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Home My WebLink About881066.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR A SALVAGE, STORAGE, AND RECYCLING FACILITY - ESTATE OF NORMAN LOVELY 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 9th day of November, 1988 , at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Estate of Norman Lovely, c/o Mrs. Dorothy Lovely, 3474 Weld County Road 8 , Erie, Colorado 80516 , for a Site Specific Development Plan and amended Special Review Permit for a salvage, storage, and recycling facility 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 Kenneth Lind, Attorney, and WHEREAS, Section 24 .4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 . 2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan. b. The proposal is consistent with the intent of the Agricultural Zone District. The proposed expansion �" , 881066 Page 2 RE: AMEND USR - ESTATE OF NORMAN LOVELY will not remove productive or prime farmland from production. The amended Special Review Permit area totals 56 .9 acres. c. The amended Special Review Permit will be compatible with the existing and future land uses . Conditions of approval and Development Standards will ensure compatibility. d. The subject site is located within the Geologic Hazard Overlay District. Special Review Permit Development Standards address the overlay district requirements . e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and amended Special Review Permit for a salvage, storage, and recycling facility on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2 . Building or electrical permits shall not be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to recording the Special Review Permit plat, the plat shall be amended to show the following: a. All storage areas and maximum height allowed within those areas . The heights allowed for storage shall not exceed the effective height of the landscaping and screening. Storage of materials shall not exceed 20 feet in height. b. The screening plan approved by the Department of Planning Services. 881066 Page 3 RE: AMEND USR - ESTATE OF NORMAN LOVELY 4 . The existing septic system shall be reviewed by a Colorado Registered Professional Engineer, and a copy of that review submitted to the Weld County Health Department for evaluation. 5 . Prior to recording the Special Review plat, a copy of the soil erosion control plan approved by the Boulder Valley Soil Conservation District shall be submitted to the Department of Planning Services. 6 . No additional storage or uses shall occur on the Special Review Permit property until the approved landscaping and screening plan has been completed. 7 . The berming and fencing required by the landscaping and screening plan and the requirements of the State Highway Department Junkyard Permit shall be installed and completed within one year of approval by the Board of County Commissioners and the landscaping shall be installed and completed within 18 months of approval by the Board. The screening plan along the east side of the property shall be according to the approved State Highway Department Junkyard Permit. The landscaping and screening plan along Weld County Road 8 shall consist of 60 foot intervals in an alternating pattern of: 1) a 6-foot solid wood fence on a 3-foot berm; and 2) Russian olive trees on a 5-foot berm. The Russian olive trees shall be a minimum of 4 feet in height at the time of planting with a maximum spacing of 4 feet between trees. 881066 Page 4 RE: AMEND USR - ESTATE OF NORMAN LOVELY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of November, A.D. , 1988 . c_i BOARD F COUNTY COMMISSIONERS ATTEST: t'^ CluVukc,.O WELD NTY, COLO DO Weld County lerk and Recorder and Clerk to the Board ene R. Brantner, Chairman -1 �i/(/I,,`/il L L c BY: _ f cT>>:�x., L .0?1Le &, C.W. Kirby, Pr -Tem Deputy County clerk \ APPROVED AS TO FORM: J cqu: ine o nson,_- fiord %CtL(cy I ii ---- 4141.0 p n �� Q 5}yin} 'County Attorney ,iril Frank Yamaguchi 881066 DEVELOPMENT STANDARDS ESTATE OF NORMAN LOVELY, C/O MRS. DOROTHY LOVELY AMENDED USR-700 1 . The Site Specific Development Plan and amended Special Review Permit is for a salvage, storage, and recycling facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S . , as amended. 3 . Waste oil , waste paints , stains , treatments, antifreeze, and other associated liquid and solid wastes , shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination . 4 . No permanent disposal of wastes shall be permitted at this site. 5 . Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris , and other potential nuisance conditions . 6 . Fugitive dust shall be confined on this site. 7. Maximum permissible noise level shall not exceed the industrial limit of 80 db (A) , as measured according to 25-12-102 , Colorado Revised Statues. 8 . The approved landscaping and screening plan and the requirements of the State Highway Department Junkyard Permit shall be maintained at all times. Maintenance shall include the regular irrigation, weeding, fertilization, mowing, trash cleanup and pruning of all landscaping, the treatment or repair of all diseased, insect-ridden, broken or vandalized landscaping and fencing, and the replacement of dead or irreparable landscaping in substantially similar kind. 9 . Access roads to all building and storage areas shall be open and maintained to allow for a minimum of fifteen (15) feet clearance for fire protection. 10 . The property shall be maintained in compliance with the soil erosion control plan approved by Boulder Soil Conservation Service. 881066 Page 2 RE: DEVELOPMENT STANDARDS - ESTATE OF NORMAN LOVELY 11 . A water storage tank with a minimum twenty thousand (20 , 000) gallon storage capacity for fire protection shall be kept full of water and maintained as required by the Dacono Fire Protection District. 12 . Wooden pallets shall be placed in double rows not to exceed 10 feet in height. Each double row shall contain a maximum of 500 pallets. Each double row shall be separated by an aisle, a minimum of 5 feet in width. Damaged pallets and pallets awaiting repair shall be placed in piles no less than 15 feet from other pallets or structures, and shall not exceed 10 feet in height. 13 . Architectural measures to mitigate any subsidence impacts shall be used for permanent structures. 14 . A detailed subsidence evaluation shall be completed prior to the issuance of residential building permits. This evaluation shall be approved by the Colorado Geological Survey and construction shall incorporate these recommendations. 15 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 16 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 17 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 18 . Personnel from the Dacono Fire Protection District, Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 19. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations . Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall 881066 Page 3 RE: DEVELOPMENT STANDARDS - ESTATE OF NORMAN LOVELY be filed in the office of the Department of Planning Services. 20 . The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 881066 HEARING CERTIFICATION DOCKET NO. 88-67 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR A SALVAGE, STORAGE, AND RECYCLING FACILITY — ESTATE OF NORMAN LOVELY A public hearing was conducted on November 9, 1988, at 10:00 A.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 October 19, 1988, and duly published October 26, 1988, in the Platteville Herald, a public hearing was conducted to consider the application of the Estate of Norman Lovely for a Site Specific Development Plan and amended Special Review Permit for a salvage, storage, and recycling facility. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, representing the Planning Department, read the Planning Commission's recommendation for denial of this request into the record. Kenneth Lind, Attorney, came forward to represent the applicant. Dorothy Lovely came forward to explain why the operation has been out of compliance with the existing Use by Special Review and stated that since inheriting the business, she has been working to bring it into compliance. Mr. Lind stated that the undermining in this area makes development difficult and there are very few ways this property can be utilized. (Tape Change #88-55) He said it would be very difficult to complete the required landscaping and screening within the 180 days as contained in the suggested Conditions and Development Standards, and asked that this time be lengthened to two years. John Crier, of the State Highway Department, said that the State allows an applicant one year to install required screening after a junkyard permit is issued. Those who came forward to offer public testimony were Bob Marx, of Erie Road Joint Venture; Don Brand, representing the Erie Planning and Zoning Commission; Tom Konetski, a member of the Erie Planning Commission; George Ruff; Robert Phillipe; Ed Vigil, who leases space within this operation; Max Fetser, general manager of Columbine Metals, who explained some aspects of this operation; Nancy Coufal; Mrs. Merrill Blacker; and Bill Shutts. Wes Potter, of the Weld County Health Department, answered questions about emissions from this site and said this operation should have an emissions permit to use a propane furnace to separate metals. Mr. Lind and Ms. Lovely made further remarks. Mr. Lind emphasized that the applicant needs more than 180 days to complete the fencing and landscaping. Mr. Schuett read into the record the Conditions and Development Standards which the Planning staff recommends if this request is approved. Discussion was held about minor wording changes to certain Conditions and Development Standards. Commissioner Lacy reviewed the criteria for granting a Special Review Permit, and moved to approve this request, subject to the Conditions and Development Standards amended as discussed. (Tape Change #88-56) Commissioner Johnson seconded the motion. After 881066 Page 2 HEARING CERTIFICATION - AMEND USR - ESTATE OF NORMAN LOVELY discussion, Commissioner Lacy amended his motion to allow the applicant one year to install the required fencing and berming, and 18 months to install the required landscaping. Commissioner Johnson, the seconder, agreed with the amendment. The motion, as amended, carried unanimously. This Certification was approved on the 14th day of November, 1988. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: WELD NTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Gene . Brantner, Chairman By: �� _/ 7/, 41 D puty County Cle / C. . Kirby, Pro,-Tg/' Jac ueli JJoh P Gordo acyv J�t Frank Y a�guchi TAPE #88-54, #88-55, & #88-56 DOCKET #88-67 PL0031 881066 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: NOVEMBER 9, 1988 DOCKET # 88-66 AMEND USR-USES SIMILAR TO THOSE LISTED (RAIL & TRACK SORTING & PROCESSING PLANT) - DAVID J. JOSEPH COMPANY DOCKET # 88-67 AMEND USR-SALVAGE, STORAGE, AND RECYCLING FACILITY - ESTATE PF NORMAN LOVELY DOCKET # NAME ADDRESS/ HEAPING ATTENDING Ali RACK 3 7C&( .So ?i /AOIcA7' Eliot:A rep cc, g-v9 yLit - Join' �Yirl/ G). 4 0k MO oY>c.E� p. % oi/`lyia):73'"titt �� .r cam. A fA j, 4 4..;,), . �ni (6 14 1 3/2 ra it,/ 5' If. P Qclot* C I1 er, c--) hot e; r17 So Doe cc 17 te0 /1 ,Ns A _e tic, /y n adra,s,te- ? ''zA----- -7) z i 4 7 7z,> L-L/r'l' 9` tcc lam- ce.,.n'l,..:.l.,.t ()-� / `r�7cS C � cf�JZ /rZo v.ite ;i oe;e. t eGS A:t 1. 11 ??O(d7 -t �Cfc� CQ CDiordbrz e e rt (c/ tile kcc. 123/ - 11-ti A-frf 61The e C,c, U CCJ/Uiitbil(e 7_..,-, Jr FY W . C. -0/ I £� i e .,,,4 O i See ? ALC_R. 7 d /Ia..,� 2�,,i/47; Indi-74_/ . 3</7l% C.I7 ccl&E. 0-.eicrici6L-”2 -,,. 6 t� 3Nog a},c,R,* ) r c. Jo,®f,<� CO/)w�,:ve , —7r— in, . -4i „„,:di ,i L.._ /e.) q•,,h 5 r:27,y_<kc- �3-- -a 6t, 1 c, f ,.t,e- /f�2 t \._tea c zx� 3o7 Ca �/ r TLoEt'c t V kc�..._t, . , t-et-c____ Rohe/Li Ass - &c (4,44 /C oso /"c ,rd. lairo.id A7:1e/_),•j fi7r(71 07(0 00 N%0171I e'en 631066 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on November 9, 1988, conditionally approved a Site Specific Development Plan and amended Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Estate of Norman Lovely c/o Mrs. Dorothy Lovely 3474 Weld County Road 8 Erie, Colorado 80516 LEGAL DESCRIPTION: Part of the Si of Section 15, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Salvage, storage and recycling facility SIZE OF PARCEL: 56.9 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: November 16, 1988, in the Platteville Herald 881066 Affidavit of Publication STATE OF COLORADO County of Weld ss. I A.Winkler Riegel of said County of Weld being duly sworn,say that I am publisher of Platteville Herald that, the same is a weekly newspaper of general circulation was printed and published in the town of pBBLID NDi1DF Platteville The Bond el Candy Commis- in said county and state that the notice of advertisement.of which Menem of told County' Col- in Permit annexed is a true copy has been published in said weekly oho' on � p'eoad 11 Sile newspaper for q,}''�1ti�., iti Develnone Plan end orneedod Spode' RevlonRevlonmit CY consecutive weeks: for Me properly end ptwPee de- onel that the notice was published m the regular and entire issue of de- scribed l th C Mae Moe ep• every proved el property pa gnome o number fsaidof said newspaper inth durinp the period and time of e Anion io tfBlw ptwomm to o(seid notice and In the newspaper pepper and not in a supplement emenM of Wee rt C.el it m thereof:that the first publication of said notice was contained in the emerldea. Nt g perod N Noe issue of said newspaper bearing the date of y AVPLICANTt EMMe el\-t• /W- 4 A.D.:19 if and the last publication We. Dorothy Lovely Lovely thereof.in the issue of said newspaper,bearing date, 3474 weld County Rood Eris, Coloreds 4061• the-L day of LEGAL DESCRIPTION; Pert of dw S lG of Beellen 1R Township 19W. that the said t Mmih,Renee St Wed m o of f the eth F.M., told CeunCounty. tColoreds TYPE AND BITENBITY OF AP- PROVED USE: Sowige, Names Platteville Herald end myelin/fedi*/ SIZE OF PARCEL: 550 epee, has been published continuously and uninterruptedly during the Of 101111 period of at least fifty-two consecutive weeks next prior to the first Y Faun/ to Aide by 0e terms issue thereof containing said notice or advertisement above referred end oonmdam of *Wren' Will to: and that said newspaper was at the time of each of the remain forbears of to: meld publications of said notice duly qualified for that purpose within the mites HSM meaning of an act entitled, "An Act Concerning Legal Notices. Advertisements and Publications and the Fees of Printers and BOARD Of COUNTY COMM '7 - (DOPERS Publishers then-•f, and to Repeal all Acts : •• - of Acta in WELD COUNTY, COLORADO Conflict .., th Provisions of this t"_-. . .. April • 1.1. - .all am. d .. and M lry : en. d . an et BY: NARY AIiN FEUERBTEIN a.. . ,. , <.and w ,193 . /• COUNTY CLERK � �� J� •` /, AND RECORDER CLERK AND TO THE BOARD Publisher Bit Mery RodL Depmy and sworn to be o e me this�day of PSIS M M PISS* IM- Subscribed D. 19 re aline /B. /peg. Cl7a447 Notary Public My commission expires June 1992 My Commission expires June 30, 1992 881066 ESTATE OF NORMAN LOVELY, C/O MRS. DOROTHY LOVELY AMENDED USR-700 The Department of Planning Services' staff recommends the following conditions of approval and development standards: 1. The attached Development Standards for the special review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. Building or electrical permits shall be issued on the property until the Special Review plat is ready to he recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the special review permit plat, the plat shall be amended to show the following: - All storage areas and maximum height allowed within those area. The heights allowed for storage shall not exceed the effective height of the landscaping and screening. 