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RESOLUTION
RE: APPROVAL OF CONDITIONAL USE PERMIT NO. 59 : 80 : 7 FOR A SINGLE
FAMILY RESIDENCE ON A TRACT OF LAND LOCATED IN PART OF SEC-
TION 30, TOWNSHIP 11 NORTH, RANGE 66 WEST OF THE 6TH P.M. ,
WELD COUNTY, COLORADO.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado held a public meeting on the 11th day of August, 1980
at the hour of 9 : 00 o'clock a.m. for the purpose of hearing the
application of Eugene and Margie Yates for a Conditional Use
Permit for a single family residence on the following described
real estate, to-wit:
A tract of land being the EzNE4 Section 30,
Township 11 North, Range 66 West, 6th P.M. ,
except a tract of land as described at Recep-
tion No. 1812099, Weld County Records, Weld
County, Colorado being more particularly
described as :
Considering the North line said Section 30
to bear S. 89°40 ' 06" E. , and all other bear-
ings contained herein being relative thereto:
Beginning at the Ea Corner said Section 30; thence,
N. 89°38 ' 24" W. , 1319. 55 feet to the SW Corner
E#NE4 said Section 30; thence,
N. 00°23 ' 04" E. , 2636. 54 feet to the NE Corner
NWgNE¢ said Section 30; thence,
S. 89°40 ' 06" E. , 957 . 23 feet along the North
line said Section 30; thence,
S . 00°21 ' 59" W. , 361 . 50 feet; thence,
S . 89°40' 06" E. , 361. 50 feet to a point on the
East line EIINE4 said Section 30; thence,
S. 00°21 ' 59" W. , 2275 . 68 feet to the point
of beginning.
The above described tract contains 76. 853
acres , more or less including rights-of-way
reserved for County Road purposes along a
portion of the North line said Section 30
and is subject to any easments and/or rights-
of-way of record or as now exists on said tract.
WHEREAS, the petitioners were present, and
WHEREAS, evidence was presented in support of the granting
of the Conditional Use Permit for a single family residence, and
WHEREAS , Section 3. 3 .D. of the Weld County Zoning Resolution
authorizes such a use in an Agricultural Zone District upon approval
of a Conditional Use Permit by the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado heard all of the testimony and statements of those present,
has studied the request of the petitioners and the recommendations
of the Weld County Planning Commission and all of the exhibits
and evidence presented in this matter, and having been fully in-
formed, is satisfied that the request for a Conditional Use Permit
for a single family residence on the hereinabove described real
estate complies with all of the conditions as set out in Section
3. 3 .D. (2) of the Weld County Zoning Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the application of Eugene
and Margie Yates for a Conditional Use Permit for a single family
residence on the hereinabove described tract of land be, and here-
by is, granted subject to the following:
1. The Development Standards contained in the Conditional
Use Permit;
2. No building or electrical permits shall be issued on
the Conditional Use Permit area until the attached
Development Standards for the Conditional Use Permit
have been placed on the Conditional Use Permit Plat
and said Plat has been delivered to the Office of the
Department of Planning Services.
BE IT FURTHER RESOLVED by the Board of County Commissioners
of Weld County, Colorado that the reasons for approval contained
in the Planning Commission recommendations dated August 5, 1980
be, and hereby are, adopted as the findings of fact of the Board
of County Commissioners in this matter.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 11th day of
August, A.D. , 1980.
ATTEST: I+ BOARD OF COUNTY COMMISSIONERS
(l�...: l: .1,4". 7 , „ , &r.; WELD COUNTY, COLORADO
Weld County Clerk and Recorder '; J/ i2C (Aye)
and C rk to the B rd C. W. Kirby, %airman
KBY: e Y-C,J C V Li p <,_r VI / =zc (Aye)
-D puty County lerk onard L. Roe, Pro-Tem
AP V D AS TO FORM: J (Aye)
\\� Norman Carlson
OiCaCeee..Q County Attorney (Aye)
Dunbar
yI7LL06Aye)
DATE PRESENTED: AUGUST 13 , 1980 K. St inmar
BEFORE Tke WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. CUP f 59:80:7 Date Aug. 5, 1980
APPLICATION OF Eugene & Margie Yates •
ADDRESS . 12350 WCR 126, Carr, CO 80612
Moved by Bob Ehrlich that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the
application for Single Family Residence
covering the following described property in Weld County,
Colorado, to-wit:
(see attached) C-c?r=,e;•
a 19* .
w/Development Standards
be recommended (favorably) (xat6euxrachcicyI to the Board of County
Commissioners for the following reasons:
1. It is the opinion of the Planning Commission that this request is in agreement
with the Weld County Comprehensive Plan in that the proposed use would not
appear to have any adverse impacts on the agricultural interests of the County
or the environment. Further, it is the opinion of the Planning Commission
that agricultural operations will be improved in that it is the intent of the Ken
Yates Family to pursue a more intensive agricultural operation on the property
than exists at present.
2. It is the opinion of the Planning Commission that with the .design and controls
proposed in the operation, and the attached development standards , there is
little chance for adverse impacts on the surrounding environment.
3. • It is the opinion of the Planning. Commission that this proposed operation is in
compliance with .t_he provisions of Section 3.3.D. (2) of the Weld County Zoning
Motion seconded by- Irma White
Vote: For Passage Bob Halleran Against Passage
•
Fred Otis •
Bette Kountz
Bob Ehrlich
Irma White
•
Chuck Carlson
Don Billings
The Chairman declared the Resolution passed and ordered that a certified _copy
be forwarded with the file of this case to the Board of County Commissioners
for further proceedings.
Planning Commission Recommendation
Eugene & Margie Yates CUP-59:80:7
Page 2
Resolution. This determination is based in part upon a review of the
information submitted by the applicant, other relevant information
regarding the request and the responses of the referral entities which
have reviewed this request.
The Planning Commission recommendation for approval is conditional upon the
following:
1. The attached Development Standards being recommended and adopted for
the Conditional Use Permit.
2. No building or electrical permits shall be issued on the Conditional Use
Permit area until the attached Development Standards for the Conditional •
Use Permit have been placed on the Conditional Use Permit Plat and said
plat has been delivered to the office of the Department of Planning
Services .
CERTIFICATION OF COPY
Dianne J. Reed , 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 August 5, 1980 and re-
corded in Book No . VII of the proceedings of the said Planning
Commission .
Dated the 8th day ofn August 19 Fin
ktCx e/ }/ • Q
Secretary �/
DEVELOPMENT STANDARDS
Eugene and Margie Yates
CUP-59:80:7
1. The permitted uses on the hereon described parcel of land shall be a
single family residence and shall be limited to the facilities shown
hereon and all other uses permitted by right under Section 3.3. B of the
Weld County Zoning Resolution.
2. The Conditional Use Permit area shall be maintained in such a manner so
as to prevent soil erosion, fugitive dust, and the growth of noxious
weeds.
3. All phases ofd the operation shall comply with all County and State
Health Standards and Regulations pertaining to air quality, water
quality, noise emission, and sanitary disposal systems.
4. All accesseslshall have the approval of the Weld County Engineering De-
partment. All accesses shall be constructed in accordance with the re-
commendations and/or requirements of the Weld County Engineering Depart-
ment.
5. The Conditional Use Permit shall be limited to the plans shown hereon and
governed by the Development Standards stated above and all applicable
Weld County Regulations. Any material deviations from the plans and/or
Development Standards as shown or stated above shall require the approval
of an amendment to the Conditional Use Permit by the Planning Commission
and the Board of County Commissioners before such changes from the plans
and/or Development Standards shall be permitted. Any other changes from
the plans and/or Development Standards shall be filed in the office of
the Department of Planning Services.
6. The propertyllowner and/or operator of this operation shall be responsible
for complying with all of the above stated Development Standards. Non—
compliance with any of the above stated Development Standards may be
reason for revocation of the Conditional Use Permit by the Board of
County Commissioners.
VT:rg
8/1/80
� _ S \`
COMMENTS
To date our office hasnot received any letters from surrounding property
owners objecting to this request.
The Soil Conservation Service has stated that the applicant take extra pre-
caustions to prevent wind erosion. Site preparation shall be limited, if
possible to lessen the soil erosion potential due to wind.
The Colorado Geological Survey recommends that the foundation excavation be
examined by qualiflied personnel to confirm proper design criteria.
