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Home My WebLink About870490.tiff RESOLUTION RE: APPROVE USE BY SPECIAL REVIEW FOR A SINGLE FAMILY RESIDENCE ON A PARCEL OF LAND UNDER THE MINIMUM LOT SIZE REQUIRED BY WELD COUNTY - THOMAS McCAULEY 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 17th day of June, 1987 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Thomas McCauley, 2190 West Drake, #251 , Fort Collins, Colorado 80526 , for a Use by Special Review for a single family residence on a parcel of land under the minimum lot size required by Weld County on the following described real estate, to-wit: S# SWq, Section 18 , Township 8 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Jerry McRae, Engineer, and James Martell , Attorney, and WHEREAS, Section 24 .4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4. 2 of the Weld County Zoning Ordinance as follows: g( / l�sc ; . 870490 Page 2 RE: USR - McCAULEY a. The proposal is consistent with the Weld County Comprehensive Plan in that it permits low density residential development on nonprime agricultural land as recognized by the soil conservation district. The soils report states that the soils capability subclass designation is VIe, which indicates severe limitations that make it unsuitable for cultivation. b. The proposed use is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The use permitted will be compatible with the existing surrounding land uses and with future development of surrounding areas as permitted by the Agricultural Zone District . d. The area is not affected by overlay districts. e. The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. f. The Use by Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a single family residence on a parcel of land under the minimum lot size required by Weld County on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached development standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of Weld County Clerk and Recorder. 870490 Page 3 RE: USR - McCAULEY 3 . The following note shall be placed on the Use by Special Review plat prior to recording: "Weld County Road 13 within this area has very low traffic demands and does not receive regular maintenance. During periods of heavy snows this type of road would not be opened for several days. Also, during periods of wet weather the roads may not be passable with standard passenger vehicles. " 4. Prior to the issuance of a building permit, a soil conservation plan approved by the West Greeley Soil Conservation District shall be submitted to the Department of Planning Services. 5. Prior to recording, covenants shall be submitted for review and approval of the County Attorney' s Office and recording which will require compliance with the soil conservation plan, will run to the benefit of the County and neighboring properties, and include the right to recover the cost of any treatment of the soil. Further, these covenants shall limit the landowner' s ability to withdraw from the West Greeley Soil Conservation District. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of June, A.D. , 1987. '� � ��,` -0,BOARD OF COUNTY COMMISSIONERS ATTEST:119- �"" - WELD COUN , LORADO 0 Weld County Clerk and Recorder and Clerk to the Board G r . ac , rman • D-7 2�c e� C. . Kirby, Pro- em D puty County erk avte 6 Brantner AS TO FORM ene R.: C / _ l 7—) �:cque ne soh ion ill� _ ese County Attorney EXCUSED Yrank Yamaguchi 870490 DEVELOPMENT STANDARDS Thomas McCauley USR-780: 87 : 4 1 . The Use by Special Review permit is for a single family dwelling on a parcel of land under the minimum lot size of Weld County as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . The soil conservation plan approved by the West Greeley Soil Conservation District shall be maintained and complied with on the property. 3. Prior to issuance of a building permit, an on-site investigation by a certified professional engineer, licensed by the State of Colorado, will be conducted to determine special soil limitations at the building site. 4. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 6 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 7 . Personnel from the Weld County Health Department, Soil Conservation -Service, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 8 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards end all applicable Weld County Regulations. Any material deviation from the plans or Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 870490 Page 2 DEVELOPMENT STANDARDS - McCAULEY 9. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. -870490 HEARING CERTIFICATION DOCKET NO. 87-28 RE: USE BY BPECIAL REVIEW FOR A SINGLE FAMILY RESIDENCE ON A PARCEL OF LAND UNDER THE MINIMUM LOT SIZE REQUIRED BY WELD COUNTY - -THOMAS McCAULEY (Si SW}, 67-H-18) A public hearing -was conducted on June 17, 1987, at 2:00 P.M., with the following present: Commissioner Gordon E. lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner - Arrived late Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi - Excused Also present: Acting _Clerk to the Board, Mary -Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Brian Bingle The following business was transacted: I hereby certify that pursuant to a-notice elated May 27, 1987, and 4uly published June 4, 1987, In the Johnstown Breeze, a public hearing vas conducted to consider the request of Thomas McCauley for a Use by Special Review for a single family residence one parcel of land under the minimum lot size required by Weld County, to be located in the Si SWi of Section 18, Township 8 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Zee Morrison, Assistant -County Attorney, made this matter of record. Brian Bingle, 4lanning Department representative, read the recommendation of the Planning Commission 'for denial of this request into the record. Chairman Lacy stated that when only four Commissioners are present, if the hearing results in a tie vote, the absent Commissioner will listen to the tape and review the record prior to casting the deciding vote. (Let the record reflect that Commissioner Brantner is now present.) Jerry McRae, -Engineer, came forward to represent the applicant. He stated that Mr. McCauley las 160 acres, currently in dryland wheat which gives marginal production, _and he wishes to divide this land into two lots. Mr. McRae noted that the Planning staff recommended approval of this request, and other areas of this same section have recently been divided into similar parcels. (Tape Change #87-44) James A. Martell, Attorney, also came forward to represent the applicant. He reviewed some of the discussion held et the Planning Commission hearing and stated that the applicant would be willing to record covenants on the plat of this property. No public testimony was offered concerning this request. Commissioner Johnson moved to approve the request for a Use by _Special Review, subject to the Planning staff's recommendation, with the addition of Condition #4 and the amendment of Development Standard #2 as initially -proposed by the Planning Commission, and the addition of Condition #5 regarding covenants es read into the record by Mr. Morrison. The motion was seconded by Commissioner Kirby, who then raised a question concerning Condition #3. It was the consensus of the Board not to change Condition #3. The motion to approve the Use by Special -Review carried unanimously. /' page 2 CERTIFICATION - McCAULEY This Certification was approved on the 22nd day of June, 1987. ��}} APPROVED: filci `( t BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY �RADO Weld County Clerk and Recorder and Clerk to the Board Cord . a Y. F a an Dep ty County Cler C.W. rby, Pro-Te Gene R. Brantner 4uelkii4 tRCUSED Frank Yamaguchi TAPE #87-43 & #87-44 DOCKET #87-28 110185 870486 N O S I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a-public tearing will be held in the Chambers of the -Board of County Commissioners -of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may to heard. Shoul-d the applicant or any interested party desire the presence of a court reporter to make a record -of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of _certified -court -reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of -such action at least five days prior to the hearing. The cost of engaging a court reporter shall be torn by the -requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 87-2H Thomas McCauley 2190 West Drake, #251 Fort Collins, Colorado 80526 DATE: June 17, 1987 TIME: 2:00 P.M. REQUEST: Use by Special Review - Single family residence _on -a parcel of land under the minimum lot size required by Weld County LEGAL DESCRIPTION: Si SWi of Section 18, Township 8 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 13, north of Weld County Road 92; approximately nine miles west end one mile north of Pierce. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -BY: MARY ANN f'EUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: May 27, 1987 PUBLISHED: June 4, 1987, in the Johnstown Breeze C Xlfiair G 870490 AFFIDAVITOF P_UBLICATION • THE JOHNSTOWN BREEZE ST-ATE Oh COLORADO 1 SS COUNTY Oh WELD 1 ',Clyde Briggs, do solenullysweat• that I publisher of The Johnstown Breeze: • N O-r ICE A the same is a weekly newspaper nted, in whole or inpaTt, and published the County of Weld,-State -of Colorado, Pursuant to the roving laws of -the State of Colorado end the Weld County J has a general circulation therein; that Zoning Ordinance, a public haarilIg will be held in the Chambers of the-Board id newspaper has been published of County Commissioners of Weld County, Colorado., Weld County Centennial Itjnuously and uninterruptedly in said Center, 915 10th Street, First Floor, Greeley, Colorado, at the time utnuountypf Wcld for a period more than specified. All persons ins any manner interested in -the Wee by Special !.y-two consecutive a weeks of More to the Review are requested to attend and may be heard. stpublieatilm of the annexed legal notice Should the applicant -or any interested party desire the -presence of a court advertisement; thaLsaid newspaper has reporter to make a record of the proceedings, in addition to the taped en admitted to the United States mails as record which -will be kept during the hearing, -the Clerk to the Board's tOnd-class matter under the provisions o -Office can be contacted for a list of certified court reporters in the area. f a Act of March .I, 11179, or any If -a court -reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. -Cndllll•Ills thereof, and that said. The _cost of engaging a court reporter shall be borne by the -requesting wspape[' l5 a weekly newspaper _duly ,party. / aliliied for publishing legal notices and Ivertisements within the meaning of the. BE IT ALSO. KNOWN that the text and maps so certified by the Weld County ws Of the State of Colorado. Planning Commission may be examined in the office of the Clerk to the-Bdard • of County Commissioners, located in the Weld County Centennial Center, 915 ;let the annexed legal notice or advertise- 10th Street. ThirdFloor, Greeley, Colorado. ent was published in the re ular and -tire issue of every number of said weekly ' -APPLICANT DOCKET NO. 87-28 Thomas McCauley Lwvspaper for the period of ../.. consecu- z190 west make, #251 ve insertions; and that the first Fort Collins, Colorado 80526 ublication of said not it'i�'ivaS in the issue ut • aid newspaper dated Jl-/ 't Al). i2•' lid that the last publication of said notice -DATE: June 17, 1987 vas in the issue of Said newspaper dated . , A.D. 10 TIME: 2:00 P.M. In witness whereof I have herwlnlosc t REQUEST: Use by Special Review - Single family -residence on a parcel of ny hand this ...2 . day_of _nt,47e:: land under the minimum lot size required by ileld County 4,D, 1y..5]. LEGAL DESCRIPTION: Si SWi bf Section 18, Township 8 North, Runge 67'cleat of /^• -the 6th P.M., Weld County. Colorado - //-y Publisher LOCATION: East of Weld County Road 13, north of Weld County Road. 92; approximately nine miles west and one mile north of Pierce. - BOARD OF COUNTY COMMISSIONERS Subscribed and sworn to before me. -a weln;couNTY, COLORADO Notary .Public in and for the County -of. BY: MARY ANN FEUERSTEIN Weld,State of ColoradoL this .,2.. day-of Ti COUNTY CLERK AND RECORDERt We- , A.D. tot."/.. AND CLERK TO-THE BOARD /�// !-. BY: Mary Raiff, Deputy 4 ....... ." ` ..... Notary Public. DATED: May 27, 1987 PUBLISHED: June 4, 1-987, in-the Johnstown Breeze ,,,,,,,..... • My commission expires ./....r,:,,sr,.. • 870490 The Goloradoan STATE OF COLORADO COUNTY OF LARIMER )ss. AFFIDAVIT OF PUBLICATION Robin K. Hause , being first duly-sworn upon oath, deposes and-says: That said is the of The Colra-doan; that said haspersonal knowledge of all facts set-forth in this affidavit;_that The Coloradoan is apublic daily newspaper of general circulation, having its-principal office and-place of business situated in said County of Larimer;-that-said Coloradoan is printed andpublished dali ; that said Coloradoan is a daily-newspaper, duly quaiifiedsc;• the purpose pet forth within the meaning of Chapter 109, Article 1, Sections 11 to 1-8 inclusive of Colorado Revised Statutes 1963, and any-amendment thereof passed prior to the date hereof; that said newspaper had, prior to January 1,1936,and has ever since said date been admitted to the United-States_Mails as second class-matterunder the provisions of the Act of March 3, 1879, and any amendment thereof, that said-newspaper is printed in whole in said County of Larimer and has a general circulation-therein; that-said newspaper has been so printed and publishedas a public daily newspaper 9f general circulation in said County of_Lar- imer, uninterruptedly-and continuously, during the-period of more thanllfty-twotonsecu- Live weeks next-prior to the first issue thereof containing the annexed legal notice of advertisement: that said annexed legal notice -or advertisement was published in the regular and-entire editions of said newspaper for __L.__ successive weeks on Tuesday first publication_of said legal noticer advertisement was in thes regular andent; that the re edition of said newspaper on the 2nd day of June t the last publication_of said legal notice_or advertisement was in the regular and entire aedition of said-newspaper on the 2� day of June copies of each number_of said paper in which said notice or advertisement dvertise e t was published and that were_delivered by carriers or transmitted by mail to each of the sub:_cribersnf said paper, according to the accustomed mode of business in this office. V98 Subscribed and sworn to before me, atand within the County of Larimer, Staten;Colorado this 2� day of _ June s� ---- , A.D. 187 _.. My commission expires Mary Reiff Deputy County Clerk Notary Public 915 10th St. Greeley, Color-ado 80631 Delivered to _87 04-913 D NOTICE BY:LMARY ANN PEUERSTEIN St to Of • M the iomngl the Weldthe COUNTY CLERK AND RECOR- State M Colorado and the Weld County Zoning ordinance,a pub- Pic AND Dc.hearing will^be held In the A�mere Reiff, YO THE BOARD Chambers of the Board of County RY:awry Reiff,beputy Commissioners of Wald County, DATED:May 27,1987 Colorado, Weld.County Centen- The Col9radoan V98 Mal Center,915 10th Street,First June 2,1987 :Floor, Greeley, Colorado at the marine inter.Aldpersoes is any - -- mannerinteeesigoIn the Use b Special Review are requested to attend and maybe heard. Should the applicant or any inter- tested party Mitre the presence of =a court reporter to make a a record of the proceedings,in addition to the taped record which will be kept during the hearing, the clerk to the Board's Office can be lis t for. a list of Certified court reporters-in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing.The cost of engaging e court reporter shall be borne by the requesting Party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commis- sion may be examined in the off- ice ice of the Clerk to the-Board of County Commissioners, located in Weld County Centennial Cen- ter,915 10th Street, Third Floor, Greeley,Colorado. -Docket NO.8728 -APPLICANT Thomas McCauley 2190 West Drake,8251 Fort Collins,Colorado 80526 DATE:June 17,1987 TIME: I .M. REQUE2:ST: Use by Special Review—Single family residence on a parcel of land under the min- imum lot size required by Weld County LEGAL DESCRIPTION: YASWIA of Section 18, Township North,Range 67 West of the 6th P.M.,Weld County,Colorado LOCATION:East of Weld County Road 13, north of Weld County • Road 92; approximately nine I miles west and one mile north of 'Pierce. BOARD OF COUNTY COMMIS- SIONERS 870490 DATE: May 27 , 1987 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections , we have tentatively set the following hearings for the 17th day of June , 1987 , at 2: 00 P.M. Docket No. 87-28 - USR, Single family residence on parcel of land under minimum lot size - Thomas McCauley Docket No. 87-29 - USR, Single family residence on parcel of land under minimum lot size - Thomas McCauley OFFICE OF THE CLER TO THE BOARD BY: Cl/Lj Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD CO QTY� 870490 OLOR DO lx/fit/ 7 j ADDITIONAL COMMENTS USR-780, 781, 782, 783, and 784 April 7, 1387 an the consideration of Use by Ppecial Review permits of this nature, in this quantity, and in this particular vicinity it is difficult to have an -overall perspective of their occurrences. For this reason, the Planning staff has supplemented the application materials already submitted with a brief history o₹ the Use by Special Review permits issued in this area for single family dwelling units on a -parcel of land under the minimum lot size requirement. Planning Staff Planning Commission - Commissioners USR I Recommendation Recommendation Decision Date of Action 758 Approval Approval Approved 11/5/86 757 Approval Approval Approved 11/5/86 761 Approval Approval Approved 11/5/86 772 Approval Approval Approved 2/18/87 773 Approval -Approval Approved 2/18/87 7-80 Approval 781 Approval 782 Approval 783 Approval 784 Approval /049O ) I, " .� v �J � f 1 1. lip • �' I I - �1 i; I \ . l• - "� {t. i . - $l: � i _ ten. I \ i { " .� Lj ; �7 (K r1 784,1 �� i-,) II "1._J)�, ' '\''' i ,. '\ .. o L \ \` .USR �� ''),?),Y1 V ` / - ��V A c, \ 1; 1� '> 1' ` \\ .1 �`� ' { 1 1 " \ .'R--_,..) l ~` .. .N._. \Hi , I``t �; �, , % S�_ii o'7 (S r7// l y J� \lj � F1 \ r).„).,\\;:),L) N. ,., � o � ""\moo � ( r rl� , .• �\ (� ?`,\ �, �\� , \ • ��Ji \,_ �� r�. 1-L.,..J O�J I(� I ' USR S i l\� IL, ��Z\ \ �� - USR SR' 1 �—� C c__\`‘ \---- i � - ;� "� \vVAAA\\ ' T� ?�� _ 772 `773 A � , - r_J� ` " tp --1t " �t - 1`� USR 764_‘ .'--2\4 k\ i )/I \‘('..s., I. R'—' - s'so � �� 1��- � � ',lA -+ l� USR 78'0 A ..-.�� '� � ( � �-"I• \\-_.7_, , "-'k �--*--"-WCR '�.J r, r c. r,r s ,HWY14 5MILES r l .,IC .(. l yp 1 y C cl " 1 Ic� t \ �..,, • •st+�J .ice r� \, -n let h �. 4 -am �. .\ TN � K-�a 1� •_ V `\ 0.: � 1''''? I sG \ • r ' J i i //y l0190 xau0y OFFICE OF BOARD OF COUNTY COMMISSIONERS ' � ! PHONE(303)356-4000. EXT. 4250 ¢.. P.O. BOX 758 ps ��',r GREGLE'r, OOi-OaADO 806325 L ek,' `, t 4 ck,4,*,4, COLORADO � �` w F May 13, 1987 �ir );If�') i!FI I �' MAY 181987 Thomas McCauley �' 1290 West -Drake, #251 Fort Collins, Colorado 80526 o c°L-o• Dear Mr. McCauley: Your application _for a Use by Special Review for a single family residence on a parcel of land ender the minimum let SIZE of Weld Lounty has been recommended unfavorably to the TBoard of County Commissioners by the Planning Commission. The legal description of the property involved is chown as S� SWi , of Scoti-on 18, Township 8 North, Range 67 West of the 6th P.M. , Weld County, Colorado. A: you _wish to be heard by the Board of County Commissioners , it will he .:ec3ssnry for you to indicate your request by signing the bottom of this lettct and -returning it to _this office. Regular -hearing procedures will :hen be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must -receive your reply by May 29, 1987. If we arc not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD OUN COLORADO H v lAN it I wish to have a hearing on this matter brought before the -Board of County Commissioners. I agree to -pay for the legal advertising-- expense. /Anyera fig/`2Cz A�/i 870490 c.ry/8i1 r ,..,. ,... . , ..p... „ .„ . • „,_ OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT. 4200 I P.O. BOX 758 N GREELEY,COLORADO 80632 • 1z a COLORADO May 13, 1987 Thomas McCauley 1290 West Drake, !x`251 Fort Collins, Colorado 80526 Tear Mr. McCauley: Your application for a Use by Special Review for a single family residence on a parcel of land under the minimum lot size of Weld County has bean recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as S{ SWk, of Section 18, Township 8 North, Range 67 West of the 6th P.M. , Weld County, Colorado. if you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will than be followed. This includes publishing a Notice of Hearing in the legal newspaper, az: expense to he paid by you. In order to proceed as quickly as possible, we must receive your reply by May 29, 1987. If we are not in receipt -of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD'OUNT COLORADO w fAh I -wish to have a hearing on this matter brought before the -Board of County Commissioners. Z agree to -pay for the legal advertising expense. UI-U490 4',:' t' ; I .a r ¢ N I a CO `- r, o r� in ocrq co • O O o s > w v u w (:N c: d O m LL C.) H a ati CO I-7 , I o cm x 7 H CV W .i __I' ,�a jS'f+ CA6t aunp 0184; % s i g a 2. ;4 k9 k.. '�4k , i1; � �! 