HomeMy WebLinkAbout870521.tiff RESOLUTION
RE: APPROVE USE BY SPECIAL REVIEW FOR A SINGLE FAMILY RESIDENCE
ON A PARCEL OF LAND LESS THAN THE MINIMUM LOT SIZE REQUIRED
IN THE AGRICULTURAL ZONE DISTRICT - CHAD AND JAYMIE NOLAND
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 24th day of June, 1987 , at the hour of 2: 00 p.m. in
the Chambers of the Board for the purpose of hearing the
application of Chad and Jaymie Noland, 6632 East County Road 58 ,
Fort Collins , Colorado 80524 , for a Use by Special Review for a
single family residence on a parcel of land less than the minimum
lot size required in the Agricultural Zone District on the
following described real estate, to-wit:
Part of the Nh NW4, Section 7 , Township 8
North , Range 67 West of the 6th P.M. , Weld
County, Colorado
WHEREAS, Chad Noland, one of the applicants, was present , 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 proposal is consistent with the Weld County
Comprehensive Plan in that it permits low density
residential development on non-prime agricultural
land as recognized by the soil conservation
district. The soils report states that the soils
capability subclass designation is VIe, which
}
l � � �. �r11Ft� 870521
Page 2
RE: USR - NOLAND (N? NW4 7-8-67)
indicates severe limitations that make it
unsuitable for cultivation.
b. The proposed use is consistent with the intent of
the Agricultural District and is provided for as a
Use by Special Review.
c. The uses permitted will be compatible with the
existing surrounding land uses and with future
development of the surrounding areas as permitted
by the Agricultural Zone District.
d. No overlay districts affect the site.
e. 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 single family residence on a parcel of
land less than the minimum lot size required in the Agricultural
Zone District on the hereinabove described parcel of land be, and
hereby is , granted subject to the following conditions:
1 . The attached Development Standards for the Use by
Special Review permit be adopted and placed on the Use
by Special Review plat prior to recording the plat.
2. The Use by Special Review activity shall not occur nor
shall any building or electrical permits be issued on
the property until the Use by Special Review plat has
been delivered to the Department of Planning Services
Office and the plat is ready to be recorded in the
9ffice of the Weld County Clerk and Recorder.
3. The following note shall be placed on the Use by Special
Review plat prior to recording:
"Weld County Road 13 within this area has a very
low traffic demand and does not receive regular
maintenance. During periods of heavy snows this
type of road would not be opened for several days .
Also, during periods of wet weather the roads may
not be passable with standard passenger vehicles. "
870521
Page 3
RE: USR - NOLAND (Nz NWq 7-8-67)
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 24th day of
June, A.D. , 1987 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: -‘611161WELD COUN , COL ADO
Weld County Clerk and Recorder
and Clerk to the Board G a , airman
G7XoR l �c �yc C. . Kirby, r -Tem
D puty County CI k
EXCUSED DATE OF SIGNING - AYE
APPROVED AS TO FORM: VGene R. Brantner
Ja. que e Joh s n
4_-,__,County Attorney EXCUSED
Frank Yamaguchi
870521
DEVELOPMENT STANDARDS
Chad and Jaymie Noland
USR-784: 87: 8
7 . The Use by Special Review permit is for a single family
residence on a parcel of land less than the minimum lot -size
as submitted in the application materials on file in the
Department of Planning Services and subject to the
-Development Standards stated herein.
2. The Use by Special Review site shall be maintained in native
grasses and not in cropland. Proper grazing practices will
be used to avoid overgrazing.
3 . Prior to the issuance of building permits , an on-site
investigation by a certified professional engineer, licensed
by the State of Colorado, will be conducted to determine
specific soil limitations at the building site.
4 . All construction done on the property shall be in accordance
with the requirements of the Weld County Building Code
Ordinance.
5 . The property owner or operator shall be responsible for
complying with the Design Standards of Section 24. 5 of the
Weld County Zoning Ordinance.
-6 . The property owner or operator shall be responsible for
complying with the Operation Standards of Section 24 . 6 of the
Weld County Zoning Ordinance.
7 . Personnel from the Weld County Health Department, the Soil
Conservation Service, and the 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
pegulations .
B . The Use by Special Review area shall be limited to the plans
shown herein and governed by the foregoing Standards and all
applicable Weld County Regulations. Any material deviations
from the plans or Standards as shown or stated shall require
the approval of an amendment of the Permit by the Weld County
Planning Commission and the -Board of County Commissioners
before such changes from the plans or Standards are
permitted. any other changes shall be filed in the office of
the Department of Planning Services .
87D521
Bage 2
DEVELOPMENT STANDARDS - N0LAND (Nh NWq 7-8-67)
9 . 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.
879521
HEARING CERTIFICATION
DOCKET NO. 87-34
RE: ILSE BY SPECI-ALIREVIEW FOR A SINGLE FAMILY RESIDENCE ON A -PARCEL OF
LAND LESS THAN THE MINIMUM LOT SIZE REQUIRED IN SHE AGRICULTURAL
ZONE DISTRICT - CHAD AND JAYMIE NOLAND (N}NW} 7-8-67)
A public tearing was conducted on June 24, 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 - Excused
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, -Bruce T. Barker
Planning Department -representative, Brian Single
The following business was transacted:
I hereby certify that pursuant to a notice dated June 1, 1987, and duly
published June 11, 1987, in the Johnstown Breeze, a public hearing was
conducted to consider the request of Chad and J-aymie Noland for a Use
by Special Review for a single family residence on a parcel of land
located in the N}NW} of Section 7, Township 8 North, Range 67 West of
the 6th P.M. less than the minimum lot size required in the
Agricultural Zone District. Prior to this hearing, _Chairman Lacy
explained that, only four Commissioners being present, should the
tearing result in a 2--2 vote, the absent Commissioner would review the
record and listen to the tape of this hearing prior to casting the
deciding vote. Bruce -Barker, Assistant -County Attorney, made this
matter of record. -He also stated that this request -was forwarded to
the Board with the same Planning Commission and Planning staff
recommendations as for Docket 1187-33, heard immediately prior to this
hearing, submitted by the same applicant for a similar Use by Special
Review on the NSW of the same section of land. Chad Noland, one of
the applicants, came forward -and requested that his comments from the
previous hearing be entered into the record of this hearing. No public
comment was made concerning this request. Commissioner Johnson moved
to approve this request for a Use by Special Review, based upon the
recommendation of the Planning staff and subject to the Conditions and
Development Standards in said recommendation.
This Certification was approved on the 29th day of June, 1987.
APPROVED:
~I BOARD OF COUNTY COMMISSIONERS
ATTEST:Pi, 7"AA WELD CO NTY �QLO 0
Weld County Clerk and Recorder (�
and Clerk to the -Boa Go . La , airman
uyt gJeiji
D puty County _l rk CII Kirb lPro-Tm
EXCUSED
Gene R. Brantner
TAPE #87-45 �-
Ja que ne Uo' n: on
DOCKET #137-34
EXCUSED
PL0181 Frank Yamaguchi
t
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 : JUNE 24 , 1987
DOCKET #86-80 - SHOW CAUSE, ME CORPORATION (9 : 00 A.M. )
DOCKET #87-15 - INDIANHEAD LOCAL IMPROVEMENT DISTRICT
DOCKET #87-33 - USR, SINGLE FAMILY RESIDENCE, CHAD & JAYMIE NOLAND
DOCKET #87-34 - USR, SINGLE FAMILY RESIDENCE, CHAD & JAYMIE NOLAND
DOCKET #87-35 - USR, SINGLE FAMILY RESIDENCE, CHAD & JAYMIE NOLAND
DOCKET #87-36 - USR, AGRICULTURAL BUSINESS , BUTCHER BLOCK CATTLE COMPANY
NAME ADDRESS HEARING ATTENDING
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870521
NO T I C -F
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 tearing, 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 ward'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 horne by the _requesting
party.
SE IT ALSO KNOWN that the text and maps so certified by the Weld County
Planning Commission may he examined in the office of the Clerk to the Board
of County Commissioners, located in the -Weld County tentennial Center, 915
10th Street, Third Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. R7-34 Chad and Jaymie Noland
6632 East County Road 58
Fort Collins, Colorado 80524
DATE: June 24, 1987
TIME: 2:00 P.M.
REQUEST: Use by Special Review - Single family residence on a parcel of
land less than the minimum lot size requited in the Agricultural
Zone District
LEGAL DESCRIPTION: Part of the N} NW} of section 7, Township 8 North, Range
67 West of the 6th P.M. , Weld County, Colorado
LOCATION: 9.5 miles northwest of Pierce; east of Weld County Road 13 and
south of Weld County -Road 96
BOA-RD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO IRE BOARD
BY: Mary Reiff, Deputy
DATED: June 1, 1987
PUBLISHED: June 11, 1987, in the Johnstown Breeze 870521
tX///;B/f �'y
•
AFFIDAVITIOF PUBLICATION
NOTICE
Pursuant to the zoning laws of
the State of Colorado and the THE JOHNSTOWNBREF2E
Weld County-Zoning-Ordinance,
a public hearing-will be-held in STATE OF COLORADO I
the Chambers of the Board of I SS
County Commissioners of Weld
_County,-Colorado, Weld County COUNTY Oh WELD 1
Centennial Center 415 10th
Street, First Floor Center,
Colo-
I,Slytic Briggs, do solemnly swear that I
Colo-
rado,persons the nymye specified. e- -r- am _publisher _of The Johnstown Breeze; •
letl in s the any
manner by pecial that the same is a weekly newspaper
Review are requested to attend
and may be heard printed, in whole or in part, and published
-Should the -applicant or -any in the County of Weld, -State of Colorado,
interested party desire the and has a general circulation therein; that
presence of a Sun reporter to said -newspaper -has been published
make a record of the proceed- +
Ingo in addition to the taped continuously and uninterruptedly in said
theoheaing,p thel bCerkttourthe County of Weld for a period of more than
Board's Office-can-be tontacted fifty-two consecutive weeks prior to the
for a list xf certified .court
- reporters in the area. If a court first publication of the annexed legal notice
reporter la obtained,the Clerk to the or advertisement; that said newspapernewspaperIlan
a Office shall be
at advised in n writing of such action been admitted to the United States mails as
ae
hearriing The costbfpenriorgagingto ha Second-class matter under the provisions of
court reporter shall±e borne by the Act Uf March 3, IH7b, or any
the requesting yarty.
amendments thereof, and that said'
BE
IT ALSO so certifiedrty the newspaper is a weekly newspaper _duly
Weld_County Planning Commis- qualified for publishing legal notices and
Commis-
sion may be-examined in the
office of the_Clerk to the Board-pi advertisements within the meaning of the.
County Commissioners„ located laws_of the State of Colorado.
Center Weld 100tthntSStrre<t,Centennial That the annexed legal notice nr_tdvertise-
Floor, Greeley, oloratla meat was published in the regular and
DOCKET NO. 87-34 entire issue ottvery number of said weekly
Chad and Ja-APPLICANT
ieP NolanO newspaper for the period of ../.. consccu-
ort-Collins,County ol Road- 24 live insertions; and that the first
Fortllln Colorado-80524
DATE:.June24, 1987 publication of said notlets.was in the issue tit
said newspaper dated 6//i All. 1S.,
TIME: 2:00 P.M, and that the last publication of said notice
REQUEST: Use in Special was ill the issue of said newspaper dated
Review Single family residence r
one parcel of land less than the , A.D. ID
minimum lot size required in the In witness whereof I have herl'linto set
minimum l Zone Dlatnet �,;
my handde�this ...-22,. day of _ ,u,+lv
LEGAL DESCRIPTION:-of fOS: Part of A.D. 19.57
the N& NWW Section 7.
