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Home My WebLink About880258.tiff RESOLUTION RE: DENY USE BY SPECIAL REVIEW FOR AUTO SALVAGE - ERIE ROAD JOINT VENTURE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 13th day of April, 1988 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Erie Road Joint Venture, 3701 South Broadway, Englewood, Colorado 80110 , for a Use by Special Review for auto salvage on the following described real estate, to-wit: Part of the Si , Section 15 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Robert Marx, and WHEREAS , Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be denied for the following reasons: It is the opinion of the Board of County Commissioners that the applicant has not shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: The proposed site for a Use by Special Review for an auto salvage and storage operation is located within the urban growth boundary area of the Towns of Erie and Dacono. The request is not in compliance with Urban Growth Boundary Goals 1 and 2 and Urban Growth Boundary Policy 2.C. of the Weld County Comprehensive Plan. The Tri-Area Planning Commission recommended that this use, as proposed, be denied because it is not compatible with the existing and potential uses at the proposed location. Large lot, low density residential and agricultural uses are the predominant existing uses. Pit /C) 880258 Page 2 RE: DENY USR - ERIE ROAD JOINT VENTURE The Town of Erie recommended denial of the motor vehicle salvage yard. The Town is concerned about the location of the proposed vehicle salvage yard. A principal objection was the salvage yard' s visual appearance and the fact that it could be viewed by the traveling public along the entryway to the Town from the Erie Interchange Overpass , Weld County Road 8 , and portions of I-25 . The application materials proposed a six foot chain link fence with metal alternating venetian blind strips woven into the fence to provide adequate screening of the salvage yard for the neighbors located west of the proposed site. The application materials explain that similar uses to the south will effectively screen the proposed use from Weld County Road 8 and neighbors to the south. The application materials proposed that the natural terrain and railroad berm will effectively screen the salvage yard from I-25 . The application materials do not demonstrate how the proposed motor vehicle salvage yard would be compatible with the large lot residential and agricultural land uses west and northwest of the proposed site. There are approximately 13 residences west and northwest of the proposed site. These residences are on large lots and project a rural residential atmosphere. A six-foot high, chain link, opaque fence along the north and northwest boundary of the proposed site does not effectively screen the salvage yard or contribute to the established rural residential atmosphere. The railroad track and sorting yard and a metal recycling yard south and southwest of the proposed site would not effectively screen the proposed use from Weld County Road 8 , the Erie Interchange Overpass, or portions of I-25 . Weld County Road 8 is a major entryway into the Town of Erie. Because the subject site is lower than the surrounding area, major portions of the motor vehicle salvage yard could be viewed. 880258 Page 3 RE: DENY USR - ERIE ROAD JOINT VENTURE Dewey Norfleet , Advertising Inspector for the Colorado State Highway Department, recommended that the Use by Special Review permit be denied because the proposed motor vehicle salvage yard, located within 1 ,000 feet of I-25 , could have a negative visual impact on I-25 . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Special Review permit for auto salvage on the hereinabove described parcel of land be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D. , 1988 . y � �.�- BOARD OF COUNTY COMMISSIONERS <'l6 (� WE COUNTY, COLORADO ATTEST: :�{ �✓��``. � ... , `. Weld County clerk and Recorder /Lteel &tu -- and Clerk to the Board Gene R. Bra ner, Chairman Y. C ,W, Kir Laic-it-Tem eputy County lerk APPROVED AS TO FORM: Ja •uelZ=e it.s•n^ C Go :o a. _ /, County Attorney i Frank amaguchi 880258 HEARING CERTIFICATION DOCKET NO. 87-41 RE: USE BY SPECIAL REVIEW FOR AUTO SALVAGE - ERIE ROAD JOINT VENTURE A public hearing was conducted on April 13, 1988, at 2:00 P.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated June 15, 1987, and duly published June 18, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Erie Road Joint Venture for a Use by Special Review for auto salvage. Lee Morrison, Assistant County Attorney, made this matter of record and said this hearing was most recently continued from October 14, 1987. Keith Schuett, Planning Department representative, read the Planning Commission's recommendation for denial of this request into the record. Bob Marx, of Marx Real Estate Corp., came forward to represent the applicant. He said annexation into the Town of Erie has been discussed, but they have been unable to resolve several issues. Public comment in opposition to this request was received from Roger Harding, Nancytown C manager for Howard Erie; George Ruff; John Cleland; Gary Cleland; o Blair. Thomas Kolovat came forward and explained that he would like to move his junk yard featuring late-50's and mid-60's vehicles to this location. Mr. Marx made further statements and explained that the intent was to sublease to several operators. Commissioner Johnson moved to deny this request, based upon the materials in the record. The motion was seconded by Commissioner Kirby. The motion to deny the Use by Special Review carried unanimously. This Certification was approved on the 18th day of April, 1988. APPROVED: -^r.n -..r r BOARD OF COUNTY COMMISSIONERS ATTEST: / '-4-,W " *'J WELD OUNTY an COLORADO /t Weld County Cthek and Recorder .AZene R. Brantner, Chairman and Clerk to the Bo De uty County Cl rk C.W. Kirby, Pro-T Ja.quel TAPE #88-18 C. don',., aF ,DOCKET #87-41 :1., ,/ PL0107 Frank Yamaguchi 880258 / ATTENDANCE PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: APRIL 13, 1988 DOCKET # 88-11 COZ, A to PUD, WELD COUNTY DOCKET # 87-41 USR, AUTO SALVAGE, ERIE ROAD JOINT VENTURE DOCKET # NAME ADDRESS HEARING ATTENDING ��i GR S � �, s-S- ? R a /14/1-( \k 37�/ So 3 , ,, �oU • . a -020 iI A r r rr i VTAAwAA1 S.0 UP- OK 11 i fir /no 645 Nj/f.t?00 kC E /e. / -,1.4h Jot)/ //o 4 et /517'E C°" r° d + ,r ' ' 3 O S G W C (is/e '77 v: $6. ss l�S R -(07I0hia(7rn _I.,E. 1 zi s AZ'r le-nn -Tr:- Lamed ew5 /-P3 PS in' t.o P Co 3( I*zl2 _ C'o $emz 'I88 11 Independent Member Broker REAL ESTATE CORP. METRO 3701 South Broadway BROKERS Englewood,Colorado 80110 IRC Office 303/761-4004 n,u,ov A COMPLETE REAL ESTATE SERVICE April 6, 1988 -a " ' ; n C:777, l Mr. Gordon Lacy, Chairman V APR11 � �� Board of County Commissioners J' P. O. Box 758 ; �' Greeley, CO 80638 RE: Case Number USR 774:86:55 To the Members of the Board of County Commissioners: Upon advice and consent of the Board, the hearing date for the above application was extended to October 14, 1987 because of a substantial reduction in the size of the Use By Special Review (214 acres to 48 acres) . and Then aotht that wtre time iito was as further ex extended to April 13, 1988 because the applicant ation and zoning into the town of Erie. Several meetings with Erie crystalized into the enclosed map. A special Erie Planning Commission work session hearing was held on August 6, 1987. This meeting was attended by the same objectors which were the Clelands, Elrods, Coufals , Muellers, Meddles and Ruffs. On August 6, 1987 the Erie Planning Commission gave an encouraging go ahead to ourselves and Upland Industries. Erie acres, Arneson 's 133 included 133 most the Union i 3200 acres our acres andColumbineIron & Metalsintotheirmasterplan. In the fall of 1987, Upland Industries changed internal control of their 3200 acres at the east of Erie to I-25 into Union Pacific Realty Corp. This required a more comprehensive look at Erie's potential residential expansion to its west, south and immediate east, with the potential front door to the town being W-470. It made even more sense to explore the undermined properties at I-25 and the Erie Road as having industrial potential . Also during the fall of 1987 and early 1988, the Arneson's were foreclosed out; Norman Lovely of Columbine Metals died; Hank Epstein , Erie Planner, departed; and the Erie Board of Trustees faced a recall election. Here are the answers to the Planning Staff Recommendations dated May 19, 1987 : 1) The applicant does not violate Section 24.3 of the Weld County zoning ordinance because our land is now within Erie Comprehensive Plan and Dacona did not answer Erie according to Hank Epstein. Our understanding is that the Weld County Comprehensive Plan does not include the Erie Road and I-25 interchange, but it does con- sider it a future mixed use development area. The applicant's land is marginally productive farm land because it has no water rights; is soil symbol 67 ULM clay loam and has 880253 E xNin» /` Independent Member Broker MARX REAL ESTATE CORP. METRO BROKERS 3701 South Broadway INC. Englewood,Colorado 80110 Office 303/761-4004 REALTOR A COMPLETE REAL ESTATE SERVICE a slope of 3 to 5% as shown in the application. Urban Growth Boundary Goals 1 and 2, and Urban Growth Boundary Policy 2C do not apply. Erie and the applicant agree that 6 foot high earth berm with prairie grass seeding is a much better visual buffer than a fence. The aforementioned objectors admit that they cannot see our land and auto salvage on it, unless they travel to WCR 8 at 1 to 1.5 miles west of I-25. Mr. Ruff said in public that he cannot see our 48 acre auto salvage site unless he stands on his rear patio roof. All objectors including Erie object to the very small trees in place on WCR 8 in front of Columbine Metals and the David Joseph Company. Our 48 acre parcel cannot be seen from I-25 according to the Colorado Department of Highways letter of April 24, 1987 signed by John K. Crier, District Planning/Environmental Manager. The applicant and others expect to continue working with the new Board of Trustees at Erie. We respectfully ask that our application for auto salvage on 48 acres be approved. Sincerely, ERIE ROAD JOINT VENTURE glAIPS7C Robert P. Marx Managing Venturer RPM/slh Enclosure 880253 MARX REAL ESTATE CORP. I.-dependent 3701 South Broadway Bipf74 Englewood,Colorado 80110 03 K Office 303/761-4004 ERS RIALTOS' A COMPLETE REAL ESTATE SERVICE INC* March 21, 1988 Mr. Keith A. Schuett, Planner Department of Planning Services 915 10th Street Greeley, CO 80631 Re: USR-774:86:55 Dear Keith, Please accept this request to extend the above referenced Use by Special Review to either October 12 or October 19, 1988. We submitted the enclosed proposal at a public "work session" of the Erie Planning Commission on August 6, 1987 and got a "go ahead". Since that time Upland Industries changed internal realignment and control of their 3200 acres between Erie and I-25 to Union Pacific Realty Corp; the Arneson's were foreclosed out; Norman Lovely died; Hank Epstein , Erie Planner, departed and the Erie Board of Trustees faced a recall election. We are going to talk further with Erie in the near future. Sincerely, ERIE OAD JOINT VENTURE VENf Robert P. Marx Managing Venturer RPM/slh MAR 21 1988 I 4x".8,7 T. 880258 Here Co. vtMn'iv I:6auaisaa, PROPOSAL This report is submitted to address and summarize the major aspects of a proposed annexation to the Town of Erie. A petition for annexation is proposed to be executed by the owners of 1,400 to 1,600 acres to Erie. The 1,600 acres, more or less, are at the intersection of the Erie Road (WCR 8) and Interstate 25, three miles east of Erie (see map). Six key points are to be addressed. They are: 1) Annexation 2) Zoning 3) Uses 4) Standards 5) Development 6) Benefits ANNEXATION Annexation of "Erie East" is proposed by the following parties: Upland Industries Corporation and Union Pacific Railroad Mr. F. Kent Compton Approximately 1,200 acres in Section 10, 14001 E. Iliff Avenue 14 and 15 Suite #312 Aurora, CO 80114 (303) 369-0800 Erie Road Joint Venture Robert P. Marx Approximately 214 acres in Section 15 3701 South Broadway Englewood, CO 80110 (303) 761-4004 PROBABLE PARTIES PROPOSING ANNEXATION Larry Ackerman, Agent for Arneson' s Approximately 100 Acres in Section 22 3206 Weld County Road 8 Erie, CO 80516 (303) 422-3556 Columbine Iron and Metals Approximately 60 acres in Section 15 Norman Lovely WCR 8 & Interstate 25 (303) 666-8702 880258 The attached map shows the eligibility and necessary contiguity to the present limits of the Town of Erie. At the east edge of Erie is a Union Pacific Rail- road ROW. As a petitioner to annexation, the parties will survey and legally describe the parcels to be annexed by the "Tuning Fork" method. This will be done at the expense of the petitioners, but subject to the advice and counsel of the Town of Erie to insure that all is done legally and in a proper manner, i . e. , documents, postings, hearings, ordinances, etc. ZONING Concurrently with the annexation procedure of the various parcels, the owners and parties to annexation shall be granted zoning under the town of Erie ordi- nances. Upon annexation, parcels of land shall be zoned. The petitioners propose a Planned Unit Development (PUD) with heavy industrial users as described below. USES Erie zoning, accomplished simultaneously with annexation, will permit at least the following range of uses. These uses will be subject to more complete and elaborate definition by all parties concerned through a PUD process. Erie, owners who may be sellers or lessors of land, developers, builders, users, buyers, lessees, other governmental agencies, utility suppliers, technical experts and others will also contribute input into the use list. List of Potential Industrial Uses Proposed at Erie East . Warehousing and Distribution . Fabrication, Assembling and Manufacturing . Support Retail and Commercial (7) . Business and Service Uses (interchange) . Outside Storage: Heavy Equipment Steel Construction Materials Agricultural Equipment Building Materials Etc. . Auto Salvage . Scrap Metal . Construction Land Fills . Auction Yards . Iron and Steel Fabrication . Foundry . Stamping . Die Casting 880258 . Moulding . Concrete Products: Pre-Cast Pre-Mix . Bulk