1 it a c, t r '-: Y r k �' a 1 s ytcl : f r O ' ' ltrt,,H. '''''.: 1:.1. ?- W OU s V W 4r " r U Ca !I ,c . two ntW � H .8 ' . 4 .. 0oN a- 870490 Summary of the Weld County Planning Commission Meeting May 5, 1987 Page 2 The Chairman asked if there was anyone in the audience for whom continuance would pose a hardship. Denise Hamernick, surrounding property owner, reported both she and her husband work in Fort Collins. They moved here because they did not want anything industrial or commercial in the area. The Elworthy's work in the building until late at night and disturb the neighborhood. The Chairman stated the Planning Commission does not want to hear any testimony at this time. The question is: should this case be continued. Jim Seifken, surrounding property owner, stated he did not want to see this case continued because Mr. Elworthy should have had ample time to prepare for this request. Andi McCoy, surrounding property owner, reported she had taken off work to come to this hearing. She asked that the request not be continued. MOTION: Lynn Brown moved Case Number USR-789:87: 14 for Shawn Elworthy for a Use by Special Review permit for a commercial welding shop in the Agricultural zone district be heard today because of the imposition it would cause the surrounding property owners to continue the case to May 19. That testimony not be heard from the surrounding property owners and then the request be continued because of the difficulty in maintaining continuity that this presents, and that this request be moved back to its original position on the agenda. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - Yes; Louis Rademacher - No; LeAnn Reid - Yes; Lynn Brown - Yes; Lydia Dunbar - Yes; Ann Garrison - Yes; Jack Holman - Yes. Motion carried with six voting for the motion and one voting against the motion. CASE NUMBER: USR-780:87:4 APPLICANT: Thomas McCauley (Continued from April 7, 1987) -REQUEST: Use by Special Review permit for a single family dwelling unit on a parcel of land under the minimum lot size. LEGAL DESCRIPTION: Part of the N} SW} of Section 18, T8N, R67W of the 6th P.M. , Weld County, Colorado. lOCATION: 9 miles west and 1 mile north of Pierce. Summary of the Weld County Planning Commission Meeting May 5, 1987 Page 3 APPEARANCE: — Gerry McRae, P.E., McRae and Short, Inc. , represented the applicants. He asked that testimony apply to both of this case and the following case. Information on these two cases was presented on April 7, 1987. The Planning Commission continued these cases to allow more information from the Soil Conservation Service to be obtained. The Chairman asked if there was anyone in the audience who represented the Soil Conservation District. Milton Baumgartner, Chairman, West Greeley Soil Conservation, the Soil Conservation Authority for this area. They do not have any detailed information on land divisions . This would take a case by case review. Most -housing areas do follow their recommendations. There is not an erosion problem in this area because most of the land has not been broken out of native grasses. He suggested covenants or standards which contain the Soil Conservation Services' recommendations be filed with the deed. The Soil Conservation Service is a referral agency; not an enforcement agency. Tom Varra, owns property in the area and is on the Soil Conservation Board. This area is going to have a lot of pressure for development. It lays along a ridge with a beautiful view and is close to Fort Collins. Development in Larimer County and the Budweiser plant, which is about one mile away, have • already changed this area considerably. Lee Morrison explained when the Board of _County Commissioners cannot be enforcement officers. Sape 279 — Side 1 Unbroken land requires a plowing permit. Jerry McRae reported this 160 acre site is presently farmed in dryland wheat. He asked that Development Standard #2 be rewritten to protect this land when the farming operation is discontinued. AMENDMENT: Lynn -Brown moved a new Condition A be added to read as follows: A. Prior to the issuance of a building permit, a soil conservation plan approved by the West Greeley Soil Conservation District shall be submitted to the Department of Planning Services. Motion seconded by Lydia Dunbar. 870490 Summary of the Weld County Planning Commission Meeting May 5, 1987 Page 4 The Chairman -called for discussion from the :members of the _Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. AMENDMENT: Lynn Brown moved Development Standard Number 2 be amended to read as follows: 2. The Soil Conservation Plan approved by the West Greeley Soil Conservation District shall be maintained and complied with on the property. Motion seconded by Lydia Dunbar. The Chairman called for discussion from the members of the Planning Commission. tiscussion followed. The Chairman asked the members of the Planning Commission for their ilecision. Motion carried unanimously. Milton Baumgartner stated he felt a soil conservation plan should be required continuous to subsequent owners because in this area twenty acres of land is required for a cow and a calf. AMENDMENT: Paulette Weaver moved Development Standard Number 2 be amended to include the following: 2. The Soil Conservation Plan,approved by the West Greeley Soil Conservation District shall be maintained and complied with on the property, and the property shall remain -within the boundaries of the West Greeley Soil Conservation District or its successors. Motion seconded by Lynn -Brown The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Tlanning Commission for their decision. Motion carried unanimously. The Chairman _called for discussion from the members of the audience. B70490 - Summary of the Weld County Planning Commission Meeting May 5, 1987 Page 5 Clyde Abbott, Chairman, Platte Valley Soil Conservation Service, asked if these rules were going to be just for this development or will they be County wide? He asked the Planning Commission to realize they are dealing with nine separate soil conservation districts -within the County and he feels there should be something County wide. Now is the time to work out a plan, County wide, that all districts could participate in. Chad Noland, surrounding property owner, reported he owns property within one—half mile of this request. He also has three cases coming before the Planning Commission today. They are not talking about a large development . He is concerned that the land should not be disturbed as this is marginal agricultural land, and rules should be set and enforced to preserve it. The Chairman asked the applicant if he had reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. He stated they have and have no objections to these as amended. MOTION: - Ann Garrison moved Case Number USR-780:87:4 for Thomas McCauley for a Use by Special Review permit for a single family dwelling unit on a parcel of land under the minimum lot size be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based on the -fact that the County cannot, with the current resources it has available, enforce any regulations we setdown to protect the environment. Also, she would like to tie her recommendation to the new Comprehensive Jlan, page 26, 114 within the Agricultural Policies and also nn page 41, conditions 4, 5, and 7. Condition #5 says that new residential development shall demonstrate compatibility with existing surrounding land-use in terms of general use, building heights, scale, density, traffic, dust, and noise. Condition #7 says that there should be -conservation of natural site features -such as topography, vegetation, and water courses should be considered in project design. She does not believe that at this time we are able to fulfill conditions either 4, 5, or 7 given this residential development . Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - Yes, she agrees with everything Ann stated. Unfortunately we don't have the staff to -design or enforce plans. If people would act responsibly we would not have to worry, but unfortunately we have too many cases where they don't. At this time more breakup of these lands is not in 870490 Summary of the Weld County Planning Commission Meeting May 5, 1987 Page 6 the best interests of the County or the people in the area. Louis Rademacher — No, because they say Greeley should be up there and -prime agricultural land would then still be intact, but they don't want to -develop up there when this land -is not _suitable for farming and doesn't bring in revenue for the Lounty. -He feels this development would bring -in some revenue for the -County. LeAnn Reid - Yes; -Lynn Brown - No; Lydia Dunbar - No, because we -do have to have some people for our land too. Ann Garrison - Yes; Jack Holman - Yes, because once we begin a project like this there is no stopping it. Therefore it is better to stop it here than to allow it to continue. -He realizes that we -have have approved a couple of land -splits such as this in this area, but he is afraid that if we don't stop it now it will be a continuous thing for all of the property in this area, and dividing the property is probably not the best thing to do with the property in this particular area. Motion carried with four voting for the motion and three voting against the motion. Tape 279 - Side 2 CASE NUMBER: USR-781:87:5 APPLICANT: Thomas McCauley (Continued from April 7, 1987) REQUEST: Use by Special Review permit for a single family dwelling unit on a parcel of land under the minimum lot size. LEGAL DESCRIPTION: Part of the Si SW} of Section 18, T8N, 7167W of the 6th P.M. , Weld County, Colorado. • LOCATION: 9 miles west and 1 mile north of Pierce. APPEARANCE: Jerry McRae, P.IE. , McRae and Short, Inc. , represented the applicant. He asked that comments _from -the previous testimony be entered into the record and applicable to this request. Lea Morrison explained that even though the comments from the previous case are applied to this request, the _Planning Commission should amend the conditions and development standards to correspond to the previous amendments. AMENDMENT: Paulette Weaver moved Condition Ito be added to read as -follows: 4. Prior to the issuance of a building permit, a soil conservation plan approved by the West Greeley Soil Conservation District shall be submitted to the -Department of Planning Services. Motion seconded by Ann Garrison. 8'7049O BEFORE SHE WELD -COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF -RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the Weld _County Planning Commission. Be it 1e the Weld County Planning Commission that the application for: M,1�,� � Cfm#'1i#P'Cq$ if ��.