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Home My WebLink About850092.tiff AK20d4454 B 1084 REC 02024454 09/11/85 15: 46 $0. 00 1/003 F 0172 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO C-3 (COMMERCIAL-THREE) FOR THEODORE W. AND MARE E. BURKHARDT 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 , a public hearing was held on the 22nd day of May, 1985 , at 2 :00 p.m. for the purpose of hearing the application of Theodore W. and Mare E. Burkhardt, 15047 Colorado Highway 52 , Fort Lupton, Colorado 80621 , requesting a Change of Zone from A (Agricultural) to C-3 (Commercial-Three) for a parcel of land located on the following described real estate, to-wit: Part of the NEB, Section 3 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 21 .6 .2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicants and the recommendation of the Weld County Planning Commission, and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The applicant has complied with all the application requirements listed in Section 21 . 7 et seq. , of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the request is in conformance with Section 21 . 6 of the Weld County Zoning Ordinance as follows : a. Although the request for a Change of Zone is not consistent with the Weld County Comprehensive Plan and the existing zoning of the property is not necessarily faulty, changing conditions in the area warrant a Change of Zone. 'L0 3ca 850092 B 1084 REC 02024454 09/11/85 15: 46 $0. 00 2/003 Page 2 F 0173 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RE: COZ - BURKHARDT b. The uses which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses. c. Testimony was given to indicate that adequate water and sewer service can be made available to serve the site. d. Colorado Highway 52 will provide adequate access to the property to meet the requirements of the proposed zoned district. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Theodore W. and Mare E. Burkhardt for a Change of Zone from A (Agricultural) to C-3 (Commercial-Three) on the above referenced parcel of land be, and hereby is , granted subject to the following conditions: 1 . Prior to recording, the final Change of Zone plat shall be corrected to show a seventy-five foot reservation north of the centerline of Colorado State Highway 52. 2. Prior to recording, the final Change of Zone plat shall be corrected to show the exclusion of the Champlin Petroleum facilities from the subject Change of Zone site. 3. Prior to recording, the final Change of Zone plat shall be corrected to show a fifty foot right-of-way for Panhandle Eastern Pipe Line Company on the subject Change of Zone site. 4 . Prior to recording, the final Change of Zone plat shall be corrected to show a fifty foot right-of-way for Champlin Petroleum on the subject Change of Zone site. 5 . The owner and/or operator shall address the specific concerns of the Division of Highways, Weld County Health Department, Division of Water Resources, and the Fort Lupton Fire Protection District at the time of the site plan review submittal to the Department of Planning Services. B 1084 REC 02024454 09/11/85 15: 46 $0. 00 3/003 Page 3 F 0174 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RE: COZ - BURKHARDT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: al. 4.,cv WELD COUNTY, COLORADO Weld County Clerk and Recorder . \� „ and C k to the Board J- c -��'ne Jo n-o``n,,on, . ' 3a,k ra,-- 'Gene R. Brantner, Pro-Tem pty Coun erk XCUAPPR(WEIy A5j, . • C.W. KDrb � l . L 6‘er 9"'_ i ounty Attorney Frank Yama chi HEARING CERTIFICATION DOCKET NO. 85-18 :RE: CHANGE OF ZONE, AGRICULTURAL TO COMMERCIAL-THREE - THEODORE W. AND MARE E. BURKHARDT A public hearing was conducted on May 22, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby, Excused Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi flso present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated April 15, 1985, and duly published April 18, 1985, in the La Salle Leader, a public hearing was conducted to consider the application of Theodore W. and Mare E. Burkhardt for a Change of Zone from A (Agricultural) to C-3 (Commercial-Three) . Chairman Johnson informed the applicant that with only four Commissioners present, should there be a tie vote, the absent Commissioner would review the record and listen to the tapes of this hearing before casting the deciding vote. Lee Morrison, Assistant County Attorney, made this application a matter of record. Rod Allison, Planning Department representative, said that a motion to approve this Change of Zone had been made at the Planning Commission -meeting, but this motion had failed; therefore, the recommendation of the Planning Commission is for denial. Mr. Allison said that five conditions had been recommended for this proposal. Chairman Johnson reviewed the criteria to be considered for a Change of Zone and asked Mr. Allison to review the uses which would be acceptable in the requested C-3 Zoning. Roland Froid, realtor, introduced Tom Gast who explained his truck-related service business which he wishes to locate on the parcel under consideration. Mr. Froid presented Exhibit E, a letter from Burl Van Buskirk, and Exhibit F, a map showing the existing zoning in this area. After making comments regarding the zoning of neighboring parcels and the unsuitability of this land for agricultural uses, Mr. Froid also presented Exhibit G, pictures of the area. Chairman Johnson expressed concerns about the condition which states that Champlin Petroleum facilities be excluded from this Change of Zone. (Tape Change #85-37) Following discussion, Commissioner Lacy moved to approve the Change of Zone requested by Theodore W. and Mare E. Burkhardt, reviewing the criteria to be considered and the manner in which this application meets these criteria. Commissioner Brantner seconded the motion. Mr. Allison stated that the Planning staff would recommend that Condition #5 be changed to read, "The owner and/or operator addressing the specific concerns of the Division of Highways, Weld County Health Department, Division of Water Resources, and the Fort Lupton Fire Protection District at the time of the site plan review submittal to the Department of Planning Services." Page 2 RE: COZ - BURKHARDT This change was acceptable to Commissioners :Lacy and Brantner. The motion to approve this Change -of Zone carried unanimously. ' APPROVED: : • 1i 4uenaj� w ATTEST BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boar a ine Jo on, Chairman By anc.nc. si D putt' County Cle ene R. Bran ner, Pro-Tem EXCUSED C.W. Kir y G r act' l /. Franc Yamaguc TAPE #85-36 & #85-37 DOCKET #85-18 ZHR 2239 A T T _E N D A N C T RECORD TODAY ' S HEARINGS ARE AS FOLLOWS: MAY 22, 1985 DOCKET # 85-18 - I:OZ, A to C-3, THEORDORE & MARE BURKHARDT DOCKET # 85-197., COZ, A to PUD, GREATER HUDSON 1lEVELOPMENT COMPANY DOCKET # PLEASE writ-e or print legibly your name, address and the DCC R (as listed above) or the applicant name of the hearing you are attending. NAME ,_,;_z_ ADDRESS HEARING ATTENDING /I /5OA0 /55ief 2e''t go/b/ t --r-rvt,-pA_s2 li-42y-2/5 �Je 6nooi,,r/ - � e''n4 6Q aa✓yM icallegy , � /Yz at0.4!`, „/"./.4644- 1 Ito A�EC1aiL ,14,4_,., Bete �, As f b,,,,, . _ / J0olu�l.. 5/13Emo l�nre, g-6--19 �a Ay p // p `��i S J S 5 _.�� a�/s aN b,�r��7`t r� 17 ties v✓ 12C V_ 2 1 i In I 1114 A ',pa gcouit9I9/ Cvi,J,-(ixci x.. I, C 6 4.4e 5. f _.4_4_ ✓e 6 :7PNeal f- �/ + 12•v. ��wr 11 a _3,--boa. / i ,. o 7J 0 z 4, > it• aM-csq «o , i ., e2 /1 Lzy7e,-,_ c-- 3 z o---,-,,,e ,C ' 1tbe,, „rl La7 (��p,Jr /f dvi cold in S•r C } Z, T,a r .1/2( //At �L 6/ fill • ✓ c C44-e• sa a 7T- ,ah t1 t4b2 A9c Tc*l (., /x.2.4 der C 4-6 (� /73'76 /Leg S2 lai t (�: --uz-, /,.. n-7 7✓ ,,A �l�r�� l �7 �r // ' 3 V, �, a it ;�: ,. ',,�.,/2, aft /�'If'dbt 4(�� ( _ 27..1 •S ps'tidh{ 1:14t 1 I0Uc , i(f. I( / /3 .a'l J l-� A/ ..L FLEA/6V (7, / / ‘roTtom = 4-7±1:11/...C1-- aft;// 7( , /t ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS: DOCKET # DOCKET # DOCKET # • PLEASE write or print legibly your name, address and the DOC n (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING Ic,491 . e4-6- 219/14‘97- X40' ,W /3140 cei 141‘41a9i, /a_.11-YL-ttloferNi Mck..c-t 35E ( PcD I ke-e.�cs u .h S G ^e c c -- c-c S 1>. t.It 1 It by/11CW C �, q e �w/g ,��°.� s/9 r • • I 1 III ''', b"4,y "N — -- Y&i `, Srr 2 t M' Q.( ' il, J cc 0 €%1.1u x is VI TI rq t1/4 6r Yalta € _ 0 : . • Ti 1t((,,i ?,:m 4. U N -c, tA ee O Ptr_:I:i �LL' o \ J Fri 1r, 11 I (o U I, ij i Ili , I inn 11 1 S .I a I aY �. !� a1 "ti o A��. LTA !. u r is ,F.o. D,.1 JEf P iri is, m4 r-+v I,.... I L __ ; II : . -----_____-- -_— I. T .... - - n IT . ,9 ' ., -i P €e Di 6I it I. Y_ II �� F I' � �d lTjJ€ I'1'TiPii nl" ta a w.T I u J', +i _! I4 ,. I :1 L“ILI _-Frit Lir- ,tat- u..: ---1 y. ` i !Ili-4r 1111 filit, 1 � {'fs v 1 ` � _i 1 �Id- �mmu�j • �� ii f G� D-15 I )\jam I €` t. - al EXHIBIT 111 S s,-246s Community Collage May 20, 1985 Weld County Commissioners 915 10th Street Greeley, CO 80631 RE: Rezoning case Z-416:85:2 Dear Commission Members: As an individual member of the Aims Community College Board of Trustees, I have been asked to respond with our concerns about the rezoning of the parcel mentioned above, that is the Burkhardt property on Highway 52, about 2 miles East of Fort Lupton. After studying the situation, I find no objections to this rezoning. I can' t see that it will effect our college in any way, in fact it seems that this property is in the logical area for the Commercial zoning and I recommend it' s approval. Please understand that the Aims Board has not taken any official position on this matter and that I am speaking as an individual board member. Sincerely, Burl Van Buskirk Member Board of Trustees jk 5401 West 20th Street ❑ P.O. Box 69 ❑ Greeley, Colorado 80632 ❑ 303-330-8008 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 following proposed Change of Zone are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-18 Theodore W. and Mare E. Burkhardt 15047 Colorado Highway 52 Fort Lupton, Colorado 80621 DATE: May 22, 1985 -TIME: 2:00 P.M. REQUEST: Change of Zone from A (Agricultural) to C-3 (Commercial-Three) LEGAL DESCRIPTION: Part of the NE} , Section 3, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: April 15, 1985 PUBLISHED: April 18, 1985, in the La Salle Leader Affidavit of Publication STATE OF COLORADO) f-Pursuant o the zoning elds of State of Colorado to and i Weld o County at- County of Weld) ss. Mg-Ordinance, ad in the hearing of County Commissioners of Weld County 1 Paul ',lassP,`r O( Colorado, Weld County Centennial l Center, 915 10th Street, First Floor. Greeley.Colorado,at the time specified. said County of Weld being duly sworn,say that I All persons in any manner interested In the Use By Special Review are re- am publisher of guested to attend and may be heard La Salle Leader that the same is a weekly newspaper of general Should the applicant or any interested circulation was printed and published in the party desire the presence of a certified town of court reporter to make a record of the proceedings, in addition to the taped La. Jai le record which will be kept during the in said county and state;that the notice of adver- hearing,the Clerk to the Board's Office tisement,of which the annexed is a true co has con reporterse i for a lisa of certified copycourt the area. If a court been published in said weekly newspaper for porter is obtained, the Clerk to the ; Board's Officeshall be advised of such one consecutive o et least fiv days prior to hearingactin .Thee s cost e of engaging at court weeks; that the notice was published in the reporter shall be borne by the requesting regular and entire issue of every number of said party. newspaper during the period and time of publica- BE IT ALSO KNOWN that the texeand tion of said notice and in the newspaper proper maps so certified by the Weld doanty and not in a supplement thereof; that the first Planning Commission may be examined publication of said notice was contained in the in the office of the Clerk to the Board m • issue of said newspaper bearing the date, the Weld County Commissioners.located 915 10th Street.Third Floor,Greeley.CM- 18 date of April A.D., 19 85 orado. and the last publication thereof, in h issue of • • said newspaper,bearing date,the �0 day of DOCKET NO.85.18 lip r:_:. , 1985 that the said APPLICANT TheodoreMare E.Burkhardt La Salle -Leader i W. Colorado Hghway 52 has been published continously and uninter- Fort Lupton,Colorado 89621 ruptedly during the period of at least fifty-two DATE:May 22,1985 consecutive weeks next prior to the first issue thereof containing said notice or advertisement TIME:2:00 P.M. above referred to: and that said newspaper was -at the time of each of the publications of said REQUEST: Change of zone from A (Agricultural) to C-3 (Commercial- notice duly qualified for that purpose within the Three) meaning of an act entitled. "An Act Concerning LEGAL DESCRIPTION: _Legal Notices, Advertisements and Publications and the Fees of Printers and Publishers thereof, Part of the Nei,section 3.Township 1 and to Repeal all Acts and Parts of Acts in Con- North.Range 66 West or the 6th P.M.. flict with the Provisions of this Act" approved Weld county.Colorado • April 7. 1921. and all amendments thereof, and -particularily as amended by an act approved. Marc 1923. and an act ap ved May 13, 1 BOARD OF COUNTY l-u-vr. COMMISSIONERS WELD COUNTY.COLORADO ubhsher BY>MARY ANN FEUERSTEIN Q COUNTY CLERK AND RECORDER Subscribed and sworn to before me this AND CLERK TO THE BOARD OA-- day BY:Mary Reiff,Deputy day of A.D.. 19 o .J'. DATED:April 1th 1985 Published in the to Salle Leader cu Thursday.April 18,1985. Notary P sic • My commission expires //— 7—O EQ_ Z.N3E71 • M, ; 22019 W.C.8'- S.",;,,. GREELEY, Cu btu,;I DATE: April 15 , 1985 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 hearing for the 22nd day of May, 1985 , at 2 :00 P.M. Docket No. 85-18 - Theodore W. and Mare E. Burkhardt, COZ-A (Agricultural) to C-3 (Commercial-Three) OFFICE OF THE CLE TO THE BOARD BY: �n , Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO S\PNLII:Nr- U )1r4;avul1LI L''f'Y(9/a".