Storage: Chemicals Fuel Oils . Asphalt Batch Plants . Bulk . Tansloading Facilities: Rail to Truck • Truck to Rail . Others STANDARDS The above list defines uses that are generally objectionable primarily because they are visually ugly. They are not residential or park-like in nature, they are the workplace of the area, they are where the dirty jobs are. These jobs are also a temporary use in the long term scheme of things, and they are absolutely neces- sary in any society. Since they are a necessity, the standards of development become critical and must be overseen and administered by a central government like the town of Erie. Initial objections are visual so the parties to annexa- tion and zoning propose to build earthen berms at least ten (10) feet high along all county roads and possibly higher along Interstate 25 where applicable. Berms will also be required between these uses and other non-zoned parcels. These berms, ten feet or higher, will be seeded with a natural prairie grass mixture for permanent vegatation and minimum maintenance. Berms will not interfere with natural drainage or adjacent irrigation ditches, nor will they hinder fire or police access. The majority of these uses are transient in nature and can be easily removed when a higher and better use for the property is viable. DEVELOPMENT Development will occur as a condition of market demand, but probably initially at the north and west of WCR 8 and I-25. The frontage road area along the west edge of Section 14 may encourage warehousing or manufacturing buildings. These type improvements will require vehicular access and so this may be the most highly improved portion initially. The interchange area holds potential for service and commercial uses which, also based on market demand, are considered appropriate for inclusion in the proposed PUD. Development, as we perceive it, will not be rapid, but may take several years. BENEFITS The benefits to land owners are many. Marginal , unirrigated dry farm land which is also a geologic hazard because of underming shall over time be put to a more rewarding economic use. No large expenditure for infrastructure, such as roads, utilities or other services, is necessary. Internal roads will access for fire and police protection, and for maintenance rather than public use. Sewer service 880258 $ can be health department approved septic and leaching systems until density of development economically and environmentally will require Water use will be the largest probable initial expense; a clarification of Erie' s service area for fire protection and the Town' s relation- ship with Left Hand Water Service Company are needed. Benefits to the town of Erie can be quite large. Minimal services from the town will be required initially. A substantial tax base, without front end costs paid by the Town, is possible. Sales tax, use tax, occuption tax (ala Medley, Florida) are all probable. Increased employment, increased business in restaurants, filling stations and other service vendors in Erie are likely. Industrial type revenue shall enable Erie to upgrade its own infrastructure more rapidly than residential development non-revenue. The town' s future front door residentially will come from the west and the south (W 470) , sooner than from the east. The proposed development, if done correctly, is a realistic potential here and now. 88€ 258 Independent MARX REAL ESTATE CORP. Member Broker METRO BROKERS 3701 South Broadway Englewood,Colorado 80110CR Office 303/761-4004 INC. At/.1109 A COMPLETE REAL ESTATE SERVICE September 29, 1987 lr �r"ten r OCT i 15 1987 ji Weld County Planning Commission c/o Keith A. Schuett Weld County Department of Planning Services u' 915 10th Street Greeley, CO 80631 Re: Use by Special Review (USR 774:86:55) Erie Road Joint Venture Dear Keith, Please accept this letter as our request to postpone the above referenced case for at least six more months from the scheduled hearing date of October 14, 1987. We (and the UPland Industries representative) have met with the town of Erie Planning Commission in a work session and received a general go ahead to pro- ceed with annexation and zoning to Heavy Industry. We have also been included in a new town of Erie comprehensive plan. Please keep me posted. Sincerely, ERI ROAD JOINT VENTURE leagir-1174- o ert P. Marx Managing Venturer RPM/slh riiiPWV\V jI _ SEP301987 r�Weld Co. Planning Caoun soiii 880258 ,EXN,8,11 Independent MARX REAL ESTATE CORP. Member Broker METRO 3701 South Broadway ® BROKERS Englewood,Colorado 80110 INC. Office 303/761-4004 REALTOR A COMPLETE REAL ESTATE SERVICE June 17, 1987 , 1►g'(on/ 4 6 } JUN8 1 87 Mr. Gordon Lacy, Chairman I ►, j!21-�� I : Board of County Commissioners Weld County Colorado P.O. Box 758 Greeley, CO 80638 Re: Use by Special Review - 77:86: 55 To the Members of the Board of County Commissioners: The undersigned applicant, together with Kent Compton of Upland Industries and Larry Ackerman, agent for Mr. and Mrs. Earl L. Arneson, Hank Epstein of Erie and Roger Harding of Erie have had conversations, discussions and meetings about Erie annexing sections 10 and 14 and the east 1/2 of section 15, and the Arneson portion lying in section 22 TINR69W at the intersection of the Erie Road (WCR 8) and I-25. This annexation would carry with it an industrial zoning classification that would accomodate and permit auto salvage, outside storage, distribution and sanitary land fill . These and other uses some consider unsightly and undesirable are called LULU' s (local , unacceptable land uses). Our next move is to appear before a work session of the Erie Planning Commis- sion to further discuss the use concept. That •meeting has been scheduled for July 2, 1987, after the regularly scheduled meeting. Our agenda is: 1) Primary area and secondary area 2) Linkage (legal contiguity) 3) In between property ownerships 4) Buffering and screening 5) Range and location of uses The benefits to the town of Erie annexing this 1,700 to 2,000 acres are many: 1) We propose utilizing earth berming with natural vegatation to screen new uses from view from Weld County Road 8 and I-25 and neighbors. To develop this much land in these uses over time would have little or no visual change or impact on that which now exists. / 880258 EX /13H ,07 /d MARX REAL ESTATE CORP. emberBok' Medepe Broker 3701 South Broadway METRO Englewood,Colorado 80110 ® BROKERS Office 303/761.4004 REALTOR A COMPLETE REAL ESTATE SERVICE INC 2) There are ten similar uses in the vicinity including two in the town limits of Dacono and one sanitary land fill within the town limits of Erie. The other seven uses are along I-25 from State Highway 52, south to Weld County Road 6. All are Weld County zoning or Uses by Special Review. Two of these, Columbine Iron & Metals and the David J. Joseph Company, should be annexed into Erie. The only service Erie would have to provide would be police protection. Rocky Mountain Natural Gas and Public Service could provide natural gas and electricity. Sewer would be septic tank and leaching field by individual user. No additional schools or recreation expenditures would be required. 3) This area in Erie could provide an industrial tax base that would enable the town to build a better infrastructure for future residential expansion close-in around the existing town. Residential pressure is non-existent now, but will probably come from the west and south to the town of Erie. The long term permanent type of growth (residential-retail ) will occur around the existing town. The industrial uses that we described are best suited for the undermined (geo- logical hazard) land 3? miles east of town. We, Erie Road Joint Venture, would like our USR request for auto salvage be approved with development standards accomplished according to the desires of the Town of Erie. Sincerely, ERIE AD JOINT VENTURE Robert P. Marx Managing Venturer RPM/slh 880258 1 • h N o • � - - S� - - - � 1`N - - •• � a 'v a - - �`, \ 1 ---N...„,.‘ J 7 • . r p \ al-- c U \Nb\` \ �.. J� c I J �\ r9 __�V I ^' '� A^V '' \ 1 i . V I \ N. \. c o \ \ • V • ` C y 1 I 9 c:, \ lam_ ,SI. \e.Q 'g .-c \\ ---- �_'_ ,_=._ 213 /'\_o\C� • cam :\ �� c� T \ \ I N. �� \ \ c,\ 1 \ p C, ‘ir\' OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000. EXT. 4200 I0/till F.C. BOX 758 GREELEY,COLOR/DO 80632 O COLORADO /di' ‘fr„,„ .,. ._.ft- ---- ' baaq,,: ligMay 27, 198 e uNl O'�7 w 4. j Erie Rued Joint Venture 3701 South Broadway Englewood, Colorado 80110 Dear Sirs: Your application for a Use by Special Review for an auto salvage yard 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 Si of Section 15, Township 1 North, Range 68 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. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by June 12, 1987. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD -OF COUNTY COMMISSIONERS 49- ITY COLORADO wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising eexpense._, „L._ - _. ,A, m,„1/47{. ,,,,,,,,_,,,, (44.-.-szi._ ,i 89025S em1f3Pr_ C W co H O z >4,-. 0 > 3 0 a a Q c° H C. a HW O \ O a7 U ..t\\ n a aoo ` \ 47 400 \-C � c5 MW W f W U4, 14 el m IC Z ; VA e4.0z woo@ $u O O z 0 .. cf4'''t 8 a cc '�3� r� 3 i { t. F.: W Y' W t^n W 880253 Summary of the Weld County Planning Commission Meeting May 19, 1987 Page 10 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Lynn Brown - yes; Lydia Dunbar - yes; Louis Rademacher - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. Tape 283 - Side 2 The Chairman called a break at 4:55 p.m. The meeting was reconvened by the Chairman at 5:05 p.m. sit CASE NUMBER: USR-774:86:55 APPLICANT: Erie Rcad Joint Venture (Bob Marx) REQUEST: A Use by Special Review permit for auto salvage. LEGAL DESCRIPTION: Part of the Si of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 8, south of Weld County Road 10, and west of I-25. The Chairman announced from the time the Planning Commission heard this case the first time, and the time it went to the Board of County Commissioners, there was a change in the amount of acres to be included in the Use by Special Review area. Therefore, the Board of County Commissioners sent the request back to the Planning Commission to review again before any action is taken. Bob Marx, managing Joint Venturer, reported this is the cheapest parcel of land between Erie and Cheyenne with close access onto I-25. This cannot be seen from I-25, but it can be seen from the I-25 overpass. It is in a geological hazard area, and is dryland farm ground. It is in the urban development area for the towns of Erie and Dacono. There are seven other business in this immediate area. There are two property owners who can see this property and both are outside the five hundred foot surrounding property notification area. The Town of Erie supports mobile homes in this area, but the State Geological Survey says this is not a good development area. Gerry McRae, P.E. , McRae and Short, Inc. , reported he did the engineering and planning for this proposal. The three mile radius allowed by the State for a town or municipality to comment on what development transpires allows them some control on twenty-eight square miles or fifty acres, more or less. The Chairman called for discussion from the members of the audience. Hank Epstein, Community Developer, Town of Erie, reported he is representing the Erie Planning Commission and the Board of Trustees. They are trying to make the three mile radius they are allowed to comment on compatible with Weld, Boulder, and Adams County. These plans are not compatible with -either Erie's or Weld County's Comprehensive Plans. Also, when the application materials were reviewed, inconsistencies as to the size and type of 880259 Ew-ii [3 IT' C Summary of the Weld County Planning Commission Meeting May 19, 1987 Page 11 operation appeared. The Town of Erie is trying to improve their image to be something other than a place for salvage yards. They are willing to go to into litigation, if necessary, to enforce the urban development area defined in their comprehensive plan. George Ruff, surrounding property owner, is opposed to this request. Dewey Norfleet, Colorado Department of Highways, stated that if this permit is approved, one thing that should be set down is how high the cars will be stacked. Also, they must apply to the State Highway Department for a permit if any of the operation can be seen from the highway. Some of the existing concerns in the area can be seen from the highway, have not applied for permits, and are in violation of the Interstate Highway laws. The State Highway Department prefers that this type of business be in an industrial area. The Erie Junk Yard is an exception because it was there prior to this act. Tape 284 - Side I Bob Meddles, surrounding property owner, spoke against this request. John Cleland, adjacent property owner, reported he currently farms the land that is contained in this request. The reasons the property is dryland is because Mr. Marx sold the water to him when he bought the land. He is currently farming this land as irrigated farmland using his own water. Ann Coufal, surrounding property owner, spoke in opposition to this request because of devaluations in land in the area. Bob Marx stated there are nine similar business in the area. They do not intend to have anything stacked up. This is a motor vehicle salvage yard and they need -to be able to have access to parts. Also, stacking requires that some parts be dismantled prior to the vehicles being stacked. They want to run a motor vehicle salvage yard, not a wrecking yard. The Chairman asked Lanell Swanson to read the recommendation of the Department of Planning Services staff into the record. The staff's recommendation is for denial. MOTION: Lynn Brown moved Case Number USR-774:86:55 for Erie Road Joint Venture (Bob Marx) for a Use by Special Review permit for an auto salvage yard be forwarded to the Board of County Commissioners with the Planning Coation for ial. ere does not subbsstantialschange indthe arguments nfrom the proposal from thee ar to be any first time we heard but the issues this of that acreage decreased, compatibility, the concern of neighbors,ighbors, the concern of the $80258 Summary of the Weld County Planning Commission Meeting May 19, 1987 Page 12 surrounding communities are still every bit as valid as they were the first time. She realizes that one of the issues that has come up is the existing unsightly usages of other businesses in the area. She does not feel that in this case, compounding an existing problem is going to help. She would encourage the state to do whatever it could in terms of the existing eyesores to see how we can help the area, but in this case, it is not in the best interest of the surrounding area, neighbors, or Weld County to grant this Use by Special Review. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid Pt Lynn Weaver - yes; - yes; Brown wnes Jack ; Lydia Dunbar - yes; Louis Rademacher - yes; Paulette Holman - yes. Motion carried unanimously. The meeting was adjourned at 6: 15 p.m. Respectfully submitted Bobbie Good Secretary 890259 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lynn Brown that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved+ * *NWNWPWCONay Planning Commission that the application for: F i fit; CASE NUMBER: USR-774:86:55 MAY 31.1987 NAME: Erie Road Joint Venture y'OO _ ADDRESS: 3701 South Broadway, Englewood, CO 80110 REQUEST: Use by Special Review Q p permit for Auto Salvage LEGAL DESCRIPTION: Part of the Si of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 8; south of Weld County Road 10 and west of I-25 be recommended unfavorably to the Board of County Commissioners for the following reasons. 1 . It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposed site for Use by Special Review for an auto salvage and storage operation is located within the urban growth boundary area of the Towns of Erie and Dacono. The request is not in compliance with Urban Growth Boundary Goals I and 2 and Urban Growth Boundary Policy 2.C. of the Weld County Comprehensive Plan. Urban Growth Boundary Goal I suggests that urban development should be located in or adjacent to existing municipalities. The type of use proposed is generally located in a heavy industrial or commercial district of a municipality or on nonproductive farmland outside of an urban growth boundary area where the surrounding land uses are intended to remain agricultural. Urban Growth Boundary Goal 2 states that the County should maintain land-use regulations in the urban growth boundary areas that allow the County and the municipalities to coordinate plans, policies and standards relating to land-use, zoning regulations, streets and highway construction, public infrastructure systems, and other closely related matters affecting the orderly development within an urban growth boundary area. Urban Growth Boundary Policy 2.C. states, in part, that a municipality's adopted comprehensive plan goals and policies or the recommendation of the land-use decision making body will be considered when reviewing development proposals within an urban growth boundary area. 880258 cx H 13►r B Erie Road Venture USR-774:86:55 Page 2 The application materials propose a 48 acre, plus or minus, motor vehicle salvage yard. The number of employees at the site would range from 4 to 6. The estimated number of customers would range from 15 to 20. Vehicular traffic would consist primarily of wreckers, flatbed trucks or semi-trailers generating approximately 10 trips per day. No information was submitted describing the maximum height of vehicle storage and stacking. The type of vehicle salvage yard proposed does not coordinate with the plans and standards of the Towns of Erie and Dacono. In a phone conversation on May 7, 1987, Rebecca Marker, Secretary of the Tri—Area Planning Commission recommended that this use, as proposed, be denied because it is not compatible with the existing and potential uses at the proposed location. Large lot, low density residential and agricultural uses are the predominate existing uses. In a letter dated April 30, 1987, representatives of the Town of Erie recommended denial of the motor vehicle salvage yard. The letter indicated that the Town was concerned about the location of the proposed vehicle salvage yard. A principal objection was the salvage yard's visual appearance and the fact that it could be viewed by the traveling public along the entryway to the town from the Erie Interchange Overpass, Weld County Road 8, and portions of I-25. The application materials propose that a metal 6 foot chain link fence with metal alternating venetian blind strips woven into the fence will provide adequate screening of the salvage yard for the neighbors located west of the proposed site. The application materials explain that similar uses to the south will affectively screen the proposed use from Weld County Road 8 and neighbors to the south. The application materials propose that the natural terrain and railroad berm will affectively screen the salvage yard from I-25. The application materials do not demonstrate how the proposed -motor vehicle salvage yard would be compatible with the large lot residential and agricultural land uses west and northwest of the proposed site. There are approximately 13 residences west and northwest of the proposed site. These residences are on large lots and project a rural residential atmosphere. A 6 foot high metal chain link opaque fence along the north and northwest -boundary of the proposed site does not effectively screen the salvage yard or contribute to the established rural residential atmosphere. 0258 Erie Road Venture USR-774:86:55 Page 3 The railroad track and sorting yard and a metal recycling yard south and southwest of the proposed site would not effectively screen the proposed use from Weld County Road 8, the Erie Interchange Overpass, or portions of I-25. Weld County Road 8 is a major entryway into the Town of Erie. Because the subject site is lower than the surrounding area, major portions of the motor vehicle salvage yard could be viewed. In a phone conversation on May 18, 1987, Dewey Norfleet, Advertising Inspector for the Colorado State Highway Department recommended that the Use by Special Review permit be denied because the proposed motor vehicle salvage yard was located within 1,000 feet of 1-25 and could have a negative visual impact on I-25. Motion seconded by Lydia Dunbar. Vote: For Passage Against Passage LeAnn -Reid Lynn Brown Lydia Dunbar Louis Rademacher Paulette Weaver Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on May 19, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 20th day of May 1987 Bobbie Good Secretary 818'.0259 ADDITIONAL COMMENTS USR-774:86:55 Erie Road Joint Venture 1 . Use by Special Review permit #691 was approved on September 4, 1985, for a rail and track material sorting plant. The site is 14 acres in size and is located southwest of the proposed site for an automobile salvage and storage yard. The 1973 Comprehensive Plan was in effect at the time USR-691 was reviewed. 2. Use by Special Review permit #700 was approved on April 9, 1986, for a recycling yard for ferrous and nonferrous metals. The use is located on a 65 acre, more or less, site south of the proposed site for an automobile salvage and storage yard. The 1973 Comprehensive Plan was in effect at the time USR-700 was reviewed. 880238 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number L s R '77'/ . g(oL5.3— Submitted or Prepared Prior to Hearing At Hearing 1. Application ,c20 Pages 2. ( Application, plat(s) / page(s) 3. DPS Referral Summary Sheet 4. PPS Recommendation 5. DPS Surrounding Propery Ovner Mailing List 6. DPS Mineral Owners Mailing List 7. - DPS Naps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. C Xh, b t It / Phooloyr&ph 5 and s C ✓ 12. Fxh1 b, } 4 a Town OC Ere. (oMPrehens:ve_ ✓ 13. )61.bh# y 3 - 5' rho-rogmp b5 pm, c7vee_, -scthm; fled to ( owr1 c c Er.e_ 14. • 15. 16. • 17. 18. 19. 20. I hereby certify that the /3 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on 11,4,1 2( 19 327 . • ( u rent Pga ner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF V ,Th11 $r1__._ SEAL • NOTARY PUBLIC \ �jpp ar��Qy 9d.y Comr±thon Ey:^aes Fet. 13, 19135! �C7�?G+JCt • my COMMISSION EXPIRES ExH � 6 �r I . EXHIBIT INVENTORY CONTROL SHEET Case USR, Auto salvage yard, Erie Road Joint Venture Exhibit Submitted By Exhibit Description A. PLRn!NInrc STAFF- 1IvvEArroRy OF X-r ins SUBonrrS0 B. (PLAAIA/iIU , Ctrn iSSrON i&SOLLOM Om nr rECoThrnEr3DATlOM C. PLANA/i.t) trAntrSz-'iCyj 5urrmftRy OF m6ETiNc D. ('.l EPK To T}-1C (3o%ikc L.Lrr C ri -r}-+E APPLicAirr E. CCI E ROAn 7o1 NT 1/F rue.c AJc-rIGE To POGEEI� F. CLE2l_ Th The 8ofiab ( ►CAIZI,uG btr€ APPRoof L G. (' LEIZ IC. To T7-IE BoR2b NOTICE or Hen kif1/41 6 /inii• Wnezin.ozz CeS.) /D y/,1. "[1i Se,io/ U J'f 7.ak2L .C�CF1ti ds y d" // K. K<1.4./ gri! 7. Aso- friazz / M. N. 0. 860258 Date: May 19, 1987 CASE NUMBER: USR-774:86:55 NAME: Erie Road Joint Venture ADDRESS: 3701 South Broadway, Englewood, CO 80110 REQUEST: Use by Special Review permit for an auto salvage yard. LEGAL DESCRIPTION: Part of the Si of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 8; south of Weld County Road 10, and west of I-25. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1 . It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposed site for Use by Special Review for an auto salvage and storage operation is located within the urban growth boundary area of the Towns of Erie and Dacono. The request is not in compliance with Urban Growth Boundary Goals I and 2 and Urban Growth Boundary Policy 2.C. of the Weld County Comprehensive Plan. Urban Growth Boundary Goal I suggests that urban development should be located in or adjacent to existing municipalities. The type of use proposed is generally located in a heavy industrial or commercial district of a municipality or on nonproductive farmland outside of an urban growth boundary area where the surrounding land uses are intended to remain agricultural. Urban Growth Boundary Goal 2 states that the County should maintain land—use regulations in the urban growth boundary areas that allow the County and the municipalities to coordinate plans, policies and standards relating to land—use, zoning regulations, streets and highway construction, public infrastructure systems, and other closely related matters affecting the orderly development within an urban growth boundary area. Urban Growth Boundary Policy 2.C. states, in part, that a municipality's adopted comprehensive plan goals and policies or the recommendation of the land—use decision making body will be considered when reviewing development proposals within an urban growth boundary area. 880253 Erie Road Venture USR-774:86:55 Page 2 The application materials propose a 48 acre, plus or minus, motor vehicle salvage yard. The number of employees at the site would range from 4 to 6. The estimated number of customers would range from 15 to 20. Vehicular traffic would consist primarily of wreckers, flatbed trucks or semi-trailers generating approximately 10 trips per day. No information was submitted describing the maximum height of vehicle storage and stacking. The type of vehicle salvage yard proposed does not coordinate with the plans and standards of the Towns of Erie and Dacono. In a phone conversation on May 7, 1987, Rebecca Marker, Secretary of the Tri—Area Planning Commission recommended that this use, as proposed, be denied because it is not compatible with the existing and potential uses at the proposed location. Large lot, low density residential and agricultural uses are the predominate existing uses. In a letter dated April 30, 1987, representatives of the Town of Erie recommended denial of the motor vehicle salvage yard. The letter indicated that the Town was concerned about the location of the proposed vehicle salvage yard. A principal objection was the salvage yard's visual appearance and the fact that it could be viewed by the traveling public along the entryway to the town from the Erie Interchange Overpass, Weld County Road 8, and portions of I-25. The application materials propose that a -metal 6 foot chain link fence with metal alternating venetian blind strips woven into the fence will provide adequate screening of the salvage yard for the neighbors located west of the proposed site. The application materials explain that similar uses to the south willaffectively screen the proposed use from Weld County Road 8 and neighbors to the south. The application materials propose that the natural terrain and railroad berm will affectively screen the salvage yard from I-25. The application -materials do not demonstrate how the proposed motor vehicle salvage yard would be compatible with the large lot residential and agricultural land uses west and northwest of the proposed site. There are approximately 13 residences west and northwest of the proposed site. These residences are on large lots and project a rural residential atmosphere. A 6 foot high metal chair link opaque fence along the north and northwest boundary of the proposed site does not affectively screen the salvage yard or contribute to the established rural residential atmosphere. 830258 Erie Road Venture USR-774:86:55 Page 3 The railroad track and sorting yard and a metal recycling yard south and southwest of the proposed site would not effectively screen the proposed use from Weld County Road 8, the Erie Interchange Overpass, or portions of I-25. Weld County Road 8 is a major entryway into the Town of Erie. Because the subject site is lower than the surrounding area, major portions of the motor vehicle salvage yard could be viewed. In a phone conversation on May 18, 1987, Dewey Norfleet, Advertising Inspector for the Colorado State Highway Department recommended that the Use by Special Review permit be denied because the proposed motor vehicle salvage yard was located within 1,000 feet of I-25 and could have a negative visual impact on I-25. 830;258 ADDITIONAL COMMENTS USR-774:86:55 Erie Road Joint Venture 1. Use by Special Review permit #691 was approved on September 4, 1985, for a rail and track material sorting plant. The site is 14 acres in size and is located southwest of the proposed site for an automobile salvage and storage yard. The 1973 Comprehensive Plan was in effect at the time USR-691 was reviewed. 2. Use by Special Review permit #700 was approved on April 9, 1986, for a recycling yard for ferrous and nonferrous metals. The use is located on a 65 acre, more or less, site south of the proposed site for an automobile salvage and storage yard. The 1973 Comprehensive Plan was in effect at the time USR-700 was reviewed. 8 80?gs AO401. 