VT:rg
8/1/80
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Planning Commission Mi , " es
August 5, 1980
Page 4
Tape 25 - Side 2
CASE NUMBER: S-191:80:12
APPLICANT: John Coy
SUBJECT: Final Plat V.G.G. Subdivision
LEGAL DESCRIPTION: Pt. E2 NE4 NE4 Section 16, T5N, R65W
LOCATION: Southwest corner of E. 20th Street and Cherry Avenue
APPEARANCE: Art Uhrich, ARIX representing John Coy
There was general discussion again on the curb, gutter and sidewalk condition
by the City of Greeley.
MOTION: It was moved by Don Billings and seconded by Bob Ehrlich that this request
be continued until the next regular meeting in order to give the Planning
Commission an opportunity to meet with the Greeley Planning Commission to
discuss the policy on curbs and gutters. Motion carried unanimously with
Billings, Halleran, Otis, Kountz, White, Ehrlich and Carlson voting for and
none against.
Tape 25 - Side 2
CASE NUMBER: CUP-59:80:7
`X APPLICANT: Eugene & Margie Yates
SUBJECT: Single family residence
LEGAL DESCRIPTION: Pt. EZ NE4 Section 30, T11N, R66W
LOCATION: 1 mile 'west of Rockport
APPEARANCE: Bob Burroughs representing Mr.. & Mrs. Yates
There was general discussion on the area around Rockport and the nature of the
request.
MOTION: It was moved by Bob Ehrlich and seconded by Irma White that the Planning
Staff's recommendation be accepted by reference and forwarded to the Board
of County Commissioners with recommendation for approval . Motion carried
unanimously with Haller, Otis , Kountz, White, Billings, Ehrlich and Carlson
voting for and none against.
,
Tape 25 - Side 2
CASE NUMBER: CUP-60:80:8
APPLICANT: Errol 'Beair, et al .
SUBJECT: Softball complex
LEGAL DESCRIPTION: W1/2 W1/2 SE4 Section 25, T2N, R68W
LOCATION: : mile west of Firestone on the north side of County Road 16
APPEARANCE: Daryl Bach explained the type of facility they are planning.
There was general discussion on the methods for supplying water for these fields,
and where the fields will be located on the acreage.
MOTION: It was moved by Fred Otis and seconded by Don Billings that the Planning
Staff's recommendation with the addition of a condition #5 to read as follows :
"The applicant shall demonstrate to the Board of County Commissioners that an
appropriate plan to control fugitive dust exists and can be implemented." be
Date: Au0T : 5, 1980
CASE-NUMBER: CUP-59:80:7
NAME: Eugene and Margie Yates
REQUEST: Single Family Residence
LEGAL DESCRIPTION: Part of the E-5 NEB, Section 30, T11N, R66W
LOCATION: 1 mile west of Rockport '
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS TIJAT THIS
REQUEST BE Approved FOR THE FOLLOWING REASONS :
1. It is the opinion of the Department of Planning Services Staff that this request
is in agreement with the Weld County Comprehensive Plan in that the proposed use
would not appear to have any adverse impacts on the agricultural interests of the -
County or the environment. Further, it is the opinion of the Staff that
agricultural operations will be improved in that it is the intent of the
Ken Yates Family to pursue a more intensive agricultural operation on the
property than exists at present.
1
2. It is the opinion of the Department of Planning Services Staff that with the
design and controls proposed in the operation, and the attached development
standards, there is little chance for adverse impacts on the surrounding
environment.
1 `
,3. It is the opinion of the Department of Planning Services Staff that this proposed
• operation is in compliance with 'the provisions of Section 3.3.D. (2) of.the Weld
i 1
County Zoning Resolution. This determination is based kin part upon a review
of the information submitted by, the applicant, other relevant information regarding
the request and the responses of the referral entities which have reviewed this
request.
The Department of Planning Services Staff recommendation for approval is conditional,
upon the following:
1. The attached Development Standards being recommended and adopted
for the, Conditional Use Permit. •
.
2. No building or -electrical• permits shall be issued on the Conditional
Use Permit area until the attached Development Standards for the Conditional
Use Permit have been placed -on the Conditional Use Permit plat and said
plat has been delivered to the office of the Department of Planning Services.
l--
DEVELOPMENT STANDARDS
Eugene and Margie Yates
CUP-59:80:7
1. The permitted uses on the hereon described parcel of land shall be a
single family residence and shall be limited to the facilities shown
hereon and all other uses permitted by right under Section 3.3. B of the
Weld County 'Zoning Resolution.
2. The Conditional Use Permit area shall be maintained in such a manner so
as to prevent soil erosion, fugitive dust, and the growth of noxious
weeds.
3. All phases of the operation shall comply with all County and State
Health Standards and Regulations pertaining to air quality, water
quality, noise emission, and sanitary disposal systems.
4. All accesses shall have the approval of the Weld County Engineering De-
partment. All accesses shall be constructed in accordance with the re-
commendations and/or requirements of the Weld County Engineering Depart-
ment.
5. The Conditional Use Permit shall be limited to the plans shown hereon and
governed by the Development Standards stated above and all applicable
Weld County Regulations. Any material deviations from the plans and/or
Development Standards as shown or stated above shall require the approval
of an amendment to the Conditional Use Permit by the Planning Commission
and the Board of County Commissioners before such changes from the plans
and/or Development Standards shall be permitted. Any other changes from
the plans and/or Development Standards shall be filed in the office of
the Department of Planning Services.
6. The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Development Standards. Non-
compliance with any of the above stated Development Standards may be
reason for revocation of the Conditional Use Permit by the Board of
County Commissioners.
VT:rg
8/1/80
COMMENTS
To date our office has not received any letters from surrounding property
owners objecting to this request.
The Soil Conservation Service has stated that the applicant take extra pre-
caustions to prevent wind erosion. Site preparation shall be limited, if
possible to lessen the soil erosion potential due to wind.
The Colorado Geological Survey recommends that the foundation excavation be
examined by qualified personnel to confirm proper design criteria.
VT:rg
8/1/80
' s
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
` l June 19, 1980
0 •
n R O
•
COLORADO
Mr. and Mrs. Eugene Yates
12350 Weld County Road 126
Carr, Colorado 80612
•
Re: Request for a Condition Use Permit for a residence on property described
as Pt: Eli NE1, Section 30, T11N, R66W of the 6th P.M. , Weld County, Colo.
Dear Mr. and Mrs. Yates:
Your application and related materials for the request described above are
complete and in order at the present time. I have scheduled a meeting with
the Weld County Planning Commission for Tuesday July 15, 1980 at 10:00 a.m.
This meeting will take place in the County Commissioners Hearing Room, First
Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado,
It is recommended that you and/or a representative be in attendance to make
your presentation on your request and be available to answer any questions
the Planning Commission members might have with respect to your application.
If you have any questions concerning this matter, please feel free to con-
tact me.
Respectfully,
Vickie Traxler
Assistant Zoning Administrator
VT:rg
cc Robert C. Burroughs, P.C. , 115 Second Ave., Ault, Colorado 80610
1 '
. SENDER: Complete items I,2,and 3.
Add your address in the"RETURN TO"space on
g reverse.
7 2 5 0 3 C9 i�6 1. The following service is requested (check one).
P11 -, a—J lP b <Show to whom and date delivered —S
tv
RECEIPT FOR
ra Show to whom,date,and address of delivery..—Q
CERTIFIED-MAiL T.', RESTRICTED DELIVERY
' NO INSURANCE COVERAGE PROVIDED— - Show to whom and date delivered —'q
., NOT FOR INTERNATIONAL MAIL ' - ❑ RESTRICTED DELIVERY.
