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Home My WebLink About880689.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (LAWN SERVICE) IN THE A (AGRICULTURAL) ZONE DISTRICT - DAVID AND DONNA REED 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 20th day of July, 1988 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of David and Donna Reed, 822 East 16th Street, Greeley, Colorado 80631 , for a Site Specific Development Plan and Special Review Permit for a home business (lawn service) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SE* , Section 9 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, Donna Reed, one of said applicants, was present, 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 City of Greeley and is consistent with the Weld County Comprehensive Plan ' s Urban Growth Boundary Area Goals and Policies . The City of Greeley Planning Commission pi,04v(-2 4 c� f f Etf f 880689 Page 2 RE: USR - REED reviewed this proposal on June 14 , 1988 , and recommended approval. b. The use of the property is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. c. The use of the property is compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the A (Agricultural) Zone District. The surrounding area is residential in character. No objections have been submitted by surrounding property owners . d. No overlay districts affect the site. e. Special Review Development Standards and Conditions of Approval will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a home business (lawn service) 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 Special Review Permit be adopted and placed on the Special Review plat prior to recording the plat. 2 . Prior to recording, the Special Review plat shall be amended to show all existing structures which are used in the proposed operation. 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 Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 880689 Page 3 RE: USR - REED The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of July, A.D. , 1988 . p�eP (ii) BOARD OF COUNTY COMMISSIONERS ATTEST: WEL UNTY, COLORADO Weld County lerk and Recorder -6N, and Clerk to the Board Gene R. Brantne , hairman ✓ BY: i r- ,... �� ?t ll C.W. irby, Pro Tem Deputy County Clerk APPROVED AS TO FORM: , Jai quel n,: _ : so., County Attorney Frank amaguchi 880689 DEVELOPMENT STANDARDS David and Donna Reed USR-834 1 . The Special Review Permit is for a home business (lawn service) located in the A (Agricultural) Zone District 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 . No vehicle shall be parked along the shoulder of East 16th Street for longer than 72 hours . 4 . Waste oil, pesticides, herbicides, anti-freeze, 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. 5 . No permanent disposal of wastes shall be permitted at this site. 6 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 7. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 8 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 9 . 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 of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services . 880689 Page 2 DEVELOPMENT STANDARDS - REED 10. 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 . 880689 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on July 20, 1988, 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: _David and Donna Reed 822 East 16th Street Greeley, Colorado 80631 _LEGAL DESCRIPTION: Part of the SE} of Section 9, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado _TYPE AND INTENSITY OF APPROVED USE: Home business (lawn service) in the A (Agricultural) Zone District SIZE OF PARCEL: 0.5 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 FY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: July 27, 1988, in the Platteville Herald 280689 Affidavit of Publication STAT-£ OF COLORADO) County of N'cldl ss. A. Winkler Riesel said fuunit of Lk, Id bring iIi.h sworn sic that I am publisher tic -PlatievillPI Herald that.the vmc is a wee kit new spaper ui general circulation was punted and published in the loan of Platteville in said count% and state mat the notice at adver- tisement.of which the a::rimed is a true copy has -been published Owe said weeklt newspaper for One consecutive weeks. that the notice was published in the regular and entire issue of even' number of said newspaper during the penod and tune of publica- PUBLIC NOTICE lion of said notice and in the newspaper proper and not in a supplement thereof: that the first The-Board of County Commis- sioners of said notice was contained in the eioners of Weld County, Col- publication orado, on July 20, 1998, condi- issue of said newspaper bearing the date, the tionally approved a Site-Specific 27 July Development Plan and a Special male of A.D.. 191 V Review Permit for the property . and purpose described below. ConditIonel approval of this plan and the last publication thereof, in the issue of creates a a vested property right said newspaper.beanne date the 77 dal. of pursuant to Article 68 of Title 24, QQ CA-S., as emended, for a period ,July Io 8ST71]i the said of three years. -APPLICANT: David and Donna - Reed, 822 East 18th Street, - Platteville Herald Greeley, Colorado 80631 _LEGAL DESCRIPTION: Part of has been publis;icu conttnousl'. and unmler- the SE 1/4 of Section 9, Township mptedl} during the period of at least hftv•tw-o 5 North, Range 65 West of the 6th P Weld consecutive weeks ❑em prior to the first issue TV E AND oINTENSITYColorado OF AP • - thereof conta:nine said notice or advertisement PROVED USE: Home business above referred to: and that said newspaper was (lawn' service) In the A at the time of each of the publications of said (Agricultural) Zone District notice dulyqualified for that purpose within the more E OF PARCEL: 0.5 acres, P W or less OF meaning of an act entitled. "An Act Concerning failure to abide by the terms Legal Notices. Advertisements and Publications and conditions of approval will result Ina forfeiture of the vested and the Fees of Pt-Inters and Publishers thereof. property right. and to Repeal all Acts andT'arts of Acts in-on- flirt with the-Provisions of this Act" approved BOARD OF April 7. 1921. .nd all amendments t ' -cal. and COUNTY COMMISSIONERS WELD COUNTY, COLORADO particutarily as amends-n by-Jan - it -pp, fled. Ma• h 30. 4. rid an at !a .nc t'd Ma I-. BY: MARY ANN FEUERSTEIN 1-9 J y ,' COUNTY CLERK .-AND RECORDER ' .y/� � - � // / AND CLERK TO THE BOARD - - • 'uhi:sher BY: Mary Reiff, Deputy Subst'ribt'd and Sworn to bt-lore me this_, Published In hePI•ipvitte Her- !