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Home My WebLink About870112.tiff RESOLUTION RE: APPROVE USE BY SPECIAL REVIEW FOR A SINGLE FAMILY DWELLING ON A PARCEL OF LAND SMALLER THAN THE MINIMUM LOT SIZE OF WELD COUNTY - STEVEN AND BRENDA JONES AND MIKE AND PAULA GEBO 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 18th day of February, 1987 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Steve and Brenda Jones , 3812 Soderberg Drive, Fort Collins, Colorado, 80526 , and Mike and Paula Gebo, 817 Redwood Court, Bellvue, Colorado 80512 , for a Use by Special Review for a single family dwelling on a parcel of land smaller than the minimum lot size of Weld County on the following described real estate, to-wit: Part of the W1 NW4, Section 18 , Township 8 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicants were represented by Jerry McRae, and WHEREAS, Section 24.4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicants 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 applicants have shown compliance with Section 24 . 4. 2 of the Weld County Zoning Ordinance as follows: f 7 /' Ce. (// .<k 870112 Page 2 RE: USR - JONES AND GEBO a. The proposal is consistent with the Comprehensive Plan in that the proposal is not located on prime agricultural land. The soils report indicates that the soils capability subclass designation is VIe with severe limitations that make it unsuitable for cultivation. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. No overlay districts affect the site. d. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a single family dwelling on a parcel of land smaller than the minimum lot size of Weld County on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . The following note shall be placed on the Use by Special Review plat prior to recording: "Weld County Road 13 within this area has a very low traffic demand and does not receive regular maintenance. During periods of heavy snows this type of road would not be opened for several days. Also, during periods of wet weather the roads may not be passable with standard passenger vehicles. " 870112 Page 3 RE: USR - JONES AND GEBO 4 . Within thirty days from the date of approval by the Board of County Commissioners, a copy of a soil erosion control plan approved by the Greeley Soil Conservation District shall be submitted to the Department of Planning Services Office. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 18th day of February, , 1987 . BOARD COUNTY ATTEST: ` IQ.ty. •2(A WELD COU TY COMMISSIONERS ATTEST:Weld County Clerk and Recorder and Clerk to the Board G d c , . rman BY—_ �c-c 2L r) C.W. Kirb , Pr em eputy County C erk EXCUSED APPROVED AS TO FORM: Gene R. Brantner O Ja ue . �e J son ounty Attorney Frank maguchi 870112 DEVELOPMENT STANDARDS Steve and Brenda Jones Mike and Paula Gebo USR-772: 86: 53 1 . The Use by Special Review permit is for a single family residence on a parcel of land smaller than the minimum lot size as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. The soil erosion control plan approved by the Greeley Soil Conservation District shall be maintained on the property. 3. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 5. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 6. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 7. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations . Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8 . The property owner or operator shall be responsible for complying with all of the foregoing Standards . Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. 870112 HEARING CERTIFICATION DOCKET NO. 87-4 -RE: USE BY SPECIAL REVIEW FOR A SINGLE FAMILY DWELLING ON A PARCEL OF LAND SMALLER THAN THE MINIMUM LOT SIZE OF WELD COUNTY - STEVE AND BRENDA JONES AND MIKE AND PAULA GEBO A public hearing was conducted on February 18, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner - Excused Commissioner Jacqueline Johnson 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 January 28, 1987, and duly published February 5, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Steve and Brenda Jones and Mike and Paula Gebo for a Use by Special Review on part of the W} NWi of Section 18, Township 8 North, Range 67 West of the 6th P.M. to allow a single family dwelling on a parcel of land smaller than the minimum lot size of Weld County. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, read the favorable recommendation of the Planning Commission, subject to four Conditions and eight Development Standards, into the record. Jerry McRae, engineer, came forward to represent the applicants. He stated that this application has been submitted so that each family can have an individual building site. He also informed the Board that a soil conservation plan, required by Condition #4, should be available soon. No public testimony was received concerning this application. Commissioner Johnson moved to approve the Use by Special Review, subject to the Planning Commission's recommendation. The motion was seconded by Commissioner Yamaguchi and tarried unanimously. This Certification was approved on the 2nd day of March, 1987. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: Q qteArniWELD COUJTrX !�COL9JADO Weld County C erk and Recorder / and Clerk to the Boa G d ac , a n i D puty County Clerk C.W. Kirby, Pro- em EXCUSED Gene R. Brantner cqu ne h on EXCUSED DATE OF APPROVAL Frank Yamaguchi TAPE #87-18 DOCKET #87-4 BL0104 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : FEBRUARY 18, 1987 DOCKET -# 87-4 USR-SINGLE FAMILY DWELLING, STEVE & BRENDA JONES AND MIKE & PAULA GEBO DOCKET # 87-5 USR_SINGLE FAMILY DWELLING, STEVE & BRENDA JONES AND MIKE & PAULA GEBO DOCKET # 86-78 COZ-A TO PUD, BAY SHORES PLANNED UNIT DEVELOPMENT PLEASE write or print legibly your name , address and, the DOC n (as fisted above). or the applicants name of the hearing you are attending. NPr1E ADDRESS HEARING ATTENDING Barbo(C (1`I• Ja.pikil_ /700 13100.J1ca2/�SQ;k /moo :De0 €r 510 t't': 0 . L la ' - 0 (( 1 q 47ce .07 LoU) /�v�hw 15 ,z � 51� u �5 n Yn/�e /' i7Z iI >> �l'Haterlay /?� �et:Ay / Y 'V't.c n .cn—a- c=' . / f at,,4, ,9t' -ece.rfiva..c .S VS n - a J);2Y[-- C / c--ci-4 jiU gi'c7 ci - tht,).Y-0 fJ /die id,,,,„ /n e,.. ae'A/ s/J;, v--e'v. -,-- .4 4'�' 9/0'Y/ �sLh.a.[ie_sfi� - _tet,/ j<.� i Z�-.� i /111---111—{, 14:41.1 ,r1/ X0 1 c /��1'fFt' �u dJY � ��t �`' c �,1 D�J y f f (J �j i-z met!.& 2 /776)() - �> ��J�[ 914e—e ? 