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Home My WebLink About880342.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (STAINED GLASS PRODUCTION) IN THE A-AGRICULTURAL ZONE DISTRICT - ROBERT AND RITA WISE 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 11th day of May, 1988 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Robert and Rita Wise , 3911 14th Street Road, Greeley, Colorado 80634 , for a Site Specific Development Plan and Special Review permit for a home business (stained glass production) in the A-Agricultural Zone District on the following described real estate, to-wit: Part of the SEi , Section 34 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Kenneth F. Lind, Attorney, and WHEREAS , Section 24 .4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 .2 of the Weld County Zoning Ordinance as follows: a. This proposal is located within the urban growth boundary area of the Town of Eaton and is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Area Goals and Policies . The Town of Eaton, in a letter dated 880342 Page 2 RE: USR - WISE March 21 , 1988 , indicated that the proposal would be compatible with its future plans. b. The proposed use is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. c. The proposed use is compatible with the surrounding land uses and with future development of the surrounding area as permitted by the A (Agricultural) Zone District. The surrounding land uses include an abandoned grain elevator and storage facility, the Associated Natural Gas Processing Plant, and the Great Western Railway. d. No overlay districts affect the site. e. Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review permit for a home business (stained glass production) in the A-Agricultural Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2 . Within 30 days of approval by the Board of County Commissioners, a required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors . The existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Health Department before the required I .S.D.S . Evaluation can be performed. 3 . An I .S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems . 4 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been 880342 Page 3 RE: USR - WISE delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D. , 1988 . '2 c_c BOARD OF COUNTY COMMISSIONERS ATTEST: '�'"'t"' ' '-� WEL UNTY, COLORADO Weld CountyClerk and Recorder and Clerk to the /Boarder ene R. /B)ra��n^t`nner, Chairman BY: •i1 9 t-"i)t t_u. l Cc. F cam. C.","--(-1/ Yb , P Tem i Deputy County lerk EXCUSED APPROVED AS TO FORM: Jacqueline ohn n C v v G L ;3 7 ,�' County Attorney ��!% Frank amaguchi 880342 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Robert and Rita Wise USR-829 1 . The Special Review permit is for the approval of a Site Specific Development Plan and a Special Review permit for a home business (stained glass production) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S . , as amended. 3 . Chemical wastes and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4 . No permanent disposal of wastes shall be permitted at this site. 5 . All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 6 . The property owner shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 7 . The Special Review permit shall not be transferable to any successors in the interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 8 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 9 . Personnel for the Eaton Fire Protection District, Weld County Health Department, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 880342 Page 2 DEVELOPMENT STANDARDS - WISE 10 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval or an amendment of the permit by the Weld County -Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the Office of the Department of Planning Services . 11 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. 880342 -HEARING CERTIFICATION DOCKET NO. 88-20 -RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR HOME BUSINESS (STAINED GLASS PRODUCTION) IN THE A-AGRICULTURAL ZONE DISTRICT - ROBERT AND RITA WISE A public hearing was conducted on May 11, 1988, at 2:00 P.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson - Excused Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison planning Department representative, Brian Bingle The following business was transacted: I hereby certify that pursuant to a notice dated April 25, 1988, and duly published April 28, 1988, in the Johnstown Breeze, a public hearing was conducted to consider the request of Robert and Rita Wise for a Site Specific Development Plan and Special Review permit for a home business (stained glass production) in the A—Agricultural Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Brian Bingle, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. Chairman Brantner advised the applicants that, with only four Commissioners present, if this hearing should result in a tie vote, the absent Commissioner would review the record and listen to the tape of this hearing prior to casting the deciding vote. Ken Lind, Attorney, came forward to represent the applicants. He explained this request and said the applicants have no problem with the four Conditions and eleven Development Standards as recommended by the Planning Commission. No public comment was offered concerning this request. Commissioner Lacy moved to approve this request for a Site Specific Development Plan and Special Review permit, subject to the Conditions and Development Standards recommended by the Planning Commission. Seconded by Commissioner Yamaguchi, the motion carried unanimously. This Certification was approved on the 16th day of May, 1988. APPROVED: -(.'�vr��i'_ , '1�Ltk,(„'l� BOARD OF COUNTY COMMISSIONERS ATTEST: � WE'�i,]yJC,OUNTY, COLOR 0 Weld County Clerk and Recorder at -and and Clerk to the Boa & Gene R. Brant e , Chairman By: lc-lit_ ea Cw/Le 4� /� 'lL Deputy County C rk C.W. Kirby, Pro- m EXCUSED Jacqueline J nson -TAPE #88-22 _ ac "DOCKET #88-20 TL0430 Frank Yamaguchi 880342 PUBLIC NOTICE The -Board of County Commissioners of Weld County, Colorado, on May 11, 1-988, conditionally approved a Site Specific Development Plan and a Special Review permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Robert and Rita Wise 3911 14th Street Road Greeley, Colorado 80634 -LEGAL DESCRIPTION: Part of the SEk of Section 34, Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado 'TYPE AND INTENSITY OF APPROVED USE: Home business (stained glass -production) in the A-Agricultural Zone District SIZE OF PARCEL: 1.83 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: May 18, 1988, in the Platteville Herald 880345 Affidavit of Publication STATE OF COLORADO) Count,/ of \,"Geld) ss. Alnette Winkler- Diesel i1 prune E, said County ill Weld being duly sworn. say That I TM Board of C-ouMy Commie• am publisher of stoners.of -Weld,County, Col- a Platteville Herald orad*,_on May,14, 1968, condl- tlonally;approven,1-Slte Specific that-the same is_a weekly newspaper ul gtmcral Development Pi end a Special circulation was punted and published In the Review;pares)* iprthe property and purpose described below. town of Platteville ouaa Conditional app ovaE'ope this. plat in sand county and state: that the notice ul apses. _wnuant to Artiefe 66 at Title 24, t:sement.of which the anne•ed is a true copy his C.R.B, o amended, for • period of three years. • been published in said weekly newspaper for APPLICANT: 29,00_808 at am 3911 14th Street Road, One consecutive Greeley,-Colorado 80634 LEGAL DESCRIPTION: Part weeks: that the Hoare was published in the of 4�S_EV4 of Alsatian 34, regular and entire issue of every number of said Tewet71p7 A6 West newspaper during the period and time of publica- of M 9•q, County, lion of said notice and in the newspaper proper arRdTY14 TV OF and not in a supplement thereof: that the first APPROVEDusiness publication of said notice was contained in the (atoleed dAee ear in the issue of said newspaper bearing the date. the a-Arcuiturs Z a ict -SIZE--OF PARCEL: 1.63. 18 date of May A.D.. 19 88 wet-more or less failure to abide by the arms and conditions of approval and the last publication thereof. in (tie issue of will result In a forfeiture of the said newspaper.beanng date.the 123 day of vested property tight. BOARD OF COUNTY May 19 88that the said COMMISSIONERS WELD COUNTY, COLORADO Platteville Herald BY: MARY ANN FEUERSTEIN has been published conunously and uninter- COUNTY CLERK AND ry redly during theperiod of at least fifty-two RECORDER p AND CLERK TO THE BOARD consecutive weeks next prior to the first issue - thereof containing said notice or advertisement BY:Mary Reiff, Deputy above referred to: and that said newspaper was • py�llN- - y NaWr✓Her- zM,t the time of each of the publications of said P May 94,.1 notice duly qualified for that purpose within the meaning of an act entitled. "An Act Concerning Legal Notices. Advertisements and Publications and the Fees of Printers and Publishers thereof. and to Repeal all Acts and Parts of Acts in Con- flict with the Provisions of this Act" approved April 7. 