St. Vrain Valley Planning Area does nor Extend as far east as this site. We feel that since the interests of the City include this area, the St. Vrain Valley Planning Area should extend eastward tool-2c— When the Comprehensive Plan is updated next year, we will propose such an extension of the St. Vrain Valley Planning Area. We recommend that the above findings be forwarded to the Weld County Planning Commission. BJ*f/gp • • • • • • • • • • v �p - Lr•k v+ y t•r '44140:1- 4a"4 c,. �.p r.,, 21°'d t° " a'sa i,t. raft.• a'' yy•Fs. r �s s •rY Y � t ` -y. ,,4 , f}" a '?3Z '`' .d'b• e a .,,Mw ws; t g > Hd z t r i. s 9 Y a 7"t77,:...,-;•.,..:— .,,,.., , y A's,_ �Y'ty w`wp`S y �` t r`s,.a Tac. •'`r r t v ♦ z4 �, �v s 'a. •,',:•!,: -!!!!!•!..)..,t ,„ , 4,..,, .. -,.....,,,[,•: .. ...„3„. .-..,c,..„„,,,-,,t•ra ..z,� '.y r M b a '•"F ° •rt 3.t t t: r e t: :"' t l h ,t4.•.N H 1 8 1 T •t it n ,, i.i.. . . 0 , ',1 PACIFIC RE:0_ITP.I. _': LE'. IDS - • Malt , passed to use it and B#a'. *4o so, but requiring . _ .ire ne, iiea _c - a i,ntial f k trtain it, and the gnu. are I. 1 t: t he sub- o. d^' `asents brought error. < >, Frantz, J., held that may , , t : _u t.se tn.: , 4 showing that the gr, '4 5' lout earl he d that • 1) , � - t : sri : cerise!- '..' the grantee, the gr .. . . , .- `le .-; ,t: per- govt.'',; , ti t ti I .c [,i 1956 hteensees, and invite i ,. t h rn .r,it be 'inn common with t- tIg: requiring the owners ?[ 1 a :.'I 1 .. . -,ed 1st ..�.was error since the at f -• w,c for that purpose, so: T .`:_ the grantee, filed nc v::thin t 1 loan! '44D . - - c• - of use was necessar __- girls• pa;at .S.r assessing upkeep. ji.r. 1 r ratter, w -r , ,rr 136 i o . Affirmed in part are , �., , ,.. sine_, t , i i ,,n V. _ remanded. t a i w Jill.' . i_ ,.r ca lie .: i i i. .r l 7 3, l' 1 . City aiw3.. co I. I. ,r: : :...,,r, West- t , I::n w Deliver -.nick, I. Easements C=38 wt i '1,:r.t A`.t4.: _ ...• , : , of tie' Ire_ :41 t i. i 121, I .'d 'i1 j City and st Ii Easement does lir Teri,- - - ,-:;! n,aintifi,. I'n mil;.- ti i ,.in,cr v ,ding adccr, 141 y'3: over which it is e nei i ..w 1-, n t : : :! c 1 stric. t i,t -,: , I 2,1 9 I. ,?, work dispossession c ;Init.! ,r w t i a the r n _cent here . is:u i r.,..d. -' o s to I I d tr Ct. l until_', 2. Easements a52 app,-,r ira ,:':.s which is Grantor of east I L.0 iid I }2:A_fT_ J;, corsair. '.:,: . have right of user h: hut ov:i,t r Ics-c of pro,), : neckir,� C 4 $, Easements C;a52 to rewT➢C itit Cl"/C' i n Of a c unpetitp.ti q shr l.g r e oa ml t'rd w riefen:-- ° s""•°"" ",:„" _2 In absence of p *4-1.,/,.. easements for road ants, by a t -,rig the 'stiff wee whu!iii in grantee, the s zoned ti--- Tit'tioncd tract .s "D-3". 4 assignees, licensees, They wore not owners of residential • r• to use road in corn property which might be adversely affected a e by the rezonil 1 n, bit w v owners or lessees R. A. BARNARD and Lulu E. Barnard, e t„ 4. Easements C=6If Plaintiffs in Error, '"�- Requiring of b ,sinesthe property oftype authorized 4 g own by tlr rezon man in it abundantly mafcst V. c. �_tsrs easements for pr - W. B. GAUMER, Burton S. Morwood, and anted, to ,sines: that 1e -. urp use of p:,rims was to .,,E - gr City and County of Denver, a Municipal r wan; off crm ,'tariff that might ell devci_ ,-,- actions against ease Corporation, Defendants In Error. op if del, cal s are permitted t, use thc[r p '"`- were not brought Na. Isi6L ' defendants filed no prnpa ray s the c,mc purnnscs :Hat plain- - �:y..1: tifie are us ❑ :hairs. Cupnvue i', ut of Colorado. .s *-Y. use was necessary 