� � stir—�7 Q �,'��- r, ' i -�.�� CASE NUMBER: USR-7-S0:87:4 �� j NAME: Thomas McCauley flyj MAY 1987 ADDRESS: 90 West Drake, #251, Fort Collins, CO 0526 GRELLEY. CoLO. REQUEST: Ilse by Special Review permit for a single family residence on a parcel of land under the minimum lot size of Weld County. LEGAL DESCRIPTION: Si slid of Section 18, T8N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 13, north of Weld County Road 92. Approximately 9 miles west and one mile -north of Pierce. be recommended unfavorably to the Board of County Commissioners for the following reasons: The County cannot, -with the current resources it has available, enforce any regulations sae set down so protect the environment. Also this request does not comply -with the Comprehensive Plan, page 26, #4 and the Agri-cultural Policies on page Al, conditions 4, 5, and 7. Condition #5 says that -new residential development shall _demonstrate compatibility -with -existing surrounding land-use in terms of general use, building heights, scale, density, traffic, dust, and noise. Condition 117 says that there should be conservation of natural site features such as topography, and vegetation. Also, that water courses should be considered in project design. At this time we are unable to fulfill conditions 4, 5, and 7 in this residential development. Motion seconded by Paulette Weaver. VOTE: For Passage Against Passage Paulette Weaver Louis Rademacher LeAnn Reid Lynn Brown Ann Garrison Lydia Dunbar Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of _County Commissioners for further _proceedings. , -� 87O49O g, USR-780:87:4 Thomas McCauley Page 2 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 May 5, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 6th day of May, 1987. Q\ooc Bobbie Good Secretary 8'7C430 I`TENTCRY OF ITFYS SUBMITTED FOR -CONSIDERATION Case Number Ll.Sf{ reo :87 e, Submitted or Prepared Prior to Hearing At Hearing 1. Application /6 Pages / 2. / Application plat(s) / page(s) 3. DPS Referral Suamary Sheet ✓ 4. DPS Recommendation 5. DPS Surrounding Propery Os+ner `:ailing List ✓ 6. DPS Mineral Owners Mailing List 7. 3 DPS Maps Prepared by Planning Technician ✓ 8. DPS Notice of Hearing ./ '/ 9. DPS Case Summary Sheet 10. DPS Field Check 11. APD.t1ouAL (.eaa,.w8I-Jrs 2 pads V 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the 11 items identified herein were submitted to the Department of Planning Services at or prier to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on .t-L4v 6 19S7 . • Brent a er STATE -OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE YE THIS % DAY OF \wci 19 %1 , SEAL � es.C\ NOT RY PUBLIC ,exeifBlf ,t y; '4Y COMMISSION EXPIRES C� 70490 EXHIBIT�yINVENTORY CONTROL SHEET Case *�3 t' aes. t` 7_7f Exhibit Submitted By Exhibit Description /A' " 4 i If V'/74 4 V - ' ah°.c. s ? 6172, 179 B• -7V11;7)S-V-7 „774-410.4‘97ti #/ je.0-4[--te>t-1 02669,1"nesta7t C. �� a79✓rrueruvr= -22�,rr,.n.417/77wo42 D. PS/ Of� ,anoScZ2 54, E. /lr 6 titeree F. (3ice % ‘ /C .06' 24", ./QiC�� .a#7l„-•ett, /7 C. e4 fie i� . ¢��, f H. I. J. K. L. M. N. 0. iC490 Date: April 7, 1987 CASE NUMBER: USR-780:87:4 NAME: Thomas McCauley ADDRESS: 1290 West Drake, #251, Fort Collins, CO 80526 REQUEST: Use by Special Review permit for a single family residence on a parcel of land under the minimum lot size of Weld County. LEGAL DESCRIPTION: Si SWI of Section 18, T8N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 13, north of Weld County Road 92. Approximately 9 miles west and one mile north of Pierce. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan in that it permits low density residential development on nonprime agricultural land as recognized by the soil conservation district. The soils report states that the soils capability subclass designation is VIe, which indicates severe limitations that make it unsuitable for cultivation. - The proposed use is consistent with the intent of the Agricultural District and is provided for as a Use by Special Review. - The use permitted will be compatible with the existing surrounding land uses and with future development of surrounding areas as permitted by the Agricultural Zone district. - The area is not affected by overlay districts. - The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. - The Use by Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. 870490 Thomas McCauley USR-780:87:4 Page 2 This recommendation is based in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached development standards for the _Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. The Use by special Review shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has -been _delivered to the Department of Planning Services office and the plat is ready to be recorded in the office of Weld County Clerk :and Recorder. 3. The Lollowing note shall be placed on the Use by Special Review plat prior to recording: "Weld County Road 13 within this area has very low traffic demands and does not receive regular maintenance. During periods of heavy snows this type of road would not be opened for several days. Also, during periods of wet weather the roads may not be passable with standard passenger vehicles." 870490 DEVELOPMENT STANDARDS Thomas McCauley USR-780:87:4 1. The Use by Special Review permit is for a single family dwelling on a parcel of land under the minimum lot size of Weld County as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The Use by Special Review site shall be maintained in native grasses and not in cropland. Proper grazing practices shall be used to avoid overgrazing. 3. Prior to issuance of building permit, an on-site investigation by a certified professional engineer, licensed by the state of Colorado, will be conducted to determine special soil limitations at the building site. 4. All Construction on the property shall be in accordance with the requirements of the Weld Lounty Building Code Ordinance. 5. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 7. Personnel from the Weld County Health Department, Soil Conservation Service, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and She Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 870490 -UNITED STATES Soil 4302 W. 9th St . RA. DEPARTMENT OF Conservation Greeley, CD 80634 AGRICULTURE Service (003)356-6506 M a r"c h Z5, 1.87 foArd of Supervisors West Greeley So i I Conservat i c,rr J i str i ct p.',. B o x 86 Greeley, CO E:06_:_' Weld County Case Number: USR-7::1 ::3:7:-5 I have reviewed the application from T. McCauley for Use by Spec i a I Review p r u,it for a single family dwel I ing ,:,r, a parcel of land under the rninirnurn lot size in the agr" icultur"al zone district in S 1/2 SW 1/4 of Section 18, R6TW. This location is 9 1/2 miles west and 1 mile north of Pierce . The proposed use is to a l I ow one residential home and appurtenant „ Lbui 1dings on an 80 acre parcel located in an agricultural zone . The buildings wi I I be just under" one acre. The ground is currently in dry land and ,:,1,oat . The intent is to leave the balance of the ground ( approximately /9 ac . ) in wheat . The so i l s are all -class VI and have the potential for sever-e erosion due to epnes-s of slope and or shallowness over sandstone . Current potential erosion rates are greater than allowable so i I losses. The "Statement of I f Q" in th-e application indicates that the " land will be farmed in accordance with a soil conservation plan approved by the Sails Conservation r,•1,,,r trnent , and if it ever ceases to be farmed it will b-e reseeded to natural grasses . " With the I i m i ted knowledge of current operations, it is ri•• 1, tfu I that an approved conservation plan car, be prepared for SCD approval for non- irrigated cropland due to excessive erasion rates , unless ,•l.her conservation practice applications can be planned . The so i I s do have I i rn i tat i c,r•,s for the construction of bu i I d i ngs. I would ummend an on-site investigation by an engineering firm to determine specific soil limitations at the building sites . T ." u I d I i ke to suggest the approval of this -application with reference to the above cornrner,tm . `3iiii: orely► Ronald D. Miller D i '- tr i c t Conservationist Greeley Field Office 870490 3 /14/87 Weld County Cornissioners Weld County Planning and Zoning As owners of the land to the north and adjacent to the property of Thomas McCauley we approve of his application to divide his land into two eighty acre parcels . We feel that this is an appropriate parcel size for the neighborhood and look forward to having neiahbors . We urge you to approve this application . Thank you. Steven D. Jones Brenda Jones Michael Gebo Paula Gebo ope- y \ti APR 31987 Weld Co. Phone Unninoslan 870490 LAND-USE APPLICATION SUMMARY SHEET Date: March 30, 1987 CASE NUMBER: USR-780:87:5 NAME: Thomas McCauley ADDRESS: 2190 West Drake, #251, Fort Collins, CO 80526 REQUEST: Use by Special Review permit for a single family dwelling on a parcel of land under the minimum lot size requirement LEGAL DESCRIPTION: Si SW} of Section 18, T8N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 9 miles west and one mile north of Pierce; east of Weld County Road 13 and north of Weld County Road 92 SIZE OF PARCEL: 30 acres, -more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. This application is for a Use by Special Review permit for one (1) of two (2) applications submitted by Thomas McCauley for a single family dwelling on a parcel of land under the minimum lot size required in the A (Agricultural) zone district. The Department of Planning Service's staff has received specific recommendations from the following referral entities: - Weld County Health Department - Weld County Engineering Department Copies of these referral responses are included in this summary packet. Referral responses have not been received from the following: - Greeley Soil Conservation District - Lydia Dunbar, Planning Commission Member - Nunn Fire Prevention District - Weld County School District RE-9 870490 CE y 1 • \i, 5p 104 T 9 C � I c — : yM, � _ rp r p x �„ 2 :o i , ',II zz7 ° H z_ e. 7 . p E 4 x15 l 102. . I 32'5z � �. t . . s _ • • q k• ,,� iGO. . N A � � i ' i �c ti M 2 k 5 . 4' ' r . v JC°. . . 5-ccrtl •+i�.e• ,4-. .,„_'5.„:. ... ! 5 • , I ! 6.5' ! - F 2 5 N 44. 'JE F C T:Lr FLanap�2. . . • A ` ®. .c I , 'i�M•• X. 20' =i 22 . i. '�a =0 '55- Y \ 1 Il a.. �. , D. ile a0. . . . « ° • >ya e. _ � .w i• ''t /°gyp--' .4•-m ° �"�"`. —`A'• ,0. :E z! z• n m I _• N . p ••te% �i. °z F•• 25� [ti • i `� N N . A Eo_E . 