� N 0 -T -TICE 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 F3oard of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Ialorado, at the time specified. All persons in any manner interested in the following proposed Change of lone are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the nearing, the Clerk to the Board's Office can ne contacted for -a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised of such action at least five days prior to the hearing. -Ile cost of engaging a court reporter shall be borne by the requesting Tarty. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld _County Centennial Center, 915 10th Street, -Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-18 Theodore W. and Mare E. Burkhardt 15047 Colorado Highway 52 Fort Lupton, Colorado 80621 -DATE: May 22, 1985 TIME: 2:00 P.M. REQUEST: Change of Zone from A (Agricultural) to C-3 (Commercial-Three) LEGAL DESCRIPTION: Part of the NEk , Section 3, Township 1 North, Range 66 West of the 6th Y.M. , Weld County, Colorado BOARD -OF COUNTY -COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: April 15, 1985 PUBLISHED: April 18, 1985, in the La Salle header EXH/A/7 C MARY ANN FEUERSTEIN • OFFICE OF WELD COUNTY CLERK AND RECORDER � ' DEPARTMENT OF CLERK TO BOARD C. SHONE 1303) 35640 P.O 00 EX 497{ BOX 455. 9 GREELEY, COLORADO 80631 COLORADO April 1 , 1985 Theodore W. and Mare E. Burkhardt 15047 Colorado Highway 52 Tort Lupton, Colorado -80621 Dear Theodore and Mare Burkhardt: Your application -for a Change of Zone (Agricultural to Commercial-Three) has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the NE4, Section 3 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners , it will be necessary for you to indicate your request by signing the _bottom of this letter and returning it to this office. 1Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. an order to proceed as quickly as possible, we must receive your reply by April 17 , 1985 . If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, .+v prxwf^,,Intl. C BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APR 9 � ;!L D S ✓ CHAIRMALi OREEL COLO. I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising -expense. /ti A:6%Sr K/I/ R/i 4 P 179 325 OEM a • SENDER: CaraPNM Isms 1.2.3 and 4. Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will prevent this card from• RECEIPT FOR CERTIFIED MAIL is being returned to you.The return receipt fa will provide you the name of the person delivered to and the date of NO INSURANCE COVERAGE PROVIDED `. delivery.:Foredditional fees the following services are NOT FOR INTERNATIONAL MAIL a available.Consult postmaster for fees and check boat) ' for service(s)requested. THEODORE & MARE BURKHARDT t. a7 Show to whom,date end address of delivery. 15047 COLO HWY 52 2. 0 Restricted Delivery. FORT LUPTON, CO 8O621 la 3 THEODORE & MARE BURKHARDT --1 15047 COLO HWY 52 a FORT LUPTON CO 80621 O Postage $ a H m .K Certified Fee / Special Delivery Fee t 4. Type of Service: Article Number ❑ l3e1iistered O Insured Restricted Delivery Fee xpress O COD tY(O(Q Ai O ExpressMeil Return Receipt Showing _ to whom and Date Delivered Q Always obtain signature of eddresseegagent and m Return receipt showing to whom, DATE DELIVERED. a Date,and Address of Delivery 0 5. Signature—Addral�e ''r " i TOTAL Postage and Fees $ I X • a re 6. Signs e—Agent o 5 o Postmark or Date co co �/� 5 7. of Dan y w i LL �ddra r • rn Z S. Addrenae!t Address�� ,(ffpld a x 2m 1985 i 8befl (CO: FORT_ ��,loy �itp of fort J.upton COUNTY OF WELD • 130 S. McKINLEY AVENUE FORT LUPTON (303)857-6667 P.O.BOX 158 DENVER METRO(303)893-5404 -� 36 FT. LUPTON,CO 80621 GREELEY METRO(303)356-9225 ORA00 WELII Cr,,' „ April 29, 1985 n n{L ` ! l Jackie Johnson MAY 1 1985 Weld County Commissioners 915 Tenth Street aR=EtEY. COLo. Greeley, Colorado 80631 Re: Case #2-416:85:2 Dear Chairman Johnson: The Fort Lupton Planning Commission reviewed the "Burkhardt" change -of zoning for property east of Fort Lupton. The Planning Commission did not find any problem in the change. The change from Agricultural to C-3 seems to be compatible when the Mosley Property is "Industrial". The Mosley Property is immediately to the west of the Burkhardt property. In addition, to the best of my knowledge, the neighbors do not have any problem with a zoning change. The Weld County Planning Commission has denied the change. However, it appears to the City of Fort Lupton that this change should be made. The area in question is not good farm land. Similar zoning already exists. This change and establishment of the trucking business should increase the employment and business opportunities in the area. We encourage you to grant this change. Sin•e .ely, Donald R. Cummins Mayor DRC:msw EXidil3ii �/ SEYNAF,Y OF Ti= 1.F'D COUNT': FLAFNIl'G CCYN SSION MEETING March ;9, 1985 A regular meeting of the weld ccurty Planning Commission was held on March 19, 1985, at 1 : 35 p.m. in the County Commissioners' Fearing Form, 915 Tee:th Street, Greeley, Colorado. -The meeting t.as called tc order by the chairman , Fob FL_•_1ich. Tape 196 - Side 1 POLL CALL Lydia Tunhar Present Doug Graff Present Paulette Weaver Present Stephen Hamilton Present Bill LeYurray Present lack Folman Present Louis Rademacher Absent - Called in Sharon Linbart Present Fob Fhr_.'ch Present Also present : "lchael S. Mullen, Current Planner, Lee Morrison . ..ssist nt County Attorney, and Bobbie Good , Secretary. A -quorum was present. The summary of the last recular meeting cf the Weld County Planning Commission held cc March 5, 1985, was appro d as distributed. -CASH NUMBER: E-L1E:85: 2 APPLICANT: Theodore W. and Mare E. Burkhardt REQUEST: A Change of Zone on twenty (20) acres from Agricultural to Commercial—Three. LEGAL DESCRIPTION: Part of the NEB{, Section 3, TIN, P66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 mile east of Fort Lupton; north of State Highway 59 APPEARANCE: Roland Froid, Sears and Associates Real Estate, represented the applicant. He stated Mr. Tom Gast, owner of Commercial. Drivers Institute Services, Northbend, Indiana, is an over-the-road trucking company that would like to locate in this area. Fe has eight to ten trucks running in this area and likes the access and visibility from this parcel of land onto Highway 52 from the property and onto I-76 and I-25 from Highway 52. He would like to do maintenance and training of the drivers working in this area on this 7-3 xNi73/T .1 Summary of the Veld County Planning Commission "arch 19, 1985 Page 2 site. The buildings on this property would be large enough to get both the truck and tractor into the buildings for seivicipe. Yr. Gast Geee no` want problems with anyone and during the course of this application there has been only ore surrourd,_rg property owner, at: oil company, that would prefer the zoning of their tank battery and oil well site to remain in agricultural zoning. The applicants are willing to comp.; with this request to eliminate any problems with the oil company. The prospective owner is a: sc very impressed with the drainage cf this land , as drainage and types of soils can be very important to this type cf an operation. The Chairman asked Mike Mullen tc read the recommendations of the Fenartnent of Planning Services staff into the record. The staff's recommendat`_cn is for denia_1 . The Chairman called for discussion from the audience. J. L. Sears, owner, Sears and Associates, reported he has served on the Fort Lupton Planning Commission, and at one time, the Weld County Planning Commission. Growth for the Fort Lupton area is to the east and south of the town. Tape 196 — Side 2 This property is located close to ATMS Jr. College. The College would like to be in an industrial cr commercial zone because this is the type of businesses they serve. The soils east of Fort Lupton change very rapidly from good farmland to extremely sandy. N.r. Sears distributed pictures. -These were retained as evidence. The town of Fort Lupton is in favor of this request being approved. They have not annexed the site primarily because they cannot effort to run city water and sewer to this area at this time. Molly Summerville, Attorney, Champlin Petroleum, reported they do not object to this proposal. They do; however, want to make sure enough land is left in agricultural zoning to include the wells and the tank battery. It is their understanding that even if the zoning for their oil well and tark battery site were changed to Commercial or -Industrial they would be allowed to continue operations under a nonconforming use category. -This, however, would not allow for any expansion where under agricultural zoning oil drilling activities are considered a use by right. Summary of the Veld County Planning Commission Meeting March 19, 1°€5 Page 3 MOTION: Bill McMurray moved Case Number Z-416 for Theodore L. and Mare F. Burkhart for a Change of Zone on twenty acres from Agricultural to Commercial-Three be forwarded to the Poard of County Commissioners with the Planning -Commission's recommendation for approval with the otaff's recommendations for deleting the portion of land that contains the Champlin Petroleum facilities. Motion seconded by roue Graff. Mike Mullen reported that since the motion is a recommendation for approval or this request that the three items which he handed out to the members of the planning commission be incorporated into the motion. The Chairmen asked Mike Mullen to read the recommendations of the Department of Planning Services staff that would go along with the Planning Commission's recommendation for approval . He also incorported into the record and amended Item #3 to read: "The final Change of Zone flat shall be corrected to show a fifty foot right-of-way for Tanhandle Eastern Pipe Line Company and Champlin Petroleum Company on the subject -Change of Zone site prior to recording the Change of Zone Plat. Tee Morrison reported if the Change of Zone is created any tyre of operation allowed in a Commercial-Three zone may take place. There are no standards or conditions which have to be met as there are with a Use by Special Review Permit. Cnce the property is changed to Commercial-Three basic criteria would have to be met, but anything allowed in Commercial-Three zoning would be allowed. Because there is an issue of access it would be appropriate to make a condition concerning excel/decel lanes because access is one or the considerations in a change of zone. The chairman called for _discussion from the member of the Planning -Commission. riscussion followed. AMENDMENT: Doug Graff moved that we include five items, the three that were passed out mn the sheet, the fourth that includes a fifty foot right-of-way for the pipeline and a fifth which would be the excel/decel lanes as per the Colorado State Highway Department's recommendation and that _these be added -to the original motion. Motion seconded by Stephen Hamilton. The Chairman asked the Planning Commission members for their decision regarding the amendment. Motion carried unanimously. Summary of the Veld County Planning Commission Meeting March 19, 1985 Page 4 Lee 'Morrison sucgested that since the motion on the floor is contrary to the staff' s recomnendaticn the Planning -Commission members may wish to make findings with respect to the criteria for a charge of zone either in support of the notion or in opposition to the motion, particularly where there is nothing in the record on findings on this issue. Paulette Weaver wished to reemphasize the staffs concerns about spot zoning and leap—frog development. She is not convinced that there are not ether properties contiguous to existing towns where it would be pore logical to have a charge of zone. Sharon Linhart concurs. She is not convinced that the appropriate Baca for this is net adjacent either to the city of Fort Lupton, the town of Hudson, or sore place where someone would annex them and give them the appropriate zoning. The fact that we would create an area of Commercial-Three zoning in an area that is still agricultural, and then set aside two acres to remain agricultural so that we can have the oil and gas well facilities disturbs her and she is not comfortable with having a spot zone of commercial out in the County even though it is very close to Fort Lupton. She would prefer that they find another site within or adjacent to the city limits of a town. Doug Graff felt this does warrant a Change of Zone. That Fort Lupton's growth does seem to he in this direction and at this particular tine it is probably not feasible for Fort Lupton to annex, but at some point in time it will become annexed. These people have probably looked carefully for a site for this operation, and this site probably fits their needs and requirements the best. Posed on this, he sees a need to change the zoning. The agricultural land in this area is probably minimal for any kind of agricultural production. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jack Holman - No, because with the six items on the change of zone standards that the Planning Commission has to abide by, he comes up with four no answers and only two yes answers. It is his feeling the change of zone request is not consistent with the Weld County Comprehensive Plan, and it is spot zoning. We have run into this type of thing before in other areas when once it is opened-up there is no way it can he controlled after that because the next landowner wants their land zoned the same way. If Fort Lupton is agreeable to this type of operation they should annex this property into their community and Summary of the Weld County Planning Commission ?:eeting March 19, 1985 Page 5 provide the services that need to be provided for a business like this. _ill McMurray — yes; Stephen Hamilton - ces; Paulette Weaver - no; Doug Graff - yes; Lydia. Pu^bar — No, for the same reasons as previously stated. Sharon Linahrt — No, for reasons stated earlier and in concurrence with Uack ?