(See Reverse) Show to whom,date,and address of delivery.S—
SENTTO,, j _ _ - (CONSULT POSTMASTER FOR FEES)
' STRE AND NO. • i _ 2. ARTICLE ADDRESSED TO:
' 12350 WCR 126 Mr. and Mrs. Eugene Yates
P.O.,STATEAND ZIP CODE _ '
'Carr-,'- ColO. ,80612 - ' m 12350 WCR 126 •
POSTAGE : - $ L '- - El ' Carr, Colorado 80612
9
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•
CASE SUMMARY SHEET
Case Number : CUP-59:8O:7 P. C. Hearing Date : August 5, 1980
Applicant : Eugene and, Margie Yates Property Owner: Same
_ I
•
Size of Parcel: 77 Acres Staff Hember to Contact:
• Vickie Traxler
Legal Description: . Part of the EZ NE1, Section 30, T11N, R66W
Location: 1 mile west' of Rockport
•
•
Existing Zoniiig: Agriculture
Request : Single Family Residence'
•
Possible Issues Summarized from Application liat'e'riaTs:•
1. Additional.Residence in Agricultural Zone
•
•
I) ELD CHEC):
1 LiN CAR-59 : ()% 1 DATE OF INSPECTION : a L 17 1980
G u �3ER:
NAME: E �' Y lea_
REQUEST: � \ inn S% ` o
LEGAL DESCRIPTI ON : ? . Iv F 4 59-e 0 ) 11 R lololk)
LAND USE: N Nir 1A 0Iwp. 1
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17 f \( \ C-k 1 A\ Q ZONING: N y\c�1�llrC�l11
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LOCATION: I ham �ea\l v., - E i ‘
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COMMENTS: l
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.
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_ CaNDITIONAL USE PERMIT t- ,,
4FLOW SHEET
APPLICANT: Eu ffn . Qax1a. Ju, a It \?aria CASE /t CAP 591.1a-o 7
REQUEST: 'kt\i: a.. cars,N.A i, r-R25cke_v ..e..
f� J/ £'
LEGAL: r L E V'\ &C%dh %O ,TI I M R
� W I
LOCATION: • L l-JJ- With eI i ockpori - I DATE
111 BY .
Application Received . bakZ_�o 1 , .
Application Fee —Receipt # `k' SE 'o-` t - tro \(T
Recording Fee '0. tiOS^ 6- - SO 1UT
Application Complete 1..v4.ck T 5 ` \ CN�p - I fr -%0 'Fr
P.C. Hearing Date: lo -I k-?co U `
Letter, to Applicant Drafted 6-[ti -an VT
Referrals Listed l -Ifi -S'Sb VT
JUL 17 19:1 �./
eA/1 .i
Field Check by D.P.S . Staff -
File Assembled 6-.1Q1 -'Bo ✓� l --x
Referrals Mailed i -19.- 8o
Chaindexed b --
Notification of Applicant b- 1g - 8o k,�e1
Surrounding Property Owners Researched \III4'Z tap -0 Q � K
Airphoto/Vicinity Map Prepared I11WV_ an k.D
Property Owners Notified by: 3405 Lk jelkn -7cke a \_(D
Agendas Mailed by: ISA� '% 1 `�to � al 'D. 2
Legal Approved by County Attorney c�luna 2 VD•b.
Referrals Complete . � - I-$O V-C
Preliminary D.P:S: Staff. Comments %- 1- lie LIi
Staff Conference 1 • 8--L—%O UT
D.P.S. Comments -1-` MT
P.C. Hearing Action: ,rpyej SI-SATs Tt.H
P.C. Resolution b it-Sio b.& .
Case Sent to Clerk to Board - 1AaSO Sirs
C.C. Hearing %.L(-%O Action &p roved 1` l4'� "C4.4
C.C. Resolution Received `"'�`T �_ &`14 -,c/ A.'C ..
History Card ,Complete •
g- 13 — o a ��/,�,'n
C:C. Resolution Sent to Drafting 9c0 (81MM �L�.v
Drafted on Mylar I °� C0. ,
sEP •3 1980 ,��/
Document Sent to Clerk and Recorder p v�
P.C. Minutes p " /3 gib dO
113O Mvi‘ Pt Ivo \0.bL-
`rluo Iev .
CO - TIONAL USE PERMIT APPLICP ]N
Weld County
Department of Planning Services
915 - 10th Street
Greeley , Colorado 80631
PHONE : 356-4000 Ext. 404
FOR PLANNING DEPARTMENT USE ONLY :
Permit Fee : NN{ p , cO O Case Number : CI12 S9: &).'7
Recording Fee : ap, bo • ZoS App. Checked by : \}�
Receipt No . : y..n ¶5
TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE-
MENTS : Print or type only , except for necessary signatures .
I , (we ) the undersigned , hereby request a hearing before the Weld County
Planning Commission concerning a proposed Conditional Use Permit for the
following described unincorporated area of Weld County :
LEGAL DESCRIPTION of contiguous property owned upon which Conditional Use
Permit is proposed :
See attached Exhibit "A"
LEGAL DESCRIPTION OF CONDITIONAL USE PERMIT AREA:
See attached Exhibit "B"
STREET LOCATION : 12350 Weld County Rd 126 ZONE : Pt rscu.�}
PROPOSED USE : See attached letter from. applicants
REASON : ' See attached letter from applicants
FEE OWNERS OF AREA PROPOSED FOR CONDITIONAL USE :
12350 WCR 126 897-2447
NAME : Eugene & Margie M. Yates ADDRESS : Carr, CO 80612 TEL :
NAME : ADDRESS : TEL :
NAME : ADDRESS : TEL :
I hereby depose and state under the penalties of perjury that all state-
ments , proposals and/or plans submitted with or contained within this
application are true and correct to the best of my knowledge.
COUNTY OF WELD )
STATE OF COLORADO ) Eugenetai ' J1
Mar�iatesOwn of Authorized Agent
Subscribed ,and. sworn to before me this 11th day of June , 1980 .
•
E A,L
No ary Public
021314a,
litmi st n expires : June 27, 1981
JUN 19BD mh,
RECEIVED2g ROBERT C. BURROUGHS, P.C.
,� Attorney at Law
Add Ceuntl 115 second Avenue
penelaC Ce®®1sslen
Ault, Colorado 80610
�� ; _ I I ICI Ira ■I1Dum
An
}� M
I eO To Eugene and Margie Yates Date June 20, 1980
4 .
COLORADO I From Vickie Trax l er, Assistant Zoning Administrator
Subject: Change of hearing date
To confirm our telephone conversation of June 20, 1980. Your hearing with
the Weld County Planning Commission has been set for August 5, 1980 at
1 :30 p.m. iin the Commissioners' First Floor Hearing Room. Centennial
Building, 915 IOth St., Greeley, Colorado.
VT:rg
cc Robert CI. Burroughs, P.C.
Irma White
•
•
Department of Planning Services
Weld County; Colorado
915 10th Street
Greeley, Colorado 80631
Gentlemen:
This letter'will set forth additional information concerning
our application for Conditional Use Permit: -
Proposed use: The proposed use of the conditional use permit
area will be for the construction of a residence
for our son and his family and for farming.
Reason: To convey the conditional use permit area to our
son and his wife, Kenneth E. and Edith Yates.
Disposal of sewage
and Water supply:
Kenneth and Edith Yates will make-proper application
for building permit. A domestic well and septic tank
and leach field will be established upon the conditional
use permit area as the building permit is obtained.
Roads: There will be no need for road improvements.
Yours very truly,
Eugene atesgn
-7/2„2„,frizolati)
Mar` gie M. Yates
1 X
ROBERT C. BURROUGHS, P. C.
ATTORNEY AT LAW
115 SECOND AVENUE -AULT, COLORADO 80610
303 834-1333
June 11, 1980
Department of Planning Services
915 10th Street
Greeley,IIColorado 80631
Re: Application for Special Use Permit
Gentlemen:
Please find forwarded herewith the following items:
1
(1) Application for Special Use Permit of Eugene Yates and
Margie M. Yates.
(2) Letter from Eugene Yates 'and Margie M. Yates containing
supplemental required information.
' ';(3) Listing of owners of property within 500 feet.
(4) Copy of Deed showing applicants as fee owners.
i-" (5) Copy of report from Soil Conservation Service.
(6) Twelve (12) sets of plans.
(7) Check in the amount of $140.00 filing fee and
check in the amount of $20.00 recording fee.
Please direct any correspondence, including notification
of hearings, concerning this application through this
office. !
Yours very truly,
obert C. Burrow
RCB:rls �f 1/111213step�
encl
JUN 1980
ryt:CE1vg. a
Fla CO
Welt Cello .
Calms;lae ��
REFERRAL LIST
Z ARM ANT Eugene and
O g Margie Yatet
H
CASE if CUP-59:80:7 •
_
r
W 'REFERRALS SENT OUT ON: June 19, 1980
co x V REFERRALS TO BE RECEIVED BY: July 3, 1980
C Pi PI
HPi f/ ,
Z •
•
U U o
4.4 H P
h P.' N
O U fZ '
PEI
to ti REFERRALS RECEIVED .
-
X JUN.'2.21 19$01, County Attorney
Y - . - : JUL 7 1980 2. County Health
X .