1;,, Baud. SAW' sessing upkeep. [1.2] l i igts can b i istificd only as a s i May S, I. ,l. proper ese r en, of the police pwer. Re- t ii ' E. Easements d53 strictions on the use of pr ,erty must bear t _> Absent any at a substantial relation to the public health, Consolidated actions to enjoin obstruc- 4aa, t, maintenance of I safety, morals or enerai wvclfare. lion of a road and for chimages for alleged ,wrv, easement had beer [3] By the same authority that Denver deprivation of use of it. The District 11"`,riti I.,i• keep should be dist: had imposed restrictions on the use of the Court of Jefferson County, Osme_r E. Smith, .f,a'"t.y, - and servient eerie property in question it had authority on a J., entered a judgment in part permitting 'b,..?7 - relative use of roa proper showing to lift or modify those re- each owner of lands over which the road fs.. t'-be ascertained. I:f n V tx ...4.0..:` ` - - ----....---4 e+4ar 41 4A,` iyty ,ik, py, cv...„...-4,-, 4'h M'y.. J...,;(, 1 0-C2'.;','r J +a� ..*.,4.s...'.),'t' c'er,t F ,fi lt' k 3.' �j''k,,,--4r. W" 'K' r :�N�M� '4 y' "�''tt 1"'ti 3f ,''' ' ,y w r A f t4• pt. 5 •,:„•;••„.4• y § . u r?.-1:1-::41:‘:: M1 : 111:-;;.:"..{:, ;:. nw �iaN 8 `e $ " [ � ws • Ysry ' , r� .. .1-1-.74-.1°,..L.,,..:-: 4.)::,, ,,,'...,,:-;,,,,;,,K....4 r ! 4:.. P ti A V x*'} t ,. ', BARSI 1 D v. GAUMEP 779 tt Colo. , .' passed to use it and permitting o , 0. Easements c.36(3) do so, but requiring each owner t.: I n o' 1 . I d esta ti 0 "#' '''' taitt it, and the grantee of the ro: - ne 1 i , e1 t ` ✓'xi xs' an �:_ f ments brought error. The Supreme r -i.n Ten rm , 1 n 1 adn ,r � w s e Frantz, J., held that hi the ansen :r. r,S n e r i cc ere showing that the grants were excl..: , �, t u or i/. n nr thegrantee, thet " r d`� to Per grantors, their a r f at { :,�'mm�a true rr a r t }" .> licensees, and invitees could use thr d r ,:, t to tSon , f r a l - on utr-awn(:,1 r 'cik a,-'11,1:! in common with the grantee, but t1,-::d. x' '' � requiring the owners to maintain tilt •• ._d a 4 ;,,t,•4,1% w," r was error since the actions were not Is — -r for that purpose, some defendants, I • ,A '.i ` -. I t. . r, fr ,, i w 1e the grantee, hied no pleadings, am. to ,,. r .1.-4:, , of use was necessary to afford a °a r Q .ssessmg upkeep. . . z.+� m�' "4ts; ^e sit tyro Affirmed in part; reversed in par: -.- ;rsr t_ and ,vunt cc Ihn- t« "4 ''' s ? ,' remanded. � C,> La:;,nce Tor CV. ii. Ga:uuer andf 5. q fn a !: 1. Easements f�38 ,.r t .lon r d, dcfc. r arts in error. .1r'r₹ trA'`'` a$ t t Casement does not carry title totn. IA it t'� . over which it is exercised and does r ' hZ, Tus . 4-"`"11 . rut,, work dispossession of landowner. i it IS r It of error is concerned wi th two °t ty C:vIl ct ms in the trial court, that in 'r. 2. Easements Cr z52 v. ---i i r n ihint in error \V. B. Cannier a .. Grantor of easements and his e<el rs W. , 1 ,f and plaintiff in error R. A �; have right of user in common with gran f; r:, .r,1 u' I ',titers :v ere defendants; tile '..';:Z .l;''' '^i VI i 3. Easements C=52 � - n 'itch riot., durt m nor Burton .+« 0 In absence of showing that grv._`s t r i I -` c `vas p, I , and plain,ri:is t❑ ''R ' �"c Fir 'r+; t easements for road purposes were exch.