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Home My WebLink About860339.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR RECYCLING YARD FOR FERROUS AND NONFERROUS METALS AND WOODEN PALLETS - NORMAN LOVELY, DBA COLUMBINE IRON & METALS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 9th day of April, 1986 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Norman Lovely, dba Columbine Iron & Metals , Inc. , 3747 Weld County Road 8 , Erie, Colorado 80516 , for a Use by Special Review for a recycling yard for ferrous and nonferrous metals and wooden pallets on the following described real estate, to-wit: Part of the S', Section 15 , Township 1 North, Range 68 West of the 6th P.M. , 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 of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4. 2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests. 860339 6 . The applicant shall submit information to the Division of Water Resources for review and approval regarding their water source for the site. A letter of approval shall be delivered to the Department of Planning Services. 7 . Within thirty days of approval by the Board of County Commissioners, the applicant shall submit a plan for screening to the Department of Planning Services. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 9th day of April, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTESTelwani WELD COUNTY, COLORADO Weld County Clerk and P.ecorder Nwr-44.1."1\s--and Clerk to the Board cguine Jo n .on, Chairman EXCUSED Gordon E. Lacy, Pro-Tem eputy County C rk �Jo APP VED AS TO FORM: ne R. rantner C. � � y t o ney h EXCUSED DATE OF SIGNING - AYE Frank Yamaguchi 860339 DEVELOPMENT STANDARDS Norman Lovely, dba Columbine Iron & Metals, Inc. USR-700 : 85: 44 1 . The Use by Special Review permit is for a recycling yard for ferrous and nonferrous metals and wooden pallets , as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed herein. 2. The site shall be screened along Weld County Road 8 . Such screening shall be implemented within sixty days of approval of the Use by Special Review by the Board of County Commissioners . 3 . The wooden pallets shall be stacked in rows of not more than 500 pallets per row, and separated by not less than ten feet from adjoining rows or stacks. Each stack shall not exceed ten feet in height. 4 . Access roads to all buildings shall be maintained and open to allow for a minimum of fifteen feet clearance to all building and storage areas. 5 . A minimum twenty thousand (20 , 000) gallon water storage tank shall be located on the premises within thirty days of approval from the Board of County Commissioners . The tank shall be full at such times required by the Dacono Fire Protection District and shall have a fire department connection which meets the approval of the Dacono Area Fire Protection District. If adequate public water is available to the site and approved by the Dacono Fire Protection District, the water storage tank may be removed from the site. 6. All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 7. The applicant shall comply with the design standards for the Use by Special Review, Section 24 . 5 of the Weld County Zoning Ordinance. 8 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24. 6 of the Weld County Zoning Ordinance. 860339 Page 2 DEVELOPMENT STANDARDS - LOVELY 9 . Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated herein and all applicable Weld County Regulations. 10 . The Use by Special Review area shall be limited to the plans shown herein and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above 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 and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11 . The property owner and/or operator of this operation 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. 860339 HEARING CERTIFICATION DOCKET NO. 86-18 RE: USE BY SPECIAL REVIEW FOR A RECYCLING YARD FOR FERROUS AND NONFERROUS METALS AND WOODEN PALLETS - NORMAN LOVELY, DBA COLUMBINE IRON & METALS, INC. A public hearing was conducted on April 9, 1986, at 2:00 P.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 Assistant County Attorney, Bruce T. Barker Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated March 24, 1986, and duly published March 27, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of Norman Lovely, dba Columbine Iron & Metals, Inc. , for a Use by Special Review for a recycling yard for ferrous and nonferrous metals and wooden pallets. Bruce Barker, Assistant County Attorney, made this matter of record. He informed the applicant that, with only four Commissioners present, should today's hearing result in a tie vote, the absent Commissioner would review the record of this hearing and cast the deciding vote. Debbie de Besche, Planning Department representative, read the favorable recommendation of the Planning Commission into the record. She stated that 11 Development Standards are associated with the request. She noted that Conditions 2, 5 and 6 have been satisfied. Norman Lovely, the applicant, came forward to explain his request and answer questions of the Board. Larry Ackerman, realtor, came forward to speak in opposition to the request. His company, Group One Properties, has listed the property belonging to Earl and Ruth Arneson, adjacent property owners. He asked that the application be denied or that certain restrictions be placed on the operation. Bob Marx, managing general partner of Erie Road Joint Venture, said that his group, also adjacent property owners, feels that this is a good use of the property, noting that the area is undermined from coal mining. Mr. Lovely made comments on the nature of his recycling business. After discussion regarding that proposed screening, Commissioner Kirby moved to amend Development Standard #2 to read, "The site shall be screened along Weld County Road 8." The motion was seconded by Commissioner Brantner. During the discussion which ensued, Ms. de Besche suggested that an additional Condition regarding the screening could be added. The motion to amend Development Standard #2 carried unanimously. Commissioner Kirby moved to add a Condition to state, "Within thirty days of approval by the Board of County Commissioners, the applicant shall submit a plan for screening to the Department of Planning Services." The motion was seconded by Commissioner Brantner and carried unanimously. Commissioner Kirby moved to further amend Development Standard #2 by adding, "Such screening shall be implemented within sixty days of approval of the Use by Special Review by the Board of County Commissioners." Seconded by Commissioner Brantner, the motion carried unanimously. After discussion regarding Development Standard #5, which requires a water storage tank to be located on the premises and be full at all times, Commissioner Brantner moved that this Development Standard be amended to require that "the water tank be full at such times required by the Dacono Fire Protection District" and 860338 ?L00? 1 Page 2 RE: USR - LOVELY by adding, "If adequate public water is available to the site and approved by the Dacono Fire Protection District, the water storage tank may be removed from the site." Commissioner Brantner seconded the motion and it carried unanimously. Commissioner Kirby moved to approve the request of Norman Lovely, dba Columbine Iron & Metals, Inc. , for a Use by Special Review, subject to the Conditions and Development Standards as amended. The motion was seconded by Commissioner Brantner and carried unanimously. This Certification was approved on the 14th day of April, 1986. APPROVED: ATTEST: 0-4AAA:t . WELD COUNTY,OF NTY COLORADOSSIONERS Weld County Clerk and Recorder and Clerk to the Bo J cque ne Joh n, Chairman (am: OWau a) IA q, s EXCUSED DATE OF HEARING puty County t er Gor o E. Lacy, Pro-Tem ene R. rantner, C.W. '../1"5" rby EXCUSED DATE OF SIGNING Frank Yamaguchi TAPE #86-25 DOCKET #86-18 PL0031 860338 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : APRIL 9, 1986 DOCKET # 86-18 USR-RECYCLING YARD FOR METALS & WOODEN PALLETS, NORMAN LOVELY DOCKET # _ DOCKET # PLEASE write or print legibly your name , address and the DOC # (as 1__t_d above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING f) /((Y//Yf�l� 37/)1 S - c t�(�D4b GucIY, fiti6i ,vvlO, 6O T2//o' v6---/s> he US ( <m J I�y-'v s,,, 7-r) 6 Yr,2/' Kl 7 Wit" - , (c() 6; -/,P GAS C i ) o, v, (So 76411-)14 , (e'A , a . IJ /cask' illfrMirv,9‘.1-1 ,a 777 Lyn/kit/ IX- 1 .,,., T7) NOTICE 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. 86-18 Norman Lovely, dba Columbine Iron & Metals, Inc. 3747 Weld County Road 8 Erie, Colorado 80516 DATE: April 9, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Recycling yard for ferrous and nonferrous metals and wooden pallets LEGAL DESCRIPTION: Part of the Si of Section 15, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: March 24, 1986 PUBLISHED: March 27, 1986, in the Johnstown Breeze fi „^ PL 003 / £ _ r> ,� E XHini7 DATE: March 24 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections , we have tentatively set the following hearing for the 9th day of April , 1986 , at 2 : 00 P.M. Docket No. 86-18 - USR, Recycling yard for ferrous and nonferrous metals and wooden pallets - Norman Lovely, dba Columbine Iron & Metals , Inc. We have also tentatively set the following hearing for the 9th day of April, 1986 at 7: 00 P.M. Docket No. 86-19 - Preliminary hearing regarding the creation of a Local Improvement District for internal roads in Antelope Hills Subdivision. OFFICE OF THE C ER O THE BOARD BY: //,C/i?� , Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I vL� G':r`i:33 j • AFFIDAVIT OF PUBLICATION NOTICE THE JOHNSTOWN BREEZE Pursuant to the zoning laws of STATE OF COLORADO I the State of Colorado and the i ss Weld County Zoning Ordinance, COUNTY Oh \VI?LD I a public hearing will be held in the Chambers of the Board of I, Clyde Iii'iggs, du solemnlys�s'car Ibal I County Commissioners of Weld County, Colorado, Weld County and publisher of The .l ohnst ua II I (ft e. Centennial Center, 915 10th that the same is a weekly nett spatter Street, First Floor, Greeley, Colorado;-at the time specified. printed, in whole or in part, aitil published Alf persons in any manner interested in the Use by Special in the County of Weld, State of Colorado. Review are requested to attend and has a general circulation therein'. Ihat and.may be heard said newspaper has been published Should the applicant or any continuously aml uninterruptedly in said interested party desire the presence of a court reporter to County of Weld for a period of more than make a record -of the pro- ceedings,in addition-to the taped fifty-two consecutive weeks prior to the record which will be kept during first publication of the annexed legal 114111,' the hearing, the Clerk to the Board's Office can be contacted Or advertisement; that said newspaper has for a list of court reporters In the been admitted to the United States mails as area. If a court reporter le obtained,the Clerk to the Board's second-class matter under the pl'oVlsllins id Office shall be advised iri writing the Act of March :I, 11179, or ❑o� of such action at least five days prior g to the hearing. The cost of amendments thereof, and that said be borne by tcourt ques}ngP shall newspaper is a weekly newspaper dull BE IT ALSO KNOWN that the qualified for publishing legal notices and text and maps so certified by the advertisements within the meaning of the Weld County Planning.Commis- - sion may be examined in the laws of the State of Colorado. ' office of the Clerk to the Board of d That the annexed legal notice or advertise no the Weld County Sy Centennial meat was published in the regular and Floors Grreeey,10th 1, Third entire issue of every number of said weekly APPLICANT newspaper for the period of Coflsecu• Norman Lovely, dba five insertions; and that the first ColumbineMetals,Ir Inc.8 publication of said notice was in the issiJ144f_ 8 3747 ,Weld Rd 8 said newspaper dated S ' 2 7 :1 L. -(6,- Erie, Colorado 80516 DOCKET-NO. 86-18 and that the last publication of said datce ed was in the issue of said newspaper dated DATE April 9, 1988 A.U. 19 TIME: 2:00 P.M. In witness whereof I have hereunto set REQUEST: Use by Special my hand-tllis 2 g day of /'tic=. . Review - Recycling yard for A.D. 19'. 424. ferrous. andcyclic nonferrous metals and wooden pallets LEGAL DESCRIPTION: Part of `. / the St of Seceion 15, of Township 1 North, Range ou ty,West the Publisher 6th P.M. Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, - Subscribed and sworn to before Inc. a COLORADO Notary Public in and fur the_J("ounty of BY: MARY ANNFEUE TEIN W �IJd, Stale of C0I0I'at /1 this "" day of COUNTY CLERK AND . ./GL,GGet. Al).. 19. (0.. RECORDER AND CLERK TO THE BOARD / / /L�_ • BY: Mary Reiff, Deputy L1 . -cy_ DATED: March 24, 1986 ti, Nellie} Tubbs PUBLISHED: March 27, 1986,in (((/// the Johnstown Breeze . My commission expif'cs; e..Juno..14;-1987 µ" c emmssto 2 South Parish ,+suer:lie Johnstown, Cl.) bC'Ss4 AFFIDAVIT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado I County of BoulderI I, Brad E. Zimmerman do NOTICE ' Pursuant to the zoning laws of.the State of Colo- solemnly swear that the LONGMONT DAILY TIMES-CALL is a I redo and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the daily newspaper printed, in whole or in part, and published in I Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 the City of Longmont, County of Boulder, State of Colorado, 10th Street,First Floor,Greeley,Colorado,at the time specified.All persons in any manner inter and which has general circulation therein and in parts of Boulder eStedanmewmbysyeciel Review are requested to attend and may be heard., and Weld Counties; that said newspaper has been continuously : Should the applicant or any interested party-de-. and uninterruptedly published for a period of more than six months sire the the roe eo i court reporter tothe make a a record ofw the p illeetl legs,in e to hearing.the next prior to the first publication of the annexed legal notice '' Clerkewme Boar 's Office can cotdfor Clerk to the Board's Officecan e .contacted for - of advertisement, that said newspaper has been admitted to the list of court reporters in the area. If a court re porter is Obtained,the Clerkto the ffoord's'ofice United States mails as second-class matter under the provisions shall be adViswd In writing of such action at least five days prior to the hearing.The cost of engag' of the Act of March 3, 1879, or any amendments thereof, and ingacourt reporter shall be borne by the reauest- ing'party, thatsaid newspaper is a daily newspaper duly qualified for publishing BE IT ALSD KNOWN that the text and maps so certified by the Weld County Planning Commis- legal notices and advertisements within the meaning of the laws I sion may beexamined in the office of the Clerk to the Board of County Commissioners, located in of the State of Colorado; that copies of each number of said the Weld County Centennial Center, 915 10th newspaper, in which said notice or advertisement was published. DOCK Third Floor,Greeley,Colorado. DOCKET NO.86-18 were transmitted by mail or carrier to each of the subscribers APPLICANT Norman Lovely, dba Columbine Iron a Metals of said newspaper, according to the accustomed mode of business ' Inc in this office. Ent ColoCounty ado t80516�8 i DATE:April 9,1986 That the annexed legal notice or advertisement was published '. RIME: ST:P.M. TIME: :80 Use by Special Review—Recycling yard.for ferrous and nonferrous metals and in the re ular and entire editions of said dail , newspaper once 4:uh wooden Pallets g LEGAL DE DESCRIPTION: Part of the Sh of Sec- tion 15,Township 1 North,Range 68 West of the Weft' en—the-SJ ne—ciay-uf.eath-nceek for the period of 6th P.M.,BOARD OF COUNTY COMMISSIONERS 1 WELD COUNTY,COLORADO BY: MARY ANN FEUERSTEIN I _ COUNTY CLERK AND RECORDER consecutive insertions; and that the first publication of said notice ' AND Ty THE BY: Mary T ,D R BOARD DATED:March 24,1986 I was in the issue of said newspaper dated March 27 Published in the Daily Times Call, Longmont, C0o10.,March 27, • 19 86 , and that the last publication of said notice was in the issue of said newspaperDdated March._2.7 Iq. .2.6_. I • kis,SwRt Business Manager • Subscribed and sworn to before me this 27th day of .March 19.....$6.._ I �� Notary . l No I. I FEE $ 25,-00 rCIRep x My Commission Expire! October 6, 1989 117 - 4th Avenue e e Longmont �,,....: Colorado 8;!501 t, ry:a'.'G 1-1300-02 'I Summary of the Weld County Planning Commission Meeting October 1 , 1985 Page 6 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. The Chairman asked the applicants if they had any problems with the recommendations, conditions, and standards. They stated they had no problem with anything as presented. MOTION: Bill McMurray moved Case Number USR-699:85:43 for Charlotte Watkins for a Use by Special Review permit for a greyhound—kennel (120 dog maximum) 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 presented by the Department of Planning Services staff and the testimony of the applicant. Motion seconded by Lydia Dunbar. 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. Don Johnson - yes; Lydia Dunbar - yes; Bill McMurray - yes; Louis Rademacher - yes; Ann Garrison - yes; Lynn Brown - yes; Jack Holman - No, primarily because there is no restriction that the Use by Special Review permit would be restricted to the landowner and not go with the land. Motion carried with six voting for the motion and one voting against the motion. CASE NUMBER: USR-700:85:44 APPLICANT: Norman Lovely d/b/a Columbine Iron & Metals REQUEST: Use by Special Review permit for a recycling yard for ferrous and nonferrous metals and wood pallets LEGAL DESCRIPTION: Sz of Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: West of I-25 and north of Weld County Road 8 approximately 3 miles east of Erie. APPEARANCE: Norman Lovely, property owner and applicant, reported this would be a recycling yard for ferrous and nonferrous metals. They sort out different types of metals and sell them. The site is adjacent to a railroad track and there are existing buildings on the property. They will also be storing wooden pallets. C S Z: ar, CI Summary of the Weld County Planning Commission Meeting October 1, 1985 Page 7 Tape 121 - Side 2 The Chairman called for discussion from the audience. There was none. The Chairman asked the applicant if he had reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. Fe stated he has and sees nothing wrong with then other than the condition that a water storage tank be placed on the property within thirty days following approval by the Board of County Commissioners. Fe would prefer this be extended to a year. In this way he would be able to hunt a used tank rather than buying a new tank at a much greater expense. Lee Morrison suggested Mr. Lovely meet with the Fire Protection District and the Planning Services staff to see if something can be worked cut prior to this request going to the Board of County Commissioners. The Chairman asked that reading of the Department of Planning Services staffs recommendations, conditions, and development standards 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-700:85:44 for Norman Lovely doing business as Columbine Iron and Metals for a Use by Special Review permit for a recycling yard for ferrous and nonferrous metals and wood pallets 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 of the applicant. Motion seconded by Louis Rademacher. 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. Don Johnson - yes; Lydia Dunbar - yes; Bill l McMurray - yes; Louis Rademacher - yes; Ann Garrison - yes; Brown - yes; Jack Holman - yes. Motion carried unanimously. ADDITIONAL BUSINESS: Consider proposed amendments to the Weld County Building Code Ordinance. Summary of the Weld County Planning Commission Meeting October 1 , 1985 Page 8 Chuck Cunliffe, Director, Department of Planning Services, stated that prior to the meeting the staff provided copies of the changes in the text tc the members of the Planning Commission. The Weld County Building Trades Advisory Committee has reviewed the changes and recommends approval. Other than typographical errors, etc. , the basic change is adoption of the 1985 uniform codes by reference. The Chairman asked Chuck Cunliffe to read the recommendation of the Department of Planning Services staff into the record. The Chairman called for discussion from the members of the audience. There was none. MOTION: Don Johnson moved the proposed changes to the Weld County Building Code Ordinance be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations of the Department of Planning Services staff and the Building Trades Advisory Committee. Motion seconded by Ann Garrison. 