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Home My WebLink About890916.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR COMMERCIAL USE (TRASH HAULING BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - HARDEN AND HELEN SCHULTZ 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 16th day of August, 1989, at the hour of 10: 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Harlen and Helen Schultz , 139 Weld County Road 46 , Berthoud, Colorado 80513 , for a Site Specific Development Plan and Special Review Permit for commercial use (trash hauling business) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the W} SW} , Section 7, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Russell Anson, Attorney, and WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the intent of the Weld County Comprehensive Plan agricultural goals and policies. Prime farmground will not be affected by this request. 890916 Page 2 RE: USR - SCHULTZ b. The proposal is consistent with the Agricultural Zone District and is provided for as a Use by Special Review. c. The uses permitted will be compatible with the existing surrounding land uses which include agricultural production, rural residences, Weld County Road 46 , and Weld County Road 1 . The use will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District. Special Review Permit Development Standards will ensure continued compatibility with the surrounding land uses. One objection has been received from surrounding property owners. d. No overlay districts affect the site. e. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and 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 commercial use (trash hauling business) 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 shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Within 30 days of approval by the Board of County Commissioners, the applicant shall submit a letter from the Berthoud Fire Protection District demonstrating that adequate access will be provided to the site. 890916 Page 3 RE: USR - SCHULTZ The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of August, A.D. , 1989. `h ill _t"-(;) BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.W. Kirby, hairman Zre tivt, • $ ProTem eputy County Cl rk APP OVED AS TO FORM: ene R. Brantner George Kene County Attorney Gor f • 890916 DEVELOPMENT STANDARDS Harlen and Helen Schultz 1JSR-882 1 . The Site Specific Development Plan and Special Review Permit is for a trash hauling business as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. This permit shall be limited to no more than seven trash trucks and five employees besides family members residing on the property. 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 outside storage shall be permitted on the site except for the trash trucks and polycarts. The trucks shall be parked in the truck parking area as shown on the Special Review Permit plat. The polycarts stored on the site shall be screened from adjacent properties and rights-of-way. The screening plan shall be submitted to the Department of Planning Services for approval. 4. No waste brought to the site shall be stored on the site for more than one night. 5. Waste oil, antifreeze, 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. 6 . No permanent disposal of wastes shall be permitted at this site. 7. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 8 . Trucks loaded with trash shall park, store and haul in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9 . Fugitive dust must be confined on this site. 890916 Page 2 RE: USR - SCHULTZ 10 . The maximum permissible noise level shall not exceed the industrial limit of 80dB (A) , as measured according to 25-12-102 , Colorado Revised Statutes. 11 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the 'Weld County Zoning Ordinance. 13 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 14 . Personnel from the Weld County Health Department, Berthoud Fire Protection District, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 15 . The Special Review Permit area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16 . The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 890916 -HEARING CERTIFICATION -DOCKET NO. 89-35 TEE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL -REVIEW PERMIT FOR A COMMERCIAL USE (TRASH HAULING BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - HARLEN AND HELEN SCHULTZ A public hearing was conducted on August 16, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner George Kennedy - Arrived Later Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry The following business was transacted: -I hereby certify that pursuant to a notice dated July 31, 1989, and duly published August 3, 1989, in The New News, a public hearing was conducted to consider the application of Harlen and Helen Schultz for a Site Specific Development Plan and Special Review Permit for a commercial use (trash hauling business) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, representing the Planning Staff, read the favorable recommendation of the Planning Commission into the record. Ms. Curry noted that the Development Standards allow for seven trash trucks, and the addition of more trucks would be a major change requiring an amendment of the Permit. (Let the record reflect that Commissioner Kennedy is now present.) Russ Anson, Attorney, came forward to represent the applicant. Mr. Anson traced the history of this business, and he stated that Mr. and Mrs. Schultz own 80 acres, but only three of the acres are included in the Special Review Permit area. Mr. Anson presented exhibits which were submitted at the Planning Commission hearing. Mr. Schultz came forward to answer questions of the Board. Dan Stroh, the owner of adjacent property, _came forward to voice concerns. After comments by Mr. Anson and Mr. Schultz, Commissioner Brantner moved to approve the request for a Site Specific Development Plan and Use by Special Review, subject to the Conditions and Development Standards contained in the Planning Commission's recommendation. The motion was seconded by Commissioner Zacy, and it carried unanimously. This Certification was approved on the 21st day of August, 1989. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: �� WELD COUNTY, COLORADO 7 Weld County Clerk and Recorder %r and Clerk to the Boa C.W. Kirby, Cha an • eputy County Cle k al . a \'e John:o Pro-Tem Gene R. Brantner TAPE #89-32 George Ke ' d , DOCKET #89-36 / PL0478 Gor: ° . y' c £90916 PUBLIC NOTICE The Board of County Commissioners of Weld County, Color-ado, 0n August 16, 1-9_89, 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.3t.S. , as amended, for a period of three years. APPLICANT: Harlen and Helen Schultz 139 Weld County Road 46 Berthoud, Colorado 80513 LEGAL DESCRIPTION: Part of the W} SW1 of Section 7, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Commercial use (trash hauling business) in the A (Agricultural) Zone District SIZE OF PARCEL: 3 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD -BY: Mary Reiff, Deputy PUBLISHED: August 24, 1989, in The New News s9091fi PUBLIC-NOTICE n�.�� r_rd Di weld -Cog I8, 1ON,opment n anapproved a d�a �rope�{y w Permit dee cl ged CZI.Coodnlonal rt vaL_?f „e. yet mod ant vswew FIT' Article it 1i C.R.d.,-n amended far -Setkd fiirrat and Helen nadd R� 16 LdanMdo A05ON: Pat d WiCRITIIAL p 1 N Raaaae 66 Weof Section st, the Nh P.M., Weld CwntY, -Colorado AND USE: �r-O use(ttask ini m the gQaE�ssvOF PARCEZ7LL::1:33 acres,sname • end FFenn& b h lepp ,awl aW re t m a forfeiture d the vested YCp�QOeARD OF OP COUNTY WELD CO 11 NTY9WIARADO BY: MARY��ANNTNyF�E ST EIN ,.. ��R�1'f1E BOARD \(1)/4.4 ugust II, Ism, in Qa A 7M Rerr der.. ' itre-inirt.i'W7-1.4-1---- /tIV S9391c -I ATTENDANCE RECORD PLEASE write -or print legibly your name , -ad-dress anti the name of the applicant or Docket 4 for the hearing you are attending. TODAY'S -HE-ARINGS ARE AS FOLLOWS: AUGUST 16, 1989 DOCK-ET # 89-36 - USR, COMMERCIAL USE (TRASH HAULING BUSINESS) IN THE AGRICULTURAL ZONE DISTRICT - HARLEN & HELEN SCHULTZ DOCKET ?- DOCKET # NAME ADDRESS -HE-ARING ATTENDING S C/ICL,ra /3 % c..i. 6. UG (r)3-73 g I Vic-.• u > !l' A/e/Pi &' Ai, 4tz / 99 WC: R-d.. '6 Rev/IioliIrC '3 87- 96L(SIk `OA e, s /941 5 L1 / /1"11 yet° & rv-° ( <<> <-i' q -3 G — U?f2 536S16 NDTICE 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 Board'=s Office shall be advised in .writing of such action at least five days prior to the hearing. The cost tf -engaging s court reporter shall be borne by the requesting party. BE IT ALSO -KNOWN that the text and map-s 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. 89-36 Harlen and Helen Schultz 139 Veld County -Road 46 Berthoud, Colorado 80513 DATE: August 16, 1989 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit — Commercial use (trash #hauling business) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the WI SW} of Section 7, Township -4 North, -Range 6-8 West of the 6th L.M. , Weld County, Colorado LOCATION: North oT Weld County Road J+6, east of Meld County Road 1 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: Uuly 31, 198-9 PUBLISHED: August 3, 1989, in She New News 894191-6 1 Purim:*�aod � btLeic are t oft mntyty etadoStoners of, Weld y`'�cente nlat Center, Ilk 10th Street, -First Floor,`nteekf Colorado, at Abe time steel n the e any manner Effikierc Plan and are to attend and may be aerie or any interest t°` anscord�p[D�llhcatot presence of a in eb make won la the � p�. wOat It Use Board's Office ill hearingt-thebeIss_advised in-writing dent divine of such awn at least five days of entailing B en ll ior to-the heathy. The be borne by the rep yy thew ot th ap . .%may Me examined in the office of the Clerk tothe of located �Couny 91 10th �ty aC, Third Flom, O_O( CET NOO.19.3 APPLICANT 'Tarim and Helen Schultz, 139 Weldtai6ntg Road 46, DA AA�oauht��18,166613 TIME: U�RREQQUESI': A.M.