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Home My WebLink About850666.tiff , (-- I § 0 g 1 • J.� -.n mow. y 1 a,, , ,''�_' 0 O , ,... , ..,.. • DI I • --- O , 1 w': : .....,; „...., i5 J` I ��o (1©r�. o �t viii '' ��- 1! _:::i• 9 IRI ,: nag t [ I c' ° iY is ;! 'i °!%¢1tpp_°sii= het !.i 1 l ;l \ ° J : • •1 j}J,.:hi:. -, :I, ,i,..8 1.. lIff she€ ii11 e! JIlL / ! \ j 3 Pi: �� :iii i:� e:;8.• in , !l ill 11 1.1 ; a!'Ilap'i i! 1 !� igt iaa is= iiil_a l:z!lsi.a }:1$i: rta all ail Mari aiiiii:iz filth . ir I fro 1 .0 Ia il• a ii r I s i3 'cit flit si a di• 1Iil !�i - • !I g iln Iii i3 e, lid jiill ill A. ?. f A list iss i _ JO. 2 ' Ill in f ' . :1I I file ' I I i RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR NURSERY AND GREENHOUSE - LEE M. AND BARBARA L. MAXWELL 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 29th day of May, 1985 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Lee M. and Barbara L. Maxwell, 35901 Weld County Road 31 , Eaton, Colorado 80615 , for a Use by Special Review for a nursery and greenhouse on the following described real estate, to-wit: Part of the NE4, Section 4 , Township 6 North, Range 66 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 Weld County Comprehensive Plan. The Comprehensive Plan encourages the expansion of agri-businesses and agricultural oriented industry provided these enterprises do not adversely affect the economy or environment. 7 850666 /. pLIOt7 Page 2 RE: USR - MAXWELL b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The use is both compatible with existing agricultural activities and with any future agricultural use as identified in the Comprehensive Plan. d. The proposal was reviewed by the City of Eaton and was found to comply with their long-range comprehensive plan. e. No overlay district affect the site. f. The Use by Special Review Operation and Design Standards 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 Use by Special Review for a nursery and greenhouse on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions : 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . Expansion of 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 has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. Page 3 RE: USR - MAXWELL The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of May, A.D. , 1985 . -{( BOARD OF COUNTY COMMISSIONERS ATTEST: • a j7 uut4�W71 WELD COUNTY, COLORADO \ Weld County O11erk and Recorder WYvarN� and Clerk to the Board a ///� line l ?J�h son, Chairman AO gat-- BY: P BY. � �� Gene R. Brantner, Pro-Tem D puty County Cl k EXCUSED APPR ED AS TO FORM: C.W. Fir Q r y County Attorney / Fr k mag i OPERATION STANDARDS Lee M. and Barbara L. Maxwell USR-657 :85 : 14 1 . The uses permitted shall be a nursery, greenhouse, and garden center as described in the application materials on file with the Department of Planning Services. 2 . The applicant shall comply with the design standards for the Use by Special Review, Section 24 .5 et seq. , of the Weld County Zoning Ordinance. 3 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 .6 et seq. , of the Weld County Zoning Ordinance. 4 . 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 Operation Standards stated hereon and all applicable Weld County Regulations. 5 . 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. 6 . The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards . Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners . HEARING CERTIFICATION DOCKET NO. 85-30 RE: USE BY SPECIAL REVIEW FOR A NURSERY AND GREENHOUSE - LEE M. AND BARBARA L. MAXWELL A public hearing was conducted on May 29, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby — 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, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated May 15, 1985, and duly published May 16, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the application of Lee M. and Barbara L. Maxwell for a Use by Special Review for a nursery and greenhouse. Chairman Johnson informed the applicant of the procedure used when only four Commissioners are present to hear an application. Lee Morrison, Assistant County Attorney, made this matter of record. Gloria Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission into the record and stated that six Operation Standards were recommended for this operation. Lee Maxwell, applicant, came forward to explain the operation and answer questions of the Board. Commissioner Lacy moved to approve the Use by Special Review for a nursery and greenhouse, basing his motion upon the recommendation of the Planning Commission and including the Operation Standards as proposed. Commissioner Yamaguchi seconded the motion which carried unanimously. APPROVED: \/�/j �/ BOARD OF COUNTY COMMISSIONERS ATTEST: I ' l� J4Ati4nd WELD COUNTY, Ci ORADO Weld County Clerk and Recorder �� \� ►►�a. and Clerk to the Boar c ne Joh'so , Chairman By: 1 2 eputy County Cle k Gene R. Brantner, Pro-Tem EXCUSED C.W. Kir. ' •r. ?'* . Lacy Fran Y Jaguc. TAPE #85-40 DOCKET #85-30 LHR 2245 (2,1 _..- ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : MAY 29, 1985 DOCKET # 85-26 - USR, SALVAGE YARD, JESS & IRENE BOND DOCKET # 85-30 - USR, NURSERY & GREENHOUSE, LEE M. & BARBARA MAXWELL DOCKET # 85-31 - AMEND USR, JAMES MCDONALD PLEASE write or print legibly your name , address and the DOC 4 (as ifs bid above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 5 , c I? Sii\ ( 1Iri i�Limit" 4- 0 gs ao C he!Y [) l'ivk„,cis 35i k S4ti SA-- Vrccle� 4 g'c -ac iOh,-,,7L r., 4/19((;l;r. / C. --t-0. ?,C/$" (_c /3 ‘O tr5 - ,7. ‘ 40,),,,s..., A`n c\-\- D - 3 C)?in ) c2A -3% -* SC-3 -- r74(1) HCLe kJ? ' Ssc�icAFNJILL. C 7f?alv.C'.,C g li g5-,.3/ la leCL c A1.C,_ i4/5;m luck. 7 gs- L e- e MAAxoe c C 3c967/ t iOR 31 -I/ 2(s=3 ci Itiktu-dC. vrtiktvi 7 ( [L /UM : j 0 - 2. L. j',7jt-,%/ dT/2-t 17/ g G S°'‘ Loci 3 ? 4 2,fi'--?21- ) . U.lu'i `j 53 to T- ZS 4 cc-,5 2 G,//d VYc 4V gS_ - j / 1,1C ii C-0111 33' h x ki by . s' \Nay-, eta--,,..ktc cR(9,21 v i a. 36:? jfafi,-,...;:y 4 r,t-i----,V //:.....5 L-30kd ,261/.21 wee •?_Y Kcrs< y ES"- .71 if l-' ' ,,Yr ILo� ey,\ ,- 200 LJc_ Q /i2 - cis" - 3 EXHIBIT INVENTORY CONTROL Sir T Case (/3 f' 07. .a J Exhibit Su]init1ed By Exhibit Description f� A. 21-4--n,17? gn�' X1424-!C4-tai-rL 7�LCoJ��✓r Piyr � B. eS / 001 /l..lZeel; . 02,-WAT? 3 j, v e-te z) of "WeadeiZei;r, D. zelGv E. F. G. H. I. J. K. 1 M. N. 0. NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised 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. 85-30 Lee M. and Barbara L. Maxwell 35901 Weld County Road 31 Eaton, Colorado 80615 DATE: May 29, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Nursery and greenhouse LEGAL DESCRIPTION: Part of the NEl Section 4, Township 6 North, Range 66 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: May 15, 1985 PUBLISHED: May 16, 1985, in the Johnstown Breeze I AFFIDAVITOF PUBLICATION THE JOHNSTOWN BREEZE !WWI STATE OF COLORADO td td the • < ,..ot - l ss COUNTY OF WELD i Zoos e I, Clyde Briggs, do solemnly swear that I of am publisher of The Johnstown Breeze; that the same is a weekly newspaper oar printed, in whole or in part, and published *1 ste sai'ihlirat a in the County of Weld, State of Colorado, Ibecte.t pe a and has a general circulation therein; that to nandand may lasaid newspaper has been published Shoed tiro eppll continuously and uninterruptedly in said misiasled of County of Weld for a period of more than rpepoaeedi°ew��make a ee the fifty-two consecutive weeks prior to the =IPA iwhich wl l be kept first publication of the annexed legal notice during the hearing, the Clerk.o or advertisement; that said newspaper has the Board's Office can ba con- warier, f certified court been admitted to the United States mails as i e t fined,th eCll e rk to Bon second-class matter under the provisions of the advised of such action at least the Act of March 