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. Don Johnson - yes; Lydia Dunbar - yes; Bill McMurray - yes; Louis Rademacher - yes; Ann Garrison - yes; Lynn Brown - yes; Jack Holman - yes. Motion carried unanimously. The meeting was adjourned at 4:45 p.m. Respectfully submitted, Bobbie Good Secretary E_6C".f0 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION 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: r Cr CASE NUMBER: USR-700:85:44 1 NAME: Norman Lovely d/b/a Columbine Iron & Metals, Inca MAR 1 91986) ADDRESS: 3747 Weld County Road 8, Erie, Colorado 8054"- - REQUEST: A Use by Special Review permit for recycling yard for ferrous and nonferrous metals and wooden pallets LEGAL DESCRIPTION: Part of the S1 of Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: West of I-25 and north of Weld County Road 8 - Approximately 3 miles east of Erie, and 3 miles southwest of Dacono. 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 policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The subject site is located within a Geologic Hazard Overlay District area. Condition for approval number two addresses this concern; - The City of Erie has recommended conditional approval to this proposal . Their concerns, are addressed in additional comments; and 3 XH,5,I, !3 Forman Loveley d/b/a Columbine Iron & Metals, Inc. USR-700:85:44 October 1, 1985 Page 2 Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. Prior to scheduling a hearing before the Board of County Commissioners, the applicant shall obtain approval of a Geologic Hazard Overlay Development Permit application from the Department of Planning Services. The application shall be submitted to the Department of Planning Services within thirty (30) days after the Weld County Planning Commission hearing. 3. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk & Recorder. 4. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-700:85:44. 5. Prior to recording the Use by Special Review plat, the applicant shall submit a Erosion Control Plan to the Boulder Valley Soil Conservation District for review and approval. A copy of the approved plan shall be delivered to the Department of Planning Services. 6. Prior to scheduling a hearing before the Board of County Commissioners the applicant shall submit information to The Division of Water Resources for review and approval regarding their water source for the site. A letter of approval shall be delivered to the Department of Planning Services. Norman Loveley d/b/a Columbine Iron & Metals, Inc. USR-700:85:44 October 1, 1985 Page 3 Motion seconded by Louis Rademacher. Vote: For Passage Against Passage Don Johnson Lydia Dunbar Bill McMurray Louis Rademacher Ann Garrison Lynn Brown 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 October 1, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the first day of October, 1985. ZouL:s-Ohoma Bobbie Good Secretary DEVELOPMENT STANDARDS Norman Lovely d/b/a Columbine Iron & Metals, Inc. USR-700:85:44 1. The Use by Special Review permit is for a recycling yard for ferrous and nonferrous metals and wooden pallets, as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed hereon. 2. A ten foot (10') landscaping strip along Weld County Road 8 shall be provided as shown hereon. 3. The wooden pallets shall be stacked in rolls of not more than 500 pallets per row, and separated by not less than ten feet (10') from adjoining rows or stacks. Each stack shall not exceed ten feet (10') in height. 4. Access roads to all buildings shall be maintained and open to allow for a minimum of 15 feet clearance to all building and storage areas. 5. A minimum twenty thousand (20,000) gallon water storage tank shall be located on the premises, within thirty (30) days of approval from the Board of County Commissioners. The tank shall be full at all times and shall have a fire department connection which meets the approval of the Dacono Area Fire Protection District. 6. All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 7. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 of the Weld County Zoning Ordinance. 8. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 of the Weld County Zoning Ordinance. 9. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. Development Standards USR-700:85:44 Norman Lovely d/b/a/ Columbine iron & Metals, Inc. Page 2 10. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above 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 and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11. The property owner and/or operator of this operation 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. ADDITIONAL COMMENTS Norman Lovely d/b/a Columbine Iron & Metals, Inc. USR-700:85:44 The City of Erie recommended a solid 6 foot fence along Weld County Road 8 rather than the 10 foot landscaping buffer proposed by the applicant. A field check of the area showed that a 6 foot fence would have little or no impact due to the terrain of the land, equipment used on the site, and the location of I-25. 6S033J ?YVENTCRY OF ITFMS SUBMITTED FOR CONSIDERATION Case Number 1.1.5R 'TO& O 52 / Submitted or Prepared Prior to Hearing At Hearing 1. Application 1S Pages ✓ 2. I Application plat(s) page(s) 3. DPS Referral Summary Sheet /v 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List ✓/ 7. 3 DPS Maps Prepared by Planning Technician ./ 8. DPS Notice of Hearing V 9. DPS Case Summary Sheet /' 10. DPS Field �Ch_e/ck n V 4// 11 . of GLG!-(,UY 9 o-is r7 /1/40c/o-Gazani rat" /4 tA/fu^.CXO, 12. 9-a7- 75 ifurrrl ix /9Aw4. Cervnica 13.-.e.f; /94.42_ /"P& �/��m Lth en, / .4, ctertd ds�r}G/94- l/ 14. .3� (/i.�yGe�yt�temO1enz, !M G t, ed.04d/sryCo/9Ps t7- 15. /K,e/n O,� EJtut, e,;..) G Zv 040-÷-44/ .5,742.7.S fit ti 16. Dome pal o `i d. �l �,;'a �a Zc S /I%51 17. (.J.� ,6& 4X eYaa. iLleeCo __ /a/5 18.AstzAj"'Co see, `5� � da d d '.2/ /915or-. 19 ` ,f a,ie,t,G�* .. s0,a Cew ad/ Noe- hens 20. c itn- p 4w /d 7 .420c -Q-cao detkof M 3 nat, arIA-"""' I hereby certify that then items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certif that these items were forwarded to the Clerk to the Board's office on `3 J9 19 . datai_e_C rrent P12nne J STATE OF COLORADO ) ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS \c\- DAY OF `(Y` d, 19 %6 r SEAL w>_ c a NOTARY PUBLI ,Z;XN/B/7 / l E ; a`9er ba , My Cc nmission Expires Feb. 13, 1989 MY COMMISSION EYPIRFS__ EXHIBIT INVENTORY CONTROL SHEET Case /519- tyy/�i/i ,e?se# ,/.GZc/ Exhibit Submitted By Exhibit Description B. � Q-�"/G /f' i7v. D. 791/S -Gl.,f', /1 .,7 217.0�C!z2 E. F. G. H. I. J. R. L. M. N. 0. 1111•1.--�+(r(�Ir . 'l�t�ifk° of Soto ,11)O �4 $9: yam'/ WE-86-0009 RICHARD D.LAMM • o * JOHN W. ROLD GOVERNOR }\ �y,' DIRECTOR /876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 October 21, 1985 Ms. Debbie deBesche Weld County Dept. of Planning Services u u T 2' 1985 • 915 10th Street Greeley, CO 80631 Weld Co. Planning Commission RE: COLUMBINE IRON AND METALS, INC. Dear Ms. deBesche: We have reviewed the application and the discussion of mining and surface fea- tures by McCarty Engineering Consultants. We concur with Mr. Applegate's con- clusions that subsidence is possible at the site. We have no objection to the proposed land use. However, the land owner should be aware that any subsidence may be potentially damaging to permanent construction. It is unclear from the application if new buildings are to be built, or the existing buildings reused for the facility. We recommend that any new construction be designed as light— weight and easily repairable. The mobile trailer, and any other building to be serviced with gas, should be equiped with flexible gas couplings to accommodate subsidence. If these recommendations are followed, and the land owner is prepared for po- tential subsidence, we have no objection to this proposed land use. Sincerely, Julia E. Turney Engineering Geologist bcr:JET-86-020 ra ;eu :33'3 GEOLOGY STORY OF THE PAST...KEY TO THE FUTURE Nglir Boulder Valley Soil Conservation District 9595 Nelson Road, Box D - Longmont,Colorado 80501 November 1, 1985 Ms. Debbie deBesche, Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Norman Lovely USR-700:85:44 Dear Debbie: The Soil Conservation District was contacted by Norman Lovely regarding comments made by the District during the review process. Since that time an on-site inspection was made and it was evident that the site is mostly covered with mine spoil material and revegetation would be nearly impossible. There appears to presently be enough vegetation to provide wind protection. Also the extent of the scrap metal operation appears to be minimal and recycling of materials will occur before any deterioration by rust is significant. The impact of this operation on surface water quality should be negligible. If you have any questions, please call our office at 776-4034. Sincerely, Jack C. Wheeler President � cc: Norman Lovely • C? ?232 CONSERVATION - DEVELOPMENT • SELF-GOVERNMENT oF.COin • • ati Governor RICHGo 9O JERIS A. DANIELSON i vl H O State Engineer 1876* OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 March 7, 1986 Ms. Debbie deBesche Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Special Use Review for Columbine Iron and Metals Sec. 15, TIN, R68W Dear Ms. deBesche: We have received additional information on the above referenced case from Alan Berryman, the Division Engineer for the South Platte River basin. He indicates that this well may be used for present uses (one bathroom limited to 15 gpm), without impairing the water supply to which a senior appropriator is entitled. We understand that water use will not change if the Special Use is approved. If this is true, we do not object to approval . Sincerely, ledt)Hal D. impson, P.E. Deputy State Engineer HDS/JRH:ma/7194H cc: Alan Berryman, Div. Eng. Steve Lautenschlager f"AR 17 )986 Weld Co. Planning Commission 6S s„�..-;.333+�. Date: September 23, 1985 CASE NUMBER: USR-700:85:44 NAME: Norman Lovely d/b/a Columbine Iron & Metals, Inc. ADDRESS: 3747 Weld County Road 8, Erie, Colorado 80516 REQUEST: A Use by Special Review permit for recycling yard for ferrous and nonferrous metals and wooden pallets LEGAL DESCRIPTION: Part of the 51 of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: West cf I-25 and north of Weld County Road 8 — Approximately 3 miles east of Erie, and 3 miles southwest of Dacono. 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 policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The subject site is located within a Geologic Hazard Overlay District area. Condition for approval number two addresses this concern; - The City of Erie has recommended conditional approval to this proposal . Their concerns, are addressed in additional comments; and — Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. ,,x-„rj'l.:+:a Vie,:` Norman Loveley d/b/a Columbine Iron & Metals, Inc. USR-700:85:44 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. Prior to scheduling a hearing before the Board of County Commissioners, the applicant shall obtain approval of a Geologic Hazard Overlay Development Permit application from the Department of Planning Services. The application shall be submitted to the Department of Planning Services within thirty (30) days after the Weld County Planning Commission hearing. 3. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk & Recorder. 4. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-700:85:44. 5. Prior to recording the Use by Special Review plat, the applicant shall submit a Erosion Control Plan to the Boulder Valley Soil Conservation District for review and approval. A copy of the approved plan shall be delivered to the Department of Planning Services. 6. Prior to scheduling a hearing before the Board of County Commissioners the applicant shall submit information to The Division of Water Resources for review and approval regarding their water source for the site. A letter of approval shall be delivered to the Department of Planning Services. I.._ L a)42.Q.) DEVELOPMENT STANDARDS Norman Lovely d/b/a Columbine Iron & Metals, Inc. USR-700:85:44 1. The Use by Special Review permit is for a recycling yard for ferrous and nonferrous metals and wooden pallets, as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed hereon. 2. A ten foot (10') landscaping strip along Weld County Road 8 shall be provided as shown hereon. 3. The wooden pallets shall be stacked in rolls of not more than 500 pallets per row, and separated by not less than 10 feet from adjoining rows or stacks. Each stack shall not exceed 10 feet in height. 4. Access roads to all buildings shall be maintained and open to allow for a minimum of 15 feet clearance to all building and storage areas. 5. A minimum twenty thousand (20,000) gallon water storage tank shall be located on the premises, within 30 days of approval from the Board of County Commissioners. The tank shall be full at all times and shall have a fire department connection which meets the approval of the Dacono Area Fire Protection District. 6. All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 7. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 of the Weld County Zoning Ordinance. 8. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 of the Weld County Zoning Ordinance. 9. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. Development Standards USR-700:85:44 Norman Lovely d/b/a/ Columbine Iron & Metals, Inc. Page 2 10. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above 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 and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11 . The property owner and/or operator of this operation 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. ADDITIONAL COMMENTS Norman Lovely d/b/a Columbine Iron & Metals, Inc. USR-700:85:44 The City of Frie recommended a solid 6 foot fence along Weld County Road 8 rather than the 10 foot landscaping buffer proposed by the applicant. A field check of the area showed that a 6 foot fence would have little or no impact due to the terrain of the land, equipment used on the site, and the location of I-25. r) C3 39 T AMOCO Amoco Production Company Denver Region 1670 Broadway P.O.Box 800 Denver.Colorado 80201 303-830-4040 Neal H. Peters Attorney September 27, 1985 Mr. Norman Lovely Columbine Iron and Metals, Inc. 3747 Weld County Road 8 Erie, Colorado 80516 Re: Case Number: USR-700:85:44 For A Use by Special Review permit for ferrous and nonferrous metals and wooden pallets in Part of the Si, Section 15, TIN, R68W, of the 6th P.M. , Weld County, Colorado. Dear Mr. Lovely: On September 25, 1985 Molly Sommerville, an Attorney for Champlin Petroleum Company, Pam Staley, an Engineer for Amoco Production Company and I met with you to discuss the impact of the above referenced application on oil and gas exploration and production on the subject property. Our understanding, based on visual inspection of your current operations and your statements that your application was to provide for more of the same type of operations, was that oil and -gas exploration and production would not be inhibited by your operations. Further, we appreciated your representations that you welcomed oil and gas exploration and production, saw them as compatible with your opera- tions, and that you would cooperate willingly with site selection, access, and location of facilities for oil and gas operations. Based upon our understanding, as set forth above, we have no objection to your application before the Weld County Planning Commission and by a copy of this letter are so informing them, noting only that the oil and gas estate is the dominant estate and that Champlin and Amoco wish to preserve all the rights they have to drill and produce oil and gas from the subject lands in accordance with all governmental rules and regulations. Very trul yours, Neal H. Peters r�;r�1 � NHP:ce �P ' 01985 cc: Weld County Department of Planning Services Molly Sommerville Pam Staley Weld Co. Planning Cnmmissiohl c •COe OF O9O RICHARD D. LAMM F O JERIS A. DANIELSON Governor State Engineer /876 * OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 September 20, 1985 Ms. Debbie deBesche Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Special Use Review for Columbine Iron & Metals, Inc. , Sec. 15, T1N, R68W, USR-700:85:44 Dear Ms. deBesche: As requested, we have reviewed the above referenced use by special review permit application for a recycling yard for ferrous and non ferrous metals and wooden palletts approximately 3 miles east of Erie, Colorado in Weld County. Our records show two wells in the vicinity (permits #3917F and 20713F) . Until the applicant furnishes information regarding the source of the water from the well and which well is to be used, we cannot comment on the proposal . Therefore we cannot recommend approval of this application. Sincerely, Yv Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:ma/5726H cc : Alan Berryman, Div. Eng. Steve Lautenschlager 0,8155',J (Vg EP 25 1985 Weld Co. Plannnlq Cnmmissian LAND-USE APPLICATION SUMMARY SHEET Date: September 24, 1985 CASE NUMBER: USR-700:85:44 NAME: Norman Lovely d/b/a Columbine Iron and Metals, Inc. ADDRESS 3747 Weld County Road 8, Erie, Colorado 80516 REQUEST: A Use by Special Review permit for a recycling yard for ferrous and nonferrous metals and wooden pallets with accessory buildings and outside storage. LEGAL. DESCRIPTION: Part of the Ski, Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: West of I-25 and north of Weld County Road 8; approximately 3 miles east of Erie and 3 miles southwest of Dacono SIZE OF PARCEL: 48 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal are listed in Section 24.3 of the Weld County Zoning Ordinance. A Geologic Hazard Overlay District affects the site. A Geologic Hazard Development permit will need to be obtained from the Department of Planning Services. The following referral entities have offered specific recommendations: Tri-Area Planning Commission in a letter dated September 6, 1985; Boulder Valley Soil Conservation District in a letter dated September 6, 1985; Town of Erie in a referral dated September 5, 1985; The Dacono Fire Protection District in a letter dated September 1, 1985; The Weld County Health Department in a memo dated September 12, 1985. Copies of these letters have been made a part of the Land Use Summary application. The Department of Planning Services has not received a referral from the State Engineer, Division of Water Resources. t FIELD CHECK FILING NUMBER: USR-700:85:44 DATE OF INSPECTION: September 19, 1985 NAME: Norman Lovely d/b/a Columbine Iron & Metal Inc. REQUEST: Recycling yard for ferrous an, non ferrous metals and wooden pallets. LEGAL DESCRIPTION: Pt. of the 81 of Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie and 3 miles southwest of Dacono, west of I-25 and north of Weld County Road 8. LAND USE: N Farmland E I-25 - Farmland S Weld County Road 8 - Farmland W Rail and track material sorting plant ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access is to Weld County Road 8, a paved road. Structures consist of a mobile home, power trailer, 2 office buildings, and 5 storage and out buildings. There are existing trees (approximately 20) east of the entrance along Weld County Road 8. The nearest residence is located at least 1/2 mile to the southwest. By:i0 Debbie deBesche Current Planner nri yln Tri-Area Planning Commission P. 0. Box 363 Frederick, CO 80530 September 6 , 1985 Ms . Debbie deBesche Current Planner Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Ms . deBesche : At our regular meeting of the Tri-Area Planning Commission held on September 3 , 1985 application from Norman Lovely d/b/a Columbia Iron and Metals , Inc . , for a Use by Special Review Permit for a recycling yard for ferrous and nonferrous metals and wooden palletts was on the agenda . This Commission voted to deny application for the following reasons: 1 . Mr. Lovely was not present to answer questions regarding his application. This Commission has decided to become very strict in this aspect, we feel anyone with an application before this Commission should be present. This is going to hold bearing on all future applications . You may very well want to inform future applicants of this requirement. 2. We do not approve for fear it could become a future junk yard and health hazard to the area . 11 Weld Co. Planning Cummissim1 Earial3 Ms . Debbie deBesche Current Planner Department of Planning Services September 6 , 1985 Page 2 We , as a planning commission are organized to look at future growth and what is best for the community. Something like this is in our own back yard and we , as a community will have to live with it for the rest of our lives . This is not what we consider future growth. Should you have any questions , please don ' t hesitate to call Iva Renner at 1-833-3835 . Sincerely, ql)ile-e-ct-- Rebecca E. Marker Secretary Tri-Area Planning Commission rm iC E" 0 H985 ri i ` Weld Co. Planning 1ummissiau C Boulder Valley Soil Conservation District 9595 Nelson Road, Box D - Longmont, Colorado 80501 September 6, 1985 Ms. Debbie deBesche, Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Norman Lovely d/b/a/ Columbine Iron and Metals, Inc. Use by Special Review Dear Debbie: The Erosion Control Plan for this site should include seeding of native grasses to disturbed areas to prevent wind and water erosion. It may be necessary to construct a diversion and storm water retention facility along the northern boundary of the site to contain any metals that may be intercepted in the storage yards. Iron particles in the drainageway could cause some acidity problems if accumulated over a long period of time. Reseeding of the site with proper weed control will be required if the operation closes down. Sincerely, 92-telt C . /%/ :h/ Jack C. Wheeler President TL!T?WE Weld Co. Planning Commission CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT ] (� DEPARTPt- ANT OF PLANNING SERVICES iew PHONE(303)356-4000 EXT. 4400 � �;�� 915 Mb STREET "`�v ;:,� ,;y GREELEY, COLORADO 80631 1 wffAtt 0 pt CASE NUMBER USR-700:85:44 COLORADO August 27, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from Norman Lovely d/b/a Columbine Iron and Metals, Inc. , for a Use by Special Review Permit for a recycling yard for ferrous and nonferrous metals and wooden palletts. The parcel of land is described as part of the Sk, Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west of I-25 and north of Weld County Road 8; approximately 3 miles east of Erie and 3 miles, more or less, southwest of Dacono. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by September 11, 1985, so that we may give full consideration to your recommendation. 1. X We have_L reviewed this request and find that the request hvl- (does/does not) comply with our Comprehensive Plan for the following reasons. -. eetaZC i l000rrkidGOuc /resod-*afrned.SSyy��zu w�ra . „ ,d R xioad 'oesee. RC91ty Wad(b. •,fajttu �YFuc , e/lLsaoca'viri bu,*A.- land wit io t 4sic / so why hxlsl� fie/u ire e o recam,ntada ibm-ni aocc.41-,Mkt 44,n(a6i Gc. 1a vY.n+#'cfft+1u.c2wsw 2. We do not have a Comprehensive Plan, but we feel this oft/vder • S• request (is/is not) compatible with the interests of our town for the following reasons: 3. A formal recommendation is under consideration and will be submitted to you prior to: 4. Please refer j to the enclosed letter. /� [ /1 ,.'0 Signed: Q �. c l25 Agency: It t n ohs , eeMn/ M4 heb+ntl?� Date: /5/". (/ ( (((/// Thank you very much for your help and cooperation in this matter. Debbie deBesche (� Current Planner 0j—j J 2,j1 (W car 06 1985 Weld Co. Planning Commission ts`0.„2,339 C C -zags d sa ? ra Pr©tecticn D thra • i September 1, 1985 r Debbie DeBesche--Planner Department of Planning Services 915 10th Street Greeley, Colorado 80631 Weld County Planning: As per the request of Mr. Norman Lovely, dba, Columbine Iron & Metals, we wish to submit the following comments on the application: With a total of 8 buildings shown in the application, including offices, mobile home, and storage buildings, we feel the 10,000 gallon water storage proposed to be in-adequate, especially considering the storage of wooden pallets. Without the pallet storage, 10,000 gallon would be sufficient. We recommend that a minimum of 20,000 gallons of water on sight in a storage tank and that a fire department connection be put on the tank for our use. Pallets should be stacked in rows of not more than 500 pallets per row, and seperated by not less than 10 feet from adjoining rows or stacks. These stacks should not exceed 10 feet in heigth. . Trash, rubbish as stated should be transported to the nearest approved _receival sight and no burning on sight allowed, unless special conditions are met and an approved, covered burn container is installed. Access roads to all buildings will be maintained and open to allow for a minimum of 15 feet clearance to all buildings and storage areas for fire equipment to enter. With these recommendations in mind, we would have no further problems with this application. ^ 1 i `/' ,t /Joseph W. Fuss r/ District Fire Chief 0 rEJ TEW ;Ef' 0 10e5 Weld Co. Plannine Cammicsipi, DACONO, COLORADO 30514 4 "✓ i3w 6,(\it t MEMORAnDUM WIlDo To Weld County Planning Date Captamhar 1,, 19RS COLORADO From All n Palmgnist >/� Subject: Case Number DSR-700.85.44 1. The existing septic system will have to be evaluated to determine what, if any of the proposed facilities can be hooked to it. Any new septic system(s) will be installed according to the Weld County Individual Sewage Disposal System Regulations by a Weld County Licensed Installer. 2. The 10,000 gallon water storage tank should be constructed in such a manner as to be able to provide water of acceptable quality as determined by periodic bacterial analyses. If the above are complied with, then we have no problems with this system. 1 ;; 1985 Commission Weld Co. Planning f C REFERRAL LIST APPLICANT: Norman Lovely CASE NUMBER: USR-700:85:44 SENT REFERRALS OUT: August 28, 1985 TO BE RECEIVED BY: September 11, 1985 NO SR NR NO SR NR County Attorney X X Town of Erie c/o Roger Harding X X Weld County Health Dept. P.O. Box 100 Erie, CO 80516 X X Engineering Department )< X Town of Dacono County Extension Agent c/o Iva Renner P.O. Box 186 X Office of Emergency Mngmt Dacono, CO 80514 X State Engineer X X Dacono Fire Protection Division of Water Resources District 1313 Sherman St. , Room 818 c/o Chief, S. W. Fuss Denver, CO 80203 P.O. Box 40 Dacono, CO 80514 X State Highway Department 1420 2nd Street x X Longmont SCS Greeley, CO 80631 9595 Nelson Road P.O. Box D _ Colorado Department of Health Longmont, CO 80501 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 Louis Rademacher 13184 Weld County Road 13 Longmont, CO 80501 NO=No Objection SR=Specific Recommendations NR=No Response (a�r� S.d�t'l :333 DEP9"'l .ENT OF PLANNING SERVICES ay/ f (< ` PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 i ®; COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, October 1, 1985, at 1:30 p.m. to review a request from Norman Lovely d/b/a Columbine Iron and Metals, Inc. , for approval of a Use by Special Review Permit for a recycling yard for ferrous and nonferrous metals and wood on a parcel of land described as part of the S1, Section 15, TIN, R68W Weld County, Colorado, containing 65 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on October 1, 1985. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Sharon Linhart, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by August 29, 1985 (publication date) Received by: e IO Date: I rsO ) 8S� Cyt�a3n C C MAILING LIST Norman Lovely USR-400:85:44 Erie Road Joint Venture c/o Robert P. Marx 4285 South Broadway Englewood, Colorado 80110 John T. , Shirley A. and Gary Lee Cleland 2474 Weld County Road 7 Erie, Colorado 80516 Union Pacific Land Resources Corporation P.O. Box 2500 Broomfield, Colorado 80020 Roland and Izola B. Bury 2888 I-25 Frontage Road Erie, Colorado 80516 Earl L. and Ruth S. Arneson 3206 Weld County Road 8 Erie, Colorado 80516 MINERAL OWNERS Norman Lovely USR-400:85:44 Union Pacific Railroad Company P.O. Box 2500 Broomfield, Colorado 80020 M � '° •1• z• : it II ( r •I r"a7`p?•/A-rTr . I. .h�• .• i �- :.:27- j�/ r"' i" 4 :V. j. s8° • � _ f Fes 'rilr•mss>'',� fix°/ A7.• ///yyy o • -t-.. • ,� ' r la ; a i°• • E<.ir-III. 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C _i"dJ.'5FY 4yayc ' Iiv�k_ Y` - .,yYYjli, *S{y s nt x� x { F' < ,y.. ,A• "1 ``, t'( Pk v:4,7..1.:-':I 4 ' F} .ri 4'.K f �dJ.'?u Y''� i�N t�t+d� `" w �' lS . max .r i Columbine Iron & Metal, Inc. July l 7, 1985 Norman Lovely TO: Mr. Rod Allison , Dept. of Planning Services RE: SPECIAL REVIEW PERMIT Enclosed please find application and other required information for Use by Special Review Permit for our Site . Should you have any questions or require more information, please call me. Sincerely, Columbine Iron and Metal, Inc . Norman Lovely Enclosures: Application form Names of adjacent property owners Affidavit of Interest Owners Surface Estate Board of County Commissioners Sign Posting Certificate Planning Commission Sign Posting Certificate Application Requirements Property Legal Description Soil Survey Analysis and Engineering Report 3747 Weld County Rood #8 • Erie, Colorodo 80516 • 666-8702 • 303/758-3946 (Home) Ar,!TOATION IMF BY SPECIAl. REVIPW Department of Planning Services, 915 Tenth Slroot, Greeley, Colorado Rf631 Mono - 956-4000 _ Ext. 4100 Cane Nnmhnr -..- Nate Received Application f:hoeke,l by Ovlar plot submitted ---- AppliceOlon Fee Receipt thmher Recording Fee Receipt Number • TO BE COMPLETED BY APPLICANT: (plenee print or type, except for necessary sipnatore) 1 (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld Cooney Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: art of the TREAT. DESCRI PT Ills OF SPECIAL REVIEW PERMIT Ak(A:South IF Section 15 T I 5, R 668W LErAI. ❑ESCR1P TON of roniiguoun property owned upon which Special Review Permit in propoaed: Section T N, R W (SEE ATTACHED LEGAL) Property Address fir nvanahle) 374,1 WeLd_Ceunty Road EL _ rscserr ZONE A OVERTAY ZONES -- TRIAL ACREAGE 65 acres - PROPOSED LAID USE:RECYCLING YARD FOR FERROUS & NON-FERROUS METALS AND WOODEN PALLETS WITH ACCESSORY BUILDINGS AND OUTSIDE STORAGE. EXISTING LAND USE:COAL MINE AND RAIL FACILITY AND THE USES LISTED ABOVE. slIRFACE Ft% (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAI. REVIEW: Name: Norman Lovely_ . Addrer d/h/a Columbine Iron & Metals Inc. -- _ ---- __. 3Z4Z W.C.B_k_8_____ cttyFria.__Caln.- -- RtrBO51e Dome Telephone 0758_39.46_-. -- Puniness Telephone ^___666-R702 Name : Alarms -__ city Zip_ Nome Tel pl ne 0 R sine_ss Telephone 0 Nam e: ..--.._—Address: City Zip — -- - -----Pomp Telephone A 0 Bunlnr^s Telephone 0 APPLICANT OR AUTHORIZED AGENT (if different than above): Fl.nnr: AddresetCity Zip Mere 'telephone 0 _ Puniness Tel oplone 0 Ilet the (s) and/er lessees of mineral r1Bhts on or under the subject properties of record. Nnee:__Union_Pacifie_Rai l road. _ _ ___ Aridre.ss:_1416 Dodge Street citTDmaha. Nebraska gip-_58129 Nam nnerena: City r,m Adnre.nn'— _-------- - City Zip I hereby depose and etate under the pennlltiem of perjury that nll statements, prepasola and/or plena .n,bmltled with or contained within thin application are true and correct to the beet of my knowledge. COUNTY OF WAIL ) STA1F OF COIORAOO ) ,) �$Fge _: Owner of Authorized AiRent Suhecril-ed and sworn to before me this /2 day of /J�19 d5 SEAT $4j �� s NOTARY PUBLIC /7 77-1/3tK -u-i fb rnrminsien expir •es •� /y✓% -s�G<e eU. " 3/ y y/ LEGAL DESCRIPTION ALL THAT PART OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY , COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT THAT IS NORTH 30 FEET AND SOUTH 89° 37' WEST, 50 FEET FROM THE SOUTH- EAST CORNER OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 68 WEST; THENCE SOUTH 89° 37' WEST, 879 FEET ALONG A STRAIGHT LINE THAT IS PARALLEL WITH AND 30 FEET DISTANT NORTHERLY MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SECTION 15 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 37' WEST, 2040 FEET CONTINUING ALONG SAID LINE. THENCE NORTH 227 FEET; THENCE NORTH 67° 57' EAST, 2193 FEET; THENCE SOUTH 0° 23' EAST, 1037 FEET,MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT TRACTS OF LAND DEEDED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO IN BOOK 1539, PAGE 489, RECEPTION NO. 1311863, WELD COUNTY RECORDS. SAID TRACT BEING SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property NORMAN LOVELY d/b/a/ COLUMBINE IRON & METALS, INC. PART OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. Jert—ego74e GERALD B. McRAE The foregoing instrument was subscribed and sworn to before me this /j r c6ra Gtr/ _ day 'gf . 