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Home My WebLink About861068.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR SINGLE FAMILY RESIDENCE ON A PARCEL OF LAND LESS THAN THE MINIMUM LOT SIZE REQUIRED IN THE AGRICULTURAL ZONE DISTRICT - MARVIN A. BARSTOW 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 5th day of November, 1986 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Marvin A. Barstow, 2000 South College Avenue, #308 , Fort Collins, Colorado 80525 , for a Use by Special Review for a single family residence on a parcel of land less than the minimum lot size required in the Agricultural Zone District on the following described real estate , to-wit: The S1 S1 NEs and Ich Nh SEq, Section 18 , Township 8 North , Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS , Section 24. 4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning 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: 861068 Page 2 RE: USR - BARSTOW a. The proposal is consistent with the intent of the Weld County Comprehensive Plan in that it does not remove prime agricultural land from production and will not adversely affect the local economy or environment. h. The proposed use is consistent with the intent of the agricultural district in that it allows for the promotion of agricultural activities and is permitted as a Use by Special Review in the district. c. The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding areas as permitted by the Agricultural Zone District. d. No overlay districts affect the site. e. Use by Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a single family residence on a parcel of land less than the minimum lot size required in the Agricultural Zone District on the hereinabove described parcel of land be , and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2 . The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat, the applicant/operator shall work with the Greeley Soil Conservation District to develop a conservation plan best suited for the property. Evidence of an approved plan shall be submitted to the Department of Planning Services staff. 861068 VI Page 3 RE: USR - BARSTOW The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: n,,, .atind2t WELD COUNTY, COLORADO Weld County glerk and Recorder EXCUSED and Clerk to the Board Jacqueline J• .n , Chairman $ er ix-c v J G.� .��..�-,i acyi� �-m D uty County Cl rk APPROVED AS TO FORM: ene R. Brantner 7 - C.W. Kirbt 5;/ 1 County Attorney A,,,,,,, Yam u Frink c i 861068 DEVELOPMENT STANDARDS Marvin A. Barstow USR-757: 86: 42 1 . The Use by Special Review permit is for a single family residence as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. The Use by Special Review site shall be maintained in accordance with the soil conservation plan approved by the West Greeley Soil Conservation District. 3 . All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 5 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24. 6 of the Weld County Zoning Ordinance. 6. Personnel from the Weld County Health Department, Weld County Department of Planning Services, and Greeley Soil Conservation Service shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 7. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of -the Department of Planning Services. 8 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 861068 Page 2 DEVELOPMENT STANDARDS - BARSTOW 9 . At such time the property ceases to be farmed, the applicant/operator shall reseed the property to native grasses by the following planting season. 861068 HEARING CERTIFICATION DOCKET NO. 86-69 RE: USE -BY SPECIAL REVIEW FOR A SINGLE FAMILY RESIDENCE ON A PARCEL OF LAND LESS THAN THE MINIMUM LOT SIZE REQUIRED IN THE AGRICULTURAL ZONE DISTRICT - MARVIN A. BARSTOW A public hearing was conducted on November 5, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman - Excused Commissioner Gordon E. Lacy, Pso-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the -Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Tebbie de Besche 'The following business was transacted: I hereby certify that pursuant to a notice dated October 15, 1986, and duly published October 23, 1986, in the Johnstown Breeze, a public tearing was conducted to -consider the request of Marvin A. Barstow for a Use by Special Review for a single family residence on a parcel of land less than the minimum lot size required in the Agricultural Zone District. Chairman -Pro-Tem Lacy explained that, there being only four -Commissioners present, should this hearing result in a tie vote, the absent Commissioner would listen to the tape and review the record prior to casting the deciding vote. Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche, representing the Planning Department, asked that the Planning Commission'-s favorable recommendation, subject to three Conditions and nine Development Standards, be incorporated into the record. Jerry McRae, Engineer with McRae and Short, represented the applicant. He requested that the testimony from the previous two hearings, Docket Numbers 86-67 and 86-68, be incorporated into this hearing, which concerns the middle of three parcels under consideration. No public testimony was received concerning this matter. Commissioner Kirby moved to approve the Use by Special Review, based upon the recommendation o₹ the Planning Commission. Commissioner Yamaguchi seconded the motion and it carried unanimously. This Certification was approved on the 10th day of November, 1986. APPROVED: •�'1L 1i /f `� -BOARD OF COUNTY COMMISSIONERS ATTEST: �� 1( tRns1 1 WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Boa d Jacqueli. - Jo. anp, Ch: rman -BY: Deputy County Cler . acy, nro-�:' term R. :rantner . TAPE #86-73 C.W. Kirby DOCKET #86-69 / 2 di PL0090 Fr Yamaguchi 4- ATTENDANCE RECORD PLEASE write -or -print legibly your name, address and the name 9f the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: November 5, 1986 DOCKET #86-65 - amend SUP, Livestock confinement operation for cattle and sheep, Noffsinge-x Manufacturing Company DOCKET #86-66 - USR., Single family residence and quarter horse breeding facility, H. Sue and Roger L. Sealy DOCKET #86-67; #86-68; #86-69 - USR, Single family residence, Marvin A. Barstow NAME ) ADDRESS SEARING ATTENDING C: ;„e__ 140 tiV*fr./ea rci641 /1-4 /q e, 6(A' t r y /6 8 y s' w(c..7 -3 NOT I C £ 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 Ccunty Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All Persons An any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or auy interested party desire the presence of a court reporter to make a record of the proceedings, 'in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of Court reporters in the area. If s court reporter is -obtained, the Clerk to the Board's Office shall be advised in writing of such action at least dive days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. 