3, 1879, or any five days prior to the hearing.The amendments thereof, and that said cost of engaging a court reporter newspaper is a newspaper duly shallbe borne by the requestingweeklyY party. qualified for publishing legal notices and BE IT ALSO KNOWN that the advertisements within the meaning of the text and maps so certified by the laws of the State of Colorado. Weld County Planning in the g nom onexamined - That the annexed legal notice or advertise- Wed may be Pxamin office of the Clerk to the Board of ment was published in the regular and County Commissioners, located in the Weld County Centennial entire issue of every number of said weekly Floor,Center, Colorh ado.6.Third newspaper for the period of ./... consecu- DOCKET NO. 85-30 tive insertions; and that the first APPLICANT publication of said notice was in the issue of Lee M, and Barbara L. Maxwell said newspaper dated ,--i6 A.D. 198.5 36801 Weld County Eaton, Colorado 80615 and that the last publication of said notice DATE: May 29, 1985 was in the issue of said newspaper dated TIME: 2:00 P.M. A.D. 19 In witness whereof I have hereunto set REQUEST: Use by Special Review -. Nursery and green- my hand L �d day of ./1 ... ..., house A.D. 19. LEGAL DESCRIPTION: Part of- the NEB Section 4, township 6 , North, Range 86 West of-the 6th P ... BOARD OF COUNTY / Publisher CpYMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN Subscribed and sworn to before me, a FEUERSTEIN Notary Public in and for theCounty of COUNTY CLERK AND RECORDER AND CLERK Weld, State of Colorado, this ... ? ?:day of TO THE BOARD /71-- �, A.D. 19c' BY: Mary Reiff, Deputy l DATED: May 15, 1985 �4,, ,-?9-✓ 4 PUBLISHED: own Breeze.198S, in YYY�� 1�e8�,'FNotary Public. My commission expires My Commission Expires June 14, 1987 2 South Parish Avenue Johnstown, CO 80534 fxrr/B/T O DATE: May 15 , 1985 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 29th day of May, 1985 , at 2 : 00 P.M. Docket No. 85-30 - Lee M. and Barbara Maxwell , USR-Nursery and greenhouse Docket No. 85-31 - James M. McDonald, Amend Development Standards and addition of new Development Standard OFFICE OF THE CLE TO THE BOARD BY: ;,22:9,464 5," 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 tO gt.(l PROOF OF PUBLICATION The North Weld Herald Eaton, Colorado 80615 STATE OF COLORADO, ) County of Weld 1 SS. LEGAL NOTICE III1lnI,1fIf1�d 1II1Ce'II rintennial Cernter.915 101h SL.Third Phmq V l K a .. aw h t6c, ninR gwc A Q (7C. Jo- do solemnly swear that I am ll il i cntnr'he welds unty Toning Ordl- DOCKET NO.85-311 0' I ti t1A/�,.� nenee,a public hearing will be nerd in the APRIL(ANT: —J .Of T E NORTH WELD HERALD; that the Chalebcrs me Board of County Commis- ionen of Weld County, Colorado, Weld I.ce M.m,d Berbera I..Maswcll S is a weekly newspaper printed, in whole or in part, and 354D Wcld Cnunly Rued 31 Conn,)Centennial Center,915 the time SL,First Eaton,Colorado 80h15 published in the County of Weld, State of Colorado, and has flour,Greeley,Colorado,al time speed DATE:Ma,29,1985 0cll. All persons in any manner Interested TIME:2:00 P.M. a general circulation therein; and that said newspaper has n me Use n, special Review are re Yestea been published continuously and uninterruptedly in said °°„end and ma,be beam. Rdgreen: Gse by Special Re. Nurser, Should the applicant or an,interested par- and greenhauxe County of Weld for a period of more than fifty-two con- t.desirethepresenceofacertifiedcourtre- LEGAI. DESCRIPTION: Part of tee Nest porter,n make a record of the proceedings, of t'he h,Township 6 Son ty R Colorado do Wesl secutive weeks next prior to the first publication of the n addffon to the taped record which will be of the 6th P.M..Weld County.Colorado annexed legal notice or advertisement; that said newspaper "kep„a sromct .�beincuntac acted lerka tlisl of DATED:Mn, 15.1985 has been admitted to the United States mails as second- certified churl repnder%in the area.If a coup BOARD OF COUNTY reposer is ohtained,the Clerk to the&,md's COMMISSIONERS class matter under the provision of the Act of March 3, 1879 Of ee shall he ad.ised of such action at least YIELD OUNTY.COLORADO or any amendments thereof, and that said newspaper is aBY:MARY ANN feuL:ksrem n,e days prior In the hearing.The cost ol en- COUNTY CI ERE ANDRE("YDLR gaging o court reporter shall he home by the AND CLERK ft)THE.,)ARD weekly newspaper duly qualified for publishing legal requesting part,, BE IT ALSO KNOWN Thal the ,est and BY:Mars Real,Deputy notices and advertisements within the meaning of the laws maps ,ecrlined by the Weld C.o ,tr Plan Pub0shc,l M:.' 23, 1985 in the Nord Weld of the State of Colorado. fling cnmmi, inn ma, he ecammca the ucrnw office of the Clerk to the Board of County Commissioners, located in the W_td County That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of () C` consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated JILCcA, a3 A.D., 19 2S, and that the last public2'tion of said notice was in the issue of said publication dated f JIO,u;t i3 A.D., 19 SIS, In witness /whereof I have hereunto set my hand this Z.3A--()I day of i,_ A.D.., 19 �'Si Glsbf ce )tit, ILatl., Subscribed and sworn to before me, a notary public in and for the County of Weld, State of Colorado, this 23rd day of fta l A.D., 19 Pc. & ka) C. i£3, Notary Public 223 first St-.-ea_ttn Co. eC6IC My Commission Expires Oct. 21,-1987, 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 certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised 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. 85-30 Lee M. and Barbara L. Maxwell 35901 Weld County Road 31 Eaton, Colorado 80615 DATE: May 29, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review — Nursery and greenhouse LEGAL DESCRIPTION: Part of the NEk Section 4, Township 6 North, Range 66 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: May 15, 1985 PUBLISHED: May 16, 1985, in the Johnstown Breeze Summary of the Weld County Planning Commission Meeting May 7, 1985 Page 8 CASE NUMBER: USR-675:85: 14 APPLICANT: Lee M. and Barbara L. Maxwell REQUEST: Use by Special Review Permit for a Nursery and Greenhouse LEGAL DESCRIPTION: Part of the NEB, Section 4, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: 2-1/2 miles west of Eaton, south of Weld County Road 74 and west of Weld County Road 31. APPEARANCE: Lee Maxwell, property owner and applicant, reported that three years ago they began a greenhouse and nursery operation and they are asking to enlarge this. They grow all of their own bedding plants. Because this is primarily a family operation they are also asking that a second residence be allowed for the greenhouse manager on this same sixteen acres. The Chairman asked Mr. Maxwell if he had read the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff. He stated he has and has no objections to them. The Chairman called for discussion from the audience. There was none. The Chairman asked that reading of the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Paulette Weaver moved Case Number USR-675:85: 14 for Lee M. and Barbara L. Maxwell for a Use by Special Review Permit for a Nursery and Greenhouse be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff and the testimony of the applicant. Motion seconded by Sharon Linhart. 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. Lydia Dunbar - yes; Paulette Weaver - yes; Jack Holman - yes; Sharon Linhart - yes; Bob Ehrlich - yes. Motion carried unanimously. F,11/-1/B/T e 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: MELD C9i„T1 CI" . -S CASE NUMBER: USR-675:85: 14: D IE7 { 7F] NAME: Lee M. and Barbara L. Maxwell i MAY 1 01985 ' ADDRESS: 35901 Weld County Road 31, Eaton, Colorado 8 7.15O GREELgt Caw REQUEST: A Use by Special Review Permit for a Nursery and Greenhouse LEGAL DESCRIPTION: Part of the NE1 Section 4, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: 2.5 miles west of Eaton; south of Weld County Road 74 and west of Weld County Road 31 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. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. The Comprehensive Plan encourages the expansion of agribusinesses and agricultural oriented industry provided these enterprises do not adversely affect the economy or environment; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The use is both compatible with existing agricultural. activities and with any future agricultural use as identified in the Comprehensive Plan; - The proposal was reviewed by the city of Eaton and was found to comply with their long-range comprehensive plan; - No overlay district affect the site; and , XN/Bi7 / USR-675:85: 14 Lee M. and Barbara L. Maxwell Page 2 The Use by Special Review Operation and Design Standards provide adequate protection of the health, safety, and welfare of the neighborhood and the County. The Planning Commission's recommendation for approval is conditional upon the following. 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. Expansion of 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 has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. Motion seconded by Sharon Linhart. Vote: For Passage Against Passage Lydia Dunbar Paulette Weaver Jack Holman Sharon Linhart Bob Ehrlich 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 ofthe Resolution of the Planning Commission of Weld County, Colorado, adopted on May 7, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 8th day of May, 1985 Bobbie Good Secretary OPERATION STANDARDS Lee M. and Barbara L. Maxwell USR-657:85: 14 1. The uses permitted shall be a nursery, greenhouse, and garden center as described in the application materials on file with the Department of Planning Services. 2. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 3. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 4. 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 Operation Standards stated hereon and all applicable Weld County Regulations. 5. 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. 6. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. C ( DEPARTMENT OF PLANNING SERVICES �� PHONE(303)356-4000 EXT.4400 r.411 VI '4a191510th STREET \'L.. GREELEY,COLORADO 80631 A i ', I , ' ax ®®® ri' c, Y COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Nay 7, 1985, at 1:30 p.m. to review a request for approval of a Use by Special Review Permit for a nursery and garden center from Lee Maxwell on a parcel of land described as part of the NFL, Section 4, T6N, R66W of the 6th F.M. , Weld County, Colorado, containing 16.68 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 obiections 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 May 7, 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. Robert F. Ehrlich, Chairman Weld County Planning Commission To be published in the La Salle Leader To be published one (1) time by April 27, 1985 Received 'i3��.'., J -zGc dt-raGf Date: V- I-- A \ r INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number 2(.5/< 4. 15 / c i /y Submitted or Prepared Prior to Hearing At Hearing i V% 1. Application �3 Pages 2. / Application plat(s) / page(s) V' v/3. DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DI'S Mineral Owners Mailing List 7. 3 DPS Maps Prepared by Planning Technician ,/ 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the /0 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were orwarded to the Clerk to the Board's office on '211761y/ /0 19 1) . Q Current Pl .ner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS yo — DAY OF �h 19 .Ys S , SEAL NOV'ARY PUBLIC NY COMMISSION EXPIRES My Commission Expires Feb. 13, 1989 LAND-USE APPLICATION SUMMARY SHEET Date: May 7, 1985 CASE NUMBER: USR-675:85: 14 NAME: Lee M. & Barbara L. Maxwell ADDRESS: 35901 Weld County Road 31, Eaton, CO 80615 REQUEST: Use by Special Review for nursery and greenhouse LEGAL DESCRIPTION: Pt. NE4 of Section 4, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: 2' miles west of Eaton, south of Weld County Road 74 and west of Weld County Road 31 SIZE OF PARCEL: 16.681 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services has not yet received a recommendation from the Greeley Soil Conservation Service. The Department of Planning Services has received no objections to this proposal. FIELD CHECK FILING NUMBER: USR-675:85: 14 DATE OF INSPECTION: April 25, 1985 NAME: Lee M. & Barbara Maxwell REQUEST: Use by Special Review for a nursery and greenhouse LEGAL DESCRIPTION: Part of the NE1 of Section 4, T6N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: 21 miles west of Eaton, south of Weld County Road 74 and West of Weld County Road 31. LAND USE: N Weld County Road 74, farmland E Weld County Road 31, cropland, residence S Residence, cropland W Dwelling, metal storage building outsite equipment storage, farmland, Montgmomery Drainage Ditch. ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Accesses are to Weld County Road 31, A paved road. Structures on the proposed Use by Special Review permit site are 1 residence, barn with corral, a nursery/gardening retail store and 5 greenhouses. A tree orchard is located west and north of the dwelling. Miscellaneous equipment is stored (outside) on the south side and pasture occupies the west corner of the subject area. There are six residences within 1/4 mile. By: �w�-- Gloria 1V. Dunn Curren) Planner C REFERRAL LIST APPLICANT: Lee & Barbara Maxwell NUMBER: USR-675 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: 4/26/85 NO SR NR NO SR NR County Attorney X Weld County Health Dept. X Doug Graff 3115 Grandview Dr. X Engineering Department Greeley, CO 80631 X County Extension Agent X Greeley Soil Conservation Service Office of Emergency Mngmt 4302 W. 9th St. Rd. Greeley, CO 80634 State Engineer Division of Water Resources X X Eaton Fire Protection 1313 Sherman St. , Room 818 District Denver, CO 80203 c/o Duane Wilson Rt. 2, Box 152 _ State Highway Department Eaton, CO 80615 1420 2nd Street Greeley, CO 80631 >/ X Eaton Planning Commission c/o Gary A. Carsten _ Colorado Department of Health P.O. Box 946 Water Quality Control Division Eaton, CO 80615 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 e v-- + }' n 1. \ �Sa IF- ):4 x• ii • r�.'• xo f xYkT \ . 1 V - ;II 1' \;.� J o.. .\ . C II s +`—�x, e e I ,o � 29 `! 1 xs 1' x�u d/ °,v EacF Iii �`1N� CC •II 88.. ... .. b.ro �, g. j •••" • iniellinht Os • ii: \s ._, ,c �� •,g i • ! 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MAILING LIST Lee and Barbara Maxwell USR-675:85: 14 Don Anderson, Inc. 15681 Weld County Road 74 Eaton, CO 80615 Naythorn Farms Box 902 Eaton, CO 80615 Ronald & Lauretta Anderson 14886 Weld County Road Eaton, CO 80615 Lee & Barbara Maxwell Pt. 2 Eox 42 Eaton, CO 80615 Darrel & Tamara Lockman 35581 Weld County Road 31 Eaton, CO 80615 Lawrence & Wilma Mounce Rt. 2, Box 43 Eaton, CO 80615 Clyde Sullivan 34969 Weld County Road 35 Eaton, CO 80615 EATON GROVE LANDSCAPE & NURSERY 35901 WCR 31 EATON, COLORADO 80615 454-3856 3334 April 3, 1985 Board of County Commissioners and Weld County Planning Commission Weld County, Colorado Enclosed are the application materials in support for our request for a Use by Special Review Permit. We are re- questing permission to operate Eaton Grove Landscape and Nursery as it now exists and as we plan it for the future. Our operations include nursery, bedding plant, garden center, and landscape aspects. As part of this application we are requesting permission to secure a building permit for a second residence on our sixteen-plus acre parcel, as well as, for permits for future additional greenhouses and cold frames. Explained in an earlier letter, we find it necessary to have a second residence so that close supervision may be given to our operations, especially during the freezing