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Home My WebLink About860942.tiff RESOLUTION RE: APPROVE USE BY SPECIAL REVIEW FOR A FURNITURE MANUFACTURING FACILITY - BILLY J. AND DONNA J. CHRISTIAN 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 6th day of October, 1986 , at the hour of 10: 00 a.m. in the Chambers of the Board for the purpose of considering the application of Billy J. and Donna J. Christian, 873 Weld County Road 7 , Erie , Colorado 80516 , for a Use by Special Review for a furniture manufacturing facility on the following described real estate, to-wit: Lot 2 , Ranch Eggs Subdivision, located in the Nk NE4 , Section 33 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24. 4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board heard all of the testimony and statements of those present at the hearing of October 1, has studied the request of the applicants , who were represented by Arthur Roy , Attorney-at-Law, the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, with no further testimony being taken at this hearing, 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. Although this proposal may not be consistent with the Weld County Comprehensive Plan , the original zoning of this subdivision may be faulty. 3 . The uses which will be permitted will be compatible with the existing surrounding land uses. 4. The uses which will be permitted will be compatible with the future development of the surrounding area. 260942 Page 2 RE USR - CHRISTIAN 5. The Development Standards make adequate provision for the 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 furniture manufacturing facility 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 activity 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 the Weld County Clerk and Recorder. 3. Within seven days of final approval by the Board of County Commissioners, the applicant/operator shall obtain all required building and electrical permits for the Use by Special Review site. 4 . Within thirty days of final approval by the Board of County Commissioners , the applicant/operator shall meet all applicable building code requirements as outlined in s letter dated August 1 , 1986 , from Robert Huffman, Chief Building Inspector, and shall obtain the required Certificate of Occupancy for the Use by Special Review site. 5. Prior to recording, the Use by Special Review plat shall be amended to include identification of structures located on the Use by Special. Review site. 6 Within thirty days of final approval by the Board of County Commissioners, the applicant/operator shall submit an application to the Air Pollution Control Division, Colorado Department of Health, for an emissions permit. Evidence of approval of the permit shall be delivered to the Department of Planning Services. 7 . Within thirty days of final approval by the Board of County Commissioners, the applicant/operator shall submit evidence of an agreement with the North Huron 860942 Page 3 RE ASR - CHRISTIAN Water Board to allow the applicant/operator to tap the existing storage tanks with fire department connections. Said connections shall be in place within thirty days of final approval by the Board of County Commissioners. The above and foregoing (Resolution was, on motion duly made and seconded , adopted by the following vote on the 8th day of October, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST; WELD COUNTY, COLORADO Weld County Jerk and Recorder (NAY) and Clerk to the Board J cqu ' e J n , C irman Q v� (AYE) i7+ c G a"icy, m � puty CountyClerk (AYE) APPROVED AS TO FORM: Gene R. Brantner /GL�- .��;_±'�C��" : y (AYE) C.W. Kirby County Attorney _EXCUSED DATE OF SIGNING (AYE) Frank Yamaguchi al _a „6 -ji6e� �� 860942 DEVELOPMENT STANDARDS USR-748: 86:32 Billy J. and Donna J. Christian 1. -The Use by Special IReview permit is for a furniture manufacturing facility as submitted in the application materials on file in the Department of -Planning Services and subject to the Development Standards stated herein. 2. The Use by Special Review permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to -others. 3. The Use by Special Review activity shall be conducted exclusively within the accessory building. Outside storage of items associated with the Use by Special -Review activity, other than unfinished or raw lumber, shall not -be allowed. 4. The applicant/operator shall use, store and dispose of any hazardous materials and wastes in accordance with the EPA and State Hazardous Materials Regulations. 5. No permanent disposal of waste materials on site shall be permitted. 6. The required emissions -permit shall be -obtained from the Air Pollution Control Division, Colorado Department of Health. 7. Fugitive dust, including sawdust and wood chips, shall be controlled at all times in accordance with Weld County Health Department Regulations. 8. The applicant/operator shall comply with all of the Dacono Area Tire Protection District rules and regulations as follows: a. No lumber storage it excess of 10D ,DOD board feet without a permit to outline storage requirements of lire district. b. Fire apparatus roadways shall be open, free of parking, and of -bard surface all-weather travel -to a point within 150 feet of any portion of the building at all times. c. No lumber storage stacks or piles shall exceed ten feet in height. 860942 Page 2 DEVELOPMENT STANDARDS - CHRISTIAN DSR d. Cleanup and removal of sawdust, wood chips and shavings and refuse -from the manufacturing area -and building shall be done daily. e. Burning of wood chips, shavings or sawdust may only be done in approved beating devices designed for such use or in an incinerator designed and approved by the building inspector, the lire district and with approval and permit of the Weld County Health Department. f. "NO SMOKING" signs shall be posted and enforced in the areas where production of sawdust, wood shavings , wood chips or flammable refuse or spray painting or flammable liquid storage is allowed. g. Area around the building and all storage areas shall be kept clear of weeds , trash and debris at all times. h . Approved water supply for firefighting shall Ire established in the area. (This can be accomplished by the agreement with the North Huron Water Board to tap the existing storage tanks with fire department connections for said use. ) i. Portable fire extinguishers shall be installed and maintained at all. times , in accordance with the Uniform Fire Code, Article 10 . (A portable extinguisher within reach of each machine producing sawdust, wood shavings or wood chips, in storage areas and in paint application areas. ) j . She paint room shall mot exceed 3,000 square feet in floor space, unl-ess equipped with an automatic sprinkler or fire protection system. k. The paint -room shall be separated entirely from the rest of the building structure or plant by a minimum two-hour fire resistive fire separation wall and ceiling. The paint _room shall be equipped with self-closing doors of same two-hour fire resistive capability, and doors shall have a minimum opening width of 36 inches. No less than two -exit _doors from the paint room will be allowed. 1. Only lighting approved by the Uniform Electrical Code will -be allowed in the paint room. 86-0942 Page 3 DEVELOPMENT STANDARDS - CHRISTIAN USR m. No open flame or spark producing devices or welding, cutting, or grinding equipment shall be allowed or used in the paint room or in any -area of flammable storage or areas where the accumulation of sawdust , wood chips or shavings are present. n. Proper exhaust or ventilation fans shall be provided in the paint room to remove all vapors, spray fumes, and residue from the area. Fans shall be with filters and filters shall be replaced or cleaned regularly as required. o. No more than 30 gallon-s of flammable liquids shall be stored in the paint spray room at any time, unless the area is made inaccessible to the public, and then the storage limit may be 60 gallons of flammable liquids at any one time. If the paint spray room is equipped with an automatic fire extinguishment system, the 60 gallon limit will apply even if the room is accessible to the public. p. All flammable liquids in excess of the amount above listed shall be stored in an area separate of the manufacturing plant or building in an approved and secured storage area, in accordance with Uniform Fire Code requirements. q. No open flame heaters , devices , appliances, spark producing devices, equipment, welding, or cutting equipment shall be allowed or used within the area where sawdust, -wood chips, wood shavings Dr other flammable materials or liquids are present. 9. Trash collection or storage areas shall be used in a manner to prevent wind-scattered trash and shall be screened from adjacent rights-of-way and adjacent properties. 10. All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 860942 Page 4 DEVELOPMENT STANDARDS - CHRISTIAN USR 13. Personnel -from the Weld County Health Department, Weld County Department of Planning Services, and IDacono Fire Protection District 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. 14. The Use ty Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15. The property owner or operator shall he 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. 860942 HEARING CERTIFICATION DOCKET NO. 86-59 RE: USE BY SPECIAL REVIEW FOR A FURNITURE MANUFACTURING FACILITY - BILLY J. AND DONNA J. CHRISTIAN A public hearing was conducted on October 6, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Planning Department representative, Debbie de Besche The following business vas transacted: I hereby certify that pursuant to a notice dated September 8, 1986, and duly -published September 18, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of Billy J. and Donna J. Christian for a Use ty Special Review -for a furniture manufacturing facility. Bruce Barker, Assistant County Attorney, -made this matter of record. Chairman Johnson stated this hearing was continued from October 1, when a motion was made and seconded to approve the Use by Special Review, to allow the applicant additional time to review the Conditions and Development Standards presented by the _Planning staff. Arthur Roy, attorney representing the applicant, came forward. He stated that the applicant would like Condition #4 amended to allow 90 days, rather than 30, to obtain a Certificate of Occupancy for this operation. Bob Huffman, Chief Building Inspector, -said 90 days would be acceptable; however, some things need to be completed immediately. Considerable discussion was held concerning the possible requirement that certain items be completed in less than 90 days. (Tape Change #86-70) It was the consensus of the Board that Condition #4 should not be changed. Debbie de Besche, Planning Department representative, said the staff recommends that the outside storage of lumber, allowed by an amendment of Development Standard #3 at the earlier hearing, should be screened by a six-foot wooden privacy fence. Bill Christian, one of the applicants, came fowarsl to object to this provision, explaining his reasons. It was the consensus of the Board that Development Standard #3 should remain as amended at the earlier hearing, with no fencing being required. Commissioner Kirby moved to amend Development Standard #8 to provide that no lumber storage stacks shall exceed ten feet in height. The motion, seconded by Commissioner Trantner, tarried unanimously. On a roll call vote, the motion to -approve the Use by Special Review carried with Chairman Johnson voting nay and all other Commissioners voting aye. i Page 2 CERTIFICATION - CHRISTIAN USR This Certification was approved on the 8th day of October, 1986. APPROVED: n BOARD OF COUNTY COMMISSIONERS ATTESTQ ( : WELD COUNTY, COLO 0 Weld County Clerk and Recorder and Clerk to the Boar J que Cha rman (7,„s3-9 0)r-11 D puty County Cl rk Go cy, ene R. Brantner /Kid11/./ef--4-,1 C.W. Kirby EXCUSED DATE OF APPROVAL Frank Yamaguchi TAPE #86-69 & #86-70 DOCKET #86-59 PL0080 860961 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : OCTOBER 6, 1986 10:00 A.M. DOCKET #86-59 USR-FURNITURE MANUFACTURING FACILITY - BILLY J. & DONNA J. CHRISTIAN DOCKET # DOCKET # PLEASE write or print legibly your name , address and the DOC (as listed above) or the apalicants name of the hearing you are attending. N??1E ADDRESS HEAPING ATTENDING 154 CAA; sD4N _ it' we-41 V 7 October 1, 1986 Weld County Board of Commissioners Sincer Mr. Furrer and myself cannot be physically present today, this letter he=reby acts as our voice regarding the matter of Mr. Christian's furniture business. We, Mr. Furrer and myself, as well as others in this community do not oppose him operating his busines, as since he arrived here he has operated same in a professional and orderly manner. His premises is an asset to the area un- like many of the chicken ranchers who are allowed by this county to operate their business so deplorably that there are flies and rats. If you will compare his operation to those of the chicken ranchers, there is no question as to whether he should be allowed to operate. We in the com- munity vote an unequivocal YES for Mr. Christian. Mr. & Mrs. Adolph W. Furrer //1/6-to y-2",./2„0,41 yZ./LZ 1 E EXHIBIT y'�{ ,_-/- -'(, / 9 S St ,. • nom-4L_ c ihLe:: /. a 4 k! tt yyff�-- /4 ' 1 T a ,1/allCx`zA-, Ce i,- Li/ etL` Ll.S• R - 7 yk'- lam- .:z CSC-9..TC.� t .71-t yL?- ,�YYt jjJeli -./ .C2L..,. 1 2zti- if- ' '. ,--C.G.J.-e-CA.11i ....je-. -4,..-•-••- 1-4.-4.-&-tirt_. „....a..J.-ept-r-e_. • bra 7-,- ib 4._c_e e. c._ont )t/k 2L.L.C . ..r.....„.4 -te.—. �r �� „`.`± - _it/Lk-It , .` 1 �{L nt.--- ( �..L -� crnC'_-. ?Jim. --,4 -GIi .f1.t,-_IL,uF.4 J '&— rt 1 w ,e�.��//1 ). _ -j<4) �C. c.z._��- .�-. - •art-el.. 0 ... fLt .art.c .... u.n.e... 7 /L'-L.[,d.-G ��x.dQ, .fw'L !LT{-e+Q �c-2r_tk..rK.v,..tJl„ -.c,"m- •c' .j`-�.- r-L.G'-' ✓ f /L�� L ei1 GJ L i'J i'Z -r-uJt�.. .LNa.�� •'L`-e h,e/ ,�e�l�l_4.d:.. //""'')) j/� f� , J l..t,a.r —4. tC 13-4-z- ccr _4. _ / te..-cat. .-GC_ i C., i sp St----/ 3.41 16' 7e«, -01 4j 4J- .. ; gyLL. e.:.4,-.