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Home My WebLink About891274.tiff RESOLUTION RE: DENY SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A RECREATIONAL FACILITY INCLUDING A SHOOTING RANGE, HUNTING LODGE, AND GUEST FARM LOCATED IN THE A (AGRICULTURAL) ZONE DISTRICT - CHRIS AND AMY ELDER 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 6th day of December, 1989 , at the hour of 10 :00 a.m. in the Chambers of the Board for the purpose of hearing the application of Chris and Amy Elder, 13648 Weld County Road 64 , Greeley, Colorado 80631 , for a Site Specific Development Plan and Special Review Permit for a recreational facility including a shooting range , hunting lodge, and guest farm located in the A (Agricultural) Zone District on the following described real estate , to-wit: Part of the N , Section 32 , Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Chris Elder, one of said applicants was present, and WHEREAS, Section 24. 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, 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 denied for the following reasons: 1 . It is the opinion of the Board of County Commissioners that the applicant has not shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows: 891274 Pt 7S . ; Page 2 RE: DENY USR - ELDER a. The proposed Special Review Permit should not be located within an Urban Growth Boundary Area. The proposed Special Review Permit is for a game bird shooting preserve. The preserve would also include a sporting clay course, a trap and skeet practice area, and a clubhouse with a bed and breakfast facility. This activity is supported by members who pay for the right to hunt within the specified boundaries of the guest farm and to use the shooting ranges. The application materials indicate a capacity attendance per hour of 40 users. Other special events on the property could cause this number to increase. b. The proposed Special Review Permit site would not be compatible with the existing surrounding land uses. The application materials indicate a potential for 1 , 800 rounds being shot during a one-hour period. Existing land uses in the surrounding area consist of rural home sites, agricultural production, including a dairy, and oil and gas production. There are over fifty (50) rural residences within a mile of the subject site. c. The proposed land use is not compatible with the future development of the surrounding area. This site is located immediately north of the Cache La Poudre River trail and the City of Greeley' s Planned Unit Development for a golf course and residential building sites. The public golf course is scheduled to be completed by the summer of 1991 . With the completion of this facility, residential development is expected to continue to increase in the surrounding area. These future land uses are people intensive and are not considered compatible with the proposed Special Review application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a recreational facility including a shooting range , hunting lodge, and guest farm located in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, denied. 891274 Page 3 RE: DENY USR - ELDER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: 1u � ?f,< ,� g; e WELD COUNTY, COLORADO //�f Weld County 'lerk and Recorder and Clerk to the Board C. ‘47y, ai man gy• /�2(��y� Cl ,uit,12, 'te n en R. Bra ner, Pro-Tem eputy County APPROVED AS TO FORM: onstance L. Harbert EXCUSED DATE OF SIGNING - AYE George Kenn 'dy County Attorney Goh'd�la • 891274 HEARING CERTIFICATION DOCKET NO. 89-55 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A RECREATIONAL FACILITY INCLUDING A SHOOTING RANGE, HUNTING LODGE, AND GUEST FARM LOCATED IN THE A (AGRICULTURAL) ZONE DISTRICT - CHRIS AND AMY ELDER A public hearing was conducted on December 6, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Gene R. Brantner, Pro-Tem Commissioner Constance L. Harbert Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated November 20, 1989, and duly published November 22, 1989, in The New News, a public hearing was conducted to consider the application of Chris and Amy Elder for a Site Specific Development Plan and Special Review Permit for a recreational facility including a shooting range, hunting lodge, and guest farm located in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Rod Allison, Planning Department representative, read the Planning Commission's recommendation for denial of this request into the record. Chris Elder, one of the applicants, came forward to explain this request. He said most shooting at this location would he from September through March or April. Mr. Elder submitted samples of the clay targets used and showed a videotape, "Shooting Sporting Clays." Comments favorable to this request were made by Gerald Reid; John Schmidt, regional director for Ducks Unlimited; Bob Seyfreid; Bill Lance, a certified wildlife biologist; Earl Gazlin (Tape Change #89-52 during Mr. Gazlin's remarks) ; Richard Beck, who presented two petitions; Lucille Reid, who read and submitted a letter from Sam Andrews, Director of Therapeutic Recreation at Craig Hospital; and Mel Ylarraz, manager of the Jack Nicklaus Golf Course. The following spoke in opposition to this request: Jack Crowley, representing Poudre Management Group; Bill Hange; Albert Allison; Al Arriessecq; Beverlee Allison; Ruth Firestien; Kathleen Feuerstein; Shirley Selzle; Wilbert Firestien; Larry Selzle; Ed Orr; Clyde Feuerstein; and Karen McKelvey. Wilbert Firestien and Kathleen Feuerstein spoke for Shark's Tooth Pipeline Company. Those speaking in opposition cited noise pollution, safety, protection of wildlife in the area, and potential damage to livestock operations in the area among their reasons for objecting. Wes Potter, of the Weld County Health Department, explained how the noise level testing was done for the data submitted and how testing would be done should this be approved. Mr. Potter expressed concerns about the possibility of water pollution if lead shot is used over the river. Tim Brough, partner of Chris Elder, presented further explanation of this request. He said for the last five years they have had a hunting operation near Windsor, which is also in a populated area. Mr. Brough said that all shooting would be done during daylight hours and all waterfowl shooting would be done with steel shot. He said the trap and skeet shooting, which would be done with lead shot, would be directed away from the 891274 6575 Page 2 HEARING CERTIFICATION - ELDER USR river. (Tape Change #89-53) After further discussion, Commissioner Brantner moved to deny this request. His motion was based, in part, upon the fact that the Weld County Planning staff, Weld County Planning Commission, City of Greeley Planning Commission, and Department of Wildlife have all recommended denial. Commissioner Brantner reviewed the criteria to be used in considering a Special Review Permit. The motion was seconded by Commissioner Harbert. Chairman Kirby noted that the applicants have had a good operation near Windsor, but that he will vote for the motion. On a roll call vote, the motion carried unanimously. This Certification was approved on the 11th day of December, 1989. APPROVED: 1-71P �f ,� BOARD OF COUNTY COMMISSIONERS ATTEST: � L4&vC t.P.ti,Gf 1 3 WELD COUNTY, COLORADO -Weld County Clerk and Recorder � , and Clerk to the Board C.W, rby, Cha man • / 09( orknet De}uty County Cle c en R. Brantner, Pro-Tem onstance L. Harbert EXCUSED DATE OF APPROVAL George Kenpedy Gordo E" c TAPE #89-51, #89-52, and #89-53 DOCKET #89-55 PL0575 891274 ASTENDANCE RECORD ' TODAY' S HEARINGS ARE AS FOLLOWS: DECEMBER 6, 1989 DOCKET #89-50 SHOW CAUSE-COZ GRANTED TO CLARA MOORE, SHIRLEY JEAN BOYD, AND GERALD WAYNE MOORE DOCKET #89-53 USR-RECREATIONAL FACILITY, CHRIS & AMY ELDER DOCKET #89-56 REVISED TEE SCHEDULES FOR BUILDING, PLUMBING, MECHANICAL & MANUFACTURED HOME PERMITS DOCKET #_89-57 INCREASED LAND-USE PERMIT APPLICATION FEES PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING I.FPFY *ClitfLLJ rtZL& r// Al 6, 7 Ave::: #c-(- - 53 ✓'. at, � L`0-1. /,/'d• ?j... 6c,/ / l ys-, 7n , C ki 6 y ,Y' , ,5- I . SS ("rat.117,1 1A-tit-.1 /377/ tc0c? to tog Lic'4 ;1,4:,�„i 4:.„-a-t„...et-,, /977/ 4:'n ,'e. 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I ex d‘oc,t)fer %/7 ?5,177/ ,7-10-(7- 17if24 Tj.°; 891274 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any 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 shall be advised in writing of such action at least five 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, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 89-55 Chris and Amy Elder 13648 Weld County Road 64 Greeley, Colorado 80631 DATE: December 6, 1989 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - Recreational facility including a shooting range, hunting lodge, and guest farm located in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the Ni of Section 32, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles north of the City of Greeley; south of Weld County Road 64, and east of Weld County Road 27 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUER.STEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: November 20, 1989 PUBLISHED: November 22, 1989, in The New News Xf/H'i hi8 1274 1 NOTICE Lga Ilfa 'N the the ES 10th � at the mkreeted in thes Site ic Development Plan and Review are lo eta:end.Permit IY be d eorg�rto aatt days Etch the five u[ be nd_m_pao the IT AtO " the rission be of to el County in the 1ph �'ltitdd TAM7R . Plan range, AL ON: Part d 1/4 Se 5 Tdttt aaod auholito( elW . eOCOM ISS NEB` WELD COUNTY COLO 1Y`1� � >,Y:MAR �� BY:MaryS�S 19dSDeWIY t Nwani6ef SS, IN% Pien Ciir(li (--C, 1 t, ,- /� 891274 Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Lorita Seidler of s * y said County of Weld, being duly sworn, say that I am " " '' " '` an advertising derk of NomA Pa heath% Hi 'be held tilflop THE GREELEY DAILY TRIBUNE, and dnam adol Masters co comn*atoneyeotrwwldyco*y. THE GREELEY REPUBLICAN Cdomd9;.•Wete csmeerl Center,9teit Rini!Roth. that the same is a daily newspaper of general Gnaws COMredi,Aet atle thee- ifisq. Ail pelladts ft Arty mailer circulation and printed and published in the City of Interested M theSite`:Spaellic Developlheni Nan and Special Greeley, in said county and state; that the notice or Revew PermK ate requested to advertisement, of which the annexed is a true copy, has attend and may he heard. Should the applicant p ��,, or any been published in said daily newspaper for consecutive koa�atmeniaehrari rtaseeetd (days) (0k6X1 that the notice was published in the d the proceedings,In aedNNn le regular and entire issue of every number of said the taped retard WOO MI be St dwing*e hearing,the Cleat trig newspaper during the period and time of publication of sotng f each' shall l»accred etwri said notice, and in the newspaper ro er and not in a Boards Offthe haactll at least Mproper days pMr to the hearty. Tim eastsupplement thereof; that the first publication of said of engaging a court repot*Meld. ba,bos yOmathu efWinpgRIMY. notice was contained in the issue of said newspaper OE IT ALSO KNOWN that are text end maps Do candled by era bearing date Weld County Plant:dg carmrelan Twenty-third may be examined M the gales of the Clerk to the Board 01 t:ewty Commissioners,located In the 9st , day of November A.D. 19 Co mycan rs,loLwd In ate teed Street, Third Floor, 'Greeley, and the last publication thereof; in the issue of said cobratlb APPLICANT:Chrr and Amy newspaper bearing date the Elder,13648 Welaeeuray Reed M Greeley;Colorado 8083! Twenty—third DOCKET NO.8945 DATE:December 6,1989 TIME: 1000 AM. -day of November A.D. 19 89 • Development pm REQUEST: Special that said The Greeley Daily Tribune and The Greeley REEVION Pewit"Racriationaifacility Republican, has been published continuously and w!minding shooting range,hutting lodge.aMlWcettann tended lndhe uninterruptedly during the period of at least six A(AgrlduaureS Zone District SlitiVicilinfettRynafittb months next prior to the first issue thereof contained NI/2 of Shape 22,Teenage E said notice or advertisement above referred to;that said North,Rat 68 Weltad hatEth P.M.,Weld Maly,Colorado - newspaper has been admitted to the United States LOCATION: Approximately .5 miles north of the cey of Greeley; mails as second-class matter under the provisions of the soupth w c�ed coun�atypRa�oad 64,and Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified COSAMISSIONERS WELDCOUNTy,COLORADO for publishing legal notices and advertisements within COUNTY RKANDNN the meaning of the laws of the State of Colorado. •AND CLERK TOTHE O November 23, 1989 Total Charge: `$20.80 t?rt-.�-XCv f> Advertising Clerk Subscribed and sworn to before me this 23rd day of November A. D. 1989 My commission expires 7 '' 2-1,9 [//'J 0,12-..n.,-1;-.4 ,/ i J _ _"`^^"`_ V Notary Public 891274 NOTICE OF PUBLIC HEARING The Weld County Planning • Commission will hold a public hearing on Tuesday, the obe ,1969, at 1:30 p.m. for purpose of considering a SiteSpecific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property nght pursuant to Colorado Law. APPLICANT: Chris and Aniy Elder GAL DESCRIPTION: Part of the the 6fh of Section 32, T6N, R66W TYPE AND INTENSITY OF PROPOSED USE: A Recreational Facility including a Guest Farm, Hunting Lodge, and shooting range in the A (Agricultural) zone • _district. - LOCATION: Approximately .5 miles north of Greeley; south of -Weld County Road 64 and east of Weld County Road 27 - 1172: 266 acres,more or less roe yuduc nearing will be held in -the Weld County Commissioner's . - -Hearing Room, First Floor, Weld • County Centennial Center. 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be subndtted 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 17, 1989. 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 80631 - Phone-356-4000 Extension 4400. Ernie Ross. Chairman Weld County Planning Commission To be published in the New News To be published 28. 19 . (1) time by September 28, 1989. Published in The New News September 28. 1989. 7--e/I-/-6/ C /2t ,cam 'l'' 1989 '1 891 274 FILE PL0575 CASE NUMBER 891274 USR892 EXHIBIT V1 -V3 ARE CLAY PIGEONS AND EXHIBIT W IS A VIDEO TAPE. PLEASE SEE ORIGINAL FILE. 3425 South Clarkson Engle d, Colorado 80110 303.789.8000 { EXHIBIT Craig Hospital December 1, 1989 Commissioners Weld County, Colorado Dear Members of the Commission: I am making this effort to share with you our very strong feelings of high regard for the proprietors of Western Wildlife Adventures, Mr. Tim Brough and Mr. Chris Elder. Forgive me for not being able to appear personally. We very much did want to make our feelings known about these gentlemen and their business involvement with us. Craig Hospital is a hospital specializing in the rehabilitation of persons who have sustained severe brain or spinal injuries, often leaving them with permanent disability. Our purpose is to assist individuals back to as healthy, positive, productive lifestyle as possible. In short, we try to put tragically interrupted lives back on a positive track. It is not enough just to medically stabilize people such as this and give them some adaptive equipment and send them back into the world to survive. There must be good reason and positive examples that life, in fact, can be as ful- filling as prior to the disability. Without going into a lot of detail , part of the rehabilitation process that works so well for many of our patients is to return to activities in the out- doors. For these people with those interests, a component of the rehabilita- tion process is to reacquaint them to the outdoors, placing them in encourag- ing situations, addressing safety issues, and creating realistic and viable opportunities for them to pursue as they return to the community. 891274 Commissioners page 2 We had a difficult time in achieving success in this area with many of our patients until we began our business association with Western Wildlife Adventures. Other similar organizations either did not have the time or interest to work with adaptive programs. These gentlemen did. They did it with patience, enthusiasm, skill , and a strong sense of community involvement. Many of our patients, some of whom are residents of Weld County, have flourished as a result of these efforts. Many return to Colorado and Weld county bringing a small measure of economic activity as well . We feel that Western Wildlife Adventures is a business concern that our state and Weld county can look to with pride. We very much want to encourage you to reward and encourage them by looking upon their request in a favorable manner. If I may be of assistance in any way, please contact me at the above address or phone number. Sincerel Sam Andrews, CTR Director, Thera eutic Recreation SA/cw cc: Dennis O'Malley, President 891274 To the Commissioners E HIBIT of the county of Weld: f _��y^i�u 'We the undersigned, as residents of Weld County, do hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to be located at and known as the Ox Bow Club. The benefits on this one of a kind recreational experience and its ensuing ecomonic vitality for residents of all ages, and including the handicapped, far out weigh any other considerations. Your unconditional support to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. :Name Address City/Town 1, l� jr4fet J, o115o 4ISCr0o ,`✓' 6Ak_1 /eY 2. L ceei z.ld jR yo a ad s'reter- EA'70N 1.6,S laiimaisspierrs - >. 4. 'Po aux n dazi (f.0 BOG Y� �' a CoT. gum 2 6-2O„ w c/t 717 A/S. jr29 P8T" Ate 6&-_ --Y Co. • tics-A la y d r 29 i-/zazeiwiel a &uo ci 10. 11. -1..�%r�r✓/ AM' 0, 3 /Gigs S' t` OrPlokl G-ee G / 12. 8912'74 To the Commissioners of the county of Weld: '.;e the undersigned, as residents of Weld County, do hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to be located at and known as the Ox Bow Club. The benefits on this one of a kind recreational experience and its ensuing ecomonic vitality for residents of all ages, and including the handicapped, far out weigh any other considerations. Your unconditional support to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. :are Address City/Town 1. crz -4,442_ -.,-tog- rservor Rc io3 C> r( rey CO 0G31 . 6 .. sic 5 614 S7,,,e5 .3 C (�1n/ Co , 4.8,,,,,„„,,,, ate Jce ,5 ST �aSs 2 , �) SQetis r ti `.-00'So 5T ` t .k a Co Co/ b f' _ l 4A-a Flo . P. AtilAIM AMA4 /`cam �r �— S 7 5 1,,) . 3A �s4 (q .� G cm 10. p . , a. _ �� /053 ' wee 0 11. 1 1:3VS q(4771'_{w U 34 a cLAY4^ ) 12. /4'114 49/ ‘e r 3L/0O4, Cg /r, A%)7Ai Lo 891274 To the Commissioners of the county of Weld: '. e the undersigned, as residents of Weld County, do hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to be located at and known as the Ox Bow Club. The benefits on this one of a kind recreational experience and its ensuing ecomonic vitality for residents of all ages, and including the handicapi.ed, far out weigh any other considerations. Your unconditional support to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. Name � � frnGr GL Address 3 (7(0 Lthe`k1/j Cit �'rfc�111C y/Town 1. � 6- - ic /lire £ 32 ' LA- C' ic' 6elk_ le.-- / A '5 t 2. Ea- itC l,„h ci /✓. /1,:i el 5 \ \ N. \ \ \ 3. �/ t{� l � wv 19 Z ti� arri)%02 ( cIc fa--- 7 y iklA iii ii r-ear-Lett Y,/ 1 -� v` r Cv ,,k,. - z 732 -2 .Z'Y J,t. /�...e.- 9j',,ceS, C/° . .55.25V vciz 90 /3 /t,1/2d e/L 13i2t 9c,-12/t • Pjet "'"'-"" gq9 Parci Auc i)i E2c ,e Co - 0905--0 ;. 74.. )oZ_ , _e _ , \ \ \ 10. . H. /g4._+ 1ls7 r/w/V4,eney e.0/6 . gOO6° 11. �.m ma-3 / S' 1, RAJ, �.4 90�5/ Q �4 , '50 3Ca.y.( o&1 ST / e7c 12. 831274 To tl;e Commissioners of the county of Weld: the undersigned, as residents of Weld County, do hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to be located at and known as the Ox flow Club. The benefits on this one of a kind recreational experience and its ensuing ecomonic vitality for residents of all ages, and including t2.e handicapped, far out weigh any other considerations. Your unconditional support y to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. bare Address City/Town 7CCHo4, cc)Oc d �(2- - IUIL� s fr 2. 7ef ce, '«aJi X / sr R (,rFt cE Y 3. k 77/ /7� / go x /46 �3 k4k/, /ro lti 6. ie 3atg oek sq 614-et 10. 11. 12. 831274 To the Commissioners of the county of Weld: 9 TIBET 're the undersigned, as residents of Colorado, to hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to Be located at and known as -the Ox Bow Club. The benefits of this one of a kind recreational experience and its ensuing economic vitality for residents of all ages, and including the handicapped, far out weigh any other considerations. Your unconditional support to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. 1:ase Address City/Town 2. . I Ci,lu L°urd1' 41g/7 j Jo-cO y (6/.11-itesi ( c.) gi/e!hz-c eG'' /ov;�.4/f 1/ G f ;r St'�5 r I,. . Q_S9tfk- -ratae C(7. ?Pb/S -5' 0-71\7:451illSd E./7, i , _620_, `/0.,4:, i2 �al2i.�s�o dos 1 d nn `��al 7o( ��s��1 �, -.9"` / 6/%.r, rG arise af.4-4.2 6,/ Q ,..\Thrt--4c-illtki 9154- ...cd/bArsj e ef.bra 9. y ti 7 A. rrlosa- F/ T/� s, ro ? Y LA CO r 1O. 4 jAikimi 125.4rijiro jstAlQa4C> Q 11 g 1 w. 2"9— t6 cif Dr F41 COMAS ) Colo $°3% 1 A Win'" �7" u �12. e 2N E 4fit,01 t_ . 4l1(1-rs,6/�. ,7 / 831274 the Commissioners of the county of Weld: Le the undersigned, as residents of Colorado, to hereby endorse and sup;;ort the construction and operation of a shotgun sport shooting range and hunting club to be located at and known as the Ox Bow Club. The benefits of this one of a kind recreational experience and its ensuing economic vitality for residents of all ages, and including the handicapped, far out weigh any other considerations. Your unconditional support to this effort will instill in us the guarantee that our Constitutional rights are heirs urotected, while preserving a vital legacy inherent to the West. ;:ar.:e Address City/Town l '. Jo LN m Isgte 3z5h/oe I AFT h (, %<.o 14,x s , <II AI, eo$ / 3. ' e- dH I 3z4 }-a,, r vitt-V pcP- Co//tHs,co. g-ccz I . a_ Rukt,t..s,., ( 704 !!l «S/ ID � D P J !, gb-CZ7 4._______T Rt4_,<L___ sr) 2 2- 13 r ie k s So SaS 6. a7 � 171 r3vs/ Qum us gdz� 0 uaw ‘.) 1,4A ge,06 Fl k,b Cyr . - 64,,\3. ,,v3. a . Soc I a// ? /X /I/A E//ter. c.�_,�s So 0)-C 29 AMA:(- -)�- "a& 7, 771 rte.9. / ,?o 517 lo.1l. i V `�2' 9 .0s-- A . /-14 .Labe- /.c^e� / l 0 V r 7' ,23/-2- *4,A/447 el: 1'/ „;//,, 5_ CV 5o5.2-G" 821274 To the Commissioners of the county of Weld: '. e the undersigned, as residents of Colorado, to hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to be located at and known as the Ox Bow Club. The benefits of this one of a kind recreational experience and its ensuing economic vitality for residents of all ages, _ani including the handicapped, far out weigh any other considerations. Your unconditional support to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. name JQ Address 1 w' City/Town. U[1to//7.m /7(0/ is tzdoeva—J �'. T-Ci/? //1. - c6v5Zy 2. ,o-4' Al-c4,-4,, L, L .) 7/3 dgLt-ey,-> f 7'— ,rr a //",s- ot-os:4t- 3. f ' .-Pcvee-/els�.,.c. fit, 6 top p .- , / C ®/X n s b'o SZ i J+. 104- v _ l'�J' . 4'f3/ Lost Creep el. foot Coll;aS/ P°-5-2-C 5. a,,,,,041.47 t7gZatel /9 zg ,.de:V,.5-2.e, 6. Q //W7 war- Ft- 644 10 4 /6/o o c.lig Fe. C /g,05-07‘ / a / �!� ¢t r4i/ �s �n�--Y fiqd 10. 01..-cf /4-et-r 7 2 2 7 may/ cL/c� Pc) Z r! LI Z 0 Lo 2) A ti d /j /� M//J 7l1 � �— 7 co// OGSo7y 11. 12. (I 47 An----t / S 36( 4) t lei 0-r r --- f391274 To the Commissioners of the county of Weld: '.+e the undersigned, as residents of Colorado, to hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to be located at and known as the Ox Bow Club. The benefits of this one of a kind recreational experience and its ensuing economic vitality for residents of all ages, and including the handicapped, far out weigh any other considerations. Your unconditional support to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. r:a e Address City/Town � �— ___ 3C L--) (---K`VI A1,,_ Cs, . a, -S.it4H.