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Home My WebLink About891329.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR SUBSTITUTION OF A NONCONFORMING USE (DECORATIVE ROCK FABRICATION, PROCESSING, AND FINISHING) - JACK AND LaVONNE ECKSTINE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 20th day of December, 1989 , at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Jack and LaVonne Eckstine, 8585 Weld County Road 22 , Fort Lupton, Colorado 80621 , for a Site Specific Development Plan and Special Review Permit for substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) on the following described real estate , to-wit: Part of the SE* , Section 9 , Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicants were represented by Charles Dickson, Attorney, and WHEREAS, Section 24 .4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicants and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicants have shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows: a. This proposal is located within the Urban Growth Boundary Area of the Town of Firestone and is consistent with the Weld County Comprehensive �/ Plan' s Urban Growth Boundary Area Goals and ��. 0�00�7 i�.' 2. .:� f' 891329 1 . 11T-_ III f 1ffT Till I Page 2 RE: USR - ECKSTINE Policies. The Tri-Area Planning Commission reviewed the proposal and indicated in a referral response dated November 9 , 1989 , they find no conflict with their interests; b. The proposal is consistent with the intent of the A (Agricultural) Zone District in which the use is located. The proposed use is a substitution of a nonconforming oil and gas support and service facility and is provided for as a Use by Special Review in the A (Agricultural) Zone District; c. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. The uses on surrounding properties include agricultural production, pasture , and a turkey farm. d. No overlay districts affect the site; and e. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2 . No additional building or electrical permits shall be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to recording the Special Review plat, the method for disposal of cutting fluids associated with the operation and the system design shall be reviewed by a 891329 T I { BIRTH _.. - _ _ Page 3 RE: USR - ECKSTINE Colorado Registered Professional Engineer. A copy of the report completed by the professional engineer shall be submitted to the Weld County Health Department for review and approval. A copy of the approved method and system design shall be submitted to the Department of Planning Services. 4 . Within 30 days of approval by the Board of County Commissioners , evidence shall be submitted to the Department of Planning Services that the approved system design for cutting fluid disposal has been installed and is operating in compliance with the Weld County Health Department' s regulations. 5 . Prior to recording, the Special Review plat shall he amended to show a 20 ' x 70 ' expansion of the existing building to provide inside storage. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 20th day of December, A.D., 1989 . ,� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD WELD COUNTY, COLORADO Weld County C erk and Recorder and Clerk to the Board C.W. Kirby, C airman EXCUSED BY: _ Ge R. Brantner, Pro-Te Deputy, ounty erk APPROVED AS TO FORM: Constance L. Harbert Geotge Kuhn yJ County Attorney Gor 891329 f 11111 1F ._111..1.,... DEVELOPMENT STANDARDS Jack and LaVonne Eckstine USR-894 1 . The Site Specific Development Plan and Special Review Permit is for substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended. 3 . Structures or septic systems shall not be located within Colorado Interstate Gas Company' s right-of-way. 4 . Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5 . Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust or other emissions. 6 . No permanent disposal of wastes shall be permitted at this site. 7 . Fugitive dust shall be confined on this site. 8 . The maximum permissible noise level shall not exceed the industrial limit of 80 dB (A) , as measured according to 25-12-102 , Colorado Revised Statutes. 9 . All individual sewage disposal systems for the facility shall be installed and maintained according to the Weld County Individual Sewage Disposal Regulations. 10 . All construction 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. 891329 [ ` 1 I n 11J I LJ11(11( 11 I I Page 2 DEVELOPMENT STANDARDS - ECKSTINE 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. 13 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 14 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15 . The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 891329 HEARING CERTIFICATION DOCKET NO. 89-58 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR SUBSTITUTION OF A NONCONFORMING USE (DECORATIVE ROCK FABRICATION, PROCESSING, AND FINISHING) - JACK AND LaVONNE ECKSTINE A public hearing was conducted on December 20, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Gene R. Brantner, Pro-Tem - Excused Commissioner Constance L. Harbert Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated November 29, 1989, and duly published December 7, 1989, in The New News, a public hearing was conducted to consider the application of Jack and LaVonne Eckstine for a Site Specific Development Plan and Special Review Permit for the substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) . Bruce Barker, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department -representative, entered the favorable recommendation of the Planning Commission into the record. Charles Dickson, Attorney, came forward to represent the applicants. He answered questions concerning the ditch lateral which runs through the property, but not through the Special Review Permit area. Mr. Dickson asked for the right to add a 20 x 70' addition to the existing building, and said a mylar will be submitted showing such. No public comment was offered concerning this request. Commissioner Lacy moved to approve the request of Jack and LaVonne Eckstine for a Site Specific Development Plan and Special Review Permit, subject to the Conditions and Development Standards recommended by the Planning Commission, with an extra Condition allowing the proposed 20 x 70' addition to the existing building. The motion was seconded by Commissioner Harbert, and it carried unanimously. This Certification was approved on the 27th day of December, 1989. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: eavuw tJ WELD COUNTY, COLORADO Weld County Cl k and 2144ARecorder and Clerk to the Boar C.W. Kirby, Ch irman By: //c t. _gC1 EXCUSED Deputy County Cl Genn R. Brantner, Pro-Tem onstance L. Harbert TAPE #89-55 ( � `.f . ,roc . George Ken d DOCKET #89-58 PL0624 Gord c 891329 _ .. _T1'11L 1 mRrrr r r- - _ - - ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: DECEMBER 20, 1989 DOCKET #89-20 USR - SUBSTITUTION OF A NONCONFORMING USE (DECORATIVE ROCK FABRICATION, PROCESSING, AND FINISHING) - JACK & LAVONNE ECKSTINE PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING / 891.329 ATTENDING 1-71�r n R r PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on December 20, 1989, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Jack and LaVonne Eckstine 81585 Weld County Road 22 fort Lupton, Colorado 80621 LEGAL DESCRIPTION: Part of the SE} of Section 9, Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) SIZE OF PARCEL: 2 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: December 28, 1989, in -The New News A S91329 STATE Or,.. COLORADO COUNTY OF WELD David B. Reynolds, being duly sworn , says that he is publisher of the New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continuously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, entitled "An Act PUBLIC t CE county to regulate the printing of legal of wwa D.cambit 70, 1 , notices and advertisements, " and a aulT amendments_ thereto; that the notice for the of which the annexed is a printed tbl. etslRes a v�pcooe� copy taken from said newspaper, was tp�AA published in said newspaper, and in •yea fare J Warm* the Y•'C'I;ul.ar and entire issue of W Road every number thereof ,, once ai ;sir week for I weeks; that said 11 1r of notice was so published in said OF new=spaper. proper and not in any a supplement thereof , and that the t ion PARCEL: 2 aerie,more first publication of said notice as �p� aforesaid , a on the to of by the and 8*. ®lam� a forfeltureao(althe v righo day of �e�s��!^�'� )) r,r��_� ABOARD COUNTY !V "! 21e9 WED COCO•�••1ti`\�QAIE__Iii and the last on the �� tiIAlX} R?CORDER AN� 'A TY G d E:l y 4 .1`y; f. BY: Mars'Re d �N December ha, j , Subscribed and s orn to before me this day of i)ei_:eiTi=JE:?r",i 1909 . ta.ry Public y commission expires 9- 12-90 891329 _11 . 11.111 f-..I_.__... .. NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial. Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost 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. 89-58 Jack and LaVonne Eckstine 8585 Weld County Road 22 Fort Lupton, Colorado 80621 DATE: December 20, 1989 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - Substitution of a nonconforming use (Decorative rock fabrication, processing, and finishing) LEGAL DESCRIPTION: Part of the SEI of Section 9, Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 22 and west of and adjacent to Weld County Road 19 (10137 Weld County Road 19) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: November 29, 1989 PUBLISHED: December 7, 1989, in The New News 891329 EX iuk Jai.. E STATE OF COLORADO s5.. COUNTY O1' WELD David B. Reynolds, being duly sworn says that he is publisher her of the Nel'. News, a weekly ly newspaper" published in Keenesburg in said County and State; that said newspaper has a general circulation in said CountyNOTICE and has been continuously and StatePurs of to C the olorado anndlafhe of d uninterruptedly published therein , 0rdinance,apublic hearing w be held in the during a period of at least Chambers of the Board of County Commissioners of Weld County, fifty—two cc n n se c u t i y e w e e k.s prior to Colorado, Weld County Centennial Center: 815 Tenth Street, First the first publication of the annexed Floor. Greeley..Colorado at the time specified. ll persons m any notice; that said newspaper is a Specific Develsopniinent Pla in n d newspaper pF3r within the meaning of the Special Review Permit are requeeted to attend and- may be act of the General Assembly of the Should the applicant or any State of Colorado, entitled "A n Act interested party desire the presence of a court reporter to make a record of the proceedings to regulate t:h F_ printing of legal in addition to the taped record notic:es:, and advertisements, " and which will be kept during the hearing, the Cle the rd s the o f ice 9hac be a if Writing amendments thereto; that t..+E notice of such action at least five days prior to the hearing. The cost of of which the annexed is a printed engaging a court rerir shall be copy take r: from said newspaper, was E IT Aty sokh path t' the text and maps so certified by the published in said newspaper , a n d in Weld County Planning Commission may be examined in the office of t h e regular a rl d entire :issue of the Clerk to the Board of County Commissioners, located in the every number thereof , once a week Weld County Centennial Center, 915ee�l1ee1yy0th Strgedett, Third Floor, for one week ; that said notice was isbe,'KE+f of 8958 so published in said newspaper APPLICANT Jack and Lalonne Eckstine 8585 Weld County Road in proper and not any supplement. rt Fort Lupton,Colorado 80621. DATE: December 20,1988 thereof , and that the f.i.rst•. TIME: 10:00 A.M. publication �. - REQUEST: Site Specific o f said notice t.i s C_ as Development Plan and Special Review permit - Substitution of a aforesaid , w a s on t h e nonconforming use (Decorative rock fabrication, processing, and inn M DESCRIPTION: Part of 7th day of December, 1989, the SEi/4 of Section 9 Township 2 North Ranee 67 West of the 6th P.M. 'Weld County,Colorado LOCATION: North of Weld County and the last on the Road 22 and west of and adjacent to Weld County Road 18 (10137 Weld County Road 19) BOARD OF COUNTY 7th day of 1)ecembe ' 1 989„ 1IS WELDCOUNTY �AADO ` BY: MARC+U + & RECORDER ANIMITK TO THE BOARD ~� c DATED:Limit ei 199 uty PUBLISHED: December 7, 1989, in The New News Subscribed and sworn to before �E eLrk Lv-� me this 1 day of No✓embcr , 1989 . No .dry Public My commission expires +- ' -90 891329 -Affidavit of Publication STATE OF COLORADO County of Weld ss. FWeaeelr SAS of Colorado WMT County ll be Inn Ordlarne. le hearing wl8 be held lit the Cheers of the Board of I a Winkler Riegel of said County of Weld being duly sworn,say County O. .KilihtMe a WeldCourty, _that I am publisher of .M Colorado, Wdt*-County Centennial FORT LUPTON PRESS Center, 915 Street. First Floor' Greeley, Cole]do, at the time that, the same Is a weekly newspaper of general circulation was fxullespecified. IAlli lMp�In manor In- printed and published in th<town of hese Specific Develop- lmnt Plan enfepadel Review Permit FORT LUPTON are emote is attend and may be heard. in said county and state that the notice of advertisement, of which Should the m or any interestedinterestedthe annexed Is a true copy has been published m said weekly party Seine a a the or of a court newspaper for reporter to makee�a record of the pro- la the taped C)......4--. consecutive weeks: rid whkh j1'f be kept erns the the that the notice was published in the regular and entire Issue of every Samna ,the Chit lathe Bead's Office number of said newspaper during the period and time of publication �adviseh of arch action proper and not in a supplement at five this the hearing. of said notice and in the newspaper p per The asst of a court repster thereof:that the flat publication of said notice was contained in the sues borne repueainep,. issue of said newspaper bearing the date of RE IT ALSO that tie ert A. newspa f and the last publication men i ii the be Weld ereof,in the issue of said newspaper.bearing date. -Utcora of S4erk to the Bond Come CommWienhoa,located M 9M the day of Uel County Ontnnsal Center, 9Ie gut.fled Floor,Gres Gel.,�. n -a/ 1 9t that the said erdM. Def4fBTio.isaa APPLICANT FORT LUPTON PRESS Jed,ed LaYoomEdens Sill County is a has been published continuously and uninterruptedly during the Foli Le en.Colorado 511 _period of at least fifty-two consecutive weeks next prior to the first MS DocentISS,1989 issue thereof containing said notice or advertisement above referred 7Myyl.t0A0 ,`. to: and that said newspaper was at the time of each of the T: SIIILeyacNk Development F9al am publications of said notice duly qualified for that purpose within the t Speer Review Morel - -meaning of an act entitled. "An Act Concerning Legal Notices. >♦iallttithn 11�mncaritormYr ties Advertisements and Publications and the Fees of Printers and AeaaFatlw 'fabrication.Meeea► Publishers thereof, 9nd to Repeal all Acts:and P o LS ele,aid R Conflict with the L ions of this Act"a ved-A 'I 7. 192 . - DE :PM of the RE . all amen nts t,Ff f, particul d by act iNctitn 9, Ip 2 North, me ta O Weal of the P.M.Weld County, appnrd +u :F3p;ly¢3 • Colorado LOCATION:North of Weld County Road � / 22 and west el and adjacent to Weld County Road 191/0137 Weld County Publisher ROW 19) BOARD OF Sub aslectom to before me this day of COUNTY COMMISSIONERS D 19 I, WELOCOUNTY,COLORADO r,_ BY:MARY ANN FEUERSTEIN \ ^ ^ COUNTY CLERK AND RECORDER 1Y/ ye�.v..QY P t1+.QU<Y"r.��/ AND CLERK TO THE BOARD ' Notary Public BY:Shells Wier,Deputy 415 DENIER AVENUE *la flower •s int FT. LUPT0N, CO 80621 DoonsherIrand .a Ell.Fort UPS Plea My commission expires June 1992 „'.Ilid3.Lii UNP1ivd JJI1O 30, 'l 902 891329 DATE: November 29 , 1989 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 20th day of December, 1989, at 10 :00 A.M. Docket No. 89-58 - Site Specific Development Plan and a Special Review Permit for substitution of a nonconforming use (Decorative rock fabrication, processing, and finishing) - Jack and LaVonne Eckstine OFFICE OF THEV' K TO THE BOARD BY: / yael; Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO )91 /6/1. hte K- / q / i 891329 Summary of the Weld County Planning Commission Meeting November 21, 1989 Page 2 APPEARANCE: Russ Anson, Attorney at Law, represented the applicant. He stated the sign posting requirements had not been met by the applicant. Therefore, they had no objection to this request being continued to the regular meeting of the Planning Commission scheduled for December 5, 1989. MOTION: LeAnn Reid moved Case Number Z-451 for Robert E. and Lenora Comer (Plastic Art Products) be continued to the next regularly scheduled meeting of the Planning Commission on December 5, 1989, at 1:30 p.m. , to allow the Applicant sufficient time to meet the sign posting requirements. Motion seconded by Judy Yamaguchi. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bud Clemons - yes; Rick Iverson - yes; LeAnn Reid - yes; Judy Yamaguchi - yea; Ann Garrison - yes; Bud Halldorson - yes. Motion carried unanimously. LASE NUMBER: USR-894 4APPLICANT: Jack and LaVonne Eckstine REQUEST: A Site Specific Development Plan and a Special Review Permit for substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) LEGAL DESCRIPTION: Part of the SE} of Section 9, T2N, R67W of the 6th P.M. . Weld County, Colorado LOCATION: North of Weld County Road 22, vest of and adjacent to Weld County Road 19 (10137 Weld County Road 19) APPEARANCE: Jack Eckstine, applicant, stated this property has had a commercial operation on it for about twenty years. The property looks much nicer now with this operation on it than it did before. There will be some outside storage of piled materials. Supplies will consist of only one to two semi-loads a month. The Chairman called for discussion from the audience. There was none. The Chairman asked the applicant if he had reviewed the recommendation, conditions, and Development Standards presented by the Department of "Planning Services staff. 891329 Summary of the held County Planning Commission Meeting November 21, 1989 Page 3 Lanell Curry asked that a new Development Standard #10 be included to read: -Representatives of the Bull Canal shall be provided access to the Bull Canal and no structures or uses shall encroach on its sight-of-way. And that all ensuing standards be renumbered consecutively. Charles Dixon, Attorney for the applicant, felt the staff is trying to _create a contract right on the existing rights of the Bull Canal. The Canal has a thirty foot right-cf-way from the centerline of the ditch in both directions. Other than objecting to the recommendation for a new Development Standard 10, they have no problems with the staff's recommendation. MOTION: Bud Clemons moved Case Number USR-894 for Jack and La Vonne Eckstine for a Site Specific Development Plan and a Special Review Permit for substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) be forwarded to the Board of County Commissioners in its original written form with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards as originally presented by the Department of Planning Services staff and the testimony heard by heard by the Planning Commission. Motion seconded by Rick Iverson. The Chairman called fcr discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bud Clemons - yes; Rick Iverson - yes; LeAnn Reid - yes; Judy Yamaguchi - yes; Ann Garrison - yes; Bud Halldorson - yes. Motion carried unanimously. CASE NUMBER: None APPLICANT: Town of Pierce (continued from October 17, 1989) REQUEST: A Site Application for the application of wastewater onto farmland LEGAL DESCRIPTION: Part of the NW} SW{ of Section 36, T8N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 1 .5 miles southeast of the Town of Pierce; east of Weld County Road 35 and north of Weld County Road 81 APPEARANCE: Charles Van Why, Mayor, Pierce, Colorado, stated water is a very important commodity in Colorado and we need to save water any place we can. If this -request is approved, the Town's wastewater would be sold back to the City of Thornton as irrigation water for its farms. 893.323 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-894 NAME: Jack and LaVonne Eckstine ADDRESS: 8585 Weld County Road 22, Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and a Special Review permit for substitution of a nonconforming use (Decorative rock fabrication, processing, and finishing) LEGAL DESCRIPTION: Part of the SE} of Section 9, T2N, R67W of the 6th P.M., Weld County, Colorado LOCATION: North of Weld County Road 22 and west of and adjacent to Weld County Road 19 (10137 Weld County Road 19) be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is located within the urban growth boundary area of the Town of Firestone and is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The Tri-Area Planning Commission reviewed the proposal and indicated in a referral response dated November 9, 1989, they find no conflict with their interests; - The proposal is consistent with the intent of the A (Agricultural) zone district in which the use is located. The proposed use is a substitution of a nonconforming oil and gas support and service facility and is provided for as a Use by Special Review in the A (Agricultural) zone district; - The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. The uses on surrounding properties include agricultural production, pasture, and a turkey farm. 891329 axiubu} USR-894 Jack and LaVonne Eckatine Page 2 - No overlay districts affect the site; and - Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department o₹ Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. No additional building or electrical permits shall be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Special Review plat, the method for disposal of cutting fluids associated with the operation and the system design shall be reviewed by a Colorado Registered Professional Engineer. A copy of the report completed by the professional engineer shall be submitted to the Weld County Health Department for review and approval. A copy of the approved method and system design shall be submitted to the Department of Planning Services. 4. Within 30 days of approval by the Board of County Commissioners, evidence shall be submitted to the Department of Planning Services that the approved system design for cutting fluid disposal has been installed and is operating in compliance with the Weld County Health Department's regulations. Motion seconded by Rick Iverson. VOTE: For Passage Against Passage Bud Clemons Rick Iverson LeAnn Reid Judy Yamaguchi Ann Garrison 891323 Bud Halldorson USR-894 Jack and LaVonne Eckstine Page 3 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 November 21, 1989, and recorded in Book No. XII of the proceedings of the -Planning Commission. Dated the 21st`day`of November, 1989. off+-�t cd,OeA, Bobbie Good Secretary S91329 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jack and LaVonne Eckstine USR-894 1. The Site Specific Development plan and Special -Review permit is for a _substitution of a nonconforming use (decorative sock fabrication, processing, and finishing) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property tight pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. Structures or septic systems shall not be located within Colorado Interstate Gas Company's right-of-way. 4. Waste oil, waste paints, stains, treatments, anti freeze, and other associated liquid and solid wastes shall be stored and removed for final disposal in -a manner that protects Against surface and groundwater contamination. 5. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive -dust or other emissions. 6. No permanent disposal of wastes shall be permitted at this site. 7. Fugitive dust shall be confined on this site. 8. The maximum permissible -noise level shall -not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 9. All individual sewage disposal systems for the facility shall be installed and maintained according to the Weld County Individual Sewage Disposal Regulations. 10. all construction 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 Wald 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. 891329 USR-8-94 Jack andLaVonne Eckstine Page 2 13. -Personnel from the Weld County -Health _Department and Weld County Department of Planning Services shall be granted access -onto -the property at any r-easonabl-e time #n order to ensur-e the activities carried out on the property comply -with the Development Standards _stated hereon and all applicable Weld County -Regulations. 14. The Special Review area _shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from -the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of -County Commissioners before such changes from the plans -or Development Standards are permitted. Any other -changes shall to filed in the office ,of the Department of Planning Services. 15. The property owner or operator _shall be responsible for _complying with all of the foregoing Development Standards. Noncompliance with -any of the foregoing Development Standards may be -reason for revocation -of the Permit by the Board of County Commissioners. 851329 -,— _ INVENTORY OF ITEMS -SUBMITTED FOR CONSIDERATION Case Number ti `5 /c -,i)(72/ Submitted or Prepared Prior to Hearing at Hearing 1. Application/0-Pages 2. / Applicant plat(s) I page(s) 3. DPS Referral Summary Sheet 4. DPS Recommendation V 5. DPS Surrounding Property Owner's Mailing List 6. DPS Mineral Owner' s Mailing List 7 . 3 DPS Maps -Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case File Summary Sheet ✓ 10. DPS Field Check 11. /o-3y'8% L41 a 1,44 12. c is b'i u�� (nt� tin— 0-1-1 !7 13. /o �l-f9 e-(' re '°-2°- ✓ tAic -5(7 13. 0- $75' cAk 17. ion a��y- PQ� 4, ,,,,o G�O,�-�Z 18. it -9-P9 ,( � 19. 20. 21. I hereby certify that the %8items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on . Grent Plann STATE OF COLORADO ) CODNTY OF WELD ) .J,.d 19 za SUBSCRIBEb;%1 D, S . WORN TO BEFORE ME THIS - day of \a ,,.rw - a._— ',OTA fi rtt. pr .tc q e.C% - . . -.. ‹Z:' O� f��. ••' N011ARY PUBLIC Pr Commission L'xpires 1 i'&y Commission Expires Feb. 13, 1993 1x29 A p EXHIBIT INVENTORY CONTROL SHEET Uo5/1 Case "- ECIL &tUJW(L Exhibit Submitted By Exhibit Description n. 2.17G .84✓f1"21 D� (�G ito.> 6/2c.I. eat � U 7 B. p,7,2,47 / 1 /�I/l�u /�� / P�.✓J'7)c/'J� DrJG cuaw c. —a) ege D. 4,4k -4 dam a G. - H. I. J. K. L. M. N. 0. 891329 Date: November 21, 1989 CASE NUMBER: USR-894 NAME: Jack and ZaVonne Eckatine ADDRESS: 8585 Weld County Mead 22, Fort Lupton, CO 80621 REQUEST: A Site Specific -Development Plan and a Special Review permit for substitution of -a nonconforming use (Decorative rock fabrication, processing, and finishing) LEGAL DESCRIPTION: Part of the SE} of Section 9, T2N, R67W of the 6th P.M. , Weld County, Colorado :LOCATION: North of Weld County -Road 22 and west of and -adjacent to Weld County Road 19 (10137 Weld County -Road 19) THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials -are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is located within the urban growth boundary area of the Town of Firestone and is consistent with the Weld -County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. 'Ile Tri-Area Planning Commission reviewed the proposal and indicated in a referral response dated November 9, 1989, they find no conflict with their interests; - The proposal is consistent with the intent of the -A (Agricultural) zone district in which the use is located. The proposed use is a substitution of a nonconforming oil and gas support and service facility and is provided for as a Use by Special Review in the A (Agricultural) zone district; - The uses permitted will be compatible with the axisting surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. The uses on surrounding properties include agricultural production, pasture, and -a turkey farm. - No overlay districts affect the site; and - Special Review Development Standards will provide adequate protection -of the health, safety and welfare of the neighborhood and County. 891329 USR 894 Jack -and LaVonne Eckstine Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The -plat shall he delivered to the Department of Planning Services and he ready for recording 1n the Weld County Clerk and Recorder's office within 15 days of -approval by the Board of County Commissioners. 2. No additional building or electrical permits -shall be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld -County Clerk and Recorder. 3. Prior to -recording the Special Review plat, the method for disposal of tutting fluids associated with the operation and the system design shall be reviewed -by a Colorado Registered Professional Engineer. A copy of the report completed by the professional engineer shall be submitted to the Weld County Health J apartment for review and approval. A copy of the _approved method and system design shall be submitted to the Department of Planning Services. 4. Within 30 days of approval by the Board of County Commissioners, evidence shall be submitted to the Department of Planning Services that the approved -system design for cutting fluid disposal has been installed and is operating in compliance with the Weld County Health Department'-s regulations. 831329 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jack and LaVonne Eckatine USR-894 1. The Site Specific Development Plan and Special Review permit is for a substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. Structures or septic systems shall not be located within Colorado Interstate Gas Company's right-of-way. 4. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust or other emissions. 6. No permanent disposal of wastes shall be permitted at this site. 7. Fugitive dust shall be confined on this site. 8. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 9. All individual sewage disposal systems for the facility shall be installed and maintained according to the Weld County Individual Sewage Disposal Regulations. 10. All construction 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. 891323 USR-894 Jack and LaVonne Eckstine Page 2 13. Personnel from the Weld County Health Department and Weld County _Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 14. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 891329 LAND-USE APPLICATION SUMMARY SHEET Date: November 14, 1989 CASE NUMBER: CSR-894 NAME: Jack attic LaVonne Eckstine ADDRESS: 8585 Weld County Road 22, Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and a Special Review permit for a substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) LEGAL DESCRIPTION: Part of the SE} of Section 9, T2N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 22 and west of and adjacent to Weld County Road 19 (10137 Weld County Road 19) SIZE OF PARCEL: 2 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from: - The Weld County Health Department - Colorado Interstate Gas Company - Farmer's Reservoir and Irrigation Company Referral responses have not been received from: - Platteville Fire Protectio❑ District Central Weld County Water District - Tr -Area Planning Commission No objections have been received by the Department of Planning Services' staff from surrounding property owners. xa043 G• 1=1;•(•• °r ? ° • [ °. •••. e, •, • . •- . c • .ay.% G,. /'—_ i. i. �• -s r Ali:• •-nLLE 1-7 :, , • r G. An G "'-^�Kc =• 1 � I re '� = d ��•�] ,_:G.,• "f{\ I/ �■■11 ) � ia _ �_ -• ••• l _._• •I a44 .C� xV it 1» • le `1 \•� .I r• r• S , • • / 4//. C. ruff I Ric r sr 1,•/ f ..-._ �i v 11 A\ 1.1 • •� / Cam. • • p vim J�'i—, .h—..•al• -� ^ • Jam• , c� fl . .. •.F ,.,• of r —��' c r a. • .. . 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A?„„,,k• q.1 i`9 t.: wl h �`� ♦ •:+ - `J • =♦.it • le-t, fi• r.. , 4—^ ''.II: •:� _ 7} .. ... t ti., i 1 ., 1 1 --- •{ - ''' ..ski -, : .,',' L- Fr* "z } 2�.. 1...111 \ e^ K. rS�� j� M a ili ‘. „ a„,c____„7,A,-, --...........k...-a-rz,aigi --• 'T/ 1:seq _ til.82 t. „'ate ...... / _ . . _ _ }t - ..II J 1 tea , • ,, NV ._r _ C.... v 4 Y 4a ,,,,,,-..-‘t 1 • • r, I- FIELD CHECK /- Filing Number: USR-894 Date of Inspection: /0/2 6/; Applicant' s Name: Jack and LaVonne Eckstine Request: Site Specific Development Plan and a Special Review permit for a substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) . Legal Description: Part of the SEi of Section 9, T2N, R67W of the 6th P.M. , Weld County, Colorado Location: North of Weld County Road 22 and west of and adjacent to Weld County Road 19 (10137 Weld County Road 9) . Land Use: N fa-111,17e (/Vega// 44,1,/ E /Uv'4Eci favi/0 s Udr P!„/all 91O-i ( eea!a/ W - /(("/1 i awlc e x 7L 74.7/. Zoning: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: 7:4(11 /1 . �! (� �� a v a71 ek'',O ti; fe ,h% 4114-ofdoHPd 46, /4 . /�r-�v/ �/ vre 4/ Airturer — ai e/sari (no- 7 w Gua(,{ 4,/ fe°wi L,Z, le a- //at. / Le-indHat r( 0"\-' Signature of Board Member 5!-.).132.3 REFERRAL LIST NAME: Jack Eckstine CASE NUMBER: USR-894 REFERRALS SENT: October 17, 1-989 REFERRALS TO BE RECEIVED BY: October 31, 1989 COUNTY TOWNS and CITIES Attorney Ault %X Health -Department 'Brighton 1—Engineering 'Dacono IX Emergency Management Office Eaton ----Garden City STATE _Gilcrest _-Division of Water Resources _Greeley _Highway Department _Johnstown Historical Society Keenesburg aWater Conservation Board _Kersey Oil and Gas Conservation Commission La Salle tochbuie FIRE DISTRICTS __l ongmcnt _Ault F-1 -Mead _Berthoud F-2 _Milliken _Brighton F-3 New -Rayner Dacono F-19 Nunn _Eaton F-4 Platteville _ _Fort Lupton F-5 Severance Galeton F-6 Windsor _Hutson F-7 _Johnstown F3 COUNTIES La Salle F-9 Atams _Longmont F-10 _Boulder _Milliken F-I1 _Larimer _Nunn F-12 Pawnee X Platteville F-13 FEDERAL GOVERNMENT AGENCIES Matte Valley F-14 _US Army Corp or Engineers Foudre Valley F-15 _USDA-APHIS Veterinary Service Raymer _Federal Aviation -Administration southeast Weld F-16 _Federal Communication Commission Windsor/Severance F-17 _Wiggins F-18 _Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER Fort Collins X -Central Weld County Water District Greeley X Tri-Area Planning -Commission / X Longmont 777-Farmer's Reservoir & Irrigation Co. 80 South 27th Avenue COF2IISSION/BOARD MEMBER Brighton, CO 80601 ✓X Bud Halldorson /XColorado Interstate Gas Co. Land Department P.O. -Box 1087 Colorado Springs, CO 80944 821323 th ((/ 1c- o A oui iewit To Weld County Planning October 30, 1989 Date COLORADO -From Environmental Protection Services �� ) Case Number: USR-894 Name: Eckstine, Jack & LaVonne Subject: environmental Protection Services has reviewed _this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquid and solid wastes , shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2 . Any -Required Emissions Permit is obtained from the Air _Pollution Control Division, Colorado Department of Health for fugitive dust or other Emissions . . 3. No permanent disposal of wastes shall be permitted at this site. 4. Fugitive dust must be confined on this site. 5. Maximum permissible noise level -shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102 , Colorado Revised Statues. 6 . An individual sewage disposal system, is required for the employees of the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations . 7. The septic system is required to be designed by a Colorado -Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations . 8 . The waste stream from the rock shall be evaluated by a Registered Professional Engineer to certify the handling and disposal including the land application of the liquid ,caste component. WP277/cs F -. �� ,r��t5 'LN0 V : 1989 I ri atetd CO. null it umnus .m 3 c:31.2.,2,-3 Colorado Interstate • OCT ' 19B-9 l �I Gas Company A FURS/DIARY OF Iw E COASTAL C::RppRati0N P O. BOx 1087 ttni .�1- , V�ltl'q y i5 The Energy People COLORADO SPRINGS, COLORADO 80944 719/520-4423 October 24, 1989 Weld County Colorado Department of Planning Services 915 10th Street Greeley, Colorado 80631 Attention: Mr. Keith A. Schuett Current Planner Re: CIG: F14 Pipeline Weld: _USR-894 Dear Mr. Schuett: Colorado Interstate Gas Company has reviewed the request of Mr. and Mrs. Eckstine and find no conflicts with nur interest. -However, with regard to Number 9 of the Proposed Operation and Use, Mr. and Mrs. Eckstine indicate the necessity of an -additional holding tank for floor drain water. CJG would tre concerned should this tank be installed along the east property line of the mow existing site. Thank you for advising -CIG of this new land use request. cerely, foe Martinez Senior Land Agent JEM:skb Attachment .-:PACJ -_ . .5 - .[144 8°11323 THE FARM-Er RESERVOIR AND IRRIGAT N COMPANY 80 SOUTH 27TH AVENUE • BRIGHTON COLORADO 80601 PHONE 659 •55] . October 24, 1989 Weld County Department of Planning Services -915 10th Street Greeley, Colorado 80631 Re: Case No. USR-894, Jack and La Vonne Eckstine Dear Hr. Schuett: We have received and reviewed the application for Hr. Eckstine. It is our recomendation that Hr. Eckstine and FRICO clear up the matter of the Right of Way of the Bull Canal through this property before Hr. Eckstine gets approval for this application. If you have any futher questions regarding this matter please don' t hesitate to call me. Sincerely, r Hanuel Hontoya Technician HHtmh cc: Albert Sack Ipr,c-ii_;� ` '1-'-J0 7ni ICI ''I Il 89'_23 bzrAh. _ti I Un rL;a iif.l \s , -IE5' U WOO I -LIC = 1 NE EIE F r1AN « E dT EET ET IJiL =iUP,lli HER C IFF ' 3 OFF CE )631 GE EELE , CO 30a:1 1 �iCASE NUMBER USA-894 COLORADO October 17, 1989 SO WHOM IT MAY CONCERN: _Enclosed is an application from Jack and LaVonne Eckstine for a Site Specific Development Plan and a Special Review permit for a substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) . The parcel of land is described as part of the SEI of Section 9, T2N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 22 and west of and adjacent to Weld County Road 19 (10137 Weld County Road 19) . This application is submitted to you for _review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 31, 1985, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and returu to our address listed above. 1 . We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 1. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: c �� I ti ,�� S. Please refer to the enclosed letter. 01( � Ci, , 5 I OCT Signed: tr�'( �-- � Agency: L� S'Li 7'. OC 1 3 1989 m �ate: /C�' ✓ _ _ -891329 it d Co. Pt:twill ..cmmm;uL L a NT C La`i`,i _ f 1 FEa CHELTINH CO I ^r^� �r WE' D _OUNITf El IGINEERIhJG DEPT ET \ ,'. q. N. 1 1 Tn 8 ..H r=eti IE 3t ' GFFL LE`r C . WII'D - 1^ 1989 CASE NUMBER USR-894 COLORADO October 17, 1989 10 WHOM IT MAY CONCERN: Inclosed As an application from Jack and LaVonne Eckstine for a Site Specific Development Plan and a Special Review permit for a substitution of a nonconforming use (decorative sock fabrication, processing, and finishing) . The parcel of land is described as part of the SE} of Section 9, T2N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 22 and west of and adjacent to Weld County Road 19 (10137 Weld County Road 19) . This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of She application and will ensure prompt consideration of your recommendation. Please reply by October 31, 1985, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. -Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and -find that it does/does not) comply with our Comprehensive Plan for the following reasons. V 2. -We do not have a Comprehensive flan, but we feel this request CD (is/is not) compatible with the interests of our s --I v town for the following reasons: a co _ .o !1 3. We have reviewed the request and find no conflicts with our ,AI interests. IL ) ' 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 Plea��-efier\ o the enclosed letter. Signed: ��A�-----,1 ,-- 1/4. Agency: �� ` ..� CM. Date: 1417 I `"' i 891329 rr_oilp- ,- OF i ANN:NG SER'/CEJ PHONE(303)356-4000 EXT.4400 915 10th STREET . Li �n ,ti4 r.. r�,,,��o '—� GREELEY, COLORADO 80631 I.:v r. ln OCT n 19x0 / t.. I L- r LJ '4. field Co. PC,;r,u,. • CASE NUMBER USR-894 COLORADO October 17, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Jack and LaVonne Eckstine for a Site _Specific Development Plan and a Special Review permit for a substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) . The parcel of land is described as part of the SE} of Section -9, T2N, R67W of the 6th P.M. , Weld County, Colorado. The location of the _parcel of land for which this application has been submitted is north of Weld County Road 22 and west of and adjacent to Weld County Road 19 (10137 Weld County Road 19) . This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 31, 1985, so that we may give full consideration to your recommendation. Please call Keith A. Schuttt, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. / We have reviewed the request and find no conflicts with our interests. 1+. A formal recommendation is under consideration and will be submitted to you prior to: 5. r �9 Please refe to the enclosed letter. Signed: i�?M (A - Agency: fi24->7):1 i ffl/Jf/j; Date: /)/4o { 3 891329 tERi;=T• N ( Cr PLANNING SEr / C E: (017;\ -t PHONE(303)356-4000 EXT.4400 3315 10th STREET GREELEY,COLORADO 80631 n1 r-4 nJ5 r r, - wigo C. COLORADOH'tut 6n fi.ui CASE NUMBER USR-894 October 17, 1989 f0 WHOM IT MAY CONCERN: -Enclosed is an application from Jack and LaVonne Eckstine for a Site Specific Development Plan and a Special Review permit for a substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) . The parcel of land is described as part of the SE} of Section 9, 'I2N, R67W of the 6th P.M. , Weld County, Colorado. The location cf the parcel of land for which this application has been submitted is north of -Weld County Road 22 and west of and adjacent to Weld County Road 19 (10137 -Weld County Road 19) . This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be -appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 31, 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. _Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that it -does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a -Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: J. Please -refer to the enclosed letter. Signed: ;,;, �2„ : Agency; ?.ir.clon[ Soil Ton5en•i[ on 7;str:c[ Date: .,,h,,. 'OfJO 891329 DEPA MEN T OF PLANNING SERViu`3 PHONE(303)356-4000 EXT. 4400 �� 915 10th STREET -` �, rv. �• r �`a` I �li^ "'', .-'� �' c, "' � ' _GREELEY, COLORADO 80631 C f, .I IIII t� a rJl ' Will 9't:1 Ca. "lacuwe „crmu,:c:u • CASE NUMBER USA—894 COLORADO October 17, 1989 TO WICM IT MAY CONCERN: -Enclosed is an application from Jack and LaVonne tckstine for a Site Spar"' - Development Plan ama a Special Review permit for a substitution of a nonconforming use (decorative sock fabrication, processing, And finishing) . The parcel of land is described as part of the SE} of Section 9, T2N, R67W of the 6th P.M. , Weld County, Colorado. The location of the Tarccl of land for which this application has been submitted is north of Weld County Road 22 and west of and adjacent to Weld County Road 19 (10137 -Weld County Road 19) . This application is submitted to you for review and _recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. -Please reply by October 31, 1969, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. -Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan _for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. xx Wa have reviewed the request and find no _conflicts with our interests. 4. A formal recut,aendation is under _consideration and will be submitted to you prior to: 3. Please refer to the enclosed letter. Signed: . d\. . 7 . _±-1/7 /1 ' /( /Agency: Tri-Area Planninct Commission .,ecrecar7 Lace: :o':, ±ci r '.929 891329 Gordon Turkey Farms, Inc. 6825 East Tennessee Denver, CO 80224 _Greeley National Bank Robert Parker, et -a7. P.O. Box 1098 c/o Trust Department Greeley, CO 80632 Farmer's Reservoir b Irrigation Co. 80 South 27th Avenue Brighton, CO 80601 Archie M. and Catherine C. Sprague 8592 Weld County Road 24 Fort -Lupton, CO 80621 Michael 0. and Linda R. Eckstine 1-0475 Weld County Road 19 Fort Lupton, LO 80621 Macey & Mershon Oil, Inc. 1600 Broadway, Suite 215C Denver, CO 80202 891323 DEPART% NT OF PLANNING SERVICE- / Yid PHONE pm)356-1000 EXT.4400 0 \/ el 915 10th STREET r 4114 GREELEY, COLORADO 80631 Wage C OWE ADO October 17, 1989 Jack and LaVonne Eckstine 8585 Weld County Road 22 Fort Lupton, CO 80621 Subject: DSR E94 — Request for a Site Specific Development -Plan and a Special Review permit for a substitution of a nonconforming use (decorative rock fabrication, processing, and finishing) on a parcel _of land described as part of the SE} of Section 9, T2N, R67W of the 6th P.M. , -Weld County, Colorado Dear Mr. and Mrs. Eckstine: Your application and -related materials for the -request described above are complete and in order et the present time. I have scheduled a meeting with the Wald County Planning Commission on Tuesday, November 11 , 19_89, at 1 :10 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County _Centennial Center, -915 10th Street, Greeley, Colorado. It is recommended that you and/or a _representative he in attendance to answer any questions the Planning Commission members might have with -respect to your eppli-cation. It is the policy of Weld -County to refer an application of this nature to any town or municipality lying within three miles -of the property in question or if the property under consideration is located within the comprehensive planning area -of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Tri-Area Planning Commission for its review and comments. Please call Becky Marker at 833-2075 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at she -Planning Commission Meeting to answer any questions the Commission members may have -with -respect to your appliccetiou. It is the responsibility of en applicant to see That a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to November 8, 198'9, you or a .representative should call me to obtain a sign to be posted on the site to lacer than November 11, 1989 . 891229 Jack and LaVonne tckstine . USR-894 Page 2 The Department 3f Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of -Planning Services' Affice a few days before the date of the Planning _Commission hearing to obtain that recommendation. If you have any questions 'concerning this matter, please letl free to call me. Respectfully, 1Eeiy chue `L Current Planner KAS:dn 821326 NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday November 21, 1989, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Jack and taVanne Eckstine LEGAL DESCRIPTION: Part of the SE114 of Section 9 1^N R67W of the 6th P.M., Wield County, Colorado TYPE AND INTENSITY OF PROPOSED USE: Substitution of a nonconforming use :decorative rock fabrication, processing, and finishing.: LOCATION: North of Weld County Road 22, west of and adjacent to Weld County Road 19 (10137 Weld County Road 19). SIZE:_2 acres,more or less -The public hearing will be held in the 4feld County Commissioner's Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments orr objectrequeions ionst relatedthe hould to be submitted in writing to the Weld County Department of Planning Services. 915 Tenth Street, Room 112, Greeley, Colorado 80631, before the above4ate or presented at the public hearing on November II 1989. Copies available of for�public e puupection application are the Department of Planning Services, Room 342, Weld County Centennial Center, 915 -Tenth Street, Greeley Colorado 80631 - Phone 1`b-M700,Extension HO. Ernie Ross,Chairman Weld County Planning Commission To be published in the New News To be 'published one 111 time by Novemr 8, 1989 ^ Published 1 in The New News fit,/-/\'J October 19, 1989. a Nlrth C r OCT rei 1I tic CO. PP,n,. .•1 .n,a.\ k„ 891329 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: Part of SE'%Section 9 T 2 N, _t 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is-proposed: SE'/% Section 9 T 2 N, R 67 W Property Address (if available) 10127 and 10137 WCR 19, Ft. Lupton, CO 80621 PRESENT ZONE NCU 74:82:47 OVERLAY ZONES TOTAL ACREAGE 2 acres PROPOSED LAND USE Rep1. of non-conforming use to decorative rock fabrication/fini EXISTING _LAND USE Oil field service establishment. SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Jack and La Vonne Eckstine Address: -8585 WCR 22 City Ft. Lupton, CO zip 80621 Home Telephone # 833-3670 Business Telephone II Name: Address: -City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Address: City Zip Home Telephone-# Business Telephone # List the owner(s) and/or lessees of mineral right-s on or under the subject properties of record. OWNER: Name: Jack and La Vonne Eckstine Address: 8585 WCR 22 City Ft. Lupton. £0 zip 60621 LESSEE: Name: Macey & Meishon Oil, Inc. Address: 1600 Broadway, Suite 2150 City Denver, CO Zip 80202 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted -with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) ��j�(/(//') (-1:77/e<7-277442. ,T 9lgnat C Own�'3 /e Authorized Agent Subscribed and sworn to before me this 10th da ctober 19 89 . NOTARY UBL My commission expires 10/4/91 891329 PROPOSED OPERATION AND USE 10137 WCR 19 1 . Proposed Use: Fabrication and finishing of marble and granite used for building facing, interior vertical f-acing, and flooring. 2. Need for Use: The area has been used for oil field support and ser- vices since 1969. The building was -built in 197_6. The building is the right size and location with all utilities avail-able in place. 3. Ixisting Uses tf Surrounding -Areas: The property to the east is used for commercial turkey production; the property to the south is -owned by the Greeley National Bank and is undeveloped; the property to the west and north is used as dryland pasture for cattle. 4. Residential Structures: North 1/2 mile — owned by my son; East 1/5 mile - owned by Gordon Turkey farm; west 3/10 mile - owned by me. Thera is a mobile home located on the property which has been used by company personnel to control and protect the operation and will remain as such. 5. Number tf Users, Patrons, Members, and -Buyers: There will be one user of the building. There will to no patrons, members or buyers. 6. Number tf Employees, Shifts and Hours: There will be approximately six employees, with one day-time shift and normal day-time hours. The employer is seeking to hire local personnel which will help the local economy. 7. Water Source: Water is now supplied by Central Meld Water District. There will to no increase in the demand for water. 8. Vehicular Traffic: Employees will use normal auto/truck vahicl-es on a daily basis. Deliveries will occur two to three times a week and will be delivered by standard delivery trucks up to tractor/trailers. 9. Sewage Facilities: There is an existing septic system and holding tank, which is -adequate. We will need one additional holding -tank for floor drain water to collect the grit in a settling tank. The excess water will to used to irrigate the -adjoining pasture. 10. Proposed Fire Protection: The area is within the Platteville Fire Protection District. The material to be handled is natural stone. Hand- held -fire extinguishers will be placed at _each end of the building. 11. Types and Maximum Number of Animals: None. 12. Type and -Size of Waste, Stockpile or Storage Areas: Stockpiling -of material will occur within the building. There will be no other waste. No junk will tie allowed to stockpile on the property. The waste stone or granite will be placed in dumpsters which will be picked up on a weekly or bi-weekly basis. 891329 13. Type of Storm Water Retention Facilities: The building is existing and no additional impact is -anticipated. 14. Time Schedule for Removal and Disposal of Debris, _Junk and Waste: Dumpsters will be picked up either weekly or bi-weekly as need dictates. No other junk or waste will be allowed to accumulate en the property or within the building. 15. Proposed Landscaping and Erosion Control. The building is existing with the open areas Covered with gravel or roadbase to control erosion of soil. 1b. Reclamation Procedure: There will be no reclamation needed. 17. Time Table: None because -building is existing and no additions are required. 18. