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Home My WebLink About871560.tiff RESOLUTION RE: APPROVE SPECIAL REVIEW PERMIT FOR SINGLE FAMILY RESIDENCE ON A PARCEL OF LAND LESS THAN THE MINIMUM LOT SIZE REQUIRED IN THE A (AGRICULTURAL) ZONE DISTRICT - MICHAL S . BEARSON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 16th day of December, 1987 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Michel S . Bearson, 10501 Weld County Road 25} , Fort Lupton, Colorado, 80621 , for a 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 on the following described real estate, to-wit: Part of the W} SE3 , Section 27 , Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS , said applicant was represented by Vincent Phelps , and WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be 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 Agricultural Goals of the Weld County Comprehensive Plan. The plan permits low density residential development on non-prime agricultural and is recognized by the soil conservation district. The Weld County Soil f 871560 Page 2 RE: USE-BEARSON Survey states that the soils capability subclass designations are IVe and IIIc. These designations indicate there are severe limitations on the property which make it unsuitable for cultivation or require very careful management. This proposal is located in the Urban Growth Boundary Area of Firestone, Frederick, and Dacono and is consistent with the Urban Growth Boundary Goals and Policies of the Weld County Comprehensive Plan which encourage the County and municipalities to coordinate plans , policies, and standards relating to land use, zoning regulations , and other closely related matters, and encourage land-use development proposals as long as they conform to the desires of the municipality. The Tri-Area Planning Commission has indicated they do not object to this proposal. b. The proposed use is consistent with the intent of the Agricultural Zone 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 the future development of the surrounding area as permitted by the Agricultural Zone District. There are 14 parcels within one-half mile of this 80-acre parcel. The average lot size of these surrounding parcels is 101 acres , and the parcel sizes range from 3 acres to 449 acres. d. No overlay districts affect the site. e . The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision of the proposed use. f. Development Standards for the Special Review permit 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 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 on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 871560 Page 3 RE: USR-BEARSON 1 . The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to the issuance of a building permit, a Soil Conservation Plan approved by the Brighton Soil Conservation Service shall be submitted to the Department of Planning Services . 4 . The Special Review permit shall be amended to show the access road from Weld County Road 16 to the subject site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D. , 1987 . // BOARD OF COUNTY COMMISSIONERS ATTEST: /i ‘,, , ,,,„„e07,„ ,IJ, n WELD COUNTY, COLORADO Weld County ('(Jerk and Recorder EXCUSED DATE OF SIGNING (AYE) and Clerk to the Board Gordon E. Lacy,, Chairman Chairman BY: beric • C.W.Kirby", Pro Pem EXCUSED DATE OF SIGNING (AYE) APPROVED AS TO FORM: Gene R. Brantner,, ^,r J••c u 1 ine o son V County Attorney �4 ' ., Frank Yamaguchi 871560 DEVELOPMENT STANDARDS Michal Bearson USR-813 1 . The 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 Soil Conservation Plan approved by the Brighton Soil Conservation Service shall be maintained and complied with on the property. 3 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. A . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance . 5 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 6 . Personnel from the Weld County Health Department, 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 herein and all applicable Weld County Regulations. 7 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations . Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 871560 HEARING CERTIFICATION DOCKET NO. 87-81 RE: SPECIAL REVIEW PERMIT FOR A SINGL-E FAMILY RESIDENCE ON A PARCEL OF LAND LESS THAN THE MINIMUM LOT SIZE -REQUIRED IN THE A (AGRICULTURAL) ZONE DISTRICT - MICHAL S. BEARSON A public hearing was conducted on December 16, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. -Barker Planning Department representative, Lanell Swanson S he following business was transacted: I thereby certify that pursuant to a notice dated November 23, 1987, and duly published December 3, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Michel S. Bearson for a Special Review permit for a single family residence on a parcel of land less than the minimum lot size required in the A (Agricultural) g one District. Bruce Barker, Assistant County Attorney, made this matter of record. Lanell Swanson, representing the Planning Department, asked that the favorable recommendation of the Planning Commission be incorporated into the record of this hearing. Vincent Phelps represented the applicant at this hearing. He stated that the applicant is constructing a dairy, as a Use by Right, on this property -and wishes to place a residence on this parcel. He said that the applicant has no problem with the four Conditions and eight Development Standards proposed by the Planning Commission. Norman Yurk, a neighbor, spoke in opposition to this request. Ms. Swanson further explained this request and associated requests which are to be considered by the Board at a later time. Following discussion, Commissioner Brantner moved to approve this Special Review permit, subject to the Conditions and Development Standards contained in the Planning Commission's recommendation. Seconded by Commissioner Johnson, the motion carried unanimoulsy. This Certification was approved on the 21st day of December, 1987. APPROVED: 4, x: BOARD OF COUNTY COMMISSIONERS ATTEST: % .� /+tr*v �, r ) WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF APPROVAL _and Clerk to th B rd Gordon E. Lacy, Chairman BY: /I/264- e Deputy/County -_k C.W. Kirby, Pro- m EXCUSED DATE OF APPROVAL _Gene R. Brantner a quelt,e Jo,ns.n Frank Yamaguchi TAPE #87-120 DOCKET 1187-81 PL0416 A T T E N D A N C E RECORD PLIAS-E write or print legibly your name , -address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS A-RE AS FOLLOWS: DEC-EMBER 16, 1987 DOCKET 4 87-75 ASSESSMENT OF COSTS ZNDIANHE-AD LOCAL IMPROVEMENT DISTRICT DOCKET #87--77 USR-GREYHOUND KENNEL (200 DOGS) - TOM SUGIHA-RA, JR. DOCKER #87-79 AMEND USR-OIL & GAS PRODUCTION FACILITIES - SHUNSHINE VALLEY PETROLEUM CORP. DOCKET #87-80 AMEND USR-OIL & GAS PRODUCTION FACILITIES - H&C COLTON & SUNSHINE VALL-EY DOCKET 4 87-81 USR-SINGLE FAMILY RESIDENCE - MICHAEL BEARSON NAME ADDRESS HEAPING ATTENDING . 1 .xi ��/,r. y.-._... C ''tJJ-LCD_ 7J1�1- L'c, ��- 71 ! ! -�"'C//��f�/� 6C ''. r,-�! •so , 1 -t.�,c11 S �1 1 / ('J .� y ' .Si l tit , '?-, / t%ec-ity x'I -711' CY 1' dS / �1.? %�;�Lv ; SfiF `l G�1ti1e7 E s! P?— -717(572 T. ,/ jC=lY1 f ,,-' �1�90C`.a�}:.Y�JIPOIa; /L'�Y .r2, r Z ��c�i '� / ,)` 9�0 , C'hn��E 5/t° YG� i�L ., ��V 'I i �ff �qp- , y /7�� 1. - i ,jah-.'4 1. r) " ��'.G 'L)i a ,��)�r� p 7 - ��et Yz /7fL� rX-f/1 +LLB _ '�'i0 ', / (et) ire 7/ �t`etc , t, ,' 7- O n 7 ✓' , , }9.'V A9: l�7�7�'%; 7/ L�� •�cI /il 1-/� el/.CL?` ��r 1, �, �. , i' � -S/() a'1.�1 �-' � 7 (�Y"� Y,--�? Po 2 �� 7‘7/ c�o��-�i 1`< 2:, (/( — fir) LK / ete( iti /7 /?,�: / � !i C? y`e(2:,)r ££ `'��C . c/ cSi — fC' r� ,,_ -v- , A(17 17 42/na- �j 1 e'-',/71 .S'(‘ - 177 n'7—,Y1) dt c'(j( C ?)r?t-? 1 /�/ �� F ' '/ -So f A��,✓I',, , �I`,l/ �' >7' !�.�.' �%A 1 ��'li� !'F.. `z i/ (.j 4:!/.f '.r•'.r /� /l�1 /�, .8. 7• :5C) t 7J�> i /I -f A G- y /L�! C,le/e/ / lih., 2/, ✓ /O Al 4/ ry.� .- ,' ;, 4 Y7 Fir-c . ,.-,.- yz' C'-;1 T '*'—iS; C. /17 r � l (-1,-,-//,-,-, ,/,:<-..;; ,,-- /ir r>.:. mil-+:'-.n /2l' i/z nL :fir / - ,'%/) :,-.7 i ,/-'�r,f-/ 1e"- ,./S r .5-.231%,-• Z.2) -t, ye'-- � if- ' rf / A X9330 -- NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. -All persons in any -manner interested in the Special Review permit ere 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 recort which win be kept during the -hearing, the Clerk to the Board'e Office can be contacted for a list of certified court -reporters in the area. If a court reporter is obtained, the Clerk to the $card'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 sha11 be borne by the -requesting party. BE IT ALSO KNOWN that the text end maps so certified by the Welt County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, 1-ocated in the Weld County Centennial Center, 3915 10th Street, Third Rloor, Greeley, Colorado. APPLICANT DOCKET NO. 87-81 Michel S. -Bearson 10501 Weld County Road 25} Fort Lupton, Colorado 80621 DATE: December 16, 1987 TIME: 2:00 P.M. REQUEST: Special Review permit - Single family residence on a parcel of land less than the minimum lot size required in the A (Agricultural) Zone District LEGAL DESCRIPTION: Tart of the W} SE} of Section 27, Township 2 North, Range 57 West of the 6th P.M. , Weld Bounty, Colorado LOCATION: Approximately 2.5 miles east of the Town of -Frederick; west of Weld County Roan 21 and north of Weld County Road 16 BOARD OF BOUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN YEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: November 23, 1987 PUBLTS-RED: December 3, 1987, in the Johnstown -Breeze 871550 Fx,i,r,r MOTIC• the mat tot zortht9daas ae AFFIDAVIT OF-PUBLICATION can t loretlo-erld c a IM beheads, • pas . n9 avl M Mld In bt the Board of Ihe Coa., ' Cent the of wea THEJOHNSTOWN BREEZE Couhry, lorado, Weld County STATE OF COLORADO 1 Csntannlal -Canter, 918 10th Street, Firoe floor, ereelex 1 SS' ail°apedrsons fn tb^y man er COUNTY OF WELD 1 Interested m the epeeist Review I, Clyde Briggs,do solemnly swear that I :a mayrobe heard d to attend am publisher o1 The Johnstown Breeze; Should the -applicant or any that the same is -a weekly newspaper Interested party desire eM printed, in whole or in part, and published inpresence of a court reporter to in the County-of Weld,-State-of Colorado, nmake a add!acid:callof the Drocead- reco m Bchl to the taped and has-a general circulation therein; that record whichl tie kept during said newspaper has been published Ma hearing, e Clerk to the for a Officn be court act continuously and uninterruptedly in said for a Iht certified reporters in the area. If a-court County of Weld for a period of more than . thereporter is obtained the Clerk to fifty-two -;ODSL'CUIIVe weeks prior to the advised t five ad sucheacion first-publication of the annexed legal notice at least five day. prior to the or advertisement; thatsaid newspaper has hesdng. Thexoet M erpsginga court reporter shall-1e borne by been admitted to the UniledStates mails-as the requesting party. second-class matter under the-provisions of teBE IT and ma KNOWN that tha the Act of March �, IB79, or any Weld C maps ea certified by the Weld County Planning Commis- amendments thereof, _and that said Mon may be examined in the newspaper is a weekly -newspaper -duly Coup Of the Clerkor she Boats d inC h Weld to bners, located -qualified for publishing legal notices and Center,the -County Centennial 915 10th Street, Third advertisements within the meanin_g of the Floor, orealey, Colorado. ►awe of the State of Colorado. DOCKET NO. 87-et That the annexed legal notice or advertise- APPLICANT meet -was published In the -regular and Michel S. Bearaon 10501 Weld_Countyentire issue of�very number of said weekly - Road_251/2 newspaper for the period of ..J... consecu- Fort Lupton, Colorado 8082, five insertions; and that the first DATE:December 16, 1987 publication ofsaid notice was in the issue of TIME: 2:00 P.M. said newspaper (Iillvil./.4zr.4. A.U. la), and that the last publication ofsaid-notice REQUEST: Special Review 1 er• was in the issue of -staid newspaper dated a _el .le family residence on A.D. 19..�.L a parcel to land less than the minimum lot llze required in the • In witness whereof I fiav-e hereunto set A (A9dculture9 zone District my hand this ..1.....7..._day of .Kh+ the W DESCRIPTION: Part -of A.D. 19. E the Township SEY. of Section 27, County, 2 North, Range eld �,✓// S West of the 8th P.M., Weld - County, Colorado 7;PUblisher LOCATION: A proximately Is miles mast et the Town of RoFrad 21; west of Weld'County Road and north of Weld County Road 18 BOARD OF_COUNTY Subscribed and sworn to before me, a COMMISSIONERS Notary Public in and for the County of WELD COUNTY,-COLORADO MARY Weld,Slale of Colorado, this .12 TlaY�f •.pet- A.D. 19.$2..-• BY: MARY ANN EA U RK BRK D COUNTY AND RECORDER AND CLERK �YC..S -•rY-c::-: TO THE BOARD Notary P-Iblic BY: Mary Reiff,Deputy DATED: November 23, 1987 PUBLISHEoroecembar 3' 1987, My_commission expires In alas Johnstown Breeze 871560 G• - Affidavit of Publication a. i i STATE OF COLORADO) L ' County of Weld) ss. • • I 4 Cr sly' e 67\ ex-1y of • ------• r said County of Wel being dul)?