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'„ ..t sax.. *,c rct. :;° # `sl'z, y ti '}�t ?T `t e S' .'Is "`1.a ..M to rr' y a k n{tF Y.7pR fr r s t s '�[r'fry:, e t: y{ i t, 2411.i. r• •P. r}'. },, ! ,b L'ii y }, t.Y4�`"'. ; Yb • .` t % It,if.s-"%' h� t?. } 1Y'" }sit..}fi iiYY"" , }{ r 4 r } c i ;??41'1 "4;r •t', . ' -,..1.. Fr t b 9 6 :".r, } s j} At 3Yi Yi� 7 r 1 yA' S bl• ioc V 'J r..,is' La yr v S .x v(r '�1 ',, A •' r4'-+' �•- „�d}'b`rzy }'"} 3 L}'. r'. • 1i5� 4 -y j' 1 � € $rte - T. <. s i' t+rc. �f�o4} I.'', , 'II' �°titi i �� Ni � 'i.., 1,..,-4, � 93f�. . �.✓ �` w�� iml�+.� Y*.'iy .. � . . I y' 5 ak pi� «,4-411.ro4�� S• 1 s i I 4PTT R t � i1 r. .: 4 , � 870490 ., r'b+r ......, 1 ' , • REFERRAL -LIST APPLICANT: T. McCauley CASE NUMBER: USR-780:87:4 SENT REFERRALS -OUT: March 5, 1987 REFERRALS TO BE RECEIVED BY: March 19, 1987 NO SR NR NO SR NR County Attorney X Weld County Health Dept. V X Engineering Department County Extension Agent X Greeley Soil Conservation District 4301 9th Street Road Greeley, CO 80634 X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 X Lydia Dunbar Planning Commission Member Box 8, Road 89 Grover, CO 80729 / X Larimer County Planning Department v P.O. Box 1190 Fort Collins, CO 80522-1190 X Nunn Fire Prevention District c/o Mr. Lynn Shipps Nunn, CO 80648 X Weld County School District RE9 c/o Norman Blake 209 West First Street Ault, CO 80610 No=No Objection SR=Specific Recommendations NR—No Pesponse g70490 FIELD CHECK FILING NUMBER: USR-780 DATE OF INSPECTION: March 1-9, 1987 NAME: Thomas McCauley REQUEST: A Use by Special Review permit for a single family dwelling unit on a parcel of land under the minimum lot size requirement. LEGAL DESCRIPTION: Part of the Si SW} of Section 18, T8N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 13, north of Weld County Road 92. Approximately 9 miles west and one mile north of 3ierce. LAND USE: N Dryland farming E Dryland farming S Dryland farming W Dryland _farming ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access would be proposed from either Weld County Road 13 or Weld County Road 92. Weld County Road 92 is an unimproved road measuring one car width. A homesite exists on the Si of the SW} of Section 7, T8N, R67W and a farm house with accessory structures exists in the NW} NW} of Section 18, T8N, R67W. The land is of gradual rolling hills in all directions and used primarily for crops which appear to be winter wheat and straw. By: ..,,OOi Curr / t Planner 870490 el/till Asinna !E.; Weld County Planning March 24, 1987 To D Ate • Health Protection Services COLORADO :•.,m _ ,12 Case Number: USR-780:87:4 Name: T. McCauley Subject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following condition: 1. Weld County Septic Permit is required for the septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. By Direction of Ralph R. Wooley, M.D. r._...__,_...., i � �! UaR ? 5 1987 1 OeW Co. Plannla2 1:nmmissior, 870490 cOlo /17 ROY ROMER JERIS A. DANIELSON Governor "' i � State Engineer it '21 vNa *, *1876 *' OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 March 23, 1987 Mr. Brian Single Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: McCauley Special Review and Noland Special Review Dear Mr. Bingle: We have received several applications under the names referenced above to create tracts of greater than 35 acres. Present statute allows for the issuance of an exempt domestic well permit on any tract larger than 35 acres that does not have an exempt well already on the property. Sincerely, Hal D. Simpson, P.E. Deputy State Engineer HDS/JRH:9524H o r I(( (PAR G 1987 - -- helli Cn. Dimwit i:urnmissian 870490 t , Lanell Swanson and 31 ,3c Brian Bingle March 24, 1987 To O•to COLORADO Drew L. Scheltinga, County Engineer McCauley and Noland USR Applications Subject: This memo addresses Use By Special Review applications from T. McCauley (USR-780:87:4 and USR-780:87:5), and Chad and Jamie Noland (USR-783:87:6, USR-783:87:7 and USR-783:87:8). These separately submitted Use By Special Review applications when combined with the previously approved USR of Jones and Gebo (USR-773:86:53) will have the affect of allowing 8 residential developments on Weld County Road 13 in a two-mile stretch south of County Road 96. I have the same concern indicated in my memo of December 23, 1986. A copy is attached. Road 13 is approximately 18' wide and has poor vertical alignment. The surface has a sparse covering of gravel. Road 13 provides a reasonable level of service for the present agricultural use. It will not provide adequate transportation for residences. DLS/bf Enc. xc: Planning Referral File: T. McCauley USR Chad and Jamie Noland USR �r!�;� , t 1987 ESL „ofoissioo- 870490 SURROUNDING PROPERTY OWNERS USR-780:87:4 Thomas McCauley Dale W. and Luetta Verstraeten P.O. Box 882 Estes Park, CO 80517 The One Fifty—Four Group c/o Gutersonn 13900 Progress Way Aurora, CO 80015 Robert L. and Mary Ann Hartley 807 East 57th Street Loveland, CO 80538 Steve and Brenda Jones Michael and Paula Gebo 3812 Soderburg Drive Fort Collins, CO 80526 870490 SURROUNDING MINERAL OWNERS USR-780:87:4 Thomas McCauley Lillian Anderson c/o Colorado State Veterans Center. P.O. Box 32 Homelake, CO 81135 Antelope Production Company P.O. Box 577 Kimball, Nebreaska 69145 Orville Charles Hawkins Virgil Lyle Hawkins Livermore, CO 80536 Thomas McCauley 32 Long Meadow Riverside, CT 06878 870490 DEPAF NT OF PLANNING SERVICES sy�r ^ c PHONE(303)3564000 EXT. 4400 �„� 915 10th STREET 1 ., GREELEY,COLORADO 80631 x *I,T� P° COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, April 7, 1987 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a single family dwelling on a parcel of land less than the minimum lot size in the A (Agricultural) Zone district from Thomas McCauley. The parcel of land is described as the Ni SW} of Section 18, T8N, R67W of the 6th P.M. , Weld County, Colorado, containing 80 acres, more or less. The property is located approximately 9.5 miles west and one mile north of Pierce. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on April 7, 1987. Copies of the application are available for _public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by March 12, 1987 673 Received by: C7 Date: J 870490 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 pint submitted Application Fee R�— Receipt Number Recording Fee Receipt Number TO hE COMPLETED BY APPLICANT: (please print or type, except for necessary signature)— — —� I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT ARF.A:Nh of SW4 Section 18 T 8 N, R 67 W LF:l;A1. DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: ST of SF86 Section — 18 T 8 N, R 67 W Property Address (if available) N/A PRESENT ZONE Agriculture _ OVERLAY ZONES N/A — itnAL ACREAGE 80 acres PROPOSED LAND USE. Qne residential home and app_4irtenant outbuildings with the 1114O11/4/*W/00 balance in dryland wheat EXISTING LAND USE: Dryland wheat SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW !'}.KNIT: — — ---- — — Name: T. McCauley Address 2190 W. Drake #251 City Ft. Collins, CO Zip 80526 Home Telephone fl 224-9137 Business Telephone i _rune Name: Address: City Zip _ Dome Telephone 0 Business Telephone # -lieltPLAMNiftEtR AUTHORIZED AGENT (if different than above): Name: Jerry McRae, Agent Address: 1231 8th Ave. City Greeley, CO Zip 80631 Nome Telephone S Business Telephone 4 356-3101 List the owner(s) and/or lessees of mineral rights on or under the subject propel ties of record. Name:_ Lillian Anderson Address: Unknown City Zip Name: Orville Charles and Virgil Lyle Hawkins Address: City Livermore, CO Zip 80536 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. cour'TY OF WELD ) STATE OF COLORADO ) :".C _4,1.7Cia Signature: ifileum=st Authorized Agent , ::'-.6tin:^.rribed and sworn to before me this //-Z day of Yebhijiguilf 19ff• r r+ '' `NOTARY P H C • 1231"R0TARY C�8aa31 . ! My expires (y /994044 .6604 Nwrie4ONv.-• 870490 STATEMENT OF USE We are requesting a "Use by Special Review" to allow one residential Irate and appurtenant outbuildings on an 80 acre-parcel located in the agricultural zone. The home and appurtenant outbuildings will be located in the "building envelope" designated on the plat and contains just under one acre. The ground is currently in dryland wheat, and the intent is to leave the balance of the ground (approximately 79 acres in this use. The primary agricultural usage of the property is being maintained intact. The land will be farmed in accordance with a soils conservation plan approved by the Soils Conservation Department, and if it ever ceases to be farftd it will be reseeded to natural grasses. This request is to allow an80 acre unit in an Agricultural Zone with Dryland classification, whereas the normal-size is 160 acres. This smaller unit will allow either a farmer to start with a smaller acreage and less investment OR a residential unit in an agricultural atmosphere for those who desire an agricultural life style without a full need to make a living fran the farming operation. The-existing uses in the general area are rural residential and agricultural. There is an existing bane one mile north of the subject property, and another bane approximately 1/2 mile east of the site. Properties in the vicinity vary fran emit 5 acres to 640 acres, with several of the units being 35 acres. Only a single family residence with agricultural related structures such as garages, horns, corrals, etc. as allowed in the Agricultural Zone are being requested. No special uses are being requested and all proposed uses for agricultural use, farm animals, waste disposal, fire protection, storm water retention facilities, traffic landscaping, erosion control and reclamation will be governed by the Agricultural Zone. Electrical power exists in County Road 13 adjacent 1/2 mile of the property. Sewage disposal will be handled by an onsite septic system. Domestic water will be provided by a domestic well. A well permit will be obtained from the State Engineer upon approval of this application. There is an existing water well in the East Half of Section 18. Access to this property is directly off of Weld County-Road 13. The driveway access point is shown on the map and was designated to provide visibility fran both directions and-for efficient access to the building envelope. 