19�S. -WITjUS .. hand n� d official seal. My Commission expires: ifn -c;c - GPI e , otary Public NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type • NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION O ERIE. ROAD JOINT,'VENTWRE_ ' 4285 S. 'BROADWAY C/0 ROBERT P. MARX ENGLEWOOD, CD. 80110 62146715000065 JOHN T. CLELAND, SHIRLEY A. 2474 WCR NO. 7 CLELAND & GARY LEE CLELAND ERIE, CO. 80516 62146715000059 • UNION PACIFIC LAND RESOURCES P.O. BOX 2500 CORPORATION BROOMFIELD, CO. 80020 62146714000007 ROLAND BURY & IZOLA B. BURY 2888 1-25 FRONTAGE RD. ERIE, CO. 80516 62146723000048 EARL L. ARNESON & RUTH S. 3206 WCR NO. 8 ARNESON ERIE, CO, 80516 62146722000022 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property NORMAN LOVELY d/b/a/ COLUMBINE IRON & METALS, INC. PART OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6th P.M. , WELD COUNTY , COLORADO. STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstr ct company or an attorney. at � to GERALD B. McRAE The foregoing instrument was subscribed and sworn to before me this /—D day of ?SI , 19 --- WITNESS my hand and official seal. My Commission expires: /0 _,a) o7 S. G & ?c e n ) -(--#771C A�,� Notary Public / Oii u - 1AA1.E;..ADDRE§-s, TOWN/CITY, STATE ASSESSOR'S PARCEL AND !W'tODE IDENTIFICATION # UNION PACIFIC RAILROAD COMPANY P.O. BOX 2500 BROOMFIELD, CO. 80020 NORMAN D. LOVELY D/B/A/ COLUMBINE IRON AND METALS, INC. APPLICATION REQUIREMENTS: 1 . A complete application from is attached. 2 . Detailed description of proposed operation and use: A. Explain proposed use: This site will be used for recycling of ferrous and non-ferrous metals . Metals will be brought to the site, graded, processed and shipped to steel mills and foundries . The facility consists of a main office building with truck scale, an auxillery office, a power trailer, five buildings for inside sorting and storage and a mobile home for a watchman. and outside storage areas . Proper application will be made to Weld County if additional buildings are to be constructed. The existing access is located about 800 feet West of the I-25 Right-of-Way and will continue to be used. The existing site being used for the recycling operation (South of the railroad) is about 15 Acres . We understand there is a current application to use the railroad Right-of-Way for similar uses . B. Explain the need for the use: Throughout the country, there exists a need to conserve existing ferrous and non-ferrous resources and provide efficient recycling of same . C. Explain the types of existing uses on surrounding properties: The property to the north is agriculture as is that to the west and south. The property to the east is Interstate 25 . Although the surrounding prop- erty is agriculture, this site operated some 50 years as a rail facility, coal mine and equipment storage area and is not suitable for housing development or agriculture due to the extensive mining operation previously done at this site . (see Engineering report . ) D. The distance of the proposed use to residential structures in each direction: The closest residential struture is approximately two miles west . E. Maximum number of users , patrons , members and buyers: Approximately twenty per day. 1 F. The number of employees, number of shifts and hours of operations: It is estimated we will have approxi- mately ten employees with one eight-hour shift daily with the possiblity of overtime . G. The type of water source for the proposed use: Existing well (see statement 2K. ) H. Explain access routes to be utilized for the pro- posed use: Access will be off Weld County Road and I-25 . I . Explain type , size, weight and frequency of vehicular traffic associated with proposed use: Cars, pick-ups, semi-trailer trucks estimated at 10 per day. J. The type of sewage facility for the proposed use : Existing septic tank and leaching field . K. A description of the proposed fire protection meas- ures associated with the proposed use: Dacona Fire District , fire extinguishers and proposed 10 , 000 gal . water storage tank, ! and ground and weeds sprayed. L. The types and maximum number of animals to be concen- trated on the use by special review at any one time : Family pet dogs and a watch dog . No other animals . M .. The type and size of any waste , stockpile, or storage area associated with proposed use: There may be stockpiles unprepared and prepared ferrous and non- ferrous metals not over 20 feet in height. - Other outside storage may include wooden pallet re- cycling and storage. Any waste material will be hauled to proper land fills . Materials will be stored outside as well as inside block buildings . N. Type of storm water retention facilities associated with proposed use: We will make no changes in the current contours of the land for runoff of storm water as the natural drainage seems to be sufficient . O. The time schedule and method of removal and disposal of debris , junk and other wastes associated with 2 proposed use:Continous , on-going process of re-cycling of ferrous and non-ferrous resources, by truck and rail . All debris will be hauld to proper landfills. P. Explain proposed landscaping plans and erosion control measures associated with proposed use: Erosion control measures do not appear necessary as this property seems to be contoured in such manner as to control and/or avoid erosion. Deserted buildings have been leveled and site grading begun. Electrical wires will be placed underground. Q. Reclamation procedures to be employed upon cessation of the use by special review activity:None will be required (should the site be vacated) when equipment and inventory are removed. R. A time table showing periods of time required for construction and start-up of proposed use: In operation as of this date . SECTION III The Columbine Iron and Metals, Inc . has purchased this property from the defunct Eagle Mine Corporation. It has not been used for a number of years and is part of the old marshaling yard of Eagle Mine. We are in no way affecting the agriculture land of Weld County as it has not been a part of the agricultural attitude of Weld County for many years and due to the coal mining operation, is unsuitable for agriculture and/or housing development. None of the functions which will be performed at this site by Columbine Iron and Metals , Inc . will endanger the health, safety or welfare of the inhabitants of the neighborhood and county. This site is not located in a flood plain nor in the Weld County Airport overlay district . However, the site is lo- cated in an area of geologic hazard. Attached, please find report from McRae and Short, Engineering, Surveying, Planning firm, advising this property is suitable and stable for this operation. Water from existing well is used and a proposed 10 , 000 gal . water tank is to be installed. L ,, j39 3 A copy of the legal description of the property is attached . A soil report of the site gives proper description of the soil, its limitations and uses is attached. A list of names and addresses of all property owners within 500 feet of property is attached. The mineral rights to this property are retained by the Union Pacific Railroad. 4 F ta.,), u e.Si SOI 943' 1 JUt _ e DBI QO (y I( I rcrrTIC`t .... ti..... DATE TIME 0 '")/`.` MARY A:di r.l._n5 FEIN, Clerk and Recorder W::u rO!,,,-,., • 3— f �a UNITED STATES MARSHAL'S DEED Civil No. 7741-12• • e, CW5 3jtttrihttt, ,Ifade and entered into this,_16th day o/_. .Iuy________________________ In theyear of our Lord 19 81 , between Rafael E. Juarez . Colorado United States Marshal for the Ohm t of_ hrl cutler o/his(rifler of the ft 'part,and Norma, rov 1Y, assignee of Hartg;e, al G as trustees o_ t .he United Wine Workers ry H of hiierica • �'uc �' mC.,-tilt fs' ;a, of Yfr _. . __. Cx_CJ and_. County of Denver and • Stace of Colorado of the second part: titnt5tIIl, That whereas, at a regular Term of the District Court • fir the United Sort rt States, held in and �r said District,on the 1st day o/. Sentanhor rr the mar.1. P.. 19 78 Norman Lovely, assignee of Harry {{u�r. r J ::vies nrxl Pauii R Den ds CM ices of the United `fine Workers of w:eriea iieiiFth and Ret triricnt Funds _ .. _.._. /tune r/), ever r:reef ajuddnrent against ' Imperthl Coal Company . ... _ , Defendant,in a certain plea pleianfor the SUM of One Hundred Fifty Thousand Dollars and no/cents and ftszepaid fret! AptmGeF11fts1'9r78 suit;alit!whereas,on the 3rd... .. _.. day of March ,.1. 1). 19 81 a II'rit of. .. Executtat t.sriued/roes sold United States District Court for the cottertion of said judgment, which said I!'n t wos directed to said _. Pafael E, Juarez . . f United States Marshal as aforesaid, and that said Writ was levied by the said United Stater Mended l by virtue of his office, and according to the statute in such case made and prodded, on the7nd,_9th, demApril__.__.. of_......_. _._._ , d. D. IJ.BI_.., upon a 16th and-27rd certain tract or pareel of land, hereinafter described,and which said land was advertised for .sale by said United States .Marshal acenrdDre to lace, and afterwards, to rrit: On the 5th day of _. ....CLTY _., .1. D. 1981 , in pursuance of said • advertisement, the said United States Marshal exposed said land to public sale 9:15 a,m, at the front <Iev+r of the Up,/ Norma, Lovely, assignee of Harry Pure, {field County Courthouse _. _. ..... C.W. Devi s rand Haul R. C� es i s of the S.'ixt - Ftin pryer r m_rica 1 ❑'and Rctirc .. ... .. bid the sure of._• text' v: lktoh sutra In---Mee hurter& `r). Pt'- merit this being the amount of the protective bid %Ids TTW And.35/100' ....... _.., -dollars therefor, which bring the highest and best bid the soh/hunt and premises. .mss..struck olT ar asold to him tat:s id e Unit I itHe Y. ' assignee of Harry Huge, C.W. Davies, and Paul A as II! trustees o� the Urii[eil 2Tihe Workers of America Health and Retire-.., which wilt more fully appear by reference to a merit Ftax3s certificate of purchase elven to said Noncan Lovely, assignee of Harry Hv tge, C.W.C,W. Dies, ape! ?aul R. Dean, as trustees of the United Mine Workers of America Health-and Retirement I by [ ua said United States Marshal, bearing date the 5th day of May 19 81, 1W r;i/tr c o uddclr rev h se and enti loate Che iarw Nnin lovely, assignee of F,arr+-ikt•c 'C..l. I)av��s, and�auel �. Dfan, a; �staes o ,e United'tine t,orkers of America Health and Retirement Raids and grittssigns became entitled to a Deed for the said premises from the said United States Marshal, because the said premises were not rcdrvvr,.d necunliug to law, r,�� ROOK RECEPTION_�..1_Sli]lt!a £1111 WflherLl4, tho sold certificate of purchase wag on the _ 5:1 d•nr••/.. 