. . . JUL 3 1980 3• County Engineer -
-
X • JUL 11 1980 4. Greeley Soil Conservation Service
4302 West 9th Street Road
Greeley, Colorado 80631
JUL 2 1980 5. State Engineer
f' Division of Water Resources ,
Department of Nautral Resources
1313 Sherman Street
• Room 818
Denver, Colorado 80203
Y JUL 3 1980 6. Colorado Geological Survey
1313 Sherman Street
. " Room .703 .,
,. . - -.Denver;, Colorado-'80203,
7. Irma White " -
. . . - . Planning Commission `Member
Box 343 " '
Ault, Colorado 80610 '
.
1
X
i'
A ' DEPARTMENT OF PLANNING SERVICES
i. 1 :�]'t T t PHONE 130313564DD0 EXT Gr
111���iii iii��� 97510TH STREED
�,x� �� �{�Oa GREECE V,COLORADO 8003E
[l �k7t JO June 19, 1980
1.
( iE Fl/ ®I WELD COUNN CASE NUMBER CUP-59:80:7
i FJ19ineerin9 �epanm�i
COLORAD,, .,
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Eugene and Margie Yates
for a single family residence
The parcel of land is described as pt ofEk NE1 , Section 30, T11N, R66W of the
6th P.M. , Weld County,Colorado •
The location of the parcel of land for which this application has been
submitted is 1 mile west of Rockport
This application is submitted to your office for review and recommenda-
tions. Any conents or recommendations you consider relevant to this
request would be appreciated. Your prompt reply will help to facili-
tate the processing of the proposal and will ensure prompt considera-
tion of your recommendations. If a response from your office is not
received within 21 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 21 days (but wish to do so at a later date) please
notify our office to that effect.
Check the appropriate boxes below and return to our address listed
above. Please Ireply by July 3, 1980 so that we may give
full consideration to your recommendation. Thank you very much for
your help and cooperation in this matter.
1. ,0‘i: We have reviewed the proposal and find no conflicts with our
interests.
2. A formal recommendation is under consideration and will be
submitted to you prior 'to te 3. Pleas refer to the enclosed letter. :61;linilk;!:YL27
Signer,/x � well/ �r Agency LCD
ccd
"
I �I Waaaag C ll Mal ali Cr
� �d
Assistant Zoning Aim n strator cleo.. L ‘y f�1L�y
rjg
6/19/80
71 f Wc_tiO
DEPARTMENT OF PLANNING SEP‘iiCE!
PHONE 13031356-0D00 EX' -G!
91510TT HS TEE
GREELEY,COLORADO c::c3
_ \i1 June 19, 1980
;n a [i J 6J J c , • CASE NUMBER CUP-59:80:7
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Eugene and Margie Yates
for a singlei family residence
The :parcel of land is described as ptofEL; NE1, Section 30, T11N, R66W of the
6th P.M. , Weld County,Colorado
The location of the parcel of land for which this application has been
submitted is 1 mile west of Rockport
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 is not
received within 21 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 21 days (but wish to do so at a later date) please
notify our office to that effect.
Check the appropriate boxes below and return to our address listed
above. Please reply by July 3, 1980 so that we may give
_ full consideration to your recommendation. Thank you very much for
your help and ;cooperation in this matter.
1. We have reviewed th9 proposal and find no conflicts with our
interests . 41Wic Nutsf 4A0, -for tic_ . ✓n-Jf
i
2. A formal recommendation is under consideration and will be
submitted to you prior to
3 . . Please refer to the enclosed letter. + 910/%,�
Signed ,,� Agency W G .001 D e
M G
O (di�- f 0.lti- `dc �a°°tai 1,o
Assistant Zoning Acministrator �`5d6ZEZ �1O"
rjg q
6/19/80
•
i - .
likt
`,w`` 2pQE� DEPARTMENT OF PLANNING SERVICES
• PHONE 1303)3564000 EXT 4
J 915 10TH STREET
GREELEY,COLORADO 80631
June 19, 1980
CASE NUMBER CUP-59:80:7
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Eugene and Margie Yates
for a single family residence
The parcel of land is described as pt ofE1/4 NEZ, Section 30, T11N, R66W of the
6th P.M. , Weld County,Colorado
The location of the parcel of land for which this application has been
• submitted is 1 mile west of Rockport
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 is not
received within 21 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 21 days (but wish to do so at a later dat1 ),, please
notify our office to that effect.
Check the appropriate boxes below and return to our address listed
above. Please reply by July 3, 1980 so that we may give
full consideration to your recommendation. Thank you very much for
your help and cooperation in this matter.
1. We have reviewed the proposal and find no conflicts with our
interests.
2. A formal recommendation is under consideration_a1nd• will be
submitted to you prior to
3 . ✓ Please refer to the enclosed letter. /•-- o ", g
if A
Signed U^ eittp Agency te cocliate -S P./CO
0 11V ' Ir
(ter 69
Assistant Zoning Acministrator
rjg
6/19/80
1
POUDRE :VALLEY Poudre Rr
RURAL ELECTRIC ASSOCIATION Valley A
P. O. BOX 1727 FORT COLLINS, COLORADO 80522 PHONE 226. 1234
June 25, 1980 •
-
Weld County Department
of Planning Services
915, 10th Street
Greeley, C, 80631
Dear Sir:
Re: Letter, of June 20, 1980 - Eugene and Margie Yates
Poudre Valley Rural Electric does not object to the Yates request
to build a' single family dwelling to be located in part of the
Ez, NEa, Section 30, Township 11 North, Range 66 West.
If you have any questions, please contact me.
Sincerely,!
41A)Zitt.,1
Duane M. Ritchie
' Commerciale Director
DMR/ls • fl
k t1
l I 7 .fitUNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
4302 W. 9th St. Rd. - Greeley, CO. 80631
July 2, 1980
Milton Baumgartner, President
West Greeley SCD
P.O. Box 87 '
Greeley, CO. 80632
•
I have reviewed Conditional Use Permit for Eugene and Marie Yates
for 'single family residence to be located in Ell NE1 Sec. 30 T11N
R66W.
The proposed improvement area is located on what appears to be
Ascalon fine sandy loam and Olney fine sandy loam soils. Both soils
have characteristics that are compatible with intended uses. Both
soils do have moderate wind blowing hazard. Site preparation for
construction should be limited, if possible, to lessen the wind
soil erosion potential.
I can see no further concerns.
S rely,
(1
nald Miller,
District Conservationist
Ana
Cu �g� v
0 1 r
v
i( 6
ca
,c�,,y OW! •^`1
•
We°enteilith
or Co
RICHARD D. LAMM * * JOHN W. ROLD
GOVERNOR # ,a = * Director
*
2846
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET
DENVER,COLORADO 80203 PHONE (303)839.2611
July 2, 1980
Ms. Vickie Traxler
Weld County Department of -
Planning Services
915 10th Street
Greeley, Colorado 80631
Dear Ms. Traxler: RE: YATES SINGLE FAMILY
RESIDENCE
WELD COUNTY
We have reviewed the Yates conditional use permit application. The soils
in this area iappear to have a low swell potential .. We recommend that the
foundation excavation be examined by qualified personnel to confirm proper
design criteria. We also suggest that the septic system be designed and
sited by a qualified sanitarian.
If these recommendations are followed, we have no objection to approval
of this application.
Sincerely,
L• C�u�L1'LP,�'�
Julia E. Turney (�
Engineering Geologist
JET/gp
cc: LUC
yt> G90
3456�,
3130
Cat) na
NO„stela a*
GEOLOGY
STORY OF THE PAST . . . KEY TO THE FUTURE l
Se.COOo
w
RICHARD D. LAMM A.7 o O
Governor col O J.A. DANIELSON
State Engineer
*7876
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street-Room 818
Denver,Colorado 80203
Administration(303)839-3581
Ground Water(303)839-3587
June 27, 1980
Ms. Vickie Traxler
Weld County Dept. of Planning Services
915 10th St.
Greeley, CO 80631
Re: Yates 'conditional use permit
Case No. CUP-59:80:7
Dear Ms, Traxler:
We have reviewed the above referenced application for conditional
use. We feel that a dependable water supply will be available from
proposed well and we recommend approval of the Yates Proposal.
Very truly yours,
Ile A jyan-
Hal D. Simpson, Chief
Water Management Branch
HDS/GDV:pkr
cc: Jim Clark,: Div, Eng.