870490 STAT17.4'Nf OF COMPLIANCE • The integrity of the policy of the Weld County Canprehensive Plan will not be jee aril'zed as this prO xrsed use will not appreciably affect the present use or make-up of this dryland are, i.e. a single family residential unit will be allowed on an 80 acre tract which will reeve a minimal amount of land fran productive. A new residential unit will increase the tax base without adverse effect on any utilities or services. • The proposal is consistent with the intent of the agricultural district as the primary use of the lard will remain in its present agricultural use. The soils in the area are rated as a capability Class VI, dryland with severe limitations to • culti vati.ar and crops. The location of the residential unit was selected for the normal reasons of hate sitting i.e. amissability, view, space, etc. The productive agricultural drylard has been conserved to the extent possible with the creation of only a small residential site and access road. Normal provisions for access, building seperation, construction to Codes etc. will provide the standard protections for the health and safety of the inhabitants of the site, neighlnrhxd and county. • The proposed-use is canpatible with the existing surrounding uses of dryland • farming as it is the same. Only uses permitted on the adjoining properties will to permitted on this property. The site is many miles fran any urban areas and • ahgxrnrs to be cacpatible to any future development of the area. • The area does not lie within any flood plain, geological hazard or airport • overlay districts, and therefore ceplies with the Zoning Ordinance. I Ymestic water will be supplied fran a domestic well. A well permit will be • obtained trap the State Engineer on approval of this application and prior to the nIu of the parcel. Other wells are in operation serving the residential units in the vicinity. • • • • 870490 To Whom It May Concern: I hereby authorize Jerry McRae to execute as agent on my behalf and and all documents required by Weld County with regards to an application for "Use by Special Review" to create two buildable 80 acre parcels in the Sw; of Section 18, Tbsnship 8 North, Range 67 west of the 6th P.M., Weld County, Colorado. nf\ i/1/r7 T. CAULEY by C in A. Barstow, his attorney-in-f t /�// The foregoing instrument was aclmowledged before me this /day of� C L' -ey , 1987, by Marvin A. Barstow as attorney in fact for T. McCauley. / � e"c My camission expires /e2- B -. "7O Witness my hand and official seal. 2 dres ic� G Ce d..7(1,- Address: • 870490 titer of cltlovocu his if)Wr1I or Al I171111FY Pus been signed by the Principal named below In order to authorize the am Fri(:i who is identified below as Ire Allonrry-hr-racl In exorcise specified powers wilh respect to real ochre, together with any Improvements and apinulerhuu'e:. which Is described below as the 'tr'sooty PIIIIICII'AL(S): (give the framers) amt addrnss(es) of the Principal) T. MCCAULEY A I 1(IINFY(S)-IN-FACT (give the tremors) and address(es) of the Attorney-In-Fact) MARJIN A. BARSTail PROPER Ile (give Portal description. bml(ding county, stale, and sheet address) The SW'; of Section 18, Township 8 North, Range 67 West of the 6th P.M., Weld County, Colorado Appointment mud Grant oI Authority.Mar Principal hereby appoints the Allorney-ln-Fact as his agent and gnun; the Attorney In-Far:l lull power and authority In sell„purchase, encumber or otherwise 'crosier err acquire the Properly or any interest in the Properly In furtheranceol that power and author- ity. Imam Attorney-brFacl may execute, lit the name of the Principal(or in the name of the Allorney-In- 1;ter hnl on behalf of the Principal)any or all of the following instruments: contracts of purchase or saki Meals with or without warranty,deeds of trust,mortgages.promissory notes,assumption docu- ments.ham:Iers of escrow funds and of insurarae policies,closing and settlement statements,;midi- r-nti-,na Ira loans,and any(Mier documents containing such terms andenndllions andsuch warranties and „I cards as lire Atha trey-In-Fact deems necessary or convenient in order to complete any such ;;err.a i,-cst tr:nsac,tion. the e Allorney-In-rack also Is authorized and empowered to receive and collect ruuJa mid documents and sign receipts for Such funds and documents and to endorse and deposit r1n c I.).or drams:no persrrrr paying Iouds or delivering documents to the Attorney-In-Fact shall be re- -Tim/giro he lire handling of the funds or documents by the Attorney-In-Fact. the Principal hereby r mile, aril confirms all the Attorney-hi-Fact does or causes to he done pursuant to and in accordance with Ihl•', rn:vrr oI Annrnny. ()matron and Revocation. I his Power of Attorney shall rennin in effect until revoked.It may be revoked nn , Iry v.onto' notification given by the Principal,en by his conservator or other court-appointed Ie- prry.nolarn, be the Allorney-In-rnnl the Principal's death also shall revoke this Power of Allonmy- I Ire.I'nu s of Attorney stall gal.however,he affected by the disability of the Principal.In no case shall 16r MI Attorney be derailed In have born revoked in any manner wilh respect to any person who. eaHead nrlual kurrwlndge of lire revocation or the event giving rise to the revocation,acts in good faith in dr,dlno ,vilir the Attorney-In, act. Mlscclleucorn,II Iwo or more Allonrnys-In I act are maned shove,all of them most act concurrently In order h,,..r.rr:ise the power ;rod authority Wonted by this Power of Attorney,unless a different indica- tion -.r••,•iris ally made Voids in hers Power of Attorney denoting lire singular shall be read as denot- ing Ibe Hurd, and masculine pinrauns shall he read as feminine or neuter pronouns,it the cireum- •a:nr roguhe eer e P by HIP I'r racy ud(s) ol�eree.M 6t-c // .19 ro C T. FYY'Al1LEY ., I nl t1(11 (MAIM) ) 55 Inlr❑111 err barmier ho I a^mnog inshrnnan was acknowledged before me on<-7J £tom_ // .19 J17 I•V T MCCAULEY 1,1r c mar-,-.i,m I,xpioa'. L'Q7O,1.0e, 4 /9 gd Wilness ury hand and official seal. X- _.. t}6yyy�j�yh� aC("if r rr rc rr rr,r; T Ll6zni C6 OL� s.. ' r' r.cn rr'.C ,r r,unlnnncv NT) 5(11 870490 OR . I I'I I hrirr 11 'N. I C:.FPk. F ,I;N. Wk.i.0 CO, CO X • R'ARMAN:I' DEED Tills DEED,Made dta 22nd d:„,d October ,1986 hen.re,r ORVILLE CHARLES HAWKINS'and VIRGIL LYLE HAWKINS Doc . R • 4 (oco olthe „mint,of Larimer ,state of Colorado,granloral and T. FIc CAULEY OState Documentary Fee— Dote...t ."IA.^t.!yp .hnnelegalad.h,'n.ia 32 Long Meadow Road (P.O. Box 572) $ �u�f.rfA.1--�_ Riverside, CT 06878 of the County of .SCneo IM p c Ride icut umce0l w I TNFSSF.iii Thal the gramorls),for and in consideration of the sum of SIXTY THOUSAND ($60,000) ' DOLLARS, the mce,pr and m m lliei< vul which it hereby acknowledged, ve ta9ed ed,ha ggranted,bargained.mild and moneyed,and by these presentsdo gram. ,s..mid confirm.unto the grantee(s). hi 5 heirs and a signs forever,all the real n together with improvements,MWam .all.er,r if ans.„mite,lying and being in the Weld Rn'pe Y. Re p Coumy of .Sun of Colorado. r I The SW 1/4 of Section 18, Township 8 North, Range 67 West of the 6th P.M., ' `.le)d County, Colorado. See Exhibit 'rAr' attached hereto and incorporated herein by reference for additional exceptions and reservations. • el",hare ri In.mar and ntrudor ac 111(:1 IIII R u ub all and suicidal'hr hereditament,and appurtenances thereto belrm,•ing OP in an)w se nIlX'tairring.and the reversion and con,. re rc.rude,and mmamdcrs.Rill,.issue,and profits thereof.and all the estate,crud,bile,'merc.L clain,and demand whatsoever of the grand..i etcher m I.,or equiy.O.in and to the atone hatgained premises..ith the heist.nnenn and appurtenance. Ill II IA I A NI)TO IIUI.n the said mouses Mime ha,gained and described with the apcurienanees.unto the granteels I. hi 5 heirs and 1 i..„ r mom',! ' ma),h, them idi yes, he run andpersonal 'I do ,taro gar bargain and rem r I „hire l t t' Ih15 'wiry O1' igo, Mei ai the tittle of the ensnares- f delner y of theseresents, they are well .r 'cif, pi t rru. I std ll.i ve good.a t,perkel absolute d intlekosible<va r,f inheritance in law, in fee simple.and le yO siltrehi.lull re cod' n _ e grant.ht'gun.sell and conaey the same n manner and firm in afore,aid,and that he same are free ctrl I,.n u.un allhn met and odor grans,inirains.sales,liens,lanes.assessments.encmnbrnr.a>and restrictions of w atener kid of nature saver, -,fl, subject to easements and rights of way in place or of record; restricions, ' reservations, or exceptions of record; real property taxes for the year 1986 and subsequent years; and an existing farm lease between the Grantors and Leonard L. Anderson as Tenant. r iii i Ravi.]slr.dl andu ill N\k AN ANDR)RLV1-k UlILNnlhe above hap'amed pronu<s in Orcquiet and lreareablr possessionof the r .air. la hem and darevs.againd all andevery peonn or penuns lane lulls t tainting the,hole to any part hereof I's sit IRIsS\, II RI:ill the gmntu,1,1 in Ve executed this deedon the dam rot forth,lane j[ p 1 kI_I//��n,y.�,,,,� N-A16'1R1NS, as- a torn y-In- act for VIRGIL LYLE HAWKINS SIAI'1,O1 (uU'RAN) s r o,mt,r,l Larimer nreb•r,r.,,iyoc,rtrmem era,acbnrm Weed before me ha 22nd ,t,, ,f October .m86 '^ OItVILLE CHARLES HAWKINS and by ROY IRVIN HAWKINS, as attorney-in-fact for VLi.,'•' '''','PIN^ May /Jj /789 Nime..np barulandunaill,<.al VIRGIL LYLE RAW)f,INS. ;c!!ra= R�g1 a. N ur 14Mv •It err u.r•rr r.orar-try m1-' /'(I B�,AL Srr.012.Res.J.hie se,,Xasts In runt.,rhrarmr.rmr*me. err Ce PnJIVJ IVMname nX,M ism Av,-IalewrrJ,I 80:11 _err loop AX6 ameSillilliges {^) 8gar/,g04907 r H 1133 REC 02074639 1U/27/C 10f04 F OlU9 MARY AN FFUERSTEIN LtHK RECORDER WELD CO, CO EXHIBIT "A" Attached to and made a part of that certain Warranty Deed in which ORVI 1E CHARLES HAWKINS and VIRGIL LYLE HAWKINS are the Grantors and T. McCAULY is ie Grantee. -EXCEPTIONS AND RESERVATIONS The Grantors herein hereby expressly except and reserve unto themsel IS and to their heirs, personal representatives, and assigns 75 percent of 11 minerals and mineral rights, including, but not limited to, oil, gas, gray 1, and other minerals lying in, under, or upon the surface of the real prop[ ty conveyed hereby, which are now owned by the Grantors. The Grantors herein hereby expressly reserve unto themselves and their heirs, personal representatives, and assigns forever a perpetual easement 20 feet in width adjacent to and east of the road right-of-way on the westerly- most boundary of the real property conveyed hereby. The Grantors shall have the right to construct, install, and maintain underground and overhead utilities within said easement. The Grantee shall have the right to construct driveway accesses over and across the easement to provide access to building sites on the property from the existing road. In the event the construction or installation of the driveways causes damage to any utilities installed within the easement, the Grantee shall be responsible for reimbursing the Grantors for the cost of repairing any utility lines damaged by such construction. 870490 SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART United States Department of Agriculture, Soil Conservation Service, i in cooperation with the Colorado Agricultural Experiment Station o -...