Loading...
HomeMy WebLinkAbout871223.tiff _ ///N.n,,1...+o A/.d^V . I .0D6S5 31S'XJ 54 S d .$j I ii 1 'e �ia i ° tt d .,. g 4 F -y $ .� $ A\‘ - Z 74., i l'i la, i a I` N I ti , 4t a g C ,,t I eg i $ P } 'It aa° ;,a a h �Ee ed i� a` , a li _ i "ilis#Sbpp Na8 & � fs �. ,� � V tp i a` . jC �r, I, 2, 2 P *a A, o Pi A iF -J! $ I„— J - A, 3 u r' a �—ik I Jjy., .I Q � a1, o)i_Et kit, a ,, ti • 4 I 11 II ffi k Z7 9('i 4 h (_— — 7 1.41?11 i1 " C letpIC " 8 -..1 4 yy -11/4' t[ i qE 1 , P Z aft P JR t< r s i ovw x 7-r1Oa �� 8 Wilk I m s r-77/— > _ . 411 V tt`4r 4 e I /JJ _7/ flflhftl1 a tivatt 0 I //4itAhhfi$P r• a /fir-----J 11 � I` illa gg qhe a ��// / 7 9+ I 1 Ifi 2c i"it14 IIiig W� . 4a3 E° S 5'/c J/ {1 A he ° .ar `leez ai i € 4.3! I I' S d of ; aa{ t��S: .ca UV, —i I e ! • ai8}aa,t'll' " `''t # �/ 11 I I gb s a� !Iibil ��tg s 0 W ..I I❑ ° P- ---/ 1 I I 1 ₹5111 ! eaffi g , "� . 111 —JI I III I s�a� f ti I I� ----I I I 1 I F a �� I it a"40 t a II ------I " I I_ ;$ I g F • � • t / II r— I --�V J #0 a.<-0st I ) Z IIi —� __— I II� �� I ,�I �afpa�lit� . \N- . i t i)_j R� �� ),,•�� /,1 ice"°� 11 �,,:w� ,�s I ill � ; ' ^ , ` '= — I Ill j "v•O lie tea l `\\� y `� i-�-. ��� °�.\ Ian J JJ • S tints - �}� _"""; 31\-Q. Fib q 1Q Li-- 3k-k—3/41 � @ its, aas, a i —T �� 'ate 8 +01' F 4/-4%, �r a3 :Y z$ :W i n 811Zz3 E,_ 1_`• ii! . t 'i 1111111 i !I Iij ! Itf i!. f!{it a{ f t i 'i • ftit `° iU ,i l.j, !: is 1itey. ,, it31 1. , hi! St a t!! o!1 3 . a1a , i_ ii, i 3 i�e: a { _ lalt- �.{,: � it !i t• •i ;' �� � at�. i =•t {� i:l�1 i t•! i- gli - ii - ' fI1 ti f{ i- 1!! i ! ! !! 1 r33! a1 !_ rift.!1!! ti ii ! '{:!!! -` l i _� !f if-'�ii i°• �<�ila i ti !� !a 3t r� 3S it l�'p{ Sitll:� III: iiil.. ,�_{f: �{. Q i :t Ili;I% L 1!!.11 i. QQ !__°i t { { t = 1•f lea : •!• HIV. a i e;ai t t :-!•II• 1 r.!.ij S t• e a :t :!•^ 1• {.i- pE I -ar 1 aizerti 1 ! { '-! i a 1ili- p ! :I e- t Z {t i t i.,_:tI I' !' a.: E 1- • > � �_t' li ifi' ,�i if at f" i. � •i ir�:,f i!!iit�_i�i f! -li [ f� i= S! �: �! gg.t! :•- J���,� !i �3� ai a : ilicif!� i{:..a S fn a -1 !:i:i t{. z! ; I- i.! fi • !t f i i 3 { i-e! t } is 1 r �i' 3 i•1! S i•ti?{tt(i i i =• i ! iiit ij a I .1 1. � _ {- f _ i�.� � .1 1 ! _,_ ! '-=i't _r t4r 1 i1� i� ~ 9E �i I!.t it;iii_ 1.Pi!;I!i{ cl 1 ,,,!y i f. !sjiii i:u' 1 !;!1{ij ft- ° II iefi i i itli i hi f 14 ., fii Ilii! f _ is • !i ! ;' 11-I !! :f =!j• 1_;1}!t: S 1't {� � i_ { I.^tc :! a._.i` t! il, z l•If ! ii ti!fi a f till {1! •il !ti F!!f{ l;.'3-j!lilt-{t t lil6ijfi 3=1i i 1af i i, ii ig 1IiI i:= !ri =1•'_!3t a _.!-i: ≥ ! i' s fa ! !ir' f .t -ta t U.:, ref!.1_.i 'fief.! f ! i_ !-, • ! iii f::t tt! is-' =l Il S•• :Ili=iii!!!"•1 lli iii! { ! { ! ii_^._!!f ll! ! V li;i !-. !-i!�i-i !a !.i�{i� =1 i! a'=�, -1 T 1lS;il �^t_E 1!•, i:�::!fie!: �{ f !: III IiS i,r.:aa {r �"i �-� i jt.te t_fl:!,i! if ii.i 1 `'f :- 'i f !: i : .! !i'3. .f Ii... ' 3 i!i ! .=t•a! rt {• 9!' f! i - i_- tit yi l !" ii:! ('1;1 - !_! !ii_il ti!lit P 'i. { f!: q!:=mil t tv!• =ii !1!- tt j�es: it!•+1°i"! ii i•-!_ [fl ifs ii :1 j•i iiiit�4 l::i✓?-�{1 i�i:id of lit it:{:!!ii!i,f�:•ll:ii ii-_i S itlf f�' a-i: it Lffi li lfi:i{�ai 11 lilt fli,'l 111 1!1 ill t :fil:333!!thinly !Si::l ill itl ill:l!I!i all!!f!lfil With'iE!! '1!1!q :1l3 ` f1 di - sg Wq Wa M 12 O V co u Js i su r 611131,1 , o I U) OW a� V 18 i -.:,; 52 gi m °u • rEeLw1 $ tin $ o X ¢:a V ; 1 E� eq o _ 9 '...\ ...__,.._ „ i =o a ; a-----).. �.. --� . CC• 4 fill:.• ^\ �-. `- i `�,.lci"aaut°moioa — -1; \ r•7 °a: ,, \ � �: w Y ji 'i , 11 l37 ! -'/��f YO] Y4 Y Ys i t=if Y= a 15 gt "aS -s.. :5 1515 i= ii 11 1.i Ei El :l 5i _i $$4 / �-._ 7t I f/ Iggi 3 a 6 __ 3 l}if II 1 ! 1• . �.� /p: # i3 if g 7 . # 4 2 3: x;: 1 y{; !ff r . .��p - � _ 1z %J '- f.'• 7 .1T7_ ----- =----.i' , �� �_f _- 3r. a : il1; ; i ! • 4 i m+ gY ' lj x.-.te a _1 _ �I 11 G N•:tl pak3 J '1 : e. III �r�l'" ,y� � i Ili i 8:r: OOJe. W ,I" it E laiir• �' ' y a \II it -IIII:. 1.11Iu dl' j i �Be \\\\\ �Ifir ps ' 15 s fcci II° � I Bk \\\ rr 15 av • .- g fri 3 1. -r _ - D_-- -_-:-:;,1',,,ri. ,:,-. ..,,,, ll 1 ll - .a7r p - 191 /CI II _...—. lea , ` a I :714,";:*__.---_— -1 :,.,47.. .. 11-17-- Ile r --_ -----� II — -1 �I es /( I( 1 } 1 I lir „..... ._.._ .. ii . mi i�i ---- s III(, . _1 a-' =-=-- -- - t[-I,' -- ------1 IJI�r —. 1 I - II 53 !! Ur g'i .' II( ] II r 1 1 ii' I. \ I I ---- 1 III(r -\ G I Q S 11( di— __ ow i; 3 1h 1 r (' . : 2 C �I IC II 1 '/ _ n I I. I1E l1 ,--ir�r,r,r 1r 1511 '-----) ' .<,-�`,./..,.,...,..:.-;,-;:g..,.:-.-'•;. 2 1 -, i g = 1 I " /� Y ' �) l,-I I 41---� ;/ . , f FI I l e r---� r„/ ' . , •. I , . ou 1. } 1 P �'r I ' I I 1 .oar= r ' r 1' &\\�\\\ \\\ \\\y pc s( \ •\ \ \, (, \ I\\II�g / =g I I. I s1 '� i�-ri m' ie r : , p@. 4l\ `.\ 1\\1li \11. ;f" (il ,i \i , ll� li .} �� ' ` , Ii I ill ' : \I \II \ .\ \ ff\ \ i \ # \\\ I f - I --��.I -} .- (IT I--]`.1 1 I I. AAP. ' i .� \ \\x\ 11 \\ ' 1 \\ 1 r\ \ \ '\ \ \ \\\ —_J `�;Jr :J •` ''17s 0 ' \\ \s\\\ \.\ \ Lg. \ \.T\ \ \\\\ --a -'/ ` 1 . :fl t s A A I\ \\\,\\\\\\\\\,,, \\� \ \. \\-\,\\\\ \\ r`• - �rl L14!1:::, .1 III :": I �� � ___I a 6I rat -s � '\\\s\'\1�1 'i \ k a �\ -\�� ���\\\ v � v�•r•_h_�5 '• fie �Y�'y„n 3 ".`s t R i1\\'\\\\\\\\ pa\ .\ \� \•\ \\\\ is I� i-_�._v,� r V1 3€ 9. 9i , 1 ..111‘1 Q • \\' ' ` \ \ 1.. \ 1 \ l t _ ��.---r • •• . ee.v+.�'1-4 FP i Ii; I I1 , \\ f1 \ 1 i Ali\ j/ i\ . R. �..� Ii2 --� 5s e I I' 6. I'Rt J 11 v. vvAvI , \ vv1vIIIfI_jl ,� _ G ;a I' aIt= NOLN OHL 30 ALn A , y '-•"--flaC I(19 I in.,. nasal O!e€� to 4 mA. ,mPo 4 I _/ • • {{ i r 1 a~0 ajj is rit Mi3 i `! d s teitjt !:! j3j !d 1.!l 1 lii i !-dll -b,;' I i- e i i it 1i - 1 i d 1 1'E "tlj '1 i7lii III s 1 i- rd i:-il*, di:i 11 - 1 ! a ei d:i ; a3, it d _ l t"a i R {sl Y ;iai' fill s i" i i ; d %_.= s r . Ii !S e 14 Jr s S 3 -I 1t' it•E! E l. , !! !jiA asi ll fag -..O iri iqqif�! 111111 Zit' ti id 3 !Y !j '141 !iIIE !-F. G Ii di5 Sal it is i J! ;1i1 igis(a !a•_ it i6 n I I idi .ita di !IF ; , j !�1 lit ; jlaf :!1 £f 1: j !i si a;la !tide sis I 1�. "-i-i' iii ,Fa'3 is ii t.si is !a t!1: ._ 1 a —to 3 ij' aI'ill 4 ,11.- dF l ! �-: li-_� d i 1t !; 1 ai = is'" nT2ill ja ir id I'; a is is :11i $ aaa ila i11! � Y!a do .i .i it.i j3 l t sI1a i1 !_ d:;= -* €_t S 1js a ii I.. !-is Ise#- 1 Ian gill ilia I ill -I !li iji it i.. =!=k11 =! .13 €i is i I. ' !S i irr Iiii` i !Sill!l;a4a !i :l "ni ti d Ai! S 4 Iii O - ►- OO JD a< . W Y.O =O UO SH • JI JO III Yfam r0 j0 K ~WU_ �44UZ o 1 s xgem uIL Z �•• 'o•.% _ Y / a f >Q °c"=o ‹. 5 ;.: o V ° r ,--- \ f , • i Q m all 'r� .-.i L /'!^--_ . �"--"-1 3 fl. _ CC 4 15 / R9i'JINN OOYUOl00 '�-----��'-'�.' r7• O , ' 1 ~IIr-1 I i ! ' 7 I. 71 I- i is 1 l eI tj li 1 i i i 444 t Si :4$ F� _ ":.-S _ 0 i ill ge xii:,...,g,7,2 : i ...,. s c, 1,I, !,; ;Ii tr• . a q ., 1S' - i - 7 ' x .. . .E € ■ ;'3 it a* 1 J 4 �3 �,.`. ` 7• `s - I 7 7! L '3_ -L i .-- 11113 11513111 i i a IQ s eN a r___,-__....„,on,„_____t _ 1\` ^ , // / �� �- 1111 1k I 4 . ' 6 N 1 ni' ' ` k r" / / / \ �j { �''y: : tl i 0, 11 i 1 ! I1 4� ( \ i )1z- ' 1 a �: aP V _ l ; �'% $f� f•1 . 1 , 4 SIP 1_ �..... {y�l,.:t .....�•n., 1 j# Cd . l 1 . 88 S. � � <�• ,te 0.a ' 1 I I \i 1 l \ ` I ' L ,u. :-. ',IL• 'A- I I a r • w i -'t.. . l• k-_,---kn'.0 I:41-7r4 - ..Ap% t,„, , , I l�� m ' \ L au.?Nt4 \� II} -•t ti. yr- j?: :74 eu . I.] h 1(`^+._. ". 5'' 71-' • h . C�z....ki4a i•.!d 3 i tea 4 f ..,s yam!, .-, f ! w'ft+ `C \ y i ¢f re; a \a A S W , 14. t- 3 i : \\:. `• �'\ \o.\� Ni <y° \\k' T^eixx- .�..,, 'j • i ..ti~'3r. ! ([( F c ` y Icy, .. \ , \ •\ \ \ ` l by ll• - _ l i:4-, ' , l 4 ell PyN a 1Ai ♦ ! is Q ill 4r11/2fro _ .t R ' :i}% 11. Vii ,I O ,v4 ,,,L.; e. .; 1, ryL,-,-• 4l€ 4----. :Z n• yi , ==__ .._� t .ctf —'dh `1 I a$ .: ,11--b ill _ it , �I _s,k7 :'�7 ^` /I i a>j i e ..0 ,•-I -- $ '� B vEvitaA _ ‘,-....1.-ti-p S an`P ' I r ,, • , " ,—s) n ) f01, 3E i I ! � T I r Ot a rr }'� .o` a_ �...,., i y -- i f V 4 iV Fal.3 V • f�.. �,3 j Il0 {i�.V.-:/;,--;_-.:3;—,.-7._ .•-l{ In a 4.wy I— " m .P.,11 1 „�till +] r =.par, T1.' • t _ 6 � ' ,,as4� K it • er; „. i .. l.M• I 1 '.-_.' •:.(Z,,.'-‘s� ;Alit ;AY itr, .S:..:• �91!`(1a ° (( _ `u�; .. ._ _ . a .:r•q }. a :•w sa, yi1 p e _ aria."' 4— 1� 1 RESOLUTION RE : APPROVE USE BY SPECIAL REVIEW FOR A 100 , 000 HEAD SHEEP LIVESTOCK CONFINEMENT OPERATION - CACTUS HILL RANCH 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 16th day of September, 1987 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Cactus Hill Ranch, 38990 Highway 257 , Fort Collins , Colorado 80521 , for a Use by Special Review for a 100,000 head sheep livestock confinement operation on the following described real estate, to-wit: W} SW} , Section 21 , Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Mike Ketterling, of Norton, Underwood and Lamb, and WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows: a. The proposed Use by Special Review is within the Town of Windsor ' s Urban Growth Boundary Area and is consistent with the Weld County Comprehensive Plan as outlined in the Urban Growth Boundaries Goal and Policies Section. Urban Growth Boundary Goal 2 explains that land-use regulations in Urban Growth Boundary Areas allow the County and the 871223 Page 2 USR - CACTUS HILL RANCH municipality to coordinate matters affecting the orderly development within Urban Growth Boundary areas. Representatives of the Town of Windsor reviewed this application and recommended no objections on July 13 , 1987 . b. Urban Growth Boundary Goal 3 explains that Urban Growth Boundary Areas provide an official definition between future urban and agricultural land uses. The proposed Use by Special Review site is located approximately one mile north of an annexed portion of Windsor. The surrounding area is zoned agricultural. It is the opinion of the Department of Planning Services that the area will continue to be zoned for agricultural uses. c . The proposal is consistent with the intent of the Agricultural District and is provided for as a Use by Special Review. The proposal is a livestock confinement operation for sheep. The proposed use is compatible with the future development of the surrounding area as permitted by the Comprehensive Plan of the County and the Town of Windsor. The proposed use will not interfere with the agricultural activities or other activities related to agriculture . d. The proposed use is not located in an overlay district. e. The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. f. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a 100 , 000 head sheep livestock confinement operation on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 871223 Page 3 M SR - CACTUS PILL RANCH 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use thy Special Review plat prior to recording the plat. 2 . The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . The applicant shall amend the Use by Special Review plat to show a total right-of-way reservation of 75 feet from the centerline of State Highway 257 . 4 . Within 30 days from the date of approval by the Board of County Commissioners, the applicant shall: a. Submit a copy of the highway access permits to the Department of Planning Services for the three accesses shown on the Use by Special Review plat. b. Submit a landscape plan to the Department of Planning Services for review and approval. The landscape plan shall be for the western property line only. In developing a landscape plan, the concerns of the Division of Highways , as expressed in its letter dated August 20 , 1987 , shall be addressed. c . Submit evidence that an emissions permit for fugitive dust and odors has been applied for from the Air Pollution Control Division, Colorado Department of Health. 871223 Page 4 USR - CACTUS HILL -RANCH The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 76th day of September, A.D. , 1987 . /'. � -?DARD OF COUNTY COMMISSIONERSATTF,ST: fv q./4-, WELD COD OR Weld County lerk and Recorder and Clerk to the Board Gor c , irman C -J L� $Y�— �m nc-L-.' IC W Irby, Pro-7 mDe uty County C(Le(--f--7t-a---' APPROVED AS TO FORM: ene T. Brantner ( �� EXCUSED JDATE OF SIGNING - AYE \ `` �'j J ue e Joins n \. Cif-c— � �i 6 ���<<� � �� / County Attorney Frank amaguchi 871223 DEVELOPMENT STANDARDS CACTUS HILL RANCH USR-803 :87: 29 1 . The Use by _Special Review permit is for a livestock confinement operation far sheep as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The maximum number of sheep permitted is 300 , 0-00 . 2 . Landscaping shall be installed on the western perimeter of the Use by Special Review site along State Highway 257 , and shall be maintained according to the "Landscaping Maintenance" definition in the Weld County Zoning Ordinance. 3 . The applicant shall _remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies , insect pests , or pollutant runoff. The manure storage site shall have a water-tight surface which -does not permit seepage or percolation of manure pollutants into the ground. 4 . The applicant shall he responsible for constructing and maintaining the runoff retention and containment facilities in accordance with the State _Health Department's Guidelines of Feedlot Runoff Containment Facilities and standards stated herein. The applicant shall be responsible for any -additional requirements issued by the Weld County Health Department. 5 . The applicant shall obtain the required emissions permit for fugitive dust and odors from the Air Pollution Control Division, Colorado Department of -Health. 6 . A Weld County septic permit is required for the four proposed mobile home septic systems. The septic systems shall be installed according to the Weld County Individual Sewage Disposal Regulations . 7 . All construction on the property shall be in accordance with the requirements of the Weld County -Building Code Ordinance . 871223 Page 2 DEVELOPMENT STANDARDS : USR - CACTUS HILL RANCH 8 . The property _owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance . 9 . The property owner or operator shall be responsible for complying with the Operation Standards of Secti-on 24 . 6 of the Weld County Zoning Ordinance. 10 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the _Development Standards stated herein and all applicable Weld County Regulations . 17 . The Use by Special Review area shall be limited -to the _plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations . Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans _or Standards ere permitted . Any other changes shall be filed in the office of the Department of Planning Services . 12 . The property owner or operator shall be responsible for complying with all ofthe foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. 871223 HEARING CERTIFICATION DOCKET NO. 87-56 RE: USE BY SPECIAL REVIEW FOR A 100,000 HEAD SHEEP LIVESTOCK CONFINEMENT OPERATION - CACTUS HILL RANCH A public hearing was conducted on September 16, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Planning Department representative, Tod Allison The following business was transacted: I hereby certify that pursuant to a notice dated August 17, 1987, and duly published August 20, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the application of Cactus Hill Ranch for a Use by Special Review for a 100,000 head sheep livestock confinement operation. Bruce Barker, Assistant County Attorney, made this matter of record. Rod Allison, Planning Department representative, incorporated the Planning Commission's favorable recommendation concerning this request, which was subject to four Conditions and thirteen Development Standards, into the record and gave the Board -copies of a letter from the State Highway Department. He said certain changes in Condition #4 have been recommended, based _upon this letter. He also stated that the Board may wish to delete Development Standard #5 concerning xunoff water. Mike Ketterling, of Norton, Underwood and Lamb, came forward to represent the applicant. He explained why Development Standard #5 is not necessary. No publi-c comment was made 'concerning this request. Commissioner Johnson moved to approve this request for a Use -by Special Review, based upon the Planning Commission's recommendation, with the recommended changes to Condition #4 and the deletion of Development Standard #5. The motion was seconded by -Commissioner Brantner and carried unanimously. This Certification was approved on the 21st day of September, 1987. APPROVED: • y�rr Yz'J c� ?c cG^ ( nJ BOARD OF COUNTY COMMISSIONERS ATTEST: I WELD £0 TY RADO l Weld County Clerk and Recorder and Clerk to the Boar Go d . a , an D puty County Cle C.W irby,'Pro-Tem/ Gene R. Brantner EXCUSED DATE OF APPROVAL Jacc� elin/e Johnson Frank Yamaguchi TAPE #87-95 DOCKET #87-5-6 PL0394 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: SEPTEMBER 16, 1987 DOCKET # 87-13 COZ, A to PUD, CECIL W. KING (CONT FROM 8/26/87) DOCKET # 87-55 USR-HOME BUSINESS (CUSTOM CABINET SHOP) WENDELL & CHERYL D. WILTS DOCKET # 87-56 USR-100,000 HEAD SHEEP LIVESTOCK CONFINEMENT OPERATION - CACTUS HILL RANCH DOCKET #87-58 USR-AG SERVICE ESTABLISHMENT (FIREWOOD & WOODCHIP PROCESSING) WES MOSER & SONS NAME ADDRESS HEARING ATTENDING 9,a aid 44- r 7/97II t. i'tt.. (3A1 IS/ 11 -/3 (' 0 z e_i_Le Y70 7 Ai C P2 9 .7 4�`y,,ti 8 7 -/3 Co ≥ '— die, 2117 k7C ,P x'`37 / -e4,-,4-e-4--' ?r-/3 CO,a /� (Pr's Nor-forts Urtderubo -4- Larva. gull k //� ecitn_. /020 214th Ave_ -suit _ zo Greeley 87—St Ael 2)63 /- a E/Cv 6/o f37-� i) eit w . 