~SiteMan �Pamait ommerl re business)-in the A (AAgrtlmltiralral Zone.District 1 ,AL. DESC7iIPA9ON: Part of the WSS SW1/4 of Section 7 TowosWB 4 North, Benue 88-vest of theP.M., Weld County, LOCATION eas of of Co ty un County Road Road BOARD OF COUNTY WELD COUNTY COLORADO BY: MARY ANN FEUERSTEIN RECORDER RD CCCLERAND O BY: Mary Reiff,Deputy DATED:.1 31,IMO PURL August 3, 1686, in ^7/ The New News ••7 ei i/C.L t r 3916 AFFIDAVIT OF PUBLICATION Loveland Daily ilk` Reporter- Herald State of Colorado County of Larimer Pursuant to the zoning atws of the State of Colo- County the Weld County Zoning Ordinance,.a Robert B . Rummel pub110Bpring will be naltl In the Chambers ofthe 1 do Board M County Commissions s of Wel County, Colorado, Weld County Centennial Center, 91$ solemnly swear that the LOVELAND DAILY REPORTER- „ sneer,First:SC: pars Greeley,Coloratl r at er- an theed.All persons in any manner inter estad M the Site Specific Development Plan and HERALD is a daily newspaper published in the City of Loveland, spspler Review Permit are requested ro at end County of Larimer, State of Colorado, and which has general cir- and mar ee nears. Shouts tad applicant or any Interested party tle- culation therein and in parts of Larimer and Weld Counties; that sire the presence of a court reporter to make a said newspaper has been continuously and uninterruptedly record of the Proceedings,In ins e to ine taped g,the record which will be kept tlurinq me hearing,the published for a period of more than six months next prior to the Clerk a fhe Boartl s O/flee shall be adprior in writing of such action at least flue days prior to first publication of the annexed legal notice of advertisement, the ha cost ofhe engaging a court report- er shall be borne by the at the fezt i ntl maps so that said newspaper has been admitted to the United Statess a nrled be ine Weld County planning Clerk t o mails as second-class matter under the the m+r examity In ine ssioe of the Clerk to provisions of the Act of the Beaty of County Commssioners, located In March 3, 1879, or any amendments thereof, and that said the t Weld d County Centennials ce"'era 915 10th 5trNt,Third Floor,Greeley,Colgrado. APPLICANT newspaper is a daily newspaper duly qualified for publishing 7739 weld noun le Ro Road 4 It legal notices and advertisements within the meaning of the laws DOCKET NO Berthoud, hid d,Colorado 80513 of the State of Colorado; that a copy of each number of said DATE:August 16,1969 TIME: 70:00 A.M. newspaper, in which said notice of advertisement was published, REQUEST: Sire Specific Development Plan and was transmitted by mail or carrier to each of the subscribers of spatial Review Perini} herim(Agri Use Waal haullhg business/ in the (Agricults strict said newspaper, according to the accustomed mode of business LEGAL DEralIZ0ne$RIPTION: Part of the Wl/9 SW1/4 of Section 7,Township 4 North, Range d6 West in this office. of the 6th P.M.,Weld County,Colorado LOCATION;North of Weld County Road 4,east of Weld County Road 1 BOARD OF COUNTY That the annexed legal notice or advertisement was published COMMWELD CO UNTY,COLORADO in the regular and entire edition of said daily newspaper once; CO:MARY ANN FELIERSTEIN UN TY CLERK AND RECORDER and that one publication of said notice was in the issue of said ABY:DCLERK Re TO p putBOARD y newspaper dated August 4 O DATED:July 31,199 19 89' Publish: Le stand Daily Reporter-Herald August 4,WV Laderz General Manager Subscribed and sw to before me this 4th day of Au t '1989 475 rSiciev Notary Public r MYCOMMISSION EXPIRt v FEBRUARY 8,1990 pOFEE$ 25 .50 .- 830916 1 DATE: July 31, 1989 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 16th day of August, 1989 , at 10 : 00 A.M. Docket No. 89-36 - Site Specific Development Plan and Special Review Permit for a commercial use (trash hauling business) in the A (Agricultural) Zone District - Harlen and Helen Schultz OFFICE OOOFF THE COLE TO THE BOARD BY: /Ge it Deputy O/ 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�,»,r .7) 890916 _Summary of the Weld County Planning Commission Meeting July 18, 1989 Page 3 EASE NUMBER: USR-882 APPLICANT: Harlem and Helen Schultz REQUEST: A Site Specific Development Plan and a Special Review permit for a commercial use (trash hauling business) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the W} SW} of Section 7, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 46, east of Weld County Road 1. APPEARANCE: Russ Anson, Attorney at Law, represented the applicants. He presented a plat map showing the arrangement of the house, other outbuildings, and trash hauling equipment on the lot. He distributed a brochure showing the small trash trucks, an aerial photo showing the special review site, six photographs showing the site, and three photographs showing polycarts en the property. All four exhibits were retained as evidence. No business is conducted on the prcperty except for an office, and the trucks are parked on the property when not in use. Employees park their vehicles on the property while they are using the trash trucks. Three acres of this property is all that will be taken up by the use by special review site. The use will not have a negative impact on the land or the environment. The Chairman called for discussion from the members of the audience. Dan Stroh, adjacent property owner, spoke in opposition to this request. He felt this type of business is appropriate only in an industrial or commercial zone district. Tape 348 — Side 1 The Chairman asked Lanell Curry to read the recommendation, conditions, and development standards into the record. Lanell reported one letter of opposition has been received. MOTION: Rick Iverson moved Case Number USR-882 for a Sire Specific Development Plan and a Special Review permit for a commercial use (trash hauling business) in the agricultural zone district he frowarded to the Board cf County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and development standards presented by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Jerry Burnett. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. h, L r <1 890916 Summary of the Weld County Planning Commission Meeting July 18, 1989 Page 4 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry Kiefer - yes; Rick Iverson - yes; LeAnn Reid - yes; Jerry Burnett - yes; Ann Garrison - yes. Motion carried unanimously. CASE NUMBER: USR-883 APPLICANT: Colorado Department of Highways REQUEST: A Site Specific Development Plan and a Special Review permit for a major facility of a public utility (office and maintenance facility) . LEGAL DESCRIPTION: Part of the Si of Section 1, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Southeast of the intersection of Weld County Road 47 and State Highway 263. APPEARANCE: Rose McDonald, Engineer, State Highway Department. The State Highway Department plans to relocate some of its office and highway maintenance facilities to this site. All utilities are available to the site except sewer. A septic system will be installed. Ann Garrison reported on the on—site inspection she had done. There are enormous steel beams and other road and bridge supplies on this site. It appears, to her, to be a dangerous situation to even try to remove these supplies. Rose McDonald reported the supplies on—site belong to the County who has been renting the site. If they were moving the supplies, they would have flag people to regulate the traffic. Also, when they develop the site, they will comply with all necessary accel and decel lanes required by the State Department of Highways for this site. The Chairman called for discussion from members of the audience. There was none. The Chairman asked Ms. McDonald if the recommendaticu, conditions, and development standards outlined by the staff had been reviewed? She stated they had no problem with any of these. The Chairman asked that these items be filed with the summary as a permanent record of these proceedings. This application is for a major facility of a public utility. Therefore, the Planning Commission's decision for approval is final. If the planning commission's decision is for denial, the applicant may request a hearing with the Board of County Commissioners, and the Board may or may not reverse the decision of the Planning Commission. 890916 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSTON_ .- RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Rick Iverson that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resovled by the Weld County Planning Commission that the application for: CASE NUMBER: USR-882 NAME: Harlen and Helen Schultz ADDRESS: 139 Weld County Road 46, Berthoud, CO 80513 REQUEST: A Site Specific Development Plan and a Special Review permit for a commercial use (Trash Hauling Business) in the Agricultural zone district LEGAL DESCRIPTION: Part of the W} SWI of Section 7, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 46, east of Weld County Road 1 he 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: - The proposal is consistent with the intent of the Weld County Comprehensive Plan agricultural goals and policies. Prime farmground will not be affected by this request. - The proposal is consistent with the Agricultural zone district and is provided for as a use by special review. The uses permitted will be compatible with the existing surrounding land uses which include agricultural production, rural residences, Weld County Road 46, and Weld County Road 1. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. Special Review permit development standards will ensure continued compatibility with the surrounding land uses. One objection has been received from surrounding property owners. No overlay districts affect the site. vJ -ir.'t) t � I� USR-882 Harlen and Helen Schultz Page 2 Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval by the Board of County Commissioners, the applicant shall submit a letter from the Berthoud Fire Protection District demonstrating that adequate access will be provided to the site. Motion seconded by Jerry Burnett. VOTE: For Passage Against Passage Jerry Kiefer Rick Iverson LeAnn Reid Jerry Burnett Ann Garrison 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. 