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Home My WebLink About860310.tiff RESOLUTION RE: DENIAL OF USE BY SPECIAL REVIEW FOR EXPANSION OF AN EXISTING POULTRY OPERATION - FRANK CURTIS 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 31st day of March, 1986 , at the hour of 9 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Frank Curtis , 948 Weld County Road 7 , Erie, Colorado 80516 , for a Use by Special Review for expansion of an existing poultry operation on the following described real estate, to-wit: Lot 1 , Block 1 , Ranch Eggs Subdivision , Second Filing, Weld County, Colorado 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 c₹ the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be denied for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicant has not shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows: t . The proposal is not consistent with the intent of the district in which the use is located. b. Due to the applicant' s failure to include the entire facility in the Use by Special Review, the uses which would be permitted will not be compatible with the existing surrounding land uses. c. The uses which would be permitted would not improve the situation by being compatible with future development of the -surrounding areas as permitted by existing zoning. p/ oo ^f 7i /� ' =: 860310 Page 2 32E: DENY USR - CURTIS d. -The Use by Special Review Development Standards , as amended, will not provide adequate protection of the health, safety and welfare of the neighborhood and County and will not mitigate the impact of this project. 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 expansion of an existing poultry operation on the hereinabove described parcel of land be , and thereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of March, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: , ( ,,F f ' WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board �.:cqu ine J , Chairman DthadCQ/m,f1 EXCUSED V $Y° � Go on E. Lacy, Pro-Tem Deputy County Clerk APPROVED AS TO FORM: Gene R. B 1ntgics EXCUSED DATE OF SIGNING - AYE C.W. Kirby ounty Atto ey ` Frank Yamag 8_60310 HEARING -CERTIFICATION DOCKET NO. 86-11 RE: USE BY SPECIAL REVIEW FOR EXPANSION OF -AN EXISTING POULTRY OPERATION - FRANK CURTIS A public hearing was conducted on March 31, 1986, at 9:00 A.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem - Excused Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assist-ant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche Health Department representative, Wes Potter Shorthand reporter, Valerie Antuna The _following business was transacted: I hereby certify that pursuant to a notice dated January 29, 1986, and duly published February 20, 1986, In the Johnstown Breeze, a public hearing wan conducted to consider the application of Frank Curtis for a Use by Special Review for expansion of an existing poultry operation. Lee Morrison, Assistant County Attorney, made this -matter of record, and stated that this hearing was _continued from March 5, 1986, with certain issues to be reviewed today. Chairman Johnson reminded those present that testimony is to be limited to -only those issues under consideration at this hearing. Debbie de Besche, Planning Department representative, distributed -additional information received from the Health Department. Thomas Hellerich, attorney representing the applicant, stated that Mr. Curtis wishes to withdraw _Phase 3 from the application. He also stated that Mr. Curtis does not wish to include his existing operation in the Use by Special Review, -only the proposed expansion. Discussion was held regarding the amount of manure which would be created by the expansion. This manure will be hauled off weekly, and not composted as Is done with the -manure from the existing operation. Richard Sheetz, a -neighbor, came forward to request that this matter be continued two weeks to allow those in opposition an opportunity to review the additional Information which the applicant filed recently _with the Planning Department. Mr. iiellerich objected to this request and stated that Mr. Curtis has agreed not to use an aerosol vaccine, which was an issue at the earlier hearing. It was the concensus of the Board that this hearing should to concluded today. No further public testimony was offered. (Tape Change #86-22) After further discussion, Chairman Johnson reviewed the changes to the Development Standards which had -been discussed. Commissioner Brantner moved to amend the Development Standards as discussed. The motion, seconded by Commissioner Kirby, carried unanimously. Commissioner Brantner moved to deny the Use by Special Review, stating that this does not meet the Use by Special Review standards. The motion -was seconded by Commissioner Yamaguchi. After comments _from the other Commissioners, the -motion to deny the Use by Special -Review carried unanimously. Page 2 RE: USR — CURTIS This Certification was approved on the 2nd day of April, 1986. APPROVED: r. BOARD OF COUNTY COMMISSIONERS ATTEST: 2 /2„s,�,:-�-4a(Ati ,(ffn,/ WELD COUNTY, COLORADO Weld County Clerk and Recorder es-Ce and Clerk to the Board Ja quel e John .n, Chairman BY: aNN.Ct eidanithal EXCUSED Deputy County Clerk G oa dor E. Lacy, Pro-Tem Niadtw R. B an e tner EXCUSED DATE OF SIGNING C.W. K rby �jJ nk"Ya"maece '/` TAPE #86-21 & #86-22 DOCKET #86-11 PL0021 860309 • ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS: MARCH 31, 1986 DOCKET # 86-11 - USR, FRANK CURTIS DOCKET # , DOCKET # PLEASE write or print legibly your name, address and the DOC -4 (as Listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 4 (1� r 0,t1 I A dam. .74, -5c, /�'7%Z,2.: 04. f 4 /1 J',. -Cj // •r 1 I / : 4 '). 611./C216;C ie,6 / _-,(_'//11-__ , t ,($ � f (c�'i _<'1 2_ I/"-/ 1A c lr t, ii (41, 4 I r i ' &° ,) Rt(l walk �=R ;c- E e.v , r r -?:^ovv-vi? e.2,47 ./--- / &h,,-, C-; ,3 O A/kt; . t ( ( LN_,...,,,_ / , • {�_ �.' T mEmoRAnDum CTo Planning Department Date March 28, 1986 COLORADO From Wes Potter, Health Protection Services Aj o (-4Ci Q sin{eat: USR - 719:85:66 The additional data submitted by the applicant regarding the composting equipment is somewhat incomplete and vague. However, I will make the following comments. 1. The applicant will be required to apply for and obtain from the Air Pollution Control Division, Colorado Department of Health, the appropriate emissions permit. This permit will will probably require an air scrubber, bag house and/or other emissions control equipment. 2. The applicant should provide a technical drawing of the equipment and a summary of its operation with the USR Plat so that the staff can ascertain compliance inside of the manure building. 3. The applicant shall provide a confirmation of the vaccination program submitted by some other authority (Colorado State University or other expert) . tip Di);;y.1E, V ti i,',1111 2,3 1980 Weld Co. Planning Commission IxH�6/t 3, AMENDED DEVELOPMENT STANDARDS FRANK CURTIS USR-i79.85.. 3 "719:8566 Based upon the application materials, testimony to date, and the additional information provided by the applicant. The Department of Planning Services staff recommends the following amendments and additions to USR-719:85:66 Amend Development Standard #1 to read: The Use by Special Review permit is for expansion of an existing poultry operation as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon, except Phase III pertaining to the post frame building for storage of manure which shall be excluded from this Use by Special Review permit. Change Development Standard #12 to read: All manure associated with the Use by Special Review permit activity shall be placed in an enclosed sir tight facility and removed weekly from the property to an approved disposal site. Delete: B and C of Development Standard #3 Add Development Standard #13 Prior to expansion the applicant shall provide a confirmation of the vaccination program submitted by some other authority (Colorado State University or other expert) to the Weld County Health Department for review and approval. Evidence of approval shall be delivered to the Department of Planning Services. al Ext., JD(E1LL 'I MAR 9986 i/ Board of County Commissioners March 27 1 ---✓La CT?,A DO Debbie deBesche, Current Planner Frank Curtis USR-719:85:66 located in Lot 1, Block 1, Ranch Eggs Subdivision ad-Filin Attached is additional information for your review, submitted by Mr. Curtis regarding his proposed expansion. Mr. Wes Potter has also received a copy. The Planning Staff will work with Wes to prepare additional Development Standards as applicable for the March 31 hearing. If you have any question or comments, please let me know. Xn/B/7 ,-J. t:^ -':.y . RE ; USR-719 ;85: 6, MARCH 26, 1986 AT THE PRESENT TINE LIE ARE COMPOSTING THE CHICKEN MANURE OUTS I DE.. EOLI I F'MENT USED I S A FRONT END: LOADER TO TURN AND MIX THE MANURE DA I LY OR AS FREQUENTLY AS POSSIBLE . AVAILABLE TIME AND WEATHER CONDITIONS DETERMINES FREQUENC:`:' OF TURNING (MI >::ING? AND HOW LONG THE COMPLETE BR'EAF:: DOWN TAKES. IT IS OUR INTENTION TO CONTINUE COMPOSTING INSIDE THE PROPOSED BUILDING BUT THE MANURE WILL BE PUT INTO EITHER A • • TUMBLER. OR MIXER THAT WILL REPLACE THE FRONT END LOADER . WITH A CONTROLED ENVIRONMENT THE COMPOST PROCESS .1JI LL BE SPEEDED UP .CONS I DERABL`( . AFTER THE HEATING CYCLE IS :.