(fw•orn.say that I DATE:December 113,10S7 3I 8;11873) ATIME:am publisher of y('� REQUEST: Special Review Permit. /�,(, Q/�.Q -ainga family residence on a parcel of and less than the minimum lot that the saute is a weekly rte paper of generalt size s required „re in the A(Agriculturpq circulation was print d and published in the 1 LEGAL DESCRIPTION:Part of the W Ivan of --( 7I 1/2 SE 1/4 of Section 27,Township 2 C"--)A. North Stanpa 51 West of the 87111 in said countyand state:t the notice of adver i "t LOCATION Apwoai i5 mile tisement.of which the annexed is a true copy has - east of the Town of Weld of Frederick;west been-published in saki a weekly newspaper f•r t NOTICE Weldld Cou County odd RoaO RI nT1 old north d l/ ' Q consecutive State al to and laws of COUNTY COMMISSIONERS weeks: that the notice was published in the County2oning Ordinances,a public WELD COUNTY,COLORADO haring will be held In the Chambers regular and entire issue of every number of said of theDar�d C ,ina Commission- By: newspaper during the periodand time of publica- -era of-Weld Dm eda-WOM .aQelfAar a.r w. County Conformal Cenrer 111 5•1001. County Clerk and Recorder don of said-notice and in the newspaper proper Strest,%irsfrbor Greeley,Cotawpda - and Clerk to the Board and not in aaupplement thereof; that the first -at the tame'pediied.All pereayh By: ubU[ationsaid notice was contained in the any manner Interested in the sprat Mary Reiff,Deputy p - Review perm i are requested to at.issue of said newspaper bearing the date, the tend and nay b•hard. DATED:November 230907 T -Should the applicant or any Mtge Published In the Fort Lupton P•se I -date of .A.D.. 19 tasted pertybaire the presence of. on December P,1907. sTrt 1 , soup reporter to make a record of the proceedings, In addition to the and the last publication thereof, in tiliF issue of l taped record which will be kep10 said newspaper.bearin _date.the day of t -urine-thehssdnp the Clerk to the pope g -Board'she he an de eontleted foes list of certified court reporters Male t() ry� area.If a.court reporter le-0balneod� • 19 )not[he Bald the Clerk to the Boerd•soffae shah be ale Lid In writing of ash action ,-{/ �0 at IQuttive d„re Wiorto the heeling. r�l A.t l•J re - •The ado/�paping a wort reporter . has been publist con[inously and uninter- - ephal h :be born• by the requesting ruptedly during t e period_of at least fifty-two BE IT ALSO KNOWN that the tad and consecutive weeks next prior to the first issue - maps so cert a WIhe W�elCounty thereof containing said notice or advertisement ) - ?Myni dips Nal tnhi CNrbelt bode above referred_to:and that said newspaper was Board dsounty Commission.n,-b- at the time of each of the publications of said sppas In the rN Count Centennial notice dulys{ualifled for[haLpunpose within the 2 Greeley,gColorado M.Third Fidel, meaning of an act entitled. -An Act Concerning DOCKET N0,$741 Legal Notices,-Advertisements and-Publications and the Fees of Printers-and Publishers thereof. SachsAPPU ANT MICAd S.Benson and to Repeal all Acts and Parts of Acts in Lon- 10501WelCounty Reed 2617! • filet with the-Provisions of this Act" approved Fan Lupt°"'-Colorado 00521 April 7. 1921.and all amendments thereof,and particularity as amended by an act approved. March 30. 1923, and an act approved May 13. 1931. b l(fff/// Publisher at Subscribed and sworn to before me this /li/b W ` p 6 day of y' x-4�DirniaC7 ; -A.D , 14O / ., ..1 L7- . �i L=° Notary ub& 4/if QQ,a_4t64.-&i l Zi e' Ui i -YgUit 44,2:4„,, do 8G'b I my commission expires 015129 r n7*Sso Weld County Cc tlssioners A d Le arcnient Flanning Services We the undersigned Weld County Residents are in favor of USR-813 hich is a special review permit for ingle family residence on a ( parcel of land less than the m _nimu ,, 1c s1 cc ( 160) acres required ' iF the A ( Agricu_ltural Zone) di. r- ti is t. Approximately 2 . 5 miles east of the Town of Frederick, west of =Weld County Road 21 , and north of Weld County Road 1.6. Name Address Date v. ,/Svc � �L, !✓/�' 1 , / ✓ If t, „ .t ! 1Y"c .J .t‘ . //- 15 . tr ,, 1l - %/ �" Y, 1 r ✓1 i I L �•/!r L L ` u 1 f 7 % J, _. g, i � !,( � � t � •-]; / § , re , ( ' , 4 ; � a� / 7•4 y 441,1;.?.170.71' t Az__- At" -4c) n ,u,� /� - / / - / , ex 1 D ., /// �C; /a . C�,2 ( licitgrL -Lam._.. ll.lL ,(. ,..I r� - _ —,-- cf. Pcd ,O2) 11-, -_� / �).,a. !vim^"-.� i'987 we P�i'f, � / L' - b' (-7,---.se /-.,," , /v L61 , ��7 /l-.�,;, 7 yt.--5,---e--1----c, �id ' 2 • 7 12-,.._ /7 / 7 /-1--7,7",2A-t- z.,, a5.,(, Z / ///�z /5; o Ss �_k.. kivl ko ( ? --84700,,,-/:, c-; ,9-(2/, :,,7)/ ' // - ,)e.o t7 rilis :�,t �A\c \\;a<h\ iy�O , .` \�)d;;�1 tc . cf� � ''l1ti. ' I !u' ' - �, 1- j C C�{`v°l.A-�-- -i` ,/�- '1 Nx�r; / /�, L��-' i" f� c5 9.476 .'_>/' / / -, e- C a _, r o —!,O11 _ f/Ui.. :Cti- D' -1 J\ V�V � C % ((' k'E;)I>4(4� j � ,//k , .. ,„ Ex ,„ ,7 J-- Qvcr. 891560 i a s .sue\ Lit 6 J (x , r !g>Qr Z/2J/\2 QUO Cc* � Ee Q05 7 &?/ X . Z/ ;1`1® g lG Q/19 64%/ 7 «x_, /0507 I..O 64 J wt 2/7, /02 7»7 7-dttl--&7 ;74banfreelen /0;50/ 00 c A' % A7-4-1,frzn ZXJ2/cz2 /em (4 t is 0J> e 6 � /.2_ , - /7 \� \ \ \ f \ oTi1 \ DEC 71987 \ S. } 2 *a� b a, 4 f \ { \ 11 \ 4 VI'' y tiii \ 871560 & / / /L.9 L " C Y .L Vale Tie. ziAderSeyN/e_ca 14/I'4.A ..(e- 4 4 c0. rope i+ try o),w<Je r . «/ Feel `J ec<<aL per,nn:T fie r Cl 4'i`sA19 L e Fa in/4 7 OWc /!i :1/.i Sheazi he, is-voter ; Ai C N At, if/ft/kitf? s'del r : O4 te_ t (/`t!� t-e !ikw, �'-`C'4;y.--evavi is{"± _,J 1!} d I .S /i, I- c',' ,-CP ! f /l L! •ilr', "N)at;. i�j �itirw-cis - , :'.' ,.-415' 2-2 ,, . �A, 2.-� '1- 4411 Yci yi !�:�-� a1 s /c7— ,:�i r <- f - !' / . �.�aP�� . : ' , t 7 /Lid 5 F,r�1 co% L o3 te> a 1 , tE ,�. , k." tti C/ '7 - c_ r¢kJ/ ?'C_rmc t .Z ono/ 7>L,A. u pit/tic �! ' <:x t... 1.39-6-7,-47_,),)1.4, -(. ;! . -z")0 / %',;4,_ ,?/ / ;;f �r,`..� //// /" h'� ✓� te 76 ;1 //yY/ /"`-✓U'4, Y.l.s--.... 83-// -hk- ,/, `7, , Y,. //::91/5 7 dept e,, 7C cc c, ;ccol c7/ c.V,(c 4<',)- '77''/'C' ' (....-----" / / � / /l �" /l;744 /< 7 :/ t ig-e ilec� _ 'Yai_'Z( '/C 1144 (a [alt 1/ /y_F: _.,6)6i 4. -. , 4, 14, 2 j;.0 02 ,7? _1 G2c-r(j' 6, 64, /7 /,FrThn, ,ITM ,e ai& \ _ c , Vi -i• e * ir_f_rr Ji)v, s7136o%0 / 2i/( 2 ) :)-/, 1� "t; lam, i.2%y3 i DATE: November 23 , 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 16th day of December, 1987 , at 2 : 00 P.M. Docket No. 87-77 - Special Review permit for a greyhound kennel (200 dogs) , Tom Sugihara, Jr. Docket No. 87-79 - Amend Special Review permit for oil and gas production facilities in the R-1 Zone District, Sunshine Valley Petroleum Corporation Docket No. 87-80 - Amend Special Review permit for oil and gas production facilities in R-1 Zone District, H & C Colton Company and Sunshine Valley Petroleum Corporation Docket No. 87-81 - Special Review permit for a single family residence on parcel of land less than minimum lot size in the A Zone District, Michal S . Bearson OFFICE OF THE CL TO THE BOARD BY: �G! / Y Deputy The above mentioned hearing date' and hearing time may be scheduled on the agenda as stated above . BOARD OF COUNTY COMMISSIONERS WELD COU Y, ORA h �d( 871560 Summary of the Weld County Planning Commission Meeting November 17, 19F7 Page L The _Chairman called f-or discussion from the members of the :Planning Commission. Discussion followed. The Chairman asked the secretary to _poll the members of the Planning Commission. Jerry Burnett - yes; Bud Halldorson - yes; Ernie :toss - no; Ivan Cosnell - yes; ZeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver — Yes, she feels this is a good location with a good access for a business such as this. Lynn Brown - Yes, for the same reasons stated by Paulette. Motion carried with seven voting for the motion and one voting against the motion. CASE NUMBER: USR-813 APPLICANT:: M#cshal Bearson: REQUEST: A Special Review permit for a single family dwelling on a parcel of land under the -minimum lot size in the A (Agricultural) Zone district LEGAL -DESCRIPTION: W} SEi of Section 27, T2N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles east of the Town of Frederick APPEARANCE: James Clevenger, applicant's representative, -explained the request of the applicant. They meet all required -regulations of the County with the exception of the living quarters on $0 acres of dryland. She chairman called for discussion from the members of the audience. Anita Erickson, surrounding property owner, spoke in opposition to this ' request. Norman Yurk, area property owner, felt improper notice had been given of this hearing. He is opposed to this request. Tape 301 — Side 2 The Chairman asked Mr. Clevenger if -he had reviewed the recommendation, _conditions, and TDevelopment Standards as set forth by the Department of Planning Services. -He stated he has and they have no concerns regarding these. The Chairman asked Lanell Swanson to _read the recommendations, conditions, -and-Development Standards as outlined by the Department of Planning Services staff into the record. AS,.,t,, c' 871560 "ummary of the Weld County Planning Commission Meeting November 17, i987 Page MOTION: Ernie Ross moved Case Number USR-813 for Michel Bearson for a Special Review permit for a single family dwelling on a parcel of land under the minimum lot size in the Agricultural zone district -be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards as set forth by the Department of Planning Services' staff and the testimony heard by the members of the Planning Commission. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. Tile Chairman asked the secretary to poll the members of the Planning Commission. Jerry Burnett - yes; Bud Halldorson - no; Ernie Ross - yes; Ivan Gosnell - yes; LeAnn -Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Lynn Brown - yes. Motion carried with seven voting for the motion and one voting against the motion. -The Chairman called a break at 3: 15 p.m. The meeting was reconvened at 3:25 p.m. CASE NUMBER: USR-814 APPLICANT: Crop Air, Incorporated REQUEST: A Special Review permit for an agricultural service establishment for a crop dusting facility LEGAL DESCRIPTION:- Part of the SW} of Section 3, T6N, R65W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 1 .5 miles southeast of the Town of Eaton; south of Weld County Road 74 and east of Weld County Road 41 -APPEARANCE: Dana Gustafson, owner, Crop Air, stated he wants to remove some old buildings on this site and replace them with a new airplane hangar. Pe owns three spray planes and one passenger plane. There are some planes stored on the property that he does not own. There is a shop for maintenance and repair that also does outside work. They are not adding any more planes, they just want to expand their plane storage capacity. He also discussed handling and storage of chemicals and pesticides . Lanell Swanson reported that since this was a nonconforming use the Planning Commission needs to review the entire site. The Chairman called for discussion from the members of the audience. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ernie Ross that the following resolution be introduced for passage.. _ . by the Weld County Planning Commission. Be it Resolved by thi'ew 'ld Conrity Planning Commission that the application for: 1-, CASE NUMBER: USR-813 NOV 1 81987 NAME: Michal Bearson L./1'k kREELEY. COLO. ADDRESS: 10501 Weld County Road 25-1/2, Fort Lupton, CO 80621 • REQUEST: A 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 W} SEi of Section 27, T2N, R67W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2.5 miles east of the Town of Frederick, west of Weld County Road 21, and north of Weld County Road 16. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Agricultural Goals of the Weld County Comprehensive Plan. The plan permits low density residential development on nonprime agricultural land as recognized by the soil conservation district. The Weld County Soil Survey states that the soils capability subclass designations are Tye and IIIc. These designations indicate there are severe limitations on the property which make it unsuitable for cultivation or require very careful management. This proposal is located in the Urban Growth Boundary area of Firestone, Frederick, and Dacone and is consistent with the Urban Growth Boundary Goals and Policies of the Weld County Comprehensive Plan which encourage the County and municipalities to coordinate plans, policies, and standards relating to land-use, zoning regulations, and other closely related matters, and encourage land-use development proposals as long as they conform to the desires of the municipality. The Tri-Area Planning Commission has indicated they do not object to this proposal. Li%rnz'7 Michal Bearson USR-813 Page 2 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 the future development of the surrounding area as permitted by the Agricultural Zone district. There are 14 parcels within one-half mile of this 80 acre parcel. The average lot size of these surrounding parcels is 101 acres, and the parcel sizes range from 3 acres to 449 acres. - No overlay districts affect the site. - The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational idecision of the proposed use. - Development Standards for the Special Review permit will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to xecording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special -Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the issuance of a building permit, a soil conservation plan approved by the Brighton Soil Conservation Service shall be submitted to the Department of Planning Services. 4 . The Special Review permit plat shall be amended to show the access road from Weld County Road 16 to the subject site. Motion seconded by Paulette Weaver. 871560 Michal Bearson USR-813 Page 3 VOTE: For Passage Against Passage Jerry Burnett Bud Halldorson Ernie Ross Ivan Gosnell LeAnn Reid Louis -Rademacher Paulette Weaver Lynn Brown 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 November 17, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Bated the 18th day of November, 1987. 0:\o c5-A, Bobbie Good Secretary 871560 ADDITIONAL COMMENTS USR-813 MICHAL BEARSON The Tri-Area Planning Commission has Indicated they have no objections to this -proposal, but would prefer that the _mobile home to be used as a principal dwelling eventually -be replaced with conventional housing. A petition -requesting denial -of this request has been received by the Department of Planning _Services. The petition is signed by 16 people. Dne verbal objection has -been received from a -surrounding property owner. 871560 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number. USR-813 Submitted or Prepared Prior to Hearin‘ At Hearing 1. Application_ 17 Pages x 2. 1 Application p1-at(s) 1 pages) • 3. DPS Referral Summary Sheet x 4. TPS Recommendation X 5. DPS -Surrounding Propery Chines Hailing List x 6. DI'S Mineral Owner-a Mailing fist 1. 