Reiner Haubold
Land Use Comm.
Q3� 12 34
4. S
'C‘' JUL to
ti RECEIVED o
0-5 Weld County
en Banning Cnmmlaston
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IJJ• . ., �0\ • .J562S •I\I\\, •\ 29\` '��\,/• 2,,,y/ -1 t\ ) 1' 1 E• ••‘:\>:-•72-1 I:"C ___r.‘). „ ,1 N
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DEC 61979 n. 'dmta Q if. .-
889' RmordM--.__ _
I Reception Na 1.BSZZl5 .. .1 e Recordn, • '..
• I wilts PPeb, .. In the -,-, I.:....
,
F . _1 was this .z9— day d June
It
P year'of our Lord one thomand nine hundred and seventy one between } o
- .. hfflA W. SMIT7l 4'...;:. ,„;
o of the • County •
of Weld and Stand Colorado.d the • ;'"a j`'
`: r
' - first pan.and EUGENE YATES and MABGIE H. YATES .. _ r cf‘1.: ;..i y,
-T, e cyii. C'fd - 206f
and Snn d Cofaaaa d lira D
t `{; d the Count A • Weld pr-.t.
`' second put:' . ;
o WITNf BHTH:To.the mid party d the&N part far and In motldeatbe d the mum of e e .. _�1
•le a` a Oo the valuable consideration and Trusted tea/100 - ha DOLLARS, 'i F
o tone said pony the parth in henna paid by the said gaud. A the yead poet, ththese s receipt a whereof .
` hereby confessed and acknowledged,reccn W a grscrad, wganea ode co conveyed,and by mutate doss 'rs .. e.,•-• ;I _
,,,j�.: o grant wgain,nth convey and uaetnt unto the Wd pards of the semad put to pass aol In tenancy In common _.,
but in Joint leumcy,the survivor of them,their sienna and the heirs and assigns of such amine forever,all the fd• ',�
lowing described lot or panel of land,situate,lying and being la the '
•
d f r`T— County a Weld and State of Colorado,to•wln a
'.o • East Half Northeast Quarter (EIt1E+) and Northwest Quarter • .rr ' -
W Northeast Quarter (NW}tlE}) and Northeast Quarter Northwest • - I -
' o Quarter (NE1&HW}) Section 30, Township 11 North, Range 66 •:�,
,,. - West of the Sixth Principal Meriden. •'' =
- +. ; Excluding prior grant'of one-half of all oil, gas and
.- '. .
`r - mineral rights by deed recorded in Book 1373, Page 334, I....,. ••--- ----
-
'4, Weld County records. State Do . celery Fee -'j;,A
•
•
' Date_QEPe_..$•1979— ''4.i
I 3.,.Qt.K_v. r
L: it )o,•1'%
` S °'r , TOGETHER with all and B113211111 the hereditament,and appurtenance,thereunto belonging,or In any win Iri, r,
appernlning, and the loo and reversion., remainder and remainders, rent, hints and profits theredi and , ei
904 all the estate,right,tidy.Inertly claim and demand whatsoever of Ike said party of the lint part either la a-;r
1 law or equity. of in end to the above bargained premise,IL.hereditament,and appurtenances
TO HAVE AND TO HOLD the Bald premises above bargained and described.with appurtenance., ante ths • he
s:
,•'1' said pasties of the*coat Pert,the Survivor of them,their assign.,and the heirs and assigns of nth survivor fn. .!;•
3? ever. And the said pat y of the first part,for himself, his heirs. executors, and adminhtrators, do es t\".
covenant, grant, bargain rod agree to and with the laid parties of the second part the survivor of them, •
' ctheir +":.
*soigne and the heirs and assigns of ouch survivor,that at the time of the ensuing and delivering of their,presents, "...Ir.',.
he is well seised of the premise,above conveyed, as of good.sure.perfect absolute and Indefeasible estate • Ayl
of Inheritance,n law,n fee alm1te,and has good eight full power and lawful authority to rant bargain.
;y sail and convey,the nme in manner and'ornr aforesaid,and that the same are free and clear from all Conner and - ir}
oilier rants. bargains, idles, liens, levee ane,ment and Incumbrancea of whatever kind or nature team: • I
{•• -Except 1971 general property taxes, payable in 1972, easements, restrictions
,i/•,' reservations of record or established on the premises.
li'
and the above bargained premise,In the quiet and peaceable pon of euion of the said partkathe Woad part the • 'G`
al; .r. survivor of them, their assigns and the heirs end thalami of such miniver,against all and any prron ar :cues %• -
:i „ lawfully claiming cc to claim the whole or any past there,the said party ' d the flint pan shall ad N1 : '
•
`• WARRANT AND FOREVER DEFEND.• -, •
• 11N WITNESS WHEREOF,Ow'aid put y.of the Ent Pan WO hereunto set his bad aid ? '
•
nil ' the day and year flrai above written. . at'• y
Signed,Sided and Delivered in the RCM= J'I 1_ Lt)• N144-4- (SEAL) (<•, ,
Y _ (SEAL) r
i _ _ (SEAL). "•
' ' STATE c�f,COLORADO,},. The foregoing n,tramen was scknowledra below me tbv 'L-7 day of f '
(pa ssucl/COeld. JJ .
{e.:; •
y.1,:.•-•.,., ..,,,esGs —_J mt1._�--�ign,by Milo W, Smith c
T:'O r ,�:
re,' - e!rani \\4,, i o,9 t Wittiest l y Herd see t'Mrl Seal ;I ' /9 ' ' . .
ai =
•,. 'r • i :',lye-V.I.1O sir amnbke :6hea %,i-
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, Li{.'. -ylf.'......O vOf s` pay pttNo. •
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WARRANTY DEED—To Joint 'tennis A.- "? It ,,>-
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„ -- ^.onditional Use Permits
ISubdivisions
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
G REELEV,COLORA DO 80631
1 r
r& 77
I
, . June 20, 1980
COLORADO
To Whom It May Concern:
I
You are receiving a copy of this notification because your name appears
as a surrounding property owner owning property within 500 feet of the
proposed use.
The Weld County Planning Commission will review a request from
Eugene and Margie Yates
for a gingfa Finaily Rasidene0
on property described as follows : Part of the E'i NE*, Section 30, TI IN, R66W .
The location of the parcel of land for which this application has been
submitted is : I mile west of Rockport .
If you have any suggestions or objections, will you kindly notify us
in writing before July15 1980 The meeting by the Weld
County Planning Commission is scheduled for August 5, 1980 .
This meeting will take place in the County Commissioners Hearing Room,
first floor, Weld County Centennial Center, 915 10th Street, Greeley,
Colorado, at 1 :30 p.m. If you have any questions concerning this matter,
please contact the Department of Planning Services at 356-4000, Ext. 404 .
lClaw_--ci a. .'Iyr
Assistant Zoning Administrator
rjg
6/20/80
Following the hearing before the Planning Commission this request will
be forwarded to the Board of County Commissioners for their review.
Should you desire additional information concerning the hearing before
the Commissioners, please contact the office of Clerk to the Board,
356-4000, Ext. 225.
MAILING LIST - EUGENE AND MARGIE YATES
CUP-59:80:7
James and Bernice Morrison
Carr, Colorado 80612
Eugene and Margie Yates
12350 Weld County Road 126
Poudre Valley Rural Electric Assn. Inc.