-' September 30, 1986 Weld County Commissioners 915 10th Street First Floor Greeley, Colo. -APPLICANT Docket No. 86-59 Billy J. and Donna J. Christian 873 Weld County Road 7 Erie, Colorado 80516 Veld County Commissioners Dear Sirs: This is in regard to the furniture manufacturing facility located two (2) properties south of our -home. This light industrial operation does not interfere with our environment with this community. -As residences of this area for over 14 years, we have no objections to this -business to operate in its present state of business. This business does not have any health hazards andproperty depreciation, compared to other businesses in the area. Sincerely, �-- Shirley & Ronald Duke 1013 Weld County -toad 7 I EXHIBIT Mr & Mrs Roland G. Murren 844 Weld County Road #7 Erie, Colorado 80516 (303) 665-6665 September 9 , 1986 Chambers of the -Board of County Commissioners of Weld County, Colorado Weld County Centennial Center 915 10th Street First Floor,Room 342 Greeley, CO 30631 Case # : USR-748 :86 :32 re: Billy J. and Donna J. Christian Use by special review permit for a furniture manufacturing aci lit y Legal Description: Lot 2, ranch eggs : part of the N% NE3 of section 33 , TIN, R68W of the -6th P.M. Weld County, Colorado. Location: East of Erie , West of Weld County Road #7, and south of Weld County Road 4 Mr & .Mrs Billy J Christian are requesting a Special Review Permit in Weld County. Our residence is almost directly across the street and there is no objections for Mr & Mrs Christian to continue in the operation of their furniture manufacturing business_ This type of business is clean and without odors to harass or 'disturb the neighborhood, as we are plagued faith flies, burning chickens, and the cleaning of chicken barns, to the point where a backyard barbeque is impossible on weekends. Sometime the odors are to the paint the windows have to be closed_ Lt' s a pleasure to have this type of business in this neighborhood that does not contribute to the already mammoth problem. Eli IS I T You very truly, G / b‘ � /c, �= t J/ � / `^- Mr. & Mrs Roland G. Murren EXHIBIT • J b October 1, 1986 Weld County Commissioners Weld County Greeley, CO Dear Sirs: As residents of Ranch Egg Estates Subdivision, we -strongly request you to favorably consider the petition of Bill and Donna Christian to operate a wood working shop at 873 Weld County Road 7, Erie, Color-ado. Our reasons -are as follows: 1 . This small -business is 4one entirely within the confines of the "shop" building. No unsightly equipment or piles of materials or other debris degrade the property as viewed from the road or any neighbors' house to the best of our knowledge. 2. As this area has had a history of small family -businesses since its inception, the Christian's wood working shop would not devalue the surrounding real estate. It is highly likely that it would enhance values because it is clean and non-polluting to our air and ground water. Also, the sawdust and shavings, residual by-products of the factory, do not create a health hazard by attracting rodents or other vermin into the neighborhood. In conclusion, we would like to bring to the attention of the Board of Commissioners the fact that a number of the original chicken ranchers have unfortunately gone out of business and their buildings stand empty and inviting to vandals, vagrants and other undesirables. Your approval of the Christian's small family business could conceivably help the residents of Ranch Egg Estates find other uses for the existing facilities on their land, thus helping our area out of its present stagnation and into new growth. Needless to say, there could be an increase in our tax base and ultimately tax benefits to the county. We hope you will reach a favorable decision for Bill anmd Donna Christian. 4pectful 6u e'n Ll d• eiollit c am. Donald L Rersc acher Eileen A Perschbacher 3411 Johnson Lane Erie, CO 80516 EXHIBIT /oh /kt September 30, 1986 Board of County Commissioners Weld County, Colorado Docket No. 86-59 This letter is in reference to the "Use by Special Review" for a furniture manufacturing facility requested by Billy J. and Donna J. Christian. Whose property is located at 873 Weld Co. Rd. 7, Erie, Colorado. As my job prohibits me from attending this meeting in person, I would like to comment by letter. My property borders the Christians' property directly to the North, which is 923 Weld Co. Rd. 7, Erie. I was the first resident in this subdivision as of June of 1966. The community was designed by Lester Yoder to be a family owned egg orintated business. As we all know there have been many deviations from the original concept. In recent years the egg price has been bad and most of the small original sized buildings had to be abandoned as there is no possible way to make a profit or break even. Therefore we have a situation where you have a building which needs to be insured and tax to be paid. Its my feeling that these facilities should be put to some beneficial use. The one criteria of consideration to be maintained is that -whatever use, it does not interfere or infringe on the rights and well being of ones neighbors. As a next door neighbor to Mr. Christian, I have no problem whatsoever with his furniture factory. 'There is no noise as-sociated with the facility and the area is clean and well maintained. There has been no excess road traffic associated with this facility as there has been with severeal other ventures in this area. Mr. Christian has my total approval for his venture. Thank you, J. L. Zweck �•�lireici" . ice‘ue ,f ? co F.O77( NOTICE Pursuant to the -zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a -public hearing will be held in the Chamber-s of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th _Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may -be heard. Should the applicant or any interested -party desire the presence of a 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 1, list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified 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. 86-59 Billy J. and Donna J. Christian 873 Weld County -Road 7 Erie, Colorado 80516 DATE: October 1, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Furniture manufacturing facility LEGAL DESCRIPTION: Lot 2, Ranch Eggs Subdivision, located in the Ni NEl of Section 33, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: September 8, 1986 PUBLISHED: September 18, 1-986, in the Johnstown Breeze ,ExmM,T G ¢ AFFIDAVIT OF PUBLICATION xotx THE JOHNSTOWN BREEZE Pursuant to the• laws of STATE OF COLORADO ) e State of ( o in the Weld County 7i Ordinance, 1 Ss a public hearatp be held in COUNTY OF WELD ) the Chambers 01,the Board of County Commiasloners of Weld 1, Clyde Briggs, do solemnly swear that I County, Colorado Weld County Centennial Center, 915 10th am publisher of The Johnstown Breeze; Street First Floes, Greeley, that the same is a weekly news er Colorado, the,i time ainner printed, in whole or in part, and published Interested In the Use by Special Review are requested to attend in the County of Weld, State of Colorado, and may be heard and has a general circulation therein; that Should the applicant or any said newspaper has been published interested party desire the continuously and uninterruptedly uninterru tedly in said presence of a court reporter to make a record, of the pro- County of Weld for a period of more than ceedings,in addition to the taped fifty-two consecutive weeks record which will be kept during Y- prior to the the hearing, the Clerk to the first publication of the annexed legal notice Board's Office can be contacted for a list of court reporters in the or advertisement; that said newspaper has area If a court reporter is been admitted to the United Slates mails as obtained,the Clerk to the Board's Office shall be advised in writing second-class matter under the provisions of of such action at least five days prior to the-hearing. The cost of the Act of March 3, 1979, or any engaging a court reporter shall amendments thereof, and that said be borne by the requesting party. newspaper is a weekly newspaper duly BE ITALSO KNOWN that the text and maps so certified by the qualified for publishing legal notices and Weld County Planning Commis- advertisements within the meaning of the sion may f thbe Cl examined t Boar the laws of the State of Colorado. County Commissioners, located In the Weld County Centennial That the annexed legal notice or advertise- Center, 915 10th Street, Third ment was published in the regular and Floor, Greeley, Colorado. entire issue of every number of said weekly DOCKET NO. 86-59 APPLICANT newspaper for the period of I consecu- Billy J. and Donna J. Christian tive insertions; and that the first 873 Weld County Road 7 Erie, Colorado 80516 publication of said notice was in the issue of said newspaper dated fl.-7..4i., A.D. lb... DATE: October 1, 1986 and that the last publication of said notice TIME::2:00 P.M. - was in the issue of said newspaper dated REQUEST: Use by Special A.D. 19 Review — Furniture manufactur- ing facility • In witness whereof I have hereunto set LEGAL DESCRIPTION:- Lot 2, my handsthis 2-6 day of gy Ranch Eggs Subdivision, located A.D. 19.?f6 in the NYs NEy of Section 33, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado I BOARD OF COUNTY Publisher COMMISSIONERS WELD COUNTY, COLORADO BY: MARY R ANN N Subscribed and sworn to before me, a FECOUNTY CLERK AND Notary Public in and for the County of RECORDER AND CLERK TO THE BOARD Wel , State of Coloradg, this .j.. day of TO THE BOARD A.D. 1 BY: Mary.Reiff, Deputy DATED: September 8, idirsiset / Val PUBLISHED; September 18, L( '' " 1988; In the Johnstown Breeze Notary Fubiic. My commission expires My ,., ss" ' i ., n.,In,a 14, ,4:r 2 'ioutb Parreh ve-.,:€ lrrl,nstovV', n AFFIDAVIT OF PUBLICA LION State of Colorado County of Boulder NOTICE Brad E. Zimmerman do Pursuant to the zoning laws of the State of Colo- redo and the weld''County Zoning Ordinance, a solemnly swear that the LONGMONT DAILY TIMES CALL is a public o Coui*y ommi be held in erths of Chambers of Board of Gourley CoCounty Centennial enn Center,County, Colorado, FirstWeld Floor,ohry of a ,at the daily newspaper printed, in whole or in part, and published in im specified. .All persons inGreeley,Colorado, the inter- estedtime an the Use by Specias i e ley manner the City of Longmont, County of Boulder, State of Colorado, and to in the by b heardtevlew are requested Should attend and may applicantb heard. de- which has general circulation therein and in parts of-Boulder and thepresence f or any interested re party a ec thethe of court addition nr t e make d Weld Counties; that said newspaper has been-continuous) and rerecord ofw is proceedings,ilkptm tememthe �' Clerk which will be kept during the hearing,for the uninterruptedly published for a period of more than six months lit of to the Board's reporters t can e . If ftactou a pot is courtobtained, the in the area. ar 's Office Bee next prior to the first publication of the annexed legal notice of shall be advised in the Clerko ch Board'sleas shall ay apioor in the ag of such action at leas-' advertisement, that said newspaper has been admitted to the five days prior to rs hearing.ll The cost of engag- advertisement, a court reporter shall be borne by the request- ing United States mails as second-class matter under the provisions ITrAL BE IT ALSO KNOWN that the lant and om so of the Act of March 3, 1879, or any amendments thereof, and that sion by the examined nld the office Planning Clerk o then may reCounty in the sio of the Clerk to said newspaper is a daily newspaper duly qualified for the Board ofCounty Commissioners,Cente, located in the Weld Fl Centennial l lortdo 915 10th publishing legal notices and advertisements within the meaning Street,Third Floor,Greeley,Colorado. DOCKET NO:16-59' of the laws of the State of Colorado;theta copy of each number of APPLICANT Billy J.and Donna J.Christian said newspaper, in which said notice of advertisement was 873 Weld County Road Erie,Colorado 80516 published, was transmitted by mail or carrier to each of the DATE:October 1,1986 TIME:2:00 P.M. subscribers of-said newspaper, according to the accustomed REQUEST: _Use by Special Re31ew — Furni- ture manufacturing facility mode of business in this office. LEGAL DESCRIPTION: Lot 2, Ranch Eggs Subdivision, located in the NEVG of Section 33,-Township 1 North, Range 6 68 West of the 6th P.M. County, That the annexed legal notice or advertisement was publishedBOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO BY:MARY ANN FEUERSTEIN in the regular and entire edition of said daily newspaper once; COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD and that one publication of said notice was in the issue of said DATED: September e,19 Mary Reiff,Deputy Published in the Daily Times Call, Longmont, newspaper dated September 20 , 19 8 6. Colo.Sept.20,1986. s Business Manager Subscribed and sworn to before me this 2 0 t h day of September 19 86 v�tary-Public .+°T"Rr c, My Commission Expire October 6, 1989 2 4 . 