3 DPS Maps Prepared by Planning Technician 8. DPS 1h`otice of Hearing x 9. DRS Case Summary Sheet x 10. DPS Field Check x -I1. Petition signed by 16 _people requesting denial x 12. Petition signed by 7 people requesting denial x 13. Letter from 'Fri-Area Planning Commission - received after hearing 14. Referral from Weld County Health Department x 15. Referral from Stag Enginear's Office x ' 16. Referral from Platte Valley Soil Conservation x 17. I8. 19. 20. I hereby certify that the 16 items i-denti'led herein were submitted to the Department of Planning Services at or prior to -the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office en November. 19 19 R7 . I( .)rent P1 n r STATE -OF COLORADO ) COUNTY 13F WELD ) SUBSCRI-BED AND SWORN TO BEFORE ME THIS \y TAY OFD ,,, ,,,,\ k, 191, _. SEAL • s,�i \ A NO ARY PIBLIC My Commission Expires'Feb. 13, 1989, 8'„r a • f x.560 MY COMMISSION EXPIRES nn EXHIBIT INVENTORY CONTROL SHEET Case L-/ 5, k:latont./ Exhibit Snbmitted By Exhibit Description ,4 A. V:49.397-or"�.e� 'd27,4Y'/YL-4 0 4, �GGC.rac B. / ��G!9i 4Q'7J(/f1ZG2au.-t� We4....neirter;ti ///jam/ ad� �i.�tv/Jr ��: C. k;36-,,,ite"; &at-LQ.2;4 25/29749.0 , car %2 O / F. L,�6L �� r✓ G. H. I. J. R. L. M. N. 0. 871560 Date: November 17, 1487 CASE NUMBER: USR-813 NAME: Michal Bearson ADDRESS: 10501 Weld County Road 25-1/2, Fort Lupton, CO 80621 REQUEST: A 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 W} SE} of Section 27, T2N, R67W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2.5 miles east of the Town of Frederick, west of Weld County Road 21 , and north of Weld County Road 16. 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 Agricultural Goals of the Weld County Comprehensive Plan. The plan permits low density residential development on nonprime agricultural land as recognized by the soil conservation district. The Weld County Soil Survey states that the soils capability subclass designations are IVe and IIIc. These designations indicate there are severe limitations on the property which make it unsuitable for cultivation or require very careful management. This proposal is located in the Urban Growth Boundary area of Firestone, Frederick, and Dacono and is consistent with the Urban _Growth Boundary Goals and Policies of the Weld County Comprehensive Plan which encourage the County and municipalities to coordinate plans, policies, and standards relating to land-use, zoning regulations, and other closely related matters, and encourage land-use development proposals as long as they conform to the desires of the municipality. The Tri-Area Planning Commission has indicated they do not object to this proposal. The proposed use is consistent with the intent of the Agricultural District and is provided for as a Use by Special Review. 871560 Michal Bearson USR-813 Page 2 - The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Agricultural Zcne district. There are 14 parcels within one-half mile of this 80 acre parcel. The average lot size of these surrounding parcels is 101 acres, and the parcel sizes range from 3 acres to 449 acres. - No overlay districts affect the site. - The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision of the proposed use. - Development Standard-s for the Special Review permit will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' offic-e and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the issuance of a building permit, a soil conservation plan approved by the Brighton Soil Conservation Service shall be submitted to the Department of Planning Services. 4. The Special Review permit plat shall be amended to show the access road from Weld -County Road 16 to the subject site. 87156o LAND-USE APPLICATION SUMMARY SHEET Date: November 10, 1987 CASE NUMBER: USR-813:87:39 NAME: Michal Bearson ADDRESS: 10501 Weld County Road 25-1/2, Fort Lupton, CO 80621 REQUEST: A Special Review permit for a Single Family Dwelling on a parcel of land under the minimum lot size in -the A (Agricultural) zone district. LEGAL DESCRIPTION: The W} SE} of Section 27, T2N, R67W of the 6th P.M., Weld County, Colorado LOCATION: On the north side of Weld County Road 16, approximately .25 miles west of Weld County Road 21 SIZE OF PARCEL: 80 acres, more or less 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. The Department of Planning Services' staff has received specific recommendations from the following referral entities: - Weld County Health Department - Division of Water Resources - Brighton Soil Conservation Service - Tri-Area Planning Commission (verbal only) Copies of these referral responses are included in this summary packet. The following referral entities have responded they have no objections to this proposal: - Weld County Engineering Department - School District RE-8 - Fort Lupton Fire Protection District - City of Fort Lupton No objections have been received by the Department of Planning Services' staff from any surrounding property owners. 671560 , 5 A ' 1 'k 4.• •N •N __ D.. I h ••� e 1' d �: 5••• • \_cc/ • ° r i • t.•e ' ,• 11• z `• n Iz r III 3 - ,I) .:• pI .• ' : a . r I I (s �, •II t, •w' . . .. • IA 3 • '1 tl • x Ala' p}(' qI Ij LNI'Cof1frJ2 �� .a2 ❑ :1�7f . ..745 ns• .�. •ax . • - 'ILiJ 4 • Li.±ITH) x • I r0•• Dou.D. ° N .e • ' • .°. VIII • • I'llI PI{ j x3 °•�(-12•551-' (�V / xv_ ��.1 z. • x3 !I •� z1 z 1 ° /\I xs 30 23 —,—I_• __- v l f • ' J�- .� —l •. 3(h x�!_ ., •. . • iii. ,r • x r Ls _ _ »>. •I • 4'31 1� • 1:i$J " I.0 .— ` 1f • I • le � �_ ,N[31[NAMTL •Imo . ° •• •�.• . • \\\ ▪la.•. ElG I I ®• 11 `y ,3 Q• '� • a la ie D j , I. •;` I, eill • V! 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LINE. t y • A Sp 1l ' N' p } AW ----t • / G ? ._ t i r I II r ' 1 5 ) t —v• RR' E lfc, O 11 r13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 @r r 871560 • 1i ,t� ..), _� t_' } imp r. Y _ O .en : . co, p I sP I V,. /./ r , , t _ 8 - u 8 • N -0 N 6• ``o'er m II X n w I a eo x fl ç 4.' • r • uom, pass 1 p • a a \e.. X. e g 5� . W) 2 © Q `' 4 .a \ moo sa , g I rz-7--) 6_,,,i , ,,, _,Kx, _ rpro (Th , , .4i. ( ( r,1/4,_ z., ,.... Q • ... . . r • °,)° ci \ )<\I 0 0 -a I p h (, '(I / �1 il U ��U. IV � o :® `-. �� R � ate \� mI� o �� m, •L v . Y ° ems\ = a °" -�� a ‘ \ /w'II h,-\\ ^ ; �' ] 2�` 0 .. .,,` R , ---a�.�°+. axe xt'4 s'T '. R " , e l5 :'. y Lx r it• ^4 v . i v 47-, q � P 1 '� �' } V - T .4. e to vie ap • VV • of g a 1` b k • L 'L4 k { �� 3G, �i T 4I p T - x^ �JS .. .v.e.�.. yr..,.ne••+ t,dC;, �. `.''` ii�l'" ,7"."1-,; .. : '• 7 ,' IN,.0,0,;.i. . i I w f y 'ion j'I,., a pihlq I alp �� . _ 4i I z Y- • ux 4 n 'ham Y_ -At;... o "'''''4.1..'"1"4.41 pi FIELD CHECK FILING NUMBER: USR-813:87:39 DATE OF INSPECTION: October 23, 1987 NAME: Michal Bearson REQUEST: Special Review permit for a Single Family Dwelling on a parcel of land under the minimum lot size in the A (Agricultural) zone district LEGAL DESCRIPTION: W} SE} of Section 27, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: On the north side of Weld County Road 16, approximately .25 miles west of Weld County Road 21 LAND USE: N 011 and gas production, natural vegetation, one residence approximately .5 mile E Natural vegetation, Weld County Road 21, oil and gas production S Weld County Road 16, oil and gas production, natural vegetation, one residence approximately .25 mile W Row crops, oil and gas production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: There is some oil and gas production currently on the site. Access to this parcel is from an access easement leaving Weld County Road 21 to the west and from Weld County Road 16. This parcel slopes sharply to the south. BA a ell J. w 9son Current P nner 871560 REFERRAL S.IST APPLICANT: Michel Bearson CASE NUMBER: USR-813:87:39 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: October 23, 1987 NO SR NR NO SR NR X Weld County Health Dept. X Engineering Department X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 4/ X Dan Trimberger Colorado Department of Health 4210 East 11th Avenue Denver, CO 80220 (Informaitonal Only) ✓ X School District RE-8 'wiut^nL /1-a -S)7 301 Reynolds Fort Lupton, CO 80621 X Fort Lupton Fire Protection District V/ Attention: Fire Marshal Larry Richardson 1121 Denver Avenue Fort Lupton, CO 80621 X City of Fort Lupton Box 148 Fort Lupton, CO 80621 X Tri-Area Planning Commission --41"2^- Q 1//14/6'7 P.O. Box 363 Frederick, CO 80530 ✓ X LeAnn Reid Planning Commission Member 7830 Weld County Road 81 Roggen, CO 80652 X Brighton Soil Conservation Service 60 South 27th Avenue Brighton, CO 80601 N0=No Objection SR=Specific Recommendations NR=No Response 87156o *1)((fIt '' ,,, , ,, 2i tildloRmilliutiii wine to [^?eld County Planning Date October 19, 1987 COLORADO From Health Protection Services a Subject. Case Number: 2PMH-1356 Name: Bearson, Mi al S. Health Protection Services has reviewed this proposal and recommends for approval. Mr. Bearson applied for an Individual Sewage Disposal System permit (#G870213) on October 6, 1987 for two mobile home residential units on one lot. As of this date no site evaluation has been scheduled so that a permit can be issued. AP/bks D gj J OCT 19 1987 l Weld Co. ?tannin ICommissioo 87156o o? COL() OYROMER e .. R Governor O JERIS A. DANIELSON * %""'-� J). * State Engineer * /8764. OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 November 3, 1987 Ms. Lanell Swanson Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Bearson Special Review Case No. USR-813:87:39 W1/2 SE1/4, Sec. 27, T2N, R67W Dear Ms. Swanson: We have reviewed the above referenced proposal to use an 80-acre parcel as a dairy farm. A well permit (no. 32591 -F) has been issued on the tract for the proposed uses. There also exists a Central Weld County Water District water tap and a letter of commitment has been provided. We, therefore, have no objections to this proposal . Sincerely, Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:ma/1200I cc: Steve Lautenschlager II r' NOV 6 1987 871560Ili Cu. "IM iung ..ulllLtl$51pt PLATTE VALLEY SOIL CONSERVATION 60 S . 27th Ave . — Brighton , CO 80601 DISTRICT 659-7004 November 4, 1987 Ms. Lanett J. Swanson Weld County Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number - USR-813:87:39 Dear Ms. Swanson: According to the legal description provided, W 1/2, SE 1/4, section 27, township 2 north, range 67 west, the soils are 4-Aquolls and Aquepts, flooded; 13-Cascajo gravelly sandy loam, 5 to 20% slopes; 45-01 nay loamy sand, 3 to 5% slopes; 47-Olney fine -sandy loam, 1 to 3% slopes; and 48-Olney fine sandy loam, I to 3% slopes. See the attached soil map. The Olney fine sandy loam 1 -3% slopes and 3 to 5% slopes are Prime Farmland according to the Important Farmland Map for Weld County, Colorado. The Aquolls an-d Aquepts soils are subject to flooding. The water table is at or near the surface in the spring and during the peak of the irrigation season. The Aquolls and Aquepts have a severe limitation for buildings, shallow excavations, roads and streets and septic tank absorption fields, due to potential flooding and soil wetness. The Cascajo gravelly sandy loam soil has a moderate limitation for buildings due to slope. This soil also has a severe limitation for shallow excavations due to small stones and cutbank caving. The Olney soils have a moderate limitation for local roads due to low soil strength. Any septic system should be installed according to the Weld County 'Wealth Department. A waste management system for the proposed dairy farm -should be approved by the Weld County Wealth Department and the State Wealth Department. The cropland should be managed so that it will be protected from wind and water erosion. A conservation plan will likely be needed. Then the plan will need to be followed. Si,ncerel y, tilL l- %1` o��lc]�at\V Clyde;'Abbett, President 1V� NOV (j 1987 Board of Supervisors Lb t_ 871560 Helri Cu. "4!u;u;ik auaairs�w AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 ) SS • COUNTY OF WELD 1 • I, Clyde Briggs, do solemnly swear that I • am publisher of The Johnstown Breeze; that the same is a weekly newspaper NOTICE OF PUBLIC NEARING printed, in whole or in part, and published The Weld Count Planning in the County of Weld, State of Colorado, Commission will conduct a public and has a general circulation therein; that hearing on Tuesday, November said newspaper has been published 17, 1987,at 1:30 p.m.to review a request for approval of a Special continuously and uninterruptedly in said Review Permit for a single family County of Weld for a period of more than dwelling on a parcel of land under the minimum lot size in the fifty-two consecutive weeks prior to the A(Agricultural)Zone district from Mr eearson. The parcel of first publication of the annexed legal notice Wnd is described as Way sev.of or advertisement; that said newspaper has Section 27, d County,nB7W l r the been admitted to the United States mails as cth aini We 0d acres, Cole ort The less. ne pr ymore or less. property is located second-class matter under the provisions of approximately two miles east pi the Act of March 3, If179, or any the Town of Frederick amendments thereof, and that said Thep Weld c hearing to be held by newspaper is a weekly newspaper duly the County Planning lion ofaith for the eferenced qualified for publishing legal notices and lien of the above referenced advertisements within the meaning of the request will be conducted in the weld CouRonty Commissioners' laws of the State of Colorado. County Hearing Centenn all Cen er,91l5 That the annexed legal notice or adverlise- 7enth Street, Greeley, Colorado. ment was published in the regular and Comments or objections related to the above request should be entire issue of every number of said weekly County eDd in writingt ofto the weld newspaper for the period of- -consecu- County Department of Planning Services, 915 ream Colorado live insertions; and that the first Room 342, Greeley, Colorado presen before the above date or - publication of said notice was in the issue of presented at the public hearing r�� pn November n, 198z said newspaper dat.•d.�.c- 71.5.—A.D. 14. .. Copies of the application are and that the last publication of said notice available for public inspection in was in the issue of said newspaper dated me Department of Planning , A.D. 19 Tenth Services, Room 342, Weld PhonCount Centennial comer, gis . In witness whereof I have hereuntq set 4400.Street356-4000 CExltension my orado - hand this .J..h.... day of ...�2.c. , I4400. A.D. ' /19,x,.7 on Garrison, Chairman Weld County Planning • Commission ( ToC be published in the blisher Johnstown Breeze To be published one (1) time by October 22, 1987 Subscribed and sworn to before me, a Notary Public in and for the Skunty of Weld, State of Colorado this ..l day of earn?' A.D. 19.R..2.. (4:: Notary Public My commission expires . _3'Orr nv-ices June 14,19- 2 2vD r,Parish Avenue �,,• . ,lchnstown,CO 80584 �" 871560 USR-813:87:39 MICHAL BEARSON SURROUNDING PROPERTY OWNERS Energy Mineral Corporation 1616 Glenarm Place Denver, CO 80202 Bud W. and Joyce Hunziker 7037 Weld County Road 19 Fort Lupton, CO 80621 Norman W. Yurk 9502 Weld County Road 16 Fort Lupton, CO 80621 Dale E. and Anita A. Erickson 6511 Weld County Road 21 Fort Lupton, CO 80621 Thomas E. and Doris L. Spurling 7832 Deer Trail Court Parker, CO 80134 Sandra Bravo 7145 Weld County Road 21 Fort Lupton, CO 80621 John B. Zermuehlen 7601 Weld County Road 21 Fort Lupton, CO 80621 871560 l � SURROUNDING MINERAL OWNERS USR-813:87:39 MICHAL BEARSON Energy Minerals Corporation 1616 Glenarm Place Denver, CO 80202 Kenneth Vonasek 7012 Weld County Road 21 Fort Lupton, CO 80621 871560 DEPART....iNT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 Inge CASE NUMBER USR-813:87:39 COLQjt,4IQ 987 TO WHOM IT MAY CONCERN: Enclosed is an application from Michal Bearson for a Special Review Permit for a single family dwelling on a parcel of land under the minimum lot size in the A (Agricultural) Zone district. The parcel of land is described as W§ SEi of Section 27, T2N, R67W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately two miles east of the Town of Frederick. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by October 23, 1987, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 0 az 5"Z 2. We do not have a Comprehensive Plan, but we feel this request Pc' CD e 1 C i� (is/is not) compatible with the interests of our town for the following reasons: OO W cC - ` 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. XX Please refer to the enclosed letter. Signed: Agency: Tri -Area Planning Commission Secretary Date: November 5 , 1987 em SOU° Tri-Area Planning Commission P. O. Box 363 Frederick, CO 80530 November 16 , 1987 Ms . Lanell J. SwansonWV ?. \? . Department of Planning Services 915 10th Street NOV 18 1987 Greeley, CO 80631 U\I'll l', Dear Lanell, kid Co. per my telephone conversation with you on November 4 , I stated the Tri-Area Planning Commission held their regular meeting on November 3 , 1987 . At this time application from Michal Bearson for a Special Review Permit for a single family dwelling on a parcel of land under the minimum lost size in the A (Agricultural) Zone district was heard. Mr. Bearson was not present to answer questions . Although Mr. Bearson was not present this Commission discussed the application and after great discussion the following recommendation was passed for consideration by the County Commissioners: The Tri-Area Planning Commission approved application from Michal Bearson, but we have one prerequisite that there be a time limit set on the principle owners mobile home and a on-site conven- tional home be the final dwelling. We also would like to stress our feelings on no representation. We have continually stressed it is important that applicants know they must appear before this Commission. As you know, the Tri-Area Planning Commission in the past automatically denied applications in which there was no representation. Our job as an advisory board is to try, to the best of our knowledge and ability, to make a fair decision to the betterment of the community in which We live. It is not fair to the community if the applicant does not take the time to present his application. Lanell, as I suggested to you, Planning Services should have a standard letter which is given to all applicants stating "if your application falls within the Tri-Area, within the three mile radius of the Tri-Area or the outlying areas, you must appear before this Commission to answer any questions . " The Tri-Area Planning Commission meets on the first Tuesday of every month at 7 :30 p.m. at the Frederick Town Hall . 8715"') - 2 - I don' t think any municipality or commission is asking to much but a little more involvement on the part of the applicant. Should you have any questions , please don ' t hesitate to call . Sincerely, R ecca E. Marker 1 Secretary Tri-Area Planning Commission /rra r 1.r aar.ing Services We, the undersigned Ru. l Weld County property owners/residents do not feel a special permit for a single family dwelling should be issued in Case Number USR-813-87 :39 for the following reasons : 1 . We feel that the issuance of a special permit in this case would be at cross purpose with Weld County ' s Comprehensive Plan for Agricultural zoned property. 2 . The feasibility of 80 acres dryland in the Weld County agricultural zone is too small to be profitable for an individual owner. 3. In the recent past the property owners in this area defeated a request to change the zoning which would have allowed a large chicken/egg operation to move into our area due to the negative effects on our quality of life. 4 . We also have reason to believe that the intent of this special permit is to build a dairy on this site and we will have to live with the conditions that a dairy creates which we feel are the following: A. Due to the site ' s location on a hilltop, it creates a serious -environment hazard to the health and well-being of the adjoining property residents . We request that an environmental impact study be completed by the United States Environmental Protection Agency prior to consideration of this variance. -B. Due to waste ponds and piling of manure, dairies create odor prob- lems for large areas with our prevailing winds. C. The comings and goings of trucks and dairy employees will greatly increase the use of our roads and cause maintenance problems in inclement weather. D. Dairies have a tendency to create noise problems due to the number of animals in a small confined area. E. Due to the available dryland around this site, this dairy could grow to be an eyesore for much of the area since it is on a hilltop. F. We currently have three dairies in our area and do not feel that we need another one. 5. This Variance to the Weld County Comprehensive Plan will have a very _definite negative effect on our quality of life as we have known it for the last 20-50 years . 6 . This Variance to the Weld County Comprehensive Plan could also have a very definite negative effect on the valuation of our properties that are within this area. 7. In light of the above reasons, we feel that the Weld County Department of Planning Service should deny the special permit in case number USR-813-87 : 39 and follow the Weld County Comprehensive Plan of 160 acres dryland per building site. Thank you for your consideration is disapproving this special permit. Rural Weld County Property Owners. Name Address Date • r 4A.1/4.311- /= intlef 41r 1/4/r (4). r R /l. . 121 24f1-o.3 r . 1/-)9- 517 k, 7 J7-2*.e- 19g2-4, I. . f 871560 Name Address Date PP be, 44 Cee f- • IL 60 go? Gve i 8Y , bye .t ' y• 175f h/ II 4 Lt, . y, co 5747 rwcR /9 A .47/24P-N. C?� ?co.? Ivey It lit r (' O 7,70 z .l.wc ./6 3Q ✓. c `f N- d! 871560 - oervrces We, the undersigned Rut,al Weld County property owners/residents do not feel a special permit for a single family dwelling should be issued in Case Number USR-813-87 : 39 for the following reasons : 1 . We feel that the issuance of a spacial permit in this case would be at cross purpose with Weld County ' s Comprehensive Plan for Agricultural zoned property. 2 . The feasibility of 80 acres dryland in the Weld County agricultural zone is too small to be profitable for an individual owner. 3 . In the recent past the property owners in this area defeated a request to change the zoning which would have allowed a large chicken/egg operation to move into our area due to the negative effects on our quality of life. 4 . We also have reason to believe that the intent of this special permit is to build a dairy on this site and we will have to live with the conditions that a dairy creates which we feel are the following: A. Due to the site ' s location on a hilltop, it creates a serious environment hazard to the health and well-being of the adjoining property residents. We request that an environmental impact study be completed by the United States Environmental Protection Agency prior to consideration of this variance. B. Due to waste ponds and piling of manure, dairies create odor prob- lems for large areas with our prevailing winds. C. She comings and goings of trucks and dairy employees will greatly increase the use of our roads and cause maintenance problems in inclement weather. D. Dairies have a tendency to create noise problems due to the number of animals in a small confined area. E. Due to the available dryland around this site, this dairy could grow to be an eyesore for much of the area since it is on a hilltop. F. We currently have three dairies in our area and do not feel that we need another one. 5 . This Variance to the Weld County Comprehensive Plan will have a very definite negative effect on our quality of life as we have known it for the last 20-50 years . 6 . This Variance to the Weld County Comprehensive Plan could also have a very definite negative effect on the valuation of our properties that are within this area. 7 . In light of the above reasons, we feel that the Weld County Department of Planning Service should deny the special permit in case number USR-813-87 : 39 and follow the Weld County Comprehensive Plan of 160 acres dryland per building site. Thank you for your consideration is disapproving this special permit. Rural Weld County Property Owners. Name Address Date C, µ LOA-\_ (rSII IA1Cf(). qI- � � (yc L, CO. /I e,- 871550 ueps L e t ILnJng So vices We, ahe undersigned Run Weld County property own€ ./residents do not feel a special permit for a single family dwelling should be issued in Case Number USR-813-87: 39 for the following reasons : 1 . We feel that the issuance of a special permit in this case would be at cross purpose with Weld County ' s Comprehensive Plan for Agricultural zoned property. 2 . The feasibility of 80 acres dryland in the Weld County agricultural zone is too small to be profitable for an individual owner. 3 . In the recent past the property owners in this area defeated a request to change the zoning which would have allowed a large chicken/egg operation to move into our area due to the negative effects on our quality of life . 4 . We also have reason to believe that the intent of this special permit is to build a dairy on this site and we will have to live with the conditions that a dairy creates which we feel are the following: A. Due to the site ' s location on a hilltop, it creates a serious environment hazard to the health and well-being of the adjoining property residents. We request that an environmental impact study be completed by the United States Environmental Protection Agency prior to consideration of this variance. B. Due to waste ponds and piling of manure, dairies create odor prob- lems for large areas with our prevailing winds. C. The comings and goings of trucks and dairy employees will greatly increase the use of our roads and cause maintenance problems in inclement weather. D. Dairies have a tendency to create noise problems due to the number of animals in a small confined area. E. Due to the available dryland around this site, this dairy could grow to be an eyesore for much of the area since it is on a hilltop. F. We currently have three dairies in our area and do not feel that we need another one. 5 . This Variance to the Weld County Comprehensive Plan will have a very definite negative effect on our quality of life as we have known it for the last 20-50 years. -6 . This Variance to the Weld County Comprehensive Plan could also have a very definite negative effect on the valuation of our properties that are within this area. 7 . In light of the above reasons, we feel that the Weld County Department of Planning Service should deny the special permit in case number USR-813-87 : 39 and follow the Weld County Comprehensive Plan of 160 acres dryland per building site. Thank you for your consideration is disapproving this special permit. Rural Weld County Property Owners. Name Address Date Leh 7 e 2 x z.cih. /(• lJ Weld Ca, Planning Cnmmissio r,X1560 Name") Address Date a V4,", �ALA w /71 lvd /e 7e(76,/54,-Le- //—/� ft rh.rt,1, g7 7y' CocR /6 FT //- / G -r7 7ili;? ifyd, 4t/l. Fri )on (%o . 0/ -4 -n 7518 ter/ f /i -7p /6/ N0V 16 1987_r� Weld Co. Planning Commission 871560 Name Address Date Co- (741-AA' ��. ,b� .Pehl 9O-4174471I/v ` ,; CST- 1R1±1° ' 16 1987 Weld Co. Planniu2 Cornmissioi 871s USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted 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 a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NW1/4SE1/4 Section 27 T 2 N, R 76 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: SW' 5 E' Section 27 T 2 N, R 67 W Property Address (if available) W1/2SE14, Sec . 27 T2N ,R67W PRESENT ZONE Agriculture OVERLAY ZONES TOTAL ACREAGE 80 PROPOSED LAND USE Dairy Farm EXISTING LAND USE Dry Land Agriculture SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — — Name: Bud W. & Joyce M. Hunziker Address: 7037 Rd 1119 City Fort Lupton Zip 80621 Home Telephone # 833-2228 Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Michal S . Bearson Address: 10501 WCRD 251 City Fort Lupton Zip 80621 Home Telephone # 857-6468 Business Telephone # same List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Energy Minerals Corporation Address: 1616 Glenarm Place City Denver Zip 80202 Name: Kenneth Vonasek Address: City Fort Lupton Zip 80621 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature: Owner or Authorized Agent Subscribed and sworn to before me this 5-OP-day of S CTC 11 t.\ 19`c1 . IS NOT PUBLIC My commission expires VLks 1 871560 TO : Keith Shuetr - Planner Weld County Planning Commission Department of Planning Weld County , Colorado FROM : Michal S . Bearson REFERENCE : To meet and address the minimum requirements in the Use By Special Review, for the dwelling of domestic , labor and commercial dairy in the WISE- of Section 27 of T2N, R67W of 6th P .M. The following consists of the answers to the questions as outlined on _page 2 under , Application Requirements of the Use by Special Review Procedural Guide , as outlined in Section 24 . 7 of the Weld County Zoning Ordinance . 1 . A completed application form is provided and attached . 2 . The following details are explained in the order they are presented : They are : A . Proposed Use : To install two mobile homes on 80 acres of dryland . To construct a dairy operation which will house 300 milking cows which will remain within County requirements . The dairy operation will consist of a milking parlor , feeding yards , sewage lagoons , one mobile home for the owner and family and another mobile home for labor housing . All of the improvements will meet county and state requirements under construction codes and health standards . b . Need for Use : The need is based on the survival of the dairy operation that demands an up to date operation for the production of milk . The livestock milk production must meet State and County require- ments . The production of milk needs labor , and labor needs housing . Michal Bearson needs to provide resi- dence for himself and family , as well as employees . She livestock needs are for production , feeding and waste disposal in order for the operation to run efficiently . c . Uses Jr' Surrounding Properties : The uses are primarily dryland farming . There is also oil pro- duction from various oil wells , managed by Energy Minerals Inc . The property is totally surrounded by dryland farms . 1 871560 d . Distance to Residential Structures in Each Direction : The distance to present structure is 1 mile to the east , which is nearest and from the proposed area of use . The structure to the north , west and south will be from 1 to 1 mile in distance . e . Maximum number of users , patrons , members : The maximum number of patrons are three : Michal Bearson and two laborers , full time milk production . Michal Bearson being the only member , user and owner . f . Number of employees : Two : number of shifts and hours of operation will be ; three shifts and 24 hours . g . Type of Water Use : A well permit has been applied for through the State water engineer on October 4 , 1987 , for Laramie Fox Hills water well . Presently there exists Central Weld County water tap . h . Access routes : There is presently a road , right-of- way from County Rd . 21 to the proposed subject site , it runs along the north line of SE% of Section 27 from Weld Co . Rd . 21 . The road currently exists . i . Size , type weights of vehicular traffic : Milk trucks , with gross allowable weight of 40 , 000 lbs will be picking up milk . In addition there will be 18 wheelers bringing livestock feed , once every week . Small 1 to 3/4 ton pick up trucks will be used for miscellaneous operations manage- ment . j . Fire protection measures : The home will be located in the Fort Lupton Fire District , 31 miles from the residence . The other improvements will meet protective and preventative measures for fire , including cement block construction , brick and tile . There will be water outlets in the proper locations and modern extinguishers throughout the facilities . k. Sewage Facilities : There will be underground septic tanks that meet County codes and in addition there will be construction of lagoons for waste storage that meet State codes . 1 . Types and Maximum number of animals to be concentrated : Th-e type will be Holstein dairy cows and the number will -range between 250 and 300 animals , but not exceeding the county limit of 4 animals per acre . m. Type and Size of any waste , stockpile and storage area for waste : The home will have an I . S .D . S . The dairy will have a manure stockpile each day from the presence of live- stock. The local neighbor farmers have requested pick up of the manure , therefore the stockpile will be minimal . The storage area will be 125 yards from the facilities with access and one acre in size . 2 871560 o . Time schedule and method of removal of debris , junk and other wastes : All debris from domestic use is removed weekly from the premises . All debris from the operation of livestock are removed each spring and fall . T . Landscaping plans and erosion control measures : She landscaping will be provided and installed around the facili- ties such as grass and various trees to provide shelter and -esthetics . Erosion control will be provided by various berme to catch storm water and those areas on the slope below the facilities will be seeded to prevent erosion . There are lagoons and or ponds to catch the water for storage if needed . q . Reclamation procedures to be employed upon cessation of use are none , because the operator intends to continue business . r . Time table for construction and start-up : The period of time contemplated from beginning construction this fall to completion, next spring 1988 , approximately 6 months . 3 . The proposal for supporting documents , page three of the Use by Special Review. a . The proposal is consistent with the Weld County Comprehensive Plan and is within the guide lines of the plan , and is being presented as such , for the proposed use to become a reality . b . The proposal is consistentwith the intent of the district because the county has zoned the district agriculture use , livestock and milk production . The land , facilities , number of livestock, are well within the county requirements . c . Statement for location decision : Mr . Michal Bearson through his consultant , Clevenger Land Company , Denver , Colo . have searched for 5 months , researching the appropriate available site for subject of milk production . The site first had to be located in an area that would allow the oper- ation , second , it had to be on a south slope , dry land with proper grade and drainage , third , it had to have proper access from the major roadways , fourth , it had to have access to water and fifth , it had to have reasonable distance to the market . The land chosen is a poor class of soil and does not retard agriculture business , but will enhance it . The location also provides business for the local and ajoining land owners by purchase of feed requirements and then giving back the manure . 'The business will employ people and also add to the tax revenue . Much is credited to this operation , taking inferior dryland that has little productive capacity and enhancing its producti- vity by utilizing it as a dairy . 4 C? rtl d . Protection of health , safety and welfare of the neighbor- hood and county : The proposed use does not interfere in the health and safety of the neighborhood . This is a clean business , and will enhance the welfare of the neighborhood and county through the purchase of supplies , employment and taxation . -e . Uses permitted will be compatible with the surrounding lands because the subject will be improved . The other ad- joining lands are presently dryland with below average im- provements , with the exception of the property across the County road #16 that has a nice home on 80 acres . That property adjoins the subject property to the south . The property. to the east of the subject has a mobile home and shed . The property to the north and west is vacant land that is dry . All lands surrounding the subject are dry lands . f . Will use be compatible with the future as projected by the comprehensive plan . Yes , the subject will be very compatible due to the present and forseeable zoning . It will enhance the area from the esthetic and agriculture concept . No municipalities have or are contemplating any plan for this area . g . The subject is not located in a flood plain , geologic hazard , airport overlay or any other outside causes according to the Weld County records and comply to the fullest of Section 50 . h . Water supply will be available and provided by the Central Weld County Water District that has a line along the property southern boundary with tap available . A well permit has been applied for in the State of Colorado . The State has no problem permitting subject to receive a well from the Fox Hills formation that will provide 15gpm. The quantity is more than enough and quality is excellent . Both water sources CWCW. and State will be more than ade- quate for proposed use . i . A copy of the receipt and option to purchase contract is attached as Exhibit A. j . A noise report? There will be no noise from the dairy and the Department of Planning Services will waive and find a report as unnecessary . k . Soils Information is attached as Exhibit 8 . and there are no limitations on the present soil be it moderate or severe . 1 . Certified List of the Names of property owners within 500 feet is provided by Exhibit C . The source is from the Weld County Assessor and is certified as being true and within 30 days . 5 &71260 in. Mineral owners are provided and the lessee ' s of mineral owners on and under the parcel of subject is provided in Exhibit D . 4 . Permit Plan Map : See Exhibit E . • 87 560 r The printed portions of this form aPPreved by the Colorado Real E Commission(SC 21.2-811 Ns IS A LEGAL INSTRUMENT.If NOT UNOERST00D,LEGAL,TAX OR OTHER COUNSEL SHOULD DE CONSULTED WORE SIGNING. • FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages) September 24 , 19 87 I. The undersigned agent hereby acknowledges having received from MICHAL S. BEARS0N the sum of$5y 000 00 ,in the form of a check ,tobe held by _ Clevenger Land Company broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real estate in the County of_Weld_ ,Colorado,to wit: WIISEo Section 27, Township 2 North, Range 67 West of the 6th P.M. , also known as The Hunziker Farm together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted,and hereinafter called the Property. 2. Subject to the provisions of paragraph 19,the undersigned persona) HAL_5S BEA RION Pur- chaser,hereby agrees to buy the Property,and the undersigned in-comment hereinafter called Pur- p- y, lersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S.$ 80,000.00 __ ,payable as follows:$ 5 e 000_00 hereby receipted for: additional payable as set forth in the Rider attached hereto and incorporated herein by reference 4. Price to include the following personal property: None to be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes, liens and encumbrances,except: None and except any personal property liens in any encumbrance specified in paragraph 12. The following fixtures of a permanent nature are excluded from this sale: lone 5. Price to include the following water rights: None • apply for such loan,(b)execute all documents and furnish all information and documents required ty td�hge er, and (c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or be 19_,or if so approved but is not available at time of closing,this contract shall things of value received hereunder shall be returned to Purchaser. and void and all payments and 7. If a note and trust deed or mortgage is to be a , Purchaser agrees to apply for a loan assumption if required and agrees to pay(1)a loan trunsfe ' o to exceed$_ and(2)an interest rate not to exceed % nnum. If the loan to be assumed has provisions for a shared equity or variable interest rates or var. ayments, this contract is conditioned upon Purchaser reviewing and consenting to such provision e lender's consent to a loan assumption is required, this contract is conditioned upon obtaining such No.SC 24-241.C aaaaaa I to Bey and Sell Real Emelt(Farm Ranch)—Bradford Publishing Co. a>•" al.. 5826 W.6th.Ave.,Lakewood,Colorado 80211— Y ..iL.' P32-8900 it 8. If a note is to be made payable to Seller as-partial or full payment of the purchase price,this contract shall not H be assignable by Purchaser without written consent of Seller. 9. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by None • I� 10. Ar►abs4wwteLtitlotothsksup rty.,cwtifi.edladate,.w current commitment for title insurance policy in an !I amount equal to the purchase price, at Seller's upsLan.awLexpense, shall be furnished to Purchaser on or before 'I _October l_3_._ , 19 87IFIfeIk rieYtA{YfIMV .h.o.aNt.t/t4 .my aL:4K YlYN% LLLLaIeei Se Ile rwill deliver the title insurance policy to Purchaser after closing and.pay the premium thereon. 11. The date of closing shall he the date for delivery of Iced as provided in liar:wet ' 12. The hour and place of closing shall be as designated by - _mutual.agreement._by._the-parties.. - - . . 12. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 13 and 14. Subject I to payment or tender as above provided and eompliau4 by Purchaser with the °tiler terms and provisions hereof, Seller shall execute and deliver a good and sufficient _ _. _ warranty deed to Purchaser on Jovembpr 16 , 19_ 81,or,by mutual agreement, at an earlier date,conveying the Property free and -clear of all taxes,except the general taxes for the year of closing,and except _ Nnne free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not;free and clear of all liens and encumbrances except none and subject to building and zoning regulations, recorded easements, restrictions, reservations, restrictive covenants, rights-of-way and any other instruments of record, if any, and any encroachments on or about any property line. However, Purchaser shall have seven (7) calendar days from date of receipt of title commitment (or any endorse e x+•YptdJwtullYa iap.cuctriut is+e<treenenatevelriele the net-renh,itra rittl+leftirve t.en ments issued thereto which add any exceptions to title) in which to object, in writing, to any exceptions contained in the title commitment. In the event that such notice is timely given, then this Contract shall be null and void, (subject to the.xa' .,�pr1'ovisions in Paragraph 13) , all payments made hereunder shall be return- a imi-sYrwt..Y tulloawap.apeYtt W scanted-andoo.rJi}g1 awoa L Ya`H'awaL.a ed to Purchaser and all parties thereafter relieved from any further obligations hereunder. If such timely notice is not received, then the title commitment shall be deemed to be accepted. *within seven (7) calendar days from the date of receipt of title commitment (or any endorsements issued thereto which add any exceptions to title) a cal.aubjeetwbuiklinglnnd-e.xaiew-regelattYwo. 13. Except as stated in paragraphs 12 and 14.if title is nokmerchantable and written notice of defectts)is given by Purchaser or Purchaser's agent to Seller or fieller's agent/erter ite{ere-dtweaFel.rning, Seller shall use reasonable effort to correct said defectts) prior to date of closing. If Seller is unable to correct said defer list on or before date of Vii! closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing shall be extended thirty days for the purpose of correcting said defeclls). Except as stated in paragraph 14,if title is nut rendered merchantable as provided in this paragraph 13,at Purchaser's option. this contract shall he void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party. if the total indebtedness secured by liens on the Property exceeds the purchase price,tins rontrart shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. I6 General taxes for the year of closing, based on the must recent levy and the most recent assessment. prepaid rents,water rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances,if any,and none other shall be apportioned to date of delivery of deed. Purchaser shall be responsible for any sales and use tax that may accrue because of this transaction. 16. With respect to the growing crops Seller and Purchaser agree as follows: Any and all crops growing on the Property shall become the property of Purchaser at time of closing. • 17. Possession of the Property shall he delivered to Purchaser on date of closing • subject to the following leases or tenancies: None • If Seller fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be liable for a daily rental of;__500.QQ _until possession is delivered. 18. The risk of loss from any damage to the improvements by fire or other • shall be on Seller; casualty prior o the ts h closing provided, however, that if Seller shall maintain insurance on said improvements which will it compensate for the full replacement value thereof, and if Purchaser elecialo carry out this contract despite such _damage,Purchaser shall be entitled to all such insurance proceeds.The risk of loss for any damage to growing crops, by fire or other casualty,shall be borne by the party entitled to said crops as provided in paragraph 16,and such party shall be entitled to the insurance proceeds,if any. • 9,15W) 19. Time is of the essence hereof.If any note or check received as earnest money-hereunder or any other payment due hereunder is notpaid,honored or tendered when-due, or if any other obligation hereunder is not performed as ! -herein provided,there shall be the following remedies: (-a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be i forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case all payments and things of value received hereunder.shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both. • (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. 20. Purchaser and Seller agree that,in the event of any controversy regarding the earnest money held by broker, unless mutual written instruction is received by broker,broker shall not be required to take any action but may await any proceeding,or at broker's option and discretion,may interplead any moneys or things of value into court and may ' recover court costs and reasonable attorneys'fees. 21. Additional provisions: SEE RIDER ATTACHED HERETO AND HEREBY MADE A PART HEREOF BY REFERENCE FOR ADDITIONAL PROVISIONS. 'f y6,G, 22. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before ' September -�3O , 19_82,this instrument shall become a contract between Seller and Purchaser and shall C � inure to the benefit of the heirs,successors and assigns of such parties,except as stated in paragraph 8. (.44 i 4 ia.Qldtrie‘- � y ', Broker CLEVENGER LAND COMPANY Michal S. Bearson / • 1'urrh"avr BytlliLlJ � l YLK�_•j��t___ " James M. Clevenger Purchaser's Address 15n1 Weld Cnunty_Rd_ 251,. Fort Linton. CO 80621 t (The following section to be completed by Seller and Listing Agent) 23. Seller accepts the above proposal this— day of SPptemher , 1911,and agrees , to pay a commission of___j--__ _ %of the purchase price for services in this transaction,and agrees that,in the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission,and the balance to Seller. ••�a^/ seller - ---. ft' U unz car Seller ce „unzl ke Seller's Address _ I Clevenger Land Company, 111 Livestock Exchange Building Listing Broker's Name and Address--Mar-i-on-(Areet, Denver, Colorarfo 80216 n on.nr� C) ff ..(i.aAJil • RIDER To that certain Contract dated September 24, 1987, by and between MICHAL S. IEARSON, Purchaser, and BUD W. HUNZIKER and JOYCE M. HUNZIKER, Sellers, concerning property known ' -as The Hunziker F-arm, Weld County, Colorado. If any pro- vision in the printed form -of said Contract is inconsis- tent with any provision contained herein, then and in that event the provision contained in this -Rider shall control . 21. ADDITIONAL PROVISIONS: (a) Purchaser shall , on the date of closing, execute and deliver a Note, in favor of Seller, secured by a First Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement on per- sonal property, if any, on the Property, in the amount of $64,000.00 ir calculated over a twenty-five (25) year period with payments of 77) i, 78i. )� $10,193.28 or more per year, including principal and interest at the I,J rate of nine and one-half percent (91/2%) per annum on the unpaid princi- pal balance. The first payment due under the Note shall commence one year from the date of the Note's execution, with the entire unpaid principal balance plus accrued interest being due and payable ten (10) years from the date of the Note's execution. The Note and Deed of Trust shall be assumable. At the time of closing, Purchaser shall provide and pay for a mortgagee's title insurance policy in an amount equal to the Note. The Note shall contain language permitting Purchaser to prepay the Note in full or in part at any time without penalty or premium. Any prepayment of principal shall be credited against the last maturing principal installment or installments due under the Note. (b) In addition to the earnest money deposit herein receipted for (which shall be applied against the purchase price) , Purchaser shall pay an additional $11 ,000.00 in U.S. dollars, in cash or by certified or cashier's check at the"time of closing. (c) The closing of this Contract is subject to and expressly contingent upon Purchaser's ability to obtain the following items: ( i ) a permit from Weld County to construct and operate a dairy farm on the Property with a capacity of no less than 300 head; and (ii ) a well permit from the appropriate authorities allowing Pur- chaser to drill a well of sufficient capacity to service the contemplated dairy farm. If Purchaser is unable to obtain one or both of the permits described above, and written notice thereof is received by Clevenger Land Company by November 13, 1987, then this Contract shall be deemed to be null and void, the earnest money deposit returned to Purchaser and the parties hereto relieved of any further obligation hereunder. If said written notice is not received by Clevenger Land Company on or before the date specified above, then this Contract shall remain in full force and effect and the contingency as set forth in this paragraph shall be deemed to be waived. (d) It is understood by the parties hereto that John C. Mitchell , III , P.C. , is performing certain legal services for the broker involved in this transaction, and that said broker will be responsible for any and all legal fees due and payable to John C. Mitchell , III , P.C. It is recommended that all other parties to this transaction obtain their own counsel to represent them in connection with all aspects of this matter, including, but not limited to, the execution of this and other pertinent documents, examination of title, zoning, tax impli- cations of the sale or purchase, and all other matters relating to the transaction contemplated herein. (e) Purchaser acknowledges that Clevenger Land Company and its employees and agents are acting for and as agents solely of Sellers and not Purchaser. Purchaser acknowledges prior timely verbal disclosure of said agency relationship. 27: 730Page 1 of 2 of Rider 910ith4171ij (f) At the time of closing, Sellers shall deed to Purchaser a non-exclusive ) easement for ingress and egress to and from the northeast corner of ,.n54!' the Property to be conveyed hereunder, along the existing roadway (approximately 20 feet in width) that runs approximately over and �/3�/"7 along the north line of SE; Section 27, Township 2 North, -Range 67 West of the 6th P.M. , Weld County, Colorado, to Weld County Road No. 9. ° l (g) This Contract is subject to and expressly contingent upon Sellers ri 56 being able to release the lien against the Property in the form of "ivy/. A presently existing Deed of Trust dated October 24, 1986, in favor 'of the Federal Land Bank, in the approximate unpaid principal balance of $63,672.21 , on or before the date of closing. In the event Sellers are unable to release the lien from the Property by the date of closing, then this Contract shall be declared null and void, the earnest money -deposit shall be returned to Purchaser, and all parties shall be released from further obligation hereunder. Page 2 of 2 of Rider r , " 4: �'�- rSOIL SURVEY -the limited capacity of this soil to support a load. Capa- Management of vegetation on this soil should be I bility class I irrigated. on king half and leaving half of the total annual r 82—Wile - coin lex I to 3 rcent slo es. This t on.aSeeding is desirable if the range is in poor and neazy eve] map unit is on smooth plains in the western Sideoats grama, little bluestem, western wheat part of the survey area at elevations of 4,850 to 5,000 feet. The Wiley soil makes up about 60 percent of the suitable for seeding. Thes grass, d mee unit, and the Colby soil about 30 percent. About 10grama, pubescent wheatgrass, and crested wheatgras cent is Heldt silty clay per- seasonal requirements of 1estockeItecanhbe]seeded Y and Weld loam. a clean, firm sorghum stubble or it can be drilled ii The Wiley soil is deep and well drained. It formed in firm calcareous eolian deposits. Typically the surface layer is proven mostsuccessful. pale brown silt loam about 11 inches thick. The subsoil is prepared seedbed. Seeding early in spring pale brown silty clay loam about 23 inches thick The sub- wesuited to thesesoi and lsoCult Cultivation ontrolecomp€ stratum to a depth of 60 inches is very gene clay loam. pale brown silty vegetation should be continued for as many Permeability is moderately slow. Available water have possible following planting. Trees that are best suited good survival are Rocky Mountain juniper, eas capacity is high. The effective rooting depth is 60 inches redcedar, ponderosa or more. Surface runoff is medium, and the erosion hackberry. Siberian elm, Russian olive, -hazard is moderate, try. The shrubs best suited are skunkbush sum The Colby soil also is deep lilac, Siberian p dli fe, b, and American plum. in calcareous eolian deposits. d well drained and formed Openland wildlife, such as pheasant, mourning di Typically the surface layer and cottontail are best suited to these soils. Wild is pale brown loam about 7 inches thick The underlying habitat development, including tree and shrub planti material is very pale brown silt loam to a depth of 60 and grass plantings to serve as nesting areas, should inches. ng most years. Under Permeability is moderate. Available water capacity is successful without irrigation high. The effective rooting P Y rigation, good wildlife habitatcan be stabli established, bene Surface runoff is depth is 60 inches or more. ing many kinds of openland wildlife. moderate. medium, and the erosion hazard is The Wiley soil has only fair potential for urban This map unit is used for irrigated recreational development. Slow cropland and for rangeland, it igae habitat,nonirrigated urban gated shrink-swell potential, and limited bearing icap modem e Co developmentproblems in dwelling t capacity ca. In irrigated areas these soils are suited to all crops soil has good potential for and urban and recreationalconstom hde el� commonly grown in the area, including corn, sugar beet meat. Road design can soil modified to compensate o . for t beans, alfalfa, small g limited capacity of this to support suitable fcropping grate and onions. An example of aP Y a loco. Capabil y system is 3 to 4 p subclass ge Ile irrigated, IVe nonirrigated; Loamy Plai lowed by corn, corn for silage, sugar years of alfalfa fol- range site. beans. Land leveling, ditch lien beets, small grain, or 83—Wiley-Colby complex, 3 to 5 may be needed for proper lining, , and installing pipelines percent ons slopes. ,Tr 2 gently sloping map unit is on plains at elevations of 4nt All methods of irrigation are suitable, but furrow ir- to 5,000 feet. The Wiley soil makes up about 60 percent rigation is the most common Barnyard the unit, and the Colby soil about 30 percent. About mercial fertilizer are needed for manure and corn- percent is Heldt silty clay and Weld loam. mercial areas these soils p yazedauited to winter s. The Wiley soil is deep and well drained. It formed In a calcareous eolian deposits. Typically the surface layer wheat, barley, and sorghum. Most of the acresis pale brown silt loam about 11 inches thick. The subsoil planted to winter wheat. The predicted averse yiel g 28 bushels per acre. The-soil is summer followed in dal-is pale brown silty clay loam about 23 inches thick. The sul ternate years to allow moisture accumulation. General] stratum to a depth of 60 inches is ve precipitation is too low for beneficial use of fertilizer. Y clay loam. rY pale brown silt Permeability is moderately slow. Available ware Stubble mulch farming, striperopping, capacity is high. The effective rooting depth is 60 inchE lage are needed to control soil blowing and water erosion. or more. Surface runoff is medium to rapid, and the en Terracing also may be needed to control water erosion. sion hazard is moderate. The potential native vegetation is dominated by blue The Colby soil also is deep and well drained and forme grama. Several mid grasses such as western wheatgrass in calcareous eolian deposits. Typically and needleandthread are also present. Potential produc- is tion ranges from 1,600 pounds per acre in favorable years the surface ]aye pale brown loam about 7 inches thick. The depth of underlyin 1,000 pounds in unfavorable years. As range condition inches.material is very pale brown silt loam to a of 6 deteriorates, the mid grasses decrease; blue grama, buf- Permeability is moderate. Available water capacity i falograss, snakeweed, yucca and fringed sage increase; high. The effective rooting depth is 60 inches or more and forage production drops. Undesirable weeds and an- Surface runoff is medium to rapid, and the erosion hazan nuals invade the site as range condition becomes poorer. is moderate. 871.5030 _.-- - WELD ..AUNTY, COLORADO, SOUTHERN PART 37 Lawns, shrubs, and trees grow well. Capability subclass may be needed at the time of planting and during dry lb irrigated. periods. Trees that are best suited and have good survival 55—Paoli loam, 1 to 3 percent slopes. This is a deep, are Rocky Mountain juniper, eastern redcedar, ponderosa well drained soil on terraces at elevations of 4,700 to 5,250 pine, Siberian elm, Russian-olive, and hackberry. The feet. It formed in alluvial deposits. Included in mapping shrubs best suited are skunkbush sumac, lilac, and Siberi- are small areas of soils that have a loamy sand surface an peashrub. layer. Wildlife is an important secondary Typically the surface layer is grayish brown loam about cropland areas a use of this soil. The d 22 inches thick. The underlying material to a depth of 60 pheasant and mourning doveaMan habitat for ring-necked inches is light brownish gray fine sandy loam. Y game species can be attracted by establishing areas for nesting and escape Permeability is moderate. Available water capacity is cover. For pheasants, undisturbed nesting cover is essen- high. The effective rooting depth is 60 inches or more. tial and should be included in plans for habitat develop- Surface runoff is slow, and the erosion hazard is low. ment, especially in areas of intensive agriculture.This soil is used almost entirely for irrigated crops. It This soil has 'good potential for urban and recreational is suited to all crops commonly grown in the area, includ- development. The primary limiting feature is the rapid ing corn, sugar beets, beans, alfalfa, small grain potatoes, permeability in the substratum, which causes a hazard of and onions. An example of a suitable cropping system is 3 ground water contamination from sewage lagoons. Road to 4 years of alfalfa followed by corn, corn for silage, designs should be modified to compensate for the sugar beets, small grain, or beans. Land leveling, ditch moderate frost potential. Lawns, shrubs, and trees grow lining, and installing pipelines may be needed for proper well. Capability subclass Ile irrigated, IIIe nonirrigated; water application. Overflow range site. All methods of irrigation are suitable, but furrow ir- 56—Renohill clay loam, 0 to 3 percent slopes. This is rigation is the most common. Barnyard manure and com- a moderately deep, well drained soil on plains at eleva- mercial fertilizer are needed for top yields. tions of 4,850 to 5,200 feet. It formed in residuum from This soil is well suited to winter wheat, barley, and shale. Included in mapping are small areas of soils that sorghum if it is summer fallowed in alternate years. have shale deeper than 40 inches. Winter wheat is the principal crop. The predicted average Typically the surface layer is grayishloam yield is 33 bushels per acre. If the crop is winterkilled, about 9 inches thick. The subsoil is grayish brown and spring wheat can be seeded. Generally precipitation is too pale brown clay loam about 14 inches thick. The sub- low for beneficial use of fertilizer. stratum is pale brown clay loam. Shale is at a depth of Stubble mulch farming, striperopping, and minimum til- about 32 inches. age are needed to control soil blowing and water erosion. Permeability is slow. Available water capacity is Terracing also may be needed to control water erosion. moderate. The effective rooting depth is 20 to 40 inches. The potential native vegetation is dominated by Surface runoff is medium, and the erosion hazard is western wheatgrass. Blue grama, switchgrass, sand. moderate. 'eedgrass, big bluestem, slender wheatgrass, indiangrass, This soil is suited to most of the irrigated crops com- md green needlegrass are also present. Potential produc- monly grown in the area, but the high clay content and ion ranges from 3,000 pounds per acre in favorable years moderate depth of the soil slightly restrict some crops. A 0 2,000 pounds in unfavorable years. As range condition suitable cropping system is corn, corn for silage, barley, 3 leteriorates, the tall grasses decrease, blue grama and to 4 years of alfalfa, and wheat. This soil is also well ,uffalograss increase, and forage production drops. Un- suited to irrigated pasture. esirable weeds and annuals invade and erosion can occur Furrows can be used in irrigating row crops. Flooding s range condition becomes poorer. from contour ditches is suitable for close grown crops and Management of vegetation on this soil should be based pasture. Production can be maintained by applying bar- n taking half and leaving half of the total annual produc- nyard manure and commercial fertilizer. Keeping tillage Vion. Seeding is desirable if the range is in poor condition. to a minimum and utilizing crop residue are important. estern s wheatgrass, switchgrass, sand reedgrass, In nonirrigated areas this soil is suited to winter wheat, heat grama, pubescent wheatgrass, intermediate barley, and sorghum. Most of the acreage is planted to grass, and blue grama are suitable for seeding. The winter wheat. The predicted average yield is 25 bushels rass selected should meet the seasonal requirements of per acre. The soil is summer fallowed in alternate years vestock. It can be seeded into a firm, prepared seedbed. to allow moisture accumulation. Generally precipitation is grass drill should be used. Seeding early in spring has too low for beneficial use of fertilizer. roven most successful. Stubble mulch farming, striperopping, Windbreaks and environmental plantings are generally lage are needed to cont til- of soil blowing and water erosion. died to this soil. Soil blowing, the principal hazard in The potential native vegetation is dominated by itablishing trees and shrubs, can be controlled by cul- western wheatgrass and blue grama. Buffalograss is also eating only in the tree row and by leaving a strip of present. Potential production ranges from 1,000 pounds tetatlon between the rows. Supplemental irrigation per acre in favorable years to 600 pounds in unfavorable 871560 66 SOIL SURVEY years. As range condition deteriorates, a blue grama-buf Closely paced contour ditches can be used in irrgatin falograss sod forms. Undesirable weeds and annuals in- close to vade the site as range condition becomes poorer. row grown crops.a Contour furrows sould be d used Management of vegetation on this soil should be based cial fertilizer crops. helpttonma maintain good d manure r and c Keeping on taking half and leaving half of the total annual produc- tillage to a minimum and utilizing crop residue are impor Range pitting can reduce runoff. Seeding is desirable tant. production. Keeping if the range is in poor condition. Western wheat blue grams, sideoats grams, buffalograssVass, The potential native vegetation m . is dominated whwheatgrass, and crested wheat � pubescent western wheatgrass and blue by The grass are suitable for seed- present. Potential production ranges Bfrom11000s is pounds grass selected should meet the seasonal require- per acre in favorable years to 600 pounds in unfavorable ments of livestock. It can be seeded into a clean, firm years. As range condition deteriorates, a blue sorghum stubble, or it can be drilled into a firm prepared falograss sod forms. Undesirable weeds and annuals in. seedbed. Seeding early springin grams-buf- feL has proven most success- vade the site as range condition becomes poorer. Windbreak and environmental plantings are generally Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- not suited to this soil. Onsite investigation is needed to tion. Range pitting can reduce runoff. Seeding is desirable determine if plantings are feasible. Supplemental water is if the range is in poor condition. Western wheat needed for successful plantings. Wildlife o is ancc important second blue grams, sideoats grams, buffalograss, grass, cropland areas provide favorable habitat for ring-necked soiL The necked or seed- ngeTans and crested wheat pubescent g grass selected should m et the seasonal e frequire- pheasant and mourning dove. Many nongame species can ments of livestock. It can be seeded into a clean, firm be attracted by establishing areas for nesting and escape sorghum stubble, or it can be drilled into a firm prepared cover. For pheasant, undisturbed nesting is essential and seedbed. Seeding early in spring has proven most success- should be included in plans for habitat development, espe- cially in areas of intensive agriculture. fug. for example, the pronghorn telop ca be e attracted byldlife, Windbreaks and environmental plantings are generally developing not suited to this soil Onsite investigation is needed to P- g livestock watering facilities, managing determine if plantings are feasible. Supplemental water is livestock grazing, and reseeding where needed. needed for successful plantings. Wildlife is an important second use of this soil- This soil has poor potential for urban uses and only moderate potential for recreational development. The cropland areas provide favorable habitat for ring-necked secondary The Pheasant and mourning dove. Many nongame species can chief limiting features are the underlying shale, the low strength, and the moderate to high shrink swell. These be attracted by establishing areas for nesting and escape features present severe problems in dwelling and road cover. For pheasants, undisturbed nesting cover is velop construction and in use of septic tank absorption fieldsessen- and sewage lagoons. Capability subclass IIIs irrigated, teal and should be included in plans for habitat develop- construction sewage d; Clayey Plains range site. ment, especially in example, of intensive agriculture. Range- and clay loam, 3 to 9 percent slopes. This is land wildlife, for eel p�leg thvestockh watering pfacilities, a 57—fletel 11 c , attracted by developing moderately p well drained soil on upland hills and managing livestock ridges at elevations of 4,850 to 5,200 feet It formed inThis soil grazing, and reseeding where needed. and recreational development., The chief limitstrength, f r potential for ew are the uo high residuum from shale.ion Included in mapping are small areasin of soils that have shale deeper than 40 inches. ing shale, the low strength, and the moderate tproblems high Typically the surface layer is grayish brown clay loam shrink swell These features present severe about 9 inches thick. The subsoil isbrown dwelling and road construction and in use of septic tank pale is clay loam about 12 inches th ckThe sub- absorption fields and sewage lagoons. Capability subclass brown pale brown clay loam. Shale is at a depth of. VIeWe irrigated, nonirrigated; Clayey Plains range site. stratum inches. 58—Shingle loam, 1 to 3 percent slopes. This is a shal- about Permeability is slow. Available water capacity is low, well drained soil on plains at elevations of 4,850 to moderate. The effective rooting depth is 20 to 40 inches. 5,200 feet. It ?treed in residuum from shale. Included in and the erosion hazard is moderate. mapping are some small areas of shale and sandstone out- Surface runoff is medium to rapid, -� crops. This is suited to cropping. Typically the surface layer is soilis tolimitedoo erosion. Intensive 6 inches thick. The underlying magrteria brown loam about cropping hazardous eb because such closecropping brown clay loam. Shale is at a depth of about g18 inches yellowish s system should and e barley. The soil also is crops as al- water to ir- lacew. Th ability is moderate.is effective m, arootind deptAvailable sob 0 a 20rd inches..ity Sure righted pasture. A suitable cropping system is 3 to 4 face runoff is medium, and the erosion hazard is low. years of alfalfa followed by 2 years of corn and small This soil is suited only to limited cropping. grain and alfalfa seeded with a nurse crop. cropping system is 3 to 4 years of alfalfa and 2 suitable years of 871560 1560 pounds in per ac-- in favorable years to 500 product. ranges from 1,750 pounds • unfavorable ye, As range condition deteri- ble years to 950 orates, the mid grasses decrease and forage per acre in fa drops. Undesirable g weedsg production condition deteriorates,thelsid sideoats gran years. As r range condition becomes and annuals invade the site as and sand reed grams little blues Management of covegetationsporer the Shingle soil should be grass rage production yucca, sedge, and based on mengrama increase; and fment of orage drops.taking half and leaving half of the total annual half or lessof the total annual production.on should be Deferredtg production. Seeding is desirable if the range is in poor ing is practical in improving range condition. Seeding condition. Western wheatgrass, blue grams, alkali sacaton, mechanical treatment are impractical. sideoats grams, little bluestem, pubescent wheat gener and crested wheat grass are suitable for seeding. not suited u to s is environmental plantings are grass selected should meet the seasonal re g• The u this soil.are fear investigation is needec livestock. It can be seeded into a clean,requirements of determine if plantings feasible. stubble, or it can be drilled into a firm prepared seedbed. especially during drought, when annual production can urn sorghum Production of vegetation on this treeless soil is I Seeding early in spring has proven most successful. as low as 300 pounds per acre. Rangeland wildlife, such The potential native vegetation on the Renohill soil is antelope and scaled quail, can be attracted by manag Buf livestock grazing, installing livestock watering facilit, dominated by western wheatgrass and blue grama falograss is also presented. Potential production ranges and reseeding where needed. from 1,000 pounds per acre in favorable years to 600 This soil has poor potential for urban development. 7 pounds in unfavorable years. As range condition deteri- chief limiting feature is the shallow depth to 7 orates, a blue mama-buffalo the s sod forms. Undesirable Capability subclass VIe irrigated, VIe nonirrigated; Sar weeds and annuals invade the site as range condition stone Breaks range site. pes. TI beco 62—Terry fine mes 1VIana ement of vegetation on the Renohill soil should poorer. is a moderately deep,sandy ell drained o on plains oat ele be based on taking half and leaving half of the total tions of 4,500 to 5,000 feet. It formed in residuum frc nual production. Range pitting can reduce off. Seeding an- sandstone. Included in mapping are small areas of so is desirable if the range is in poor condition. Western wheatgrass, blue that have sandstone deeper than 40 inches. Also include wheatgrass, wheatgrass, sideoats grams buffalograss, pu- are small areas of soils that have a subsoil of sandy cl; forbescentmss' and crested wheatgrass are suitable loam and clay loam. seeding. The grass selected should meet the seasonal fine the surface layer of this Terry requirements of livestock It can be seeded into a clean, brown fine sandy loam about 6 inches thick. The subsoil firm sorghum stubble, or it e soil is pa prepared seedbed. Seeding early be drilled into a fun pale brown fine sandy loam about 21 inches thick. Th most successful. in spring has proven substratum is very pale brown fine sandy loam. Sank Rangeland stone is at a depth of about 37 inches. wildlife, such as antelope, cottontail, and y is moderately rapid. Available wate coyote, are best suited to this Permeability unit Because forage capacity is moderate. The effective rooting depth is 20 t production is typically low,grazing management is needed 40 inches. Surface runoff is slow, and the erosion hazar if livestock and wildlife share the range. Livestock water- s corn ing facilities also are utilized by is low. subclass VIe irrigated,various wildlife species. This soil is suited to most of the Capability a soil i Subcl Plains rang , Renohill soil ated; Shin- monl grown in the ercr. The msemesd depth ted er Plains range site. Clayey some crops. , suitabletyears of fialf system n is wheat.ea con for 61—Tassel fine sandy loam, 5 to 20 silage, barley, 3 to 4 alfalfa, and This sot: This is a shallow, percent slopes. is also well suited to irrigated pasture. well drained soil on upland breaks at Furrows or sprinklers m can i used in elevations of 4,850 to 5,200 feet. It formed in residuum crops. Flooding from contour ditches and sprinkling. are from sandstone. in mapping eirrigating row from s sandstone ton . Included u areas of appcat.eo�ysoils.areas of suitable eadsof in irrigating tr a short grown uce and pasture. Small heads ti water and short runs by frequent the risk at erosion. Typically the surface layer of this Tassel soil is light by applications Typ brown fine sandy loam about 7 inches thick. The Production cnn be armanyard m a and iferal- yellowish and edorl n Kep of barnyard a manure and commercial d op Yi g material is light yellowish brown very residue Keeping tillage to a minimum and utilizing sandy loam. Sandstone is at a depth of about 11 inches. ne Permeability are important Ong crop capacity is low. The effective rooting ded. pth lib le0 to 20 l nonirrigated are this of is suited to winter wh at, barley, and sorghum. Most oa the acreage is planted to inches. Surface runoff is medium, and the erosion hazard winter wheat.re The predicted average yield is 25 bushels is moderate. per acre. The soil is summer followed in alternate The potential native vegetation is dominated by to allow moisture accumulation.fertilizer. Generally sideoatsyears sad a grams, little bluestem, blue too low for beneficial use of fertilizer. precipitation is g , sand reedgrass, and needleandt re d,tPot Potential lagereadleaf tarelneeded to control soil blowing and water erosion. e mulch farming, strip cropping, and minimum til- / 871560 az � 8 • creek ti T' .Zs" r— f a f ` 1 f �t a2 t.� / , r�it - arm ,4 • r „.b. ., a3' ++ - -, 111 ' --. 42 t " .tf 3 f }24 "' a '' tt rk— ^k1 72 l ., r,r ✓a 4x4 ., r -1:vit.:1..--;1„: tea.''.. .. # : a „r%. Wallenberg ri Eli {$ gY. Y R •.� Y'Y• Ym" •smiiijec ye, •a x ga m e e aC 1 Yit ' o- � .M4} was '' {1 �'N , rl 1.- ./.1/2. .,..1/2 .1/2„ t 1.pr • . ., ♦. ' ��y,Y gimpy t•iF L.a,-- , $�� }.y S �t 1 S , a .. ' S . Y \H� a0 LR1 �q. a'!.t , It: .,:40°A0' st =1 i' :' a a :II ♦y:. X `r.7- r { rye { R 104°52'30" 1 >/ ~ This map is compiled on 1974 aerial ' '- r----'photography by the U.S. Department 5 000 4 000. 3 0( of Agriculture,Soil Conservation Service and cooperating agencies. 871.S c NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION if aiia.7esibeeft 1 . Energy Mineral Corp . 1616 Glenarm Place , Denver , CO . ener , CO . 8O202 2 . Bud W. & Joyce Hunz iker - 7037 G/aj. !9 . /3J/a.7ence ll A'so7osi re, 2.4x1 3 . Norman W. Yurk fl02 Lock,/ 14, At J3M /3//3yma0oJ3 # 4 . Dale E . & Anita A. Erickson - 6S11- 41Crd21 = 1311340049 !1 7x:A"/r.4 Co. 90421 ?roc. 5 . Thomas E . & Doris L . Spurling # /3i,3Veoo° a 7832 pret TR+:C C1 . Page ^4-t Cad•. 80134, n 04,400 - Wei. '-74 777'.14,%.../ Co Sr+Lsl /3//27aonple 7 • ) ad.V 3 a c.P..7.vsiSkv - 7(.v I -G.ciPd2i,7'"r:1'r/1s.0 It 9eGti /3J/2Theta 3S' 871560 7 `:chile Home ?eticlon Co roc sic, this petition unless you are an "owner" of real property within i'CC Lee: cf the property en which the robile home is proposed to be located on. An owner is a person holding fee title to real property. You are an. "owner" if -ru hold a contract to purchase real property which obliRaces you co ?ay genernl taxes on that property. In that instance, the seller may not slot: this petition. — tee, the undersitoed owners of property within 5G0 feet cf the propercv that the cobiie home is proposed to be located on, do not ob]'ect to the issuance of a zoning -ern[ for a :chile bore co be used as a 1"'12relo:�,pL Do not sign Mr. and Mrs. - sign individually. Do not sign this unless you have read all of the text. Signature Hailing Address • Telephone Date of Number Signing • �/- fs.144 7a•"oaf 2‘. Z eris es7-no, ../q/gJ 7.687get tA ., Rs,»> / p a ways \ U)C( at Fricl /n G 7 i1. t 7iy .(L7) Z-17 ( 0 z,. �.,. >,(. �..� ._ lci� Ci.., •,. f. c.. f Ic., Cif-7 -/ f /7�h• filet: STATE OF COLORADO ) ss. AFFIDAVIT CF CIRCULATOR COUNTY OF VELD I, being first duly sworn, depose and say that my address is /eat Q1 Ri7.zs)4a 9ltIsti3 /( tai?/ that I have circulated the within Zeta ien, that eacn signature thereon was affixed in cv presence, and that each signature thereon is a signature of the person that is purports to be and that, to the best of ry knowledge and belief, each person signing the petition was, at the tire of signing, an "curer" of real property within :CO feet of the property where the eobile home Is proposed co be located on. S.71ker � Jv /Zi4 c S Cent.,✓ gcat_re v: L . acor Printed ::ace SCE'_CSI:ED 3:.D SWOP!: co before ce this ((>40N-day cf (:‘ C \Fi it, \1/4• 19 . I'.MESS ry hand and cfflclal \ Sonar run lLc Yv rorels!fon expires: 1 J `C/i4! s r� 1 8f15 0 6403)401- A AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Bud W. h Joyce M. Aunziker Farm W1/2SE1/4 Sec . 27 . , T2N , R67W. STATE OF COLORADO ) BS. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his sec F/wt Pnyr e4k 40.0."07:47•1 or her knowledge the eEtesbed 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. Gtes('i 6 at/[a ln-I 0,4,z The foregoing instrument was subscribed and sworn to before me this l t day of Ceti-AL k�'\ 19A'� . r WITNESS my hand and official seal. My Commission expires: 4sV% k. , Notary Public 87.1560 60 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Bud W. & Joyce M. Hunziker Farm W1/2SE1/4 Sec . 27 , T2N , R 67W. STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. Mit12.(l: /$rata i The foregoing instrument was subscribed and sworn to before me this S'�ti day of [Se't t,j , 19y,'J . WITNESS my hand and official seal. My Commission expires: kM /cc1 lfo[ ry ublic 871.560 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE Il THE SIGN WAS POSTED BY: Michal S . Bearson NAME OF PERSON POSTING SIGN )9 e.;_ae / 4 I y7A2,frt. /o/5�9' • SIGNATURE OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS j:6-V- DAY OF ;� 3 195 1. SEAL NOT Y PUBLIC MY COMMISSION EXPIRES \c/t /ri LAST DAY TO POST SIGN IS: 19 871560 PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE PLANNING COMMISSION HEARING FOR CASE THE SIGN WAS POSTED BY: Michal S . Bearson NAME OF PERSON POSTING SIGN 8 6.tr SIGNATURE OF APPLICANT � STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 5710N DAY OF C"\a�t� �\;`-� 19 , SEAL NO PUBLIC MY COMMISSION EXPIRES \(` 114. /53'1 v\ LAST DAY TO POST SIGN IS: 19 871560 al% CENTRAL WELD COUNTY WATER DISTRICT October 6, 1987 Michal S. Rearson 10501 Weld Co. Rd. 251 Ft. Lupton, CO 80621 RE : Water Service Dear This letter is in response to your request for water service to serve the following described property : W'SE1/4 of Section 27, Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado -Water service can be made available to the above described property provided all requirements of the District ere satisfied , including easements where required for District facilities . Central Weld County Water District requires that contracts be consumated within one ( 1 ) year from the date of this letter , or this letter shall become null and void unless extended in writing by the District . Very truly yours , LEETRA1 WELD COUNTY WATER DISTRICT _ � �-‘<< t‘t 4tdC1 Lorene G. Hirsch Office Manager LGH/wmg @71533 2235 2nd Avenue • Greeley,Colorado 80631 • (303)352-1284 • Dale D.Olhau•en,Secretary-Manager HSP106P APPLICATION FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEM NO. G-CTS:. . •, WELD COUNTY HEALTH DEPARTMENT ENVIRONMENTAL NTA!_ HEALTH SERVICES NEW APPLICATION AT1:(:ir•. 1516 HOSPITAL ROAD, GREELE , CO 80631 353-0635 .yam.`.... Zc aWNEE, I f:::r1R,'CiN, MICI-IAL. S, ADDRESS WCR F'1 0 -.R j01t 25-1 /2 PH ," FT. LUPTON (emu. ) 857-64 ADDRESS OF PROPOSED +YSTEM PENDING (:' (..... 8u`.. 1 / ET. LUPTON CO 80621 LEGAL DESCRIPTION O!" .SITE:: : W2 S'E4 SEC 27 TWF 2 RNty 67 SUBDIVISION : LOT USE TYPE : RESIDENTIAL 2 MOBILE HOMES ON I LOT. D BLOCK 0 FILING 0 SERVICES : PERSONS 3 BATHROOMS 3,00 BEDROOMS BASEMENT PLUMBINGT.�C+LC�T� SIZE 80.00 ACRES WATER SUPPLY CWCWI: APPLICANT ACKNOWLEDGES THAT THE COMPLETENESS AF'aN CANTr1 MANDATORY AND ADDITIONAL OF THIS APPLICATION IS CONDITIONAL. �;DI IIIONAL.. TESTS AND REPORTS AS MAY BE REQUIRED BY THE WELD COUNTY HEALTH DEPARTMENT TO BE MADE AND FURNISHED BY THE APPLICANT OR BY WELD COUNTY HEALTH DEPARTMENT FOR PURPOSES THE F'u:�'F:,:;' Of THE EVALUATION OF THE:: APPLICATION; AND THE: ISSUANCE OF .T.lif'_ PERMIT IS SUBJECT ii' SUCH TERMMS AND CONDITIONt'° NECESSARY TO INSURE COMPLIANCE WITH CON10, DITIONS L..I:ANCE:: k'1 t H RULES AND REGULATIONS ADOPTED UNDE::I=:AAFTICLE.I; TITLE 25, C;R,`, ,+ ;:.,7:_: AS AMENDED. THE APPLICANT CERTIFIES THAT THE PROPOSED SYSTEM WI:I...l... NOT BE LOCATED WITHIN 'ri;� '� FEET OF A, COMMUNITY SEWAGE SYSTEM. THE: JNDERSIGNED HEREBY CERTIFIES THAT ALL STATEMENTS SUBMITTED HEREWITH AND REQUIRED TO BE SUBMITTED BY fr1THE APPLICANT ACiN AND E WILL iE:PRE:SEN T ED TO BE::. TRUE AND CORRECT TO THE: BEST OF MY KNOWLEDAND BELIEF,ARE, DR WIA.N. ILL:; RE DESIGNED TO BE RELIED ON BY flu WELD COUNTY HEALTH DEPARTMENT INE:� AI rTIN "HE: FAME: FOR PURPOSES S OF ISSUING THE PERMIT Al LIE I' FOR HEREIN. I FURTHER�yUNDER-•. 'TAND THAT ANY FALSIFICATION OR MISREPRESENTATION MAY RESULT IN THE DENIM-. OF THE +F'PL.i:CATION OR REVOCATION OF ANY PERMIT GRANTED BASED UPON SAID APPLICATION AND N LEGAL ACTION ,.. �-�::•r•i BY FOR . ER_LIFtY AS PROVIDED 1 Y LAW, PPLICATION FEEL::: $150, 00 E"r:f.C:l-iAi.. S. I:{E::ARS'(:IN L-:C 'D BY C::C•I-•F-E_Y, I):L A N i•,!1:::DATE 10/06/87OWNER/AGENT SIGNATURE DATE Ei�Ir�F�I_.-APPLICANT; C:l� 97160 I'Y W+_Hr' WCHD-EHS MAY, 1984 Hello