P.O. Box 1727
Fort Collins, Colorado C,O5z1
Willis and Opal Chadwick
13181 Weld County Road 126
Carr, Colorado 80612
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NAME MAILING ADDRESS
Leonard R. & Ruby C. Chadwick 13181 WCR 126, Carr, CO 80612
Willis. D. & Opal M. Chadwick P.O. Box 49 , Carr, CO 80612
James E. & Bernice I. Morrison Carr, CO 80612
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OCTOBER 1914 Pt. Se, 4' 1-66 • p SOIL CONSERVATION SERVICE
1. SOIL,
{
+ I Eugene and Margie R die M. Yates Operator
b!. County WELD . State Colorado
f. Soil survey sheet(s) or code nos. 5-116 Approximate scale 2.6" 1 mile
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4302 W. 9th St.'Road,. Greeley, CO: 80631_ - - April-7, 1980 • _ - •
'
. Eugene•& I g M. Yates" . - - - . • _
12350 Co' Rd. 126. . -
Carr, CO :8061 ,
. , The following is in answer to a-request by Robert p.: Burroughs for 'doll -
. - information for •lot B.—_E%Nez of •3ection-'30,-Twp. 1111, Range 66W,-Weld" •
County,-•,for.,the_construction of'--an=additional residence.. " - _ _ -
• - - There are 5 -soil types present in the, area: They Th Are Ascalon-fine sandy •
. . -loam, .0 to 6 percent-: slope (5),-Ascalon fine sandy. loam, 6 to- 9 percent
--sloge• (7),, 'Cascajo gravelly sandy loam,. 5 to 20 percent slope (19), - -
= Meyerson loam, 0 to-3 percent slope (36), and Olney fine sandy loam, 6- -
to 9 percent slope •-(53). - .- '
• - • . The Ascalon and Olney soils should have. few limitations for residence
construction, except whrre slopes exceed 6 percent: -These soils will - - -
allow•for proper function of septic tank filter, fields and should exhibit •
proper load.characteristics-for 'dwellings with or without basements: - -
These boils do have a moderate wind blowing hazard which indicates that •-
. surface protection id needed to prevent wind erosion: . ' . ;
• _ The Cascajo soil will probably be limited for use as 'a resident site
- • due to slope, especially slope over 6 percent. This soil- is moderately. •
' - to severely limited for use-as septic tank filter fields due to. the - -- '
slope and moderately rapid permeability-which does not,_produce enoggh - -
' fines- in subsoil material to effectively filter-effluents, which could -
- - -- - • - ' cause ground water,contamination. ' • -
=-
• ' - ' -The Meyerson soil is'subject'to periodic,flooding, as -is the floodplain
soil of the Little Owl -Creek. " For this -reason, it' is severely limited -
for use as a homesite and septic tank filter field.- This soil also . -
exhibits poor load support characteristics which require special pngineer- - '
_idg design for. footings and bearing-construction
-I have enclosed copies of 'the soil map..and soil descriptions for your
in£orthation. - If you have any questions, please feel free to contact me. _ ,-' - . .
", Incerely, , t ..
"-- ohA d D. 1 er
. District Conservationist -
act' Robert C. 'Burroughs
- - -: Weld County Planning Comission• " '' - ' •. _ .
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EXHIBIT "A"
LEGAL DESCRIPTION
A tract of land being the E'INE*, NWuNEu, NE4NW$ Section 30, T. II N., R. 66 W., 6th P.M. , Weld
County, Colorado, being more particularly described as:
Considering the North line said Section 30 to bear S. 89° 4O' 06" E. , and all other bearings
contained herein being relative thereto:
Beginning at the Eu Corner said Section 30; thence,
N. 89° 38' 24" W., 1319.55 feet to the SW Corner E241E4 said Section 30; thence,,
N. 00° 23' 04" E., 1318.27 feet to the SE Corner NW4NES said Section 30;.:thence,,,
N. 89° 39' 15" W., 2638.28 feet to the SW Corner NE$NWS said Section 30; thence,,
N. 00° 25' 13" E.,, 1317.61 feet to the NW Corner NE'4N4 said Section 30; thence,
S. 89° 40' 06" E.,. 3594.69 feet along the North line said Section 30; thence,
S. .00° 21' 59" W., 361:50 feet; thence,
S. 89° 40' 06" E. , 361:50 feet to a point on the East line E'zt4EY said Section 30; thence,
S. 00° 21' 59" W., 2275.68 feet to the point of beginning.
The above described tract contains 156.664 acres, mare or less including rights-of-way reserved for
County Road purposes along a portion of the North line said Section 30 and is subject to any easements
and/or rights-of-way of record or as now exists on said tract.
•
•
EXHIBIT "B" - • '
LEGAL DESCRIPTION •
'A tract of land being the E%NE4 Section .30, Township 11 North, Range
66 West, 6th P.M. , except a tract of land as described at Reception
No. .1812099, Weld County Records, Weld County, Colorado, being more
particularly described as:
•
Considering the North line of said Section 30 to bear South 89° 40' 06"
E. , and all other bearings contained herein being •relative thereto:
Beginning at the E4 Corner of said Section. 30; thence '
• N. 89° 38' 24" W. , 1319.55 feet to the SW Corner, EZNE4 section 30; thence,
N. 00° 23' 04" E. , 2636.54 feet to she NE' Corner NW4NE4 said Section 30;thence,
• S. 89° 40' 06'j E. , 957.23 feet along the' North line said Section 30; thence, •
S. 00° 21' 59' W. , 361.50 feet; thence',
S. 89° 40' 06" E. , 361.50..feet' to a point on the East line. E2NE4 said Section 30;
thence, S. 00° 21' 59" W. , 2275.68 feet .to the point of beginning.
•
The above described tract contains 76.853 acres, more -or less, including
right-of-way reserved for County Road purposes along •a portion of the
• North line said Section 30 and is subject to any easements and/or
rights-of-wayof record or as',now exists on said tract. .
•
•
•
EXHIBITS "A" and "B"
BEFORE THt- WELD COUNTY, COLORADO PLANNING- COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. CUP 59:80:7 Date Aug. 5, 1980
APPLICATION OF Eugene & Margie Yates
ADDRESS . 12350 WCR 126, Carr, CO 80612
Moved by Bob Ehrlich that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the
application for Single Family Residence
covering the following described property in Weld County,
Colorado, to-wit: `EYert+
t% 0 0 tit,
(see attached)
' t 150
Gow-
GO1Jp"
w/Development Standards
be recommended (favorably) (xond:eaoowedikyi. to the Board of County
Commissioners for the following reasons:
1. It is the opinion of the Planning Commission that this request is in agreement
with the Weld County Comprehensive Plan in that the proposed use would not
appear to have any adverse impacts on the agricultural interests of the County
or the environment. Further, it is the opinion of the Planning Commission
that agricultural operations will be improved in that it is the intent of the Ken
Yates Family to pursue a more intensive agricultural operation on the property
than exists at present.
2. It is the opinion of the Planning Commission that with the design and controls
proposed in the operation, and the attached development standards , there is
little chance for adverse impacts on the surrounding environment.
3. It is the opinion of the Planning. Commission that this proposed operation is in
compliance with .the provisions of Section 3.3.D. (2) of the Weld County Zoning
Motion seconded by Irma White
Vote: For Passage Bob Halleran Against Passage
Fred Otis
Bette Kountz
Bob Ehrlich
Irma White
Chuck Carlson
Don Billings
The Chairman declared the Resolution passed and ordered that a certified copy
be forwarded with the file of this case to the Board of County Commissioners
for further proceedings.
Planning Commission Recommendation
Eugene & Margie Yates CUP-59:80:7
Page 2
Resolution. This determination is based in part upon a review of the
information submitted by the applicant, other relevant information
regarding the request and the responses of the referral entities which
have reviewed this request.
The Planning Commission recommendation for approval is conditional upon the
following:
1. The attached Development Standards being recommended and adopted for
the Conditional Use Permit.
2. No building or electrical permits shall be issued on the Conditional Use
Permit area until the attached Development Standards for the Conditional
Use Permit have been placed on the Conditional Use Permit Plat and said
plat has been delivered to the office of the Department of Planning
Services .
CERTIFICATION OF COPY
Dianne J. Reed , 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 _ August- 5,, 1980
and re -
corded in Book No . __ VII of the proceedings of the said Planning
Commission .
Dated the 8th day of _jun"ct — — 19_.80...
lAe.L2.41/1
Secrete
tti
Iil
DEVELOPMENT STANDARDS
Eugene and Margie Yates
CUP-59:80:7
1. The permitted uses on the hereon described parcel of land shall be a
single family residence and shall be limited to the facilities shown
hereon and all other uses permitted by right under Section 3.3. B of the
Weld County Zoning Resolution.
2. The Conditional Use Permit area shall be maintained in such a manner so
as to prevent soil erosion, fugitive dust, and the growth of noxious
weeds.
3. All phases of the operation shall comply with all County and State
Health Standards and Regulations pertaining to air quality, water
quality, noise emission, and sanitary disposal systems.
4. All accesses shall have the approval of the Weld County Engineering De-
partment. All accesses shall be constructed in accordance with the re-
commendations and/or requirements of the Weld County Engineering Depart-
ment.