3t storage of materials shall not exceed 20 feet in height. - The screening plan approved by the Department of Planning Services. 4. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer, and a copy of that review submitted to the Weld County Health Department for evaluation. 5. Prior to recording the special review plat, a copy of the soil erosion control plan approved by the Boulder Valley Soil Conservation District shall be submitted to the Department of Planning Services. 6. No additional storage or uses shall occur on the special review permit property until the approved landscaping and screening plan has been completed. 7. The landscaping and screening plan and the requirements of the State Highway Department Junkyard permit shall be installed and completed within 180 days of approval by the Board of County Commissioners. The screening plan along the east side of the property shall be according to the approved State Highway Department Junkyard Permit. The landscaping and screening plan along Weld County Road 8 shall consist of 60 foot intervals in an alternating pattern of: 1) a 6 foot solid wood fence on a 3 foot berm; and 2) Russian olive trees on a 5 foot berm. The Russian olive trees shall be a minimum of 4 feet in height at the time of planting with a maximum spacing of 4 feet between trees. ///7 /1/1/ /2 h,o-vi',s of o.g.c'' 881066 /G/?w ( r., . / r, SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ESTATE OF NORMAN LOVELY, C/0 MRS. DOROTHY LOVELY AMENDED USR-700 1. The Special Review permit is for a Site Specific Development Plan and a Special Review Permit for a salvage, storage, and recycling facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Wood shavings, saw dust, and waste materials shall be handled, stored, disposed, in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be confined on this site. 7. Maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statues. Q t711r Hr(P.,r'_ j k F f f r(Aid' 8. The approved landscaping and screening plan be maintained at all times. Maintenance shall include the regular irrigation, weeding, fertilization, mowing, trash cleanup and pruning of all landscaping, the treatment or repaird of all diseased, insect-ridden, broken or vandalized landscapingi fencing, and the replacement of dead or irreparable landscaping in substantially similar kind. 9. Access roads to all building and storage areas shall be open and maintained to allow for a minimum of fifteen (15) feet clearance for fire protection. 10. The property shall be maintained in compliance with the soil erosion control plan approved by Boulder Soil Conservation Service. 11. A water storage tank with a minimum twenty thousand (20,000) gallon storage capacity for fire protection shall be kept full, of water and maintained as required by the Dacono Fire Protection District. 881066 Estate of Norman Lovely Mrs. Dorothy Lovely Amended USR-700 Page 2 12. Wooden pallets shall be placed in double rows not to exceed 10 feet in height. Each double row shall contain a maximum of 500 pallets. Each double row shall be separated by an aisle, a minimum of 5 feet in width. Damaged pallets and pallets awaiting repair shall be placed in piles no less than 15 feet from other pallets or structures, and shall not exceed 10 feet in height. 13. Architectural measures to mitigate any subsidence impacts shall be used for permanent structures. 14. A detailed subsidence evaluation shall be completed Prior to the issuance of residential building permits. This evaluation shall be approved by the Colorado Geological Survey and construction shall incorporate these recommendations. 15. All Construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 18. Personnel from the Dacono Fire Protection District, Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 19. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 20. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 381066 Date: October 4, 1988 CASE NUMBER: Amended USR-700 NAME: Estate of Norman Lovely, c/o Mrs. Dorothy Lovely ADDRESS: 3474 Weld County Road 8, Erie, CO S0516 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a salvage, storage, and recycling facility. LEGAL DESCRIPTION: Part of the S1/2 of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of the Town of Erie, north of Weld County Road 8, and west of I-25 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposed special review permit area is located within the urban growth boundary area of the Towns of Erie and Dacono. The location of the special review permit area and the attached conditions and development standards make the proposed use consistent with the urban growth boundary goals of the Weld County Comprehensive Plan. The proposal is consistent with the Agricultural zone district. The proposed expansion will not remove productive or prime farmland from production. The amended special review permit area totals 56.9 acres. The amended special review permit will be compatible with the existing and future land uses. Conditions of approval and development standards will ensure compatibility. The subject site is located within the Geologic Hazard Overlay District. Special review permit development standards address the overlay district requirements. Special review permit development standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. 881066 Estate of Norman Lovely Mrs. Dorothy Lovely Amended USR-700 Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the special review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The special review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the special review permit plat, the plat shall be amended to show the approved landscape plan. 4. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer, and a copy of that review submitted to the Weld County Health Department for evaluation. 5. Prior to recording the special review plat, a copy of the soil erosion control plan approved by the Boulder Valley Soil Conservation District shall be submitted to the Department of Planning Services. 6. No additional storage or uses shall occur on the special review permit property until the approved landscaping and screening plan has been completed. 7. The landscaping and screening plan shall be installed and completed within 180 days of approval by the Board of County Commissioners. The landscaping and screening plan along the east side of the property, except for the Union Pacific Railroad right-of-way, shall consist of Russian olive trees. The landscaping and screening plan along Weld County Road 8 shall consist of 60 foot intervals in an alternating pattern of: 1) a 6 foot solid wood fence on a 3 foot berm; and 2) Russian olive trees on a 5 foot berm. The Russian olive trees shall be a minimum of 4 feet in height at the time of planting with a maximum spacing of 4 feet between trees. 881066 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ESTATE OF NORMAN LOVELY, C/O MRS. DOROTHY LOVELY AMENDED USR-700 1. The Special Review permit is for a Site Specific Development Plan and a Special Review Permit for a salvage, storage, and recycling facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Wood shavings, saw dust, and waste materials shall be handled, stored, disposed, in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be confined on this site. 7. Maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statues. 8. The approved landscaping and screening plan shall be maintained at all times. Maintenance shall include the regular irrigation, weeding, fertilization, mowing, trash cleanup and pruning of all landscaping, the treatment or repair of all diseased, insect-ridden, broken or vandalized landscaping, and the replacement of dead or irreparable landscaping in substantially similar kind. 9. Access roads to all building and storage areas shall be open and maintained to allow for a minimum of fifteen (15) feet clearance for fire protection. 10. The property shall be maintained in compliance with the soil erosion control plan approved by Boulder Soil Conservation Service. 11. A water storage tank with a minimum twenty thousand (20,000) gallon storage capacity for fire protection shall be kept full of water and maintained as required by the Dacono Fire Protection District. 881066 Estate of Norman Lovely Mrs. Dorothy Lovely Amended USR-700 Page 2 12. Wooden pallets shall be placed in double rows not to exceed 10 feet in height. Each double row shall contain a maximum of 500 pallets. Each double row shall be separated by an aisle, a minimum of 5 feet in width. Damaged pallets and pallets awaiting repair shall be placed in piles no less than 15 feet from other pallets or structures, and shall not exceed 10 feet in height. 13. Architectural measures to mitigate any subsidence impacts shall be used for permanent structures. 14. A detailed subsidence evaluation shall be completed Prior to the issuance of residential building permits. This evaluation shall be approved by the Colorado Geological Survey and construction shall incorporate these recommendations. 15. All Construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24. 6 of the Weld County Zoning Ordinance. 18. Personnel from the Dacono Fire Protection District, Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 19. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 20. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 881066 ADDITIONAL COMMENTS ESTATE OF NORMON LOVELY, C/0 MRS. DOROTHY LOVELY AMENDED USR-700 On September 6, 1988, Erie Planning and Zoning Commission recommended objections to granting the special review permit because the proposal is not in conformance with the town's Comprehensive Plan, and the proposed expansion would not be in the best interest of the town. The Erie Planning Commission's concerns were based on the visual impacts created by the proposed use and because Weld County Road 8 is a major entryway into the Town of Erie. It is the opinion of the Department of Planning Services' staff that the proposed use is consistent with the Town of Erie's Comprehensive Plan. The Erie Comprehensive Plan policies -on nonresidential land uses and the Comprehensive Plan map indicates industrial uses may develop at the intersection of Weld County Road 8 and 1-25 with appropriate and adequate landscaping. The possible impacts from this type of use can be mitigated with attached development standard 8 and conditions of approval 6 and 7. 881066 0444, y�?I `tom q 1 �[1�1�■ �r4.r r :tor m�/- , , t stirligib'i�. fJ1'05'4/%1/27 � 'J•. (4�''4 ' l- ',4y,,,&::‘, - 1M4.4..7'1'4-TAlc ` �(' es; .-J ,Xy�! '# . S, n'1. ..:V^ :!4 >t ! V: p ,.• t 1 \a',„ , l / ,...,i!:.`1),)*r • 1 '‘''-f.'4. . r N k • +:].1- 1 '.14.t CYO 1 ^'. `��' '� 4tf. 44.Ji ? C .tl`t'•t I-)/,..4....., fr,., ',`/...ii I '-';`,..":=1-,�4 +. • Yr f/ : ..,,,• ::/ - . ?y s ,,, ,OZ , I o • d . -.;_. .,,; , ,, ..,. .. ,t.. ._, ,,. ., :. _.. ..._,,, . ,. . . , .. ..„. •...t, ....:,,, ... ..... , . . e ± ...!.., ,t/'::40..„ . T.!. - , - --;-,., g la .-:I:, r_. -,,es' „Amu. FOP' II Y a r.to - r ;.e, "too!: s" y i�r' -a , r ,f '�� "t ._.�� , i .J.... ._ /, T. 881066 •I se,..,,,„., • 1 y2 lI Ir. I ;1 f o _ ; : t' 881066 • ";;;7....„‘„;,,, g +' h s ,. r �� N'i RAx 13 ,SN �+ tr i r r.a>t t -2,,.a a vi s �� d '- " �'' ?� 'h 1 ,..4.'"'"..: Lth tt ₹41 ,f� k • I r III_. . - _. ��. �� I • • 'y. Agra ► G II � �` ((-�� 1111'•immt-,.t /!f1I 'Y'CRI "' It r.. i,3, c c 1 _ ...r,;•{ ' ��■. af'' 'ew YP"`Av`S�'7+r,n:� .C _'1. 711\ 1X .--, s is '_-- .. ..r,.. 1 r .2•••;:-Si.' +j 1-.;. '-‘'s a •i ** i ' r/ 1' +• 881066 . R y i+ 715 Iry - 4 ..�� • d : - -• / ! �� Y a �� 1^ .M1i t _ ,"r 1 J - t Y fife / r sue -v - f+ r`< _.._ . ' �` , 10# IA Ai Hh r a l l t14::-76:1\-4. 0te‘jJ<I:711° I ,- le 5 e 4 ;:t - ,l,-9 .: d�:: r• 41 I . ., r 881066 STATE OF COLORADO DIVISION OF HIGHWAYS co°T,9/0.5., P.O. Box 850 ,va '� Greeley, Colorado 80632-0850 mk (303) 353-1232 v 'e or coop' September 30, 1988 Weld Co. , I-25 Lovely Site Plan and Amended U.S.R. NW of C.R. 8 and I-25 DOH File 45100 Mr. Rod Allison Department of Planning Services Weld County 915 - 10th Street Greeley, CO 80631 Dear Mr. Allison: In our 9/7/88 comments on the Lovely Site Plan and amended Special Use Permit we note that this salvage and storage facility should have no detrimental visual impact on I-25 if the proposed screening of storage areas is implemented. The proposed screening along I-25 consists of Russian Olive trees 10-feet on center. Upon further consideration of this plan, we question whether this type of tree planted at the proposed spacing would provide an adequate year-around visual screen. As an alternative we recommend that some type of pine species be provided at 10-feet ± on center. If Russian Olives were to be used they should be planted 3-4 feet on center to achieve sufficient density as a visual buffer throughout the year. Please let us know if you have any further questions. Very truly yours, DOUGLAS RAMS DISTRICT ENGINEER for John K. C y'er District Planning/Environmental Manager JKC:mbc(WJ) cc: Leon White File: Crier-Jacobson o ... 881066 OCT 3 1988 -4 elil"7r WE-89-0003 ROY R. ROMER * PI '. * JOHN W. ROLD GOVERNOR # �+Rrcux"'� * DIRECTOR 41876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303) 866-2611 September 28, 1988 Mr. Keith Schuett Weld County Office of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Schuett: RE: COLUMBINE RESOURCE CENTER We have reviewed the materials submitted on the proposal , the general and engineering geology of the area and the appropriate portion of the Eagle Coal Mine map. We concur with the general findings and opinions expressed by Mr. Mike Applegate of McCarty Engineering as to the likelihood of significant subsidence events on the property and the relatively low susceptibility of the proposed activities to any such event. No information is provided as to the type of structures proposed for the tenant buildings. To the extent that they are permanent structures, we recommend that architectural measures be considered to mitigate any minor subsidence impacts (see attached) . Additionally, the term "one or more residences" appears on page 2 of the letter from Lind, Lawarence & Ottenhoff. The plan only shows one existing residence and it is our position that no additional residential use be allowed without a thorough, detailed subsidence evaluation bf the proposed site for such use. Given these conditions, we have no objection to the granting of this Use by Special Review. Yours truly, FPIR Jeffrey L. ynes Senior Engineering Geologist OCT 3 1988 vjr:JLH-89-020 Weld to. ilaaa111t cvilibutalui Enclosure(s) GEOLOGY STORY OF THE PAST... KEY TO THE FUTURE 881066 4116 ARCHITECTURAL TECHNIQUES TO REDUCE STRUCTURAL DAMAGE DUE TO SUBSIDENCE Numerous papers have been written concerning building techniques designed to accommodate strain associated with subsidence (NTIS, 1979). Often these strains are substantially higher than those anticipated on this project. Strains estimated for this project may be sufficient to cause damage to structures if no precautionary measures are taken. Below are some very basic strain reduction techniques which could be incorporated into structures located in these areas. A structure of simple box form, designed to act as a unit, is best suit3ed to resist the effects of mining subsidence. The smaller the plan of the building, the less likelihood there is of damage, and therefore, attached houses should be avoided. Where it is desired to retain the attached plan, this can be achieved by building units with adequate gaps between them to permit movement. Semi-detached houses are preferable to attached houses. Outbuildings should not be structurally attached to the main building; they should be able to move independently. The gaps between the structural units should be kept free from obstructions and should extend through the foundations; they should be of sufficient width to prevent adjacent units from coming into contact when the ground is deformed by subsidence. A gap of at least 2 inches (5 cm) is suggested for two-story buildings. Suitable gaps should be provided in all boundary walls, especially when they abut a house. 