Township 8 North, Range 87 /
CWest ounty,fC the oloredoh P.M, Weld
G
LOCATION:4.5 miles northwest Publisher
of Pierce, east of Weld-County
Road 13 add south of Weld
County Road 98
BOARD OFF UUNTY Subscribed and sworn to before me, a
COMM NBRs Notary .Public in and for the County of.
WEL N o O Weld,-State of Colorado{this .2.7.. days)!
1 SY _ANN 71idmG 1. A.D. 19 ./..
COUNTY LEAK AND K �1� J///�/
RECORDER NO BOARD x� �yµ� !(/! �'" "TO a NE BOARD
BY: Mary ,. HL Deputy Notary Public
i
DATED: June 1, 1987
PUBLISHED: June 1987, in
the Johnstown Breeze My commission expires
,.,V Cor r-,
870521
The Coloradoan
STATE OF COLORADO
COUNTY OF LARIMER )ss. AFFIDAVIT OF PUBLICATION
)
being first duly sworn upon oath, deposes
and says: That said is the
TPse1 Ct i that
Coloradoan;
that said has personal knowledge of all facts set forth in this affidavit; that The Coloradoan
is a public daily-newspaper of general circulation, having its principal office and place of
business situated in said County of Larimer; thatsaid Coloradoan is printed and published
daily; that said Coloradoan is a daily newspaper, duly qualified for the purpose set-forth
nitnh, th.; ineaning of Chapter 109, Article 1, Sections 1-1 to 1-8 inclusive of Colorado
Revised Statutes 1963, and any amendment thereof passed prior to the date hereof; that
said newspaper had, prior to January 1, 1936, and has ever since said date been admitted to
the United States Mails-as second class matter under-the provisions of the Act of March 3,
1879, and any amendments thereof, that said newspaper isprinted in whole in said County
of Larimer and has a general circulation therein; that said newspaper has been so printed
and published as a public-daily newspaper of general circulation in said County of Lar-
imer, uninterruptedly and continuously, during the period of more than fifty-two consecu-
tive weeks next prior to the fir-st issue thereof containing the annexed legal notice of
advertisement; that said annexed legal notice or advertisement was published in the
regular-and entire editions of said newspaper for
successive weeks on y�o i of each successive week; that the
first publication of said legal notice or-advertisement was in theregularand entire edition
of said newspaper on the _10th
publication of-said legal notic-e or advertisement tisement was ay of June egular-and7 entire_d; that ition-of
said newspaper on the 10th day-of June
copies of each-number of-said-paper in which said-notice or advertisement was published
were deliveredby carriers or transmittedthy-nail to each of the subscribers of said paper,
according to the accustomed node of business in this office.
W51
Subscribed hand sworn to before me, at and within the County of Larimer, State of Colorado
this lU day of June
, A.D. 1987
My commission expires
Mary Reiff
Weld County Commissioners ° °ry Public
915 10th Street
Greeley, CO 80631
Delivered to 870521
----------------------------- ---
IMiiNOTICE
wa.wml: 2onlno laws orthe
Stab of Colorado anaih•Weld
Iin nearing WBI be Read In the
Chambers of tin-Boa tedtglMy
Comm of Weld•C••my,
Colorriedde�W9�W i First
Xounty �gap.
Mot p ,
Floor,GryWW a
time specified.All C 'Ia persons In any mannerinfergerW M Me-Um W....:
So•cle a lateview irtr slNjby-le
a and t'.
Shook RM Of WY inter-
?Ent'.soled'"r o mortar bomapa AccorenCe u..
of tits Proaegina,In addition to
the taped r cerd which)-will be-93101
Clerk trotheegE }he e0Mootania
contacted-for a 1M of terNRad
cowl reaertersin cheated.if a
court reporter ill abt tihe
Clerk to ear the Bd's Shall
be advised-m dsv each)
then at Want coif
dcyayrler to
t
tee Waring-The calf of engaging
•court rePOrerSO be borne W
Me BE I iTp' L parfy.
1T -.etr* that tea
Weld CewdyfilSt end eaps Planningmiss--
slon may pia**a
mbled bed In me off
IIce or e ller%ya the Rend of
Coolly
Wald s, located
In
Caller, 915 1gill Sheet,Centennial
Floor,-Greeley,
loorr,-_DOCKET yp, Colorado.
e
APPLICANT
-Chad andJpmy.No{mt
Se
Farattmenly r-Collins, j�Wp arr p4
DATE:Ant 24 $7
TIME:2;a PAL'
w a family
residence
phtimu 11 yem Mtjp ttareeprplanty(rdd EINWIII MS 5h0,1 Me
LLEOALDE>cultortel CRIPTIONi; Part
of
the NN NW1a-of$rcRen 7,Town-
ship I Norm, R•ngs#r West of
Me dthP.M.,Weld County,COW
LOCATIel WET**
ROW 13 and appO111MOWIT
%le 1001 of Weld EOeMyltoad
BOARD_OP COt NTY-t MMw
STONERS ,
WELOSOUNTY,COLORADO'
BY:MARY-ANNPEUERSTEIN
COUNTYYLIERK-ANDatECOR-
DER
A KTOTNE BOARD
Y:Mary BY:Mary Reiff,Deputy
DATED:Juno 1,1917
The ColarWOan WS1'.
June 10,1917
876521
,INKS CATTLE CO. 2JON 1 91987 ,
2405 North Overland trail A ;+Li
P.O. Box710
1aPorte, Colorado 80535 J T
(303) 221-4261
June 16, 1987
County Commissioners
Weld County
Greeley, Colorado
RE Docket No. 87-34, etc. , Noland variance
Gentlemen:
Gentlemen:
We received a notice that a meeting would be held on dune 24, 1987,
concerning the application of Chad and Jaymie Noland to divide their
land into 40 (or 80?) acre parcels. Dr. Brinks will be doing some
consulting for the King Ranch in Texas at that time and I will probably
not drive ever to Greeley, but we did want to put in our two cents, •since
_at least some of the Noland land borders ours.
I tend to view things long term. I have been a "Save the Environment"
person all my life, and involved in agriculture most of my life. Some
terrible mistakes have been made in and around Fort Collins the past 20
years: the development of prime agricultural land and the selling off
of our water are two examples. And it seems like every time the planning
board says yes to tearing up fertile land, they say no to development of
any kind of marginal land. No one on the outside would ever know what makes
a committee decide one way or another--but too often it is obvious that
logic is not that which prevailed.
If the Noland's plan is for at least moderately nice houses to be
built, then we are for them, whether they be on one, ten, twenty, or forty
acre lots (your letter did not explain--it only said less than minimum) .
I do not think there is a more logical use for the land, for now and for
the future.
- Sincerely,
--Rose L. Brinks
T Registered Herefords x*A*S*H Cattle -870521
cmHln
A Subsidiary of
Onion Pacific Corporation
March 23, 19B7 A9 r777
Molly Sommerville --.,
Staff Attorney j � 1
Weld County Board of I MAR 2 B 1987 t '
County Commissioners
�r.
915 10th Street --
Greeley, Colorado 80631 cR"-Lc°'
Weld County Planning
Commission
915-10th Street
Greeley, Colorado 80631
Re: Cases No. ASR-784:87 :6, 7 & 8
Chad and Jaymie Noland: Applicants
Special Review Permits for Single Family Dwellings
-Township 8 -North, -Range b7 West
Section 7: N/2SW/-4, N/2NW/-4, S/2NW/4
Ladies end Gentlemen:
Champlin _Petroleum Company owns the oil and -gas
which underlies all of the property which is the subject
of the above-referenced applications for Special Review
Permits.
I understand from a telephone conversation on March
23, 1987, with Ms. Lanell J. Swanson, Planner for the
Weld County Department of Planning Services, that all of
the property which is the subject of the applications is
currently zoned agricultural and that the property will
continue to be zoned agricultural in the eventthat the
Special Review permit applications are 'granted. I
understand further from Mrs. Jaymie Noland, one of the
applicants, that the proposed locations for each of the
houses are at locations which yill permit Champlin to
continue to exercise its right to drill one well on
approximately every 40 acres in accordance with current
Colorado State Di1 and Gas Conservation 'Commission rules
and regulations.
Champlin Petroleum Company
Denver Region
P.O.Box 1257
Englewood.CO 80150-1257 870523,
303/779-00(9 v �1J
ivfm3/ 7 4
Weld County Board of Commissioners
Weld County Planning Commission
Match -23, 1987
Page 2
In that it appear-s that Champlin 's rights to
develop its oil and gas will not be substantiall3,
effected by the approval of the Special Review Permit
Appli-cations, Champlin does not object to any of the
Applications. I wish to note, however, that the oil and
gas estate is the -dominant estate and that Champlin
wishes to preserve all the rights that it has to produce
the oil and _gas which is located under the acreage in
accordance with -government rules and regulations.
Very truly yours,
Molly Sommerville
MS:jaj
cc: R. M. Moss
R. B. Matthews
Lanell J. _Swanson
870521
DATE: June 1 , 1987
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners:
If you have no objections , we have tentatively set the
following hearings for the 24th day of June , 1-987 , at 2: 00 P.M.
Docket No. 87-33 - USR-Single family residence on a parcel of
land less than the minimum lot size required in the
Agricultural Zone District , Chad and Jaymie Noland
Docket No. 87-34 — USR-Single family residence on a parcel of
land less than the minimum lot size required in the
agricultural Zone District, Chad and Jaymie Noland
Docket No. 87-35 - USR-Single family residence on a parcel of
land less than the minimum lot size required in the
Agricultural Zone District, Chad and Jaymie Noland
OFFICE OF THECTO THE BOARD
BY: �ll i/ CLE
� Deputy
She above mentioned hearing _date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD CO NT „COLORADO
Gt
870521
F
-OOFFICE OF BOARD OF COUNTY COMMISSIONERS
1&ft' ‘' PHONE(303)356-4000,-FX-1 4200
P.O BOX 758
GREELEY, COLORADO 80632
AAA. . . ,
COWRADOkIVki r �MAY 21 i1987
May 13, 1987
1, till
Chad and Jaymie Noland
6632 East County -Road 58
Fort Collins, Colorado 13052-4
Dear Mr. and Mrs. Noland:
Your application for a Use by Special Review for a single family residence
on a parcel of land less than the minimum lot -size required 3n the
Agricultural Zone District has been recommended unfavorably to the Board of
County Commissioners by the Planning Commission. The legal description of
the property involved As shown as Tart of the Ni NWi, of Section 7, Township
8 North, -Range 67 West of the 6th P.M. , Weld County, Colorado.
If you wish to be heard by the Board of County Commissioner-s, -it will be
necessary for you to indicate your request ty signing the bottom of this
letter and returning it to this office. Regular hearing procedures will
then be followed. This includes publishing a Notice of Hearing in the legal
newspaper, an -expense to -be -paid by you.
In order to proceed as quickly as possible, we -must -receive your -reply by
May 29, 1987. If we are not in -receipt of your request ty that date, the
matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUN COLORADO
AAI N
I wish to -have a hearing on this matter brought before the -Board of County
Commissioners. I agree to -pay for the legal advertising Expense.
�7 f
874)521
,ExH/s T £
AS fa,
Avg•` OFFICE OF BOARD OF COUNTY COMMISSIUNENb
EE PHONE(303)356-4000. EXT 4200
ta, `. PA. BOX 758
`- e GREELEY, COLORADO P0632
4
COLORADO -
May 13, 1-987
Chad and Jaymie Noland
6532 East County Road 58
Fort Collins, Colorado 80524
Dear Mr. and -Mrs. Noland:
Your application for a Use by Special Review for a single family residence
on a parcel of land less than the minimum lot size required in the
Agricultural -Zone District has been recommended unfavorably to the Board of
County Commissioners by the Planning Commission. The legal description of
the property involved is shown as Part of the NI NWi , of Section 7, Township
8 North, Range 67 West of the 6th B.M. , Weld County, Colorado.
If you wish to be heard by the Board of County Commissioners, it will be
necessary for you to indicate your retest by signing the bottom of this
letter and returning it to this office. Regular hearing procedures will
then be followed. This includes publishing a Notice of hearing in the legal
newspaper, an -expense to be paid by you.
In order to proceed as quickly as possible, we must receive your reply by
May 29, 1987. If we are rot in receipt of your request by that date, the
matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNT COLORADO
a
HAI
I wish to have a hearing on this matter brought before the Board -of County
Commissioners. I agree to pay for the legal advertising expense.
870521
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Summary of the Weld County Planning Commission Meeting
May 5, 1987
Page 13
CASE NUMBER: USR-784:87:8
APPLICANT: Chad and Jaymie Noland
REQUEST: Use by Special Review permit for a single family dwelling unit on
a parcel of land under the minimum lot size.
LEGAL DESCRIPTION: Part of the Ni NW} of Section 7, T8N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: 9.5 miles west of Pierce and 2.5 miles north of Pierce.
APPEARANCE:
Chad Noland, property owner and applicant, asked that the testimony heard on
the previous two cases be applicable to this request.
The Chairman called for discussion from the members of the audience. There
was no further discussion.
AMENDMENT:
Paulette Weaver moved Condition 1/4 be added to read as follows:
4. Prior to the issuance of a building permit, a soil
conservation plan approved by the West Greeley Soil
Conservati-on District shall be submitted to the Department of
Planning Services.
Motion seconded by Ann Garrison.
AMENDMENT:
Paulette Weaver moved Development Standard Number 2 be amended to read as
follows:
2. The Soil Conservation Plan approved by the West Greeley Soil
Conservation District shall be maintained and complied with
on the property, and the property shall remain within the
boundaries of the West Greeley Soil Conservation District or
its successors.
Motion seconded by Ann Garrison
The Chairman called for discussion from the members of the Planning
Commission. No further discussion followed.
The Chairman asked the members of the Planning Commission for their
decision. Motion carried unanimously.
870521
.c XNibiT l_
Summary of the Weld County Planning Commission Meeting
May 5, 1987
Page 14
MOTION:
Paulette Weaver moved Case Number USR-783:87:6 for Chad and Jaymit Noland
for a Use by Special Review permit for a single family dwelling unit on a
parcel of land under the minimum lot size be forwarded to the Board of
County Commissioners with the Planning Commission'-s recommendation for
denial for the same -reasons outlined in USR-780. Motion seconded -by -Ann
Garrison.
The Chairman _called for discussion from the members of the Planning
Commission. No further discussion followed.
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Paulette Weaver - Yes, for the same reasons
given for USR-780. Louis Rademacher - No, for the same reasons given for
USR-780; LeAnn Reid - Yes, for reasons previously stated. Lynn Brown - No,
for -reasons previously stated. Lydia Dunbar — No, for seasons given
earlier. -Ann Garrison - No; Jack Holman - No, because he -has been -on the
Planning Commission for seven years and has seen what rural housing
developments can -become. Especially after they have changed hands a few
times. Some of these are definitely not an asset to the County. Motion
_carried with four voting for the motion and three voting against the motion.
The chairman called a break at 3:40 p.m. The meeting was reconvened at 3:50
- p.m.
CASE NUMBER: 1TSR-789:87: 14
APPLICANT: Shawn Elworthy
REQUEST: Use by Special Review permit for a commercial welding shop in the
A (Agricultural) -Zone district.
LEGAL DESCRIPTION: Part of the W} of Section 32, T7N, R67W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Adjacent to an annexed portion of the Town of Windsor, east . of
Weld County Road 15, and south of Weld County Road 76.
APPEARANCE:
Shawn Elworthy, property owner and applicant, reported they put up a
building on this property and they intend to Build a house here. The
building erected on the property is -a large garage and he noes some welding
here which he considers a hobby because he has a good job. He was not aware
that he needed a Use by Special Review permit. He was also not aware he
needed a building permit because the property is in the agricultural zone
and is not in a subdivision. He did obtain an electrical permit and when
the inspection was done, -rothing was said -about needing a building permit.
After he saw the staff's recommendation was for denial yesterday he wanted
his lawyer at the hearing, but now that the Planning Commission has not
granted him a continuance he will not be able to have legal _counsel present.
870521
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paulette Weaver that the following resolution be introduced for
passage by the Weld County Planning Commission. Be it Resoly d b the Weld
County Planning Commission that the application for: WU? CjNT" OW!MA`3n
CASE NUMBER: USR-784:87:8
NAME: Chad and Jaymie Noland MAY 81987
/ DO
ADDRESS: 6632 East County Road 58, Fort Collins, CO B0524 , n
REQUEST: Use by Special Review permit for a single fatly residence on a
parcel of land less than the minimum lot size required in the
Agricultural Zone district.
LEGAL DESCRIPTION: Part of the Ni NW} of Section 7, TBN, R67W of the 6th
P.M. , Weld County, Colorado
LOCATION: 9.5 miles northwest of Pierce; -east of Weld County Road 13 and
south of Weld County Road 96
be recommended unfavorably to the Board of County Commissioners for the
following reasons:
The County cannot, with the current resources it has available, enforce any
regulations we set down to protect the environment. Also this request does
not comply with the Comprehensive Plan, page 26, -114 and the Agricultural
Policies on page 41, conditions 4, 5, and 7. Condition #5 says that new
residential development shall demonstrate compatibility with existing
surrounding land-use in terms of general use, building heights, scale,
density, traffic, Aust, and noise. Condition 117 says that there should be
conservation of natural site features such as topography, and vegetation.
Also, that water courses should be considered in project design. At this
time we are unable to fulfill conditions 4, 5, and 7 in this residential
development.
Motion seconded by Ann Garrison.
Vote:
For Passage Against Passage
Paulette Weaver Louis Rademacher
LeAnn Reid Lynn Brown
Ann Garrison Lydia Dunbar
Jack Holman
870521
,CX/fi,i3,i
USR-782:87:6
Chad and Taymie Noland
Page 3
The Chairman -declared the resolution passed and ordered _that a certified
copy be forwarded with the file of this case to the Board of County
Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Bobbie Good, Recording Secretary of the Weld County Planning Commission,
do hereby certify that the above and foregoing Resolution is a true copy of
the Resolution of the Planning Commission of Weld County, Colorado, adopted
on May 3, 1987, and recorded in Book No. XI of the proceedings of the said
Planning Commission.
Dated the 6th day of May, 1987.
Bobbie _Good
Secretary
870521
P VENTCRY OF ITEMS SUBMITTED FOR CONSIDEFM?TION
Ca-se Number O`,R Submitted or Prepared
Prior
to Hearing At Heating
1. Application / 7 Pages
2. / -Application plat(s) / page(s)
• 3. DPS -Referral Summary Sheet
4. DPS -Recommendation
5. DPS Surrounding Propery Owner Mailing LiTi
6. BPS Mineral Owners Mailing List
7. .3 DPS Maps Prepared by Planning Technician
8. DPS Notice of Hearing
9. DPS Case Summary Sheet
1O. DPS Field Check
11. Reid-;4,OnetI Cv+Mwm-Ci1+s
12.
13.
1-4.
15.
16.
17.
18.
19.
20.
I hereby certify that the -items identified herein were submitted to the
Department of Planning Services at or -prior in the scheduled Planning Commission
hearing. I further _certify that these items were forwarded to the Clerk to the
Board's office on Lill aid 2 1F96' z.
rent P1 r •�E�
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 19
SEAL
• NOTARY PUBLIC
axhr,3ir / 870521
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870521
Date: April 7, 1987
CASE NUMBER: USR-784:87:8
NAME: Chad and Jaymi-e Noland
ADDRESS: 6632 East County Road 58, Fort Collins, CO 80524
REQUEST: Use by Special Review permit for a single family residence on a
parcel of land less than the minimum lot size required in the
Agricultural Zone district.
LEGAL DESCRIPTION: Part of the Ni NW} of Section 7, T8N, R67W of the 6th
P.M. , Weld County, Colorado
LOCATION: 9.5 miles northwest of Pierce; east of Weld County Road 13 and
south of Weld County Road 96
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 proposal is consistent with the Weld County
Comprehensive Plan in that it permits low density
residential development on nonprime agricultural land as
recognized by the soil conservation district. The soils
report states that the soils capability subclass
designation is VIe, which indicates severe limitations
that make it unsuitable for cultivation.
- The proposed use is consistent with the intent of the
Agricultural District and is provided for as a Use _by
Special Review.
- The uses permitted will be compatible with the existing
surrounding land uses and with future development of the
surrounding areas as permitted by the Agricultural zone
district.
- No overlay districts affect the site.
- 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.
870521
USR-784:87:8
Chad and Jaymie Noland
Page 2
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:
1. The attached Development Standards for the Use by Special Review
permit be adopted and placed on the Use by Special Review plat
prior to recording the plat.
2. The Use by Special Review activity shall not occur nor shall any
building or electrical permits be issued on the property until the
Use by Special Review plat has been delivered to the Department of
2lanning Services' office and the plat is ready to be _recorded in
the office of the Weld County Clerk and Recorder.
3. The following note shall be placed on the Use by Special Review
Plat prior to recording:
"Weld County Road 13 within this area has a very low traffic
demand and does not receive regular maintenance. During
periods of heavy snows this type of road would not be opened
for several days. Also, during periods of wet weather the
roads may not be passable with standard passenger vehicles."
870521
DEVELOPMENT STANDARDS
Chad and Jaymie Noland
USR-784:87:8
1. The Use by Special Review permit is for a single family residence on a
parcel of land less than the minimum lot size as submitted in the
application materials on file in the Department of Planning Services
and subject to the Development Standards stated hereon.
2. The Use by Special Review Site shall be maintained in native grasses
and not in cropland. Proper grazing practices will be used to avoid
overgrazing.
3. Prior to the issuance of building permits, an on-site investigation by
a certified professional engineer, licensed by the State of Colorado,
will be conducted to determine specific soil limitations at the
building site.
4. Ail Construction done on the property shall he in accordance with the
requirements of the Weld County Building Code Ordinance.
5. The property owner or operator shall be responsible for complying with
the Design Standards of Section 24.5 of the Weld County Zoning
Ordinance.
6. The property owner or operator shall be responsible for complying with
the Operation Standards of Section 24.6 of the Weld County Zoning
Ordinance.
7. Personnel from the Weld County Health Department, the Soil Conservation
Service , 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.
8. The Use by Special Review area shall he limited to the plans shown
hereon and governed by the foregoing Standards and all applicable Weld
County Regulations. Any material deviations from the plans or
Standards as shown or stated shall require the -approval of an amendment
of the Permit by the Weld County Planning Commission and the Board of
County Commissioners before such changes from the plans or Standards
are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
9. 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.
870521
UNITED STATES Soil 4302 W. 9th St. Rd .
DEPARTMENT OF Conservation Greeley, CO 80634
y AGRICULTURE Service (303)356-6506
March 25, 1987
C''ard of Supervisor
West Greeley Soil Conservation District
P..rl, Box RA
Greeley, CO 80632
Weld County Case Number : USR-7E:=s: _7: 7
r;:.,, t. I eInen
I have rev i ewed the app I i cation from Chad and Jayrni e Noland for Use by
f,I.. ',': ial Review permit for a single farni ly dwelling on a parcel of land
under the minimum lot size in S 1/2 NW 1/4 of Section 7, T3N, R67W. This
t; ion is 9 1/2 miles west and 2 1/2 miles rar-th of Pierce.
The proposed use is ti: divide a 1/2 section into 4 parcels of 80 acres each
fns individuals to _purchase as a single farni ly dwel I ing with outbuildings .
The balancm of each parcel will be left in rangeland . The sites are all
C: 1 -.s VI sco I l s which have the potential for severe erosion due to st-eep
slopes . The application indic-atoms that the native grasses will be
1i,:., i n I-a i ned and proper grazing practices wi I I be used so not to cause
overgrazing .
The soils do have I Iinitatiorrs for constructing buildings . I would
r- i 'rnrnend an can-site investigation by an engineering firm to determine
specific soil limitations at the building sites .
I would like to suggest the approval of this application with reference to
thy' above comments .
Srt IYr
Ronald D. Miller
District Conservationist
Greeley Field Office
S '
870521
LAND-USE APPLICATION
SUMMARY SHEET
Date: March 27, 1987
CASE NUMBER: USR-784:87:8
NAME: Chad and Jaymie Noland
ADDRESS: 6632 East County Road 58, Fort Collins, CO 80524
REQUEST: Use by Special Review permit for a single family residence on a
parcel of land less than the minimum lot size required in the A
(Agricultural) Zone district.
LEGAL DESCRIPTION: Part of the Ni NW} of Section 7, T8N, R67W of the 6th
P.M. , Weld County, Colorado.
LOCATION: 9.5 miles northwest of Pierce, east of Weld County Road 13, and
south of Weld County Road 96.
SIZE OF PARC-EL: 70.00 Acres ±
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this Use by Special Review proposal is listed in
Section 24.3 of the Weld County Zoning Ordinance.
This application for a Special Review Permit is one of three (3)
applications submitted by Chad and Jaymie Noland for a single family
residence on parcels of land less than the minimum lot size required in the
A (Agricultural) Zone district.
The Department of Planning Services staff has received specific
recommendations from the following referral entities:
- Weld County Health Department
- Weld County Engineering Department
- Division of Water Resources
Copies of these referral responses are included in this summary packet.
Larimer County Planning Department and Weld County School District RE-9 have
responded that they have no objections to the proposal.
Referral responses have not been received from the following:
- Nunn Fire Protection District
- Greeley Soil Conservation Service
870521
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FIELD CHECK
FILING NUMBE-R: USR-784:87:8 DATE OF INSPECTION! March 18, 1987
NAME: Chad and Jaymie Noland
REQUEST: Use by Special -Review permit for a single family residence nn a
parcel of land smaller than the minimum lot size.
LEGAL DESCRIPSION: Part of the Ni NWi of Section 7, TBN, 3167W of the 6th
P.M. , Weld County, Colorado.
LOCATION: East of Weld County Road 13 and south of Weld County Road 96.
LAND USE: N Weld County Road 96 and dryland pasture
E dryland pasture
S dryland pasture
W dryland pasture
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W Larimer County
COMMENTS:
A radio tower and red brick building are located adjacent to Weld County
Road 13 in the center of this parcel. The radio tower has Conditional Use
-Permit #1. Access to the building is provided from Weld County Road 13
which is a local County Road.
This property is located adjacent to Weld county Roads 13 and 96 which are
gravel roads. Access could be -provided from either local _County Road.
The subject site had not been farmed and appears to be used as pasture land.
The terrain is rolling with steep _slopes and is very rugged.
By: 1fl,h.u1
L ne 1 J. Swson
Current Plan er
870521.
REFERRAL LIST
APPLICANT: Chad and Jaymie Noland CASE NUMBER: USR-7$4:87:8
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: March 19, 1987
NO SR NR NO SR NR
V X Weld County Health Dept.
/ X Engineering :Department
/ X State Engineer
Divisi-on of Water Resources
1313 Sherman St. , Room 818
Denver, CO 80203
X Greeley Soil Conservation Service
4302 9th Street Road
Greeley, CO 80634
X _Lydia Dunbar
Box 8, Road 89
Grover, CO 80729
X Larimer County Planning Department
P.O. Box 1190
Fort Collins, CO 80522-1190
X Nunn Fire Protection District
Mr. Lynn Stipps
Nunn, CO 80648
1F X Weld RE-9 School District
Norman Blakey-3
209 West 1 Street
Ault, CO 80610
NO=No Objection
SR-Specific Recommendations
NR=No Response
870521
, . + � :.a .rte "�?. Fw ''� `!, +. r3.s
/, . i \ 1 . „..11„i :J T � .,1; ::1. 4# >.a
Fay Weld County Planning March 11, 1987
t'4 ' Health Protection Services -
coLoBAD0 ,,,,,,
Case Number: USR-784:87:8 Name: Noland, Chad 3 Jaymie
Health Protection Services has _reviewed this proposal and recommends for
approval, subject to the following conditions:
1. Weld County Septic Permit is required for -the proposed new
home's septic system and shall be installed according to the
Weld County Individual Sewage Disposal Regulations.
2. It is the policy of -this office not to recommend for approval
on any let :-ice which is less than one acre and is to be served
by an individual septic disposal system.
By Direction of Ralph R. Wooiey, M.D.
' 7) )P 7cvi i- --
'q .'AR •x.41987
870521 vieWa Cu. PEamuag GuMMIor
rto/A. MEMORI'. nDUiri
-00 1 Avg
Lanell Swanson and
l In Brian Bingle March 24, 1987
.'� To Date
COLORADO Drew L. Scheltinga, County Engineer (7-Y
From .\( _ ._.__._ ..
McCauley and Noland USR Applications
Subject-
This memo addresses Use By Special Review applications from T.
McCauley (USR-780:87:4 and USR-780:87:5), and Chad and Jamie Noland
(USR-783:87:6, USR-783:87:7 and USR-783:87:8).
These separately submitted Use By Special Review applications when
combined with the previously approved USR of Jones and Gebo
(USR-773:86:53) will have the affect of allowing 8 residential
developments on Weld County Road 13 in a two-mile stretch south of
County Road 96. a have the same concern indicated in my memo of
December 23, 1986. A copy is attached.
Road 13 is approximately 18' wide and has poor vertical alignment.
The surface has a sparse covering of gravel. Road 13 provides a
reasonable level of service for the present agricultural use. It will
not provide adequate transportation for residences.
DLS/bf
Enc.
xc: Planning Referral File: T. McCauley USR
Chad and Jamie Noland USR
L?p p! -? T
UL' -.) 1. 1987
Wen ", $:V:,L „Iunjniscion
870521
c(, ��� ��
iZE!_�� tO • To Weld County Planning Department o.,, December 23, 1986
COLORADO ❑rom Drew L. Scheltinga, County Engineer (9%
Subject. Jones-Gebo USR-773:86 :53 & 54
This memo addresses both Use by Special Review cases USR-773:86:53 and
USR-773:86 :54. The applicants intend to establish residences in the
Northeast Quarter of Section 18, Township 8 North, Range 67 West.
The location is on the west side of County Line Road (aka Weld County
Road 13) in an area approximately six miles north of State Highway 14.
The first five miles north of State Highway 14 are maintained by
Larimer County in accordance with a joint maintenance agreement between
Larimer and Weld Counties. The next mile north is maintained by Weld
County under similar agreement. According to the maps available to me,
the nearest residences on Road 13 is three miles to the south.
The roa-ds within the Weld County jurisdiction have a very low traffic
demand and do not receive regular maintenance. During periods of heavy
snows these types of roads would not be opened for several days. Also,
during periods of wet weather the roads may not be passible with
standard passenger vehicles.
If residences are established in this area either Weld County will have
to make extra investment to provide access for people who will commute
to work, school buses and services, or the applicants will have to
accept a level of service far below what they have now.
•
DLS/bf
xc: Planning Referral File: Jones-Gebo USR
870521
C O<
ROY ROMER h OF \ JERIS A. DANIELSON
Governor `" r O State Engineer
4 /8,64
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
March 23, 1987
Mr. Brian Bingle
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: McCauley Special Review and
Noland Special Review
Dear Mr. Bingle:
We have received several applications under the names referenced above to
create tracts of greater than 35 acres. Present statute allows for the
issuance of an exempt domestic well permit on any tract larger than 35 acres
that does not have an exempt well already on the property.
Sincerely,
Hal D. Simpson, P.E.
Deputy State Engineer
HDS/JRH:9524H
L LIAR 26 1987
870521. *ehi Co. Planaul¢ attmmisswn
ri ,F` `\ DEPAR �NT OF PLANNING SERVICES
s`r l PHONE(303)356-4000 EXT. 4400
915 10th STREET
GREELEY, COLORADO 60631
. ;:' riiit
4,E, i2- [..] W AO
•
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing on April
7, 1987, at 1:30 p.m. to review a request for approval of a Use by Special
Review net-nit for a single family dwelling on a parcel of land less than the
minimum lot size in the A (Agricultural) zone district from Chad and Jaymie
Noland, The parcel :f land is described as Ni NW} of Section 7, T8N, R67W
of the 6th P.M. , Weld County, Colorado, containing 70 acres, more or less.
The property is located approximately 9.5 miles west of Pierce and 2.5 miles
north of Pierce.
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 dat-e or presented at the public hearing
on April 7, 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 be published in the Johnstown Breeze
To be published one (1) time by March 12, 1987
• Received by:
Date: ? — /
370521
SURROUNDING PROPERTY OWNERS
USR-784:87:8
Chad and Jaymie Noland
James and Rose Brinks
Box 710
Laporte, CO 80535
George and Dorthy Dunn Turner
1501 Granada
Alamagordo, NM 88310
RCOL Corporation
16121 Laporte Avenue
Fort Collins, CO 80521
Near Mt. Farms
c/o Al Parker
419 Canyon
Fort Collins, CO 80521
Frank Ulrich
6809 East County Road 62
Wellington, CO 80549
870521
SURROUNDING MINERAL OWNERS
USR-784:87:8
Chad and Jaymie Noland
Union Pacific Land Resources
P.O. Lox 2500
Broomfield, CO 80020
370521
APPLICATION
USE BY SPECIAL REVIEW
Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631
Phone - 356-4000 - Ext. 4400
i
Case Number 7s ; Date Received
Application Checked by Mylar plat submitted
Application Fee Receipt Number _
Recording Fee Receipt Number
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature)
I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and
the Weld County Board of County Commissioners concerning the proposed Special Review Permit of
the following described unincorporated area of Weld County Colorado:
Lta;AL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: N'/z,01`NW'/+ section '7 ( less-a pt NW'%NW% 7-8-67
T 8N N, R 67 w Bg S364.94'fromNW cor.S564'E594'N564'W594'to Beg.) apprx7 acres.