5. The Conditional Use Permit shall be limited to the plans shown hereon and
governed by the Development Standards stated above and all applicable
Weld County Regulations. Any material deviations from the plans and/or
Development Standards as shown or stated above shall require the approval
of an amendment to the Conditional Use Permit by the Planning Commission
and the Board of County Commissioners before such changes from the plans
and/or Development Standards shall be permitted. Any other changes from
the plans and/or Development Standards shall be filed in the office of
the Department of Planning Services.
6. The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Development Standards. Non-
compliance with any of the above stated Development Standards may be
reason for revocation of the Conditional Use Permit by the Board of
County Commissioners.
VT:rg
8/1/80
COMMENTS
To date our office has not received any letters from surrounding property
owners objecting to this request.
The Soil Conservation Service has stated that the applicant take extra pre-
caustions to prevent wind erosion. Site preparation shall be limited, if
possible to lessen the soil erosion potential due to wind.
The Colorado Geological Survey recommends that the foundation excavation be
examined by qualified personnel to confirm proper design criteria.
VT:rg
8/1/80
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1- 0
Dat-e : August 5, 1980
CASE" NUMBER: CUP-59:80:7
NAME : Eugene and Margie Yates
REQUEST: Single Family -Residence
LEGAL DESCRIPTION: Part of the Ell NE1, Section 30, T11N, R66W
LOCATION: 1 mile west of -Rockport
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS HAT THIS
REQUEST BE Approved FOR THE FOLLOWING REASONS :
1. It is the opinion of the Department of Planning Services Staff that this request
is in agreement with the Weld County comprehensive Plan in that the proposed use
-would not appear to have any adverse impacts on the agricultural interests of the -
County or the environment. Further, it is the opinion of the Staff that
agricultural operations will be improved in that it is the intent of the
Ken Yates Family to pursue a more intensive agricultural operation on the
property than exists at present.
2. It is the opinion of the Department of Planning Services Staff that with the
design and controls proposed in the operation, and the attached development
standards, there is little chance for adverse impacts on the surrounding
environment.
3. It is the opinion of the Department of Planning Services Staff that this proposed
operation is in compliance with the provisions of Section 3.3.D. (2) of the Weld
County Zoning Resolution. This determination is based 'in part upon a review
of the information submitted by the applicant, other relevant information regarding
the request and the responses of the referral entities which have reviewed this
request.
The Department of Planning Services Staff recommendation for approval is conditional
upon the following:
1. The attached Development Standards being recommended and adopted
for the Conditional Use Permit.
2. No building or electrical permits shall be issued on the Conditional
Use Permit area until the attached Development Standards for the Conditional
Use Permit have been placed on the Conditional Use Permit plat and said
plat has been delivered to the office of the Department of Planning Services.
DEVELOPMENT STANDARDS
Eugene and Margie Yates
CUP-59:80:7
1. The permitted uses on the thereon described parcel of land shall be a
single family residence and shall be limited to the facilities shown
hereon and -all other uses permitted by right under Section 3.3. B of the
Weld County Zoning Resolution.
2. The Conditional Use Permit area shall ba maintained in such a manner so
as to prevent soil erosion, fugitive dust, and the growth of noxious
weeds.
3. All phases of the operation shall comply with all County and State
Health Standards and Regulations pertaining to air quality, water
quality, noise emission, and sanitary disposal systems.
4. All accesses shall have the approval of the Weld County Engineering De-
partment. All accesses shall be constructed in accordance with the re-
commendations and/or requirements of the Weld County Engineering Depart-
ment.
5. The Conditional Use Permit shall be limited to the plans shown hereon and
governed by the Development Standards stated above and all applicable
Weld County Regulations. Any material deviations from the plans and/or
Development Standards as shown or stated above shall require the approval
of an amendment to the Conditional Use Permit by the Planning Commission
and the Board of County Commissioners before such -changes from the plans
and/or Development Standards shall be permitted. Any other changes from
the plans and/or -Development Standards shall be filed in the office of
the Department of Planning Services.
b. The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Development Standards. Non-
compliance with any tf the above stated Development Standards may be
reason for revocation of the Conditional Use -Permit by the Board of
County Commissioners.
VT:rg
8/1/80
COMMENTS
To date our office has not received any letters from surrounding property
owners objecting to this -request.
The Soil Conservation Service -has stated that the applicant take extra pre-
caustions to prevent wind erosion. ate preparation shall be limited, if
possible to lessen the soil erosion potential due to wind.
The Colorado -Geological Survey recommends that the foundation excavation be
examined by -qualified personnel to confirm proper design _criteria.
VT:rg
8/1/80
CAB£ SU""ARY SHEET
Case Number : CUP-59:E0:7 P .C. Hearing Date : August 3, 1980
Applicant : Eugene and Margie Yates Property Owner : Same
Size of Parcel : 77 A-cr-es Staff Member to Contact :
Vickie 'Praxler
Legal Description : . Part of theme NE`, Section 30, T11N, R66W
Location : 1 mile west of Rockport
Existing Zon3'iig: Agriculture
Request : Single Family Residence
Possible Issues Summarized from Application ?sa'terrial� :
1. Additional Residence in -Agricultural Zone
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CO. TIONAL USE PERMIT APPL I C[ ON
Weld County
Department of Planning Services
915 - 10th Street
Greeley , Colorado 80631
PHONE : 356 -4000 Ex t . 404
TOR PLANNING DEPARTMENT USE ONLY :
Permit Fee : lc-{ p _ v CD Case Number : C ,P
Recording Fee : c)o - App . Checked
'Receipt No . : k « 55
TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE RfQUIRE-
MENTS : Print or -type only , except for necessary signatures .
I , ( we ) the undersigned , hereby request a hearing before the Weld County
Planning Commission concerning a proposed Conditional Use Permit for the
following described unincorporated area of Weld County :
LEG-AL DESCRIPTION of contiguous property owned upon which Conditional Use
Permit is proposed : --
See attached Exhibit "A"
LEGAL DESCRIPTION OF CONDITIONAL USE PERMIT AREA :
See attached Exhibit "B"
STREET LOCATION : 12350 Weld County Rd 126 ZONE : P}y-ituL14-vssla�
PROPOSED i1Sf : Se-e attached letter froci applicants
REASON : See attached letter from applicants
FEE OWHERS OF AREA PROPOSED FOR CONDITIONAL USE :
12350 WCR 12b
NAME : Eugene & Margie M. Yates ADDRESS : Carr, CO 80612 TEL : $97-2447
NAME : ADDRESS : TEL :
NAME : ADDRESS : TFL :
I hereby depose and state under the penalties of perjury that all state—
ments , proposals and/or plans submitted with or contained within this
application are true and correct to the test of my knowledge .
COUNTY OF WELD )
STATE OF COLORADO ) EugQne Y
ci rna-t r : �Orrn - of Authoriz-ed Agent
hargie rates
Subscribed and -sworn to before -me this 11th day of June , 1930 .
SEAL -1/7
. ; Vta_t/L c
Notary Public
� 4 i mi s -an _expires: June 27 , 1981
• .1UN 1500 �3, - ------- - - - - P.C.
D vl` ROBERT C. BURR0UGHS,
.inn ! 2t Lary
•
'-;{ 115 Second venue
• •��'"`' '� o Es '61O
Ault, Cofcrad �
•
EXHIBIT "A"
LEGAL DESCRIPTION
A tract of lard being the E2NE4, NWuNE4, NE-NW4 Section 30, T. II N. , R. 66 W. , 6th P.M. , Weld
County, Colorado, being more particularly described as:
Considering the North line said Section 30 to bear S. 89° 40' 06" E. , and all other bearings
- contained herein being relative thereto:
Beginning at the E4 Corner said Section 30; thence,
N. 89° 38' 24" W. , 1319.55 feet to the SW Corner E=,NE,* said Section 30; thence,
N. CO° _23' 04" E. , 1318.27 feet to the SE Corner 1f NE4 said Section 30; thence,
N. 89° 39' 15" W. , 2638.28 feet to the SW Corner NC,Mg4 said Section 30; thence,
N. tif) 25' 13" E. , 1317.61 feet to the MV Corner NE4RI* said Section 30; thence,
S. -89° 40' 06" E. , 3594.69 feet along the North line said Section 30; thence,
S. CO° 21' 59" W. , 361.50 feet; thence,
S. 89° 40' C6" E. , 361.50 feet to a point on the East line EZNE4 said Secti-on 30; thence,
S. O ° 21 ' 59" W. , 2275.68 feet to the point of beginning.
The above described tract contains 156.664 acres, more or less including rights-of-way reserved for
County Road purposes along a portion of the North line said Section 30 and is subject to any easatents
and/or rights-of-way of record or as now exists on said tract.