� (� rr • Jtrd -day td V\alt a xwa A D DS - // —/y— Nile/Public F RT LUPTON PRESS 415 Diver Ave, •- - . Fort Lupton,CO 80621 l � � Sly rOmnt., .n,n e.ptrl.. �� _ 880689 HEARING CERTIFICATION DOCKET NO. 88-37 RE: SITE -SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (LAWN SERVICE) IN THE A (AGRICULTURAL) ZONE DISTRICT - DAVID AND DONNA REED A public hearing was conducted on July 20, 1988, at 2:00 P.M. , with the following Present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy C-ommissioner 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 June 29, 1988, and duly published July 6, 1988, in the Platteville Herald, a public hearing was conducted to consider the request of David and Donna Reed for a Site Specific Development Plan and Special Review Permit for a home business (lawn service) 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 of this hearing. Donna Reed, one of the applicants, came forward to answer -questions of the Board. She stated they have been in operation for seven years, not realizing that they needed a Permit. She said they have no problems with the four Conditions and ten Development Standards proposed by the Planning Commission. No public testimony was offered concerning the request. Commissioner Kirby moved to approve the request of David and Donna Reed for a Site Specific Development Plan and Special Review Permit, subject to the Conditions and Development Standards contained in the recommendation from the Planning Commission. The motion was seconded by Commissioner Lacy and carried unanimously. This Certification was approved on the 25th day of July, 1988. APPROVED: rJ BOARD OF COUNTY COMMISSIONERS ATTEST:i -0,14.,1I&u WELD UNTY, COLORADO -Weld County Jerk and Recorder and Clerk to the Board Gene R. Brantner, Chairman $Y / 'Jo l '' I %/ '%//. G /yam/` ' Deputy County Cle k C.W. �by, ro-T Ja• quel) a Jo ,s ,n i dY ' . acy ,,1 1 . Fran lY aguchi TAPE #88-34 DOCKET #88-37 PL0440 / ' 880689 ATTENDANCE RECORD PLEASE write or print legibly your -name , address and the -name of the applicant or _Docket 4 for the hearing you are attending. TODAY'S HEARINGS KRE AS FOLLOWS: JULY 20, 1988 DOCKET if 88-36 USR-CHILDREN'S SHERLTER HOME 1N AGRICULTURAL ZONE DISTRICT-McMYNN & LAAGE DOCKET 4 B8-37 USR-HOME BUSINESS (LAWN SERVICE) IN AGRICULTURAL _ZONE DISTRICT-REED DOCKET # 88-38 USR-HOME BUSINES (SATELLITE DISH & LEATHER GOODS -RETAIL STORE) IN -AGRICULTURAL ZONE DISTRICT-NOWICKI DOCKET # 88-40 JJSR-EXPASNION OF DAIRY OPERATION (900 HEAD)-CHURCH OF JESUS CHRIST OF L.D.S. NAME ADDRESS HEARING ATTENDING ri ---170n...k e-cii-rPir .- S93 gio Ret • a' y — 3P- 4<- cry CAec }e*' .',4'JJ vur k' 3/ F }.L'Api ( ,k, -k r'2 A C) RoswellChede.-4-s -3-Li a_\ wc.R31 EL LA pIoil eF _ -2/O OlA,F_ut,,.A. (A_a ey 3e/c1 I J "t s,.), L e it ('6 -# ,F n l„ Th „LacA In C iiiknisv 7N1u 371/1 Si . ZF dei- (°i, - 3O ./� � JJ ')A �� j o fr%i��,, /�./c"i- J� / ,07 f �,-/T 1C2AG-o # 0 a 3 A G'poS 11 yl,(ruz-,.Q 3806S9 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 Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record -which will be kept during the hearing, the _Clerk to the Joard's Office ran 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 in -writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne 'by the requesting party. BE IT ALSO KNOWN that the text and maps so certified ±y the Weld County Planning -Commission may be examined 3n 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. 88-37 David and Donna Reed 822 East 16th Street Greeley, Colorado 80631 DATE: July 20, 11988 TIME: 2:00 P.M. REQUEST; _Site Specific Development Plan and Special Review Permit — Home business (lawn service) in the A (Agricultural) _Zone District LEGAL DESC-RIPTION: Part of the SEi of Section 9, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1,570 feet east of Greeley City limits; south of East 16th Street BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN PEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, "Deputy DATED: June 29, 1988 PUBLISHED: July 6, 1988, in the Platteville Herald 880689 pp �C' �^X/f,R,7 r ,AJrdarit of Publication STATE OF CO1_1)F.ADO) Counis' of Wt id, by. `tIJ fella tits or s earl the Weld Coolly ub- i A. Winkle Jtie-set NihMO* 5-a` iwl° I" the f of Dainty Cemtiticeie Sid Cent!. %. ! (bunt: r tt: Li L. .:�!f c.l ; !!:di I eel.-Cenyr, {M BAW,411et in p hlishcr t Platteville Herald Hoer, Colorado,nt the Ws- Persons In any that flit tin:, Is a NA,,t:l, nc v.spal. r ui pi floral matter: fit tba Site ,Plan end c n ion sta. r to d and pub:.shed in the swopepeeist ,-;ermll w ri- te..° of Platteville quieted and may a Jtert in ti :.I a: .hr nr U..111%12' - u ofa _f�• .:• n serf rho,. has SNOW OfanyIn- t Wrested Sine the Pree- tx-rn p•„t_.r-crd c. s.,.rl tilt n'. nr v.spcprr I-- - ones ala twiner to make• One record of tt•pocndllla, In ad- didan tells teed record will be nonsxrut:t'c ur.-Is- !hat the nerd c ...as hi:shed in the to dottrel M Iwo be sent r to fed tBoattRs-Office can dsore- _ retus and entire is, o: ever: nor-bar of s::d tooted for aJN of certified court orwspav r Calm :he po:JO".a red t,n•c of patsy,a. reporters N1fte area.If•court re- or inn a s notice area in ,he newsy p pro;^r .porter I. elNWsd, to Clerk to and no so men : there vial fn w of such M. ad- shall of. that the firste action-at p bti a o: sad totter was con ained in the least five - -prior to the Mar- issue of snd newspaper be arm; the date. the Ina.-Kw enfiadmt •court reporter borne bythe re- . questing date of Jul* -R.c . i° R -- BE IT-ALSO-KNOWN that_the and the last pub. a for hello!, in [k:c issue o,, text and uemaw so certified by-the L: Weld Co Alarming -Commis- sa c nt wspape bta c. the dal of *Ion may ato-lb moar of- fice of tC to-the Board of J111v Ici 8athJt the s:id In the Ce sebMe, located In the Weld County tentenniel Center, e 10th Street, Third Platteville Herald Floor, a-Colorado. DgctaETN0. u-37 rah, - at It I'1%' ace . :'zr t r st is(u-' APPLICANT co c Sr c r c David &Donna Reed 022 Beet ter Street c t `..i.r. r --„apt--- v as Greeey,,,holoede nee1 ar thrtrn., cr c c.' tr i in. 0 c C d, ... c ,L G; • ; -T. - L.-• L''r i :Date:-July. ANM n' n n.; - r I TINE: flans. m. r t : NEOUEST Swift 'Union- . mint PJ &led-Spatial Review Permit -*Me business (lawn aervicej A. IAdNWIturE0 i ?asst Dl i mr " LEGAL DE} OONt in of tie / 35 im al. mi..Ullmann rfE -\, I '.North, Wet et-the ens l /7 � VAt AGld Colorado. �. LOCATIbIl PaetlmCity teen i' y.. : Wet ant id': ey City Omits; y south of fi f6tltilirnt Jt r.:, J a -- a -: :.:: ' ,.;.' BOAIGEOP-COUNTY i COI SISMIONEAS t WELD, COLORADO AREIRMIDMDIR I BetlM7 �d '..�.