months. If you desire further information please contact me. With Regards, L Lee Maxwell Owner ROAD 74,3 MILES WEST OF EATON APPLICATION USE BY SPECIAL REVINW Department of Planning Services, 915 Tenth Street, Creeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number _ Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NE% Section Four (4) T 6 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: NE k. Section 4 T 6 N, R 66 w Property Address (if available) 35901 WCR 31, Eaton, Colorado 80615 PRESENT ZONE Agricultural OVERLAY ZONES TOTAL ACREAGE 16.681 _ PROPOSED LAND USE Greenhouse. Nursery. Garden Center, T.andsrapinq EXISTING LAND USE Sante SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Lee M. and Barbara L. Maxwell Address: 35901 WCR 31 city Eaton Zip 8061 5 Home Telephone # 454-3856 Business Telephone # 454-3856 APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Address: City Zip Home Telephone # Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Lee M. and Barbara L. Maxwell Address: 35901 WCR 31 City Eaton, rol orado Zip AO6l I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature: Owner of Authorized Agent Subscribed and acorn Co before me this_o day of (..1._4,4_ 19 ?. 5 SHAL NOTARY PUBLIC My com,,isoinn exgirea -) .- I h - SUPPORT MATERIALS FOR APPLICATION FOR USE BY SPECIAL REVIEW PERMIT Submitted to: Weld County Department of Planning Services Prepared by Lee M. Maxwell April 1985 TABLE OF CONTENTS P age I. GENERAL DESCRIPTION OF EATON GROVE AND ITS SURROUNDINGS 1 A. Existing and Proposed Use 1 B. Need for Existing and Proposed Use 2 C. Existing Use of Surrounding Properties 2 D. Distances to Residential Structures 3 E. Maximum Number of Patrons 3 F. Number of Employees and Hours of Operation 4 G. Water Sources 4 H. Access Routes 4 I. Characteristics of Vehicular Traffic 4 J. Description of Sewage Facilities 5 K. Fire Protection Measures 5 L. Types and Number of Animals 5 M. Types of Waste, Stockpile, and Storage Areas 5 N. Storm Water Retention Facilities 5 O. Debris and Waste Removal 6 P. Landscaping and Erosion Control 6 Q. Reclamation Procedures 6 R. Time Required for Construction 6 II. SUPPORTING DOCUMENTS AND STATEMENTS 6 A. Proposal Consistency with the Weld County Comprehensive Plan 6 B. How the Proposal is Consistent with the Interest of the District 7 C. Efforts to Conserve Agriculturally Productive Land 7 D. Protection of Health, Safety and Welfare of the Neighborhood and the County 7 E. Uses to be Permitted and Their Compatability with Existing Surrounding Land Uses 8 F. Compatability with Future Development of Surrounding Areas 8 G. Compliance with Flood Plain, Geologic Hazard, and Airport Overlay 8 H. Water Supply 8 I. Property Deed 9 J. Noise Report 9 K. Soil Report 9 L. Certified List of Neighboring Property Owners 9 M. Mineral Ownership and Mineral Lease Status 9 III. APPENDIXES A. Vicinity Map and Plot Plan (Provided as a separate 2' x 3' drawing) B. Recorded Deed to Eaton Grove Property C. Letter from North Weld Water District D. Soil Survey E. Certified List of Neighboring Property Owners F. Certification of Mineral Lease Status 1. I. GENERAL DESCRIPTION OF EATON GROVE AND ITS SURROUNDINGS In August 1982 we (Barbara and Lee Maxwell) in con- junction with our daughter and son-in-law (Judy and Ken Olsen) began operation of Eaton Grove Landscape and Nursery. Greenhouses and other buildings have since been built on the property owned by the Maxwells. The existing and proposed operations of Eaton Grove, along with property descriptions, are delineated below. A. Existing and Proposed Use The primary operations of Eaton Grove include: (1) Greenhouse growing of bedding plants, Poinsettia's, Easter Lilies, other seasonal house plants, and many other perennial plants. The greenhouse and other cold frame units presently encompass 17,200 sq. ft. of inside growing area. (2) Nursery holding and growing of potted and ball- ed trees and shrubbery stock, during the grow- ing season, is placed in outside areas of the nursery. A large majority of our tree stock is received bare root in early spring and is sub- sequently potted by our staff. In addition there are several varieties of small evergreens that we receive already potted. Most tree and shrub stock to be carried over the winter are stored in potato or onion cellars rented from neighbors. (3) Complete landscaping services are provided by Eaton Grove. We do contract work providing consultation, design, and installation of all landscaping materials. (4) Through a garden center we sell bulk and packaged seeds, appropriate insecticides, pesticides, herb— icides, fertilizers, peat moss, bark, and other related gardening supplies and landscaping materials. Of the above four aspects of our operations the first two (greenhouse and nursery) are totally agricultural in the sense that we plant the seed, pot the bare root tree, and otherwise hold and grow the plant material. 2. The landscaping part of the business is, for the most part, conducted away from the premises, with the excep- tion, of the design and consulting services. Our garden center activities include the sale of the seed, insecti- cides, fertilizer, peat moss, bads, etc. Although a relatively small part (10-15% gross of our total opera- tions) these sales are essential to a business such as ours. We feel it is desirable as well as necessary to provide, in addition to our plant materials, the advice and support materials to properly prepare soils and maintain good plant growth. B. Need for Existing and Proposed Use The existing and proposed operations of Eaton Grove Landscape and Nursery provide the regions (Greeley, Eaton, Windsor, Ault, Pierce, and all surrounding areas) with quality plant materials and services which would otherwise be much more remotely available. Eaton Grove also provides gainful employment for four full time and ten part time persons. The nursery is owned and operated by the partnership of Lee and Barbara Maxwell and Ken and Judy Olsen. Eaton Grove is located centrally to the com- munities listed above on main (paved) roads and with suf- ficient acreage to accomodate a nursery and greenhouse- garden center operation. Our business has indeed functioned well and we believe we have shown a community need for Eaton Grove as evidenced by its success over the past three years. C. Existing Use of Surrounding Properties The surrounding properties, shown on the vicinity map SAppendix A) : 1(1) A farm owned by Anderson Inc., used in total for crops (corn, alfalfa, etc.) . This farm has on it a two—story house and a single—story labor house. These houses are located directly north and across road 74 from Eaton Grove Nursery. (2) A farm owned by Don G. Anderson, used in total for crops. This farm is located northeast of Eaton Grove across roads 74 and 31. ( 3) A farm owned by Clyde Sullivan, used in total for crops. This farm is located east of Eaton Grove across road 31. 