89CD16 USR-882 Harlen and Helen Schultz 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 July 18, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. -Dated the 19th day of July, 1989. ele\sla.�.. ood Bobbie Good Secretary :o( •ti SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Harlon and Helen Schultz USR S82 A. The Site Specific Development Plan and Special Review permit is for a trash hauling business as submitted in the application materials on file in the Department of Planning Services and subject to the development Standards stated hereon. This permit shall be limited to no more than 7 trash trucks and five employees besides family members residing on the property. 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 outside storage shall be permitted on the site except for the trash trucks and polycarts. -The trucks shall be parked in the truck parking area as shown on the special review permit plat. The polycarts stored on the site shall be screened from adjacent properties and rights-of-way. The screening plan shall be submitted to the Department of Planning Services for approval. 4. No waste brought to the site shall be stored on the site for more than one night. 5. Waste oil, 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. 6. No permanent disposal of wastes shall be permitted at this site. 7. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. S. Trucks loaded with trash shall park, store and haul in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. -9. Fugitive dust must be confined on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 8909ar Development Standards Harlen & Helen Schultz USR-882 Page 2 13. -Ile property owner or operator shall be responsible for complying with the Dperation Standards of Section 24.6 of the Weld _County Zoning Ordinance. 14. Personnel from the Weld County Health Department, -Berthoud Fire Protection District, and Weld County Department of Planning Services shall bE granted access onto the property at any reasonable time -in order to ensure the activities carried out on the property comply with the Development Standards stated hereon -and all applicable Weld County Regulations. 15. The Special Review area shall he limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld _County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval ci an -amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 033916 ADDITIONAL COMMENTS USR-R82 Harlen and Helen _Schultz The Berthoud Fire -Department has stated concerns regarding adequate fire protection, such as a fire -hydrant to -meet the requited fire flow, and fire department access to the business. Condition of approval #4 addresses the access _concern. It is the opinion of the Department of Planning Services' staff that the request for a fire hydrant at this location is unreasonable. An expansion in the number of trash trucks will be considered a major _change to this special review permit. -The expansion will require an amendment to this permit and a Road Improvements and Maintenance Agreement -approved by the Board of County Commissioners. $90916 I INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-882 Submitted or Prepared Prior to Hearing At Hearin 1 . Application 14 Sages X 2. One application plat(s) one page(s) X 3. DPS Referral Summary Sheet X 4. -)PS Recommendation X 5. _IRS Surrounding Property Owner's -Mailing List X 6. 1W-S Mineral Owner's Trailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DES Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Yield Check X 11 . 6-13-89 referral from Berthoud Fire -Protection X District 12. 6-15-89 referral from Weld County -Engineering X 13. fi-19-89 referral from Larimer County Planning X 14. -6-12-89 referral from Little Thompson Water 11 District 15. 6-8-89 letter to applicant from Department of 1C Planning Services 16. 6-13-E9 letter from Russ Anson and petition X from surrounding property owners 17. 7-10-89 letter from Daniel G. Stroh, surrounding X property owner 18. Exhibit 1 - Brochure regarding small trash truck X 19. Exhibit 2 - Aerial photo tf property X 20. Exhibit 3 - 5 photographs showing property X 21. -Exhibit 4 - 3 photographs showing p-olycarts X I hereby certify that the twenty-one items identified herein were submitted to the Department of Planning Services at or prior to the scheduled -Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on July 21 , 1989. -Cu u t Planner STATE OF COLORADO ) COUNTY OF WELD ,•1•,q Oa � bk SUBSCRI$EL)ND SWORN TO -BEFORE ME THIS z1 day of \ 11 °1 . IOTA Ry .. c OF CO � NOT Y YI BLIC �xh,Ql+A 890916 My Commission Expires My Commission Expinsfeb_l-B, 1993 EXHIBIT INVENTORY CONTROL SHEET ,aaCC /7 !! ) Case - .1i @�f��7 L . 42-alt 4A—j . Exhibit Submitted By Exhibit Descripti-on 1-777/ • B. l./.47 LAnt/YL1.24/erai — 4574-7�.GN /76-ndn2ircelY�I.Z%vc) c. dig/W./m.4 — >kne-n144_," slizc/z.i' D. ; _/,,c/2" 4' _ 4(7l'4,„ , ./- �/L"GRCL- - 0 E. -:42-E (Mae 0/5)Z4,ee.f__. `l PLdeLeA- / F. G. - H. I. J.. K. L. M. N. • 0. 890C1.6 bi'rauaC2i • • r ,r,.1ffair ..( -S.,k..,_y�.ryy� n�rx"\`fit -'s � - 2 Po/y_dARt 5 off/46-E yiRo _- � w -,, - e A� • -- EXHIBIT �,'re ..®a1init • • . mss `1 Use- *�_a fit • -PO/yeARt S+o RG E `l41 D "i • _-_ Kai Ali N l/- C4v `• .. _`. - . . . . 890916 'ES /DENfi4L 17P 5-H nceplgcLE Gpol R ydAPt> 4 i • �•. '5:•44 Y h CORNER OF e f-y Lille Rd I Y- 116 FA 1nq Noath_eact II le ;Ittge 111., • •� k couni-y j?4. hI` FAei n9 NoO- h ;ft TYk . 890916 EXHIBIT Loamy RD. Li H 6 iN Ront of SfRoH ,1 ,w #. • omE CAP; la 4ur�re-f- H -_77 0-H. �f# ir it . .�� __D' TRASH INC. `_ r — �� f S]]-]569 $STREET +a..-.-7 _�-N. / II SAVER \o d a ."--,t 7.,..7c-/-Y ••••• y . - .0 ' 6 k1". +S9P- "w A-4 rq 1 D --k-} S.vc. OWNS SMA" tRUCk5 -iND I LARGE 1'Runk w.- Cs t : . I. , •lu*a111.S. Ts `a T r 1n, f ... 1+ i asaa • s". 1: ).*" - 4s. d r p :P .N'j . •:.10- - ' ',,,i,', ' ' yy+ TRuti< PARR inG- ARE/} fA awl C. NoR-tPt -- -•w r: t • � • .. ». °ri 1 i ...- .r .t. . -----I -et E X H I B 1 T w .�, 9 890916 r y 1_44j EMP1ovEEs PARKinC_ AREA i r .;.a t .1 t %J!6' ' 1':tj.! J t Sly ,f k, ti r ± ..�4 t A >� �' f.'t,,i n; i6 9`A' aka .M i~ri „t i f*Pt r s f•v 'VV ''Y r'�Y ,y +N •e,,,,l) ,,"=a a F • .'4y1, !�S , !'+ " F�6 't'T, [ �' � ,0�'„,i ,, vtfu ''7f' S�'I e OA!�'A ah pt v► 'w 1 a f, * 1 If'I �xS r krtg 44 r { 1 r[5 i )Y", i $P t ��1 II • t.r' Pr 'q, Y� + ;' ne y t R P" ) F tie f • +' .. >� If ,yr I �',y' 7, f.iiii' ,.0402! `l of`} 4-,ibk ,ia -`p r/', N ,i f alt. k iil; t' ;" f W t 1 .P ( `r� Ctv�,AI iJ ��,�� / A� /4�� {$Aft tt'L�1 a III ,.,:iii„.}.:, t's ) r r , r ♦' r•tj.',{` � , �i4tyl �y y ft 4 u Nit' �r I i i` • it I +rt' . el u Sty A Tyr ,`F ry{lll ` r V-1 0 I �. 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Y' � qq 1" .'kl y�'y ' " �•1 51r�'viy� Pk ^�, r {. . 4, +rii (t; I it 4 . ,, ' �ySi "v r x 441 e'40,44,iti vii'.`!',#�11ax ,, eri Rt ••,iV''; �A,A,J, ++,94ttr .r.,tt' !r4'°, Tr Ay, , ; pt'' Y '��+yeA y " ('5' ..• �' a4'tyw d �`�,je"5 S +.L F wii dd}"ghR',4{�6'i"t g ' V3, /h' '0'J�;a4� PdCny9pNi4 a�p.,if ly7( l'' �t ii 5 .�; W.+�'ti xei y.. 1 r . ? l�«Sir"¢t',vd 41.71,,i"F'tl'Y i .,M�J 4 Ir 'r1:44444444440.,nK'.tl i[ i'4 rA .tt'wl.ir"e,r i• ' I +P 7k 91668 �— 4 SIIIIIIIIIMIIIMP I 11 I T ( 1 I r I1t_r _ L ff a o �r — fig_ , 1 1 it - l -__ l - = x . ;� , IP , I i e 4 ' , _ {-' / H Trash Inc. is nowleaturing Little Sir t Saver Pic p Truck t The smallest, ligh t, quickest rear trash com cwor truck made. Although it costs us rn to operate (many more trip the (Jump) we -expect no price incre to you. We feel it will save y r streets and be more acceptable in your n borhood. Gross vehicle weight k/W.) on cur street saver truc only 14,000 lbs. All other trucks in this are re 3$,000 to 72,000 lbs. G.V. this makes our truck smaller, saver, quieter d better for everyone. Servi dill rernrin the same. Please I us at 532-3569 for more i rmat9orr. 0 sr' i , ci -4) I ii.Pig , EXHIBIT 0 / s` �' 890916 4---- ill -z'! ,1' M �= July fit_;, 193rd r ,�� 2 � 'g8 Department p Y tur: CU. Pt:+t!:! ...y •�.•.. . _a� .r .n� :t-i5 of F`l rr.i. :q Ser . i rree �� u� © 9:t ..tenth Street Weld Ceunty Greeley, CO 80631 CRE: C;::..e i` umber 1.': F -88. 0 Dear M Ae e i;.yt;ed in our let �: :•Y' to your dated ted :Tune 22, 19E9. the • e Berthoud Fire Protection District is concerned with the following :Loo) 1 . fire department access (9 2. adequate fire protection, i .e . fire hydeant with adequate fire flow Nimm 1t this time,e, l t does appear th.:it there isadequate 0 e= _ r�_. _ access-.`:� foe our ��.d'-;:t et'�"e?.';,l.l'� i'-.'i.�.'G Cam:• find!d enclosed s:t copy of our $C!_C-e requir"e.:ti3'i- t„ , a copy of which h ae been forwarded— to Lm. Ha -l.en Se ultz . It ie the reesoonsibility of the developer to CLassure that the !xi tirx access meets our standards. Regaedine fire protections there is no fire protection in the immediate area of the proposed project . Our existing N policy , as revised , requires a fire hydrant within ci')0 feet r.,-r .A eomme cial {building . The it-:st; ll ;tion of a fire hydrant limmm on the water distribution line (6" ) fronting the property • um.. woet1d meet the i :ite•nt of the policy. LThe ._.ecc.nr-i issue regarding fire pr!.'te:,ticJn is the re;.t.'i.ret:1 fire flow for the building in question end the e'veilable fire flow from the water di.= rihutinn system. To m3::) ra e e the required fire floe, the t.1Zcw i. ti:._ rr?:-. 4 � following information is needed 3 I , eee ef oeeeeeeey 0 e . _ t. .ri ca. '.-s_{st_;rr':r r siet:"car:-, 4. cc!tp.-s n'. :' ft - ._ .,.ew med . f i.e: ... Our !fc.l l.cy L";Lsti 86,/o5-008, F'ire Flow _ ry pro, Ides d e us !:airs•, • :i c tire r f' �� 1 ... flows.::t L based !...!`:7 t;•Yr `z(.�4..1= r•'.