1-4) 6 y7 *4.7 . 6 tic Colo S' 7- CCs 44c, e yr. scar 1,2623 C, ?Ci? tir. 171.tdsah (i, In 97-57 kel,AL,T1it.t1GO,o, \ . 22n \ '7hz ' Z1.o,, .., i (7--v (;- (_; I- (-C... ,x4 .j 871.221 STATE OF COLORADO DIVISION OF HIGHWAYS no P.O. Box 850 �"`"` No Greeley, Colorado 80632-0850 : _ �f (303) 353-1232 -A "'� August 20, 1987 Weld Co. - S.H. 257 Cactus Hill Ranch, S.R. 1 Mi. S. of S.H. 14 On E. Side S.H. 257 DOH FILE 45100 Mr. Brian J. Bingle Department of Planning Services Weld County 915 Tenth Street Greeley, CO 80631 Dear Mr. Bingle: Our July 7, 1987 letter to you on the Cactus Hill Ranch Special Review Permit application included comments on several issues. In response to our comments, Mr. Michael C. Ketterling, P.E. , has sent the enclosed August 10, 1987 letter. Our staff recently met on-site with Mr. Ketterling and the special review applicant, and an agreement was reached on the highway issues as follows: 1. The necessary area will be reserved by the property owner for a future 75-foot right of way east of the highway centerline. If landscaping is required within this reservation, it should be located as far to the east as possible so as not to conflict with future widening of State Highway 257. Landscaping within this area should be limited to low-profile shrubs which will not impair sight distance at the highway access points. 2. Based on Mr. Ketterling's letter, we agree that the traffic impact of this lamb feedlot expansion will not require turn lanes at any of the three points of access to S.H. 257. We are convinced that the two access points at the north end of the property described in the letter, and one at the south end, are needed for the safe and efficient operation of this feedlot. An Access Permit will be obtained by the property owner to document the three permitted access points and the closure of two which are not needed. 3. The owner will locate the proposed employee mobile homes as far away from the highway as possible to minimize the potential adverse impact of traffic noise. 4 AU G 2 i 1987 � t _______ an22 Weld Co. Planning Commission Mr. Brian J. Bingle Weld Co. - S.H. 257 August 20, 1987 Cactus Hill Ranch Page 2 We appreciate the applicant's cooperation on this matter. Please let us know if you need any further information. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER J fl ,71- ,�o K.c Crier Planning/Environmental Manager JKC:pc(WJ) Enclosure xc: D. Yost Area Foreman File: Crier-Jacobson via Chotvacs 87Af)i93 NORTON. UNDERWOOD AND LAMB, INC. ENGINEERING ASSOCIATES 1020 28TH AVENUE SUITE 205 GREELEY, COLORADO 80631 303 -351-0550 August 10, 1987 Mr. John Crier District Planning/Environmental Manager Division of Highways P.O. Box 850 Greeley, CO 80632-0850 Dear John: RE: CACTUS HILL RANCH FEEDLOT U.S.R. DOH FILE 45100 Our Project No. 8712 In response to your letter of July 7, 1987, to Mr. Brian Bingle of the Weld County Department of Planning Services, we would like to address your items of concern: 1. Cactus Hill Ranch Company is not opposed to reserving an additional 19 feet + of their property (to provide 75 feet east of the existing centerline of State Highway 257) for future highway needs. Under the existing use and location of facilities, however, the relocation of the right-of-way line would fall within 10 feet of the existing employee mobile home, scale house, and office, through an 800 foot long pen and through the embankment for the existing stormwater runoff containment pond. Additionally, as a condition for approval , the Weld County Planning Commission will require landscaping along State Highway 257. It is proposed to utilize the eastern portion of this reservation for planting of the necessary landscaping. *2. The operation of the existing facility generates the following vehicular traffic (vehicles exceeding 30,000 lbs) : Filling the feedlot - 2 trucks per day (2 month period) Feed grain delivery - 1 truck per day (9 month period) Total : 3 trucks per day Taking lambs to market - 1 truck per day (4 month period) Therefore, the existing maximum average daily traffic accessing this • feedlot is three (3) trucks. Of this number, occasionally two trucks will access the site during any given daylight hour. Passenger vehicle traffic is minimal because most of the feedlot employees live on site. *Information supplied by Cactus Hill Ranch Company AUG 13REC'D • 871223 Mr. John Crier Page 2 August 10, 1987 Under the Use by Special Review proposal , the following traffic will access the feedlot (vehicles exceeding 30,000 lbs) : filling the feedlot - 4 trucks per day (2 month period) Feed grain delivery - 2 trucks per day (9 month period) Total : - 6 trucks per day Taking lambs to market - 2 trucks per day (4 month period) Therefore, the proposed maximum average daily traffic accessing the feed- lot will be six (6) trucks. It is not anticipated that more than two trucks will access the site during any given daylight hour. Because the feedlot expansion will increase the daily traffic volume by greater than 20%, an Access Permit will be applied for, through your office. The present State Highway 257 roadway consists of 2-12 foot travel lanes and 2-eight foot paved shoulders. According to the State Highway Access Code, speed change lanes are required under the following conditions (assuming the highway DHV exceeds the values given for a speed of 45 to 55 m.p. h. ) : Right turn decel lane - access DHV greater than 2.5 Right turn accel lane - access DHV greater than 7.5 Left turn decel lane - access DHV greater than 6 The above values are based on the assumption that the percentage of traffic which are trucks exceeding 30,000 pounds gross vehicle weight is greater than 7% of the access DHV. Due to the fact that the proposed average peak hour traffic will not exceed 2.5 trucks per hour, the need for speed change lanes on State High- way 257 is not anticipated. 3. Cactus Hill Ranch Company currently has five (5) access points to the exist- ing feedlot; three at the north end, one by the sedimentation ponds, and one at the south end. For a Category Three access classification, no more than one access to a parcel is allowed unless addditional access would be significantly beneficial to the safety and operation of the highway. The northern most access is opposite Weld County Road 80 but does not appear to have the potential for signalization. Cactus Hill Ranch proposes to eliminate two of their five existing access points; the second access point from the north and the access in the area of the sedimentation ponds. Access at both the north and south ends of 871223 Mr. John Crier Page 3 August 10, 1987 the feedlot will increase access safety to State Highway 257, and operation efficiency. The two access points at the north end will increase the safety of truck movements in the areas of the scale house and feed storage. It is anticipated that Cactus Hill Ranch will seek a variance from this standard of the Access Code at the time a permit application is submitted. 4. Regarding the location of the proposed mobile homes at the northwest corner of the site, these homes could be located a minimum of 95 feet from the centerline of State Highway 257. Adequate space between these homes and the proposed silage pit is required for parking and the septic leach field. We will be happy to answer any further questions you may have regarding this proposal and look forward to working with you on achieving an access plan for this feedlot. Sincerely, NORTON, UNDERWOOD AND LAMB, INC. Michael C. Ketterling, P.E. MCK:jc cc: Mr. Ken Nelson, Cactus Hill Ranch 871223 NOT I C E 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 Use by Special Review 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 can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, 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. 87-56 Cactus Hill Ranch 38990 Highway 257 Fort Collins, CO 80521 DATE: September 16, 1987 TIME: 2:00 P.M. REQUEST: Use by Special Review - 100,000 Head Sheep Livestock Confinement Operation. LEGAL DESCRIPTION: W} SW}, Section 21, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile north of an annexed portion of the City of Windsor, east of Weld County Road 17 or State Highway 257, and north of Weld County Road 78. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Barbara J. Patten, Deputy DATED: August 17, 1987 PUBLISHED: August 20, 1987, in the Johnstown Breeze /- 87122 rtH/s, T� AFFIDAVITOF PUBLICATION THE JOHNSTOWN BREEZE SPATE OF COLORADO 1 1 as NOTION COUNTY OF WELD 1 I,Clyde Briggs,do solemnly swear that I Pursuant to the zoning lass of - am publisher of The Johnstown Breeze; the-State of Colorado and-the that the same is a weekly newspaper Weld County 2 Ordinance, printed,in whole or in part,and published a public hearing will be held M in the County of Weld, State of Colorado, the Chambers of the Board of and has a general circulation therein; that County Commissioners of Weld and newspaper has been published County, Colorado, , 915ld '10th 1 th • continuously and uninterruptedly in said Centennial Center, 'el th Street o Fst Floor, Greeley, _County of Weld for a period f more than -All A persona at the time • manner fifty-two consecutive weeks prior to the persona in any. Sannar first publication of the annexed legal notice interested in the q' Use bY.Special or advertisement;that said newspaper has �and may are requested to attend be heard. been admitted to the United States mails as second-class matter under the provisions of -Should the" applicant or any the Act of March 3, 1879, or any interested Party desire -the amendments thereof, and that said make prekenae a court repoer toproceed- - newspaper is a weekly newspaper duly • ea record addition of the • Inge in h to the taped qualified e for is publishing legalmeaning notices and record which will be kept during h of the ts within the meaning of the the h u�mnp, the Clerk to-the laws of the State of Colorado. Board'salist can r i contacted That the annexed legal notice or advertise- rer reporters list of ceaifietl court ment was published in the regular and PwtIs in -area H a entire issue of every number of said weekly obtained,the Clerk to newspaper for the period of ./.. consecu- ad Bt Ivwi fig Office shall be at leas In witting of each aotltln live insertions; and that the first hearing renal five osys eng to.fha publication of said notict,•,w7�s,in the issue of r The cwt en borne- y said newspaper dated.$/.2 q,, A.D. ISt�.7, reporter shall be bores by the requesting party. and that the last said ion of said notice of swas in the issue of sad newspaper dated BE IT ALSO KNOWN that"the A.D. 19 text and maps so certified by the • In witness x•heresf I have hereunto set Weld County Planning Commis- my hand,this ..L,1 day of Q eft may be examined in the. A.D. 195..7 / f once of the Chou to the Boaenof /RSJ J inCounty Commissioners, located %�i'/' "/ s lal the Weld County Street, RUM . Center, 815 ,10th Bado. TIMb publisher Floor, Greeley, Colorado • DOCKET NO. 87-56 -APPLICANT Subscribed and sworn to before me, a ants Hill y 267 Fort Collins,Highway 521 Weld,Notar ate of in f and for the 4..dry of CO 80521 Weld,State of Color o,this...�3..day of ��. AD. 19..7... r DATE: September 1Q 1987 O � TIME: 2:00 P.M. o.;/ ;1' ,, 70,s•z_�-- REQUEST: Use by Special �`(�G, r+K• Notary Public. Review— 100,000 Head Sheep _Livestock Confinement Opera- . non. My commission expires LEGAL DESCRIPTION:WA SWW, IA ':,yh:1 Section 21, Township 7 North, Range 67 West of the 6th P.M., P+'. ( ; ' ic''in expires June Weltl County, C5loratlo. - ,.3fichh Avenue LOCATION:Approximately 1 mill ,�.� yyD,Ui) gQ5 north of an annexed pgMlo of ' 84 the City of Windage.east et Weld County RoadHigh- way 257, and north 17 or too Wald County Road 78. -BOARD OF COUNTY COMMISSIONERS . WELD COUNTY, I7OLORADO BY: MARY ANN • COUNTY G CLERK AEryi0p. - RECORDER AND CLERK TO THE BOARD BY: Barbara J. Patten; Deputy DATED: August 17, 1987 - . PUBLISHED:August 20,1887,le the Johnstown Breeze 871.223 AFFIDAVIT OF PUBLICATION STATE OF COLORADO 55. COUNTY OF WELD � `s" I, " B'/ / " I i m YFl-S ofsaid County of NOTICE 21,Townshis 7 North,Range 67 West of the Weld, being duly sworn, say that I am office manager of 6NY.M.,Vela County,Colorado. Pursuant to the mooing laws of the State of THE WINDSOR BEACON,INC. Colorado and the Weld Corte Zoning LOCATION: Approximately 1 mile north of Ordinance, a public heathy will beIliffi In an annexed portion of the City of Windsor, the Chambers of the. Board of County east of Weld County Road 17 or State a weekly newspaper having a general circulation in said Commiasimen of Weld-ferrety, Colorado, Highway 257,and north of Weld County Road Weld County Centennial Center,'915 10th 78. County and State, published in the town of WINDSOR, in Street.First Floor,Greeley,Colorado,at the said County and State; and that the notice, of which the -time specified. All persons in any manner BOARD OP COUNTY COMMISSIONERS- Jnterested in the Use by Special Rods are ' WELD COUNTY,COLORADO annexed is a true copy, has been requested to attend and may be beard. Shoud the applicant or any interested party MARY ANN FEUERSTEIN _published in said weekly for desire the presence of a court reporter to CLERK AND RECORDER -p I —successive an mike a record of the in addition ND CLERK TO THE BOARD weeks, that the notice was published in the regular and -to then record wMch wHl�be kept during entire issue of every number of the paper during the period the hear ,nl g, the Clerk to the Board's Office .:9Y:Barbara],Fatten,Deputy and time of ublication, and in the newspaper proper and can be contacted fora list of certified.court -p reporters in the area, If a court reporter is DATED:.August 17, 1987 not in a supplement, and that the first publication of said obtained,the Clerk to the Boards 0®a shall ; Milliard the Windsor Bean Augmt 20, notice was in said er bearin the date of the be advised n wilting of such action at feast 1987. - pap g five days prior to the hearing. The cost of engaging shall be borne by t� day of �.L4(-IyG-A-a A.D.. 19 � the re — and the lastpublication be ring the date of the gE IT ALSO KNOWN that the text and maps so certified by the Weld County da of Planning Commission may be examined in Y .A.D. the office of the Clerk to the Board of County and that the said WINDSOR BEACON has been published Ctmirhmers,located in the Weld county continuously and uninterruptedly for the period of 52 Centennial Center, 915 10th Street, Third consecutive weeks, in said County and State, prior to the Floor,Greeley,Colorado. date of first publication of said notice, and the same is a DOCKET N0.8736 CactusNUCANT -newspaper within the meaning of an Act to regulate printing 30990 Highway 257 of legal notices and advertisements, approved May 18, Fort Collins,CO 80521 1931, and all prior/Is so far as in