3. (4) A rural tract of 2.5 acres owned by Lawrence Mounce, this tract contains a house, yard and is otherwise used to pasture horses. This tract is located directly south of Eaton Grove along road 31. (5) A 39 acre farm owned by Darrel Lockman, used for raising crops. This farm is located south of Eaton Grove. (6) A farm owned by Haythorn Farms, used in total for raising crops. This farm, including a house, is located west of Eaton Grove. (7) A 5 acre tract owned by Ronald Anderson. This tract contains a house and shed and is used for a residence, a pasture for calves, and an area where Mr. Anderson's silage trucks are parked. (8) A 6 acre tract owned by Lee Maxwell used for rais— ing crops and as pasture for cattle and a horse. D. Distance to Residential Structures As shown on the plot plan (Appendix A) submitted with this application, nearby residences include: ( each dis— tance measured from the Eaton Grove sales room) (1) A residence owned by Anderson Inc. approximately 1000 ft. northwest. (2) A residence owned by Ronald Anderson approximately 700 ft. northwest. (3) A residence owned by Lawrence Mounce approximately 200 ft. south. (4) A residence owned by Lee Maxwell approximately 200 ft. north. (5) A proposed residence owned by Lee Maxwell appnximately 200 ft. northwest. E. Maximum Number of Patrons During the bedding plant season (primarily May) we have had as many as 60 persons at the nursery at one time, and have counted as many as 25 cars in our parking lot. The bedding plant season is the maximum, however, we do have lesser peaks occur at the Halloween season (pumpkins) and 4. at Christmas time (trees and Poinsettias) . F. Number of Employees and Hours of Operation Eaton Grove presently has four full time employees and hires up to ten additional part time persons on a season— al basis. Our hours of business at the nursery are 8 a.m. to 6 p.m. Monday thru Saturday and 10 a.m. to 4 p.m. on Sunday. Because of alarm conditions, which occur especial- ly during freezing months, we have at least one person on call around the clock. G. Water Sources We use two primary sources of water: (1) Pumped water from a contributory ditch to the Mont- gomery drainage ditch to which we have a deeded interest as indicated in deed attached as Appendix B. This pumped water supplies almost all of the outside (external to the greenhouses) water to the nursery. (2) We are connected to the North Weld water mains (see attached letter, Appendix C) . This water supplies the water to the greenhouses. The water sources listed above are considered adequate for present and future needs. H. Access Routes With reference to the vicinity map and plot plan Appendix A; the customer access to Eaton Grove is directly east of the sales room coming off road 31. Adequate road space is provided for cars to move in and out of the nursery area. The exit provides a clear view of north-south traffic on road 31. Our nursery layout (see plot plan) provides ad- equate access and turn-around space for the occasional delivery trucks and semi-trailers. I. Characteristics of Vehicular Traffic During the year, on perhaps 20 occasions, we have semi— trailers make deliveries of such supplies as plant materials, peat moss, and soil. These represent the largest vehicles arriving at Eaton Grove. Other smaller trucks make daily stops at the nursery. Customer traffic consists of cars and pickups. 5. J. Description of Sewage Facilities We have installed a separate septic tank and leech-field for the nursery. This system was built during 1984 and was subsequently inspected and approved by the Weld County Health Department. The septic tank services a toilet and two sinks used by customers and nursery staff. No chemical disposal is made via this system. K. Fire Protection Measures In the sales room we have installed a smoke alarm which when sounding will activate an automatic telephone dial— ing device. This system will automatically dial a series of pre—programmed telephone numbers to warn of fire. In each of the greenhouses and 10 feet from the sales room there is a frost free hydrant providing a year round water source. The sales room, storage areas, and greenhouses are kept clean and highly flamable materials are not stored in them. L. Types and Number of Animals Although not an explicit part of the nursery we keep a number of animals on the 16 acre property. At the present we have one turkey, 4 goats, 4 peacocks, 5 ducks, 4 geese, 3 dogs, 1 cat, 1 horse, 13 holstein calves, and at times there are also a number of uncounted and sometimes un— solicitated animals, including rabbits, pheasants, owls, squirrels, and skunks. M. Types of Waste, Stockpile, and Storage Areas As part of our nursery operations we have an inside barn storage area for pots, flats, flat inserts, and some fertilizer. Materials such as wood shavings, potting soil, peat moss, tree bark, and stone are piled or stacked throughout the nursery confines. We have a machinery storage area located on a knoll approximately 800 feet southwest of the nursery sales room. We do not permanent— ly keep waste materials on the property. N. Storm Water Retention Facilities The property slopes to the Nest and all storm water flows into the Montgomery waste ditch shown on the vicinity map (Appendix A) . 6. O. Debris and Waste Removal We hire waste removal services performed on a weekly basis from the G & S Sanitation Services Inc., head- quartered in Fort Collins, Colorado. P. Landscaping and Erosion Control All of the area of the property on which the nursery is located has either been seeded to pasture or lawn grass, cultivated to grow corn or pumpkins, used as orchard, used for buildings, or used as graveled parking or roadway. Numerous trees are growing on the property and we even have a park. An extensive wind break containing over 500 trees have been planted on the northern parts of the property. Q. Reclamation Procedures We fully expect to be in business forever. In the ex- tremely unlikely case that we fail, the greenhouse struct- ures can be easily dismantled. The sales room could conve- niently be put to other uses. R. Time Required for Construction We have been in business since August 1982 with our first three greenhouse units and part of the sales room being constructed during the winter of 1982. We have since built two more greenhouse units, two cold frames, and extended our sales room. We are planning to construct two addition- al greenhouse units and two more cold frames during 1985-86. Over the next five years we look forward to constructing 2-3 additional greenhouses and a three bedroom residence for use by the greenhouse manager. The approval for issuing a building permit for such a residence is requested ias , part of this application. II. SUPPORTING DOCUMENTS AND STATEMENTS A. Proposal Consistency with the Weld County Comprehensive Our existing and proposed Eaton Grove Nursery, greenhouse, landscape, and garden center operation is composed main— ly of growing our own plant materials and then selling them. Since we are in an agriculhral region (zone) it 7. seems that we are consistent with the plan to conserve as much agricultural land as possible. Some 10-15% of our gross sales are concerned with associated materials such as garden dust, sprays, peat moss, and etc. It is this relatively small, yet essential, part of our opera— tion that, if done separately, would seem to violate the retention of agricultural lands. We submit, however, that the sales of these "imported" materials does not violate the comprehensive plan, since they are essential, as well as a minor part of a truly agricultural enterprise. B. How the Proposal is Consistent with the Interest of the District The arguments of the preceeding paragraph seem also appropriate for the consistency within the district. We are in an agriculturally zoned district and do not seem to be violating that spirit. C. Efforts to Conserve Agriculturally Productive Land Around 1968 the 80 acre Bill Groves farm (from which the name Eaton Grove was derived) was sold and subse- quently subdivided into five different parcels (see vicinity map of Appendix A) . Through the period 1968-72 the northeast part of the 80 acres, where the nursery is located, went from a agriculturally productive piece of land to one almost totally non-productive. One reason being that when the county widened and paved road 31 they destroyed the ditch in which water was transported to the property. Since purchasing this property in 1974 we have again put the land under irrigation by installing a 600 foot long 10" tile along with an extensive pumped water system. We have transformed an almost unproductive 16 acres to one where we raise and sell in excess of a half millon plants a year (at our present growing capacity) . It is our intention to make this land even more