=: 'f' :t f'�x t•1;,crs and y•. e ot eor "t :_t':'_t" i. rr She policy alsoi Lh Loom the �s.;....pcsuee charges and the occupancy firm flow mod i ierc NBut , without the sCu-Ye �-t_rotaGes type of cc'n tr1.1f_tIc�!-! end c cupanc'y C.t.atiific3ti.en, the District can not determine the CIOt equined fire -flow. John 81"uner .i Little Thompson Water District , advised our 275 Mountoin Ave., Berthoud,Colorado 80513 890916 j office by telephone that the water- distribution :E :.1-s e. s; z F fronting . the property in -question ic�'r: is aWiz;, i.�sc h 3 ir�cr. He . further advised that the available fire'i-L flow t3 to i r—s • that;-t'twater ".Yt line is 700 gallons to 1 ,000 gallons per minute. The 1 ,000 C? .p .m. calculation is located at Weld County Road 4:= and Weld Count Road 1 . One quarter mile east of that intersection, the calculated available fire flow is 700 tc .,p .m.. The available fire flaw may nc't meet the required flew, bi.li. ''a .the the _ ns ..,.. .:.atior_t of a firs hydrant with available fire c. fJ.i-w of 700 c ,p .m. to 1 "ii 0 r ... ,+_ ._ ll ,try. its: a reasonable attempt to meet tt.:z 1'.'-t't'.e'i-: of the code. 'jt-?.. Prly further d,_vr:,l .-tpmt?nt ma".' require alternative me , :1_lt'es to meet the '..tent' ._f the ._ CAE: , Based upon the aforementioned , the Berthoud Fire Protection District is requiring the installation of an approved .Fire hydrant on the six irch wc'l::.er distribution lie property . fronting the prop�=rt L, . .. y The installation of a firs hvch-anat within 19000 feet of the building will upgrade the Ct 417]"l e'i3 :[so rii:'IIn , from a nine ('7) to five (5) 7 therefore reducing 1ns.;r'ai',l':c2 rit"'e;Tt:. _ltr:r . I'.' you hi :r? any questions, please contact our office. Sincerely, / --/" '' Stephen Charles Captain S 3 Enclosures _.. Hal S h's.t:... i; ,a 890916 1 Date: July 18, 1989 CASE NUMBER: USR-882 NAME: Harlen and Helen Schultz ADDRESS: 139 Weld County Road 46, Berthoud, CO 80513 REQUEST: A Site Specific Development Plan ands Special Review permit for a commercial use (Trash Hauling Business) in the Agricultural zone district LEGAL DESCRIPTION: Part of the W§ SWi of Section 7, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 46, east of Weld County Road 1 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS TEAT 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: - The proposal is consistent with the intent of the Weld County Comprehensive Plan agricultural goals and policies. Prime farmground will not be affected by this request. - The proposal is consistent with the Agricultural zone district and is provided for as a use by -special review. - The uses permitted will be compatible with the existing surrounding land uses which include agricultural production, rural residences, Weld -County Road 4b, and Weld County Road 1. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. Special Review permit development standards will ensure continued compatibility with the surrounding land uses. No objections have been received from surrounding property owners. No overlay districts affect the site. - Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, -other relevant information regarding the request, and responses from referral entities. 890916 1 USA-882 Harlen and Helen Schultz 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 shall be adopted and placed on the Special Review plat prior to recording the plat . The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval by the Board of County Commissioners, the applicant shall submit a letter from the Berthoud Fire Protection District demonstrating that adequate access will be provided to the site. 89091- R. RUSSELL ANSON ATTORNEY AT LAW THE LAW BUILDING 1011 11TH AVENUE P.O. BOX 326 GREELEY, COLORADO 80632 (303) 353-5508 TELECOPIER: (303) 356-1111 June 13 , 1989 Ms. Lanell Curry Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: USR 882 , Harlen and Helen Schultz Dear Lanell: In response to your letter of June 8, 1989 I will be representing Mr. and Mrs . Schultz in their request for a Use by Special Review for a commercial use (trash hauling business ) in A-Agriculture zoned property. Enclosed is a Petition which I would like to submit for the file and your consideration. The Petition includes names and addresses of persons who are neighbors of Mr. and Mrs . Schultz and have no objections to their trash hauling business. Thank you. Very-Yul ours, asell Anson Attorney at Law RRA:yd Enclosure pc: Harlen and Helen Schultz JUN 151989 Weld Ce. eumi 'smog 890916 (- To Whom It May Concern; Harlen & Don Schultz have been neighbors of ours for a number of years . Nine years ago they started a trash pick up service in the area and have parked their empty trucks at the back of their property. In all of this time the Schultz' s have parked their trucks on their property we have never had a reason to complain and see no reason why they can not continue to use their place to park their empty trucks . Name Address e,- L ee € /eg61---ns (Az C. h 5' B (5/4 co S<0`D-7.3 / i a/a s rig ( ,C ti Q in 573 Li tC/ - trt�cX �o2 � . /- pd /6 8¢r¢lolidi°o ?05/3 U /, J Jr- ,,,,/, =,/ / , 77 ,, / /l Lim o o �; r /. /�o� �0 ( 2//7` /��. v(- ry ( .rP ��-w rc'��i aaZ 1\ O Co o i .r. I/ J & . . (2o/D it/1 / sY5l eo,o/C) geoa73 890916 Stroh ' ana S.`ompany Realty and AUCt1Un5, Inc. \\�� RAY D. STROH — Broker and Auctioneer / FULL SERVICE REAL ESTATE DANIEL G. STROH — Broker — CRB — CRS— GRI — Auctioneer Residential,Commercial, Industrial, 247 E. 4th St., Loveland, Colorado 80537 Developments, Appraisals, Progeny Management, Ph. (303) 667-2837 Farms and Ranches, Auctions — Real, Personal & Livestock D0'rti' July 10 , 1989 1::::::E2 �`1� �r7(�� .1 1 ' . o Ms . Lanell J. Curry �� 1989 Department of Planning Service Weld County Centennial Center SVeld Co. Planmpg dammtssiar 915 Tenth Street Greeley, CO 80631 RE: Case No. USR-882 Dear Ms. Curry: This letter is in regard to the request of Harlan and Helen Schultz for the special review of a commercial trash business in an agricultural zone. My family and I own the adjacent farm consisting of approx- imately eighty acres to the east of the proposed site. At the present time, Mr. and Mrs. Schultz already have three residences on the 68-acre parcel and have made application for an additional residence by way of a recorded exemption, which I understand is on hold at this time due to a boundary dispute between our two farms . Therefore, there could poten- tially be four residences and a commercial trash business on this property. My concerns are fairly obvious. First of all, the County Road was not designed for, nor is it being maintained for commercial purposes and the amount of additional traffic necessary for commercial use. As it stands, in the summer time the roads are extremely dusty and always in a rutted condition. They simply are not maintained for this type of employee and commercial traffic. Secondly, in the past, this trash business has always in- cluded the outside storage of trash receptacles as well as other parts , fuel and vehicles . Necessary maintenance is being performed in the loafing sheds and shops of the ex- isting farm. I am also understandably concerned by the effect that all of these existing residences and now the addition of a commercial trash business and an additional residence will have on the property values , as well as the effect on the overall condition of the neighborhood itself. MLS ID \ Ill890916 / REALTOR' YOUR CONFIDENCE IS OUR PRIDE SINCE 1954 c Mr. Lanell J. Curry July 10 , 1989 Page 2 Department of Planning Service In my opinion, the trash service is not, by any means, a con- forming use for property in an agricultural zone , and creates a traffic problem, both from employees and commercial trucks; and the use of outside storage certainly does not enhance the neighborhood, and may very well be detrimental as far as safety is concerned. I believe that special review and/or rezoning is not appropriate at all in this matter. In both Weld and Larimer counties there is an abundance of commercially zoned property available for purchase and/or lease that would readily accommodate this business, and would not impose all of the ramifications surrounding a commercial trash business on an agriculturally zoned area. Your cooperation in this situation is very much appreciated. Sincerely, I/ ` ///A�ire It( iYlel G. Stroh DGS/kah cc: Mr. Sam Oldenburg Attorney at Law 893916 LAND-USE APPLICATION SUMMARY SHEET Date: July 11 , 1989 CASE NUMBER: USR-882 NAME: Harlen and Helen Schultz ADDRESS: 139 Weld County Road 46, Berthoud, CO 80513 REQUEST: A Site Specific Development Plan and a Special Review permit for a commercial use (Trash Hauling Business) in the Agricultural zone district LEGAL DESCRIPTION: Part of the W} Slit of Section 7, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 46, east of Weld County Road 1 SIZE OF PARCEL: Approximately 3 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 staff has received specific recommendations from the Weld County Engineering Department and the Berthoud Fire Protection District. Copies of these responses are included in this summary packet. No objections have been received by the Department of Planning Services' staff from surrounding property owners. 890916 p i , �. . __05 3*-H .2\:•. . . 33 a . .I—5 el: -: \:-/-Tra; :=11 - -C,- 60:o / ` '.. 62.• W i e 60. . . . Ir - ! ®'. ..• '•. C a I ... . 58 rosrrusn Gj a • \, 'O' `• Q 15n.n IT . Till • • 3 I5• •56. . . . T5N.e : • 5546 4. . . . E� s a o . i!o. • i\a - • 1 a• _ 27 x.tl eta, - ,..,__ _•1 3 5 of 9 • N _ • �, • „ — � ::i ... 50 nx.vsw. O � f E� Iaa •• _ • •�! •. tat • Fii � •- - - - _. - - - • .i�` First wCorr •� ' - ' •IY -'I• � • •• r`sr,•a.a • P . .. • - �'� .IrM ' �- - iti R a;p.i 48 F• `� :f�l� '!'_•._ • - • a.ns. c • ❑•° �. � ' -pia• !' •: r•s • • .3�,2.--« • • ...+en� _5 Vii._ Z I l ry'r L la] a ; cc >.. ✓!flea Feu . RV ' °L!' u.••x • l" ?r... Is �.• ��. 