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, 913 10th Street, Third -Floor, Greeley, Colorado. APPLICANT DOCKET NO. $6-69 Marvin A. Barstow 2000 South College Avenue, #308 Fort -Collins, CO 80525 DATE: November 5, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Single family residence on -a parcel of land less than the minimum lot size required in the Agricultural Zone District -LEGAL DESCRIPTION: The Si Si NE} and Ni Ni SE} of Section 18, Township 8 North, "Range 67 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN fEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Debbie Campbell, Deputy DATED: October 15, 1986 PUBLISHED: October 23, 1986, in the Johnstown Breeze XH13II E. ail NOTICE Pursuant lo the-zoning laws' Pursuant to the•zoning laws of We State y-ooning Ordi ants"-° •-- theldlate a _ the State of Colorado and the a public-hearing-will be held in Weld County Zonin -Ordinance,the Chambers of ,the Board oI the State of Colorado and the a public hearing will be held InCounty Commissioners of Weld Pursuant to the zoning laws of Weld County Zoning Ordinance, the Chambers of the Board 0fCounty, Colorado, Weld County a public hearing will be held in County Commissioners of Weld Centennial Center, 915 • 10th the Chambers of the Board of County, Colorado, Weld County Street, First .Floor, _Greeley County Commissioners of Weld Centennial Center, 915 10t h Colorado, at the time specified County, Colorado, Weld County Street, -First Floor, Greeley,All persons In any manner Centennial Center, 915 10th Colorado, at the time specified. interested in the Use by Special Street, First Floor, Greeley, All persons In any manner Review are requested to attend • interested in the Use by especial and may be, ear . All persons the •time specified. Review are requested to attend interested in the Useby-SSpecial AFFIDAVIT OF PUBLICATION and may be-heard. Should the applicant or zany Review are requested to-attend Should the applicant or any presence ed of a a courtrttlrepoertert he and may be heartl. interested party desire the make a record of the pro- Should the applicant or any presence of a court reporter to ceedings,in addition to the taped interested party desire the THE JOHNSTOWN BR E E Z E make a record of thepro- record which will be kept during presence of court reporter to ,TATE OF COLORADO ceedings,in addition to the taped the hearing, the Clerk to the make a record of the record which will be kept during Board's Office canoe contacted ceedlogs,inatltlition to the tap d I SS the hearing, the Clerk to the for a list of court reporters in the record which will be kept during Board's Office can be contacted area. If _a dourt reporter 'Is the hearing, the Clerk to the +OUNTY OF WELD ) for a list of court reporters In the obtained,the Clerk to the Board's Board's Office can be contacted 1, Clyde Briggs, do solemnly swear that I area If a court reporter is Office shall be advised in wrlting for a Ilst of court reporters in the obtained the Clerk to the Board's of such action at least five days area If a court -.reporter is publisher Office shall be advised in writip prior to the hearin The-cost or tint sr of The Johnstown spape; of such action at least five days engaging a court hearing. shall Office� shalfbeadvsd in Bwritmg hat the sa nrC is a weekly newspaper prior to the hearing.The cost of be borne by the requesting party. of such actionat least five days JCInted, in whole or in part, and published -be borne by the nrt requesting party,shal, BE IT ALSO KNOWN that the engag engaging court r Reports shall n the County of Weld,State of Colorado, text and maps so certified by the be borne-by the requesting party. Ind has a general circulation therein; that BE IT ALSO KNOWN that the Weld County Planning Commis- textandmapssocertifiedbythe -Sion may be-examined in the BE IT ALSO KNOWN that the laid newspaper has been published Weld County Plannin Dommis--CroiuntofCome misa ork fo ers, looted in el and un maps Pso lanning Commas �OntmuOUSly and uninterruptedly in said 9 Y m Weld Count sion may be-examined in :the the,, Weld county :Centennial sion may be examined in the -- County of Weld for a period of more than office of the Clerk to theBaord of Center,'91S 10th Street, Third office of the Clerk to the Board of County Commissioners, located Floor, Greeley, Colorado. County, Commissioners, located fifty-two in the Weld County Centennial - _pub consecutive weeks prior to the Center, 915 10th Street, Third DOCKET NO. 86-68 - � 'Cent In er, 9e115 10th d 1 County eThird `•radver isem n of the annexed legal notice -Floor, Greeley, Colorado.. 'r advertisement; that said newspaper has APPLICANT Floor, Greeley, Colorado. - DOCKET NO. 86-67 • Marvin A. Barstow g - - b`en admitted to the United States mails as APPLICANT A20 0 South u No.llege8 DOCKET NO. 86-69 Marvin A Barstow Fort Collins, CO 80525 - ':APPLICANT t A-class matter under the provisions of 2000 So. College Ave.,- Marvin A. Barstow the Act of March 3, 1879, or any •Fort Collins, No. 308 DATE: November 5, 1986 2000 South-CollegeCO S0525 Avenue No. 308 lmendments thereof, and that said DATE: November 5,•1988's TIME:3:00 P.M. Y ₹art Collins,_CO 80525 Tewspaper is a weekly newspaper duly TIME: 2:00 P.M. .. r,xa 4REOUEST: Use by §pecial BATE: November 5, 1986 'mantled for publishing legal notices and Rieview - Single family residence advertisements within the meaning of the REQUEST: Use by on a parcel of land less than the TIME: 2:00 P.M. Review- Single Y Special minimum lot size required in the laws of the State of Colorado. family residence Agricultural Zone District. REQUEST: -Use by _Special on a parcel of land less than the . p • ,Review-_Single family residence _That the annexed legal notice or advertise- minimum lot size required in the LEGAL DESCRIPTION: The 5% on a parcel_of land less than the Agricultural Zone District 5E1/4 and the S'h NY: SEW of minimum lot size required in the ment was published in the regular and Section tig 18, Township 8 North, Agricultural Zone District • entire issue of every number of said weekly 'LEGAL NE%andPNV,S' NE,of Weld e 67 County,_Colo ado f the 6th P.M., LEGAL DESCRIPTION: The sY, newspaper for the period of consecu- Section 18, Township 8 North, Range 67 West of the 6th P.M., BOARD OF COUNTY ,Section/18an-Townsd N1/2 hip 8 8 North,E1/4 of five insertions; and that the first Weld County, Colorado . COMMISSIONERS Range 67 West of the 6th P.M, publication of said notice was,A) the issue )f WELD COUNTY,, Weld County, Colorado said newspaper e datedi�- A.D. 11,..4472,pf _ BOARD OF COUNTY • - COLORADO P p " COMMISSIONERS BOARD OF COUNTY and that the last publication of said notice W_ELD COUNTY, BY: MARY ANN . -COMMISSIONERS was in the issue of said newspaper dated COLORADO FEUERSTEIN - WELD COUNTY, COUNTY CLERK AND - COLORADO A.D. 19 St MARY ANN RECORDER AND CLERK FEUERSTEIN TO THE BOARD BY: MARY ANN ]n witness whereof I have hereunto set COUNTY CLERK AND FEUERSTEIN RECORDER AND CLERK , BY: Debbie Campbell,Deputy COUNTY CLERK AND -my hand is ....31 day of .Urr- TO THE BOARD RECORDER AND CLERK DATED:_October 15, 1988 TO THE BOARD BY: Debbie Campbell,Deputy A.D. 19. PUBLISHED:October 23, 1.986, BY: Debbie Campbell Deputy I DATED: October 15, 1986 inP the Johnstown Breeze PUBLISHED:October 23, 1988, PUBLISHED: October 23, 1986, in the Johnstown Breeze in the Johnstown Breeze - Publisher Subscribed and sworn to tefore me, a Notary Public in and for t4e County of W d,State of Color o, this d1.11.7. day of tt 4- A.D. 19 1C J—Sa g All F(' \ Notary Public tot-y-lot-r- 6,1 My commission expires cni a , c L...-,,-.±:.-±,-,. e 7939 n' PROOF OF PUBLICATION -NOTICE PentilmitTile North Weld -Herald of t ins al Abe s Coal bus ,gym Eaton, Colorado 80615Ordinseee 10 llold Boded of Co.nty Tana dsleners of Weld County,-Colorado,ws County Centennial Center,915 10th Street, Fleet Floor, Greeley, Colorado, at the dare STATE O F COLORADO, ) specified.All persons in any sonnet.Storesy be baud. - ST-ATE of Weld ) SS. �p eeattend sdby�Special Review are realms*. -home the appik nt or any mterestd party desire the presence of a court reporter to make a record of the whichings,le ddl- tion to the taped record h which will be kept donut the hearing,the CJeek to the Board's Office can be contacted fors list of court re- porters in the area.R come reporter I.ob- tained, m the Clerk the Bead's Office shall I, �.ea;�na. �' , do solemnly swear that I am bed �mdggefs bnode.tleat live days prior to the bearing. The cost of rlir�^;, of TH ORTH WELD HERALD; that the engaging•e°"tr°pan°"h'Bb°h°.n°by b-kcx the requesting party. same is a weekly newspaper printed, in whole or in part,and BE IT ALSO KNOWN that the text and sm published in the County of Weld, State of Colorado, and has maps so certified by the Weld County Plan- -tlog Commission may be examined In the a general circulation therein; and that said newspaper has