$)S—<-3. tom( +rr-d---L / S f f //�L/1J C% tivf LotEv 2 0 S y r1_ c,7/i/7r LA_ij ae_O-6 7 kLLif c-j.y64" l � rcic Cl/LAj O. ,roil L'U/iiis �� ; ,7 ' trn L J lilg J�-1' & rO e 7 1 ,,4-4 )/(7C, yec (t2CMort3 10;4"-----;r7.1-724442-7 -- yc S, ,i � / � /<«, x.!lSc �d e�4�✓0 11. le iia-12 4691-7/i 12. art Sidir'flf /7/t} TaL141410 464;Ai CO 891274 Co the Commissioners of the county of Weld: the undersigned, as residents of Colorado, to hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to be located at and known as the Ox Bow Club. The benefits of this one of a kind recreational experience and its ensuing economic vitality for residents of all ages, and including the handicapped, far out weigh any other considerations. Your unconditional support to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. Name Address City/Town VI/tt It 4-)1CsItor+ P�-Lstt O- 1-f. Gza L V �s 3. Arica, (ice gia W o !Ul e e l ' ,C co ��^Q,c.d i�-,o< � ,z., � ( •. (4/ 81 ,2-- D r w of e , 1/4 ./14: X7 e5frea 3v<tl C'ChicsAipeoL 644 Alps 1" Sk_31)•-r'1/4 CAT\I:tr. // S7 .2-S 1 1- 0rerX t,54 J :rl /r/a ( a 11. XJ 1 id� .23l `l ,.6r///‘ �i',P FTLoI/1/2-5- Co 831274 To the Commissioners of the county of Weld: 'Je the undersigned, as residents of Colorado, to hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to he located at and known as the Ox Bow Club. The benefits of this one of a kind recreational experience and its ensuing economic vitality for residents of all ages, and including the handicapped, far out weigh any other considerations. Your unconditional support to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. Name Adress City/Town • Ism'* tc__. 611-111 p3% /II t-4i..,Lro �,itct.b ia�yr- /�4a PAX'hie 03/ / 7/9tel7 r/ 10itymeC n ` `rfl ( 2. / Cc ao"` 391s- l o f S v ��v Cv z r 3. Erie - G arzr 5. eria.Aaerk 4, ,,o8 E. 2.70. s3 6. 21Y,m•.,.,... A. GJcn-n%Y.44 w 3 V- 1V YS s ck L o vc-G n iv 3 e c G o , -S oS s F 7. , d a /s-,,,,/ /✓ iem/yam /3/ /� C�i. yO<6/ / I.)624,-CL rl�e4A/L- go`JKw02cc. pi. isvE-ARti�, Ca/v ,5.33 :G., ,....„d � � 367 %r� T �Q��G�s6,4, c:ae /1.�J� 1US� „'ae� ,o�3�11-ci / /v '�`� Coda %- _.5---12.47- 891274 Co the Commissioners of the county of Weld: '.:e the undersigned, as residents of Colorado, to hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to be located at and known as the Ox Bow Club. The benefits of this one of a kind recreational experience and its ensuing economic vitality for residents of all ages, and including the handicapped, far out weigh any other considerations. Your unconditional support to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. Name Address City/Town GYM iv3is Lbat 6a n?. mil. �Cc c_ '0SZG 2. A , 4 S7 v793. JF`]"3 dnei7 eQ Gr . 3. I 1) e a Ay S's-ti P1 col, t t--,S poi', `1 killUiell/P14-0-4-alaC /2-2 6 6' Cvor of 2-z LU ni c , Co va/cI 5. V 0,,,,_---3-_u.,,ace.etet_ 4-cl-n 0-1-eri -c. - 13 it-fri,,,Lt._ 6 eo2_ a 2- fr cc-tad; 6. �) 76-4/7 3.,sue, /�� 7.44 /-1)-7-5-# 1/1/N 3I+14 5 . H Li 63L/.33 ac. V/mom iJ4v......, iimiTerrytakeks, FT, Col /ins W ` °5tW eie -12.C Q.h ill) o 7y/4 Co,v Pull) %Vei a . 0o537 8S1274 T;) the Commissioners of the county of Weld: e the undersigned, as residents of Colorado, to hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to be located at and known as the Ox Bow Club. The benefits of this one of a kind recreational experience and its ensuing economic vitality for residents of all ages, and including the handicapped, far out weigh any other considerations. Your unconditional support to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. Ease /� Address City/Town �QS �� J,JnQ/v C�� !� O 4Q InCYa✓ w ! ��l(nt1 2.c_y t /002 (1/n14( «J d �^^ ��/ iX D 1 _tad.c.,_.,_ c /7 ,/. Co (/i NS 4. I ,f: t -tea I--; c<1... G j--:b PX 28i9v Secs-4; J'‘ "` toy3/ VV w ees w spa/z v • a 1SY 6. ph ,Lk se_gcQ 9t..9/440a► C6 ?o ii Q. 7�9S f/ to fa eff Z 77/? park: ga m/ /1 831: ?", To the Commissioners of the county of Weld: he the undersigned, as residents of Colorado, to hereby endorse and support the construction and operation of a shotgun sport shooting range and hunting club to he located at and known as the Ox Bow Club. The benefits of this one of a kind recreational experience and its ensuing economic vitality for residents of all ages, and including the handicapped, far out weigh any other considerations. Your unconditional suyrort to this effort will instill in us the guarantee that our Constitutional rights are being protected, while preserving a vital legacy inherent to the West. ':a:ae Address City/Town i . gle,„„hy wg"rny L__ ‘ ,(0 ,_,--, _ (De„,„,,,, c) ,02., 2.„,,,...„k. e 2c/2 „,,,, ,„ IlDprri, Ff. Co / IiIJc- 3.,J4✓ %/(*4 A,----- <,; 6 < -, k -71 � . Silt % ,// e^✓ jjh�e -J. )% 2N' Cr /C-r/on) O c, i5-7e, ),„,,,,/,; Jo 7 �) Y (s Pia-3 --) / 112_&0� - 7 7 w L 6. c /p 1 /9. t). A.,01:--- 7967 Fodyinpn 4e-.-i . q6 t. 371710 'QV) ,C24 , 13 k�--.C LL1ki S C . <6O 2 t 10` 2 �� 1 /6��. /v ' 6-411e7 f <i//) .nl 11. E 12. �t274 December 3 , 1989 Donnie Harbert Welid County Commissioner 915 10th Street - Room 342 Greeley , Colorado 80631 Dear Ms. Harbert : We are property owners residing at 13804 W.C. -Rd. 64, Treeley , Colorado, -80631 , which is North of a proposed Hunting and Trap -S-hooting Range. This is our formal objection to the special Review Permit far a shooting range and recreational hunting lodge in an Agricultural/Residential zone (Case Number 89-55 ). The existing hunting that is now occurring under current regulations is already a concern for the safety of human life , as well as the livestock belonging to the residents -throughout the neighborhood. We feel the .proposed Hunting and -Skeet , Trap Shoot facility will magnify -these concerns , making conditions extremely dangerous for all residents in the area surrounding the proposed recreational site. The noise emi-tted from shot guns (numbering as high _as 1800 shots an hour ) being fired from the location of the Trap , Skeet and Clay site located a little more than a -city block -directly south of our home , will be unbearable. The noise level will be much greater than (greater than allowed by -the city code ) and will continue for Langer periods of time than a large truck passing by on W.C. R-d. 14 as mentioned in the proposal. The owner/manager of the proposed facility mentions concern for the comfort of his patrons enjoying a few extra hours of sleep at the lodge -prior to the hunt . At the -same time there will be little or no concern for the few -extra hours of -sleep we permanent residents will be missing -because our normal environ- ment is being interrupted by their gun fire at -dawn. An _operation such as this serves A he financial interests of two owner/managers , and the hobbies of several individuals who do not live in our immediate area. It will cause a tremendous negative financial impact to thirty or more -perm- anent residences as _well as jeopardize our safety and increase the noise level . We feel the proposed facility is not compatible with the -existing environment and will depreciate the values of residences and farms in our area. We feel it i3 also in definite conflict _with the Boomerang Golf Lourse and may jeopardize the future development of the planned residential area near the Golf Course , as well as the proposed Poudre ?rail . After considering 411 of our concerns as residents of Weld County , we strongly request that you deny thi-s permit for all commercial hunting on this site. We thank you for your consideration in this matter. Sincerely Yours , AL Dal-e McKelvey /0 24 I 711 'kJ. cc/Weld County Commissioners Karen McK-elvey 891274 k,O19, I /\ . STATE OF COLORADO • lloy Romer, Governor REFER TO: DEPARTMENT OF NATURAL RESOURCES - DIVISION OF WILDLIFE • °voti° L G AN EQUAL OPPORTUNITY EMPLOYER Perry D.Olson, Director - • 3 w` 6060 Broadway Denver, Colorado 80216 OF Telephone: (303)297-1192 Larry Rogstad, District Wildlife Manager DEC 4 1989 No er 30, 1989 1528 28th avenue court Greeley, Colorado 80631 ph. 352-21113 --- Mr. Rod Allison, Principal Planner 1d Cu. I tf6" Bu�uaii3&iw Weld County Department of Planning 915 10th street Greeley, Colorado 80631 Dear Rod It has come to our attention that there is a proposal for a trap and skeet facility near the Cache La Poudre River between Weld County Roads 27 and 29. The proposal was submitted by Chris Elder and Tim Brough. The Division of Wildlife would like to comment on the potential impact this facility might have on the wildlife resource in this area. I am familiar with the river bottom, the wetlands and sloughs on and adjacent to the property in question. I have worked this area for over seven years. I have also consulted Mr. Don Bogart, Habitat Biologist for the D.O.W. northeast region, about this project, and he has also toured the property. This section of the river includes one of the best intact wetland and associated warm water sloughs to be found between Greeley and Fort Collins. This riparian area provides shelter and nesting cover for a variety of wildlife species including: waterfowl, shorebirds, passerine birds, upland game, and various £urbearers. The area also provides essential habitat for raptors, and mule and white-tail deer. The warm water area does not freeze in winter, and therefore provides a very im- portant off river resting area for well over 1,000 ducks during winter. In summary, this area is a key piece of wildlife habitat. The construction and operation of the proposed trap and skeet facility would, most likely, have a very serious negative impact to the wildlife species that rely on this riparian area. Increased human activity, and the noise resulting from the shooting (1800 rounds per hour estimated by Elder and Brough) would result in lower populations of nesting ducks, shorebirds, raptors and other species using the area. Deer would probably be forced to find other ways to traverse this section of the river. Deer living in this area may be forced onto adjacent farm land resulting in possible game damage problems for neighboring farmers. While the need for a facility of this type near Greeley is undisputed, the Divsion of Wildlife feelg that from a wildlife resource standpoint, this trap and skeet facility should be located elsewhere. Feel free to contact me with any questions you might have. Sincerely yours, Larry Rogstad DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, George VanDenBerg, Chairman • Robert L. Freidenberger, Vice Chairman • William R. Hegberg, Secretary Eldon W. Cooper, Member • Rebecca L. Frank, Member • Dennis Luttrell, Member • Gene B. Peterson, Member • Larry M. Wright. Member �,>,B); ��i 891274 �� December 2, 1989 _fir. R. A. 1131.j son c/c ,'e1d County Corn:issioners 915 - 10th Street Greeley, Colorado 80632 Dear Mr. Allison: Re: Docket No. 89-55 Chris & Amy Elder In reference to the above noted application for a proposed shooting range and hunting lodge, the applicants state that the clubhouse will be furnished with an adequate water supply by the Sharkstooth Pipeline Company. ks officers of Sharkstooth Pipeline Company, which is a non-profit -Colorado corporation, we wish to call to your attention that due to the size of our pipeline there is a somewhat limited amount of water available. This pipeline is set up for domestic use only and is limited to one household per tap. There is no provision for a com- mercial installation or usar-e, as the hunting lodge would be. These provisions and restrictions are contained in Article V, Section 6 of the by-laws of Shark's Tooth Pipeline Company, which was incorporated on December 10, 191. We trust this information will be considered in reviewing this case for denial. Very truly yours, SHARK'S TOOTH PIPELINE CUivIPANY Wilbert Firestien, President 1aKleen Feuerstein, Secretary kwf 891274 November 30, 1989 To the Board of County Commissioners - - 915 10th St. Greeley, Colorado 80631 C .W . Kirby, Chairman - Dear Mr. Kirby, e would like to register our formal disapprov-el of a hunting, skeet and trap range, that our neighbor Chris Elder is planning. Docket No . 89-55 We are property owners adjacent to the proposed site, our address is 30953 WCR 27 Greeley , Co . 80631 We have -lived here mince our marriage 37 years ago and my husband has lived here all his life . We feel this type of operation is NOT compatible with this community. The safety factor in this operation i- devastating, and we are doubt- ful as to whether Mr. Elder has arranged for all the necessary safety regulations required for an operation such as this . :a'-e are very much concerned about the noise f-actor since we have a small lambing operation as well as selling our winter pasture for pasturing cattle . The noise factor in such an operation is not good for humans or animal welfare or mental health. 4e are also concerned about the increased traffic, vandalism, trespassing, and dogs belonging to hunters . We do not feel we should have to give up our normal way of life to make some people from Denver happy„ ,they,they wouldn' t like to live near a shooting range tf it were put next to their property -in town . . It seems to us that Mr. Elder has gone about this plan in a very sec- retive way and has not told the whole truth, , , "a recreational facility including a guest farm and hunting lodge" does not give the whole picture of what he wants to do . This area -Is too heavily populated for such an operation, , ,let,let them go out to an area where the population is much less. We would also like to know what kind of screening will the members of this club be required to meet? Nothing has been said about no use of alcohol on the premisns, , ,guns and alcohol don' t mix This is a farming -community and farmers are in the fi-elds from March through November--what is to stop a. stray bullet from hitting one of them? This operation must be denied Please c-a,st your vote to deny this operation. Thank you for your consideration off' thus important mHtter. Sincerely , _ Q,e,j`W- Wilbert W. Firestien N. Ruth Fire-tier ce e') 89 1)74 • November 27, 1989 Mr. Gordon Lacy c/o Weld County Commissioners P.O. Sox 758 Greeley, Colorado 80632 Tear Gordon: Re: Docket No. 89-55 Chris & Amy Elder In reference to the above captioned case, please consider this our formal objection to granting approval of the Elders for a Special Review Permit. We are property owners and longtime residents at 13771 'JCR 61,, Greeley, Colorado, which is just across the road from this proposed facility. It is our understanding that you have received a transcript of the hearing held on October 17, 1989, before the Weld _County Planning Commission at which time this proposal was denied. We would like to reiterate some of our objections as follows: 1. Increased hazards to humans and livestock 2. Increased noise, particularly early mornings and weekends 3. Environmental impact--lead deposits in Cache le Poudre river 4. Incompatibility to surrounding land usage--agricultural, residential, and recreational (new city gold course) i5. Depreciation i.n values off' surrounding farms and residences In view of the hazards involved in this proposed operation, as well as the increased potential for loss of human life, we strongly urge that this request by the Elders be denied, which also supports the action taken by the Weld County Planninn Commission and the Dreeley City Council. We thank you for your consideration and cooperation for DENIAL. Sincerely yours, Clyde Feuerstein Cat Teen Feuerstein 891274 , J yn . _n1 . ! 1. . .11„- — t t ca ii; I 1: I..- ! . i . :. .1 7 : 1`, •11- , 1 : 1 _1 ! :I 1:. 71 -.?.al; , r : , , , - 1 lie i . I Ic n7:, _ .-'_ Ii1 , S91274 C7� (Z&' dare rn ,safe .mti#` 11.., lkc CE' 61i : LI 891271 0Zt, 43-x-0 tL4 thi-d€Q- /m1( l r sr,h2J2Lifx (.U.v. O1' 0tle&F �G<01-g4 , -41ca-Zary_ a-ge:�J rti — a dee day_ ear ,j St- . �, z-ittee.,4 ad dl agfired ad ((d_il2f (fur,' dazt 1 de ,fisiS4abiteizzel- Get_ -eh v eg j a a, �� /✓ fin-re-Axe-el ✓1 iv d46,y ��E%// .�' SccivJz aurth 4 . -� /� '' CticazDI 6t— -44t) dtee icit ittr/ei ` y��.Z„ e4 1 j .t't . 2t o� � estZac:6 Ala_ 714 ctly;,-tut (ki iCeu � -X91271 lY�� 2 t5i7 ///mil 'f�'�In(`/�,fir/Cz G�z .e,,,, dcatteid, 1/77 -ir of//c__c AiikerVa Ct_ x 2 —4.'4_1-, Jam ' . `L& e '# r r.%'_'t-. athd au �. �- it g� -0112 ` � . Z tiY%/ ZC f t 1:-7(-€ - i reze 0 Eet 6Lit,--/- -ler. / 1.I-at- 74-- 'Le& / i'i . .emu zo�� /a , Zei air-et i 'Liz fd , a/GfvzL. a _ , _ 3, /2 Cc. -7� ,, uJ f �i✓ . zux41 6x0.4,,a a_h- 147`7 Of� 71ry �1 L `aCAL , cut.ci Jtvpt(i(i fi C9 7. 2 aw �� //SG a� Y) 12z42(2_- Lzo S Q Jaw- , �'a+citaye -Mau?`ate �� 1s et e) fieta-Q 4_44QA1 it_ Aar 24 ,At-d el- y idd) ode (Livit'Az 4- ace tM— c „ heeS9, 821274 ,C r _ 1 .....r ( r /. t z <<�_ "717/L} "1'Lf ni = -vZ�' �_ /"x `Tsi.. /d; t C;. 4 o-c- L C (z-'i 'f Cl. _./�� _a. i LX/1/8!f < 8312 1 . ice. . , i /1/i' , ✓ % 891274 077 315..n c\v/l, N0V ) 6 1989 FARM LEASE AGREEMENT 7741 day i� THjS, . ENT made on this of T , 1942, tld Co. Kama Imo 9,6 etween C&M COMPANIES (herein called "Landowner" ) and TIMOTHY R. BROUGH and CHRIS D. ELDER (hereinafter collectively called "Leasee" ) . • WIINESSETH: Landowner and Leasee mutually covenant and agree as. follows: 1. Lease Properties Leasee shall lease the following property of Landowner situated in Weld County, Colorado (herein called the "Premises" ) : All that part of the North Half (N 1/2) and the North Half of the South Half (N 1/2 of the S 1/2) of Section 32 , Township 6 North, Range 66 West of the 6th Principal Meridian, lying North of the Cache La Poudre River and West of the following described line: Commencing at the Northeast corner of said Section 32 and considering the North line of said Section 32 to bear North 90°00 ' 00" West and with all other bearings described herein being relative thereto; Thence North 90°00 ' 00" West along the North line said Section 32, a distance of 1, 918.10 feet to the True Point of Beginning; Thence South 00°45 ' 07" East, 1,140.00 feet; more or less to the existing center of the Cache La Poudre River and the terminus of the line, 236 acres more or less, EXCEPT that parcel of land as conveyed to Roxena Von Trotha by Warranty Deed dated November 18, 1965 and recorded November 24, 1965 in Book 554 at Reception No. 1476288 , Weld County Records, EXCEPT that parcel of land as conveyed to D and E Investment Company by Quit Claim Deed dated November 27 , 1974 and recorded November 29, 1974 in Book 727 at Reception No. 1649367, Weld County Records, Together with 30 shares of the Jones Ditch Company and 5 shares of the Whitney Ditch Company; and together with all its appurtenances and warrant the title to the same. 891274 i for a term of five ( 5) years, four (4) months, commencing on January 1, 1990 and ending on April 30, 1995. The above said property will include the existing farm house and steel storage shed. 2. Rent Leasee shall pay Landowner for its rights to lease, occupy and use of the premises a rental as follows: Period Annual Rent January 1, 1990 - December 31, 1990 $ 23,000 January 1, 1991 - December 31, 1991 $ 24,000 January 1, 1992 - December 31, 1992 $ 25,000 January 1, 1993 - December 31, 1993 $ 26,000 January 1, 1994 - December 31, 1994 $ 27, 000 January 1, 1995 - April 30, 1995 $ 9, 333 Said rental shall be paid in installment payments in the amount of 25% of the annual rent payable on each January 1st, April 1st, July 1st and October 1st of each year commencing January 1, 1990 . The installment payments for 1995 shall be $7 , 000 due on January 1, 1995 and $2,333 due on April 1, 1995 . Should Landowner or Leasee decide not to renew this lease, rental for the four ( 4) month period, January 1, 1995 to April 30, 1995, shall be $6,000 payable on March 1, 1995. During this four ( 4 ) month period Leasee shall allow reasonable access by Landowner or a third party who will farm the Premises during the 1995 crop season. The purpose of this four ( 4) month period is to allow Leasee to complete their hunting season; therefore all activities necessary for farming during the 1995 crop season be done through Leasee consent which shall not be unreasonably denied. Leasee shall not be entitled to receive any farming revenue from the 1995 crop season. 3 . Agriculture Activities Leasee shall contract with and supervise the third party who will farm the irrigated portion of the Premises during the term hereof . -2- 891274 Except as herein provided, leasee shall be responsible for and pay all sums required to be paid by the landlord under any such arrangement and shall be entitled to receive all revenues accruing to the landlord under such agriculture activities. Leasee shall supervise such agriculture activities to insure that such activities are conducted in such a manner as to preserve the fertility of the irrigated area and otherwise in a manner consistent with proper farm management. Proper methods of weed control will be used keeping the farm, at all times, in compliance with all governmental regulations and guidelines, all at Leasee ' s expense. 4 . Commercial Wildlife Park & Fish Rearing Operations Leasee will operate a commercial wildlife park and a fish rearing operation in accordance with the laws and regulations of the State of Colorado. Leasee will abide by all laws and regulations of all governments of appropriate jurisdictions regarding the operations of a commercial wildlife park and a fish rearing facility. 5. Lease Improvements (a) Leasee intends to construct concrete raceways (ditches) for the purpose of holding and rearing fish. The number and size of said raceways will be and respectively, unless otherwise agreed upon by both parties prior to construction. The location of these raceways is to be agreed upon by both parties prior to construction. These raceways will make use of the Storm Lake Drain water which flows through the Premises to the Cache La Poudre River . (b) Leasee intends to construct above ground and/or below ground blinds for the purpose of hunting. (c) Leasee may have need to make other minor improvements to the Premises during the term of the agreement. All such improvements require the prior written consent of the Landowner, which shall not be unreasonably denied. All -3- 891274 costs and obligations of any improvements, including but not limited to those above, are to be that of the Leasee unless otherwise agreed upon in writing by both parties. 6 . Additional Obligations of Leasee (a) Leasee shall pay all costs incurred in the maintenance of the irrigation system, including repair and clearing of irrigation canals and irrigation pumps, and electrical and other charges for the operating irrigation pumps. (b) Leasee shall pay as additional rent, before delinquency all charges for utilities, including electricity and water, except as otherwise provided in paragraph 7(a) below. (c) Leasee shall pay costs associated with the operation of the Commercial Wildlife Park and Fish Rearing Facilities. (d) Leasee shall maintain adequate liability insurance in connection with all activities on the premises and will name the Landowner as co-insured, including: ( i ) workmen' s compensation and employer ' s liability insurance as may be required by the laws and regulations of the State of Colorado; ( ii ) general public liability insurance in an amount not less than $500,000, bodily injury and property damage combined; ( iii ) automobile liability and property damage insurance in amounts of $100,000 for injury to one person, $300,000 for injury in any one accident and $25,000 for property damage. Such insurance shall be with a company or companies satisfactory to Landowner and contain terms and provisions acceptable to Landowner . Leasee shall submit proof of such coverage to Landowner from time to time as may be required by Landowner . All policies of insurance required shall additionally provide that the same may not be cancelled without at least ten days prior written notice to Landowner -4- 831274 and that any losses shall be payable notwithstanding any act of negligence of the Leasee which might otherwise result in forfeiture of said insurance. 7 . Landowner ' s Obligations (a) Landowner shall pay all property taxes and irrigation water assessments against the premises. (b) Landowner will maintain insurance coverage on the existing structures. 8. Removal of Fixtures On termination of this agreement, Leasee, at Leasee' s sole cost, shall within thirty days from termination remove all improvements placed on the premises by Leasee and restore the premises to their original condition. 