force. DATE:September 16.1987 "IA/ 72'L_'67n1 ' '17►II?, 2:00µm. �� OFFICE MANAGER 3EQUEST: Use by Special Review•100,000 aRlon. Sheep lit Cordimmtent Open LEGAL DESCRIPTION: W%SW%,Seethe Subscribed and swo t befo e me this day of • , 19- _ c?,) 0' ' C _ My commission expires v-Q 871223 1223 DATE: August 17 , 1987 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you -have no obj-ections, we have tentatively set the following hearings for the 16th day of September, 1987 , at 2 :00 P.M. Docket No. 87-55 : Use by Special Review - Home -Business (Custom Cabinet Shop) . Docket No. 87-56 : Use by Special Review - 100 , 000 Head Sheep Livestock Confinement Operation. OFFICE OF THE C 'TO THE -BOARD BY: antlit,L,„ r i) Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLOP DO 871223 fXyiA. r V • Summary of the Weld County Planning Commission Meeting ' August 4, 1987 Page 9 CASE NUMBER: USR-803:87:29 APPLICANT: Cactus Hill Ranch REQUEST: Use by Special Review permit for a livestock Confinement Operation for 109,1100 head of -sheep LEGAL DESCRIPTION: Part of the SW} of Section 16, and the W} NW} of Section 21, all in T7N, R67W -of the 6th P.M. LOCATION: Approximately 1 mile north of -an annexed portion of Windsor; east of Weld County Road 17, north of Weld County Road 7i APPEARANCE: Richard Mangus, Attorney, fort Collins, Colorado, introduced Mike Ketterling, Northon, Underwood, and Lamb, Inc. Mike Ketterling, P.E., Norton, Underwood, and Lamb, Inc. , -explained the application. The Chairman -called for discussion from the members of the audience. Adolph Winter, adjacent property owner, does not object to this request, but it _does make a -difference -where the lots are located. They do not want them right next to their property because 'of the smell. They -should also le away from the highway. He reviewed an article published in the Wall Street Journal concerning methane as produced by _sheep manure. Also, he feels the present lagoons are -not water-tight. He feels _water from the lagoon has leaked into the drain tile, drained into his pond and killed his fish. He feels there are many environmental concerns regarding the lagoons and feedlot runoff on this property. Fred Walter, area property owner, also feeds lambs. -He feels a fanner has to do what the market dictates and heels a man should be able to do what he wants with his land as long as no zoning laws, etc. , are broken. Richard Mangus stated they have reviewed the recommendation, conditions, and development standards and have no objections to these except as already stated. Tape 292 - Side 1 Ken nelson, applicant, explained that when they obtained their first special use permit, the ponds and drain tile were put in according to she requirements of the permit. He does not f-eel the ponds are leaking. He feels mast of the water in the _ponds evaporates. The Chairman asked Brian Bingle to read the recommendation, conditions, and development standards as outlined by the Department of Planning Services' staff into the record. ry Summary of the Weld County Planning Commission Meeting August 4, 1987 Page 10 MOTION: Ernie Ross moved Case Number USR-803:87:29 for Cactus Bill Ranch for a Use by Special Review permit for a livestock confinement operation for 100,000 head of sheep be forwarded to the Board of County Commissioners with She Planning Commission's recommendation for approval based upon the recommendation, conditions, and development -standards as outlined by the Department of Planning -Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed regarding the permeability of the existing ponds. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - yes; Bud Halldorson - yes; Ernie Ross - yes; Ivan Gosnell - Yes, but he wants to go on record that it is his understanding that the retention pond, which is currently in existence, if not permeable does -need to be reworked to keep it impermeable. :Louis Rademacher - yes; -Paulette Weaver - Yes, she does understand Mr. Winter's concerns, but from the information we have gotten today, she feels this does meet the requirements of the Comprehensive Plan and is essentially compatible with the existing uses in the area. Ann Garrison — Yes, and the reasons she is voting yes are because she thinks the proposal is consistent with the Weld County Comprehensive plan, -consistent with the intent of the district, and she also believes the problems Mr. Winter is having as a neighbor could be caused by other things rather than the feedlot runoff. Many problems could be from runoff from the surrounding farmland. Motion carried unanimously. The Chairman called a bread at 3:50 p.m. The meeting was reconvened at 3:55 p.m. -CASE NUMBER: Z-437:87:6 APPLICANT: CRS Investments, Inc. REQUEST: A Change of Zone from A (Agricultural) to PUD (Planned Unit Development) for R-1 (Low Density Residential) uses, R-2 (Duplex Residential) uses, and Oil and Gas Production facilities LEGAL DESCRIPTION: Ni of Section 5, T2N, it68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles north of State Highway 119 on Weld County Road 3-1/2 APPEARANCE: LaVern Nelson, P.E. , Nelson Engineers, explained the application. Tape 192 — Side 2 871.223 e BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ernie Ross 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: Wait MINTY Cfromve rQS CASE NUMBER: USR-803:87:29 llnn NAME: Cactus Hill Ranch AUG 71987 HI U 55 z c1�ADDRESS: 38990 Highway 257, Fort Collins, CO 80521 coLo. REQUEST: Use by Special Review for a 100,000 Head Sheep Livestock Confinement Operation. LEGAL DESCRIPTION: W} SW} of Section 21, T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 mile north of an annexed portion of the City of Windsor, east of Weld County Road 17 or State Highway 257, and north of Weld County Road 78. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposed Use by Special Review is within the Town of Windsor's Urban Growth Boundary Area and is consistent with the Weld County Comprehensive Plan as outlined in the Urban Growth Boundaries Goal and Policies Section. Urban Growth Boundary Goal 2 explains that land-use regulations in Urban Growth Boundary Areas allow the County and the municipality to coordinate matters affecting the orderly development within Urban Growth Boundary areas. Representatives of the Town of Windsor reviewed this application and recommended no objections on July 13, 1987. Urban Growth Boundary Goal 3 explains that Urban Growth Boundary Areas provide an official definition between future urban and agricultural land uses. The proposed Use by Special Review site is located approximately one mile north of an annexed portion of Windsor. The surrounding area is zoned agricultural. It is the opinion of the Department of Planning Services that the area will continue to be zoned for agricultural uses. ,exfri.Ft;T 3 871223 USR-803:87:2-9 Cactus Hill Page 2 - The proposal is consistent -with the intent of the Agricultural District and is provided for as s Use by Special iteview. The proposal is a livestock confinement operation for sheep. -The proposed use is compatible with the future development of the surrounding area as permitted by the Comprehensive Plan of the County and the Town of Windsor. l.'he proposed use will not interfere with the agricultural activities or other -activities _related to agriculture. - The proposed use is not located in an overlay district. - The applicant las demonstrated a diligent effort to conserve productive agricultural land in the locational _decision for the proposed use. - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: I . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special -Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The applicant shall amend the Use by Special Review Plat to show a a total right-of-way reservation of 75 feet from the centerline of State Highway 257. Motion seconded by Louis -Rademacher -871223 Cactus -Hill August -4, 1987 Page 3 4. Within 3A days from the date of approval by the -Board of County Commissioners, the applicant shall: a. Obtain from the State of Colorado Division of Highways and submit to the Weld County Department of Planning Services an approval for the reclassification of all accesses onto the Use by Special -Review Site according to the State Highway Access Code. b. Obtain from the -State of Colorado Division of Highways and submit to the Weld County Department of Planning Services, an approved plan outlining the turn lanes at all points of access off of State Highway 257. c. Submit a landscape plan to the Department, of Planning Services for', approval. outlining landlscaping along the Western property line of the Use by Special Review fronting _State Highway 257. • d. Submit -evidence that an -emissions permit _for fugitive dust and odors has been applied for from the Air Pollution Control Division, Colorado Department -of Health VOTE: For Passage Against Passage Lynn Brown Bud Halldorson Ernie -Ross Ivan fi-osnell Louis -Rademacher Paulette Weaver Ann Garrison The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this rase to the hoard of County Commissioners for further -proceedings. s71223 Cactus Hill August 4, 1987 Page 4 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true _copy of the Resolution of the Planning Commission -of geld County, Colorado, adopted on August 4, 1987, and recorded in Book No. XI of the procee-dings of the said Planning Commission. Dated the 6th of August, 1-987. o - C\�� Bobbie Good Secretary 871223 DEVELOPMENT STANDARDS CACTUS HILL RANCH USR-803:87:29 1 . The Use by Special Review permit is for a livestock confinement operation for sheep as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of sheep permitted is 100,000. 2. Landscaping shall be installed on the western perimeter of the Use by Special Review site along State Highway 257, and shall be maintained according to the "Landscaping Maintenance" definition in the Weld County Zoning Ordinance 3. The applicant shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage site shall have a water—tight surface which does not permit seepage or percolation of manure pollutants into the ground. 4. The applicant shall be responsible for constructing and maintaining the runoff retention and containment facilities in accordance with the State Health Department's Guidelines of Feedlot Runoff Containment Facilities and standards stated hereon. The applicant shall be responsible for any additional requirements issued by the Weld County Health Department. 5. All storm water and livestock confinement operation runoff shall be controlled and confined within the boundaries of the subject property. 6. The applicant shall obtain the required emissions permit for fugitive dust and odors from the Air Pollution Control Division, Colorado Department of Health. 7. A Weld County septic permit is required for the four proposed mobile home septic systems. The septic systems shall be installed according to the Weld County Individual Sewage Disposal Regulations. 8. All Construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 10. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. terry g C2d .Rs..nv*2�3 Developments Standards USR-803:87:29 Page 2 11. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 12. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall he filed in the office of the Department of Planning Services. 13. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 871223 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number 4A..w 3 r :4.s'7' Z9 Submitted or Prepared Prior to Hearing At Hearing 1. Application S-7 Pages 2. Ae Applicationplat(s) page(s) vv 3. DPS Referral Summary Sheet 4. PPS Recommendation 5. DPS Surrounding Propery Owner Nailing List 6. EPS Mineral Owners Mailing List 7. .9 DPS Maps Prepared by Planning Technician ✓ 8. DPS Notice of Rearing ✓ 9. DPS Case Summary Sheet 10. DPS Field Check / 11. ✓ 12. 13. 14. • 15. 16. 17. 18. 19. 20. I hereby certify that the /0 items identified herein were submitted to the Department of Planning Services at or prier to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on _ 41/ 7 19 c. 7Curr P ' STATE OF COLORADO ) ' COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS '1- DAY OF ( „c � o� 19 �-1 SEAL Pi UT3... CA C y Oc'} 4 My Commission :glints Feb. 13. 1984 h' P.Y PUBLIC \A 871223 my COMMTSSTON//EXPIRES EXH/$iT/y EXHIBIT INVENTORY CONTROL SHEET Case OMM J Exhibit Submitted By Exhibit Description Q A. ay-2,7o c ? �1iJ� y (2., z B. Ma # S 1¢szcoi a- t C. ��4 �p�4.4_z. 1747e72.,o97 �- ,D. g .-61-442 ALL- / &4 E. � . O sat.7, Clet&tiel G. H. I. J. K. L. M. N. 0. 871223 Date: August 4, 1987 CASE NUMBER: USR-803:87:29 NAME: Cactus Hill Ranch ADDRESS: 38990 Highway 257 REQUEST: Use by Special Review for a 100,000 Head Sheep Livestock Confinement Operation. LEGAL DESCRIPTION: W} SWI of Section 21, T7N, R67W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 1 mile north of an annexed portion of the City of Windsor, east of Weld County Road 17 or State Highway 257, and north of Weld County Road 78. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposed Use by Special Review is within the Town of Windsor's Urban Growth Boundary Area and is consistent with the Weld County Comprehensive Plan as outlined in the Urban Growth Boundaries Goal and Policies Section. Urban Growth Boundary Goal 2 explains that land-use regulations in Urban Growth Boundary Areas allow the County and the municipality to coordinate matters affecting the orderly development within Urban Growth Boundary areas. Representatives of the Town of Windsor reviewed this application and recommended no objections on July 13, 1987. Urban Growth Boundary Goal 3 explains that Urban Growth Boundary Areas provide an official definition between future urban and agricultural land uses. The proposed Use by Special Review site is located approximately one mile north of an annexed portion of Windsor. The surrounding area is zoned agricultural. It is the opinion of the Department of Planning Services that the area will continue to be zoned for agricultural uses. 871223 Cactus Hill August 4, 1987 Page 2 - The proposal is consistent with the intent of the Agricultural District and is provided for as a Use by Special Review. The proposal is a livestock confinement operation for sheep. The proposed use is compatible with the future development of the surrounding area as permitted by the Comprehensive Plan of the County and the Town of Windsor. The proposed use will not interfere with the agricultural activities or other activities related to agriculture. - The proposed use is not located in an overlay district. - The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: I . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The applicant shall amend the Use by Special Review Plat to show a a total right-of-way reservation of 75 feet from the centerline of State Highway 257. 