<57-. V k ,•y S• r 1 4 'esp' u -4' W 63 » 1 r 7 al 4, i ip .1 ib _ f• ? { Y t 44 ; I i ) e I t s .7 "i in I VII 5 a ,,1 rt r 41 33 ` S 1. 1 iV �i . f �� C ' 65 56 ti ( 4 1 •I 1 1 i r tv -,-.. ' • Is i;11. ' 4 1 f • 1 Fi 1 I�F.(4 i ' I d �44 , .- I i f I . y�A I. ,65 7 • . 9 ; • A ., , •li W i $ d tb t; 1 Y' II, a, . tl ( � 1: 65 { .f M. is 1 i it 5` 1 I'I I' P{ i�f 47 i �'.'1 i 'y '& {y� d 1 ., t f w. :I ! I� i ° I' is . 63 •r t� M �.g`i h at , 'S 54. . lI , I 4 /1 f I 4 '1 i r 1 - 4+ 11- Q t:i .1 65 •• ClIY �� i P p5 �' t1 fi. / 14, f �.J ' 51;',0,r7,‘� 5 '� 1 e ra w -la r i. - v r Ti 63 . ' 11 65 { y •56JtE }•� fKb t �' f 'Cl'''''.. .;�.j "i' �^ J4 P I �If' � Sh `.d' 'x Y1 .441.4.);• .. r. __.'18 i.f• 'St• �',§S 1 / 8 :. v il"•`v� � t ' . T J•.Y 61, . . 1/344 � 11y V.ir t 31 5 lrIii t1.JL/J q .S 7p�" 3F3 p ,�y}dc•1 ) • lit, ft ti �,, 4 ss10 7 " 55 r •4 f( 6 " 4 dip 4. {I '1 ,� d tr i rrr. : 67 ', Iji 1 2 f rti 11 dd •y 4 - 444 1� k ! •r. � ' ' 4 ',i,v '4 to {65 5 I‘ ,.:'f P 'i A .. ' - r (1 1 ' F ¢ t C I [[.. I F p i,is5 4 I ts'ifr !j ; 4 t` r4 .4, 47 t • 'r .,114 65'.r 7 ' •I ti Vii• 7,pP !< }` t t_`: 1 l lii'' •,•-• a• t 1 r i' 6 .{rA a4' !! y .'.I ,�: %•,eH�9 ,) . �.b{ r p y d �.Flte•�.t bt d �^ F, 4y ,1{'Itrt�� ,6. . _ I djjlt iJY"1" } '� K e QM Pf"4 1 Cyr 4tf►„ ) ...,w « Yuyp ! al►la ¢ + ,' ' 7 } R V L� {1 .bj.,�M'?)}�+� 7' �'�� 1 ) •V �4 ��" f .. , t . ? �k 1r.r 3.I7 • ',j • / n, `M f � 1 ; 3 �'ZRt vl*I"-, 1 .y�..4 C..t., .`. ,f � ti1d��!'s G ". . 'ill/4'4140 ,„24,,., ‘,,..-!,,,.,,a'l . - ' tt % , ., • 1 ' r 1. '. �■vL ,y ` `{� 1 ; ,; ....4.„,....,-•,,, ,. 1 1 • „-- 4 d ''��'^4... 41/4' � 1i:f �% i �_ 'y� �• � �B. (i r"f I � .. � 'w""�"irs: -21? 3 1.i 5—Ascalon fine sandy loam, 6 to 9 percent slopes. 47—Otero-sandy loam, 3 to 9 percent slopes. This This deep, well drained soil is on moderately dissected deep, well drained soil is on moderately dissected to to highly dissected plains. It formed in calcareous loamy highly dissected plains and tans. It formed in calcareous alluvium. loamy alluvium and colluvium. Typically, the surface layer is dark brown fine sandy Typically, the surface layer is brown sandy loam 5 loam 6 inches thick. The subsoil is sandy clay loam 15 Inches thick. The underlying material to a depth of 60 inches thick. The substratum to a depth of 60 inches or inches or more is sandy loam. The soil is calcareous more is calcareous sandy loam. In some areas the throughout. surface layer Is loam. Included in this unit are small areas of Stoneham fine Included in this unit are small areas of Altvan fine sandy loam, soils that have a gravelly surface layer or sandy loam, Cascajo gravelly sandy loam, and Peetz gravelly underlying material, Kim and Mitchell soils, gravelly sandy loam. Also included are some areas of Bushman fine sandy loam, and soils that have slopes of Rock outcrop. less than 3 percent. Included areas make up about 20 Permeability of this Ascalon soil is moderate. Available percent of the total acreage. water capacity is high. Effective-rooting depth is 60 Permeability of this Otero soil is moderately rapid. Available water capacity is moderate. Effective rooting inches or more. Runoff is medium to rapid, and the hazard of water erosion is high. The hazard of soil depth is 60 inches or more. Runoff Is medium,and the blowing is moderate. hazard of water erosion is moderate to high. The hazard This unit is used as rangeland and nonirrigated of soil blowing is moderate. cropland. Areas of nonirrigated cropland are poorly This unit is used as rangeland. suited for use as rangeland and should be seeded to The potential plant community on this unit is mainly adapted grasses. blue grama, prairie sandreed, and needleandthread. The The potential plant community on this unit is mainly average annual production of air-dry vegetation ranges blue grama, western wheatgrass, sedges, and from 700 to 1,800 pounds. buffalograss. The,average annual production of air-dry If the range is overgrazed, the proportion of preferred vegetation ranges from 400 to 1,300 pounds. forage plants decreases and the proportion of less If the range is overgrazed, the proportion of preferred Preferred forage plants increases. Therefore, livestock grazing should be managed so that the desired balance forage plants decreases and the proportion of less preferred forage plants increases. Therefore, livestock of preferred-species is maintained in the plant grazing should be managed so that the desired balance community. of preferred species is maintained in the plant Range Seeding Is suitable if the range is in poor community. condition. The plants selected for seeding should meet the seasonal requirements of livestock or wildlife, or Range seeding Is suitable if the range is in poor condition. The plants selected for seeding should meet both. Other management practices that are suitable for the seasonal requirements of livestock or wildlife, or and ronotation this unit are proper range use, deferred grazing, both. Other management practices that are suitable for andprotect rction from-erosion grazing. If the needed.plant-cover is disturbed, use on this unit are proper range use, deferred grazing, layer results s in fro a severe e is decrease Loss of the surface and i and rotation grazing. If the plant cover is disturbed, the a in productivity and in protection from erosion is needed. Loss of the surface gra potential of the soil to produce plants suitable for layer results in a severe decrease in productivity and in grazing. the potential of the soil to produce plants suitable for This io unit is plantings.suited to is windbreaks and grazing. environmental It limited mainly by the hazard This unit is well-suited to windbreaks and of soil blowing where the surface layer is barren of environmental plantings. Supplemental irrigation may be vegetation.I Soil rows blowing can be r a stripd by of vegetation g needed when planting and during dry g only a the thetr rows.o Supplemental and by leaving a o periods. between irrigation may be This map unit is in capability subclass Vle, needed when planting and during dry periods. nonirrigated, and in Loamy Plains range site. This map unit is in capability subclass Vle, nonirrigated, and in Sandy Plains range site. 8'70490 65—Terry sandy loam, 3 to 9 percent slopes. This 67—Thedalund-Keota roams, 3 to 9 percent slopes. moderately deep, well drained soil is on moderately This map unit is on highly dissected alluvial fans, upland dissected to highly dissected plains. It formed in ridges, and plains. calcareous sandy residuum derived from sandstone. This unit is about 45 percent Thedalund loam and Typically, the surface layer is grayish brown sandy about 35 percent Keota loam. The components of this loam 5 inches thick. The subsoil is sandy loam 12 inches unit are so intricately Intermingled that it was not thick. The substratum is calcareous loamy sand 15 practical to map them separately at the scale used. Inches thick. Sandstone is at a depth of 32 inches. Included in this unit is about 20 percent Epping silt Depth to sandstone ranges from 20 to 40 inches. loam, Kim loam, Mitchell silt loam, and Shingle clay Included in this unit are small areas of Olney fine loam. Also included are some areas of Rock outcrop. sandy loam, Vona sandy loam, and Tassel loamy fine The Thedalund soil is moderately deep and well sand. Also included are small areas of soils that have a drained. It formed in calcareous loamy residuum derived subsoil of sandy clay loam and have sandy shale at a from fine grained sandstone, shale, and siltstone. depth of 20 to 40 inches and soils that have slopes of Typically, the surface layer Is grayish brown loam 3 - less than 3 percent. Included areas make up about 15 Inches thick. Below this is loam 21 inches thick. percent of the total acreage. Sandstone Is at a depth of 24 inches. Depth to Permeability of this Terry soil is moderately rapid. sandstone, shale, or siltstone ranges from 20 to 40 Available water capacity is moderate. Effective rooting Inches. The soil is calcareous throughout. depth is 20 to 40 inches. Runoff is slow, and the hazard Permeability_of the Thedalund soil is moderate. of water erosion is moderate to high. The hazard of soil Available water capacity is moderate. Effective rooting blowing is moderate. depth Is 20 to 40 inches. Runoff Is medium, and the This unit is used as rangeland. hazard of water erosion is moderate to high. The hazard The potential plant community on this unit is mainly of soil blowing is moderate. blue grama, sand dropseed, prairie sandreed, and The Keota soil is moderately deep and well drained. It needleandthread. The average annual production of air- formed in calcareous loamy residuum derived from dry vegetation ranges from 700 to 1,800 pounds. siltstone. Typically, the surface layer is pale brown loam If the range is overgrazed, the proportion of preferred 4 inches thick. The next 19 inches is silt loam. Below forage plants decreases and the proportion of less this is loam 12 inches thick. Siltstone is at a depth of 35 preferred forage plants increases. Therefore, livestock Inches. Depth to siltstone ranges from 20 to 40 inches. grazing should be managed so that the desired balance ofThe soil is calcareous throughout. me it d species is maintained in the plant Permeability of the Keota soil is moderate. Available comu y water capacity Is moderate. Effective rooting Range seeding is suitable if the range is in poor p Y depth is 20 condition. The plants selected for seeding should meet to 40 inches. Runoff is rapid, and the hazard of water erosion is moderate to high. The hazard of soil blowing the seasonal requirements of livestock or wildlife, or both. Other management practices that are suitable for is moderate. use on this unit are proper range use, deferred grazing, This unit is used as rangeland. and rotation grazing. If the plant cover la disturbed, The potential plant community on this unit Is mainly protection from erosion is needed. Loss of the surface blue grama, western wheatgrass, and fourwing saltbush. layer results in a severe decrease In productivity and in The average-annual production of air-dry vegetation the potential of the soil to produce plants suitable for ranges from 400 to 1,300 pounds. grazing. If the range is overgrazed, the proportion of preferred This unit is well suited to windbreaks and forage plants decreases and the proportion of less environmental plantings. The main limitations are preferred forage plants increases. Therefore, livestock restricted rooting depth and low available water capacity. grazing should be managed so that the desired balance Supplemental irrigation may be needed when planting of preferred species Is maintained in the plant and during dry periods. Summer fallow, cultivation for community. weed control, and selection of adapted plants are Range seeding is suitable if the range is in poor needed to insure establishment and survival of condition. The plants selected for seeding should meet seedlings. the seasonal requirements of livestock or wildlife, or This map unit is in capability subclass Vle, both. Other management practices that are suitable for nonlrrigated, and in Sandy Plains range site. use on this unit are proper range use, deferred grazing, and rotation grazing. If the plant cover is disturbed, protection from erosion is needed. Loss of the surface layer results in a severe decrease in productivity and in the potential of the unit to produce plants suitable for grazing. This unit is well suited to windbreaks and environmental plantings. Supplemental irrigation may be needed when planting and during dry periods. This map unit is in capability subclass Vle, nonirrigated. The Thedalund soil Is In Loamy Plains range site, and the Keota soil Is In Siltstone Plains range site. 870490 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Sh SW4, sec 18, T8N, R67W of the 6th P.M. 