9 . Mechanic' s Liens (a) Landowner shall not under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished to the Premises by Leasee. All such work shall be at Leasee' s expense and Leasee shall be solely and wholly responsible to all contractors, laborers and materialmen furnishing labor and material to the Premises. Nothing herein shall authorize 1,easee to charge the Premises or any interest of Landowner therein or this agreement with any mechanic' s, materialman' s or other statutory liens . On the contrary, the right and power to charge any lien or encumbrance of any kind against Landowner or the Premises is hereby expressly denied. (b) If because of any act or omission of Leasee, any mechanic ' s, materialman ' s or other lien or claim for the payment of money shall be filed against the Premises or against Landowner (whether or not such lien or order is valid or enforceable) Leasee shall , at Leasee ' s own cost and expense, cause the same to be cancelled and discharged of -5- 821274 record or shall deliver to Landowner a bond containing provisions satisfactory to Landowner issued by a surety company reasonably acceptable to Landowner guaranteeing the removal thereof within ten days after the date of filing of such lien, and further shall indemnify and hold harmless Landowner from and against any and all costs, expenses, -claims or damages, including reasonable counsel fees, resulting therefrom. 10. Indemnification teasee will indemnify and hold Landowner harmless from and against any and all claims, suits, actions, demands, damages, costs and expenses arising during or alter the term hereof, for personal injury, loss of life, damage to property, or any other 'damage, injury, or equitable or injunctive relief sought by any third party, arising from or in connection with the conduct or management of the business or other activities conducted by the Leasee on or about the Premises, or from any breach or default on the part of the Leasee in the performance of any covenant or agreement on the part of Leasee to be performed pursuant to the terms of this agreement , or from any negligence of Leasee' s employees and invitees, and from and against all costs, counsel fees, expenses and liabilities incurred in defending any such claims , the investigation thereof or the defense of any action or proceeding brought thereon, and from and against any judgments, orders, and decrees resulted therefrom, and any fines levied by any authority by virtue of any law, regulation or ordinance by virtue of the Leasee ' s use of the premises. The obligation to indemnify shall include the payment of Landowner ' s attorney ' s fees incurred in connection with enforcing the obligation to indemnify. 11 . Nonliability for Landowner Landowner shall not be responsible or liable for any defect, latent or patent, in the Premises or for any personal injury or damage to s.easee or any other person unless such injury or damage -0- 891274 shall be caused ty Landowner ' s deliberate failure to exercise reasonable care to protect against dangers which are not ordinarily present on property of the type involved and of which the landowner actually knew. 12. Holding Over All property not removed within 90 days of termination thereof shall be conclusively deemed to have been abandoned and may be appropriated, sold, destroyed or otherwise disposed of by Landowner -without notice to the Leasee. No holding over by Leasee, however long continued, shall operate to _renew or extend this agreement without Landowner ' s written consent. If Leasee shall remain in possession after the -expiration of this agreement without a written agreement, Leasee shall become a leasee from year to year and all provisions of this lease shall be binding upon leasee, except that the tenancy shall be terminable upon 60 _lays prior written notice from Landowner and except that the annual rental shall be 130,000 each year Leasee remains in possession. 13 . -Notices All notices, demands and communications hereunder shall be served or given by registered mail and if intended for Landowner shall be addressed to Landowner, c/o David Nystrom and Pat Groff, 791-6 Niwot Road, P.O. Box 490, Niwot, Colorado 80544-0490, and if intended for Leasee shall be addressed to Leasee, c/o Tim Brough or Chris Elder , 6255 Weld County Road 74, Windsor, Colorado 80550, or to such other addresses as may from time to time be requested by Landowner or leasee in writing. Any notices given hereunder by mail shall be deemed delivered -when deposited in a United States general or branch post office, registered and enclosed in a prepaid wrapper addressed as above provided. 14 . Required Permits and Conditional Right of Water Use (a) Leasee will apply for a permit to operate a commercial wildlife park, and for a Conditional Right of Use on the -7— 891274 1 Storm lake Drain Water . The water use applied for will -be a nan-consumptive surface use called freshening flow for aquaculture. (b) Leasee will initiate proceedings for the above said permit and right of use. Should Leasee be unable to secure either o= both of these, Leasee reserves the right to cancel or xe-negotiate this agreement on or before December 31, x989 . 15. Assignment This agreement may only be assigned by Leasee to Leasee 's commercial hunting operations, commercial fishery operations, or any other operation owned and managed by Leasee. This agreement cannot be assigned by Leasee, in whole or part, without the prior written consent of Landowner to any other parties except as mentioned above. 16 . Conditional Option to -Renew Agreement Leasee may renew this agreement at a negotiated price for an additional term of one ( 1 ) year beginning on the -day following the expiration of this lease, by notifying the Landowner and receiving Landowner 's written approval for renewal _of the agreement no earlier than six (6) months prior to, and no less than two ( 2 ) months prior to the end of this agreement. 17 . -Right to Mine Landowner reserves the right and privilege to conduct mining operations on the property at any time and in any location on the Premises. In the event that the Landowner desires to conduct mining operations, it shall provide -written notice to _Leasee at least 30 days prior to the commencement of mining. In the event that the Landowner exercises its right to mine before the expiration of this lease, then this agreement shall terminate nn the 91st day following the written notice. However, if the Landowner elects to commence mining operations between September 1st and April 3Dth of any year , then this agreement shall -8- 831274 1 terminate on the later of (a) the 91st day following the written notice, or (b) May 31st following the commencement of mining. Leasee shall vacate the premises prior to the date of termination of this agreement . Additionally, Leasee shall pay to the Landowner rental through the date of termination at the rate of one-twelfth of the then applicable annual rental times the number of months in the calendar year prior to the date of termination. 1-8. Right to Sell Landowner reserves the right and privilege to sell the -Premises at any time and without prior notification to the :Leasee. In the event Landowner sells its interest in the Premises at any time during the term of this lease, the purchaser shall have 60 days following the transfer of title within -which time the purchaser may terminate this agreement by giving written notice to the Leasee. If this lease is not terminated within that time period, this agreement shall remain in full force and effect and be -binding upon the purchaser as a successor in interest to the Landowner . If the agreement is terminated, the effective date of termination is the 91st day following the giving of the written notice of termination. The Leasee shall vacate the Premises prior to termination of the agreement . 19. Estoppel Certificates Leasee agrees from time to time to execute estoppel certificates or letters (certificates or letters setting forth the presence or absence of any default under the lease) , and such other documents as may be reasonably required by any lender to Landowner or any prospective purchaser of the premises to reflect the status and terms of this agreement. 20 . Hazardous Waste Materials Leasee agrees not to, or to permit any other person to, -dump, release, -bury, incinerate, deposit, discard or otherwise dispose of any hazardous material or substance on the Premises. Leasee agrees not to permit any third person, excepting an =9- @91274 agricultural tenant, to dump, release, bury, deposit, discard, incinerate, or otherwise dispose of any waste material, hazardous or otherwise, on the Premises. Leasee further agrees to pay any and all costs and expenses associated with the clean-up of any hazardous or waste material deposited on the Premises during the term of this agreement. 21 . Eminent Domain In the event that the entire Premises shall be taken under any condemnation or eminent domain proceeding, or conveyed under threat of condemnation or eminent domain proceedings, or in the event any portion of the Premises untaken or uncondemned after such proceedings or conveyance shall not be suitable or adequate for the uses and purposes for which the entire Premises then are being utilized by Leasee, this agreement shall terminate as of the date of vesting of title of the Premises pursuant to such proceeding or conveyance. Upon such termination, all parties hereto shall be released from any further rights and duties except those rights and duties having accrued to the date of termination. In the event that a portion of the Premises shall be taken under any condemnation or eminent -domain proceedings or conveyed under threat thereof, and if the remaining portion of the Premises not so taken, condemned or conveyed shall, in the reasonable judgment of the Leasee, be suitable and adequate for the uses and purposes for which the entire Premises were then being used by the Leasee, then this agreement shall remain in full force and effect as to such zemaining portion, except that from and after the date upon which the Leasee shall be required to surrender possession of the portion of the Premises so taken, condemned or conveyed, the Leasee shall be entitled to a pro rata equitable reduction in the annual rental payable. In the event of any such taking, condemnation or conveyance, the entire amount shall be awarded to the then mortgagee or holder or any deed of trust on the Premises insofar as necessary -10- 8S1274 to completely discharge the lien of such mortgage or deed of trust, and the excess, if any, shall be paid to Landowner, except that Leasee shall have the right to receive those portions of the -award (a) which are attributed to Leasee ' s leasehold interest, (b) which are made for damage to, or condemnation of, moveable fixtures, equipment, and furnishings owned by Leasee, or (c) which are necessary to pay the costs of restoring any structure pursuant to this agreement. 22 . Breach of Agreement If any one or more of the following events ( "event of _default" ) shall occur : (a) If Leasee fails to perform any obligation required under the terms of this agreement and such failure continues for 30 days -after written notice thereof by Landowner to Leasee; (b) If Leasee shall vacate -or abandon the premises other than upon termination of this agreement; (c) If Leasee shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent or if Leasee shall seek or consent to or acquiesce in the appointment of any trustee, receivor or liquidator of Leasee or of all or any substantial part of its properties or of the Premises, or shall make any general assignment for the benefit of creditors; or (_d) if a petition shall be filed against Leasee seeking any reorganization, arrangement, composition, re-adjustment , liquidation, dissolution or similar relief under any present or future federal, state or _other statute, law or regulation, and shall remain undismissed for an aggregate of 120 days or if any trustee, receivor or liquidator of Leasee or of all or any substantial part of its properties or of the Premises shall be appointed -without the -consent or acquiescence of Leasee and such appointment shall remain unvacated for an aggregate of 120 _days; -11- 831274 I then Landowner shall have the option to: (e) Without obligation to seek a new tenant, to institute suit against Leasee to collect each installment of rent or other sum as it becomes due or to enforce any other obligation under this agreement even though the Premises be left vacant; or ( f) To re-enter -and take possession of the Premises and all personal property therein and to remove Lea-see and Leasee's agents and employees therefrom, -and either : ( i) terminate this agreement and sue Leasee for damages for breach of the obligations of Leasee to Landowner under this agreement; or ( ii) without terminating this agreement, rel.-et, assign or sublet the Premises -and personal property as the agent and for the account of Leasee in the name of Landowner or otherwise, upon the best terms and conditions Landowner may make with the new Leasee for such term or terms (which may be greater or less than the period which woul-d otherwise have constituted the balance of the term of this agreement) and on such conditions as landowner may deem best, may determine an-d may collect any rent due upon any such reletting. In this event, the cents received on any such reletting shall be applied first to the expenses of reletting and collecting, including, without limitation, all repossession costs, reasonable -attorney' s fees, and any real estate -commission pai4, alteration costs and expenses of preparing said Premises for teletting, and thereafter toward payment of the rental and of any other amounts payable -by Leasee to Landowner . If the sum realized shall not be sufficient to pay such rent and other charges, ;within five 'lays after 'demand Lea-see will pay to Landowner any such deficiency as it accrues. Landowner may sue therefore as each deficiency shall arise if Leasee shall fail to pay such deficiency within the time limited. -12- 891274 In the event Landowner elects -to re-enter or take possession of the -?remises, Leasee shall vacate, acquit and peaceably surrender the -Premises to -Landowner within 6D days following the giving of a written notice to vacate, and Landowner may ent-er upon and re- enter the Premises and -possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may dispossess and remove Lease-e and -nay have, hold and enjoy the Premises and the right to receive all rental income of and from the same. No such re-entry or taking bf possession by Landowner shall be _construed as an -election on Landowner 's part to terminate or surren-der this agreement unless a written notice of such intention is served upon Leasee. The enumeration of the foregoing remedies does not exclude any other remedy, but all remedies are cumulative and shall be in addition to -every other remedy now or hereafter existing at law or in equity. 23 . Termination In the event of termination, expiration, or event of ide-fault of this agreement, paragraphs 8, S, 10, 20 and 22 of this agreement shall remain in full force and effect and constitute continuing obligations of the L-eas-ee for the -benefit of Landowner . 24 . Miscellaneous (a) This agreement contains the -en-tire agreement -between the parties and shall not -be modified in any manner except by an instrument in writing executed by the party to be charged therewith. (b) The headings are inserted only as a matter of convenience and in no way define, limit or describe the scope or intent of this . agreement or in any way -affect the interpretation hereof. -13- n.„ '? (c) The terms, covenants and conditions contained in this agreement shall bind and inure to the benefit of the Landowner and Leasee and thei-r respective successors and assigns. However , no assignment by Lessee in violation of the provisions of this agr-eement shall vest any rights iT the assignee. IN WITNESS WHEREOF, Landowner and _Leasee have duly executed this agreement to be effective as of the day and yea-r first above written. LANDOWNER: i � �Pi &Mt COMPANIESES LEASEE: jar' TIMOT R. BROUG S © . Ok CHRIS D. ELDER -14- Br 1271 HUNTING RIGHTS LEASE AGREEME-NT THIS AGREEME-NT made on this 7,�/ day of %AcCc7 19 ,g7 , between C&M COMPANIES (herein coll-ectively called "Lessor" ) and TIMOTHY R. BROUGH and CHRIS D. ELDER, who have residences -in Windsor, _Colorado (herein called "Lessee") . WITNESSETH: WHEREAS , Lessor holds title to the following descrihed lands in Weld County, Colorado. All that part of -the North Half (N 1/2) and the North Half of the South Half (N 1/2 of the S 1/2) of Section 32, Township -6 North, Range 66 West of the B th -Prin-cipal Meridian, lying North of the Cache _La Poudre -River and West of -the following described line: Commencing at the Northeast corner of said Section 32 and considering t-he North line of sail' Section 32 to bear North 90° 00 ' 00" West and with all other bearings described herein being relative thereto; Thence North 90° 0-0'_00" West along the North line said Section 32 , a distance of 1, 918. 16 feet to the True Point of Beginning; Thence South 00° 45 '-07" East, 1 , 1-4-0. 00 feet ; more or lass -to the existing center of the Cache La Poudre River and the terminus of the line, 236 acres more or less, EXC-EPT that parcel of land as conveyed to Roxena Von Trotha by Warranty Deed dated November 18, 1965 and recorded November 24, 19-65 in Book 554 at Reception No. 1476288, -Weld County Records, EXCEPT that parcel of land as conveyed to D and E -Investment Company by Quit Claim _Deed dated November 27 , 1914 and recorded Nov-ember 29, 1914 in Book 727 at -Reception No. 16493B7, Weld County Records, Together with 30 shares of the Jones Ditch Company and 5 shares of the -Whitney Di-tch Company; and together with all its appurtenances and warrant the title to the same. WHEREAS, Lessee is desirous of leasing the above des-cribed property for the exclusive purpose of hunting in accordance with the provisions of this agreement : 1 89127' t+-ire;,-G NOW, THEREFORE, in accordance with the mutual covenants herein -containe-d, the parties agree as follows: 1 . Hunting Rights Lessee shall have the exclusive right to control -the hunting of all non-domesticated -wildlife, the stocking and hunting of all pen-reared game birds , and all activities related to the proper management of such hunting. Consistent ther-ewith, Lessee shall have the right to construct or install such tlinds or other facilities as he shall deem appropriate or convenient to enable Lessee to carry out such activities. _However, all activities carried out by _Lessee shall be conducted, and all facilities installed by Lessee shall be constructed and situated so that -the same shall not interfere with current farming activities -on the property. -Further, Lessee shall remove all facilities installed by them on -the property upon termination of this agreement and return any disturbed premises to their former condition. 2 . Fee As consideration for the rights _granted to Lessee hereunder, they shall pay the Lessor a fee of $1 , 500. 00 payable on August 1 , 1989. 3. Term The term of this lease agreement shall be from the above date of signing of this agreement to December 31, 1929. The use of this property during the period from the signing to August 31 , 198-9 shall be -solely for the purpose of preparing the farm for hunting, which will begin September 1 , 1989. 4. Assignment This agreement may only be assigned by Lessee to the Lessees' commercial hunting operations; these -hunting operations must be owned and -managed ty the Lessee. Tins agreement cannot 2 C3/1.274 be assigned by Les-see, in whole -or in part , without prior written consent of Lessor, to any otter parties except as mentioned above. 5. Additional Obligations of Leasee (a) Leasee shall pay all costs incurred in -the maintenance of the irrigation system, including repair and clearing of irrigation canal-s and irrigation pumps, and Electrical and other charges for the _operating irrigation pumps . (b) Leasee shall _pay as additional rent , before delinquency all _charges for utilities , including electricity and -water, except as otherwise provided in paragraph 7(a) of the Farm Lease Agreement . (c) Leasee shall pay costs associated with the operation of the Commercial -Wildlife Park and Fish Rearing Facilities. (d) _Lessee shall maintain adequate liability insurance in connection -with all activities on t-he premises and will name the Landowner as co-insured, including: ( i) w_or-kmen' s compens-ation and employee' s liability insurance as _may be required by the laws and regulations of the State of Colorado; (ii) general public liability insurance in the amount not less than $500, 000 bodily i-njury and property damage combined; (iii) automobile liability and property _damage insurance in amounts -0f $100 ,001) for injury to one person, $300,000 for injury in any -one accident and $25 , 000 for property damage. Such insurance shall be with a company or companies satisfactory to Land-owner and contain terms and provisions acceptable -to Landowner. Leasee shall submit proof of such coverage to Landowner from time to time as may be required by Landowner. All policies of insurance -required shall additionally provide -that the same may not be cancelled 3 631274 without at least ten days prior written notice to _Landowner and that any losses shall -be payable not-withstanding any act of negligence of the Leasee which night otherwise result in forfeiture of said insurance. 6. this leas-e is to be subject to the rights and cairdition-s of a farming lease dated March 1 , 19B9 between C&M Companies and Jon D. -Bostron. Any and all hunting activities -must be properly approved in writing by Mr. Bostron prior to their commencement . 7 . -Removal of Fixtures On t-er-mination of -this agreement, _Leasee, at Leasee's sole cost , shall within thirty days from termination remove all improvements pia-ced XIII the premises by Leasee and restore the premises to their original condition. B. Mechanic's Li-ens (a) Landowner shall not under any circumstances be liable for the payment -of any exp-ense incurred or for the value of any work done -or -material furnished to the Premises by Leas-ee. All such -work shall be at Leasee's expense and Leasee shall be solely and wholly responsible to all contractors , laborers and materialmen furnishing labor and material to the Premises . Nothing herein shall authorize Leasee to charge the -Premises or any interest of Landowner therein or this agr-eement with any mechanic' s , materialman's or other statutory liens . On the contrary, the right and power to charge any lien or encumbrance of any kind against Landowners or the £remises is hereby e4cpressly denied. (b) If because of any act or omission of Leasee, -any mechanic' s , materialman's or other lien or order for the payment of money shall be filed against the Premises or 4 83 e94 valid or enforceable) Zeasee stall, at Leasee'-s own cost and expense, cause the same -to be cancelled and discharged of record or shall deliver to Landowner a bond _containing provisions satisfactory to Landowner issued by a surety company seasonably acceptable to Landowner guaranteeing the rem-oval thereof -within t-en days after the -date of filing of such lien, and further shall indemnify and holdtarmless Landowner from and against any and all costs, expenses, claims or damages , including reasonable _counsel _fees, resulting therefrom. 9. Indemnific-ation Leas-ee will indemnify and told Landowner harmless from and against any and all claims , suits, actions , demands , damages , costs and expenses arising during or after the -term hereof, for personal injury, loss of life, damage to property, or any other damage, injury, or equitable or injunctive relief sought by any third party, arising from or in connection -with the conduct or management of the business or other activities conducted by the Leasee on or about the Premises , or from any breach or default on the part of the Leasee in the performance of any covenant or • agreement on the part of Leas-ec to is performed pursuant to the terms of this agreement , or from any negligence of Leasee' s employees and invitees , and from and against all costs, counsel fees , expenses and liabilities incurred in defending any such claims, the investigation thereof or the defense of any action or proceeding brought thereon, and from and against any judgments, orders , and decrees resulted therefrom, and any fines le'vied 'by any -authority by virtue of any law, regulation or ordinance by virtue of the Leasee' s use of the premises . The obligation to indemnify shall include the payment of Landowner' s attorney' s fees incurred in connection with enforcing the obligation to indemnify. 