1��._ ,.7. ft. /9..81..duly rtnsfnrrcrl by the enfd..Rafael, E,..Jui rCz, United Sr:gce Fire:u°1 10 Nonrvat lovely, assignee of Ilaf{'y li t e, C.W. nov1c. ;nd Paul R. Ocnn, ;is trustees'Ott Cnfted Hine Workers of hmrica _health end Roth-men! F\uu1s who once hold the saner for value received: slob Therefore, 1, _ ..._Rafael E. Juarez , United States .1/arsiral of mid /rfsl reel, by virtue of any office, cud by force of the statute in such vase made and prorated,for and in 'oar ideration of Sixty-Six Tivxtwand Three Mmr4ed by protecCve hie Fifty-two mid 35/100 ihrPI rs in brie k-lU! Yr mr In Vlhr N9rq-in Ipyely, .. ssirnee of ltlrry H¢Pb• a'•i nn ar v.in, -I. tnrstecs n_ t c n'tet 1-Ene tAor'rcrs o IV crtca Health and I`clircelent rtnnls Lm,' :/aril,d, bar^cairn-,1, on,! sofa!, and by these presents du _Iran!, bar?rein, and .cell rr rein Ibr mild Nerran Vvely, atis rlg,ee of Rip-yr Hep!e Cid. Davies all the ridlrt, tid (-ai an,.,, Lr�^,[ce o F. unitel-.-Tine !urkers o I Niter's "ml[c and Pe 1.rcrenpr Fria^ Fitt., n'Fve-I, and dal,,, aloch the sort( -LmperfdY CoatCa''any.. - - , !lr fenrlunt,on the day of sale aforesaid, had in and to the fol(olrinealeseribed trial or pared of lard, to wit: All that part of Section Fifteen (15), Township One (I), North, Range Sixty-Eight (68) West of the Sixth Principal Meridian, described as follcs,n: Beginning at a point that..is North 30,feet and South 89° 37' West, 50.feet fruit the Southeast corner of Section Fifteen (15), Township One (1)_North, Range Sixty-eight (68).West: thence South 89° 37' West 2919 feet along a straight.line that is..parallel with and 30 feet distant northerly measured at right angles, from the South line of said Section Fifteen (15) to a point; thence North 227 feet to a point:. thence North _._. 6P 57' East 2193 feet to a point, thence North 13° 25' East 1060 feet more or . . less to a point on the South right-of-way line of the Boulder branch of the Union Pacific Railroad Co.; thence Southeasterly along said South right-of-way line of ithe Boulder branch of the Union Pacific/ioa al point road o that is 100 feet distant Westerly, measured at right angles, from the east line of said Section Fifteen, thence South 835.feet LO H point; thence South 9'. 50' Fast 300 feet to a point that is 50 feet distant Westerly,.measured at right angles, Iran said east line of Section Fifteen (15); thence South 683 feet arvre or less..to the place of beginning, __ ...... .... .. . .......... ........... • e(an:�1.f:12 RCCLPtICtl..__.___.._.._3.._ ff • • 7!)nUr nub to ?holll, the said tract or parcel of land, together with the giaf�/m rlrnunces l/renver I 7 rl ne'u e, Beat(a N c .void Normvl Igve1y essippnnee of Haccrryy e", C.4:, ❑aviev, %net lyati . '�e:dl as trus�ees of the IInitect "ine W0Ykc24 of hrrrrica Health and Retirement Ftmdd5rr,/ _-_its heir,.end a.vsidnx forcrrr �It Witne55 'Affect,I have hereunto set my band and seal this 2!st dig/ of July. _.._ ._ , in the year of our ,ord one tiratesn,d nine hundred • and.. ._fighcY.-One c 1 ' € Raf e . uarez -- Ise:'Ll Ll.nler of Colorado . inniteb ctntt5 of 2hiitritn ... ". . D/.i mitt of Cnl nrne'n } s 1, James R. ,Mans Baker _..___.. Clerk of thee District Court P of the United.Slate.+for(h•• District of Colorado �. do her,by certify, that ._._. Rafael E. Juarez United States,llmxlm! for the sold tr Diet riot of Colorado , roho is to me known to be the person renamed in and who r,reere ted the foregoing Deed of Convey- ance, this day personally appeared before non and acknowledged that he executed the iI{ saner as said 1'n ifed States ,I/arshal,for the uses and purposes therein set forth. -•t ,1. Li Witne55 Wfjtreol, L have hereunto set my hand and .t. 0 •'.,.� - affixedNee Seal of said United States District Court, at the City of Daher to said District, this c. lr^ if,` :4 215._._.day of July ,An the year of our Lord , r . c7. one thousand nine.hundred and Eighty-one _ 7e '.li. Janes et Was item , Clerk �Q5Ly-,-CGa!t SOIL SURVEY OF WEI COUNTY, COLORADO, SOUTI �N PART United Stales Oeparlment of Agriculture, Soil Conservation Service, • In cooperation with the Colorado Agricultural Experiment Station 1$� '}`•��*y6 'Il11;1,14 iu• ] �i ,� •:-'4`0' ti Y{I •.. Fi s .6•7--f:' i# �,(. r•,� � � 1 # JA N63 • 5{5 E {p�� `!! t T s` •e i d 'Ge% Jjyyl/a'R �i.. .JPP { f til • R "y(�,ti }`r��•t 1'1`!fkl .'t '+F�iV 'Ai '1*rite. 1 ft rt t 1'44 g Jf7" ! d � i } ylrr J{1• -, { `4- .[„3 pisi' d � II L Cr'A p t qs •Y 1 j 1�pS}, M18 rS II i I x 1, .,.. ol, 1,rObP [�tiy�{ti • �1 •M h � t • • 4g¢ }a- pr {' [i f i". dr<-" v it -44:1;.,4 . 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(f/fir t .i , ,14 ti•'et I £ t. t, �"S .fa('*.'{ 1 , 'T' yy_ `M •! „2! t } ,L"4'� r a�7r4jt. +�i�a}� � . ��d��tt�SM�r'f{{� "^ ?'� � � R'� 1. i 7�`tr� !y ,��' ,�•i. �. 1�,iM a..�%.' �r�,} i ;B�Li i . ,, ti.„. i A..9, a ivi 't5' i Yo- --- ,:. 1 i' S �� f^ c � 1 g,i • ai• �� itir. iv, ! .i ,,. •h, . 14„, lisrmde 'l�l Y' [ t'AfT tM' �� tit .� !�-. IAA . ;tr ,, 1 .__ , . .' . !. � :I� :.��> 6.�il.�.• �': ,. . 40—Nunn loam, 1 to 3 percent slopes. This is a deep, vegetation should he continued for as many years as well drained soil on terraces at elevations of 4,550 to 5,000 possible following planting. Trees that are best suited and feet. It formed in mixed alluvium. Included in mapping have good survival are Rocky Mountain juniper, eastern are small, long and narrow areas of sand and gravel redcedar, ponderosa pine, Siberian elm, Russian-olive, and deposits and small areas of soils that are subject to occa- hackberry. The shrubs best suited are skunkbush sumac, sional flooding. Some leveled areas are also included. lilac, Siberian peashrub, and American plum. Typically the surface layer of this Nunn soil is grayish Wildlife is an important secondary use of this soil. The brown loam about 12 inches thick. The subsoil is light cropland areas provide favorable habitat for ring-necked brownish gray clay loam about 12 inches thick. The upper pheasant and mourning dove. Many nongame species can part of the substratum is light brownish gray clay loam. be attracted by establishing areas for nesting and escape The lower part to a depth of 60 inches is brown sandy cover. For pheasants, undisturbed nesting cover is essen- loam. is moderately slow. Available water tial and should be included in plans for habitat develop- Permeability Range- capacity is high. The effective rooting depth is 60 inches ment, especially for in e areas mp off intensive igh agriculture.antelope,or more. Surface runoff is medium, and the erosion land wildlife,b example, the pronghorn rin can be hazard is low. attracted by developing livestock watering facilities, In irrigated areas this -soil is suited to all crops nom- managing livestock grazing, and reseeding where needed. This soil has fair to poor potential for urban develop- monly grown in the area, including corn, sugar beets, ment. It has moderate to high shrink swell, low strength, beans, alfalfa, small grain, potatoes, and onions. An exam- and moderately slow permeability. These features create ple of a suitable cropping system is 3 to 4 years of alfalfa problems in dwelling and road construction. Those areas followed by corn, corn for silage, sugar beets, small grain, that have loam or sandy loam in the lower part of the or beans. Generally such characteristics as a high clay substratum are suitable for septic tank absorption fields content or a rapidly permeable substratum slightly and foundations. Some areas of this soil are adjacent to restrict some crops. streams and are subject to occasional flooding. The poten- All methods of irrigation are suitable, but furrow ir- tial is fair for such recreational development as camp and rigation is the most common. Proper irrigation water management is essential. Barnyard manure and commer- picnic areas and playgrounds. Capability subclass Ile ir- riveted, Inc nonirrigated; Loamy Plains range site. cial fertilizer are needed for top yields. Most nonirrigated areas are used for small grain. The soil is summer fallowed in alternate years. Winter wheat is the principal crop. If the crop is winterkilled, spring wheat can be seeded. Generally precipitation is too low for beneficial use of fertilizer. Such practices as stubble mulch farming, striperopping, and minimum tillage are needed to control soil blowing and water erosion. The potential native vegetation is dominated by blue grama. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Potential produc- tion ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grama, buf- falograss, snakeweed, yucca, and fringed sage increase; and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing 8€v 67—Ulm clay loam, 3 to 5 percent slopes. This is a Windbreaks and environmental plantings of trees and deep, well drained soil on plains at elevations of 5,075 to shrubs commonly grown in the area are generally well 5,200 feet. It formed in alluvial and eolian sediments from suited to this soil. Cultivation to control competing shale. Included in mapping are small areas of soils that vegetation should be continued for as many years as have shale between depths of 40 and 60 inches. Also in- possible following planting.Trees that are best suited and eluded are small areas of soils where the surface layer have good survival are Rocky Mountain juniper, eastern and subsoil have been recharged with lime from irriga- redeedar, ponderosa pine, Siberian elm, Russian-olive, and tion. hackberry. The shrubs best suited are skunkbush sumac, Typically the surface of this Ulm soil is brown clay lilac, Siberian peashrub, and American plum. loam about 5 inches thick. The subsoil is brown and pale Wildlife is an important secondary use of this soil. The brown clay about 12 inches thick. The substratum to a cropland areas provide favorable habitat for ring-necked depth of 60 inches is clay and clay loam. pheasant and mourning dove. Many nongame species can Permeability is slow. Available water capacity is high. be attracted by establishing areas for nesting and escape The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. tial and should be included in plans for habitat develop- cover. For pheasants, undisturbed nesting cover is essen- In irrigated areas this soil is suited to the crops corn- ment, especially in areas of intensive agriculture. Range- manly grown in the area. Perennial grasses and alfalfa or land wildlife, for example, the pronghorn antelope, can be close close grown crops should be grown at least 50 percent of attracted by developing livestock watering facilities, the time. Contour ditches and corrugations can be used in managing livestock grazing, and reseeding where needed. irrigating close grown crops and pasture. Furrows, con- This soil has poor potential for urban and recreational tour furrows, and cross slope furrows are suitable for row development. Slow permeability and high shrink swell crops. Sprinkler irrigation is also desirable. Keeping til- cause problems in dwelling and road construction. Capa- lage to a minimum and utilizing crop residue help to con- bility subclass IIIe irrigated, IVe nonirrigated; Clayey trot erosion. Maintaining fertility is important. Crops Plains range site. respond to applications of phosphorus and nitrogen. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 28 bushels per acre. The soil is summer fallowed in alternate years to allow moisture accumulation. Generally precipitation is 57—Renohill clay loam, 3 to 9 percent slopes. This is too low to make beneficial use of fertilizer. Stubble mulch farming, striperopping, and minimum til- a moderately deep, well drained soil on upland hills and loge are needed to control soil blowing and water erosion. ridges at elevations of 4,850 to 5,200 feet. It formed in residuum from shale. Included in mapping are small areas Terracing also may be needed to control water erosion. The potential native vegetation is dominated by of soils that have shale deeper than 40 inches. western wheatgrass and blue grama. Ruffalograss is also Typically the surface layer is grayish brown clay loam present. Potential production ranges from 1,000 pounds about 9 inches thick. The subsoil is grayish brown and per acre in favorable years to 600 pounds in unfahorable pale brown clay loam about 12 inches thick. The sub- years. As range condition deteriorates, a blue grams-but- stratum is pale brown clay loam. Shale is at a depth of falograss sod forms. Undesirable weeds and annuals in- about 29 inches. vide the site as range condition becomes poorer. Permeability is slow. Available water capacity is Management of vegetation on this soil should be based moderate. The effective rooting depth is 20 to 40 inches. on taking half and leaving half of the total annual produc- Surface runoff is medium to rapid, and the erosion hazard tion. Range pitting can reduce runoff. Seeding is desirable is moderate. if the range is in poor condition. Western wheatgrass, This soil is suited to limited cropping. Intensive blue grama, sideoats grama, buffalograss, pubescent cropping is hazardous because of erosion. The cropping wheatgrass, and crested wheatgrass are suitable for seed- system should be limited to such close grown crops as sl- ing. The grass selected should meet the seasonal require- falfa, wheat, and barley. The soil also is suited to ir- ments of livestock. It can be seeded into a clean, firm rigated pasture. A suitable cropping system is 3 to 4 sorghum stubble, or it can be drilled into a firm prepared years of alfalfa followed by 2 years of corn and small seedbed. Seeding early in spring has proven most success- grain and alfalfa seeded with a nurse. crop. £ul. Closely spaced contour ditches can be used in irrigating Permeability is slow. Available water capacity is high. close grown crops. Contour furrows should be used for The effective rooting depth is 60 inches or more. Surface row crops. Applications of barnyard manure and commer- runoff is slow, and the erosion hazard is low. cial fertilizer help to maintain good production. Keeping In irrigated areas this soil is suited to all crops corn- tillage to a minimum and utilizing crop residue are impor- manly grown in the area, including corn, sugar beets (fig. tent. 8), beans, alfalfa, small grain, and onions. An example of a The potential native vegetation is dominated by suitable cropping system is 3 to 4 years of alfalfa fol- western wheatgrass and blue grama. Buffalograss is also lowed by corn, corn for silage, sugar beets, small grain, or present. Potential production ranges from 1,000 pounds beans. Land leveling, ditch lining, and installing pipelines per acre in favorable years to 600 pounds in unfavorable are needed for proper water applications. years. As range condition deteriorates, a blue grams-buf- All methods of irrigation are suitable, but furrow ir- falograss sod forms. Undesirable weeds and annuals in- rigation is the most common. Barnyard manure and com- vade the site as range condition becomes poorer. mercial fertilizer are needed for top yields. Management of vegetation on this soil should be based This soil is well suited to winter wheat, barley, and on taking half and leaving half of the total annual produe sorghum if it is summer fallowed in alternate years. tion. Range pitting can reduce runoff. Seeding is desirable Winter wheat is the principal crop. The predicted average it the range is in poor condition. Western wheatgrass, yield is 33 bushels per acre. If the crop is winterkilled, blue grama, sideoats grama, buffalograss, pubescent spring wheat can be seeded. Generally precipitation is too wheatgrass, and crested wheatgrass are suitable for seed- low for beneficial use of fertilizer. ing. The grass selected should meet the seasonal require- Stubble mulch farming, striperopping, and minimum til- ments of livestock. It can be seeded into a clean, firm lage are needed to control soil blowing and water erosion. sorghum stubble, or it can be drilled into a firm prepared Terracing also may be needed to control water erosion. seedbed. Seeding early in spring has proven most success- The potential native vegetation is dominated by blue ful. grama. Several mid grasses, such as western wheatgrass Windbreaks and environmental plantings are generally and needleandthread, are also present. Potential produc- not suited to this soil. Onsite investigation is needed to Hon ranges from 1,600 pounds per acre in favorable years determine if plantings are feasible. Supplemental water is to 1,000 pounds in unfavorable years. As range condition needed for successful plantings. deteriorates, the mid grasses decrease; blue grams, buf- Wildlife is an important secondary use of this soil. The falograss, snakeweed, yucca, and fringed sage increase; cropland areas provide favorable habitat for ring-necked and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape Management of vegetation on this soil should be based cover. For pheasants, undisturbed nesting cover is essen- on taking half and leaving half of the total annual produc- tial and should be included in plans for habitat develop- Sideoats grama, little bluestem, western wheatgrass, blue tion. Seeding is desirable if the range is in poor condition. ment, especially in areas of intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, can be gama, pubescent wheatgrass, and crested wheatgrass are th attracted by developing livestock watering facilities, suitable for seeding. The grass selected should meet d into o managing livestock grazing, and reseeding where needed. lean, firrm sorghumts of stubble,livestock.r It can be seeded a clean, firm sorghum or it can be drilled into a This soil has poor potential for urban and recreational firm prepared seedbed. Seeding early in spring has development. The chief limiting features are the underly- proven most successful. ing shale, the low strength, and the moderate to high Windbreaks and environmental plantings are generally shrink swell. These features present severe problems in well suited to this soil. Summer fallow a year before dwelling and road construction and in use of septic tank planting and continued cultivation for weed control are absorption fields and sewage lagoons. Capability subclass needed to insure establishment and survival of plantings. IVe irrigated, Vle nonirrigated; Clayey Plains range site. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The 79--Weld loam, 1 to 3 percent slopes. This is a deep, shrubs best suited are skunkbush sumac, lilac, Siberian well drained soil on smooth plains at elevations of 4,850 to peashrub, and American plum. MOO feet. It formed in eolian deposits. Included in Openland wildlife, such as pheasant, mourning dove, mapping are small areas of soils that have a subsoil of and cottontail, are best suited to this soil. Wildlife habitat loam and light clay loam. Also included are some leveled development, including tree and shrub plantings and areas. surface of this Weld soil is brown grass plantings to serve as nesting areas, should be sue- Typically cally the8 inches thick.layer Tre subsoil is brown and pale w cessful without irrigation during most years. Under ir- loam heavy clay loam and light clay about 20 inches i rigation, good wildlife habitat can be established, benefit- brown ing many kinds of openland wildlife. thick. The substratum to a depth of 60 inches is silt loam. This soil has good potential for urban and recreational development. The chief limiting soil features for urban development are the shrink-swell potential of the subsoil as it wets and dries and the limited capacity of the soil to support a load. Lawns, shrubs, and trees grow well. Capa- bility subclass Ile irrigated, lllc nonirrigated; Loamy Plains range site. 13 �.} r'V�rCs..� McRAE & SHORT, INC. 1227 8thAvenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development July 12, 1985 PROJECT NO. 85133 Department of Planning Services 915 - 10th Street Greeley, Colorado 80631 RE: COLUMBINE IRON & METALS, INC. USE BY SPECIAL REVIEW Gentlemen; We have been retained by the applicant to review and assist in this application. The proposed site lies in a "geological hazard" area due to the subsurface mining for coal below the site. We feel that the proposed use of open storage is compatible with the subsidence risk from the old mines . More detailed information would require a complete analysis of shaft locations, and probability of subsidence by a special consultant. Yours truly, McRae & Short, Inc. Gerald B. McRae, P.E. & L.S. Hello