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 Tarimer in Lorimer County A m County Assessor of the owners of propertyA(the surface estate) within five hundred (500) feet of the property subject to the application. This list Tarimer was compiled from the records of theA9''l' County Assessor, or an ownership update from a title or abstract company or attorney, derived from such -Lorimer records, or from the records of theAJ'g4/Y County Clerk and Recorder. The list Lorimer compiled from the records of the/Via/Yd/ County Assessor shall have been assembled within thirty (30) days of the application submissio date IN A. B The foregoi g instrument was subscribed and sworn to before me this,/ day o {� 2ue.c , 1957 7 WITNESS my hand and official seal. My Commission expires: /0- f=' - 570,6-- / /1 N ary Publel •//� c:32G8 `/l �je 3 t1 Ka/l am^ l4 glj:: '- i 870490 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET • Please print or type Sz SW 1/4, Sec 18, T8N, R67W of the 6th P.M. NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 0 1) The One Fifty-Four Group c/o Gutersonn 88130-00-005 13900 Progres Way Aurora, CO 80015 2) Redman Ranches, Inc. 88240-00-015 321 W. 26th Street Cheyenne, WY 82001 670490 -AFFIDAVIT PF INTEREST OWNERS SURFACE ESTATE ..Application No. Subject Property The SSW of Section 18, Township .8 North, Range 67 West of the - 6th P.M. , Weld County, Colorado. . , • STATE OF COLORADO ) ....r , ...) -SS. COUNTY OF WELD ) TEE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within :five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership • update from a title or abstract company or attorney, derived from such • . records, or from the records of the Weld County Clerk and Recorder. The list 'compiled from the records of the Weld County Assessor shall have been' assembled within thirty (30) days of the application submission date. • • (Truudy L. Meis, Examiner The foregoing g/// instrument was subscribed Weld County Title ebetorpee me this 1- /K/ day of •' F 9%(11,2•./ , 1987. • / • WITNESS:iny_hand and official seal. M}^ Commissiottc;expires:g,tt 07O,/988•• l• ug Lit 7 rl ., �•v/�� , • :Notary Pub l ) • • • 8' 04.94 ••••;_:=:;.-•.. -:=-__,.'__ . . - _. _• : � C: "^S ('F oP^?E TV 1 I TPI Ei 5C r_' =_-I:i'-_ -: : - } •;• . �: :.r •.....v...............-,...,:-.:-..----,727-75-:.--.7 Please print or type - • '• '.• o : r••r� ._I._._-�Y•i .=.,-•r .;:-.2.-:i..„,.....-•—!4..;. ,......--::.i.._,......,.•• • • �• L•.4�••..:•...ter ••►r+• . •_.......____....r.• s_ .•�_l'.- ...._ .. -• _ :_:: NAME •i.. 'ADDRESS, TOWN/CITY, ---,,�..;• ,M, .•;. ASSESSOR - :. i.l.=ti.r t.. _: '.' '.a' -.x : _{:•..;. STATE AND ZIP CODE :17.:-_—_-.._-.::•_-:-...------- :.�,: . _•�M�� .( t;, � • . ;=:>•. . ,_ IDENTIFICATION { Donald Ace-Morgan g 'n • _"s:: . .. *•. .�• . - -_'`''- r;, ,... ":>. -_--;. -•'and• Jan •E. -Morgan' �'t~'�'•'455�19000016. a� •;=�L.""~•- "::.. 907 4th Street• Pierce, Co' 80650 _ r •• -_: -.--:::.:=.----,•-•.,..-....--- :.., - •~_.Z..'r u•t 5r.'t!r ,.- ..:i. _ .r, - -i,: - •---",- i,'f`- • • r: -4•-r•�i:--'r• `•ice.,:.ter.' :i.- • ..e` :'.• r•4: ..., ..1....-_z2-,,,‘,.......0,-«if•;',2;; aa..",:r- ▪14-..:'' _7x.--"-4..7.-..;;--;-..:- 1..•• 7-• .ie. - sa. f.'•.'.'S•',.**...-1-1.:- 1 _`4 .rte•:.^ L._ 't...dc.4-9.?11,:-y'r�1t';i.��:'�..4k-' r� .. :.:.:F;:y •+ l�... ....sy. - -. ....— .!}�=�'��•-•:5iT�..l•-;:.., ;';:arm . Robert L. :Hartley and Mary -Ann Hartley .-•••.. :• •05518000003-. _.;- ;�_: ,- • 807 East 57th Street • . . .. _ • _ -•. : . .. '._'t.'�r .;`_._ - ' -• Loveland, CO 80538 -• - _ .. • Steve Jones and Brenda•Jones an undivided 50% interest .. . , .. .05518000003 . and Michael Gebo and Paul Gebo an undivided 50% interest _ 381Z Soderburg Drive, Fort Collins, C0. 80526 . ..-..... .... t.-..._ ., _ ._ :- ••.t • :s' . _ . . .. .. . . ▪•.•_._�.: . • __ C.."1.."-r... .. .v. ♦• • _. ..+y._ " t•••�•r�•- .7�-+ i.t.,/k` i.••.•_. .� 'j k_ - :,. • — i• ... • • • • • • I • . •......r....w•/..��.. _,_ .r�. . �. •.... r._� -•'w• .r�. ... - _.t. • ray— .. _ . .. ._. • . . DA., : MINERALS AND/OR SUBSURFACE Application No. Subject Property The S}SW} of Section 18, Township 8 North,. Range 67 pest of a the 6th Y.M. , Weld County, Colorado. ' = ` STATE OF COLORADO r ) .: COUNTY OF WELD ) • THE UNDERSIGNED, being first duly sworn, states that to the best of his _ or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under • .the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. . • Trudy IeMeis, Examiner - Weld County Title Company • The foregoing instrument was subscribed and sworn to before me this I/`v • day of i2h/Ittat , 19 37. • WITNEfS,fiy,hand and official seal. • Hy _cogmxspiop expires: &0i /?88 t. '-f,••wli CIG • 2& &/ 4:a ? Notary Pub } • Mineral Owners Lillian Anderson 4/8ths interest : . P.O. Box 32 - =:Z Colorado State Veterans Center liomelake, CO 81135 4 ,r i l kr A..,+,4(. . .. . n'?- . ' ` �,. yl ./r t l T ti o Oil and Gas Lease from Lillian Anderson to Antelope Production Company recorded 2/15/85 in Book 1058 at Reception No. 199889, Weld County Records. Antelope Production Company's address is P. 0. Box 577, Kimball, Nebraska 69145 _ n Orville Charles Hawkins and Virgil Lyle Hawkins 3/8ths interest Livermore, CO 80536 • No existing lease of record at this time T. McCauley 1/8th interest 32 Long Meadow Riverside, CT 06878 • No existing lease of record at this time. -- - Y 4 V %Pa/ 7 , ...,-7 � 870490 a .,�+�, F 'fie-i'rx.1.k ,IA ay7y;,- ;f4'1` I i"1`"°'h iefl . .vx . ! IA..' x324x w F w _Icn xr T n err . Q. tl LILLIAN ANDERSON , w9 O PO BOX 32 o- a , ~♦r `"6t" `a - a n U c‘i2 . C/0 COLORADO VETERANS CENTER fry ' ', 111 � ° w P HOMELAKE, CO 81135 ,.,,„,4.,,,w4 ' ` �' a O O - - a as w H O 0 O - ' y,n .r It,. 22x1 1, @' f e s� * * x rl 2 SJ `3 ,...;,,,i5..e A2.?r'gtb , ii a l ta... • 'r. + * .. Y. : g °i viR .tn- t . m. rFS ' r;1 tute I,, S,4: i'Y.4,'''.. v... 4.}m ,l1; "t �rn.kz a 4 tr. up z ORVILLE CHARLES HAWKINS I M e VIRGIL LYLE HAWKINS {` z_ H o { , 2 ul § f: LIVERMORE, al ' s �f m a g O ;r1 CO ` 537 x a g4 rn a H w 7' �},� t 4--4, 4 psY., Syr ksc's fr4O H a "' :s.°:d„a,a-tea. {sue r ,. 5,l, .7.-4,,.. '.4. `tv a3, - t SyenEti r.1." x0".1t4rA ' ,-1d., ?re.lt 0.-Fx. t-'. _ ".F ft v.,a - k, N - X _! o - a.. _ A tV Y.yfY cr- r- I:. t ! 0 co 41 o w n. o #. JERRY MCRAE n- ,- w i '' 1231 8TH AVENUE , '*"� w ? z c 6z GREELEY, CO 80631 W 4 n r +{"w X18 #It ti s. > H 2?-1 . a Vwl t4 5 '#d5 }.f }..,iam,,.w*, P fi_Iv $ . 4FaC. rv7N ?xi . A � � v".? ✓- � Sf �kl tj i I S It t d3 $t�$t i. a .. <#`4x n t Big`. :'411§a(3Y,. ii....,"*"I'4_, S.':3 t.4 '4 3+` "xr'�to-'�-�:&� x 'It ..=. ul eV—° 0 . * - THOMAS McCAULEY r. ND 2190 WEST DRAKE, #251 k- > _ t = '; FORT COLLINS, CO 80526 "` '�` a $ ti �"c3 „e. "„rti 4 . e, 4 Q' U n H 1i 4 ` d - oa -. - 1.• N; R I'u tF a - s e i = N Z La" - S x 1 ' - s`,. .ae „�,� o- 3. " 3` ° Ly -� k txf. r a(4 y x - - 1 a �" ... : 2222, . . .. . . ,.t 370490 s z ti' o x AC a µxi Z > THE ONE FIFTY-(FOUR GROUP n r rt. o 3 -I r C/0 GUTERSONN d cw v) o , '' 13900 PROGRESS WAY + 1 AURORA, } - ` f 1°'. O w o a ' ,_ CO 80015 I� - W W a U e `41.;) a zFr4 +r•4+ w k Alai., � :e.Fkn `, .i `T a' x a "K".. l r i"g' f .1 1 Dift ` !"*e^xo- .,. a -w ^;Y }x,a ?Vdt '34a ha S�. z Axx= w4 1 4 SYt.<4 , E"" 4fi tiN u w �'� DALE W. & LUETTA VERSTRAETEN � ;�, r-- P4 _11,:i PO BOX 882 W in te t ` o a #..I ESTES PARK, CO 80517 of ±�ti a ^ C W } f vl tar !' �-�� ra M M _ �-1sA. d 'i W o0 CNI h4 1� � F t a f r= of d n # a 8 *kE fi �:,5 r' 'OA t w rn i .3 z• a ,. kia D : .' 14;k "i} ,yt>f .ijt 4 , ;�y r 1 W Pa W y�.y.} , F S' � It (,b 4� �° v 1330.�. ur 5x"fig gg n. w ''f8 ':,.' . ' }cx II' 'ell ritr'° ° w'er-.a-r+ esn- 1 y«a cope s n i x' , a '* L } a6� ^ ,,+ft iX,yri#"c p :i•` Ta4 ,°r6:: s'?r %t S ,It ,r '"".t "+ , "x -', "*1 4145 s ka 15` ,, 4 F r, ( ry O 4 �k tai O " �,4 ` ANTELOPE PRODUCTION COMPANY = #`L c o it) PO BOX 4. �y s '. x �� KIMBALL, NE & 145 ��r r H O - z i0 aW a F sci I. -it14 o zisk b . "' } . ��7b y l p R�, rn WO ��' hl" '' an" ;. t. is h i 6 ; a _ •'{ '' gF �i"� t ar f �i'! y 4rt �4 �ji n. W m W o ft 7 �#p W�4 e} i } c �•�pi Z. ' ,,, �W Xta , a � P+ ,�.4 to i d � fit as w v � }t,N� i F'a i Joi�* .1 414 1-1' - f ;6Rv l6. r�.�d sa tp".£ 7'.....[„<'' 870490 f � Ln co o r, w s 012 0 I 0 ru o W o aoe i -r Z H Ctz� a O x • a1 o �. HMz 1 _ = sr Y'44., ,t # *;,44. '1,4'4'444'; E e#r 1Y+.t/, 4.rn w44-'1,5,e1-44 ¢_7...".t44'.',.4) ;4 a .4';';'a>4£ei' C. VD '.mt*NAa raWt �. N cnOW0 C __ _.. •`., s it C STEVE & BRENDA JONES 1:36 a c5 r z 6 ] co O4 1 MICHAEL & PAULA GEBO�: '$ :,, , _ „�'�'" `'^ o - Ww A+ W H I 3812 SODERBURG DRIVE ', -�.� ti rl, Pa W W i-7 tr .,-'1',''''' ',1 "L ,N a a FORT COLLINS, CO 80526 ' { fTl ,.0 ,4 O O W cn U ! ai W U .-i Ki �- � Xr p H 'F. m en W if y hE J .*5 �,M r al., , d $ h ui�� {p. ' f d`4' tp y.� y P,.. {N tS1'y)A �jj Y p. 1 4-'41: �' �"�� b_ 6� }d"" Yi'"94 .lyLd=9^Y.4 `t` ‘:'14.2';44;,, ��S aR f}Y1. 'f pol.. 4"4m S. ,44 4i: r , 1.AhdY'f 4"*d 'k4,44rz�„i'',rF -1 0 a 3tlt may„n v�`s,F' 'srJiR+ui Tr°hy'fie°'� �ff'fFYk'�#� 4x. ' u. 14 il s F ci Z IZ 111 O ROBERT & MARY STREETRTLEY I r 4 , k .^r te It Z � C � , 2," cr >, x (}h' LOVELAND, CO 80538 H D o r-.. U 4 ,TeT T t . F q H W � 5 �; OOO �- k u ° y x.: r, yr' 3$I t zc; as i '#.C Yk ' 3 nN,g. —!,-1 ,-,P,It $ .r'..: r '�Fq .7„5 4 ",S sa y W I � a -�a � G`,e __ �yy�� y ��S ^�' �{,, ice' Tr.� . . ,r. _ `d 4 F h°'t"�-P AY, S ,' . *^✓w. S,= i yry" Hello