1\ >1-2 =i 't,-w ci[1:7-��,f c . G L-,0 0 loco . Ii 1) / i �� "_I 2/1 a karj-/ dr;vc �ti rl�.n.., 71(,;. a-as57/ ec;t/ -1 k're- • • • • -370112 UNITED STATES Soil 4302 W. 9th St. Rd- DEPARTMENT OF Conservation Greeley, CO 80634 AGRICULTURE Service (303)356-6506 February 1'c':, 1987 Bo-ar"d of Weld County Commissioners Weld County Colorado P. O. BOX 7' Greeley , CO _:0,:632 Board Members TI-u i 5 is to inform you that T have met with Mr . Mike Gebo and Mr . Steve Jones and we have agreed upon the content of a conservation p l arl . Due ti:: t i rni nr and field office workload , thy conservation plan i5 in the process of compl-etion , therefore , won ' t be a.v_a. i Iable fo_or the board to review at your meeting today . Sir - Ronald D. Mill er- Distr- ict Conservationist Greeley Field Office mc : Mike Gebo Steve Jones 87-1112 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County toning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. -II a court reporter is _obtained, the Clerk to the Board's Office shall be edvised 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 Blanning Commission may he 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. ROCKET NO. 87-4 APPLICANTS: Steve and Brenda Jones Mike and Paula Gebo 3812 Soderburg Drive B17 Redwood Court Bart Collins, Colorado 80526 Sellvue, Colorado 80512 DATE: _February 18, 1987 TIME: 2:00 P.M. REQUEST: Use by Special Review - Single family dwelling on a parcel of land smaller than the minimum lot size of Weld County LEGAL IDESCRIPTION: Part of the W§ NWi of Section 18, Township -8 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 13, north of Weld County Road 90, and south of Weld County Road 96 (south of right-of-way for Weld County Road 94) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE -BOARD BY: Mary Reiff, deputy DATED: January 28, 1987 PUBLISHED: -February 5, 1987, in the Johnstown Breeze 870112 t XN/a,7 Z AFFIDAVITOF PUBLICATION Nance T-HEJOHN-STOWN BREEZE Pursuant t0 the zoning laws of STATE OF COLORADO I the State of. Colorado•and the I SS Wale-County2oninrg�� Ordinance the uChambe anblwthebe hi o/ COUNTY OF WELD I County Commissioners-of Weld 1, Clyde Hrlggs, dU solemnly'swear that I County, Coloado, Weld County am publisher of The Johnstown Breeze; ' Centennial Center -915 10th Street Fi st �loar, Greeley, that the same is a weekly newspaper Colorado,at the time specified. printed, in whole or in part, and�uhlished All persons in any manner interested in ih@ Use by Special in the County of Weld, State of Colorado, and mayrbere eyed to�ttend and has a general circulation therein; that Should the 0pplicant or any said -newspaper has been published interested party -desire the continuously and uninterruptedly in said presence m a court reporter to County of Weld fora period of more than make n record din of the Proceetl- rnes, mach will m the taped fifty-two consecutive weeks prior to the record which will be .coat wring Bo fiearin�, the Clerk to the first publication of the-annexed legal notice Board's-Offies can be contactedhe or advertisement; that said newspaper has rer 8 iist of certified court reporters in the area If a coed been admitted to the United States mails as reporter is obtaineQ the Clerk to the �oare's onma snap be second-class matter under the provisions of advised in writing of such action the Act of Marsh 3, I-N79, or any at least five bays prior to the hearing. The cost o/ engaging a amendments thereof, and that said' court reporter°Hall be borne by newspaper is a weekly newspaper duly the requesting party BE IT ALSO KNOWN that the qualified for publishing legal notices and laze and maps so mined by the advertisements within the-meaning of the Wend may nbe-examined om mthe laws of the-State of Colorado. office of Ne-Clerk to the Board That the annexed legal notice or advertise- of County Commissionersyy, merit was published in the regular and Cecnfennial CentetrNe915Counth Street, Third Floor, entire issue of every number of said weekly Colorado. Greeley, newspaper for the period of I consecu- DOCKET NO. 87-4 live insertions; and that the first APPLICANTS: publication of said notice was in the issue of Steve and Brenda Jones said newspaper daa•d2. S•. A.U. Ib.fi.7 3812 S rg Drive Fort Collins,lins, and that the last publication of said notice 6 Colorado 8052 was in the issue of said-newspaper dated Mike and Paula Gebo817 , A.D. 19 Bellvue,Cv ood Court Colorado o 80512 • In witness whereof I have hereucito set DATE: February 18, 1987 my hand this ....1.Z clay of .seta TIME: 2:00 P.M. A.D. 19.g.≥ REQUEST: Use by Speolal Re- view-Single familyzrwelling on a parcel of lane smaller than the minimum lot size o/Web County - S Publisher LEGAL DESCRIPTION: Part of the we, h NW of Section 18, County, Township 8 Nprth, Range 67 West , the Coloradoo tH P.M., Weld Subscribed and sworn to before me, -a LOCATION: East of Weld Coun Notary Public in and for the, County of Road 13, north of Weld County Wld, tale of Colorado this /.7.... day' of , Road 9R and south of Weld .-.f�County Road Id (sogth of right- .. " ff A.D. 19.&. .... of-way for Weld County of 94) V BOARD OF COUNTY �f '/ COMMISSIONERS �1,7C,,'l r•• i .Q.` rrr:.. WELD_COUNTY, NotaryPublic. COLORADO 0 BY: MARY ANN FEUERSTEIN COUNTY CLERK AND commission My expires ,.,.• RECORDER AND CLERK µ Y ""'o' TO THE BOARD BY: Mary Reiff, Deputy . - 14 DATED: January 28, 1987 PUBLISHED: February 5, 1987, w in the Johnstown Breeze 874112 The Coloradoan STATE OF COLORADO )ss. AFFIDAVIT ON PUBLICATION COUNTY OF LARIMER Robin K. -Hause , being first duly sworn upon oath, deposes and says: That said is the Legal Clerk of The Coloradoan; that said has personal knowledge of all facts set forth in this affidavit; that The Coloradoan is allublic daily newspaper of general_circulation, having its principal office and place of business-situated in said County of Larimer; that said Coloradoan is printed and published daily; that said Coloradoan is-a daily newspaper, duly qualified for the purpose-set forth within the meaning of Chapter 109, Article 1, Sections 1-1 to 1-8 inclusive of Colorado Revised Statutes 1973, and any amendment thereof passed prior to the date hereof; that said newspaper had, prior to Januarys, 1936, and has ever since said date been admitted to the United Statesi Mails as second class matter under the provisions of the Act of March 3, 1879, and any amendments thereof, that-said newspaper is printed in whole in said County of Larimer-and-has-a general-circulation therein; that said newspaperhas been so printed and published as a-public daily newspaper of general circulation in laid County of Lar- imer, uninterruptedly and continuously,-during-the period of more than fifty-two consecu- tive weeks next prior to the first issue thereof containing the annexed legal notice of advertisement; that said annexed legal notice or advertisement was published in the regular and entire editions of said newspaper for 1 successive weeks on _ Wednesday of each successive week; that the first publication of said legal notice or advertisement was in the regular and entire edition of said newspaper on the __ 4th day of February - , A.D. 19 87 ; that the last publication of said legal notice or advertisement was in the regular and entire edition of said newspaper on the 4th day of -_ February _ , A.D. 1987_.., and that. copies of each number of said paper in whichsaid notice or advertisement was published were delivered by carriers or transmitted by mail to each of thesubscribers of said paper, according to the accustomed mode of business in this office. N79 C .v/�i�/'c-ate. - _ --- Subscribeda,nd sworn to before me, at-and within the County of Larimer, State of Colorado this __ 4th _ day of _ February - , A.D. 1987 . •^P' "7+ 4. 1-,f p1 n3s 3c1uoY t My commission expires Notary Public Mary Ann F_euerstein County Commissioners, Weld County 915 10th Str-eet Greeley, CO 80631 870112 Delivered to Pursuant tothe NOTICE laws of the' State of Colorado and the Weld County Zoning.Ordinance,a pub- lic hearing will be held in the Chambers of the Board'of County Commissioners of Weld County, Colorado,Weld County.Centennial Center; 915-70th Street, First Floor,time Specified.A l poem gt� -Special mec Revir ew are ren quested to attend and may be heard. Should the applicant or any inter- ested parry 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 fhe hearing,the Clerk to the Board's Office can be con- tacted for a lief of certified court reporters in the.area. If a court reporter Is obtained,the Clerk to the Beard's Office'.shall be advised in writing of such action'' at least five days prior tothehear- reporter(p Ollrrrybe�bornee by the LBE lTAL5O KNOWN that the text and maps so certified by the Weld 2ounty Planning Commission may be examined in the office of t Clerk to the Board of County C isssioners, located In the 91510th Streyet,Third Floor,Gree- Iey,XolwatlA DOCKET NO.87-4 Steve ant.Orrtwe Jones 3812 g Drive Fort Collins,Colorado 80526 Mike and Pattie Gebo 817 Reaw'ooto GlumBelivue 80512 DATE-February� is,,1987 TIME:2:00 P.M. Review—Bindle Use' by w Bindle faintly dwelling heaminimum land si smaller than County LEGAL DESCRIPTION: Part of Meth NW'A of Section 18,Town- ship 9 North,Range 67 West of the 6th-P.M.,Weld County,tolorado LOCATION:East of Weld Road 13, north of Weld Countyy Road 90,and south of Weld County Road 96(south of right-of-way for WBOARD_OF ty COUNd TY COMMIS- SIONERS WELD LORADO BY:MARY ANN EUERSTEIN COUNTY_CLERK AND RECOR- DER AND CLERK TO THE BOARD BY:Mary Reiff,Deputy DATED:Januarys,1997 The Colorotloan,N79,February a, 1987. DATE: January 28 , 1987 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections , we have tentatively set the following hearings for the 18th day of February, 1987 , at 2: 00 F.M. -Docket No. 87-4 - USR, Single family dwelling on a parcel of land smaller than the minimum lot size of Weld County - Steve and Brenda Jones and Mike and Paula Gebo Docket No. 87-5 - USR, Single family dwelling on a parcel of land smaller than the minimum lot size of Weld County - Steve and Brenda Jones and Mike and Paula Gebo OFFICE OF THE CLE K TO THE BOARD BY: 2-274)(1c// 4�._, Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COU Y, '• ORADO Sr, / \N.t. 87®112 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING January 20, 1987 A regular meeting of the Weld County Planning Commission was held -on January • 20, 1987, in the County Commissioner's Hearing Room, Weld County Centennial Building, -915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Jack Holman at 1:30 p.m. Tape 265 - Side 1 ROLL CALL Lydia Dunbar Present Ivan Gosnell Present LeAnn Reid Present -Louis Rademacher Absent - -Called in Lynn Brown Present Paulette Weaver Present Ann Garrison Present Jack Holman Present Also present: Keith Schuett, Current Planner, Bruce Barker, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the -Weld County Planning Commission Meeting held on January 6, 1987, was approved as distributed. CASE NUMBER: USR-772:86:53 4 APPLICANT: Steve and Brenda Jones REQUEST: Use by Special Review permit for a single family dwelling on a lot -smaller than the minimum lot size of Weld County. LEGAL DESCRIPTION: Part of the W} NW} of Section 18, T8N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: -East of Weld _County Toad 13; north of Weld County Road 90 and -south of Weld County Toad 96 (south of right-of-way, Weld County Road 94) . APPEARANCE: Jerry McRae, Y.E. , McRae and Short, Inc. , represented the applicant. These are two adjoining parcels of land, and they wish to divide them into to 80 acre parcels. At present the property is native range grasses, and there are no buildings vn the either site. They would like to build a house on each parcel. The -easement will be recorded as a permanent right-of—way. The Chairman asked Mr. McRae if they had reviewed the recommendations, conditions, end Development Standards as outlined by the ;Department of Planning Services staff. He stated they have no objections to any of these items. 870112 EX,tint 1 L Summary of _the -Weld County Planning Commission Meeting January 20, 1986 Page 2 The Chairman called for discussion from the members of the audience. Chad Noland, adjacent property owner, stated he is in favor of this request. She land is marginal for farming. The Chairman asked that reading of the recommendations, conditions, _and Development Standards into the record be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Lydia Dunbar moved Case Number USR-772:86:53 for Steve and Brenda Jones for a Use by Special Review permit for a single family dwelling on a lot smaller _than the minimum lot size of Weld County be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by LeAnn Reid. 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. Lynn Brown - yes; Lydia Dunbar - yes; LeAnn Reid - yes; Ivan Gosnell - yes; Paulette Weaver - yes; Ann Garrison - yes; Jack Holman - yes. The -motion carried unanimously. CASE NUMBER: USR-773:86:54 APPLICANT: Steve and Brenda Jones REQUEST: Use by Special Review permit for a single family dwelling on a lot smaller than the minimum lot size of Weld _County. _ LEGAL DESCRIPTION: Part of the E} NW} of - Section 18, T8N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 13; north of Weld County Road 90 and south of Weld County Road 96 (south of right-of-way, Weld County Road 94) . APPEARANCE: Jerry McRae, P.£. , McRae and Short, Inc. , represented the applicants. Be asked that the testimony given on Case Number USR-772:86:53 be applied to this request. The Chairman called for discussion from the audience. There was none. 870112 1W JAN 26 6 1987 i' '! BEFORE THE WELD COUNTY, COLORADO PLANNING COMMI �� nCG m'- -et-.J Z11-1-L-1. COLD. RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lydia Dunbar 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: USR-772:86:53 NAME: Steve and Brenda Jones Mike and Paula Gebo ADDRESS: 3812 Soderburg Drive 817 Redwood Court Fort Collins, CO 80526 Bellvue, CO 80512 REQUEST: Use by Special Review permit for a single family dwelling on a parcel of land smaller than the minimum lot size of Weld County. LEGAL DESCRIPTION: Part of the W} NWi of Section 18, T8N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 13, north of Weld County Road 90, and south of Weld County Road 96 (south of right-of-way Weld County Road 94) . be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: — The proposal is consistent with the Comprehensive Plan in that the proposal is not located on prime agricultural land. The soils report indicates that the soils capability subclass designation VIe with severe limitations that make it unsuitable for cultivation. - The proposal is consistent with the intent of the Agricultural Zone district and is provided for as a Use by Special Review. - No overlay districts affect the site. - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. 870112 Xho,g, 7 B Steve and Brenda Jones Mike and Paula Gebo USR-772:86:53 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 Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The following note shall be placed on the Use by Special Review Plat prior to recording. "-Weld County Road 13 within this area has a very law traffic demand and does not receive regular maintenance. During periods of heavy snows this type of road would not be opened for several days. Also, during periods of wet weather the roads may not be passable with standard passenger vehicles." 4. Within thirty (30) days from the date of approval by the Board of County Commissioners a copy of a soil erosion control plan approved by the Greeley Soil Conservation District, shall be submitted to the Department of Planning Services' office. Motion seconded by LeAnn Reid. Vote: for Passage Against Passage Lynn Brown -Lydia Dunbar -LeAnn Reid Ivan Gosnell Paulette Weaver Ann Garrison Jack Holman 870112 Steve and Brenda Jones Mike and Paula Gebo USR-772:86:53 Page 3 The Chairman declared the resolution passed and ordered that a certified ropy 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 January 20, 1987, and recorded in Book No. XI of the proceedings of the maid Planning Commission. Dated the 20th day of January, 1987. t oL l,-.s- Qo®a Bobbie Good Secretary 870112 DEVELOPMENT STANDARDS Steve and Brenda Jones Mike and Paula Gebo USR-772:$6:53 1. The Use by Special Review permit is for single family residence -on a parcel of land smaller than the -minimum lot size as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The soil erosion control plan approved by the Greeley Soil Conservation District shall be -maintained on the property. 4. All Construction on the property shall be in -accordance -with The requirements of the Weld County Building Code Ordinance. 5. _The property owner or _operator shall be responsible for _complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or -operator shall he -responsible for complying with the Operation Standards of Section 24.b of the Weld County Zoning Ordinance. 7. personnel from the Weld County Health Department and Weld County Department _of Planning Services shall be granted access ontn the property at any reasonable time in 'order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld -County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable -Weld County Regulations. Any material deviations _from the plans or Standards as shown or stated shall require the approval -an amendment of the Permit by the -Weld County Planning Commission and the Board of County Commissioners before such changes _from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards -may be reason for revocation of the Permit by the Board of County Commissioners. 870142 Additional. Comment-s Steve and Brenda Jones Mike and Paula Gebo USR-772:$6:53 The access to the lot to the east is shown as a thirty (30) foot access easement across this property. The access that is being used at this time is not the same as shown on the plat map. 8701.12 INVENTORY OF ITEMS SUBMITTED TOR CONSIDERATION Case Number uc8 2,l •6.6 3 Submitted »r Prepared • Prior • to Hearing At Hearing 1. Application U Pages 2, /-Application plat(s) / page(s) 3.-- DPS Referral .Summary Sheet � 4. DVS -Recommendation • 5. . DPB Surrounding Propery Owner Mailing List • 6. DVS Mineral Owner-s Mailing List 7. ITS Maps Prepared by Planning Technician 8. DPS Notice of Nearing /✓ 9. DPS Case Summary Sheet 10. DPS Feld Check Y 11. o/ni° cl/It12 ia/i/s F9ow rk athan N se:picrs Iaonii.. J# M'd 12. ()/(00 DAIX° �✓ /Cubs? ems" earn vveai✓ic_y &— . 13' AE/r 0010 I2/`t' f�Pom fu` sr r�r�a.��f Div/s/o v orl✓e /= g,,,r,reres 14' *Aa?ra 90-D//Vs-?Mom TIE cf14PoA64-✓,5%iv✓ 15. Oda.t 1- 16. 17. 18. 6 • 19. 20. I hereby certify that thee ( items identified herein were submitted to the Department of Planning Services at or prior to the acheduled Planning Commission hearing. I further nittify - that -these items feet forwarded to the Clerk So the Board's office on de 4i,,Dr • 'crg'ren t STATE OF -COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 7:3 DAY OF i�.,,� 19 $i SEAL • mv , c o.r. t . • NOT RY PUBLIC • eXm,a;z A 370112 My COMMISSION Er.PT-F is My Commission Exp'res Feb. 13, 1989 EXHIBIT INVENTORY -CONTROL SHEET Case (7/C - ,u �-�'' d" /7-V r Exhibit Submitted By Exhibit Description Zi7 � � � y� B. VI/��'!� . yry LL'� ' CC.,-Cc:iy. ,, it (GL�r. " /�//e4)996'If' 4.. ,j y 1 /% YYY C. l ld"P'Y''' (1;' l7ZC.:_ x- --dJ?;'-n-nn,'; /J7;t4 2 '- �// -- F. G. H. I. J. K. L. M. N. 0. 870112 Date: January 20, 1987 CASE NUMBER: USR-772:86:53 NAME: Steve and Brenda Jones Mike and Paula Gebo ADDRESS: 3812 Soderburg Drive 817 Redwood Court Fort Collins, CO 80526 Bellvue, CO 80512 REQUEST: Use by Special Review permit for a single family dwelling on a parcel of land smaller than the minimum lot size of Weld County. LEGAL DESCRIPTION: Part of the W} NWI of Section 18, T8N, R67W of the 6th P.M., Weld County, Colorado LOCATION: East of Weld County Road 13, north of Weld County Road 90, and south of Weld County -toad 96 (south of sight-of-way Weld County Road 94) . THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING -REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: — The proposal is consistent with the Comprehensive Plan in that the proposal is not located on prime agricultural land. The soils report indicates that the soils capability subclass designation VIe with severe limitations that make it unsuitable for cultivation. - The proposal is consistent with the intent of the Agricultural Zone district and is provided for as a Use by Special Review. - No overlay districts affect the site. - Use by Special Review Development Standards will provide adequate protection -of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. 870112 Steve and Brenda Janes Mike and Paula Geboe USR-772:86:53 Page 2 The Department -of Planning _Services staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use -by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Jteview activity shall not occur nor shall any building or electrical permits be issued on the property until the Use -by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the -office of the Weld County Clerk and Recorder. 3. The following note shall be placed on the Use by Special Review Plat prior to recording. "Weld County Road 13 -within this area has a very low traffic demand and does not receive regular maintenance. During periods -of heavy snows this type of road would not be opened for several days. Also, during periods of wet weather the Toads may not be passible with standard passenger vehicles." 4. Within thirty (30) days from the date of approval by the Board of County L-ommissioners a copy of a soil erosion control plan approved by the Greeley Soil Conservati-on District, shall be submitted to the Department of Planning Services' office. 8710112 DEVELOPMENT STANDARDS Steve and Brenda Jones Mike and Paula Gebo USR-772:86:53 1. The _Use by Special Review permit is for a single family residence on a parcel of land smaller than the minimum lot size as submitted in the application _materials on -file In the Department of Planning Services and subject to the Development Standards stated hereon. 2. The soil erosion control plan approved by the Greeley -Soil Conservation District shall be maintained on the property. 4. All Construction on the -property shall be in accordance with the requirements of the Weld County Building _Code Ordinance. 5. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or operator shall be -responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 7. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or ,stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commis-sioners before such _changes from the -plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 870112 Additional -Comments Steve and Brenda Jones Mike and Paula Gebo USR-772:.6 S3 The access to the lot to the east -.s shown as a 30' access easement across this property. The access that is being used at this time is not the same as shown on the plat map. 87-0112 UNITED STATES Soil 4302 W. 9th St. Rd . DEPARTMENT OF Conservation Greeley, CO 80634 AGRICULTURE Service (303)356-6506 January 9, 19_7 Board of Supervisors West Greeley Soil C:cinservat i on District P.O. Boy: `6 Greeley, CO 206=632 2_ Weld County Case Number : USR-77;x:36 :5:-r Gentlemen : I have reviewed the application from Steve and Brenda Jones - Mike and Paula Gebo for a Use by Special Review permit for a single family residence on a lot size smaller than the minimum lot size in part of the W 1 /2 NW 1/4 of . Section Sett i on 1S, TSN, R67W. This location i s east of Weld County Road 13, north of Weld County Road 90, south of Weld County Road 94, and south of right-of-way Weld County Road 94 . Upon review, the proposed building site described above is located on Terry sandy loam with 3-9% slopes . This so i I has a moderate I i rn i tat i orr for dwellings with basements and a severe limitation septic tank absorption fields due to depth to rock . An on--site i nvest i ga i tan is recommended before proposed construction. All other- plans and larrduse are within soil capabilities . I would suggest approval of the plan based upon on-site inestigation to determine whether planned activities are feasible . Sincerely, C6L4^~°L-66 ZO- Carroll W. Scott So i l Conservationist Greeley Field Office C:WS/kep 870112 LAND-USE APPLICATION SUMMARY SHEET Date: January 15, 1987 CASE NUMBER: I?SR-772:86:53 NAME: Steve Jones, 3812 Soderberg lDrive, fort Collins, CO 80521 Mike Gebo 817 Redwood Court, Belluve, CO 80512 REQUEST: Use by Special -Review permit for a single family residence on -a parcel smaller than the minimum lot size of Weld County LEGAL DESCRIPTION: W} NW} of Section 18, T8N, R67W of the 6th T.M., Weld County, Colorado LOCATION: East of Weld County Road 13; north of Weld County Road 90 and south of Weld County Road 96 (south Right-of-way of Weld County Road 94) SIZE -OF PARCEL: 80 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. The Department of Planning Services staff has received specific recommendations from the following referral entities: -- Division of Water Resources - Weld County Engineering Department - Weld County Health tepartment Copies of these referral responses are included in this summary packet. Referral responses have not been received from the following: - Nunn -Fire Protection District - Greeley Soil Conservation Service - Lydia Dunbar, Planning Commission Member 870112 ,��Tj _ DEPAR . NT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 • plc �3� 915 10thSTREET GREELEY,COLORADO 30631 t 0 , 7 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a Public hearing on January 20, 1987, at 1:3-0 -pm. to -review a request for approval of a :Use by Special Review permit for a single _family residence on a parcel of land smaller than the minimum lot -size allowed _from Steve and Brenda Jones - Mike and Paula Gebo the parcel of land is described as part of the W} NWi of Section 18, TBN, R67W of the 6th P.M. , Weld County, Colorado, -containing 80 acres, more or less. The property is located east of Weld County Road 13, north of Meld County Road 90 and south 'of Meld County Road 96. The -public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Meld County Commissioners' Hearing Room, 2irst 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, Roam 342, Greeley, Colorado 20631, before the above date or presented at the public hearing on January 20, 1987. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, treeley, Colorado, - Phone - 356-4000, lxtension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time 9, 1987 Received by: W If dide-e twv Date: 072. /rr6 y ' 2 `' 1986 it\ A _ 87011v2 cc. 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" &`'�*, - +.yr ". # A - Sad -- �,� ` -',.•,;„,-,- r - 4 t rrk rMs, Y is €...-• s.. ,gyp. s f -+ ' " f '4" xs�` - }•..r S � 2 - ==-:31 „ ..� ` FIELD CHECK PILING NUMBER: USR-772:86:53 DATE OF INSPECTION: January 9, 1987 NAME: Jones/Gebo REQUEST: Use by Special Review permit for a single family dwelling on a lot smaller than the minimum. LEGAL DESCRIPTION: W} NWp of Section 18, T8N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 13, north of Weld County Road 90, and south of Weld County Road 99 (south of right-of-way Weld County Road 94) . LAND USE: N 1 residence - dryland pasture E Dryland pasture S Dryland pasture - wheatfield W Dryland pasture - wheatfield - residence approximately } mile ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W Larimer County open zoning COMMENTS: The property is located adjacent to Weld County Road 13. The home site is located on top of a hill over looking Fort Collins to the west. This area has not been farmed. It appears that it would be difficult to farm due to the rolling terrain of the area. Access to the lot to the east is provided for in a 30' access easement across this property. The access that is being used at this time does not appear to be the same as shown on the plat map. By: tY jet eith SchuS tt Current Planner 870112 REFERRAL LIST APPLICANT: Steve and Brenda Jones — Mike and Paula Gebo CASE NUMBER: USR-772:86:53 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: December 24, 1986 NO SR NR NO SR NR // X County Attorney (plat only) Pr/ X Weld Tounty Health Dept. X Engineering Department AC_ County Extension Agent Office of Emergency Mngmt 7 _X_ State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 X . Nunn Fire Protection District Attention: Chief Lynn Shipps Nunn, CO 80648 X Greeley Soil Conservation Service 4302 9th Street Road Greeley, CO 80634 X Lydia Dunbar Box 8, Road 89 Grover, CO 80729 Tri Area Planning Commission P.O. Box 363 • Frederick, CO 80530 NO=No Objection SR=Specific Recommendations NR=No Response 870112 04-1H1 , E ORAfDU Elk , Weld County Planning Date DeceT 8, 1986 COLORADO From Health Protection Services We:716 , Subject: Case Number: USR-772:86:53 Name: Steve & Brenda Jones/ Mike & Paula Gebo Health Protection Services has reviewed this proposal and recommends for approval, subject to the following condition: 1. Weld County Septic Permit is required for the proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. By Direction of Ralph R. Wooley, M.D. �� . 1986 Wald Co. Planning Commission 870112 f Cl / ce 1� L cm�� ti `LTh 411 b b au�� 01 To Weld County Planning Department Date Decemb, r 23, 1986 COLORADO From Drew L. Scheltinga, County Engineer "�� Subject: Jones-Gebo USR-773:86:53 & 54 This memo addresses both Use by Special Review cases L'SR-773:86:53 and USR-773:86:54. The applicants intend to establish residences in the Northeast Quarter of Section 18, Township 8 North, Range 67 West. The location is on the west side of County Line Road (aka Weld County Road 13) in an -area approximately six miles north of State Highway 14. The first five miles north of State Highway 14 are maintained by Larimer County in accordance with a joint maintenance agreement -between Larimer and Weld Counties. The next mile north is maintained by Weld County under similar agreement. According to the maps available to me, the nearest residences on Road 13 is three miles to the south. The roads within the Weld County jurisdiction have a very low traffic demand and do not receive regular maintenance. Durina periods of heavy snows these types of roads would not be opened for several days. Also, during periods of wet weather the roads may not be passible with standard passenger vehicles. If residences are established in this area either Weld County will have to make extra investment to provide access for people who will commute to work, school buses and services, or the applicants will have to accept a level of service far below what they have now. DLS/bf xc: Planning Referral File: Jones-Gebo USR 870112 �/DE CDzO RICHARD D. LAMM �e `�fav{°` X90 JERIS A. DANIELSON Governor * State Engineer x /876x OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 December 30, 1986 Mr. Keith A. Schuett Weld County Planning Department 915 10th Street Greeley, CO 80631 RE: Jones and Gebo Special Reviews USR-772:86:53 and USR-773:86:54 NWi Sec. 18, T8N, R67W Dear Mr. Schuett: We have reviewed the above referenced proposals which would divide a 160-acre tract into two 80-acre tracts. Each tract would be used as a residential site and would require a new well. A well permit will be available on each tract; therefore, we can recommend approval. Sincerely, -Cr -Hal D. Simpson Deputy State Engineer HDS/JCM:cic cc: Alan Berryman, Div. Eng. Steve Lautenschl-ager JAM 5 uto¢ tomelissioo Weld to.11an 870112 MAILING LIST USR-772:86:53 and USR-773:86:54 Steve and Brenda Jones - Mike and Paula Gebo Richard Chadwell and Jaymie Jo Noland 46050 Weld County Road 13 Fort Collins, CO 80524 Near Mountain Farms Partnership c/o Al Parker 419 Canyon #222 Fort Collins, CO 80521 George R and Dorothy Turner Dunn 1501 Granda Alamagordo, NM 88310 Orville Charles and Virgil Lyle Hawkins Livermore, CO 80536 Dale W. Verstraeten P.O. Box 882 Estes Park, CO 80517 870112 MINERAL OWNERS USR-772:86:53 and USR-773:86:54 Steve and Brenda Jones - Mike and Paula Gebo Orville Charles and Virgil Lyle Eawkins Livermore, CO 80536 Steven D. and Brenda -W. Jones Michael and Paula Gebo 3812 Soderburg Drive Fort Collins, CO 80526 870112 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone — 356-4000 — Ext. 4400 Cnse Number Date Received Application Checked by Mylnr pint submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:W* of NW*Section 18 T8 N, R 61 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Nhr# Section 1p T 8 N, R 67 W Property Address (if qtvailable) PRESENT ZONE Anrirultu ral OVERLAY ZONES N/A TOTAL ACREAGE _ 80 PROPOSED LAND USE Qtte residential home. outbuildings. balance in rangeland EXISTING LAND USE Rannaland SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: - - Name: Steve & Hrenda Jones Address: 3812 foderhurg Drive City Ft . Collins _ Zip 80526 Home Telephone 0 223-4841 Business Telephone 0 482-4111 ext 1037 Name: Mike & "aula Geho Address: 817 Redwood Ct . City Oellvue, Co zip 80512 Home Telephone 0 224-2000 Business Telephone 0 none APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Address: City _ Zip Home Telephone 0 ' Business Telephone 0 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Orville & Virnil Hawking (75'1) _ Address: City Livermore. Co Zip 80536 Namel___stalwt Tnnac and Mi l-a & Paola (;ehn ( 257.,) Address: C/O 3812 Sorlerbura Drive City ft Collins. Co Zip 80526 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 ✓` �CleVC (, Y / STATE OF COLORADO ) • CCo b Signature: Owner or Authorized Agent Subscribed and sworn to before me this y day of j>(Cr.-:.cM 2. 1994. _IL,O /11 \e-t, _._ NOTARY 1 _W C My commission expires /-7- $ 7 870112 Statement of Proposed Use It is our hope to divide this 160 acre parcel into two 80 acre parcels. The two families requesting this division are related and wish to build one home on each 80 acres, creating a large family ranch.In order to do this we request a "Use by Special Review" approval of our plan to divide the parcel. The property is currently classed "Dryland", is not irrigated or farmed, and has been used in recent years to graze a few horses and mules. We would put it to much the same use, grazing no more than two or three animals on 80 acres. Our intention is to settle on this land permanently. It was chosen after a long search because of its panoramic views and easy accessibility to our work places. We want to build a small residential home with attendant accessory buildings. A small domestic vegetable garden will be the extent of our farming. Our closest neighbor, Mr. Noland, has put his land to a similiar residential use. To the east and south are properties which have been tilled for dryland wheat. Most of our property is too rough and steep for tillage. Larimer County Lies to the west. The section due west of our property is now owned by an individual, but is for sale in 40 acre parcels. This land is not tilled and is used minimally for grazing. The entire area is a very -dry bluff overlooking the plains of Larimer County. We will apply for a domestic well permit. Septic systems (tank and field) will be installed according to code. Access to the property will be by a gravel driveway. Our intention is to keep the property free of debris and junk. Automobiles will be garaged and stalls will be built for the animals. nur landscaping plan is to leave the area much as it is now, with a few dry- tolerant trees and shrubs as decoration and windbreak. The property does not lie within any flood plains, geologic hazard areas, or airport overlay districts, and therefore complies with the Zoning Ordinance. Our proposed schedule is to have the house habitable within five years (1991) . This proposed use does not conflict with the Weld County Comprehensive Plan. It removes no farmland from production. We submit it is very positive for the county since it is family oriented and therefore long term, and it increases the tax base by turning land of minimal usage into residential property. The proposal is consistent with the intent of the agricultural district in that it seeks to maintain the present use of the land and assures that the future use will be much the same as it has been in the past. We believe that our proposal is consistent with the future development of the surrounding area. We hope that our proposal is not viewed as a residential attack on farming land, but rather as a constructive use of a presently unproductive resource. 870112 AFFIDAVIT -OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 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 3s 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 ar abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. The foregoing instrument was subsc(/ribad and sworn to before me this /Ad- day of t ,ea,/ � , 19 p,'. WITNESS my hand and official seal. My Commission expires: t,,, ,57,067 1 No'tar Mtedlic ere- th_e , , Os a 870112 NAMES OF OWNERS OF PROPERTY WITHIN 50U FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Richard Chadwell Noland and Javmie Jo Noland 62053507000015 46050 T!CR 13, Fort Collins , CO 80524 (eorae ?. Dunn and Dosothv Turner Dunn 6205S307000014 1501 (randa , A1amaaordo, NM 88310 ^T" 7Y I es ^i1 'li rcri l Lyle 62955518C20001 000`3 c /o Irvine s?,0ci ns, L i zT- r-p1om C" Rn5 q6 & . :1 1'10171)(1 and in Larimer County: Dale W. 4erstraeten section 13 Twnshn 8 Rna 68 ''n °ox 882 8813D-00-001 sfQs Co 805_17 870112 ADDENDUM The owner of the property to the north of Mr. Verstraeten's, section 12 in Larimer County, due west of Mr. Noland's property and within 500 feet of our property, is Near Mountain Farms Partnership c/o Al Parker 419 Canyon #222 Ft. Collins, Co. 80521 870112 P 1128 PrC 02070179 09/19/86 15: 46 $6.00 1 /002 t 176E / Y ANN FEUERSTEIN CLERK b RECORDE' ELD CO, CO• AH207OL79 WARRANTY DEED I THIS DEED,Made this 18th day or September ,1486 • between ORVILLE ChIARLES HAWKINS and VIRGIL LYLE HAWKINS In -re < II s7 0� I; of the • County of Larimer .Sum or Colorado,grantor's)and State Documentary Fee • STEVE JONES and BRENDA JONES, as joint tenants as to Date 4.7.1.97.1942. , ' an undivided 50 percent interest, and MICHAEL GEBO and $ ........af.a..Q.O PAULA CEBO, as joint tenants as to an undivided 50 percen rutt_tLAA whose RFaladdress is 3812 Drive, Fort Collins, CO 80526 S Cr of the County of Larimer .Stale of Crdnudo.granteeln- WITNFSSETH,That the grantor(q,for and in consideration of the sum of SEVENTY THOUSAND ($70,000) i DOLL..ARS. the metal and sufficiency of which is hereby acknowledged.have granted.bargained.sold and conveyed.and by these presents do grant. bargain,sell,convey,and confirm.unto the grantee's), their heirs and assigns foresee.all the real progeny together nith inspnn nts. if any,situate.lying and being in the County of Weld .State of Coln ado. described as follows: The NW 1/4 of Section 18, Township 8 North, Range 67 West of the 6th P.M., Weld County, Colorado. See Exhibit "A" attached hereto and incorporated herein by reference for exceptions and reservations. also known by street and number as: TOGETHER with all and singular the herediuments and appurtenances thereto belonging.OT in any a ise appenaiuing.and the incision and reversions,remainder and remainders.rents.issues.and profits thereof.and all the estate.right.title,interest.claim and demand oha...eset of the gramorls).either in law or equity.of.in and to the above bargained premises.with the hcmditamena and appunenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances.unto the grantee's I. their heirs and assigns forever And the granlons).for them sal yes heirs nd personal representatives.do covenant grant.bargain and agree to and with the gramee(sl.their heirs and assigns.Mat at sea he time of else<aling and deliveryof these presents. they are well seized of the premises above conveyed.hale good.sure,perfect,absolute and indefeasible estate of inheritance,in law, in fee simple.and have good right,full power and authority in grant.bargain.sell and convey the same in manner and form as aforesaid,and Char the sante are free and clear from all former and other grants,bargains.sales.liens.Innis.assessments,encumbrances,and restnetions of whateset kind Di noun comer. except subject to easements and rights of way in place or of record; restrictions, reservations, or exceptions of record; and real property taxes for the year 1986 and subsequent years. The granmr¢l shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quirt and loveable possession of the granteelst. their *14 heirs and assigns,against all and every pentn in prrsuns lass fully claiming thew hole°fans part hereof IN WITNESS WHEREOF.Ihs gantor Isl have executed this deed on the time set forth atone. • • • 0A' L RO IRVIN HAWKINS, as attorney-in-fact for VIRGIL LYLE HAWKINS _ SIAIE OF COLORADO ss. County of Larimer of The foregoing instrument was acknowledged berate me this p day of September .19 86 . by ORVILLE CHARLES HAWKINS and by ROY IRVIN HAWKINS, as attorney-in-fact for My commission expires Iyay /F//9P9 Witness my hand and official seal. VIRGIL Llasf'4LtwJ1S. ' L 2ma A ' s`.......N.riT ,''f�',': LJ r * nuf in Denver,insert"City and" :sy PUBOt ' •! `tE aF cr", r .. .t... No.932.Rey.3-8S. WARRANT'eaten lane l•I.ni.arat•Lir Nn yet Brvll.•.I PihltalnnX.yM:a w fxF An I:i1rv..J,CO Xlt`I!—IV.tt:.t An, !set 870112 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE OF COLORADO ) as. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to -the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. n//// L 712a� D (-17Z,, The foregoing instrument was subscribed and sworn to before me -this X] 1 day of '�, !,, p)4.L 4 vl , 19 b6 WITNESS my hand and official seal. My Commission expires: (0%5≤i ) -421V ' C-4:2/i % Nota GP U ti1.• Coll C- S )s---0 'Z 870112 Orville Charles Hawkins and Virgil Lyle Hawkins Livermore, Co. 80536 : 75% of the NEt of Section 18 township 8 North Range 67 West of the 6th P.M. Weld County, CO. Steven D. Jones, Brenda W. Jones, Michael Gebo, and Paula Gebo c/o Steven D. Jones 3812 Soderburg Dr. , Ft . Collins, Co. 80526 : 25% of the NE-e- of Section 18 Township 8 North Range 67 West of the 6th P.M. Weld County, CO. X310112 SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART United Stales Department of Agriculture, Soil Conservation Service, in cooperation with the y Colorado 65 7 1 \v\ b 47 57 , l• P 1 t i 'I { 'I • 2- _Ore I�. P Its . i 5 i 63 r M . 1 54 4 20 56 • V r ! r I 1ii-. f� '' y 65 57 i q I i1 )‘ ' ' r l 47 i 63 65 1 5 . �r/ a .e ) i, � ;7 d ! 1 r 1 i 1847 y jf 1 1 � 9 _ I i f� ,1 6 7 t ff r 31 5 I � 65 1 I 5 •� t a ) 4 .i r Lfl! 20 66 .163 ; ,� I 47 5 i f I • I tit 1 �1, j , , J i h+ fret I li l $ !y. ,� 67. 65 ]) I 4 ' II 1 11 + i N i I I 65 i47 ' ° . / fI ! L , F +{ ,Iii 441,- = t l 20 q;. 21 i , I d J: 'j 1 i.r. , J( , 6' t 4 65-) 65 ° i 4 .I t �._ 1 ! r t 40 + • ill 44._ 1 4 '• I4 AI 5 4M j \ _I RR ! 65 t+,2 i.I q AA I •1Pt� • 47 1 ` a w.nir y pe "a +U k .� +Y sunver ",+ x qe, I j wilt; ; ,• , ‘i 14 (,}� S .‘44;;;;;-444:,..4.11 yam 1 44 4 ,l�y� 1 y , 7 T} ACC '.9 4E f • , d k ! i •�j�. , �, 1 ,yam,.. ' -5' 'I ~+" 4 j 4, rg ' b USE BY SPECIAL REVIEW 4 f �t 4p�:L� of[�� ,�I1 r,.. ,q i.� '� g it 1 ,-, 11'4;12t. • art w1 { r �,"" +', • F k 57' L 4 1 p• 1 , to J +•-I ; ' :, y 'r,x M../ . :i '1, .`� ' '4 , , 4' t ''- i SOILS INFORMATION t h� y� ik ` ar �f' aF,til i W2 NW1/4, 18 — 6 — 67 1. • �' { ..A McRAE & SHORT, INC. #86273 - W r , , 04"56'45- _. .. _ _ - R.67 W. 910112 -,-A 47—Otero sandy loam, 3 to 9 percent slopes. This deep, well drained soil is on moderately dissected to highly dissected plains and tans. It formed In calcareous loamy alluvium and colluvium. Typically, the surface layer Is brown sandy loam 5 inches thick. The underlying material to a depth of 60 Inches or more Is sandy loam. The soil is calcareous throughout. ' Included In this unit are small areas of Stoneham tine sandy loam, soils that have a gravelly surface layer or gravelly underlying material, Kim and Mitchell soils, Bushman tine sandy loam, and soils that have slopes of less than 3 percent. Included areas make up about 20 percent of the total acreage. Permeability of this Otero soil is moderately rapid. Available water capacity Is moderate. Effective rooting depth is 60 Inches or more. Runoff Is medium, and the hazard of water erosion is moderate to high. The hazard of soil blowing Is moderate. This unit is used as rangeland. The potential plant community on this unit is mainly blue grams, prairie sandreed, and needleandthread. The average annual production of air-dry vegetation ranges from 700 to 1,800 pounds. If the range Is overgrazed, the proportion of preferred forage plants decreases and the proportion of less preferred forage plants Increases. Therefore, livestock grazing should be managed so that the desired balance of preferred species is maintained In the plant community. Range seeding is suitable if the range Is in poor condition. The plants selected for seeding should meet the seasonal requirements of livestock or wildlife, or both. Other management practices that are suitable for use on this unit are proper range use, deferred grazing, and rotation grazing. If the plant cover Is disturbed, protection from erosion is needed. Loss of the surface layer results in a severe decrease In productivity and in the potential of the soil to produce plants suitable for grazing. This unit is well suited to windbreaks and environmental plantings. It Is limited mainly by the hazard of soil blowing where the surface layer is barren of vegetation. Soil blowing can be reduced by cultivating only In the tree rows and by leaving a strip of vegetation between the rows. Supplemental Irrigation may be needed when planting and during dry periods. This map unit Is In capability subclass Vle, nonirrigated, and in Sandy Plains range site. 870112 63—Tassel loamy tine sand, 5 to 20 percent 65—Terry sandy loam, 3 to 9 percent slopes. This slopes. This shallow, well drained soil is on moderately moderately deep, well drained soil is on moderately dissected to highly dissected plains. It formed In dissected to highly dissected plains. It formed in calcareous loamy residuum derived dominantly from calcareous sandy residuum derived from sandstone. sandstone. Typically, the surface layer is grayish brown sandy Typically, the surface layer is light yellowish brown loam 5 inches thick. The subsoil is sandy loam 12 inches loamy fine sand 7 inches thick. The underlying material thick. The substratum is calcareous loamy sand 15 is fine sandy loam 12 Inches thick. Sandstone is at a inches thick. Sandstone is at a depth of 32 inches. depth of 19 Inches. Depth to sandstone ranges from 10 Depth to sandstone ranges from 20 to 40 inches. to 20 inches. The soil is calcareous throughout. Included in this unit are small areas of Olney fine Included In this unit are small areas of Shingle loam sandy loam, Vona sandy loam, and Tassel loamy fine and noncalcareous soils. Also Included are some areas sand. Also included are small areas of soils that have a of Rock outcrop. subsoil of sandy clay loam and have sandy-shale at a Permeability of this Tassel soil is moderately rapid. depth of 20 to 40 Inches and soils that have slopes of Available water capacity is low. Effective rooting depth is less than 3 percent. Included areas make up about 15 10 to20 Inches. Runoff is medium, and the hazard of percent of the total acreage. water erosion Is moderate to very high. The hazard of soil blowing Is moderate. Permeability of this Terry soil is moderately rapid. This unit Is used as rangeland. Available water capacity is moderate. Effective rooting The potential plant community on this unit is mainly depth Is 20 to 40 inches. Runoff is slow, and the hazard blue grama, sideoats grama, little bluestem, and of water erosion is moderate to high. The hazard of soil threadleaf sedge. The average annual production of air- blowing is moderate. dry vegetation ranges from 400 to 1,000 pounds. This unit is used as rangeland. If the range Is overgrazed, the proportion of preferred The potential plant community on this unit is mainly forage plants decreases and the proportion of less blue grama, sand dropseed, prairie sandreed, and preferred forage plants increases. Therefore, livestock needleandthread. The average annual production of air- grazing should be managed so that the desired balance dry vegetation ranges from 700 to 1,800 pounds. of preferred species Is maintained In the plant If the range is overgrazed, the proportion of preferred community. forage plants decreases and the proportion of less Management practic-es that are suitable for use on this preferred forage plants Increases. Therefore, livestock unit are proper range use, deferred grazing, and rotation grazing should be managed so that the desired balance grazing. If the plant cover is disturbed, protection from of preferred species is maintained in the plant erosion is needed. Loss of the surface layer results in a community. severe decrease in productivity and In the potential of Range seeding is suitable if the range is in poor the soil to produce plants suitable for grazing. condition. The-plants selected for seeding should meet This unit is poorly suited to windbreaks and the seasonal requirements of livestock or wildlife, or environmental plantings. The main limitations are shallow both. Other management practices that are suitable for rooting depth, low available water capacity, and use on this unit are proper range use, deferred grazing, steepness of slope. and rotation grazing. If the plant cover is disturbed, This map unit is in capability subclass Vle, protection from erosion is needed. Loss of the surface nonirrigated, and in Sandstone Breaks range site. layer results in a severe decrease in productivity and in the potential of the soil to produce plants suitable for grazing. This unit is well suited to windbreaks and environmental plantings. The main limitations are restricted rooting depth and low available water capacity. Supplemental irrigation may be needed when planting and during dry periods. Summer fallow, cultivation for weed control, and selection of adapted plants are needed to insure establishment and survival of seedlings. This map unit is In capability subclass Vle, nonirrigated, and in Sandy Plains range site. 870112 1/28/87 COPY OF NOTICE MAILED FIRST CLASS TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. O. BOX 758 GREELEY, COLORADO 80632 JERRY McRAE McRAE & SHORT, INC. 1231 8TH AVENUE GREELEY, CO 80631 870112 •SENDER:Cann "items I .,,d 2YnfiNr� " - i t_4 i . . 'P. �' aD cr m z > co STEVE & BRENDA JONES c ` in a 3812 SODERBURG DRIVE CI ¢ q 0 3'{ FORT COLLINS, CO 80526 I u xw H i M1 W I:4H `sr ": +'ItF 7 yk�""4 4.+v..KIM_.,a 4's m*� 7, ii I wV] U .a D"` .°.deer A �.7 "; "' x $ .L t,. t d :7.7.:" "r `a1•v ' /..,,(1",,„?' , , �,A s +r° '''''",',f,,, y '�Y CO W ,1, g x8 • „# s"a' a _�.l • ir i 7,4:1-1, vs s r', En en IA!#ifilkifige IL' S- Y '11ititifilt4 � 44 Put Watt e�[YMlfip .: f" .w , f%� ��1 , '' "Y .' s '` " ` "` MIKE & PAULA GEBO o ,1 817 REDWOOD COURT i-a o H ,:s. BELLVUE, CO 80512 I . a w Ln e+xs s n4 , wrwn.w aa';� x r - r `n 0 Co .w""Y`55 I 6 O S. —AddilN a ...an-:0-m-4'et CI i ,' f ax ".' a ? 3 tiar ca 14 Cessi ,q H H w Z07 W t t.• ' .ydd4 ' fMM bSStM+rt4 1"S' d xi wds l'no'^ uwmary, ,-'s His es 1swslaa x,' 'FFey .- a ' y e v^ Hi *i.Fz�.11mTaiitth%k ,q § r 0 ORVILLE C. & VIRGIL HAWKINS I p - 4 LIVERMORE, CO 80536 Ha en iz C7 O C4 0oHR H —) @, ' r '§Sari .,2§x'5 ". '-' co ..a v > Manaus*—Ammo* < d z 'v5 a%C' 4sr, d w `°z y .x., c s 4i Sr f".5, -'i ,c.yr s4.N St'14, 5 :1 g XillrH W q n • y :3 Wit^ - r'a s.. cf fe 0 .a S su$ fl' ' 44,,..'‘;2*-,,:, R �!w{ �PoewtyEtli iii6 'zi4� � - 8701.12 Ill PriNDIR:cempNN itwrlt 1, ` i111 p9N Mrv$s - Itlnn 3.s�. }� s- TWA ; .,, fief ,40‘,:7,y . yers ,4.'Mar 1q,;PFat.., "°km,.4ts,+. ia�t,5 ia'%i '' r -`^tet e� a LI:'. t ,� i ae .a§wdik M71p(' f ' ' , rP'r'.4pRM10-AtW W '4A i,Y9i11dA' 6 1 en Q N ' a 4 RICHARD CHADWELL NOLAND ` ti o JAYMIE JO NOLANDiii �r -f �' S 2 W 00 ' 46050 WELD COUNTY ROAD 13 ., a-'mw 5. ' o a q H FORT COLLINS, CO 80524 " = aZ z O a q a o # t/7 3 it 7A rt i 1O Hi O O mis +rt �»+v, n ( K , h ..t O EL, - . t ;I t, , "A ` ro a7 SS � m S z o GEORGE & DOROTHY DUNN o i 1 <, 1501GRANDA �� q mco ALAMAGORDO, NM 88310 �r r / z z �r�n �` d Q q i ,e 'f'A , .. ,+',r ,.. o O ° ,3 ,x O O ssumiliac� tiss a J, '- a--4 _,F� ( tip` �„ tip fi.. ,_... Ss i .$r 1 1 y , r ? ' .b lttsititypccieSsihi' "Pt ,t f 3dy' tIP i'u` � Ili c m_ dsa4+'. ,�&�,y�7 NtbtiW r't4fiVA wp .; ° ' t 5 f,. ,',�"' s t s i z i i, n DALE W. VERSTRAETEN H °° a PO BOX 882 +IMnt c g ESTES PARK, CO 80517 Yy�t o vsiad 41 tSO4D. x "r,3 ri F V '" — to > co o z i w ,,, '.Slgmwrs— I a r, , - -r o vi cr.] F4 F IpWK— rrrt q' Nv - FO W W ✓.. dy Jt d,amkdQl7;IreL.:k , " a' 11�GEIPT ii H o- ''� xco NlFl�il lql� sitl'dg4fM �, '` x Y E3shawt toil*, I!'w'�,.. Ii}IlNs lldral ° 'U f t9. }rcili�id3L` rd '!A ti .or h'`k .a t. rw o ° l NEAR MOUNTAIN FARM PARTNERS r - � mv, "� ,, C/0 AL PARKER * T , 419 CANYON #222 't" x � ,s w N o FORT COLLINS, CO 80521M »` D z o N e w"-H W co a d x z 'Ys �. st�' ♦ se $ r` z w o a I�iprrs—Addresses 7' a o o i Ix H . ' r ¢� ornx > i '1,14 G 4' , 4 s .. PS Pewit Oily r.19.16 ,r,. 870112 Hello