`' ,• • COMPLEATED IT WILL ' BE DRIED EITHER ON BELTS OR IN A TUMBLER WITH ABOUT 5,000 CUBIC FEET OF AIR PER MINUTE (CFM) THAT IS yrt'S' :ti :''.• . ;:NOW EXASTED FROM THE CHICKEN' HOUSE PASSING OVER. THE •COMPOST. THEN THIS, AIR WILL BE EXHAUSTED OUTSIDE. • THE COMPOST WILL ZE CONTAINERIZED FOR STORAGE AND REMOVAL. TO HELP YOU UNDERSTAND WE NOW EXHAUST FROM 1/2 TO 6 CFM OF ;:> . AIR FROM THE CHICKEN HOUSE FOR EACH CHICKEN PER MINUTE, OUTSIDE TEMPERATURE NORMALLY DETERMINES THE AMOUNT . THIS IS FF,'Gr"1 5, 000 TO 132 ,000 CF WITH_ UP TQ FANS USED ONE 000 CFM FAN WILL BE DIRE�C:TED '�i1'HROOUGH THE TUMBLED r T AtL• THEN OUTSIDE. THE EXHAUST FROM THE TUMBLER WILL BE; :: •;:`. • : '15'5 FEET TO THE NEAR'EST POINT • OF OUR SOUTH POPERT`( LINE ' ••• 240 FEET TO OUR PROPERTY ` LINE NEAREST: MENG RESIDENT (EAST) . ; 'ti . 330 FEET TO OUR PROPERTY'LINE NEAREST THE SHEETZ RESIDENT • ;. <SOUTHWEST) . THIS SHOULD ,NOT HAVE AN`( MORE ODER THAN THE PRE SENT EXHAUST FAN BUT WILL HAVE A HIGHER MOI STURE CONTENT SO THIS SHOULD NOT S PRESENT ,ANY HAZARD TO EITHER RESIDENTS.`� .. I DEt 1Ta. �� '.Y •,. NORMALLY THE AIR FROM EXHAUST FANS IS DISAPATED WITHIN THE": • FIRST 50 FEET. "� ,• ' `: ',; • THE ABOVE INFORMATION SHOULD DEVELOPMENT STANDARDS MEET YOUR GE ELOPMEtJT 3B. PLEASE UNDERSTAND THAT I AM WILLING TO COOPERATE 4,. .;.s•: ; WHENEVER ,FOSSIBiLE TO HELP IMPROVE OUR ENVIRONMENT. WE WILL. �':.. . ., DO ' OUR BEST TO MEET DEVELOPMENT STANDARD 12 BUT DUE TO :THE ' DELAY IN APPROVAL ADDITIONAL TIME MAY BE REQUIRED. TO CLARIFY OUR ORIGINAL USR APPLICATION IT WAS MY INTENT TO w HAVE IT APPLY ONLY TO THE FOUR PHASES LISTED IN THE ": .. • - APPLICATION LETTER. . FRANK CURTIS rd Virg \\ • • MAa271986 • WOO We1�Co.p1aM�� ' 4lj?' a 7092 Elm, Box 31 Niwot, Co. 80544 March 20, 1986 Mr. Frank Curtis 984 Weld County Road #7 Erie, Colorado 80516 Dear Frank, As you probably know, I have been actively involved in poultry facilities planning, construction and installation for the past 15 years and have managed and/or operated egg production and pullet growing fac- ilities over the last 6 years. Part of my current business includes being the management and operations consultant for Kewaskum Egg Farm at Kewaskum, Wisconsin. At the Kewaskum facilities, we have 160,000 laying hens, 90,000 pullets and a feed mill. The chickens are housed in 5 buildings containing about 22,500 square feet each and with the feed mill and an egg packing/cooler building occupy approximately 10 acres. One layer building containing 78,000 layers and one pullet barn containing 30,000 birds are within 100 feet of each other. There are no physical barriers between the buildings, however, we do excercise extreme care in the movement of our personnel and strictly abide by the rule of moving from the younger birds to the older birds. We do not use any spray vaccination in our grower program. The vaccination program that I will outline later has been used on this farm for about 10 years with excellent results. The program was devel— oped and implemented by the hatchery,Northern Pullets of Beaver Dam, Wisconsin and monitored on a regular basis by DeKalb Poutry Research Department of Veterinary Services. The following is the program we use at Kewaskum and one that would serve very well through the closed drinking system in your proposed operation: I. Chicks (at the hatchery) A. Age: one day old 1. Mareks Vaccination - "HUT" (turkey) and "SB" (chicken) combined and given subcutaneously. II. Pullets (at the farm) A. Age: 14 days and 21 days 1. IBD (Gumboro) - we are using an intermediate strain, AGRI-BIO's product called BioBurs II, and administered in the water through a propor- tioner. 1) 1986 L' SMp SOB SPECI gLISTS RI-g_ IED-I \ ,\E5T 7092 Elm, Box 31 Niwot, Co.80544 B. Age: 14 days and 35 days 1. Newcastle Brochitis — we use ASL Products' TWINVAX ( B., Mass. , Conn.) Newcastle Brochitis combination administered in the water through a proportioner. C. Age: 9 weeks and 14 weeks 1. Newcastle Bronchitis — ASL's LASSOVAX (Lasota, Holland) Newcastle Bronchitis combination admin- istered in the water through a proportioner. D. Age: 12 weeks 1. Epidemic Tremors (A.E.) We use Salisbury or Ceva products and administer in the water through a proportioner. E. Age: 18 to 20 weeks (at moving time) 1. Fowl Pox - we use ASL's Fowl Pox product and it would be administered by pricking the wing web. 2. Laryngotracheitis (L. T.) We would use ALS's IVAX and administer by "eye drop". Recently we have started using Intervet's NuBron "killed" vaccine for Newcastle Bronchitis. This vaccine is administered in the breast muscle by injection at the time the birds are moved to the layer house. This vaccination it supposed to provide a one time vaccination for New- castle Bronchitis in the layers with no addition boosting necessary. Some of the vaccine producers have indicated that they are considering a recommendation that one or two of the earlier Newcastle Bronchitis vaccinations may not be needed if the "Killed" is used. Finally, if we do not used the "Killed" vaccine for Newcastle Bronchitis, we administer a booster to the layers about every ten weeks, again administered in the water. We do not see any adverse effect on the production with this program. In fact, two of the layer flocks currently in production are both above target with #1 flock 16eggs per hen above target at 80 weeks of age and #2 flock being 4.5 eggs per hen above target at 39 weeks. I would recommend a program of this kind for your proposed operation because it's effectiveness, ease, and safety have been demonstrated. I will be glad to help you with specifics of mixing and procedures for the most effective ways to meter the mixtures into the drinker. Sincerely, ce D. Richard Hicks ( 2ii986 " — EXHI ¢ ' I 4--- __ FEBRUARY 28 , 1986 TO THE COMMISSIONERS OF WELD COUNTY We the undersigned residents of Ranch Egg Sub-division counter the "USE BY SPECIAL REVIEW" application to the weld county commissioners by Curtis Ranch Inc. PHASE 11 FEED MILL We feel another feed mill is not in the best interest of the neighborhood. PHASE 111 STORAGE OF MANURE We feel storing and composting chicken manure within 150 feet of a neighbors ' living quarters is not being neighborly. Curtis Ranch Inc. is the only egg producer composting his manure on an ongoing bases . The odors are unbearable. We believe it to be the catalyst of mismanagement for other egg producers . Housing manure will only conceal the problem. In reference to Mr. Curtis ' statement, "with closed storage we can select a more appropiate time to move the manure to the farmland" -- In several years very little manure was moved from Mr. Curtis ' lot. We do not wish to deny Frank Curtis his right to a living, but not at the expense of his neighbors by destroying the value of their properties and quality of life . SIGNATURES 4t/ AA_L lJt-'„.tipr / " Al/ 7w'WY iL‘u _ i� -a-2-e j1i / ,,- .1't*-/— ----1 7 rie:Aa- ClaiA4e.- ---. ) i) LehiLa_gxY -----e4AH---- 1 , i 76, / v� A,<I' )1 Lam;;2'�-. j/ c..ilk") :A-7? ��-.'� 3VI- "et C __H_s____ --Zli ,,--y-7,--i /1 i l/ -T I',it.) • 'Z. 4.gAtial L 0_c l.L E-. ,/:„:,-:. --, 1 ,1..a . ` PAGE 2 SIGNATURES /�� 00 et,OP Yey) / /� p izEjaz , A44,H4 . 4,a/di:lig `, -14/freitiAJ divitc. lC.cvl ry�i Cc i A (1(i C71- t/ N, /yam/ �"/ //r/�V 'rs�� /-/ � 7 / �// LD/ / (./ 1 . ideffri qty 0 -; ,2 v< 4C Li/VP — 6,7-46K2L 217 I>rlyn ,. Xo O24.4 A_, �: -, ,l -73144.$2_ / Rta *,,./ 4; 9.2.011-&-- 4---)-• Ranrci - En i_j-- ob_I-2. -)N._ d0.--tvfltQJ j . " U l‘aarnitta W)eititedatitei 4 . 4 L-- .4cv .1_,:yrs.,,,ta,,,,_ L.A.):,,t ri,.„,,,4 1,-0_ ...a' 4 aze___,....„ uic s � ,a- _... i.,-,. .o , rr�- -±�� --- r'''a 19 S (A) Yr) o.-Yu.,co'. )32i,24.1*--- NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the 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 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 ZKNOWN 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. 86-i1 Frank Curtis 984 Weld County Road 7 Erie, Colorado 80516 DATE: March 5, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Expansion of an existing poultry operation LEGAL DESCRIPTION: Lot 1, Block 1, Ranch Eggs Subdivision, Second Filing, Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK -TO THE BOARD BY: Mary Reiff, Deputy DATED: January 29, 1986 PUBLISHED: February 20, 1986, in the Johnstown Breeze , Biel NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the 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 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. 