5 621.271 10 . Nonliability for Landowners Landowner shall not be responsible or liable for any defect, latent or patent , in the Premises or for any personal injury or damage to Leasee or any other person unless such injury or damage shall be caused by Landowner' s deliberate failure to exercise reasonable care to protect against dangers which are not ordinarily present on property of the type involved and of which the Landowner actually knew. 11 . Hazardous Waste Materials Leasee agrees not to, or to permit any other person to, dump, release, bury, incinerate, deposit , discard or otherwise dispose of any hazardous material or substance on the Premises . Leasee agrees not to permit any third person, excepting an agricultural tenant , to dump, release, bury, deposit, discard, incinerate, or otherwise dispose of any waste material, hazardous or otherwise, on the Premises . Leasee further agrees to pay any and all costs and expenses associated with the clean-up of any hazardous or waste material deposited on the Premises during the term of this agreement . 12 . Miscellaneous It is the intent of _Lessee to continue this hunting right lease through a Farm Lease Agreement which shall commence on January 1 , 1990 . The provisions hereunder shall be binding upon and shall inure to the benefit of the heirs , successor and assignees of the parties. The captions are intended for convenient reference and shall in no way affect the meaning of the provisions hereof. 6 r'g- ,7 ' IN WITNESS WHEREOF t e parties have ex rcised this lease agreement as of this /9 I day of / G(tf--e'Cr- 19 J'7 . By 4414 TI ROUG C IS EL ER i f 7 n31.271 DATE: November 20, 1989 TD: 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 -6th slay of December, 19B9 , at 10 :00 A.M. Docket No. 89-55 - Site Specific Development P1-an and Special Review Permit for a recreational facility including a shooting range, hunting lodge, and guest farm located in the A (Agricultural) Zone District - Chris and Amy Elder Docket No. 89-56 - Fee schedules for building, plumbing, mechanical , and manufactured home permits Docket No. S9-57 - Fee schedule for land-use permit applications OFFICE OF THE CLE�K TO THE BOARD BY: n! /' i�) Deputy The -above mentioned hearing date and hearing time maybe scheduled on the agenda as stated above. BOARD DF COUNTY COMMISSIONERS WELD COUNTY, COLORADO f-17A ./t/I-4* " .7 7100 Arbutus Arvada, CO 80005 November 1, 1989 Mr. -Gordon Lacy P.O. Box 75-8 Greeley, CO 80632 Dear -Mr. Lacy: Consider this a _formal objection to the granting of a special permit for a shooting range and t--creational hunting lodge in an agricultural, residential zone. We are property owners directly adjacent to the -proposed site. Our property is currently used for crop production, however, the intended future use of the property is s-sidential development. We concur with our neighbors that this shooting sange is not compatibl-e with family living because of the _inevitable noise and risk of accident. The long range revenue consequences of -discouraging residential development in this area should be of-major tonoern to Weld County. lie urge you to deny this permit end all commercial hunting at thi ocation. • S n rely, � 1 r9 Gar• Pe � sen tOblihKathryn Pet /Exit/.H/Ti 77 . ! - 8S1274 I i ' CITY OF GREELEY, COLORADO RESOLUTION NO. 34, 1989 WHEREAS, Weld County has received a _request known as USR-892 to grant a Use by Special Review for a recreational facility including a guest farm, hunting lodge and shooting range at a site described as part of the NI1/2 of Section 32, T-N, R66W of the 6th P.M. , Weld County, Colorado which is Located approximately one-half mile northwest of existing City of Greeley corporate limits; and WHEREAS, the applicant far the proposed use indicates the "Shooting Preserve" will involve the hunting of released birds normally from September 1st through March 3Dth of each year and the shooting of sporting clays and trap and skeet year round; and WHEREAS, the normal maximum number of hunters using this area for the hunting of released birds will Le 15 persons at any time with the normal maximum number of shooters for the shooting clays and trap and skeet being 25 persons at any time with more individuals present for special. -hunt or shooting activities; and WHEREAS, the noise -associated with this use will consist of irregular and occasional shotgun fire with as many as 225 rounds per hour fired associated with hunting activities and as many as 2 , 500 rounds per hour fired as part of the shooting range activities; and WHEREAS, the portion of -the corporate limits -closest to the proposed Shooting Preserve includes City owned property on which a new public golf course is being developed; and WHEREAS, it is reasonable to assume that additional residential, recreational or commercial development will occur adjacent to the proposed 'golf course; and WHEREAS, noise from the Shooting Preserve is clearly audible on the proximate municipally owned land; and WHEREAS, the establishment of a proposed Shooting preserve is -held by the Greeley City Council to be a significantly incompatible use in such close proximity to a public facility and an urbanizing area in that substantial noise and perceived safety concerns are likely to be experienced. 891274 x't/Rij NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: That objection be voiced to the County Commissioners of Weld County, Colorado of the said proposed Shooting Preserve as that use is not compatible with the surrounding lands -as they presently exist or as they are proposed to be used in the future. PASSED AND ADOPTED, SIGNED AND APPROVED THIS 17TH DAY OF OCTOBER, 1989 . ATTEST: THE CITY OF GREELEY, COLORADO 1)210-1 L City Clerk Mayor 89127j f to(fir 440414#r - OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000,TXT. 4200 ' - - P.O. BOX 758 GREELEY.-COLORADO 80632 1111 illie COLORADO October 23, 1989 Chris -& -Any Elder 13644 Wild County Road 64 Greeley, Colorado 80631 Dear Mr. & Mrs. Elder: Your application for a Site Specific Development Plan and Special -Review Permit for a recreational facility including a shooting range, hunting lodge, and guest farm located in the A (Agricultural) Zone -District -has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of -the N} o₹ Section 32, Township 6 North, Range 66 West of she 6th P.M. , Weld County, Colorado. If you wish to le heard -by the -Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. -Regular hearing procedures will then be followed. - -his includes publishing a Notice of -Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by November 9, 1989. If we are not in receipt of your request by that date, the matter will be -considered Closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO .�C� CHAIRMAN *teem • I wish to have a hearing on this matter brought bafor-e the -Board of County Commissioners. I agr-ee to pay for the legal advertising expense y'l . --2 ' i Cr 8912'z I P 1]]-4 4_54 6-90 CHRIS & AMY ELDER 13644 WELD COUNTY ROAD 64 GREELEY, CO 80631 • to li m � t pI,,Irnirk o; Ihtlr /44t 50r a The•SENDER: Complete items 1��s�a4�nG�dV222 when additional services are desired, and complete Items 3 and 4. Put your address In the "RETURN TA" Spate on the reverse side. Failure to do this will prevent this card from]being returned to you. Thef return receipt fee yrllLprovlcie you the name of the person 'Slivered to the date of delivery. Formddltional fees the following services ere available.Consult postmaster torten end check boxes)for additional service(s)requested, 1. O how to whom delivered,date,and addressee's address. 2. O Restricted Delivery • 1/Extra charge)1 t(Extra charge ft 3.-Article Addressed to: -4. Article Numb. Oy X9O CHRIS & AMY ELDER Typeo Moe: 13644 WELD COUNTY ROAD 64 td ❑ Inwred CertIfied ified ❑ COD GREELEY, CO 80631 i Express Mail Always_obtaln signature of addressee __ - -. 4 or agent and DATE DELIVERED. S. Sign e A 8.addressee's a Address i )(O if X requested and fee paid/ 6. Signature—Age Sit; X 7. Date of DMMry NOV - 9 is PS Form3a11, Mar.1987 *U.S.0.P.0.1987-17i26e DOMESTIC RETURN RECEIPT Summary of the weld County Planning Commission October 17, 1989 Page 5 q. CASE NUMBER: USR-892 a ., APPLICANT: Chrl�nd aml �'ladr '" � '�'` � ".. s REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility including a shooting range, guest farm and hunting lodge in the A (Agricultural) zone district. . LEGAL DESCRIPTION: Part of the N} of Section 32, T6N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .5 miles north of the City of Greeley, south of Weld County Road 64, and east of Weld County Road 27. The Chairman asked Rod Allison to read the recommendation of the Department ` of Planning Services staff into the record.‘ ' APPEARANCE: f Tim Brough, partner, represented the applicants. This application is for a shooting preserve in addition to hunting upland game and water fowl. A sporting clay range which is relatively new in this country, but an old, well established sport in European, and a trap 'and skeet range. They are raising their own game birds at another site. These birds will be brought ' to the property and released on a daily basis. What they are really asking for is a relegated form of hunting. Ho reviewed the Weld County Health Department's report from last August at their other preserve. - A map of the property and the proposed preserve was presented and retained for the file. Members are allowed to hunt with shotguns „only. No 'rifles are permitted. All hunters hunt with dogs so there are no birds injured and not claimed. ' Any birds released and not harvested join the existing wildlife population. Hunters never leave the property to hunt, but the dogs may leave only to retrieve an injured bird. The Chairman called for discussion from the audience. Clyde Feuerstein, adjacent property owner, spoke in opposition to this request because of noise. There is not much hunting going on in the area at this time. Randall J. Feuerstein, Attorney, Welborn, Dufford, Brown and Tooley, P.C. . represented Clyde and Kathleen Feuerstein, his parents. Their primary concerns are noise and safety. There are not many native birds in this area and that is why people pay to come in and hunt on a preserve. The game preserve could also cause a possible devaluation of property in the area. The property owners surrounding this proposal did not receive notification from the City of Greeley prior to their making a recommendation on this proposal. • Wes Potter, Director, Environmental Protection Services, explained the noise from a gunshot is different from other noise because it is short and intense, and they need special equipment to measure it. Also, sounds are heard differently by different people and is very difficult to set standards in this case. 891274 c x/023,1 , g„ ay y4 '.$ass°'" .¢�x .o r „.a..-. .Y.r{W�'ii.�b,�n.�Y d{b��.��. ,( 1 JfA? . k Summary of the Weld County Planning Commission October 17, 1989 page 6 nit• Shirley Ann Selgle, J-B Acres resident, spoke against this request because of noise, property devaluation, density of population, "and possible danger to farmers, farmsteads, and farm animal3 x 'yi " -#r of +r�." PG P[� T 1 "tt ' 33y' :- e . 4 , 0e Lillian Ikenouye, area resident, spoke against .tthis;rrequest 'because of population in the area. They have a right to be `safe in their own yard. ° Lester Goetzel, surrounding property owner, spoke in ,opposition to this request because of a possible danger to his property and to his dogs. Corabell Goetzel (Mrs. Lester) , surrounding property ;owner, against m this proposal because of the noise and because they live in such close proximity. t '- r^, ti Tape 358 - Side 2 "' Dale McKelvey, area resident, is concerned about5their own safety, especially if they are outdoors. Kathleen Feuerstein, surrounding property owner,' thanked the Planning t , Commission for notifying them of this hearing. - She is against this proposal , 's" because of noise, environmental im act p , and :property devaluation. They spoke to people who live close to the ,Bang-Away Gun ;Club nearMead to J , discussed p oblems the area residents were having with thegun club. One of "the houses was hit ,by pellets. Gun clubs are called "controlled hunting", but how do youcontrol the birds. .q Huth Firestein, surrounding property owner, submitted aipatition with $8 signatures to the Planning Department prior to the start of the meeting. ' She is against this request because of the noise. ere will also be more traffic, strange dogs in the area, vandalism, trespassing, a hazard to farmers working in their fidlda, and the possibility , ofamixing guns and Alcohol. Tape 359 - Side 1 - Wilbur Firestein, surrounding property -owner, spoke in opposition to this request because he is worried about his dogs being shot and the bunters dogs getting into their sheep and killing them lack Crowley, 1Poudre Management Group, which is developing group for the Boomerang Golf Course jointly between the City rof Greeley and Hewlett Packard. The also represent Hewlett Packard. He displayed plans for the golf course. These were retained for the file. He read a letter into the record of the possible negative impacts to the proposed Poudre Trail, the Boomerang Golf Course, a proposed subdivision in this area, and to the area residents. These included noise, pollution, and Poudre Trail pedestrian safety. These projects are long-term, quality of life enhancements for citizens of Weld County and this could detract _from'these' proposals thi31,2711 'E- Summary of the Weld County Planning _Commission October 17, 1989 Page 7 . Rebecca Safarik, -City of _Greeley, stated the City of :Greeley -Planning Commission considered this request at the regular meeting held on October 10. She wants to clarify the recommendation for approval made at that time. The proposal was compared against the -City's Comprehensive Plan and the City recommended a five year permit with strict noise control. The City Council is a major land owner in the area, and the City Council has not had an opportunity to review this. Therefore, they are asking for a continuance. Ed Orr; adjacent property owner, stated he agrees with concerns expressed, . but he is concerned aboud dogs retrieving wounded birds and disturbing livestock, especially during calving. t`Also, as a real ,estate broker, he would expect devaluation of property, if this use occurs. - Bill Mange, surrounding property owner, is against this request because of the noise, traffic, barking dogs, family safely, -and environmental concerns. _ Chris Elder, applicant -and partner, spoke in support of this request. -"' filbert Allison, surrounding -property owner, is against this request because - - of noise which can be constant if they are -shooting trap, devaluation of and disturbance of his , , ; :` ' k ,, ,property, sheep.p ,i, 13sverly Allison, surrounding property ,ovnsra stated ehs does not vent to -live across from a battlefield. �,,qy � T -, Tim Brough stated most of the surrounding property owners -admit to allowing bunting on their farms on a very small scale. ;,One farmer already rents hiss land to a small group for hunting. ' lie discussed a report done at the site;. last week by the Health Department. ..In the 'area of other hunting preserves, land values escalate because people who are interested in hunting buy property so they can live close to a shooting range. .;,; Tape 360 — Side 1 MOTION: Jerry Burnett moved Case Number USR-891 for Chris and Amy -Elder for a Site Specific Development -Plan and a Special -Review permit for -a recreational facility, including a shooting range, guest _farm, and hunting lodge in the Agricultural Zone -district be forwarded to the Board of County Commissioners with the -Planning Commission's recommendation for approval. Motion seconded by ieAnn Reid. The Chairman called for discussion from the s<embers of the Planning Commission. Discussion followed. • 891274 n i 4 ` r 4 °` shy.. p , !� ` F P� #'` •-c.T .. 4 e� ale v� 3e.,'c�: '.c "^t' S' Q'� P �vd 3'r,`..� -,a mk'+� 5.E• ... Summary of the Weld County -Planning Commission _October 17, 1989 Page 8 The Chairman called for -discussion from the members of ::_-the planning .`. -Commission. Discussion followed ' yr ' ' e The -Chairman _asked the secretary ;to poll the members _of the -Planning Commission for their decision. Ann Garrison - no; Jerry Burnett yes; Judy Yamaguchi - no; LeAnn Reid - no; Bud Balldorson no; Rick Iverson — no; Jerry Kiefer — no; Ernie Ross - no. Motion was denied with one voting for the motion and seven voting against the motion. MOTION: • > ti: ayx., k 1'- n _ ' : 4 v Jerry Kiefer moved Case Number USR--892 for' "Chris end Amy- Elder for a Site " 4-- Specific Development Plan and a Special `Review permit for a recreational ` facility, including a shooting range, guest farm, And bunting lodge in the - '- Agricultural zone district be forwarded to the Board of County Commissioners, :2-- with the Planning Commission's ,.recommendation '£or denial based upon the recommendation of the 'Department -of Planning Service's staff and the testimony heard by the Planning Commission. . (Motion seconded -by -Bud ,4°�_ Ralldorson• p� °ryy'R' : + 3 Y i T :CI\ ' i pb, 44.1:, 'f'�y + ¢'y F ±}^ .J�'e! 'tkF`PY•� �.`5Y.5 �Lyu 1/t p -The Chairman .called for discussion from the members "of the planning '; • Commission. Discussion followed. `- »7 ' It-e `14. *sr, The Chairman asked the secretary to poll the members of the 'Planning .4 . Commission for their decision. Ann Garrison ' yes; Jerry Burnett - no; Judy :'f - Yamaguchi - yes; LeAnn Reid — yes; Bud Balldorson -,yes; Rick Iverson - yes; Jerry Kiefer - yes; Ernie Moss - yes "Motion carried with seven voting for -and voting against the motion. . ' t'14 r raft;� A^ ? +1x „1 K The meeting was adjourned at 4.-30 p.m. , '' k it • 4- 3CRespectfully'submitted, ' t e1.ls,yo ea Bobbie Good Secretary 831274 + a y'1 NF q '_ rx HAS, '` ,k' 5 '—�`X��l�"Dr,V,,,tc*4 s + -�� 4'yw'nl` ` "� `� 1S LxsC, iffier x-$4l'dq,tl de .bb," f v 9 ?u" a , e yr' , •'A�e t ,. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jerry Kiefer 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: CASE NUMBER: USR-892 NAME: Chris and Amy Elder ADDRESS: 13644 Weld County -toad 64, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility including a shooting range, -bunting lodge, and guest 'farm located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the Ni of Section 32, T6N, R66W -of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles north of the City of Greeley, south of -Weld County Road 64, and east of Weld County Road 27 . be recommended unfavorably to the Board of County Commissioners for the following -reasons: 1. It is the opinion of She Weld County Planning Commission that the applicant has not shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The _proposed use by special review should sot be located within an Urban Growth ltoundary Area. The proposed Use by Special -Review is for a game -bird shooting preserve. The preserve would also include a sporting clay course, a trap and skeet practice area, and a clubhouse with a bed and breakfast facility. This activity is supported by members who pay for the sight to hunt within the specified boundaries of the guest farm and to use the shooting ranges. The application materials indicate a capacity attendance per hour of -40 user-s. Other special event-s on the property could cause this number to increase. - The proposed Use by Special Review site would not -be compatible with the existing surrounding land uses. Sfie application materials indicate a potential for 1,800 rounds being shot iduring a one-hour period. Existing land uses in the surrounding area consists of rural home sites, agricultural _production, including a dairy, and oil and gas production. There are over fifty (30) rural residences within a mile of she subject site. 891274 USR-892 Chris and Amy Elder Page 2 The proposed land use is not compatible with the future development of the surrounding area. This site is located immediately north of the Cache -.a -Poudre River trail and the City of Greeley's planned unit development for a golf course and residential building sites. The public golf course is scheduled to be completed by the summer of 1991. With the completion of this facility, residential development is expected to continue to increase -in the surrounding area. These future land uses are people intensive and are not considered compatible -with the proposed special review application. Motion seconded by Bud Halldorson. VOTE: For Passage Against Passage Ann Garrison Jerry Burnett Judy Yamaguchi LeAnn Reid Bud Halldorson Rick Iverson Jerry Kiefer Ernie Ross The Chairman declared the resolution -passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Danna Nelson, Acting 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 October 17, 1989, and recorded 3n Book No. XII of the proceedings of the Planning Commission. Dated the 1-9th of October, 1989. Danna Nelson Acting Secretary 891274 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION. RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jerry Burnett that the following resolution be 'introduced for passage by the Weld Lounty Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-892 NAME: Chris and_Amy Elder ADDRESS: 13644 -Weld County Road 64, Greeley, CO 80631 REQUEST: A Site Specific development P1-an and a Special Review permit for a _recreational 1$cility including a shooting range, hunting lodge, and guest farm located in the A (Agricultural) -zone district. LEGAL DESCRIPTION: Part of the Ni of Section 32, TON, R66W of the 6th P.-M. , Weld County, Colorado LOCATION: Approximately .5 miles north of the City of Greeley, south of Weld County Road 64, and east of Weld Lounty Road 27. be recommended favorably to the Board of -County Commissioners. Motion seconded by LeAnn Reid. VOTE: For Passage Against Passage Jerry Burnett Ann Garrsion Judy Yamaguchi LeAnn -Reid Bud Halldorson Rick Iverson Jerry Kiefer Ernie Ross The Chairman declared the resolution failed -and ordered that a certified copy be forwarded with the file of this case -to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Danna Nelson, Acting 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 October 18, 1989, and recorded in Book No. XII of the proceedings of -the Planning Commission. Dated the 18th day of October, 11989. Danna Nelson j"CQ1 891274891274Acting Secretary 9 INVENTORY OF ITFMS SUBMITTED FOR CO:;SIDERATSON Case Number U5p' a'e� Submitted -or Prepared I'rior to Hearing At Henrinc; 1. Application lie Pages , 2 . Application plat (`) ( page(s) iti • . 3. EPS Referral Summary Sheet /*/ I 4. DI'S Recommendation 5. DPS Surrouruling Propery Gamer Nailing List 6. UPS 111nera1 Owners Mailing List 7. 4 DPS Naps Prepared by Planning Technician 8. DI'S Notice of ilearinrg / 9 . _DPS Case Summary Sheet • 10. DPS Field Check 11. a---, {Z,_�,- •--r.y- .,,..., , — t✓ 12. ' 2,H a R,IA-.-ti E,r-.c.:.P L.-rn3v ✓ 13. 1-7,.urf a-._ , .s.-r, L--Fr 14 . Ii....,-,‘,.e- L.CI-T4=v VI 15. II- Lw= S T-t 3-.= �.._ef-r reSe- I6. A..-. >,,. - L -._nv-4L_ V 18. ,' c ' '—' I .- i i.eat+ 19. fee,-1:1,... C P''' V 20. r✓ki6A '1i& HIT io47/I%%n I.,-- at FYI G' �jGC>ti car c� cl/ ✓ w ep I here'', certify that(/ the ‘..e:.'55 items identified herein were submitted to Iht t, Department of Planning Services at or prior to the scheduled Planning i :;7;Comm .,; II,n hearing. I further_ c tify that these items were forwarded to the Cleric to I hr' Board' s office on (6 eve19 c5.." . r/ Crr p P ei'/ STATE OF COLORADO ) (. ) COUNTY OF SvtLD ) r�Tn ; 19 6 SUBS CRYU'Dr;}f ??,•SI:ORI; TO BEFORE ME THIS zcA DAY OPC�C�c1.0 — e.e E?13 ,.