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VJ f reef_ I LA / s000 \\ ` V. _ • '�o '.SSE li------- --/ �/ — �- A / Y--41T9rn Nfl V �I if.r. 4974 '11TiR f ,y 1�5 y is AC, FT �, '� � �; � it J 9 t.. 56 a I mil;'Irh mlPwrn 4 �I "T /i \ y grange ; \.____.i. • �� // 5000 / / / 24 19 �� 96G / fi @ a1'T �rc�„4;j '140t.4.44.1r5 "�^- ' $ n ax .„:,'"""•4,0,,, s i s4_ •mo i,, .mss r . � ,s+ ....., - d it �;, t "fit yd •trt 441! Ht §a' ref ,; xi vI s At^# �1 I' � s �}} t A. i • E J I I th „'� A„ 4 M A t °a f` Y lir~ TMs, ..--.1', Yx=. • t V d . t I: . y c ; ▪ 5 x �I • • 4 i lig ▪ 4,,,\ ^ I da,F - ' .s III :;. .,4 4tip1 - - .a „ , ' ' ` - I ' r h x 'z r +. w 1 v r ri ,r.. a P ,wr.�. . .x.,,._.,,... ___ _.. ��, f ,{ • , _x• ^ .it 899916 .r - -' 4, ' -' r�j FIELD CHECK FILING NUMBER: USR-882 DATE OF INSPECTION: July 7, 1989 NAME: Harlen and Helen Schultz REQUEST: -A Site Specific Development P1-an and a Special -Review permit form Commercial Use (Txash -Hauling Business) in the -Agricultural zone district. LEGAL DESCRIPTION: Part of the Wi -WI of Section 7, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 46, Last of Weld County Road One. LAND USE: N Agricultural production, -one residence E One residence, agricultural production S Weld County Road 46, agricultural production W Weld County -Road Cne, agricultural production. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the site is from Weld County Road 46, a gravel road. -The Use by Special Review plat accurately represents the structures and uses on the site. The small house on the site is used as an office. There will actually be 7 trucks on the property and be five employees besides the four family members. The applicants now have 4 smaller trucks and 2 larger backup trucks. By: Lanell J. Curry Current Planner 890916 i REFERRAL LIST NAME: Harlen and Helen Schultz CASE NUMBER: USR-882 REFERRALS SENT: June 8, 1989 REFERRALS TO BE RECEIVED BY: June 22, 1989 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton Extension Service Dacono _Emergency Management Office Eaton Sheriff' s Office Erie X Engineering _Evans _Housing Authority Firestone Airport Authority _Fort Lupton Building Inspection Frederick _Garden City STATE _Gilcrest Division of Water Resources _Greeley Geological Survey Grover _Department of Health Hudson Highway Department Johnstown Historical Society Keenesburg Water Conservation Board Kersey Oil and Gas Conservation Commission La Salle Lochbuie FIRE DISTRICTS - Longmont Ault F-1 Mead ,/ X Berthoud F-2 Milliken Brighton F-3 New Raymer Dacono F-19 _- Nunn Eaton F-4 Platteville Fort Lupton F-5 _Severance Galeton F-6 Windsor _Hudson F-7 Johnstown F-S COUNTIES La Salle F-9 Adams Longmont F-10 _Boulder Milliken F-11 ,/ X Larimer Nunn F-12 Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 US Army Corp of Engineers Poudre Valley F-15 _USDA-APHIS Veterinary Service Raymer Federal Aviation Administration Southeast Weld F-16 Federal Communication Commission Windsor/Severance F-17 Wiggins F-18 Western -Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER X Fort Collins Central Colo. Water Conservancy Dist. _Greeley Panhandle Eastern Pipe Line Co. Longmont X Little Thompson Water District _West Adams COMMISSION/BOARD MEMBER X Ivan Gosnell 890916 ::►LV:59/ rAteR June 22, 1999 iii`i:7.w A <.�. Department of Planning Services Weld County '.3:..M 91`, Tenth Street Greeley, CD 9063i RE: Case Number L!SR-982 • wx:w • Dear Ms. Curry. The Berthoud Fire Protection District has completed its review of the plans and proposal submitted . The Berthoud Fire Protection District find•, no conflict with the proposal of a refuse pick-up service, commercial use, doing business in an agricultural zone. Concerns of the Berthoud Fire Protection District are as •• follows: •mc:mmrt� 1 . Fire department access to the commercial business.. 2. Adequate fire protection, i .e. fire tyydr::a'nt which meet the required fire flow. Compliance to applicable provisions of the Uniform Fire Code, 1905 Edition, will be required . ,If you have any questions, please contact our office. •>:• ++ Sincerely, '' Stephen Charles • Captain • o ra T i7 JUN 26 1989 Co. Pinabit mossuw • 275 Mountain Ave., Berrhoud,Cc-!orado 805.13 8909166 ? r • l 46'.(t m rn R Lanell Curry, Planning June 15, 1989 To Date Donald Carroll, Administrative Manager COLORADO From Schultz, USR-882 Subject: On June 14, 1989, I made a brief inspection of the existing (trash hauling business) in an agricultural zone. Roads that intersect from the west and south are County Line Road and Larimer County Road 10. These roads are asphalt and are maintained by Larimer County. The existing facility is located on Weld County Road 46. This is a gravel road. The trash hauling business is located approximately 200 yards from the asphalt roads. The inspection showed very little rutting and washboarding from the access to the intersection of County Line Road 1 and Larimer County Road 10. We find no conflict with the business at this time. However, if the business should expand with additional trucks and people, a Road Improvements and Maintenance Agreement would be needed. DC/mw:prs xc: Commissioner Lacy Planning Referral File - Schultz, USR-882 yi ( AFFI JUN 151989 Weld Co. Ruining t'wnmissinn 890916 r il ree , DEPAR ENT OF PLANNING SERVICES � l - \ PHONE(303)356-4000 EXT.4400 'ft t - 915 10th STREET GREELEY,COLORADO 80631 I. : 0 1. C'C3 c r�� E NUMBER USR-882 COLORADO �;�� y `i 0I1 T�'! '_,;7 r /1 i June 8, 1989 �� /� • ��4 I mg i 1 TO WHOM IT MAY CONCERN: , r, , .. .. , ,sor:a;lun Enclosed is an application from Harlen and Helen Schultz for a Site Specific Development Plan and a Special Review permit for a commercial use (trash hauling business) in the Agricultural zone. The parcel of land is described as part of the W} SWI of Section 7, T4N, R68WW of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 46, east of Weld County Road One. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by June 22, 1989, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. _ We have reviewed this request and find that it does/does not) comply with our' Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: - Agency: Date: • 890916 7 DEPAR" ENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 �-I 915 10th STREET GREELEY,COLORADO 80631 S •Ste: N` CASE NUMBER USR-882 COLORADO 1'39 "2 a Ca,ect AG June 8, 1989 \ _ SNCA \Z - V41c\r: crww\ -- trkl v TO WHOM IT MAY CONCERN: Enclosed is an application from Harlon and Helen Schultz for a Site Specific Development Plan and a Special Review permit for a commercial use (trash hauling business) in the Agricultural zone. The parcel of land is described as part of the W} SW: of Section 7, T4N, R68W of the 6th P.N. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 46, east of Weld County Road One. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by June 22, 1989, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. We do not have a Comprehensive Plan, but we feel this request _• a LS-7 (is/is not) compatible with the interests of our i town for the following reasons: M a'o • �B. '( We have reviewed the request and find no conflicts with Rur interests. "*4 -,S n \ \NTNAPe )4- A formal recommendation is under consideration and will be submitted to you prior to: 5. Please_ refer to the enclosed letter. ( \ +� Signed: \ \�ww� Agency: ` a \ rz`• N _ . Date: ("=-\\z1� 890916 7 NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday,July 18, 1989 at 1:3 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant t •Colorado Iaw. APPLICANT: Hulett and Helen - - - LEGAL DESCRIPTION: Part of the W45 SW1/4 of Section 7, T4N '- - -" -'- — . R68W of the 6th P.M., Weld Coun Colorado. OF PROPOSED USE INTENSITY Haulingg', Business in the Agricultural sone district - - LOCATION: North of Weld County Road 46, east of Weld County _ - Road One SIZE:3 acres,more or less .. ,.-. The public hearing will be held in the Weld County Commissioners Hearing Room, First Floors, Weld _ .! County Centennial Colorado. Comments or objections related to the above request should be i::. ... submitted in wntmg to the Weld County Department of Planing Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631 before the above date or presented - - at the public hearing on July 18, Copies of the application an available for public inspection in the Department of Planning Services,, Room 342, Weld County Centennial Center 915 TenthStreet, Greeley, Colorado 88631 -i Phone-356-IpW,Extension 4400. Bud Halldorson Chairman Weld County Planning Commission . To be published in the New News To bepublished one (1) time by ... ... Jul 6 1989 Published in The New News June 15,1969. -... ! / . (� uuN 2 1989 1, i wale Cb. Ph.; 890916 C . c CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in the case #USR-882 for Harlan and Helen Schultz in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 15th day of June, 1989. TO: SURROUNDING PROPERTY OWNERS CR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, July 18, 1989, at 1 :30 p.m. Jr. the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request of: CASE NUMBER: USR-882 APPLICANT: Harlan and Helen Schultz REQUEST: A Site Specific Development Plan anc a Special Review permit for a commercial use (Trash Hauling Business) in the A (Agricultural) zone district. LEGAL: Part of the W$ SW of Section 7, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: North of Veld County Road 46 and east of Weld County Road 1. For more information call Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 7Cth Street - Room 342 Greeley, CO 50631 Phone 356-4000, Ext. 4400 890916 SURROUNDING PROPERTY OWNERS SURROUNDING MINERAL OWNER HARLAN AND HELEN SCHULTZ USR-882 William E. Hein P.O. Box 335 Loveland, CO 80537 Edith Louise Carlson Shea, et al 910 Olive Street Denver, CO 80220 Daniel G. Stroh Route 1, Box 182 Berthoud, CO 80513 Harlen & Helen Schultz Donald J. & Brenda F. Schultz 22440 Weld County Road 1 Berthoud, CO 80513 Carolyn S. Jones 7345 West Maple Drive Lakewood, CO 80336 Union Pacific Land Resources Corp. A Utah Corporation P.O. Box 2500 Broomfield, CO 80020 890916 DEPAR" 'NT OF PLANNING SERVICES :II PHONE(303)356.4000-EXT.4400 ttri 315 10th STREET GREELEY,COLORADO 80631 1 :4L: COLORADO June 8, 1989 Harlen and Helen Schultz 139 Weld County Road 46 Berthoud, CC 80513 Subject: USR-882 - Request for a Site Specific Development Plan and a Special Review permit for a commercial use (Trash Hauling Business) in the Agricultural zone on a -parcel of land described as part of the W2 SW} of Section 7, T4N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Schultz: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on Tuesday, July 18, 1989, at 1 :30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to July 5, 1989, you or a representative should call me to obtain a sign to be posted on the site no later than July 7, 1989. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of an applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. 890916 Harlen and Helen Schultz June 8, 1989 Page 2 If you have any questions concerning this matter, please feel free to call me. Respectfully, Lanell J. Curry Current Planner LJC:rjg pc Russ Anson Attorney at Law 1011 11th Avenue Greeley, CO 80631 890916 R. RUSSELL ANSON -ATTORNEY AT LAW THE LAW BUILDING 1011 11TH AVENUE P.O. BOX 326 GREELEY, COLORADO 80632 (303) 353-5508 TELEC0PIER: (303) 356-1111 June 13, 1989 Ms . Lanell Curry Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: USR 882, Harlen and Helen Schultz Dear Lanell: In response to your letter of June 8, 1989 I will be representing Mr. and Mrs . Schultz in their request for a Use by Special Review for a commercial use (trash hauling business ) in A-Agriculture zoned property. Enclosed is a Petition which I would like to submit for the file and your consideration. The Petition includes names and addresses of persons who are neighbors of Mr. and Mrs . Schultz and have no objections to their trash hauling business . Thank you. Veryytul ours, ssell Anson Attorney at Law RRA:yd Enclosure pc: Harlen and Helen Schultz JUN 151989 Weld Co. plan Caoneissiob 890916 (" To Whom It May Concern; Harlen & Don Schultz have been neighbors of ours for a number of years . Nine years ago they started a trash pick up service in the area and have parked their empty trucks at the back of their property. In all of this time the Schultz ' s have parked their trucks on their property we have never had a reason to complain and see no reason why they can not continue to use their place to park their empty trucks . Name Address re ¢ 47 c r /� o?/as nV. gi L Qo 575 LL„(---- kA /a� ati c� 202..1 e. Pd to �rz oudi�O 805/.3 .Th 7 � ,c\ Sc� L„,\:\ S.3� L,..) .c,R. 'l b fit,\�� .? (, , gP210 tri O if-O (,)r P (,/ A iSa.4...„ C., iro, ng (C.R <th i cD N. Ui0916 • USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: Part of the LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA W1/2 SW1/4 Section 7 T 4 N, R 68 W LEGAL DESCRIPTION oT contiguous property owned upon which Special Review Permit is proposed:Wl/2 Sw1/4 Section 7 T 4 N, R 68 W Property Address (if available) 139 Weld County Road 46, Berthoud, CO 80513 PRESENT ZONE A, Agricultural OVERLAY ZONES None TOTAL ACREAGE approximately 80 acres PROPOSED LAND USE Commercial Use in Agricultural`:Zone - Trash Hauling Business EXISTING LAND USE Commercial Use in Agricultural Zone - Trash Hauling Business SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Harlen Schultz and Helen Schultz Address: 139 WCR 46 City Berthoud, CO Zip 80513 Home Telephone # 532-3569 Business Telephone # 532-3569 Name: Address: City Zip Home Telephone # Business Telephone # 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: Harlen and Helen Schultz Address: 139 WCR 46 City Berthoud, CO Zip 80513 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 ) ?��',,(!(y�yi ,,'.a'c4 j Si gnat Owner Authorized Agent Subscribed and sworn to before me this 6'r1 day of 19a�f . N AROCL1 My commission expires � / 414 / 890915 2 . DETAILED DESCRIPTION OF THE PROPOSED OPERATIONS PROPOSED USE: The proposed use is a waste removal business to be managed by the family members who reside on the premises. The business provides waste removal services for primarily residential customers . The business has approximately 3400 customers and serves the towns of Mead, Berthoud and the suburban area of Loveland . The business has a small office located on the premises in an existing structure which is used solely for storage of the business records and receiving telephone calls and is managed by the daughter of the owner. There will be four trash compactor trucks of gross vehicle weight of 14 , 000 pounds (the standard trash hauling truck weighs between 36 , 000 and 72,000 pounds GVW) . There will also be one truck of the standard weight ( 36 ,000 GVW) which will generally be used only once a week for special jobs or if one of the smaller trucks is unavailable. There will be four additional employees who will be drivers of the trucks that are used in the business . Normal operating hours are between 8 : 00 a.m. and 4 : 00 p.m. on weekdays only. The drivers simply come to the site to pickup the trucks and then drive them off the premises for trash hauling and return between 2 : 00 p.m. and 4 : 00 p.m. the same afternoon. 90% of the trash is hauled to Larimer County Landfill and 10% to the landfill in Milliken. At some point in the future applicant will increase the size of the existing garage to accommodate enclosed parking for the trash compactor trucks . NEED FOR USE: This business provides trash hauling services to approximately 3400 customers , nearly all of which are residential customers in the areas of Mead, Berthoud and Loveland. TYPES OF EXISTING USES ON SURROUNDING PROPERTIES : The surrounding properties as well as this property consist of farms with crops such as hay, corn, sugar beets and beans . NEARBY RESIDENTIAL STRUCTURES : The distance of the proposed use to residential structures toward the East is approximately 300 yards, to the Southwest is approximately 300 yards , and to the North approximately 700 yards. MAXIMUM NUMBER OF USERS , PATRONS, MEMBERS AND BUYERS : Customers are not normally on the premises except on a rare occasion to pay a bill . 99091.3 EMPLOYEES, SHIFTS AND HOURS OF OPERATION: The owner' s daughter manages the office located on the premises . The owner' s son does odd jobs as needed and there are four permanent employees who are not relatives and are drivers of the four trucks . The business operates only during the weekdays between the hours of 8 : 00 a.m. and 4 : 00 p.m. The only activity on the premises during that time is when the drivers pick up the trucks at 8 :00 a.m. and return them between 2 : 00 p.m. and 4 : 00 p.m. There is no weekend activity. WATER SOURCE: The only water source needed for the property is for the residential use of the property supplied by Little Thompson Water. Any cleaning of the trucks is done solely in the City of Loveland at an approved wash facility (the Mayo business is presently being used) . ACCESS ROUTES : The route used by the drivers of the trucks in the morning is to leave the premises on to Weld County Road 46 for approximately 220 yards to Larimer County Road 10 , then proceeding along Larimer County Road 10 for approximately 1 mile to U.S . Highway 287 , thence in North or South direction to serve customers in Mead, Berthoud and Loveland . VEHICULAR TRAFFIC: There will be four (4 ) small sized trucks of 14 ,500 pounds GVW and one ( 1 ) medium sized truck of 36 , 000 pounds GVW. The larger truck will only be used for special pickups for large amounts of trash or if another one of the smaller trucks breaks down. It is expected that this larger truck would only be used approximately once per week. The trucks leave the property once in the morning at 8 : 00 a.m. and return once in the afternoon between 2 : 00 p.m. and 4 : 00 p.m. SEWAGE FACILITIES : The only sewage facilities needed for the premises are for residential use and those facilities consist of a septic system. FIRE PROTECTION MEASURES: Fire protection to the property is presently served by the Berthoud Fire Department and it is not expected that any special measures should be taken for this property because of the proposed use. 2 890916 ANIMALS : This category is not applicable to this use. There are no animals on the property. WASTE STOCKPILES OR STORAGE AREAS: There are no waste stockpiles or storage areas for this proposed use other than the fact that the trucks used in the business will be stored when not in use on the West side of the property which is naturally screened on the west and north by trees and shrubs and on the east by the residential buildings of the property. STORM WATER RETENTION FACILITIES : This category would be non-applicable to the use proposed . REMOVAL OF WASTE: The only type of waste that is ever brought back to the property is one or two yards that may be stored in a truck overnight that has been picked up on the end of a route. It is never stored over the weekend and is simply left in the truck for one evening and would not include any animal waste or restaurant waste but simply waste that may come from a residential property. LANDSCAPING PLANS AND EROSION CONTROL MEASURES : Landscaping will be used to screen the property on the West and North sides where the trucks are stored . No erosion control measures would be associated with the proposed use. RECLAMATION PROCEDURES : Not applicable. TIMETABLE: The property is presently being used as outlined above. The property owner was unaware that he needed to apply for a Use By Special Review because of the fact that the only business being conducted was the storage of the trucks on the premises and a small office within the residential building for a telephone and record keeping. The business had originally started out with simply one truck that was used to haul trash to local dumps for residential customers in the local area and gradually expanded over the past few years . 