� 1'' DRUM it il:r ,`iSCSF'IIiIMIM t -Published In the Platteville Her- F.7:11:LUPTON PRESS , -aid on July.L ten. d l5 n.lrijej Ava Fort Lupton,CO 80621 1, -- i i I. 880683 Affidavit of Publication STATE OF COLORADO ss. County of Weld, Lorita Seidler of said County of Weld, being duly sworn, say that I am an advertising derk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the -notice or advertisement, of which the annexed isa true copy, has been published in said daily-newspaper for consecutive wean (days) (v Xdd4r); that the notice was published in the Ppr,* x„ i ..a�N 1,gy�,n»9•te oN87pt 1 'weld regular and entire issue of every number of said Cha .. .,. . .. senn 44 t fount'', newspaper�uring the-period and time of-publication of Color q al Center, 915Fir st Street, First Floor, .y, olorado,atthe time speeified.All persons in any said notice, and in the newspaper_proper and-not in a manner interested in the Site specific Development Plan and Special Review Permit are requested to attend and may be heard. supplement thereof; that the first publication of said Should the applicant or any Interested party dellre pie presence of a court reporter to make a record of the proceedings,in addition to notice was contained in the issue of -said-newspaper the taped record which will be keptduring the hearing,the-Clerk to the$oard'sVilice can be contacted for.a list of certified court: bearing date reporters in the area.If a court reporter Is obtained,the-Clerk to the Seventh Board's Office shall be advised in writing of such action at bast five days prbr 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 beexamined In the office of day of July A.D. 19 88 the Clerk to the Board of County Commissioners,located in the Weld County Centennial Center, 915 10th street, Third Floor, Greeley, and the last publication thereof; in the issue of said Colorado. DOCKET NO.88.37 APPLICANT newspaper bearing date the David and Donna Reed Seventh 822 East 16th Street Greeley,Colorado 80631 DATE:!lily 20.1988 1'' TIME:2 T:flM.• - day of llul REQUEST: Site Specific Development Plan and Special Review y A.D. 19 88 • Permit.Home business(lawn service)in the A(Agricultural)Zone Permrt that said The Greeley Daily-Tribune and'The Greeley LEGAL DESCRIPTION:Part of the SE 1/4 of Section 9,Township 5 North,Range 65 West of the 6th P.M.,Weld County,Colorado Republican, has been published continuously and LOCATION:Approximately 1570 feet east of Greeley City limits; south of East 16th Street uninterruptedly during the _period of at least -six BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO months next prior to the first issue thereof contained BY:MARYANN FEUERSTEIN COUNTY CLERK-AND RECORDER said notice_or advertisement above referred to; that said AND CLE RK TO THE BOARD Carat AM».18r 8"00.41,11"oeg„Jy newspaper has been admitted to the _United States n� rrs+wTn►an. mails as second-class matter under the provisions of the y t Act of March 3, 1879, or any amendments thereof; and that said newspaper is-a-daily newspaper duly_qualified for publishing legal notices and advertisements within the-meaning of the laws of the State of Colorado. July 7. 1988 Total Charge: $27.-52 Advertising Clerk Subscribed and sworn to before me this 7th day_of July A.D. 19 88 My CiantdS2iLAi E:'tcai"6 Jcdvl7, I Nab ommission expires Mad Notary Public 880689 DATE: June 29, 1988 TO: The Board -of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, sae have tentatively set the fallowing hearings for the 20th day of July, 1988 , at 2 :00 T.M. Docket No. 88-3-6 - Special Review Permit for a children' s shelter home in the A (Agricultural) Zone District - Barbara McMynn and Michael Laage Docket No. 88--37 - Special Review Permit for a home business (lawn service) in the A (Agricultural) Zone District - David and Donna -Reed Docket No. 398-3B - Special Review Permit for a home -busin-ess (satellite dish and leather goods retail store) in the A (Agricultural) Zone District - Terry Nowicki OF₹'ICE OF THETHE CL-F TO THE BOARD BY: ji'/Q/1� 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 7-�i x, ,O; 880689 Summary of the Weld County Planning Commission June 21, 1988 Page 6 The Chairman asked Rod Allison to read the recommendation, conditions, and Development Standards, as outlined by the Department of Planning Services' staff and amended by the Planning Commission, into the record. MOTION: Ann Garrison moved Case Number USR$35 for Terry Nowicki for a Site Specific Development Plan and a Special Review permit for -a home business (satellite dish and leather sales) 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, set forth by the staff, and Development -Standards as presented by the Department of Planning Services' staff and amended by the Planning Commission, and the testimony heard by the Planning Commission. Motion -seconded by LeAnn -Reid. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to Toll the members of the Planning Commission for their decision. LeAnn Reid - yes; Louis Rademacher - yes; Paul-etts Weaver - yes; Ann Garrison - yes; Lynn Brown — yes; Motion carried unanimously. CASE NUMBER: USR-234 APPLICANT: Donna and David -Reed REQUEST: A Site Specific Development Plan and a Special Review permit for a home business (lawn service) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE} of Section 9, T5N, -R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1,570 feet east oT the City of Greeley and south of 16th Street. Jeff Bedingfield, Attorney, represented the applicants. This request is for a home business for a lawn service in the Agricultural zone district. This business has been in existence at this location since 1981. The applicants were not aware they were in violation of the Weld County Zoning Ordinance. The applicant has reviewed the recommendation, conditions, and Development Standards outlined by the Department of Planning Services' staff and has no objections to them. Tape 323 - Side 2 The Chairman called for -discussion from the members of the audience. Beth Barkell, surrounding property owner, spoke in support of this request. 880 68 /1lei 7 e r• Summary of the Weld County Planning Commission June 21, 1988 Page 7 ?Rich Eisenbarth, surrounding property owner, stated he has no problems with this request. John Pfleiderer, surrounding property owner, is in favor of this request being granted. AMENDMENT: Paulette Weaver moved Development Standard #3 be amended to read as follows: No vehicle shall be parked along the shoulder of East 16th Street _for longer than 72 hours. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Ann Garrison - yes; Lynn Brown - yes; Motion carried unanimously. 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-834 for Donna and David Reed for a Site Specific Development Plan and a Special Review permit for a home business ( lawn service) 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, and conditions set forth by the Department of Planning Services staff and the Development Standards outlined by the staff and amended by the Planning Commission and the testimony heard by the Planning Commission. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Ann Garrison - yes; Lynn Brown - yes; Motion carried unanimously. 880689 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:. }7J Nr CASE NUMBER: USR-834 O cl NAME: Donna and David Reed JUN 2 41988 ADDRESS: 822 East 16th Street, Greeley, CO 80631 /.O04'in^.