-4\:ms c - ;'r t'cr the defend.u,ts• f . e eo s� R5 t1»� ,-.p.,,..: he r acti- ns were consolidated for } is grantee, the several grantors, :1' it fin Sa» 1 assignees, licensees, and invitees have right trial. -.,..I are presented here for review as to use road in common with grantee. one action. The only parties appearing g here (LITplaintiffs in error R. A. Barnard r n a 'v n 4. Easements b6I(10) ; ° r't and Lulu L. Barnard; and the City and li�a '.:'11:'',,f-,:‘ e irt- '� Requiring owners of land, over which County of Denver, one of the defendants casements for private road had been in error. granted, to maintain road was error where ti The hinds the first action ewerestablishing to actions against easement grantee and others I j t were not brought for that purpose, clime oat a��t a (I crec in the trial court estz bfeet in defendants filed no pleadings, and prom of a' ' '' • roar(, a Grip of land 40 feet in w41t1t L‘ili riding 1.56 miles Ionian es;crh ft ii a . il� use was necessary to afford basis of as- froml' hi�hv n in sections 9, Is anal sessing upkeep. 16. 'Teaushin -1 South, I:: t,- it \\ cst of k ny ^5 5. Easements a53 the '-di Principal [ 'rid an, ill the Genesee I I Absent any agreement on question of P;,rk r a of the Denver I' ,untaiu Parks ' maintenance of private way for which Syct.rt in loiter=nn County; and to enjoin easement had been granted, burden of up_ the de,cedants therein from ''interfering keep should be distributed between dominant sw,th or obstructing said road or the use and servient tenements in proportion to there('f." ; relative use of road, as nearly as such may The purposes of the other action were be ascertained. for an mjunctton with reference to the '1' , =fir. 'ti •y+5.3,y „ .1a ;'F tw=sr�l 11 1, d • ;t it° :,f,}d . 1 ,G'4+lf,f "d. h ₹» i' , �R",v^a i # R T 'Jk''�'zi, r'�I'.. �lio.' , :4 '.'' 1• rirx t f1t;e a �( 'fit'' r .0}'"4 y,.; ,4Q„4,4.4 +.},vn ' . y kt,� 7l[j __:o. :SI I`.C'Ii'IC 1:EPORTEP.. Dd SE1tIES same r— I : :r .1 ma:: = -nee . , .tin '.e that the, - I-- • g ;'- � -�.... .1 is not with respect to ens -.I4before us. Akin, t:on 01 II.filfinl, is- or , x: 0 G. : .t u, 'b .xa: . Ind 4] .u.; , whi_It judged that the r The ti: -Hc❑ ', •; t: ,_._- _,m mot:;.;. -- J.:n . , ,rem,:h eln. TL t-_ flat it be private road of - as 10 sume 4.4issial.slid 4-g r .I:.fault Ht .s .--e .. Barnard, and not cert la over Ii.._ia-• lilts soma ..-crud nr Iat.,' c u:P: three quest:tun, ;or deter- several grantors record c Bin. mill other rhhenth.lhs r. irlariLc Wynn this eriew, viz., (1) Where constitute the wh entered into mill i a .nth the plaictl: usa:,:, an ease'- Cull :o another assigns, licensees conceal , g 1te nikect matter am. filed no ion r,; Hum f,,,m, anti the ora:a.e co:t- right to use the plc ii: tg,. ,. as ::i m eo t:ormity wi th the gran:, +;. Barnard. ;lie two setions came on fur trIal and rsc ciG the r.,.: e r and Lis [ l [ ] t: . con.t , lctoot. '., ]'1 ente-c.. Lech acs a i .m,-it a a.e . ..li:2 to life 2 Re 1 ::r.,:, 14.,..„.. t, co„c, :oar f Haw:,:.,1 ' ' : -rcr m ei.: in I . ,d id) . an, must tl:c trial court erred 3, .,,..n pre•, oll n „hi :-.ntry r,r I ' ." - . , .-^ romi of, ..; not to and maintenance Deere 4- g for r. .:_ .:ninat..n e,c aft _.cement: ' The actions tver ,' !`1 :e Id :.e lain One trim court'; relief. Some of tI all Tug's.] i, or :art s. ,:: a --bsequ ,ht . - - tri-i of ' se one e _,Tart t mud in :tt__' ,m taut e was : n adverse in default or cute favor of the ,Tarr::r,s. :in I macs no awa .;Hirt. i:t it. roadway a nln-4 across lands non with reierene 1 i t osscsscd by Denver fur The action was of -_magus to :e t_or:ood. ' .ere' public par:: .,un: . ,.,% Wholly aside Iron L; coin :-:oticns I . A. 14i;Turd and subject, that resp Denver mined 'u :_liar u. tile Is a e:i-tgs anu %%' win rake d: ,cs:uon of these three erlv before the Decree on the main te Ti:c motion of _,awns i❑ the order