`' 891274 My Commission Expires Feb. 13, 1993 I s•Ly,_`1 r,_ `'.,,,c—,,-cY\ .2Z 1317 /-47 ( )71 S/O // iO/i2/? Y Page 2 EXHIBIT INVENTORY CONTROL SHEET Ease ELDER - USR Exhibit Submitted By -Exhibit Description Q. C7(rtil,-<-.J ;�'.�.4il CO-fa i'-C- AZ61/ a✓//.�G�J'G oa Cam' _�:-L�.'.,2 3 / / 1 / 12. :,./43 is ///zc Af4 1)1(. 6fri dizah,„ (vdd 6, 6R9.,,&„&) s. I T. �e�/� (ce-cr 64441-ta u. Ukt/� ( L �INti v o," .3. mrur w. i�/C1Al� V dill Y. Y. Z. AA. 13B. CC. DD. -891274 EXHI-BIT INVENTORY CONTROL SHEET Case (75IC l /% Exhibit -Submitted By Exhibit Description y -A. _ �'�Y,, 7�� 'v�9 !' \ „././7:11,t'' 72 Z71- /-t/JJa,,/ / O-Cc ei7J-,c f G� yJ !' B. 7a2,raXti. L fi?7377?/,,,,,_,,,,,,, 71,r P�-LL.7 a... , YrvJ? _ A') -C. 7/h,sii-/9 - ,,617; 7 ,...4,7-z- ., ,...e )74tj7 2627 ;Ill r y7 c77 F. X'a i:'�rz.Z i jtr i,7 :i. .:-,,.i,7U :� } 'Z/ ///l ` /7 H. `/ ',2: ' c�' :LL — �i� C9! .B - i_ a? ' - I. L/ va ' --AL -7;,../y. zi- .....„7-e2 ---n.../c Y. .,:a---,icY -Kit.'r 1,--,,,,,a ici N. t4L°i-, j . 2 6 ,, lit. CA /4O LS [ (�:A--- VN. (J / 71LiTT7 /i l///Jll7/f/a iffB�J � b h / 0. �lLr,-� ,dike/ T) t/�' 7.,e`> 831274 We the undersigned are opposed to -the shooting and hunting rang propose-d by Chris Elder, 13644 W .2 . Rd . 64 , Greeley , Colo . 4 EXil1$ii We feel it is not cDmpatitle with the surrounding area -and will disturb our li₹'e style and our livest-ock. ( case # USR 892 ) u ADDRE_S_3 -1, - > �-- 3,5;4 GL" C i(1./) ,:2y /°%-V89 r, c. Ytla-n--- , , s � �ec ,1 rte ,-,2,J u'r.4; fv 5 :L- / Y;- tc;:_ K 4 / /V/2/5-7 42,14:,_,,,,- j- 6.4:•-e4 /er %' 17 W--d< L 7 ///i-/y/ 1- (/- . 7 _ /S .4.0 ,'.., ,'k_ 6 /c l .4. ., i . ‘2.-,_ ,- ,,,•---.. t•-- .1 1.k(_�ti_�1T"i: / 3(rn ( 1-Cc42 Cis/ /c O s7 <.7 /J r(c v� /3e d td(4) i(7 /z- 1.3. 14 -- ----. 5., /C° -V-f- 427 /1--- 6A-1-It e leC /' `_7(L id 71 `11/ 61 Q I lea �CC��' //��j��- /v. 7/,i <�� /06 .7.-_,__3? i...._ it 1 S/7 y_21 ‘0. C.' Te _17 —21-mts9 to -71 - ?) 1.>/ e— I've rZ Ne(- -2-121Lcim , /D — `3 14,✓9�V 42yr-�-c� u�� L' L �`�✓ 3/) try Utz �7 i r? j� �`y / i Ll_1 i !n -'t I Po. --`-",-.C , = --ate �� x� :, 7- ,..t , _3/.5 ,c C-u c _;.1.,..;),) 2 ;!6 /1 4i, ,'lz'vu,, I)a3,0m SiA tog) :21,.• tutisl- 891.271 We the undersigned a. e opposed to the shooting .d hunting rang-e proposed by Chris Elder, 13644 W. C . Rd . 64 , Greeley, Colo . We feel it is not compatible with the surrounding area and will disturb our life _style and our livestock . Q'�ae' it*R - 29'3) NAME ADDRESS c . )ti it-a-e--T `liV ti-.w-X;-n 3 a 4 5 3 `w ` i? Z1 , c.C- Dcf/;i 9 sy /.x'77/ f✓.e./e6v- Sal", a9. /O-to-4%y .2c ' 74 /9 , �A,c 3_093-3 to e__,r a 7 f(20./.0 7 76-7 d � Pal `�Ytc ,e� goil , i CO3 /c ins recbtmivIca ,L,C 9 /397G St/Of 6q- �-Lak_ rm-(0 7 `�•e-e / 32. 7 Guc/� � S� �ed�5-' CO '"" 9e /c ,� /7 s"/ • f _ r , I j« CC .��C.4.<.:.,� /3//r ?Az, c C o y 33"-j�. �avL;� i-e i « q 44 Y.5- we 12 Csreele��, e g66. 3j 7r � f 6 15—s—W © A 91-.-u, et), Et L3C v4'. Llet 6a11�- /-5 d ! V (� 3 1r ° Al Is N8 '� 7z ci� L 1 a . ze fD&,3,71- q ✓ C.- � � i lV �J f.�uc. .21 flat 3j< 891274 We the undersigned are opposed to the shooting and hunting range proposed by Chris Elder, 13644 W .C . Rd . 64, Greeley , Colo . We feel it is not compatible with the surrounding area and will _disturb our lifestyle and our livestock . ( case # USR-892 ) NAME ADDRE.SS 1 0 (;,(v& � 2-/Z, 7 fu /396-y roc �( `� / -7, �� 7/ 1,13,57 - G 71/ 4, / u 7.2 — a'9 if ekeAm "b J% vLj 5.20 N.. 7/` / ve 6'; role/ to - /q - 8`/ 4 b P1/41A}j e- 1 3`} 157 w cf% d L Jl to -d S- g7 49 / • Lc; CA..,,,s 1 /3 sql L Lela 66 ,x.%4-- /c7 -/,)-:ec 5r. ' flu- Atitai. (, /0 --r) 1 / Die, . / a /s-el Gk---,-/eeci_aevu 6 /6 2/ ca v4 1�PG -e-f) ,L-rr.- id ,-iI $/ 59 ' C': - P�t 116E" / i-cia 62 L£ Ve_e_/r_y 6f 1.0 -19-- -7 .mode edtie f • yL { - j j(o a/ &C%" 6 -fr'eel y, [tee //? . /57-ire 891274 We the undersigned are opposed to the shooting a..id hunting range proposer] by Chris Elder, 13644 W . C . Rd . 64, Greeley, Colo . We feel it is not compatible with the _surrounding area and will _disturb our life style and our livestock. ( Case # USR-892) NAME ADDRESS /✓z Jlecr, ea 4 .3 S!/ 1V 67 &- 3 G �6 ^✓d 6 7 �^� s c-,3r4--1 6 ; ate/ 6 ivi1/4.s �"�N �� 13b i / cc c i (c, 8 / ., ��c �a� S/c, /- 6. 7 ' �s 'P*A Jct c Suzy ‘ 76.s- tv e,s+ C. .s f //U '7/ A (3t_ s5c;,___ - c."-- </id •7( ?-1 AI r eitu ce--i 74, // ki 4L- r r, /I )" t , r i iik c_, O 02_ A) O — /Que. it ,j7:47 _f_, i? 89127 5'a 6a, gc- oto /� y� / / �,, �2, rryy e �3CSF' 7 iS — 4 6 - , )\axa,r- 77 / thi- 5-6 1 it) 6 -714��, U C (1.9 A, ,) n. 7 -2 t) I Nt> 67th A v E-7g2:Lty cc) 891274 We the undersigned are opposed to the shooting and hunting range proposed by Chris -Elder, 13644 W . C . Rd . 64 , Greeley, Colo . We feel it is not compatible with the surrounding area and will -disturb our life style and our livestock. ( Case f/USR-892 ) Name Address io /� n ‘7-) Sec N; tic 7ra (1«o " a c -e- o /-"- - - Vsc 3e _ __, � _ >� ��i < 3r Qa<iC T)Vi lr( c v U G<-.'--L r C._ G t, 'f C 7 F �C73 77(clicc•C [CC Lee -I 3y fc.��C/ / y3) 2 it!rk 4 U 3s ‘,1 c-a u 89127 WHEELER MANAGEMENT GROUP 812 Eighth Street Greeley, Colorado 80631 October 17, 1989 Telephone (303) 352-5860 Mr. Ernie Ross Weld County Planning Commission 915 10th Street Greeley, CO 80631 Mr. Chairman: It has been brought to our attention that during your October 17, 1989, meeting, you will be discussing a proposed gun club to be located in Weld County on the Cache LaPoudre River, approximately one-half mile north of the Boomerang Golf Club. It is furthermore our understanding that this proposal includes both target facilities as well as a release of live game. The approval of such a project will obviously have a negative impact on the proposed Poudre Trail proposal, the Boomerang Golf Club, and the residential subdivision planned adjacent to the north portion of the Boomerang Golf Club. This negative impact would be most evident in areas of: 1. Noise pollution. 2. Poudre Trail pedestrian safety. The Poudre Trail proposal, as well as the Boomerang Golf Club, are projects which represent long-term quality of life enhancement for the citizens of Weld County. The approval by Weld County of a gun club in such close proximity could only detract from the positive affect of those recreational amenities. We respectfully request that you advise, in whatever capacity possible, the denial of such a land use on the proposed site. Yours truly, WHEELER MANAGEMENT GROUP „/f//oohn H. Crowley Boomerang Golf Club, Project Coordinator JHCsad cc: Robert Markley, Mayor John R. P. Wheeler, Wheeler Management Group EXHIBIT 891274 —/ - O6o ( N. I N--.*'13 Y.-" w�ll 477O Idt Gran,: Seh. BM •� 4 Bradewell I I I �\ Dm si J a9�� BM )Gq' ' 261.x, 28 WeY n -Well. - •-_ .� .>o Well" 29 lIt 4740 li *Is 11\ , i• 4- ! Weil Cot{[�t%R 64 o oad �~ - fMcg:' :i:: ter'' � K ST err,. N :.::: .\ 1,0fl la; h31 r 71L/ 1� r �1 ✓oti 11jb1Y/ {(/) � • I. a„6 V s USrNQ� ♦ S ✓ 1 ? s2 1 " a s yf _ 1 0 NP 1 U ---'� 090 - r \ ° rl Hp ,• °° 0 o 1 mil_rJlory g a ;r. p -Street-- 6„ u �en°11 'I 666 ,; ( S 1 l ° • 'so O m j...- 4.,, .. s-.,,,,,t.. a 76 v u �9°°. I -�� `�- 12 7 s �8 �'�F , . - r:wsnos �` I _ 1 . a x}0111 CS � .650 � cj, _ , rte. o a�a a , . EXHIBIT i�,<6.3 li. ' o `,4876 0%617/ , . ON r Z I, 47 ° . : o 1J SC r- 8 1,27 , 1 ( DEPARTMENT OF HEALTF 1516 HOSPITAL ROA GREELEY, COLORADO 606'- ADMINISTRATION (303) 353-05- ' HEALTH PROTECTION (303) 353-061 COMMUNITY HEALTH (303) 353-06. C. COLORADO October 16, 1989 EXHIBIT Chris Elder 13648 WCR 64 Greeley, CO 80631 Dear Mr. Elder, On October 13, 1989 an evaluation was performed at your request on the proposed shooting range located at 13648 WCR 64, Greeley. The shooting activity is proposed to occur in a heavily wooded area at the above location. Readings were taken at four different locations around the proposed site of she shooting range. Five rounds of two shots each were fired along the shooting course for each sample location. The average level for each position is outlined in the following table: -Location dBA(Peak Hold/Imp) dBA(Fast) #1 Not detectable Not detectable #2 84 b9 - 74 #3 72 57 - 62 #4 64.3 49.5 - 54.5 Passing car 92 77 - 82 Passing tractor 97.5 82.5 - 87.3 -Passing pickup truck 93 78 - 83 -The readings in the -Peak Hold/Imp column represent the absolute maximum level at the top of the peak. -The peak hold module on the sound level meter captures the maximum sound level and -holds it until the needle on the Sound Level Meter has time to mechanically respond and register the sound level. This module is used for impact sounds such as gun shots because of their extremely short duration (milliseconds) . To give better perspective on these levels, peak hold/impact levels were -monitored for common noises: Passing cars, trucks, and tractors. 89121©©Q(] ��jFy 4 The dBA(Fast) column provides the estimated levels that would be expected when using the sound level meter on the standard settings traditionally used for compliance purposes. The instrument is not sensitive to extreme peaks at these settings. Attached is a table of common sounds and their levels. To compare this with the values of this study, the dBA (Fast) column should be used. Conclusions: According to the levels taken, the impact on the area of the proposed golf course should be negligible. The impact on the neighbors nearest to the range would be marginal depending on the time of day. At these levels use of the range after 7:00 p.m. would not be recommended. Specific standards have been set on the special use permit. It is the recommendation of this department that the 80 dBA standard (using a peak-hold module on impact mode) is an adequate standard for the shooting range at 25 feet off the property line. Neighborhood impact could be further minimized by the installation of screening barriers in addition to the existing natural barriers. We appreciate the opportunity to assist you in this evaluation. Please call if we can be of further assistance. Sincerely, Wes Potter, Director Jeffrey L. Stoll Environmental Protection Services -Environmental Protection Specialist EJSELDER/js 891274 Date: October 17, 1989 CASE NUMBER: USR-892 NAME: Chris and Amy Elder ADDRESS: 11644 Weld County Road 64i Greeley, CO 80631 REQUEST: A Site Specific _Development Pl=an and -a Special Review permit for a recreational facility including a shooting range, hunting lodge, and guest farm located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NI of section 32, T6N, Zt66W of the 6th P.M. , Weld L-ounty, Colorado LOCATION: Approximately .5 miles north of the City of Greeley, -south of Weld County Road 64, and east of Weld County Road 17 . THE DEPARTMENT OF PLANNING SERVICES' STAFT RECOMMENDS THAT THIS REQUEST -BE DENIED TOR THE -FOLLOWING REASONS: 1 . It is the opinion -0f the Department of Planning Services' staff that the applicant has not shown compliance with Section 24.3 _of the Weld County Zoning _Ordinance es follows: - The proposed use by special review should not be located within an Urban Growth Boundary -Area. The proposed Use by Special Review is for a game bird shooting preserve. The preserve would also include a sporting clay course, -a trap and skeet practice area, and a clubhouse with a bed end breakfast facility. This activity -is supported by members who pay for the right to hunt within the specified boundaries of the guest farm and to use the shooting ranges. The application materials indicate a _capacity attendance per hour of 40 users. Other special events -on the property could cause this number to increase. - The proposed Lse by Special Review site would not be compatible th the existing surrounding lane uses. The application materials indicate a potential for 1,809 rounds being shot during a one-hour period. Existing land uses in the surrounding area consists of rural home sites, agricultural production, including a dairy, and oil and gas production. There are over fifty (50) _rural residences within a mile of the subject site. - The proposed land use is not compatible with the future development of the surrounding area. This site is located immediately north of the Cache -La Poudre River trail and the City of I:xeeley's planned unit development for a golf course and residential building sites. The public golf course is scheduled to be completed by -the summer of 1991 . With the completion of this facility, residential development is expected to continue to increase in the surrounding area. These future land uses are people intensive -and are not considered compatible with the ;proposed special review application. 891271 ADDITIONAL COMMENTS USR-892 1. The Greeley Planning Commission, at its October 10th meeting, -recommended approval with the condition noise from this facility be mitigated. Because of the proximity of this use to other -residential uses in the surrounding area it would be difficult to mitigate shotgun noise. 2. The Department of Planning Services has received several letters and phone calls in opposition to this application. 8J1 7€ Office of the Mayor City of GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303)353 6123 Greeley October 16, 1989 Ernie Ross, Chairman Weld County Planning Commission 915 10th Street Greeley, Colorado 80631 Chairman Ross: it has come to my attention that Weld County Referral USR-892, a request for a recreational facility including a guest farm, hunting lodge and shooting range, is scheduled to be heard by the Weld County Planning Commission on October 17, 1989. While the City's Planning Commission recently reviewed this request and forwarded comment to the County the City Council has not had an opportunity to meet as a body for a similar purpose. As a landowner approximately . 5 mile from the request the City Council is extremely interested in reviewing the proposal and offering comment to the County. Because the County Planning Commission meets to hear this item on Tuesday and the Council will be unable to convene a meeting prior to that date to provide formal comment on this item, I am respectfully requesting that the case be continued to a future meeting. The potential magnitude of this land use within Greeley's Long Range Growth Area and adjacent to one of its major facilities merits a full and careful review by all entities. Please notify either City Manager Sam Sasaki or me if you have any questions concerning this request. Sincerely, Robert H. Markley Mayor xc: Chuck Cunliffe, Planning Director Bill Kirby, Chairman, Weld County Commissioners 0CT 1 6 1989 Weld Cu. Ito* Zona 89 274 October 13, 1989 •J . �.:1.C..`:.' 7A _0CT 13 1989 Albert L. Allison Jr. & Beverlee A. Allison Weld Co. Planain inmmissiur CCI•:FLICTS CCrrC R.irl_G SECCTII:G R:'I:GE With this letter I would like to make a formal protest against your approval of a permit CASE :'I:.3Ea: 13'3R-5:192 to operate a M _ . Hunting Club and Trap and Skeet Range located across -the street (WCR 64) from my residence. The first conflict is the noise level. During the hunting seasons the noise level is annoying as it is, but to think that guns would be fired daily is disturbing. I didn't purchase this property -17 year' s ago to listen to shotguns go off all day long. The a:ount cf noise and shots an hour stated in the proposal is h:-.rd to be— lieve. I think the amount in truth will be doubled. Also if for some reason I had to put r: , property up for sale, I would hate to -think about the loss I would have to take because a Trap Range vas located across the road. -The other conflict is the i:•.pertance cf human safety. I-:r. molder and lir. Brough said that "Hunting will be open o_^.iy to members of -the club that carefully screens applicants. " There are a great deal of careless hunters around, it would be next to impossible to say that all of these hunters would be careful. We raise sheep on our 5 acres and several cf the neighbors in the area also have livestock and when hunting season is on our live- stock and I beleive the neighbors' livestock too are very out of sorts and upset with just the noise from the people hunting the fields and down on the river. With the addition of this hunting club and trap range Z believe the added noise would contribute to the very door health of my livestock. as it is now, with people hunting in -the fields and along the river in the late afternoon and weekends, it sounds like a"war is going on. The -hunting range would be a detriment to our lifestyle. We did not anticipate seventeen -years ago when we bought.. this property that we would be exposed to shotguns being fired 365 days a year. If_'s .eone wants to construct this kind of facility, why don't they build it somewhere where it won't interfere with other peoples' lives or their peace and Quiet. 891.274 Brian J. Single Weld County Department of planning 915 19th Street-Room 342 Greeley , Co . 817631 Dear Mr. Bingle , We would like to register our formal disapprovel of a hunting, skeet and trap range , that our neighbor Chris Elder is planning to put on land in an Agricultural-Residential Zone (Lase # IJSR-892 ) . We are property owners adjacent to the proposed site, our address is 30953 WCR 27 , Greeley , Co . 80651 . We have lived here all our married life ( 37 years ) and my husband has lived here all his life. We feel this type of operation is NOT campatible with this community . The safety factor in this operation is devastating„ and we are doubt- ful as to whether Mr. Elder has arranged for all the necessary safety regulations required for an operation such as this . We are very much concerned about the noise factor since we have a, small lambing operation -as well as selling our winter pasture for pasturing cattle . the noise factor for the animals is as bad or worse as it is for our -mental health. Another thing we are concerned about is the traffic , vandAlismn, dogs and trespassing„some of the hunters might decide to hunt on our property , since it is just across the road. Mr . Elder stated in the Tribune article "the sound of a large truck on Weld 64 would be louder than the noise created -at the shooting range ." He is vary wrong And how many trucks go on the road on weekends??and for that matter the gravel trucks that use that road are not that noisy. The noise of gun shots is -a greater noise hazard to us all, , ,mentally and phyaicallya The thing that insets us greatly is the way Mr. Elder ha-s gone about starting this operation and the way we were informed about this whole thing. We feel things have besndone very secretly and the whole truth has tot been told to any of us , when he (Elder) was asked , and thehearing information has been very vague and incomplete „ "a recreat- ional facility including a. guest farm and hunting lodge" . That sounds pretty mild--but then add trap and skeet shooting--and how many shooting at one time-? Why should we be subjected to higher limits of decibels for noise then the city of Greeley? How can an operation such as this be compatible in an area where a golf course is being planned as well -as a housing area? It poems to me, according to the article in the Tribune , the planning commission _Chairman Ken Andrews , by his comments made the final decision to recommend the approval of the range--without listening to the comments of the other people there . Maybe he would like a shoot his back yard : 0 OCT 89127 - -_ Yield Co. @'Inwmut own. A.iotter Brea.`. concern 'f ours is the type of scr >ning -that members of this club will be squired to meet? Nothing ._as been said about _no use of -alcohol on the premises--guns and alcohol don' t mix . What is to stop a "boozed up hunter" from shooting wildly out of bounds or at the neighbors equipment parked in a field over the week- end or for that matter at the neighbors working the fields from March-November? This operation must be denied now . Please cast your vote to deny this • operati-on. • Thank you for your consideration of this important matter. Sincerely your-s , n4/ A.e-ee,:1- % 9 .��, z 7- /Cures Wilbert W . -Firestien M. Ruth Firestien _ f7/c) -7,, Property Owners 82127 OCT 1 6 1989 CJ October 16, 1989 Held Co. Hamlin Comaissias Brian J. Bingle i'eld County Dept . of Planning 915 10th Street - Room 342 Greeley, Colorado 80631 Dear Nir. Dingle : We are property owners residing at 13804 W.C . Rd. 64, Greeley, Colorado, 80631 , which is North of a proposed Hunting and Trap Shooting Range . This is our formal objection to the -special Review Permit for a shooting range and recreational hunting lodge in an Agri-cultural/Residential zone (Case Number USR-892 ) . The existing hunting that is now occurring under current regulations is already a concern for the safety of human life , as well as the livestock belonging to the residents throughout the neighborhood . We feel the proposed Hunting and Skeet, Trap Shoot facility will magnify these concerns , making conditions extremely dangerous for all residents in the area surrounding the proposed recreati-onal site . The noise emitted from shot guns (numbering as high as 18_00 shots an hour) being fired from the location of the Trap, Skeet and Clay site located a little more than a city block directly south of our home , will be unbearable . The noise level will be much greater than (greater than allowed by the city cede ) and will continue for longer periods of time -than a large truck passing by on W.C . Rd. 64 as mentioned in the proposal. The owner/manager of the proposed facility mentions concern for the comfort of his patrons enjoying a few extra hours of sleep at the lodge prior to the hunt. At the same time there will be little or no concern for the few extra hours of sleep we permanent resi- dents will be missing because our -normal environment is being inter- rupted by their gun fire -at dawn. An operation such as this serves the financial interests of two owner/managers , and the hobbies of several individuals who do not live in our immediate area. It will cause a tremendous negative financial impact to thirty or more permanent resi-dencies as well -as jeopardize our safety and increase the noise level . We feel the proposed facility is not compatable with the existing environment and will depreciate the values of residences and farms in our area. We feel it is also in _definite conflict with the Boomerang Golf Course and may jeopardize the future development of the planned residential area near the Golf Course , as well as the proposed Poudre Trail . After considering all of our concerns as residents of Weld County, we strongly req_iest that you deny this hermit for all commercial hunting on this site . We thank you for your consideration in this matter. 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Single, Current Planner Re: Weld County Referral Case Number USR-892 tear Brian: The Greeley Planning Commission at its regularly scheduled meeting on _October 1-0, 1989, considered the above referenced case. The Planning Commission recommended no objection to the proposed request contingent upon adequate mitigation of anticipated noise levels. • While very concerned with safety issues, the Commission did not directly address them far several reasons. First, there is no specific site location for the river recreational trail, therefore, safety concerns could Trot be realistically assessed. Second, it was felt that with regard to general safety issues it was primarily a design issue governed by Section 45 of the Weld County Zoning Ordinance which regulates Outdoor Shooting Ranges. Since the regulations provide for a five year permit and require supervision by a range officer, a skeet and trap danger zone of 300 by 600 yards, landscaping and buffering the Commission felt that the safety concerns could be adequately addressed through County regulations. With regard to noise, the Commission is very concerned that the proposed use win exceed allowable noise levels. According to the noise study conducted last year by the Weld County -Health Department at the Buckeye Trap Shoot Club, there were recorded noise levels at one-halt mile that exceeded the allowable noise levels in residential areas in the -City of Greeley. Given the development of the golf _course and the very realistic future residential development at urban densities within one-half mile of the shooting preserve, this excess moi-se would not be acceptable. 