__�� ofikEwir. aot.o• REQUEST: A Site Specific Development Plan and a Special Review permit for a Home Business (Lawn Service) in the At (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE} of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1,570 feet east of Greeley City Limits; south of East 16th Street. 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 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 City of Greeley and is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The City of Greeley Planning Commission reviewed this proposal on June 14, 1988, and recommended approval. - The use of the property is consistent with the intent of the A (Agricultural) zone district and is provided for as a Use by Special Review. - The use of the property is compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the A (Agricultural) zone district. The surrounding area is residential in character. No objections have been submitted by surrounding property owners. - No overlay districts affect the site. 880689 � .xHibin /-7 David and Donna Reed USR-834 Page 2 Special Review Development Standards and Conditions of Approval will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2. Prior to recording the plat, the Special Review plat shall be amended to show all existing structures which are used in the proposed operation. 3. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 3. 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 Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Motion seconded by Louis Rademacher. VOTE: For Passage Against Passage LeAnn Reid Louis Rademacher Paulette Weaver Ann Garrison Lynn Brown 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. 880689 David and Donna Reed USR-834 Page 3 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 June 21, 1988 and recorded in Book No. XI of the proceedings of the Planning Commission. Dated the 22nd day of June, 1988. \jc,i t ( 1'o r, Bobbie Good Secretary 880689 DEVELOPMENT -STANDARDS David and Donna Reed USR-834 1. The Special Review Permit is for a home business (lawn service) located in the -A (Agricultural) zone district as 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 2-4 C.R.S. , as amended. 3. No vehicle shall be parked along the shoulder of East 16th Street for longer than 72 hours. 4. Wasted oil, pesticides, herbicides, anti-freeze, 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. 3. No permanent disposal of wastes shall be permitted at this site. 6. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Wald County Zoning Ordinance. 7. The property owner or operator shall be responsible for complying with the Operation Standards of Section 21+.6 of the Weld County Zoning -Ordinance. 8. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities tarried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 9. 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 of an amendment of the permit by the Weld County Planning Commission and the Hoard 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. 10. 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. 880689 INVENTORY OF ITEMS 1111,4 T;E➢ FOR -CONSIDERATION Case Numher 415 494- Submitted or Prepared Prior to Hearing At Hearing 1. AppUcation /4 Pages 2. / Applicationp1at(s) ( page() 3. DPS -Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing -List ✓ 6. DPS Mineral Owners Mailing List ✓ 7. 3 DPS Maps Prepared by Planning Technician ./ 8. DPS Notice of Hearing 9. DPS Lase Summary Sheet 10. DPS Field Check ✓ 11. 12. 13. 14. 13. 16. 17. 18. 19. 20. I hereby certify that the io items identified herein were submitted to the -Department of Planning Services at or prier to the scheduled -Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on za 19 u ent STATE OF COLORADO ) L_ COUNTY _OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 43.--TAY OF (Ac. ,g 19 ct . SEAL ^ cam U-Az1 . (11oic, c\ • NO ARY PUBLIC My Commission Expires Feb. 13, 1989 MY C[1MMTS�S^TfN MCP-JIFFS cc EXHIBIT INVENTORY CONTROL SHEET Case (../5-, Vet/ - Exhibit Submitted By Exhibit Description A. /.16277,,X.0-,yar (2, 2'1., , e-I/We-thze B• Ti a-97.�I,.UJ?Q ?OLerai / Jx?.'-6lc�C•Gu�Zi /'...L�G679�J92La�! i� 7 C. 7`�,/J/J1q?�iY�i „Qt, D. 1?i.:!-% eRv 4 E• F. C. H. I. J. K. L. M. N. 0. 880689 CASE NUMBER: USA-334 Date: June 21, 1988 NAME: Donna and David Reed ADDRESS: 822 East 16th Street, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a Home Business (Lawn Service) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SEi of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1,570 feet east of Greeley City Limits; south of East 16th Street. TUE DEPARTMENT OF PLANNING _SERVICES' STAFF RECOMMENDS THAT THIS _REQUEST 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 Department of Planning Services' 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 City of Greeley and is Lonsistent with the Weld County Comprehensive Plan'-s Urban Growth -Boundary Arta Goals and Policies. The City of Greeley Planning Commission reviewed this proposal on ,Tune 14, 1988, and recommended approval. - The use of the property is consistent with the intent of the A (Agricultural) zone -district and is provided for as a Use by Special Review. - The use of the property is compatible with the existing surrounding land uses and with the future -development of the surrounding area as permitted by the A (Agricultural) zone district. The surrounding area is residential in -character. No objections have been submitted by surrounding property owners. - No overlay districts affect the site. - Special Review Development Standards and Conditions of Approval will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This -recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this -request. 880689 David and Donna Reed USR-834 Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit be adopted _and placed _on the Special Review plat prior to recording the plat. 2. Prior to recording the plat, the Special Review plat -shall be amended to show all existing structures which are used in the proposed operation. 3. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the , II existing systems. 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 Services' office and the plat is ready to be recorded in the _office of the Weld County Clerk and Recorder. 880689 DEVELOPMENT STANDARDS David and Donna Reed USR-834 1. The Special Review Permit is for a home business ( lawn service) located in the A (Agricultural) zone district as 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.R.S. , as amended. 3. No vehicle shall be parked along the shoulder of East 16th Street for longer than 0gec hours. 4. Wasted oil, pesticides, herbicides, anti-freeze, 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. 5. No permanent _disposal of wastes shall be permitted at this site. 6. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 7. The property owner or operator shall be -responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 8. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonabl-e time in order to insure the activities carried out -on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 9. 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 of en 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. 10. 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. 880689 LAND-USE SUMMARY SHEET CASE NUMBER: USR-834 NAME: David and Donna Reed ADDRESS: 822 East 16th Street, Greeley, CO 80631 REQUEST: Site Specific Development Plan and a Special Use permit for a Home Business (Lawn Service) in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the SE} of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1,570 feet east of the Greeley City Limits; South of East 16th Street. SIZE OF PARCEL: 0.5 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' Staff has received specific recommendations from the following referral entity: - Weld County Health Department Copies of this referral response in included in this summary packet. The Department of Planning Services' Staff has received no objections from the following referral entities: - Weld County Engineering Surrounding Property Owners The Department of Planning Services' Staff has not received a referral from the the City of Greeley. 880689 P▪ • / ° , i ..k r' �� il______. �-:� •cam-- ��•' ,---s-• ''. , . . ,(11 • l) tl. �___-• t ll• N" ` 'a 16. 1• • ... IQ 415 • '•' . t 1, ..... ; xx "Q: QP � :k' :° : jl—�=' �'r '• •�`s�c� a as I ar U— oi � x. •- ill xe ��.._ c 'WON =aCZFrl�l.p7 �cki ° � I ye •d. 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A5 ��rr.r6�G2 r ve I 164. 46�J,1 ,� "' - G� I flit�� opal 46 Sil. _ / 1 7 I .a M al \ hrt �� I j 'tAA -•d,i I�_y_ `d G`�, ; �/ (AT 1 A --�. n6zn_ q 4� a .yAbir it2r::: f , atitle luh .13 `I, lfl �: / — i t WP I 68908 ® ; /,: r } J ® : . ,,,,.I., 0 , , Y L'N'I r ..f P. , .0 air ++ .-- . ....• r " , .,, 4 � 1 . , . ,..., ..,.. i it 4. .,..., } • t____\4\ \ .....--.. r r ' y, ~ .S.. t T' y p-- k '. 1 ter+• i a t u. 'Sr* -''''1,;,•'44:385 tt $ -.t 1 d� 71: .ygtrS'�t .k ri 4 x +n 'r r 'S4" • 'alTs y • 'j � ,��`as t t ,R i .. i4'2,1 I :i = + # y 4ti j .. bra u,` i t � " 3' y A rit.. .� i 1 s �. t J . _.,, FIELD CHECK FILING NUMBER: USR-834 DATE OF INSPECTION: May 25, 1988 NAME: David and Donna Reed REQUEST: Special Use Permit for a home business and a Site Specific Development Permit. LEGAL DESCRIPTION: Part of the SE} of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1,570 feet east of the Greeley City Limits and south of East 16th Street. LAND USE: N 16th Street and 2 single family residences. E Single family residence, pasture, and accessory structure. S Six foot fence, single family residence, pasture, and accessory structure. W Single family residence and pasture. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W R-1 , Single Family COMMENTS: Access to the property is east of the residence off of East 16th Street. Located on the property are a single family residence and accessory buildings. Driveway and parking area are surfaced with pea gravel. By: ;i n J �ur nn 880689 reptia, IT ;rioRcin ha r Weld County Planning May 31, 1988 To Date COLORADO Health Protection Services Case Number: USR-834 Name: Reed >abject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, treatments, anti-freeze, 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. 2. No permanent disposal of wastes shall be permitted at this site. 3. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. WP/bks L �I k i , ,i )/J y U i it "AY �� 1983 icft Go. 88C689 C REFERRAL LIST APPLICANT: Donald and David Reed CASE NUMBER: USR-834 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: June 6, 1988 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 City of Greeley c/o Mr. Nicholas Matz 919 7th Street Greeley, CO 80631 X Planning Commission Member c/o Ms. Paulette Weaver 1725 12th Avenue Greeley, CO 80631 _ Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 City of Greeley Planning Department 1000 10th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 NO=No Objection SR=Specific Recommendations NR=No Response 880689 SURROUNDING PROPERTY OWNERS REED William N. and Toni L. May 706 East 16th Street Greeley, CO 80631 Larry J. and Barbara A. Cox and Thomas D. and Esther M. Schank 802 16th Street Greeley, CO 80631 Ronald L. Henderson 806 East 16th Street Greeley, CO 80631 Reuben Derr 814 East 16th Street Greeley, CO 80631 Robert W. Trimble 702 East 16th Street Greeley, CO 80631 Claire M. and Larry D. Rideout 824 East 16th Street Greeley, CO 80631 Arthur E. and Floretta B. Fogel 828 East 16th Street Greeley, CO 80631 Edward J. Rutt, Jr. 904 East 16th Street Greeley, CO 80631 Joe R. Garcia 3025 8th Street Greeley, CO 80631 John A. and Dorothy J. Pfleiderer 918 East 16th Street Greeley, CO 80631 Harold F. and Doris I. Satur 2101 15th Street Greeley, CO 80631 Charles C. and Bonnie L. Todd P.O. Box 166 Kersey, CO 80644 James P. Feighny, III 515 41st Avenue 880689 Greeley, CO 80634 Page 2 Robert and Betty Ley 922 East 16th Street Greeley, CO 80631 Robert G. and Bonnie J. Eckhardt 932 East 16th Street Greeley, CO 80631 Daniel C. Kinnison c/o Fred L. and Lucy H. Dilka 909 East 16th Street Greeley, CO 80631 Laurence C. and Clara M. Dodge 821 East 16th Street Greeley, CO 80631 George W. Hildred 815 East 16th Street Greeley, CO 80631 Kay Kunzman c/o Alfonso F. and Charlene M. Griego 705 East 16th Street Greeley, CO 80631 886689 Afidarit of Publication • • • STATE OF COLOR.?.DOI County o! Wt-id; `,- 1 A. Winkler Riesel Salt:I'uunt% n. \\, 1,11,,, :IC : :.Iv .cr•n +.,11:1-1, I are puhh.her n:- Pla r--e-m 1 1 P up,-a1d „ , _.,,e,,. . ,' p..ncral Y.al.me Um1- is :� �clecu:anon was r a-„ chef In the town of Platteville C nein r cm HSVCr• nsrmen:.el u!.:et the J::nr•r❑ IS a:el:r rope has Ix.en pcthshe'd in sr.c wren!', niwsp=per IAr page 2 N-3 May 25, 191 One rrrscrut,'P 1 • eC Ir. the NOTICE OF PUBLIC NEARING hh of said n spy aril entire rs: net..: c' r'•en:ttm The Weld County Planning Commission II DI 0 SZ. d.:'::: ;a I r:o-' l:rnc o:puts:Jr a- will hold a public healing on Tuesday. __..,e -._ .-' ni n:w that t e first Jun21.1966.at1:30p•m.forthepur- ard no: in a .......,. ;^er,of than the Lal pose of considering a Site Specific `f Development Plan add Special Use Permit Vu to of.st nee.C n p::e ea` rg the date, the for the properly add the purpose de- issue o: i':� ncu Spa p;'r bearing L. the Inc scribe? below. Approval of the request may t to Colorado a vested properly ngM pur' . want re tasaes Law. 'Z rJ d a l e o.` Ma V 52 A APPLICANT:Doma and David Reed -- LEGAL DESCRIPF13N:Part m the slTA and the lass pub Ives Lc !h ^o.`. ;r the issue o; ol LEGAL 9.T5N.R65WoIt oltheSM.. said ncscspape•. loco c:-.t c:- C^.c?�dzc of Weld County.Colorado TYPE AND INTENSITY OF PROPOSED May Ic. 880-.J1 the said USE: Home business in the A O ((Aviculture')(Aviculture')zone district. y Oq LOCATION: Approximately 1570 feet Platteville HeraiSL— east of the City of Greeley and south of 16th Street. has e. - L. '- : I .1 .