office of the Clerk to the Board of County Commissionebeen published continuously and uninterruptedly in said Centennial Cerep locateder, 915ma it t Weld h Street T�hhdty County of Weld for a period of more than fifty-two con- Floor.Greeley,Colorado. DOCKET NO.86-69 APPLICANT secutive weeks next prior to the first publication of the Marvin A.Barstow -annexed legal notice or advertisement; that said newspaper moose.College Ave.,#308 has been admitted to the United States mails as second- Port Coffins,CO 80525 class matter under the provision of the Act of March 3, 1879 _DATE:November 5,1986 -TIME:2:00P.M. or any amendments thereof, and that said newspaper is a REQUEST: Use by Special Review - Single Agri- weekly newspaper family residence on a required of led less than Yduly qualified for publishing legal the minimum e lot size m the Agd- notices and advertisements within the meaning of the laws comics Zone Dmtriet LEGAL DESCRIPTION:The 5% 5% NE%. of the State of Colorado. and Nor N%N1/4 SEA/.of Sweden 18, B North,Range 67 Wet of the 6th P.M.,Weld County,Colorado That the annexed legal notice or advertisement was COMMISSIOO COUNTY published in the regular and entire issue of ever number of WELD COUNTY,COLORADO y BY:MARY ANN PEUERSTE said weekly newspaper for the period of r-v -1 II ) — COUNTY CLERK AND RECORDER consecutive insertions; and that the first publication of said BY:Debbie 06 TOT�BOARD notice was In the'jj'Tssue Of said newspaper dated_ DATRD:October 15,1986 Campbell,Deputy I, issue-Y Publsh&T October 23, 1966 in the No.th vrU 43_ A.D., 19‘__&, w.naerad. and that the last publication of said notice was in the issue of said publication dated 0(`74 . ' 3 —__ A.D., 19 lCr In witness whereof I have hereunto set my hand this e-Rl3t day of _ P, d3a A.D., 19l F'�!. .C=ritter C& r' c Subscribed and sworn to before me, a -notary public in and for the County of Weld, State of-Color-ado, this 24t!day of t etr —_— A.D., 19 !lee. Notary Public 22-3 Flesrsr FAMull; dO- y Commission-Expires DO. 21, 1987 fit - DATE: October 15 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 5th day of November, 1986 , at 2 : 00 P.M. Docket No. 86-65 - Amend SUP for livestock confinement operation - Noffsinger Manufacturing Company Docket No. 86-66 - USR, Single family residence and quarter horse breeding facility - H. Sue and Roger L. Sealy Docket No. 86-67 - USR, Single family residence - Marvin A. Barstow Docket No. 86-68 - USR, Single family residence - Marvin A. Barstow Docket No. 86-69 - USR, Single family residence - Marvin A. Barstow OFFICE OF THE CLERK TO THE BOARD BY:02_iabiJ �( Deputy The The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO G.Cx,1 Big .J g ,r ,. _ Summary of the Weld County Planning Commission October 7, 1986 Page 8 The Chairman called for discussion from the members of the Planning Commission. There was no further discussion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - Yes, with the same reservations expressed in USR-757. Ivan Gosnell - Yes; LeAnn Reid - Yes; Paulette Weaver - No, for the same reasons affecting her vote in Case Number USR-757. Ann Garrison - Yes, for the reasons given for Case Number USR-757. Jack Holman - No, for the same reasons given for voting in Case Number USR-757. Motion carried with four voting for the motion and two voting against the motion. �� CASE NUMBER: USR-761:86:42 /X\ APPLICANT: Marvin A. Barstow REQUEST: Use by Special Review permit for a single family residence on a parcel of land which is less than the minimum required in the -agricultural zone district LEGAL DESCRIPTION: Part of the Si Si NE} and the Ni Ni SE} of Section 18, T8N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Black Hollow Reservoir; west of Weld County Road 15 and north of Weld County Road 90 NOTE: All references to the center 80 acre parcel shall apply to this case. It contains the existing house and well. Half of this property is farmed in dryland wheat and half is native grasses. APPEARANCE: Gerry McRae, P.E. , McRae and Short Engineering Consultants, Inc. , represented the applicant. He stated an error was made when describing the location of the previous parcels. This Case, USR-761, is the middle parcel, and contains 80 acres, the house and the well. It is also the parcel that is half in wheat and half in native grasses. USR-757 is the north parcel and is entirely in grass. USR-758 is the south parcel and is all farmed dryland. The Planning Commission instructed the clerk to make note of these -corrections. Gerry McRae asked that all previous testimony be applied to this case with the exception of the location of the parcels. Debbie deBesche stated the recommendations, conditions, and Development Standards are identical to the two previous cases with the exception of the legal description. e ar•, pd14 e i-r- C� Summary of the Weld County -Planning Commission October 7, 1986 Tage 9 AMENDMENT: Ann -Garrison moved the same amendments to condition #3, and Development Standards #2 and #9 be made to this case as made to USR-757 and 758. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. There was no further discussion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - Yes; Ivan Gosnell - Yes; LeAnn Reid - Yes; Paulette Weaver - Yes; Ann -Garrison - Yes; Jack Holman - Yes. Motion carried unanimously. -The Chairman -asked Mr. McRae if he had any -objections to the -recommendations, conditions, and Development Standards as stated and amended. He -stated he had no objections. The Chairman asked that reading of these documents be dispensed with and that they be filed with the summary as a permanent record of the -proceedings. MOTION: _Lynn Brown moved Case Number USR 761:86:42 for Marvin A. Barstow for a Use by Special Review permit for a single family residence on a parcel of land which is less than the minimum required in the agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, the conditions and Development Standards as amended, and the testimony of the applicant. Motion seconded by Ann Garrison. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - Yes, with the same reservations expressed in USR-757 and 758. Ivan Gosnell - Yes; LeAnn Reid - Yes; Paulette Weaver - No, for the same reasons affecting her vote in Case Number USR-757 and 758. Ann Garrison - Yes, for the reasons given for Case Number USR-757 and 758. Jack Holman - No, for the same reasons given for voting in Case Number USR-757 and 758. Motion carried with four voting for the motion and two voting against the motion. CASE NUMBER: Amend SUP-205:86:39 APPLICANT: Noffsinger Manufacturing Company REQUEST: Amend SUP-205 for a livestock confinement operation for cattle and sheep (maximum of 5,000 head) LEGAL DESCRIPTION: Part of the SE} of Section 8, T7N, R66W of the 6th Y.M. , Weld County, Colorado LOCATION: Approximately 2.75 miles west of Ault; north of Highway 14 and west of Weld County Road 29. BEFORE THE -WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO -THE BOARD OF COUNTY COMMISSIONERS Moved by Lynn Brown that the following resolution be introduced for passag" by the Weld County Planning Commission. _Be it Resold by the -Weld tcurity ' Planning Commission that she application for: OCT Q1 CASE NUMBER: USR-761:86:42 { ' '6D m NAME: Marvin A. Barstow cow ADDRESS: 2000 South College Avenue, #308, Fort Collins, CO 80525 REQUEST: Use by Special Review permit for a single family residence on -a parcel of land less than the minimum lot size required in the Agricultural Zoned district. LEGAL DESCRIPTION: The Si Ni NE} -and NI Ni SEI of Section 18, T8N, 1t67W of the 6th P.M. , Meld County, Colorado LOCATION: 3.5 miles northwest of -Black Hollow Reservoir, west of Weld County Road 15, and north of Weld County Road 90. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in -compliance with application s-quiremeuts of Section 24.7 of the Weld County Zoning Ordinance. 