3 890916 3 . STATEMENT REGARDING THE WELD COUNTY COMPREHENSIVE PLAN AND SUPPORTING INFORMATION FOR THE REQUIREMENTS UNDER THE ZONING ORDINANCE: A. The proposed use is consistent with the Weld County Comprehensive Plan for the following reasons : ( 1 ) The particular site does not remove "prime" agriculture land from farming. ( 2 ) The proposed use would not require new infra- structure, utilities and other services . The road traffic to and from the site would not impose any significant adverse impacts on roads or highways . ( 3 ) No natural resources are being used or impeded at the site by the use or operation. The use of the site would in no manner retard or prevent future mining of mineral resources . (4 ) Air noise and surface pollution would be very minimal and would consist of only a slight amount of dust that may be generated as four trucks leave the premises at 8 : 00 a.m. in the morning and return in the afternoon between 2 : 00 p.m. and 4 : 00 p.m. ( 5 ) No conversion of agricultural land to any other use would be done to accommodate this use. ( 6 ) There would be no adverse impact on the County ' s tax base. ( 7 ) Public facilities and services such as sewer, water, roads , schools and fire and police protection would not have to be increased or adversely impacted because of the proposed use. ( 8 ) The proposed use would have no adverse impact on soil, ground water, and water aquifer conservation practices and protection. B. The proposed use is consistent with the intent of the District in which the use is located. (1 ) The use is located in agriculturally zoned land . The proposed use would not take away any agricultural land nor have an adverse impact on such agricultural property. It would still maintain and promote agriculture as an essential feature in this area. Home business is allowed as a Use by Special Review under Section 31 .4 . 15 of the Weld County Zoning Ordinance on an agricultural zoned property. 4 890316 C. The location of the proposed use on this parcel will not adversely affect productive agricultural land nor remove any agricultural land from production. D. There is adequate protection of the health, safety and welfare of the inhabitants in the neighborhood and of the County. The only visible use of the property for the proposed use will be the parking of the trucks on the property. There will be appropriate screening of the parking area on the east by the residential buildings, and on the west and north by shrubs and trees . E. The proposed use will be compatible with the existing surrounding land uses . The proposed use on the property will be very minimal and will consist of only parking of the trucks and the area proposed for parking will be appropriately screened . Also, there will be a small office with simply a telephone and business records and will be conducted entirely within the residential premises . None of the employees for the business will be working on the property. They will simply drive the trucks from the property at 8 :00 a.m. in the morning and return them between 2 : 00 p.m. and 4 : 00 p.m. in the afternoon. The only other employees are family members . F. The proposed use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the Comprehensive Plan of the County or the adopted Master Plans of the affected municipalities . None of the adopted Master Plans that effect municipalities include this area. The proposed use will have a very minimal impact on the surrounding area and therefore will not in any manner affect the prime use of this area for agricultural uses . It is simply a home business , mainly operated by the residents and their family. G. The proposed use is not located in a flood plain, geologic hazard, or the Weld County Airport Overlay District. H. A water supply is presently available for the property from the Little Thompson District and there is no special water supply that is needed for the proposed use. The trucks that are used in the business are washed at an appropriate business for that purpose in the City of Loveland . I . A copy of the deed identifying the ownership interest on the property is attached . J. No noise report is submitted . Use of the property does not produce abnormal or excessive noises . K. Attached is a soil report and map showing 42-Nunn clay loam, 1 to 3 percent slopes . 5 890913 L. A certified list of names , addresses , parcel identification of the surface within 500 feet of the property is submitted and attached to this Application. M. A certified list of the names and addresses of mineral owners on or under this particular parcel of land is also submitted and attached . 6 890916 S , 1 up3xt .. . ti.} 004 4 AU le i lr U4 vw V..1.3.1/4” . y\-: .tu,rl f , Rdwedd t i' , t l__ _. M __ ._ ____. ° 1p 722 Rve.ptles N. .1647 )•. IJll lw,tr.. _ ..., 't ,y t S s rly l.. l ■I0ChltOxx'I STAMP ..-r. t'},ls' 4.id•. t r TINS DEED, Made Uhe 28th day of August .L-.'r+", , t -• I fc f:y t. :I In74,between (a Un�p lMa"' a _ J. O. PHY LPOTT and knell., k, pill LpDri'1', lr.Jt+ ht ':l.40 • Tq fl I husband and wife. , - -AU.: p 1 ,'w�' ( Slalr GUC4(n mo }pµ I L , • la, p}I r I rY •--y tYap AUcio Iv7d yx A.•.}.1 '4 j{ ..l of W `..+,sal)of Weld and State.s . ..._.•--- . i'K uF . -itY- 0. • eM,4N y Colorado,of the fires part,and T/�j' L`e y e lei �,,. ' tf>.�l •+F� s.... HARLEN SCHULTZ and ItE:.EN SCHULTZ �. It le P a � r . ++ see `3 e p ✓N /<,o c r:.• s ykn tit did County of and Stab of Colorads,ofis wood pan, 'f , ,#4 ll t y, I K 1 W ITNESSETII,Net the said pan y of the,rat Part,fur and b onnr4NnUoa of the aunt of p s°'j". .(y� j1� A y...La. t'"_�:. 't --- " ONE HUNDRED EIGHTY THOUSAND AND NO/Y00 DOLLARS, t * ,' $e']r �P•jt�i' �a m c' - *yr - ‘....A.tat, rf r fie. Is the said part y of the fint part In hand paid by the said parties of the second pert,the r..&pt whereat is '.. 6 1 y I,{1 L._ d 11 "11 O hereby maenad and scknowladted,ha a irentad,bana nad,and and conveyed,and by theme presents does ee. ,� •to hey •r:?,--, grant,bargain.veil,convey and confine onto the said partin of the second part,their kin and.saiens forever,not ,n e. In tenancy b cosmon but in mint tenancy,all the following described lot at parent of lard,situate,lying and r-�"(', < l' county of We Id and Store of Colorado,to wilt J m 4 • A 7r n e F !' {11 -‘..;:it y ';',.. try + •-. }S�4 J lei The West one—half (W'y) of the Southwest one—quarter (SWS) M ! i 5 fir. ,.;- 4� of Section 7, township 4 North,. Range 68 West of the 6th (.'N„dt %)....4-,I • • It. 'i P.M., together with four (4) shares of Home Supply Water ‘4.' 9 .c-1,"';'-'-' •. 1 4n'f %`"✓ Stock, three (3) shares of money Ditch Stock, Pour (4) � 11vt ) tltit%t c +, •ty vet:. shares of McIntyre Lateral Ditch Company stock, and r, ( ¢ 9ff'' ., -) o J -' sixty (60) acre feet of Grand Lake Water. .e .f t L . ,, 1 S .o:., .•S , Tom,: " h 9:c9.1i,1 TOGETHER with all and singular Ns Mnd,ta.wnts and appurtenant.* Darnels belonging,or In ennuis. !' r; N >s•'t appertaining.Ow rennin, and reversions, remainder and remainders,note,Issues and profits thereof i and all the ,. r.. 3 •r l estate, right.utM. Intern', claim and demand whatsoever of lie said part Y of its Pint Pent.alther In law or Nulty,of,In and to the above bargained pnaiw,with the hereditament.and appurtenance. 4.i'.••`''.1. es TO HAVE AND TO HOLD the said premiss above bargained and described,with the appartenaa ig es,sate the said `]t' 1 i's. , parties of the nand part,tblr Sin end melee forever.And the said part y of the first part,for him— .114,rp .,1..:2;:'-A oaf )lit Min,neoton.and dminielratoredo e e covenant.gnat.Snide and agree to and with the r, . 144 • er I 11•1 yfl,M� said settles of the amend pan-their hairs and aaira.that at the sane of the notating sad delivery of them Ater r•ry✓, ...•,., k-.vs. ,y, 1 ate he is well monad of lie onetime above conveyed' as at good. Ron, pollen. assists sad ledefseslble I t" f k,. Ave _. 6 tI estate of Iaborite:we,la tow,is fa simple,and has good right.fail power and lamfsl sauarity t,gnat,her- • it.. ..,U ( 1 gain.all sad nays!U.mane la meaner and font eforessW,and tint the sue an fres and dear free all fanner l y-(Pi Tr + t}f1'J r r' and o uwis ether greats.bargains,sale.,liens,vn,samn and encumbrances of whatever kind or asters stover, - . sat r S .:1 i except taxes not payable,agreements,restrictions and reservations of ��'�!, ajl.1 record.and existing eascments,if any-ALSO SUBJECT to Deed of Trust. ' I ' 'A -5•;c7:1 • kt •t2 .I recorded in Book 643.Roception 156S045,Weld County records.which 1st' h '�: T .- hd - party agrees to pay purwu,nt to d the the no terms thereof; '}. mr p. ,... a abe bargained pervades la the gent sad p.aseable pa n.ba of Wes aid carte et the•402.4 part.their II.}'A1'..01,5" 4.]i,' d i`. .% anion heirs sad magma,anion all and panda every pan er ponces lawfully claiming or to claim the whole or Y •tt)part Owner, 1 yt .1'd the said partY el the Mt pen shall and will WARRANT AND FOREVER DEFEND. ,''•u T.n£�. SF IN WITNESS WHEREOF eta said party of the tint part has Mantras*this head sad r•1' 7 Il t,µ1 L• 1 • ' f veai the day sad year tint shove written. i I S - + stead.Sealed and Delivered b to Newsreel ,(. Vs( Jhc.Lyf/2 L/.. —[SEAL) 4Y err — t'♦ - '- ,f .]7/ O. Phl 1pott./liusband — "M;,' ,J 7a4c.ca, 1pof LZ Zr taut) ( . AS• r_, 1 ,.,. �' Minds M. Philpette elf [1 4.*7•` t ,' tale ?. i� Y 7 ... (SEAL) r r STATE OFCOLORADO. I ny't,. 4 1' t444;ay Destrot Latimer t` 0114)1 ,p. ;pi, 1< �� The feregjYN.�tnmel was.,ksnisdsed talon me this 28th dyad August ti (gi t Y • r �'a 1174,y'i` /a Shilpott and MINDA M. PIfILPOTT, husband and wife. > ''� �,( Q a ryy/� t..aj(' •••: • _ 1'3r M7 f. lfutete r4Nty ty fir Fe .1s7S Witmer my had W.rectal meek +' o- pA ` a. en + 'Cif \,0 sL �(,1(((J"Grh',-7 D`ma— Iv'' r % ` H e - , Rye 'p.H" t'.. lie Ha 121. WAaa&MFr amen sr y..aar-5,a err o.maw area awn wank sewer-an t i"S alt S vet 1 pwsa eve a mama w ones.,Y a.e....MY S nosneatlw _�r�a sa�y ardor .r a. Ywl:::...