• SIh ACRES,MORE OR LESS r ._ I,.�y tcc The Whelk hearing will be held in the to c :.. . - - Weld County Commissioners' Nearing : c to r .•t .. - Room.First Floor.Weld County Ceder (LC Cr: Is 'vas .i Mel Center.915 Tenth Street.Greeley, i'le f Co ll.-_ 5 .. -i t r le c a 'n I "%a pc-• ZId I Colorado. Comments or objections at the l!nle c. l'371:1 r. c. :! r ':lo o` s'"Id related to the above request should be :h1D1 Olt submitted in rivaling to the Weld County no e:ir. d,..!> art 3TT:•e (c. ..,<: p'.="r 1 DeWrtmsd of Planning Services, 915 . r e. Tenth Street.Room 342.Greeley.Colo- :i I!'C:. rad0 6DGT1. blIXe the above dab p L ,`: .. -DDT' <Y' -c. s presented at the put&hearing on Jun a• 1 Ir Fees [ T - - 'c.. 21.1988. sin Con- Copies Copies of Olaappllcebn an availableanC to Frpra! a!'. Act. a.,. 1,_.., n.: . f:•; w;:' Pr.'. .. ;'c�'t Panfor ning Services. inspection Coent n- __ 1 ! ty Centennial l Center. m 915 T.Wald Coup .. - . .-. ty ee lltemdei 915 Tenth Street. Greeley. Colorado 60634PIww-356J000,Extension 4400• i r Mn Garrison. n .2`77, / jWEIACWNTY CHAIRMAN ' PLANNING COMMISSION r h Published in the PlattMhe Harald.Mal' S u!n•'nh•.'tl D•.rtl ,1 -p,^ ,. 25.1988. Carl �-V' Vnn � ) FIRST SECU f N gA-1C !,Lt 605 4th Street 1 fort Ldp p ' 1 iI 880659 I 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 s Baas=a.aaesaas=sacaava�:sm»cea�ssurasaxYac=cases==c�oseamac_c �acscaaacc.as acs 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: SE/4 Section 9 T 5 N, R 65 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) 822 E . 16th St . , Greeley , CO 80631 PRESENT ZONE A OVERLAY ZONES * TOTAL ACREAGE PROPOSED LAND USE Home Business/I..awn Service EXISTING LAND USE Residential/Lawn Service SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: ---- — ---- — — -- Name: Donna and David Reed Address: 822 E . 16th St . City Greeley Zi 80631 Home Telephone # 353-5235 Business Telephone 11 p Name: Address: _ City Zip Home Telephone 1/ Business Telephone /t APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City _ Zip Home Telephone # Business Telephone If * List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Address: City Zip Name: Address: City Zip 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 ) UjoNnul__) Signature: Owner or Authorized Agent Subscribed and sworn to before me this 9th day of ebrua r'y 1988 t>t ilrz/44A NOTAUB My commission expires May 30, 1991 880689 DESCRIPTION OF THE PROPOSED OPERATION AND USE 1 . Applicants have operated a lawn mowing service since February 1981 from their residential address of 822 East 16th Street, Greeley, Colorado. Applicants were not aware that their use of the property was contrary to the allowed uses by right for the agricultural zone in which the Applicants ' property is located. Applicants wish to continue operating a lawn service business from the residence located on the property in question and, for that reason, submit this Application . The lawn service operates five days per week, with hours of 7 : 00 a .m. to 4: 00 p.m. , and a business season beginning in March and ending in November. The extent to which this "home business" is operated on the subject property is limited to the following: (a) Use of telephone by Applicants for making arrangements with customers with respect to lawn care service; (b) Storage of trailer and lawn mowers in an enclosed shed which is detached from the Applicants ' residence; and ( c) One worker picking up the truck and trailer with lawn mowing equipment in the morning and returning the same in the afternoon at the conclusion of the work day. The lawn mowing service employs two employees during its business season . No work by such employees is performed on the property in question. 2 . The Applicants need the approval of the proposed Use by Special Review for the following reasons: (a ) The cost of moving the business to another property is prohibitive; (b) Applicants need the home business for income to support themselves; and ( c) Applicants recently constructed the building on the subject property, with county approval, the sole purpose for which is the storage of equipment related to the lawn service business. That building will be of no use to Applicants, and the expense of construction will be a waste, if Applicants are precluded from operating their lawn service business on the subject property . 3 . The distance of the proposed use to residential structures in each direction is as follows: &J0a89 ( a) To the south direction is 824 East 16th Street, at a distance of 75 feet; (b) To the east direction is 828 East 16th Street, at a -distance of 101 feet; ( c) To the west direction is 814 East 16th Street, at a distance of 80 feet; and (d) In the north direction is 821 East 16th Street, at _a distance of 250 feet. 4 . The properties surrounding the property in question have various uses . A viewing of the property in question reveals that _all structures in the immediate area border East 16th Street and that most open space is behind the structures lining East 16th Street. Traveling from west to east, the uses of property along East 16th Street progress from commercial and heavy agricultural use to residential with some commercial use, and then to residential with a heavier commercial use. East 16th Street is a quilt patch of diverse uses that are ordinarily not combined in standard land use planning schemes. Beginning with the properties to the west of the property in -question and listed by address are the following uses: (a) 300 East 16th Street: Ironwood Office/Warehouse Complex containing 18 units. (b) 370 East 16th Street: Solar Energy Products . ( c) 400 East 16th Street: warehouse and chain link fenced yard of Debruyn Produce Companies . (d) 420 East 16th Street: four concrete silage storage pits, approximately 30 feet deep, 300 feet long, and 50 feet wide. (e) 485 East 16th Street: a residence with a shop to the rear of it, with the business name of Carsey Custom Service on a sign . ( f) 510 East 16th Street: a residence with fenced yard containing equipment and stacks of firewood from which Ferrell ' s Firewood Service is operated. (g) 705 East 16th Street: residence with several tractor/trailer rigs parked on the property . Upon information and belief, there is a truck repair business being operated on such . (h) 806 East 16th Street: a residence and other buildings from which is operated Tip-Top Mobile Home Service and Mobile Home Transport . -2- 880689 (i ) 821 lEast 16th Street: residence with shop building to the rear of the residence. Property to the east of the subject property is primarily residential in nature for approximately two blocks. Several residences have shop buildings to the rear of the residence and/or corrals . The residence at 918 East 16th Street has greenhouses to the rear of the residence from which is operated a business by the name of Economy Greenhouse Bedding Plants. At 1048 East 16th Street there is a business which sells grave site monuments and has a small office building on the property. It was difficult to determine whether or not this was an active or abandoned business, but several monuments were flisplayed -between the building and the street. At 1431 East 16th Street, one-half mile from the subject property, is the entrance and frontage of M & M Sand and Gravel Excavation and Trucking Company, with a sign that advertizes 24-hour service . 