881066 Paved areas between units should be of flexible materials, such as asphalt, incapable of offering any appreciable resistance to horizontal compression. Solid concrete paving should be avoided if possible. Openings are a source of weakness in walls and should be kept as small as other considerations permit. Windows and doors are best arranged with substantial widths of structural wall around them so that the wall , whether reinforced or not, may be as strong as possible. Arched lintels should not be used. Corner windows, bay windows, and other similar projections weaken the structure. Door openings have a more serious weakening effect than windows and are best located in the shorter sides of the buildings. If in the longer sides, they should be sited in the middle and off-set rather than be opposite each other. Doors adjoining buildings should not be arranged closely side by side. Floors and flat roofs should be fastened to all walls and not merely to those which carry joists and rafters. Plasterboard or fiberboard should be used for ceilings. To ensure continued effective drainage after the building has been tilted by subsidence, the gradients of gutters should be kept higher than normal . Use of flexible couplings and steeper than normal grades on gravity-flow utility connections can also preclude problems associated with differential settlement and gradient reversals induced by subsidence. For complete protection against damage due to subsidence, a building would have to resist the effects of vertical and horizontal differential movements. Protection against most damage by differential horizontal movements is comparatively simple and may be obtained by building the structure on a reinforced concrete base slab or post-tensioned slab which is 881066 bedded on granular material . The base slab ties the walls together and the flat underside forms a slip surface. The total tensile strength of the slab in the direction of either principal axis should be adequate to resist a force equal to the product of half the weight of the structure on the slab and the coefficient of friction between the slab and the granular material . Before placing the reinforcement and concrete in the base slab, the granular materials and subbase should be covered with a layer of stout, waterproof paper (to form a slip plane). The provision of a reinforced base slab, combined with the recommendations already made, should be sufficient to prevent appreciable damage except where large, differential vertical movements occur. The resistance of the walls to flexure may be increased by the introduction of steel reinforcement in any brickwork. The additional cost of such reinforcement is, however, justifiable only in houses certain to be subjected to severe differential vertical movements, such as those near the boundaries of mine workings. Horizontal reinforcement may be used in brick walls of any of mine workings. Horizontal reinforcement may be used in brick walls of any thickness, but vertical reinforcement can only be used in walls 9 inches (23 cm) thick or more. Special care is necessary where steel reinforcement is to be used in conjunction with brickwork; the metal will not be protected from corrosion in the same way as reinforcement in well made concrete. Limed mortar should be used in brickwork. Damp-proof courses should be of the bituminous type. 881066 The weakest, most flexible mortar consistent with the normal load-carrying requirements of the walls should be used. This will allow the walls to adjust themselves to moderate changes of curvature of the ground without serious cracking. If the ground on which the structures are built is of a yielding nature, the conditions will be more flexible than if it is unyielding, since abrupt changes of curvature are then less likely. O C T 3 1988 Uu _ -item of.115 1IC:fub 881066 LAND-USE APPLICATION SUMMARY SHEET Date: September 27, 1988 CASE NUMBER: Amended USR-700 NAME: Estate of Norman Lovely, c/o Mrs. Dorothy Lovely ADDRESS: 3474 Weld County Road 8, Erie, CO 80516 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a salvage, storage, and recycling facility. LEGAL DESCRIPTION: Part of the 51 of Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of the Town of Erie, north of Weld County Road 8, and west of I-25. SIZE OF PARCEL: 56.9 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. USR-700 was approved April 9, 1986, and the facility has expanded in types of uses and area since that time. The Town of Erie and the Tri-Area Planning Commission have recommended that this request be denied. Concerns have been addressed by the State Highway Department and surrounding property owners of the visual impacts associated with this use and compatibility with the surrounding land uses. Screening could be placed along Weld County Road 8 and I-25 to lessen the visual impacts associated with this request. Referral responses with specific concerns have been received from the Weld County Health Department, Tri-Area Planning Commission, State Highway Department, Longmont Soil Conservation Service, Dacono Fire Protection District, and the Town of Erie. 881066 DEPARTMr ` OF PLANNING SERVICES ((i t �C PHONE(303)3564000 EXT.4400 915 10th STREET ry GREELEY,COLORADO 80631 r' r; COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, October 4, 1988, at 1:30 p.m. for the purpose of considering a Site Specific - Development Plan and an Amended Special Use Permit for the property and the purpose described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: The Estate of Norman Loveley, c/o Ms. Dorothy Lovely LEGAL DESCRIPTION: Part of the S1 of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: A salvage, storage, and recycling facility. - LOCATION: Approximately 3 miles east of the Town of Erie, north of .Weld County Road 8, and west of I-25. SIZE: 56.9 ACRES, MORE OR LESS The public hearing will be held 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 October 4, 1988. 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 80631 - Phone - 356-4000, Extension 4400. Ann Garrison, Chairman Weld County Planning Commission To be published in the Platteville Herald To be published on (1) time by August 16, 1988 Received by: , L ��L. /1CL/C/ / / /42 ° r�29- � /� L Date: 881.066 t _ 9'3 y h •'' g » f25 n xe gi" ` 1• E' n 1 [ is ii2II » ` a• : ]f .x.LL• u - • " !: . » i >. as '. .,.6. . . �o-�C • �• ; • • • hoc .rt E• /�' • / �7.,.. • ' d IT i ` `• Ear trailn , !E a • ttl: ' ert ;� .!. 'a _ .-i.- j''''''•• • • 1 ZE.4eis w Th•II , e • ,P--: V i ••• • v ,./:( 4h":" • a • i L. ! Yr 1 f ml (I . '''jN�`. • .� -O. \ / 30 r°,cruax.. • ..e • • I. (� .<� O r._d. ":':: . ez ` • 26 /�' " •V " • dAAB0UF '0H0S° 'r Vm'^ /�.—.\` �[ 1 'l• STATE REC� E _/4 --_. r . . . un us ter i°, •.•0 •'•m' \ ▪ V R // / 'IMCMAfl' S"2.°n 'I ' iP 1, _ •• . r • • I //. 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'R"" a z'rF :F '+'�4. `� < `S'" T f�' s k i 'ly ♦ d .4./44' � rc r.r lf"f rrrZrcfY' r>"� f '4,4' .d+ y d� 4 V y 881°6' E . FIELD CHECK FILING NUMBER: Amended USA-700 DATE OF INSPECTION: August 22, 1988 NAME: Estate of Norman Lovely, c/o Ms. Dorothy Lovely REQUEST: A Site Specific Development Plan and a Special Review permit for a salvage, storage, and recycling establishment. LEGAL DESCRIPTION: Part of the S1 of Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the Town of Erie, north of Weld County Road 8, and west of I-25. LAND USE: N Crop production E I-25 and crop production S Weld County Road 8, crop production, and single family residence W Crop production and single family residence ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the property is from Weld County Road 8, a paved county arterial. The present uses of the property is for ferious and nonferious salvage, pallet repair, auto and equipment storage, and miscellaneous salvage and storage. Adjacent property to the north is being used for a rail and track sorting and processing facility. Visual screening of the property from Weld County Road 8 could be accomplished by a 6 foot solid board fence on a 3 foot berm or a 5 foot berm with vegetation (Russian olive or evergreen shrubs) constructed on the east and south sides, of property. Visual screening of the east side of the property could be accomplished by a combination of trees and a 6 foot solid board fence. 717 By:/ !Ktrieha . Schuett Current Planner 881066 REFERRAL LIST APPLICANT: Estate of Norman Lovely, c/o Ms. Dorothy Lovely CASE NUMBER: Amended USR-700 SENT REFERRALS OUT: August 26, 1988 REFERRALS TO BE RECEIVED BY: September 9, 1988 NO SR NR NO SR NR ✓ X Weld County Health Dept. ✓ X Engineering Department // X Office of Emergency Mngmt llh�� Ed Herring Y/ X Tri-Area Planning Commission Attention: Ms. Rebecca Marker P.O. Box 363 Frederick, CO 80530 7 X State Highway Department P.O. Box 850 - Greeley, CO 80632 X Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 ✓ X Longmont Soil Conservation Service 9595 Nelson Road, Box D Longmont, CO 80501 VX Dacono Fire Protection District Attention: Chief Joe W. Fuss P.O. Box 40 Dacono, CO 80514 X Mr. Ivan Gosnell Planning Commission Member 11488 Weld County Road 7 Longmont, CO 80501 X Town of Erie Attention Ms. Doris Moore P.O. Box 100 Erie, CO 80516 X Colorado Geological Survey Attention: Ms. Candice Jochim 1313 Sherman Street, Room 715 Denver, CO 80203 .. e NO=No Objection SR=Specific Recommendations 881066 NR=No Response ,o 40* t 4'.''`ac'C'o< - 0 TOWN OF ERIE S. 0 • 645 HOLBROOK P.O.BOX 100 ERIE,COLORADO 80516 + • 828-3843 + 449-3085 1174 ° _ _ SEP 121988 ii September 7 , 1988 • Weld Co. Manning Cammissinv Mr. Rod Allison, Principal Planner Department of Planning Services Weld County 915 - 10th Street . Greeley, Colorado 80631 SUBJECT: Case Number USR 700 Amended Dear Rod: - In reference to your Case Number USR 700 Amended, please be advised that the Erie Planning and Zoning Commission has reviewed the request of the Columbine Re-Source Center and requests the amended application be denied on the grounds that: a) it does not comply with our Comprehensive Plan, b) the expansion of that particular land use is not in the best interest of either the Town of Erie or the surrounding neighbors . The Commission also instructed me to advise you that they insist that the existing USR be brought into compliance. Indications suggest that expansion of use beyond the original stated limits of their use permit has already taken place. If you have any further questions, please feel free to contact me at 828-3843 or 665-3555. Sincerely, ichard R. Lippincott Acting Town Administrator dm 881066 . POLICE DEPT. METRO 449-3156 LOCAL 828-3200 P.O.BOX 510 FIRE DEPT. 828.3152 41 ° ` TOWN OF ERIE e 645 HOLBROOK C ,COP.O.BOX 516 ERIE,COLORADO 80516 bli\ 828-3843 449-3085 4 ' / 4 197♦ - • • September 16, 1988 Mr. Keith Schuett Current Planner Department of Planning Services 915 10th Street Greeley, CO 80631 re: Columbine Iron and Metal Special Use Permit Amendment Dear Keith: The Erie Planning and Zoning Commission has asked me to reiterate its opposition to any proposed expansion of Columbine Iron and Metal ' s operation. The Commission also requests that the Weld County Planning Commission require Columbine to conform to its original special use permit. The Commission would like to see the most stringent and effective screening possible around the existing approved land use but feels that no expansion should be permitted. Commissioners are planning to attend the hearing on this matter. Sincerely R' chard R: Lippincott Acting Town Administrator RRL: jm :J qi?1*7 SEP 1 9 1988 Li VS Co. Plasmas Cnmlaissioo 881066 POLICE DEPT. METRO-449-3156 LOCAL 828-3200 P.O.BOX 510 FIRE DEPT. 828-3152 STATE OF COLORADO - DIVISION OF HIGHWAYS /FNi OF P.O. Box 850 - �/ - otV� Greeley, Colorado 80632-0850 (303) 353-1232 September 7, 1988 SEP 9 t988 Weld Co. , I-25 Lovely Site Plan and Amended Spec. Use Weld go. Haaalc� 'eaMlSS� NW of C.R. 8 and 1-25 DOH File 45100 Mr. Rod Allison Department of Planning Services Weld County 915 - 10th Street Greeley, CO 80631 Dear Mr. Allison: We have reviewed the Lovely Site Plan and amended Special Use Permit. In particular, we have determined that there should be no detrimental visual impact with respect to I-25 if the proposed screening of storage areas is implemented. Please note that all references to County Road 8 as being S.H. 240 should be deleted. There is no such state highway in Colorado. Thank you for the opportunity to review this plan. Please contact Wally Jacobson at 350-2168 if you have any questions. Very truly yours, DOUGLAS RAMES DIS ENG EH f' x (`/112 ohn K. Crier strict Planning/Environmental Manager JKC:mbc(WJ) cc: File: Crier-Jacobson 881066 Tri-Area Planning Commission P. O. Box 363 Frederick, CO = 80530 September 9 , 1988 Rod Allison Principal Planner Department of Planning Services Greeley, CO 80631 - Dear Mr. Allison: At our recent meeting of the Tri-Area Planning Commission, application from the Estate of Norman Lovely, c/o Ms . Dorothy Lovely for a Site Specific Development Plan and an Amended Special Use Permit for a salvage, storage, and recycling facility was heard. _ Commission members voted to deny application due to the fact that there was no representation. There are some concerns regarding the activity on the parcel and would like some questions answered. Time is running out and I 'm sure a recommendation will be made by your department, but we would really appreciate someone attending our next meeting so that those concerns can be answered. Should you have any questions, please don' t hesitate to call . Sincerely, 9 • / ,2/,m/ de/Al-?