LEGAL DESCRIPTION of contiguous property owned upon which Special Review Fe it is
proposed: W'/2 Section 7 T 8 N, R 67 W
Property Address (if available) 46050 Weld County Rd. 13 Ft. Collins, Colorado
PRESENT 7.ONE AgriCUltUral _ OVERLAY ZONES N/A
TOTAL ACREAGE apprx. 70
PROPOSED LAND USE one tingle family dwelling,with outbuildings, balance in rangeland
EXISTING LAND USE rangeland
SURFACE FEE (PRO'ERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW:
Na„:_ George and Dorthy Dunn
Address. 1501 Granada T CityAlamagordo NM. 883'10
Home Home Telephone I N/A Business Telephone #'
Name:
Address: City Zip___
Home Telephone 0 Business Telephone 0
Name:
Address: City Zip
Home Telephone Il Business Telephone Ik_ --_
APPLICANT OR AUTHORIZED AGENT (if different than above):
Name: (Richard) Chad and Jaymie Noland
Address: bb32 E.CO.RD. 58 city rt.Col l i ns CO. zip80524
Home Telephone #303-568-3848 Business Telephone #
List the owner(s) and/or lessees of mineral rights on or under the subject properties of record.
Name: Union Pacific Land and Resource Corp.
Address: N/A - City Zip -_
Name:
Address: City -^-- Zip
Name:
Address: City - Zip --
1 hereby depose and state under the penalities of perjury that all statements, proposals and/or
plans submitted with or contained within this application are true and corre to the best of my
knowledge.
COUNTY OF WELD )
STATE. OF COLORADO )
/6:7
Signature: Owner f Author zed A nt
Subscribed gad sworn to before me this b l day of ,t�� . ,,,, nx„,
SEAL
NO RY PUBLIC
My commission expires My Com-..;ssicr E;p res Feb. 13, 1989 870521
Weld County Richard (Chad) Noland
Department of Planning Applicant
Greeley, Colorado Ft. Collins, Colorado
Statement of Proposed Use
I would like to divide the 1/2 section that I own into 4 parcels -each being,
1/2 of a quarter section, approximately 80 acres in size. I have a list of more
than twenty interested tuyers who would like to purchase these parcels for a
single family dwelling with a few appropriate out-buildings. I will try to sell
the three northern parcels , and I now have a home on the fourth most southern
parcel . In order to -do this we request a "Use By Special Review" approval of our
plan to divide the parcel .
The property is -currently classed "dry land" , and is not irrigated or
farmed, and has been _used in the recent years to graze a few horses. The use
would remain the same remembering not to over graze the native grasses.
This rugged land has never been farmed because of the steep slopes and mar-
ginal soil . It is well suited for a home site because of the spectacular view of
the front range. It is only ten minutes from town and has access to all the im-
provements needed for a home.
The property to the west is in larimer -County where it is for sale in 35
acre parcels for single family residences. To the north and east the land is
flatter and used for dry land wheat production. To the south is my home and be-
yond, two newly created BO acre parcels for single resident use.
Northern Colorado Water Associ-ation supplies domestic water to my home and
will be interested in -extending service to these parcels -as their lines are up-
graded in the near future. There are also domes-tic wells in the area and on this
section. A soils test has indicated favorable conditions for a septic system
and will be installed per code. Public Service Co. currently has power at the
north and southwest corners of this section and will provide power. This parcel
has phone service avail-able. Fire protection will be provided by the Nunn Fire
District, the school bus already drives past this parcel to get neighbors both
to the north and south. Because of the bus, the gravel road is regularly main-
t-wined and will have no trouble handling the a-dditional traffic. Private garbage
pick up is -available and is currently being used by the neighbors.
The property does not lie withi-n any flood plains, geologic hazard areas ,
or airport overlay districts , and therefore complies with the zoning ordinance.
This proposed use does not conflict with the Weld County Comprehensive Plan.
It removes no farmland from production. I submit it is very _positive for the
county since it is family oriented and therefore long term, and it increases the
tax base by turning land of minimal usage into residential property. The pro-
posal is consistent with the intent of the agricultural district in that it
seeks to maintain the present use of the land and assures that the future use will
be much the same as it has been in the past.
This parcel which I am calling #1 -has an approximate 7 acre bite out which
belongs to KCOL Corporation and is used exclusively for a transmission tower
site.
It 2 zr%l/ 2- 19
d -n v info ze ./06- / tin c
870521
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, -TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CONE IDENTIFICATION 11
James and Rose Brinks,Box 710, Laporte, Co.80535 0555 D6 000 012
George and Dorthy Dunn Turner, 1501 Granada, Alamagordo, N.M. 88310 0555 07 000 014
KCOL Corp. 16121 Laporte Ave. Ft. Collins CO. 0555 07 000 012
Near Mt. Farms -Pt. %A1 Parker,419 Canyon,Ft.Collins,Co.80521 88 120-00-0-01
Frank Ulrich, 6809 E.CO.RD. 62 Wellington, Co. 80549 88 010 00 001
870521
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property NY2 of NW'/+ of S7 R8N T67W less- A Pt. of NW/.NW'l. 7-8-67
Bg. S364.94' from NW cor. S564' E594' N564' W594' to Bg. (apprx. 7 acres)
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 appl ' tion s s a
The foregoing instrument was subscribed and sworn to before me this tc\‘4'
day o f � l,.zsaA fi r--+y , 19$41 .
WITNESS my hand and official seal.
My Commission expires:
No ary Public
870521
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property N'/? ofNW'/< of sec.7 R8N T67W less-A Pt. NW'14NW'I< 7-8-67
Bg. S 364.94' from NW cor. S 564' E 594' N 564' W 594'to 8g. (apprx. 7 acres)
STATE OF COLORADO )
) ss. UNION PACIFIC LAND AND RESOURCE CORP.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names
and addresses of all mineral owners and lesses of mineral owners on or under
the parcel of land which is the subject of the application as their names
appear upon the records in the Weld County Clerk and Recorder's Office, or
from an ownership update from a title or abstract company or an attorney.
4 k4/ 1 ...... _.
The foregoing instrument was subscribed and sworn to before me this :ilo,
day of a_.„,..,_,,, , 19 ,97
WITNESS my hand and official seal.
My Commission expires: My C,n ois:i,,, Ex irec
1cnucay 10, 1988
i
,C% G-,t5-7
Notary Publ
870521
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Weld County, Colorado, Northern Part 39
use on this unit are proper range use, deferred grazing, and rotation grazing. If the plant cover is disturbed,
and rotation grazing. If the plant cover is disturbed, protection from erosion is needed. Loss of the surface
protection from-erosion is needed. Loss of the surface layer results in a severe decrease in productivity and in
layer results in a severe decrease in productivity and in the potential of the soil to produce plants suitable for
the potential of the soil to produce plants suitable for grazing.
grazing. This unit is well suited to windbreaks and
This unit is suited to winter wheat, barley, oats, and environmental plantings. Supplemental irrigation may be
sorghum. Because precipitation is not sufficient for needed when planting and during dry periods.
annual cropping, a cropping system that includes small This map unit is in capability subclass Vle,
grain and summer fallow is most suitable. Precipitation nonirrigated, and in Loamy Plains range site.
usually is too low for crops on this unit to make efficient
use of fertilizer. 57—Renohill-Shingle complex, 3 to 9 percent
Maintaining crop residue on or near the surface slopes. This map unit is on moderately dissected to
reduces runoff, reduces soil blowing, and helps to highly dissected plains, upland ridges, and breaks.
maintain soil tilth and organic matter content. Stubble- This unit is 50 percent Renohill fine sandy loam and
mulch farming, striperopping, and minimum tillage help to 35 percent Shingle clay loam. The Renohill soil is in the
control erosion and conserve moisture. Terraces reduce less sloping, slightly concave areas, and the Shingle soil
runoff and the risk of erosion and help to conserve is in the steeper, convex areas.
moisture. Included in this unit are small areas of Midway and
This unit is well suited to windbreaks and Tassel soils. Also included are some areas of Rock
environmental plantings. Supplemental irrigation may-be outcrop. Included areas make up 15 percent of the total
needed when planting and during dry periods. acreage.
This map unit is in capability subclass IVe, The Renohill soil is moderately deep and well drained.
nonirrigated, and in Loamy Plains range site. It formed in calcareous loamy or clayey residuum derived
dominantly from shale. Typically, the surface layer is
56—Renohill fine sandy loam, 6 to 9 percent brown fine sandy loam 4 inches thick. The subsoil is clay
Mopes. This moderately deep, well drained soil is on loam 13 inches thick. The substratum is calcareous clay
moderately dissected to highly dissected plains. It loam 12 inches thick. Shale is at a depth of 29 inches.
formed in calcareous loamy or clayey residuum derived Depth to shale ranges from 20 to 40 inches.
dominantly from shale. Permeability of the Renohill soil is slow. Available water
Typically, the surface layer is brown fine sandy loam 4 capacity is moderate. Effective rooting depth is 20 to 40
inches thick. The subsoil is clay loam 13 inches thick. inches. Runoff is medium, and the hazard of water erosion
The substratum is calcareous clay loam 12 inches thick. is moderate. The hazard of soil blowing is moderate to
Shale is at a depth of 29 inches. Depth to shale ranges high.
from 20 t0 40 inches. In some areas the surface layer is The Shingle soil is shallow and well drained. It formed
loam. in calcareous loamy or clayey residuum derived
Included in this unit are small areas of Midway clay dominantly from shale. Typically, the surface layer is
loam, Shingle loam, and Rock outcrop of shale. yellowish brown clay loam 4 inches thick. The underlying
Permeability of this Renohill soil is slow.Available material is clay loam 7 inches thick. Shale is at a depth
water capacity is moderate. Effective rooting depth is 20 of 11 inches. Depth to shale ranges from 10 to 20
to 40 inches. Runoff is medium, and the hazard of water inches. The soil is calcareous throughout.
erosion is moderate. The hazard of soil blowing is high. Permeability of the Shingle soil is moderate. Available
This unit is used as rangeland. water capacity is low. Effective rooting depth is 10 to 20
The potential plant community on this unit is mainly inches. Runoff is medium to rapid, and the hazard of
blue grama, western wheatgrass, sedges, and water erosion is moderate. The hazard of soil blowing is
buffalograss. The average annual production of air-dry slight.
vegetation ranges from 400 to 1,300 pounds. This unit is used as rangeland.
If the range is overgrazed, the proportion of preferred The potential plant community on the Renohill soil is
forage plants decreases and the proportion of less mainly blue grama, western wheatgrass, sedges, and
preferred forage plants increases. Therefore, livestock buffalograss. The average annual production of air-dry
grazing should be managed so that the desired balance vegetation ranges from 400 to 1,400 pounds. The
of preferred species is maintained in the plant potential plant community on the Shingle soil is mainly
community. western wheatgrass, blue grama, alkali sacaton, and
Range seeding is suitable if the range is in poor sideoats grama. The average annual production of air-
condition. The plants selected for seeding should meet dry vegetation ranges from 300 to 900 pounds.
the seasonal requirements of livestock or wildlife, or If the range is overgrazed, the proportion of preferred
both. Other management practices that are suitable for forage plants decreases and the proportion of less
use on this unit are proper range use, deferred grazing, preferred forage plants increases. Therefore, livestock
8'70521.