5 . Applicants ' source of water is the North Weld Water _District. A memorandum from the North Weld Water District concerning the tap on Applicants ' property is attached to this Application. 6 . The access route to be utilized for the proposed use is the 18-foot wide driveway from 16th Street to the property in question . That access is an easement and right of way acquired by the Applicants by Warranty Deed upon the purchase of the property in question. 7 . Vehicular traffic exists only during the business season and consists of the following: (a) A 1977 Chevrolet pickup Truck and an 18-foot trailer carrying lawn mowing equipment will have one round trip per working day. (b) A 1976 Ford Tickup Truck will have one round trip per working day. (c) Each of the two employees of the proposed use will have one sound trip per working day in their personal vehicles. All parking of vehicles will be on Applicants ' property, and all equipment, including the trailer, will be stored in a building on the subject property. 8 . There is no waste or stockpile associated with the proposed use. Storage is all contained within a 25-foot by 32-foot metal building currently in existence on the property . -3- 880659 9 . All other details which are requested as "application requirements" do not apply to the proposed use. -4- 880689 SUPPORTI-NG STATEMENTS 1 . The Applicants ' -proposed use is clearly consistent with the Weld County Comprehensive Plan. The property in question is located within an agricultural zone, which allows a home business to be operated on -such property upon approval of an Application for Use by Special Review. The subject property is within the urban growth boundary of Greeley, within a specific area of diverse land uses. Although located within an agri-cultural zone, there will -be no loss of agricultural land as a result of the proposed use. All necessary public services are in place for the property in question and, therefore, will not require any extension or expansion of such service-s . 2 . As stated in Section 31 .1. of the Weld County Zoning Ordinance, " [t]he A district is also inte-nded to provide areas for the conduct of uses by special review . One use which may be made of property in the A District upon approval ofa permit as a use by special review is a "home business" ( Section 31.-1 . 15) as defined by Section 10 .1 of the Weld County Zoning Ordinance . The proposed use fit-s within the definition of "home business, " as described in the preceding document entitled "Description of the Proposed Operation and Use . " 3 . The health, safety, and welfare of the inhabitants of the neighborhood have been considered and Applicants believe that adequate protection is provided on the basis that the proposed use does not create any greater threat or intrusion than does the current residential use of the property. The nature of the neighborhood in which the subject property is located will -not be affected by the continued use of the subject property for the lawn service business . 4 . The proposed use is compatible with the existing uses made of surrounding land. Those uses to which the property is adjacent to the subject property were set forth in the preceding document entitled "Description of the Proposed Operation and Use. " 5 . The area surrounding the property in question is zoned for several uses, including residential, commercial, industrial, and agricultural . Discussions -with planners for both the City of Greeley and Weld County have resulted in conclusions on their part that the future development of the surrounding arra is unclear and that the hodge-podge of permitted uses makes it difficult to project what will be the future development of the area . Because the surrounding area has such a mix-ed usage and the uses are of diverse intensity, Applicants ' use of the property for a home business will not be inconsistent with existing or future uses . She low level of intensity of the proposed use will certainly not interfere with the use and enjoyment of surrounding properties . 0689 880689 6 . The subject property is not in -a flood plain or a geologic hazard . It is within t-he Greeley/Weld County Airport Overlay District, but the proposed use complies with height restrictions of such district. 7 . The soils of the property on which the proposed use will be conducted, as described by a U. S.G. S. soil study, are Altvan Loam, zero percent to one percent slopes, and a-scalo-n Loam, one percent to three percent elopes. Applicants _do not anticipate the proposed use having any different impact upon the soils than the current residential use of the property. 8 . The -necessity of a noise report was waived by Brian Bingle of the Department of Planning S-Prvice-s of Weld County. 9 . A copy of the deed ide-ntifying the Applicants ' interest in the subject property is attached to this Application. 10 . A certified list of the names, addresses, and corresponding parcel identification numbers for such properties within 590 feet of the subject property is attached to this Application. 11 . A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the subject property is attached to this Application. 860689 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property: Part of the $E/4 of Section 9 , Township 5 North, Range 65 West of the 6th P.M. ( 822 East 16th Street , Greeley, Colorado) STATE OF COLORADO ) ss . : COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of her knowledge, the attached list is a true and accurate list of the tames , 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 reconis 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 , 2 C'/ The foregoing instrument was subscribed and sworn to before me on May 12 , 1-988 . WITNESS my hand and official seal . My Commission expires : May 30 , 11391 . Notary Pihblic UUU 880689 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S STATE AND ZIP CODE PARCEL IDENTIFICATION 4 William N. May and 706 E. 16th Street 0961-09-4-00-016 Toni L. May Greeley, CO 80631 Larry J. Cox and 802 16th Street Bar ara , ox 0961-09-4-00-090 Thomas D. Schank and Greeley, CO -80631 st er , can Ronald L. Henderson 806 E. 16th Street 0961-09--4-00-013 Greeley, CO 80631 R Larry J. Cox and 802 16th street Bar ara ox 0961-09-4-00-096 Thomas D. Schank. and Greeley, CO 80631 Est er c an Robert W. Trimble 702 E. 16th Street 0961-09-4-00-095 Greeley, CO 80631 Claire M. Rideout and 824 E. 16th Street 0961-09--4-00-019 Darr D. Rideout Greeley CO 80631 - Claire M. 1tideout end 824 E. 16th Street 0962-09-4-00-020 Larry D. Rideout Greeley, CO 80631 880689 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, STATE AND ZIP CODE ASSESSOR'S PARCEL IDENTIFICATION !