9S.23 Cactus Hill August 4, 1987 Page 3 4. Within 30 days from the date of approval by the Board of County Commissioners, the applicant shall: a. Obtain from the State of Colorado Division of Highways and submit to the Weld County Department of Planning Services an approval for the reclassification of all accesses onto the Use by Special Review Site according to the State Highway Access Code. b. Obtain from the State of Colorado Division of Highways and submit to the Weld County Department of Planning Services, an approved plan outlining the turn lanes at all points of access off of State Highway 257. c. Submit a landscape plan to the Department of Planning Services for approval outlining landscaping along the Western property line of the Use by Special Review fronting State Highway 257. d. Submit evidence that an emissions permit for fugitive dust and odors has been applied for from the Air Pollution Control Division, Colorado Department of Health 871223 LAND-USE APPLICATION SUMMARY SHEET Date: July 28, 1987 CASE NUMBER: USR-803:87:29 NAME: Cactus Hill Ranch ADDRESS: 38990 Highway 257, Fort Collins, CO 80521 REQUEST: Use by Special Review for a 100,000 Head Lamb Feedlot. LEGAL DESCRIPTION: W} SW} of Section 21, T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately one mile north of an annexed portion of the Town of Windsor; east of State Highway 257, and north of Weld County Road 78. SIZE OF PARCEL: 116.274 Acres, ± POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of the proposal is used in Section 24.3 of the Weld County County Zoning Ordinance. The Department of Planning Services' Staff has received specific recommendations from the following referral entities: - Weld County Health Department - State Highway Department - Greeley Soil Conservation Service - City of Windsor Copies of these referral responses are included in this summary packet. The Department of Planning Services' Staff has not received any objections from the following: - Weld County Engineering — County Extension Agent - Windsor - Severance Fire Protection District - Surrounding Property Owner - Surrounding Mineral Owners 871223 ••.,� J. ii ii i- �:y 104. . . T 9N. ? �� P��_ I ) 13 j \ ,•I.I \_-- _III LJifi xo x� z '' �r102... _ �t /�/� _Ill I .III r �xr • _xr x, � �� �rJ �Jo y� t 3.M I . A)A Itl1, \_c% 4 •1I' }LL ]! T ,x I 0, :1 J• �8••• — R I Second •T:;-4:,.1-' p CC of • T8N ' ° 92.... A I -� e• .. ,• \ ppi of ; t v \,.... \- " ,,, , 3 • .. x•". I, 1/4 i• 1 x xJ .ss 53' LU I ]z • H' `1, 1ii �{• - ... Y. 1 au� `• a 8 80. T7N • vjry ' . 5 • • •\ . �y//��� 3. 1 ° :. 9 6 xu• . • / .. •Nt ': . H „ 76. ... • =J x. • 27 • 24 ' ] 3 ° 11 IQ : a3`Rnxrmr\ a• v • ]' -• • GRfd��• •�IW£5tERN•:�_•\ i4 :L4 1 i - _ SEVERALS / Ic F� r._• - 4`L • 5f 8.•. . •` - Itl1y�', J •� • 7-j E09.SI G• x••• !C ` • ' ELTON < \I--.) � • • .• a zi -rows , • • . • I ene '� 72... •— e t • •x•lw J 7 ' 1: . 70. -.--1. ': .. q..✓e ;� N,n• .. ;•::,.:. ro sru3n . .. 1r- ,, . bK R\ II t F / ',s'00 \ 9 { - AI o� �� }2 �� T te-imt�_ 4- _ _ (144 / Ii t i �� I N 1 • �� . ��5yyy777,,, � 1 1 x r.I.,ii. \ %VCR EP ) R B -8o3 I I„ � I,�� ri 21 22 I L / 5 ' r''' • i I - 9 Lee Lae , -"� Thy ---i / \ 29! I�� 4954_ 2 27 1 * e .. d 1 V Y w/ O \ 0 9 yyINbsofa I ,� ANN t ' y I -es 871"23 • if r.e y y®�yg� "�!P�¢�rJp� A 6 '' .ry y .S'�' t '^Yt'*;34.44- •>♦'.4-`A ¢ .. ".. 1." Y^'- Cfl �` "t I a '.. y. L .may tY' M` t Is ' __ —i ..d '4 Y'4 A *ter { AR4:," �-' r5p 3 .>_ _ _ a ' -; '' ' {h. °la ( ,' fl' 1 ,STyKrF Rb 1 • 1 .-3404,1! �,riy*$ r 5 I yam ` #` •' '�'tt .: { 1 z{ is , 1Y4. t'F� 1, ( t. Kr '' t -, 1 a-'• >« r: " ce s' �-2 7 '`• ,` r ! ':* - e.44...;[;4101,-9:1rtlt .' yy T { { ' .P TMti .ry�{t �; , `. r 4'si } r -t: , ; ((3 i. s' ♦n.,{.Z tYY.5�ta a &" : [" '4. ,s' -.�' k j ti- r ,� ,I,s 1 t e 4y.4; • ---..44,;,,A, i , '. , t t sy � ji a , t - S .'*a :: .ice.' "�₹ !Lob!, ,j'tt c' I,,i'«. g +. ,, t r , n ! tli 's i r 4,416 w : w x {:{,j[�d' 'M` di ''.• toy+ :4t> • , bf 1 - 4'''''.”.111:41;4", � 1}{"dC` .„ 2i11 #k yz '' .. 'Rt s =- off, ' \." {��Cd`" t , t { i. i s J.T& �t i t i` os kin: i • t k�j{y{�§r _ - w y4''a., 3�' rt' "," .T . t� tit# ,ti t'. IS C *4)A Y {� t .'. .4 } sr' `..R` 'AC M j Y._ # { i '4v = k .e'7 • ! t.i s ,� :.£'Ix - „s�.R i5ra `t3K,'.F�+t,L�.x .«.t s , % `" f�`b t l zNP` = 'a . .y,� , ' 'in 4 a cc's' ?,trt;vy-, y.y 4 �S ,.,$y'3 E"+t' v �tt�^. A t `' • .z t2 4• {. • , i.Si! \4(4K f bs l/. y .. yam'".,. • 5f�" s. >,y .:' k' r, rst '''‘.. ":•t•. x " �+ ♦� r.+�♦... Fz#,, `4'. S' y 0 o ..0...4.4.4S444.."4.4”1 i. rs IIt . n v e �91 rr j ♦ pax i Y,: gl f< free � E".'.. s .: ! �'a.: +- t6[ ," ` • r ; d \ t• r /J1iuf/s' ii ,)itis { "rte..;+1 c'� :c�,}° . ` { . s °ri id . fix.# hxr jy. f i tr\.,y, f i �, I4.. _ _ .. .. �' SY'J�rtv 'T .T, �4. 54 < t it ral y t • 1 if . y x-^�4ti'it awn .yam `r 'Q' � �� _ AYr y 1 yyyy ii .. M Y 4 14,2 P_ fl �( .' t. .r. an (( h'' `.tx' 'r t` .`iF n i ; ! *II, :.:£! T �F : ':, i, t t '�v d',k C" 'i, REFERRAL LIST APPLICANT: Cactus Hill Ranch CASE NUMBER: USR-803:87:29 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 10, 1987 NO SR NR NO SR NR GWtsia,•Sena 7/4./.9i m. __ County Attorney ✓ X Windsor-Severance Tire Protection District ✓ X Weld County Health Dept. Box 307 Windsor, CO 80550 X Engineering Department r-s[ / ✓ X Greeley Soil Co ervation f X County Extension Agent Service 60 enue Office of Emergency Mngmt righton, CO 8 rFa'+en¢. FZ.2..V1:(IU_ 7/,s I,:z ) State Engineer (s aKDun LE, ) X Lydia Dunbar Division of Water Resources \ Weld County Planning Comm. 1313 Sherman St. , Room 818 \\ Box 8, Road 89 Denver, CO 80203 Grover, CO 80729 X State Highway Department • 1420 2nd Street Greeley, CO 80631 43BZ `,-r" SrzraT _ Crea..el Colorado Department of Health Water Quality Control Division 11210 East 11th Avenue Denver, CO 80220 _ City of Greeley Planning Department -919 7th Street Greeley, CO 80631 _ Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X City of Windsor c/o( anet Lathrop�P� � 7/, 11 to 301 W c Street ,PP, FIe.,,�,.. Z s i Windsor, CO 80550 NO=No Objection SR=Specific Recommendations NR=No Response 871223 $ `gr DEPAF -9VT OF PLANNING SERVICES r y{ 1 PHONE(303)356-4000 EXT.4400 1375 10th STREET G REELEY, COLORADO 80631 Mfr .v. 24O COLORADO CASE NUMBER CSR-803:87:29 June 29, 1987 7 TO WHOM IT MAY CONCERN: Enclosed is an application from Cactus Hill Ranch for a Use by Special Reveiw permit for a 100,000 Head Lamb Feedlot. The parcel of land is described as W} SW} of Section 16-21, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 mile north of an annexed portion of Windsor, east of Weld County Road 17, north of Weld County Road 78. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the -processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by July 10, 1987 so that we may give full consideration to your recommendation. Please call Brian J. Bingle if you have any questions about this referral. Thank you for your help and cooperation in this matter. _Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request �cj (does/does not) comply with our Comprehensive Plan 1 for the following reasons. o -_ r ' LT v 2• We do not have a Comprehensive Plan, but we feel this request cU _ (is/is not) compatible with the interests of our a> town for the following reasons: —J r 7 I 3. )( We have reviewed the proposal and find no conflicts with our interests. : tz-,.,r-siur L%#rn.rx,4.1JTd.-zc, 7/Y1/27 'c41/ce 442 ttea-t 1<6 --CCL.7 /-e'aa ue-tle rdiQ 4,7 7 ; ac'c.a-4c c.t fiz(x: <=4} . 4. A forma recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. • 4 .. •Signed: y6l.-C- !� 7-'� ,7 Agency: ;� wit-..l'-#C- K/ t �=Lrt-eix-I-( Date:` ,�/�/,/ 2 y 871223 C STATE Of COLORADO DIVISION OF HIGHWAYS P.O. Box 850 `"/' F Greeley, Colorado 80632-0850 / (303) 353-1232 •b `7 0• //t�J� •F c / July 7, 1987 Weld Co. , S.H. 25( Cactus Hill Ranch S.R. 1 Mi. S. of S.H. 14 on E. Side S.H. 257 Mr. Brian J. Bingle DOH File 45100 Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Dear Mr. Bingle: We have reviewed the Cactus Hill Ranch Special Review Permit application, and we have the following comments: 1. Projected traffic on State Highway 257 indicates the need for a 150-foot total right of way, 75 feet each side of the highway centerline. Since the existing width along this property is 55 feet east of the centerline, additional width to meet the projected need should be protected by reservation or, preferably, dedication, as permitted by County regulations. 2. The existing lamb feeding operation has a total of five existing driveways to S.H. 257. The proposed expansion of this operation would be considered a change of use of the access to this property due to the expected increase in vehicular traffic. According to the State Highway Access Code, this change in use will require an Access Permit to be obtained from this office. Through the issuance of this permit we will bring this property's access into conformance with the Access Code to the extent possible given the existing operation. It appears that one access toward each end of the property may be sufficient to serve the expanded feedlot and the new mobile home residences. Turn lanes at these points of access may be required depending on the anticipated amount of feedlot traffic. We will work with the property owner to achieve an access plan which reduces the number of driveways yet meets the needs of this feedlot. 3. The proximity of the proposed mobile homes to the highway indicates that traffic noise could exceed the standard residential design noise level. To minimize this potential adverse impact, we recommend that these units be located as far away from the highway as possible. Noise insulation of the JUL 091987 Ltj 871221 Weld Co. Planning commission BRIAN J. BINGT,F July 7, 1987 Cactus Hill Ranch S.R. Page Two walls and double glazing of the windows exposed to the highway should also be provided. If no measures are taken to mitigate traffic noise impacts, this property may not qualify for a state-funded noise abatement project, if funds _for such a project at this location were to become available. The proposed trees between the mobile homes and S.H. 257 would be useful as a visual buffer but would not reduce the impact of traffic noise. Thank you for the opportunity to review this application. Please contact Wally Jacobson at 350-2168 if you have any questions. Very truly yours, ALBERT CHOTVACS DISTRIC ENGINEER J K. Crier Dist"ict Planning/Environmental Manager JKC:mbc(WJ) cc: D. Yost Area Foreman File: Crier-Jacobson via Chotvacs 871223 cifITIOTh"" in( G ' o, N om`" l ® i To Weld County Planning June 30, 1987 Q Date COLORADO From Health Protection Services /�� _ e .�` 4 21/ /ter >�r�c, Case Number: USR-803:87:29 Name: Cactus Hill Ranch Subject: Health Protection Services has reviewed this Troposal and recommends for approval, subject to the following conditions: 1. The applicant shall remove, handle, and stockpile manure from the livestock confinement area in a -manner that will -prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, or insect pests, or pollutant runoff. The manure storage site shall have a water—tight surface which does not permit seepage or percolation of manure pollutants into the ground. 2. The facility shall be in compliance with the Colorado Guidelines for Feedlot Runoff Containment, prior to final approval of the proposed use. 3. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. A. Weld County Septic Permit is required for the four proposed mobile home septic systems and shall be installed according to the Weld County Individual -Sewage Disposal Regulations. AFP/bks JUL_ 11987 P!&d Co. Phoning Cnmmissic:. 871223 FIELD C-HECK FILING NUMBER: USR-803:87:29 DATE OF INSPECTION: July 9, 1987 NAME: Cactus Hill Ranch REQUEST: A Use by Special Review for a 100,000 head lamb feedlot. LEGAL DESCRIPTION: W} SW} of Section 21 , T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile north of an annexed portion of the City of Windsor, east of Weld County Road 17 or State Highway 257, and north of Weld County Road 78. LAND USE: N Corn field, single family resident E Corn field S Corn field W State Highway 257 and corn field ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Existing on the property is (1) one mobile home, (2) two single family residences, (1) one grain elevator, (3) three storage sheds, and (1) one office building. There are (3) three accesses to the operation. All are off of State Highway 257. There is a (6) six foot chain length fence which runs the west perimeter of the feedlot operation. an it e Curr anner 871221 SURORUNDING PROPERTY OWNERS CACTUS HILL RANCH USR-803:87:29 City of Thornton 9500 Civic Center Thornton, CO 80229 John Heckman Marvin and Dorothy Heckman 1020 Meadowbrook Fort Collins, CO 80521 George and Mildred Nelson 8373 Weld County Road 78 Fort Collins, CO 80521 K & M Company 3201 Shore Drive Fort Collins, CO 80524 Cactus Hill Ranch 38990 Highway 257 Fort Collins, CO 80521 871223 � l SURORUNDING MINERAL OWNERS CACTUS HILL RANCH USR-803:87:29 State of Colorado Board of Land Commissioners 620 Centennial Building Denver, CO 80203 Upland Industries Corporation Attention: Mr. J. 7. Stenvens 302 South 36th Street Omaha, Nebraska 68131 Dorothy J. Long 400 Dartmouth Trail Fort Collins, CO 80525 City of Thornton 9500 Civic Center Thornton, CO 80229 Adolph and Thelma Winter 822 Locust Windsor, CO 80550 87122 DEPAF :NT OF PLANNING SERVICES N. T PHONE(303)3564000 EXT.4400 ssot Vi� 10th 3 I`�T e t GREELEY,CDLOLDRADD 80631 i1 Y J' C COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on August -4, 1987 at 1:30 p.m. to review a request for approval of a Use by_ Special Review permit for a 100,000 Head Lamb Feedlot from Cactus Hill Ranch. The parcel of land is described as W} SW} of Section 16-21, T7N, R67W of the 6th P.M. , Weld County, Colorado, containing 116.2 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld _County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on August -4, 1987. Copies of the application are available for public inspection in the -Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, — Phone — 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To he published in the Johnstown Breeze To be published one (1) time by July 6, 1987. Received by: Qk '„it CN jl ��G‘i'j� Date: 7/ �7/S7 871223 USE BY SPECIAL REVIEW CACTUS HILL -RANCH LAMB FEEDLOT EXPANSION WELD COUNTY, COLORADO Prepared for Ken Nelson Project No. 8712 June, 1987 Prepared by Norton, Underwood and Lamb, Inc. Engineering Associates Greeley, Colorado 871223 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 913 Tenth Street, Greeley, Colorado 80631 Phone — 3564000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee . Receipt Number Recording Fee _ Receipt Number TO tE 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: NWl/4 & Wl/2 of SW1/4 LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SW1/4 Section 21 & 16 T 7 N, R 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: W1/2-SW1/4 Section 21-16 T 7 N, R 67 W Property Address (if available) 38990 Highway 257 PRESENT ZONE A - Agriculture OVERLAY ZONES Not Applicable TOTAL ACREAGE _ 58.835 + 57.439 = 116.274 acres PROPOSED LAND USE Lath feedlot - 100,000 head EXISTING LAND USE Existing lath feedlot and fanning SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR -THE USE BY SPECIAL REVIEW PERMIT: Name: Cactus Hill Ranch Canpany Address: 38990 Highway 257 -City Fort Collins Zip 87521 Home Telephone I 686-2413 -Business Telephone I 686-2215 Name: City of Thornton Address: 9500 Civic Center Drive City Thornton Zip 80229 Home Telephone +1 . -- -Business Telephone 1538-7230 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Home Telephone I Business Telephone I List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. NW1/4, Wl/2 of SW1/4 Section 21, T.7N., R.67W. Name: See Attached List Address: City Zip -Name: Address: City • AZip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) 11(f j� � *42er1.9y eV/44 4; Signature• Owner or Authorized Agent Subscribed and sworn to -,efore me this day of E 19Z7 7776 �S; 1. � F04."-C4,64/A15 CO —�/1�5� % 0 ARY PUBLIC My commission expires /2Z- 14 C c /, /V9// 871223 APPLICATION REQUIREMENTS: 1. A Completed Use by Special Review Application is attached. 2A. Cactus Hill Ranch is an existing lamb feeding operation located five and one--half miles north of Windsor, nine miles east of Fort Collins, and approximately four miles northwest of Severance. Cactus Hill Ranch presently has a Special Use Permit (SUP No. 00056 recorded September 30, 1976; Book 778, Reception No. 1700217) to feed 800 cattle and -00,000 lambs. The proposed expansion will increase the lamb feeding operation to 100,000 head with no cattle being fed. The present feedlot operation occupies 58. 835 acres and is owned by Cactus Hill Ranch Company. The proposed expansion will be constructed on property owned by the City of Thornton ( 57 . 439 acres) . The City of Thornton encourages uses which will enable the land to remain agriculturally productive. The City will provide Cactus Hill Ranch with a long-term lease for the feedlot expansion site as well as a first option for purchase of this land. (See attached letter from the City of Thornton. ) The lambs fed at Cactus Hill begin arriving the latter part of August and the feedlot is filled to capacity by the end of October. The lambs are all light lambs. In other words, they weigh less than 80 pounds with many weighing between 50 to 60 pounds. The lambs are fed a roughage feed (no concentrates) consisting of pressed beet pulp from the Greeley sugar factory and locally grown corn and hay silage, 871223 along with dry ground alfalfa. The lambs gain one-quarter pound per head per day or about seven and one-half pounds per month while on the roughage ration. The pressed beet pulp tends to quiet the lambs which in turn reduces milling around and dust. The roughage feed is continued until each lamb reaches a weight of 10D pounds. When this weight is attained, the lambs are put on a ration of 50% roughage and 50% concentrate (grain) until ready for market. The heavier lambs are ready for the concentrate ration in about the middle of December. Lambs begin leaving the feedlot for market in early January. The feedlot is filled to capacity during November and December and is normally empty between May 15 and August 15. 2B. The sheep which are fed at Cactus Hill Ranch come from the ranges of Colorado, Wyoming, Montana, Idaho, and the Dakotas in the fall of the year. Iambs are only available at this time of the year. Because lamb prices have been relatively good the past few years, the sheep industry has been expanding thus creating a need for additional lamb feedlot space. The Fort Collins-Greeley-Windsor area has long been recognized as an ideal location for livestock feeding due to the relatively mild winters, dry air, and abundant feed supply. The past two years the lambs at Cactus Hill have been fed for Monfort of Colorado. The Cactus Hill program of purchasing feeder lambs in the fall and feeding them a ration which produces a high 871223 lean to fat ratio carcass is beneficial to Monfort. In order to increase their -marketshare of lamb, Monfort of Colorado needs additional lambs. They have indicated to Cactus Hill Ranch that they will be able to utilize 100,-000 head from this feedlot. (See attached letter from Monfort of Colorado. ) 2C. The area surrounding the present feedlot is utilized almost exclusively for agriculture. The principal crops grown are corn, alfalfa, sugar beets, barley, beans, and wheat. Also, within a five mile radius, there are several existing dairies and lamb and cattle feedlots. 2D. There are nine residences within one-half mile of Cactus Hill Ranch; three to the south, two to the east, two to the north, and two to the west. The closest is located approximately 1000 feet to the west along Weld County Road 80. The applicant has included within this submittal the signatures of sixteen (16) area residents indicating their support of this proposal. The direction of the prevailing wind is from the Northwest. 2E. With the proposed feedlot expansion, Cactus Hill Ranch will employ ten full-time workers and an additional ten people on a part- time basis. Health insurance is provided for all permanent employees and their families. The feedlot operates seven days per week during the daylight hours. There occasionally will be night unloading of lambs during August, September, and October. 8710721 Along with the feedlot expansion, additional employee housing will be required. It is very important for some of the full-time employees to live at the feedlot so they may be readily available seven days a week. It is also very helpful to have a home close to their work to reduce transportation expenses and in cases of extreme weather. Four mobile homes are proposed at the northwest corner of the existing feedlot operation as shown on the Plot Plan. These homes will be used by employees and are accessory for the effective and economic operation of the feedlot. _Employees will not be charged rent for these homes, however, they will be responsible for their own utilities. It is anticipated that wastewater generated from these homes will be disposed of through septic/absorption field systems . Prior to obtaining a building permit for each of these mobile homes, the owner will _comply with the requirements of the Weld County Department of Health Services regarding percolation test data and system design and construction. 2F. North Weld County Water -District presently provides water service to Cactus -Hill Ranch. There is a four inch water line paralleling Highway 257 in the east borrow ditch and an 18 inch water line along the west side of this highway. In an April 9, 1987 letter from the manager of the Water District (attached) , additional water B71223 service can be made available to Cactus Hill Ranch for the proposed expansion. 2G. The access to the site is via State Highway No. 257. This road is a well -maintained, two lane highway with paved shoulders. It has a functional classification of minor arterial. The main access point to Cactus Hill Ranch is located approximately one mile south of State Highway No. 14 on the east side of State Highway No. 257. This access point is in the area of the scale house and office building. Approximately 2100 feet south of this point is an access gate for the southern portion of the feedlot operation. Semi-tractor trailer units hauling lambs to and from the operation will utilize these points of access. Adequate stopping sight distance is available from either direction at both of these access points. Feed trucks will not use State Highway No. 257 to deliver feed to the lambs. When the feedlot is filled to capacity, four feed trucks will deliver feed to the lambs during the daylight hours of the day. Each truck carries about three tons of feed and moves at a slow speed. Because the trucks move slowly during feeding, very little dust is stirred up in the feedlot. 2H. No new sewage facilities are proposed for the site of the feedlot expansion. All existing domestic wastewater is treated through septic/absorption field systems as will the wastewater from the four proposed accessory use mobile homes. 871223 2I . This site is located within the Windsor/Severance Fire Protection District. No unusual fire protection measures are anticipated. 2J. The existing feedlot is approved for 40,D0D sheep and 800 cattle. After the construction of the proposed expansion, the entire -operation mill have a total capacity of 101,D0D lambs at any one time. • • 2K: A manurestorage area is located 'immediately northeast of the existing runoff containment pond. This area occupies approximately 3 . 6 acres. The manure is removed from the pens during December, January, and February of each year, and spread on land owned and leased by Cactus Hill Ranch. Excess manure is sold to nearby farmers. Due to the fact that some people prefer sheep manure for their lawns and gardens, -a small amount of manure is made into compost and maintained in this area to supply the necessary demand. 2L. The feedlot is served by Waste Management of Northern Colorado. This company picks up the trash and debris produced by the operation twice each week. 2M. Landscaping plans are not proposed for the area of the feedlot expansion. Trees and low shrubs will be planted in the area of the proposed mobile homes to provide a visual break and noise buffer from State Highway No. 257. 871223 Erosion control for the feedlot expansion area -shall be provided by ditches to channel surface runoff into the sedimentation pond and then into the existing total containment pond. In addition, alfalfa or -other close growing crop will be maintained in the area between the lamb pens and in the area on which runoff from the containment pond is to be applied. 2N. Upon cessation of the feedlot operation, the pens could be removed and the land returned to farming. 20. It is proposed that construction on the feedlot expansion will begin in September, 1987. Bens will be put into operation as they are completed this fall. The feedlot will reach its capacity of 100,000 head of lambs in 1988 . The installation of mobile homes will occur as warranted by the need. 213. The Colorado Department of Health requires all livestock confinement areas to be graded to prevent accumulation of surface water and to drain all contaminated water to adequate retention facilities . The site of the proposed expansion is located to the east of the existing feedlot. The area slopes generally to the southwest at an average of 2 . 2 percent. A breakdown of the land use for the existing feedlot operation is as shown below: 871223 Office and housing - 2 . 59 acres Feed storage - 1. 41 acres Feedlot pens & alleys - 37 . 04 acres Manure storage - 3 .64 acres Sedimentation ponds - 2 .28 acres Runoff containment pond - 7. 16 acres 54 . 12 acres The proposed land use for the expansion of the feedlot operation is as follows: Feedlot pens, feed and sheep alleys - 3_6 .98 acres Sedimentation pond - 1. 15 acres Land application area - -9.42 acres Planted and hay storage area between - 4. 34 acres pens 51. 89 acres The drainage area for sizing runoff containment facilities consists of livestock containment areas, alley-ways, manure holding, and storage areas or any other appurtenant areas which may be soiled by manure excrement. In this instance, the existing feedlot contributes 42. 9_6 acres and the expansion will contribute 38. 13 acres for a total of 81. 09 acres. From the Soil Conservation Service' s "Peak Flows in Colorado" , the 25-year, 24-hour storm at this site yields a total precipitation of an -estimated 3 .55 inches. Using the Soil Conservation Service runoff Curve 91 for feedlots that have an earthen base, the correspond- ing runoff is 2 .59 inches. The peak runoff is then determined by multiplying the drainage area by this value: Peak Runoff = 81. 09 acres x 2 . 59 inches/12 inches/ft. = 17 . 50 ac. -ft. 4i a 1,. 3 The existing runoff pond has an average width of about 250 feet and a length of 600 feet. The estimated retention c-apacity at a depth of six feet is 20.2 acre-feet. A February 20, 1987 letter from the Colorado Department of Health (enclosed with this submittal) indicates that "the Division has no problem with feedlot runoff which is generated on one owner' s property being contained on another owner ' s property" . The sedimentation ponds for the existing feedlot have a capacity of about 1. 47 acre-feet or 15. 8 percent of the peak runoff generated by the existing operation. The proposed sedimentation pond will have a capacity of 1. 59 acre-feet or 19. 3 percent of the peak runoff generated by the feedlot expansion. Runoff from the proposed pens will be routed into the sedimentation pond via interceptor ditches. From the sedimentation pond the runoff will be routed into the existing containment pond. The two concrete ditches just to the east of the proposed expansion area are located on a ridge. Uncontaminated surface runoff north of the proposed pens will be diverted around the feedlot by means of an interceptor ditch which will flow into an existing irrigation waste ditch located immediately east of the existing pens. The open space in the proposed feedlot expansion area and to the east of the existing manure storage area is planted in alfalfa. The soils encountered at these locations are: 871223 Soil Map Unit Hydrologic Group Infiltration Rate in. /hr. * Renohill Clay Loam C 0.3 to 0. 4 Shingle Loam D D.3 Thedalund Loam C 0. 5 *Information supplied from Soil Conservation Service, steady state infiltration rates in crop condition; these rates may decrease 0. 1 in. /hr. if livestock are allowed to graze on the soil. The capacity of the 20 horsepower pump for the runoff containment pond is approximately b80 gallons per minute. The area of land available for distribution of retention pond runoff is 9. 4 acres (located south of proposed pens and east of manure storage area) . -The volume of waste runoff to be evacuated from the pond within 15 days after the 25-year, 24-hour design storm is 17. 50 ac./ft. The resultant application rate is then: 17. 50 ac.-ft./9. 4 acres = 1 .S6 feet 1 . 86 feet/15 _days = 0. 12 feet/day At a pumping rate of 680 gpm, the pump will run an estimated 9 . 6 hours per day over the 13 day period. The associated application rate will be 0.16 inches/hour. -The waste runoff will be applied by a series of contour ditches. To prevent plugging of the surface soil' s pores, the land will be occasionally lightly harrowed. In addition, the City of Thornton (or their successors and assigns) agrees to accept the runoff stored in the retention pond on their 80 acres, more or less, located immediately south of the Cactus Hill Ranch (W1/2 of SW1/4, Section 21, Township 7 North, Range 67 West) . -871223 SUPPORTING DOCUMENTS: A. The agricultural goal of the Weld County Comprehensive Plan is to encourage the preservation of agricultural uses and promote the development of commercial uses directly dependent upon the agricultural industry, such as feedlots. B. The Agricultural District is intended to provide areas for the conduct of agricultural and related activities as well as provide areas for the conduct of Uses by Special Review which have been determined to be more intense than Uses Allowed by Right. livestock confinement operations are a use allowed in an agricultural district upon approval of a Use by Special Review. C. The land on which the proposed lamb feedlot expansion is to be constructed is leased from the City of Thornton. -The feedlot operation will -maintain this property in an agriculturally related activity. D. Adequate provisions for the protection of health, safety, and welfare of the neighborhood and county inhabitants shall be instituted to insure: 1. All new feedlot operations will be located at least 50 feet from any State highway right-of-way. 2 . Manure shall be handled and disposed of in -a sanitary manner. 3 . Suitable chemical and scientific controls shall be used for rodent and insect control. 4 . Mechanical means for scraping, grading, and cleaning of the area shall be provided; and 5. Drainage facilities will be utilized as required by the Colorado State Health Department. 871223 E. The proposed feedlot will be compatible with the existing surrounding land uses. The areas to the north, south, east, and west of the existing lamb feedlot are farmed. F. The existing feedlot and proposed expansion are compatible with the future development of the agriculturally zoned land. The Cactus Hill Ranch site is within Weld County' s proposed Urban Growth Boundary, although it is located five and one-half miles north of Windsor. G. The special review area is not located in a floodplain, geologic hazard, or Weld County Airport overlay district. H. Water for the proposed feedlot expansion will be supplied by an existing site water supply and the North Weld County Water District. Reference is made to the attached letter from Mr. Lyle Nelson, District Manager. I . The Warranty Deed for Cactus Hill Ranch is attached to this application. In addition, a legal description of the property owned by the City of Thornton on which the feedlot's expansion is proposed and the existing farm lease is also included. J. A noise report has not been included as a part of the supporting documents. K. The soils encountered at the site include; (based upon the Soil Conservation Service's "Soil Survey of Weld County, Colorado, Southern Part" , issued September, 1980) : 871223 Soil Map Unit 32: Kim loam, 1 to 3 percent slopes -deep, well drained soil -permeability is moderate -surface runoff is medium and the erosion hazard is low -suited to all irrigated crops commonly grown in the area -in nonirrigated areas this soil is suited to winter wheat, barley, and sorghum -good potential for urban and recreational development -generally favorable for septic tank absorption fields -capability class - Ile irrigated IVe nonirrigated Soil Map Unit 47: Olney fine sandy loam, 1 to 3 percent slopes -deep, well drained soil —permeability is moderate -surface runoff is medium and erosion hazard is low -suited to all irrigated crops commonly grown in the area -in nonirrigated areas this soil is suited to winter wheat, barley and sorghum -good potential for urban and recreational development -generally favorable for septic tank absorption fields -capability class : lIe irrigated IVe nonirrigated Soil Map Unit 56 : Renohill clay loam, 0 to 3 percent slopes -moderately -deep, well drained soil -permeability is slow -surface runoff is medium and the erosion hazard is moderate -suited to most of the irrigated crops commonly grown in the area -well suited to irrigated pasture -flooding from contour ditches is suitable for close grown crops and pasture -in nonirrigated areas this soil is suited to winter wheat, barley and sorghum -poor potential for urban uses and only moderate potential for recreational development -severe problems in dwelling and road construction and in use of septic tank absorption fields -capability class: Ills irrigated IVe nonirrigated -steady state infiltration rate (crop condition) : 0. 