EXHIBIT "B"
LEGAL DESCRIPTION
A tract of land being the E'ZNE4 Section 30, Township 11 North, Range
66 West, 6th P.N. , except a tract of land as described at Reception
No. 1812099, Weld -County Records, Weld County, Colorado, being more
particularly described as:
Considering the North line of said Section 30 to bear South 89° 40' 06"
E. , and all other bearings contained herein being relative thereto:
Beginning at the E'a Corner of said Section 30; thence
N. 89° 38' 24" W. , 1319.55 -feet to the SW Corner E' NEa section 30; thence,
N. 00° 23' 04" E. , 2636.54 feet to the NE Corner NW'%NEL4 said Section 30;thence,
S. 89° 40' 06" E. , 957.23 feet along the North line said Section 30; thence,
S. 00° 21' 59" W. , 361.50 feet; thence,
S. S9° 40' 06" E. , 361.50 feet to a point on the East line EzNE'4 said S-action 30;
thence, S. 00° 21' 59" W. , 2275. 68 feet to the point of beginning.
The above described tract contains 76.853 acres, more or less, including
right-of-way reserved for County Road purposes along a portion of the
North line said Section 30 and is subject to any easements and/or
rights-of-way of record or as now exists on said tract.
EXHIBITS "A" and "B"
Department of _Planning Services
Weld County, Colorado
915 10th Street
Gre-el-ey, -Colorado 8D631
Gentlemen:
This letter swill set forth -additional information concerning
our application for Conditional Use -Remit:
Proposed use.: The proposed use of the conditional use permit
area will be for the construction of a residence
for our son -and his family and for farming.
Reason: To convey the conditional use -permit area to our
son and his wife, Kenneth E. and Edith Yates.
Disposal of sewage
and Water supply:
Kenneth and Edith Yates will make {proper application
for building permit. A domestic well and septic tank
and leach field will be established upon the conditional
use permit area as the building permit is obtained.
Roads: There will -be -no need for road improvements.
Yours very truly,
< -7j--
„---C<(<11.7
Eugene,X'ates-
� L19 rvG
Margie 'M. Yates
4302 M. 9th St. -Road, nreeley, CO. £0631 April 7., 1980
Eugene & T'' g'- M. Yates ..._-..._
12330 Co R/ d. 125/
Carr, CO ly/
The following is in answer to a request Sy -Hobert D. Burroughs for soil
information for lot B E-N: of Section 30, Twp. 11M, Range -66W, Weld
County, for the construction of an additional -residence.
-There ere 5 soil types present in the area. They are Ascalon fine sandy
loam, 0 to b percent slope (5) , Ascalon fine sandy loam, 6-to 9 percent -------
slope (7) , tascajo gravelly sandy loan, 5 to 20 percent slope (19) ,
Haverson loam, 0 to 3 percent slope (36), and Olney -fine sandy loam, 6 ----
to 9 percent slope (53).
The Ascalon and Olney soil-s should � �. ^� - �- �
sample have few L..m�a`�.o:.,, ?or Tc^• ^ace
tr+• anrce.. �..-_.._-
co-s___eti_.., _::meat sr'.��r^_ slopes ereecd 6 pe__^..t. These soils �r;11
allow for proper -function cf septic tank filter fields and should exhibit
proper load characteristics for dwellings with or without basements.
These soils do have a roderete wind blowing hazard which indicates that
surface protection is needed to prevent wind erosion. I
The Cascajo soil swill probably be limited for use -as a resident site
due to slope, especially slope over 6 percent. This soil is moderately
to severely limited for use as septic tank filter fields due to the
slope and moderately rapid permeability which does not produce =_noggh
fines in subsoil material to effectively filter effluents, which could ....
cause ground water contamination.
The Eaverson soil is subject to -periodic flooding, as is the floodplain
soil -of the tittle Owl Creek. For this reason, it is severely limited?
for use as a hornesite and septic tank filter ₹ield. This soil also
exhibits -poor load support characteristics which require special engineer-
trg design for footi ss and bearing construction. f`
I have enclosed copies of the soil rep and soil descriptions for your __
information. if you -have any questions, please feel free to contact roe. .
Sincer ly, n:.:.
Don"dd D. i i1ler -
District Conservationist
cc: Robert L. Lurro rrhs
cld tou„tv Planning Cornission
X I
SCS-COxS-IS "' U.S. DEPARTMENT OF AGRICULTURE
OCTOBER :574 Pt. Sec 3 1-66 - sOIL COG3ERVATION SERVICE
SOIL MAP
Owner Euzene and Margie M. Yates Operator
IA County WELD State Colorado
Soil survey sheet(s) or code nos. 5-116 Approximate scale 2.6" = 1 mile
Prepared by U. S. Department of Agriculture, Soil ConservationSen'ice cooperating
With West Greeley Soil Conservation District
A
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zO APPL NT Eugene and Margie Yates
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CASE ft CUP-59:-80:7
to 'REFERRALS SENT OUT -ON: June 19, 1980
z U REFERRALS TO BE RECEIVED BY: July 3, 1980
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-REFERRALS _tEC£D.7ED
X JUN 2 4 108D 1. County Attorney
JUL 7 1980 2. County Bealtb
JUL 3 1980 3 . County Engineer -
, X 4. Greeley Soil Conservation Service
JUL 1 1 1980 4302 West 9th Street Road
Greeley, Colorado 80631
JUL 2 10983 5. State Engineer
Division of Water Resources
Departm-e:rt of Neutral Resources
1313 Sherman Street
Room $18
Denver, Colorado 80203
JUL 3 i-aso 6. Colorado Geological Survey
1313 Sherman Street
Room 703
Denver, Colorado 80203
7. -Irma White
Planning Commission Member
Box 343 - -
Ault, Colorado 50610
•
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UNITED STATES DEPARTMENT OF -AGRICULTURE -
SOIL CONSERVATION SERVICE
-
4302 W. 9th St. Rd. - Greeley, CO. -80631 ....
July 2 , 1-980
Milton Baumgartner, President
West Greeley SCD
P.-0. Box 87
Greeley, CO. 80632
I have reviewed Conditional Use Permit for Eugene and Marie Yates
for single family residence to be located in E1/2 NEB Sec. 30 T11N
R66W.
The proposed improvement area is located on what appears to be
Ascalon fine san-dy loam and Olney fine -sandy loam soils. Both soils
have characteristics that _are compatible with intended uses. Both
s-oils do have -moderate wind blowing hazard. Site preparation Tor
construction should be limited, if possible, to lessen the wind - -
soSl erosion potential .
I can see no further concerns.
S . rely,
� (Xh
Ronald Miller
District Conservationist --------
t: 1,
2t.9,
ti,..ranscfra sr•co
15O
RICHARD D. LAMM * d * JOHN W.ZROLD
GOVERNOR Director
aJr� x
COLORADO GEOLOGICAL SURVEY
DEPARTMENT-OF NATURALRESOURCES
715-STATE CENTENNIAL BUILDING -1313 SHERMANSTREET
DENVER,COLORADO 80203 PHONE 1303)839-2611
July 2, 1980
Ms. Vickie Traxler
Weld County Department of
Planning Services
915 lflth Street
Greeley, Colorado 80631
Dear Ms. Traxler: RE: YATES SINGLE FAMILY
RESIDENCE
WELD COUNTY
We have reviewed the Yates conditional use permit application. The soils
in this area appear to have a low swell potential . We recommend that the
foundation excavation be examined by qualified personnel to confirm proper
desi-gn criteria. We also suggest that the septic system be designed and
sited by a qualified sanitarian.
If these recommendations are -followed, we have no objection -to approval
of this application.
Sincerelyatidu. `,
fv
Julia E. Turney
Engineering Geologist
JET/gp
cc: LUC
GEI`'\S-V1
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Ca�e. g,
GEOLOGY
STORY OF THE PAST . . . KEY TO THE FUTURE \/
MAILING LIST - EUGENE AND MARGIE YATES
CUP-59:80:7
James and Bernice Morrison
Carr, Colorado 80612
Eugene and Margie Yates
12350 Weld County Road 126
Poidre Valley Rural Electric Assn. Inc.
P.O. Box 1727
Fort Collins, Colorado C05:2-\
Willis and Opal Chadwick
13181 Weld County Road 126
Carr, Colorado 80612
X
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