5 0 717 - 4th Avenue FEE puBL�c Longmont a a 'r Colorado 80501 Mr & Mrs Roland G. Murren 844 Weld County Road #7 Erie, Colorado 80516 (303) 665-6665 September 9, 1986 Chambers of the Board of , W County Commissioners of D ; +f} Weld County, Colorado (- Weld County Centennial Center SEP 181986 915 10th Street First Floor,Room 342 Greeley, CO 80631 u Eat? cot9 Case # : USR-748 :86 :32 re : Billy J. and Donna J. Christian Use by special review permit for a furniture manufacturing facility Legal Description: Lot 2, ranch eggs : part of the NZ NE4 of section 33, T1N, R68W of the 6th P.M. Weld County, Colorado. Location: East of Erie, West of Weld County Road #7, and south of Weld County Road 4 Mr & Mrs Billy J Christian are requesting a Special Review Permit im Weld County. Our residence is almost directly across the street and there is no objections for Mr & Mrs Christian to continue in the operation of their furniture manufacturing business. This type of business is clean and without odors to harass or disturb the neighborhood, as we are plagued with flies, burning chickens, and the cleaning of chicken barns, to the point where a backyard barbeque is impossible on weekends. Sometime the odors are to the point the windows have to be closed. It' s a pleasure to have this type of business in this neighborhood that does not contribute to the already mammoth problem. You very uly, Mr. & Mrs Roland G. Murren DATE: September 8, 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections , we have tentatively set the following hearing for the 1st day of October, 1986 , at 2: 00 P.M. Docket No. 86-59 - Billy J. and Donna J. Christian , USR-Furniture manufacturing facility OFFICE OF THE TO THE BOARD BY: �Cl/'1/. CLE 9Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO aired 4.7 ,l V/M/7 F OFFICE OF BOARD OF COUNTY COMMISSIONERS ?HONE(303)356-4000, EXT 4200 F_BOX 756 GREET.EY,COLOR°DO 6063? • COLORADO August 25, 1986 04 N1 SEP 21986 Billy J. and Donna J. Christian c � t L -- ,' 873 Weld County Road 7 r, up.J`' Erie, Colorado 80516 Dear Billy and Donna Christian: Your application for a Use by Special Review permit for a furniture manufacturing facility has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as Lot 2, Ranch Eggs Subdivision, located in the Ni NEq of Section 33, Township 1 North, Range 68 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 then 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 September 10, 1986. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO IRMAN 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. Sy/ ./r) X/t/a,l ^r f� OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT.4200 F.G. BOX 758 GREELEY,COLORADO 80632 COLORADO August 25, 1986 Billy J. and Donna J. Christian 873 Weld County Road 7 Erie, Colorado 80516 Dear Billy and Donna Christian: Your application for a Use by Special Review permit for a furniture manufacturing facility has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as Lot 2, Ranch Eggs Subdivision, located in the Ni NM; of Section 33, Township 1 North, Range 68 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 then 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 September 10, 1986. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO IRMAN 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. , .. E J H q Q o H g o J v) r-- J O O m P. ¢o d a crx °ai u7 cc °;� 4,- Z D+ •O a) 3? N U o w Q Z 4 m a°o≥ $Om ami �"l d CC w� m O cc m LL o� �° a \-% O z? -• rtl V I y °1 oy R m ri h- ¢o<C CC q p '�, :12 m .�Q `n o` a W LO w LL 0 9O m'�me Va Q Q H t\ W m— 3 ., 6 T. To ti co co -J `'3 )6; n d m 3 dig O o Pl 00 W U co ¢ ° ern I- a J'S'll * Z86L .40J `0080 II-1103 Sd i it 11711! 1 1 i 4 4 if 11 i gib � ^ `� a lPir a= v Q ALL $ z >4 � (� �. az ; � A, g2 lif;; II g 44 fh' or -1 w W 1 • si . wIvicIxixri PS Form 3811.July 1983 447-845 ra�77'7T---- dy DOMESTIC RETURN RECEIPT Summary of the Weld _County Planning Commission Meeting August 19, 1986 Page 3 • .8y/ CASE NUMBER: USR-748:86:32 APPLICANT: Billy U. and Donna J. Christian REQUEST: Use by Special Review permit for a furniture manufacturing facility LEGAL DESCRIPTION: Lot 2, Ranch Eggs Subdivision: N} NE} of Section 33, 21N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles east of Erie; east of Weld County -Road 7 and south of Weld County Road 4 APPEARANCE: Authur Roy, Attorney, represented the applicant. He reviewed the history of Ranch Eggs Subdivision. The Christian's purchased this property approximately one year ago. However, the furniture manufacturing business has been taking place ou the property about three years. Six people are employed. There is a fence factory, machine shop, and a tool shop within the subdivision. All neighbors within five hundred feet have singed a petition in favor of this request. They have reviewed the recommendation of the Building Inspection Department and intend to comply with these recommendations. Billy Christian, property owner, stated he will comply with the building code and the fire district's recommendations. He has not added any buildings to the property. The -buildings were on the property when he bought it. There is no heat in the building, and saw dust and -scraps are cleaned-up daily and removed from the property. Tape 248 - Side 1 The Chairman called for discussion from the audience. -Gene Woznick, surrounding property owner, reported this operation has never been a problem. There is no noise, dust, or odors. Most of the lots in the subdivision have large outbuildings, i.e. , sixty by one hundred forty feet, that formerly were used as chicken houses. This area is definitely in transition. He would like to see business allowed in this subdivision, but he would not like to see the zoning changed. He would like to see the County act on each case on an individual -basis. Also, the property owners are in the process of forming a homeowner's association. Richard Sheetz, surrounding property owner, has lived in Ranch Eggs Subdivision for fourteen years and they have no complaints regarding the furniture business in the area. It helps the economy in the area. He would, however, not like to see the subdivision rezoned because some of the neighbors do want to continue to raise chickens. ,EX/t/7311 L72 .. �... '. ._ _. ._. .. Summary of the Weld County Planning Commission Meeting August 19, 1986 Page 4 Chuck Portz, surrounding property _owner, stated he -would like to see the area remain agricultural and to let the -County decide what businesses -could be there. -Most people want to be able to have a few farm animals. George Struble, surrounding property owner, is a present egg Producer and if they let industrial businesses come in it would not be easy to sell their property. He felt the property should not be rezoned and he does not want to see industry come into the area. He would not like to see any businesses in the area which would cause vibrations and upset his chickens. Bill Mueller, surrounding property owner, felt some of the businesses that have come into -the area are an asset to the -community. The property has been cleaned-up and the businesses are a real asset to the subdivision. It is his feeling an intense chicken _operation is also a commercial in an agricultural zone. Lila West, surrounding Property owner, stated they have seventeen acres snd have never had livestock or chickens. They live across the road from -Ranch Eggs Subdivision they do not reside in Ranch Eggs itself. They ere not always able to enjoy the area because of odors, dust, flies, etc. They feel light industrial businesses in the area are preferable to the chickens when the area is not kept clean. The Chairman asked Debbie deBesche to read the recommendation of the Department of Planning Services into the -record. -The -Staff's recommendation is :for denial. MOTION: °' Lynn Brown moved Case Number USR-748:86:32 for :Billy J. and Donna J. Christian for a Use by Special Review permit for a furniture manufacturing facility be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for -denial based upon the recommendations _of the Department of Planning Services. She sympathizes and realizes that there is a great deal of transition going on in this area, and she is certainly aware that every case sae have had dealing with Ranch Eggs has been, in _one way or another, extremely controversial. However, we have to judge this rase based upon the specific criteria for a Use by Special Review, and this clearly does not conform to the criteria -we need to work -with. She also has concerns that by allowing increasing industrial usage in this area, which -is zoned agricultural, we may lust be creating future problems and compounding what is already a somewhat difficult situation. Motion seconded by Lydia Dunbar. The Chairman called for discussion from the members of the Planning Commission. Discussion followed regarding the transitional and economic state of this subdivision. f Summary of the Weld County Planning Commission Meeting August 19, 1986 Page 5 • The chairman asked the Secretary to poll the members of the Planning Commission for their decision. -Lydia Dunbar - Yes; Doug Graff - No, because he has seen, over the past year or two, some fairly difficult -situations that have come to use from this particular subdivision. As he reviewed the standards, by the letter of the law, -maybe this application does not fit each and every category, but certainly there area lot of them that it does fit. It can be and has been compatible with the existing and surrounding things that are going en out there. There have been provisions for the health, safety, and welfare of the inhabitants and the neighborhood. There are a number of these items that it _does lit into, and there are some that it floes not. Based on what he feels to be happening in this -area, he has to vote no. Louis Rademacher - No, he agrees with Doug Graff. Also, he did an on-site inspection en this request. There are many vacant chicken mouses -sitting 3n the suhdivision. If they can't make a living raising chickens, maybe they can put the buildings to another use. It may be that the zoning - will have to be changed. Jack Holman - Yes, because of the fact that it is still zoned agricultural we teally can't allow industrial or commercial uses in the subdivision. These should be somewhere other than _in an agriculturally oned subdivision. He does agree that the area is going to have to change, but we are going -to Lave to leave it up to the people in the area to -request a change of zone to accommodate these type of business before we should allow industrial -operations in there. Be agrees with Lynn Brown, that once we allow -commercial/industrial types -of uses in the subdivision there - would be no end to how many other places would request these types of businesses. Motion carried with three voting for the motion and two voting against the -motion. CASE NUMBER: USR-74-9:86:33 APPLICANT: S & M Manufacturing, Inc. , (H.W. and Donna M. -Mueller) REQUEST: Use by Special Review permit for an accessory building larger than 1,500 square feet in a platted subdivision and a home business LEGAL DESCRIPTION: Lot 2, Mock 2, Ranch Eggs Subdivision, Second filing: NW} of Section 34, T1N, R68W of the 6th P.M. , Weld County, Colorado LO-CATION: Approximately 2.-S miles mast of Brie; west of I-25 and north of Weld County Road 2 APPEARANCE: H. W. Mueller, property owner and applicant, -reported he has a tool and die shop -which has been in production for about three years. His daughter it his only employee other than himself. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OR RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by _Lynn -Brown that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Wfl, A Planning Commission that the application for: { % f'YY� fgg roCnrC,Lit I CASE NUMBER: USR-748:86:32 f1, 1R Si AUG 22 , _ NAME: Billy J. and Donna J. Christian 1986 / ADDRESS: 873 Weld County Road 7, Erie, Colorado 80516 Z)�1 ELEY. CQLo. REQUEST: Use by Special Review permit for a furniture manufacturing facility. LEGAL DESCRIPTION: Lot 2, Rauch Eggs -Subdivision located in the Ni NE} of Section 33, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles east of Erie, east of Weld County Road 7, and south of Weld County Road 4. Be recommended unfavorably to the Board of County Commissioners for the following reasons: The proposal is not consistent with the intent of the Agricultural Zone district. The Agricultural District is intended to provide areas for She conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other incompatible land uses. Furniture making is not an agricultural use and is not compatible with uses allowed in the Agricultural District by right or as a Use by Special Review. The proposed use is not compatible with the existing surrounding land uses. In 1966 Ranch Eggs Subdivision was created to allow a rural residential setting along with egg production. At present, a number of the lots are still in egg production with single iamily dwellings. The staff Aetermined that the -manufacturing of furniture exceeds an accessory use -and does not qualify as a home business or a home occupation. Approval of this -proposal would increase and intensify the existing incompatibility of land uses within the neighborhood. The proposal is not consistent with the intent of the Weld County Comprehensive Plan. As stated on page 64 of the plan: "Zoning for industrial use iu areas outside the areas covered by the comprehensive plans of the existing municipalities -shall be encour-aged only for low employee concentration, agriculturally related industries or other industries that can show they cannot reasonably be accommodated within the area covered by the municipalities' comprehensive plans." To allow such a use to locate in a rural residential area is not sound and orderly urban growth, and -evades the intent of the Weld County Comprehensive -Plan. 23 Billy and Donna Christian USR-748:86:32 Page 2 The proposed use is not compatible with the future development of the surrounding area as permitted by the Agricultural Zoning or with the future development as projected by the master plan of Erie. In a letter dated July 24, 1986, Henry M. Epstein, Director of Community Development, recommended denial of this request due to the incompatibility of the proposal with the area. There is not adequate provisions for the protection of the health, safety and welfare of neighborhood and the County. This proposal is considered to be an industrial use and unsuitable for the Agricultural Zone as a Use by Special Review. The industrial zoning is design to accommodate this type of use and provide a healthful operating environment for such uses. A Furniture manufacturing facility should be located in an Industrial Zoned district and the staff strongly recommends -denial of this proposal. This recommendation is based in part, upon 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. Motion seconded by Lydia Dunbar. VOTE: For Passage Against Passage Lydia Dunbar Doug Graff Lynn Brown Louis Rademacher 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. 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 August 19, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 20th day of August, 1986. C\o oc+l Bobbie Good Secretary INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number V 5/e 797/16,30..,. Submitted or Prepared Prior to Hearing At Hearing 1. Application Ifs Pages 2. l.9 Application plat(s) / page(s) 3. DPS Referral .Summary Sheet 4. PPS Recommendation ✓/ • 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List i✓/ 7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 7/ 9. DPS Case Summary Sheet 10. DPS Field Check 11.J,AL iptryn 1 dz144/ fit 9, '92,7{0 //t-7r) x9 moo/ Aline 5, 19so 13. ifinu pan Zile ,G-e d deli gn o2gl9t4, 14.intyyrw u 15. -4911 doc 1Lc f rGY�� u0 7 Oo PM 16 A U m ,(0scenv , /01-b4 I)' )dam 9 Oro, ite- 1 /J � 83/7- 18. 17. �I h () it /1 �� //,�,zi A I 1 la [� 11 /Il�/A "'�U'�/S Mr• Mal e41106,06-;YLAI CielltdA+21;/93-", 20. _,.� -�/ n`d ilt✓tl?.FY C.4R.,t.61.. 64.1 < , � Caa ��ax. , t�r.) J, a y1 1!',=yfn°s °2/11 tq I hereby cei y hat t e �Q ite 'ide t herein were submitted to the Department oPitAini Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items wer forwarded to the Clerk to the Board's office vn -c2 19 . • 22. /g at ti �� Current Planner STATE OF COLORADO ) COUNTY OF WFLD ) v.0\Z"L"' DAY OF SUBSCRIBED AND SWORN TO BEFORE ME THIS „ uA � � 19$10 SEAL • NO ARY PUBLIC ..,.:�..� r-!., n, ,29 ,-�,^,: a MY COMMISSION EYPIEFS h�`7 "` �� EXHIBIT INVENTORY CONTROL SHEET Case t 5E �,1�s li,d,t v Exhibit Submitted By Exhibit Description 4/4 ^e�11 //� ,v [ A. /"- '.47.030- "�1��7�ii?.�J� Vy,e4o.r...-/ .¢14-I/�l�'.!_7lo�i / /dlo B. i .a h4 .ti C. frg iii�La1?p d27 $222e2.4 D. C24..ter...42 Se(44/1,e(_ ‘ /..."Es _4", 40,44ea.-;e' .-6 E. 4/et--frH-e" 0re.1 . goo n' F. (..t / erA-,e6 i S'�CCULc7 i ��y,2 d� / f i H. � ;,'.!-� /�/�^ice .. � / � ,. � � �!c' : QJL . /� 1 /r Viii• 11/4)74 av J. ( Oa L1 , i4) // V 1 / K. ; ) ) ?To,jelitkv,1/4.) ath l/ L. cf'vw&Qt G n y n 1/ 04 G 0 i N ?1(v 9- o at r- / 1 ,-.A RD 0. wirtylin tr y 4?P+M1 July 28, 1986 l: JUL 3 1-1988 f1 fi La ) Weld County Board of County Commissioners "j```=Y >�u. 915 - 10th Street Greeley, Colorado 80631 Weld County Planning Commission 915 - 10th Street Greeley, Colorado 80631 Re: Case No. USR-748:86:32 Billy J. and Donna J. Christian: Applicants Special Review Permit for a Furniture Manufacturing Facility Township 1 North, Range 68 West Section 33: Part of the N/2 of the NE/4 Ladies and Gentlemen: Champlin Petroleum Company owns the oil and gas which underlies the NE/4 of Section 33, Township 1 North, Range 68 West, Weld County, Colorado, a portion of which is the subject of the above-referenced applica- tion for special review permit. I understand from a telephone conversation on July 28, 1986, with Debbie de Besche, Planner for the Weld County Department of Planning Services, that the acreage which is the subject of the special review permit application is located in approximately the NE/4 of the NE/4 of the N/2 of the NE/4 of Section 33, that only approximately 4. 2 acres is included in the application, and that the -entire NE/4 is currently zoned agricul- tural . I understand further that the structure which the applicants wish to use for the furniture manufactur- ing facility is already located on the acreage. In that the subject of the application includes only 4. 2 acres of land and that the owner or lessee of oil and gas in the area has the right to drill one well on approximate- ly every forty acres in accordance with current Colorado State Oil and Gas Conservation Commission Rules and Regulations, it appears that Champlin' s rights to Weld County Board of County Commisioners Weld County Planning Commission July 28, 1986 Page 2 develop its oil and gas will not be substantially affected by the approval of the special review permit application, and, therefore, Champlin does not object to the application. I wish to note, however, that the oil and gas estate is the dominant estate and that Champlin wishes to preserve all the rights that it has to produce the oil and gas which is located under the acreage in accordance with government rules and regulations. Very truly yours, Mo ly Sommerville MS: jaj cc: B. J. Westerdale R. M. Moss D. de Besche T. W. Linguist • X/5,r,'1 r JCL_ PETITION READ CAREFULLY BEFORE SIGNING TO: WELD COUNTY COMMISSIONERS AND WELD COUNTY PLANNING COMMISSION RE: APPLICATION OF BILLY J. AND DONNA J. CHRISTIAN USE BY SPECIAL REVIEW CASE NO. 748:86:32 SUBJECT PROPERTY: Lot 2, Block 1, First Filing, Ranch Eggs Subdivision, a Subdivision of Section 33, Township 1 North, Range 68 West, of the 6th Principal Meridian, Weld County, Colorado; Once-a-Tree Furniture, 873 Weld County Road 7, Erie, Colorado 80651 • We, the undersigned, whose addresses are shown opposite our respective names, being residents of the neighborhood and residing within a distance of greater than 500 feet of the subject property, do hereby support, endorse, and urge the approval of the application of BILLY J. and DONNA J. CHRISTIAN for a Use By Special Review to permit the operation of a furniture manufacturing facility within the 5,000 square foot building located on the subject property, and employing not more than 10 employees. We state further that such an operation has existed on the subject property for a period in excess of 3 years and is, in our opinion, compatible with the neighborhood, the existing uses in the neighborhood, and the existing zoning of the neighborhood. Printed Name Signature Street Address 1'lt4& /;Asvc L / az ___;<---' 9 71 2 7t z U / 7 6 - /9-v c. \.ak- Gar, : " '" 1. ,' 1 4 2 Z6;742 /71 <i i..41--e_, K / , 2 if int '�r'',cl F e,."u 1.'' > rCA i�/i.�//_ it frile-wi//- .<;j,1b'/.G'gGluti /,C/_erk it 1L+-.e eaz41,— a,�y//�' /A, j r1/k�/,e�r,G-- ( 1 , �,Woo .�,/Cti ;/�, .t r //�� c� ? C� lr.%� °fir /i El7 5 e i 1.n°, f�v� ... -71� -71. �i �� 1;Z:`) , , LUE_L) c�-,_pi— 7Elr;1r_ (. =��kQ( �u#�t t; �F ' csA �( ,� ,s.vL_ ('.�r\ 1C f 7 `d?a- _'C3 l.iit»r..c t' i/� Ii4/k,c ` ��f ��. . Lt 2! ''� / e �CALC I /S`I/ L� � . ELL; l �/!; C.L.. -v: Al�.l '!,.q, (. tri17 T ----e K2 ' i —SAT (1/�c nt'-4-✓ i /- :.'�jl L _ )`tO (Ai 175 Pr e. rocgo ((v I �/ it it Ate` lady G'-,& i) 2 !/,^ '7 C;�, (-A k�;C/L_ y [i E // l G'io'•,tJ.s(,_-� tile.“a nee( -� �i.�C� � J e f7 iN`n co �C 6 s/U i'�^,�/ 5.,4- 7}/ —Z '-r 7 11 , ) 1 3// J ) 0 7ir s ;/,1j -'li1 d' 0 21 (. <4.7-4;H 61 6r to -ffitli S �r�/ /63 --,2e ea`fl i , _ r/¢ 1 L/ / j r4k `etc-c 6 .:,f Kra O . re)-S / Fa „��;� �'�,�lt--Cc12 , .� SIC / _�zC- G��,ice. �a ,j_? 1 . ='U`-.�-' ("26,- L&'_ Ds l' /& LL Ut - ) �CL ` �, :Y s%'(. j it&alt. ) ,,Ati C�/-Ct /'C%'v G C1 .fL- The undersigned hereby certifies that (he/she) personally circulated this page of this petition and per- sonally observed the signature of each of the above. t) 5,"ti, aa, PETITION READ CAREFULLY BEFORE SIGNING TO: WELD COUNTY COMMISSIONERS AND WELD COUNTY PLANNING COMMISSION RE: APPLICATION OF BILLY J. AND DONNA J. CHRISTIAN USE BY SPECIAL REVIEW CASE NO. 748:86:32 SUBJECT PROPERTY: Lot 2, Block 1, First Filing, Ranch Eggs Subdivision, a Subdivision of Section 33, Township 1 North, Range 68 West, of the 6th Principal Meridian, Weld County, Colorado; Once-a-Tree Furniture, 873 Weld County Road 7, Erie, Colorado 80651 We, the undersigned, whose addresses are shown opposite our respective names, being residents of the neighborhood and residing within a distance of greater than 500 feet of the subject property, do hereby support, endorse, and urge the approval of the application of BILLY J. and DONNA J. CHRISTIAN for a Use By Special Review to permit the operation of a furniture manufacturing facility within the 5,000 square foot building located on the subject property, and employing not more than 10 employees. We state further that such an operation has existed on the subject property for a period in excess of 3 years and is, in our opinion, compatible with the neighborhood, the existing uses in the neighborhood, and the existing zoning of the neighborhood. Printed Name Signature Street Address < rtkPkES F., JnAtz_ 3ii � 4, SoSI‘ at/AlI h fcescrle/cHe71 - / 747-4- 7 _1- :3S// -.l EP 1i; a41 WC x "NNETAf f 'kw/Ex � ? 33n Adr l tagT576 AlA1,G ( , c Li"2ll,4 ! ,_ n k 4--ent11 / yogi . RE A , CEC'ic:E J57,957,9zi) C,P 7 C`40i-C� Fos-it 12 1)08r/2r ,L . GKAteE, /2614_ , ,y(Fey, 5ci3 buC e rJ -c , cii $'en�b 14 4A.gr/i/ d, p/490011,00(01 -1141 0....4 ear, -S9 9 u0: e-12, J1 2,u' . . &i t'cis/,�, A) ��: ,p._ 4 ,32_Po vb1k3r`:�.w Lk,k,_ ,� CA) 1 la?. W. d Rol fri P tel. koS7 6 k�/J-1 ,sa l74-&-.7o S P J5'2 S" ~ /fyC: �iy LCi -1--14 f ki ES fc G", . , ��a l 04aO / 7�z� C�Lc.. r, /��.:mot. ' Ay> /G'cr/ lei, e if>Y` �iu o fit= ,3'a,i L m ,� R 4-s.z �� a Jta r - A i-),; (ti.%` /. / ,1F' ;` i 1,'“ i ✓ ? / UOyIMSO,V /"..A\f c;./ /r. ;i"c 7/ The undersigned hereby certifies that (he/she) personally circulated this page of this petition and per- sonally observed the signature of each of the above. 4 - / eE-,,,f-__: - // L 2` PETITION READ CAREFULLY BEFORE SIGNING TO: WELD COUNTY COMMISSIONERS AND WELD COUNTY PLANNING COMMISSION RE: APPLICATION OF BILLY J. AND DONNA J. CHRISTIAN USE BY SPECIAL REVIEW CASE NO. 748:86:32 SUBJECT PROPERTY: Lot 2, Block 1, First Filing, Ranch Eggs Subdivision, a Subdivision of Section 33, Township 1 North, Range 68 West, of the 6th Principal Meridian, Weld County, Colorado; Once-a-Tree Furniture, 873 Weld County Road 7, Erie, Colorado 80651 We, the undersigned, whose addresses are shown opposite our respective names, being residents of the neighborhood and residing within 500 feet of the subject property, do hereby support, endorse, and urge the approval of the application of BILLY J. and DONNA J. CHRISTIAN for a Use By Special Review to permit the operation of a furniture manufacturing facility within the 5,000 square foot building located on the subject property, and employing not more than 10 employees. We state further that such an operation has existed on the subject property for a period in excess of 3 years and is, in our opinion, compatible with the neighborhood, the existing uses in the neighborhood, and the existing zoning of the neighborhood. Printed Name Signature _6.// Street Address G' 4nJ. fit 0-P-'411 11t- Oa 7P7 i /7 J�,� �` 6 r /mRi- vr� /1u,+�Rcnt ,7 _ !!/ ham J " !6 //is 7 /�- L-L, ;did,1�/..{L7!wfi$s`f.{.oL+CG..- /!1 e/C'-.,7.E 7 ,CA, l '79 4 LI 7 4-t.- I -e C.c to ; ? YJ - 7 ' ei I )cog/�A , ix'2wPo1 !4 .Z7, 7, -<41,2.c77 9 ,23 V Cir7- y=:;-p Ofga,'>( /2t F !.�/ , PE".,P - at `y-ea9i;47, y � /! J/n' Iva / S,�_� � i�rt c[-vr.,/!^' 'C��C"-' � 1 L/ kct l/7 / s�'I,t 4 'f fir � .4.4 I/. /'b` H - r „//G/. ! g2,54,,k. A7 7 _ / .-.,.-� ... �,f" ,ice >zoN The undersigned hereby certifies that (he/she) personally circulated this page of this petition and per- sonally observed the signature of each of the above. 1 4 Date: August 19, 1986 CASE NUMBER: USR-748:86:32 NAME: Billy J. and Donna J. Christian ADDRESS: 873 Weld County Road 7, Erie, Colorado 80516 REQUEST: Use by Special Review permit for a furniture manufacturing facility. LEGAL DESCRIPTION: Lot 2, Ranch Eggs Subdivision, Ni NE} of Section 33, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.3 -miles east of Erie, east of Weld County -Road 7, and south of Weld County Road 4. THE DEPARTMENT -OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: The proposal is mot consistent with the intent of the Agricultural Zone district. The Agricultural District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other incompatible land uses. Furniture -making is not an agricultural use and is not compatible with uses allowed in the Agricultural District by sight or as a Use by Special -Review. The proposed use is not compatible with the existing surrounding land uses. In 1966 Ranch Eggs Subdivision -was created to allow -a rural residential setting along with egg production. At present, a number -of the lots -are still in egg production with single family dwellings. The staff determined that the manufacturing of furniture exceeds an -accessory use and woes not qualify as a home 'business or a home occupation. Approval of this proposal would increase and intensify the existing incompatibility of land-uses within the neighborhood. The proposal is not consistent with the intent of the Weld County Comprehensive Plan. As stated on page -64 of the plan "Zoning for industrial use in areas outside the areas -covered by the comprehensive plans -of the existing -municipalities shall le encouraged only for low employee concentration, agriculturally related industries or other industries that can show they cannot reasonably be accommodated within the area covered :y the municipalities' comprehensive plans." To allow such a use to locate in a rural residential area is not sound and orderly urban growth, and evades the intent of the Weld County Comprehensive Plan. The proposed use is not compatible with the future development of the surrounding area as permitted by the Agricultural Zoning or with the future development es projected 'by the master plan of Erie. In a letter dated July 2-4, 1986, -Henry M. Epstein, Director of Community Development, recommended denial of this request due to the incompatibility of the proposal with the area. C-,r Billy 2nd Donna Christian USR-748:86:32 Page 2 There is not adequate provisions for the protection of the health, safety and welfare of neighborhood and the County. This proposal is considered to b-e -an industrial use and unsuitable for the Agricultural Zone as a Use by Special Review. The industrial zoning is design to accommodate this type of use and provide a healthful operating environment for such uses. A Furniture manufacturing facility should be located in an Industrial Zoned district and the staff strongly recommends denial of this proposal. This recommendation is based in part, upon 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. 31.3.2 BUILDINGS ' for confinement or protection of 13 LIVESTOCK, within the limitations defined in Section 31.5, Bulk Requirements; 31.3.3 SINGLE FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING, or GARDENING subject to the additional requirements of Section 43; $a: 31.3.4 HOME OCCUPATIONS; 31.3.5 OFFICE incidental to the operation of the Uses Allowed by Right as listed in Section 31 .2; 31.3.6 MOBILE HOME subject to the additional requirements of Section 43; 31.3.7 Roadside stands when the products offered for sale are grown on the premises. Such stands shall be situated not less than fifty (50) feet from the PUBLIC right-of-way; 31.3.8 SIGNS, in conformance with the provisions of Section 42; 31.3.E Any other STRUCTURE _or USE clearly incidental -and ACCESSORY to the operation of a Use Allowed by Right in the A District. 31.4 Uses by Special Review in the A District. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated, and maintained in the A District upon approval of a permit in accordance with the requirement-s and • procedures set forth in Section 24, Uses by Special Review. 31 .4. 1 Mineral Resource Development facilities including: *OIL AND GAS STORAGE FACILITIES *OIL AND GAS SUPPORT AND SERVICE *Open pit MINING and materials processing, subject to the provisions of Section 44 *Asphalt and concrete -batch plants *Coal gassification facilities *MINING or recovery of other mineral deposits located in Weld County, subject to the pro— visions of Section 44. 31.4.2 Agricultural Service -establishments primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including: *Sorting, grading, and packing fruits and vegetables for the grower *Grain and/or feed elevators *Crop dusting or spraying operations facilities (includes -hangars, landing strips, fertilizer storage facilities, insecticide storage facilities, fuel storage facilities, and offices ACCESSORY to the crop dusting or spraying operation) *Farm equipment sales, repair, and installation facilities *Veterinary clinics or hospitals *Grain and feed sales *Commercial grain storage and drying *Fertilizer storage, mixing, blending, and sales *Seed production, processing, storage, mixing, blending and sales *Animal training and boarding facilities *Alcohol production exceeding 10,000 gallons per year or the sale or loan of alcohol occurring to any other person not involved in the alcohol production -operation *Animal waste recycling or processing facilities *Custom meat processing *LIVESTOCK sale barns and facilities *Forage dehydration facilities *IIVESTOCK CONFINEMENT OPERATIONS 31.4.3 Recreational facilities and USES including: *Race tracks and race courses *DRIVE IN THEATERS, subject to the provisions of Section 45.7 *Golf courses *Shooting ranges, subject to the provisions of Section 45.3 *Guest farms and hunting lodges *Fairgrounds k_. 31 .4.4 PUBLIC utilities facilities including: *Equipment storage or repair facilities, subject to the provisions of Section 45.8 *Storage tanks, subject to the provisions of Section 45.8 *MAJOR FACILITIES OF PUBLIC UTILITIES, subject to the provisions of Section 45:8 31.4.5 PUBLIC and quasi PUBLIC BUILDINGS including: *Churches *Private schools *Administrative OFFICES or meeting halls for agricultural organizations 30-5 ;" !" ; — ", 31.4.6 AIRPORTS, and AIRSTRIPS; 31 .4.7 JUNK YARDS or salvage yards; 31 .4.8 KENNELS; 31.4.9 Solid Waste Disposal sites and facilities, subject to the additional requirements of Section 45.4; 31 .4.10 Keeping, raising, boarding of EXOTIC ANIMALS; 31.4. 11 More than two (2) microwave, radio, television or other communication towers, or any tower over 199 feet. 31 .4.12 ONE (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 31.2.1 of this Ordinance. 31.4.13 MULTIFAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING or GARDENING. 31 .4.14 Expansion or extension of NON-CONFORMING USES. 31.4.15 HOME BUSINESS; 31.4.16 ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than one thousand five hundred (1500) square feet per BUILDING on LOTS in an approved or recorded subdivision plat or LOTS part of a map or planOIL filed prior to adoption of any regulations controlling subdivisions. 31.4.17 USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A District. • 31.5 Bulk Requirements. The following table lists the Bulk Requirements for the A District: MI31.5.1 Minimum LOT size: Irrigated 80 acres Dry 160 acres 31.5.2 Minimum SETBACK 20 feet 31.5.3 Minimum OFFSET 3 feet, or one foot for each 3 feet of BUILDING1111 HEIGHT, whichever is greater. 31.5.4 Maximum number of ANIMAL UNITS 30-6 F� a LAND-USE APPLICATION SUMMARY SHEET Date: August 12, 1986 CASE NUMBER: USR-748:86:32 NAME: Billy J. and Donna J. Christian ADDRESS: 873 Weld County road 7, Erie, Colorado 80516 REQUEST: Use by Special Review permit for a furniture manufacturing facility. LEGAL DESCRIPTION: Part N} NE} of Section 33, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1} miles east of Erie, east of Weld County Road 7, and south of Weld County Road 4. SIZE OF PARCEL: 4.2 acres. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. Mr. Christian was issued a Zoning Violation notice on April 2, 1986 for the use (furniture manufacturing) of property not allowed by right in the Agricultural Zone District. On May 9, 1986, Mr. Arthur P. Roy, attorney for Mr. Christian, submitted a letter regarding the violation. The Department of Planning Services Staff reviewed the letter and determined that furniture manufacturing was not a use by right or -a use by special review and that the property would have to be rezoned to allow the furniture manufacturing use. I wrote a letter, dated June 5, 1986, to Mr. Roy explaining our position. Contrary to the staffs determination, Mr. Christian submitted a complete Use by Special Review application. It was determined that legally we could not refuse the application, and had to process the application. Copies of these letter are included in this land use Summary. The Department of Planning Services has received specific recommendations from the following entities: - Weld County Health Department - Weld County Building Inspection Department - Town of Erie - Dacano Fire Prevention District Copies of these letters have been included in this land use Summary The Department of Planing Service has not received a response from the Adams County Planning Department. FIELD CHECK FILING NUMBER: USR-748:86:32 DATE OF INSPECTION: August 8, 1986 NAME: Billy J. and Donna J. Christian REQUEST: Use by Special Review permit for a furniture manufacturing facility. LEGAL DESCRIPTION: Part of the Ni NE} of Section 33, TIN, R68W of the 6th P.M. , Weld County, Colorado or Lot 2, Ranch Eggs Subdivision, Weld County, Colorado. LOCATION: Approximately 1.5 miles east of Erie, east of Weld County Road 7, and south of Weld County Road 4. LAND USE: N Residence E Weld County Road 7, vacant lot and residence S 175th Avenue, residence W Residence ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: There are two access from Weld County Road 7- which is a - paved road. Existing on the site is a single family dwelling mobile home, a large metal building, garage, and a couple of out buildings. I could smell a lacquer type oder from inside my car on 175th Avenue. By: �(j/t-(x . Debbie deBesche Current Planner k f ir_ ▪ G m• d z. tl CO n 25 _ I z. 5, q ° q=' . z. I zz - f . . K , 4. 1Y. v p 7 Fe Q F Ir��. • • • 47 I ••: - r�. u • • �+K •L . o x �• •▪ • a • - _ _ I a a • a • • .•1/. • rtt• G eRtn �y ,• • • w▪ w' V...! r/ �I • • • -1. ' • • pp • ' T • 31 „Y /i• C _ ' �.... r�• 'a IJ :e.....5\ . i. d x. .` y l sty 4 .. r-"' z c ..o. ▪ K k: 51r•dornY °So ° G z o.. ,) • 31-11 m- . N 1 • xa I • z. K• RIp BARB �' •Y • s` x v• G . 9 .� OUR ^NO5� gr vza � ae '• -\ r ��u • v . / 3,...,51,::E aec.?i J �. 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W SI305 0 7 V# IS 1 ---- u ie 0 /&� 54____-® fir; 1/4. / I ' 4 i. s Re ch E i gs INC. �` A j-® SU ' - I10 3 i r Ca\ ° l '/ 6 5 8 7 G / 1 / z,;,! i\ 0 JI RANCH E1 ) ) n\ GS INC ' 1 Sc%) k242 0 ) 1) (lc / , a % P (ij ) ••_ ( (4.- i BM 2 - ' W LDC Arthur P. - Rng May 9 , 1986 iy-jiqi;OWY ")4 Weld County Planning Department Centennial Center J. l it0 915 Tenth Street CJ Greeley, Co 80631 Weld-Co. Nunn Commission Gentlemen: Re: Billy J. Christian and Donna 7. Christian Lot 2 , Ranch Egg, Inc. , Subdivision 873 Weld County Road 7 , Erie, CO Mr. and Mrs. Billy J. Christian purchased the above-referenced property in December of 1-985 from Alvin J. Woznick and Faye M. Woznick. For a period -of three years or more, Mr. and Mrs. Woznick had operated a small furniture-making facility on the -subject property in a building which was destroyed by fire some time in 1985. Upon acquisition of the property, Mr. and Mrs. Christian commenced operating a small furniture-making facility in a building adjacent to the building that had been destroyed by lire. Mr. and Mrs. Christian have received from the County notification that they should cease the operation of their business. Mr. and Mrs. Christian operate the small furniture manufacturing business in a building which contains approximately 5 , 000 square feet. The business currently employs six people, and the furniture is sold wholesale to retail establishments. -The neigborhood was originally established as a unique egg production operation. The original scheme was to subdivide the land into 5-acre lots, upon which would be built a residence and facilities for the care and feeding of. 6, 000 to 12, 000 chickens for egg production. Some of the egg production facility has been expanded to many multiples of the original size, and some of the chicken- and egg-producing facilities have been abandoned or converted to other uses. The building in which Mr. and Mrs. Christian ' s business is currently housed is one -of the original chicken- and egg-producing buildings with a capacity of 6, 000 chickens. The properties are currently zoned A (Agricultural) . If zoning were changed to accommodate the operation of MrY . Christian ' s facility, the most obvious zone would be I-1 (Industrial ) . However, it is suggested that, under all the circumstances, use by special review under the current zoning of A (Agriculture) would be appropriate and should be considered by the Planning The Law Building - 1011 11th Avenue - P.O. Box 326 - Creeley,Colorado 80632 - Telephone (303) 356-5400 Weld County Planning _Department May 9, 1986 Page 2 Commission and the Board of County Commissioners. An agricul- tural zone permits Home Occupation ( 31. 3. 4 ) and Office (31. 3. 5 ) as uses by right. In addition, the A (Agricultural ) district permits -home business (31.-4.15 ) as a use by special _review. The neighborhood has changed since it was established. A number of properties are no longer dedicated to egg production. The lot sizes are not compatible with an agricultural use, -except a -high intensity agricultural use such as egg production. The -egg industry is now in a deep slump, and many of the egg producers are going out of business or are losing money at a substantial rate. Although egg production is -a use by right in the subdivision, there is reason to believe that concentrated egg production on parcels as small as those contained in the subdivision is not appropriate unless the operator is very diligent in his waste disposal. Sherefore, some question exists as -to whetter or not return to egg production, or other high intensity agricultural activity, should be encouraged. She subdivision is sufficiently remote that rezoning to -an industrial zone is probably not appropriate and is not in the long-range best interests of the properties. Mr. Christian' s use of his property is a use which has been in effect for some time and which has the broad and deep support of the neighborhood. Mr. Christian 's use is compatible with a use by special review granted across the street for a fencing company and would probably be less obnoxious. The use Mr. Christian proposes will probably produce 1-ess traffic than that experienced by the egg production operations; particularly, there will be less traffic of -heavy vehicles . While Mr. Christian 's use does not fall strictly within the definition of home business, office, or home occupation-, it seems to me that it very arguably falls within the provisions of Section 31. 4. 1"1 , which permit the use by special review of any use which is "similar to the Uses listed above as Uses by Special Review, as long as the Use complies with the general intent of the A district. " (31. 4. 17 ) I would respectfully suggest that the Planning Commission and the Board of County Commissioners should consider Mr. Christian's use as a Use by Special Review, as it is compatible with the neighborhood, appropriate to the neighborhood, has broad neighborhood support, is within the intent and scope of the "A" district and the uses permitted therein, and permits the Weld County Planning Department May 9, 1986 Page 3 Commissioners some co-ntrol through developmental standards to adequately regulate the use, protect the neighborhood, and maintain continuing control over the neighborhood as it moves through transition. In addition, it is -my understanding from the correspondence in my file, that the fire _protection district is satisfied with the use and supports Mr. Christian 's application. I appreciate your kind attention to this matter, and -I await your response as to whether or not the staff considers a request such as that of Mr. Christian 's appropriate. It seems to me likely that Mr. Christian will apply for a Use by Special Review in the near future for review by t-he staff, the Planning Commission, and the Board of County Commissioners. ours ruly, rthur P. Roy Attorney at Law jtg pc: Billy J. Christian ,,,,, , DEPART `ENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 re 5 10th STREET , GREELEY,COLORADO 80631 O • COLORADO June 5, 1986 Mr. Arthur P. Roy The Law Building 1011 11th Avenue P.O. Box 326 Greeley, CO 80632 Re: Billy J. Christian & Donna J. Christian Lot 2, Ranch Eggs Subdivision 873 Weld County Road 7 Erie, CO 80651 Dear Mr. Roy, Thank you for your letter dated May 9, 1986, explaining a request to allow the Christian's furniture making facility under the Weld County Zoning Ordinance's Section 31.4, Uses by Special Review in the agricultural district. The staff has completed its review of your request and determined that the making of furniture would not be consistent with the intent of the Agricultural zone district. The agricultural district is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other incompatible land uses. The staff feels that furniture making is not an agriculture use and is not compatible -with uses allowed in the agricultural district. In your letter you stated that this use is similar in nature to the Weld County Zoning Ordinance definition of Home Occupation and/or Home Business. The staff feels that furniture making would not be considered a home business or home occupation. The definitions are clear and as follows: June 5, 1986 Arthur P. Roy Page 2 HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: 1 . Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein; 2. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. Ordinarily a HOME BUSINESS shall not be interpreted to include the following: clinic, hospital, nursing home, animal hospital, HOTEL/MOTEL, restaurant, mortuary, and organized classes where more than six (6) person meet together for instruction on a regular basis. (Does not include classes sponsored by a PUBLIC SCHOOL) . HOME OCCUPATION: An incidental USE of a DWELLING UNIT for gainful employment of the resident therein, where: 1. Such USE is conducted entirely within a DWELLING UNIT and carried on by the residents thereof and no others. 2. Such USE is clearly incidental and secondary to the USE for the dwelling for dwelling purposes and shall not change the character thereof. 3. The total area used for such purposes does not exceed three hundred square feet. 4. There is no advertising or other indication of the HOME OCCUPATION on the LOT or any STRUCTURE or vehicle located on or adjacent to the LOT with the exception that one nameplate shall be allowed which may be display the name of the occupancy and/or the name of the HOME OCCUPATION where such nameplate does not exceed 1 square foot in area, shall be nonilluminated and attached flat to the main STRUCTURE or visible through a window. 5. There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the -operation of such HOME OCCUPATION nor of any highly explosive or combustible materials. June 5, 1986 Arthur P. Roy Page 3, 1986 6. There is not offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable off the LOT if the occupation is conducted in a SINGLE FAMILY DWELLING or outside the DWELLING UNIT if conducted in other than a SINGLE FAMILY attached dwelling. Ordinarily a HONE OCCUPATION shall not be interpreted to include the following: clinic, hospital, nursing home, animal hospital, HOTELS/MOTELS, restaurant, mortuary, vehicle or boat repair (including painting) , and organized classes where more than six persons meet together for instruction on a -regular basis. (Does not include classes sponsored by a PUBLIC SCHOOL.) The staff feels that the use of furniture making does not fall under the definition of Home Business. The nature of the use does not allow it to be incidental to the single family residence and changes the character of the residence and the surrounding residential area. She staff also feels that the use would -not fall under the definition of Home Occupation for the following reasons: - The use is not conducted entirely within a dwelling unit. - The use would not be secondary to the use of the dwelling and does change the character of the area. - The total area used in the furniture operation exceeds 300 square feet. - There is a sign larger than 1 square foot located on the property. - There is offensive noise, and dust associated with the use of furniture making. Furniture making is considered an industrial use as defined in the I-1 zone district of the Weld County Zoning Ordinance. Seetion 34.2.2.1 of the Weld County Zoning Ordinance states: "Any USE of a research, repairing, manufacturing, fabricating, processing, assembling, or storage nature may be conducted in the I-1 District as long as such USE is conducted only within ENCLOSED BUILDINGS." The industrial zoning intent is to provide a healthful operating environment for industry, to protect industry from the encroachment of commercial and residential uses. Therefore, furniture making would be compatible with the I-1 zone district. f,. i 1 June 5, 1986 Arthur P. Roy Page 4 The staff feels that to allow an industrial use to occur in a residential area creates present and future incompatibility problems and issues with the surrounding home owners. You do have the right to appeal this decision to the Weld County Board of Adjustment within (30) thirty days from the date of this letter. The application form for this procedure is available at our office. If you have any questions, please call us. Sincerely, Debbie deBesche Current Planner C REFERRAL LIST APPLICANT: Billy J. and Donna J. Christian CASE NUMBER: USR-748:86:32 SENT REFERRALS OUT: July 17, 1986 REFERRALS TO BE RECEIVED BY: July 31, 1986 NO SR NR NO SR NR County Attorney X Weld County Health Dept. LX Engineering Department X Building Inspection Dept. Bob Huffman Office of Emergency Mngmt X Adams County Planning Department 4955 East 74th Avenue Commerce City, CO 80022 / X Left Hand Water Supply Company (/ c/o James M. Dickey P.O. Box 210 Niwot, CO 80544-0210 / X Town of Erie 11 c/o Henry M. Epstein P.O. Box 100 / Erie, CO 80516 / X Dacono Fire Prevention District c/o Chief J. W. Fuss P.O. Box 40 100 Forest Street t Dacono, CO 80514 X Louis Rademacher Planning Commission 13184 Weld County Road 13 Longmont, CO 80501 l/'7ngm r X Tongmoct Soil Conservation Service 9595 Nelson Road Box D Longmont, CO 80501 NO=No Objection SR=Specific Recommendations NR=No Response C 44cr,6 E ®RAnDu wokTo Weld County Planning Date July 28, 1986 COLORADO From Health Protection Services ‘, subject: Case Number: USR-748:86:32 Name: Christian, Billy J & Donna J. Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Applicant shall use, store and dispose of any hazardous materials and wastes in accordance with EPA and State Hazardous Materials Regulations. 2. No permanent disposal of waste materials on site shall be permitted. 3. Required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. Fugative dust, including saw dust and wood chips, shall be controlled at all times. By Direction of Ralph R. Wooley, M.D. 01986 Weld Co. Planning Lemoosslon 1:] 1 c6 C Z vw lC "emu-ti r tl Vs• " DEPART =NT OF PLANNING SERVIELS� x�r PHONE(303)356-4000 EXT. 4400 �'l j - 91510th STREET '4 -44 j GREELEY,COLORADO 80631 EY7 : . ' o COLORADO CASE NUMBER USR-748:86:32 July 17, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Billy J. and Donna J. Christian for a Use by Special Review permit for a furniture manufacturing facility. The parcel of land is described as Lot 2 Ranch Eggs Subdivision: N§ NE} of Section 33, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles east of Erie; east of Weld County Road 7 and south of Weld County Road 4. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by July 31, 1586, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to . 3. y. Please refer to the enclosed letter. � p G Signed: S^,C4,(�" 9L& Agency: Oil �.J.cu_ Date: O '_S FE '1 / 'J Debbie deBesche Current Planner rtI r DEPARTMENT OF BUILDING INSPECTION = . iU 41174 1"i PHONE(202)355-4000, EXT 4425 915 10TH STREET GP.eELEY, COLORADO 6063' 414! I :,.., .. . et . , ,. COLORADO August 1, 1986 Ref: Building located at 873 Weld County Road 7 Billy J. and Donna Christian Corrections needed for the building, being used as a woodworking operation, to meet the code. 1. The occupancy classifications would be: H-2 - Spray painting area H-3 - Woodworking area B-2 - Storage area for furniture. UBC Table 5-A and Sec. 901 (a) 2. Each occupancy would have to be separated from each other by a one hour occupancy separation wall. UBC Table 5-B. 3. The Group H-2 shall be located on the outer perimeter of the building and all walls shall be located a minimum of 30 feet from the property - line. UBC Sec. 903. 4. An automatic fire-extinguishing system shall be installed in Group H-2 occupancies exceeding 1,500 square feet in area. UBC Sec. 3802 (f) (1) . 5. An automatic fire-extinguishing system shall be installed in paint spray booths or rooms. UBC Sec. 3802, (f) (2) . 6. An automatic fire-extinguishing system shall be installed in Group H-3 occupancies larger than 3,000 square feet in floor area. UBC Sec. 3802 (f) (3) . 7. An automatic fire-extinguishing system shall be installed in all areas if they don't meet the requirements of Section 3802 (b) . 8. Light and ventilation shall meet the requirements of Section 905, UBC. 9. The heating system shall meet the requirements of Section 908, UBC and the Uniform Mechanical Code. They cannot be installed in H-2 or H-3 occupancies. pc'" 1 r-' Billy 6 Donna Christian August 1, 1986 Page 2 10. Wall and ceiling surfaces shall be smooth. Ledges shall be beveled at 60 degrees to the horizontal to prevent the accumulation of dust. Sec. 910 (a) (1) . 11. Every dust-producing process shall be provided with a dust-collection system adequate to prevent hazardous concentrations of dust within the room. Sec. 910 (a) (2). 12. The venting system shall meet the requirements of Sec. 910 (a) (3) . 13. All doors shall swing in the direction of exit travel. Sec. 3304 (b) . 14. Two exits are required from each H-2 and H-3 area directly to the outside. Sec. 3320, UBC. 15. Exit doors shall be a minimum of 3 feet in width and 6 feet 8 inches in height. UBC 3304 (e) . 16. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. Sec. 3304 (c) . 17. Need bathrooms and they are to meet the code. Sec. 510 (a) (b) , and 905 of the UBC. Sec. 301, 302, 303 of the UPC. 18. Need approval from the Health Department on the septic system. Sec. 303 (b) . 19 The electrical installation must meet the 1984 National Electrical Code. UBC - Uniform Building Code, 1985 edition. UPC - Uniform Plumbing Code, 1985 edition. Uniform Mechanical Code, 1985 edition. - - National Electrical Code, 1984 edition. Everything must be done to meet the requirements of the above codes. He must apply for and obtain the proper permits, have the required inspections, and be issued a Certificate of Occupancy before this operation would be approved. 914-9,-/-4-11144 -et-- Robert Huffman // Combination Inspector lit ... rtO�a OT talk Pv4. TOWN OF ERIE x(� • `` 845 HOLBROOK P.O.BOX 100 + Y�.2 .I ERIE,COLORADO 80518 Kt/ II 828-3843 449-3085 July 24 , 1986 t - Ms. Debbie deBesche, Current Planner y Weld County Department of Planning Service 915 - 10th Street Greeley, Colorado 80631 SUB • JECT: Uses by Special Review; USR 748: 86 : 32-USR 749: 86 : 33 Dear Debbie: . I am glad I made the time to call you about the referenced requests . The background was helpful in understanding the proposals in an agriculturally zoned area. In my review of the requests, I came away with the feeling that a misuse of the present zoning is being suggested by the applicants. On one level , which is a County concern at this time, air- craft shops, machine shops, auto and truck repair uses, fence companies, tool and die shops and furniture manufacturing are not agricultural or agriculturally related uses particularly when they are the principal use on the site. Our A-Agricul- tural zone district does not allow such uses. They are not uses by special review particularly when the operation goes from an individual or family activity to one with outside employees and has no relationship to agriculture. • The Town of Erie is looking towards growth to I-25 over the next several decades. What occurs in the Ranch Egg Subdi- vision is a concern when and if we officially exert more influence in that area. In my opinion, the activities suggested by both the Christians and Muellers would be best situated in a Heavy Commerical or Light Industrial zone district. They are not and would not be considered for Uses by Right or Special Review in an Agricultural zone if located within the Town of Erie. We therefore recommend DENIAL of both requests. We would suggest the applicants be directed by Weld County to apply for rezoning their ground to an appropriate use category. POLICE DEPT. METRO 449-3158 LOCAL 828-3200 P.O.BOX 510 FIRE DEPT. 828-3152 r Ofr l Ms. Debbie deBesche July 24 , 1986 Page 2 The whole premise of zoning is to seek compatibility of land uses and separation of those uses not normally placed together. What has been occurring at the Ranch Egg Subdivi- sion should not be increased. If necessary, the County should change the entire area' s classification to a mixed use planned development, large lot residential area to further restrict applications for industrial uses in an agricultural zone, or alter the allowed uses in an agricultural zone . - Thank you for allowing us to comment. Sincerely, Henry M. Epstein, Director Communtiy Development Jh. cc: Jeanne Marks,, Chairman Erie Planning Commission o tgA WE JUL 291986 Weld go. Nanning Commission skit Dacono Area Fire Protection Di strict on District July 26, 1986 Mr. Robert Huffman Weld County Building Inspector Weld County Building Dept. 915 10th Street Greeley, Colorado 80631 Robert Huffman; Reference the application for special use permit by Billy Christians dba. Once A Tree Furniture, 873 WCR 7, Case # USR-748 :86: 32, I am enclosing the list of requirements that were given to Mr. Christians on April 15, 1986, for his proposed business. It was agreed that these would be the minimum requirements that we the fire district would accept for this operation. As of this date the water supply has been completed and is accept- able in the area. We have not done much in the follow up as far as inspections of this business at this time, pending the outcome of the granting or denial of the special use permit, by Weld County. If such permit is issued, we would then demand said requirements • be met prior to any further operations. As it stands now we feel it is technically an illegal operation, however as long as the owners have made application to the County for special use permit, we are holding until a decision is made. After my conversation with you on the 25th of July, 1986, we will in the future enclose the detailed listing of all fire district requirements for the building department and the Commissioners to review with each application. In the past this was not done as the general requirement that they meet all fire department codes was used in the approvals. I like this broceedure of enclosing all requirements in the package and making it a part of the requirement to obtain permits better. is..ectfu�ly1p'G"✓ ose. W. Fuss District Fire Chief Dacono Fire District cc/ Debbie DeBesche DACONO, COLORADO 80514 UL 2 J 1980 Weld Co. Planing Comtism 1': l. DEPAR1, _NT OF PLANNING SERVICES s{T i",pPrii PHONE (303)3564000 EXT. 4400 4:‘,719 ° 915 1Cth STREET 4 :•� GREELEY, COLORADO 80631 -4'M ri COLORADO CASE NUMBER USR-748:86:32 July 17, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Billy J. and Donna J. Christian for a Use by Special Review permit for a furniture manufacturing facility. The parcel of land is described as Lot 2 Ranch Eggs Subdivision: N} NE} of Section 33, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles east of Erie; east of Weld County Road 7 and south of Weld County Road 4. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to -our address listed above. Please reply by July 31. 1986, so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. A-' ^ Please refer to the enclosed letter. Signed: n :) n w Agency: Ai9'oww �i/P Ail Date: %7- 2:3 3-6 10314-6 d,. 1, ,0 :2 D rs. [I Debbie deBesche Current Planner JUL 2-: 1986 Weld Co. Planning Cimino ` l qoia �+1�gp'�1� �y 7l$�q },�4y� • }q� C -*•\ c&ino ., r3a ? n P.l !a i hion I Jt' I1 JAI " July 22, 1986 Debbie DeBesche Current Planner Weld County Planning Dept. 915 10th Street Greeley, Colorado 80631 Re: Case # USR-748 :86: 32 Christians, Billy and Donna Planning Commission; The Dacono Fire District has no problem with the proposal of Mr. and Mrs Christians for the use of this building as a wood- working shop. We have worked with Mr. Christians in all aspects of the fire protection of this area and building. We now have available in the immediate area some 71,000 gallons of water with fire department connections for fire protection. Agreements of storage of flammable liquids, and stock piles of materials as well as the general house-keeping of the shop have been agreed upon and are being taken care of. It is the feeling of the fire district, that this use of the building and area described will be no more hazardous or no more problem for fire protection than if it were continued as a shed or barn for egg production, The woodworking shop is definitely a cleaner operation and will benefit the area with some local employement, and at this time the egg production is about a thing of the past. The fire district would encourage the usage of the vacant build- _ ings in this area for small, compatable business operations if they are able to comply with the necessary fire codes and the requirements of the planning and building departments. The Dacono Fire District is in full support for the above listed request for special use of this property, and will abide by the decisions of the planning commission and Weld County Commissioners. If we can be of further assistance on this or any other item, please contact us, and we appreciate your co-operation on the notification of such matters. Rect ly Fuss 1/District Fire Chief DACONO, COLORADO 30514 �, w+r Dacono Area Fire Protection District • 1 April 15, 1986 r Once A Tree Furniture 873 Weld County Road 7 Erie, Colorado 80516 Attn: Mr. Bill Christian Sir: Having spoken with you on the evening of the 14th of April 1986 in our fire station, and gaining some more information on the operation you are attempting to run at the above location, I submit the following information regarding the fire district requirements. 1. No lumber storage in excess of 100,000 board feet without a permit to outline storage requirements of the fire district. 2. Fire Apparatus roadways shall be open, free of parking and of hard surface all weather travel to a point of within 150 feet of any portion of the building at all times. 3 . No lumber storage stacks or piles to exceed 20 feet in highth. 4. Daily cleanup and removal of -sawdust, wood chips and shavings and refuse from the manufacturing area and building. 5 . Burning of wood chips, shavings or sawdust may only be done in approved heating devices designed for such use or in an incinerator designed and approved by the building inspector, the lire district and with approval and -permit of the Weld County Health Department. 6. NO SMOKING signs shall be posted and enforced in the areas where production of sawdust, wood shavings, wood chips or flammable refuse or spray painting or flammable liquid storage is allowed. 7. Area around the building and all storage areas shall be kept clear of weeds, trash, and debri of any nature at all times. 8 . Sawdust, wood shavings, wood chips and refuse -shall be removed from the building and area on a regular basis, and goad house- keeping shall be maintained at all times. 9. Approved water supply for firefighting shall be established in the area. (This can be accomplished by the agreement with the north Huron water board to tap the existing storage tanks with fire department connections for said use) o '7]zi� DACONO, COLORADO 80514 AL 281980 Weld Co. Planning dummissiou V"- 10 . Portable fire extinguishers shall be installed and maintained at all times in accordance with the Uniform Fire Code Article 10 . (a portable extinguisher within reach of each maching producing sawdust, wood shavings or wood chips, in storage areas and in paint application. areas. ) 11. Paint room shall not exceed 3000 square feet in floor space, unless equipped with an automatic sprinkler or fire protection system. 12. Paint room shall be seperated entirely from the rest of the building structure or plant by a minimum 2 hour fire resist- ive fire seperation wall and ceiling. Paint room shall be equipped with self closing doors of same 2 hour fire resistive capability, and _doors shall have a minimum opening width of 36 inches. No less than 2 exit doors from the paint room will be allowed. 13. Only approved lighting as per Uniform Electrical Code will be allowed in the paint room. 14. No open flame or spark producing devices or welding, cutting or grinding equipment shall be allowed or used in the paint room or in any area of flammable storage or areas where the accumulation of sawdust, wood chips or shavings are present. 15. Proper exhaust or ventillation fans shall be provided in the paint room to remove all vapors and spray fumes and residue from the area. Fans shall be with filters and filters shall be replaced or cleaned regularly as required. 16. No more than 30 gallons of flammable liquids may be stored in the paint spray room at any time, unless the area is made in-accessable to the public, and then the storage limit may be 60 gallons of flammable liquids at any one time. If the paint spray room is equipped with an automatic fire extinguishement system, the 60 gallon limit will apply even if the room is accessable to the public. 17. All flammable liquids in excess of the amount above listed shall be stored in an area seperate of the manufacturing plant or building in an approved and secured storage area, as per fire code requirements. 18 . No open flame heaters, devices or appliances or spark producing devices or equipment or welding or cutting equipment shall be allowed or used within the area where sawdust, wood chips or wood shavings or other flammable materials or liquids is present . Although quite lengthy to list, the above requirements of your operation are not considered excessive and must be met. We are available to assist you in any way to meet or comply with our needs, and support the intent of your operation in this area. ectf}Y ly cZ se$h W. Fuss District Fire Chief Dacono Area Fire Prot. Dist . Dacono, Colorado 80514 pc 7r, July 28 , 1986 � � , JUL 3 1 1986 Weld County Board of -----�� County Commissioners 915 - 10th Street Greeley, Colorado 80631 Weld County Planning Commission 915 - 10th Street Greeley, Colorado 80631 Re: Case No. USR-748 : 86 :32 Billy J. and Donna J. Christian: Applicants Special Review Permit for a Furniture Manufacturing Facility Township 1 North, Range 68 West Section 33: Part of the N/2 of the NE/4 Ladies and Gentlemen: Champlin Petroleum Company owns the oil and gas which underlies the NE/4 of Section 33, Township 1 North, Range 68 West, Weld County, Colorado, a portion of which is the subject of the above-referenced applica- tion for special review permit. I understand from a telephone conversation on July 28, 1986, with Debbie de Besche, Planner for the Weld County Department of Planning Services, that the acreage which is the subject of the special review permit application is located in approximately the NE/4 of the NE/4 of the N/2 of the NE/4 of Section 33, that only approximately 4 . 2 acres is included in the application, and that the entire NE/4 is currently zoned agricul- tural. I understand further that the structure which the applicants wish to use for the furniture manufactur- ing facility is already located on the acreage. In that the subject of the application includes only 4 . 2 acres of land and that the owner or lessee of oil and gas in the area has the right to drill one well on approximate- ly every forty acres in accordance with current Colorado State Oil and Gas Conservation Commission Rules and Regulations, it appears that Champlin ' s rights to U i 11986 Weld co. Planning commission Weld County Board of County Commisioners Weld County Planning Commission July 28, 1986 Page 2 develop its oil and gas will not be substantially affected by the approval of the special review permit application, and, therefore, Champlin does not object to the application. I wish to note, however , that the oil and gas estate is the dominant estate and that Champlin wishes to preserve all the rights that it has to produce the oil and gas which is located under the acreage in accordance with government rules and regulations. Very truly yours, Molly Sommerville MS: jaj cc: B. J. Westerdale R. M. Moss D. de Besche T. W. Linguist 1 DEPAR7tr -NT OF PLANNING SERVICES .5 PHONE ff!tY 1 PHONE(303)356-4000 EXT. 4400 ��' 915 10th STREET � M t4,1 r GREELEY, COLORADO 80631 ti 1 u., lie i;;. �_ ≥ vit..1 At444 s 3v 'r®�• COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, August 19, 1986, at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a furniture manufacturing facility from Billy J. and Donna J. Christian on a parcel of land described as Lot 2, Ranch Eggs Subdivision: N} NE} of Section 33, TIN, R68W of the 6th P.M. , Weld County, Colorado, containing 4.2 acres, more or lass. The property is located approximately 1.5 miles east of Erie; east of Weld County Road 7 and south of Weld County Road 4. 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 August 19, 1986. 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 July 24, 1986 Received by: Date: ob MAILING LIST USR-748.86:22 Billy J. Christian Frank and Emma Hepp 1084 Weld County Road 7 Erie, CO 80516 Frank Curtis 984 Weld County Road 7 Erie, CO 80516 Richard and Pauline Sheets 914 Weld County Road 7 Erie, CO 80516 Ronald and Marlene Murren 844 Weld County Road 7 Erie, CO 80516 J K Barnett 794 Weld County Road 7 Erie, CO 80516 Ronald and Shirley Duke P.O. Box 161 Lafayette, CO 80026 John Zweck 923 Weld County Road 7 Erie, CO 80516 Billy and Donna Christian 873 Weld County Road 7 Erie, CO 80516 Kenneth Hohner 3398 Weld County Road 4 Erie, CO 80516 James Kelly 773 Weld County Road 7 Erie, CO 80516 Edward Williams 2870 West 175 Avenue Erie, CO 80516 Rockwell Federal Land Bank 2790 West 175 Avenue Erie, CO 80516 MAILING LIST USR-748.86:22 Billy J. Christian Page 2 Rockwell Arapahoe National Bank 2871 West 175 Avenue Erie, CO 80516 Eugene Woznick 2791 West 175 Avenue Erie, CO 80516 tr,n. _ , n MINERAL OWNERS USR-748 Billy S. Christian Union Pacific Land Resources P.O. Box 2500 Broomfield, CO 80020 Champlain Petroleum P.O. Box 1257 Englewood, CO 80150 f. : ' 17 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee _ Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION� OF SPECIAL REVIEW PERMIT AREA: 4/./. Nt ySection 33 T / N, R1s24W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: 44, /VEX`jSection 31 T / N, R6e. W Property Address (if available) ! R7� (4?N,l.f L� Ai I brie C'PRESENT ZONE f�/-iCCt/ TGYA / _ OVERLAY ZONES / 0 TOTAL ACREAGE .41 • oa PROPOSED LAND USE __r t&oos d0 rK i /� c/ 5 help EXISTING LAND USE a VT/ Quin! rot? I fancd tdood Work. n7 SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — —Name: 8, // , 9 C'.b ri .s t/ 4 i/ Address: 9'73 L./. P Pej /4'- 7 City j=rie Zi Home Telephone P /C ar - ,'i gel c" Business Telephone P 67:3 P 6 /� Name: ,r)Otirl4 d Chri s774 AI Address: 9 7 I id. 01 Rd t 7 City 5ria Zip Home Telephone 11 Yee /2 P (v f, S•- G' i��7 �' Business Telephone $ y �'�_ -.3�„ 3`2 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Home Telephone A Business Telephone N List the owner(s) and/or lessees of mineral rights on or under the subject properties of record.Name: /hi 1///i .4Ci( % C.. /?4 / key ,4d Address: City Zip Name: 0h4r ?p/4/ C/ �'f ±rc)ieum 06 Address: pQ i7 n t ZCit /' ?� � 7 Y x"/'lt�r li�rin�tnl �' Zip _,.<2)/co I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. , COUNTY OF WELD ) / eA/C1-41-44/-4-J STATE OF COLORADO ) � J ::: t Owner or Authorized Agent Subscribed and sworn to before me el Ofigy of 19, 1 NOTARY PUBLIC ,t My commission expires /.2,92 Laf i • Public Road AYette, Colo. 80026 USE BY SPECIAL REVIEW FOR BILLY J 1 DONNA CHRISTIAI•` 2. Explain the proposed use. We are using the existing building as a woodworking shop. We bought the property in late 1985 (after having purchased furniture for resale from this location for the past 3 years to start our own business -and. live out of the city. We only want to be a small operation and totally compatable with cur ne izhors. Explain the need for use. This business Ls the only way we can retain our investment and our 11-ome. It is our livelyhood, "xnlain the types of existing uses on surrounding _properties. 7,rg Production Feed rall Aircraft Shop Tool ,Die Shop Fence Company Residential Vacated Egg Farms The distance of the proposed use to residential structures in each direction. The distance to the east of the building to my house is 110 ft, to the north it is 314 ft. to John Zwecks house, to the south it is 275 ft. to a house owned ay Kenneth Rohner, and it is 312 ft. to a house west of the building that is vacated - owned by Rockwell °c Arapahoe Natl. Bank Boulder Co. The maximum number of users, patrons, members, and buyers. 12 a week maximum The number of employees, number of shifts, and hours of operation. There are 7 employees including myself. The number of shifts is only one and our hours are 8 A,M. to 5P.M.,M., ,Monday thru Friday. The type of -cater source for the proposed use. The water usage in the shop is none, bathroom facilities are in a building t0 ft. from the shop. i,ne- i r n ails escceeL riute(s; to - _t__1= - for rcp Tho :.-_ct.`. : driveway with a-cceca from .c1:_ .ou t 'o,_ 1..-.e 1 frequoncy ..;c� ti_n " y :_mac, �rc��n", and _ equene; of vehiculartraffic.Serr trucks loliver4r ratex4al OnC2 every other ;:eo :, "'- t -- .0 �a -^, .vim � to ✓�,CC.� _._,. _i-, tY1L` Ott3 . ever: other 'ice -, 90 ft, lon , a; -C, 7C C 'o" -__ oars - e ,.".;e gay and 2!, :.a . -:,e type- c :e_e f-cilitios. :one ..cow.', 'eat:roor is another 'auil:.ind A descr__ o" nosed lire orotect:.o;. 1 F-s aso._..sa . it1 .-_ .. _y r.e_ use. Thee shoo has 2 _xit leor: f-99 each __ (7 .loon Iota-), -her_ ire fi. t o tt1:-o ..t .rot-a - e t;:o: _ _ ua-._ .u.. .a: _ asi.ials to .,,._:.n _atod on. t .3 Ise cy ipecial review ___e sny ono tire. This is .not t size `l' with the _::e ,,,fie and ._ any waste, stcc'_p.� .. or storage areas associated the urc. No waste is stored. All naterial is stored inside ouiidin; and in another small huildine. Type of storm water retention facilities associated with the proposed use. This is not applicable. The tine schedule and method of removal and disposal of debris, junk and other waste associated with the prcoosed use. All Taste is :hauled away weekly or sore often of needed. .lain oropored lnalscapinr erosion control seasons as oo_ata,. with the p. eea This facility -. gart of our hone, yard area is kept accordingly- Ar_ro;ii'Iuitol acter ts -oasture for our ' registered horses. 7eolouotlon socosedssesto be empl ,eC ''d1 Jn cessation of the Tito. by Spec-_a_ 12,`: e.. Activity, f 7: vpea_ /3) ADaly For ruseniss !I \ '"ove rie'_':1 County A time table -4nowtho the periods of tine uequired for construction and start op ,f th_ DI-closed use. The bu Loi • Is :-y - t __ _. __ . .-o: rate with bui_l _ A o st n if chodses are needed. 3. A statement a cplai1ing how the ororosal is consistant with the intent of the district in the .z Is located_ The area Is Ls zoned g _cultural: e sec . ore commercial activity than .cs icultural- 31rE,' ond chicken buy= _c:d _:. and going, a r^raft parts shop, fence ucany The J_.., e are so7oatible ,'it holehbors. __p p icob e, a stateuent explaining 'ohat efforts have been made, in the location decision for the :proposed '_se, to conserve, productive agricultural land in the agricultural ,one district. Less thee one acre Is being used for the shop. The rest of our near 5 acre plot is our home and Pasture for our horses. A statement explaining there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. Our business will be conducted inside a building. We do not believe, in any way it will affect the health, safety or welfare of our neighbors or the county. A statement exmlaining the proposed us will be compatible with the future development of the surrounding area as permitted by the existing zone and with the future development as projected by the comprehensive plan of the county or the adopted caster plans of afHoted municipalit`. ._. _oDosed us'. :o .._I, in oo 'ray, affect futuro tev".l^ .... -. 7e latend for our ode A statement exnlainiaig the use by :special review area is not located in a flood plain, c;eoloaic hazard and Held Co Airport overlay district area, or that the application complies with section fifty (50), overlay district regulations as outlined in the Weld Co Zoning Ordinance. This is not applicable. prof that a water supply will be available which is adequate in terms of quantity, quality, and dependability. Zlot applicable but we have no water problems with Left Hand ';later Supply ::iwot olorado. A noise `report is not applicable. AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. —/ Subject Property ---ri i rct 4i 1, VI_? of rn ��A�1r. {� £Jq Suh,iiu s .o r 91 '7 . u..�P l d (?,-, Rd A" -7 STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. �dafZGtJ l'6ZXa -P ar(i The regoing instrument was subscribed and sworn to before me this ,2 `T day of , 19n WITNESS my hand and official seal. My Commission expires: -2 12 S7 9,04/4-2 Notary Public 290 ai. Public f?o*d Lafayette, Colo. 80026 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property krJI r h 1' qi ` i.Ahd. it,F.11r; i^ 873 L c Rd 7 STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. r The regoing instrument was subscribed and sworn to w before e � a ci day of v/ , 19 aie WITNESS my hand and official seal. My Commission expires: 7 J aes 2/2 Notary Public 200 W. Public Reed I_a#avette, Colo. 80026 - NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Li l o c Lil.0 C Rd 1 vir `' .- ' rnma 171'x, :, Erie • CGS ?.7Sfc, o7 ? 7U060 :�0 994--rr a L.Li. is i<ci i U r77 r' n Q/7 I lid / .a 17 1 I n .t,l O 41 R ,chrrd ) I.( l : nr < nee. = fri r n ,, uoPi 16 /a u7.2u 20O1 i41; 7 -11 6O ooCc y� / au 7 r1A)0, * AY ier'14 MiA rre. i, r ; ,) free r/ tL.I ,n .• "Y'' O05"' I' 7 Lin? —79. 9 1 .cJ - S '7 4 Y Y Y , e R o i l,? I /4 t,:7 2 Li co 7 ICI 7.1 Li )(.) CO ( r�7; 100/ "‘° I 1 04 d Sh , r Uka. / ‘n ::� ,ee ,_ �Srs0."7l- i141i 9Corinj7 y23 w ci Rd " 7 9hn / r= r : I.o 7,21,04 /O0g iU147 33OoIcn9 8 'z 3 tai. e Rd u 7 Va lb/ y Lit)nn41_hr ; ≤t ; 9hi Errs Cr �nr: 1.: 101 3 3 0 I 0 0 339 ? w . d. Rci Wennef 'el Nolo Erne . On ' o51 [n iMc? 2, in 1G'(240 1a1D r 3 I0a col 7 ' Ames ��e I1�� F r ;w .° �o ��r� Ili (0 .' 33 to solo 1407 33 )0.10 / I I alci L; i7S .4ue. F0lte4yrY (L iI ; 4ni Frei , Cry go IUL7 ,33 102oaS / it/a ? 331n30o ocKwe. ( i a74o , 7c 4u e_ fed land SenI? Fr , f'. : !r, 90 F. / /L11 '7 <71 MI j Greeley C°„ in kilt, 73 jo3o0 �2 Rockwell c:18 1i '-t-' - 17S Rue � rApahna ' 'a7'! E4n11 / rre 04, la! 7 ,33 in ] Olg. Gowlde r , cola e;J 7 9 ) L-< / 7 5 R v e, GICs.=•,7 ICie n , cl\j_ Er , e Qoro ac!lc /U/c7330' / or0", /U(a/ :ir,:zoO • f 1 L W --- - - - (`- .: Q • • v c l s Q. O QLI ,Li 1 - -a-F--1(.1../Vin Ntt ( vD ate____.. _____ -- co 'T ; I I .4 v '--+� • `� 7 s---- "s,L, Li i s -+---I 3 .Z ct- Q N. I c v y QJ Q 3 c ID 3 - `L \ b. ' fP vi -c I---- c.,0a• a w VC: kl- - 1•Z) N1 II Dac-ono Area Fire Protection District Arpil 15, 198-6 Mr. Bill Christians SBA/ Once A Tree Furniture Mfg. 873 Weld County _Road 7 Erie, Colorado 80516 Sir: This letter may be used by you as our support for your operation in the area for the -furniture manufacturing business. The Dacono Fire District will support youRneeded variance or change of zoning as the case may be, to allow the intended use of the above named property. We feel this use of the vacant buildings in the area will be of a much better envireonmental quality and will enhance the area in which you are located. It mill also be a provider for local employement opportunity. If we can be of any assistance to you in this venture or in the obtaining of necessary variance or zonin-g change, please feel free to contact us. Respectively Joseph W. Fuss Dacono Fire District Dacono, Colorado 80514 DACONO, COLORADO 80514 et" 1 c% LEFT HAND Post Office Box 210, Niwot, CO 80544-0210 W•TE • - SUPPLY II (303) 652-2188, Metro (303) 443-2036 July 2, 1986 TO WHOM IT MAY CONCERN : This letter is to confirm the water membership with Left Hand Water Supply Company for the property located at 873 Weld County Rd. 7, in the name of Bill J. and Donna J . Christian. The residential membership is further explained in the Schedule of Policies and Rates that is herein enclosed. If you have further questions concerning this membership, you may contact me at the Company office. S'ncerely, i ames M. Dickey General Manager cl enc. (2) SCHEDULE OF POLICIES S RATES 11. Business and Light Commercial Memberships A. Definition: Business and Light Commercial for the purpose of this membership classification is defined to include all users of 100,000 gallons per month or less and whose use is not included in the Residential, Multiple Housing, Industrial, or Special Use membership classifications. A single business and commercial membership may be grantedto cover more than a single enterprise if grouped in a single complex by nature of ownership or construction. REFERENCES: By-Laws Article 3 - B(1) . B. Membership Requirements: 1.) A Membership consists of the following: a. Membership fee b. . Front Footage fee c. One acre foot raw water 1) Left Hand Ditch share or Big Thompson Unit determined by property location. 2.) The membership fee shall be at current membership price for one membership. Each membership will allow a maximum of 20,000 gallons average monthly usage. Whenever the average monthly usage exceeds the maximum gallons allowed during any six (6) consecutive months an additional Membership or Memberships must be purchased to comply with the Membership requirements of 20,000 gallons average monthly usage per membership. 3.) The following additional table shall also be used to determine the number of memberships required for motels, shopping centers and other Business & Light Commercial Membership Taps when service is provided for more than one unit through one meter as determined by engineer and/or Board of Directors. a. Motels & Other Business & Light Commercial Membership Taps: 1 - 71Jnits 1 Membership 8 - 15 Units 2 Memberships 16 - 23 Units 3 Memberships 24 - 30 Units 4 Memberships 31 - 40 Units 5 Memberships For more than 40 Units, -one membership will be required for each additional five units or less. b. Shopping Centers - not for manufacturing enterprises 1 _ S Fnrnrnri CPS _LMirmhershio 36-Ulm clay loam, 0 to 3 percent slopes. This is a ,seep, well drained soil on plains •at elevations of 5,075 to 5,200 feet. It formed in alluvial and eolian sediments from shale. Included in mapping are small areas of soils that have shall between 40 and 60 inches. Also included are small areas of soils where the surface layer and subsoil have been recharged with lime from irrigation. Typically the surface layer of this Ulm soil is brown clay loam about 5 inches thick. The subsoil is brown and pale brown clay about 14 inches thick, The substratum to a depth of 60 inches is clay and clay loam. Permeability is slow. Available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is low. In irrigated areas this soil is suited to all crops commonly grown in the area, including corn, sugar beets, beans, alfalfa, and small grain. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Land leveling, ditch lining, and installing pipelines are needed for proper water applications. All methods of irrigation are suitable, but furrow irrigation is the most common. Barnyard manure and commercial fertilizer are needed for top yields. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 28 bushels per acre. The soil is summer fallowed in alternate years to allow moisture accumulation. Generally precipitation is too low for beneficial use of fertilizer. Stubble mulch farming, striperopping, and minimum tillage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation is dominated by western wheatgrass and blue grama. 3uffalograss is also present, Potential production ranges from 1,000 pounds per acre in favorable years to 500 pounds in unfavorable years. As range condition deteriorates, blue grama-buffalograss sod forms. Undesirable weeds and annuals invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual production, Range pitting can reduce runoff. Seeding is desirable if the range is is poor condition. :iestern wheatgrass, blue grama, sideoats grama, buffalograss, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements o f ' ivestock. be seeded i� can se„ cd into a clean, firm sorghum stubble, or it can be drilled into a :firm prepared seedbed. Seeding early in spring has proven mos successful, Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting, Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans for habitat development, especially in areas of intensive agriculture, Bangela.nd wildlife, for example, the _)ronghorn antelope, can attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. This soil has poor potential for !lban and recreational develonment. Glow permeability and high shrink swell cause problems in dwelling and road sonstruction. Capability subclass lie irrigated, Ile nonirigated; Clayey Plains range site. pis r U U _ Q Q. p24" rs 4. I/ ' :•4. _ e ...:. — , . it c A %al ,. , , ., 41:, 04:1:". .iii. gilt v... 4,. .."K"*"4.4':.'17,7-4. ; a: ° let .4 .71,,,,, i4x . ‘..5 ..'. ,,,,1 7 . . ,,,_ (i...., : .f. -- F : , ' initimosi• J I . .„7.. •pll ..., 4,,,,„,,,, 7, , -- „,:_ , , , . \� 3 1, mob. "'` r • # aith .'„ i rt _ r� wit44 M "Z / r ".. ,. s 'T�'{rL,- .YY+' _ ., F .v'. ... 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O. BOX 758 'pM wV9M y P 110 552 733 J GREELEY, COLORADO 80632 � P Si I G+� '(" f M IL � _ . IllnW y. e r- N it ESN* Claim Cheek `Tp p ';. `" 5 1 6 7Lrl It �9 5 G LH enD�� / S EP 2 81981 a p ❑Nola REG ROCKWELL DERAL LAND BANK Data j`Ju. V nc. 2790 W. 1 TH AVENUE a. a ��Q� ERIE, C 516 LT' U U w 1ST Notice �„� S / � 2ND Notice - T" 'rd ,.— 7 BOARD OF COUNTY COMMISSIONERS CERTIFIED n " WELD COUNTY COLORADO P. 0. sVxt758— • P 110 552 734 C 15 GREELEY, �OLORADO 80632 le ' P F, ;r e SEP 2 91 M IL ` " & y i; FP F Claim Check a 1 Ilmh."'••,....S"" COL' I DER a m i;,a ,. cf.-taut N ❑Nola Kr[URN RECEI .'�►7F,Q ROCKW L ARAPAHOE NATL BANK TAR' o ru it Data REQU REQUEST Li ' 75TH AVENUE ERIE, ' . 80516 w, / "fry0, o 0 �O-1 -cc 1ST Notice C� NC�A�hl u.LL w2ND Notice WI,. V -V/ 5/ // 7 (J Lt, 4.7 Li Pa Fain Stt-A, Oct.INS I .. 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