86-11 Frank Curtis 984 Weld County Road 7 Erie, Colorado 80516 DATE: March 5, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Expansion of an existing poultry operation LEGAL DESCRIPTION: Lot 1, Block 1, Ranch Eggs Subdivision, Second Filing, Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO TF.E BOARD BY: Mary Reiff, Deputy DATED: January 29, 1986 PUBLISHED: February 20, 1986, in the Johnstown Breeze AP- I ell �6 6soao Summary of the Weld County Planning Commission Meeting January 21, 1986 Page 2 CASE NUMBER: Amended USR-589:85:62 APPLICANT: Vessels Oil and Gas Company REQUEST: Amend a Use by Special Review permit to allow expansion of a gas processing plant LEGAL DESCRIPTION: Part of the SE} , Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles southwest of Wattenberg; west of Weld County Road 19 and south of Weld County Road 6 Gloria Dunn announced the staff is asking this case be continued until the next regularly scheduled meeting of the Planning Commission to be held on February 4, 1986, in order for the applicant to comply with the sign posting regulations of the Weld County Zoning Ordinance. APPEARANCE: Erick Seelinger, Vessels Oil and Gas Company, stated they agree to the continuance of this request. The Chairman asked if there was anyone in the audience that had come specifically to hear this case presented. There was no one. MOTION: Doug Graff moved Case Number Amended USR-589:85:62 for Vessels Oil and Gas Company to amend a Use by Special Review permit to allow expansion of a gas processing plant be continued until the next regularly scheduled meeting of the Weld County Planning Commission on Feburay 4, 1986, at 1:30 p.m. in the Board of County Commissioner' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. There was none. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - yes; Doug Graff - yes; Ann Garrison - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-719:85:66 JAPPLICANT: Frank Curtis REQUEST: A Use by Special Review permit to allow expansion of an existing poultry operation LEGAL DESCRIPTION: Lot 1, Block 1 , Ranch Eggs Subdivision, Second Filing LOCATION: Approximately 2.5 miles east of Erie; west of Interstate Highway 25 and south of Weld County Road 4 /Fii7 e Summary of the Weld County Planning Commission Meeting January 21 , 1986 Page 3 APPEARANCE: Richard Hicks represented Frank Curtis. He stated they would like to do a four phase improvement program. Phase One of this program, the egg processing room is done, Phase Two is the installation of a small feed mill and a building approximately twelve by fifteen feet to house the equipment. The mill will be low profile because there will be no elevator legs. Phase Three will be construction of a building to compost the chicken manure. This was suggested by the Weld County Health Department to prevent the manure from drawing flies, etc. Phase Four will be a pullet growing facility for six thousand birds. The pullets will be delivered when they are one day old and replacement stock will be raised on the property. There will be no expansion for the number of birds other than the pullets. The Chairman called for discussion from the members of the audience. Richard Sheetz, property owner directly south of the applicant, spoke against this request. He stated Ranch Eggs Subdivision has fifty-four lots, twenty-two lots have active egg production facilities. Eight other egg production facilities are either permanently or temporarily closed. There are fifty-four families in the area and the chicken population has risen from one hundred forty thousand to four hundred and sixty thousand in the past several years. There are already two small feed mills in the area, they are dusty, dirty, noisy, and attract rodents. The smell of chicken manure compost piles is terrible. He does not feel this proposal would benefit the community. A letter from Frank and Emma Hepp, surrounding property owners, was presented. They were opposed to this request. The pictures included with their letter were retained as evidence. Tape 229 - Side 1 Maria Meng, surrounding property just east of the Curtis property, stated she is against this request because of the smell. The manure compost pile is very close to her property line. She has lived on this property for about twenty years. There are no covenants that were recorded. The agreements regarding the subdivision were only verbal. The smell is so bad she cannot even dry clothes on her line. She distributed pictures of the applicant's property and a towel dried on her clothes line to members of the Planning Commission. These were retained for evidence. Wes Potter, Director, Health Protection Services, Weld County Health Departmetn. The Health Department has received many complaints regarding odor, etc. , since the subdivision was started. He explained what the Health Department could and could not do. They are currently doing routine monthly Summary of the Weld County Planning Commission Meeting January 21 , 1986 Page 4 checks at random within the subdivision. He recommends manure be removed from the property daily, but this is not always possible. They have had no complaints on any of the properties that are operating under a Use by Special Review permit. NOTICE: 2:30 p.m. - Don Johnson is again seated and participating actively in the meeting. Gloria read a letter from Mr. and Mrs. Adolph W. Furrer in opposition to this request. A petition signed by seven people who live in the area was distributed to the members of the Planning Commission. William Muller, Secretary, North Huron Water Company, reported the Board has denied Mr. Curtis' request for additional water. Right now they are working to obtain more water because there is a shortage in the subdivision. Bob Fortner, surrounding property owner, stated he just moved into the area about a month ago. Spoke against this request. Tape 229 - Side 2 Randy Tappen, Ranch Eggs property owner, stated he is against this proposal. He is also on the North Huron Water Board and the water supply is so low they may have to haul water in. Dorothy Shammy, Ranch Eggs property owner, is against this request. They have lived in the subdivision for twenty years and the original plan was to limit each lot to six thousand chickens. It was also her feeling the water supply for the subdivision, which is a well, is contaminated by methane gas from the chicken manure. Lee Morrison explained covenants need to be in place to bind the owners. A better alternative to this problem may be rezoning. Wes Potter reported the well that supplies the subdivision with water is about eight hundred feet deep and is in the Laramie-Fox-Hills formation. Wells in this formation often have methane gas. This does not come from topical contaminants. Surface run-off water may be a potential contaminant. Pauline Sheetz, surrounding property owner, stated she is very opposed to this request. There were covenants that went with this subdivision, but they were never filed. There are chicken feathers everywhere and dead chickens and old eggs are put into the manure compost piles. FJEO310 Summary of the Weld County Planning Commission Meeting January 21, 1986 Page 5 Richard Sheetz asked to review the petition with seven signatures approving of this request. He stated most of those signing the petition do live in the area, but they are also employees of Mr. Curtis. Richard Hicks stated the proposed mill's capacity will only be one to two tons of feed per hour and will only need to be run one to three hours per day. On November 17, 1984, a letter was sent from the Weld County Health Department suggesting an enclosed building for the manure composting. Mr. Curtis has a water storage tank and does not pump water except in off times. Frank Curtis, property owner and applicant, stated he was not aware he had been refused additional water by the water board. The pullet operation will not go into effect for another two years, but they could have water hauled into the storage tanks for this operation. The chicken manure will be dried naturally and will not be heated to be dried. Tape 230 — Side 1 The Chairman asked Gloria Dunn to read the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff into the record. Gloria Dunn added a new Condition #3 to read as follows: 3. "Prior to the development of Phase Four (IV) of the poultry operation, the applicant shall provide evidence of a supplementary water source adequate to serve the pullet operation." Gloria Dunn amended Development Standard 3. C. to read as follows: C. "All manure stored on the property shall be enclosed inside the proposed post frame building. Proper manure handling and disposal practices shall be followed at all times. No permanent disposal of manure shall be permitted on the site." Gloria Dunn amended the Development Standards to contain 10 and 11 as follows: 10. "Feed produced on the property shall not be sold commercially." 11. "Dead chickens and old eggs shall be contained in an enclosed facility until disposed of properly." ' .;%/31.0 Summary of the Weld County Planning Commission Meeting January 21, 1986 Page 6 MOTION: Ann Garrison moved Case Number USR-719:85:66 for Frank Curtis for a Use by Special Review permit to allow expansion of an existing poultry operation 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 and amended by the Department of Planning Services staff. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. Doug Graff felt there is no kind of a time table in the Development Standards . He can see this expanding and maybe the manure storage shed is never put in or Phase Three being skipped over all together. Lee Morrison stated it was alright to set a date as long as the applicant was asked if he would agree to it. Doug Graff asked the applicant if he had any objections and if he would feel comfortable if a statement saying Phase Three must be completed by December 31, 1986? Mr. Curtis stated he had no objections to this date being included in the Development Standards. AMENDMENT: Doug Graff moved a Development Standard Number 12 be added to read as follows: 12. "Phase Three (III) shall be completed no later than December 31, 1986." Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Summary of the Weld County Planning Commission Meeting January 21, 1986 Page 7 The chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - Yes. She is extremely sympathetic with the neighbors concerns, but she feels the Use by Special Review permit will give us greater control and will give the Planning staff and the health department the means (in the future) to go and look at the operation since standards have now been defined that must be abided by. Doug Graff - Yes. Obviously there is a lot of emotion from a number of the residents who reside in this area, and he sees a number of residents who would probably like to see the whole development changed to some type of residential development while, in fact, the subdivision is agriculturally zoned. Hopefully, they will be able to get together and some how monitor their own area. He would also make a recommendation to the Planning staff and the Planning Commission that sometime the Planning Commission, as a body, tour the area. He would like to become more familiar with it and see for himself what is going on out there. Don Johnson - Abstain, because he missed about fifty percent of the testimony. Ann Garrison - yes, and she does realize the potential losses of the residents to property, etc. , but the County cannot change what is going on there. Also, she like Lynn Brown, --./ feels this at least Lives us a start in controlling future problems. She also hopes the residents will get together and through cooperation come up with a plan to help themselves. Preventing future problems is more effective than correcting problems after they are already in existence. Paulette Weaver - While she thinks what Mr. Curtis is proposing is an improvement in the area, she is voting no. She does not like the kinds of outbursts from the people of the area, but she is voting no because the addition of the feed mill and the manure storage will be a benefit to the area, but at this point the addition of six thousand pullets is not in the best interests of the neighborhood. Jack Holman - Yes, and without repeating everything that has been said, he agrees with what has already been said by those who voted for approval. Motion carried with four voting for the motion; one voting against the motion, and one abstaining. The Chairman called a recess at 3:50 p.m. The Chairman called the meeting to order at 4:05 p.m. CASE NUMBER: Amended USR-626:85:63 APPLICANT: Dearal W. and Mary Lou Beddo REQUEST: Amend a Use by Special Review permit to include an oil and gas support operation LEGAL DESCRIPTION: Part of the Si , Section 24, and part of the Ni , Section 25, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .25 mile west of Platteville; south of State Highway 66 and west of U. S. Highway 85 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 iJ.'k dolVed< by-theWeld County Planning Commission that the application for r^'4 -:+ F J t� CASE NUMBER: USR-719:85:66 Ir �JAN241g$g NAME: Frank Curtis //."/D r� ADDRESS: 984 Weld County Road 7, Erie, Colorado 80516 REQUEST: A Use by Special Review permit to allow for expansion of an existing poultry operation. LEGAL DESCRIPTION: Lot 1, Block 1, Ranch Eggs Subdivision, Second Filing. LOCATION: Approximately 2.5 miles east of Erie; west of I-25 and south of Weld County Road 4. 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 intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - The Erie Planning Commission approved this request at their meeting on January 6, 1986. - No overlay districts affect the site; and - 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. x,t/!1 iT Frank Curtis USR-719:85:66 Page 2 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. Prior to the development of Phase Four (IV) of the poultry operation, the applicant shall provide evidence of a supplementary water source adequate to serve the pullet operation. Motion seconded by Lynn Brown. Vote: For Passage Abstain Against Passage Lynn Brown Don Johnson Paulette Weaver Doug Graff Ann Garrison Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on 21st day of January and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 22nd day of January, 1986. Bobbie Good Secretary 66 31+7 DEVELOPMENT STANDARDS Frank Curtis USR-719:85:66 1. The Use by Special Review permit is for expansion of an existing poultry operation as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The maximum number of animal units shall not exceed 140 or a total of 28,000 chickens. 3. The Use by Special Review activity shall comply with all County and State Health standards and regulations in particular the following: A. The applicant and or operator shall insure that no conditions exist which facilitate insect (fly) breeding and harboring. B. Composting procedures shall be such that odors are controlled at all times. C. All manure stored on the property shall be enclosed inside the proposed post frame building. Proper manure handling and disposal practices shall be followed at all times. No permanent disposal of manure shall be permitted on the site. D. Fugitive dust shall be abated and not allowed off the site. 4. All Construction done 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 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. Development Standards Frank Curtis USR-719:85:66 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. 10. Feed produced on the property shall not be sold commercially. 11. Dead chickens and old eggs shall be contained in an enclosed facility until disposed of properly. 12. Phase Three (III) shall be completed no later than December 31, 1986. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number f� \ 5/�k / / 7i � 17 J Sub mitted or Prepared C Prior to Hearing At Hearing 1. Application 40 Pages 2. Application plat(s) / page(s) L/ 3. DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List L/' 6. DPS Mineral Owners Mailing List k''/f 7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary Sheet '/// 10. DPS Field Check 12. ntat clutch,— orTi nits (Skeek) L,/13. ke, Fn /c lt�ep) 14. 1 �o� 11^^ kS oT Si�e. v 6a-t-ee._ (Plenty) 1 ✓ 15. p��l I 11 U 7 s r -Lts j a S 11 1 6. . C.l"- K.JUAAA t,(� /1-l I-80)i'w o asi�im t� 17. 3 �� atito (Fwvu/9 18. -1-6-1,)to ( tl) 19. 20. I hereby certify that the /nitems identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further rtify that these items were forwarded to the Clerk to the Board's office on � 19 (items 11/111/ rent Plar r STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS u4'- DAY OF c�N �i.�� 19 Mr, , SEAL � \ NO ARY PUBLIC 9A Ii ,a,T /7 t '' `,e '.,'i_t' MY COMMISSION EXPIRFS / EXHIBIT INVENTORY CONTROL SHEET Case /L (�/, Exhibit Submitted By Exhibit Description !:24A. T-CLL7J/i�lr7 oZ iL <J�//'..G-P/)7-4l7 .L ^poi xf-ze- r-000E -t B. T -72.6 (j L�C�ocu�c �y_i a-&;}z. 9/40--6/77,77-2g456/<2.7 o�zi C- -02777,7zzextain F. r\).�✓�. (yfit V \./ G. 07 7/ c-j�i� V ' m4, J. 7 iaa2,67 .O /1, " 7A7f.nta'' R. W (1-in/-1 L. � { r �ll M. N. 0. 3161 Johnson Lane Erie, Co. 80516 January 14, 1986 Weld County Department of Planning Services 915 10th Street Greeley, Co. 80631 This is to advise the planning board that I have received your notice on Case No. USR-719:85:86 regarding Frank Curtis, expansion of existing poultry opera- tions . And also that I will unfortunately not be able to attend since my husband had to have a serious operation this week. I do however want my opion regarding this matter read at the hearing. I attended the hearing on the Strubel operation and was assured by the planning commisilon that there would be no manure formations with regard to this operation. Please note phOto labeled "North Side". This type of thing has been around for over a year. The Health Department was made aware of same on several occasions. The photo was taken January 6, 1986. Also I have enclosed photos taken on the same date of the property to my west, and it might be duly noted that it has doubled in size since the picture was taken. The phto to the east of us is a chronic situation with Mr. Zohn. It is difficult to tell but your board may inspect this situation where the manure is running over onto my property. Wes Potter was called several days prior to my taking these pic- tures and he advised he would take care of same. It has not been taken care of as of this date. He did make a point which the board should take under consideration, that the laws are written so that if they take care of it and it is done again a new complaint has to be started. This is why this situation is a mess, a continous thing. These chicken ranchers take advantage of that situation. Should you decide that Frank Curtis or anyone else for that matter be granted an ex- tension then I shall take matters on to a further stage. I have threatened to do this but really don't want to because I do not feel it is good for the county, but if the county has no consideration for myself, the Mengs, etc (non chicken ranchers ) you leave me no alternative. I do not intend to live among chicken manure piles and I am sure wouldn't either. A