-:elmer,'s statement. Bob Ehrlich — No, because he would like to see the property annexed into the city of Fort Lupton. We have _sone problems in the County now as far as going out into the County and taking care of the policing and other services recut-led by the County, and it should become _part of Fort Lupton's City Limits. Motion was denied with three voting for the motion and five voting against the motion. CASE NUMBER: 1'S,H-E69:85: 7 AFPlICANT: F:estberg and Posling Farms (King Property Owner) REQUEST: A Use by Sepcial Review Permit for an Airstrip LEGAL DESCFIPT7Oll: SEv, Section 16, TIN, F_61W of the 6th P.M. , Weld County, Colorado LOCATION: Eleven (11) miles southeast of Prospect Valley; west of Weld County Road 91 and south of State Highway 52. A-PPEAPANCE: James F. Shelton, Attorney, represented the applicants. Mr. Shelton stated the air strip was constructed and used before they realized they needed a Use by Special Review Permit. They were given permission to build the hangar by the County. Mr. Rosling will be the only person using the airstrip to inspect the ten sections of land and to fly to Colby, Kansas, for machinery repairs. They have reviewed the recommendations, conditions, and operation standards es outlined fiy the Department of Planning Services staff and concur with them. There are not many people in the area and the airstrip will mot be used $y anyone other than a very occassional emergency landing. The Chairman called for discussion from the audience. Kenneth Rosling, one of the applicants reported the land adjacent to the airstrip is always either in wheat or summer fallowed. They are planning to gravel the airstrip. Tape 197 — Side 1 He is not in agreement with the soil conservations recommendation that grass be planted on the airstrip. -This could be dangerous if the grass became re fr BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill McMurray that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: KID WPM T !rt r:_rs ?AT, .7 CASE NUMBER: Z-416:85:2 MAR 9v '1 NAME: Theodore W. and Mare E. Burkhardt /. /3.- :I REQUEST: A Change of Zone from Agricultural to Commercial-Three �tv. coLo. LEGAL DESCRIPTION: Part of the NE; of Section 3, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 mile east of Ft. Lupton, north of Colorado Highway 52. Be recommended favorably to the Board of County Commissioners along with the staff's recommendations for deleting the portion of land that contains the Champlin Petroleum facilities. Motion seconded by Doug Graff. Vote: For Passage Against Passage Bill McMurray Jack Holman Stephen Hamilton Paulette Weaver Doug Graff Lydia Dunbar Sharon Linhart Bob Ehrlich The Chairman declared the Resolution denied and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. Z-416:85:2 Theodore W. and Mare E. Burkhardt March 19, 1985 Page 2 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 March 19, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission Dated the 22nd day of March, 1985. Tcb Good �oea Secretary CONDITIONS Z-416:85:2 Theodore and Mare Burkhardt The Department of -Planning Services staff recommends the following conditions to be incorporated with the Weld County Planning Commission's motion to approve: 1. The Final Change of Zone plat shall be corrected to show a seventy-five (75) foot reservation north of the centerline of Colorado State Highway 52, prior to recording the Change of Zone plat. 2. The Final Change of Zone plat shall be amended to show the elimination of the Champlin Petroleum facilities from the subject Change of Zone site, prior to recording the Change of Zone plat. 3. -The Final Change of Zone plat shall be corrected to show a fifty (50) foot right-of-way for Panhandle -Eastern Pipe Line Company on the subject Change of Zone site, prior to recording the Change of _Zone plat. 4. The final Change of Zone plat shall be corrected to show a fifty (50) foot right-of-way for Champlin Petroleum on the subject Change of Zone site, prior to recording the Change o₹ Zone plat. 5. -1ccel and decel lanes, as per State Highway Standards, shall ba constreucted on Colorado Highway 52 for the subject site. EXHIBIT INVENTORY CONTROL SHEET Case ( 0 2, Exhibit Submitted By Exhibit Description / A. '��Uz�•L. 01an.J �'l,LLf_! 'C[/^lam( J GCcn✓ v'G« C//B. q°-te/yii 67-7.5•r"C04!//2- � l9???:CL/ �"c1,�si.'G:y - ,. .....- C. � /= ter.' " 7 /ea, / C et, D. 2 ° cg; �Rai E. •424-7 F. ie s,Y 12, u` // ✓ cd fgti/iy /r7 / am/a/7 /P G. r/� 1 CL} � S/ ,to H. � / 4,202,.,e7 I. J. K. tie M. N. O. Exhibit Inventory Control _Sheet Ca-se Number Z-416 Date Submitted -Exhibit Received -Int. -By Description Cot PTO'„-.$c y 6!.5 -37 "caeca A. Ld t.3-( Froi L a,•) t1i IVi J bap 2VA°Alt B. 'w AIL-Hal • • V1'4-Q abh reit tOfr /°p`1546 D. fo4 L„ f+. flirt fie halo a p<at., E. Dili; Slow.) err Lei ek- ii. latikidA•efiab I pest F. plat_lit-#'a so; 40..uaJa ..4 "c JD:she -(tffs.. n G. at..# id. Cio �I*o04 to termsTie //9 k5— t H. I , t ' tic - 3 I I• 6 .Fit.4 Aff-e ..e,. cam,, -2-p ro J. 3 as 44iJlJrNC �r.Ar��S5a) rGt'o�.�,�,a�io.J.t P J K. L. M. N. 0. Champlin AMAnyoi.dryol Limon Pacific Corporation a_ 1 . March 21 , 1985 Ottrolux MOIIvSommerville Weld County Board of County Commissioners Asscslant General Atttorney omey 915 - 10th Street Greeley, Colorado 80631 Weld County Planning Commission 915 - 10th Street Greeley, Colorado 80631 RE : Rezoning Application Case No. : COZ-416 : 83: 2 Change of Zone on 20 Acres from Agricultural to C-3 Applicant : Theodore W. and Mare E. Burkhardt Ladies -and _Gentlemen: Champlin Petroleum Company owns the oil and gas which under- lies the 20 acres which is the -subject of the -above- referenced rezoning application . An oil -well which is wholly owned by Champlin is located on the acreage . The drilisite upon which the oil well is located includes certain attendant oil and gas production facilities such as tank batteries, a heater treater and a retaining pit . In addition , Champlin has recently caused a gas pipeline to be laid across the property, which pipeline runs across the property from east to west . A hearing to consider the above-referenced application -was held -before the Planning Commission on March 1-9, 1985. At the hearing, Mr. -Roland Froid , the representative for the developer who is requesting the rezoning , presented the ap- plication to the Commission and requested that that part of the acreage upon which the oil and gas production facilities are located be deleted from the -acreage to be considered by the Planning Commission and by the Board of County Commis- sioners for rezoning. I understand that the outcome of the hearing was that the Planning Commission recommended that the rezoning application be denied for reasons unrelated to mat- ters concerning oil and gas operations . The purpose of this letter is to state Champlin 's position on the rezoning application . The position which Champlin takes is the same one which Champlin took at the heating before the ' ea n,ri V-uoieun Donvu flcgnon P(1 Hnx 125/ Weld County Board of County Commissioners Weld County Planning Commission March 21 , 1985 Page —2- Planning Commission. Champlin has no objection to the appli- cation for rezoning provided that the acreage upon which the oil and gas production facilities is located is deleted from the rezoning application and provided that a condition of the approval of the application is that Champlin is granted a 50-foot right-of-way for the gas pipeline which Champlin has laid across the property. I understand that any acreage which the applicant withdraws _from the rezoning application will continue to be zoned agricultural so that oil and gas operations and production will continue to be -a use by right. I understand further that the pipeline which is located on the property which may be rezoned will become a nonconforming use which will be permitted to continue in accordance with county ordinances governing nonconforming uses . Very truly yours ,771oMol//ly Sommerville MS/jmd cc: R. M. Moss J. D. Henry T. L. Schindler -K. M. -Busch J- N. Stahley Roland Froid tee Morrison %1 REZONING APPLICATION Case #: cozy/co .SJ :4 Dept. of Planning Services App. Ch'd By: NP6pA Date Rec'd: 91-5 10th Street App. Fee: 5CO •CO Receipt 1/: Greeley, Colorado 80631 Record. Pee: Receipt #: /r1 Phone: 356-4000, Ext. 4400 P TO BE COMPLETED BY APPLICANT. -Please print or type, except for necessary signature. I (we) , -the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: That part of the NE4 Section 3, T1N, R66W of the 6th P.M. , Beginning at the center of said Section, thence north 1320' thence east a distance of 660' on a line that is parallel to the south line of said NE4; thence south 1320' to said south line NE4; thence west 660' to the point of beginning. except ROW for Colorado State Highway 52, being a strip 50' in width. Together with an access to Colorado State Highway 52. Except and reserving unto the grantors all oil, gas and other minerals, and subject to the existing oil and as lease of record. (If additional space is required, attach an additional sheet) Property Address (if available) : (to be determined) Colorado Hig.hwaj 52 PRESENT ZONE Agriculture PROPOSED ZONE C-3 TOTAL ACREAGE 20 m/l OVERLAY ZONES None SURFACE -FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Theodore W. and Mare E. Burkhardt Home Telephone /l: 857-2681 Address: 15047 Colo. Hwy 52 Bus. Telephone 4l: Fort Lupton, CO 80621 Name: �• -' Home Telephone 11: Address: NL� Bus. _Telephone #: —� "1 sTelephone Name: Home ll: Address: Bus. Telephone #: PUSIMVNMISII Witt Applicant or Authorised Agent (if different than above) : Name: Thomas J. Gast Home Telephone It: Address: P.O. Box 2853 Bus. Telephone #: 1-800-348-2485 South Bend, Indiana 46680 '-�� Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Union Pacific Railroad Cc. Address: 3350 Peoria Aurora, CO 80010 Name: Champlin Petroleum Co. _ Address: P.O. Box 1257 Englewood, CO 80150 Name: Panhandle Eastern Pipeline Co. Address: 635 N. 7*Avenue Brighton, CO 80601 I hereby depose and state under the penalities of perjury that all statements, proposals and/os plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) walloo \\.`.. 11a" 1 4/ ignature: Owner or Authoriz Age 1/4 Sub ,igetla §104. o before me this _LC_ day of ____ oit , 19fl ti. � t U NN R�' .' = Y s• r OP COL NOTARY PUBLIC annrrin n U My Commission expires: My �� t/7,7 Ft Lupton,Colorado 80621 J. L. SEARS & ASSOCIATES INC. REAL ESTATE January 21, 1985 Weld County Planning Services 915 10th St. Greeley, CO 80631 This rezoning application is requesting a change from agricultural zone to C-3 for the purpose of locating a maintenance garage and office for an over-th-road trucking operation. The rezoning subject is part of a larger parcel located approximately three miles east of Fort Lupton on Colo. Hwy. 52 and is part of a larger parcel which is bordered on the west by the city limits of Fort Lupton. The surrounding land uses are varied. _T-he land has very low farming productivity and is primarily in native type grasses used for pasturing and home site for the owners. There is a _five acre parcel zoned indust- rial-three on the west boundry line adjacent to subject property. This location is well suited for access to and from Colo. Hwy. 52 as it has good visibility both directions from a high point project as the main entrance. This location is also currently being used by Champlin Petroleum as access to one of three well sites currently on property. The trucking company owner plans to cooperate with the State of Colo. Hwy. Dept. to construct acceleration and deceleration lanes on Colo. Hwy. 52 to meet their requirements. The site will be supplied electricity and natural gas by Public Service Company of Colorado. Water from an individual well and a Weld County Health Department approved septic system. The subject parcel is not located in a flood plain, geologic hazard area, and is not in a Weld Ccunty overlay district. Soil Information: #70 valent s-and, 3 to 9 percent slope. This is a deep excessively drained soil on plains with elevation on subject site of 5060 feet to 5080 feet. Typical surface layers are of valent sand soil about 6 inches thick with an underlayer of brown sand material to a depth of 60 inches. P-ermeability is rapid. Available water capacity is mcderate. The surface runoff is slow and the erosion hazard is low. This soil is susceptible to soil blowing, hence good ground cover is desirable to eliminate "blowout" conditions. Soil conditions of this type a m low in farming productivity. Well engineered and correctly in- stalled septic tank systems and filter leach systems function properly in this type soil. 303/857-2930 - 303/629-0432 - 303/785-2291 140 DENVER AVENUE- FORT LUPTON,COLORADO 80621 Weld County Planning Services Janaury 21, 1983 Page 2 The attached material includes a copy of a deed showing ownership by the Burkhardts and a copy of a purchase contract from CDI Servcies, Inc. fo South Bend, Indiana signed by President Thomas J. Gast. Also a power of attroney for us to represent his firm on this matter. Respectfully, WS-tel(- %-/de Roland Froid RF/mck Attachments Weld County Planning Services Addendum to letter dated 1-21-85 The change of zone of this parcel fits a -pattern already beginning to take form in the area. Colorado Highway 52 has become a main -artery for 1-76 east to Highways 83, I-25 and Boulder—Longmont Diagonal. This one factor is attracting other businesses to this part of the county as it has the CDI Services, Inc. of South Bend, Indiana. Other firms -have been exploring the relocation of their operations out of the Denver Metro counties, yet be close enough to that market. The