0! •iifi et TOWN OF ERIE • 645 HOLBROOK P.O.BOX 100 ERIE,COLORADO 80516 ° 828.3843 449-3085 b OFFICE OF THE TOWN ADMINISTRATOR s U74� May 18, 1987 WELD COUNTY PLANNING COMMISSION % Keith Schuett Weld County Planning Services 915 Tenth Street Greeley, Colorado 80631 RE: USE: USR-774 : 86 : 55 - ERIE ROAD JOINT VENTURE PROPOSED SALVAGE OPERATION Dear Commissioners : At their regular meeting of May 7 , 1987, the Town of Erie Planning and Zoning Commission voted to recommend to the Weld County Planning Commission DENIAII of the request for a salvage operation proposed by the Erie Road Joint Venture (USR-774 : 86 : 55) . There were five votes for the denial of this request and one vote against the denial . The reasons stated for the denial were as follows : 1 . A salvage operation is not the type of activity conducive to achieving the Commission' s goal to create a better image for the Town of Erie. s* 95 u§t 2. Even if the County would stipulate fencing requirements, there would still be a negative visual impact from sections of County Line Roads #8 and #7 as well as the probability of the nearby homes seeing above a 6 ft. fence due to the contour of the land. 3. The Commission would prefer that alternative uses, such as low to moderate density commercial , industrial , or mobile home develop- ment, be implemented in this area. IECE VE Ja ace K. Harris , Secretary Pd AY 18 1987 Planning and Zoning Commission cc: Planning and Zoning Commission Weld to. Nagle Cowddssions0258 (LICE DEPT. METRO 449-3156 LOCAL 828-3200 P.O.BOX 510 FIRE DEPT. 828-3152 1 ,n^ 41/4.' RELU Ark 1 5 1937 DEPAR ;ENT OF PLANNING SERVICES �ey, ,,, 1.1=X" 1 PHONE(303)356-4000 EXT. 4400 i,. 915 10th STREET (t'çiui ,,, GREELEY,COLORADO 80631.b.-..1 _ fx nu. R 4.4 . v - a, COLORADO CASE NUZffiER USR-774:86:55 April 14, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Erie Road Joint Venture (Bob Marx) for a Use by Special Review permit for auto salvage. The parcel of land is described as part of the Si of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 8, south of Weld County Road 10, and west of 1-25. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by April 28, 1987, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. Tar je 04.0444 — 2. )( We do not have a Com .rehensive Plan but we feel this request (is/ s no compatible with the interests of our town for the fo owing reasons: 4W O 1442 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed� letter. Signed: , Agectf y: ��t4C -6a,.. eZen.,Iw�YI4o►.�. ,�. vim,. O .�,- U o f 5I V E Date: 5- I%'$1 MAY 18 1987 880258 ❑LJ4 Pn Manning COMMiSSIOD LAND-USE APPLICATION SUMMARY SHEET Date: May 12, 1987 CASE NUMBER: USR-774:86:55 NAME: Erie Road Joint Venture ADDRESS: 3701 South Broadway, Englewood, CO 80110 REQUEST: Use by Special Review permit for Auto Salvage LEGAL DESCRIPTION: Part of the Si of Section 15, TIN, R68W of the 6th P.M., Weld County, Colorado LOCATION: North of Weld County Road 8; south of Weld County Road 10 and west of 1-25 SIZE OF PARCEL: 50 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. This proposal is within the Urban Growth Boundary area of the Towns of Erie and Dacono. The original application, that was recommended to the Board of County Commissioners for denial by the Planning Commission was for 214 acres, more or less. Prior to the Board of County Commissioners hearing of March 11, 1987, the applicant revised the application to a smaller acreage. The Board of County Commissioners determined that the reduction to 50 acres was a substantial change in the application and requested that this matter be referred back to the Planning Commission for its review. All referral entities and surrounding property owners that were identified in the original application were notified about the new application. A copy of the Board of County Commissioners Resolution dated March 11, 1987, is enclosed. The Department of Planning Services' staff has reviewed specific recommendations from the following: - Weld County Health Department - Town of Erie - State Highway Department - Dacono Fire Protection District - Union Pacific Railroad - Colorado Geological Survey Copies of these responses are included in this summary packet. 8E70258 Erie Road Joint Venture USR-774:86:55 Page 2 Referral responses have not been received from: - Colorado Health Department - Tri—Area Planning Commission One letter and several phone calls has been received in opposition to this request. A copy of the letter in opposition from Mr. and Mrs. George Ruff dated May 3, 1987, is attached. V % DEPA' "TNT OF PLANNING SERVICES a�' atwo, - PHONE(303)356-4000 EXT.4400 /,.o* 3,Y, 915 10th STREET '�� 1 GREELEY,COLORADO 80631 I. r, ,L tie COLORADO NOTICE OF PUBLIC REARING The Weld County Planning Commission will conduct a public hearing on May 19, 1987, at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a auto salvage yard from Erie Road Joint Venture the parcel of land is described as part of the Si of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado, containing 80 acres, more or less. The property is located approximately north of Weld County Road 8, south of Weld County Road 10, and west of I-25. 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 May 19, 1987. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by May 1, 1987 Received by: 01, Date: "I- 7-d 880255 ii 34 w ' •Q, —, .. :: o 1 p n C !i/-..G' • 7 o:��, ` \a ' /Y.i�• • V . .., )i q I GF ,se • e `\ 32 •. rL�1 •� : ti �' 1�. .. '• / ' . . 17 T 3N .-- 4 "/py 7 • . ' ' ��dpy,:ilk .Ijae‘30 ±x... A r, .., . : e .•• I ..; 3 �.. . .�� ( .• . \ •,e r ❑ f �! [�; ZI-LE q x, • A: rtbo,�N• ^ �� t I _ t'''i 2. z E , • x, 1 ' t•? >v A FU l�r Cr. 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'�-*-A S r /1 ow.y ... ,.,r'fryM„n j s.1 t (t er M4 d�'C,3.n ' pi,,,,. x Ate �i( + .. w, f irliS 1 .�fR�yk1��a''r/ +'"�. it s rwi" Ti.:; a ,4- . - a- '•: ,...12 c . ..e. yyl.,k}3 ! i M:; .0.- .x -...0. a.,./,.•;„,,,,,,g. t`_ •it, Y.''','. F F ( : .),:,.,.„ ,.,,;,....,:04..„..33,.....?,. .a . _ a • ._,‘ ,fr,7 .� a 5 �Ay r' .r.„:. ..-4:4-Is ,4.+,. 04,— 1. .Aa...� it& 521 • itiaW+u 11 ₹ •.p s'n ,A aqa r}F q' .J. M "it*: }" .y, #5t t � f x��.t�` ' . 1 `S' . V lkr Iw ht +N ltdr 1.-,/..E.R i' r.. BY1 ." . '" t t 1 t1Fa ar • T "4,44. ',.:,- a i # r ' ,,I. t�?} e 4i:,,,y r Ley, 7 t' t* jjt ,"ydt y1 .y y�' y i r ... Ai2Pik'W" R .Y 'R. Ts- ael ! •'N1 .Y ^ r4'..:.Ya - .1;', A [. FIELD CHECK FILING NUMBER: USR-774:86:55 DATE OF INSPECTION: May 1 , 1987 NAME: Erie Road Joint Venture REQUEST: Use by Special Review permit for Auto Salvage LEGAL DESCRIPTION: Part of the Si of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: West of Interstate 25; north of Weld County Road 8 and west of the Union Pacific Railroad LAND USE: N Farm field, Union Pacific Railroad E Union Pacific Railroad, Farm field, I-15 S USR. #691 for Railroad Salvage, USR-700 for metal salvage W Farm field, dairy, houses along Weld County Road 7 ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The location is in a drainage area sloping to the east which is lower than the surrounding area. The topography will eliminate from view a portion of the area from I-25. The area is still visible from I-25 interchanges, Weld County Road 8, and properties to the west. By: Keith�� Current Planner 880258 REFERRAL LIST APPLICANT: Erie Road Joint Venture CASE NUMBER: USR-774:86:55 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: April 27, 1987 NO SR NR NO SR NR /// X County Attorney r / X Longmont Soil V Conservation Service V9595 Nelson Road X Weld County Health Dept. P.O. Box D Longmont, CO 80501 / X Engineering Department V / 7 X Union Pacific Railroad V/ X Office of Emergency Mngmt Real Estate Department �' 1416 Dodge Street X Town of Erie Room 306 Attention: Hank Epstein Omaha, NE 68100 Box 100 Erie, CO 80516 X Colorado Geological / % Survey �/ X State Highway Department 1313 Sherman Street 1420 2nd Street Room 306 Greeley, CO 80631 Denver, CO 80211 X Colorado Department of Health K X Louis Rademacher Attention: Tom Bennet Planning Commission Water Quality Control Division 13184 Weld County Road 13 4210 East 11th Avenue Longmont, CO 80501 Denver, CO 80220 X Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530/ X Left Hand Water Supply Company P.O. Box 210 Niowot, CO 80544-0210 X Dacono Fire Protection District P.O. Box 40 Dacono, CO 80514 X Weld County Sheriff's Department Attention: Rick Dill N0=No Objection SR=Specific Recommendations NR=No Response 886258 f tiff JEMORAnDUral Wl iat 474 Weld County Planning December 5, 1986 To Data • Health Protection Services /J�� ,91...E(2)7) �i�L�RADO From !'c w/Cc/ Case Number: USR-774:86:55 Name: Erie Road Joint /enture Subject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. A septic system is required for the proposed office, and it is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 2. Waste oil and other hydrocarbon wastes will be properly stored on site and recycled or deposited at an appropriate disposal site. No final disposal of waste material shall occur at this facility. 3. Portable toilet and/or holding tanks are not an approved method of sewage disposal for this type operation. By Direction of Ralph R. Wooley, M.D. 1,r APR 2 31987 Meld Co. Fianna i;ammissiarr 880258 J ^ i I r. Trn „a"a a . iuum Keith Schuett Wine Current Planner April 30, 1987 To Date Drew L. Scheltinga, County Engineer COLORADO From Erie Road Joint Venture (Bob Marx) USR-774:86:55 Subject: On the Use by Special Review Plat the Weld County Road numbers indicated are in error. The County road on the south line of Section 16 is Road 8 and on the north line of Section 15 is Road 10. We have no conflicts with the application. However, the applicant should either detail how the proposed entrance onto Weld County Road 8 is to be constructed or should be required to obtain an access permit from the Engineering Department subsequent to USR approval. In any case, proper drainage must be provided as well as roundings and width that will support commercial traffic. DLS/bf xc: Planning Referral File: Erie Road Joint Venture �S' SSS APR 3 01987 tied Co. Pining C°mWSSIO° 8862`55 ,' 1 "It f ke °`° TOWN OF E44* RIE 645 HOLBROOK P.O.BOX 100 tl ERIE,COLORADO 80516 Iksi\ 828-3843 449-3085 s tl P U74 April 30 , 1987 Weld County Planning Commission c/o Keith A. Schuett Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Case Number USR-774 : 86: 55, Erie Road Joint Venture Proposed Salvage Operation Dear Commissioners : Due to the short turnaround in getting a response out, the Erie Planning and Zoning Commission asked me to respond on their behalf to the referenced item at their workshop of April 16, 1987 . Their next regular meeting is May 7, 1987 . At that time they will formally request denial of the application by Erie Road Joint Venture group for the auto salvage operation. Following arc some of the concerns raised during our informal workshop and staff review: 1 . Inconsistency in the actual application and drawing as to the amount of ground involved in the Use by Special Review: the application indicates that 80 acres are involved, whereas, the narrative and map refer to about 48-50 acres. 2. The Erie Road Joint Venture group controls adjacent ground north of this 80 acre site. Rather than proceeding with the full 214 acres, they have applied for an 80 acr% portion of their holdings to create the appearance of legs s s L , co I m a; POLICE DEPT. METRO 449-3156 LOCAL 828-3200 P.O.SOX 510 880258 FIRE DEPT. Weld County Planning Commission April 30 , 1957 Page impact on the area. What is to prevent them from walking into the Planning Department with an application for another 80 acre site to do more salvage operations and then another application after that one is reacted to by the County until all 214 u a J is consumed with the general activity opposed by the Commission, area communities, neighbors and County st aff? 3. The statement is made that "the use and site cannot be seen from Interstate 25 at all , from any point, . . . This statement is ridiculous in light of the fact that at several points, inclusive of the Erie Interchange overpass, the site and/or portions of the site, are able to be seen. Enclosed arc photographs taken from several of the points on the I-25 right-of-way and Weld County Road #S which allow for the site to be observed by vehicular traffic. Additionally, the argument that the two previously approved objectionable uses south of the proposed site fully and/or adequately screen this new site is false. There is no screening of either operation from or to Weld County Road #8 or the I-25 overpass. You are presently able to look through the two active sites onto the proposed site. Residents to the west can view the site. A proposed six foot fence will limit the height of the auto salvage activity behind it, only for the first six feet. There is nothing to preclude piling up or stacking salvage materials. 4. The applicant is arguing that based on existing salvage operations their use is therefore justified. This gives credence to the Town' s concern and argument that they will rely on their first proposal to submit a second, third, or more applications until their full holdings are occupied by salvage activities on the 214 acres they control . They still refuse to answer the questions raised by the Town or the specific conflicts with the Weld County Comprehensive Plan. We do not believe that any use is okay simply because it generates revenue. The County and the Town have zoning regulations and comprehensive plans and other land use policies which are to guide land use decisions. 5. If the use is allowed, it should be screened on all sides as there is no guarantee that the other salvage operations will continue. Height limitations should be imposed on piling and/or stacking materials . As to fencing being started when the business starts , we would suggest that fencing go in within 90 days after approval is granted. If not completed, then the applicant should be considered in violation of the approval given. 6. We object to the rhetorical comments made by the applicant without any facts to support their remarks or Weld County Planning Commission April 30 , 1987 Page allegations. For example, "auto salvage yards have generally found more acceptance in rural areas. . . " Did they conduct a survey of rural counties and/or small rural towns in Colorado? If so, where is the report? If the use was or is so acceptable, why did the Tri-County Planning Commission and the Town of Erie Planning and Zoning Commission recommend denial of their original request? As to less visual impact, they should not be located near the interstate. 