3 to 0 . 4 in./hr. 871223 Soil -Map Unit 59: Shingle loam, 3 to 9 percent slopes -shallow, well drained soil -permeability is moderate -surface runoff is medium to rapid and the erosion hazard is moderate -poor potential for urban and recreational development -chief limiting feature is the shallow depth to shale -capability class: VIe irrigated VIe nonirrigated -steady state infiltration rate (crop condition) 0. 3 in./hr. Soil Map Unite €4: Thedalund loam, 1 to 3 percent slopes -moderately deep, well drained soil -permeability is -moderate -surface runoff is medium and the erosion hazard is low -suited to limited cropping -most irrigation methods are suitable, but the length of runs should be short to prevent over irrigation -in nonirrigated areas this soil is suited to winter wheat, barley and sorghum -the underlying shale is the most limiting feature -capability class: IVs irrigated IVe nonirrigated -steady state infiltraion rate (crop condition) : 0.5 in./hr. The proposed feedlot expansion will be constructed on soils 56, 59, and 64. The nonirrigated capability classes indicate these types of soil to have severe limitations that seduce the choice of plants or make them unsuitable for cultivation. The main limitation is the risk of erosion unless close-growing plant cover is maintained. Where livestock are allowed to graze the soil infiltration rates will decrease by approximately 0.1 in. /hr. L. A certified list of the names, addresses, and the corresponding parcel identification number of the property owners within 500 feet of the subject property has been included as part of this application submittal. 871223 M. The names and addresses of the owners of minerals on or under the parcel of land proposed for the feedlot expansion have teen made a part of this application submittal. B7.1223 � CITY OF THORNTON e FARM MANAGEMENT OFFICE 203 1ST ST. P.O. BOX 128 AULT. COLORADO 80410 June 22, 1987 Cactus Hill Ranch Company 3899D Highway 257 Fort Collins, CO 80524 Gentlemen: You hereby have our permission to add a feedlo-t to approximately 58 acres which has been surveyed and -a map has -been provided to this office. It is understood that this permission to add property to the lease will te covered by a separate lease agreement between Cactus Hill and the City of Thornton within a 30 day period. This letter is granted for the _purpose of submitting to the County of Weld, a permit to obtain the additional feedlot. With Respect, Ted Yelek Farm Manager TY:bmd cc: Mark Speed Jim Petrock Gearge Vadikan 871223 Monfort of Colorado, Inc. Lamb Division P.O. Box G Greeley, Colorado 80632 3O3 353-2311 June 23, 1987 1) Weld County Planning Camussion Centennial Center Monfort 915 10th Street Greeley, Colorado 80531 Re: Expansion of Cactus Hill Feedlot Use by Special Review Dear Camtiission Members: I am writing to support the application of Ken Nelson for a permit for expansion of his Cactus Hill sheep feedlot. Monfort has done business with Mr. Nelson for many years, and I am familiar with his operation. Monfort supports this expansion because it will increase the availability of high quality fed lambs to our facilities. You can be confident that Mr. Nelson will wiply with whatever permit conditions you feel -it is necessary to impose: he is one of the best feedlot operators I deal with. Thank you for the opportunity to express my support. Sincerely, MD FOFCOLO , INC. _Robert Quam Vice President Lamb Procurement /ev 8'712'23 June 22, 1-987 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Application for Special Ilse Permit -for 100,D00 Head Lamb F-eedlot I (we) the undersigned live close to the prnpnsed feedlot site and have no objections. I (we) feel that the feedlot will mot be detrimental to the area and will , in fact, benefit the economy of the local agriculural area. I (we) live approximately , miles 5,tQ from the feedlot site. • Signed 871223 June 22, 1987 To: Weld County Planning Commission Concerning: Cactus -Hill Ranch Company Application for Special Use Permit for 100,00D -Head Lamb feedlot I (we) the undersigned live close to the proposed feedlot site and have no objections. I (we)g feel that the feedlot will not be detrimental to the area and will , in fact, benefit the economy of the local agriculural area. I (we) live approximately 341 milesS Ir. from the feedlot site. U al J k 4 / 'signed 871223 June 22, 1987 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Appli-cation for Special Use -Permit for 100,000 Head Lamb Feedlot _I (we) the undersigned live close to the proposed feedlot site and have no objections. I (we)d feel that the feedlot will not be detrimental to the area and will , in fact, benefit t. e -economy of the local agriculural area. l I (we) live approximately "' miles �Th from the feedlot site. S i >i—7g / 871223 June 22, 1987 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Application for Special Use Permit for 10O,000 Head Lamb Feedlot I (we) the undersigned live close to the proposed feedlot site and have no objections. I (we) feel that the feedlot will not be -detrimental to the area and will , in fact, benefit the economy of the local agriculural area. I (we) live approximately miles O47;7 from the feedlot site. Signed 871223 June 22, 1987 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Application for Special Use -Permit for 100,000 Head Lamb Feedlot I (we) the undersigned live _close to the proposed feedlot site and have no objecti-ons. I (we) feel that the feedlot will not be detrimental to the area and will , in fact, benefit the economy of the local agriculural area. I (we) live approximately / miles k,/ from the feedlot site. b ) / L im Signed 87/223 June 22, 19B7 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Application for Special Use Permit for 100,-000 Head Lamb Feedlot I (we) the undersigned live close to the proposed feedlot site and have no objections. I (we)q feel that the feedlot will not be detrimental to the area and will , in fact, benefit the economy of the local agriculural area. I (we) live approximately / miles IV £ from the feedlot site. Signed 817 1;.;'23 June 22, 1987 To: -Weld County Planning Commission Concerning: Cactus Hill Ranch Company Application for Special Use Permit for 100,000 Head Lamb Feedlot I (we) the undersigned live close to the proposed feedlot site and have no objections. I (we) feel that the feedlot will not be -detrimental to the area and will , in fact, benefit the economy of the local agriculural area. I (we) live approximately I miles N V! from the feedlot site. 7171).1/ Signed 871223 June 22, 1987 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Application for -Special Use Permit for 100,00D -Head Lamb Feedlot I (we) the undersigned live close to the proposed feedlot site and have no objections. I (we) feel that the feedlot will not be detrimental to the area and will , in fact, benefit the economy of the local ayriculural area. I (we) live approximately -P milesAinf from the feedlot site. 2/di.I) , dzki6c) Signed 8712,23 June 22, 1987 To: Weld _County Planning Commission Concerning: Cactus Hill Ranch Company Application for Special Use Permit for 100,000 Head Lamb Feedlot I (we) the undersigned live -close to the proposed feedlot site and have no objections. I (we) feel that the feedlot will not be detrimental to the area and will , in fact, benefit the economy of the local agriculural area. I (we) liv-e approximately ///, miles 4,. /,from the feedlot site. Siigned 871.223 June 22, 1987 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Application for Special Use Permit for 100,000 Head Lamb Feedlot I rsied o objections.unIe(weq)n feel�that ve lthe feedlotine to thepwillsnotroedf bed detrimenta Eelot site andtoathehvenarea and will , in fact, benefit the Economy of the local agriculural area. I (we) live approximately ( ;smiles `tt,. ' rom the feedlot site. Ittele; "at* Signet' 871223 June 22, 1987 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Appli-cation for Special Use Permit for 100,000 Head Lamb feedlot I (we) the undersigned live close to the proposed feedlot site and have no objections. 1 (we) feel that the feedlot will not be detrimental to the area and will , in fact, benefit the economy -of the local agriculural area. I (we) live approximately % miles V/ from the feedlot site. S i n d C1a g e B'71223 June 22, 1987 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Appli-cation for Special Use Permit for 100,000 Head Lamb Feedlot I (we) the undersigned live close to the proposed feedlot site and have no objections. I (we) feel that the feedlot will not be detrimental to the area and will , in fact, benefit the economy of the local agriculural area. I (we) live approximately miles 4 from the feedlot site. tI i, 4 4 f SU rl c) 461O- krt S' S g eel 8716.223 . CEtvE- APR 1 1937 BOARD OF DIRECTORS ERNESTTIGGES - `: - NORTH WELD COUNTY WATER :DISTRICT -AL-EX HEIDENREICH ROBERT ALKIRE r'0«!t V' GARY SIMPSON HIGHWAY 85 LUCERNE,COLORADO 80646 W.M.McKAY � :. LYLE NELSON,MGR. : £-- P.O.BOX 56 - PHONE 356-3020 April 9 , 1987 RE : Water service - Cactus Hill Feedlot ,Ken Nelson Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: 38990 Hwy 257 , Tort Collins , Co . 1 . X Water service is presently being provided to the above described property. 2 . X Water service can be made available to the above described property provided all requirements of the District are satisfied . If contracts have not been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void . Additional comments: Sincerely , NORTH WELD OpN W,�GC TER DISTRICT L el). Nelson , Manager LDN/wb B.71.223 3 June 22, 1987 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Application for Special Use Permit for 100,1)00 Head Lamb Feedlot I (we) the undersigned live close to the proposed feedlot site and have no objections. I (we) feel that the feedlot will not be detrimental to the area and will , in fact, benefit the economy of the local agriculural area. I (we) live approximately j miles )7 / ) from the feedlot site. S5gned 871223 June 22, 1987 To: Weld county Planning Commission Concerning: Cactus Hill Ranch Company Application for Special Use Permit for 100,000 Head Lamb Feedlot I (we) the undersigned live close to the proposed feedlot site and have no objections. I (we) feel that the feedlot will not be detrimental to the area and will , in fact, benefit the economy of the local agriculural area. I (we) live approximately/e, _ miles J. from the feedlot site. 7C Q -4i L igned 571223 June 22, 1987 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Application for Special Use Permit for 100,000 Head Lamb Feedlot I (we) the undersigned live close to the proposed feedlot site and have no objections. I (we)q feel that the feedlot will not be -detrimental to the area and will , infect, benefit the economy of the local agriculural area. I (we) live approximately / miles SG.J from the feedlot site. • Signed 871223 June 22, 1987 To: Weld County Planning Commission Concerning: Cactus Hill Ranch Company Application for Special Use Permit for 100,000 #lead Lamb feedlot I (we) the undersigned live close to the proposed feedlot site and have no objections. I (we)q feel that the feedlot will not be detrimental to the area and will , in fact, benefit the economy of the local agriculural area. I (we) live approximately /Zmiles -cA Thfrom the feedlot site. JJ/ Signed 871223 7(7 STATE OF -COLORADO COLORADO DEPARTMENT-OF HEALTH f rt 0 4210 East 11th Avenue ¢% gqS Denver, Colorado 80220 Phone (303) 320-8333 February 20, 1987 Roy Romer Governor Thomas M. Vernon, M.D. Executive Director Mike Ketterling Norton, Underwood and Lamb, Inc. 1020 28th Avenue, #205 Greeley, Colo. 80631 RE: Cactus Hill -Ranch Weld County Dear Mr. Ketterling: We are in receipt of your 2/12/$7 letter regarding the Cactus Hill -Ranch_f-eedlot expansion. A-s we discussed by phone, the Division has no problem with feedlot runoff which is generated on one owner's property being contained on another owner's property. Please note that if a discharge occurred from the containment pond during a smaller storm than the 25—year, 1-4—hour precipitation event, and the discharge -was caused by runoff from the other property, -Cactus Hill Ranch would have assumed responsibility for it. If you have any further questions, please give me a call -at 331-4596. Sincerely, Kathryn nlan Engineering -Technician Permits and Enforcement Section WATER QUALITY CONTROL DIVISIUN KD/njf xc: local Health Department Victor Sainz, D.E. , Field Support Section, WQCD -071.2.71 At?20857_33 _B 1143 k_ 02085733 01/22/87 16: 19 $21 . 00 1/007 F 1416 MARY ANN FEUERSTEIN CLERIC & RECORDER -WELD CO, CD WARRANTY DEED THIS DEED, made this 7// day of /,(7,-,7, „ /� <" - , 1986, between The City of Thornton, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado, Grantor; whose legal address is 9500 Civic Center Drive, Thornton, CO 80229 and Cactus Hill Ranch Company, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, Grantee, 38990 Highway 257, Tort Collins, CO That the for-EIGHT HUNDREDTHOUSAND DOLLARS ($1,�800d r,000.00)ethelon of receipthe andJm of sufficiency of N-E wLION hichis hereby acknowledged, -has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assignsforever, all of the real property, together with improvements, if any, situate, lying and being in the County of —3-b'lltle and State of Colorado, described as follows: See Exhibit A attached thereto and incorporated by reference herein, TOGETHER with all water and water rights, ditches, ditch rights, laterals and lateral rights, wells and well rights, sumps, return water systems, decrees, lakes, and reservoir rights historically used upon the property including but not limited to 9-1/2 shares in the Water Supply and Storage Company and 140 units of Northern Colorado Water Conservancy District and further including all of grantors right, title and interest in and to any and all easements, and rights-of-way appurtenant to or inuring to the benefit of the herein described property, RESERVING unto grantor an Estate for the Life of Anna M. Nelson for so long as the said Anna M. Nelson shall wish to reside thereon, in and upon the real property described on -Exhibit "B"attached to this deed and incorporated by reference herein. Grantee covenants and agrees that waste water from sheep corrals and truck wash out pit owned by Grantor may be pumped or drained onto 80 acres more or less, located in the W1/2 and SW1/4, Section 21, Township 7, Ranch 67 West of the 6th P.M., Weld County, Colorado, included within the description appearing on Exhibit "A" attached hereto. This agreement by grantee constitutes a covenant which shall run with the lands described in Exhibit "A" and shall be binding upon the -successors and assigns of the parties hereto. Grantor warrants title to the existing fence lines or legal description, whichever is less. also known by street and number as: TOGETHER with all and singular the -hereditaments and appurtenances thereunto belonging or in anywise pertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and -delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT those of record and the lien of real property taxes for the year 1986 and subject to reservations of record. Subject to easements apparent to visual inspection. Grantor WARRANTS that any water rights herein conveyed have not been abandoned. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. A Cr EST: THE CITY OF THORNTON, a -municipal corporation i . i • .`,/ ; . /y '4[, r,"LLL'. )//cLCL'z BY W . \CL 8 — y,.• ., / City Clerk .�\ �� L 71223 B 1143 REC 02085733 01/22/87 16: 19 $21 .00 2/007 F 1417 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO )ss County of bathner (4io » ) The foregoing instrument was acknowledged before me this/74 day-of /( /d, 1986, by � ! , as Mayor and yV),7,,,„ r'. /i1 / f ash/, a,c . City Clerk of the City of Thornton, a municipal corporation. • My commission-expires " J�,�, ;;;� WITNESS-my hand and official seal. Notary/Public o %r. 871..221 B 1143 REC 0a _ J5733 01/22/87 16: 19 $21. 00 3/007 F 1418 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 8021420 C-4 ' Skeet 2 of 11 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: TOWNSHIP 7 NORTH, RANGE 67 WEST OF T-HE 6TH P.M. Section 16 : That part of the SW1 lying south of the Lartmer County Canal . Section 17 : SEA, and that part of the SWhNE4 lying south and west of the right of way of the ditch of The Water Supply and Storage Company as described in Quit Claim Deed recorded in Book 250, Page 34-9, as follows : A strip of land 100 feet wide , 50 feet on each side of a center line described as commencing at a point 74 feet east of the north quarter corner of said Section 17 ; thence by true bearings, variation 1-4 ° 30 ' East, South 18° 15 ' East 180 feet ; South 37° 35 ' East 400 feet ; South 34 ° 10 ' East 10D feet ; South 30° 30 ' East 100 feet ; South 32° East 100 feet; South 13 ° 10 ' East 300 feet ; South 16° 10 ' East 1D0 feet ; South 20° 50 ' East 100 feet ; South 25° -50 ' East 100 feet; South 28° East 300 feat ; South 32° 30 ' East 100 feet ; South 40° 12 ' East 300 feet ; South 43° 55 ' East 600 feet ; South 40° 3 ' East 100 feet ; South 38 ° East to the intersection with the east and west center line of said Section 17 ; EXCEPT a strip of land 5D feet in width conveyed to The Fort Collins Development RailMay Company by Warranty Deed recorded in Book 269, Page 257 ; anti EXCEPT those portions of the SEA of said Section 17 conveyed to The Department of Highways, State of Colorado by Special Warranty Deed recorded in Book 576 as Reception No. 1497622, described as follows : Be-ginning at a point on a property line from which the northeast corner of the SEh of said Section 17 bears North 7° 36 ' East a distance of 471 . 7 feet; thence North 1° 20 ' East 281 . 4 feet ; thence North 4 ° 13 ' 30" East 152 feet to the inter- section of the west right of way line of S. H. 257 r°,m y,,.ca,z z • • .£ONTTNHFD Page 1 of ,�-4 EXHIBIT "A" B 1143 REC 020-8. J3 01/22/87 16: 19 $21. 00 4/007 F 1419 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO 802142D C-4 Sheet 3 of 11 SCHEDULE A—Continued LEGAL DESCRIPTION CONTINUED. . . (August 1966 ) with the south right of way line of the Colorado S Southern Railroad (August 19-66 ) ; thence along the south right of way line of the Colorado and Southern Railroad (August 196-6 ) South 89° 40 ' 45" East -44 . 2 feet to the east line of said Section 17; thence along the east line of said Section 17, South 0° 22 ' -05" West 464 .3 feet to a property line; thence along a property line North 69° 42 ' 15" West 63 feet, -more or less , to the point of beginning; and Beginning at a point on the south line of the SEA of said Section 17 from which the southeast corner of the SE-11 of Section 17 bears North 69° 49 ' 4S" East a dis- tance of 113 .5 fest ; thence North 0° 02 ' 30" East 3D feet to the -north right of way line of the county road (August 196-6 ) ; thence North 45° 06 ' 30" East 70.6 feet; thence North 0° D2 ' 30" East 1341. 3 feet ; thence North 1-° 20 ' East 654 . 9 feet to a property line; thence -along a property line South 69° -42 ' 15" East 64 . 9 thenceeet to the east line of the SE:along the east line of the SEy of Section of Section .7; South 0° 22 ' 45" West 2033. 8 feet to9the southeast? corner of the SEA of said Section 17; thence -along the south line of the SEA of Section 17, North 89° 4:9 ' 45" West 113. 5 feet, more or less, to the point of beginning. Section 20 : W1/2NEA, EXCEPT that portion thereof described as follows : Beginning at the southeast corner of said WhNEA; thence running West 175 . 5 feet; thence along center line of a certain lateral ditch North 16 ° 35 ' East 136 feet ; thence North 25° 05 ' East 215 feet; thence North 11° 30 ' East 212 . 5 feet to the east line of said tract; thence South on the east line of said W1/2N-Eh 535 feet to the place of beginning; ALSO EXCEPTING 9. 1 acres, more or less, in the southwest corner of said WINEA used for reservoir purposes , as shown by Map and Statement thereof and as described in Book S7, page 14 . • . .CONTINUED 871223 Form No.C-I42.3A Page 2 of 4 • EXHIBIT "A" • • B 1143 REC 0213 733 87 9 F 1420 _MARY -ANN FEUERSTEIN/CLERK 6&l-tECORDER$21. 00 WELD CO, CO 8021420 C.-4 Sheet 4 of 11 SCHEDULE A—Continued LEGAL DESCRIPTION CONTINUED. . . ALSO, that part of the NE; of the NEh of said Section 20 described as follows : Beginning at t-he northwest corner of said NE1/4NE1/4; thence running South 645 feet; thence East 166 feet to center line of a main lateral ditch; thence in a northwesterly direction along the center line of said ditch to the north line of said NE1/4NE1/4; thence West 107 feet to the place of be-ginni-ng. TOWNSHIP 7 NORTH, -RANGE 67 WEST OF THE 6TH P.M. Section 21 : NWT, EXCEPT that portion thereof lying and being in the James Lake Reservoir as conveyed to Thomas H. Hale by Quit Claim Deed recorded in Book 479, Page 13-8 . W1/4SW1/4, EXCEPT that portion thereof conveyed to The Department of Highways, State of Colorado by Special Warranty Deed recorded in Book 576 as _Reception No. 1497725 , described as follows : Beginning at a point on the south line of the SW1 of said Section 21 from which the southwest corner of the SW/ of Section 21 bears North 8-9° 29 ' -45" West a -distance of 91 .2 feet; thence North 1° 36 ' West 30 feet to the north right of way line of the county road (August 1966 ) ; thence North 47° 13 ' 30" West 74 . 3 feet to the east right of way line of S. H. 257 (August 1966) ; thence North 89° 43 ' 10" West 33 .4 feet to the west line of the SW; of Section 21 ; thence along the west line of the SW1 of Sec- tion 21 , South 0° 19 ' 15" West 79 .-9 feet to the southwest corner of the SW1 of Section 21 ; thence along the south line of the SW; of Section 21 , South 89° 29 ' 45" East 91 . 2 feet, more or less , to the point of beginning; and EXCEPT parcel of land conveyed to F. E. Nealy and ;7o Ann Nealy by Warranty Deed recorded in Book 726 as Reception No. 1648377, described as follows : Considering the south line of the SWA of said Section 21 as bearing North 89° 2-9 ' 45" West and with all bearings contained herein relative thereto; Page 3 of 4 EXHIBIT "A" LONTINIIED B d 1223 Form No.C•111.2A B 11-43 REC 02085 , 43 01/22/87 16: 1-9 621 . 00 6/007 F 1421 -MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9021420 C-4 Sheet 5 of 11 SCHEDULE A--Continued LEGAL D£5CRIPTION CONTINUED. . . beginning at a point on the northerly right of way of the county road at a point on the easterly line of Colorado State Highway No. 257 which bears South 8-9° 2'9 ' 45" East 101. 07 feet and again North 01 ° 36 ' West 30 feet from the southwest cor- ner of said Section 21 ; thence along said easterly right of way North -47° 13 ' 30" West 74 . 3 feet and again North 00' 16 ' 30" East 267. 1 feet; thence South 87° 25 ' 45" East 173. 2 feet; thence South 00° 22 ' 15" East 310. 86 feet to the northerly right of way li-ne of the -county road; thence along said northerly right of way line North 89° 29 ' 45" West 121 . 79 feet to the point of beginning. EXCEPTING from said Sections 16 and 21, a Parcel of land being more particularly described as follows : That portion of Section 16 and Section 21, both being in Township 7 North, Range 67 West of the 6th P.M. , being more particularly de- scribed as follows: Considering the West li-ne of Northwest Quarter of said Section 21 -as bearing North 00° 47 '34" West and with all bearings contained herein relative thereto; BEGINNING at the Northwest Corner of said Section 21; thence North -89°10 ' 26" East 40. 00 feet to the Easterly Right of Way of Colorado -Highway #257 and the TRUE POINT OF BEGINNING; thence along said Right of Way North 00°20 ' 50" East 297 .98 feet; thence North 9D°00 ' 00" -East 726. 09 feet; thence South 24°06 '-07" East 678. 87 feet; thence South O1°47 '31" West 470. 07 feet; thence Sout-h 12' 4,9 ' 17" West -403. 14 feet; thence South 41°-31' 58" West 338. 01 feet; thence South 14°58 ' 01" West 77.73 feet; thence South 00°34 ' 57" East 839. 84 feet; thence South 1D°43 ' 12" West 728. 41 feet; thence South 88°39 ' 00" West 494. 97 feet to the Easterly Right of Way of said Colorado Highway #257; thence along said Right of Way North 00°12 '34 " East 4_61. 92 feet and again North 00°47 ' 34" West 2640. 23 feet to the TRUE POINT OF BEGINNING. Page 4 of 4 EXHIBIT "A" -871223 Form No.C-112.2A B 1143 REC 02095733 01/22/87 16:19 $21 . 00 7/007 F 1422 MARY -ANN FEIIERSTEIN CLERK S RECORDER WELD CO, CO Ten acres enclosed in a square with the centerpoint of the west line of the square to be 1320 feet North of the SW corner of Section 1-6, Township 7 North, Range 61 West of the 6th P. I., Weld County, Colorado. EXHIBIT "B" 871223 CACTUS HILL RANCH COMPANY PROPERTY LEGAL DESCRIPTION A parcel of land situate in Sections 16 and 21 , Township 7 North , Range 67 West , of the 6th Principal Meridian , Weld County , Colorado , being more Iparticularly described as follows : Considering the west line of Northwest Quarter of said Section 21 as bearing North 00 47 ' 34 " West and with all bearings contained herein relative thereto ; Commencing at the Northwest Corner of said Section 21 ; Thence North 89° 10 ' 26" East -40. 00 feet to the Easterly right of way of Colorado Highway No . 257 and the TRUE POINT OF BEGINNING ; Thence along sad right of way North 00° 20 ' 50" East 297 . 88 feet ; Thence North 90 00 ' 0-0" East 72-6 . 09 feet ; Thence South 24° 06 ' 47" East 678 .87 feet ; Thence South 01 ° 47 ' 51 " West 470 .D7 feet ; Thence Sout-h 12° 49 ' 17 " West 405 . 14 feet ; Thence South 410 31 ' 58" West 338 . 01 feet ; Thence South 14° 59 ' 01 " West 77 . 73 feet ; Thence South 00° 34 ' 57 " East 839 . 84 feet ; Thence South 10° 43 ' 12 " West 728 . 41 feet ; Thence South 88° 39 ' 00" West 494 . 97 feet to the Easterly right of way of said Colorado Highway No . 257 ; Thence along said right of way North 00° 12 ' 54 " East 461 . 92 feet and again North 00° 47 ' 34 " West 2640 .23 feet to the TRUE POINT OF BEGINNING . Said parcel of land contains 58 .B35 acres , more or less . 87L223 CITY OF THORNTON PROPERTY FOR CACTUS HILL RANCH FEEDLOT EXPANSION LEGAL DESCRIPTION A parcel of land situate in Section 21 , Township 7 North , Range 67 West , of the 6th Principal Meridian , Weld County , Colorado , being more particularly described as follows : Considering the -West line of the Northwest Quarter of said Section 21 as bearing North 00 47 ' 34" West and with all bearings contained herein relative thereto ; Commenci0g at the Northwest Corner of said Section 21 ; thence North 89 10 ' 26" East 40 . 00 feet to the Easterly right of way of Colorado Highway No . 257 ; Thence along saad right of way North 00° 20 ' 50" East 2-97 . 88 feet ; Thence North 90 00 ' 00" East 726 . 09 feet ; Thence South 24O 06 ' 47 " East 678 . 87 feet ; Thence South 01 ° 47 ' 31 " West 470 . 07 feet to the T12Di POINT OF BEGINNING : Thence South 89° 48 ' 43" -East 1044 . 40 feet ; Thence South 05° 50 ' 04" East 370 .29 feet ; Thence South 09° 07 ' 29" West 49-6 . 86 feet ; Thence South 23° 36 ' 02 " West 296. 22 feet ; Thence South 13° 30 ' 40" West 34_6 . 80 feet ; Thence South 41 ° 20 ' 29" West 292 . 82 feet ; Thence South 26° 45 ' 11 " West 177 . 46 feet ; Thence North 8-9 53 ' 22" West 220. 35 feet ; Thence South 00° 08 ' 17" East 521 . 75 feet ; Thence North 84° 49 ' 00" West 763 . 51 feet ; Thence North 10D 43 ' 12" East 728 . 41 feet ; Thence North -00° 34 ' 57" West 859 . 84 feet ; Thence North 14° 39 ' 01 " East 77 . 73 feet ; Thence North 41 ° 31 ' 58" last 338 . 01 feet ; Thence North 12° 49 ' 17" last 405 . 14 feet to the TRUE POINT OF BEGINNING. Said parcel of land contains 57 . 439 acres , more or less . 871221 FARM LEASE THIS LEASE AGREEMENT made and entered into this thirty—first day of October by and between the City of Thornton acting by and through its Utilities Board ("Thornton"), and Cactus Hill Ranch Company 38990 Highway 257, Fort Collins, CO 80524 ("Tenant"). WHEREAS, Thornton is presently the -owner of the property described in Exhibit "A" attached hereto and incorporated herein by reference, hereinafter referred to as "the property" or "demised premises", and WHEREAS, the property described in Exhibit "A" consists of 600 acres and includes certain water rights appurtenant thereto, and WHEREAS, said property further includes certain improvements-more particularly described herein, NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: 1. Demised Premises. -Thornton hereby leases to Tenant and Tenant leases from Thornton the following described property: (a) The real property described on Exhibit "A" together with the following described water rights: 9i shares WS&S total $5,223.00 together with the following-described improvements to the-aforesaid real-property:--1- cet— located at 39288 Highway 257, Fort Collins, • • (b) The following improvements are specifically excluded from -this lease: None 2. Term. This lease shall commence on the 1st day of January 19B7 , and terminate on the 31st day of December , l-9 3 subject to the renewal options herein set forth. 3. Renewal Option - Mental Adjustment. On or before September 1-5th of each year during the term hereof, Thornton shall notify Tenant of the rental which shall apply for the next succeeding year. Tenant shall thereafter have the right-to re-new this lease for additional successive terms of one year each upon the conditions herein set forth, subject to such adjustment in rental, upon Tenant providing written notice of intent to renew to the City of Thornton to the address herein specified on or before October 1, 1987, for the first year of the term hereof entered on or before October 1 of any succeeding renewal term. Tenant shall be entitled to renew this lease upon terms and conditions set forth herein, including rental adjustment as determined by Thornton, for a period of three consecutive renewal terms, terminating on December 31, 1990 - 1 - 871223 4. R-ental. The property -shall be rented upon the basis of the utility of said property for agricultural_purposes: $24, 750.00 $ 45.00 per acre, 550 acres tillable irrigated $ per acre, --- acres tilla-ble, dry $ per acre, --- acres pasture $ per acre, 50 acres waste $ per acre, --- acres_pumped irrigated 5,225.-00 Total cost for 9} shares of Water Supply and Storage. This lease will be paid in full on January 1, 1487, for this we TOTAL ANNUAL RENTAL have allowed a 5% discount of $1,498.75 $ 28,476.25 (a) Annual rental Shall be due in advance on January 1, 19 87 and upon the first -day of each January during the term hereof. In lieu of full rash payment for rental hereunder, Thornton shall accept N/ A % of the rent due on January 1, accompanied by a letter of credit from a banking institution approved by the City of Thornton, for the full balance of the rent due, said letter of credit to be drawn upon on • or before the N/A day of N/A , 19 N/A. (b) In the event any rental payment is not paid when due hereunder,-such rental shall bear interest at the-rate of 18%per annum. 5. Taxes. Thornton shall pay all legally imposed property taxes (if any) upon the property for the term -hereof. Tenant shall be responsible for payment of all taxes upon personal property. 