agricul- turally effective. D. Protection of Health, Safety, and Welfare of the Neigh- borhood and the County All handling of insecticides and herbicides on the nursery property is done by, or under direct supervision, of the nursery manager who is certified by the E.P.A. We have training sessions for our employees to further their knowledge of such materials so they are better able to provide advice to our customers in the proper use of 8. these materials. Whenever we must spray enclosed greenhouse areas we post signs advising against entry. Our spraying of enclosed areas is confined to times when customers are not expected to be at the nursery. Proper storage of relatively toxic chemical is provided via locked cabinets. We are keenly aware of potential hazards in regards to chemical handling and take every safety precaution. In no case are any of the chemicals to be disposed of on the property. Safety screens have been placed on all exhaust fans. In general we take all steps required to keep our nursery a clean and safe place to be. Our on-site landscape efforts, parking areas and general appearance are done for the purpose of our own well being as well as the well being of our neighbors. It is our estimation that we will be more successful if we continue to maintain our appearance. E. Uses to be Permitted and Their Compatability with Existing Surrounding Land Uses The surrounding properties (shown on the vicinity map Appendix A) and their uses are described in a preceding item, (I C.) . Because we are primarily an agricultural enterprise our operations are not inconsistent with those of our neighbors. The nature of our business re- quires a well kept and aesthetically pleasing environ- ment. We believe our operations and property on which they are conducted are an asset to our neighbors and our district. F. Compatability with Future Development of Surrounding Areas The future of our area seems to remain agricultural, con- sequently our operations will remain compatible with county master plans. G. Compliance with Flood Plain, Geologic Hazard and Airport Overlay Our nursery is located ; mile east of the Montgomery drainage ditch, and is 20-30 feet higher in elevation (see vicinity may Appendix A) , consequently, we believe the nursery not to be located in any flood plain. No geological hazard is believed to exist nor is any air- port in our vicinity. H. Water Supply An adequate water supply (described in item I G.) exists 9. for present as well as future operations of our nursery. A letter from the North 'field County Water District indicates that we are connected to their supply (Appendix C) . I. Property Deed A copy of the deed for the property belonging to Lee and Barbara Maxwell and on which the Eaton Grove Nursery is located is attached (Appendix B) . J. Noise Report Noise is not an apparent problem and a noise report con- cerning our operation has been waived by the Department of Planning Services. K. Soil Report A copy of the appropriate soil survey compiled by the United States Department of Agriculture is provided as Appendix D. Soil conditions appear to be satisfactory for the operations of a nursery. L. Certified List of Neighboring Property Owners The list of all property owners having property within 500 feet of the Eaton Grove Nursery property is provided as Appendix E. These names and associated data were gathered by Lee Maxwell from Weld County Assessors records on March 22, 1985. The certification letter that this list is accurate is contained as part of Appendix E. M. Mineral Ownership and Mineral Lease Status The property on which Eaton Grove Nursery is located is owned by Lee and Barbara Maxwell along with the minerals. No mineral leases are in force at this time. The certi- ficate form attesting to the status of mineral leases is attached as Appendix F. - ;,N t 3 J. O, 9� oO� Recorded at......1 .o'clock... M., Vie-iv�Elv 1)( N 899 Reception No 14 )1^0°3' c 0-2) tfCQ, --- ------yYgY -�ountyr_Colo�l� _ EXCHANGE WARRANTY RECORDERS STAMP ii '1'HIS 'DEE D, Made this 21st day of March 19 80 ,between LEE M. MAXWELL and BARBARA L. MAXWELL, li as joint tenants , Rt. 2 , Box 42, I .. of the Town of Eaton County of Weld and State of II Colorado, of the first part, and LEE M. MAXWELL and BARBARA L. !i MAXWELL, as joint tenants , Rt. 2 , Box 42, i of the Town of Eaton County of Weld and State of Colorado, of the second part: j; WITNESSETEI, that the said part l eSof the first part, for and in consideration of the sum of !' other good and valuable consideration and $10.00 DOLLARS, i to the said part 1 es of the first part in hand paid by the said parties of the second part, the receipt whereof is ' hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part,their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to wit; ll Part of the Northeast Quarter (NEa) of Section Four (4) , Township Six (6) North, Range Sixty-six (66) West of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Beginnin9•at the Northeast corner of said Section 4 and considering the Nort'n' line of said HE4 of Section 4 as bearing North 90°00'00" West, with all other bearings contained herein relative thereto; I Thence North 90°00'00" West, 520.50 feet; Thence South 00°00'00" West, 405. 54 feet; Thence North 90°00'00" West, 577.20 feet; Thence South 00°00'00" West, 277.90 feet (278.45' meas. ) ; Thence South 90°00'00" East, 229.65 feet; Thence South 00°00'00" West, 333.99 feet (33.73' meas. ) ; Thence South 90 00'00" East, 594.23 feet (594.11 feet recorded) ; Thence North 03°51 ' 52" West, 334.75 feet; Thence South 90°00'00" East, 342.50 feet to a point on the East line of the NEa of said Section 4; Thence North 03°51 '52" West, along said East line 685.00 feet to the Northeast corner of said Section 4, said point being the Point of Beginning. Said described parcel of land contains 16.681 acres, more or less, including 1 .036 acres, more or less, reserved for road right-of-way purposes ; together with an undivided seven thirty-second ( 7/32) interest in all water for the irrigation thereof derived from the Montgomery Seepage and Drainage Ditch, with all its connecting ditches and tile drains, and all water collected and to be collected thereby, title to which was quieted in William A. Groves by Decree entered May 11 , 1926, in Case of Jacob Eisenbach, Conrad Hoff and Peter Lauridsen v. William A. Groves, Case No. 6642 in the . District Court of Weld County, Colorado; and together with 7/32 1c, interest in irrigation pump and motor and pipelines; • �� Lz' z) 1+321.039 899 a "a L TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part j es of the first part, for them sel yes, thei rheirs, executors, and administrators, do covenant, grant, bargain and agree to i and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, d,ri as offu good,power uae, plerfect, authority lute and indefeasible estate of inheritance in law, in fee simple, and haVe good to grant,bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, subject to any and all easements and rights of way of whatever character of record or now existing on said premises be that for ditches, canals , pipelines , reservoirs , railroads , roads, telephone lines , utilities, power lines or any other • purpose; subject to 1980 taxes payable in 1981 and subsequent years thereafter; and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part le of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part 1 es of the first part have hereunto set their hand S and seal s the day and year first above written. /i (( it- ,e �� . �.