2. -It is the opini-on of the Weld County Planning -Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The -proposal is consistent with the intent of the Weld County Comprehensive Flan in that it does not remove prime agricultural land from production and will not adversely affect the local economy or environment. - The Proposed use As consistent with the intent of the agricultural district in that it allows for the promotion of agricultural activities and is permitted as a Use by Special Review -in the district. - The uses permitted will be -compatible with the existing surrounding land uses and with future development of the surrounding areas as -permitted ty the agricultural zone district. - No overlay districts affect the site. k i- I i t_ Marvin A. Barstow USR-757:86:37 Page 2 Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of she referral -entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Dse by Special Review permit be adopted and placed on the Use by Special -Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical Permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' effice and the _plat is _ready to be recorded in the office rjf the Weld -County Clerk and Recorder. 3. Prior to recording the plat, the applicant/operator shall work with the Greeley Soil Conservation District to develop a conservation plan best suited for the property. Evidence of an approved plan shall be submitted to the Department of Planning Services staff. Motion seconded by Ann Garrison. VOTE: For Passage Against Passage Lynn Brown Paulette Weaver Ivan Cosness Jack Holman LeAnn -Reid Ann Garrison The Chairman declared the resolution passed and ordered that a certified ropy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. l'!.' Marvin A. Barstow USR-757:86:37 Page 3 CERTIFICATION OF COPY I, Bobbie rood, Recording Secretary of the Weld County Planning Commissi-on, rdo hereby _certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission -of -Weld County, Colorado, adopted ou October 7, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the -8th day of October, 1-986. Bobbie Coot Secretary DEVELOPMENT STANDARDS Marvin A. Barstow USR-757:86:37 1. The Use by Special Review permit is for a -single family residence as submitted in the application materials on file in the Department of Planning Services and subject to the _Development Standards stated hereon. 2. The Use by Special Review site shall be maintained in accordance with the soil conservation plan approved by the West Greeley Soil Conservation District. 3. All Construction done on the property shall be in accordance with the -requirements -of the Weld _County Building Code Ordinance. 4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.3 of the Weld County Zoning Ordinance. 5. The property owner or operator -shall be -responsible for complying with the Operation Standards -of Section 24.6 of the -Weld County Zoning Ordinance. 6. Personnel from the Weld County -Health Department and Weld County Department of Planning Services, and Greeley Soil Conservation Service -shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards -stated hereon and all applicable Weld County Regulations. 7. The :Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applic-able Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County 3lanning Commission and the -Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall to filed in the office of the Department of Planning Services. 8. The property owner or operator shall to responsible for complying with all of the foregoing Standards. Noncompliance with any o₹ the foregoing Standards -may be season for revocation of the Permit by the Board of County Commissioners. 9. At such time the property ceases to be farmed, the applicant/operator shall reseed the property to native grasses by the following planting season. • INVENTORY OF IT£MS SUBMITTED FOR CONSIDERATION Case Number CiA snot/26; 4/j_ Submitted nr "Prepared Prior to Hearing At Hearing 1. Application /3 pages 2. 4O Application plat(s) / rage(s) 3. DPS Referral-Summary Sheet v 4. DPS Recommendation (/ • 5. DPS Surrounding Propery Owner Mailing Litt 6. EPS Mineral Owners Mailing List !/ 7. 3 TIPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Meld Check 11. C v/ � � 64 12. G ��"Z Ld�t�/ 5 bRDR 13. 1p • 14. 15. • 16. 17. 18. 19. 20. I hereby -certify that the 1/ items identified herein -were submitted to the Department of Planning fervices at or prior to the scheduled -Planning -Commission hearing. I further certify se that titems wer �a warded to the Clerk to the Board's office on n/ 19 urrent Planner STATE OF COLORADO ) COUNTY OF WELD ) `- SUBSCRIBED A bt Os. ND SWORN TO BEFORE -ME THIS I DAY OF 1o\,„ 1(r 19 SEAL a11\tis ,. • NOTARY TURLIC • ••• L::'::ro5 May 27, 1989. MY COMMISSION #yPTRFS E xN I L /7- A // EXHIBIT INVENTORY CONTROL SHEET Case 6("-1 /e/ .6C _o -t1-Ltl Exhibit Submitted By Exhibit Description A• hcmneyvc fC KirUre1t}al Ctvto,,O_bault r,(. "v al � B. oa7�.�� ( 7I17i:mn. £11n l_�,� Cl�� 06 EpO- hontIr'a1/2:071) C. f IO/7n-, (�17777iru, G6YJ 01. ma/i _ (5 /Y�Q_; ,-�r_� //�� d 1_ ,% � U D. CL LC t ,thrbt_c( ° 7k7 apiornow-c_ E. f_h K 0) d la�a4,U 7)Da�� F. (/ G. H. I. J. K. L. M. N. 0. Date: October 7, 1986 CASE NUMBER: IISR-761:86:42 NAME: Marvin A. Barstow ADDRESS: 2000 South College Avenue, #3D8, Fort Collins, CO 80525 REQUEST: Use by Special Review permit for a single family residence on a parcel of land less than the minimum lot size required in the Agricultural Zoned district. LEGAL DESCRIPTION: The Si SI NE} and Ni Ni SE} of Section 18, T8N, R67W of the -6th P.M. , Weld County, Colorado LOCATION: 3} miles northwest of Black -Hollow -Reservoir, -west of Weld _County Road 15, and north of Weld County Road 90. 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 appli-cant has shown compliance -with Section 24.3 of the Weld _County Zoning Ordinance as follows: - The proposal is consistent with -the intent of the Weld County Comprehensive Plan in that it does not remove prime agricultural land from -production and will -not adversely affect the local economy or environment. - The proposed use is consistent -with the intent of the agricultural district in that it allows for the promotion of agricultural activities and is -permitted -as a Use by Special Review in the district. - The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding areas as -permitted by the agricultural zone district. - No overlay districts affect the site. - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, -other relevant information regarding the request and the -responses of the referral entities which have reviewed this request. Marvin A. Barstow USR-761:86:42 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The Use by Special Review Site shall be reseeded to native grass (permanent vegetative cover) as recommended by the Greeley Soil Conservation Service. iw� DEVELOPMENT STANDARDS Marvin A. Barstow USR-761:86:42 1. The Use by Special Review permit is for a single family residence -as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The Use by Special Review Site shall be maintained in native grasses and not in cropland. 3. Mil Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 5. The property owner or operator shall be responsible for complying -with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 6. Personnel from the Weld County Health Department and Weld County Department of Planning Services, and Greeley Soil Conservation Service shall be granted access onto the property at any -reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon -and all applicable Weld County Regulations. 7. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner or operator shall be responsible for complying -with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit Shy the Board of County Commissioners. I i LAND-USE APPLICATION SUMMARY SHEET Date: September 50, 1986 CASE NUMBER: USR-761-86-42 NAME: Marvin A. -Barstow ADDRESS: 2000 South College Avenue, #308, Fort Collins, CO B0525 REQUEST: Use by Special Review permit for a single family residence on a parcel of land less than the minimum lot size required in the Agricultural Zone district. LEGAL DESCRIPTION: The Si Si NEi and the Ni Ni SEI of Section 18, T8N, R67W :f the 6th F.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Slack Hollow Reservoir; west of Weld County Road 15 and north _of Weld County Road 90 SIZE OF PARCEL: 80 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: -The criteria for review of this application is listed in Section 24.3 of the Weld County Zoning Ordinance. -The -Department of Planning Service's staff has received a specific -recommendation from the West Greeley Soil Conservation Service. A copy is included in the land-use summary. The Department of Planning Services staff has not received responses from the following agencies: - State Engineer, Division of Water Resources - Nunn Fire Protection District, and - Weld County Health Department FIELD CHECK FILING NUMBER: USR-7-61 :86:42 PATE OF INSPECTION: September 25, 1986 NAME: Marvin A. Barstow REQUEST: Use ly Special Review permit for a single family residence on a parcel of land less than the minimum lot size required in the A (Agricultural) Zone district. LEGAL DESCRIPTION: P-art of the Si -Si NE} And Ni NI SE} of Section 18, T8N, R67-W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3I miles northwest of -Black Hollow -Reservoir, west of Weld County Road 15, and -north of Weld County Road 90. LAND USE: N Pasture land E Weld County -Road 15, farmland, and -pasture land S Farmland W Farmland and pasture land ZONING: N -Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: There is one -access to the site from Weld County Road 15. The property 3s being farmed, and has an existing bld house and Approximately 6 farm nut buildings located _on it. BY: /6±1,40' /40-01s: Debbie L. delesc e Current Planner f " fl 106. .. w p • 00.41 y �h. 104. . . 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Y.' i .14�#.,kT4"P . �.,+ 2' sq"iu %k,, NL{y ...),..t.°/tr. r 31 ° e>•}, • , £ .Mi .S1tks "`i .. t i'• ''1 ;' ,"A''''''*, ' t 6 _ �4c 2 ; { tar , -' �' ♦ i ° 2s ,,,4 ,:r, ' `4{ r y a w %,,,,4,0- -{ ft k b + ; z* • N "4 • 7.),... . 41 :"''''',:f>or': ar. - I I II 1 REFERRAL LIST APPLICANT: Marvin A. Bar-stow CASE NUMBER: USR-761:86:42 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: September 26, 1986 NO SR NR NO SR NR X Weld County Health Dept. X Engineering Department County Extension Agent Office of Emergency Mngmt X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 X Lydia Dunbar Box 8, Road 89 Grober, CO 80729 // X Latimer County Planning Department 111/// P.O. Box 11-90 Fort Collins, CO 80522 1/// X West Greeley Soil Conservaiton Service 4302 West 9th Street Road Greeley, CO 80631 X Nunn Fire Protection District Mr. Lynn Shipps Nunn, CO 80648 N0=No Objection SR=Specific Recommendations NR=No Response ( DEPART( NT OF PLANNING SERVICES O PHONE(303)3564000 EXT.4400 �^ �h 915 10th STREET (' e t44044 GREELEY, COLORADO 80631 SEP 11 RECD rn [ILI irj: ,1 • • ',':'s!d Co. Planning CmmMissinn COLORADO CASE NUMBER USR-761:86:42 September 10, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from _Marvin A. Barstow for a Use by Special Review permit for a single family residence on a parcel which does not meet the minimum lot size in the Agriculture Zone district. The parcel of land is described as Si Si NE} and Ni Ni SE} of Section 18, T8N, R67W of the -6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has -teen submitted is 3} miles northwest of Black Hollow Reservoir, west of Weld County Road 15, and north of Weld County Road 90. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider _relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response -from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a lacer date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by September 26, 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. II 1. We have reviewed the proposal and find no conflicts with for interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. V Please refer to the enclosed letter. Signed /4 1,, zu.7wt`_. ._., Agency:-0_11,7„11_, ,4LDate: 2—,2 W- 42 Ski Debbie L. deBesc e Current Planner ��'' - fl-3 UNITED STATES Soil 4302 W. 9th St . Rd. DEPARTMENT OF Conservation Greeley, CO 30634 AGRICULTURE Service (303)356-6506 Beard of Supervisors West Greeley Sc' i I Conservation District P.O. Box. 86 Greeley, CO 80632 _ _ September 22, 19c:r_, Weld County Case Numbers : USR-757:86:37 , USR-753:86::8, USR-761 :86:42 Board Members : I have reviewed all three requests which involve breaking the E 1/2 of Section 18, T:_:N, P67W into three parcels for development purposes , all of which are smaller than the 160 acre requirement . The E 1/2 of Section 18, T8N, R671A1 is almost entirely made up of soils which are Class VI , non- irrigated . The proposal l by Mr . Barstow is to divide the :32'c ac . into 3 parcels with two 120 ac . parcels on the north and south ends and one :30 ac: . parcel in the middle . The north 120 ac . parcel will be made up of approximately 90 ac . of grassland and 30 ac . non- irrigated cropland . The middle 00 ac . parcel will be made up of 75 ac . of non- irrigated cropland and S ac . in farmsteads , buildings, etc . The south 1'20 ac . parcel will be made up of all non- irrigated cropland . All parcels should be considered for development land with other land use as secondary. The main, criteria for setting minimum lot size was to set the example needed to maintair, the land in a productive agricultural prospective. The lands presently in non- irrigated cropland are not -cropland suited due to shallow so I I s , steep slopes and erosion factors that exc ed erosion l i m i is under normal farming practic-es . The main concern is that the new landowners will not be primarily agr ie u l tura I oriented and will not have the ava i I ab i I i ty or technical knowledge to farm the I ar,d in a conserving manner . Therefore , I recommend that those lands presently in non- irrigated cropland be r-eseede,d to grass ( permanent vegetative cover ) to reduce erosion potential and return all sites to the best suited Iandus.e , grassland , and that the reseeding should be made a condition of USR approval . aIn Ronald D. Mi l ler District Conservationist Greeley SCS Field Office DEPART' NT OF PLANNING SERVICES f av s s`;Ft PHONE(303)3564000 EXT.4400 $ 915 10th STREET I ir.dil GREELEY. COLORADO 80631 ter. • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on October 7, 1986, at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a single family residence on a parcel which does not meet the minimum lot size in the Agriculture Zoned district from Marvin A. Barstow the parcel of land is described as part of the Si Si NE} and Ni Ni SE} of Section 18, T8N, R67 of the 6th P.M., Weld County, Colorado, containing 80 acres, more or less. The property is located approximately 3} miles northwest of Black Hollow Reservoir, west of Weld County Road 15, and north of Weld County Road 90. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Canter, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on October 7, 1986 . Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by September 18, 1966 Received by: \ 44:(tc, igienj Date: i 97a 1_/ ig:‘ 1 I C MAILING LIST Marvin A. Barstow USR-761:86:42 Richard Chadwell and Jaymie Jo Noland 46050 Weld County Road 13 Fort Collins, CO 80524 James S. and Rose L. Brink Box 710 LaPorte, CO 80535 George R. and Dorothy R. Turner Dunn 1303 Juniper Alamagordo, New Mexico 88310 Robert W. and Violette F. Turner 1226 West Broadmoore Drive Loveland, CO 80527 Donna F. Rugg 503 South Oneida Denver, CO 80224 _Donald Ace and Jan E. Morgan 907 4th Street Pierce, CO 80650 Orville Charles and Virgil Lyle Hawkins -Livermore, CO 80536 MINERAL OWNERS Marvin A. Barstow USR-761 186:42 Orville Charles and Virgil Lyle Hawkins Livermore, CO S0536 USE BY SPECIAL REVIEW APPLICATION • Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Applicati-on Fee Receipt Number Recording -Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the _undersigned, hereby request a hearing before the -Weld County Planning Commission -and Weld county Board of County Commissioners concerning the proposed Use by Special :Review Permit on the following described unincorporated area of Weld County, Colorado: S1 of the S1 of the NE/ and the N1 of the N' of the SEq LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: �,./.---- Section jg T 8 -N, R -67 W LEGAL DESCRIPTION of contiguous property -owned upon which Special Review Permit is proposed: S Section 18 TS N, R 67 w Also the N1 of the NE and the N1 of the S' of the NEq, Sec 18, T8N, R67W * Property -Address (if available) N/A PRESENT ZONE _Agri-culture OVERLAY ZONES N/A TOTAL ACREAGE 80 acres PROPOSED LAND USE One residential tome with appurtenant outbuildings with the Airwrommommvi balance in dryland what and pasture. EXISTING LAND INSF: Same as proposed SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — — — Name: Orville Charles hHawkins Address: City Livermore, CO Zip 30536 Home Telephone 4 881-2963 Business Telephone # Name: Virgil Lyle -Hawkins Ad-dress: 6913 Klamath Way #A City Bakersfield, CA Zip 93309 Home Telephone 4 805-832-2306 Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Marvin A. Barstow, Agent Address: 2000 S. College Ave. , 4308 City Ft. Collins, CO Z-ip 80525 Nome Telephone 4 493-4605 Business Telephone 0 221-11]28 List the owner(s) and/or lessees of 'mineral rights on or under the subject properties of record. Name: G.E. Greenacre and Nettie C. Cook Address: Unknown City Zip Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) 1S ,anA1 grature: Ownei ox uthorized Agent rr//2, Subscribed and sworn to before me this � y f ; 196,1k--;' c2i--rote BLI My commission expires /'' 6- --A-5.1"" ii% 6- wr, *Also, the 5%, of the SE k-, and the -S1/2 of the N1/2 of the BEa, Sec 1-8, T8N, R67W To Whcm It May Concern: I hereby authorize Marvin A. Barstow to execute as agent on air behalf any -and all documents_required by Weld County with regards -to an application for "Use by_Special -Review" to creat-three buildable parcels in the _Eh of Section 18, Township 8 North, _Range 67 West of the 6th P.M., Weld County, Colorado. The parcel sizes are one eighty acr-e parcel and tco 120 acre-parcels. r=.;v6' ORVILLE C. HAWKINS, OWNER The fepegoin ins t was -aclmowledgsd -before-me this //4/4'`' day of L46.a 1986, by Orville c. Hawkins. My eumnission expires /Q 6 - f Witness my hand and official seal. g —Cl otary lic Address: ere (-6'7` - J CT� e --- STATEMENT OF USE We are requesting a "Use by Special Review" to allow one residenti-al home and appurtenant outbuildings on a 80 acre -parcel locat-ed in the agricultural zone. The home and appurtenant outbuildings will be located in the " building envelope" desi-gnat-ed on the plat and _contains just under one acre. The ground is currently in -dryland wheat, and the intent is to leave the balance of the ground (approximately 79 acres) in this use. The primary agricultural usage of the property is being maintained intact. This request is to allow a 80 acre unit in an Agricultural Zone with Dry- land classification, whereas the normal size is 161 acres. This smaller unit will allow tither a farmer to st-art with a smaller acreage and less investment OR a residential unit in an agricultural atmosphere for those who -desire an agricultural life style without a full need to make a living from the farming operation. The existing uses in the general area are rural residential and agricultural . There is an existing home one mile south of the subjiect property, and another home approximately 1-1/2 miles northwest of the site. Properties in the vicinity vary from about 5 acres to 840 acres , with most of the units being about 1-60 acres . Only a singl-e family residence with agricultural related -structures such as gar-ages , barns , 'corrals , etc. as allowed in the Agri_cultural Zone art being requested. No special uses are being requested and all proposed uses for agricultural use, farm animals , waste disposal , fire protection, storm water retention facilities, traffic landscaping, erosion control and reclamation will be as governed by the Agricultural Zone. Electrical power and telephone lines are existing in County Road 15 -adjacent to the -property. Sewage disposal will be handled by an onsite septic system. to- mestic water will he provided ty a domestic well . A well permit will be obtained from the State Engineer upon approval of this appli'c-ation. There is an existing water well in the East Half of Section 18. Access to this property is directly off of Weld County Road 15. The -driveway access point is shown on the map and was designate-d to provide good visibility from both directions and for effi-cient access to the buil-ding -envelope. (2) F-i 4z i STATEMENT Of COMPLIANCE The integrity of the policy of the Weld County Comprehensive Plan will not be jeopardized as this proposed use will Tot appreciably affect the present use or make-up of this dryland area, i .e. a single family residential _unit will he allowed on a 120 acre tract which will remove -a minimal amount of land from production. A ne; residential unit will increase the tax base without adverse Effect on any utiliti-es or servic-es . The proposal is consi3tant with the intent -of the agricultural district as the primary use of the land will remain in its present agricultural _use. The sails in the area are rated as a capability Class VI , dryland with severs limitations to cultivation and crops . The location of the residential unit was selected for the normal reasons of home siting i .e. , distance from traffic, view, space, etc. The productive agri- cultural dryland has been conserved to the extent possible with the creation of only a small residential site and access road. Normal provisions for access , building separation, construction to Codes etc. will provide the standard protections for the health and safety of the inhabi- tants of the site , neighborhood and county. The proposed use is compatible with the existing surrounds g uses of dry- land farming as it is the same. Only uses permitted on -the adjoining properties will he permitted on this property. The site is many miles from any urban areas and appears to be compatible to any future -devel-opment of the area. The area does not li-e within any flood plain, geological hazard or airport overlay districts , and therefore complies with the Zoning Ordinance. Domestic water will be supplied -from a domestic well . -A well permit will be obtained from the State Engineer on -approval of this application and prior to the sale of the parcel . Other wells are in operation serving the residential units in the vicinity. (3) �I _ 7 i fir. a"] 47 ' •I I ' y A t• ,, 'r , ''...-.1y ; r'.rnr *,. "4..1 ' 1,' $ M. ry 1 S ►fit 4 o - 5713 ,' ,r ## ]i , 4,,,. v� .,1 .(} 5 jt'�..�- 4, ..�1 • a _ 55, 63 + r. $ 4. A ?I .. 4`�r , 7. 7 .- of aj�/_' 41, I I a. ( 1 it ., t p f h f { 4 i t 1 r , • 4741 , , t, i d 7y 65 p 1 I � i '"�1 't. r• S N 1 i. 4 I ' � K a 7 JI 47: _ • ) .. d t a S r, . 4 I .i .+"k rata �•, �, \q,�6 I 68 t I 1 ;� t ;r i ' ttJi ' • 65 4 -u� ix, r✓y a ,90 t.tirl �;'1(' S 7 Ti ��,r yl,�a ,� x�a , .r' 63 65 'I t t ra//llylfjjr"rr��__ 1 �r ' ',qa'., 47 47 4� q 1: ',} 3 q.. ' ^ y ,.h{ ryf ♦'ti < fi l i 1 . ''i 1 €n Y t - • 11 C u 1 fr,� r ± y h <r I . �vT .II yi Ix rf a y�1 t 47 r' i I " 4r65 ,c I A i tl .,�I , \' ^'��1r� 1� ,FiI:,r n, V T .T1• h ! ^1 4 65 "."1.11,1'' A Z • 't r ,'A ; 'I 5 , r r� F+ , r Fj A • .• ,y Y , 47 65 I ! I i . 