1921. and all amendments thereof. and particularity as amended by an act approve Marc 30. 1923. and an act appro 'c- . a i 19 \ e :V I her ?Y $uhseribed and scorn to-before me this r 1 . day of ql()aat.j- a D14 0 Mary Public FIRST SECURITY tiNnn 605 4th Street foil Lepton Coin—,1 MY cunuulxvOlt cypires Off, I, fig/ sao342 ATTENDANCT RECORD PLEAS£ write or print legibly your name , address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: MAY 11, 1988 DOCKET # 88-20 USR-HOME BUSINESS (STAINED GLASS PRODUCTION) - ROBERT & RITA WISE DOCKET # 88-21 USR-ACCESSORY BUILDING LARGER THAN 1,500 SQUARE FEET - DAVID 2IETRANGELO DOCKET # 88-22 USR-KENNEL (30 CAT MAXIMUM) - BARBARA J. B-EALES NAME ADDRESS HEARING ATTENDING el nit Re-CA- , /'3?: < j k-2,-non P G0,7 if...,�'- c c J Q/3„,1-'44ra eta l s /fl Y ? tar. go( /a Fj: L,rkhdA 9Tt Z c) lAa . . LA 39 II 14[4`` b%. �. G (t Coln . 1L Altai;be 37A2 I(, 7µ f4- 2..0. C t-A. 1;8-.06 ��11-92C 'lac -bAo� a3 inc.CaPUn A doit ay, cOvi,-&I. � -&, �uvn zo e. P..¢�cno n0 5-O3 c m .�►1,a. o D o , �7yy.� �S�, 1.4J �B LL 880345 NLTICE 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 1n the Special Review permit are requested to attend and aiay be -heard. Should the applicant or any interested party desire the _presence of a court reporter to make a -record of the Troceedings, in addition to the taped record which will be -kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter 'is obtained, the Clerk to the -Poard's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of -engaging a xourt 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 LOCKET NO. 88-20 Robert and Rita Wise 3911 14th Street -Road Greeley, Colorado 80634 DATE: May 11, 1988 TIME: 2:00 P.M. REQUEST: Site Specific levelopment -Plan and Special Review permit - Home Business (stained glass -Production) in the A-Agricultural Zone District LEGAL DESCRIPTION: Part of the SE} of Section 34, Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.i miles west of the Town o₹ -Eaton; north of Weld County Road 74 and west of Weld County -Road 33 BOARD LT COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND -RECORDER AND CLERK TO THE BOARD -BY: Mary Reiff, Deputy -DATED: April 25, 1988 PUBLISHED: April 28, 1988, in the Johnstown Breeze E-,,ai„ 1= 880345 NOTICE 'ant to the zoning laws of State of Colorado and the Weld County Zoning Ordinance, a public hearing the o will be held f the Board of AFFIDAVIT OF PUBLICATION County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Stredo, t the time, Greeley, , lo All T-HE JOHNSTOWN BREEZE reds, the time interested ell persons in any mannerw rmitar STATE OF COLORADO 1 in the Special Review permit are ) SS requested to attend and may be heard. COUNTY OF WELD 1 Should the applicant or any I, Clyde Briggs,-do solemnly swear that interestedpres party desire the am publisher of The Johnstown Breeze; • 9-take record a 01 t reporter to that thesame is a weekly newspaper make aaddition of to the seed- reco iniwl bethe taped record which will kept during printed, in wholesr in part,-and published the hearing, e c tca Clerk ont ted in the County of-Weld, State of Colorado, • for as list of of can r certified t courrtt and hasageneral circulation therein; that reporters in the area. If a court and newspaper has been published reporter is obtained, the Clerk to the Board's Office shall be continuously and uninterruptedly in said advised in f writing of such action County of Weld for a period_of more than at ring. five prior toengaging the hearing. The reporter cost l r a fifty-two consecutive weeks prior to the court shall be borne by the requesting party. �� first publication-of the annexed legal notice BE IT-ALSO KNOWN that the or advertisement; that said newspaper has text and maps so certified by the been admitted to the UnitedSlates mails as Weld County Planning Commis- sion may be examined in the second-class matter under the-provisions!ns of office of the Clerk to the Board of County Commissioners, located the Act of March 3, l (Jr any in the Weld County Centennial amendments thereof, and that said Center, 915 loth Street, Third newspaper is a weekly newspaper duly Floor, Greeley, Colorado. DOCKET No.398-2o qualified for publishing legal notices and • APPLICANT -advertisements within the meaning of the Robert and Rita WiseRoad 3911 14th laws of the State of Colorado. Greeley, Colorado 80634 That theannexed legal notice or advertise- DATE: May 11, 1988 ment was published In the regular and • TIME: 2:00 P.M. . entire issue of every number of said weekly newspaper for the period of A.... consecu- REopmenf Site and rte- five insertions; and that the first Review vevieent Plan Special e permit production)Homeausinths • publication of said notice w' s in the issue" of (stained glass in the ,,,,,.,,,�), A-Agricultural Zone District said newspaper dal.•11.Y�... ••• A.D. We, LEGAL DESCRIPTION: Part of and that the last publication ofsaid notice the SE'A of Section P. 34,Township Wr�s in the issue o said newspaper dated 7 North, Range 66 West of the r// A.D. 19.8$2 6th M., Weld pounty, Colorado • In witness whereof I have hereunto Gyn west �. set miles LOCATION: Approximately 1s my hand this ..2. .• day of .--T el the Town of acton; north of Weld County Road 74 A.D. 19se and west of Weld County Road 33 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, PUbllsher COLORADO C.'"-P 7 BY: MARY ANN FEUERSTEIN COUNTY CLERK AND Subscribed and sworn to before me, a ' TO R THE BOARD Notary PPUblic in and for the County of 8Y: Mary Reiff, Deputy Weld,State of Colorado, this ..2.-e2.. day of A.D. 19..Q.`.t�• LI ED:l 25, 1288 4 ' thePU April 28 1988, in - the Johnstown Breeze i�JC of e(a • Pub 7 Notary Public. My commission expires My CommiS,.c,1 es c3 June 14,1991 2 Gouth Parish A,vn io Johnstown.CO so`.84 • 880345 PROOF OF PUBLICATION the Meld " ly Ora- The North Weld Herald Rene,•pew herring ulnae held in the Chatieea of the Board aColo_County Commis. Eaton, Colorado 80613 c Comely of Weld County, Colorado, Weld Comely C eda'Center,915 10th Street, Feet,Floor,., Greeley, Colorado, at the time spoll6itl.MI poisons In any manner Interest- STATE OF COLORADO, ) edln lAe SpecialReview permit are requested w atWid and may be baba.. SS' Should the applicant or any Interested of Weld ) party.desire the-presence of a eomt-reporter to m a r reeky a reamed of the which lnp,in addi- tion to theepod record which w®be kept h riming the ecehrt,theloork to the Board's Office eon be contacted fora Bet of certified court reporters in the area.if a court reporter is obtained,ad,the Clerk to theeachSomers Office Los shall be advised in writing of each action at IJ r t�son lead Hato days prbnJo the heaSlo`.The wet do solemnly swear that I am of enemies a count reporter shell be borne thotins party. OS ct-t Seof THE NORTH WELD HERALD; that the byBE rtfAcso KNOWN that the tea, end same isa weekly newspaper printed, in whole or in part,and maps so certified by the-Weld c.ed in the -published In the Countyof Weld,State of Dolor-ado,and has deg of the Clerksion to the he Boardexami of le the office o ie the Qenaba la Round d County a general circulation therein; and that-said newspaper has Centennial renter, li5 10th SSheeeet , Third been published continuously and uninterruptedly in said meee,cweby,Colorado. County of Weld for a Y DO NO•88'20 period of more than fift -two ton- AppudANT secutive weeks next prior to the first publication of the Robert and Rita wise 3911 14th Sheet Road annexed legal notice oradvertisement; that said newspaper Ciweley.Colorado 80634 has DATE,May 11,1988 been admitted to the United States malls as second- TIME:2:00 P.M. class matter under the provision of the Act of March 3, 1879 REQUEST:Ste Speak Development elan and permit•Home Balinese or any amendments thereof, and that said newspaper is -a (stained glass Speelid-Rovkrodaetioai I.the A.Aeded- weekly -newspaper duly qualified for twat Eatia i°"kt publishing legal .LEGAL DESCRIPIION:Tart of the SEM of notices and advertisements within the meaning of the laws Section N,Township y North,Range 66 Cowl of the State of Colorado. of the su-e.M,Weld-County,Colm,do LOCATION,AppwriMately 1.5 mild west of the Town of Eaton;north d weld County Road 74 and west d Weld County Road 33 That the -annexed legal notice or advertisement was d r- rya `.: published inthe regular and entire issue of every number of said weekly newspaper for the period of 1( OrVEA #11rMrMl� consecutive insertions; and that the first publication of said " 'essernas -AND CLERK notice was in the issue of said newspaper dated BY:Mary Reiff,Deputy DATED:April 25,1988 0.1 A.D., 199_11_, =tied May 5,1998 In Tb• North weld and that the last publication of said notice was in the issue of-said publication dated no..N AD., 19 ea In witness whereof I have hereunto set my hand this ak1ne day of CN 4Y A.D., 19 2_2_. Subscribed and sworn to before me, a notary public in and for he County-of Weld,State of Colorado, this G•Ii day of /m7.9y A.D., 19 t.e. Notary-Public • s, RQS [Sr 5r ,.7�,,PoLu, �� .. My Commission Expires Oct 19, 199O 88 DATE: April 25 , 1-98'8 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have -no objections, we -have tentatively set the following hearings for the 11th day of May, 1988 , -at 2 :60 P.M. Dock-et No. B8-2D - USR-Home husiness (stain-ed glass production) in the A-Agricultural Zone District, Robert and _Rita Wise Docket No. 8827 - USR-Accessory building larger than 1 ,500 square feet in the R-1 (Low Density _Residential) District, David Pietrangelo Docket No. 88-22 - USR-Kennel (3D cats) in the A-Agri-cultural Zone District, Barbara J. Seales OFFICE OF THE CLE TO THE BOARD BY: . // �i � _Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above . BOARD OF COUNTY COMMISSIONERS WELD UNTY, COLORADO .�xClirt�e Sydeitt 7 • 8-80343 c Xi,/1;/T J Summary of the Weld County Planning Commission April 19, 1988 Page 8 MOTION: Ivan _Cosnell moved Case Number USR-828 for Judy Oakley for a Site Specific Development -Plan and a Special Review permit for a kennel for 64 adult dogs and 120 puppies be forwarded to the Board of _County Commissioners with the Planning Commission's recommendation for approval based upon she recommendation and conditions as set forth thy the Department of Planning Servi-c-es staff, the Development Standards as amended -by the Planning Commission and the testimony heard by the members of the Planning Commission . Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed . The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ivan Gosnell - yes; Bu-c1 Halldorson - no; LeAnn Reid - no; Louis Rademacher - yes; -Paulette Weaver - no; Lynn Brown - yes; Ann Garrison - yes. Motion carried with four voting for the motion and three voting -against the motion. CASE NUMBER: USR-82S APPLICANT: Robert and Rita Wise REQUEST: A Site Specific Development Plan and a Sp-erial Review Permit for a home business (Stained Glass Production) located in the -A (Agricultural) zone _ istrict . LEGAL DESCRIPTION: Part of the £E} of Section 34, T7N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 1 .5 miles west of the Town of Paton, north of Weld County Road 714, and west of Weld County Road 33. APPEARANCE: Robert Wise, property owner and applicant, explained they want to relocated their existing stained glass facility at this site. They do -not plan to expand much more than they already have. He explained the nature of their business and the reason there will he no increase in traffic . The Chairman called for discussion from the members of the -audience. There was none. The Chairman asked Mr . Wise if he had reviewed the staff's recommendations, conditions, and Development Standards? He stated he has and has no objection to them. He will confer with the Weld County Health Department concerning his questions regarding the septic system. 88031 s Exi/ire/T C' Summary of the Weld County Planning Commission April 19, 1988 Page 9 The Chairman asked that the recommendation, conditions, and Development Standards be filed with the summary as a permanent record of these proceedings. MOTION: Paulette Weaver moved Case Number USR-829 for Robert and Rita Wise for a Site Specific Development Plan and a Special Review permit for a home business for a stained glass production facility in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards as outlined by the Department of Planning Services staff and the testimony of the applicant . Motion seconded by Ivan Gosnell. 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. Ivan Gosnell — yes; Bud Palldorson — yes; LeAnn Reid — yes; Louis Rademacher — yes; Paulette Weaver — yes; Lynn Brown — yes; Ann Garrison — yes. Motion carried unanimously. CASE NUMBER: S-292 APPLICANT: David Pietrangelo REQUEST: Subdivision Replat of Lot 6, Block 2, Seemore Heights . LEGAL DESCRIPTION: Lot 6, Block 2, Seemore Heights Subdivision, Weld County, Colorado LOCATION: Approximately 2.5 miles southwest of the Town of Mead, south of State Highway 66, and east of Weld County Road 1 . APPEARANCE: David Pietrangelo, property owner and applicant , explained this request is for vacation of an easement through their property and to change the relocation of the western property line . The replat will not create any additional building sites. The Chairman asked the applicant if he had reviewed the recommendation and conditions as presented by the Department of Planning Services' staff . He stated he has no objections to these. The Chairman called for discussion from the members of the audience. There was none . The Chairman asked that the recommendation and conditions he filed with the summary as a permanent record of these proceedings. q 880345 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver 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: ri CASE NUMBER: USR-829 - i NAME: Robert and Rita Wise APR 2 2 1988 ADDRESS: 3911 14th Street Road, Greeley, CO 806 1 7.OOa,/ha + ", REQUEST: A Site Specific Development Plan and a,Special Review Permit for a Home Business (Stained Glass ProdiIj,i,on) located • in tie A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SEi of Section 34, T7N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1 .5 miles west of the Town of Eaton, north of Weld County Road 74 and west of Weld County Road 33. be recommended favorably to the Board of County Commissioners 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 Weld County Planning Commission staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is located within the urban growth boundary area of the Town of Eaton and is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The Town of Eaton, in a letter dated March 21, 1988, indicated that the proposal would be compatible with its future plans. - The proposed use is consistent with the intent of the A (Agricultural) zone district and is provided for as a Use by Special Review. - The proposed use is compatible with the surrounding land uses and with future development of the surrounding area as permitted by the A (Agricultural) zone district. The surrounding land uses include an abandoned grain elevator and storage facility, the Associated Natural Gas Processing Plant, and the Great Western Railway. USR-829 Robert and Rita Wise Page 2 - No overlay districts affect the site. - Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and the county. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. Within 30 days of approval by the Board of County Commissioners, a required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. The existing septic system be reviewed by a Colorado Registered Professional Engineer, and a copy of that review submitted to the Weld County Health Department before the required I.S.D.S. Evaluation can be performed. 3. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Service's office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Motion seconded by LeAnn Reid VOTE: For Passage Against Passage Ivan Gosnell Bud Halldorson LeAnn Reid -Louis Rademacher Paulette Weaver Lynn Brown Ann Garrison 880345 USR-829 -Robert and Rita Wise -Page 3 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 and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the of , 1988. oa Bobbie Good Secretary 580345 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Robert and Rita Wise USR-829 1 . The Special Review permit is for the approval of a Site Specific Development Plan and a Special Review permit for a Home Business (Stained Glass Production) as submitted in the application materials on file in the Department of Planning Service- and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. Chemical wastes and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. All construction done on the property shall be in accordance with the requirements of the Wald County Building Code Ordinance. 6. The property owner shall be responsible for complying with the Design Standards of of Section 24 .5 of the Weld County Zoning Ordinance. 7. The Special Review permit shall not be transferable to any successors in the interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. B. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 9. Personnel for the Eaton Fire Protection District, Weld County Health Department, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 10. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval or an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the Office of the Department of Planning Services. 11 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. f380145 INVENTORY OF ITEMS _SUBMITTED -FOR CONSIDERATION Case Number use- 8z9 -Submitted or Prepared Prior to Hearing At Hearing 1. Application 15 Pages 2. I Application plat(s) I page(s) v/3. DPS Referral Summary Sheetbei 4. PPS Recommendation 5. DPS _Surrounding Propery Owner Mailing List v/ ti. DPS Mineral Owners Mailing List 7. 3 DPS Maps Pr-epared by Planning Technician 8. DPS Notice of Nearing ! 9. DPS -Case Summary ISheet e/ • 10. TPS Field Check 11. r2. 13. 14. 13. 16. 17. 18. 19. 20. I hereby _certify that the /O items identified herein were submitted to the Tiepartment of Planning Services at or prior to the scheduled Planning -Commission hearing. I further _cer ify that these items were forwarded to the Clerk to the Toard's office on 4,7 14 J �rr�nt a. er -STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND _SWORN TO BEFORE ME THIS .; DAY OF Qm,. ,� 1955$ SEAL 11 c ..x»AU nc • EX/I/EWA NOTARY PUBLIC 1 My Commi?sion [x res Feb. 13, 1989 8803r!C NV COMMTSSTON EXPIRES © 44SS¢3"$a..! EXHIBIT INVENTORY CONT-ROL SHEET Case a,,,er /t&, Exhibit Submitted By Exhibit Description A. „cee-LcSe Er :6l B. 12l ��l�J L�C�2/��.,• / �t c. T.-t i�f/fo!J'G/ />�G $K' iJ7?,Q/✓/077200iJ?�j 01 E. St/ X19 /�' `rrc�zZ� -0-6-44.-- L'G'.• Ocrii T. G. H. I. J. K. L. M. N. 0. 880345 Date: April 19, 1988 CASE NUMBER: USR-829 NAME: Robert and Pita Wise ADDRESS: 3911 14th Street Poad, Greeley, CO 80615 REQUEST: A Site Specific Development Plan and a Special Review Permit _for a Home Business (Stained Glass Production) located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SEi of Section 34, T7N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles west of the Town of Eaton, north of Weld County Road 74 and west of Weld County Road 32. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS TEAT THIS REQUEST BB APPROVED FOR TEE FOLLOWING REASONS: 1 . The _submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' steff that the applicant has shown -compliance with Section 24 .3 of the Weld County Zoning Ordinance as follows: - This proposal is located within the urban growth boundary area of the Town of Eaton and is consistent with the Weld County Comprehensive Fln's Urban Growth Boundary Area Coals and Policies. The -Town of Eaton, in a letter dated March 21 , 1-988, indicated that the proposal would he compatible with its future plans. - The proposed use is -consistent with the intent of the A (Agricultural) ;zone .district and is provided for as a Use by Special Review. The proposed use is compatible with the surrounding land uses and witfi future development of the surrounding area as permitted by the A (A€ricultural) zone district . She surrounding land uses include an abandoned groin elevator and storage facility, the Associated Natural Gas Processing Plant, and the Great fTestern R9ilway. - No overlay districts affect the site. - Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and the _county. 880345 Recomnendaticn Robert and Pita Wise Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of _Planning Services' staff recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Use by Special review permit be adopted and placed on the Use by Spatial Review plat prior to recording the plat. 2 . Within 30 days of approval by the Board of County Commissioners, a required _Emissions Permit shall be obtained from, the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. The existing septic e. 'stet! he reviewed by a Colorado _Registered Profession-al Engineer, _and a copy of that review submitted to the Weld County Health Department before the required 7.S.D.S. Evaluation can be performed. 3. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 4. The Special Review activity shall not occur not -shall my building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Service's office and the -plat is ready to he _recorded in the office of the Weld County Mark and Recorder. 880345 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW FERIKIT LEVELOPD,ENT STANDARDS Robert and Pita Wise USR-829 I . The Special Review permit is for the approval of a Sit-e Specific Development Plan and a Special Review permit for a Nome Business (Stained Class Production) ss submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this -plan may create a vested property right pursuant to Article 68 of Title 24 C.E.S. , as amended. 3. Chemical wastes and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4 . No permanent disposal of wastes shall be permitted at this site. 5. All construction done cm the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 6. The property owner shall be responsible for complying with the Design Standards of of Section 24 .5 of the Weld County Zoning Ordinance. 7 . The Special Review permit shall not he transferable to any successors in the interest tc the described property and shall terrir.ate automatically upon conveyance or _lease of the property tc others for operation of the _facility. 8. The property otter or operator shall he responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 9. Personnel for the Eaton Fire Protection District, Weld County Health Department, and Weld County Department of Planning Services shall be granted access onto the property at _any reasonable time in order to ensure the activ4ties carried out on the property comply with the Development Standards stated -hereon and all applicable Weld County Regulations. IC. The Special Review area shall he limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval or an amendment of the Permit by the Weld County Plannirg Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shell he filed in the Office of the Department of Planning Services. 11 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be season for _revocation of the Permit by the Board of County Commissioners. 880345 LAND-USE APPLICATION SUMMARY SHEET Date: April 12, 1988 CASE NUMBER: USR-829 NAME: Robert and Rita Wise ADDRESS: 3911 14th Street Road, Greeley, CO 80634 REQUEST: Site Specific Development Plan and a Special Use Permit for a home business (stain glass production) located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE} of Section 34, T7N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximatr.7y 1 .5 miles west of Eaton, north of Weld County Road 74, and west of Weld County Road 33. SIZE OF PARCEL: 1 .83 Acres, more or less POSSIDLE ISSUES SUU ARIZED FROM APPLICATION MATERIALS: The criteria for review of this _proposal is listed 3n Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Weld County Health Department. A copy of these referral responses are included in this summary packet. The Department of Planting Services' staff has not received any objections from the following referral entities: - Weld County Engineering Department - Town of Eaton - Eaton Fire District The Department of Planning Services' staff has yet to receive a referral response from the following agency: - Greeley Soil Conservation Service The Department of Planning Services' staff has not received an objection from Surrounding Property Cwners. 880345 • CI ). >s of ) I� (Q k ) I i \ n E m ` et t r )) 14 1 ), ! r. 9 , Second ff'vuRn_ i_— _ I_ - '• i az ` aJ ). I' r \ ss �i ▪ on •i ! _ _ �Correctlon! I 0 • 3 \ \ p • 5 • • 3 4~ h� • H 5 i 2 1 \ • 1 a E I ,�G, 5 • I 1 , e 2 • •F °'r I� I \ ,5. 227- •--7---0---.) • p° i: le ) • / zz • ! N x• a Ii• zo ! n ' 1 zx El �..�.za� • z•1 ° S\i••� zo x• ! i I ,-..b U•• `may. •z I • xx x] _ if ,y° • . 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' x['y�.. _• • •• I t 0.2.lan t.4 t .. ffi X. .r —Milks tl y,y,,.1 E+ 5F! & • y • �# Yy i. F w. y ,� 5 � , f xt xi S s;R Y .�P S.Y.a 1 , �*i614.„:1.6.:•;,,.6„,;;.•"16 FIELD C-HECK FILING NUMBER: USR-829 DATE OF INSPECTION: April 5, 1988 NAME: Robert and -Rita Wise REQUEST: Special Use permit for a home business (Stain Class Production) , in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE} of Section 34, T7N, R66W of the 6th -P.M. , Weld County, Colorado. ZOCATION: Approximately 1 .5 miles west of the Town of Eaton; north of Weld County Road 74 and west of Weld County -Read 33. _LAND USE: N Great Western Railway, farm land, and rural residence. E Weld County Road 33, gas well, and farmland. S Office building and farmland. W Abandoned railway storage facility, grain bends, grain -elevator, and oil and gas facility - USR-543) . ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) — USR-543 COMMENTS: Access is off of Weld 'County Road 33, a blacktop surface road. The Weld County Comprehensive Plan classifies Weld County Road 33 as a County Arterial having a 100 foot right-of-way. Existing on the property is an old aluminum office building which will be remodeled to serve as a living quarters and a stain glass production facility. The perimeter of the property is abutted by an abandoned grain -elevator, railway storage yard, and USR-543 a natural gas processing plant. 3y: Brain J. Single Current Planner 880345 REFERRAL LIST APPIZCANT: Robert and Rita Wise CASE NUMBER: IJSR-829 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: April 4, 1-988 NO SR NR NO SR NR County Attorney ✓ X Weld County Health Dept. X Engineering Department County Extension Agent Office of Emergency Mngmt Ed Harring ✓ X Town of Eaton c/o Gary A. Carsten P.O. :Box 946 Eaton, CO 80615 X Ernest Ross Planning Commission Member 33900 Weld County Road 23 Windsor, CO 80550 X Eaton Fire District c/o Nick Shepherd P.O. Box 597 Eaton, CO 80615 X Greeley Soil Conservation Service 4302 9th Street Road Greeley, CO 80634 Tri Area Planning Commission P.O. Box 363 -Frederick, CO 80530 NO=No Objection SR=Specific Recommendations NR=No Response 880345 cdr; cif, } To Weld County Planning March 17, 1988 _Date F � Health Protection Services COLORADO ,n-, _ Case Number: USR X29 Name: Wise, Robert & Rita 3a blx : Health Protection Services -has reviewed this proposal and recommends for approval, subject to the following conditi-ons: 1. Waste paints, -stains, treatments, and other associated liquid and solid -wastes, shall be stored and -removed for final disposal in e manner that protects against surface and groundwater contamination. 2. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. No permanent disposal et -wastes shall We -permitted at this site. 4. The existing septic system is required to be reviewed by a Colorado Registered Professional -Engineer, and a copy of that review submitted to this Division before the required I.-.D.S. Evaluation can be performed. 5. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 6. Fugitive dust must -be confined -on this site. ,\ MAR 2 3 1988 inthi to. 880245 C SURROUNDING PROLPRTY OWNERS USR-829 ROBERT AND RITA VISE Don Anderson Incorporated Route 2, Box 42 Eaton, CO 80615 Robert C. Graves 1913 Edwards Bellvue, CO 80217 Associated Natural Gas P.O. Box 5493 Denver, CO 80217 Hattie N. -Johnson, et al P.O. Box 963 Eaton, CO 80615 Duane A. and Frances E. Wilson P.O. Lox 152 Eaton, CC 50615 8130345 c SURROUNDING MINERAL OWNERS USR-829 ROBERT AND RITA WISE Don Anderson Incorporated Route 2, Box 43 Eaton, CO 80615 Trailblazer Oil and Gas 3807 Carson Street Evans, CO 80620 Hershey Oil Corporation P.O. Box 91109 Pasadena, CA 91109 880345 AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE• STATE OF COLORADO 1 1 ss • COUNTY OF WELD > - 1, Clyde Briggs, do solemnly swear that I • The Weld (iOllpty Planning Com- am publisher of The Johnstown Breeze; mission will hold a public hearing that the same is a weekly newspaper Ion Tuesday, April 19, 198e, at ,.30 p.m. for the purpose is printed, in whole or in part, and published considering an: Site Specific Development Plan and Special �. in the County of Weld, State of Colorado, Review permit for the proper that any t-he—Purpose describ a and has a general therein; below. Approval of the request said newspaper has been published may create vested property right pursuant to Colorado Law. ! continuously and uninterruptedly in said County of Weld for a period of more than APPLICANT: Mr. and Mrs. Robert fifty-two consecutive weeks prior to the Wise LEGAL DESCRIPTION: Part of t first publication of the annexed legs notice the SEv of Section 34, T7N, • or advertisement; that said newspaper has R66W -of the -6th P.M. weld County, Colorado been admitted to the United States mails as f second-class matter under the provisions (i TYPE AND INTENSITY OF - the Act of March 3, 1979, or all}' PROPOSED USE: _Special Use amendments thereof, and that said Permit for a home business • Stain_Glass Production). • newspaper is a weekly newspaper duly LOCATION: Approximately 1.5 qualified for publishing legal notices and mites west of the Town of Eaton, advertisements within the meaning of the north of Weld County Road 74, and west of Weld County Road laws of the State of COlorad0. 33 That the annexed legal notice or advertise- SIZE: 1 8 ACRES. MORE OR ment was published In the regular and LESS entire issue of every number of said weekly The public hearing will held in newspaper for the period of consecu• the Weld County Commissioners'lor, Weld ,' County �nte, First Center,n 915 live insertions; and that the first County Centennial ed Tenth Street, Greeley, Colorado. publication of said nOtil'L'tV85 in the issue of Comments or objections related I be j said-newspaper dated �^./ A.U. Is•s1 70 submitted in the above request should writing to the Weld and that the last publication of said notice ',County Department of Planning was in the issue of_said newspaper dated Services.915 Tenth Street,Room �/ 342, Greeley, Colorado 80631, /'h•L� , A,D. 19 before the above date or pre- In witness whereof I have hereunto set Aprriletl9at 1t9g8public hearing on my hand this ...21 day of "" Copies of the application are i A.D. 19‘aavailable for public inspection in the y Department of Pltern 5 q /1i � Services -Room 342, Weld I C///J/ County Centennial Center, 915 �,{//�// .. 10th Street, Greeley, Colorado (�%✓ Publisher 80631 - Phone - 356-4000. Extension 4400. Ann Garrison, Chairman Weld County Planning Commission • Subscribed and sworn to before me, a To be published in the Johns- Notary Public in and for the County of town Breeze Weld,_State of Colors do this .,7l.... day of si March blished one(1) time by .,. �J.LI.V� A.D. 19 ..v"' • March 31, 1988 • Notary Public My commission expires USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated -area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: g_p,, ? Section 34 T 7 N, R 66 W ' LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: N/A Section T N, R W Property Address (if available) Weld County Road #33 PRESENT ZONE Agricultural OVERLAY ZONES TOTAL ACREAGE 1,83 PROPOSED LAND USE Home Business EXISTING LAND USE Abandoned buildings and land. No use. SURFAC-E FEE (PROPERTY OWNERS) OF AREA PROPOS-ED FOR THE USE BY SPECIAL REVIEW PERMIT: - —Name: Robert C. Graves Address:_ City Bellvue CO lip 80413 Home Telephone Il 1-482-7018 Business Telephone # 1-482-577— Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT -OR AUTHORIZED AGENT (if different than above) : Name: Robert B. & Rita K. Wise Address: 911 14th Street Road City Greeley Zip 60634 Home Telephone # 356-0893 Business Telephone # 353-0111 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Don Anderson, Inc, Address: 1612k W.C.11. 74 City Psi tnn Zip 80815 Name: Address: City _ Zip I hereby depose and state under the -penalties of perjury that all statements, proposals and/or plans submitted -with or contained within the application are true and correct to the best of -my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Si n Clnd ,,ature: Owne or Authorized AgAnt Subscribed ant sworn to before me this 14M day of 7 c 19 re. ✓> /� NOTARY Y,//9BLIC f My commission expires MY Commi 'n'E�pires G A�9°°t 880345 1111/1 n OPTIMUM In? Au 517 12th Street Greeley, Colorado 80631 (303)353-0111 February 18, 1988 To: Weld County Planning & Zoning Commission From: Robert B. and Rita K. Wise Subject: Uses by Special Review in the Agricultural District Objective: It is our intention, with the approval and issuance of a permit from the Weld County Planning Commission and Board of County Commissioners, to occupy, operate, and maintain a home business in the "A" District. The proposed operation and use would be for the production of stained glass and objects associated with the same. The product is used in private homes, offices, restaurants, churches, and _public buildings ASdecoration. The surrounding properties are primarily used for agricultural purposes with the exception of the Associated. Natural Gas Company 's Eaton Gas Drying Plant which -borders on the south and west aide of the proposed property. The nearest residential structure is approximately 1600 feet to the north. The business supplies only five clients worldwide to whom we sell our completed work on a wholesale basis. We either deliver the finished product to them using our personal vehicle or ship it through a common carrier. Very seldom, if at all, would we have any incoming tusiness traffic. Being a small family business , my wife, myself and my son (part time) are the only employees necessary for our operation. The little water we would use would come from the existing North Weld domestic water tap. The access routes to the property are Weld County Road -/33. A medium-duty asphalt paved road. The property itself, has a existing gravel driveway. The traffic 680345 OPALS - CATHEDRALS - STREAKIES - WHISPIES associated with the operation is limited to small cars and light duty trucks owned by the residents, and one common carrier truck picking up shipments twice monthly. The proposed property has an existing septic tank for sewage, with ample capacity to support our business. Our fire protection measures would include the installation of Class A. B, and C multi-purpose fire extinguishers and smoke alarms in all existing structures. Only domestic pets would occupy the property (two dogs and two cats) . All waste would be discarded along with our household trash weekly by a commercial disposal service. All storage of materials we would be using in our work (ie; glass, tools, molds, etc. ) would be contained in the existing accessory buildings. -No outside storage is required. The proposed landscaping plan for the property calls for the removal of all weeds and the planting of grass, shrubs, trees, and flowers. The driveway and parking area will be covered with -gravel ands existing concrete pad. It is our intention to return the -existing structures back to within the uniform building codes of Weld County and to provide a compatible appearance for the adjacent properties. No structural changes are required to the existing a-ccessory buildings. Only repairs of sheet metal, glass, electrical, plumbing fixtures , and some -drywall insulation. Repairs, landscaping, and start-up of the proposed use is estimated to take 60 to 90 days. at a cost of approximately $8,000.-00, Weld County Comprehensive Plan: 6. In order to promote the agricultural economy and to enhance and -maintain the quality of life and -environment in Weld County, developments that utilize nonproductive rural land and water surpluses will be encouraged, particularly where productive irri- gated farmland can be preserved as agricultural greenbelts and open space. "Weld County Comprehensive Plan" Paragraph #6, page #50. The Proposed use is consistent with the uses allowed by right An the "A" District: note sections; 880345 Pat. j 31.2.1 One (1) single family dwelling unit per legal lot. 31.2.3 Resident garden. 31.3.1 Accessory structures for storage of equipment. The home business would provide gainful employment of the family residing on the property. It would be conducted primarily within an accessory structure and would not change the character of the existing buildings. No exterior storage, display, or sales of materials, goods, supplies or equipment related to the operation is required. There is no offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical interference or other hazard or nuisance that will be noticeable. A small non- illuminated sign will be posted which will conform with the pro- visions set forth in Section 42. The proposed property is not located in a flood plain, geologic hazard or Weld County Airport overlay district area. The surrounding land uses, both agricultural and the gas drying plant, will be unaffected by having us occupy the present unused structures. If anything, our rehabilitation of the property will not only help aesthetically but will increase the value of the property thus enhancing the quality of life and environment in the area. Being a family owned and operated business, health and safety is a priority. There is nothing that we do that could in any way endanger ourselves or the inhabitants of the neighborhood and the county. We have teen in the glass business for the past ten years in the city of Greeley and have never had a complaint against us. The building that we presently occupy is to be torn down within the next few months. The proposed property - was chosen by us as the ideal location for the Tollowing reasons : 1. It -afforded us the opportunity to purchase our own property at a reasonable price so that -we coul-d firmly establish our business in a location that we could also maintain our house- hold. 2. It is located on a maintained road with easy a-ceess to 'both Greeley and Eaton. 3. All necessary utilities are available. 4. We would not interfere with any existig_}ann uses surrounding the property, but would be ,a to he -small community lifestyles Robert B. Wise Optimum Art Glass Inc. 880345 I �`_ ) a I I 1 1 \\ ' I / M L „ ii 7 I Iii I i n Illi '.900 I I j ji? ' n1tl/ Il 5 RRo _32 . .-.�-� __c.-,J,1 L Al wi S Il _Li I c 34 3 s.R eel � flume). 33 •I 1, - _ 'fiat !III N II II I il II ooda \ II II II Lake �� 404/ / 4 �� I b N I . ii I I 3 I 4 J - �l iI a li • n�kt 1C ji I Il I I VIII J I I c . /II r.III .it', • ` 1 I N I \ \ /K. i c , li JI I 8 I i 11 IC I0 I. . �. Ali I \t hey II �,: III Win 1 1 r ii / h:NE . , M/ I I',.I I': I MiiI SCA Lt.. -� ROAO CI AL:;II II AIION 'nnlfl 6001 ASK) II IT II 1 I . J I KILuMI HI/ ". al OOO Medium duly — — — 14 Ili daily I Uuinlproved lii I Slate RoulL 1 CIA UI/App IACv SIANDARDS unoanNCI I LOCATION SEVERANCE, COLO. 80225, OR WASHINGTON, D.C. 20242 £3, 8 345 1141)In W1644'1// ,, IS AVAILABLE ON REQUEST OC7R/ `3 1960 PI ICI I OREVISE Ii 19/I OT a , lip li ! Id ;i \94. .. _j -- I -) i — \-I! ! I ! I I" ! •,I ' I. \ H/ 24 90. .. . H \ 1, I M. - • IiJk - \: n\S.• •' I I - vtiij, . { T IV:roi as 1et. 1 , !.: \ ilill 86. .. . f I • !�It.,..I I I� �� 1 nil .q t •A cot tin 1 • ..:11 II '/ ®0 "..,,a,,,. 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'r - I ;• • • I �l��ri7: . ,: � ' I 1 i • _ t 11 ." u.0: n :a .. I I • i, • FM' �p i u • o•- •'• '• 1 .° ' • tL •' a x. ".'..'..'`: ${!.f lip 32 tw 'p7y' 52 % r psi^4."-tili / Y, vi 7:' . �4 32, 40 ✓ ,, 32 e 33_s ,1 M ` 51 WC/c.„`,4'Y r, .�. . )7:2,, 'e. `\ J a� W-f 32 k.,' y 19 - , R, Ek' vP"n Kf.r lu....-. 32 ;,I S t41 l 24 s ,.� 52 � 33 W. 52 } 4- 4tt, 38 4. ; uik. / =y. 32 31 i (�a " ' xi -egg; lit• v t °7 26 29 `� fik i i sort �Ai�,i sa A t= s • 53 h. t.. i 1' 14 24 24 52 k, \ 4. 24 52 (y' gyp' .,.. 32 19 � � �i. .. i4 32 � 4 I L ^r' 33 52 +'k .47 33 F:�' ).F ,3'. -5t" ,3r {�1 },93 AL 32 33 F 33 'iF y 35 e4 f75 ,4 a e V -F w. • 'U 32 '¢ �. 3• �w11,71r( yy +� r y ^;?tijy$3 66, J3 `'is.,a1•61 11 ... 32 "6 32 0 ^vvk TYa k a . ., 1 4 n flll� 2a 4 •i• �f N �r 4 i r +t I o • • & 3 \ _ y t'.. a q� 'r• �T ka i'41,:,,,, `3a a . rl32 , , r 32 �,. . d { ,, " iF{i' � ^y 52 2 '-•4‘.'4eo t; 24 k 7 i4 kQ ... 24 FY ft r 'S 3,, ". + � r . 2 Cnr t3.n° 4I 34 Ya x + 4 e. '1,r\'`,1,pb4 n• � — 'Y . .. ^M11rc{e s"Y x • 3 , .. y2 a 33Y' i,,F 34 ,\ 2 -istii, ' 34 '+y.F'*?et R; / ! 51.• . _ ..t6' .2 24 w 32 3iteseil 93 32 52 • , 8 ] ‘6..2t,-,.. 32 52 32 - ;4 fi 51liC\ o 33 4 33 a 33 .•. 314iL .; " ' � 24 , .�. `,6.a ;; 47 Ski 04 _ hr 37 ' +F., may,. {y a .. 34 33 • � ^�" y 33 _ .. 1' 48 i s -. . 34 32 8 x , a �5 3z • 3Z 47 104 >7 47 et, N • 138 �� K` ty` 32 33 • 3; y , t �-+x.: .345 eAA Srr - 9 32 33 +r. --`—mac._ 38 t,, 132\ t4 47 } 33 WELD COUNTY, COLORADO, SOUTHERN PART 23 Windbreaks and environmental plantings of trees and The ��;bs commonly grown in the area are generally well potential native vegetation is dominated by blue grama. Several mid grasses, such as western wheatgrass suited to this soil. Cultivation to control competing and needleandthread, are also present. Potential produc- vegetation should be continued for as many years as tion ranges from 1,600 pounds per acre in favorable years possible following planting. Trees that are best suited and to 1,000 pounds in unfavorable years. As range condition have good survival are Rocky Mountain juniper, eastern deteriorates, the mid grasses decrease; blue grama, buf- redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, snakeweed, yucca, and fringed sage increase; hackberry. The shrubs best suited are skunkbush sumac, and forage production drops. Undesirable weeds and an- Siberian peashrub, lilac, and American plum. nuals invade the site as range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation on this soil should be based cropland areas provide favorable habitat_for ring-necked on taking half and leaving half of the total annual produc- pheasant and mourning dove. Many nongame species can tion. Seeding is desirable if the range is in poor condition. beattracted by establishing areas for nesting and escape Sideoats grama, little bluestem, western wheatgrass, blue cover. For pheasants, undisturbed nesting cover is essen- grama, pubescent wheatgrass, and crested wheatgrass are tial and should be included in plans for habitat develop- suitable for seeding. The grass selected should meet the ment, especially in areas of intensive agriculture. seasonal requirements of livestoc-k. It can be seeded into This soil has good potential for urban and recreational a clean, firm sorghum stubble, or it can be drilled into a development. Increased population growth in the survey firm prepared seedbed. Seeding early in spring has area has resulted in increased homesite construction. The proven most successful. chief limiting feature for urban development and road Windbreaks and environmental plantings of trees and construction is the limited capacity of the soil to support shrubs commonly grown in the area are generally well a load. Septic tank absorption fields function properly, but suited to this soil. Cultivation to control competing community sewage systems should be provided if the vegetation should be continued for as many years as population density increases. Because of the permeability possible following planting. Trees that are best suited and of the substratum, sewage lagoons must be sealed. have good survival are Rocky Mountain juniper, eastern Lawns, shrubs, and trees grow well. Capability class I ir- redcedar, ponderosa rigated. _pine, Siberian elm, Russian-olive, and 32—Kim loam, 1 to 3hackberry. The shrubs best suited are skunkbush sumac, percent-slopes. This is a deep, lilac, Siberian peashrub, and American plum. drained soil on smooth plains and alluvial fans at Wildlife is an important secondary use of this soil. The e.�.ations of 4,900 to 5,250 feet. It formed in mixed eolian cropland areas provide favorable habitat for ring-necked deposit and parent sediment from a wide variety of pheasant and mourning dove. Many-nongame species can bedrock. Included in mapping are small areas of soils that be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- have loamy sand underlying material. tial and should be included in plans for habitat develop- Typically the surface layer is brown and pale brown ment, es eciall derl pale part P Yin areas of intensive agriculture. Range- loam about 12 inches thick. The upper 28 inches of the un- Ying material is brown loam. The lower to a land wildlife, for example, the pronghorn antelope, can be depth of 60 inches is pale brown fine sandy loam. attracted b Permeability is moderate. Available water capacity is by developing ckgrazing,lannddsreseeding where needock watering ed. high. P y managing livestock g The effective rooting depth is 60 inches or more. This soil has good potential for urban and recreational h in the survey Surface runoff is medium, and the erosion hazard is low. development. Increased population In irrigated areas this soil is suited to all crops cam- area-has resulted in increased homesite Ncon construction. The monly grown in area, including corn, sugar - chief limiting soil feature for urban development and road beans, alfalfa, small nthe grain, including and onions. An beets,exam- construction is the limited capacity of this soil to support Pie of a suitable cropping system is 3 to 4 years ofalfalfa communitya load. Septic tankabsorption fields function properly,idedif but followed by corn, corn for silage, sugar beets, small sewage systems should be provided the or beans. Land leveling, ditch lining (fig. 6), and installing population density permeability Pipelines may be needed for-proper waterapplications. Lof the substratum,rshrubs and rsewage sgrow well. ecause of the sty _sealed. All methods of irrigation are suitable, but furrow ir- Lawns, shrubs, and trees ligation is the most common. Barnyard manure and com- II3 -Kim loam,IVs ❑o to percent 5gp Loamy Plas. ins range deep, ep, mercial fertilizer are needed for top yields. 33—Kim 3 to S In noial irrigated areas this soil is suited to winter wheat, well drained soil on plains and alluvial efans-This t-eleva ions barley, and re Most s of the acreage to irateis ted o of 4,900 to 5,250 feet. It formed in mixed eolian deposits b ler wheat and is summer-faliowed in alternateyears and parent sediment from a wide variety of bedrock. In- to ailoty moisture accumulation. Generally loaded in -mapping are small areas of soils that have too low for beneficial use of fertilizer. precipitation is loamy sand underlying-material. bble mulch farming, sari cro Ymg�natyace er is _ g. strip cropping, and minimum til- loam yabout 10 n hesxhick. Theca brown and pale brown er Tearing also may be neededl ltolowing and cont of water as osion�on depth of 60 inches is pale brownlfi a sandylloam. part to a s Ape. Th lobes f the o a 880345 escatarr saws a—4L ---_few-.9....M....„22 1 7 CORPORATION+WAR TY Efen an 6 R �,. ' , d� , . -, WESTERN ALFALFA CORPORATION, a Kansas corporation qualified to . t... do business in the State of Colorado, under and by virtue of the laws I of the State of Colorado, whose address is P. O. Box 69, Shawnee • x' fi M Mission, County of Johnson, State of Kansas, and for the consideration • I r".41, of ONE DOLLAR ($1.00) and other valuable consideration, in hand paid, • `r` hereby sells and conveys to DR. ROBERT C. GRAVES, Bellvue, Colorado, 5M 80415, the following real proin-the perty County of Weld, State of o.gColorado, to-wit: Y`t r A tract of land in the Southeast Quarter (SE-1/4) of Section Thirty-four (34) , Township Seven (7) North, f Range Sixty-six (66) West of the 6th P.M., County 81d*h Doo�cuoti 'y Z ni'- s. f Weld, State of Colorado, described as follows: ,1 • +. -Oa 1 7 i ginning at a point on the Section line 80 feet c �'i' • o S/,L outh of the East 1/4 Corner of Section 34, said -point ' r -Place -of Beginning alsobeing on the South-boundary line -of Great Western Railroad right of sway, thence Westerly along said railroad right of way, 500 feet; .35• a� 160₹ Southerly parallel to the _East line -of Section 34, thence Easterly, parallel to said railroad -rijht of way, , -_ D. 500 feet to the East line of said Section 34; thence Northerly along said Section line to Place of "d Beginning; with all its appurtenances, and warrants) the title to the same, subject to -no encumbrances except those presently of record. s Signed this /i may of Qe-"eIrF.C , 1980. WESTERN ALFALFA CORPORATION ' ' ' •Z`o�'• :• ,'t By: '�. • w . S..* • Vice President-- , o %,'V " .. .. ...•� ' ss , se",ntaxy re e 1.401., STATE OF lifiss,0a e r 1 r a COUNTY OF-Sa ) as. • i3 The f9resoing ins1-n0, n k mwle'aed iefore sr this f� ^ �! �,. 0 , 1l80, ?3 •Se-ar••�i valet Bent, Y+i:w'�.`�} a�', , a corporaticn. � taty of 118319110 `^..• eraAt s�tar3rt� 1 alkoa Expires: V a , 880345 The printed port lona of this form approved by the I r Colorado Real Estate Comminion(SC 21.2-AI) TNIS IS A LEGAL INSTRUMENT.IF MOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. I' II I. FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE l (Seller's remedy limited to Liquidated Damages) March 1 II ,1s 88 ;; ,I 1. The undersigned agent hereby acknowledges having received from Optimum Art Glass, Inc. , 0 a Colorado corporation the sum ofE 10.00 a check Seller m the form of ,to be held by ;i I Ito o),er in-brekerts-eserovr er-troslee-aceemt7 as earnest money and part payment for the following described real estate in the County of Weld ,Colorado,to wit: IISee Exhibit "A" attached hereto and made a part hereof by reference. together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a II permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary II wear and tear excepted,and hereinafter called the Property. 2. Subject to the provisions of paragraph 19,the undersigned person(s) Optimtan Art Glass, Inc. I a Colorado corporationj (siOilefiCaeatelleataileiilataalfalitail, hereinafter called Put-chaser,hereby agrees to buy the Property,and the undersigned owner(s),hereinafter called Seller,hereby agrees to i. sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S.$ 50,000.00 ,payable as follows: $ 10.00 hereby receipted for; 1 $4,990.00 in cash or certified funds at the date of closing and the balance of $45,000.00 to be paid by Purchaser executing a promissory note in the principal I amount of $45,000.00 with interest at the rate of 10% pPr annum. Said note shall be amortized over a period of 20 years and shall be paid in payments of principal and interest commencing three months from the date of closing and quarterly payments (every three months) thereafter until paid with a final payment of all principal and interest due 10 years fran date of closing. Purchaser shall have the privilege of prepayment without penalty. Said note shall be secured by a I First Deed of Trust upon the property, said Deed of Trust to be executed by PI Purchaser in favor of Seller. iI . • ,i ' I4. Price to include the following personal property: ' two grain bins and one leg auguer. • to be conveyed by bill of sale at time of closing in their present condition,free and clear of all personal property taxes, liens and encumbrances,except: none and except any personal property liens in any encumbrance specified in paragraph 12. The following fixtures of a permanent nature are excluded from this sale: none 5. Price to include the following water rights: one residential water tap with the North Weld County Water District. -67-tfa-nra-I on-iris-to fir OfrrerrreTRI-Pirrchastrrf Tura ThiTG pa MITT QfrafA7FrOTi;es-lo promptly andalrgcnly7:7-apply-for-sue h wars,(tn erecrrtr RH'dgcrrmrtrtsandflrrtrtsh-att tiff trfitaftlerr gtedot'L%-fits req u l rea by-tfie Tardei,-an(f-(rtpa)-titetortomary Lasts nrabt ainTngstrchicart-Thrtr Intl ElT roDnSs nit approves on or before -tg=7vrff so'approvett-burlr narlinttahleaT tiTITInTfMb3lhg CfilgconlliclsFam be nun-and-voidandag payments and -ttrinirratraftre-rereivedhereande,-stran-br Ter rrnPdt6PITfttitret'-177-Krnrte and t,nsrdeetYOrmortgagetst61Tr3ssu m ed;'PuTch aser agrees-to appry ror aloan assumption if tour reef-errd-agrmmtc P*r tH a f aan•trimerrfe e n ariDre7t retR1l- and[2Jan interest rate -nett-to-exceed" ear JTJrxTnrnzr.-lrfire-loan Co 6e assumeatas provisions ror a snared equity or variable k,teresk-rates erva riabk pa,.,,.marthis-contsact-is-ronditivnedvpon-Ptrrrhaser Tevl,Pwtffg 6T17f-consenl.irT to—-ptovisi errs.41Nte-1et.d,,'.,%onserrt-tea-Ieamessnmptivnis required;this torrtrneriswrfditldlfrd'ttpono1Ta in ling such, • -tenser t-wit4,e.t-e4. nge itt-the-termsand.,,.,Jitierrsof surMvan-except nrherotn-prpvtftni No.sc 24-1.81.cunlr.rl to Buy.nd Sell Real Ea ate Warn Rauch)—Bradford rubli.hinr Co. (�-10.;.S.; }ryS T7 A-, . hn25 W.Cll. Ave.,I.•keu nod.cnloradoll fl.,� . tfi.•DOlrl' h-al • • to; fir- de_PaYab)e-to-Seller-as partial orfull payment-of the-lwwrc a, <b'a � We Par of I P.� -by- chaseewithou twritte�cons>=fit-5f�$eNeg 9. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser. i 10. An abstract of title to the Property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price, at Seller's option and expense, shall be furnished to Purchaser on or before I March 10 ,19_28..If Seller elects to furnish said title insurance commitment,Seller will II deliver the title insurance policy to Purchaser after closing and pay the premium thereon. I 11. The date of closing shall be the date for delivery of deed as provided in paragraph 12.The hour and place of closing shall be as designated by mutual aey•Petflen1- of Plirrhagpr and gel 1pr , 12. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 13 and 14. Subject ; to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, I Seller shall execute and deliver a good and sufficient general date of closing warranty deed to Purchaser on II clear of all taxes,except the general taxes for the Year of_closing,73 conveying the Property free and • COC ll free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether assessed or not;free and clear of all liens and encumbrances except none. except the following restrictive covenants which do not contain a right of reverter: those of record. , il i and except the following specific recorded and/or apparent easements: those of record. and subject to building and zoning regulations. 13. Except as stated in paragraphs 12 and 14,if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s)on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph I' 14,if title is not rendered merchantable as provided in this paragraph 13,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this i transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party i. hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 15. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid rents,water rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances,if any,8X2C• shall be apportioned to date of delivery of deed. Purchaser shall be responsible for any sales and use tax that may accrue because of this transaction. 16. With respect to the growing crops Seller and Purchaser agree as follows: none on premises. • • 17. Possession of the Property shall be delivered to Purchaser on date of closing. subject to the following leases or tenancies: none If Seller fails to deliver possession o e ate herein specified,Seller shall be subject to eviction and shall be liable for a daily rental of$ ---1-0{+S W: until possession is delivered. 18. The risk of loss from any damage to the improvements by fire or other casualty prior to the date of closing shall be on Seller; provided, however, that if Seller shall maintain insurance on said improvements which will I compensate for the full replacement value thereof, and if Purchaser elects to carry out this contract despite such damage, Purchaser shall be entitled to all such insurance proceeds.The risk of loss for any damage to growing crops, il by fire or other casualty,shall be borne by the party entitled to said crops as provided in paragraph 16,and such party shall be entitled to the insurance proceeds,if any. II 880345 19. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment 11 due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided,there shall be the following remedies: (a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance I and additional damages. II (b) IF SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case II all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover ' such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect IIand Purchaser shall have the right to an action for specific performance or damages,or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this �I contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. II —__20.-Rurchases an d Sell eLagr.ee_that.itLthaesenLota ysantrEYews3:Legarll inKUtenx ncSt.ltlpiLcshrilla hLQ 1SsL mniessnmtnai•+r+vt{coins+rtetkni-isteeeived-by-tweket;-htroker•s#teil•net•bet'eattarecWAstakeawyaetiara_lurt-+a awawait g an eprec!edingrov'athr&.erls-e rtjgfl-on4digeeeionTnl*vYPte'pketiaRy-plcpeyrror-Uw. 'recoYercourt-eosts !-. Aso-nit-We nttortreyaLleer. r+(.�-ol�atuwstiQ.cotssl audut•u 21. Additional provisions: I I II See Exhibit "B" attached hereto and made a part hereof by reference. II it • I I 22. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before I March 5 1:, 88 this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs.successors and assigns of such parties,except as stated in paragraph H. Opt' Art/Glass, Inc. , ,a Colorado corporation ' BL= a Q1 . � W c _ ""'"-“ R. Kristine Wise, President and"'individually -- — ""''"""` Tannis Herrick, Secretary and individually Pur'chaser's Address l.Jlte 3q11 [44 R.tur -RomQ hreele Cy ablo35/I /`fGr'•rtuL 97/2/ 4 e2ucc Q,GeeA he me e0/4(1s ae jO6.2(p iI • (The following section to he completed by Seller and Listing Agent) 23. Seller accepts t he a hove proposal this day of March tvtrmrnrrnnmjsrinnY,F —.I'9A_ nrufurrittr sr«FNtrymrednrrtrrierfirolier•vrt•s-tnthis•ir f lit rRYre Tf fl or 4.4 NMF trE LIMY the-H l,•:ryNI-141411V74 mrtwtnnn,:Hirt-cif irt%71rr 1ft-Mffy`if�1r[�1<TI••IYr�}hl•1h'11H rirlY�lfl{p.ITM•erR� tY tend ail Hirt T�YTlt'It•a{1T I} -Ira nrhoHn+wra-trl«N.it+t-�M.rktr•an,4-1.elIt- -Froth-hi r,{men sfhn-KereFH rrcTnttmr,.inrt.irtnit hr -Ir hoe rt.rSt{kn ere Ch Graves Seller's Address Listing Broker's Name and Address - I ;O345 A tract of land in the Southeas —'�• A rcp Seven l in Quarter (SE1/4) of Section Thirty-four (34), TWeld,o Statep en (7) North,aotdof Range Sixty-six (66) as follows West of the 6th P.M., County of Beginning at a point on the Section line 80 feet South of the East 1/4 Section 34, said point or Place of Beginning in of Great Western Railroad right of way; Corner of thence Westerly g 9 also being on the South boundary line thence Wosterl along said railroad right of wa thence Southerly parallel to the East line of Section 0 34, 160 feet; of said Section,34arallel to said railroad right of way, thence Northerly along said Section line to Place I of Beginni gf• eet to the East line • • • • • • • EXHIBIT "A" 880345 EXHIBIT "B" A . Purchase of this property is expressly contingent upon Purchaser receiving a change of zone or use by special review as granted and approved by the Board of County Commissioners of Weld County , Colorado . In the event the use -by special review or change of zone is not approved , at Purchaser ' s option , this Contract may be declared null and void and all down payment money returned by Seller to Purchaser. B . Date of closing shall be not later than ten ( 10) days following the approval or rejection of the use by special review or change of zone by the Board of County Commissioners of Weld County. C . From the date this Contract is approved by Purchaser and Seller to the date of' closing, Purchaser shall have the right to enter upon the premises and perform activities such as clean up, repair of plumbing, electrical and other structural problems , however , all such improvements shall be at the sole risk and expense of Purchaser. In the event the closing of this contract does not take pl-ace , Purchaser shall not be entitled to compensation of any type for labor and/or improvements installed or placed upon the property. Purchaser agrees that it shall have no authority to encumber said property with a mechanic ' s lien or other lien whatsoever and Purchaser agrees and stipulates it will not suffer the property to be encumbered by a mechanic ' s lien or other lien . Seller , to assist Purchaser in clean up and improvement work prior to the date of closing agrees to sign for any building permits for improvements if the same are necessary. D . Should Purchaser perform any work upon the premises between the date of this Contract and the date of closing and need any utilities , Purchaser shall be responsible for payment of all utilities , including but not limited to water , electricity and gas . 880345 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property SE Quarter of Section 34. Township 7 N of Range 66, W. of the 6th P.M. , County of Weld, 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. R -Lek Rt-Lek K The foregoing instrument was subscribe and sworn to before me this 7 day A ../ , 19 5 by RITA K. WISE. WITNESS my hand and official seal. My Commission expires: rv,y Ccmrnhokr EVi Fab. 1, 7984 �: 27/ Notary Public 880345 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET , Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION // Anderson Don Inc. RT 2 Box 42 Eaton CO 80615 0707-34-0-00-012 1913 s Graves Robert C. BellvueWCOd8041 P.O. Box 5493 80415 0707-34-0-00-013 Associated Natural Gas Denver CO 80217 Leasehold Interest P.O. Box Johnson Hattie N. Etal Eaton CO 80615 0707-34-0-00-014 E • P.O.Box 152 Wilson Duane A. & Frances E. Eaton CO 80615 0707-35-0-00-003 P:9:Bose-91-}0y- s�erta -G�4 91109 uasci.old Interest 880345 AFFIDAVIT OF INTEREST OWNS MINERALS AND/ORSUBSURFACE Application No. Subject Property W. of the 6th P.M. . County of Weld. Colorado. STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. }?1t,11 l The foregoing instrument was subscribed and sworn to before me this 12) day of‘-17/10A (G .} , 19Z by RITA K. WISE. WITNESS my hand and official seal. My Commission expires: ,. . ..�rY{11l.az k n Exp1r° Feb. 1, 1989 Notary Public 880345 MINERAL OWNER: Don Anderson Inc . Rt 2 Box 43 Eaton, CO 80615 MINERAL LESSEES: Trailblazer Oil & Gas 3807 Carson Street Evans , CO 80620 Hershey Oil Corp. P.O. Box 91109 Pasadena, CA 91109 130345 Hello