copy of this letter is also being sent to Dr. Wooley at the Health Department. , -S,ncerely, l LI? 1 &?I .n� y -�lI Mrs. Ado W. Furrer CC: Dr. Wooley r l ' i' job '� j I— Weld to. Planning. Gmmimti' We, the undersigned, have discussed the Use by Special Review proposal and application being submitted to Weld County by Curtis Ranch Inc. with Mr. Frank Curtis and find we have no objections to the proposal . Name Address Date < < LE do �4d n7 /v i5 C 1%. )tip r i w �. / 2�/KY ' ; JoJ//ori//v e>L /2 ca ;3, _ _�- -' /''a / 7/(/l///i1r,,(7 /*/ /'( r / /y- 3/ i Lt.t- Ifr t ✓oz S/-dam x,11 >.z c r/_ (c`I, / :' W c,t i"�/ ��/ 3 /l �:e%' l- y / - y- �Yw Department of Planning Services Weld County Colorado 915 10th Street Greeley, Colorado 80631 ATTN -RE: Application for Use by Special Review for additions to the existing egg production facilities of a feed mill , covered manure storage area, extension of the processing room for storage of packaging materials, and a pullet replacement facility on property described as Lot 1 , Block 1 , Ranch Eggs Subdivision. Dear: The following is a description of the proposed phased construction, operation , and use on the above described property and the necessity for that operation and use. Phase I was the addition of storage area to the processing room to provide storage space for materials used in packaging eggs for distribution to customers. This addition is 24 feet by 28 feet (672 square feet) and was completed in 1984. Phase II is the construction and installation of a feed mill to grind and mix the feed for the 22,000 laying hens housed on the farm. The reason we need the feed mill is to have better control over the quality and cost of our feed program. -Phase III is the construction of a post-frame building for the storage of the manure produced by the chickens. This will enable us to better control flies and odors by protection of the manure from moisture and light. It will also provide screening of unsightly open storage from close neighbors. With the closed storage, we can select a more appropriate time to move the manure to the farmland. Phase IV is the construction of a building in which to grow replacement pullets for our laying operation. The growing operation would be the housing of approximately 6,000 baby chicks and raising them to about 20 weeks of age. At that age, they would replace about 25% of the layers in the existing laying barn. This operation would require a structure approximately 22 feet wide by 100 feet long and 12 feet high (2200 square feet) to house the equipment. The properties surrounding the described property are zoned for agricultural use and are being used for farming or poultry operations with the exception of the property directly east. The described property is bounded on the north by Weld County Road # 4 and on the west by Weld County Road # 7. The nearest residences to the proposed uses are: east - 225 feet, south - 115 feet, west - 285 feet, north - 700 feet. The operation is basically a family operation with the Curtis family being the only users of the facilities and the family providing most of the labor with one or tNo part-time helpers in the egg room. There will be only daylight operations except an occasional unloading of a grain truck in the Page 2 evening. The grinding and mixing of the feed will take about one hour per day and will be done during the day. The water source for the facilities is the North Huron Water Company. The current facilities include on site storage of 17,000 gallons which is filled during Dff-peak hours of the Water Company. The total use presently for all operations including the family home is about 1 ,800 gallons per day. With the completion of Phase IV the usage will increase about 180 gallons per day. Access for heavy vehicles will be 1-25 to Colorado Hwy. #7 to Weld County Road #7 to Weld County Road #4 and then essentially to where the present driveways are located at the east and west ends of the property. Four deliveries of finished feed of 12 tons each will be replaced by one tractor-trailer load of ingredients per week. No additional sewage facilities are necessary in this proposal. The present site is graded and shaped for proper drainge, so no change in the dr-ainage plan will be necessary for the proposed facilities. Multi-purpose dry chemical fire extinguishes will be installed in the feed mill . Other parts of this proposal have very low fire fuel loads and will need only good maintenance practices. Very little additional debris, junk , or• waste will be generated by this proposal and will be disposed of on a weekly basis. This proposal will add 6,000 chickens to the present capacity of 22,000 layers. These additional birds will come onto the farm at one day of age and replace 25% of the layers in the existing facilities when they are about 20 weeks old. Little landscaping other than the existing grass, trees, and shrubs will be necessary. Driveways will be gravel . We would like to begin construction as soon as Use by Special Review _is completed and permits are obtained. It is anticipated that Phase II would be operational by march 1 , 1986, Phase III completed by May 1 , 1986, and Phase IV be completed near the middle of 1987. The following information and documents are enclosed as they apply to our application for Use by Special Review for our proposed additions to our existing facilities in Weld County. A. The proposed additions to the existing facilities are uses consistent with the Weld County Comprehensive Plan since no change in use -from current use is intended. B. Ranch Eggs Subdivision was developed for the purpose of family operated poultry operations in an area of Weld County zoned for Agriculture. Our facilities, being agricultural in nature and family operated are a use permitted by designation and intent in the Agriculture Zone. C. The design of the additional facilities and subsequent operation -will be of standards which will provide for the protection of the Health, Rage 3 Safety, and Welfare of the inhabitants of the neighborhood and the County. D. All the surrounding land use is agricultural with farming to the northwest and northeast anzf poultry operations surrounding the balance of our property, therefore, our proposed additions to facilities are compatible with the existing uses adjacent to our property. E. Since the area immediately around our property is already developed for -poultry oper4tions, with the exception of some farm land to the northeast , and our property lies more than three miles from any municipality, our proposal will be compatible with future development of the area. F. Dur property is not located in a flood plain , in any geological hazard area, and is not in any overlay districts. G. Water is supplied by North Huron Water Company and we have on-site storage. H. There will be little to no additional noise or other environmental pollution to existing area operations. Respectfully Submitted, CURTIS RANCH INC. i5 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY, COLORADO 80631• WIDc. COLORADO December 30, 1985 TO: SURROUNDING PROPERTY OWNERS Case Number: USR-719:85:66 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, January 21, 1986, at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Frank Curtis FOR: Use by Special Review for expansion of existing poultry operations. LEGAL DESCRIPTION: Zot 1 , Block 1, Ranch Eggs Subdivision 2nd Filing. LOCATION: Approximately 2} miles east of Erie, west of Highway I-25 and south of Weld County Road 4. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Debbie deBesche, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 Phone: 356-4000� - Extension 4400 6& ` _ ?X / �/ Date: January 21, 1986 CASE NUMBER: USR-719:85:66 NAME: Frank Curtis ADDRESS: 984 Weld County Road 7, Erie, CO 80516 REQUEST: A Use by Special Review permit to allow for expansion of an existing poultry operation. LEGAL DESCRIPTION: Lot 1, Block 1, Ranch Eggs Subdivision, 2nd Filing. LOCATION: Approximately 2.5 miles east of Erie, west of I-25 and south of Weld County Road 4. 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 intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - She Erie Planning Commission approved this request at their meeting on January 6, 1986. - No overlay districts affect the site; and - 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. 8E031 Frank Curtis USR-719:85:66 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 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. t360310 DEVELOPMENT STANDARDS Frank Curtis USR-719:85:66 1. The Use by Special Review permit is for expansion of an existing poultry operation as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The maximum number of animal units shall not exceed 140 or a total of 3$,000 chickens. 