7. The geological report provided does not indicate that other uses are not able to be put on the site. This was brought out during the original application as well, but avoided by the applicant. The applicant chooses to encourage the location of a salvage operation on the site. The geologist does not say residential uses, industrial, commercial, or businesses cannot go on the site. It will just cost more to make necessary improvements due to subsurface conditions. The proposed use requires the least amount of effort and investment to improve the site. 8 . I do not know what regulations they are going by when they indicate that the proposed auto salvage operation is not of an industrial nature. We are not aware of communities which allow salvage operations in other than heavy or general industrial categories. In conclusion, the Erie Planning and Zoning Commission continues their objection to the general unsightly condition near I-25 along Weld County Road #8 involving two existing salvage operations which were approved without any required screening adjacent to Weld County Road #8. The present would contribute to the general degradation of the area and discourage other land uses from the immediate area. This, in our opinion, negatively impacts the possible development of the area. Expansion of the salvage operation will intensify the general or heavy industrial character of the area which is in conflict with the policies and interests of the Weld County Comprehensive Plan, the opportunities for mixed uses near the interchange and the stated interests of the Town of Erie to create a better entranceway to our eeMnI4 ssi ty. The Eric Planning and Zoning Commission therefore recommends The Eric denial of the request for a salvage operation and encourages other uses for the site be more actively pursued. If allowed by the County, a solid fence along Weld County Road #8 and one adjacent to the residential ground on the west should go in within 90 days after approval. There should also be a height limitation imposed to restrict the salvage activity so that further expansion does not occur on the balance of their site. --'44ten agreement signed by all parties as part of Weld County Planning Commission April 30, 1987 Page A the approvals granted should help control the use on the site and prevent expansion. Cora, -11.. ,...nry M. Epztein, Director of Community Development Administrative Officer to the Planning & Zoning Commission " HI ME: 3h mua.a.a ua r t. d y)�. • ei�f3' p( y4 ii Y.w1 T NkHti+1: y{� I L I)1 .....4,,,,..4.,,....4„..,,, h 1 .III by. SI ' ,^:R c v.�'lry to' i q1 It'' 1 •4 dY M1 X ,''''a./..r,Sn rY. ( • C j- ' ! ht ti{ 11 - y,-atr''p'!`.'k ' •..r ,,.,o:StIMMIIIIMMinge ..:$4‘k��;tall 112:1111 r air+ �s:Y -r . ,n. 'YTS �w� -T� i �!111'!��1!T�.�.E4 x1 �,i { y xa^ wp b Y I t,. )4ZiF,t>�c'S ;:i { r i�5ryd#+:i. i{° I . :. '"'r' RR {"r f�^•,ak�uett� �4M` +�.. i.-. � -. 1 1 ERIE 1, - �'� �p. "'p n , t ... AiW M n7 .— rI �—�.�-+env... ,n in, -yamI r w 1,4 !� 1 1• : 1 . k_tl 41i 9 ,1 CI��eY 1 " , q. Sv r is v yt` :'i I .*S,r..! ."•;:i.'"' r 4."w d*.: a �iY".• • ili4(L M-i eti 1 k, 4 r , r 1 I • J Y�ne „t11.-t• 1 X Y H.:I\ c 74 u.' -if -+a J6 Tens•a r, 1 tni- fir { • �?vr T � fl "I.';',,;I r` Y ue �pR. • 1 }III 6N' � { . ' 1 n o n.-F ay -.+, AICtS'.:,.2Ifi ° +k .. tA+a :..d,�. K • .. ati, ,-a. 1 v lio1 •vi. I II rTT EXHIBITV a.- k¢r] Q I 1 irLA1, • .. nm trx:w1Y1.+.x Jt b 1'Isr7p� 'A4 'etfanwN+B� .. 1.-. .., �a�ae�.r 1_. A'.�Y i"'.'p .�Fk'y�ll : • T. '� \p.tv... tril }n} NA r:.. t `:.Y CIS 1 ..- --;,,,•,-",.-,744,...:„:„..a ,.�"+� •ty•~ F.+t M, Ott 1 . - ..s '�E,' Ir 1 STATE OF COLORADO DIVISION OF HIGHWAYS P.O. Box 850 iaat4�',,,A o Greeley, Colorado 80632-0850 I N . � (303)353-1232 �� April 24, 1987 Weld Co. , I-25 Erie Rd. Joint Venture Spec. Rev. , W. Side of I-25 N. of Erie Interchange Mr. Keith Schuett Department of Planning Services DOH File 45100 Weld County 915 10th Street Greeley, CO 80631 Dear Mr. Schuett: We have reviewed the revised Erie Road Joint Venture Special Review application, and we have the following comments. The size of this proposed auto salvage site west of Interstate 25 has been considerably reduced from that of the previous submittal, which we reviewed in letters of 1/7/87 and 1/16/87. An on-site inspection of the current proposal has confirmed that this "junkyard," as defined by our regulations, should not be visible from I-25 unless vehicles were stacked unreasonably high. Therefore, we have no objection to this proposal, and no permit is required from the Department of Highways. Thank you for the opportunity to review this application. Let us know if we can provide any further information or assistance. Very truly yours, ALBERT CHOTVACS DISTRI GIN -..iii ohn Crier Di rict Planning/Environmental Manager JKC:mbc(WJ) cc: D. Norfleet File: Crier-Jacobson via Chotvacs 1 0 p..Wig T r APR 2 9 1987 [1 880259 ilela Cu. Plaint* I:nmmiscion V r DEPAF. .1EN T OF PLANNING SERVICES -tt ''',i1 R- PHONE(303)356-4000 EXT.4400 ryr. .' ; 915 10th STREET (; t C cGREELEY,COLORADO 80631 t a,,, ,,_, c" COLORADO ADO CASE NUITER USR-774:86:55 April 14, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Erie Road Joint Venture (Bob Marx) for a Use by Special Review permit for auto salvage. The parcel of land is described as part of the Si of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 8, south of Weld County Road 10, and west of I-25. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by April 28, 1987, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request CD (does/does not) comply with our Comprehensive Plan for the following reasons. 6 D C3 "ID s IND a, ^1 ,_,u,--,�j 2. We do not have a Comprehensive Plan, but we feel this request m, n t/G] (is/is not) compatible with the interests of our aco �] town for the following reasons: M M. 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please efer to the enclosed ietter,DaCOnoArea Fire Prot, Dist Box 40 Signed: Agency: Daconn Colorado 80514 Date: i-,rp p/n 880258 C � czNor o )xna d -rI scaltn °d.S1d `b+y April 18 , 1987 Mr. Keith Schuett Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: Erie Road Joint Venture: Case USR-774:86: 55 Apr. 14,1987 Sir: I refer to our letter dated December 26, 1986, a copy of which is included in this reply, as to our requirements of the same property, but now ammended in size and use. As I now read the application I see four or five seperate auto salvage on 10 acre minimum lots, using the approximately 48 acres involved. Our requirements will generally be the same as before, and they are outlined herein: 1. Prior to construction on any of the lots or plots, a detailed plot plot plan is to be submitted to the fire district for review and recommendations. 2. Access Roads will be in accordance with Article 10, Section 10: 207 Uniform Fire Code, 1985 Edition. 3. Addressing of each property will be as per Article 10, Section 10: 208 , Uniform Fire Code, 1985 Edition. 4. Plan for construction and use of each individual lot or plot is to be submitted for fire safety requirements as per Uniform Fire Code, 1985 Edition, prior to construction on said lot or plot. 5. Water Storage or Supplies shall be required as per Insurance Services Office Guide for determination of required fire flows, and all water supplies or storage and facilities shall be in place accepted and usable, prior to any construction, use or storage on said lots or plots. 6. All on site access roads and fire safety proceedures shall follow the timetables and requirements of the Uniform Fire Code, 1985 Edition as adopted. 7. On sight burning of auto and vehicle bodies, trash, junk, or debri of any type or kind shall be Prohibited, Except when done in an APPROVED INCINERATOR, and with permit from the Colorado and or the Weld County Health Departments. 8 . All laws as per the use, storage and disposal of any hazardous materials shall be adhered to. 9 . Property shall have in place and operational on the premises, a method, acceptable, to notify public officials in case of emergency, prior to use of said property. DACONO, COLORADO 20514 880253 USR-774:86: 55 A , 14, 1987 Continued: 10. Portable fire extinguishers shall be required as needed a-s set forth in the Uniform Fire Code, 1985 Edition as adopted. 11. Each property shall be conspicously posted with the name and phone number of the owner, operator or contact person to be called in the need or emergency. In summary, we do not dis-allow the storage of water in tanks located on the property at convenient placements, with fire department pumper connections installed, and a proven method of keeping the supply full at all times, or the use of storage ponds which shall be equipped with satisfactory dry hydrant systems, placed where year around access is available to the fire pumpers, and a year around supply of water as required is available, or of course the installation of adequate water supply lines and hydrants. We do not object to the specific use of the area, if it is determined as satisfactory by the Planning Commission and the County Commissioners, after the necessary hearings, public input etc. Our only objective is the fire and life safety protection of the property and surrounding areas. I respectfully request to be notified of the date and time of the hearings on this special use permit before the Weld County Commissioners if you will. Thar-127c 66eld" ill pph W. Fuss Dissttrbt Fire Chief Dacono Area Fire Prot. Dist . Dacono, Colorado 80514 880258 Dacono Area Fire Protection District 4.,14 December 26, 1986 :<s Mr. Keith Scheutt Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: Erie Road Joint Venture: Case #USR 774:86: 55 Sir: The Dacono Area Fire Protection District, Fire Prevention Bureau, has reviewed the site plan submitted and has the follow- ing comments: 1 . Dacono Fire has no problem with the anticipated use of this property if the following requirements are met. 2. When Mr. Marx spoke with assistant chief R. Fuss, he indicated only an automobile salvage business on approximately 10 acres of this parcel. No other details were given. Asst. Chief R. Fuss indicated on site water storage would be a requirement, or other means for fire fighting water supply. However, now that the complete plan is in, the addition of a Recreational Vehicle Storage Lot, a Mobile Home storage lot, storage of Oil Field equipment (which could include empty diesel fuel frac tanks),and storage of farm and construction equipment, plus the auto and truck salvage lots, we have a much greater need of fire fighting water supply. With 20 seperate occupancies listed, and no plans for any structures or their sizes if included, we can only state that Water Supply must be in accordance with Article 10, Div. III, Uniform Fire Code, 1985 edition as adopted. This may require Multiple on site storage tanks of varied or large sizes, or more probably a Water Main and Hydrant system, or a combination of both. 3. Access Roads: a. Those indicated from WCR-10 and WCR-8 are acceptable, and in addition, Fire Department access Roads into each lot or occupancy must be developed in accordance with Article 10, Section 10: 207 Uniform Fire Code, 1985 Edition. 4. Addressing and identification of each property in accordance with Article 10, Section 10: 208, Uniform Fire Code, 1985. 5. Plans for each occupancy must be submitted to the Fire Bureau for recommendation and approval, approval of water supply, entry" roads, fire prevention systems, and construction req- uirements prior to any construction. All kpecifications and requirements will be as per Uniform Fire Code, 1985 Edition as adopted. DACONO, COLORADO 80514 880258 USR 774:86: 55 cont: 6. Due to size and number of occupancies in this developement, and proposed uses of the occupancies, all water flows and supplies for fire fighting will be based on the Insurance Services Office, "Guide for determination of Required Fire Flows" . 7. All Water Supplies and All Access Roads to be installed as per timetables in Article ,10, Section 10: 301 (d) (e) , Uniform Fire Code, 1985 edition as adopted. 8 . As plans are furnished on each lot or occupancy, all require- ments of the 1985 Uniform Fire Code will apply. Finally, I do not dis-allow the on site storage of water in tanks or vessels for this project, BUT it may very well be that the number of tanks that will be needed, due to access ways, types and sizes of occupancies, may be more expensive and less desire- able than a water main and hydrant system. This will all be determined when plans of the occupancies are presented. esP tfu /O seph W. Fuss / istrict Fire Chief Dacono Area Fire Dist. Dacono, Colorado 80514 880258 + s DEPA' MENT OF PLANNING SERVICES PHONE(303)3554000-EXT.440C _'a� `V '�• 915 10th STREET fill GREELEY.COLORADO 8063' 5 c.c.,. ‘ • t.:,::,_, --, ,,. 11 ,.. ..„ ...... ..„,.. . , ,..„ , - COLORADO � CASE NUPBER USzR-774:66:55 COLORADO April 14, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Erie Road joint Venture (Bob Marx) for a Use by Special Review permit for auto salvage. The parcel of land is described as part of the Si of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 8, south of Weld County Road 10, and west of I-25. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will -ensure prompt consideration of your recommendations. Please reply by April 28, 1967, so that we may give full consideration to your recommendation. Please call -Keith A. Schuett, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. ec : ,.,.,-,,i c r,'� 1. V We have reviewed this request and find that the request z ,�l (does .oes n. .) comply with our Comprehensiv/e Plan A LT_ for the following reasons. Scr«_. ' c1 -,, S-4c ea, nj r� f.o. fir. 1? . 1 (4 &1 P.,1 <�4 -w T -1� S tND i rui .1-,-.-N-;5 .-.0 - AA J e c., at� . ( L co / c >—1 2. We do not have a Comprehensive Plan, but we feel this request a CO �] (is/is not) compatible with the interests of our a a town for the following reasons: Q _ 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. "i.