42 Soil survey
This map unit is in capability subclass IVe, is fine sandy loam 12 inches thick. Sandstone is at a
nonirrigated, and in Loamy Plains range site. depth of 19 inches. Depth to sandstone ranges from 10
to 20 inches. The soil is calcareous throughout.
62—Stoneham fine sandy loam, 6 to_9 percent Included in this unit are small areas of Shingle loam
slopes. This deep, well drained soil is on-moderately and noncalcareous soils. Also included are some areas
dissected to highly dissected plains. It formed in of Rock outcrop.
calcareous loamy alluvium. Permeability of this Tassel soil is moderately rapid.
Typically, the surface layer is pale brown fine sandy Available water capacity is low. Effective rooting depth is
loam 5 inches thick. The upper 3 inches of the subsoil is 10 to 20 inches. Runoff is medium, and the hazard of
clay loam, and the lower 6 inches is calcareous loam. water erosion is moderate to very high. The hazard of
The substratum to a depth of 60 inches or more is soil blowing is moderate.
calcareous sandy loam. This unit is used as rangeland.
Included in this unit are small areas of Kim soils, The potential plant community on this unit is mainly
Mitchell soils, Otero sandy loam, and soils that have blue grama, sideoats grama, little bluestem, and
slopes of less than 6 percent.'Included areas make up threadleaf sedge. The average annual production of air-
about 20 percent of the total acreage. dry vegetation ranges from 400 to 1,000 pounds.
Permeability of this Stoneham soil is moderate. If the range is overgrazed, the proportion of preferred
Available water capacity is moderate. Effective rooting forage plants decreases and the proportion of less
depth is 60 inches or more. Runoff is rapid, and the preferred forage plants increases. Therefore, livestock
hazard of water erosion is high.The hazard of soil grazing should be managed so that the desired balance
blowing is moderate. of preferred-species is maintained in the plant
This unit is used as rangeland. community.
The potential plant community on this unit is mainly Management practices that ere suitable for use on this
blue grama, western wheatgrass, sedges, and unit are proper range use, deferred grazing, and rotation
buffalograss. The average annual production of air-dry grazing. If the plant cover is disturbed, protection from
vegetation ranges from 400 to 1,300 pounds. erosion is needed. Loss of the surface layer results in a
if the range is overgrazed, the proportion of preferred severe decrease in productivity and in the potential of
forage plants decreases and the proportion of less the soil to produce plants suitable for grazing.. ,
preferred forage plants increases. Therefore, livestock This unit is poorly suited to windbreaks and
grazing should be managed so that the desired balance environmental plantings. The main limitations are shallow
of preferred species is maintained in the plant rooting depth, low available water capacity, and
community. steepness of slope.
Range seeding is suitable if the range is in poor This map unit is in capability subclass Vie,
condition. The plants selected for seeding should meet nonirrigated, and in Sandstone Breaks range site.
the seasonal requirements of livestock or wildlife, or
both. Other management practices that are suitable for 64—Terry-sandy loam, 0 to 3 percent slopes. This
use on this unit are proper range use, deferred grazing, moderately deep, well drained soil is on smooth to
and rotation grazing. If the plant cover is disturbed, moderately dissected plains. It formed in calcareous
protection from-erosion is needed. Loss of the surface sandy residuum derived from sandstone.
layer results in a severe decrease in productivity and in Typically, the surface layer is grayish brown sandy
the potential of the soil to produce plants suitable for loam 5 inches thick. The subsoil is sandy loam 12 inches
grazing. thick. The substratum is calcareous loamy sand 15
This unit is well suited to windbreaks and inches thick. Sandstone is at a depth of 32 inches.
environmental plantings. It has few limitations. Depth to sandstone ranges from 20 to 40 inches.
Supplemental irrigation may be needed when planting Included in this unit are small areas of Olney fine
and during dry periods. Summer fallow, cultivation for sandy loam, Vona sandy loam, Tassel loamy fine sand,
weed control, and selection of adapted plants are and soils that have a subsoil of sandy clay loam and
needed to insure establishment and survival of have sandy shale at a depth of 20 to 40 inches. Included
seedlings. areas make up about 20 percent of the total acreage.
This map unit is in capability-subclass VIe, Permeability of thisTerry soil is moderately rapid.
nonirrigated, and in Loamy Plains range site. Available water capacity is moderate. Effective rooting
depth is 20 to 40 inches. Runoff is slow, and the hazard
63—Tassel loamy fine sand, 5 to 20 percent of water erosion is slight. The hazard of soil blowing is
elopes. This shallow, well drained soil is on moderately moderate.
dissected to highly dissected plains. It formed in Most areas of this unit are used as rangeland. A few
calcareous loamy residuum derived dominantly from areas are used as nonirrigated cropland. Winter wheat is
sandstone. the main crop. •
Typically, the surface layer is light yellowish brown The potential plant community on this unit is mainly
loamy fine sand 7 inches thick. The underlying material blue grama, prairie sandreed, and needleandthread. The
870521 4
iF.
Weld County, Colorado, Northern Part 43
average annual production of air-dry vegetation ranges Permeability of this Terry soil is moderately rapid.
from 800 to 2,000 pounds. Available water capacity is moderate. Effective rooting
If the range is overgrazed, the proportion of preferred depth is 20 to 40 inches. Runoff is slow, and the hazard
forage plants decreases and the proportion of less of water erosion is moderate to high. The hazard of soil
preferred forage plants increases. Therefore, livestock blowing is moderate.
grazing shouldbe managed so that the desired balance This unit is used-as rangeland.
of preferred species is maintained in the plant The potential plant community on this unit is mainly
community. blue grama, sand dropseed, prairie sandreed, and
Range seeding is-suitable if the range is in poor needleandthread. The average annual production of air-
condition. The plants selected for seeding should meet dry vegetation ranges from 700 to 1,800 pounds.
the seasonal requirements of livestockor wildlife, or If the range is overgrazed, the proportion of preferred
both. Other Tnanagement practices that-are suitable for forage plants decreases and the proportion of less
use on this unit are proper range use, deferred grazing, preferred forage plants increases. Therefore, livestock
and rotation grazing. If the plant cover is disturbed, grazing should be managed so that the desired balance
protection from soil blowing is needed. Loss of the of preferred species is maintained in the plant
surface layer results in a severe decrease in productivity community.
and in the potential of the soil to produce plants suitable Range seeding is suitable if the range is in poor
for grazing. condition. The plants selected for seeding should meet
This unit is suited to winter wheat, barley, oats, and the seasonal requirements of livestock or wildlife, or
sorghum. Because precipitation is-not sufficient for both. Other management practices that are suitable for
annual cropping,-a cropping system that includes small use on this unit are proper range use, deferred grazing,
grain and summer fallow is most suitable. Precipitation and rotation grazing. If the plant cover is disturbed,
usually is too lowfor crops on this unit to make efficient protection from erosion is needed. Loss of the surface
use of fertilizer. layer results in a severe decrease in productivity and in
Maintaining crop residue on or near the surface the potential of the soil to produce-plants suitable for
reduces runoff, reduces soil blowing, and helps to grazing.
maintain soil tilth and organic matter content. Stubble- This unit is well suited to windbreaks and
mulch farming, striperopping, and-minimum tillage help to environmental plantings. The main limitations are
control erosion and conserve moisture. Terraces reduce restricted rooting depth and low available water capacity.
runoff and the risk of erosion and help to conserve Supplemental irrigation may be needed when planting
moisture. and during dry periods. Summer fallow, cultivation for
This unit is well suited to windbreaksend weed-control,-and selection of adaptedslants are
environmental plantings. The main limitations are needed to insure-establishment and survival of
restricted rooting depth and low available water capacity. se Thiings.
Supplemental irrigation may be needed when planting This map unit is in_capability subclass .
and during dry periods.-Summer fallow, cultivation for nonirrigated, and in Sandy Plains range site.
weed control,-and selection of adapted plants-are 66—Thedalund-Keota foams, 0 to 3 percent slopes.
needed to insure establishment and survival of This map unit is on moderately dissected alluvial fans,
seedlings. upland ridges, and plains.
This map unit is in capability subclass IVe, This unit is about 45 percent Thedalund loam and
nonirrigated, and in Sandy Plains range site. about 35 percent Keota loam. The components of this
unit are so intricately intermingled that it was not
65—Terry sandy loam, 3 to 9 percent slopes. This practical to map them separately at the scale used.
moderately deep, well drained soil is on moderately included in this unit is about 20 percent Epping silt
dissected to highly dissected plains. It formed in loam, Kim loam, Mitchell silt loam, and Shingle clay
calcareous sandy residuum derived from sandstone. loam. Also included are some areas of Rock outcrop.
Typically, the surface layer is grayish brown sandy Included areas make up about 20 percent of the total
loam 5 inches thick. The subsoil is sandy loam 12 inches acreage.
thick. The substratum is calcareous loamy-sand 15 The Thedalund soil is moderately deep and well
inches thick. Sandstone is at a depth of 32 inches. drained. It formed in calcareous loamy residuum derived
Depth to sandstone ranges from 20 to 40 inches. from fine grained sandstone, shale, and siltstone.
Included in this unit are small areas of Olney fine Typically, the surface layer is grayish brown loam 3
sandy loam, Vona sandy loam, and Tassel loamy fine inches thick. Below this is loam 22 inches thick.
sand. Also included are small areas of soils that have a Sandstone is at a depth of 25 inches. Depth to
subsoil of sandy clay loam and have sandy shale at a sandstone, shale, or siltstone ranges from 20 to 40
depth of 20 to 40 inches and soils that have slopes of inches. The soil is-calcareous throughout.
less than 3 percent. Included areas make up about 15 Permeability of the Thedalund soil is moderate.
percent of the total acreage. Available water capacity is moderate. Effective rooting
870_521
40 Soil
grazing should be managed so that the desired balance If the range is overgrazed, the proportion of prefe
of preferred species is maintained in the plant forage plants decreases and the proportion of less
community. preferred forage plants increases. Therefore, livesto
Range seeding is suitable if the range is in poor grazing should be managed so that the desired bale
condition. The plants selected for seeding should meet of preferred species is maintained in the plant
the seasonal requirements of livestock or wildlife, or community.
both. Other management practices that are suitable for Range seeding is suitable if the range is in poor
use on this unit are proper range use, deferred grazing, condition. The plants selected for seeding should m
and rotation grazing. If the plant cover is disturbed, the seasonal requirements of livestock or wildlife, or
protection from erosion is needed. Loss of the surface both. Other management practices that are suitable
layer results in a severe decrease in productivity and in use on this unit are proper range use, deferred graz
the potential of the soils in this unit to produce plants and rotation grazing. If the plant cover is disturbed,
suitable for grazing. protection from erosion is needed. Loss of the surfa
The Renohilf soil is welt suited to windbreaks and layer results in a severe decrease in productivity an(
environmental plantings. The Shingle soil is poorly suited the potential of the soil to produce plants suitable is
to windbreaks and environmental plantings. The main grazing.
limitations are shallow rooting depth and low available This unit is well suited to windbreaks and
water capacity. environmental plantings. Supplemental irrigation ma
This map unit is in capability subclass Vle, needed when planting and during dry periods.
nonirrigated. The Renohill soil is in Loamy Plains range This map unit is in capability subclass IVe,
site, and the Shingle soil is in Shaly Plains range site. nonirrigated, and in Loamy Plains range site.