3. The Use by Special Review activity shall comply with all County and State Health standards and regulations in particular the following: A. The applicant and or operator shall insure that no conditions exist which facilitate insect (fly) breeding and harboring. B. Composting procedures shall be such that odors are controlled at all times. C. Proper manure handling and disposal practices shall be followed at all times. No permanent disposal of manure shall be permitted on the site. D. Fugitive dust shall be abated and not allowed off the site. 4. All Construction done 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 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. Development Standards Frank Curtis USR-719:85:66 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. �ritiy k LAND-USE APPLICATION SUMMARY SHEET Date: January 14, 1986 CASE NUMBER: USR-719:85:66 NAME: Frank Curtis ADDRESS 984 Weld County Road 7, Erie, Colorado 80516 REQUEST: A Use by Special Review permit to allow for expansion of an existing poultry operation LEGAL DESCRIPTION: Lot 1, Block 1, Ranch Eggs Subdivision, Second Filing LOCATION: Approximately 2.5 miles east of Erie; west of Interstate 25 and south of Weld County Road 4 SIZE OF PARCEL: 4.03 acres 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 Weld County Health Department has offered specific recommendations in a memo dated January 8, 1986. A copy is attached for your review. The Department of Planning Services has not received any opposition in regards to this proposal. The poultry operation is a use by right in the Agricultural Zone district. The applicant is proposing to operate his own feed mill, covered manure storage area, extension of the processing room for storage of packaging materials, and a pullet replacement facility which requires a Use by Special Review permit in the Agricultural Zone district. 06031 FIELD CHECK FILING NUMBER: USR-719:85:66 DATE OF INSPECTION: January 10, 1986 NAME: Frank Curtis REQUEST: Request for a Use by Special Review permit to allow expansion of existing poultry operations. LEGAL DESCRIPTION: Lot 1, Block 1, Ranch Eggs Subdivision, 2nd Filing LOCATION: Approximately 2i miles east of Erie, west of Highway I-25 and south of Weld County Road 4. LAND USE: N Weld County Road 4, farmland, residence E Residence S Residence with poultry operations W Weld County Road 7, residence ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: There are two accesses to the property. 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LANE , ..s 3 , , • • • • i 3�. • • s4 xis4±,,,-411-1 ->! >¢ H • F a 1.- - . e x i s • 4 a s l: 3' 1 Rk QK}i J'Ky4 ,441-4.<,047,7 - rtg Y ar a REFERRAL LIST APPLICANT: Frank Curtis CASE NUMBER: USR-719:85:66 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: January 13, 1986 NO SR NR NO SR NR County Attorney ✓ X Longmont Soil Conservation District X Weld County Health Dept. 9595 Nelson Road Box D X Engineering Department Longmont, CO 80501 X County Extension Agent X Louis Rademacher 13184 Weld County Road 13 Office of Emergency Mngmt Longmont, CO 80501 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 State Highway Department 1420 2nd Street Greeley, CO 80631 _ Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 _ City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X Erie VVV c/o Rodger Harding P.O. Box 100 1 Erie, CO 80516 / R Dacono Fire Protection District ✓r c/o Chief J.W. Fuss P.O. Box 40 100 Forest Street Dacono, CO 80514 NO=No Objection 860310 SR=Specific Recommendations NR=No Response l 4 (( mE ®RAnDUm okTo Planning Department Date January 8, 1986zi—t_______ COLORADO From Wes Potter, Health Protection Services A t4<) fIt- il Subject: Frank Curtis, U.S.R. 719:85:86 V" 1 1. Applicant will insure that no conditions exist which facilitate insect (fly) breeding and harborage. 2. Odors must be controlled at all times. Composting procedures shall be such that odors are controlled at all times. 3. Proper manure handling and disposal practices shall be followed at ALL times. No permanent disposal of manure shall be permited on the site. 4. Fugative dust shall be abated and not allowed off the site. Iii ' : :. o i9 I Wald Co. Planmoe C"mmiss'w; 5310 C.. 1, DEPARTMENT OF PLANNING SERVICES II • 4,. PHONE(303)356-4000 EXT0t . 4400 ra.y1tiLl 9151hSTREET i rtill s .:11 'I GREELEY,COLORADO 80631 , 4 it,O COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on January 21, 1986 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for expansion of an existing poultry operation from Frank Curtis on a parcel of land described as Lot 1 , Block 1, Ranch Eggs Subdivision 2nd Filing containing 4.03 acres. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on January 21, 1986. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by January 2, 1986. Received by: 4" C�>_.t� .-_-- Date: 1')2 J/}'3 6 a6VA3_i.O 1 MAILING LIST USR-719:85:66 Frank Curtis Surrounding Property Owners Energy Oil, Inc. 1960 Industrial Circle Longmont, CO 80501 Richard & Pauline Sheetz 914 WCR 7 Erie, CO 80516 Ronald & Marlina Murren 844 WCR 7 Erie, CO 80516 Kenneth D. Rohner 3398 WCR 4 Erie, CO 80516 John & Gwendolyn Zweck 923 WCR 7 Erie, CO 80516 Adolph & Alexandra Furrer 3161 Johnson Lane Erie, CO 80516 John & Rosemarie Zahn 3211 Johnson Lane Erie, CO 80516 George Struble 3198 WCR 4 Erie, CO 80516 Frank & Emma Hepp 1084 WCR 7 Erie, CO 80516 Ronald G. & Shirley Duke P.O. Box 161 Lafayette, CO 80026 Fay & Alvin Woznick 873 WCR 7 Erie, CO 80516 Hermann & Maria Meng 3168 Weld County Road 7 Erie, CO 80516 86U2/0 APPLICATION USE -BY SPECIAL REVIEW 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 hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NW 1/4 Section 34 T_LN, R 68 W Lot 1, Block 1 , Ranch Eggs Subdivision 2nd Filing LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Nw l /4 Section 34 T 1 N, R 68 W Lot 1, Block 1, Ranch Eggs Subdivision 2nd Filing Property Address (if available) -984 Weld County Road # 7 Erie, Co. 80516 PRESENT ZONE Agriculture OVERLAY ZONES None TOTAL ACREAGE 4.03 _ PROPOSED LAND USE Additions to existing poultry operations. EXISTING LAND USE Family operated egg laying facility and processing unit SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE LSE BY SPECIAL REVIEW: Name: Curtis Ranch Inc. Address: 984 Weld Co. Rd. #7 City Erie, Zip 80516 Home Telephone 4 665-6619 Business Telephone i1 665-6619 Name: Address: City Zip Home Telephone 4 Business Telephone 4 Name: _ Address: City Zip Home Telephone A Business Telephone A APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Mr. Frank Curtis Address: 984 Weld Co. Rd. #7 City Erie, Co. Zip 80516 Home Telephone it 665-6619 Business Telephone 4 665-6619 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Address: City Zip Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and -correct to the best of my knowledge. �c� � COUNTY OF idELD1 _ STATE OF COLORADO ) A - ,% tr Signature: Owner of Authorized Agent Subscribed and sworn to before me this day o£ F) e P'1ry`.Q--� 19�S SEAL rNOTARY PUBLIC bri PP,My commission expires /-Z3-5/� '� i .vtiy +�� AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Lot 1, Block 1 , Ranch Eggs Subdivision located in the NW 1/4 NW 1/4 Section 34, Township 1 North, Range 68 West 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 lasses 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. CURTIS RANCH INC. The foregoing instrument was subscribed and sworn to before me this /6 day of erprn L_ , 19.S. WITNESS my hand and official seal. My Commission expires: 1 2 3 _ C(A; iC?- 72z, Not25YJ Ptbl .c j0 ,,, Lafayette, Colo, 8002 Department of Planning Services Weld County Colorado 915 10th Street Greeley, Colorado 306'1 ATTN: Weld County -Planning Commission -RE: Application for Use by Special Review for additions to the existing egg production facilities of a feed mill , covered manure storage area, extension of the processing room for storage of packaging materials, and a pullet replacement facility on property described as Lot 1 , Block 1 , Ranch Eggs Subdivision. Dear Commissioners: The following is a description -of the proposed phased construction. operation, and use on the above described property and the necessity for that operation and use. Phase I was the addition of storage area to the processing room to provide storage space for materials used in packaging eggs for distribution to customers. This addition is 24 feet by 28 feet (672 square feet) and was completed in 1984. Phase II is the construction and installation of a feed mill to. grind and mix the feed for the 22,000 laying hens housed on the farm. The reason we need the feed mill is to have better control over the quality and cost of our feed program. Phase III is the construction of a post-frame building for the storage of the manure produced by the chickens. This will enable us to better control flies and odors by protection of the manure from moisture and light. It will also provide screening of unsightly open storage from close neighbors. With the closed storage, we can select a more appropriate time to move the manure to the farmland. Phase IV is the construction of a building in which to grow replacement pullets for our laying operation. The growing operation would be the housing of approximately 6,000 baby chicks and raising them to about 20 weeks of age. At that age, they would replace about 25% of the layers in the existing laying barn. This operation would require a structure approximately 22 feet wide by 100 feet long and 12 feet high (2200 square -feet) to house the equipment. The properties surrounding the described property are zoned for agricultural use and are being used for farming or poultry operations with the exception of the property directly east. The