1 891274 Brian J. Bingle Page 2 October 12, 1989 The Planning Commission is supportive of the project because it feels the project in the near term is essentially -a reasonable and a resourceful use of the land. To reiterate, the Commission is concerned over the issue of noise and asks that the County take its concerns into consideration. For your reference there were objectives voiced by two citizens on this matter (see attached letter) . If you have any -questions, please feel free to contact me. Sincerely, 7M '" C C e Qo�Tlebbe Planner II GF/cs Enc. C s Brian J . B i n g I e Weld County Department of Planning 915 10th Street - Room 342 OCT 1 '' 1989 Greeley , CO 80631 Weld Ca. Mani'n 1. li S & Dear Mr . Bingle , • Please consider this my formal objection to the granting of a Special Review permit for a shooting range and recreational hunting lodge in an Agricultural /Residential Zone (Case Number USA-892 ) . We are property owners adjacent to the proposed site , our address is 13276 WCR #64 , Greeley , Colorado 80631 . In accordance with the Weld County Zoning Regulations for a Use by Special Review , the Weld County Planning Commission should recommend to the Weld County Commissioners denial of this application . The denial can be based upon the fact that the applicant has not met the requirements set forth in sections 24 . 4 . 2 . 1 , . 2 , . 3 , . 4 , . 6 , . 7 . It is the burden of the applicant to prove these items satisfy the requirements listed therein . Section 24 . 4 . 2 . 1 says that the proposal must be consistent with the Weld County Comprehensive Plan . And section 24 . 4 . 2 . 4 states that the proposed use will be compatible with future development . . . as projected by the County or Municipality . For this proposal the Weld Comprehensive Plan relies on the City of Greeley ' s recommendation . The City ' s recommendation is for denial . The proposed use is incompatible for this property which is within 1 / 4 mile of the Greeley City Limits . It is near the City ' s projected growth area , very near the new Boomerang Golf Course , adjacent to the proposed Poudre Trail , and near more than 30 existing family residences and businesses . Sections 24 . 4 . 2 . 3 and 24 . 4 . 2 . 7 say "That the USES which would be permitted WILL be compatible with_ the existing surrounding land USES . " Shooting guns ( 1800 rounds / hour ? ) around people ' s homes is clearly not compatible . This dangerous high impact , high noise , commercial venture does not work with family homes and farms with livestock . My family raises Registered Paint Horses and Registered Longhorn Cattle . Other neighbors adjacent to this proposed site raise sheep and cattle as is ap',ropriate in this agricultural zone . Commercial hunting now in progress on the neighboring farm in question is dangerously near my livestock on my property and my neighbors livestock and families . We already have safety , vandalism , noise , and trespassing concerns . This proposal will intensify existing concerns 891..274 with safety and noise related to our lives , neighborhood family safety , guest safety , mares with foals , Iamb operations , calving operations , dogs , and other pets . The best duck and bird hunting on the proposed commercial hunting permit area is located within 100 yards of my property . Shooting starts at daybreak . Gunfire occurs during foaling/ calving time for neighborhood farm livestock immediately adjacent to our animals . In the proposal the owners state that they will not allow any shooting within 300 yds . of their residence , yet the proposal allows shooting within 50 yards of my home and within 1 foot of my livestock . County regulations for shotgun shooting areas call for a 300 X 600 yard clear zone (Section 45 . 3 . 5 . 2 ) which is not accommodated in this permit request . Traffic and parking noise from hunters , their dogs and vehicles is now creating incompatible land uses . All driveways used for access are dirt as is the parking area proposed for more intense use is just west of my property . Hunters ' vehicles already are parking in the Tight of way of County Road 27 partially blocking the traveled way . Our neighborhood is supposed to be residential /agricultural not for a hazardous commercial use with trap , skeet , and "sporting clays" ranges in a currently Weld County zoned agricultural / residential area . The map on the permit does not show the proposed trap and skeet facilities . According to the application , shotguns , 25 of them , and "Occasionally more than 25 . . (HOW MANY THEN? ) involved in special events , such as a dog trial or sporting clays tournament" will be fired repeatedly near families and livestock ( 1800 shots / hour ) . This is in no way compatible with families , homes , pets , and livestock now prevalent in this agricultural zoning . And 5 guns at a trap range will be over 500 blasts / hour . Yet " the frequency of gunfire in sporting clays is more than hunting" , so what is this higher frequency ? Also , the hours of operation in the permit say 8am to 5pm, but to anyone who hunts this is generally unacceptable . Hunting and shooting , starts after sunrise and ends 1 / 2 hour after sunset according to State law. Noise , more than City Code allows , will be created by gunfire , people , vehicles , and dogs who are , even now, on sitelefore daybreak . Complaints have been validated near the existing Buckeye Trap Club near Windsor . People who fire guns repeatedly must wear hearing protection or lose their hearing , which is evidence of the extremely high noise levels from only one gun at close range . Shooting from the guns at the Island Grove range some 7 miles away could be heard from our home . And how will 89 274 the existing oil and gas production tanks and equipment existing on the farm be compatible with all the gunfire near them? This proposed use is extremely inappropriate and incompatible in a zoned "agricultural " area as per Weld County Zoning Regulations . Land use incompatibly will exist and is predicted by planning experts . Residential urbanization will continue and further reveal health and safety issues which cannot be satisfactorily solved by the applicant . Existing recreational uses including the new City of Greeley Municipal Boomerang Golf Course , now under construction , are of extreme concern . With the new course will come more residential development the Poudre Trail and its tie to Hewlett-Packard and the Boomerang area . This permit must be denied now . We are not the only neighbors with health and safety concerns a petition is now in circulation . Would you allow a shooting range where you live , next to your home , and by your family? Is the avoidable increased potential for loss of any human life and/or any livestock damage acceptable to -anyone? I believe not . Please deny this permit and all associated commercial hunting on this site . Th-ank you for your consideration in this important matter . Sincerely yours , // � e��' a„ GL,p + 0roLe vti Wi I I iam A . Range , Jr . /O ^ r0 _Rene ' L . Range Property Owners .I Pc,—1?7 el [10CT 1 2 1989 CA October 12, 1939 aid Co. Nan4.isfig" +7t�1iizio Brian J. Bingle Weld County Dept. of Planning Services 91[ 10th Street - Room 3142 Greeley, Colorado 80631 Dear Mr. Bingle : As property owners and longtime residents at 13771 Weld County Road 61,, Greeley, Colorado, 80631, we wish to use this means of giving formal objection to the granting of a Special Review permit for a shooting ran:re and rec- reational hunting lodge in the Agricultural/Residential Zone (Case No. USR-892) as proposed. We strongly feel that the proposed plan as presented does not comply with existing zoning- regulations and is not compatiole with the existing surrounding land uses. We consider a facility of this sort would oe extremely dangerous and/or hazardous to the residents living near the area, as well as the live- stock belonging to ourselves and our neighbors. The hunting which presently exists under state laws already poses a concern due to noise and safety of people and livestock. The proposes commercial venture would intensify these existing concerns regarding noise, safety, health, and environmental impact. The noise created by gunfire from hunting as well as the trap and skeet range in itself will be extremely bad. This will be compounded by noise created by additional vehicle traffic, people, and dogs--many times before daybreak which interferes with the lifestyle of ourselves and nearby residents. To illustrate the noise impact we should mention the fact that we live approxi- mately six miles from the Island Grove shooting ranee and we can hear the shooting from the guns there. The proposed operation will definitely not be compatible with the develop- ment of the new city Boomerang Golf Course, nor the planned residential development surrounding the golf course. There is also the possiblility that a commercial operation of this type will greatly depreciate the value of surrounding farms and residences, which is of further concern to us. In view of the hazards involved in this proposed operation, not to mention the increased potential for loss of human life, we strongly urge and request that this permit be denied now. We thank you for your consideration and cooperation in this matter. Sincerely yours, Clyde Feuerstein /- -cc/:field County Commi-ssioners Kathleen Feuerstein f331.2741 WHEELER MANAGEMENT GROUP 812 Eighth Street Ereeley, Colorado 80631 October 9, 1989 Telephone (303) 352-5860 Mr. Bruce White, Chairman City of Greeley Planning Commission 1000 10th Street Greeley, CO 80631 Mr. Chairman: It has been brought to our attention that during your October 10, 1989, meeting, you will be discussing a proposed gun club to be located in Weld County on the Cache LaPoudre _River, approximately one-half mile north of the Boomerang Golf Club. _t is furthermore our understanding that this proposal includes both target facilities as well as a release of live game. i T-he approval of such a project will obviously have a negative impact on the Poudre Trail proposal, the Boomerang Golf Club, and the residential subdivision planned adjacent to the north portion of the Boomerang Golf Club. This negative impact would be most evident in areas of: 1. -Noise pollution. 2. Poudre Trail pedestrian safety. ' The Poudre Trail proposal, as well as the Boomerang Golf Club, arc projects which represent long-term quality of life enhancement for the citizens of Greeley. The approval by Weld County of a gun club in such close proximity could only detract from the positive affect of those recreational amenities. We respectfully request that you advise, in whatever capacity possible, the denial of such a land use on the proposed site. Yours truly, WHEELER MANAGEMENT GROUP - John H. Crowley Boomerang Golf Club, Project Coordinator JHCsad cc: Leonard Wiest, City Deputy Manager Rebecca Safarik, City of Greeley Robert Markley, Mayor John R. P. Wheeler, Wheeler Management Group 891.74 Shooting Preserve - iefined area of land that is m. ged for the rearing, propagatio,., release, and/or hunting of various wildlife Gamebird - A bird which may be hunted or is fit to be hunted UTland Gamebird - A gamebird which lives a considerable distance from the sea Waterfowl - Birds that swim or frequent water for purposes other than obtaining drinking water, and -which are sought as game Shotgun - A smoothbore shoulder weapon for firing shot at short ranges Rifle - A shoulder weapon with a rifled bore for firing a single projectile at longer ranges SHOT GUN FACTS: Shotguns fire from their muzzle numerous spherical lead or steel projectiles (called pellets or shot). Killing power of a projectile is related to its velocity (measured in feet/second) and the size of the shot (the diameter measured in inches). The greater the velocity and the larger the shot size, the greater the killing power or potential to injure. Larger shot will retain its1velocity better than smaller sizes and will have a greater striking energy. The most common shot sizes for upland gamebirds range from #8's to #6's, their diameters are .090 inches and .110 inches respectively. A BB -which _s shot from a common BB gun measures .180 inches, it is 39% larger than a #5 shot. Average velocity at the muzzle of a shotgun (termed muzzle velocity) is about 1,200 feet/second. This velocity will drop to about 720 feet/sec. at 40 yards (a 40% loss) .2 The muzzle velocity of a BB from a pump-type BB gun is 750 feet/second, and from anoriginal daisy BB gun is about 350 feet/second. 7^-47) An average load of #8 shot will travel about e50 feet and a load of #6 Fee 1 shot will travel about 1,000 feet.3 4)ar'7113 'days 1Encyclopedia of Firearms, Harold L. -Peterson 7 -The Anatomy of Firearms, L.R. Wallack solo. 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Y tcc , ry of /236" ?vs Tom£ 'Es mtcnAien VELoetry s EM f6IE.S LPecPL-eLer) ntC S zs1rE ;4-cacti-I/ elvt7e&v Cie Yee/%r) UD 422111_ 6,0yD 20 yb cioyb Le > T1's S' APO hD sr y3L 3 1 LP fzo 7'30 6 o /•' 8.70 - -70 sYS I, 7 co /. off' •s a S 990 7 9D 6 6�0 3. 2. 3 \� t 77.17,7 / LAND-USE APPLICATION SUMMARY SHEET Date: October 10, 1989 NAME: Chris and Amy Elder LEGAL DESCRIPTION: -Part 'of the Ni of _Section 32, T6N, R6-8W of the _6th P.M., Weld County, Colorado REQUEST: Site Specific Development Plan and a Special Review permit for s recreational facility including a guest f-arm, hunting lodge, and shooting range in the A (Agricultural) zone district. ADDRESS: 13644 Weld County Road 64, Greeley, Colorado 80631 LOCATION: Approximately .5 miles north of the City of Greeley, south of Weld County Road 64, and -east of Weld County -Road 27 SIZE OF PARCEL: 266 aces, -more or less POSSIBLE ISSUES SUMMARIZ-ED _FROM APPLICATION MATERIALS: The criteria for -review of -this proposal is list-ed 3n Section 24.E of the Weld County Zoning Ordinance. The TDepartment of Planning Services staff has received specific recommendations from the Weld County Health Department, and the Oil and Gas Conservation Commission. A copy of these referral responses are attached. The JDepartment of Planning Services' _staff has received two -phone -calls from surrounding property owners objecting to the proposal. The City of Ureel--ey's Planning Commission will not meet until October 11 to make a recommendation on this proposal. The property is located adjac-ent to the City of Greeley's Long Range Expected Growth area. 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Soo._ j31 li ( e2 /0 33 ' ,� 41/0 :i / Vl 2 .� O • e _cb.% ter' 1.,.-v�n - C. -„a�.j✓ 6� 'u'G•ave lit,e . . - ��. . cam. 0° '14.0 • I 4 ° I.-- V a n 891274 c ----/ C. te. .r. ... i. -- 4 -a ii. X .am x4IC K , I - � ryv - e , . ,. ills ' , i k. _rt 57 0Y ... '! } > 4. T" //�� .J '}N� VY�• �iJ ;a art ... x �K rb u t LJ 4 y.. H a I,� t v.uss, i y x r._�{. * yy�ti# +NC`'' 5.:IViSa. � 1. ' 1 , , �p a {� t t S 4 `y / ;Ns �.a., -.,R ."`"w. M1�..,. 'y . t -- 4`Y4b e;' , +i' r R'ir+Pt -p k _ .r- 9 5n be v. aY. "r ,Ad 4 b Ph a {rR b..1 Off' 1 . , , 891. 7 a . FIELD CHECK FILING NUMBER: USE-892 DATE OF INSPECTION: September 14, 1989 NAME: Chris and Amy Elder REQUEST: Site Specific Development -Plan and a Special -Review permit for -a recreational -facility including a guest farm, hunting lodge, and shooting _range in the A (Agricultural) zone district. LEGAL DESCRIPTION: Tart of the N} of Section 32, T6N, -R68W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .5 miles north of the City of Greeley, south of Weld County Road 64, and test of Weld County Road 27. LAND USE: N Weld County Road 64, farmland E Farmland S Cache LaPoudre, farmland W Weld County Road 17, -armland ZONING: N A (agricultural) E A (Agricultural) S A (agricultural) W A (agricultural) COMMENTS: Located on the property are three sets of improvement-s. South of and adjacent to Weld County Road -64 is a stick-built home which will be used by the prospective applicants. In the -eastern portion of the property are two residences. _One of -which has been determined to be substandard by the Weld County Building Department. The accesses to the property are off of Weld County -Road b4 and _off of geld County Road 27; both are gravel _roads having a county local -classification. located on the southern property boundary is the Cache LaPoudr-e -fiver. The property is relatively flat with natural drainage occurring in a southerly direction. The property is being used for crop production. f_. B is ng -Current Plann 891274 > DEPART 'NT OF PLANNING SERVICES ..- ... i LASE NUMBER TE-1211 COLORADO r s7g5 September 28, 1-989 ‘ 40, 1969 TO WHOM IT_MAY CONCERN: Enclosed is en application from Pineda & Sons, Incorporated, fora recorded exemption and a subdivision exemption. The parcel of land is xiescribed as part of the SE} of Section 4, T6N, R67W of the 6th Y.hi., -Weld -County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 mile north of the Town of Windsor, -north of Weld County Road 72, and vast of Highway 237. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request -would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply ty October 12, 11389, so that we may give full consideration to your aecommendation. please _call Brian J. Bingle, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1_ We have reviewed this request and find that it does/does not) comply with our Comprehensive Tlan for the following reasons. 2. We do not have a Comprehensive plan, but -we feel this request (is/3a not) compatible -with the interests of our town for the following -reasons: 3. `� We have _reviewed the request and find no conflicts with our interests. 4. A -formal tecommendation is under consideration and will be submitted to you prior to: 5_ Peas refer to the enclosed letter. Signed:a-1 Agency: Date: 1O rZ l s 5 89 274 DEPART .NT OF PLANNING SERVICES `i 1417 1111 h. 6771 1 ' SEP 21 IFS 111 • CASE NUMBER USR-892 COLORADO o �'��,'' September 20, 13389 0CT 3 1989 TO WHOM 1T-NAY CONCERN: b16il* -aublawiti Ned P,p. P Enclosed is an application from £iris and Amy Elder for a Site Specific Development Plan and a Special -Review permit for a recreational facility including a guest farm, hunting lodge, and shooting range in the A (Agricultural) zone district. The parcel of land is described as part of the Ni of Section 32, T6N, R66W of the -6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .5 miles north of Greeley; south of Weld County Road 64 and east of Weld County Road 27. This -application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and sill ensure prompt consideration of your recommendation. _Please reply by October 5, 1-989, so that we -may give full consideration to your recommendation. _Please tall $Tian ,7. -Bingle, Current Planner, if -you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and bind that it does/does not) comply with our Comprehensive _Plan for the following reasons. 2. We do -not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of cur town for the following reasons: 3. / We have reviewed the request and find tc conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted -to you prior tu: 5 Please refer to the enclosed letter. Signed: ,u. . . > Agency: 1� �� Date: IC ( Y ( 5c DEPART -NT OF PLANNING SERVICES PHONE(303)356-4000 E XT.4400 915 10th STREET (Sill( Avg GREELEY,COLORADO 80631 CASE NUMBER USR-892 COLORADO .-,::, ��•L :' i [ii September 20, 1-9189 I P 2 a 1989 ri TO WHOM IT MAY CONCERN: NLIO L`li. %I:w.aa, „unci:;pviI,, Enclosed is an application from Chris and Amy Elder for a Site Specific Development Plan and a Special Review permit for a recreational facility including a guest farm, hunting lodge, and shooting range in the A (Agricultural) zone district. The parcel of lend is described as part of the Ni of Section 32, T6N, 1t66W of the 5th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .5 -miles north -of Greeley; south of Weld County Road 64 and east of Meld County Road 127. This application is submitted to you for review and -recommendation. Any comments or recommendation you consider -relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 5, 1989, so that we may give full consideration to your -recommendation. Plea-se call Brian J. Single, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to bur address listed above. 1. We have reviewed this request -and find that 3t does/does not) comply -with our Comprehensive Plan for the following 'reasons. 2. We do not haves Comprehensive -Plan, but we feel this request (is/is not) compatible -with the interests of cur town for the following x-easons: 3./ We have reviewed the request and find nc conflicts s.ith our interests. 4. A formal -recommendation is under consideration and -will be submitted to you -prior tw: 5. Please x-efer to the enclosed letter. J p p 7 Sined: c..�L Lim L (7„; ^ Agency: � ry Date: 891274 memomnpum Weld County Planning September 29, 1989 To Dam Environmental Protection Services //11'1 /14 \ COLORADO From (.L Case Number: USR-892 Name: Elder, Chris and Amy Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste -paints, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. The food service facility shall be _constructed, licensed, and operated in compliance with the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State -of Colorado. 3. No permanent disposal of wastes shall be permitted at this site. 4. The septic system(s) for the proposed bed and breakfast facility are required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 5. The existing septic system is required to be reviewed by a Colorado Registered Professional Engineer, and a copy of that review submitted to this Division before the required I.S.D.S. Evaluation can be performed. 6. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 7. All waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust must be confined on this site. 9. Maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102, Colorado Revised Statues. 75 \W 9p1- 71 r 5 \'�--,WP217/dgc OCT 2 1989 "... i21i: y.. ., c. STATE OF COLORADO O1, AND-GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLIAM R. SMITH 1580 LOGAN STREET Director DENVER, COLORADO 80203 DENNIS-R. BICKNELL ROY RDMER Deputy Director (303) 894-2100 Governor September 29, 1989 Brian J . Bingle Department of Planning Services 915 10th Street Greeley, CO 80631 Re: USR-892 Dear Mr . Bingle, I have reviewed the Use by Special Review application for a hunting lodge in N1/2 32—T6N-R66W, Weld County. This office does not have any conflicts with the present oil operations in SWNW 32-6N-66W and the development planned for in the N1/2 sec 32-5N-66W. The only concerns I have should be worked out between the applicant and Snyder Oil Co. and that is the use of the lease road leading to the tank battery site of the Whitmore #1 well. Future drilling for oil and gas in this section will have to comply with our safety rules, specifically: Rule 603 (a) Wells shall be located a distance of 150 feet or one-half times the derrick , whichever is greater , from any occupied building, public road, or major above ground utility line or railroad. Rule 604 (a) (3) Tanks shall be a minimum of 200 feet ,from residences, normally occupied buildings, or well defined normally occupied outside area. Rule 604 (b) (5) Fired weasel, heater treater , shall be a minimum of 200 feet from residences, occupied buildings, or well defined normally occupied outside area. If I can be of further assistance I may be reached at 894-2100 . Yourstruly, Step an Pott Sr. Professional Engineer 0 pe-ffPIXT xc: Snyder Oil Co. LOCT 2 1989 1801 California, Suite 3500 Denver , CO 80202 * ' . , - F this, , T mEmoRanDum 1111€ Brian J. Single oa September 27, 1989 COLORADO From -W1llism R. -Roberts (4) s ef.ot USR-892 Chris and -Amy glder The house under -construction is currently under violation for substandard housing. See BCV-1165 for a list -of the corrections found. I xlo not have $ problem with Mr. Elder's request concerning the hunting lodge. He will be required to obtain a building -permit and a change of occupancy. The structure must to brought up to current codes for the occupancy being used. We would inquire some type of -drawings or plans detailing the use of all rooms andshowing all exits and egress. 