6. Water -Assessments.Thorntonshall pay any and all assessments upon water rights herein demised for the term hereof. Thornton shall notify Tenant of the annual assessments on all water stock or CBT units and payment shall be made by Tenant to Thornton with 10 days of said-notification. Failure to render payments within said period shall be considered a default on payment of rental hereunder. Water Supply and Storage Company will be paid with annual rental terms, and all other assessments, including the laterals * 7. Except as otherwise specifically provided herein, Tenant shall be responsible for all expenses connected with the property and improvements including but not limited to labor, seed, fertilizer, utility charges, pumping charges, power, pesticide or harvesting fees, and water-charges. 8. Tenant covenants and agrees as follows: a. To plow, prepare seed ted, cultivate and farm the property in a good farmlik-e manner. b. Not to assign this Lease or sublet the property or improvements or any part thereof, without prior written consent of Thornton. c. To allow Thornton for itself, its agents, representatives or assigns, 7c' attached hereto, will be paid by tenant per this paragraph. - 2 - czoi rid23 employees and all persons claiming by, through or under Thornton to have the right of entry,-at all times for any purpose. d. To install any improvements only with the written approval of Thornton. e. Tenant shall indemnify Thornton against all claims or liabilities resulting from Tenant's farming operations on the property. f. Weeds. All weeds in the highways, roadways, and along lateral ditches, fences and fields shall be destroyed by Tenant before the same shall form seed. Tenant shall exercise such methods and practices as may be reasonably necessary to control and eradicate noxious weeds growing or accumulating on the property and to exercise such practices as are-required, consistent with goad farming methods in order to keep all crops free and clear of weeds. g. Tenant shall, at -his own cost, keep in good condition and repair all fencing, buildings, corrals, pumps, wells, well fixtures and other related irrigation equipment, lawns, trees, shrubbery, hay and hay yards, laterals and ditches as well as all improvements. Tenant agrees to care for and protect all appliances, electrical and mechanical, owned by Thornton and located on said premises. h. Tenant shall clean out and maintain all lateral ditches leading from the main canal to and upon the premises and all sublaterals, joined with others jointly using -the same to the full extent of his proportionate share of such work. Tenant shall construct all distributing ditches. Tenant shall not hold Thornton responsible for any shortage or an excess of water for irrigation purposes. Tenant shall cultivate all land leased and in preparation of the ground for crops shall plow and level down all distributing ditches and -make new ones in lieu thereof (except the laterals used by others by-reserve for their use and which shall not be interfered with). i. Tail Ponds. Tenant, at Tenant's expense, shall remove -all sediment piles accumulated_from prior cleaning of tail ponds on the demised premisesand shall be responsible for cleaning each such tail pond at least one time per year for the term hereof. j. Fainting. Tenant -shall bear responsibility for painting of all buildings and improvements so as to maintain the -same in good condition at all times and in any event, all improvements and buildings shall be maintained in as good a condition as they existed at the time of execution of this lease. Paint for said purposes shall be furnished by Thornton at its expense. k. Tenant shall preserve and protect all flumes, siphons, -checks, dividing boxes and underground tile or drainage systems, if any, on said premises and from time to time and as often as conditions may require to clean out same in order -that water may flow uninterruptedly. 1. Tenant's obligations set forth under sub paragraphs C & K shall be limited as follows: _Thornton shall _pay all major capital improvement .costs. Thornton, or its agents, will approve improvements prior to such expenditures. - 3 - 8 91.'223 -9. Thornton hereby reserves all coal, oil, gas, mineral and mineral rights in, on or underneath the surface of said property or any apart thereof in and to his Lessees of all or any part thereof, their heirs successors, or assigns, the right to ent-er in and upon the surface of the said property ad have and use and enjoy so much of said property as shall be required to prospect for, develop and produce from the property or any part thereof as well as to have so much of said property as shall be required for'Puddings, tanks, pipes, lines, fixtures and -equipment in connection therewith and desire to be placed thereon. All of the foregoing shall be done as a reserve right and without opposition or hindrance from said Tenant as fully and completely as if this Lease has not been made. At the time of suchpossession, if the land has been prepared for crops, or if a growing crop be thereon, then the Tenant shall be paid for his work in preparation and also for any growing crop thereon to the extent of his share and interest in the same, which payment shall be upon a basis consistent with the conditions at tie such possession is acquired; if the land has not been so prepared for a crop, then it shall be subject to occupancy as reserved land under the direction of Thornton for its use and occupancy and, in that event, the Tenant shall make no claim for land prepared or in crop other than a refund of the prorated amount of the cash rent paid under this Lease for each acre taken. 1U. Thornton shall be entitled to and shall have a valid claim against Tenant as additional rent to recover for all money advanced from employment of labor or otherwise advanced to protect himself against any loss occasioned by reason of any failure by Tenant to fulfill and perform any or all of the conditions and agreements and things herein agreed to be done and performed and claims for damages against Tenant for loss occasioned by neglect and failure to perform all things herein agreed to be done -and performed including, but not limited to, the right of Thornton to cut weeds and otherwise perform Tenant's obligations under Paragraph 10 above. Thornton shall have a lien on the share of crops of Tenant and other property of Tenant for the rent, additional rent and/or damages due Landlord under this Lease. Thornton shall subordinate any lien pursuant to -this paragraph as reasonably necessary to allow Tenant to secure bank financing necessary to conduct farming operations hereunder. 11. Non-Waiver. Failure of Thornton to insist in any one instance or more in the performance of any of the terms, conditions, or covenants of this Lease or on the exercise of any privileges herein contained and shall not be construed as thereafter waiving any such or any other covenants, conditions, or rights or privileges, but the same shall continue and-remain in full force andeffect. 12. Use of Premises. The demised premises shall be used solely for the purpose of conducting farming operations and residential use -associated therewith. Tenant agrees not to use or permit the property to be used for any unlawful or illegal business or purpose and to do no act whereby any insurance or buildings, equipment or feed supplies may be invalidated and not to remove or damage any buildings, fences, trees, shrubbery, equipment or other improvements without the express consent of Thornton. 13. Alterations. Tenant shall make no alterations or additions to the property structural or otherwise, without first securing the written consent of Thornton. g _ 871.023 14. Insurance. Thornton shall maintain, fire and extended coverage insurance for all buildings and improvements upon the demised premises. Tenant shall maintain liability insurance to cover all farming operations conducted pursuant to this Lease -and -shall be responsible for insuring all personal-property of Tenant located upon the demised premises. 15. This Lease shall not be construed to be extended beyond its date of expiration by anything done by either of the parties-hereto unless such-extension be made in writing hereon attached and made a part hereof and signed by the parties entitled to sign such additional part. Any claim by Tenant that he had a verbal understanding-and by reason thereof fall plowed, prepared ground for fall_planting, and did plant or seed or any other thing to be done by him shall be_construed to be done at his own risk and shall be held to be forfeited -and no claim shall be valid or established by reason thereof unless the same be done in writing or under authority of a new Lease for ensuing year. Any clai-m for such shall never otherwise be made or established and this section shall be held lobe sufficient notice and a material part of the Lease. 16. At -the expiration of this Lease, Ten-ant agrees to leave the property and improvements in as good order and condition as when he took possession of the same, ordinary wear, uncontrollable loss by fire or inevitable accidents excepted. In case Thornton shall, at any time, declare this Lease ended by reason of default in any of the covenants or agreements herein, then the Tenant agrees to surrender all the property and improvements to Landlord, his successors and assigns to be repossessed by him or them as in its first or former estate. If Tenant shall fail to surrender said property and improvements peacefully immediately upon expiration of this lease or if he shall remain in possession of the same ten days after written notice of default or after termination of this Lease, he shall be deemed guilty of a forcible detainer of the property and shall be subject to damage sustained and eviction, removal, forcible or otherwise, with or without process of law. In such event, its attorneys or authorized agents may re-enter and repossess the demised premises. 17. In -the event of a dispute between Thornton and Tenant which results in litigation, the prevailing party in litigation shall be awarded his costs and reasonable attorney's fees. 1-8. For_purposes of this Farm Lease all notices and payments shall be sent to Thornton at City of Thornton, c/o Thornton Farm Management, P.O. Box 128 Ault, CO 80610 and notices to Tenant at 38990 Highway 257, Fort Collins, CO -80524 unless otherwise designated in writing. 19. When signed, this Agreement shall be binding upon the heirs, _representatives and assigns of the parties. 20. Assignments - Subletting. Neither this lease or any of Tenants rights or obligations hereunder shall be assigned nor shall the demised premises be sublet, without the prior written consent of the City of Thornton, which consent shall not be unreasonably withheld. - 5 871223 21. Oral Modification. This lease may not be changed orally but only by agreement in writing signed by the party against whom enforcement of any change hereto is thought. 22. Mechanics Liens. Within ten days after any notice from Thornton, Tenant shall discharge any mechanics lien for materials or labor claimed to have been furnished to the_premises for Tenant's benefit In the event that Thornton must discharge any such lien, the amount paid by Thornton shall become additional rental hereunder. 23. Upon the commencement of the term -hereof, this lease and agreement shall supersede any and all prior agreem-ents between the parties hereto relative to leasing of the herein described property. 24. Wherever reference is this Lease is made to Thornton, said reference shall include the duly -appointed or designated property management agent for the City of Thornton. TENANT: BY ( (117/ l/// CITY OF TTIORNTON: BY< .,..v.....eb,e,0 6,• &&&67- ATTEST: (ACKNOWLEDGMENT ON FOLLOWING PAGE) - 6 - 871 o9:f) ACKNOWLEDGMENT STATE OF COLORADO ) ) ss COUNTY OF Weld ) The above and foregoing signat re of 4). 1,64-,L4) was subscribed-and sworn to before me this JO day of o-z�� , 1986. Witness my hand and official seal. My Commission Expires-Seat. U. 1990 My commission expires on : Mary L. Eaton Notary Public Address: 203 First Street Ault, CO 80610 Phone: 834-2785 (SEAL) • - ACKNOWLEDGMENT STATE OF COLORADO ) ss COUNTY OF ;;/u,I',9✓_42 ) The above and for-eying signature of% '. ;;,,,<4r'' (I, Y"i.,;(1 4/,wassubscribed and sworn to before me this irn day of Apo , / , 1986. Witness my hand-and official seal. My commission expires on : ; , J � ) ( /c I i . .- ;\. ./I! c (c Notary Public Address: (s","7-77) C �i ;.a ,i> (/- 7--.� /7(.4 .'--.'77,74 _i7j74 .4 ; /,, (/(. (',, - Phone: r.__� c_ :/ y , (SEAL) - 7 — 871223 Cactus Hill Ranch Feedlot Expansion NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Plea-se print nr type NAME ADDRESS, TOWN/CITY, ASSESSOR'S -PARCEL STATE AND ZIP CODE IDENTIFICATION /I Thornton, City of 9500 Civic Center, Thornton 20229 0705-17-000-013 Heckman, John 1/2 Int Heckman Marvin & 1020 Meadowbrook, Ft.Collins 80521 070-5-20-000-013 Dorothy 1/2 Int Heckman, John 1/2 Int Heckman. Marvin & 1020 Meadowbrook, Ft.Collins 80521 0705-20-000-020 Dorothy 1/2 Int Nelson, George & Milidred 8373 Weld Cty Rd 78, Ft.Collins 80521 0705-21-000-004 K -& M Company 3201 Shore Dr. ,Ft.Collins,80524 0705-21-D00-005 Thornton, City of 9500 Civic Center, Thornton 80229 0705-21-00D-046 Cactus Hill Ranch 38- 90 Hwy 257, Ft.Collins 80521 _0705-21-000-047 Thornton, City of 9500 Civic Center, Thornton 80229 D705-21-000-048 Cactus Hill Ranch 38930 -Hwy 257, Ft.Collins 80521 0705-21-000-049 Cactus Hill Ranch 38990 Hwy 257, Ft.Collins 80521 0705-16-000-050 871223 Cactus Hill Ranch Feedlot Expansion AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property NW1/4 & W1/2 of SW1 /4 Sectiot 21 , T . 7N . , R . 67W. SW1 /4 Section 16 , T . 7N . , R . 67W . STATE OF COLORADO ) ss. COUNTY OF -WELD ) THE UNDERSIGNED, being first duly -sworn, states that to the best -of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the -Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the 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 submission Hate.t 767i.C — /�Xo_trl\ The foregoi- iristrument was subscribed and sworn to before me this . 14u des y of � — 4[, ,>,�E� _, 19 � WITNESS my hand and official seal. My Commission expires: 2 ) 3 - / yaLi. 6 - i< L < c..;1 Notary Public /. 871223 MINERAL OWNERS W 1/2 of SW 1/4, Section 16, T. 7N. , R. 67W_ State of Colorado Board of Land Commissioners 620 Centennial Building Denver, CO 80203 NW 1/4, Section 21 , T.7N. , R. 67W. (subterranean coal only) Upland Industries Corporation Attn: Mr. 2. J. Stevens 302 South 36th Street Omaha, Nebraska 68131 NW 1/4, Section 21 , T.7N. , R. 67W. Dorothy J. Long 40D Dartmouth Trail Fort Collins, CO 80525 NW 1/4 Section 21, T. 7N. , R. 67W. ( 50%) City of Thornton 9300 Civic Center Thornton, CO 80223 W 1/2 of SW 1/4, Section 21, T. 7N. , R. 67W. Adolph & Thelma Winter 822 -Locust Windsor, CO 80550 W 1/2 of SW 1/4, Section 21, T.7N. , R.67W. ( 50%) City of Thornton 95-00 Civic Center Thornton, CO 8-0229 8712'-'3 Cactus Hill Ra„ch Feedlot Expansion AFFIDAVIT OF INTER-EST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject _Property NW1/4 & W1/2 of SW1/4 Section 21, T.7N. , R.67W. STATE OF COLORADO ) ss. COUNTY OF WEED THE UNDERSIGNED, being first duly sworn, states that to the -best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of -mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or -from an ownership update from a title or abstract company or an attorney. 411141( The foregoi\g instrument was subscribed and sworn to before tie this • day of � � ,--f7--X L 1 y�1/ WITNESS my hand and official seal. My Commission Expires: �Not�y Public /72{ ?,≥ l< //4«c. . 871223 8/28/87 copies of notice mailed first class to: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. 0. BOX 758 GAY, COLORADO 80632 MIKE KETTERLING NORTON,UNDERWOOD & LAMB 1020 28TH AVENUE GREELEY, CO 80631 BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. 0. 130X -758 GREY, COLORADO 80632 RICHARD B. MANGES, ATTORNEY AT LAW 160 W. MOUNTAIN AVENUE FORT COLLINS, CO 80524 • 88223 Hello