-�Signed: 1F-- 1 /,_ Agency: u.Ofati - 7',L.z ‘-r: •-S lx.r 0. t Date: X43/ ' 880253 waists;_ of C01 ,�it>, Roy R. Romer Lt* c) 90; WE-87-0023 JOHN W. HOLD GOVERNOR DIRECTOR 1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 May 6, 1987 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Gentlemen: RE: ERIE ROAD JOINT VENTURE We have received from you, and reviewed, the materials for the proposed land-use change for a parcel of land in S1/2 15, TIN, R68W, Weld County. The proposed use is for an automobile salvage facility (junkyard) . Generally this use should not encounter serious difficulties related to geologic conditions. However, since the area is undermined, the possibility of subsidence effects should not be ignored. These may in time cause drainage changes on the site. In addition, any permanent improvements, such as industrial buildings on concrete slabs, may be subject to damage. As the land use proposed entails construction of very few, if any of these, we do not consider them to be a potentially serious problem. Other than for the concerns mentioned above, and the recommendations made by the consultants and those in the ' use by special review' application are followed, then we have no geology-related objection to it. Sincerely, 911, Sinetit amen M. Soule Engineering Geologist bcr:JMS-87-042 3434/2 1 MAY 8 1987 GEOLOGY Afilc Gu. °Idwun:: STORY OF THE PAST.. . KEY TO THE FUTURE 88.,g-.258 SURROUNDING PROPERTY OWNER USR-774:86:55 ERIE ROAD JOINT VENTURE John T. , Shriley A. , & Gary L. Cleland 2474 Weld County Road 7 Erie, c0 80516 U. P. Land Resources Corporation Box 2500 Broomfield, CO 80020 Norman Lovely Columbine Iron and Metals, Incorporated 3747 Weld County Road 8 Erie, CO 80516 C.L. and Alois L. Elrod Michael J. and Nancy Coufal 3470 Weld County Road 7 Erie, c0 80516 LaVerne A. and Mary I. Mueller 3540 Weld County Road 7 Erie, CO 80516 John T., Shirley A. , & Gary L. Cleland 2474 Weld County Road 7 Erie, CO 80516 R J and Company A Parnership 3690 Weld County Road 7 Erie, CO 80516 George H. and Judith Ruff 3888 Weld County Road 7 Erie, CO 80516 U.P.Land Resources Corporation Box 2500 Broomfield, CO 80020 Maybelle, Annie, Jane, Mary Irene Wright 564 Main Erie, CO 80516 Earl L. and Ruth S. Arneson 3206 Weld County Road 8 Erie, CO 80516 @80255 Page 2 Roland and Isola B. Bury 3206 Weld County Road 8 Erie, CO 80516 Norman Lovely Columbine Iron and Metals, Incorporated 3747 Weld County Road 8 Erie, CO 80516 • 880258 SURROUNDING MINERAL OWNER USR-774:86:55 ERIE ROAD JOINT VENTURE Union Pacific Land Resources Corp. P.O. Box 2500 Broomfield, CO 80020 880258 May 3 , 1987 Mr . Keith Schuett Department of Planning 915 10th Street Greeley, Colorado 80631 Re : USR-774 : 86 : 55 April 14 , 1987 ERIE ROAD JOINT VENTURE Sir : We are writing in regard to the new application submitted to your office by Erie Road Joint Venture on April 14 , 1987 . We , George H. and Judith H. Ruff , wish it to be known to the Department of Planning and the Weld County Commissioners that we are very opposed to this use of very good agricultural land . Not only would productive land be lost to Weld County , but this proposed use would only create another unsightly , property de-valuating , noise polluting , air polluting business in this area . It is very apparent this intended use is not consistent with the Weld County Comprehensive Plan; it is not consistent with the intent of the district (24 . 7 . 1 . 3) ; and it has not shown that it is at all compatable with the Master Plan of the town of Erie . The WCCP stipulates in the section "Agricultural Policies" that prime land shall be preserved for agricultural use . This land in question has been in full production for at least the past eight years . At the time of purchase of our farm at 3888 Weld Road 7 we were told by the Erie Road Joint Venture sales representative that their intent for all the land in section 15 was to maintain the land for agricultural purposes . We feel this application is a breach of good faith by the seller . All of the properties in 880253 -2- this secti-on have increased in tax value to Weld County because of good improvements with a goal toward promoting the agricultural industry . We are also concerned with the impact of traffic on the unpaved roads creating a greater dust health hazard to this area. We are already experiencing a dust problem from trucks used in the oil industry , existing auto salvage operations , scrap metal businesses and many others who use these county roads . We believe the Weld County Health Department should take a look at this proposal using this dust problem as part of their criteria for study. The agricultural industry is not a major contrubutor to the dust pollution because of the slower movement of equipment and the common courtesy shown by the operators . This courtesy is not shown now and never will be by operators of equipment moving to an industrial area. It is our understanding that if an area is to be clustered with industrial or commercial uses all of the roads that could be used for access must have paved surfaces . This cost would be a great burden to Weld County taxpayers . If this parcel of land in question was used as an auto salvage or junk yard , it would be highly visible from Weld County Road 8 , portions of Interstate 25 , the Interstate 25 overpass at exit 232 and all properties to the west and the northwest . Solid fencing to screen an auto salvage yard from Weld Road 8 would have to be at least ten feet high to conceal only half of the site . This is not a practical application because of winds in the area. Section 24 . 5 . 1 . 10 in the Zoning Ordinancesspecifically requires this screening. It is our understanding that USR-774 : 86 : 55 is requesting one use only on one parcel of land of approximately 48 acres . Setting aside a parcel of land of this size for the purpose of a junk yard is totally unacceptable to the surrounding property owners . 880259 -3- It would be a very unsightly addition to Weld County along Interstate 25 and the connecting roadways . Use by Special Review for a junk yard should not be considered on any parcel of land this close to any interstate highway . The approval of this USR would not be considerate of the health, safety, convenience and general welfare of the present and future residents of Weld County . We request that this letter in opposition be presented to the Weld County Planning Commission and to the Weld County Commissioners . Sincerely , it176.ea -,--x ,ei,_ Mr. and Mrs . George Ruff 3888 Weld County Road 7 Erie , Colorado 80516 otl� E MAY 7 1987 Weld to. Planing Eamrainn 880258 FROM: Erie Road Joint Venture Robert P. Marx, Managing Venturer TO: Department of Planning Services 915 10th Street Room #342 Greeley, CO 80631 REGARDING APPLICATION REQUIREMENTS 1. A completed application is attached. - - 2. Detailed description of proposed operation and use: A. Proposed Use Erie Road Joint Venture, the undersigned applicant and owner, is applying for a "Use by Special Review" on approximately 48 acres lying in the SE 1/4 of Section 15, Township 1 North, Range 68 West, (Interstate 25 and the Erie Road). The proposed use is motor vehicle salvage. The site was selected for the natural visual screening of this site by the Union Pacific Railroad grade from northeast to southwest. The use and the site cannot be seen from Interstate 25 at all , from any point, because of the natural terrain and the up to 30 foot high railroad berm. -No pipelines or other utilities cross the property. There will be no toxic or hazardous or wooden material or waste permitted, and there will be no burning permitted. B. Need for Use The need for such use is created because cities, towns and county urban areas prevent, preclude and deny any expansion or change in existing motor vehicle salvage and storage areas. Motor vehicle salvage must be-on cheaper land, away from more intense uses. Greater variety of autos and longer life parts are less expensive, making salvage an expanding and stable business which is also environmentally desirable. A secondary economical consideration is a central location to store vehicles, not on streets. C. Existing Uses on Surrounding Properties There are two adjoining and existing similar uses. The David J. Joseph Company is a rail and track sorting & salvage operation. Its primary customer is the Union Pacific Railroad which adjoins our property on two sides. The other adjoining user is Columbine Iron and Metals, Inc. , 880258 8 a recycling yard for ferrous and non-ferrous metals, which adjoins our property on the south and east, and is adjacent to Weld County Road #8 (Erie Road). These existing uses further shield the proposed use from visual impact to Interstate 25 and the Erie Road. The other surrounding and adjoining properties to the west are agricultural in nature. Erie Road Joint Venture owns the adjoining property to the north and it is used for agriculture. D. Distance to Residential Structures The closest residences in any direction are directly west and the six residences are over 2,500 feet away from the storage or central area. E. Maximum Number of Users, Patrons, Members and Buyers The estimated number of users and customers will be 15-20, and some will be our lessees. We contemplate a 10 acre minimum per user or lessee. F. Number of Employees, Number of Shifts and Hours of Operation The number of employees is estimated at about 4 to 6, working normal daylight business hours. G. Water Source We have paid for and received tap request #783, dated December 31, 1986 from the Lefthand Water Supply Company, Box 210, Niwot, Colorado, 80544-0210. H. Access Route(s) to be Utilized The access to be utilized is one access from Weld County Road 8, where the applicant owns 100 feet of frontage. No other frontage exists. This access is about 1/2 mile from I-25 right-of-way. No storage will be permitted along access route, which is over 600 feet from County Road 8. I . Vehicular Traffic Vehicular traffic would be primarily pickup, wrecker, flat-bed truck or semi-trailer. Size and weight would be similar to the average traffic size and weight on I-25. Frequency estimation is 10 vehicle trips per day at full utilization. J. Sewage Facilities Sewage facilities initially would be portable toilets and/or holding tanks. Septic tanks and leaching fields would be installed after approval by the Weld County Health Department, if necessary. 880253 K. Fire Protection Measures Conversations with Assistant Fire Chief Bob Fuss, 833-3896, Dacono Fire Protection District, P.O. Box 40, Dacono, Colorado, 80514, indicate the District has no specific concerns. A site plan showing access to the area will be furnished to the District. Discussions are proceeding to provide the District some "on site" water storage for pumpers through a natural pond or storage tanks. L. Animals on the Area No commercial animals will be in the area. There may be guard dogs and/or dogs as family pets. M. Waste, Stockpile or Storage Areas No waste, animal or otherwise, will be stockpiled or stored. N. Storm Water Retention Facilities No surface change, or material change, in the ground water conditions or co-efficients of storm water or irrigation water run-off from present dry land farm use. 0. Removal and Disposal of Debris and Waste The time schedule and method of removal and disposal of debris, junk and waste will be governed by the terms and conditions of the lease agreement of Lessees and Erie Road Joint Venture, Lessor. P. Landscaping Plans and Erosion Control Measures An "opaque fence" will be installed along the northerly boundary of approximately 2,080 feet and along the west boundary of approximately 700 feet. The opaque fence will be a chain link fence, six feet high, with alternating and crossing venetian blind-like metal strips woven into the fence itself. Up close the fence can be seen through, but at a distance of a few hundred feet, it becomes solid in appearance. It will provide a visual screen, keeping our land from view from our neighbors to the west, and separate this site from adjoining uses and animals. Q. Reclamation Procedures Reclamation upon cessation would be to return to agricultural use. R. Time Table Fence construction would start and be complete as soon as is practical within 90 days after business starts. 88025 3. Statement Regarding the Weld County Comprehensive Plan A. The applicant feels the proposed use is consistent with the Weld County Comprehensive Plan for the following reasons: 1. The selected area does not remove "prime" agricultural land from farming. 2. The proposed use, while not agriculturally oriented, can be used by the agricultural community. It also does not adversely affect the total economy or environment. 3. The proposed use does not conflict with existing uses to the south. No new facilities or utility services or roads are required that could be provided at less expense to the tax- payer by locating adjacent to an existing community. Other public services such as schools, health services, etc. are not required. Auto salvage yards have generally found more acceptance in rural areas where there is adequate space for open storage and less visual impact on the aesthetics of the community. 4. No agricultural water exists with the property and no water is being used by the proposed use. 5. Water, air and surface pollution will be minimal with the proposed use. Surface drainage and prevalent winds are away from the existing agricultural uses to the west and towards I-25. The visual impact of the use is also minimal due to the terrain, the existing railroad fill and the proposed perimeter fence. 6. The proposed use is in compliance with the mixed use development corridor along I-25 as discussed in county wide meetings of June 4, November 25 and December 10, 1986. Industrial type use should not be encouraged or discouraged, but simply controlled. The "Use by Special Review" is the procedure being used to provide this review and control . B. Statement on the Intent of the District The proposed use is consistent with the intent of the agricultural district in that alternate uses be allowed with adequate controls, and it does not remove agricultural land or water from use. It is located in a geological hazard that is not suitable for more inten- sive uses. It will add to the economy of the area with a minimal demand on services. It is a use that can be removed for a better use at a minimal expense. 