891.274 SURROUNDING PROPERTY OWNERS CHRIS AND AMY ELDER USR-892 Gary D. and Kathryn C. Petersen 7100 Arbutus Arvada, CO 80005 Ed and Susie Ann Orr Orr Land Company 801 36th Street Suite 230 Greeley, CO 80631 William Allen Hange, Jr. Lorranie Rend 13276 Weld County Road 64 Greeley, CO 80631 Eighty-Third Joint Venture P.O. Box 3178 Greeley, CO 80633 Wilbert W. & Ruth M. 3:irestien 39053 Weld County Road 27 Greeley, CO 80631 Tollgate Farms, Inc. 179 South Monroe Street Denver, CO 80209 Wlbert L. Allison, Jr. Beverlee A. Allison 13165 Weld County Road 64 Greeley, CO 80631 Richard W. and Mary Ann Goetzel 13489 Weld County Road 66 Greeley, CO 80631 Lester V. an Corabelle Goetzel 13451 Weld County Road 64 Greeley, CO 80631 Clyde W. and Kathleen Feverstein 13771 Weld County Road 64 Greeley, CO 80631 891,7". PAGE 2 Cecil Derby P.O. Box 5061 Greeley, CO 80632 Craig Harrison 760 Whalers Way Fort Collins, CO 80521 C & M Companies 7916 Niwot Road P.O. Box 490 Niwot, CO 80544 831274 OF PLANNING SERV'GES (c PHONE(303)356-4000-EXT.4400 PO) 915 10th STREET GREELEY,COLORADO 80631 wimit COLORADO September 21, 1989 Chris and Amy Elder 13644 Meld County Road 64 Greeley, CO 80631 Subject: USR S92 — 1tequest for a Site Specific Development Plan and a Special Review permit for a recreational facility including a guest farm, hunting lodge, and shooting range in the A (Agricultural) zone district on a parcel of land described AS part of the 1d} of Section 32, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Elder: 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 on -Tuesday, October 17, 1989, at 1 :30 p.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 answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located -within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Greeley Planning _Commission for its review and comments. Please call Steve Hill at 350-9782 fur further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding she hearing date. Sometime prior to October 2, 1989, you or a representative -should call me to obtain a sign to be posted on the -site no later than October 7, 1989. 891274 Chris and Amy Eider September 21, 1989 Page 2 The Department of Planning Services' staff will make a recommendation concerning Shis application to the Weld County Planning Commission. It is the responsibility of the applicant to call -the Department of Planning Services' office -a few mays -before she date id the Planning Commission hearing to obtain that recommendation. If you have Any 'questions concerning this matter, please feel free Yo call me. Respectfully, Cu rent Planner BJB:sjg r- � f*31.274 USE BY SPECIAL REVIEW - PROGRESSIVE ENTERPRISES The proposed use for this area shall be a Commercial Wildlife Park or more commonly called a Shooting Preserve . Upland game birds will be held in captivity on the area and released for hunters throughout our season. In addition, we are proposing to operate a sporting clays course with an accompanying trap and skeet practice area, pending the approval of this application. A clubhouse -with a "bed and breakfast" facility is also planned. The hunting of released birds is allowed by the Colorado Division of Wildlife during all months of the year at this location. We will normally only allow hunting from September 1 - March 30 of each year. We may have on occasion, special events which will take place during the otter months . These events may or may not involve the shooting of released birds. Hunting and attendance at any event will not be open to the public ; it will only he available to club members and -guests of the members and/or management . This will allow us to properly manage both the area and the users . For a list of rules that members and their guests will be required to follow see the enclosure titled Membership Agreement. Hunting will not be allowed within 300 yards of the proposed pens and existing residence on the property. Hunting and shooting will primarily occur in the areas along the Cache La -Poudre River and the Storm Jake Drainage , which are not suitable tor crops . The existing row crop field will continue to be planted and hunting may occur on that area after the crops have been harvested. Some of the dry land areas may be used for hunting in the future once the cover becomes more established and is determined to be suitable for that purpose . On the premise-s there exists an old Victorian style house that will be repaired to code . After these repairs and other alterations and upgrades have been made , we will use this house for a Bed and Breakfast facility. This facility will provide overnight lodging service as well as a morning meal for our hunting and sporting clays customers . This same building will also function as our club Louse . The s-hooting of sporting clays, trap and skeet will happen year round . In trap, there are five predetermined shooting positions behind the trap house. In skeet , there are eight predetermined positions and two target throwing houses are used (please see exhibit A) . Sporting clays differ from trap and skeet in several ways. Up to ten throwers will be used to create ten different shooting "challenges" that replicate -situations faced in the field. This ultimate shooting challenge can be described as a country club environment because shooters move at their own pace along Page - 1 891274 well defined paths from station to station. The clubhouse - bed and breakfast facility will be operated year round in accordance with demand. This facility is needed to fill the demands of our customers. Much -of the hunting is -done very early in -the morning . By providing a convenient lodging and breakfast facility at the hunting sits, the customer can enjoy a few more hours of -sleep, and no driving prior to the hunt . The existing uses on the surrounding properties are primarily agri-cultural , residential , and recreational . The properties to the north consist of three farms raising crops and two small acreages that are primarily _residences. The one -property to the west is currently being used for crop and livestock production. The land bordering t-he south engages in -crop and livestock production also. To the east , agriculture predominates with crops and livestock _also. Most of the land surrounding this area _allows recreational hunting of game birds and -waterfowl during state seasons. The farms to the west and south are currently leased to active hunting clubs. The closest resi-denc-e-s to the north are 1-50 and 15D feet away. To the east , residences -are approximately 15D 'feet away, and to the -south greater than one mile , to the northwest 150 feet and southeast about 1/2 mile away. Under normal use the maximum number of hunters using this area for the hunting of rel-eases] birds will be 15 persons at any given time . For the sporting clays, trap and sae-et , under normal situations the maximum number of -shooters at any one time will be 25 persons. Occasionally more than 15 and/or 25 persons may be on the area involved in special events, such as -a dog trial or sporting clays tournament . These events are strictly governed and controlled to ensure the safety of everyone. Projected clubhouse , bed and breakf-ast patrons -are estimated at approximately 10 per week. The owner/managers -are the only employees presently. Part time help is anticipated to be needed on a seasonal basis for the sporting clays and upland hunting. The normal hours of operation are from 8 a.m. - 5 p.m. Tuesday through Sunday. A full time live in caretaker for the clubhouse is al-so under consi-deration. The only water necessary for the operation will be supplied for irrigation to the hunting fields by the _Jones Ditch and the Whitney Ditch. The clubhouse has adequate water supplied by the -Shar-kstaoth Pipeline from Greeley. 891274 Page - 2 Access to this area shall be from Weld County Road 64 and from Weld County Road 27 . There are two well defined driveway entrances unto the properties from WCR 64 . A third entrance from WCR 27 will utilize a well maintained oil pump access road. WCR 64 is paved and WCR 27 is graveled. Vehicular traffic will consist of passenger cars and light duty pickup trucks . Client traffic will , at a maximum, be 24 cars per week with the average nearer 12 cars per week. A special event may have associated with it heavier traffic for that day only. The clubhouse is a converted four bedroom house with two bathrooms. A septic system is in place and sewage is adequately disposed of. Outdoor portable toilets will be used as needed. These will be serviced and maintained by an outside company on a contract basis. This area is located within the Windsor Fire Protection District . Fire prevention measures employed are those typically observed on farms. We will comply with Weld County Health Department ' s rules concerning burning ditches , weeds , and debris . No open campfires will be allowed on the premises. A small game bird holding pen will be constructed. No more than 1000 pheasants , chukar and quail total will be on the property at any given time. No wastes , storage areas or stockpiles will be on the area. No storm water retention facilities are typically associated with an area like this. The area will initially be cleaned of debris and trash by transporting it to a county landfill . This clean up will commence immediately. Daily household trash and garbage will be stored in a dumpster container to be removed weekly by Waste Management of Northern Colorado. Portions of the proposed use area may be within the flood plain. However since no structures are proposed, this should not be a major concern. This area is not located in a geologic hazard or a Weld County Airport overlay district area. A copy of the deed and our current lease agreement is enclosed ( see exhibit B and C) . The noise associated with this use will consist of irregular and occasional shotgun fire . Page - 3 s91274 Projecting the frequency of gunfire is very difficult . In order to get an idea of its relative frequency, it can be compared to shooting trap at a shooting range like the one located northwest of this area. Five trap shooters will shoot 250-500 rounds of shells in an hour. Five hunters may shoot 75 rounds in a four hour hunting session. A rough average for five persons hunting during a four hour period would be 35 rounds. The frequency of gunfire in sporting clays is more than hunting and less than that of trap. Skeet shooting is similar to sporting clays. A copy of the soil reports are attached ( see. exhibit D ) . The soils found in this area range from well suited to not well suited for crop production. Wildlife is an important secondary use of these soils. The potential for urban and recreation development range from excellent to poor. Grazing management should be based on taking less than 50% of the total annual production, and the deferment of grazing may lead to improved range conditions. The soil reports indicated the proposed use will be compatible with these soils . Potential is fair for open land wildlife habitat. Landscaping around the house and clubhouse is already in place. We plan to maintain and upgrade this landscaping . Construction of certain parts of this project will begin immediately. This will include repair and maintenance of the clubhouse and upgrading of the roads on the farm. The time required for this will be approximately two months. Beginning in February 1990, construction of the sporting clays course and the trap and skeet range will begin. Two months of construction are expected for these projects . April 1990 will be our projected grand opening of the sporting clays, trap and skeet , together with the remodeled clubhouse. The hunting of released birds will begin immediately. Construction of a small gamebird holding pen will commence immediately also . The proposed use is consistent with both the Weld County Comprehensive Plan and the intent of the district , since this plan will maintain or increase the productivity of agricultural lands. This plan does not propose a reduction in the number of acres planted to crops. It does, however, call for a reduction and possible elimination of grazing on this area. • Page - 4 891274 The safety and welfare of the surrounding inhabitants will be provided for by clearly posting the area as a shooting preserve, and by requiring hunters to stay within the boundaries and to follow safe hunting practices . Participants of the sporting clays , trap and skeet will be required to observe rules regarding safety. Those people shooting sporting clays will be required to be within specified trails or paths. Traditional shooting areas are provided for trap and skeet shooters in which the shooters must shoot from. This use should be compatible with any future development of the surrounding area. This use is compatible with the existing surrounding land uses. The adjacent properties are currently being used for crop and animal production. Two properties bordering us are leased to organized hunting clubs. Our proposed use is consistent with the properties past history of hunting. Page - 5 89127"4 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S P-ARCEL STATE AND ZIP CODE IDENTIFICATION U gS3o5 3Z�>>Y7 /rrs.r Gary D.c kart/try/I C. 7to04?.4v#us, Arvad& Co Boa's O205-3z0,0,af' oS3Zo oro )4"r E t .Svc;c 4,74 c/ Orr L Mr�0' RolR �,cu%�e 230 Gree 1700 Ron' I io o c 3L o.",",/1/ o g 3L oa•nt3 Vo iVarnc G,.ve��7 9/1 /6g-1- _Greeley, 00 Son ! i-0o'ski s;g§% £ -4fic//hun 4/A YR 41Rene' larra,ne 13271 4/at') Gre�/ey ( fioE 1 09033`°'`"`f y `fir rAI Ja;4I T 7A,, ai 78 / ya Rd U 0BOS3l�o0SE sfL>'3i rl +l el" L /.at l'74 W t /N Rd-IA i'o,c'? 14/CP Z7 ('ree/a y 84O/ fl'5 31°`-"'/ A n Il kt rr.�s r' 7 Mi /�o y 'np �}o?oq o3aS�100003g J,z Fez n 17�� Soy �� j��vP�' !lo 806-1;')/ J l : � IIiSc/1 Merl- L. Tr" • � �av4�+ lee A /3/6.S Gt/C�6'/ Grrelry/'v / / 0$��9��.-Hri toe. I-ni R,eAarl� W# Mary/44i /3yfl "tack$6 eceohyC� Qo.s/ /cc #vz/ Les/er V I Cora k//e /WS/ Lvf^R 6y Gr,,/ryC ', vo63/ °S05"oa' i reever d/yd4 Gt/ ,aMi/eeh /377/ it/CkG9A''Ayee) goi71 .S0$'' na",'2J 891274 AFFIDAVIT DF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, stators that to the best of his or -her knowledge the att-ached list is a true and accurate list of the names, addresses ant the corresponding Parcel Identification Number assigned by the Weld County Assessor of she owners of property (the surface estate) within five -hundred (300) feet of the -property subject to the appli-cation. This list was tompiled 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 records 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 submiss n ate.li The foregoing instrument was subscribed and sworn to before -me this r day of (P1 , 19R9".. WITNESS -my hand and official seal. My Commission expires: 5-23 q0. Notary bn y rY/7 • @91274 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 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 accurat-e list of the names and addresses of -all anineral owners and leases 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. The foregoing instrument was subscribed and sworn to before me this X611 day of cif , WITNESS my hand and official seal. My Commission -expires: 62,3-92 Notary Publlt// ((- 891274 FARM LEASE AGREEMENT THIS AGREEMENT made on this /07 day of Scc7 _, 19 , between C&M COMPANIES (herein called "Landowner" ) and TIMOTHY R. BROUGli and _CHRIS D. ELDER (hereinafter collectively called "Leasee" ) . WITNESSETH: Landowner and Leasee mutually covenant and agree as. follows: 1. Lease Properties Leasee shall lease the following property of Landowner situated in Weld County, Colorado (herein called the "Premises" ) : All that part of the North Half (N 1/2) and the North Half of the South Half (N 1/2 of the S 1/2) of Section 32, township 6 North, Range -66 West of the 6th Principal Meridian, lying North of the Cache La Poudre River and West of the following described line: Commencing at the Northeast corner of said Section 32 and considering the North line of said Section 32 to bear North 9-0°00 ' 00" West and with all other bearings described herein being relative thereto; Thence North 90°00 ' 00" West along the North line said Section 32, a distance of 11918.10 feet to the True Point of Beginning; Thence South 00°45 ' 07" East, 1,14_0.00 feet ; more or less to the existing center of the Cache La Poudre River and the terminus of the line, 216 acres more or less, EXCEPT that -parcel of land as conveyed to Roxena Von Trotha by Warranty Deed dated November 18 , 1963 and recorded November 24, 1965 in -Book 554 at Reception No. 1476288, Weld County Records, EXCEPT that parcel of land as conveyed to D and E Investment Company by Quit Claim Deed dated November 27, 1974 and recorded November 29, 1974 in Book 727 at Reception No. 1649367, Weld County Records, Together with 30 shares of the Jones Ditch Company and 5 shares of the Whitney Ditch Company; and together with all its appurtenances and warrant the title to the same. 891274 (o) The terms, covenants and conditions contained in this agreement shall bind and inure to the benefit of the Landowner and Leasee and their respective successors and assigns. However, no assignment thy Leasee in violation of the provisions of this -agreement shall vest any rights in the assignee. IN WITNESS WHEREOF, landowner and Leasee -have duly -executed this -agreement to the affective as o₹ the day and year first above written. LANDOWNER: &M COMPANIES i`r' /y LEASEE: �� 8 TIMOT R. BROU CHRIS D. ELDER 891274 -14- B 22° F 22° E 25° •�•i •. G 25° 58' 5a' 1 D �\ ••Oi ri�•••O H ••��yam..i� t s•i%�•i ;•tai iii' ye•� i• C K BI", 12345 I 2 16 11(14.6m 4 17 15.5m Diagram II 20—r�l B.3m /rr �` c Handicap Shooting Legal Target Flight Area for 16 Yards and 22 —T-20.1 m'� 1 to 5-Firing Points spaced 3 yards(2.7m)apart. -Trap 7 23 BDE TT CDEFGHK-Fury yards(46m)from Trap. 24--r..-7-22.0MBDEFGHB Shaded-Area yards of Legitimate Target. 25 --r—r-22.91p ��(((( , BEFGB-Cross Hatched-Most desirable area in which to throw tan: 26 23.8m 3BFlmaginary straight line through Trap end No.3 Fring Positla 24'7n1 4 7m CBK-Imaginary straight line through trap at right angles to No.36 27 EF,FGThe distance between these points shall be a straight line 56 (17.7m)long. Target elevation 8 to 12 feet(2.4 to 3.7m)above number 3 firing c B-TRAP YARDS(METRES)FROM B at point M 30 feet(9m)in front of trap.Target distance 48 to 52 yarn_ Diagram I to 48m). Trap and Firing Positions 24 25 • • SKEET FIELD LAYOUT r ft'Os 6.05 �... T f.❑ _ I ARGEr CROSS 6 POINT 11'CIS0ISrANCE _ -SHOOTING MARKER _ BOUNDARY ' _ MARKER HIGH I !I•-~_•'„• I LOW USE HOUSE FUGH IIGNI�. •-. ••• .rgN6fi F ,HOUSE 1 1PPYEZ'--" tlo l I 4 Ito BASF CHORD O I R 8 R ‘75.-10' 7-R e' QS I O k.......... .........,=32 ° 6�6'2 /1 al /�/ 6 R 3RV 5 p-MANDATORY SHOOTING STATIONS eh 4- -R Referee Stations STATION MARKERS J 891274 e' Tolerances may not be exceeded on fields used for the NSSA World Skeet ii elevation,high house,plus or minus three inches from level of Station I Shooting Champions and it is recommended that all fields uses in NSSA low house plus or minus three inches from level of Station 7 Station levels 36 SOIL SURVEY deposits. Included in mappingaresmall areas ofsoils that Rapid expansion of Ureeley and the surrounding are: have sandstone and-shale within a-depth of 60 inches. has resulted in urbanization of much of this Otero soil Typically the surface layer is-brown sandy loam about This soil has excellent potential for urban and recrea 10 inches thick The underlying material to-a depth of 60 tional _development. The primary limiting feature is t-.• inches is.pale brown calcareous fine sandy loam. moderately rapid permeability in the substratum, whit Permeability is -rapid. available water _capacity is causes a hazard of ground water contamination fron moderate. The effective rooting _depth is 60 inches or sewage lagoons. There are additional costs in sit, more.Surface runoff is medium to rapid, and the Erosion preparation because of slope. Lawns, shrubs, -and tree: hazard is law. grow well. Capability subclass IV'e irrigated, Vie nonir- This soil is suited to limited cropping. Intensive -rigated; Sandy Plains range site. cropping is hazardous -because of 'erosion. The cropping 54—Paoli loam, 0 to 1 percent slopes. This is_a deep. system should be limited to such_close grown crops as al- well drained soil on terraces at elevations of 4,700 to 5,251 falfa, wheat, and barley. This soil also is suited to ir- feet. It formed in alluvial deposits. Included in -mapping rigated pasture. A suitable cropping system is 3 to 4 are small areas of soils that have a loamy sand surface years of alfalfa followed by 2 years of corn and small layer. grain and alfalfa seeded wither-nurse-crop. Typically the surface layer is grayish brown loam and Closely spaced contour ditches or sprinklers can be fine -sandy loam about 25 inches thick. The underlying used in irrigating close grown_crops. Contour furrows or material to a _depth of 60 inches is light -brownish gray sprinklers should be used.for new crops. Applications of Tine sandy loam. nitrogenand phosphorus help in maintaining good produc- Permeability is moderate. Available water capacity is tion. high. The effective-rooting depth is 60 inches or more. The potential native vegetation on this range site is Surface runoff is very slow,and the-erosion hazar_d is low. dominated by sand bluestem, sand reedgrass, and blue grama. Needleandthread, switchgrass, sideoats grams • This soil is used almost entirely for irrigated area,d crops. It includ- and -western wheatgrass are also prominent. Potential is suited to all crops commonly-grown in the roduction ranges from 2 00 ing corn, sugar beets, beans, alfalfa, small grain,potatoes, production S 2 pounds per acre in favorer- and onions. An example of asuitable cropping-system is 3 ble years to 1,800 pounds in unfavorable years. As range p , corn condition deteriorates, the sand-bluestem, sand reedgrass, to 4 years of alfalfa followed by corn, c for silage, and switchgrass_decrease and blue grams,-sand dropseed, auger beets, small grain, or beans. Such characteristics as and sand sage increase. A-nnual weeds and grasses invade the Tepidly permeable substratum-slightly restrict some the site as range condition becomes poorer. crops. Management of vegetation on this soil should be based All methods ailirrigation are suitable, tut furrow ir- on taking half and-leaving half of the total-annual produc- rigation is the most common. Proper irrigation water lion.Seeding is desirable if the range is in poor condition. -management is essential. Barnyard manure and commer- Sand bluestem, said -reedgrass, switchgrass, sideoats _clad fertilizerare needed for top yields. grama, blue grama, pubescent wheatgrass, and crested Windbreaks and environmental plantings are generally wheatgrass are suitable for seeding. The grass selected -suited to this soil. Soil blowing, the principal -hazard in should meet the seasonal requirementsoflivestock. It can establishing trees and shrubs, can be controlled by cul- be seeded intoa clean, firm sorghum stubble, or it can be tivating only in the tree row and by leaving a strip of drilled into a firm prepared seedbed. Seeding early in vegetation between the Tows. Supplemental irrigation spring has proven-most successful. may be needed at the time of planting and during _dry Windbreaks and environmental plantings-are generally periods.