�t [SEAL] Signed, Sealed and Delivered in the Presence of Lee M. Maxwel Joint Ten nt -, -P�2e.,/.G-e.r_c=l C--[SEAL] Barbara L. Maxwell , Joint Tenant [SEAL] STATE OF COLORADO, 1 ss. County of Weld 'The-forigoing instrument was acknowledged before me this 21st day of March ` nants. ,g[1 b�f��{Le ht._ Maxwell and Barbara L. Maxwell , as joint Witness my hand and official seal. 19 Ka My Comm salon expires 11rce U^- 7... �� TS/ B' t C r TO ,,n 7J �n Notary Public. as attorney-in-fact. •11 by natural person or persons here insert name or names:if by persons acting in representative or official capacity ore insert came of such then insert name of the president ide executor. or r.other rofficers t- t f t or other apacacity'naming or i description: if by officer of corporation,chofficer or officers, as BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT ERNEST TIGIGGES ALEX HEIDENREICH ROBERTALKIRE oPP girt y, HIGHWAY 85 LUCERNE,COLORADO 80646 GARY SIMPSON alI ! _ W.M.MCKAY 'V��'I{y1 :.. LYLE NELSON, MGR. P.O. BOX 56 - PHONE 3563020 March 22 , 1985 RE : Water Service , Lee Maxwell Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property : NE 1/4 Sec . 4-6-66 Meter # 810 1 . _ X Water service is presently being provided to the above described property. 2 . Water service can be made available to the above described property provided all requirements of the District are satisfied . If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void . Additional comments : Sincerely , NORTH WELD COU TY WATER DISTRICT le D. Nelson , Manager LDN/wb 6f >mpii D Soil survey of Weld County, Colorado Southern Port United States Department of Agriculture Soil Conservation Service in cooperation with Colorado Agricultural Experiment Station 4PfemDhC ( z`q) In irrigated areas this soil is suited to all crops com- a 19—Colombo well dr road loam, 0 floodto 1 percent n er.terraces Te is grown in the area, including corn, sugar beets, e deep, well 4,600 tod soil 0 fr and tatiat mealy elevations of 4,600 4,780 feet. It formed in stratified beans (fig. 5), alfalfa, small grain, potatoes, and onions. An calcareous example of a suitable cropping system is 3 to 4 years of alluvium. Included in mapping are small areas of soils that have a loam surface layer and some small alfalfa followed by corn, corn for silage, sugar beets, small rain, or beans. Land leveling, ditch lining, and installing leveled areas. Typically the surface layer of this Colombo soil is dark pipelines may be needed for proper water applications. grayish brown clay loam about 14 inches thick. The upper All methods of irrigation are suitable, but furrow ir- 7 inches of the underlying material is pale brown ligation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. stratified clay loam and loam. The lower part to a depth of 60 inches is very pale brown loam stratified with thin In nonirrigated areas this soil is suited to winter wheat, lenses of fine sand, medium sand, and clay loam. barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 28 bushels Permeability is moderate. Available water capacity is high. The effective rooting depth is 60 inches or more. per acre. The soil is summer followed in alternate years Surface runoff is slow, and the erosion hazard is low. to allow moisture accumulation. Generally precipitation is In irrigated areas this soil is suited to crops commonly too low for beneficial use of fertilizer. Stubble mulch fanning, striperopping, and minimum til- lage in the area, such as corn, sugar beets, beans, alfal- are needed to control soil blowing and water erosion. fa, onions, and potatoes. All methods of irrigation that are common to the area The potential native vegetation is dominated by blue are used. Borders are suitable for small grain, alfalfa, and grama. Several mid grasses, such as western wheatgrass pasture. Furrow irrigation is used for row crops. Crops and needleandthread, are also present. Potential produc- respond to application of nitrogen and phosphorus. Lion ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well deteriorates, the mid grasses decrease; blue grama, buf- suited to this soil. Cultivation to control competing falograss, snakeweed, yucca, and fringed sage increase; vegetation should be continued for as many years as and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern Management of vegetation on this soil should be based redeedar, ponderosa pine, Siberian elm, Russian-olive, and on taking half and leaving half of the total annual produc- hackberry. The shrubs best suited are skunkbush sumac, tion. Seeding is desirable if the range is in poor condition. lilac, Siberian peashrub, and American plum. Sideoats grarna, little bluestem, western wheatgrass, blue Wildlife is an important secondary use of this soil. grama, pubescent wheatgrass, and crested wheatgrass are Ring-necked pheasant, mourning dove, and many non- suitable for seeding. The grass selected should meet the game species can be attracted by establishing areas for seasonal requirements of livestock. It can be seeded into nesting and escape cover. For pheasants, undisturbed - a clean, firm sorghum stubble, or it can be drilled into a nesting cover is essential and should be included in plans fine prepared seedbed. Seeding early in spring has for habitat development, especially in areas of intensive proven most successful. agriculture. Windbreaks and environmental plantings of trees and Where this soil is on flood plains and is susceptible to shrubs commonly grown in the area are generally well flooding it has poor potential for urban and recreational suited to this soil. Cultivation to control competing development. On the higher terraces the potential is fair. vegetation should be continued for as many years as Dwelling and road designs need to be modified to in- possible following planting. Trees that are best suited and crease the capacity of the soil to support a load and to have good survival are Rocky Mountain juniper, eastern protect it against frost action. Capability subclass 1Iw ir- redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackherry. The shrubs best suited are skunkbush sumac, rigated. lilac, Siberian peashrub, and American plum. / 2.1—Fort Collins loam, 1 to 3 percent slopes. This is a Wildlife is an important secondary use of this soil. The deep, well drained soil on terraces and plains at elevations cropland areas provide favorable habitat for ring-necked of 4,500 to 5,050 feet. It formed in alluvium modified by pheasant and mourning dove. Many nongame species can • thin eolian deposits. Included in mapping are some leveled be attracted by establishing areas for nesting and escape areas and few small areas of a soil that is calcareous at cover. For pheasants, undisturbed nesting cover is essen- the surface. tial and should be included in plans for habitat develop- Typically the surface layer of this Fort Collins soil is , ment, especially in areas of intensive agriculture. Range- grayish brown loam about 7 inches thick. The subsoil is land wildlife, for example, the pronghorn antelope, can be brown and very pale brown clay loam and loam about 17 attracted by developing livestock watering facilities, inches thick. The substratum to a depth of 60 inches is • managing livestock grazing, and reseeding where needed. fine sandy loam. This soil has good potential for urban and recreational Permeability is moderate. Available water capacity is development. Road design can be modified to compensate high. The effective rooting depth is 60 inches or more. for the limited capacity of this soil to support a load. Surface runoff is medium, and the erosion hazard is low. Capability subclass Ile irrigated, Iye nonirrigated; Loamy Plains range site. CT a f e-n .1)1X I� ( - L!) yr 32----Kim loam, 1 to 3 percent slopes. This is a deep, Wildlife is an important secondary use of this soil. The well drained soil on smooth plains and alluvial fans at cropland areas provide favorable habitat for ring-necked elevations of 4,900 to 5,250 feet. It formed in mixed eolian pheasant and mourning dove. Many nongame species can deposit and parent sediment from a wide variety of be attracted by establishing areas for nesting