—:.-4:---i a lr. -1rM a did ossdip a L,Y M M- 1 e y��r rs y eruw .a,r.. o—..ya.t .lave erR.de e r a-5ea.,wn _ i} e._t.ewW iss i e.td.as sr as D it F^ tff ,tR'h 1 's _ It EYap,fr r R�,. ' P tr'e'a1.'a? Ce •,,;•,),t ,p5i") +uTTv'rt i'.-ii ) h 4 y"', r ,. ) y 4 ,1. fin.......".4.4,4 fir t trr`ts?t Ph' }math t -,1G11 �)f p tvt� l tL�+-.a re'r S it 1,44' .`ym y 1+ , • ,.t.'f to••i +n frrtl s ,,.• • _, ! a s S l Ili tf•f'sT:;} .. w t fu•k.n '1"' - mink kL:4,4-4rl b4,•yyt , r_ . r )f 7m ,�-d,";.Y,m AFFIDAVIT BF INTER-EST OWNERS SURF-ACE ESTATE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County -Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the epplieation. 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. • The foregoing instrument was subscribed and sworn to before me this 5th day June , 19 89' 1Y Kathryn A. Walking WITNESS my hand and official seal . My Commission expires : ,6. <1�. ,j Notary Public 890916 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STAT£ AND ZIT CODE IDENTIFICATION # P. 0. Box 335 William E. Hein Loveland, CO 80537 L06107000001 910 -011ve St Edith Louise Carlson Shea. etal Denver, CO £0220 106107000002 Rt 1, Box 182 Daniel G. Stroh _Berthoud, CO S0513 106107000003 139 WCR 46 Harlan & Helen St-11%111'z Berthoud, CO 80513 106107000057 Harlan & Helen Schultz 22440 WCR 1 Donald J. h Brenda T. Schultz Berthoud, 00 80513 106107-000058 7345 West Maple Hr. Carolyn S. Jones Lakewood, CO 80336 106118000005 890916 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, -being first duly sworn, states _that to the -best of his or her knowl-edge the -attached list i-s a true and accur-ate list of the names and -addresses of all mineral _owners -and leases of _mineral owner-s -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 ar abstract company or an attorney. 1 isC € ,Pt ;Go, The foregoing instrument was subscribed and sworn to before me this -5th day of June , 1989 WITNESS my -hand and official seal. My Commission expires: 1 Notary Public 880^36 Union Pacific Land Resources Corporation, a Utah Corporation P. 0. Box 2500 Broomfield, CO 80020 890913 WEL' )UNTY, COLORADO, SOUTHERN PART 29 ave good survival are Rocky Mountain juniper, eastern The potential native vegetation is dominated by edcedar, ponderosa pine, Siberian elm, Russian-olive, and western wheatgrass and blue grama. Buffalograss is also ackberry. The shrubs best suited are skunkbush sumac, present. Potential production ranges from 1,000 pounds lac, Siberianpeashrub, and American plum. per acre in favorable years to 600 pounds in unfavorable Wildlife is an important secondary use of this soil. The years. As range condition deteriorates, a blue grama-buf- ropland areas provide favorable habitat for ring-necked falograss sod forms. Undesirable weeds and annuals in- heasant and mourning dove. Many nongame species can vade the site as range condition becomes poorer. e attracted by establishing areas for nesting and escape Management of vegetation of this soil should be based over.Yor pheasants, undisturbed nesting cover is essen- on taking half and leaving half of the total annual-produc- ial and should be included in plans for habitat develop- tion.Range pitting can help in reducing runoff. Seeding is lent, especially in-areas of intensive agriculture. desirable if the range is in poor condition. Western This soil has fair to poor potential for urban develop- wheatgrass, blue grama, sideoats grama, buffalograss, pu- lent. It-has moderate to high shrink swell, low-strength, bescent wheatgrass, and crested wheatgrass-are suitable nd moderately slow permeability. These features create for seeding. The grass selected should meet the seasonal roblems in dwelling and road construction. Those-areas requirements of livestock. It can be seeded into -a clean, hat have loam or sandy loam in the lower part of the firm sorghum stubble, or it can be _drilled into a firm ubstratum are suitable for septic tank absorption fields prepared seedbed. Seeding early in spring has proven nd foundations. Some areas of this soil are adjacent to most successful. treamsand are subject to occasional flooding. The poten- Windbreaks and environmental plantings are generally ial is fair for suchsecreational development as camp and well suited to this soil. Cultivation to _control competing ionic areas andplaygrounds. Capability class I irrigated. vegetation -should the continued for as many year$ as 42—Nunn_clay loam, 1 to 3-percent slopes. This is a possible following planting. Trees that are best suited and eep, well drained soil on terraces and smooth plains at have good survival are Rocky Mountain juniper, eastern levations-of 4;550 to 5,150 feet. It formed in mixed allu- redcedar,ponderosa pine,-Siberian-elm, Russian-olive, and ium and eolian_deposits. Included in mapping are small, hackberry. The shrubs best suited are-skunkbush sumac, mg and narrow areas of sand and gravel -deposits and lilac, Siberian peashrub, and American plum. mall areas of soils that are subject to_occasional flooding. Wildlife is an important secondary use of this soil.The ;ome leveled areas are also included. cropland areas provide favorable habitat for ring-necked Typically-the surface layer of this Nunn soil is grayish pheasant and mourning dove. Many nongame species can rown clay loam aobut-9 inches thick. The-subsoil is light he-attracted by establishing areas for nesting and escape rownish gray_clay loam about 14 inches thick. The upper cover. -'or-pheasants, undisturbed nesting cover is-essen- art of the substratum is light brownish gray clay loam. tial and-should be included in plans for habitat develop- 'he lower part to a depth _of 60 inches is brown sandy ment, especially in-areas of intensive agriculture. Range- )am. land wildlife,for-example, the-pronghorn antelope, can be Permeability is moderately slow. Available water attracted by 'developing livestock watering facilities, apacity is high. The effective rooting depth is 60 inches managing livestock grazing, and reseeding where needed. ✓ more. Surface runoff is medium, and the erosion This soil has fair to poor potential for urban develop- azard is low. ment. It has moderate to high-shrink swell, low strength, In irrigated areas this soil is suited to all crops com- and moderately slow permeability.These features create ionly grown in the area, including corn, sugar beets, problems in 'dwelling and road construction.Those areas eans, alfalfa, small grain, potatoes, and onions. An exam- that have loam or sandy loam in the lower part of the de of a suitable cropping system is 3 to 4 years of alfalfa substratum are suitable for septic tank absorption fields ollowed by corn, corn for silage,-sugar beets, small grain, and foundations. Some areas of this soil are adjacent to ✓ beans. Generally such characteristics as the high clay streams and are subject to occasional flooding. The poten- ontent or the rapidly permeable substratum slightly tial is fairfor such recreational development as camp and estrict some crops. picnic areas and playgrounds. Capability subclass IIe ir- All methods of irrigation are suitable, but furrow ir- rigated, IIIc nonirrigated; Clayey Plains range site. igation is the most -common. Proper irrigation water -43—Nunn loamy sand, 0 to 1 percent slopes.This is a lanagement is essential. -Barnyard manure and commer- deep, well drained soil on terraces at elevations of 4,700 ial fertilizer are needed for top yields. to 4,900 feet. It formed in alluvium along Box Elder In nonirrigated areas most of the -acreage is in small Creek. Included in mapping are small areas of soils that rain and it is summer fallowed in alternate years. have a loamy subsoil and small-areas of-soils that are sub- Vjnter wheat is the principal crop.The predicted average ject to raze flooding. ield is 33 bushels per acre. If the crop is winter-killed, Typically the surface layer of this Nunn soil is brown pring wheat can be seeded. Generally precipitation is too loamy sand overburden about 9 inches thick.The subsoil )wfor-beneficial use of fertilizer. is dark to very dark grayish brown clay loam about 21 Stubble mulch farming, striperopping, and minimum til- inches thick. The substratum to a depth of 60 inches is igeare needed to control soil blowing and water erosion. loamy very fine sand, loamy sand, or sand. 89091, 42 �- r'. C .]. x , a': � s "n, rs. TWIN ;\, a g '5,,,g.,-,. .,: i t" net--; i , „ ' k 16 I.. s .., 6 +> ;' I h' . 4, MOUNDS b 64 • ' -q,,,,,,4, '- a?"' 82 h'.. {' 17 r � 1-.11•j' 81 4 W 16 M�' .. ,.K y r ' .y,.i 1 CE '.n 15 J 42 _ ...efin- n tR ., /R `4.., ri` �- I ..✓ 'I 'a` -'. .al'I .a 'le4.. HARcv s' apsr^D]�G ,,,,,nk.,X, s C7 ar A Pr .,.'.a` L .. water .. 16 4g.k ^ �1` FX ��s .,:r.-"::--'2 I6 amr% • }i"y GREAT I WESTERN t...".r 427.0„,ev� r 7' 9rt d ,gym >.s } F a. 9 '� 'R .,.,.�, sr ,-_ .a .9Ye `+ y]]F;: nil ', k. ' 79 1 +` .. r a. 78 y 1'711 2 <r v, -•%.,442 79 ',�' '-it�- "s HUMME 4 . s . ' 71, ,. - -\x + ,> - RESERV !" + 83 42 42 — J , . y 824. ''r I 18 .a:4,,, 79 NEWELL v 17 . - a2 • y., A 1� .. • 4." fi'�Fi„• LAKE ".1', _ .c ,+k-, `a•y'} s s'{ ,','¢ X. �? � a•R'r "t r'R b j t3 • y, 14 79 .k., " ,42. ` 82 .... r 3> 15 z y2 ...F .I r y 17.1 5 . y•�' ,anti (o 56 T . .. • :.* ` 53 --5.9. -- 1 79 46 H. - 4 . 4 t —_,,a te?. i ,Siiir51 ii1I2 15 4 79 - ' _ -9'4i# 8 Y y A r{t Pa .cj.�:4I 51rita T 19 • 20 22` 1 -• i ..:.. 51 79 +"ly„�s h i3 .. KI' s nYn' RIv.�' ,may f- 53 <'.�R`+ . }^`a'" ate.+-. 17 .rf .,..ft,82 I/1..3/4\414W <' W 8 ' \ 20i 42_ 61 _�i_.- 8/1/89 NOTICE SENT FIRST -CLASS TO; BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. 0. BOX 758 GREELEY, COLORADO -80632 Daniel G. Stroh 0255 Weld County Road 46 Berthoud, CO 80513 x,2091 9T60S e M 03 = D sn6 zC z�. aw . dC-0 x Hw w �a - cn_0 -+ w cn H H • • • • rn A so U j.1 gyp {1CO M'ite u . }, Hello