City of Fort Lupton has recognized this fact by the formation of future growth plans to include commercial and industrial zoning on both sides of Colorado Highway 52 from the city limit eastward towards the subject property. This change to Commercial-3 zone for a truck maintenance shop would be compatible to the I-3 zoned land on its west boundary and should be compat- ible with most future commercial and industrial developments in the area. The surrounding land to the west and north is zoned Industrial and is currently in the city limits of Fort Lupton. The land to the south and east is -zoned agricultural and is comparable to the subject in current land use as dry pasture. To the southwest of subject are smaller tracts with homesites. The addition of this firm in the area should not increase noise level more than is currently being experienced. Not all of the company' s trucks will be at the business at the same time. Highest peak period could potentially be Fridays to Sundays. The closest residence is approximately 600 feet west of subject , however, this is adjacent to the west boundary line of the aforementioned I-3 zoned aprcel. Another residence on 35 acres is east approximately 2300 feet or just under one half mile. The site will be supplied electricity and natural gas by Public Service Company of Colorado. A copy of a letter from Public Service is attached and indicates public utilities are available. An individual well application is on file with the State Division of Water Resources at this time. A copy of which is attached. A Weld County Health Department approved septic system shall be installed. The soil on the subject parcel is described on an attached engineer' s letter as fine sand, sand and sitly sand. The trucking company owner plans to level only a part of the subject needed for the initial operation, leaving the balance of the land as it is. The plans are to overlay with adequate base of gravel and rock so as not to impede the operation of his trucks. This base would allow adequate drainage and hold down "ilowout" conditions. Plans are to construct an 80' x 80' steel building taking the type of soil into consideration by engineering adequate concrete footing, foundations and ramps to meet engineer' s requirements. An Weld County Planning Services Addendum (cont. ) engineer' s report is attached addressing these requirements. Please note the owner of the tin Services, Inc. has constructed five of -this same type building from Indiana to Gulf Port, Mississippi, completing two within the past six months. 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' Arr., } 1 -ft ay, ,;-,...j- ' ,y a k,-5, vi .' is .F TF` `4+5+g 5 �. f "/ + 5 x rvt. , zl¢ , ' 'y i gVr R ,n • l,° i6 P T. 4`t `,!Er x c e +2 ,16 pit DI d4' ,# t r :«t d ! �- -al ,w k . t rsl rt `i ` .; t ,. ;, -...._ +Axl "// T4 t WRJ-5-Rev. 76 CL_JRADO DIVISION OF WATER RESOI.rnCES RECEIVED 818 CentennialBldg., 1313 Sherman St., Denver, Colorado 80203 FEB 0 6 1985 PERMIT APPLICATION FORM WATER RESOURCES Application must STATE-ENGINEER be complete where ( X) A PERMIT TO USE GROUND WATER COLO. applicable. Type or ( X) A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: ( x) A PERMIT TO INSTALL A PUMP INK.No overstrikes or erasures unless ( ) REPLACEMENT FOR NO. initialed. ( ) OTHER WATER COURT CASE NO.-- (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME Theodore W. Burkhardt Receipt No. J Z V / 15047 cola. Hwy 52 STREET Basin Dist. CITY Fort Lupton, CO 80621 (State) (Zip) CONDITIONS OF APPROVAL TELEPHONE NO. 857-2681 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the_applicant that no injury will occur to another vested water right or preclude another owner of a vested water County Weld right from seeking relief in a civil court action. Pt SW4 of the NE4 /a, Section 3 Two. 1 Rng. 66 W 6th P.M. a.s e.W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 25 GPM Average annual amount of ground water to be appropriated (acre-feet): 7 acre foot Number of acres to be irrigated: Less than one (1) _ Proposed total depth (feet): 900 Aquifer ground water is to he obtained from: Laramie — Fox Hill Owner's well designation GROUND WATER TO BE USED FOR: ( 1 HOUSEHOLD USE ONLY - no irrigation (0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( X) IRRIGATION (6) (X ) COMMERCIAL (4) ( X ) MUNICIPAL (8) • ( ) OTHER (9)� APPLICATION APPROVED DETAIL THE USE ON BACK IN Ill) PERMIT NUMBER (4) DRILLER DATE ISSUED _ Name Licensed Driller in Colorado ___ _EXPIRATION DATE Street City (STATE ENGINEER) (State) (7,p) BY-�-- T.,tr,,,hnnn Nn ( i.- Nn (5)THE LOCATION OF THE PR( SED WELL and the area on (6) THE V. L MUST BE LOCATED BELOW i which the water will be used must be indicated on the diagram below. by distances from section lines. Use the CENTER SECTION (1 section, 640 acres) for the well location. + I 1990 ft. from North sec. line _ .1._ ........ + — ± — T — — .4. _i_ — + (north or south) }d 1 MILE.5280 FEET______.l I 2300 ft. from East sec. tine 1 + .. ' (east or wrist) I i_ + +- + + + 4 LOT BLOCK FILING so . 1 i + — -4- - ' NORTH SECTION LINE - + - , SUBDIVISION I ' I I , (7) TRACT ON WHICH WELL WILL BE NORTH w �I m LOCATED Owner: Rttrkhardt- ? J T D + No.of acres 20 Will this be J N O I ' m ' the only well on this tract? Yes 3 (8) PROPOSED CASING PROGRAM i z y I r—I Plain Casing w rt - - "' f 6 5/8 in.from 0 ft. to 600 ft. 1 i 1 { in.from ft. to ft. t — -+- - I _L Perforated casing SOUTH SECTION LINE — �' I I I 5 7/8 in. from 600 ft.to 900 ft. + 1 j" --i- -t- -t-. -4- -1- --l- in.from ft.to `t. I i I (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans-for plugging 4-- — -r- --- + — - - +- - -I-- -- -I-- - - -I- it: The scale of the diagram is 2 inches= 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (ctsl . . .449 gallons per minute(gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot . .43,560 cubic feet . . 325.900 gallons. 1.000 gpm pumped continuously for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Theodore Burkhardt No. of acres: 20 Legal description: SW4NE4 Section 3, T1N, R66W of the 6th P.M. , Weld County, Colorado (11) QETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Ccmmercial well single business operation of -truck repair shop and office. A septic system approved by the county health department. . (12)OT-HER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used none (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SI-4a 477:171,-,‘,.../ ./7././ ,,,e.e_A/z S�NATURE OF APPLICANT(SI i i ; (Isc. arlditir,r.,l sh..tc of n.rinr :• m ern •, i<: ror,.,.rnr4 RECEIVED i Q S-1-July 1, 1983 FEB 0 6 1985 °" WATER RESOURCES COLORADO DIVISION OF WATER RESOURCES sun- ,q1ryEER 818 -CENTENNIAL BUILDING oml. 1313 Sherman Street 4" Denver, Colorado 80203 . LANDOWNERSHIP AFFIDAVIT STATE OF COLORADO ) SS COUNTY OF ) The affiant(s) Theodore W. Burkhardt whose 7,1 mailing address is 15047 Colo. Hwy 2 . Fort ii to (Street) tcity) P Colorado , 80621 , being duly sworn upon oath _deposes (State) (Zip Code) and says that he (she) (they) is (-are) the owner(s) of the following described H property consisting of 20 acres and situate in the County of li Weld , State of Colorado. o That part of the NE4 Section T1N R66W of the 6th Beginning , P.M. , ginning at the. center H of said Section, thence north 1320' thence east a distance of 660' on a line that is parallel to the south line of said NE4; thence south 1320' to said south line ,: i NE4; thence west 660' to the point of beginning. Except ROW for Colorado State Highway 52, being a strip 50' in width. Together with an access to Colorado State Highway 52. Except and reserving unto the grantors all oil , gas and other minerals, and subject to the existing oil and gas lease of record. and, that he (she) (they) or their predecessors have not given up their sight i to appropriate the unappropriated nontributary ground water, from the Laramie - Fox Hill Aquifer underlying the above-described 1-and. Further, the affiant(s) depose(s) and say(s) that he (she) (they) has (have) read the statements -made herein; knows the contents hereof; and that the same are true of his (her) (their)�/ /� own y/ knowledge.1 ,Ii. /? ,..4/44e-Subsc9bed and sworn to before me this S, day of Antic , 194. My Commission expires 4-'6z, c' 4 C) 4 *14074.QpleAT�' ?* 1No ary Public / . ,et l.+ew7,, 7 . _ / ! O' !j� a �2 ."tc zi_ •,, J1L h ,,c :D_, lv.xe A' 7• .'`a`: ` (see instructions on other side) ,f C.,2! ---,1,..'••,'•,:•F0p c0v°2 Public Service Public Service Company of Colorado Platte Valley Division P.0. Box 158 Brighton,Colorado 80601 January 16, 1985 Mr. Roland Froid Sears Realty 140 Denver Avenue Ft. Lupton, CO 80621 Dear Roland, Gas is available along Hiway 52 between Roads 31 & 33. Costs will be determined by load requirements should they mandate main _reinforcement and the length of service to the meter location. Commercial customers are allowed a $1,200.00 construction allowance. A meter set fee ranging from $100.00 to $400.00 depending on meter size will also be billed. Should yon have any questions I can _be reached at 857-6661 . Sincerely, Antonio Trujillo, District Marketing Representative AT:eg I ...— owner 60 INN'. deer •• VI CONTAINS: I 8 20.000 -Acres T,8 W more or less. CI O', a • ; ail ; ri � , " • a ; • • _ _ . T... • , ,,7 .._• . . ii . • t I. . ., Proposed ., IIC-311 Zoning II II ,, I, : ; 1 '1 I I 00 f:. isro00°7— a°° ♦^ se CeM"• "t " COLORADO STATE HIGHWAY 52 TW,aMY LEGAL DESCRIPTION: That part-0f the Northeast one-quarter of Section 3, Township I. North, Mange 66 West of the 6th Principal Meridian, Weld County, Colorado, described as: Beginning at the center of said Section 3; thence N00°08'53"E on an assumed bearing along the West line of said Northeast one- quarter a distance of 1320.00 feet; thence N90 00'00•E parallel with the South line of said NE% of Section 3-a distance of 660.00 feet; -thence 300006'33•W parallel with said West line a distance of 1320.00 feet to said South_line; thence S90°00'00"W along said South line-a dis- tance of 660.00 feet to the POINT OF BEGINNING. Subject to -R.O.W. for Colorado State Highway No. 52. Contains: 20.00 acres more or less, _including Colorado State Highway No. 52 R.O.W. Jninxas NOIIVAZIalbN00 lIOS `- a}ln,L'In0I2InV 30,LN3F%LLUVd0U 's 'n „, - _�,_ __ 'N Z 1 N i 1 Th1 -. N , ,,L„ , , .a. ;LI,P.. ,' ' b m $ 0• � C ir... . n . mot" 7. I',..I,,I,4Irl t. ,or, i:44, 14 Ik',1It ' tir: ...11t,t :II .*, i . ' Lip?, tipiest �J a^f+ R a l to i ,, co im _ i M • Fw. 1 a ` �" ¢ia'n _ p�1 Y 3 ' .p M , _ k .j.=, r:.< �" 'L ` ita aII''^ b rrat'� a 0 e -444‘11.".44.-4? .. tt a }$y� Yvr. 1 Y) • i Y P�" • da r AFB" @.. n. .he ? ^ re ,,,c gx .r m r �.i; (t rr O1 ipii ii or p , • jilt"III! N .N •IIS # N ,at -... JIJIJYd NpIIJII t g • C“.! ! M r�a o y m 0 r e 2_, 4 � ^ `.�' • m 4 -ter 1, ce .aAi .y , v tp � ,�/ N ti4 <,,, N M r � N rc'".air ^ r y ^o' x' i x. !eV**, 'y y .,:::41:-' o ., rot ) '.'Ifl' o Y . L._ ,a m WELD COUNTY, COLORADO, SOUTHERN PART 46 range condition deteriorates, the sand bluestem, The potential vegetation is dominated by sand switchgrass, sand reedgrass, sideoats grama, and little bluestem, sand reedgrass, switchgrass, sideoats grams, bluestem decrease, forage production drops, and sand needleandthread, little bluestem, and blue grams. Poten- sage increases. Undesirable weeds and annuals invade tial production ranges from 2,500 pounds -per acre in and "blowout" conditions can occur as range condition favorable years to 1,800 pounds in unfavorable years. As becomes-poorer, range condition deteriorates, the sand bluestem, Management of vegetation on this soil should be based switchgrass, sand reedgrass, sideoats grams, and little on taking half and leaving half of the total annual produc- bluestem decrease, forage production drops, and sand tion. Seeding is desirable if the range is in poor condition. sage increases. Undesirable weeds and annuals invade Sand bluestem, sand reedgraas, indiangrass, switchgrass, and "blowout" conditions can occur as range condition sideoats grams, little bluestem, and blue grama are suiea- becomes poorer. We for seeding. Because this soil is susceptible to soil Management of vegetation on this soil-should be based blowing, it should be seeded using an interseeder, or the on taking half and leaving half of the total annual produc- seed should be drilled into a firm, clean sorghum stubble. tion. Seeding is desirable if the range is in poor condition. Seeding early in spring has proven-most successful. Brush -Sand bluestem, sand reedgrass, indiangrass, switchgrass, management also can help in improving deteriorated side-oats grama, little bluestem, and blue grama are suita- ge' ble for seeding. Because this soil is susceptible to soil Windbreaks and environmental plantings are fairly well blowing, it should be seeded using an interseeder or the suited to this soil. Blowing sand and the moderate availa- seed should be drilled into a firm, clean sorghum-stubble. ble water capacity are the principal hazards in establish- Seeding early in spring has proven most successful. Brush ing trees and shrubs. The soil is so loose that trees should management can also help in improving deteriorated be planted in shallow furrows, maintaining vegetation range. between the rows. Supplemental irrigation is needed to Windbreaks and environmental plantings are generally insure survival. Trees that are best suited and have good not suited to this soil. Onsite investigation is needed to survival are Rocky Mountain juniper, eastern redcedar, determine if plantings are feasible. ponderosa pine, and Siberian elm. The shrubs best-suited Wildlife is an important secondary use of thisaoil. Ran- are skunkbush-sumac, lilac, and Siberian peashrub. geland wildlife, for example, the pronghorn antelope, can Wildlife is an important-secondary use of this soil. The be attracted by developing livestock watering facilities, cropland areas-provide favorable habitat for ring-necked managing livestock grazing,and reseeding where needed. pheasant and mourning dove. Many nongame species can This soil has fair potential for urban development. The be attracted by establishing areas for nesting and-escape chieT limiting soil-features are the rapid permeability and cover. For pheasants, undisturbed nesting cover is essen- the susceptibility to soil biowing. Septic tank absorption tial and should be included in plans for habitat develop- fields function properly, but in places the sandy sub- ment, especially in areas of intensive agriculture. Range- stratum does not properly -filter the leachate. Sewage land wildlife, for example, the pronghornantelope, can be lagoons must be sealed. Once established, lawns, shrubs, attracted by developing livestock watering facilities, and trees grow well. Capability subclass VIe irrigated, managing livestoekgrazing, and reseeding where needed. Vie nonirrigated;-Deep Sand range site. This soil has fair potential for_urban development. The 71—Valent-Loup complex, 0 too percent slopes. This primary limiting soil features are the rapid permeability level to moderately sloping map unit occupies hills, ridges, and the susceptibility to soil blowing. Septic tank absorp- and -depression or pothole-like areas in the sandbills at tion fields function properly, but in-places the sandy sub- -elevations of 4,670 to 4;700 feet. The Valent soil makes up stratum does not properly filter the leachate. Sewage about 60 percent of the unit, the Loup soil about 35 per- lagoons must be sealed. Once established, the lawns, cent. About 5 percent is-dune sand. The Valent soil occu- shrubs, and trees grow well. Capability subclass IVe ir- -pies the hills and ridges and the Loup soil the depressions rigated, Vie nonirrigated; Deep Sand range site. or potholes. 