1, r f+• r r C ( 7'S . ,� I °r rIII , , , 4G •1 , , d,, 44 . a r f 1 tii d 4 •k3., 1 1 .S + 65) 65 . A 4 I Y e Li y� d � f '-rl ) • 'I S '9 Al �` ` :/ ' 4 , r ,.� I s' .f. `,� `9 t f5 l! 'ate +' • •• '+Y • is a ,� .ti'ary 34;..� .a 1 n- 'ilYe t 'VI; +. ; ,rut r, I< 79 h' " 67 w1� rr t ter M i, " S; n ` t11 i r)40' ' r f F" 1 i t}:-!--fl I r f i a .• d^ 1 r 4 + ". R'. .; .�4 1 :.J.r 'S • • r • r •t t"�4 Sf .�`z +i • 'r., {'�f�. ti,,,' �,s AF yy7 D. �4{ }- 1 ; ,.h. _J fir{ V 4 r F6 r '4, I` I i. R,k. . S'� {Yyy{P,' �' !!, l 'N r• A . }t myr.v'.,yr ^� Y(�yi �, i.• ..Y ..'t44/7-II I .., nth _:;y+; s�'f ,+; A .d T'. N ma y\ F r P "'�rkto.„M}it:` . Gp L ti C/, 4—Ascalon fine sandy loam, 0 tog percent slopes. 5—Ascalon fine sandy loam, 6 to 9 percent slopes. This deep, well drained soil is on smooth to moderately This deep, well drained soil ison moderatelyllissected dissected plains. It formed in calcareous loamy alluvium. to highly dissectedplains. It formed in calcareous loamy Typically, the surface layer is dark brown fine sandy alliam. the surface layer Is dark brown fine-sandy loam-6 inches thick. The subsoil is sandy clay loam 14 Typically, Y inches thick. The substratum to a depth of 60 inches or loam 6 inches thlck.The subsoil is sandy clay loam 15 more is calcareous sandy loam. In some areas the inches thick. The substratum to_a depth of SO inchesisr surface layer is loam. more Is calcareous sandy loam. In-some_areas the Included in this_unit are small areas of Ascalon fine surface layer Is loam: sandy loam that has slopes of 6 to 9 percent, Olney fine Included in this unit are small areas of Altvan fine , sandy loam, and Otero sandy loam. Also Included are sandy loam, CascaIo gravelly sandy loam, and Peetz some areas of Rock outcrop. gravelly sandy loam. Also included are some areas of Permeability of this Ascalon soil is moderate. Available Rock outcrop. water capacity is high. Effective rooting depth is 60 Permeability of this Ascalon soil Is moderate.-Available Inches or more. Runoff is slow to medium, and the water capacity la high. Effective rooting depth is 60 hazard of water erosion is slight to moderate. The inches or more. Runoff is medium to rapid, and the hazard of water erosion is high.The hazard of soil hazard of soil blowing is moderate. This unit is used as nonirrigated cropland and Thisblowing ni moderate. rangeland. Winter wheat is the main crop. pla unit r used noas rangeland and nonirrigated oo cropland. Areas of nonirrigated cropland are poorly This unit is well suited to winter wheat, barley, oats, suited for use as rangeland and should be-seeded to and sorghum.Secause precipitation Is not sufficient for adapted grasses. annual cropping, a cropping system that includes small The potential plant community on this unit Is mainly grain and summer fallow is most suitable. Precipitation bluegrama, western wheatgrass, sedges,-and _usually is too low for crops on this unit to make efficient buffalograss. The average annual production of air-dry _use of fertilizer. vegetation ranges from 400 to 1,300 pounds. Maintaining crop residue on or near the surface If the range is overgrazed, the proportion of preferred reduces runoff, reduces soil blowing, and helps to forage plants decreases-and the proportion of less -maintain soil tilth and organic matter content.Stubble- preferred forage plants increases. Therefore, livestock -mulch farming, striperopping, and minimum tillage help to grazing should be managed so that the_deslred balance control erosion and conserve moisture.Terraces reduce bf preferred species Is maintained in the plant runoff and the risk of-erosion and help to conserve , tommunity. moisture. Range seeding is suitable if the range Is In poor The potential plant community on this unit Is mainly condition. The plants selected for seeding should meet blue grams, western wheatgrass, sedges, and the seasonal requirements of livestock or wildlife, or buffalograss. The average annual production of air-dry both. Other management practices that are suitable for vegetation ranges from 500 to 1,500 pounds. use on this unit are proper range use, deferred grazing, if the range is overgrazed, the proportion of preferred and rotation grazing. If the plant cover Is disturbed, forage plants decreases and the proportion of less protection from erosion Is needed. Loss of the surface preferred forage plants increases. Therefore, livestock • layer results In a severe decrease In productivity and in grazing should be managed so that the desired balance the potential of the soil to produce plants suitable for of preferred species is maintained in the plant grazing. community. This unit is well-suited to windbreaks and Range seeding is suitable if the range Is In poor environmental plantings.Supplemental Irrigationmayie condilion.The plants selected for seeding should meet needed when planting and during dry periods. the seasonal requirements of livestock or wildlife, or This map unit is in capability subclass Vle, both. Other management practices that are suitable for nonirrigated, and in Loamy Plains range site. use on this unit are proper range use, deferred grazing, and rotation grazing. If the plant cover Is disturbed, protection from erosion is needed. Loss of the surface layer results in a severe decrease in productivity and In the potential of the soil to produce plants suitable for grazing. This unit is well-suited to windbreaks and _environmental plantings. Supplemental Irrigation mayibe needed when planting and during dry periods. This-map unit is in capability-subclass lye, nonirrigated, and in Loamy Plains range site. • 8&/4o-0 __ III I 85—Terry sandy loam, 3 to 9 percent slopes. This moderately deep, well drained soil Is on moderately dissected to highly dissected plains. It formed In calcareous sandy residuumilerived from sandstone. Typically, the surface layer Is grayish brown sandy loam 5 Inches thick. Thesubsoil is sandy loam 12 Inches thick. The substratum Is calcareous loamy sand 15 Inches thick. Sandstone is ats depth of 22 inches. Depth to-sandstone ranges from 20 to 40 Inches. 1. Included In this unit are small areasof Olney fine '.n i sandy loam, Vona sandy loam, and-Tassel loamy fine I sand. Also included are small areas of soils that have a subsoil of sandy clay loam and have-sandy shale eta .,: depth of 20 to 40 Inches andsolls that have slopes of less than 3 percent. Included areas make up about 15 percent of the total acreage. Permeabilityof this Terry soil Is moderately rapid. Available water c-apacity is moderate. Effective rooting depth is 20 to 40 inches. Runoff is slow, and the hazard of water-erosion is moderate to high. The hazard-of soil blowing is moderate. This unit is used as rangeland. The potential plant community on this unit is mainly bluegrama,sand dropseed, prairie sandreed, and needleandthread. The average annualproduction of air- dry vegetation ranges from 700 to 1,800 pounds. If the range is overgrazed, the proportion of preferred forage plants decreases and the proportion of less preferred for-age plants increases. Therefore, livestock grazing-should be managed-so that the desired balance of preferred species is maintained in the-plant community. Range seeding Issuitable If the range is In poor condition. The plants selected for-seeding should meet the seasonal requirements-of livestock or wildlife, or both.Other management practices that are suitable for use on this unit are proper range_use, deferred grazing, and rotation grazing. If the plant cover is disturbed, protection from erosion is needed. Loss-of the surface layer results in a severe-decrease in productivity and in the potential of the soil to produce plantssuitable for grazing. This unit is well suited to windbreaks and environmental plantings. The main limitations are restricted rooting depth-and low available-water capacity. Supplemental irrigation may be needed when planting and during dry periods. Summer fallow, cultivation for weed control, andselection of-adapted plants are needed to insure establishment andsurvivalof seedlings. This map unit is in capability subclass Vle, nonirrigated, and in Sandy Plains range site. 80/40 - 2 T DIP, AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property The S1/2S1/2NE1/4 and the N1/2N1/2SE1/4 of Section 18 Township 8 North Fange 67 West of the 6th P.M. , Weld County, Colorado. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, theing first _duly sworn, states that to the best of his or her knowledge the attached list 3s a true and accurate list of the names, addresses _and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from -a title or abstract company or attorney, derived from such records, or from the retards of the Weld County Clerk and Recorder. -The list compiled from the records of the Weld -County Assessor shall have been assembled within thirty (30) days of the -application submisssi ion date./7--,7&; ej The foregoing instrument was subscribed and sworn to before me this day of a4A.a.4f , la. WITNESS my hand and official seal. My -Commission expires: f-q- , A/IA //NAL / i Notary Pu is / / NAMES OF OWNERS OF PROPERTY WITHIN 500 -FEET • Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 9 Richard Chadwell Noland and Jaymi-e Jo Noland 62055597000015 46050 WCR 13 Fort Collins, CO 80524 George R. Dunn and Dorothy R. Dunn aka Dorothy 67095507000014 Turner Dunn . 1303 Juniper, Alamagordo New Mexico 88310 James S. Brink and -Rose L. Brink 62059508000008 Box 710 LaPorte - CO 80535 Robert W. Turner and Violette F. Turner 67055517000007 1226 W. Broadmoor Drive Loveland CO 80537 Donna F. Rugg 62055520000011 503 South Oneida Denver Co 80224 Donald Ace Morgan and Jan E. Morgan 67055519000016 907 4th Street Pierre CO 80650 Qrvill-e Charles Hawkins and Virgil Lyle Hawkins 69n9551RhM0004M4 "A6205551890 Livermore CO 80536 III AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property The S1/2S] /2NE] /4 and the N1/2N1/2SE1/4 of Section 18 Township 8 North Ranee 67 West of the 6th P.M. , Weld County, Colorado. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. Wmeet ri/ 13°7 The fore oing instrument was subscribed and sworn to before me this /�-- day of ��// /i , 16. WITNESS my hand ‘bd official seal. My Commission expires: A(/-12%7 y -12%7 grit//27 7 lda Notary Put c C__/ I -- - _- I illy_ Orville Charles Hawkins and Virgil Lyle Hawkins 100% in the NE1/4 and 75% in the Livermore CO 80536 SE1/4 of Section 18 Township 8 North Range 67 West of the 6th P. M. Weld County Colorado. G. E. Greenacre and Nettie C. Cook address unknown Possible 25% interest in the SE1/4 of Section 18 Township 8 North Reservation unclear see attached Deed. Range 67 West of the 6th P. M. Weld County Colorado. XO d 4 4T7 I. A kn r &.ri F r yo* !" 0 . 1 anf y T4 S" ��+��fl� �c .:1,1,41i.. t �.. a �.• `�° ¢kti fi!.,h , { s �° �Fatord.d se_..�...,$ ......._...o'etotk ,' .1A 2 iS 1� T� e .', .189: __ c.ft t; k Reception Na _ pi . goy Irvin Hawkins, and First National Bank, Fort Collins. ' -• CO, trustee of the Irvin Eli Hawkins trust, :1 .' , CN 'A I whose address is 345 Shafer Ave.1v/1 , Pierce, Skye F» Dote JaH a s 1981 `• County of Wald ,sae of g 3. rys i Colorado for the consideration of ten dollars a 4.• ' and other valuable consideration, • dohs; in hand paid, hereby sell(*) and convey(s) to Orville 3 1 y' P`' • ;i1 Charles Hawkins and Virgil Lyle Hawkins e whaalegal address is c/o Orville C. Hawkins, Livermore, e G County of p ILatimer , and State of Colorado the following real property in the ' . .;µ„r 0 wq, o I County' of Weld I I O and State of Colorado,(II to wit: I �� Section 18, Township 8 North Range 67 West of the 6th P.H. � Fire I in .r2 I N ,, .. J .., . ,t „ . ,,,A . . „ 1 F.,.,: 1 b rt,. .. , , ,I q µ • l skit annatnasiamadatt with all its appurtenances, and warrant(s) the title against all persons we(k'!''sl, claiming under se. 41' I Signed this 12th day or Janu . 19 81 ii ry II I Attests �Y I in Hawkins ''' STATE OF COLORADO, Firs tIias a a o t Ccllins, ', tru t. : o /t 1n Hawkins Trust i ( County of Lorimer u. BMl `�• ! � . %* The foregoing instrument was acknowledged befo me this 12th lv day of January ,1 kin �8"1 �,by Roy I n Hawkins gild 1 I es wea Rag a ands-Sots 52 as Gi '/ of irst National-Bank �' o� E�'..s � stetua on expires R' a Irvin Eli Rivkin* s , +s!!�* d and officialiP ,, Li ,'• A% U81.%G ■+.n�+w ., It ,', . '::: [ , :, UP 'WA; t a' *I., {��. Its.lit t.n.• ,aw{•-a%M Vora 'nand Pi1W lq a ISIS)Sni W.AGalva. &. . .G .Coh Mel—.w171FYN_w-- N • -y, - . . •141 µ:, rL�f .'L.,;•..;;;•.-,.-.-. , riti4:: t . !...44,c....... ,s,-.,:. ., t., -r'._'.> 1.... ,+, l• i.. I'�37Se3 �. B 0971 REC �_ 4 �. ri'�,.,. ! ,. �ypar � f �'' ,° ILL+`: .' ' S01895833 06/28/82 00:51 1/001 � " ; z 4 I F 0460 MARY ANN FEUERSTEIN' CLERK A RECORDER WELDCO, CO !64ill'; c •1 :t{ + ,�J "�sye ` iii pp ;IR + F ' 3 1, :. 1 • !!!% tired t • .: 5 peraNgs)«fwd***V"old .i y. , ,•.y, ','awned biker as ORMf1 o..lathe 7 4i 1- Ihe GRAtfrOR tieraby aaleard cameo'in , wo:atrwiou,end the GRANTOR warrant*the tide seek*pp person �p� babes nthexc ale o ,. , 1 , .:.1 env pernciaar matters described bekrw matters established by the �gyJ e Weccxd d&cw ec except fora blowing rp `:S -,...„4.:',.Y .1 t " !F nthtard lames.mdproeecti I by recorded doaanw eoeameMs.r,hte{7k{rry,rrttnerpf • ,ad �I 1 f YanaaIpoI _Wtaxe,* thaw t, ad `fT^• NTK.dpeygotwcrant �lttrtIN, `lt_f • •r1• ! `. a the Griot ir'kwdkila?rapt**,la carom lwSaN_tin*,biorot 1 Jp to 5� to ' . .+�' ! :r, "' , . ISO mores Omens !'eFQPV_ronpAsa kola added►,bw e1errGlamorrliorrodcoo_ taoaois.• '-; as4er , ',y .t, `IMOAadOofmoresOmenstoraud lo No Deed.Ns YMwMdeign acaliti;.alai'.brwandar oas ins*i11omeitisvar��ysub. — ;;:� Iai.% , site Greensorathat - ny ateGr�IWYbdoot t'Cosd goocIardA,ramble d�011 de Dog and that/Me m4cai pgerr tr, t a- I ' .., erase*we Moths staled dnP+aatMad.mod Indicated c; ';',Fr s8sa,lca d•staled amount wdr'IConfdrj .Y as Mead b bdcale art a oo ammo Y� tne�rrr bpd , t �,_ .+oo• Y following blfonoation completes this Deed: - • ' --{v,�y .i omorrotttom •Am'Mw.and,,.www, FIRST'INTERSTATE BANK OF FORT COLLINS, N.A., 1 ' Trustee, 45-0406-00-4, formerly iknown as r•;,' • (.First National •Bank in Port Collins, . Tru;te , � ' ;• dawru w .r�..a,c a,a.,w . 1, 205 West Oak,. Fort Collins, CO 80521 , ORVILLE CHARLES HAWKINS and VIRGIL LYLE 0 ,r jHARKINS, c/o Orville C. Hawkins#i Livermore, 04'7 ,) f°aMOFo°° " , Tenants in Common « Ss ►aoesan ocaaarno,e • jSection 18, Township 8 North; Range 67 West 'IS Iof the 6th P.N., Weld County, Colorado. r c H i 1, ,.•'.'.: *NOTE: This Warranty Deed is given to correct t t that certain 1d ,, syr Warranty Deed recorded in the recordsof Weld County on January 23, 1981 in Book 926 at Reception 11847769 r' in which Roy. Irvin Hawkins was erroneously named as a Grantor,-although be was not in fact an •owner of . record and to correct the type of deed to a Special ,,« " Warranty Deed.i '' iI . j I aaoasatvAoortse N/A 14..4 sir C.. CONSMaATIOtk I Ten Dollars and other ewu�unowAraoa ' consideration. good and valuable ,� asencrroea p h.r d„iu -4 II Of record. Aoofixxl%wAnAflry cxCrll{Orq,a nm.,Iwo.Welk) FIRST INTERSTATE BANK OP PORT COLLIN tr, �� June 25, N.A. , Trustee, 45-0406-00-4, former]. Trustee Pirst National Bank in Fort Collins,sp By Grantor �: . Grantee `�-�I�t" ; STATE OF COLORADO ) Y qua 3� �J .by 15 a..vb samoo irbad_pefors ma this o26 dams of l—� awulnuu rt.•t !' -sue . , �aRAJT�N �r�•, a '.. WfTN85S ery hand end p. My coman scion txp4ea:my C s whit Awl a ; , 211 Meat Oak St, A + fist Dam,CO 80411 Notary Public .' STATE OF ' v $ COUNTY OF 1 as u ! 1 bre0o4gbntnarwttwes�befaanasUa4 dsyd iTAT� yy t WITNESS my hand and official sail agrarN 1 }y empiric tt •Notary Pub is br'A $s t! ekta =6:14Y.1';;', w ' }s _4Y. Na lit-n.•)• •,'. ri d.,!r;. • ..._ • t ..• ✓. 3%.• 'n ', iF,'�.4!`c+a' M F I,i,4,' s a .. l �)1.1 I f V Hello