� U m Laursen Chair Tri-Area Planning Commission JL: rm 881066 sti Dacono Area Fire Protection District § 1 September 6, 2988 - Rod Allison Principal Planner Department of Planning Services 915 10 th Street Greeley, Colo. 30631 Sir: In review of the application by the Estate of Norman Lovely, USR-700 the Dacono Fire District would recommend that the application be approved with the following input from the Dacono Fire District; The business must continue to meet all Fire Codes as enforced by the Fire District. There may also be a need for more on site water storage for fire protection. The Fire District foresees no problems in working with the Company to meet all fire protection requirements. Again theFire District would recommend this request be approved and that the Management work closely with the Fire District in the developmental phase. Thank you gdete-jir:/:vc Robert Fuss Fire Chief Dacono Fire District SEP 81988 I DACONO, COLORADO 80514 oL__ wind Co, r81O 8 7r‘. MEMORAIMUM Weld County Planning September 5, 1988 ® - To Date _p_ • Health Protection Services ��d F 1 � COLORADO From _ l' Case Number: USR -700 Name: Columbine Re-Source Center Subject: _. Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. The existing septic systems are required to be reviewed by a Colorado Registered Professional Engineer, and a copy of that review submitted to this Division before the required I.S.D.S. Evaluation can be performed. 4. Wood shavings, saw dust, and waste materials shall be handled, stored, disposed, in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust must be confined on this site. 6. Maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102, Colorado Revised Statues. tEP 61988 'NEIL Co. Pb i."t¢ 881066 1 (11 PHONE(303)356-4000 EXT.4400 915 10th STREET r,,3Y GREELEY, COLORADO 80631 y • COLORADO CASE NUMBER Amended USR-700 August 26, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from the Estate of Norman Lovely, c/o Ms. Dorothy;, Lovely for a Site Specific Development Plan and *an Amended Special Use Permit for a salvage, storage, and recycling facility. The parcel of land is described as part of the S1/2 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 approximately 3 miles east of the Town of Erie, north of Weld County Road 8, 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 September .9, 1988, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal Planner, 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 n for the following reasons. AE MT I rn 2l 2. We do not have a Comprehensive Plan, but we feel this request ,o 1;u2- • (is/is not) compatible with the interests of our I town for the following reasons: �o - p r co —J n M /4-51?— `{J 3. '$ We have reviewed the proposal and find no conflicts with our Ili interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 ea to the enclosed letter. Signed: ncAgency: t11✓AC\ 2 � � y Date: ql q( 881066 Boulder Valley So:o i 1 Conservation District "9Fi9F, Nelson Road , Brix D Longmont , Colorado 80501 • September 13, 1988 Mr- . Rod AI I iso-on , Planner Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 Dear Rod : After reviewing the app l i cation for Estate of Nor-marl Lovely, C/o Mrs . Dorothy Lovely for a Site SI:pec i f I c Development Plan , there is a concern that should be addressed . Weeds are becoming a major problem within the Boulder County area and need to be controlled : Some of the out lots ots are a major source of weed seed in the area. Therefore , it is recommended that a plan be developed to continually utilize the area within its capabilities , and the weeds on the cut lot, are being controlled . If farming is riot going to continue , then the area should be required to be estab I i shed to grass and properly grazed according to So I I Conservation Service standards and specifications . Sincerely, t--:ar-r-y L. Si rikey 1 President BLS: rah rah 881066 `LSEPAF iME' 'T PLJ4NNING teERVICES yw� “, ii PHONE(303)356-4000 EXT.4400 1 \I �_ 915 10th STREET GREELEY,COLORADO 80631 7 P ,S tw r xa , COLORADO CASE NUMBER Amended USR-700 August 26, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from the Estate of Norman Lovely, c/o Ms. Dorothy Lovely for a Site Specific Development Plan and an Amended Special Use Permit for a salvage, storage, and recycling facility. 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 approximately 3 miles east of the Town of Erie, north of Weld County Road 8, 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 September 9, 1988, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal Planner, 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. 0 1. We have reviewed this request and find that the request ---- (does/does not) comply with our Comprehensive Plan � for the following reasons. � o .. Li i CACD ' 1 :51 2. We do not have a Comprehensive Plan, but we feel this request a -�, (is/is not) compatible with the interests of our � �M town for the following reasons: C::1 3. X 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: (� %� / Agency: Ce.--2e4219 Ca O.47-7 O 8'30781 881066 Date: ESTATE OF NORMAN LOVELY C/O DOROTHY LOVELY AMENDED USR-700 SURROUNDING PROPERTY AND MINERAL OWNERS • Erie Road Joint Venture c/o Mr. Robert Marx 3701 South Broadway Englewood, CO 80110 Mr. John Shriley Mr. Gary Cleland 2474 Weld County Road 7 Erie, CO 80516 Union Pacific Land Resources Corp. P.O. Box 2500 Broomfield, CO 80020 Roland and Izola Bury 2888 1-25 Frontage Road Erie, CO 80516 Earl and Ruth Arneson 3206 Weld County Road 8 Erie, CO 80516 Union Pacific Railroad 1416 Dodge Street Omaha, NE 68179 881066 OWNERS AND/OR LESSEES OF MINERAL RIGHTS Union Pacific Railroad 1416 Dodge Street Omaha, NE 68179 881066 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P 0.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND 1303)353-2323 KIM R.LAWRENCE 003)]56A160 August 22 , 1988 Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re: Amended Use by Special Review for Columbine Re-Source Center Gentlemen: Accompanying this letter are documents and supporting information pursuant to the Use by Special Review Procedural Guide including an application check in the amount of $350. 00. In addition to the accompanying documents , this letter is part of the application . This application is presented on behalf of the estate of Norman Lovely d/b/a as the Columbine Re-Source Center . The proposed use is to amend the existing Use by Special Review (USR-700) which was approved during April of 1986 for Mr . Norman Lovely d/b/a Columbine Iron and Metal , Inc . This amendment is for the purpose of providing a master plan for the entire site and to more specifically define existing and proposed uses for the site. It should first be noted that the existing site consists of 56 . 9 acres of which 14 . 6 acres are for Union Pacific Railroad easements which divide the entire property into several parcels . The applicant has no authority or control of the Union Pacific Railroad easement property which is leased by the David J. Joseph Company and is used for scrapping and recycling railroad and industrial equipment . Thus , this Amended U . S . R . application involves a net of 42. 3 acres. The proposed use of the site is to provide for an integrated and comprehensive recycling center mainly used for recycling , scrapping and sales of ferrous and non-ferrous metals which are located on the site or will be brought to the site , graded , processed and shipped to steel mills and foundaries . Additionally , the site will be used for storage , recycling , 881066 Department of Planning Services August 22 , 1988 Page 2 scrapping and rebuilding of wood pallets ; storage and parts salvage of automobiles ; parcels for outside equipment storage ; parcels for recycling and storage of recycling materials and products ; parcels for storage of large equipment including the salvage and scrapping of said large equipment ; and highway frontage for one or more residences and three or more buildings to be used for offices and small storage rooms for tenants of the property. At the present time , the site has one main office building , truck scale , auxilary office , power trailer , five buildings for sorting and storage of materials , outside storage , recycling areas , mobile home office and recently constructed residence for the manager. The only additional buildings to be constructed will be the buildings as indicated on the proposed plans. Should the applicant need construction of any additional buildings , the U . S . R . will be amended again in accordance with County policies . The need for the use is very apparent . The property is currently being used for scrap and recycling operations and numerous industries in both Weld County and adjoining areas have a significant need for storage and recycling of ferrous and non -ferrous materials . These materials are becoming more valuable every day and there is a readily available market for all such products. Surrounding uses are mainly agricultural. However, located upon the site on the UP Railroad easement area is a scrap and recycling operation for railroad equipment and located immediately east of the site is Interstate 25 . The site presently being used by the applicant and proposed is a former rail facility , coal mine and equipment storage area and is totally unsuitable for any other type of use including agricultural use. The site is heavily overladen with coal mine tailings which render the site totally unusable for agricultural or other purposes. Storage , scrapping and mining operations done at the site during the previous sixty years were related solely to a rail facility and mining operations and thus this use is compatible with those former uses . Residential uses in the immediate area are very minor . There are no residences located within two miles in a north or south direction ; one residence is located approximately 2/3 mile to the east ( on the east side of Interstate 25 ) and there are residences located one mile to the west of the site. 33106r Department of Planning Services August 22 , 1988 Page 3 The current operation has an average of ten users per day which includes both sellers and purchasers of scrap material . At the present time there are six employees working one shift from 7: 00 a.m. until 4 : 30 p.m. If this application is approved it is contemplated that there will be an average of twenty users per day with employees increasing to twelve again with only one shift and no change in working hours . It is also contemplated that there will be approximately ten tenants for the property which will increase total users to thirty per day and an increase of employees/tenants of up to twenty-five. At the present time the property is served by a 3/4 inch water tap on the Left Hand Water Supply Company . A new water line was recently extended in the area and there are an additional six 3/4 inch taps available . Due to the type of operations , however , it is not contemplated that more than one 3/4 inch tap will be required for future uses. Additionally , the property can be served by an existing commercial business well for purposes of drinking and sanitary purposes . This well was decreed in Case No. W-1365 but is not presently being used as the applicants are using the domestic water supply. Access routes to the site will be mainly Interstate 25 both from the north and south and from the west State Highway 240 (Weld County Road 8 ) . Due to the location of the facility to Interstate 25 it is contemplated that virtually all use will be by way of Interstate 25 as the existing access is located approximately 800 feet west of the Interstate 25 right-of-way and this will be the only access to the property. At the present time numerous types of vehicle traffic are associated with the project from passenger cars to semi-trucks weighing up to 60 , 000 pounds. The average use is 3/4 ton pickup trucks to 30 , 000 pound double axle trailers and it is contemplated that the type of vehicle traffic will be identical in the future. At the present time there are approximately ten vehicles associated with the facility per day and it is contemplated that this will increase up to thirty vehicles per day. Sewage facilities consist of septic tanks and leech lines and no other expansion or types of facilities are contemplated . The type of business associated at the site does not require any sewage facilities except for employee use. 881066 Department of Planning Services August 22 , 1988 Page 4 Fire protection is provided by the Dacono area fire protection district. The type of use does not require any type of significant fire protection and fire protection will be provided by on-site fire extinguishers as approved by the Dacono district as well as on-site water storage , again approved by the Dacono district . There are no animals associated with this use . The use specifically contemplates both stockpile and storage areas which will consist of ferrous and non-ferrous metal piles as well as wood pallet stacking. The piles materials , not to exceed 30 feet in height , are used in the recycling and scrapping operations and will take place on the sites specified in the application. As there is no surfacing of any of the property , no additional storm water retention facilities will be required or associated with the proposed use . The operations do not result in wastes being created as the purpose of the facility is to dispose of other users wastes and recycle them into usable products . Waste material , if any , will be stored on site if applicable or hauled to landfills . The present site has a minor amount of landscaping adjoining State Highway 240 and the applicant will do additional landscaping which will consist of existing large decidious trees and planting a mixed landscape detail of groves of trees intermitting , at 60 feet intervals , three foot earth berms with a 6 foot tall solid wood fence along with displays of historic or antique equipment and artifacts. This landscape construction is a two year project and will extend the length of the property adjoining State Highway 240 from east to west to the point of the UPRR easement . On the east side of the facility , the applicant will also plant one row of Russian Olive trees on all property located south of the Union Pacific Railroad easements . As the site is elevated above Interstate 25 , the Russian Olive trees will do an adequate job of screening the facility from the highway . No landscaping will be placed on the north or west sides of the property as there is no visual impact concerning the facility on the north side . The west side is under the control of the Union Pacific Railroad easement and the applicant has no authority to use said easement for any purpose . It should be further noted that the area on site for parts and storage of automobiles will be separately fenced and will not be visible off site . The automobile storage yard will be fenced on all four sides by a six foot or taller solid wood fence for security purposes as well as for screening. 