70—Valent sand, 3 to 9 percentslopes. This is a-deep, The Valent soil is deep and excessiveiy drained. It excessively drained soil on-plains at elevations of 4,650 to formed in eolian deposits. Typically the surface layer is 5,100 feet. It formed in eolian deposits. Included in brown-sand about 8 inches thick. The underlying-material mapping are small areas of soils that have lime -within a to a depth of 60 inches is brown sand. depth of 40 inches. Also included-are small areas of soils Permeability is rapid. Available water capacity is that have sandstone-between 40 and 60 inches. moderate. The effective rooting depth is 60 inches or Typically the surface layer of the Valent soil is brown more. Surface-runoff is -slow, and the erosion hazard is sand about 6 inches thick. The underlying material to-a low. depth of 60 inches is brown sand. The Loup soil is deep and poorly drained. It formed in Permeability is rapid. :,vailable water capacity is sandy alluvium. Typically the surface layer is very dark moderate. The effective rooting depth is 60 inches or grayish brown, mottled loamy sand about 16 inches thick. more. Surface runoff is slow, and the erosion hazard is The underlying material to a depth of-60 inches is light low' brownish gray, mottled loamy sand and-sandy loam. WELD COUNTY, COLORADO, SOUTHERN PART 103 TABLE 6.--BUILDING SITE DEVELOPMENT--Continued Soil name and Shallow Dwellings Dwellings Small Local roads map symbol excavations without with commercial and streets basements basements buildings 6, 67 Moderate: Severe: Severe: Severe: Severe: Jlm too clayey. shrink-swell. shrink-swell. shrink swell. low strength, shrink-swell. 3* Severe: Moderate: Moderate: Moderate: Moderate: 'Jstic small stones, slope. slope. slope. slope. Torriorthents cutbanks cave. 9 Severe: Slight Slight Slight Slight. '✓alent cutbanks cave. 0 Severe: Slight Slight Moderate: Slight. Valent cutbanks cave. slope. 1t: '✓alent Severe: Slight Slight Moderate: Slight. cutbanks cave. slope. Loup Severe: Severe: Severe: Severe: Severe: wetness, wetness, wetness, wetness, wetness. cutbanks cave. floods. floods. floods. 2---- [Slight Slight Slight Slight Moderate: Vona low strength. 3, 711 Slight Slight Slight Moderate: Moderate: Vona slope. low strength. 5, 76 Slight Slight Slight Slight Moderate: '✓ona low strength. Slight Slight Slight Moderate: Moderate: Vona slope. low strength. 8, 79 Slight Moderate: Moderate: Moderate: Moderate: Weld low strength, low strength, low strength, low strength, shrink-swell. shrink-swell . shrink-swell . shrink-swell, frost action. D--- - Slight Moderate: Moderate: Moderate: Moderate: Well low strength, low strength, low strength, low strength, shrink-swell. shrink-swell. slope, shrink-swell, shrink-swell . frost action. 1i 82': Wiley Slight Moderate: Moderate: Moderate: Moderate: low strength, low strength, low strength, I low strength, shrink swell. shrink-swell . shrink-swell . shrink-swell . Colby Slight Slight Slight Slight Moderate: low strength. 3': Ailey Slight Moderate: Moderate: Moderate: Moderate: low strength, low strength, low strength , low strength, shrink-swell. shrink-swell. slope, shrink-swell. shrink-swell . Colby Slight Slight Slight Moderate: Moderate: slope. low strength. * See map unit description for the composition and behavior of the map unit. j., 114 SOIL SURVEY TABLE 9.--WATER MANAGEMENT--Continued Soil name and 1 Pond Embankments, Drainage Irrigation Terraces rac waterways Grassed map symbol reservoir dikes, and diversions _ __ areas levees ISlo a Piping, Slope, Slope, Slope, Slope, 63 P , to roc , Terry depth to rock, thin layer. rooting depth. s blowing• soil.blowing• soil s blowing. depth, seepage. soil Slo e, Depth to rock Rooting depth. - 5T Depth to rock, Low strength, Slope, P depth to rock. rooting depth. Thedalund slope. thipipnn layer. 65 - Depth to rock, Low strength, Slope, Slope, Depth to rock Slope, Thedalund slope. piping, depth to rock. rooting depth. rooting depth. thin layer. Favorable Low strength, Favorable Peres slowly, Peres slowly--- Erodes easily. 65 Ulm shrink-swell, erodes easily. compressible. Slope, Peres slowly--- Erodes easily. 67 Slope Low strength, Slope eres slowly, Ulm corpresswble, erodes easily. compressible. Slope- Slope, Too sandy, Droughty, 65' Seepage Seepage droughty. slope. slope. U stir slope. Torriorthents 59 Seepage, ;Piping, Slope Slope, Erodes easily, Erodes easily. slope. ; seepage. erodes easily, piping. 'J agent droughty. Slope, Erodes easily, Slope, TD Seepage IPseep I seepage. ;Slope erodes easily, piping. erodes easily. Valens slope. droughty. ; 71': Erodes easily, Slope, talent Seepage, Piping, Slope Slope, slope. seepage. erodes easily, piping. erodes easily. droughty. Loup Seepage :Seepage, Poor outs ca, Wetness, Not needed Not needed. piping. cutbanks cave. ; seepage. Slope Slope, Piping, Erodes easily. 7>. 73 Seepage Piping,erodes easily, fast intake, erodes easily. Vona slope. seepage. seepage. 74 - Seepage, Piping, Slope Slope, Piping, Slope,Vona slope. erodes easily, fast intake, erodes easily. erodes easily. seepage. eepage. 75 Seepage, Piping, Favorable Fast intake, Piping, Erodes easily. Vona • slope. erodes easily, seepage. erodes easily. seepage. Slope Slope, Piping, Erodes easily. 75 a7 Sslope, Piping,erodes easily, fast intake, erodes easily. Vona slope. seepage. eepage. Peres slowly. 73 Seepage ,Low strength--- Peres slowly--- Peres slow intake. Piping,peres slowly. Weld ; Slope, Piping, Peres slowly. 79, 60 Seepage stow strength--- Slope, eres slowly. pe res slowly. slows ntakey, p Weld slow intake. , Erodes easily. 51i: Wiley Slope, Piping, Peres slowly--- Favorable Piping seepage. low strength. Colby Seepage Lou strength, Favorable Favorable Favorable Favorable. piping. See footnote at end of table. WELD COUNTY, COLORADO, SOUTHERN PART 131 TABLE 13.--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS--Continued 1 Risk of corrosion Erosion Wind Soil name and Depth: Permea— :Available; Soil Salinity Shrink- factors -erodi- map symbol ; biltty 1 water ;reaction swell Uncoated Concrete , bility :capacity Lpotential -steel K T group In In/hr I In/3n PH Mmhos/cm 50": Renohill 0-9 0.2-0,6 ;0.17-0.21 6.6-7.8 <2 Moderate High Low 0.37- 3 6 9-32 0.06-0.2 ;0.14-0,16 6.6-8.4 (2 High High Low 0.32 32 --- ___ --- 51 0-11 2.0-6.0 0.16-0.181 7.4-8.4 <2 Low High Low 0.24 ; 1 3 11 Tassel 11 --- 52, 63 0-6 2.0-6.0 10.13-0. 15: 7.0-7.8 (2 Low Moderate Low 0.20 2 3 Terry 6-18 2.0-6.0 10.13-0.151 7.0-7.8 <2 Low Moderate Low 0.20 18-37 2.0-6.0 ;0.13-0.15: 7.9-8.4 <2 Low High Low 0.20 37 --' : --- --- --- 64, 65 0-8 0.6-2.0 0.16-0.18 7.9-8.4 <2 Low High Low 0.32 2 4L Thedalund 8-25 0.6-2.0 0.16-0.18 7.9-8g4 <2 Low High Low 0.32 25 --- --- ___ 66, 67 0-5 0.6-2.0 0.16-0.18 6.6-7.8 --- Low High Low 0.32 5 6 Ulm 5-19 0.06-0,2 0.19-0,21 7.4-8.4 <2 High High Low 0.37 19-60 0.6-2.0 0.19-0.21 7.9-8.4 <2 Moderate High Low 0.37 68* 0-60 Ustic Torriorthents 69, 70 0-8 6.0-20 0.07-0.12 6.6-7.3 --- Low Low Low 0.10 5 1 Valent 8-60 6.0-20 0.05-0.10 6.6-7.8 <2 Low Low Low 0.10 71*' Valent 0-8 6.0-20 0.07-0.12: 6.6-7.3 --- Low Low Low :0.10 5 1 8-60 6.0-20 0.05-0.101 6.6-7.8 <2 Low Low Low 10.10 Loup 0-16 6.0-20 0.10-0.141 6.6-8.4 <2 Low High Low 10.17 5 2 16-60 6.0-20 0.06-0.081 7.4-8.4 <2 Low High Low 10.17 72, 73, 74 0-6 6.0-20 0.09-0.111 6,6-7.3 --- Low Low Low 10.10 5 2 Vona 6-28 2.0-6.0 :0.12-0.14 6.6-8.4 <4 Low High Low 10. 10 28-60 6.0-20 :0.08-0.11 7.4-8.4 <4 Low High Low 10.10 75, 76, 77 0-6 2.0-6.0 0.11-0.13 6.6-7.3 --- Low Low Low :0.10 5 3 Vona 6-28 2.0-6.0 0.12-0.14 6.6-8.4 <4 Low High Low 0.10 28-60 6.0-20 0.08-0.11 -7.4=8.4 <4 Low High Low 0.10 78, 79, 80 0-8 0.6-2.0 0.16-0.21 6.6-7.3 <2 Low Low Low 0.32 5 6 Weld 8-15 0.06-0.2 0.19-0.21 6.6-7.8 <2 High Moderate Low 0.28 15-60 0.6-2.0 0.16-0.21 -7.4-8.4 <2 Low High Low 0.28 81*, 82*, 83*: Wiley 0-11 0.6-2.0 0.19-0.21 7.4-7.8 <2 Low High ;Low 0.37 5 1 4L 11-60 0.6-2.0 0.19-0.21 7,9-8.4 <2 Moderate High :Low 0.37 Colby 0-7 0.6-2.0 0.20-0.24 6.6-8.4 <2 ;Low :Moderate :Low 0.37 5 : 4L 7-60 0.6-2.0 0.17-0.22 7.4-8.4 <2 :Low :Moderate :Low 0.37 * See map unit description for the composition and behavior of the map unit. O eiglir a w > O ,_ Z Z m Ic w m _ /W is NV�JbOW laOJ cq zW m -� �- if1 /W L S NGSU(IH _ r c w ~ �ws + H LLI IS 7,. o�� 7� - -1 i � 1� II ,�'�o ��/-\--5O eo 5os -y �i —� Z o4,y P?y zl/ ii I bye' 41 i II / � ii — 6 l bII / /\ w II `0° y I I �O� a N°� _ /1"7— u; I 17 / 7 o1 'eiro -- - ro il 0 LthTIL / / / I\ sillIV I n �,� ;% II ir a\l_R_J 4/31 -7 4 . —— s J / xv h ssn •e "—`l1�'1 lia 2 . — • •�� .�� O• I G�l� O �' 1I1� ...Apr'-:! � � �• 1 ,0 m t�. NolNn 1 � •• .• • • Ih I�,�J ',lc-C. 0 m "� -I �� ' � b a mm i v .4." r� ; 4.1 !' '.• ''; 0- N-.-.y.:1]....!,1:Iw r :. ' J� ' . Al N4 /3 •�11m11''� -qoy ,; �y N �1 s I i N , { ( ) -• a a • m - 1 N.. o [ Cid ) JUDITH L . HAMILTON Consulting Geologist and Engineer GROUND - WATER AND ENGINEERING GEOLOGY 2951 Curtis Street • Denver, Colorado • 80205 • (303) 296-94G7 February 13, 1985 Mr. Roland Froid J.L. Sears & As-soc. 140 Denver Avenue Ft. Lupt-one Colo. 80621 Dear Mr. Froid : As you requested, I evaluated mineral resources on the 20-acre pro- perty in the NE4 of Section 3, T1N, R66W, Weld County, Colorado. My investigations included a review of geological literature on the site area, study of well data from the State Engineer's Office files, and review of electric logs of oil and gas holes from the State Oil and Gas Commission files. In my opinion, there are no economic deposits of sand and gravel on this property. The coal is too deep and thin to be economically mined; however, there is a remote possibility that in-situ gasi- fication of the coal could be utilized in the future. Soils and Geolo . Soils on the property are mapped by Crabb as Valent sand 3-9° slopes. This is described as a deep, excessively drained soil on plains formed in eolian deposits. Typically the surface soil and underlying material to a depth of 60" are brown sand. The soil is classified as fine sand to sand, SP-SM, AASHO classifications A-2 and A-3, non-plastic , with 5-30% of the material passing the #200 sieve. Permeability is 6.0 to 20 inches/hour, shrink-swell potential is low, and corrosion potential is low. The material is described by Crabb as being a fair souce of sand, but unsuitable as a source for gravel. Soister maps the surficial material as eolian sand, as does Hart. Smith, Schneider and Petri map the property as Laramie formation; however, the bedrock is now classified as Arapahoe (Robson, Romero and Zawistowski) . Well logs in the area indicate the uppermost 10- 34 feet Zs sand, underlain by clay or shale. Omlog indicates sand and gravel below the clay. Sand and Gravel. As described above, the surficial material on the property is sand. Most of the driller' s logs are fairly general , but a log in Colorado Ground Water Circular 9, from the NW NNW4NW- Section 2, T1N, R66W. shows fine to medium sand to 5 feet, with very fine to fine sand containing mica 5 to 15 feet , and sandy clay con- taining silty sand and fine gravel from 15 to 30 feet. This material -is suitable for roadfill. -However, if the overbur- den is excavated, a considerable decrease in the value of the pro- perty will result due to th-e lowering of the ground surface eleva- tion. Also, if material is excavated to clay, it is likely that the foundation material would likely be swelling, resulting in in- creased expeditures for foundation design and treatment, as well as the possibility of damage to structures. The sand is likely -to be unsuitable for construction aggregate because of the presence of fines. Washing would be required, which would necessitate either the transport of the material to other-locations or the transport of water to the site. For these reasons, it is my opinion that it would be uneconomic to mine the sand on the property. Coal. Coal underlies the property in the Laramie formation. Kirk— ham and Ladwig show the depth to the top of the Laramie formation coal zone as greater than 600 f-eet (their Plate 1, Fig. 1) , -but do indicate that the thickness of the coal in the