and escape bedrock. Included in mapping are small areas of soils that 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, especially in areas of intensive agriculture. Range- loam about 12 inches thick. The upper 28 inches of the un- land wildlife, for example, the pronghorn antelope, can be derlying material is pale brown loam. The lower part to a attracted by developing livestock watering facilities, depth of 60 inches is pale brown fine sandy loam. managing livestock grazing, and reseeding where needed. Permeability is moderate. Available water capacity is This soil has good potential for urban and recreational high. The effective rooting depth is 60 inches or more. development. Increased population growth in the survey Surface runoff is medium, and the erosion hazard is low. area has resulted in increased homesite construction. The In irrigated areas this soil is suited to all crops corn- chief limiting soil feature for urban development and road nionly grown in the area, including corn, sugar beets, construction is the limited capacity of this soil to support beans, alfalfa, small grain, potatoes, and onions. An exam- a load. Septic tank absorption fields function properly, but ple of a suitable cropping system is 3 to 4 years of alfalfa community sewage systems should be provided if the followed by corn, corn for silage, sugar beets, small grain, population density increases. Because of the permeability or beans. Land leveling, ditch lining (fig. 6), and installing of the substratum, sewage lagoons must be sealed. pipelines may be needed for proper water applications. Lawns, shrubs, and trees grow well. Capability subclass All methods of irrigation are suitable, but furrow ir- Ile irrigated, IVe nonirrigated; Loamy Plains range site. rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. • In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat and is summer fallowed in alternate years to allow moisture accumulation. Generally precipitation is too low for beneficial use of fertilizer. ti 65--Thedalund loam, 3 to 9 percent slopes. This is a-- Stubble mulch farming, striperopping, and minimum til- moderately deep, well drained soil on plains at elevations gage are needed to control soil blowing and water erosion. of 4,900 to 5,250 feet. It formed in residuum from shale. Terracing also may be needed to control water erosion. Included in mapping are small areas of soils that have shale and sandstone deeper than 40 inches. Some small The potential native vegetation is dominated by blue outcrops of shale and sandstone are also included. grams. Several mid grasses, such as western wheatgrass Typically the surface layer of this Thedalund soil is and needleandthread, are also present. Potential produc- brown loam about 8 inches thick. The underlying material tion ranges from 1,6011 pounds per acre in favorable years is pale brown and very pale brown loam. Shale is at a to 1,000 pounds in unfavorable years. As range condition depth of about 25 inches. deteriorates, the mid grasses decrease; blue grama, buf- Permeability and available water capacity are falograss, snakeweed, yucca, and fringed sage increase; moderate. The effective rooting depth is 20 to 40 inches. and forage production drops. Undesirable weeds and an- Surface runoff is medium to rapid, and the erosion hazard nuals invade the site as range condition becomes poorer. is moderate. Management of vegetation on this soil should be based This soil is suited to limited cropping. Intensive on taking half and leaving half of the total annual produc- cropping is hazardous because of erosion. The cropping thin. Seeding is desirable if the range is in poor condition. system should be limited to such close grown crops as al- Sideoats grama, little bluestem, western wheatgrass, blue falfa, wheat, and barley. The soil is also suited to ir- grarna, pubescent wheatgrass, and crested wheatgrass are rigated pasture. A suitable cropping system is 3 to 4 suitable for seeding. The grass selected should meet the years of alfalfa followed 2 years of corn is small seasonal requirements of livestock. It can be seeded into grain and a seeded with a nurse crop. a clean, firm sorghum stubble, or it can be drilled into a Closely spaced contour ditches or sprinklers can be firm prepared seedbed. Seeding early in spring has used in irrigating close grown crops. Contour furrows or proven most successful. Windbreaks and environmental plantings of trees and sprinklers should be used for new crops. Application of shrubs commonly grown in the area are generally well commercial fertilizer helps in maintaining good produc- suited to this soil. Cultivation to control competing tion. vegetation should be continued for as many years as I The potential native vegetation is dominated by blue possible following planting. Trees that are best suited and grama. Several mid grasses, such as western wheatgrass have good survival are Rocky Mountain juniper, eastern i and needleandthread, are also present. Potential produc- redcedar, ponderosa pine, Siberian elm, Russian-olive, and tion ranges from 1,600 pounds per acre in favorable years hackberry. The shrubs best suited are skunkhush sumac, I to 1,000 pounds in unfavorable years. As range condition lilac, Siberian peashrub, and American plum. 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. g r TP41!J 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 are generally not suited to this soil. Onsite investigation is needed to determine if plantings are feasible. Rangeland wildlife, such as antelope, cottontail, and coyote, are best suited to this soil. Because forage produc- tion is typically low, grazing management is needed if livestock and •wildlife share the range. Livestock watering facilities also are utilized by various wildlife species. The cropland areas provide favorable habitat for pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. The underlying shale is the most limiting feature of this soil_ Neither septic tank absorption fields nor sewage lagoons function properly. In places the underlying shale has high sloink-sweli potential. Environmental and beau- tification plantings of trees and shrubs can be difficult to establish. Capability subclass IVe in•igated, VIe nonir- rigated; Loamy Plains range site. AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property NEl;, Section 4 TEN RESEW Recorded Book 899 Reception 41821039 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 live 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. —'' I/f The foregoing instrument was subscribed and sworn to before me this �\ day of cc:_ ti.`\ -._ 19 z.� WITNESS my hand and official seal. My Commission expires: Notary Public /I-leeni o/x (2 -2 ) NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PAPER, STATF AND ZIP CODE LDENTIFICATION # bona 14-nde/eso'v Soc. /S6frl GJe/C7X tiltV ' 6zo7a733000po9 Crr ", Co. cOgo 000028 o b -r C). 14McIeAo'ti tet 2 COX 36 gn �� 620 `/ al Tom /0d ZO $oSo ct000a2Z r G/^ui(er74— n7 Yt 47teLD ttetciettSem /1irg li1e,�7Y E 6 � 6zogosoc{oo0030 E AR/SARA &vitrd44 ca 000a 3! Lee �,fXuett ef Z gox_yz qo (r Zo g aso 6 `F_ fT/ bItif 73't' 6 2-<-5 �oso�� ooao z$aa DWec 4 CC K40241 3ss We23!8 / rat1s belaeaeneeF.�MOthifce et z ,Cax tt3 E o6�sca-. 6z g-0co>ooao !9 C/�de SJLLt ✓ignl 3q90lire,t3s gra isco 6zo BDSSo3 000025 • /1P1'944 F AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. ._,. Subject Property NEq Section 4 T6N R66W Recorded Book 899 Reception #1821039 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 losses 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. ar The minerals are owned in total by Lee M. and Barbara L. Maxwell and are not now under lease. kV . / I + 1 , f� The foregoing instrument was subscribed and sworn to before me this day of Cc; v S , 1965. WITNESS my hand and official seal. My Commission expires: Notary Public Hello