-Trees that are best suited and have good survival suited to this soil. Soil blowing, the principal hazard in are Rocky Mountain juniper, eastern redcedar, ponderosa establishing trees and shrubs, _can be controlled by cul- Pine, Siberian elm, -Russian-olive, and -hackberry. The tivating only in the tree row and by leaving a strip of shrubs bestsuited are skunkbush-sumac, lilac, and Siberi- vegetation -between the rows. Supplemental irrigation an peashrub. may be -needed at the time of planting and during dry Wildlife is an important secondary use of this soil-The periods. Trees that are best suited and havegoodsurvival cropland areas provide favorable-habitat for ring-necked are Rocky Mountain juniper, eastern r'edcedar,ponderosa pheasant and-mourning dove. Many nongame species_can pine, Siberian -elm, Russian-olive, and hackberry. The be attracted by establishing areas for nesting and'escape shrubs best suited areskunkbush sumac, lilac, and Siberi- cover. For pheasants, undisturbed nesting cover is essen- an peashrub. tial and should be included in plans for habitat 'develop- Wildlife is an important secondary _use of this soil, ment, especially in areas of intensive agriculture. Ring-necked pheasant, mourning _dove, and -many non- in areas protected from flooding, this soil has good game species can be attracted by establishing areas for potential for urban and recreational _development. The nesting and escape cover. For pheasants, undisturbed chief limiting feature is the rapid-permeability in the sub- nesting cover is-essential and should lie included in plans stratum, which causes a hazard of ground water con- for habitat development, especially in areas of intensive tamination from sewage lagoons. Road designs should he agriculture. modified to compensate for the moderate frost p potential. 891274 4. WELD COUNTY, COLORADO, SOUTHERN PART {f and switchgrass decrease and blue grama, sand dropseed, should be grown at least 50 percent of the time. Cont. e{ -and sand sage increase. Annual weeds and grasses invade ditches and _corrugations can be used in irrigating c: f the site as-range condition becomes poorer. grown crops and-pasture. Furrows, contour furrows. :. Management of vegetation on this soil should be based cross slope furrows are suitable for row crops.Sprinr. • 1 _on taking half and leaving-half of the total annual produc- irrigation is also desirable. -Keeping tillage to a minim tion.Seeding is desirable if the-range is in poor condition. and utilizing crop residue help to control erosion. M. - t Sand bluestem, sand -reedgrass, switchgrass, sideoats taining fertility is important. Crops respond to app:. I _grama, blue grama, pubescent wheatgrass, and crested dons of-phosphorus and nitrogen. wheatgrass are suitable for seeding. The grass selected The potential native vegetation on this site should meetthe seasonal requirements of livestock. It can dominated by sand bluestem, sand reedgrass, and h be seeded into a clean, firm stubble, or it can be drilled grama. Needleandthread, switchgrass, sideoats gra. I into a firm prepared seedbed.Seeding early inspring has and western wheatgrass -are also -prominent. Poter.- I -proven-most successful. production ranges from 2,200 pounds per acre in fav,. Windbreaks and environmental plantings are generally ble years to 1,800 pounds in unfavorable years. As ra: t suited to this soil. Soil blowing, the principal hazard in condition deteriorates, the sand bluestem, sand reedgr.. I establishing trees and shrubs, can be _controlled by _cut- and switchgrass decrease, and blue grama,-sand drops- tivating only in-the tree TOW and by leaving a strip of and sand sage increase. Annual weeds and grasses inv, vegetation between the rows. Supplemental irrigation the site as range condition becomes poorer. may be needed at the time of planting and during dry Management of vegetation on this soil should be ba: periods. Trees that are best suited and have good survival on taking half and leaving half of the total annual prod - are_Rocky Mountain juniper, eastern redcedar,ponderosa tion.Seeding is desirable if the range is in poor condic. pine, Siberian elm, Russian olive, and hackberry. The Sand bluestem, sand reedgrass, switchgrass, side() shrubs best suited are skunkbush sumac, lilac, and Siberi- grama, blue grama, pubescent wheatgrass, and cress an peashrub. wheatgrass are -suitable for seeding. The grass selec• Wildlife is an important secondary use of this soil. should meet the seasonal-requirements of livestock. It Ring-necked pheasant, mourning dove, and many non- be seeded into a clean,firm sorghum stubble, or it can game species can be attracted by establishing areas for drilled into a firm prepared seedbed. Seeding early nesting and escape cover. For pheasants, undisturbed spring has-proven most successful. nesting covet is essential and should be included in-plans Windbreaks and environmental plantings are genet:, for habitat xlevelopment,especially in areas of intensive suited to this soil. Soil blowing, the -principal hazard agriculture. -establishing-trees and shrubs, -can be _controlled by c Rapid expansion of Greeley and the -surrounding area -tivating only in the tree row and by leaving a strip -has resulted in urbanization of much of this Otero soil. vegetation between the rows. Supplemental irrigat This soil has excellent potential for urban and recrea- may be needed at the time of planting and during • t tional development. The only limiting feature is the periods.Trees that are best suited and have good sure: -moderately rapid -permeability in the substratum, which are-Rocky Mountain juniper, eastern redcedar,-ponder, t _causes a hazard of -ground water contamination -from pine, Siberian elm, Russian-olive, and hac-kberry. I sewage lagoons. Lawns, shrubs, and trees -grow well. shrubs best suited-are skunkbush sumac, lilac, and Sibs Capability subclass 1IIe irrigated, 1Ve -nonirrigated; an peashrub. Sandy Plains range site. Wildlife is an important secondary use of this s 52—Oterosandy loam,-3 to 5 percent slopes. This is a Ring=necked pheasant, mourning dove, and -many -ru deep, well drained soil on plains at elevations of 4,700 to game species can be -attracted by-establishing areas 5,250 feet. It formed in mixed outwash and eolian nesting and escape cover. For pheasants, undisturt deposits. Included in mapping-are small areas of soils that nesting cover is essential and_should be included in ph. have loam and clay loam underlying material. Also in- for habitat development, especially in areas of intens. eluded are small areas of soils that have sandstone and agriculture. shale within a depth of 60 inches. Rapid expansion of Greeley and the surrounding a: Typically the surface layer of this Otero soil is brown has resulted in urbanization of much of this Otero s sandy loam about 10 inches thick.The underlying material The soil has-excellent potential for urban and recreatio. to a depth of 60 inches is pale brown calcareous fine development. The only limiting feature is the moderat• i sandy loam. rapid permeability in the substratum, which causes 1 Permeability is rapid. Available water capacity is hazard of ground water _contamination torn sew:: I moderate. The effective rooting depth is 60 inches or lagoons. Lawns, shrubs, and trees grow well. Capabi. 1 more. Surface runoff is medium,and the erosion hazard is subclass file irrigated, Vie nonirrigated; Sandy Pla: low. range site. This soil is used almost entirely for irrigated _crops. It C53—Otero sandy loam,5 to 9 percen s apes. -his i l is suited to the crops commonly grown in the area. deep, well drained soil on plains at-elevations of 4,700 I. Perennial grasses and alfalfa or _close -growing crops 5,250 feet. It formed in mixed outwash and eol: l i I 1 821274 40 SOIL SURVEY from 800 pounds per acre in favorable years to 500 production ranges from 1,750 pounds per acre in favora- pounds in unfavorable years. As range condition deteri- ble years to 950 pounds in unfavorable years. As range orates, the mid grasses decrease and forage -production condition deteriorates, the sideoats grama, little bluestem, drops. Undesirable weeds and-annuals invade the site as and sand reedgrass decrease: yucca. sedge, and blue range condition becomes poorer. grama increase; and forage production drops. Management of vegetation on the Shingle soil should be Management of vegetation should be based on taring based on taking half and leaving half of the total annual half or less of the total annual production. Deferrer graz- production. Seeding is desirable if the range is in poor ing is practical in improving range condition. Seeding and condition. Western wheatgrass, blue grama, alkalisacaton, mechanical treatment are impractical. sideoats grama, little bluestem, pubescent wheatgrass, Windbreaks and environmental plantings are generally and crested wheatgrass are suitable for seeding. The not suited to this soil. Onsite investigation is needed to grass selected should meet-the seasonal requirements of determine if plantings are feasible. livestock. It can -be seeded into a clean,firm sorghum Production of vegetation on this treeless soil is low, stubble, or it can be drilled into a firm prepared seedbed. especially during drought, whenannual production can he Seeding-early in spring has-proven most successful. as low as 300 pounds per acre. Rangeland wildlife, such as The potential native vegetation on the Renohill-soil is antelope and scaled quail, can the attracted thy managing dominated by western -wheatgrass and glue grama. Buf- livestock grazing, installing livestock watering facilities, falograss is -also presented. Potential production ranges and reseeding where needed. from 1,000 -pounds per acre in favorable years to £00 This soil has poor potential for urban development. The pounds in unfavorable years. As range_condition deteri- chief limiting feature is the shallow depth to sandstone. orates, a blue grama-buffalograss sod forms. Undesirable Capability subclass VIe irrigated, VIe nonirrigated; Sand- weeds and annuals invade the cite as -range condition stone-Breaks range site. becomes poorer. 62—Terry finesandy loam, 0 to 3 percent slopes. This Management of vegetation on the-Renohill soil should Isa moderately deep, well drained soil on plains at eleva- be based on taking half and leaving half of the total an- tions of 4,500 to 5,000 feet It formed in residuum from nual production. Range pitting can reducerunoff.-Seeding sandstone.Included in mapping are small areas of soils -thais desirable if the range is in poor condition. Western are s-have11 sandstone deeper than 40 inches. Also included wheatgrass, blue grama, sideoats grama, buffalograss,-pu- are small areas of soils that haven subsoil_cif sandy clay bescent wheat loam and clay loam. grass, and crested wheatgrass are suitable for seeding. The grass selected should meet theseasonal Typically the surface layer of this Terry soil is pale requirements of livestock. It can be seeded into_a clean, bale brown eaandy loam about 6 inches thick.inchesT this soil is firm sorghum stubble, or it can be drilled into a firm pale brown fine sandy loam about 21 thick. The substratum is very pale brown fine sandy loam. -Sand- prepared seedbed. Seeding early in spring has proven stone isata depth ofaboyt27 inches. mostsuccessfuL Ran eland wildlife, such as antelo Permeability is moderately rapid. Available water g pe, cottontail, and capacity is moderate. The Effective rooting depth is 20 to coyote, are best suited to this unit. -Because forage 40 inches. -Surface runoff is slow, and the erosion hazard production is typically low,grazing management is-needed is low. if livestock and wildlife-share the range. Livestock water- This soil is suited to-most of the irrigated crops com- ing facilities also are utilized by various wildlife species. -monly grown in the area. The moderate depth restricts Capability subclass VIe irrigated, VIe nonirrigated;-Shin- some crops. A suitable cropping system is corn, corn for gle soil in Shaly Plains range site, Renohill soil in Clayey silage, barley, 3 to 4 years of alfalfa, and wheat This soil Plains range site. is also well suited to irrigated pasture. C61—Tassel fine sandy loam, a to 20 percent slopes.) Furrows or sprinklers can be used in irrigating row This is-a shallow, well drained soil on upland breaks at crops. Flooding from contour ditches and sprinkling are elevations of 4,850 to 5,200 feet It formed in residuum suitable in irrigating_close grown cropsand pasture.Small from sandstone. Included in mapping are small areas of heads of water and short runs reduce the risk of erosion_ sandstone outcrop and areas of noncalcareoussoils. Production can be maintainedbyfrequent irrigations and Typically the -surface layer of this Tassel soil is light by applications of barnyard manure and commercial fersil- yellowish brown fine sandy loam about 7 inches thick. The izer. Keeping tillage to a minimum and utilizing crop underlying material is light yellowish brown very fine residueare important sandy loam. Sandstone isatadepthafabout 11 inches. In nonirrigatedareas this soil is suited to winter wheat Permeability is moderately rapid. Available water barley,and sorghum. Most of the acreage is planted to capacity is low. The-effective rooting depth is 10 to 20 winter wheat The predicted average yield is 25 bushels inches. Surface-runoff is-medium, and the erosion hazard per acre. The soil is summer fallowed in alternate years is moderate. toallow moisture accumulation. Generally precipitation is The potential native vegetation is dominated by too low for beneficial use of fertilizer. sideoats grama, little bluestem, blue grama, threadleaf Stubble-mulch farming,striperopping, and minimum til- sedge, sand reedgrass, and needleandthread. Potential lageare needed to control soil blowingandwatererosion.. 891274 WELD COUNTY, COLORADO, SOUTHERN PART 23 Windbreaks and environmental plantings of trees and The potential native vegetation is dominated by blue shrubs commonly grown in the area are generally well grama. Several mid grasses, such as western wheatgrass suited to this soil. Cultivation to control competing and needleandthread, are also present. Potential produc- vegetation should be continued for as many years as tion ranges from 1,600 pounds per acre in favorable years possible followingplanting. Trees thatare best-suited and to 1,000 pounds in unfavorable years. As range condition have good survival are Rocky Mountain juniper, eastern deteriorates, the mid grasses decrease;-blue grama, buf- redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, snakeweed, yucca, and fringed sage increase; hackberry. The shrubs best suited are skunkbush sumac, and forage production drops. Undesirable weeds and an- Siberianpeashrub, lilac, and American-plum. nuals invade the site-as range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation on this soil should be based cropland areas provide favorable habitat for ring-necked on taking half and leaving half of the total annual produc- pheasant and mourning dove. Many nongame species can lion. Seeding is desirable if the range is in poor condition. be attracted by establishing areas for nestingand escape Sideoats grama, little bluestem, western wheatgrass, blue cover. For pheasants, undisturbed nesting-cover is essen- grama, pubescent wheatgrass, and crested wheatgrass are tial and should be included in plans for habitat develop- suitable for seeding. The grass selected should meet the ment, especially in areas of intensive agriculture. seasonal requirements of livestock. It can be seeded into This soil has_good potential for urban and recreational a clean, firm sorghum stubble, or it can be-drilled into a development. Increased population -growth in the survey firm prepared seedbed. Seeding early in spring has area-has resulted in increased-homesite construction. The proven mostsuccessfuL chief limiting feature for urban development and road Windbreaks and environmental plantings of trees and construction is the limited capacity of the soil to support shrubs commonly town in the area are generally well a load. Septictankabsorption fields function properly, but -suited to this soil. Cultivation -to _control competing community sewage systems should the provided if the vegetation should be continued for as many years as population density increases. Because of the permeability Possible following planting. Trees that are best-suited and of the substratum, sewage lagoons must be sealed. have good survivalare Rocky Mountain juniper, eastern Lawns, shrubs,-and trees grow well. Capability_class I ir- redcedaz,ponderosa pine, Siberian elm, Russian-oBve, and n ed hackberry. The shrubs best suited are skunkbush sumac, 32—Kim loam, 1 to 3 percent slopes�T his is a deep, lilac, Siberian peashrub, and American plum. well drained -soil on smooth gains and alluvial fans at Wildlife is an importantsecondary use of this soil. The elevations of 4,900 to_5,250 feet. It formed in mixed eolian cropland areas-provide Favorable habitat for Ping-necked deposit and parent sediment from a wide variety -of pheasant and mourning dove. Many fornests nongame species can bedrock. Included in mapping are smallareas of soils that be attracted pheasants,-establishing-areas nesting and-escape essen- have loamy sand underlying material. cover.-Forohould undisturbed nesting-cover is develop- Typically the surface layer is brown and pale brown tial and should be included in plans for habitat loamabout 12 inches thick The upper 28 inches of thearn- ment, especially in areas -of intensive agriculture. Range- derlying material is pale brown loam.-The lower-part toa alttrdacted wildlife,b for example, the pronghorn antelope,nglcan be depth of BO inches is-ale brown fine sandy loam. attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. Permeability is moderate. Available water-capacity is high. The -effective rooting depth is 60 inches or more. This msoil has cgrea potential pp for o urban go and recreational development. Increased population growth in the survey Surface runoff is medium, and the erosion hazard is low. area has resulted in increased-homesite construction. The In irrigated areas this soil is suited to all crops com- chief limiting soil feature for urban development and road monly grown in -the area, including corn, sugar beets, beans, alfalfa, small grain, construction Septi is the limited capacity u this soil to support potatoes,and-onions. An exam- a load. Septic tank absorption fields function properly, but ple of a suitable trapping system is 3 to-4 years of-alfalfa community sewage systems should be provided if the followed by_corn, corn for silage, sugar beets, small grain, population density increases. Because of the permeability or beans. Land leveling, ditch lining (fig.B), and installing of the substratum, sewage lagoons must be -sealed. pipelines-maybe needed for proper water applications. Lawns, shrubs, and trees grow well. Capability subclass All methods of irrigation are suitable, but furrow ir- IIe irrigated, IVe nonirrigated; Loamy Plains range site. rigation is the most common—Barnyard manure and com- 33—Kim loam,3 to 5 percent slopes. This is a deep, mercial fertilizer are needed for top yields. well drained soil on plains and alluvial fans at elevations In nonirrigated areas thissoil is suited to winter wheat, of-4,900 to-5,250 feet. It formed in mixed eolian deposits barley, and sorghum. Most of the acreage is planted to and parent sediment from a wide variety of bedrock. In- winter wheat and is summer fallowed in alternate years eluded in -mapping are small areas of soils that have to allow moisture accumulation. Generally-precipitation is loamy sand underlying material. too low for beneficial use of fertilizer. Typically the surface layer is brown and pale brown Stubble mulch farming, striperopping, and minimum til- loamabout 10 inchesthick. Theupper 28 inches of-the un- lage are needed to control soil blowing and water erosion. derlying material is pale brown loam. The lower-part to a Terracing also may be-needed to control water erosion. depth of 60 inches is pale brown fine sandy loam. 8274 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone — 356-4000 - Ext. 4400 i Case Number Date Received Application Checked by Mylar plat submitted Application Fee -ITS—Cr Receipt Number Recordin 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: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: /il -' T 6 N, R 66 W (i Section 1 LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section 3-7_ T 6 N, R 6G W Property Address (if available) /3Gyy %IV Cy Cr e/t1 Bo S PRESENT ZONE /9gricv/'Jury, OVERLAY ZONES I ( f TOTAL ACREAGE ;16:4 PROPOSED LAND USE. oUYcl*nr KO', .,,{• EXISTING LAND USE il9c, ,,/idi..0 / O.,). inr + Lin`; SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: //77 Amy / --- - - - Name: a/ins' 7? y' Eger' �'I Address: 136 y' Lic•k6'S/ City 6 rep k ' Zi Home Telephone I{ 35Z.- /76 7 Business Telephone Ii 6n 5 2/c' c�., /P �,6 - � cio Name: �0 I . Address: 7cjl/ /V!u/nr -f q,. Cit Home Telephone 1/ y y / ZIP f>'PSyY Business # yc3_/n,7 7 �� Telephone APPLICANT OR AUTHORIZED AGENT (if different than above) : is Name: Address: Home Telephone 0 _ Zip H City Business Telephone A List the owner(s) and/or lessees of mineral rights on or theunder properties of record. subject ��, De.g- \ cr n �- /ao e/ ;,. Name: CPL'! J z-/ht-Q!^ f . Address: �,, •,. SD City (7/Wiry' Co Zip qcy s / Name: era)4 j rr soil TS% /60 /1 a/cc• lf/c41! Address: 3 City / Zip ern (70A71./4(70A71./4 n,es 75-% 7V// ///M r-kd /'o Rod Ytk) /Iii/eJa I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contai d within the application are true and correct to the best f my knowle � I ! is COUNTY OF WELD �/7/� STATE OF COLORADO) ) y� • «T/ 1 , Signature: Owner 6 Author?zed Agent Subscribed and sworn to before me this at'llay of CI N cj/ 1€L. N 1A KY PUBLYt% My commission expires _ . ��'p �l 5 � �� Recorded at o'clock _M, on Book Page Lieceptton No, • Recorder -`Wat auyty'Deed Q THIS DEED Is a conveyance of the real property described below, Including any Improvements and other appurtenances (the "properly")from the individual(s),corporation(s),partnership(s),or other entity(les)named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the properly to the GRANTEE and the GRANTOR warrants the title to the property, except for(I)the lien of the general property faxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty Exceptions". The Specific Terms of This Deed Are: Grantor" (Give name(s)and place(s)of residence;11 the spouse of the owner-grantor is joining in this Deed to release homestead rights,Identify grantors as husband and wife.) Mayo C. DeBey F. O. Box 5061 Greeley CO 80631 Grantee: (Give neme(s)and address(es);statement of address,Including available road or street number,is required) Chris Elder and Amy Elder 31209 WCR 17 Windsor CO 80550 Form of Co-Ownership: (i1 there are Iwo or more grantees named,They. III onsi bred to take as tenants in common unless the words"in • joint tenancy"or words of the same meaning sir ard in the space below.) in joint tenancy Property Description: (include county and slate.) .)r 13644 Weld County Road #64 Greeley, Weld County, Colorado as more fully set forth on Exhibit A attached hereto and incorporated herein by this reference Property Address: 13644 Weld County Road #64 , Greeley, Colorado Consideration: (The statement of a dollar amount is optional;adequate consideration for this deed will be presumed unless this conveyance is identified as a gift;In any case this conveyance is absolute,final and unconditional.) Reservations-Restrictions: (II the GRANTOR intends to reserve any interest in the properly or to conveyless than he own.,or IItheGRANTOR Is restricting the GRANTEE'S right in the properly,make appropriate indication.) Oil and gas rights only. Rights to gravel are specifically granted in this Warranty Deed. O R ? Additional Warranty Exceptions: (include deeds of(rust being assumed and other matters not covered above.) 3� C "16 Nv Executed by the Granter on May 9 , 19 89 Signature Clause for Corporation,Partnership or Association: Signature CI se fo(indMduuaagJ,9 Name of Grantor: Corporation,Partnership ////t//� .,.Wj��I/�Ue fi�1r '✓ p� or Association bl L (jJ, (/// Grantor By C By Grantor Attest: Grantor STATE OF COLORADO COUNTY OF WELD sa. The foregoing instrument was acknowledged before me this day pf May ,g 89 By' Mayo C. DeBey WITNESS my hand and official seal. My commission expires: STATE OF Notary Public COUNTY OF ss. The foregoing instrument was acknowledged before me this day of 19 may. (*name individual Granlor(s)or it Grantor is Corporation,Partnership or Association,then Identify signers es president or vice president and secrelaryor assistant secretary of corporation;or as partner(s)of partnership or as authorized member(s)of association.) WITNESS my hand and official seal. OO1 2'r'ya My commission expires: eJ O • Notary Public e 1961 UPDATE LEGAL FORMS P.O. Box 1815•Greeley,Colorado 00632 NO.201 (303)356-6360 - Hello