immediate vicinity is 5 feet or greater (their Plate 1, Fig. 2) . My analysis of elec- tric logs in the area indicates that the coal in general is in thin beds separated by large thickness of shale and some sandstones. Because of the depth to the coal, the thinness of the beds, and the relatively small total thickness of the beds, it is my opinion that it would be uneconomic to mine the coal underlying the subject pro- perty. However, there is a remote possibility that in-situ gasifi- cation could be utilized in the future. In such a case, methods would have to be devised by the developer of the in-situ gasifica- tion to -ensure that subsidence of the overlying land did not occur. Respectfully submit a, t 'a Judith L. Hamilto?i,o P.E. . Engineering Geolo ;1 't • ,,, '''.: 2 , . REFERENCES Crabb, James A. , 1980. Soil Survey of Weld County, Color-ado, Southern Part. U.S. Dept. of Agriculture, Soil Conservation Service. Hart, Stephen S. , 1974. Potentially Swelling Soil and Pock in the Front Range Urban Corridor, Colorado. Colorado Geological Survey Environmental Geology No. 7. Kirkham, Robert M. and Ladwig, L.R. Coal Resources of the Denver and Cheyenne Basins, Colorado. Colorado Geological Survey Resources Series 5. Robson, S.G. , Romero, John C. , and Zawistowski, Stanley, 1981. Geologic Structure, Hydrology, and Water Quality of the Arapahoe Aquifer in the Denver Basin, Colorado. U.S. Dept. of the Interior, Geological Survey, Hydrologic Investigati-ons Atlas HA-647. Schwochow, S.D. , Shroba, R.R. , and Wicklein, P.C. 1974. Atlas of Sand, Gravel, and quarry Aggregate Resources of the Colorado Front Range Counties. Colorado Geological. Survey Special Publication 5-B. Schneider, Paul A. Jr. , 1962. Records and Logs of Selected Wells and Test Holes, and Chemical Analyses of Ground Water in the South Platte River Basin in Western Adams and Southwestern Weld Counties, Colorado. Colo, Water Conservation Board Basic-Data Report No. 9. Smith, Rex 0. , Schneider, Paul A. Jr. and Petri, Lester R. , 1964. Ground-water Resources of the South Platte River Basin in Western Adams and Southwestern Weld Counties , Colorado. U.S. Geological Survey Water—Supply Paper 1658. Soister, Paul E. , 1965. Geologic Map of the Fort Lupton Quadrangle, Weld and Adams Counties, Colorado. U.S. Geological Survey Map GQ-397. ELECTRIC LOGS Champlin #1 Burkhardt 141-3 (1-66) NENE 3 Amoco UPRR 50 Pan Am "D" No. 1} NENE or NWNW 3 Amoco UPPR Pan Am No. 5 NENW 3 Amoco UPPR Pan Am D #2 SEW 3 Champlin No. 1 Burkhardt 32-3 (1-66) SWNE 3 Amoco UPRR 50 Pan Am B-1 990' FSL 990' FWL 3 Amoco UPRR 50 Pan Am D #1 SESW 3 3 d lJ JUDITH L . HAMILTON Consulting Ground-water and Engineering Geologist 2951 Curtis Street Denver, Colorado 80205 (303) 296-9467 Education Bachelor of Arts in Geology, Smith College, 1961 Master of Science in Civil Engineering (Soils and Foundations) , University of Illinois , 1964 Registration Professional Engineer registered in Colorado, Wyoming, New Mexico Professional Society Membership American Consulting Engineers Council , American Society of Civil Engineers , Association of Engineering Geologists, Consulting Engineers Council of Colorado, National Water Well Association, Society of Women Engineers. Experience 1973 - present: Consulting geologist and engineer Investigations for and preparation of reports on ground-water availability and engineering geologic conditions for proposed industrial , commercial , and residential developments in Colorado. Supervision of construction of monitor holes ranging to 2000 feet in depth to investigate ground-water conditions for open-pit and underground coal mines in Colorado, Wyoming and Montana. Investigations for and preparation of reports on ground-water and geologic aspects of environmental impact analyses for coal mines , Powder River Basin, Wyoming and Montana. Projects included development of a ground-water monitoring program, supervision of well and observation hole construction, well testing, and analysis of results. Development of a ground-water monitoring program for a proposed insitu uranium leaching site, northeastern Wyoming, including locating and designing monitor holes and test wells, conducting pumping tests and analysing results to deter- mine aquifer parameters and effects of mining. Preparation of specifications for water well drilling and construction. Preparation of geologic and hydrologic aspects of permit applications for gravel mines and landfills. Preparation of the ground-water section of the problem identification and quantification report for the Big Sandy River Salinity Study, Wyoming. This included analysis of data to identify sources of salinity, field investiga- tions , and determination of local ground-water conditions. 1969 - 1973: Project Geologist and Engineer, Willard Owens Associates , Inc . Soils and geologic studies, Denver Metropolitan Area. Investigations of high ground-water levels , Aurora, Colorado. Engineering geologic and ground- water availability studies for subdivisions in Colorado. Reservoir seepage studies, Wyoming. Water well and collection gallery system design and development. 1968 - 1969: Assistant Project Engineer, Woodward-Moorhouse & Assoc. , Inc. Field investigation and preparatrn.of reports on foundations for structures. Investigations of drainage characteristics of dredge-fill deposits and field inspection services for foundation of a nuclear power plant. 1966 - 1968: Civil Engineer, U. S. Bureau of Reclamation. Preparation of a feasibility report of a nuclear power-desalting plant proposed for the Santa Barbara Channel area, California. 1964 - 1966: Structural Engineer, Bureau of Reclamation. Various assignments including power plant structure design, field and office geology, specifi- cations, and field inspection of construction operations. 1962 - 1963: Technical Assistant, Northeastern Illinois Metropolitan Planning Commission. Ground-water investigations , northeastern Illinois. Publications : "Effects of Urbanization on Ground-water Levels," 1972. Bull . Assoc. Engr. Geologists , Vol . IX, No. 4, p. 327-334 (with Willard G. Owens) "Geologic Aspects, Soils and Related Foundation Problems, Denver Metropolitan Area, Colorado," 1972. Colo. Geol . Surv. Environmental Geol . Publ . No. 1 (with Willard G. Owens) "The Need for Hydrologic Studies in Urban Planning in Semi-Arid Areas ," 1971. Proc. 3rd Int' l Conf. Women Engrs. and Scientists , Turin, Italy. Foreign lanc�uajes Fluent French, fair German, Italian, Spanish Ac,' AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of the NF4 Section 9, THN, R66w of the 4th P- m. —_ 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. abid7ittied The foregoing instrument was subscri-bed and sworn to before me this day Adu.4Ay , 191Cby / ‘Mua rayia WITNESS my hand and official seal . My Commission expires : My Cc01anmgn Miles°Cipher 14,1987 �p nropr Rmfro v R Impla :N�T.4�Q _ Notary Public � L▪ /BUC . _ t, '` P �. NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Robert M. Perry 1224 BAnnock _ J4710.30QQQ35 William O. Perry Denver, CO 80204 Jean Platte valley Bank 30 North 4th L471030.00037 _ Brighton, CO 80601 Dean E. Milton 15417 Colo. Hwy. 52 147103000036 Karen S. Milton Fort Lupton, CO 80621 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Pt of the NE4 Section 3, T3N, R66W of the 6th P.M. , Weld County, Colorado STATE OF COLORADO ) ss . COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees 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. ?, , IAA The foregoing instrument was subscribed and sworn to before me this .�4_ day of .AAtL 19-erBy PaCAsA Arai WITNESS my hand and official seal . My carom ssion expi lbela ieyYgt��y2�1iii �,\\*, V , Ft Lupton,} � res : ION 07-4 r; Undo Mut Avon 80621 � /ILIo ;I Notary Public A + 22 mom—a—ira.w wryadais ere.a\.rg+wa Cma.4N..1.71- Y'J ! S 1.-.. 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Yn.l..•.w.M1...IN.r.diYr Wlra\.e..•..0ererl WIY dam W.1Od+MlR u ,N-W r OIa a.r.w1 \i.\i Wool t �, < �/kry� 4e1r•�.rl VYari�a ,,yy�t Il e. aeell•.lrYYr+.ly ree/aar �� f d y: �. . .liolrf+..Y.rrl.r..rnwwe.e•err Ink..Ir+r dMr UIIRr t • j,�`, nl.I♦d llr yieari.ellreeeldawwlllepY..1 y.:rYl4+7i ..-:a.1 W.0.. _ UN 0 ' Ia• �.1' / 7+>i � Uw��Mi� 'Y IOU t • C ii,T, v �__.., �.�,W..�.e... .e..� I ,. - QUM Matt la . q .,r , 4...,..L.,....,.,...,,,,.„: „ , 0 ` 1 i�Mi__p+o'r x•at A Y4. r,,y ., . M♦ R . . teak r . tthr; + • ; v • • t f i I y e1 1 C —J •11;%75 Recorded .t/_ o'cloc f a AU.G...t.& 797b d. r. Rectpb„n No. __.16365}1.. ._............... w Y_nvN rEV.;KgRIM Rarpran. • . ".'1^!JLL':T and ;!AJCPRLT RHINEHART, .nhand 'rd llfe, do ,4 I whose address is I'. 0. .cox 79, Route 1, Mahaska Stale Documentary Fee r.. County of ,State of Date.-._10_11-1976 i .._L. _. , for the consideration of S.. • ' :n ''' ii-S:Xt'' T;vIDL[J.1' . I':'I. Ink'n' ED AND NO/100 - r, dollars, in hand paid,hereby sell(s) and convey(e) to -'a • ' •'-r TIIE0D'JIF. U. BU3'91A/DT and MARY E. BURKHARDT, Ilusuind and Wife, in joint tenancy and not as tenants in-coercion, 5 O whose address is 15047 Colorado Hi'hway 52, Fort Lupton County of N '^ Weld , and State of Colorado the following real property in the in y .r o _ County of Weld ,and State of Colorado,to wit: The Northeast Quarter (NEE) and the East Half (E;)Af the East Half (Ell) of the Northwest Quarter (YWi) of Section 3, Township 1 North, Range 66 West of tho bib P. A., County of Weld, State of Colorado, except the following i r-;- - cm described parcels of land: um --1 ' 1 co A. That portion of ate Northwest Quarter (NWT) heretofore conveyed to John Kellerman by deed reccrdec June 22, 1960 in Book 1560 at page 589. ° H. That-portion of the East Hal; of the East Half of the Northwest Quarter (NLfl::7. ) heretofore conveyed to Leonard Mosley by deed recorded April 23, 1971 in 3ooi: 644 as deception No. 1566342, C. That portion of the Northeast Quarter (NE}) heretofore conveyed to Johnnie L. and Karen J. Norris by deed recorded June 13, 1974 in Book 717 as Reception No. 1633567. D. That portion of the herein described property heretofore conveyed to Weld )66' b' l' h County by Deed recorded in 3ook 1016 at-page 91. 9, 1 • • with all Its appurtenances,and warrant(a) the title to the same,subject to the general taxes for 1476, due and payable in 1977, which said taxes the grantees herein assume and agree to pay, also subject to Oil and Cas Lease of record, and mineral reservations, rights of way and easements of record and/or visually evident. Signed this 10th day of August }� y),19 76. �r- V,ne h Rhinehart fM:r!.LT�-r-1 _... Mitt OF COLORADO, �ee Margo t Rhinehart .ptAIIY ` IL J . 1` .,r d. County of WELD . . • .nidjfuiEgoinQ instrument was acknowledged before me this 10th . day of AuguB. ,1976 ,by • Verne Rhinehart and Margaret Rhinehart, • Husband and Wife. • My commission expires Oc caber 1, 1977. Witness-my hand and-officlal seal. 1 //1�- )- //nnl!�� -("i1.R.!.Lf! IL :..:t..eei.� • Notary Pah CIMWnry Aotnow4Apinnt.If by a.tura,Derma ar Mina hen Insert name or names;if by perear aotbf 1e representative or ott N,tenacity or as stwm.yta-tact then Insert name of p 'maculae attorney-La-fact or other capacity or dem:M- If by ert,...lt r cemmr.,wa tram Inver[nano at moth off leerofficers as the president a'other nn.0 a inch . pet.eon ..n toi REZONING PLAT BURKHARDT ZONE CHANGE Ca . - Diptrict -to District ' N90°00.00"E . 660.00 0 NOTE: d City Limits of tort n o Lupton &'I-2"Zoning o I/2 Mile West. I n in h T er Qj Contains: g 3 I o d 20.000 oa m O' « Acreat « in No 0 m SCALE:I's4001 Existing 0 100 200 400 ---1 "I_3" I . in __I— I 1 660.00 SE Car I �'—S90°0000'W— i LEGAL DESCRIPTION: CENTER Section 3,TIN,R66W. That part of the Northeast one-quarter of Section 3, Township 1 North, Range 66 Meet of the 6th Principallteridian, Weld County, Colorado, described as: Beginning at the center of sail Section 3; thence NOO°08'53"E on an assumed bearing along the West line of said Northeast onr- quarter a distance of 1320.00 feet; thence N90°00'001E parallel with the South line of said NE} of Section 3 a distance of 660.00 feet; thence 300°08'53"W parallel with said West line j distance of 1320.00 feet to said South.line; thence S90°00:00"W along said South-line a dis- tance of 460.00 feet to the POINT OP BEGINNING. Sub)e:t to R.O.W. for Colorado State Highway No. 52. Contains: 20.00 acres more or less, including Colorado State Highway No. 52 R.O.W. SURVEYOR'S CERTIFICATE: I hereby certify that this plat was prepared und'tt my supervision and that the game is correct to the best -o-f my knowledge,.afl' lieg. V Date: JJA,VUARY, /i. /986 • Cecil R. Crowe P.E. i L.S. 12330 Ob� a111 PROPERTY OWNERS APPROVAL: I,4- 1eti yam tt ., • being the sole owners) in fee or the above described property, do hereby request the zoning as -shown on the_attached map. Thy, f regoing certification was _acknowledged before me this '�q y t ,�y Z,ta A.D., 19/3:- Witness my hand and seal. 1�� 't0 My Cbsmiasion Expires: aheleCt K re /fl7 °' �.'. //o .0�tva Ow , 1 Ioh / �6a/ `,!iYk�'INa."i 42±_,,,,;,.