881066 Department of Planning Services August 22, 1988 Page 5 The proposed amended application is a ten year master plan . Some uses are existing and it is contemplated that the property will be fully utilized by the year 1998. This proposal is consistent with the Weld County Comprehensive Plan due to its location along side Interstate 25 and the fact that a use is being made of property that could not otherwise be used for any purpose . This type of operation is permitted with an Ag zoned area and is consistent with the Ag zoning due to the fact that the property cannot be used for agricultural uses of any type , the fact that it is covered with mine tailings and has been used as an active mine for over sixty years and further due to the fact that the property is dissected by Union Pacific Railroad easements . The use will be compatible with existing land uses as the existing use is similar to a mining operation , and located upon the easement properties are recycling , scrap and storage uses taking place on the railroad easement . The use is compatible with future development due to the nature of both past and present uses and the fact that the facility will be screened . It should also be noted that storage and recycling operations are necessary for other uses and this use can in fact generate supporting businesses in the area which use raw materials provided by the applicant . The property is considered a geologic hazard due to the former mining activity which limits the uses of the property to existing uses and those proposed by the applicant . We would request that you review this application. Should you need any additional information , please contact the undersigned . Very truly yours , LIND, R CE & OTT OFF Kenn t F id KFL/cg Enclosure 881.066 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 the LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: South Half section 15 T 1 N, R 68 W LEGAL DESCRIPTION oxe 4 ous property owned upon which Special Review Permit is proposed: yt Ralf eSection 1.5 T 1 N, R 68 W Property Address (if available) 3747 WCR 8, Erie, CO 80516 PRESENT ZONE AR OVERLAY ZONES geologic hazard TOTAL ACREAGE 60 acres PROPOSED LAND USE Recycling, reconstruction, salvage and storage EXISTING LAND USE Recycling, reconstruction, salvage and storage SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Estate of Norman Lovely c/o Dorothy Lovely Address: 3474 WCR 8 City Erie. CO Zip 80516 Home Telephone # Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Lind Lawrence & Ottenhoff, attorneys at law Address: Poll Eleventh Avenue City Greeley, CO Zip 80631 Home Telephone # Business Telephone # 353-2323 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, NE Zip 68)79 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 knowledge. COUNTY OF WELD ) STATE OF COLORADO ) nature: Authorized Agent eth F. Lind #7 9 Subscribed and sworn to before me this ,?J/''"day�of -_- a/ 1944L C E C 97/1.4097frNOTARY P LIC My Commission CycpUeS ' r� My commission expires Aunust 99. 1991 88_ r AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No, Subject Property Part of the South Half (S1) of Section Fifteen (15) , Township One (1) North, Range Sixty-eight (68) West of the 6th r.rf. , 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 applicati s bmission date /C-Ieu The foregoing /instrument was subscribed and sworn to before me this ,?4714 day of 4tu,1T , 198 . WITNESS my hand and official seal. My Commission expires: My Commission ptres August 22. 1&991 (L7 Ce 62-4124Notary Public 881066 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET NAME ADDRESS, TOWN/CITY ASSESSOR 'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Erie Road Joint Venture c/o Robert Marx 3701 South Broadway Englewood , CO 80110 No. 146715000065 John , Shirley 2474 WCR 7 and Gary Cleland Erie, CO 80516 No. 146715000059 Union Pacific Land P.O. Box 2500 Resources Corporation Broomfield , CO 80020 No. 146714000007 Roland and Izola Bury 2888 I-25 Frontage Road Erie, CO 80516 No. 146723000048 Earl and Ruth Arneson 3206 WCR 8 Erie, CO 80516 No. 146722000022 881068 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Part of the South Half (SZ) of Section Fifteen (15) , Township One (1) North, Range Sixty-eight (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 leases 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. 2/14-r6441 The foregoing instrument/� was subscribed and sworn to before me this ��RQ' day ofL[9j G/.rT , 1921. WITNESS my hand and official seal. My Commission expires: C elf b 92-1/77 Notary Pub is 881.066 OWNERS AND/OR LESSEES OF MINERAL RIGHTS Union Pacific Railroad 1416 Dodge Street Omaha , NE 68179 881066 SOIL SURVEY OF WE ► COUNTY, COLORADO, SOUT ' RN PART • United Slates Department of Agriculture, Soil Conservation Service, In cooperation with the Colorado Agricultural Experiment Station 881066 �} �V :(i ' { i z y ,pr9 ,ir r i . l �s1�w t • tio »� ,. �k+�r tLi ' P t�M"'.., ';• , y 'n, rt��" �4 „:,-‘,#5-...-.:4!:, ' , 1 'r um, ,,,. ...c,,,,,, ?;fra � ' 5ry4r r '„ �� f r .,•4l ' '4 r ' ` r r� iA. ' ^,}..sae.D.,i, �" ,4 r X }y • I Vtt3',,...,- ,4..;"}„id!.0 tk 'Y( )14. 4",,,.,,.„,,,-'1 y ` 'E I ' r �iiiiii i3 ` s M: I.t "l�l:q. • "1/4!a .1, i t 4 kj '`u`, ! .,•,-,4,..q ,n'`I ' i�1'ar% ti 1- is , -q ,t {fir d a ; , fz } �' r7P{'y i, ,4',`!.M t +F'f i4)-141/11 r �3 i'f` a') 4.. 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' —: " �,+4i• tg17,� 17 'I #{" ' ' �';�r ��1 r ^ t� ;� `•'`'ti S `(1 �� «, I IQ .:a563» ».. ''„. i , a",1 i'�411�, � +,t ,`y; 'i T`d (r . 40—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 4,650 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. is moderately slow. Available water tial and should be included in plans for habitat develop- Permeability s The moderately tive slow.ing depth ai le6 water ment, especially in areas of intensive agriculture. Range- capacity ca more. high. runoff is medium, and t s erosincion land wildlife, for example, the pronghorn antelope, can be hazard is low. attracted by developing livestock watering facilities, In irrigated areas this soil is suited to all crops com- managing livestock grazing,and reseeding where needed. manly grown in the hrea, including corn, beets, This soil has fair to poor potential for urban develop- monly grows, insmall grain, onions.sugarAn beets, ment. It has moderate to high shrink swell, low strength, beans,b s a suitable, cropping system potatoes,3 and 4 years of exam-as and moderately slow permeability. These features create yproblems 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. methods of irrigation are suitable, but furrow it- streams and are subject to occasional flooding. The poten- All rigation is the most common. Proper irrigation water tial is areas faie forand such un . development as l camp and management is essential. Barnyard manure and commer- picnic playgrounds. y Plains range site. te Ile ir- cial fertilizer are needed for topyields. rigated, IIIc nonirrigated; Loamy Plains 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 be seeded. Generally precipitation is too low for beneficial use of fertilizer. Such practices as stubble mulch fanning, striperopping, and minimum tillage are needed to control soil blowing and water erosion. The potential native vegetation is dominated by blue grama. 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, anakeweed, 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 shouldbe based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass, 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 shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing 881066 67—Ulm clay loam, 3 to 5 percent slopes. This is a Windbreaks and environmental plantings of trees and deep, well drained soil on plains at elevations of 5,075 to shrubs commonly grown in the area are generally well 5,200 feet. It formed in alluvial and eolian sediments from shale. Included in mapping are small areas of soils that suited to this soil. Cultivation to control competing have shale between depths of 40 and 60 inches. Also in- vegetation should be continued for as many years as possible following planting.Trees that are best suited and eluded are small areas of soils where the surface layer have good survival are Rocky Mountain juniper, eastern and subsoil have been recharged with lime from irriga- redcedar, ponderosa pine, Siberian elm, Russian-olive, and lion. Typically the surface of this Ulm soil is brown clay lac, Si hackberry. The shrubs best suited are skunkbush sumac, plum. loam about 5 inches thick. The subsoil is brown and pale lilac, Siberian an importashrub,ant t secAmeondary use of brown clay about 12 inches thick. The substratum to a Wildlife is important secondary of this soil. The cropland areas provide favorable habitat for ring-necked depth of 60 inches is clay and clay loam. Permeability is slow. Available water capacity is high. pheasant and mourning dove. Many nongame species can The effective rooting depth is 60 inches or more. Surface be attracted by establishing areas for nesting and escape runoff is medium,and the erosion hazard is moderate. cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- In irrigated areas this soil is suited to the crops com- ment, especially in areas of intensive agriculture. Range- monly grown in the area. Perennial grasses and alfalfa or land wildlife, for example, the pronghorn antelope, can be close grown crops should be grown at least 50 percent of the time. Contour ditches and corrugations can be used in attracted by developing livestock watering facilities, irrigating close grown crops and pasture. Furrows, con- managing livestock grazing,and reseeding where needed. tour furrows,and cross slope furrows are suitable for row This soil has poor potential for urban and recreational crops. Sprinkler irrigation is also desirable. Keeping til- development. Slow permeability and high shrink swell lage to a minimum and utilizing crop residue help to con- cause problems in dwelling and road construction. Capa- trol erosion. Maintaining fertility is important. Crops bility subclass Ilse irrigated, IVe nonirrigated; Clayey respond to applications of phosphorus and nitrogen. Plains range site. 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 57—Renohill clay loam, 3 to 9percent slopes.too low to make beneficial use of fertilizer. This is a moderately deep, well drained soil on upland hills and Stubble mulch farming, striperopping, and minimum til- lage are needed to control soil blowing and water erosion. ridges at elevations of 4,850 to 5,200 feet. It formed in Terracing also may be needed to control water erosion. residuum from shale. Included in mapping are small areas The potential native vegetation is dominated by of soils that have shale deeper than 40 inches. western wheatgrass and blue grama. Buffalograss is also Typically the surface layer is grayish brown clay loam present. Potential production ranges from 1,000 pounds about 9 inches thick. The subsoil is grayish brown and per acre in favorable years to 600 pounds in unfavorable pale brown clay loam about 12 inches thick. The sub- years. As range condition deteriorates, a blue grams-buf- stratum is pale brown clay loam. Shale is at a depth of falograss sod forms. Undesirable weeds and annuals in- about 29 inches. vade the siteas range condition becomes poorer. Permeability is slow. Available water capacity is Management of vegetation on this soil should be based moderate. The effective rooting depth is 20 to 40 inches. on taking half and leaving half of the total annual produc- Surface runoff is medium to rapid, and the erosion hazard tion. Range pitting can reduce runoff. Seeding is desirable is moderate. if the range is in poor condition. Western wheatgrass, This soil is suited to limited cropping. Intensive blue grama, sideoats grama, buffalograss, pubescent cropping is hazardous because of erosion. The cropping wheatgrass, and crested wheatgrass are suitable for seed- system should be limited to such close grown crops as sl- ing. The grass selected should meet the seasonal require- falfa, wheat, and barley. The soil also -is suited -to ir- ments of livestock. It can be seeded into a clean, firm rigated pasture. A suitable cropping system is 3 to 4 sorghum stubble, or it can be drilled into a firm prepared years of alfalfa followed by 2 years of corn and small seedbed. Seeding early in spring has proven most success- grain and alfalfa seeded with a nurse crop. ful. 881066 Closely spaced contour ditches can be used in irrigating Permeability is slow. Available water capacity ie high. close grown crops. Contour furrows should be used for The effective rooting depth is 60 inches or more. Surface row crops. Applications of barnyard manure and commer- runoff is slow,and the erosion hazard is low. vial fertilizer help to maintain good production. Keeping In irrigated areas this soil is suited to all crops corn- tillage to a minimum and utilizing crop residue are impor- monly grown in the area, including corn, sugar beets (fig. tant. 8), beans, alfalfa, small grain, and onions. An example of a The potential native vegetation is dominated by suitable cropping system is 3 to 4 years of alfalfa fol- western wheatgrass and blue grams. Buffalograss is also lowed by corn, corn for silage, sugar beets, small grain, or present. Potential production ranges from 1,000 pounds beans. Land leveling, ditch lining, and installing pipelines per acre in favorable years to-600 pounds in unfavorable are needed for proper water applications. years. As range condition deteriorates, a blue grama-buf- All methods of irrigation are suitable, but furrow ir- falograss sod forms. Undesirable weeds and annuals in- rigation is the most common. Barnyard manure and corn- vade the site as range condition becomes poorer. mercial fertilizer are needed for top yields. Management of vegetation on this soil should be based This soil is well suited to winter wheat, barley, and on taking half and leaving half of the total annual produc- sorghum if it is summer fallowed in alternate years. tion. Range pitting can reduce runoff. Seeding is desirable Winter wheat is the principal crop. The predicted average if the range is in poor condition. Western wheatgrass, yield is 33 bushels per acre. If the crop is winterkilled, blue grams, sideoats grams, buffalograss, pubescent spring wheat can be seeded. Generally precipitation is too wheatgrass, and crested wheatgrass are suitable for seed- low for beneficial use of fertilizer. ing. The grass selected should meet the seasonal require- Stubble mulch farming, striperopping, and minimum til- ments of livestock. It can be seeded into a clean, firm lage are needed to control soil blowing and water erosion. sorghum stubble, or it can be drilled into a firm prepared Terracing also may be needed to control water erosion. seedbed. Seeding early in spring has proven most success- The potential native vegetation is dominated by blue ful. grama. Several mid grasses, such as western wheatgrass Windbreaks and environmental plantings are generally and needleandthread, are also present. Potential produc- not suited to this soil. Onsite investigation is needed to tion ranges from 1,600 pounds per acre in favorable years determine if plantings are feasible. Supplemental water is to 1,000 pounds in unfavorable years. As range condition needed for successful plantings. deteriorates, the mid grasses decrease; blue grama, buf- Wildlife is an important secondary use of this soil. The falograss, snakeweed, yucca, and fringed sage increase; cropland areas provide favorable habitat for ring-necked and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape Management of vegetation onthis soil should be based cover. For pheasants, undisturbed nesting cover is essen- on taking half and leaving half of the total annual produc- tial and should be included in plans for habitat develop- Sideoats grama, little bluestem, western wheatgrass, blue tion. Seeding is desirable if the range is in poor condition. meet, especially in areas of intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, can be grama,suitable pubescent wheatgrass, and crested meet wheatgras are attracted by developing livestock watering facilities, for seeding. The grass selected should into o managing livestock lean, irt sorghumts of stubble,libor It can be seeded Big grazing,and reseeding where needed. a clean, firm sorghum or it can be drilled into a This soil has poor potential for urban and recreational B development. The chief limiting features are the underly- proven rom prepared successful. seedbed. Seeding early in spring has Y most successful. ing shale, the low strength, and the moderate to high Windbreaks and environmental plantings are generally shrink swelL These features present severe problems in well suited to this soil. Summer fallow a year before dwelling and road construction and in use of septic tank planting and continued cultivation for weed control are absorption fields and sewage lagoons. Capability subclass needed to insure establishment and survival of plantings. IVe irrigated, VIe nonirrigated; Clayey Plains range site. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa ---" pine, Siberian elm, Russian-olive, and hackberry. The 79—Weld loam, 1 to 3 percent slopes. This is a deep, well drained soil on smooth plains at elevations of 4,850 to shrubs best American are plum. skunkbush sumac, lilac, Siberian 5,000 feet. It formed in eolian deposits. Included in peashrub,Open a and plum. mapping are small areas of soils that have a subsoil of and cottontail,tond wildlife,e such suited as pheasant,thisoi mourning dove, loam and light clay loam. Also included are some leveled development, are best n to and his soil. Wildlife habitat areas. including tree shrub plantings and grass plantings to serve as nesting areas, should be sue- Typically the surface layer of this Weld soil is brown cessful without irrigation during most years. Under ir- loam about 8 inches thick. The subsoil is brown and pale rigation, good wildlife habitat can be established, benefit- brown heavy clay loam and light clay about 20 inches ing many kinds of openland The substratum to a depth of 60 inches is silt loam. Penland 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, Ilk nonirrigated; Loamy Plains range site. 881066 (_ McCARTY ENGINEERING 2 L CONSULTANTS, INC. September 27, 1985 Mr. Norman Lovely Columbine Iron and Metal , Inc. 3747 Weld County Rd. #8 Erie, Colorado 80516 Dear Mr. Lovely: Re: Geologic Hazard Study for Erie, Colorado Property I have completed my inspection of the above referenced property, as requested. . This letter report contains my findings of the existing conditions at the property. No subsurface investigations were performed other than research of existing studies in the area. " This report is ,. not intended to imply that there is no possibility of ground subsidence in the future, however, the inspection made at this time showed no visible signs of surface subsidence that has occurred recently at any location on the property. The legal description of the property was supplied to us by your company and is attached as Exhibit A. This particular piece of land lies within a severe geologic area, as shown on a map prepared by the Colorado Geological Survey, dated May 10, 1978. The Eagle Mine lies directly on this property and was active up until approximately five years ago. This mine is not listed in the Colorado Inactive Mine Reclamation Plan as having significant environmental or safety problems. However, it is mentioned as being the cause of minor subsidence under I-25 at the Erie exit. Additional data obtained from the Colorado Geological Survey for the Eagle Mine includes the following facts: 1 . The depth of cover over the mine at the property site is between 350 feet to 400 feet. 2. The probable thickness of coal extracted beneath the property site is between 5 to 10 feet. 3. The mine pillars under the property site have not been removed. 703 THIRD AVENUE • LONGMONT,CO•772-7755/449-4373 88106.6 80501 Norman Lovely Page 2 September 19, 1985 I obtained additional information regarding subsidence problems from the Union Pacific ' Railroad and was informed by Barry Truesdell of their Denver office that they have had spotty subsidence problems under their tracks in this area. The subsidence they have experienced has been minor in nature. A visual inspection of the property showed no evidence of subsidence. There are numerous old buildings located on this property, some which are constructed of concrete blocks. These old buildings are a good indicator of existing subsidence problems in the area. One building, lying 100 feet directly to the west of the main mine shaft, did have some 45° cracks in the walls. However, these cracks appeared to be from differential settlement of the foundation and not from shaft subsidence. The remaining buildings on the site showed no significant problems. It should be noted that there has been a considerable amount of earthwork done on this property which could erase any signs of subsidence that might have occurred in the past. Due to the age and condition of existing structures on this property, any local subsidence that might have occurred was minor in nature. The ossibi ,....: . . . -- p lity -; does exist ' for subsidence to occur at this property sometime in the future. However, due to the nature of the proposed business at . this site, the occurrence of subsidence should not pose a serious threat to the operation . This completes my inspection and report. If you have any questions or need additional information, please feel free to call . Respectfully submitted, McCarty Engineering Consultants, Inc.fizz,Mike Appleg , P. '`��GISTEg€0.F�yi,� o S :. ° . rn� MA/ma = mod Q.:17 c cc: File #1650. 1 �'r: 15791 wo o ;T ?8gt- lJ .ass �;1 ONAt_�e°.0/0,, OF eoee FOF COt- o�` "%//-181111111140 881066 1..4 u.,,Lv.yr ns.1.Len JI/L t A tW KOOK ' ° 1`�r•71Y�•1 p A 1 rr TTIC.1...................... 1)ATe...... _ TIMED C/1'rk.. MARY AI al Irl._r.S TEIN, Clerk and Recorder, VI.::;) Cw ny, fe:w.I. 3- ! q° UNITED STATES MARSHAL'S PEED 1 - Civil No. 77-41-12 . • r C f 31nbtntlire„t fade and entered into Oils..1...[h day of July in the year of our Lord 19..81.., between. Pafael E. Juarez United States .11arsbal fur /he {° District of....Colorado grrrNorman tovel , ass- bry ri Thin of his r1..ul . the part,and Y irker of Harry Huge, (r� tr ,rv1 v: .n ri P.,ul D r, ns trustees of the United :one !lockers of America ' ❑i:ir I' .ux5 P.-Ftr2:ant F--u19 ' of ffr• .. .. _ .. ..._..... C-.Sl and_. county of......_Dcsrvcr and SCsce of Colorado • ._,of the second part: W1tnt55ttIL That whereas, at a regular Term of the District Court of the United States. held in and fur said District,on the 1st day of.....Septtnher in rite rater.1. D. 1.9 78 , Norman Lovely, assignee of. Harry �ur C.N. pp^v(es ani Paull SR.' Dean. as trusters of the United HIM Workers of. Frserita Iej Lth and Retrrcn;nt Funds ....... _. .. l'bri rr:i/)', r.ccr•envt a jr,denl rut urairrsf Imperial Coat Cmpany . .. .. . . ... .. ._..... ._._ _.. , Defendant,in a certain plea for the sum of One_Hundred FLfty,ltratsnnd tbllnrsand no/cents and toeethez with interest o is ..... . ... .. .. of a pa `.ran Septc W eP 1, 118 suit:and Ie/u-rca.r,on the 3rd..._...-. day of.._....March............_...............1.D.12.81.., a Writ of Execution issued from said United States District • Court for the collection of said judgment, which said Writ was directed to raid • Pafael E. Juarez...........__. United Stares ,Ilnrrhut as aforesaid, and that said Writ was levied by the said United States Marshal by virtue of his office, and according to the statute in such case made and provided, on the 2nd, 9th da!I o/.._...._April...._..—....— 1. D. 1981..., upon a lEth 23rd and certain tract or parcel of land, /Ierfinafter described,and which said land._Wa?_ advertised for sale by said United Stales .1larehnl according to Into, and afterwards, to wit: Or. t/:c .......5th dory of ... ....MaY _. .1. D. /D•91 , In pursuance of said advertisement, the said United States .1lars ha! exposed sold land to public sale if 9:15 a.m. at the front door of the a, I Norman Lovely, asst!7�ec of Harry Pupa, )wld County Co•.st.wuse ' C`.W. D vi se:-and Pa 1, R: A'tr1 as t�-5 pps op the [ .tin W ;ems- nee room •,x ty- P.et ire ..._ . ._. ... bid the Brun. of.�La -_�.: 1}trn?.mEdsFn°ree'�nmarcY`fr - meet this being the amount of the protective bid Mcs t- 'Pod.)5/100--rennet-.:-::.:-rr.-r.n/ollurs there/Or, which being the-highest and best ; bid the sniff land and remise.s, . ores struc.L. (11:177,,i In'el r 1 . /rr ar Jsolel 6r tnis IJ�rr e nss1,•;rce of Harry Ih7;c, C.W. Davies, and Paul R. bean, as trustees og eiiTttne Workers of America Health and Retire- , which wilt more fully appear by reference to a mont FLTds.. eerli lea(e of purr/rase riven to said Norman Lovely, assignee of Harry .W Huge, C . Davies, apt" pnul R. Dan, as trustees of the United Cline Workers of America Health and Retirement b y � f�c sail Dared States Marshal, bearing date the 5th day of t4iy rr nl� 12. 81• bq r;! fr c o//leirh 77nrcchpe and genii kale Ure ��// Nonn'm l ovely, assLpnce C; Irirr H•_;c 'C.r. �lavfe., and Paul K. Dean, a; �s Wes ok��Elne lJnt[cd-i[fne t:orkers of America Health and Retircrrnt Raids and R'`sw assigns became entitled to a Deed fur the said premises from the •nit! rafted States Marshal, because the said premises were pp• r- not dernt,d according to burn 8 . .-,•. 81.066 RECEIVED AUG 2 4 198 , HAND Post Office Box 210, Niwot, CO 80544-0210 • •TE- SUPPLY c-M- • NV I (303) 652-2188, Metro (303) 443-2036 August 19, 1988 Ken Lind P. O. Box 326 Greeley, CO 80632 Re: Meter Number 80 100 14 J2 Account number 3600 TO WHOM IT MAY CONCERN: The property located at 3747 Weld County Road 8 is within the "service area" of Left Hand Water Supply Company. The membership for the above named property has been completed and the property is currently served by this Company. This entitles one living unit to receive water service at this location. If you have further questions regarding this matter, you may contact me at the Company office. Sincerely, 4-19 !flames M. Dickey General Manager rr 881066 LINE EXTENSION FEE 2" Water line on Weld Co. Road 3 from Rd. 7 east 3700' Total line cost = $11, 231. 85 ($8311. 85 - David Joseph Co. ) ($2920. 00 - Columbine Iron and Metal) Number of Taps available = 8 (6 left) Fee per tap = $1405. 00 Due to: David Joseph Co. $1039. 00 Columbine Iron and Metal 366. 00 1 tap approved to Erie Road Joint Venture (tap req. No. 783) (old line fee of $1384. 00 quoted) 12/22/86 881066 INVENT! OF ITEMS SUBMITTED FOR CONSID' TION Case Number Amended USR-700 Submitted or Prepared Prior to Hearin& at Hearin& 1. Application sixteen Pages X 2. One application plat(s) one page(s) X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Letter dated September 7, 1988, from the Town X of Erie. 12. Letter dated September 16, 1988, from the Town X of Erie. 13. Letter dated September 7, 1988, from the State X Highway Department. 14. Letter dated September 9, 1988, from the Tri-Area X Planning Commission. 15. Letter dated September 6, 2988, from the Dacono X Area Fire Protection Area (date is what is on the letter) . 16. Memo dated September 5, 1988, from the Weld X County Health Department. 17 . Referral response dated September 19, 1988, X from the Weld County Engineering Department. 18. Letter dated September 13, 1988, from the Boulder X Valley Soil Conservation Service. 19. Letter dated September 30, 1988, from the State X Highway Department. 20. Letter dated September 28, 1988, from the X Colorado Geological Survey. 21. Eight pictures submitted by the Erie Planning X Commission. The original pictures are in Amended USR-691 file. I hereby certify that the twenty-one 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 October 7, 1988. Ve C � ✓fare urren Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS day of 19 ,c8 . SEAT C' s,A NOTARY\ PUBLIC y Gc:::c.:c' '.:: '.rs 7,25. 13, 1989 881066 My Commission Fxpres�' EXHIBIT INVENTORY CONTROL SHEET CaseJa,(i, /J ✓ k7/YiLI/YI%I-fi Exhibit 00 Submitted By Exhibit Description 7/ ph, d� . =� llt c rJ lG� 10/O, B. friAil.i i _[[rntindW o x) ie ,//brit t latiliVilild /67/ c. Oar nail i_ A l iq U /6//;2_ D. (64/1 (ZArafttli %SA, ;I/Lot/J(17f 21;7 . ailf2-z-fl. 1 / 0 4tcsir-t) /0/r2 E. '2.k Vo %V F. &4E Yom/ -A)� deg 4 44 i In a frp1-1 . H 4G. e‘atAzE /0/ptiH. /^yry !1 I.�1:r,4J i4A, �-_ Al " ,/ /// 2 2S Y- , 161 J. LI R(), ( (jlke ittii (-(4-C 416b---' i )A ( % K. Iil\VA ,t(6fe M CY\ el W\ ft(3 ` rc i it rc , H. L I /1A cry' 4 S ri enn J , N. L 1 ` I(� Pid4,u,v,„ C1PAs-,Ar W( CU"/Y BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Amended USR-700 NAME: Estate of Norman Lovely, c/o Mrs. Dorothy Lovely ADDRESS: 3474 Weld County Road 8, Erie, CO 80516 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a salvage, storage, and recycling facility. LEGAL DESCRIPTION: Part of the Si of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of the Town of Erie, north of Weld County Road 8, and west of 1-25 be recommended unfavorably to the Board of County Commissioners for the following reasons: 1) Deals with the Weld County Zoning Ordinance of March 22, 1988. The particular section of the zoning ordinance is section 24.3.1 .4. . ."The uses which shall be permitted will be compatible with future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the comprehensive plan or master plan of the affected municipalities." 2) After reading the comprehensive plan of Erie and hearing the testimony today, the proposed use of this land would not be compatible with the Town of Erie's Comprehensive Plan or future development of the area. Along the same lines, we can look at the Weld County Comprehensive Plan. It is the spirit of the Weld County Comprehensive Plan that our decisions would, in part, be made in accordance with the community's wishes whether they were incorporated or unincorporated. 3) The number of issues read into the record by the staff which are not in compliance. The number of issues which are not in compliance shows a philosophy of management. That is a philosophy of management which would not be good to have in the future with a larger business. 881066 `C x, 1 t3 - Amended USR-700 Estate of Norman Lovely October 4, 1988 Page 2 4) Diseconomy is a scale which involves the cost to society and not a cost to the firm. There is no evidence presented that by increasing the size of this business, the cost to society would be • lessened. With the philosophy of management that has been used in the past, social costs would go up rather than down and the County would be a loser rather than a winner. Motion seconded by Lynn Brown. VOTE: For Passage Against Passage Ann Garrison Jerry Burnett K Ivan Gosnell Lynn Brown Rick Iverson Jerry Kieeff er Ernie Ross 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 October 4, 1988, and recorded in Book No. XI of the proceedings of the Planning Commission. Dated the 5th day of October, 1988. ce,o c\ Bobbie Good Secretary 881066 Summary of the Weld County Planning Commission October 4, 1988 Page 5 A company that has been out of compliance in the past will not always be in compliance in the future. Therefore, an expansion or something that creates a negative externality for the County is not going to improve the County at all. Motion seconded by Jerry Burnett. 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. Jerry Burnett - yes; Ann Garrison - yes; Ivan Gosnell - no; Lynn Brown - abstain; Rick Iverson - abstain; Jerry Kiefer - abstain; Ernie Ross - yes. Motion carried with three voting for the motion, one voting against the motion, and three abstaining. CASE NUMBER: Amended USR-700 APPLICANT: Estate of Norman Lovely, c/o Ms. Dorothy Lovely REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a salvage, storage, and recycling facility. LEGAL DESCRIPTION: Part of the Si of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of the Town of Erie, north of Weld County Road 8, and west of I-25 APPEARANCE: Ken Lind, Attorney, represented the applicant . This request if for expansion of a use by special review for storage of ferrous and nonferrous materials, wood pallettes, restorable autos, and above ground equipment storage. They propose to lease areas of land for recycling and storage of the lessees equipment . There will be a full-time on-site manager. There are now six to twelve employees and they expect to double this amount. Tape 333 - Side 1 This land cannot be used for agricultural because of the coal mine tailings on the property. It cannot be used fur commercial or industrial operations because no large buildings can be place on the site because of undermining. This property is part of a geological hazard area. The Chairman called for discussion from the members of the audience. Don Brand, Chairman, Erie Planning and Zoning Commission. The Town of Erie has concerns regarding this request because it does not comply with its comprehensive plan. 881066 GX- -ut G Summary of the Weld County Planning Commission October 4, 1988 Page 6 Robert Philiphouse, Colorado Economic Development Council, reported this is the site of the old Eagle Coal Mine, and is an energy resource operation. Northern Europe recycles ninty-five percent of its refuse, while in the United States only sixteen percent of scrap materials are recycled, and Colorado is the leader. The U.S. Government has set no guidelines for recycling. Tape 333 - Side 2 Dorothy Lovely, property owner and applicant, reported there is a small aluminum furnace that has been on-site for eight years. They make small aluminum ingots at this site. This project has been reviewed by several governmental agencies, but they have never been sited for any infractions. Ken Lind reported they had reviewed the recommendation, conditions, and Development Standards as outlined by the Department of Planning Services' staff. It is their feeling Condition #7 allowing only 180 days to complete the landscaping is not adequate amount of time to complete this because the earthwork that will need to be done will take up to one year and need to be stabilized. He asked that two years be recommended to complete the landscaping and that spacing of the Russian olive trees be spaced as recommended by the Boulder Valley Soil Conservation Service. Condition #6---Assuming they can have two years to complete the landscaping would put the applicant in violation of this proposal. He asked that this condition be removed completely. The Chairman asked Keith Schuett to read the recommendation, conditions, and Developments Standards as proposed by the staff into the record. AMENDMENT: Ivan Gosnell moved Condition #7 be amended to read as follows: "The landscaping and screening plan shall be installed within 18-months and completed within 24-months of approval by the Boara of County Commissioners. . ." Motion seconded by Jerry Burnett . 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. Jerry Burnett - yes; Ann Garrison - yes; Ivan Gosnell - yes; Lynn Brown - no; Rick Iverson - yes; Jerry Kiefer - yes; Ernie Ross - yes. Motion carried with six voting for the motion, and one voting against the motion. 881066 Summary of the Weld County Planning Commission October 4, 1988 Page 7 MOTION: Ann Garrison moved we send Amended USR-700 to the Board of County Commissioners with the Planning Commission' s recommendation for denial. This motion is based on the following four factors: 1) Deals with the Weld County Zoning Ordinance of March 22, 1988. The particular section of the zoning ordinance is Section 24.3.1 .4. The uses which shall be permitted will be compatible with future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by the comprehensive plan or master plan of the affected municipalities. 2) After reading the comprehensive plan of Erie, and hearing the testimony today the proposed use of this land would not be compatible with the Town of Erie's Comprehensive Plan or future development of the area. Along the same lines, we can look at the Weld County Comprehensive Plan. It is the spirit of the Weld County Comprehensive Plan that our decisions would, in part, made in accordance with the community's wishes whether they were incorporated or unincorporated. 3) The number of issues read into the record by the staff which are not in compliance. The number of issues which are not in compliance shows a philosophy of management . That is a philosophy of management which would not be good to have in the future with a larger business. 4) Diseconomy is a scale which involves the cost to society and not a cost to the firm. There is no evidence presented that by increasing the size of this business, the cost to society would be lessened. With the philosophy of management that has been used in the passed, social costs would go up rather than down and the County would be a loser rather than a winner. Fer recommendation for denial is based on the above four items. Motion seconded by Lynn Brown. 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. Jerry Burnett - no; Ann Garrison - yes; Ivan Gosnell - No , because it is like gravel mining, he doesn' t particularly like the looks of it , but it has to be done. Recycling is kind of the same way. The appearance is not very aesthetic, but it appears the applicants are going to a lot of work and expense to make their property more presentable to the public. Lynn Brown - yes; Rick Iverson - no; Jerry Kiefer - yes; Ernie Ross - yes. Motion carried with four voting for the motion and three voting against the notion. 881066 mom MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER P.O. BOX 758 ' GREELEY, COLORADO 80632 C. (303)356-4000 EXT.4225 COLORADO October 12, 1988 Estate of Norman Lovely c/o Mrs. Dorothy Lovely 3474 Weld County Road 8 Erie, CO 80516 Dear Mrs. Lovely: Your application for a Site Specific Development Plan and an Amended Special Review Permit has been recoimiended unfavorably to the Board of County Cannissioners by the Planning Caanission. 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 Con[ussioners, 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 October 24, 1988. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY Ct.IMISSIONERS COUNTY, COLORADO GL� CHAIRMAN I wish to have a hearing on this matter brought before the Board of County Ccmnissioners. I agree to pay for the legal advertising expense. cc: Kenneth Lind, Attorney 881066 Ex ± b flITT rio MARY ANN FE AND REC R N WELD COUNTY CLERK AND RECORDER 0CT 1 91988 P.O. BOX 758 I ;'1 GREELEY, COLORADO 80632 (303)356-4000 EXT. 4225 COLORADO October 12, 1988 Estate of Norman Lovely c/o Mrs. Dorothy Lovely 3474 Weld County Road 8 Erie, CO 80516 Dear Mrs. Lovely: Your application for a Site Specific Development Plan and an Amended Special Review Permit has been recommended unfavorably to the Board of County Commissioners by the Planning Camdssion. 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 Cormissioners, 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 October 24, 1988. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS ODUNTY, COLORADO CHAIRMAN I wish to have a hearing on this matter broug before the Board County Commissioners. I agree to pay for the legal adve ising expense. cc: Kenneth Lind, Attorney ` r 6` Ex DATE: October 24 , 1988 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 9th day of November, 1988 , at 10 : 00 A.M. Docket No. 88-66 - Site Specific Development Plan and Amendment to Special Review Permit for uses similar to those listed (Rail and Track Sorting and Processing Plant) - The David J. Joseph Company Docket No. 88-67 - Site Specific Development Plan and amended Special Review Permit for a salvage, storage, and recycling facility - Estate of Norman Lovely, c/o Mrs. Dorothy Lovely OFFICE OF THE CLERK TO THE BOARD 2 Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS )hz1 WCOUNTY, COLORADO att \ Y- < ' 881066 LIND, LAWRENCE 6. OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING IOU ELEVENTH AVENUE P.O.BOX 326 GREELEY.COLORADO 60632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (303)353-2323 KIM R.LAWRENCE O03)356-9160 October 21 , 1988 Weld County Planning Department 915 Tenth Street Greeley, CO 80631 Attention: Rod Allison Dear Rod: Enclosed please find a copy of a letter we received from the Town of Erie concerning the Columbine Resources application . We would like to make this letter a part of the Planning Department file and as part of the Commissioner' s packets . Thank you. Very truly your LI , L REM OTTENHOFF Kenneth F. Lind KFL/cg Enclosure 0CT 2 1 1988 EA Weld Co. Racmuz i iaussIoi 881066 Cx 4 ,.+ RECEIVED OCT 1 8 19 � �4,4. 1%.-!!!!At. TOWN OF ERIE 88 Af eo 645 HOLBROOK P.O.BOX 100 ERIE,COLORADO 80516 • I IC I • sal-m.13 449.3085 *Ktil 174 OCT 2 1 1988 Weld Cu. ?tanning Co®dissiaa October 14 . 1988 Mr. Ken Lind, Esq . 1011 11th Ave. Greeley, CO 80631 Dear Mr. Lind: Your request to appear before the Town of Erie Planning and Zoning Commission has been considered by the Commission Chairman. Your offer to appear has been declined. Any recommendations of the Town of Erie Planning and Zoning Commission to either the Weld County Planning and Zoning Commission or the Weld County Commissioners is purely advisory . The Weld County Planning and Zoning Commissions request for comment is done as a courtsey to the Town of Erie soley because the Erie Comprehensive Plan does include the subject area of Columbine Iron and Metals Co. The decision to either accept or reject any proposal of Columbine Iron and Metals is at that point scley within the discreation of the Weld County Commission-. - - - - SincerelSine • chardott Acting Town Administrator RRL: jm - 881668 POLICE DEPT. METRO 449.3158 LOCAL-828-3200 P.O.BOX 510 FIRE DEPT. 828-3152 AFFILA VIT OF PUBLICATION State of Colorado County of Boulder I, Dean G. Lehman ,do solemnly swear that the LONGMONT DAILY TIMES CALL is a daily newspaper printed, in whole or in part,and published in the City of Longmont,County of Boulder,State of Colorado,and which has general circulation therein and in parts of Boulder and - - NOTICE street Third Floor,Greeley,Colorado. Weld Counties;that said newspaper has been continuously and ratio and to the zoning ulI w zonrhe State of l a DOCKET No.e6 eJ APPLICAN uninterruptedly published for a period of more than six months Board of c untwy will ::in theers of weld co t,ho Estate t0 00 BArgmfnv Lover next prior to the first publication of the annexed legal notice of Colors net First Weld Floor YG renennColloCenter,915 the „y+Wei Gayety Erie,10t tl0516 advertisement, that said newspaper has been admitted to the time specified.All hearings are scheduled for DATE:November'9{1988 10:00 a.m.and will be heard in the order Cesig- TIME:10:00 United States mails as second-class matter under the provisions fated on the agenda,Ail parsons in any manner REQUEST:Site Specific Development Plan antl nteresietl n melt.to SpeCifk D velopment Plan mend oSp ial Revl ii for of the Act of March 3,1879,or any amendments thereof,and that and Special Review Permit requested to al- salvage,storage,anq"obng Id- tend and may be heard. reify said newspaper is a daily newspaper duly qualified for Should the applicant or any interested party de. LEGAL DESCRIPTION!Part of the lki at Sec ire the presence of a Cone reporter to make a tion 15, TplMship r 1, publishing legal notices and advertisements within the meaning record of the proceedings,.In addition to the taped North,Rinl[e 68 West cord which will be kept dewing the hearing,the Of the stab p.m.,Wald of the laws of the State of Colorado;that a copy of each number of Clerk f cert d court reporters can be t contacted for a LOCATION:Approximately County,mlle0 east of the said newspaper, in which said notice of advertisement was courtB -sortershah o ain dSodrhe Clerk totof n theuch Town a and Erie,w northst of°f Weld County published, was transmitted by mail or carrier to each of the co o action r engaging t t least prior to to heh a en noe h BOARD OF E COUNTYOUNTY M COL0RAD0 subscribers of said newspaper, according to the accustomed by ng Part, BY:MARY ANN FEUERSTEIN the IT e ALSOruestIKNOWN ihatthe text and miens° COUNTY CLERK AND RECORDER mode of business in this office. certified by the Weld Copmy;Planning Commis. AND CLERK TO THE.BOARD sion may be examined Inlhe office of the clerk to BY:Tommie AMp»i papbfy the Board of County Commissioners,located in DATED:October 19,1988 the Weld County Centennial Center,915 10th PUBLISHED,October 26,1988,in the Platteville That the annexed legal notice or advertisement was published Heraldrald Published in the Dally Times-Call,Longfnpid, in the regular and entire edition of said daily newspaper once; col N tuber z,1080. , and that one publication of said notice was in the issue of said newspaper dated November 2 ,19 88 General Manager Subscribed and sworn to before me this 2nd day of November ,19 88 Notary Public FEE$ 30.50 are GOMMtNNION EXPIRES APRIL f 15.1088 MELAMF.D 3so TERRY 5T. IN1 HAMMONS LONGMONT. �I\ COLORADO(0501 881066 Affidavit of Publication STATE OF COLORADO County of Weld ss. I A.Winkler mead of said County of Weld being duly sworn,say that 1 ant publisher of Platteville Herald that, the same 1s a weekly newspaper of general circulation was printed and published in the town of Platteville in said county and state that the notice of advertisement,of which the annexed Is a true copy has been published in said weekly newspaper for ifp,.-i consecutive weeks: that the notice was published in the regular and entire issue of every - number of said newspaper during the period and time of publication of said notice and In the newspaper proper and not In a supplement thereof:that the first publication of said notice was contained in the NOTICE Issue of said newspaper bearing the dam of (D/'� ?�zy_" Pursuant to the zoning lame of the lY .yp A,D..19 and the last publication State of Colorado and the Weld thereof.in the issue of said newspaper,bearing date. Countpublic yhearing w Ordinance, ill be Zoning MMIn the the e2:b day of Chambers of the Board of County Commissioners re of County, </'� ,,�(�-/Q)� ( .f7Aiteresio MIS Weld comity (l/p�C.r'�.tJ 19�g that the said Ctennal Ceaur, �lo leah Streenet, , at Flee?, tilled. • Collude, at die di are Platteville Herald has been published continuously and uninterruptedly during the All hearings are scheduled for. DATE: November 9. 1988 period of at least fifty-two consecutive weeks next prior to the first 10:00 s.m. arld wal be nerd in TIME: 10:00 A.M. the order designated on the REQUEST: Site Specific issue thereof containing said notice or advertisement above referred nernna. Alt persohe in any to: and that said newspaper was at the time of each of the man- ner id a. Algid r the s Site Specific DevelopmentsiReview)an Permit for n angel publications of said notice duly qualified for that purpose within the Development Plan and Special Spaand f a sa- prequested to vage, storage, meaning of an act entitled. "An Act Concerning Legal ors . Review Permit are facility Advertisements and Publications and the Fees of Printers and attend and may be heard.applicant or or anyLEGAL DESCRIPTION: Pert of Publishers thereof, and to Repeal all Acts to of in Sinterested uld the peesire the Pres- the 5 112 of Section 15, Township all amt with 1thereof. s of thta,eCt"appro Apri . 1 1.and once of a court reporter to makes t North, Range 58 West of the 6th all am dm thereof, and par em de an actWeld County, Colorado h' record of the proceedings. in ad- P.M., ATION: Approximately 3 app 3,end app ed 1 931. ditlon to the taped. record which mitesLO east of the Town of Erie, theCl kept during anthd hearing, miles the Clerk to the Board's Office north of Weld County Road 8 and Publisher can be contacted for a list of cer- west of 1-25 -) tilled court resonate in the area. BOARD OF COUNTY If a court reporter k obtained, the COMMISSIONERS Su`�e'c�r-{�}t`�,ty,I�and sworn to lyre me this?� day of Clerk to the Board's Office shall WELD COUNTY. COLORADO fYRisTsuV A.D. 19 be advised In writing of such ec- gon at best five days prior to the BY: MARY ANN FEUERSTEIN hearing. TM cost ty engaging s COUNTY CLERK 411 AafrWt) court rspsrter shalt be borne by AND RECORDER tlu re IT AL p party- AND CLERK TO THE BOARD Notary Public BE IT ALSO KNOWN that the text and maps so.certified by the BY: Tommy Antune, Deputy FORT LUPTON K. : text County Planning 415 Denver Ave. Commission may be examined In DATED: October 19. 1988 Fort Lupton.CO BQ` the office of the Clark i Published in the P1Nlerilrs Ltlp Board of County Weld sienen. located In the Weld815alOW snit poteber as, 1Ma. Centennial Center, Street, Third Floor, OrNby, .. ......egin. .. Colorado. My commission expires June 1992 DOCKET NO. 88.67 rr) ;,olnrnis.>.on expires June 30, 1992 APPLICANT Estate of Norman Lovely do Mrs. Dorothy Lovely 8171 Weld F iiunty Road 8 e,-CO 80516 I 881066 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All hearings are scheduled for 10:00 a.m. and will be heard in the order designated on the agenda. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 88-67 Estate of Norman Lovely c/o Mrs. Dorothy Lovely 3474 Weld County Road 8 Erie, CO 80516 DATE: November 9, 1988 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and amended Special Review Permit for a salvage, storage, and recycling facility LEGAL DESCRIPTION: Part of the Si of Section 15, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of the Town of Erie, north of Weld County Road 8 and west of I-25 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Tommie Antuna, Deputy DATED: October 19, 1988 PUBLISHED: October 26, 1988, in the Platteville Herald 881066 err Dacono Area Fire Protection District November 2, 1988 si Weld County Commissioners 915 10th Avenue Greeley, Colorado 80631 Res Columbine Iron & Metals, Expansion of Use Request, USR-700. Commissionersa The Dacono Area Fire Protection District supports the request of Columbine Iron & Metals for expanded use in this area as set forth in their request. This property located at 3747 WCR-8, Erie, Colorado, and the adjoining properties of David Joseph Company are both performing a service of value and need to the area, and we support their growth and expansion. We further feel that this use of the existing area is of the best use, as the area is of no value to agricultural or residential, due to soil types and the old mine residues in the area. We, the Dacono Fire Protection District would like to ask the Weld County Commissioners and the Weld County Planning Commission however to consider the possibility of changing the proceedure of allowing these types of usage in this and other rural areas. We feel that the need for zoning changes may be looked at, rather than special use permits. We encourage Industrial: and Commercial growth in this and other areas of the district, but feel that we should have areas zoned for such uses and keep these uses in these areas so zoned. We have questions of spot zoning, not in this particular request, but in others we have had. We have business and industrial spotted among residential, which creates a nightmare in fire protection if allowed to continue un-checked. If this zoning could be brought about, then we could better enforce needed fire codes and protection to the various areas or zones as needed and required. , We appreciate your consideration on the above matters, and wish to re-affirm, that we do support the expansion of the above mentioned businesses. Respectfylly ; EXHIBIT Robe Fuss District Fire Chief //l9/85-- Dacono Area Fire Protection District • Dacono, Colorado 80514 DACONO, COLORADO 80514 88.1066 0 (('.t F 5�N' { , ratan �_. Iw::...:!::::./......:.!:.:.::......:.:.::::::':: " I: '\ li I ' 54II: ' H r t '' (:( f<:''''°' o y • a ti t ,- • 5Ub5 w:-\--:h , .L f, 7o w lI. �� '/ • :!'•l y, .j,• �ts<'�... st,del in '( r♦rt J/ ' -J �- ;P •t�� L;c R t ' �f �� C. 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Ix t t, "A} a x a v arm e,ox ,Z1r I � ,k �. r fry EXHIBIT i ,�.h, ,•.wa a.n i005.1- x .F a:3') s t) a, f2 YJ" ` ' !6.44,1#1449:-. �(Q* 'I T Rp' • rF11 �{ `, w F.... r ,-,• v7" ., yyau .J, fib, .t ,[ F9 nkn Yl e S p i'�F' of '� �' 1..Z... "'+4 } y. 4-� ' a t .' 4/9 I r5�� re a yv si �, 'I $ .e r � • �' f Y /l .."--.1° .�.'}9 a° s f t �` N.. r`° d u 3!-a�iV .. ' k r ',...-7,;,..:47.1/4. i •„- r , l'itiis a ^_.'� �,�'*�ter' ,, ,�Rte. N '.� 9 s i- 'a r' i - } • o.4 _ � %i Yw` 4.� sp44 fix. . .' A • w • I,� F�` �p p • . Fq y ) tR y �tGY. ♦ Y niY'Rr" xyi '� '. .i3j5 +i"12 df. : n :7'� 1' ri j FI r y l 0 • Ff- a a 1 g R}fYr Bk *., 114 " n -, '.4,4.73,,4-e",..):-.'` ` C 4 '. ... i .4F ! ., `34 s $ r { ( YaYrr 1(4. _ !� t.., i it a c • .�I a • """ S �ik � '''11,:.:',„4":rt.,,,:, .d, * 7:. . . .. a, I a •y ri.T a .. .. p ...„ ri '64....•-• •�r&u of Vic:a P iltil u l itti h ' 'T .A Y iiq - _•.�'•u2b+'Y STATE OF COLORADO DIVISION OF HIGHWAYS P.O. Box 850 'o �� s' ( 03) 53-123 Colorado 80632-0850 (303) 353-1232 -glop � o° November 4, 1988 Weld Co. , I-25 Lovely Site Plan and Amended U.S.R. NW of C.R. 8 and I-25 Mr. Rod Allison Department of Planning Services DOH File 45100 Weld County 915 - 10th Street Greeley, CO 80631 Dear Mr. Allison: Based on further review and analysis of the Lovely Site Plan and Amended Special Use Permit we must revise our previous comments as follows. Since this property is not zoned Industrial, the expansion of this existing salvage/storage operation along I-25 requires a State Highway Department Junkyard Permit. Issuance of this permit will require a plan which ensures that all materials be screened so as not to be visible from the main traveled way of the highway. A copy of the appropriate state statute is enclosed for your information. The screening of this operation along I-25 as proposed on the Use by Special Review map dated 8-19-88 would not be acceptable. The areas identified for future "Scrap and Salvage Expansion" and the "Recycling Tenants" area would have to be screened prior to any junkyard-type use of these areas. Our regulation states that the screening must conceal the junkyard on a year-round basis, be compatible with the surroundings, and be relatively maintenance-free and durable. Further information on the screening plan and permit can be obtained from Leon White at 350-2112. In addition, we encourage the applicant to coordinate with the U.S. Army Corps of Engineers regarding the impact of this facility expansion on a wetland area located in the northeast portion of the property. Questions should be directed to Terry McKee in Littleton, Colo. , at 979-4120. Please let us know if you have any questions or need further information. Very truly yours, DOUGLAS RAMES DISTRICT ENGINEER Cr/ �i iht�s 881066 John K. Crier" y" District Planning/Environmen. �1, (�y�j JKC:mbc(WJ) t_ c1r 7 �"J Enclosure - EXHIBIT11 cc: Leon White N0V 4 1988 File: Crier—Jacobson ftPp / •00 Weed Co. Mailai.g LRT01iS"i0f 431 General and Administrative 43-1-503 Cross references: For eminent domain proceedings, see articles 1 to 7 of tide 38; for the "Highway Beautification Act of 1965". see 79 Stat. 1023 and 23 U.S.C.A. § § 13[, 136 and 3t9. • PART 5 JUNKYARDS ADJACENT TO HIGHWAYS 43-1-501. Legislative declaration. It is declared to be the purpose of the general assembly in the passage of this part 5 that in connection with the construction, maintenance, and supervision of the public highways of this state, the state of Colorado place itself in a position to receive its full share of funds to be apportioned by the congress of the United States for expendi- tures on federal-aid highways in this state and, to this end, to control the existing and future use and maintenance of junkyards in areas adjacent to the interstate and primary highway systems in order to protect the public investment in such highways; to promote the safety and recreational value of public travel; to promote public pride and public spirit, both on a statewide and local basis; to attract to this state tourists and other travelers with a view toward broadening the economic well-being and general welfare; and to preserve and enhance the natural and scenic beauty of this state. Source: L. 66, p. 9, § 1; C.R.S. 1963, § 120-16-1. 43-1-502. Definitions. As used in this part 5, unless the context otherwise requires: (l) "Automobile graveyard" means any establishment or place of busi- ness which is maintained, used, or operated for storing, keeping. buying, or selling. wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle pans. (2) "Department" means the state department of highways. (3) "Highway" means the federal-aid primary and interstate systems, as defined in section 43-2-101. (4) "Junk" means old or scrap copper,brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, appliances, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. • (5) "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills. (6) "Person" means any individual, firm, agency, company, association, partnership. business trust, joint stock company, or corporation who operates a junkyard or who allows a junkyard to be placed or to remain on premises controlled by him. Source: L. 66, p. 9, § 2; C.R.S. 1963, § 120-16-2. 43-1-503. Permits required - exceptions. Except as provided in this part 5. on and after February 11, 1966, no person shall establish, operate, and maintain a junkyard which is within one thousand feet of the nearest edge of the right-of-way of the highway and visible from the main-traveled way 88106E 43-1-504 Highways and Roads 482 thereof unless a permit is first obtained from the department. No permit shall be required and junkyards, automobile graveyards, and scrap metal proc- essing facilities may be operated within areas adjacent to said highways which are within one thousand feet of the nearest edge of the right-of-way which are zoned industrial under authority of state law, or any of its political sub- divisions. Source: L. 66, p, 10, § 3;C.R.S. 1963, § 120-16-3. C.J.S. See 61A CJ.S., Motor Vehicles, 5 717. 43-1-504. Permits issued - when. The department has the sole authority to issue permits for the establishment, maintenance, and operation of junkyards within the limits prescribed by this part 5. No permit shall be issued unless such junkyard can be effectively screened, as required by regu- lation, by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of such highways. Such screening shall be at the expense of the person applying for said permit. Source: L. 66,p. 10, § 4; C.R.S. 1963, § 120-16-4. 43-1-505. Permit fees - expiration - renewal. Each application or request for a permit shall be accompanied by a fee of twenty-five dollars to defray the costs of administration of this part 5 by the department. All permits issued under this section shall expire one year from the date of issue and shall be renewed upon compliance with the provisions of this part 5 from year to year upon payment to the department of said annual fee. Such fees shall be collected, in accordance with the collection rules of the department of revenue, for deposit in the state treasury to the credit of the general revenue fund. The general assembly shall make annual appropriations from the gen- eral revenue fund for the administration of this part 5. Source: L. 66, p. 10, § 5; C.R.S. 1963, § 120-16-5. 43-1-506. Regulations. The department may promulgate such regulations as may be necessary concerning the issuance of such permits in order to qualify the state of Colorado for payments made available by congress to those states that meet federal standards for control of junkyards adjacent to its highways. The provisions of article 4 of title 24, C.R.S. 1973, shall not be applicable, except that section 24-4-106, C.R.S. 1973, shall apply. Source: L. 66, p. 11, § 6; C.R.S. 1963, § 120-16-6. 43-1-507. Judicial review. Any person aggrieved by action of the depart- ment in denying or revoking a permit may, within thirty days of the date of notice thereof, apply to a court of competent jurisdiction for appropriate relief pursuant to the Colorado rules of civil procedure or section 24-4-106, C.R.S. 1973. Source: L. 66, p. 11, § 7; C.R.S. 1963, § 120-16-7. 43-1-508. Violations - penalties. Any person who violates any of the provi- 881066 • • 433 State, County, and Municipal Highways 43-1-509 sions of this part 5 is guilty of a misdemeanor'and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Each day of violation of the provisions of this part 5 shall constitute a separate offense. In addition, and not in lieu of or as a bar to criminal enforcement as provided in this section, the department is authorized to institute appropriate action or proceedines to prevent or remove any junkyard existing in violation of the provisions of this part 5. Source: L. 66, p. 11, § 8;C.R.S. 1963, § 120-16-8. • 43-1-509. Screening, removal of existing junkyards. Any junkyard in exist- ence on February 11, 1966, which is not in compliance with this part 5 shall, at the expense of the department, be screened, as provided by regulations, by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the highway or. at the expense of the department, shall be removed from sight.The department is authorized to acquire, move, or relocate property, real or personal, or interests therein, by purchase, donation, condemnation, or by exchange of other property owned by the state to accomplish such objectives and to dispose of any prop- erty, real or personal, acquired thereby. Source: L. 66, p. 11, § 9;C.R.S. 1963, § 120-16-9. Cross reference:For condemnation proceedings,see articles i to 7 of title 38. • 881066 .�5 ° �, ,, x.444 a • x Y'0 XI'� vsa w'aF.o: } ° d MAp ..••••1:;-",,, J.gti 3 r h ' f _ �- 4 �.. ,t L •. Al f 41: ,,, �� •«{ " "71F7'• a • a •,,:,1 ')l 4 .Y t a+` . ,lit ' ir - tr '''' ' I' ' , . _ul a ! I x r .. XHIBIT .. • . , \ 881066 ' • • 225 + , a;•+� ' , v. ar a o.wa.&y.1 .M j; :STN 41^sM ." 4, v .O�IY.a bIMM 9�,M,u1 tr_,1, # y t I.N.Ytr a >� i+. .mar -AE �� - ` ) , I , ` � t, ...1-1-sr t..� .�t.•..ary. _ _,.._,. .. _ .. .. GR 881066 •, � t ,,r �w. - _ y ;• f� *M �. y • lir' ' . k 4 l'i! a !I r` It ' I 1 t ' ' t I t } Sill : j 4 • • t § 4._ A,"9-44,..- '- •Ykµ., *£ o� y „ 9�' . i ...« - .,..--' - . r M1 •"ry '7 t 1 • A' ' • P ,M1 -. z \ • F . u }a x E � E. � , 4 _?y - :,,-,...„74-41%4. a'(. <<,i,l .i jl ....,c9,ag.-- I'.XI •t x' .0 - 1 I } A �y$� 1 aye tyy ar••�A.f ' IIt 4q . KK . '�-.+. Hello