/ Claire M. Rideout and 824 E. 16th Street 0961-09-4-00-021 Larry D. Rideout Greeley, CO 80631 • 1-0 -4-00-022 Larr D. Rideout Greele , CO 80631 a d 828 E. 16th Street 0961-09-4-00-OIO Floretta B. Fo el Greeley, CO 80631 Edward J. Rutt, Jr. 904 E. 16th Street 0961-09-4-OU-U09 Greeley, CO 80631 Joe R. Garcia 3025 8th Street 0961-09-4-00-008 Greeley, CO 80631 ire M Rideout and 824 E. 16th Street 0961-09-4-00-023 Rideout Greele CO 80631 John A. Pfleiderer and 918 E. 16th Street 0961-09-4-00-007 Dorothy J. Pfleiderer Greeley, CO 80631 Harold F. Satur and 2101 - 15th Street 0961-09-4-00-082 Doris I. Satur Greeley, CO 80631 880689 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR, STATE AND ZIP CODE S PARCEL IDENTIFICATION i7 Charles C. Todd and Box 166 0961-09-4-00-033 Bonnie L. Todd Kersey, CO 80644 0961-.O9-4-00-100 Greeley, CO 80634 Robert Ley and 922 E. 16th Street 0961-09-4-00-006 Betty Ley Greeley, CO 0631 Ronald G. Eckhardt and 932 E. 16th Street 0961-09-4-00-005 Bonnie J. Eckhardt Greeley, CO 80631 not 1 C Kirni on c/o Fred L. Dilka and Q961-09-1-00-014 S reet Greeley. CO 80631 a d 821 E. 16th Street 0961-09-1-00-013 Clara M. Dodge Greeley, CO 80631 George W. Hildred 815 - E. 16th Street 0961-09-1-00-021 AND Greeley, CO 80631 0961-U9-100-020 Kay Kunzman c/o Alfonso F. Griego and 0961--09-1-00-011 705 E. 16th Street Greeley, CO 80631 880689 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property: Part of the SE/4 of Section 9, Township 5 North, Range 65 West of the 6th P .M. ( 822 East 16th Street, Greeley, Colorado) STATE OF COLORADO ) ss . : COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that, to the best of her knowledge, Union Pacific is the owner of all right, title, and interest to the minerals on or under the parcel of land which is the subject of the application as determined by 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. The foregoing instrument was subscribed and sworn to before me this 9th day of February , 19 88 WITNESS my hand and official seal. My Commission expires: May 30, 1991 I Notary$bli 880689 r 1NDf ED r-- 1910 11 l `� Recorded__ - _Alai__. - 0 — at J.l 5- t '`T1 OC)l: o'cloc4 . 14Q. e?`}} • Reception No. r r� ANN SPOMER • la. r2 �.I �fd . I - �..... \ ----__.1 _ Recorder. i tt5PPb, • fMade this 21st day of March in the r• .-t ycar of our Lord one thousand nine hundred and severity between r,� WALTER L. HARRIS and EVA E . HARRIS 11 of the County of Weld and State of Colorado, of the I- first part, and DAVID L. REED and DONNA J. REED • r-t ;,,r of the Cotaty of Weld Colorado,and State of Coloda, of the ,1 second part: `_) WITNESSETI;: That the said parties of the first part, for and in consideration of the sum of othervaluable consideration and TENo ees DOLLARS, 0 to the said part ie5 of the first part in hand s paid by the said parties of the second part,'the receipt whereof of is hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant, bargain, co sell, convey and confirm unto the said parties of the second part, to pass-TuitKt74�tdtixacSCJMVPHQptrK o bru.K in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the fol- lowing described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to-wit: The North 255 .6 feet of the North the �!35 .6 feet of the West 80 feet c.D 1._ of Lot Two (2) of Northwest L (NUS of Section Nin quarter of the Southeast Quarter ( 9) , Township Five (5) North, Range Sixty— i five (65) West of the 6th P.MM1. , according to the subdivision of (4.-: lands by the Union Colony of Colorado, together with an easement r and right of way over and across all that part of the South of the North !153. 6 feet of said Lot Two (2) lying Westof � feet the East 18 feet thereof, and over and across the East 18 feet of the West 98 feet of the North 435. 6 feet of said Lot Two (2) . TOGETHER with one-fourth ( 1/4) share of the capital stock of The Greeley Irrigation" Company and one-fourth ( 1/4) share of the capital stock of The Orange Street Ditch Company . IT IS HEREBY DECLARED THE ABOVE PROPERTY IS CONVEYED IN JOINT TENANCY. TOGETHER with all and singular the I:ereditaonerrts and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remai'tder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part le S of the first part, either in law or equity, of, in and to the above bargained premises, the hereditamcnts and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the said parties of the second part, the survivor of therrv,their as ors. and ever. And the said [�l�emSe�'vehS` heirs and assigns of such survivor far.Part 1 e.of the first part, for/ 7{cX sirs, elf rs, soon admini rt:ato:s, do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the cnscaling and delivering of these presents, they are well seized of the premises above conveyed,-as of good, sure, perfect, absolute_aud indefeasible estate of inheritance, in law, in fee simple, and ha Ve good right, full power and lawful authority to grant,-bargain, sell and convey, the same ir manner and form aforesaid, and that the same arc free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever: Subject to taxes for the year 1970, payable in 1971. and the above bargained {:remises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the dories and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ieS of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said ,art ieS seal s the day and l of the first part have hereunto set tYlelrhand .> and year first above written. •Signed, Sealed and Delivered in the Presence of 1^ ��' `� ---_.__ -!._ -1 C z241.,__.f/:fi-1. 1,t..�_-------(SEiAL) Stute Documento e PR 1 e � . _7trr - - -'- i V i i $ 1 - 5 C."; __------------------- — __—..(SEAL) STATE OF COLORADC).l _ , .••tot t •of, Weld, is s. foregoing instrument was acknowledged before me this ' �� • • �1 _ March - --- day o: t. ....,A. ! --- 19 70, b Walter L. Eva Harris .and____ � 1. -- -._..._.. .., , E_,_ Harris `_aLd_each thm Witneri }'r•. %Hand and 09. 11 Scal -______ 0 �� \ ' kIy Commissionapirat b1 1vflITlfJI �' 1 < C. Nh. , Ahl:3 t. l -__-__1- tr f 4 i s l 0 ?Tr, stF Pr�IAes WARR-N'I'Y))ETD•-•'r '._._. _....._._- 880683 • 689©SS • • I C III 7:1 O (x1 Q 9 1 ' b .. i A Ill U7 4c a H °d .� I a p 0 Jp a a w o 1 C''� y` NN Z W ~ W W Q Q O ° v 6 o C� W . e a fr. v 1s \�, W u o V'' W a Fc4 ..,..1. / s L ° I ATT N C 6/29/88 COPY OF NOTICE MAILED FIRST CLASS TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO GREELEY, 0. BOX 758 ILEY ' COLORADO 80632 JEFFERY T. BEDINGFIELD, ATTORNEY AT LAW 3545 W. 12TH STREET, #201 GREELEY, CO 80634 S "'9 6J0689 Hello