///2„,:,-66,, ary -Pub PLANNING COMMISSION CERTIFICATION: This !a to certify that the -Weld Cc•inl.y Planning Commission does hereby recommend to the Board of Commissioners, held County, -Colorado for their confirmation, approval and adoption of this Zmie Change as shown and described hereon this day of A.D., 19 Chairman, Planning Commission BOARD OF COUNTY COMMISSIONERS CERTIFICATION: This 13 to certify -that the Board of County Commissioners, Weld County, Colorado do hereby confirm, approve and adopt thi-s Zone Change -as shown and described hereon this day of' A.D., 19_ ATTEST: County _Clerk Chairman, Board of Co. Commissioners Recorded: Deputy Date: ALPHA ENGR. File 3-/N6-07 C D I Services Inc. P. O. -BOX 2853 SOUTHREND, INDIANA 4%880 ,irt ■ -IreN e-,446 alite PHONE 219/289-9211 December 11, 1984 Mr. Roland Froid J. L. Sears , Inc. 140 Denver Ave. Fort Lupton, CD 80621 Dear Roland: This is a follow-up on the real estate I bought from Burkharts and the rezoning of the parcel. You wanted me to give you some idea of what we are going to do with the property. First of all, we will build a maintenance garage and the facility will house approximately twelve tractors . They will be in primarily Friday, Saturday and Sunday for maintenance ; but these will not be the only days the trucks will be maintained. This is a tractor/trailer operation. The faility would have approximately twenty-two employees. Eighteen of the employees would be truck drivers . These people would be based, naturally, at this location and would come to work at this facility. The first building would be a Varco-Pruden, pre-engineered, garage facility. Later we would probably add an office at the front of it. To start with, we would have a temporary office in the garage. IT you require plans for the building, I can submit them to you. The pictures that I gave you are of a very similar building. Along with running our trucking operation, we would probably do some driver leasing an the property. We would also test and train drivers on this twenty acre facility. i Mr. Roland Froid December 11, 1984 J. L. Sears , Inc. Page - 2 I am sending you a sketch of how -we would use the property. The drawing 3s strictly a drawing. If you have any other questions , you can give me a call at 1-800-348-2485; and I will submit any additional information to you or any other agency. Thank you for your attention in this matter. If you care to call me occasionally, please use the toll—free number to keep one up-to-date on your progress. Very truly yours, CDI E VI , ZNC. Lhomas . Gast President TJG: lcb Encs. fi ti n j7 l//i2ed;Cre/jJ- 7F2/ OArn t-/�Y4 n�rr ncf"KE -ine z /rcwr rrraer m«) ( P apw 10 ccfp'CC /U¢rto - CO 1p ney Le ' / 9> ' �o . &y z is i1 lai; u 1113. 1 {a s _' , #w e ,i ii f r f �, %;4,-,,,t,-.. � 8 W y"44 2 •� t 1 1� &ht- ji II ,- 4 1 t, tI ' i t5 j j +y 0::° , s kit 171 1 41.1 • '<if, j r 1 • 1 31gj) y !: jMa ,�„J, r av m+�+ I- �,� t t' I Y '�' a. � a , , '„,, , 4' . d' it a �„ +. �.g„q.� 1 ti'' t1t� ,•.y 11..: .440y 11 4 4 ^ ffI 2 � fxj yy'1 . I AJ.i y Y •,,G, 1 M 21^f -vs s�C rllt. li Fy, u f� L •�'er'11, -. T l r wNs� J 141 . R x 11 ki-: } $`'"rro f4 t ' 6 % 3 4I�T43,t Ni r. i .'.f, • Es t he e r z • , l i(. s 10 ‘ t,c itrit 7-, , > - `r1',t Mho IN e ! Tti? t { r- yittkirii:/fli j , ri w I e' tr, : ,,� ,� �6 ;i q M1 a -hi''t :i 4 1'44.4>Y Z d 2 ^..� i y ( f ir i a $ V 5 �� { , 1 4 i k-_': 1 ;":-.,t,f ' 1M ' :Rat `171Y,',4:- kr,' I49`01 4 (AM ,ttCP13L4 +o b Q ►1 $ 7.1 & ASSDCIAT REALTORS ®. The-printed portions of this form approved 140 DENVER AVENUE—FORT LUPTON.COLORADO 80821 by the Colorado Beal Estate Commission PHONES: sm/Is,d080 301/82043431 303/reS22N (SC 28-2-81) VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages) THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. December 5 19 84 1. The undersigned agent hereby acknowledges having received from Thomas J. Gast the sum of $ 5,000.00 ,in the form of persona l check .to be held by, J. L. Sears & Associates, Inc. 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: That part of the NE4 Section 3TN, R66W of the 6th P.M. , beginning at the center of said Section, thence north 1320' thence east a distance of 660' on a line that is parallel to the south line of said NE4; thence south 1320' to said south line NE4; thence west 660' to the point of beginning. Except ROW for Colo. State Highway 52, being a strip 50' in width. Together with an access to Colo. State Highway 52. Except and reserving unto the grantors all oil, gas and other minerals, and subject to the existing oil and gas lease of record; together with all easements and rights of way appurtenant thereto,and 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,known as No. to be determined ,and hereinafter called the Property. (Street Address.City.Zip) P Y 2.Subject to the provisions of paragraph 17,the undersigned person(s) Thomas J. Gast (eh/o4dt e4i litii/Adnh(t4/n common),hereinafter called Purchaser,hereby agrees to buy the Property,and the undersigned 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.$ 50.000.00 payable as follows: $ -5,_000.00 ,hereby receipted for: Balance of $45,000.00 in cash or certified funds upon delivery of deed. 4. Price to include: none • and the following water rights: none 5. If a new loan is tobe obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a)apply for such loan.(b)execute all documents and furnish all information and documents required by the Lender,and(c)pay the customary costs of obtaining such loan.Then if such loan is n/a not approved on or before a , 19 ,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. 6. If a note and trust deed or mortgage is to be assumed.Purchaser agrees to apply for a loanyssumption if required and agrees to pay(1)a loan transfer fee not to exceed $ n/a and(2)an interest rate not to exceed n/a %per annum. If the loan to be as- sumed has provisions for a shared equity or variable interest rates or variable payments,this contract is conditioned upon the Purchaser reviewing and consenting to such provisions.If the Lender's consent to a loan assumption is required,this contract is conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. 7. If a note is to be made payable to Seller as partial or full payment of thepurchase price,this contract shall not be assignable by Purchaser without written consent of Seller. 8. Cost of any appraisal for loan purposes to be-obtained after this date shall be paid by n/a 9. Alit/aidtiahJef/01(4,1/IL4 l'/o“s4y,Le414&/dhddatte?dr/a current committment for title insurance policy in an amount equal to the purchase price, at Seller's option and expense,shall be furnished to Purchaser on or before January 1 ,19 85 .If Seller elects to furnish said title insurance committment,Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 10. The date of closing shall be the date for delivery of deed as provided in paragraph 11.The hour and place-of closing shall be as-designated by J. L. Sears & Associates, Inc. II. Title shall be merchantable in Seller.except as stated in this paragraph and in paragraphs 12 and 13.Subject to payment or tender as above pro- vided and compliance by Purchaser with the other terms and provisions hereof.Seller shall execute and delivery good and sufficient general warranty-deed to Purchaser on Or before April 1 19 85 ,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 none other 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 other except the following restrictive covenants which do not contain a right of reverter: none and except the following specific recorded and/or apparent easements: those of record and or visually evident and subject to building and zoning regulations. 12. Except as stated in paragraphs ll and 13.if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing,Seller shall use reasonable effort to correct said defect(s)prior to date of closing.If Seller is unable to correct said defect(s)on or before date of 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 defect(s).Except as stated inparagraph 13.if title is not rendered mer- chantable as provided in this paragraph 12.at Purchaser's option this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder andsll payments and things of value received hereunder shall be-returned to Purchaser. 13.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,Pro- vided,however,at the-option of either party,if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract 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. 19. General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid rents,water rents,sewer rents.FHA mortgage insurance premiums and interest on-encumbrances. if any,and node other shall be apportioned to4ate of delivery of deed. 15. Possession of the Property shall bebelivered to Purchaser on day of delivery of deed .subject to the following leases or tenancies: 16.In the event the Property is substantially damaged by fire,flood or other casualty between the date of this contract and the date of delivery of deed, Purchaser may elect to terminate this contract:in which case all payments and things of value received hereunder shall be returned to Purchaser. 17.Time is of the eesenee-hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,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 PURC-HASER IS IN DEFAULT,then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on be- half oESeller and both-parties shall thereafter be released from all obligations hereunder.It is agreed that-such payments and things of value are LIQUI- DATED DAMAGES,nd are(except as provided in subparagraph(c))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 specificperformance 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. IB.Purchaser and-Seller agree that in the event of any controversy regarding the earnest money or things of value held by broker,unless satisfactory 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 interpleadsny moneys or things of value into the court and may recover court costs and reasonable attorneys'fees, 19.Additional provisions: 1) -Contingent upon obtaining proper and sufficient zoning from Weld County to allow the operation of a truck terminal according to the buyer' s satisfaction within 90 days. 2) Subject to race//iving a commercial well permit. 3) 1 i //..c b s. , t.-C f'"c c t- H 1 i ii ,4 k 1( ,J y-1 1- 1t,t (9 (t a )(S e I 1 t' J o 71 (.3-9 i / / '?; 7 ctr..-.c�E �� '� 1•-t (,)U.� iC p„tt i' e v u�, , Lc_ p_ 1-47 -rt ..- (yetis 1 d e-t.c t �f Yt . Lc,1. Prl ih /� lint 1 y h,.S II J C �� ( iV )oc 1 �.�i 41 i- ti. ' Li 4 ' /J ?..a.ieIbt /a ,t C pc'.,l bitcK ( •4! ,1 oy t• Lr. cc f O \ ,Li ! cc�c `--�- -, f:rs:) ' t` l)J Cc'r j r' C1 , fici OIL Li HI hf ° � ` U tv &43 l c ,J�,. e 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before 12: 0 P.M. Dec. 6th 19 85,this lnstrum nts all become a contract between Seller and Purchaser and shall inure to the benefit of the heirs.suet ssors and assigns of such parties.e eept a>f stated in paragraph 7. i {� Purchaser Broker .O17N -0 le Ler etasJt / e Date Ate-fn�(//� ,, ��/e Purchaser By' -" �"`�� Date Purchaser's Address (The following section to be completed by Seller and Listing Agent) 21.Seller accepts the above proposal this day of December .19 84 ,and agrees to pay a commission of 10 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 shalLbe divided between listing broker and-Seller,one-half thereof to said broker,but not to exceed the commission and the balance to Seller. Seller Seller Seller's Address /5-0 Y 7 (-eC-(l S -,-2 Listing Broker's Name and-Address J. L. Sears & Associates, Inc. , 140 Denver Ave. , Ft. Lupton, CO UPDATE LEGAL FORMS O P O BOX 1815-GREELEY, COLORADO 80632 303/356-3380 (SC 26-2=81) POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that 1 , Thomas J. Gast, President C.D.1. Services, Inc. (name) , the undersigned, of P.O. Box 2853 South Bend, Indiana 46680 _(address) , County of _ State of Indiana __, here- by constitute, make and appoint Roland Froid _ (name) , of 140 Denver Avenue Fort Lupton, CO 80621 (address) , County of Weld , State of Colorado , my true and lawful attorney- in- fact, for the following purpose ; To represent me in the matter of the foregoing attached application for a change of zone _ (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said ap- plication, before the Board of County Commissioners __ ( Board of County Commissioners , Board of Adjustment, etc. ) and to present evidence on my behali before said Board. i =' Subscribed and sworn to before me this /� ? - day of / -- Notary Public My commission expires : m lonexphesato 111117 - \au 141/11iii 1030 Fulton Avenue :,\ v 14! 4, It Lupton,Colorado 80621 'S 0 - . I, NCTT/4 :� 4' o-o—o- 804-79-012 l LAND-USE APPLICATION SUMMARY SHEET Date: March 19, 1985 CASE NUMBER: -Z-416:85:2 NAME: Theodore W. and Mare E. Burkhardt ADDRESS: 15047 Colorado Highway 52, Fort -Lupton, Colorado 80621 REQUEST: A Change of Zone from Agriculture to Commercial-Throe LEGAL DESCRIPTION: Part of the NE1, Section 3, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 -mile east of Fort Lupton; north of Colorado Highway 52 SIZE OF PARCEL: 20 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review are listed in Section 21 .5 of the Weld County Zoning Ordinance. It is the Planning staff's opinion that the application -materials failed to show that the proposal is Consistent with the Weld County Comprehensive Plan or that the present agricultural zoning :.s faulty or that conditions have changed in the area to warrant a change of zone. Commercial growth policies are listed on pages 61 and 62 of the Weld County Comprehensive Ylan. Ile Weld County Future Land-Use Map shows that the subject area is located outside of a future town growth area and it is intended to remain agriculturally zoned. -The propose$ Lhange of Zone is an example of development "leap-frogging" outside of a -projected town growth area. The Fort -Lupton Planning -Commission has reviewed this -proposal and has found no objections with the request. The Department of Planning Services has not -received any -objections from surrounding -property owners with regard lo -this proposal. FIELD CHECK FILING NUMBER: Z-416:85:2 DATE OF INSPECTION: March 8, 1985 NAME: Theodore and Mare Burkhardt REQUEST: Change of Zone on twenty (20) acres from Agricultural to Commercial-Three LEGAL DESCRIPTION: Part of the NE1, Section 3, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 mile east of Fort Lupton _city limits; north of State Highway 52 LAND USE: N Rangeland, Weld County Road 14 E -High power transmission line, rangeland, four (4) re-sidences, turkey farm to the southeast S Colorado State -Highway 52, rangeland, one (1) residence W Building under construction, fuel storage tanks, six (6) residences, tank battery and heater-treat-er—separator, rangeland ZONING: N Agricultural E Agri-cultural S Agricultural W I-3, Agricultural COMMENTS: The subject site is twenty (20) acres of rangeland. Improvements on the property include tank batteries, well head, heater-treater-separator and a steel shed. The property slopes to the south-southwest and has access to Colorado Highway 52, a paved highway. Ten (10) residences are located within one-half (1 /2) mile radius of the proposed truck warehousing facility. By: 411GAS52 . /1.1 Michael S. Mullen Current Planner Mh LINEN 7n T`� ��f. I . ' •- -- - -• �I N _ra...!