described property is bounded on the north by Weld County Road # 4 and on the west by Weld County Road # 7. The nearest residences to the proposed uses are; east - 225 feet, south - 115 feet , west - 285 feet , north - 700 feet. The operation is basically a family operation with the Curtis family -being the only users of the facilities and the family providing most of the labor with one or two part-time helpers in the egg room. There will be only Page 2 daylight operations except an occasional unloading of a grain truck in the -evening. The grinding and mixing of the feed will take about one hour per day and will be done during the day. The water source for the facilities is the North Huron Water Company. The current facilities include on site storage of 17,000 gallons which is filled during off-peak hours of the Water Company. The total use presently for all operations including the family home is about 1 .800 gallons per day. With the completion of Phase IV the usage will increase about 180 gallons per day. Access for heavy vehicles will be 1-25 to Colorado Hwy. #7 to Weld County Road #7 to Weld County Road #4 and then essentially to where the present driveways are located at the east and west ends of the property. Four deliveries of finished feed of 12 tons each will be replaced by one tractor-trailer load of ingredients per week. No additional sewage facilities are necessary in this proposal . The present site is graded and shaped for proper drainge, so no change in the drainage plan will be necessary for the proposed facilities. Hulti -purpose dry chemical fire extinguishes will be installed in the feed mill . Other parts of this proposal have very low fire fuel loads and will need only good maintenance practices. Very little additional debris, junk , or waste will be generated by this proposal and will be disposed of on a weekly basis. This proposal will add 6,000 chickens to the present capacity of 22,x'00 layers. These additional birds will come onto the farm at one day of age and replace 25% of the layers in the existing facilities when they are about 20 weeks old. Little landscaping other than the existing grass, trees, and shrubs will be n-ecessary. Driveways will be gravel . We would like to begin construction as soon as Use by Special Review is completed and permits are obtained. It is anticipated that Phase II would be operational by march 1 , 1986, Phase III completed by May i , 1986, and Phase IV be completed near the middle of 1987. ` The following information and documents are enclosed as they apply to our application for Use by Special Review for our proposed additions to our existing facilities in Weld County. A. The proposed additions to the existing facilities are uses consistent with the Weld County Comprehensive Plan since no change in use from current use is intended. T. Ranch Eggs Subdivision was developed for the purpose of family operated poultry operations in an area of Weld County zoned for Agriculture. Our facilities , being agricultural in nature and family operated are a use permitted by designation and intent in the Agriculture Zone. C. The design of the additional facilities and subsequent operation E.; rage will be of standards which will _provide for the protection of the Health. Safety, and Welfare -of the inhabitants of the neighborhood and the County. D. All the surrounding land use i=_ agricultural with farming to -the northwest and northeast and poultry; operations surrounding the balance of our property, therefore, our proposed additions to facilities are compatible with the existing uses adjacent to our property. E. Since the area immediately around our property is already developed for poultry operations, with the exception of some farm land to the northeast, and our property lies about two miles from the town limits of Erie, our proposal will be compatible with future development of the area. F. Our property is not located in a flood plain, in any geological hazard -area, and is not in any overlay districts. S. Water is supplied by North Huron Water Company and we have on-site storage. H. There will be little to no additional noise or other environmental pollution to existing area. operations. Respectfully Submitted, e CUl4TIS RANCH INC. NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Energy Oil Inc 1960 Industrial Circle T.ongmont, Colorado 80501 6214678000007 Richard & Pauline Sheet? 914 Weld Co Rd. #7 62146734202003 Erie, Colorado 80516 62146734202004 Ronald G. & Marlina Murree_ 844 Weld Co. Rd. #7 62146734202005 Erie, Colorado 80516 62146734202006 Kenneth D. _Hohner _a398 Weld Co. Rd. #4 Frio Colorado 80516 62146734202007 John L. & Gwendolyn Zweck 9-23 Weld Co Rd #7 Frie, Colorado 80516 62146734202008 Adolph W. & Alexandr__L. Fu 161 ohnson Lane Erie. Colorado 08516 62146734202009 62146734202010 John L.& Rosemarie Zahn 3211 Johnson mane 62146734202011 Erie, Colorado 80516 6214673420201.2 George Struhle 3198 Weld Co. Rd. #4 62146734202013 62146734202014 Erie Colorado 80516 62146734202015 Hermann & Maria Meng 116R Weld Cn Rd #4 62146734202016 Erie, Colorado 80516 671L671a702017 Frank & Fmma-_llepp 1 084 Weld Cn Rd 117 -- Erie, Cn-laradn RQ516 671L6727QDnn'1n Ronald C. & Shirley Duke P.O.Box 161 Lafayette, Colorado 80026 62146728000027 Faye A. Alvin J. Woznick 873 Weld Co. Rd. #7- Erie, Colorado 80516 62146733101010 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Lot 1 Block 1 Ranch Fees Subdivision located in the NW 1/4 NW 1/4 Section 34, Township 1 North, Range 68 West STATE OF COLORADO ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. CURTIS RANCH INC. The foregoing instrument was subscribed and sworn to before me this iw' day of---Il'P C PN4-N-Le _, 19 X.S. WITNESS my hand and official seal. My Commission expires: 1 - Notary Public 200 N. Pub i; . .:ad -,r2 ,tte, 0010. 80026 u Maio juZir71 '77-74"(-9(--) CA--71 /19/67_,./---)/27 •/-? / tea /1)m / J / 69' ! ---i /y X ibi,ill 4 :3-5t :c Jt> C - • _giir ,.4f',..''4 '_r/4 £ 'De . II ` uE ? .Flt 3Ir.n9Nl i„ -. 1, ref V.: Ekii. Z , / 7 ,417-h/ 7/-7(er 6c,72- P/a___/2/7 //d. Aom/ LIJ/ 41 5 A5 tf t� .y a 1'T • /7L / / ' t 741, •*as: — r, 4' yy L L Fly 3 $•• N'tyynntl 1 F� �' fr lll��'///7 UN ED OF TRUST .790981 9-0555 • Form 502 1'I.R Loan No. 1-78 • The Federal Land Rank of Wichita '17115 DldLD OF TRUS L,Made this 13th day of May . I7 80 between CURTIS RANCH, INC. , a Colorado Corporation whoseaddressis 984 Weld County Rd. 7, Erie, Colorado 80516 County of .Weld ,State of Colo ratio, hereinafter called grantor,whether One or more.and the PUBLIC TRUSTEE OF Weld _. County.State of Colorado. WITNESSETH: The grantor In order to secure his promissory note of even date as described her made payable lu the mates of 'fill I7 V It\I I Atilt BANK OF WICHITA,Wichita,Kansas,a corporation,the beneficiary herein,does hereby grant and convey unto said PUBLIC 1 It I Ft the tonne mg do .scribed property situate in the County of We State of Colorado, to wit. Lot One (1) , in Block One (1) , RANCH EGGS, INC. , SUBDIVISION - FILING NO. TWO, - Weld County, Colorado, a subdivision located in Section 34, Township 1 North, Range 68 West of the 6th P.M. Together with a security interest in all egg laying and handling equipment and facilities located on the above land, including all future additions to, replacements • of or substitutions for. • OR1 • ,,,____ Containing 5 acres,more or less. • Subject to existing easements,rights of way,and mineral interests or mineral leases owned by third persons under valid reservations or tonV ey:Iltes now of record;but including the following,whether now or hereafter located upon or appurtenant to said real estate. All improvements of any kind and character,together with the equipment,furnishings and fixtures attached I here[1 or u.lad teal qpC1 ill, ills It ii use in connection therewith;all easements,rights of way and reversionary rights,all privileges.herelitanments and appurtenan es.all water,-• and drainage rights;and all abstracts or other evidences of title; • all of which shall be deemed to be a part of the security hereunder. . es deed or trust secures payment.,in instveil datents tweet/lib. (the last due June I. 2005 )of a loan t' 105,q00.00 00.00 with interest, as evidenced by a promissory note of even date lW recall h- 'Ow note states the interest rates aglibCablc to the principal sal rl gist\td'y tin .Vlpll a1111111'fs in such interest rates. .... TO HAVE AND TO r interest OL the thersme together r in performance all appu teaancesy of IN TElcovel of NEV ERTHi IE.or t1,011111,1ll', ISI �Iattthat n caw I l of deti,lu Fhi the,p:i runt It:..mil rote or any part suchthereofn covenant or rweecondition and file notice of election and rculaml tor stir published tha ruble I ludo,old their afteil'halt stir 'ato��'r p I•is 1' 'Ii1°`'' weekly for not less aw at public four weeks f in some newspaper fgeneral circulation House se uhc l m said county,halen 1 _sleds d - '1 cash at the front door of the Court Iiouse in u 1 County e h min said prep ity i%stbial riot 1 '�u .alit;,o and Iw'u provided hy Public trusauction for the sale the ne I rwler shall te pay or principal lam all fees,chargesn of dnts for ci.isnaking th lieu e n n, III aw I, I I„ IoI 1 r vl, Lit byyhe theefieia ra r hereunce,taxee s nd ssessmentsd rest wth[interest ltt note hereon at theIng to rate provided in the Mite, together th and et leo thereot [withla I ttasvnanlIe v ci ors'lee. it any, fired by the b nfor insurance,iu eat incurred the beneficiary in order to pursue its rights hereunder. Following the period of redemption the Public"1 Hobo shill issue to lb,. huller ot the certificate of purchase a deed to the property sold. The beneficiary may purchase said property at tuts sale:mil use as its bid the amount fuc mulct the terms of the note and this deed of trust a The Grantor covenants and agrees as follows, s e I. To be lawfully the owner of fee simple title to said real estate and of unconditional title to all other poi bons o f the seem ay' to have gins,' right to encumber the same;that the same are free and clear of all other encumbrances:and to warrant and defend title thereto against lass lid etauns or demands of all persons whomsoever. 