' 58—Rosebud fine sandy loam, 0 to 6 percent 59—Rosebud fine sandy loam, 6 to 9 percent
slopes. This moderately deep, well drained soil is on slopes. This moderately deep, well drained soil is of
moderately dissected high plains. it formed in calcareous highly dissected high plains. It formed in calcareous
• loamy residuum derived dominantly from sandstone. loamy residuum derived dominantly from soft sandst
Typically, the surface layer is dark grayish brown fine Typically, the surface layer is dark grayish brown I
sandy loam 5 inches thick. The subsoil is clay loam 14 sandy loam 4 inches thick. The subsoil is clay loam
inches thick. The substratum is sandy clay loam and inches thick. The substratum is sandy clay loam anc
sandy loam 19 inches thick over limy sandstone. sandy loam 12 inches thick. Limy sandstone is at a c
Sandstone is at a depth of 38 inches. Depth to of 28 inches. Depth to sandstone ranges from 20 to
sandstone ranges from 20 to 40 inches. inches.
Included in this unit are small areas of Ascalon fine Included in this unit are small areas of Ascalon fin
sandy loam and Platner loam. sandy loam. Also included are some areas of Rock
Permeability of this Rosebud soil is moderate. outcrop.
Available water capacity is moderate. Effective rooting Permeability of this Rosebud soil is moderate.
depth is 20 to 40 inches. Runoff is medium, and the Available water capacity is moderate. Effective rootii
hazard of water erosion is slight to moderate. The hazard depth is 20 to 40 inches. Runoff is medium to rapid,
of soil blowing is moderate. the hazard of water erosion is high. The hazard of s
This unit is used as nonirrigated cropland and blowing is moderate.
rangeland. Winter wheat is the main crop. This unit is used as rangeland.
This unit is well suited to winter wheat, barley, oats, The potential plant community on this unit is main
and sorghum. Because precipitation is not sufficient for blue grama, western wheatgrass, sedges, and
annual cropping, a cropping system that includes small buffalograss. The average annual production of air-c
grain and summer fallow is most suitable. Precipitation vegetation ranges from 500 to 1,400 pounds.
usually is too low for crops on this unit to make efficient If the range is overgrazed, the proportion of prefer
use of fertilizer. forage plants decreases and the proportion of less
Maintaining crop residue on or near the surface preferred forage plants increases. Therefore, livesto
reduces runoff, reduces soil blowing, and helps to grazing should be managed so that the desired bale
maintain soil tilth and organic matter content. Stubble- of preferred species is maintained in the plant
mulch farming, striperopping, and minimum tillage help to community.
control erosion and conserve moisture. Terraces reduce Range seeding is suitable if the range is in poor
runoff and the risk of erosion and help to conserve condition. The plants selected for seeding should m
moisture. the seasonal requirements of livestock or wildlife, or
The potential plant community on this unit is mainly Other management practices that are suitable for u.
blue grama, western wheatgrass, sedges, and this unit are proper range use, deferred grazing, and
buffalograss. The average annual production of air-dry rotation grazing. If the plant cover is disturbed, prot€
vegetation ranges from 600 to 1,600 pounds. from erosion is needed. Loss of the surface layer re
870521
34
Boil survey
-hazard of water erosion is slight. The hazard of soli gravelly underlying material, Kim and Mitchell soils,
blowing is moderate. Bushman fine sandy loam, and soils that have slopes of
Most areas of this unit are used as rangeland. A few less than 3 percent. Included areas make up about 20
areas are used as nonirrigated cropland. Winter wheat is percent of the total acreage.
the main crop. Permeability of this Otero soil is moderately rapid.
The potential plant community on this unit is mainly Available water capacity is moderate. Effective rooting
blue grama, prairie sandreed, and needleandthread. The depth is 60 inches or more. Runoff is medium, and the
average annual production of air-dry vegetation ranges hazard of water erosion is moderate to high. The hazard
from 800 to 2,000 pounds. of soil blowing is moderate.
If the range is overgrazed, the proportion of preferred This unit is used as rangeland.
forage plants decreases and the proportion of less The potential plant community on this unit is mainly
preferred forage plants increases. Therefore, livestock blue grama, prairie sandreed, and needleandthread. The
grazing should be managed so that the desired balance average annual production of air-dry vegetation ranges
of preferred species is maintained in the plant from 700 to 1,800 pounds.
community. If the range is overgrazed, the proportion of preferred
Range seeding is suitable if the range is in poor forage plants decreases and the proportion of less
condition. The plants selected for seeding should meet preferred forage plants increases. Therefore, livestock
the seasonal requirements of livestock or wildlife, or grazing should be managed so that the desired balance
both. Other management practices that are suitable for of preferred species is maintained in the plant
use on this unit are proper range use, deferred grazing, community.
and rotation grazing. If the plant cover is disturbed, Range seeding is suitable if the range is in poor
protection from soil blowing is needed. Loss of the condition. The plants selected for seeding should meet
surface layer results in a severe decrease in productivity the seasonal requirements of livestock or wildlife, or
and in the potential of the soil to produce plants suitable both. Other management practices that are suitable for
for grazing. use on this unit are proper range use, deferred grazing,
This unit is suited to winter wheat, barley, oats, and and rotation grazing. If the plant cover is disturbed,
sorghum. Because precipitation is not sufficient for protection from erosion is needed. Loss of the surface
annual cropping, a cropping system that includes small layer results in a severe decrease in productivity and in
grain and summer fallow is most suitable. Precipitation the potential of the soil to produce plants suitable for
usually is too low for crops on this unit to make efficient grazing.
use of fertilizer. This unit is well suited to windbreaks and
Maintaining crop residue on or near the surface environmental plantings. it is limited mainly by the hazard
reduces runoff, reduces soil blowing, and helps to of soil blowing where the surface layer is barren of
maintain soil tilth and organic matter content. Stubble- vegetation. Soil blowing can be reduced by cultivating
mulch farming, striperopping, and minimum tillage help to only in the tree rows and by leaving a strip of vegetation
control erosion and conserve moisture. Terraces reduce between the rows. Supplemental irrigation may be
runoff and the risk of erosion and help to conserve needed when planting and during dry periods.
moisture. This map unit is in capability subclass VIe,
This unit is well suited to windbreaks and nonirrigated, and in Sandy Plains range site.
environmental plantings. It is limited mainly by the hazard
of soil blowing where the surface layer is barren of 48—Otero-Tassel complex, 6 to 30 percent slopes.
vegetation. Soil blowing can be reduced by cultivating This map unit is on highly dissected, convex shoulders
only in the tree rows and by leaving a strip of vegetation and slightly dissected to highly dissected, concave .
between the rows. Supplemental irrigation may be backslopes and foot slopes of breaks.
needed when planting and during dry periods. This unit is about 50 percent Otero sandy loam and
This map unit is in capability subclass IVe, about 25 percent Tassel loamy fine sand. The Otero soil
nonirrigated, and in Sandy Plains range site. is on the backslopes and foot slopes, and the Tassel soil
is on the shoulders. The individual components of this
47—Otero sandy loam, 3 to 9 percent slopes. This unit are in areas so narrow that it was not practical to
deep, welt drained soil is on moderately dissected to map them separately at the-scale used.
highly dissected plains and fans. It formed in calcareous Included in this unit are small areas of Kim loam in
loamy alluvium and colluvium. drainageways between foot slopes; Rock outcrop on
typically, the surface layer is brown sandy loam 5 shoulders; and soils, on backslopes, that are moderately
inches thick. The underlying material to a depth of 60 deep to calcareous sandstone. Included areas make up
inches or more is sandy loam. The soil is calcareous 25 percent of the total acreage.
throughout. The Otero soil is deep and well drained. It formed in
Included in this unit are small areas of Stoneham fine calcareous loamy alluvium. Typically, the surface layer is
sandy loam, soils that have a gravelly surface layer or brown sandy loam 5 inches thick. The underlying
670521
xl',1,1-("‘"-=',':[,:-.74 ,-.:,:,-,-.777.r--# q7
Sic
,,. .__:-..,—:-.,.1.,..3u.-‘,-...ya..1140,i .i1s r. r',''-A, ,.l,a 1' d 1 1 t aYcs '' t ItS
p¢�y$�/y{p\j®qpg ry[4� g —` aiCDiDUY YEIW(Ap Wjy
ES‘r,, O4/ V W I-\ r� Ry� 7 t�� All WtA "./il ♦'JOIi 'Jff AND CIUfr" $a'. '.
wK1Y(Llama e tw;t.�L� 1Vt E`g l ..�r �r A ,.t i,:i r,.r I•o rs qq .
41 .:D s ,.tettgre{ 'r1II3 MEMORANDUM-OF AGREEMENT made at F a n i or'. r * Tu ' Y f
a be ro t _ } rN' I.
It la/a ontofhy 'rr erha-IllLnn a _ . is 87
•.1/ �u r 7:f:
by and between_ GEORGE H. DUIC' and DC:tJrri r. ,I ;Lard n, wife role' t. t., y'-- - -- I,.� IS h y ° ,i
t
rights of survivorship '' ' "
parties of the first part, hereinafter called selle s rr,d r i.i r cill l illi;.L in.F NU a nil 1r yip;r 1 ,jj.l Ca. � husband and wife as joint ton],��s t+i.} -. "
^r r .,u vorship `r Vt.
.
ca
c a
parties of the second part, hereinafter called purchrrs_ - �'`
GU.
3 wITNEaarrit
' C. That In consideration of the sum of One Dollar h e D ,
y -f :aid a t s to the other pale receipt of which is acknow l- '
:[ edged, and the faithful performance of the obligations lm o ei ul Uri ,e parties hereunder,.P.' I3 MITDUA..Ly UNDER-
, STOOD AND AGREED by and between the parties. as ,.Ilonr �r
col I. They appoint First rational lank of
o1 hereunder; and delivery of an executed copy hereof to id Rank s:.ae constitute its authority to act The their elq rew agent i
r will pay the fee of the escrow agent. The pure} a .ex':; 1 ,r r�'3 'ti,_.
w
`'� -hereunder. will pi; Ike charge of ere escrow agent . each payment made t t
CO, 1. The sellers will sell and the purchasers will purchase the Iol!nxin!, Weld ioloraY o� p I'''
rz
described real estate in t1€L1 County Yie iii2f.{" -" t4 v k...l`r'
—^ u} Sec 7 TQt! R674 in the county of :eld, Cc.io>_,. ' tm4. kt�,r�"'
being 300 acres more or less. { � °
L‘,
4iRl�Said land will be deeded in four part beginning with the most southern portion of 60 acres, 1111!4'10;i ..
" 1n a northerly sequencer the last three portions bpi❑r 80 acres, more or less. Each Portion } ri �,E.
oz
,..P,'
oz will be released when paid in full.' a
O41.1.,±‘,4"
i_ The cost of title insurance will he shared by buyer and seller and purchased as soon as ; 'ry `t,,,
tr Possible before the first payment is due, 40 Subject to restrictions, easements and exception., of record. •
- �x 4,i.
-11 'a. S'J of SW; of Sec 7 + ti} of SE; of 1Td
- � . e, SW-); of Sec. J (GO acres more Cr lets & 4'".