880258 C. Statement on Conserving Productive Agricultural Land in the Agricultural Zone District This land is presently used as natural grass range land. There are no water rights with this land. Soil symbol 67 on the Soil Conservation Service map has a slope of 3 to 5 per cent. Prime farmland in this classification requires irrigation with an adequate supply of water, and a slope of 0 to 3 per cent. Cleland Dairies has farmed this and adjacent land for 14 years, and it has not been practical to upgrade this site by extending their irrigation. D. Statement on the Protection of the Health, Safety and Welfare of the Inhabitants of the Neighborhood and County There should be no particular health hazard connected with the location or operation of the Motor Vehicle Salvage. There are no significant amounts of air, water or soil pollution associated with this use. Safety is provided by fencing the area and the singular access with minimal frontage. Public safety will be provided by the Weld County Sheriff' s Office and Dacono Fire Protection District. Additional employment should contribute to the general welfare of the area. E. Statement on Compatability with the Existing Surrounding Land Uses The proposed use is compatible with the existing uses within 1/4 mile, which are two salvage yards, railroad, I-25 and dry and irrigated farmland. The nearest residence is approximately 2,500 feet distant from the storage or central portion of the site. The proposed use is not of an industrial nature and has a negligible im- pact on the environment. The increase in traffic will be minimal and generally directed toward I-25 and not in front of the existing residences in the area. The use of the land to the south in Section 15 is owned by Columbine Iron and Metals, Inc. and is used for ferrous and non-ferrous metal salvage. Also adjacent on the south is the David J. Joseph Company which does railroad materials salvage and sorting. The use of the land to the west is owned by five residents who all farm and live on their land. We own and dry farm the land to the north. Cleland Dairies farms for us and all four other residents to the west of us. F. Statement on Compatability with the Future Development of the Surrounding Area Future development on this tract is limited by the geologic hazard overlay and the existing railroad lines. The agricultural zoning on this tract will continue to be under pressure due to the above condi- tions, the terrain, type of soil and lack of water. Other tracts will be affected by I-25 and the interchange. Whereas this tract is in the Erie Growth area, it is on the fringe and no comprehensive plans exist as to the future use of this area. 880258 G. Statement on Overlay District Area The proposed area is not in a flood plain, but is in a geologic hazard area in that it has been undermined and the coal removed over the past fifty years. A geo-technical report done by F.M. Fox Co. is attached and indicates a hazardous building zone. H. Proof That a Water Supply Will be Available The proposed area is within the Northern Colorado Water Conservancy District and can be served by Left Hand Water Supply Company, from whom we have received the tap request #783. I . A Copy of the Deed or Legal Instrument A copy of the Deed identifying the ownership interest and the power of attorney is provided. J. Noise Report No noise report is submitted; operation does not produce abnormal noises and is subject to present noise regulations. K. Soil Report Soil Conservation Service information is submitted and attached. L. Certified List of the Names, Addresses, Parcel Identification Number of the Surface Estate within Five Hundred Feet of the Property Certified Ownership list is submitted by McRae and Short. M. Certified List of the Names and Addresses of Mineral Owners on or Under the Parcel of Land The names and address of the mineral owner and mineral lessee and operator is submitted. 880238 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: Part of LEGAL DESCRIPTIONOF SPECIAL REVIEW PERMIT AREA: S0. 1/2 Section 15 T 1 N, R 68 W LEGAL DESCRIPTION of contiguous property owned upon which Special -Review Permit is-proposed:Part Of S i Section 15 T 1 N, R 68 W Property -Address (if available) Unimproved NW of Erie Road and I-25 PRESENT ZONE Agriculture OVERLAY ZONES None- TOTAL-ACREAGE 80 M/L PROPOSED LAND USE Motor Vehicle Salvage EXISTING LAND USE Agricultural SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Erie Road Joint Venture Address: 3701 South Broadway city Englewood Zip 80110 Home Telephone 0 798-4682 Business Telephone 0 761-4004 Name: Address: City Zip Home Telephone i Business Telephone 0 APPLICANT OR AUTHORIZED AGENT (if different than above): Name: % Robert P. Marx - Managing Venturer Address: 3701 South Broadway city Englewood Zip 80110 Home Telephone 0 798-4682 Business Telephone 0 761-4004 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Union Pacific Railroad Address: 1416 Dodge Street city Omaha, Nebraska zip 68179 Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowled e. COUNTY OF WELD ) STATE OF COLORADO ) gna ure: Owner or Authorized Agent -. Subscribed and sworn to before me this 25- d y of `/-t^ 19w. f^'•, (r r, h1 J. NOTARY PUBLIC •�. Co. fat/ :My ceiselon expires L/ 4 /99O ��J/ mst 6802 56 � f CONSULTING ENGINEERS & GEOLOGISTS . I C SS _ C. III• SOIL, FOUNDATION G GEOLOGICAL INVESTIGATIONS ( 4765 INDEPENDENCE ST. • WHEAT RIDGE (DENVER), COLORADO 80033 • TEL. (303) 4245578 S 1 t October 30, 1972 Northmoor Realty Corporation First National Bank Building of Northglenn Suite 622 10701 Melody Drive Denver, Colorado 80234 Job No. 2-589 Subject: Evaluation of coal mine subsidence possibilities on a 412 acre tract in Section 15, Township 1 North, Range 68 West, Weld County, Colorado We have reviewed the survey maps of the mine workings, assessed public records and inspected the surficial conditions at the site. This letter will present a summary of our findings and will outline some potential development plans . The coal mine workings of the Eagle Mine lie 370 to almost 400 feet below the ground surface of the subject area. Mine survey maps show that approximately 80% of the subject area has been mined by the room and pillar method with most of the pillars having been extracted. This has resulted in roof collapse fairly uniformly throughout the mine. In our discussion with those familiar with the mining techniques, it was revealed that most roof collapses occurred within 3 to 5 hours after the pillars had been removed. Mining has apparently been continuous since 1940 to the present in the subject area. Surficial evaluations indicate that subsidence has occurred in several areas . Notably, an elongated subsidence feature which trends northwest-southeast can be seen near the center of the west Section line. This subsidence feature is directly over the large mined out area that was mined in 1942. Other subsidence features such as erratic topography and badly aligned power poles correlate with mined out areas. The mine maps show an area of approximately 10 to 15 acres in the extreme northwest corner of the Section, where no mining occurred. This is because the coal seam was faulted out and the mine did not extend beyond the fault. Also, workings were limited and the pillars were not removed under the area of the right- of-way for the Union Pacific Railroad. Inasmuch as most of the obvious subsidence features were found in areas that had been mined 20 to 30 years ago, it is believed that future minor subsidence can be expected in other areas . The type of subsidences that have occurred is generally a broad down-warping of the ground surface as the ceilings and overburden sagged in- to the mined out areas . It is believed that future subsidence will probably be a relatively slow process that will only be decernable over a period of approximately a year. It is our opinion that only heavy underground blasting or a relatively severe earthquake could trigger rapid subsidence. Based on the information we have developed to date, it is our opinion that the property is not conducive to relatively high density development. It is believed that a low to moderate density on the order of 1 residence per acre may be allowable. Certain general precautions should be taken in the planning of such @80258 found.nlon Soils Investigations • FM Control • Gruu..d Water Development • Engineering Geology • Aspluill & Concrete- Dengn-Y. Lstnbl (, developments. First, all underground utilities should be designed with flexible connections at all bends , tees , junctions and straight lines more than 200 feet long. It is expected that the type of subsidence found in the area would most greatly affect underground utilities. Second, special foundation considerations must be taken. Residences should either be constructed on very rigid foundations that willresist cracking with movement or they should be constructed on floating or adjustable foundations that are flexible enough to absorb movement. The latter suggestion is considered the most practical in that the residence could be maintained at a level attitude whereas the rigid foundation would cause some tilting of the entire residence if subsidence occurs. Ideally, if development of the area is desired, it could best be used for low density, low cost structures on shallow foundations . Developments such as mobile home parks or residential development of non-masonry modular units over crawl spaces could be used. By going to the low density development, it would probably be more advisable to use on-site sewage disposal systems or leach fields than a central sewer as collection lines could be seriously affected by subsidence. Gravel topped streets with adjacent drainage ditches would be more practical than asphalt or concrete streets with concrete curb and gutter. The latter could be seriously damaged by differential ground movement. Although there is no precise way of predicting when subsidence will occur without the use of extensive underground instrumentation, it can generally be assumed that most roof caving will occur within 20 to 30 years after mining and that timbered tunnel supports, which have been used in the mine, will not last ( more than 50 years . We strongly recommend that prior to the development of the property, extensive soil testing and engineering geology evaluations be conducted to determine the best areas for development and to eliminate those areas where serious subsidence may occur. We would be happy to perform such services for you upon request. F. M. FOX & ASSOCIATES, INC. Reviewed-by: • . �.( ,��./ Bruce A. Florquist, Chief Geologist Frederick M. Fox, Pres . Copies: 3 .� ram^•.�. F`,GK iA. r BAF:hmn c� .` �, 1 u _ - 10 e� \\ -2- 880258 • l 39 v~ tit . '�' 3. 33 1. Sid 'r y S Js 'lilt.; AO ., I rf a {: 32 f`'�{ 4 �l1{. L.= r Y •'l 47 48 ' 2 xk' fix. -t EG. - 52 33 s1.• i ' eo y 66 t{ 32 Y' � a , i 40 • t0 36 66 ao 67 i "Iliffi, o g •� •o •firrI `�• ,a ' � F . :,., r ao i67 I. r:, , ..' 57 i • 11 ssM• Y t•tir . +X, 'ry 7 .1t k S+ 67 f • �'f 1 1 T F� f• M T to A l+ .66 � ! ,� 4 LN I. I , r • rl T�1 7 r 1;. i + q "s4` : t a,1 + 7 51 ' 10 67 40 'at 2 - - p r 3 1 66 i Ad .1 ' • 63 Fo. 40 ri, 66\� [ ' li i ;he* } 61 . 'f (( 8 ` ^I� 1 ,t t T �6 � $ ��t , yy. - 1f 87 . J vun -.d' 79 J �, , r _ '' [ / d ; ,_ia,•,y :ti Tc ' a- V66 79i II 1‘ I ao '� l• 'S.. ' Pc) !} ,.' e yf!, Y4' ; s7 i rr ' 67 ,• - q ' 6 d r Fr }7�J :�2 �! e3 fkit al+• 61 .7 '679 ;7 . 51 57 ,"'f� ft 7 • 3 t ' 1 �• •4 j �Y. . . ��r 't '63 is Y't ai '1'7'4' • i J1 /. i -- .�•' �� h'' r! Ii -:' a �r ) ,J. I� !ff,'R:: ��7y9tY., ' Y ,a w�,. ,; �f. t 'TtJaY.Cv� �fa3�' -79 , f ao _ h. •� :f ate: . Wye Witt/ a.ry. 12 �' � 9 i I' 7 y l 9` y "f rat r 3� 57jt, e3 '.�► S• �r fa' ! { B3 6.! f 7/ . w fi ei lb.,: , A, s!!t it.t . .� .r 4, A -1 -r<# �fi✓ fi. rw 4 e3 82 2 C 1 / ' ,�.x 2 79 r 53, 7 7`, y N 1 40 _ -4 it �x ¢kk] f� ! pp r f hs 6e 66 . a::` t-11;r 1 loafer •' . � , of•SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART United States Department of Agriculture, Soil Conservation Service, in cooperation with the Colorado Agricultural Experiment Station 38+0` 56 SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART United States Department of Agriculture, Soil Conservation Service. in cooperation with the Colorado Agricultural Experiment Station 10—Nunn loam, 1 to 3 percent slopes. This is a deep, vegetation should be continued for as many years as well drained soil on terraces at elevations of 4,550 to 5,000 possible following planting. Trees that are best suited and feet. It formed in mixed alluvium. Included in mapping have good survival are Rocky Mountain juniper, eastern are small, long and narrow areas of sand and gravel redcedar, ponderosa pine, Siberian elm, Russian-olive, and deposits and small areas of soils that are subject to occa- hackberry. The shrubs best suited are skunkbush sumac, sional flooding. Some leveled areas are also included. lilac, Siberian peashrub, and American plum. Typically the surface layer of this Nunn soil is grayish Wildlife is an important secondary use of this soil. The brown loam about 12 inches thick. The subsoil is light cropland areas provide favorable habitat for ring-necked brownish gray clay loam about 12 inches thick. The upper pheasant and mourning dove. Many nongame species can part of the substratum is light brownish gray clay loam. be attracted by establishing areas for nesting and escape The lower part to a depth of 60 inches is brown sandy cover. For pheasants, undisturbed nesting cover is essen- loam. tial and should be included in plans for habitat develop- Permeability is moderately slow. Available water ment, especially in areas of intensive agriculture. Range- capacity is high. The effective rooting depth is 60 inches land wildlife, for example, the pronghorn antelope, can be or more. Surface runoff is medium, and the erosion attracted by developing livestock watering facilities, hazard is low. managing livestock grazing, and reseeding where needed. In irrigated areas this soil is suited -to all crops com- This soil has fair to poor potential for urban develop- monly grown in the area, including corn, sugar beets, ment. It has moderate to high shrink swell, low strength, beans, alfalfa, small grain, potatoes, and onions. An exam- and moderately slow permeability. These features create ple of a suitable cropping system is 3 to 4 years of alfalfa problems in dwelling and road construction. Those areas followed by corn, corn for silage, sugar beets, small grain, that have loam or sandy loam in the lower part of the or beans. Generally such characteristics as a high clay substratum are suitable for septic tank absorption fields content or a rapidly permeable substratum slightly and foundations. Some areas of this soil are adjacent to restrict some crops. streams and are subject to occasional flooding. The poten- All methods of irrigation are suitable, but furrow ir- tial is fair for such recreational development as camp and rigation is the most common. Proper irrigation water picnic areas and playgrounds. Capability subclass Ile ir- management is essential. Barnyard manure and commer- rigated, IIIc nonirrigated; Loamy Plains range site. cial fertilizer are needed for top yields. Most nonirrigated areas are used for small grain. The soil is summer fallowed in alternate years. Winter wheat is the principal crop. If the crop is winterkilled, spring wheat can he seeded. Generally precipitation is too low for beneficial use of fertilizer. Such practices as stubble mulch farming, striperopping, and minimum tillage are needed to control soil blowing and water erosion. The potential native vegetation is dominated by blue grams. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Potential produc- tion ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grama, buf- falograss, snakeweed, yucca, and fringed sage increase; and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. Management of vegetation on this soil should he based on taking half and leaving half of the totalannual produc- tion. Seeding is desirable if the range is in poor condition. Sirleoats grama, little bluestem, western wheatgrass, blue grains, pubescent wheat grass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. ,(� Windbreaks and environmental plantings of trees and C-61�1i �� shrubs commonly grown in the area are generally well li J suited to this soil. Cultivation to control competing • 67—Ulm clay loam, 3 to 5 percent slopes. This is a Wildlife is an important secondary use of this soil. The deep, well drained soil on plains at elevations of 5,075 to cropland areas provide favorable habitat for ring-necked 5,200 feet. It formed in alluvial and eolian sediments from pheasant and mourning dove. Many nongame species can shale. Included in mapping are small areas of soils that be attracted by establishing areas for nesting and escape have shale between depths of 40 and (30 inches. Also in- cover. For pheasants, undisturbed nesting cover is essen- chided are small areas of soils where the surface layer tial and should be included in plans for habitat develop- and subsoil have been recharged with lime from irriga- ment, especially in areas of intensive agriculture. Range- tion land wildlife, for example, the pronghorn antelope, can be Typically the surface of this Ulm soil is brown clay attracted by developing livestock watering facilities, loam about 5 inches thick. The subsoil is brown and pale managing livestock grazing, and reseeding where needed. brown clay about 12 inches thick. The substratum to a This soil has poor potential for urban and recreational depth of 60 inches is clay and clay loam. development. Slow permeability and high shrink swell Permeability is slow. Available water capacity is high. cause problems in dwelling and road construction. Capa- The effective rooting depth is 60 inches or more. Surface bility subclass IIle irrigated, IVe nonirrigated; Clayey runoff is medium, and the erosion hazard is moderate. Plains range site. In irrigated areas this soil is suited to the crops com- monly grown in the area. Perennial grasses and alfalfa or close grown crops should be grown at least 50 percent of the time. Contour ditches and corrugations can be used in irrigating close grown crops and pasture. Furrows, con- tour furrows, and cross slope furrows are suitable for row crops. Sprinkler irrigation is also desirable. Keeping til- lage to a minimum and utilizing crop residue help to con- trol erosion. Maintaining fertility is important. Crops respond to applications of phosphorus and nitrogen. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 28 bushels per acre. The soil is summer fallowed in alternate years to allow moisture accumulation. Generally precipitation is too low to make beneficial use of fertilizer. Stubble mulch farming, striperopping, and minimum til- lage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation is dominated by western wheatgrass and blue grama. Buffalograss is also present. Potential production ranges from 1,000 pounds per acre in favorable years to 600 pounds in unfavorable years. As range condition deteriorates, a blue grama-buf- falograss sod forms. Undesirable weeds and annuals in- vade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Range pitting can reduce runoff. Seeding is desirable if the range is in poor condition. Western wheatgrass, blue grama, sideoats grama, buffalograss, pubescent wheatgrass, and crested wheatgrass are suitable for seed- ing. The grass selected should meet the seasonal require- ments of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most success- ful. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, 880258 lilac, Siberian peashrub, and American plum. • 79—Weld loam, 1 to 3 percent slopes. This is a deep, The potential native vegetation is dominated by blue well drained soil on smooth plains at elevations of 4,850 to grama. Several mid grasses, such as western wheatgrass 5,000 feet. It formed in eolian deposits. Included in and needleandthread, are also present. Potential produc- mapping are small areas of soils that have a subsoil of lion ranges from 1,600 pounds per acre in favorable years loam and light clay loam. Also included are some leveled to 1,000 pounds in unfavorable years. As range condition areas. deteriorates, the mid grasses decrease; blue grama, huf- Typically the surface layer of this Weld soil is brown falograss, snakeweed, yucca, and fringed sage increase; loam about 8 inches thick. The subsoil is brown and pale and forage production drops. Undesirable weeds and an- brown heavy clay loam and light clay about 20 inches nuals invade the site as range condition becomes poorer. thick. The substratum to a depth of 60 inches is silt loam. Management of vegetation on this soil should he based Permeability is slow. Available water capacity is high. on taking half and leaving half of the total annual produc- The effective rooting depth is 60 inches or more. Surface tion. Seeding is desirable if the range is in poor condition. runoff is slow, and the erosion hazard is low. Sideoats grama, little bluestem, western wheatgrass, blue In irrigated areas this soil is suited to all crops corn- grama, pubescent wheatgrass, and crested wheatgrass are manly grown in the area, including corn, sugar beets (fig. suitable for seeding. The grass selected should meet the 8), beans, alfalfa, small grain, and onions. An example of a seasonal requirements of livestock. It can be seeded into suitable cropping system is 3 to 4 years of alfalfa fol- a clean, firm sorghum stubble, or it can be drilled into a lowed by corn, corn for silage, sugar beets, small grain, or firm prepared seedbed. Seeding early in spring has beans. Land leveling, ditch lining, and installing pipelines proven most successful. are needed for proper water applications. Windbreaks and environmental plantings are generally All methods of irrigation are suitable, but furrow ir- well suited to this soil. Summer fallow a year before rigation is the most common. Barnyard manure and corn- planting and continued cultivation for weed control are mercial fertilizer are needed for top yields. needed to insure establishment and survival of plantings. 'this soil is well suited to winter wheat, barley, and Trees that are best suited and have good survival are sorghum if it is summer fallowed in alternate years. Rocky Mountain juniper, eastern redcedar, ponderosa Winter wheat is the principal crop. The predicted average pine, Siberian elm, Russian-olive, and hackberry. The yield is 33 bushels per acre. If the crop is winterkilled, shrubs best suited -are skunkbush sumac, lilac, Siberian spring wheat can be seeded. Generally precipitation is too peashnrb, and American plum. low for beneficial use of fertilizer. Openland wildlife, such as pheasant, mourning dove, Stubble mulch farming, striperopping, and minimum til- and-cottontail, are best suited to this soil. Wildlife habitat loge are needed to control soil blowing and water erosion. development, including tree and shrub plantings and Terracing also may be needed to control water erosion. grass plantings to serve as nesting areas, should be suc- cessful without irrigation during most years. Under ir- rigation, good wildlife habitat can be established, benefit- ing many kinds of openland wildlife. This soil has good potential for urban and recreational development. The chief limiting soil features for urban development are the shrink-swell potential of the subsoil as it wets and dries and the limited capacity of the soil to support a load. Lawns, shrubs, and trees grow well. Capa- bility subclass Ile irrigated, Illc nonirrigated; Loamy Plains range site. 880250 • POTENTIAL PRIME FARMLANDS WELD COUNTY, COLORADO, SOUTHERN PART SOILS WITHIN THE FOLLOWING MAP UNITS ARE IDENTIFIED AS PRIME FARMLAND IF IRRIGATED WITH AN ADEQUATE SUPPLY OF WATER. FOOT- SYM- NOTE SOL MAP UNIT NAME 1 ALTVAN LOAM, 0 TO 1 PCT SLOPES 2 ALTVAN LOAM, 1 TO 3 PCT SLOPES 5 ASCALON SANDY LOAM, 1 TO 3 PCT SLOPES 2 • 6 ASCALON SANDY LOAM, 3 TO 5 PCT SLOPES 8 ASCALON LOAM. O TO 1 PCT SLOPES 9 ASCALON LOAM, 1 -TO 3 PCT SLOPES 11 PRESSER SANDY LOAM, 0 TO 1 PCT SLOPES 12 BRESSER SANDY LOAM, 1 TO 3 PCT SLOPES 14 COLBY LOAM, 0 TO 1 PCT SLOPES 15 COLBY LOAM, 1 TO 3 PCT SLOPES • 19 COLOMBO CLAY LOAM, 0 TO 1 PCT SLOPES • 20 COLOMBO CLAY LOAM, 1 TO 3 PCT SLOPES • 21 DACONO CLAY LOAM, 0 TO 1 PCT SLOPES • 22 DACONO CLAY LOAM, 1 TO 3 PCT SLOPES 23 FORT COLLINS LOAN. 0 TO 1 PCT SLOPES 24 FORT COLLINS LOAM, I TO 3 PCT SLOPES 5 25 ILAVERSON LOAM, 0 TO 1 PCT SLOPES 26 HAVERSON LOAM, 1 TO 3 PCT SLOPES 27 HELOT SILTY CLAY, 1 TO 3 PCT SLOPES • 29 JULESBURG SANDY LOAM, 0 TO 1 PCT SLOPES • 30 JULESBURG SANDY LOAM. 1 TO 3 PCT SLOPES 31 KIM LOAM, 0 TO 1 PCT SLOPES 32 KIM LOAM. 1 TO 3 PCT SLOPES • 39 NUNN LOAM, 0 TO 1 PCT SLOPES • 40 NUNN LOAM. 1 TO 3 PCT SLOPES • 41 NUNN CLAY LOAM, 0 TO 1 PCT SLOPES • 42 NUNN CLAY LOAM, 1 TO 3 PCT SLOPES 46 OLNEY FINE SANDY LOAM, 0 TO 1 PCT SLOPES 47 OLNEY FINE SANDY LOAM, 1 TO 3 PCT SLOPES 2 48 OLNEY FINE SANDY LOAM, 3 TO 5 PCT SLOPES 50 OTERO SANDY EDAM, 0 TO 1 PCT SLOPES 51 OTERO SANDY LOAM, 1 TO 3 PCT SLOPES 2 52 OTEPO SANDY LOAM, 3 TO 5 PCT SLOPES • 54 PAOLI LOAM. 0 TO 1 PCT SLOPES • 55 PAOLI LOAM, 1 TO 3 PCT SLOPES 66 ULM CLAY LOAM, 0 TO 3 PCT SLOPES 2 67 USA CLAY LOAM, 3 TO 5 PCT SLOPES 75 VONA SANDY LOAM, 0 TO 1 PCT SLOPES 76 VONA SANDY LOAM, 1 TO 3 PCT SLOPES • 78 WELD LOAM. 0 TO 1 PCT SLOPES • 79 WELD LOAM. 1 TO 3 PCT SLOPES • 80 WELD LOAM, 3 TO 5 PCT SLOPES 81 WILEY-COLBY COMPLEX, 0 TO 1 PCT SLOPES 82 WILEY-COLBY COMPLEX. 1 TO 3 PCT SLOPES 2 83 WILEY-COLBY COMPLEX. 3 TO 5 PCT SLOPES PORTIONS OF TIlE FOLLOWING MAP UNITS ARE IDENTIFIED AS PRIME FARMLAND IF THE FOOTNOTED CONDITIONS ARE MET AND IRRIGATED WITH AN ADEOUATE SUPPLY OF WATER. 1 16 COLBY LOAM, 3 TO 5 PCT SLOPES 1 1B COLBY-ADENA ].GAMS, 3 TO 9 PCT SLOPES 1 33 KIM LOAM. 3 TO S PCT SLOPES • 1 77 VONA SANDY LOAM. 3 TO S PCT SLOPES EXPLANATION OF FOOTNOTES - footnote Designation • Hap unit qualifies as High Potential Dry Cropland. This is a category of "Farmlands of Statewide Importance." •• The soil survey is not completed. The list of soils which meet the requirements for Prime Farmlands will be updated. 1 Portions of this map unit which have smooth, even slopes of less than 6 percent would qualify as Prime Farmland if Irrigated with an Adequate Supply of Water. 2 Small portions of this map unit may exceed the-maximum allowable slope range for Prime Farmland or portions may occur on ridges where soil erosion criteria is exceeded. These areas would-be excluded from Prime Farmland. 3 Portions of this map unit which have been drained and salinity reduced below a level of 4 amhos/on would be included In Prime Farmland. 4 This map unit occurs in areas where soils differ greatly over short distances. The map unit is defined too broadly to assign a Prime Farmland designation.. Portions of the map unit may qualify as Prime Farmland. 5 Only those portions of the map unit which do not flood 880258 frequently are included in Prime Farmlands. AFFIDAVIT OF INTEREST OWNERS • SURFACE ESTATE Application No. Subject Property PART OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 68 WEST 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, 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. The foregoing instrument was subscribed and sworn to before me this 9 74 day of A)7-s-c9 1987 . WITNESS my hand and official seal. My Commission expires: Cy 6 /990 Notary Public /23/ .9fi' AL'-f et&l. , 80631 tf t. l c, ' 88025t 3 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS , TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION A CLELAND, JOHN T. , SHIRLEY 2474 WCR 7 62146715000059 A. & GARY LEE FRTF. CO 80516 U.P. LAND RESOURCES CORP. BOX 2500 6214671500000 BROOMFIELD. CO. 80020 ARNESON, EARL L. & 3206 WCR 8 62146722000022 RUTH S. FPTF, CIL 80516 62146722000023 NORMAN LOVELY dba COLUMBINE 3747 WCR 8 62146722000037 __IRON & MFTAIS , INC FRTF. CO R01fi • 880258 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property PART OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 68 WEST 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 lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this 5�i day of �G , 1987 WITNESS my hand and official seal. My Commission expires: - / 9 , i59v INTEREST OWNERS: Coid?.W MINERAL AND/OR SUBSURFACE Notary Public NAME, ADDRESS, TOWN/CITY, ......,H / ee FOl/ STATE AND ZIP CODE IT UNION PACIFIC RAILROAD COMPANY P.O. BOX 2500 • ' n , : BROOMFIELD, CO 80020 1; • P "•...:'. 880253 ti Copy of notice mailed First Class Cr) O W C N a) ro > O ) 6 V U N T bc0 a1 r -I ro � v 0.1 N y v N S, Z Q H (f) CO O CnZU1 03 8 888 g ° 8 88ca: o 8 880258 Hello