�._ _ •cox' L- i ma , .°I. i• ; Ar, : : . 4 27 1 n .,21MSAI•.,. e • _,- kt Ens .. 1 / ii. ,T. ••! ,'! ! .a. • •�• De it MKS i i— — — ar . A aI , _._ _ _ . ...T., . gt I ,...._ . , X intrea i: , : , Eta r„, IN _„in. -, - "=:"-. -- it...), f X1!9 �. �I Ii , . I�(A.,•,„,;,) .� I., r, _ _ _ �• __ _• _ I gait h: - , 2 I 3 • I 1• I '•• .Ial �. llslank --- •� 'IIIl IL4^T`VILLT . • I x]" Ti L•• �` �, } II ` x• x. I u I 513 •• A I 1 a a0 • k' ! 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F $N •? 14it`YS•tj` 1 M Y Lii ti ,Z f ii t `, it : t•t♦:...: tz { 8 'kf'aA ':4 Yt-sa - -e^ ^Y .'. t Vii♦ :,1:' r..:/4!i. !F ..ta':.�;;•• ! . .:•.:• Fi.: F L Y. ` .L^ ,T : h as*i :., : y , . x , f rir ( it, DEPARTMENT OF PLANNING SERVICES--,1„ PHONE(303)356-4000 EXT.4400 �� \y' 9T5 10th STREET • I,�� GREELEY, COLORADOA30631 T, c COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, March 19, 1985 at 1:30 p.-m. to review a request for approval of Change of Zone from Agricultural to C-3 -from Theodore & Mare Burkhardt on -a parcel of land described as Part of the NE4 of Section 3, TIN, R66W of the 6th P.M. , Weld County, Colorado containing 20 acres, more or less. The -public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld -County Commissioners' Hearing Room, First Floor, Weld -County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or -objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on March 19, 1985 . Copies of the application are available -for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 44-00. Robert E. Ehrlich, Chairman Weld County Planning Commission To be published in the La Salle Leader To be published one (1) time by March 7, 1985 Received by rLzvC/' ��.0.�e Date: Z /r/ REFERRAL LIST APPLICANT: Theodore & Mare Burkhardt CASE NUMBER: Z-416:85:2 SENT REFERRALS OUT: 2/20/85 REFERRALS TO BE -RECEIVED BY 3/8/85 Cl) Cl) Cl) z O v, o H 2 H H z H 41 C W OH 6 CO O U 2 W H W O W V] fW—, W el O H 44 U G a O U O W U ind W U 2 CO z 2 Oz CO x 2 i.. County Attorney (plat only) / XX Ron Ceretto, Chief ----• �/ Ft. -Lupton Fire Protection / Weld County Health Department District V/ xX 213 3rd Street Engineering Department Ft. Lupton, CO 80621 XX I County Extension Agent / XX Brighton Soil _Conservation J Service 60 S. 27th Avenue XX Office of Emergency Management Brighton, CO 80601 / XX Ken Neff .V// Panhandle Eastern Pipeline P.O. Box 127 XX Bill McMurray Brighton, CO 806_01 Weld County Planning Comm. P.D. Box 161 XX Dave Karpel Brighton, CO 80601 Union Pacific Corporation Rocky Mountain Energy State Engineer -Box 2000 XX Division of Water Resources Broomfield, CO 80020 1313 Sherman St. , Room 818 Denver, Colorado 80203 Xx Champlin Petroleum Co. P.D. Box 1257 State Highway -Department Englewood, CO -80150 1420 2nd Street Greeley, Colorado 80631 r XX Colorado Division of Wildlife J c/o Larry Rogstad, District Colorado Department of Health Wildlife Manager Water Quality Control Division 1528 28th Avenue Court 4210 East 11th Avenue Greeley, CO 80631 Denver, Colorado 80220 / XX Bob Crumb V/ Public Works Director P.O. Box 158 Ft. Lupton, CO 80621 (March 12 meeting) 7/ 1(,, ,., mEmoRnnDum To Michael S. Mullen, Planner 2/25/85 Q Date COLORADO From Mary Paulson, Environmental Health Specialist i'-'li' Subject: U.S.R. # Z-416:85:2 The following items are required to be included in this proposal: 1. All septic systems proposed at this location shall be installed according to the Weld County I.S.D.S. Regulations, including applying for and receiving a Septic Permit. 2. Any industrial waste's generated at this location shall be dis- posed of properly. 1 r—OW.j-LL.:1-J---t:\-'-q--/N 7. 2r 198 r1_ 8 Weld Co. Planning Commission r STATE OF COLORADO DIVISION OF HIGHWAYS P.O. Box 850 e Bps* Greeley, Colorado 80632-0850 r;� �� (303)353-1232 ,��F=;�:`�Goa "�",....„5.0,'o March 6, 1985 Weld Co. , S.H. 52 Burkhardt Zone Change 2-1/2 Mi. E. of S.H. 85 Bus. (Ft. Lupton) on N. Mr. Michael S. Mullen side S.H. 52 Department of Planning Services Weld County DOH File 45100 915 10th Street Greeley, CO 80631 Dear Mr. Mullen: We have reviewed the Burkhardt Zone Change request and have the following comments: 1. Projected traffic on State Highway 52 indicates the need for a 150 foot total right of way, 75 feet each side of the highway centerline. Since the existing right of way is 50 feet north of the centerline, an additional 25 feet should be provided by reservation or, preferably, dedication, as permitted by local regulations. 2. Access to this 20-acre tract is proposed to remain at the location of an existing driveway on the north side of S.H. 52. This is consistent with the State Highway Access Code, since there is no other access available to this property. It appears to be the best location avail-able since it is at the top of a slight rise in the roadway. The change in use of this access will require an Access Permit. Application for this -permit is made to this office at the above address. Turn lanes on S.H. 52 may be required depending on the amount of traffic and type of vehicles using the access. Thank you for the opportunity to review this zone change request. Please contact Wally Jacobson at this office if you have any questions. Very truly yours, ALBERT CHOTVACS DISTRIC ENGkNEE JKC:mbc John 1C. Crier cc: A. Chotvacs District Planning/Environmental Manager D. Yost Area Foreman File: Crier-Jacobson �'.-- ,, m3, c. 7 Weld Cu. ?larlllme. iAmmIssmw 4 , PANHANDLE EASTERN PIPE LINE COMPANY P.-O. BOX T27 BRIGHTON, COLORADO 80601 February 28, 1985 � bli by j i\ty �„-!-19 6:, Mr. Michael S. Mullen Current Planner I /—. Weld County Planning Commission 915 Tenth Street Weld Co. Planning Commission Greeley, Colorado 80631 Dear Mr. Mullen: Please find enclosed a copy of our as-built map which shows our pipeline #14-10-075-628-4" in the hilighted area of the Northeast Quarter of Section 3, Township 2 North, Range 66 West, Weld County, Colorado. We maintain a 50-foot wide right-of-way and will not allow any building within that easement area. The _owner or developer shall have the right to construct and maintain utility lines, streets, sidewalks, and driveways which may be installed at approximate right angles to the pipeline herein authorized, provided, however, that all utilities main- tain 12 inches clearance from our pipeline. No paved or traveled portion of any street, sidewalk, driveway, road, parking area, alley or curbing will be placed substantially parallel to and within ten feet of the pipe- line. In the -event of a proposed crossing with a road or utility, noti- fication of 48 hours is to be given to Panhandle so the line may be properly located to eliminate accidents that can occur from foreign forces. We will be more than happy to work with the developer on this project. If for any reason our line must be moved, it will be at the expense of the developer or the person or persons asking for this move- ment. Sincerely, PANHANDLE EASTERN PITT LINE _C0MPANY Ken J. Neff Right-of-Way Representative KJN/gw enclosures • %at Laptan Sete P4ctect on _:b/thud Our Objective—"Elimination of Hazards" FORT LUPTON, COLO. 80621 March 14, 1985 Department of Planning Services Michael S. Mullen, Planner 915 - 10th St. Greeley, Colo. 80631 RE: Case Number Z-416:85:2 Dear Mr. Mullen, The Ft. Lupton Fire Department and the Fire Protection District has reviewed the application from Theodore W. & Mare E. Burkhardt for a Change of Zone from Agricultural to C-3. The following are the recommendations for your consideration: Require a minimum of a 25 gallon per minute well; Due to being outside the city limits, they must limit the petroleum supply they keep on hand. Approval is recommended for the zoning change providing the fire department will be allowed a full inspection after completion. This response is somewhat late but due to our meeting schedule we were unable to reply earlier. Thank you for considering these comments. Sincerely, rus Donald McPherson President i If ! LJ Weld Co. Planning commission A. AV-IfTty - o RICHARD D. LAMM 9 Governor y O JERIS A. DANIELSON # rye. * State Engineer 1876 7 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 March 12, 1985 Mr. Mike Mullen Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Burkhardt Zone Change NE1/4, Sec. 3, TIN, R66W Dear Mr. Mullen: We have reviewed the above referenced rezoning application which would allow a maintenance garage and office for an over-the-road trucking opera- tion. The applicants have filed a well permit application for a Laramie-Fox Hills well on the property. We cannot comment on our office's decision con- cerning this permit since a detailed analysis by our Ground Water staff is required on all non-exempt commercial permits. We can reconn_end approval of this development if our Ground Water staff will issue a non-exempt commercial well permit which allows a minimum of one acre-foot per year for the garage and office and at least 2.5 acre-feet for irrigation (a maximum of one acre of irrigated land should be allowed) . If the permit allows less than 3.5 acre-feet, irrigation must be reduced propor- tionately. Sincerely, l' 4CP.E. a D. Assistant State Engineer HDS/JBH:ma/4410H cc: Jim Clark, Div. Eng. Steve Lautenschlager ^� , � D 1 1 3)1*, I ' i,'I?5;Ti' Yield Co.-Planning Cnminrssian Is Platte Valley Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 March 13, 1985 Mr. Michael S. Mullen, Current Planner Weld County Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number Z-416:85:2 Theodore W. and Mare E. Burkhardt Dear Mr. Mullen: We have the following comments on this proposal : Soil and drainage appear to have been covered. The plan states "plans are to overlay with adequate base of gravel and rock so as not to impede the operation of his trucks. This base would allow adequate drainage and hold down 'blowout ' conditions". For any area where soil is exposed and gravel or hard surfacing is not applied, this area should be seeded to adapted grass to pre- vent erosion by wind. The -surrounding pasture should be managed to maintaining an adequate stand of grass for erosion control . A vegetative plan should be prepared prior to final approval . Sincerely, Robert Warner, President Platte Valley S.C.D. Board of Supervisors i II , C.`, I : gJ ',v>' :-J' r Wsld Co. Planning Cnmmissinic CONSERVATION DEVELOPMENT - SELF-GOVERNMENT Chc1t� .ter,t- U ioa Pai.I x: t,ugnnPnr, March 21 , 1-985 MaysommeropiE Weld County Board of County Commissioners � �A-AT Ass;tat General Anornev 915 - 10th Street Greeley, Colorado 80631 ,,A t 2r 1985 Weld County Planning Commission 915 - 10th Street Cncnaiission Greeley, Colorado 80631 Weld Co. 41aoo"�°'� RE: Rezoning Application Case No. : COZ-416: 85: 2 Change of Zone on 20 Acres from Agricultural to C-3 Applicant : Theodore W. and Mare E. Burkhardt Ladies and Gentlemen : Champlin Petroleum Company owns the oil and gas which under- lies the 20 acres which is the subject of the above- referenced rezoning application . An oil well which is wholly owned by Champlin is located on the acreage . The drillsite upon which the oil well is located includes certain attendant oil and gas -production facilities such as tank batteries, a heater treater and a retaining pit . In addition , Champlin has recently caused a gas pipeline to be laid across the property, which pipeline runs across the property from east to west . A hearing to consider the above-referenced application -was held before the Planning Commission on March 19, 1985. At the hearing, Mr. Roland Froid , the representative for the developer who is requesting the rezoning , presented the ap- plication to the Commission and requested that that part of the acreage upon which the oil and gas production facilities are located be deleted from the acreage to be considered by the Planning Commission and by the Board of County Commis- sioners for rezoning. I understand that the outcome of the hearing was that the Planning Commission recommended that the rezoning application -be denied for reasons unrelated to mat- ters concerning oil and gas operations . The purpose of this letter is to state Champlin 's position on the rezoning application . The position -which Champlin takes is the same one which Champlin took at the hearing before the Champlin Peru- omnnn, Daove, Rco,w - P.C. Bo. 127' 3 7 Weld County Board of County Commissioners Weld County Planning Commission March 21 , 1985 Page -2- Planning Commission . Champlin has no objection to the appli- cation for rezoning provided that the acreage upon which the oil and gas production facilities is located is deleted from the rezoning application and provided that a condition of the approv-al of the application is that Champlin is granted a 50-foot right-of-way for the _gas pipeline which Champlin has laid across the property. I understand that any acreage which the applicant withdraws from the rezoning application will continue to be zoned agricultural so that oil and gas operations and production will continue to be a use by right. I understand further that the pipeline which is located on the property -which may be re-zoned will become a nonconforming use which will be permitted to continue in accordance with county ordinances governing nonconforming uses . Very truly yours, Molly Sommerville MS/jmd cc: R. M. Moss J. D. Henry T. L. Schindler K. M. Busch J . N. Stahley Roland Froid Lee Morrison Hello