2. To use the proceeds from the loan secured hereby solely for the purposes stated in gl:udoi's:Ipph,anon lot said loan. 3. To pay when due all payments provided in the note secured hereby. • T 4. To pay when due all taxes or assessments lawfully levied or assessed against the security,and also any ctaint,lien or en cu nlbr:mee which may be or become prior to this deed of trust. 5. To insure the improvements and keep the same insured against such hazards and in such amounts AS henei iciary slay requite n oral panes - _ satisfactory to beneficiary,any policy of insurance to be deposited with and loss thereunder to he payable to beneficiary aN Its'rteicst may appear. ,At the option of grantor,and subject to regulations of the Farm Credit Administration, stints received by beneficiary for loss m,) he used for re- !construction of destroyed improvements,or, if not so used,and at the option of beneficiary,may he released to grantor,or applied 11 payment of matured debt owing_to beneficiary or,if no matured debt exists,as advance payment of principal to the manner stated in the u.,ic +teed hereby. 6. To comply with all laws,ordinances,imitations.covenants.conditions and restrict ions affecting the security:to keep the e arts ;oddcondi- tion and repair at alt times;not to commit or permit waste or nuisance Ihcleon,n unreasonable depreciation in the physicA oi value thereof;and unless prior written consent of beneficiary is obtained.not to cut or remove or pernui cutting or removal of growing initial except for domestic purposes,or remove or permit removal of any improvements except for appropriate replacement. 7. To reimburse beneticiary for all costs and expenses incurred by it bt any proceeding lu lineelos this deed of trust,or in any suit in which beneficiary • may be obliged to de tend or protect its rights or lien acquired hereunder,including all abstract tees,court costs,a reasonable album?), lee where allowed by law,and other expenses;and such sums shall be additional indebtedness secured by this Deed of Trust and shall he paid out of the proceeds of sale of the property. 8. To obtain and maintain lite and/01 disability insurance from an insurer acceptable to mortgagee in such manner and amount is mortgagee may require in its loan conunitmcnt or in any subsequent loan servicing agreement.The policy of insurance to he deposited with mortgagee and all proceeds thereunder to be fully payable to mortgagee.AB proceeds shall be applied first toward payment of any matured indebtedness of morfgdgor in favor of mortgagee and second toward payment and reduction of the unmarred principal amount of the indebtedness. Any such insurance proceeds remaining after till payment of all indebtedness shall he forwarded by mortgagee to such person as mortgagor shall have designated in the insurance policy or alternatively to mortgagor or mortgagor's successors in interest,and mortgagee shall be held harmless in so doine. • C(3(3310 O In the event grantor fails to pay when doe ally lanes. liens, to hon,,ols or ussessmerts required to be paid heremalei.or fails to maintain insurance as herein provided,beneficiary may mak• such pay'ment'oi provide sit.h ulunan :Ind ach:mound advanced I li error shall become a part of the debt secured hereby but shall be immediately due.md shall fear unrr,sl tour the dart 51t ods:lnce lu the slate oi payluenl as provided in the note secured hereby. Bene- ficiary shall be the sole judge of the legality, necessity or propriety of making siren payments or providing such insurance. To-provide for payment of the debt secured hereby,amt independently of the hen hereby created,grantor hereby assigns to beneficiary all suers now or hereafter payable to grantor for claims,irnury or damage to the security tutu:my cause and also all sums now or hereafter payable to grantor as rents. royalties,bonuses and delay moneys under any oil,gas or other mineral lease moss or hereafter esisling on said real estate: To facilitate payment of such sums to beneficiary,grantor agrees to esec me and deliver hi beneficiary such MO iostru menu s as beneficial y may require. Al the option of beneficiary, and without prejudice to its right to receive(titure NUM?,or any of Its other rights mulct this deed of host,sums paid to it pursllartl to ibis paragraph ;nay be released to grantor in whole or in part or applied in payment of matured debt owing to benetic Loy,or, if no matured debt exists,as advance payment of principal in the manner stated in the note secured herehs. Release of this deed of trust of record shall automatically terminate the right of henetiei:uy to receive any further sums under this paragraph. In the event grantor defaults with respect to ally covenant or condition hereof,then,at the option of beneficiary, the debt secured hereby shall forthwith become due and bear interest as ptnvWcd in in the note and this deed of trust shall heconrc subject to foreclosure: I'nlvided,however.beneficiary may at its option and without notice annul l y 551511,Wcolcial ion tint no 'arch;umulutent shall affect any subsequent breach Ill I he coVillant%and conditions hereof. In like manner and with like effect,beneficiary at its option may declare the debt immediately due in the event of change of oss nership of the security. un- less beneficiary has given its written consent to smell change,or unless such change is the direct result of death of grantor. "Change of ownership-shall be deemed to include voluntary of liwol calls tr n tvi of I rile 1 Ili' security iii any I r lion !hereof or any inlvtt I therm all1 also 1O mck ilr Ili' abgn ston llent or termination of rim:uI the s,.rally• 1, a leadelllrat t nl poses. III the absent Vl its wilt ten consent, the rrplf in nl 'wile'hta,v to Its,'h r.le tale debt because of change of ownership shall continue too a petod of >isly days after It has received actual notice in writing rat such change tregudless of w'tether such change appears as a natter of public record),and shall Then expire. In the event of foreclosure of this deed so trust,beneficiary shall be entitled to the abstracts and other evidences of title and to have a receiver appointed by the court to take possession and coot od of the security and collect the rents,issues and profits thereof;the amounts so collected by such receiver to be applied under the direction of the court to the payment of any judgment rendered or amount due under this deed of trust. Such receiver may be appointed byany court of competent jurisdiction upon en pate applied ion and without notice--notice being hereby expressly waived. This deed of trust is subject to the harm Credit Act of L971 and all acts:nnendatury thereof or supplemental thereto. Beneficiary shall have the right.at any time,without notice,to grant extensions,deferments ret is or ruunurl izat ions of all sir any part of the debt secured hereby,or release from personal liability any party low or hereafter liable fir su h debt.,n request the l'uhlic Trustee to release all or any part of the security,without affecting s the provisions or priority of this deed of trust on the remaining security or the personal liability of any party not specifically released from liability. Gcantor hereby waives notice of election to declare the debt due as herein provided,and also the benefit of all stay,valuation,homestead and appraisement laws. Grantor also waives all rights of redemption as to any corporal ion winch becomes a successor o assign of grantor. The covenants and conditions of this deed of trust shall extend to and be binding upon the heirs,executors,administrators and assigns of the respective parties hereto. .CUBTLS__RANCH, I_11C._,__� Colorado Corporation ATTEST: • F. H. Curtis, President Dorthy `Curtis,_ Secy. NOW IJ?,l l(,Mb:F"I' set's IF OF COLORADO (-misty Or WELD ,ss. The foregoing instrument was acknowledged before me this day ut , 19 ,by F. H. Curtis, President and Dorthy F. Curtis, Secretary of CURTIS RANCH, INC. , a Colorado Corporation, on behalf of the corporation. My Commission I•.splres • Notary Public v • • II o -• n $ l N y v: , o 1 I :773 46 2 j__ ! N ` C C • Si " i'..4 II Q G. N o V U O r" J r li r p n m {� O ate. - <. J rj y 3 J j. — c o S N V G ` I' c. (.-+ J Q r I, I b - —1 m ni T F I z o II I u li s 5 ^ 'u c y - Z 2 II Lk; o w 'o Ii I `C -_ - a-. l C1 -' 0 J frJ ... 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