>a cn principal $ 16,800.20 Balance. )v" 919o.F'-0pt:. „�
'— b. al of SE; of f'.1, of See,7r+lt};; of Su; of Sec.,?+ ."t t
s % of , , of S•; of Sec 7 ( 80
or ess).4 21466.20 acres Wore ;�. on principal pal with �._ l+r j�,_r;0 Balance., •
CO. ill of NA+ of S'd of Sec..,14- 11;- o INA o Zee. I 0 cri . more or less �L
for the prineuisal • .200 gp�ijande• • )v m�i7`3rJ•20
P purchase ia.e or f.J'_!L000.00 Ito paidbed r_sal ellows;e A don pn
ym:nt of t_rSC00.�17 _ receipt
of which sum is aeknowle4g by sellers; t 0°•°° on execution and delivery-" - ry of this contract; and the hail once of ,'
.4'the purchase price In the amount of f t000.00 shall bear Interestat the rate of_ 11
_- Per cent per annum from
Fay 25, 1982 142d .1C or more, every three months._ __..., and shall be paid In installments of 3 . = , appLYing first to the payment of accrued Interest ,!1•*
tt ti.
end then to payment of principal owing sellers hereunder; the first such Installment to be made on or before t utz:. 2j,____ ,rtlIiii
... Ba _,and a like installment to be made on or before the corresponding day of each month thereafter i,
until paid In full.
1.' lef
3. The sellers win pay all taxes for years prior to the current year. and taxes for the current year will be prorated as s
of the date of this contract. The purchasers will be given possession cf said real estate on execution of this contract. The
purchasers shall not permit any Indebtedness Incurred by them for label, materials or otherwise to accrue and become a e ,
lien on said real estate during the life of this contract. 7 +
ii eety-in gW n g ',
F¢
•
Wawde,
E
6. The sellers will deposit with the escrow agent their sufficient Warranty Deed conveying fit a {
raid real estate, clear of-encumbrance, for delivery to purchasers on full payment of any balance of purch se rice title owin .owing
r,
to sellers hereunder.A policy of title Insurance will be furnished by the seller at the expense se! t
.upon full payment of the-purchase price. The purchasers-will deposit and option of the ^_�;.. ;t{ycr" ��, ,a3
escrow herewith their sufficienteach Quitclportiimon
Deewhen
a
rmonveying title to said real estate to the sellers for use in case of forfeiture of this contract. on each portl nn whenid in full.
7. Upon payment of the full amount of the balance of purchase price owing seller the escrow agent shall deliver to the ..I.1 l
-purchasers the said Warranty Deed, the Quitclaim Deed and arrange for Issuance of title policy in the name of the-purchasers If such is requested, and pay any balance of purchase price in its possession to sellers,less costs owed by sellers j
hereunder; whereupon the escrow agent shall stand released.
6. If the purchasers shall be and remain In default In the payment of any sum of money hereinabove provided to be
paid by them,or the performance of any other obligation Imposed upon them hereunder, for a period of thirty days after Lr‘
the same shall be due to be paid or performed, then the sellers may declare the entire amount of unpaid principal and ',II
all accrued Interest hereunder, to be immediately due and payable; and if the same shall not be paid forthwith the sellers ».y.
may declare this contract forfeited, re-enter and take possession of said premises, and retain all sums theretofore paid ¢
hereunder, by way of rent for the use of the premises and In lieu of liquidated damages for breach of contract. In ease 1e
of such forfeiture, the escrow agent shall deliver to the sellers all Instruments held by It In escrow hereunder and pay
to the sellers all sums held by It in connection herewith, whereupon, the ecrrnw agent shall stand released. ,t',f}
.41
+i ). •
' . rT1
v �
870521
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D.-A Denalty oI 3 ._i : be chc to th, 1
vr,a. ,.s •:,.. ..,. ay u.a;.i.l:'n'rnt m:.re than :s y., m senora. Y a �r.
C.—
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M-vanntsa ZREOF. the _.: +1
' licit-lea her�^to have clxicd `n tri�,I ttnt r the dal nr.i year tint e.P>o l�e >,rit4n
y ;/ is �• r _� �.._. . ., Pr'
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it tc STATE OF NEW-YL.ZIIX): i
cairn OT MIIiO: ° ,p
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The foregotog ,nstor ant was acknowledged before au thta '..'� _ day of _}D.f.—.____ _.._, 19_.t=?•bY"
— c Ceorle R. Duren and Dorothy :t. ;rur.n
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H 1[y Commlalontrptres: Jntr 111985 (-)-)_:_.,��- (0 Y"
STATE OF >;OLCRJ DO Notary you!-tic
COUNTY OF LA e, n Ei.
— ' The fmree,olrg instrument 1-- is acpn i o- edved before,s,^ittns r.1S dI/ May, 19M? by
ay
Richard Chadwell Noland and nie Jo 1olai r • 7
Comm. e7cpires-. 7- J CO -c• _ ! .tt�f If, �4. V'
Receipt cerIscresw Ayert4 -..---11.177-3—
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The undersigned . hest 11.3_tlurs1_ - _ _ Bank acknowledges receipt of an exeeu / opy tit/
3�'fopy us the forego t::q
agreement_together-with the Instruments therein mentioned. on the _.!Z _-_ da➢ of J_,'"c�—_ 1
and agrees to act as-escrow agent for the parties thereunder. Deposits to node te t. I/ 11 r91fi 5
/�' G Ent pri ,es
Leroy Agent
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i Y. LLOYD .WRIE, of the Oleg at 3•"•—• State of _. •
Omega sad D09pfII .Iol ,at IS of ..I
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Alamogordo, state of New llosl••ael
>DIIII C. TEN= isl RORaa v,�
r !Ott ; ' whose address is Loveland
Date F44 '� ".
JUN271974 I /{
t County of Lorimer ,State of D°e° .._ I /
9olotado for the consideration o[--- -- !�
f ^; --- DOLLARS AID wiz' tALWSLg CORSzDuAnoss_-- 1..
lialli in hand paid,hereby sell(s) and convey(*) to A.
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County of
}r " MADISON , and State of
r. 4 '• 1 O the f.dlowine property in tht• n _
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County of WELDand State of Colorado,nit: o f
t' 4^- - A treat of land situate la tab MVPs of the NAY of Sonic. 7, lowasil 8
WthD
Y Y . Bsal'a 67 Wort of the 6th F i(.,-Coeaty of Weld, State of Colorado,
befog EOM DartlntlarlF dasarlb t aa follows: y},,
+ St ,v CoesiMa1 th sle*lost slag of the mw/4 as bseriag 0 00c00'00•s., end vita 43-A " T .
• J oa- baariaya stalaad hsrg re
lative ative thereto; L 'la
Y ' / ' £orsseaeleg at the N oozier of Jell 0aotiaa0060C•00•1 A
f ' '**L to W 71 thaws 8 i.,3oy.Yy
• -00470'o t e point of boglaolagl tiro* on a *a I., 5 tiw of said 1.144 S
� ii i w4au'oo•t.V 964.00 feet; CWaa ■ 9000o too- g„ S94.00 Ofeat;tea thsaar /4,7".
or beginning.
' 76►.0o watt thanes s 9uoo:, oo• 0., 594.00 test to %ha Point
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aneervstioas, sad xestrictiws of retort, it arm; except general teas for
F („ t ,. 1914 Jed wwewt years.
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e):+ 4f" Signed this day of liay , 1974 .
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4 mil; 24 W. ,y.
DEER '
tWILIR
STATE OF COLORADO, •
County of lAlilO Its- _ er:�� ,
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Tim foregoing Instrument was acknowledged before me this /O i
xe day of t4 1974 ,lb W. LLOYD 11#11. DODOSII lOsa DPI, I
IDI'II C. !VIM AID f@ V. as
lily commission expires Roll /, / 9 76. I,.
' Witness my hand and officiai ail.
e; , ! f'1 R F- _._.... -- - -- -' --'— warnsn. -
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870521
Recorded at _o'clock M.,
Reception No._ scorder.
QUIT CLAIM DEED
THIS DEED,Made this 10 th day of February ,1987,
between George R. Dunn and Dorthy R. Dunn,aka
Dorothy Turner Dunn, husband and wife as joint
tenants with rights of survivorship.
poor the MN/A "County of Otero and State of
RMwal,F nVi-.and George R. Dunn and Dorothy R. Dunn
aka Dorothy Turner Dunn
whose legal address is, p. O, Box 267, Alamogordo, N. M. 88310
New Mexico
of the County of and State of MOWS.grantees,
WITNESSEliI,That the grantor,for and in consideration of the sum of one
DOLLARS
the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold,conveyed and QUIT CLAIMED,and by these
presents does remise,release,sell,convey and QUIT CLAIM unto the grantees,their heirs,successors and assigns forever,not in
tenancy in common.but in joint tenancy,all the right,title,interest,claim and demand which the grantor has in and to the real property,
together with improvements,if any,situate,lying and being in the N7 A County
of Weld and State of Colorado,described as follows:
NY, of the NW'% of Section 7 Township 8 North,Range 67 West. Less-
a part in the NW% of the NW'%. of 7-8-67. Beg. S 364.94' from NW cor
S 564' , E 594' , N 564' , W 594' , to beg.
also known by street and number as: Parcel-ii 1
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining.and all the estate,right,title,interest and claim whatsoever,of the grantor,either in law or equity,to the
only proper IOC, cnefit and hehnof of the grantees,their heirs and assigns forever.The singular number shall include the plural,the
plural the sing ar.and the use of any gcMier shall he applicable to all genders. -
IN WITKE, g WHE/REOF,, is grantor has executed this deed on the date se above.
\ v .1 riM /$'Ghtmr/y'.�t e g.. ,��� X is •1. <-,r 7/ i2 .ee
STATE OF,EOEORAISO,'1'1. In
vs.
County of 1. c<
The foregoing instrument was acknowledged before me in the County of C's,-Lem.,
State of '11AT 'y ,.,«ce- .this 14,t( day of 7;..(-c-c-c_.-''1 ,19 .r7
by Cie .-Tr 11'. /',_t.s,.l cwn./ /L1,.: oiHz ii . ki..4...r'n 1
My commission expires Q w'"� 1 ,19.4g.Witness my hand and official seal.
11
,t .:1J-,1-e 'J2::2-(
Notary hm.
'if in Denver,insert"City and."
No.962.Rev.5-84. OU1r CLAIM DEED 11e1nIni Ibsen) Waggish Publishing,5525 W 655 Age LLwmd CO 102t4—0031 2316410 „p{
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870521
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ADDITIONAL COMMENTS
USR-780, 781, 782, 783, and 784
April 7, 1987
In the consideration of Use by 2pecial Review permits of this nature, in
this _quantity, and in this particular vicinity it is difficult to have an
overall perspective of their occurrences. For this reason, the Planning
staff has supplemented the application materials already submitted with -a
brief history of the Use by Special Review permits issued in this area for
single family dwelling units _n a parcel of land under the minimum lot size
requirement.
Planning Staff Planning Commission Commissioners
USE if Recommendation Recommendation Decisi-on Date of Action
758 Approval Approval Approved 11/5/86
757 Approval Approval Approved 11/5/86
761 Approval Approval Approved 11/5/86
772 Approval Approval Approved 2/18/87
773 Approval Approval Approved 2/18/87
780 Approval
781 Approval
782 Approval
783 Approval
784 Approval
870521
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