abate stutcel' Rule 54(c) R.C.F the farmer -sal; dtc iel sI Ic the lattcr's 11 2] [I] The first problem .resented judgment by define w as _:ante, . `:An.Amen. lc ii and Correcrc,l r1 I'''. d ncuit of resoiuunn v.Iwn `se con- kind from * * 17n-filings or Fret and t ,nchci,::." we're „Hes the nature of the casement. We have the demand for j' entered by the trial e t rc January 13, 1940. held that an casement is a right conferred the further provisi Tilt se Findings, In _n'ostar.c. are that 4y cant or acquired h y preset:1 tine. author- parties not in clef, the road ,n coctroversy is a prr::ae and not z nag -ne to do Jr maintain son dl:i::g on the grant the- relief a public road, which was c nstrncted by land of another winch, although a benefit whose favor it is 1 the defendant I:. A. Barnard in the y'-ar t: toe land of the former, may be a burden if the party has n 1925. The trial court further found that on the land of the latter. DeReus v. Peck. in his pleadings. "in all instances where an casement was 114 oh,in. 107, 162 1'2d 404. The rights of upkeep and maint granted [to rite Barnardsi * * * the fee one holding an easement in the land of cerns parties who- title remained in the owner and by mesne another are measured by the nature and litigation and, lei: con vevane cs the present hnulowncrs and purpose of the casement. An easement possible equitable their ,grantees have become owners of the does not carry any title to the land over sponsibility among fee in the land over vhich the road passes." v,-hie-u it is exercised and the easement dots the dominant and - A finding was also made that no title nit work a dis;,ossession of the landowner. not be litigated in inimical to the rights of Venter had be ca 2R C.J.S. :e'men s § 73, p. 7_l. The shown to that part of the riiilil known as caner of tl.e sure i :t estate continues to [5] Besides pr• the ' old blacktop" upon lands 14:urging to enjoy all the rights and henedts of pro- the extent of use ` Denver. pricmrship e:,nsstent with the burden o£ in order to afford the casement. Going a step further, it is assessing upkeep a. By its judgment, the trial court ordered also the rule that thegrantor of an ease- agreement on the that "uach of the owners 01 lands over of a rivate way. ment, and his assigns, have a right of user r which an casement was granted may use should be distrih: in common with the grantee. said road and may permit others to use the and servient tene- road over their lands, but in so doing each [3] There is nothing in the record be- _ - their relative use such land owner has the responsibility to fore us vv inch shows that the respective such may be assert' keep and maintain said road over his grants of easement were exclusive in the 179 Iowa 318, 161 respective land in such condition and repair grantee; hence, the ordinary rules of law 213 Iowa 432, 23 ��). N V f ._,,1* tP :22;/,', , 1.:2.,;,•• 4i9 r,tp,Ck �q�d'A .f "✓ ' t R+lk )4.. a! x � ' :4S40,,,ST A ,^i iL ,!h ,,ti ' 3' ., � li.v. . � TMx r 4 ,yy�, s"• ,L,,,. . M4 ">c r .i .h }rr Jr t w� '�' ! 4 s^y s +' `yfy%w.. * K t '2]VS ..a di ! `' a_ g t 3AItN litD v. H_:AUMER _ 4, cr,le. �f,l � 7, with respect to easements apply to the - i s h ,:; h .. N .�" before us. Although the foul rt_ '. .i t ys, Z.?. h. _ `.� �-�: judged that the road in dispute to I ! .r„ ' _ �, ! private road of plaintiff in error 'f s' �t''�� Barnard, and not a public road, s.il 'i I ] ill' d by ilia r_v .rryY ate.tr(s .. t. several grantors of the easements - ,t salt tl,c :ir- et �, ' constitute the whole easement, anti r - t :him ,-, c m e"".."'{-1- ii,a5 A r- t;. assigns, licensees and invitees, Lava t I tame i_t a l cut in, ,I H. , y MT right to use the road in common with. " fir alai t rml of a l.e `4 " !r+ as Barnard. e -cue U b., r fair,., ti a ;,. .* [4] [2] We believe, however, t• - t _ e,d=ni t, do I:e '45,54: (74,%`` k e, trial court erred in his order for _ii e Lc and _.i (,y. ; 4:1i7 and maintenance of the subject t for - c.';:::);4- * `1t, ! rF y The actions were not brought t t � , relief. Some of the parties, as nett..., tc ee ` 5 in default or entered into written M. III i c.t r v ZiCrn s Cily Lion with reference to the road in L- I V.lint kne ale ti or '� i _, y : The action was dismissed as to r c; c tt o: the t and ruled t r t 4. ,. ,n lt�r. • Wholly aside from the law govenr r n. nor ,d,cr:o t its ex sr .iJt t $ R subject, that responsibility was net ,ei a rc o 'Lite portionot the road Ling ' �d ! a-�s tap,-r :'.4'1.:. era before the court for ad'ud!c t ,s t' efiV € f s `. f Rule 54(c) R.C.P. Colo. provides t rulings v.as con ct alfan h tvc r r:! 4 `�' i judgment by default shall not be diftar n ; � y„ at v.- el , r:n het al ,.c in 50F:h l tic• 'a" a 1 kind from * * * that prayed i 1 - t' ,4-_ Yi. the demand for judgment \\e raceaas further provision in the rule that to ' ' i` r the c at..1 hmevt r f pre- the .4:111.3--.t ; cri n _ fir ar't i . We vin t u t parties not in default final judgmcn: i go t . s he ridi c; .t did in 110!(1171:4- i grant the relief to which the part . . d .": <, het tnr:cr r circumstances n toe t $ s, r I whose favor it is rendered is entitle d t t t II.'Ctr yes of prescriptive and adverse I s- . 1; rS if the party has not demanded such I t t i sl a#1 2 i s. toil apoh d r ro t municipality. ?ra •"' .. in his pleadings. The subject of the road +^"� .,ti . ht, that ❑ :s operate public peas t rte' r ≥<. upkeep and maintenance on its lace con- In ., proprietary capacity, VV tlliams v City I - ; corns parties who filed no pleadings in the of Longmont,t, 10) Colo. 55', 129 P._'d I hi, a [t I r litigation and, being indivisible because of L;? -A.L.I . Pot City or Denver v. Sne r ` .L....4: " possible equitable distribution of the r - ,+ y, 1 k cert. a Loh). i ft S'. P. ;r'i), 2 L_P._1 . •. , r t s` sponsibility among the respective owner Of a F l;. and that in respcct to prep i tart' the dominant and servient tenements, could i,.t non a nuul. palitt is govrn cd I . I° 4,1- 1- . not be litigated in the cases under review. .16' ,. :41‘3,1". a ` Ha- tame Tides and is t Jd to the amt t „ll e [5] Besides proof should be requir, t et IU rill. f cmt;i ;ct that the law pre c,ioes 4:4;,. ti' v r'15,, flit extent of use by the several tenement, for h private cwryn City and Cow t oC in order to afford the trial court base for II t r v. I'ul i Cab Co., 135 Col) ,2, i 4. ' s t - assassin upkeep a.unst than. Absent anylift: 1',21 11116 t e deem it madv I salc to : g [ p a f. tf t agreement on the question of mains-mince .gee iur,her than necessary in sustaining the 7 f� qr of a private way, the burden of up -cep trial court. should be distributed between dominant The judgments are affirmed, except that and servient tenements in proportion tomain- their P P Portion with reference to upkeep and relative use of the road, as nearly as tenance of the road in controversy which is fp« v such may be ascertained. Kepler v. Border, reversed and remanded for further pro- p • 179 Iowa 318, 161 N.W. 302; Bina v. Bina, ceedings consistent with the views above , r�y 213 Iowa 432, 239 N.W. 68, 78 A.L.R. expressed. A C :.4, Hello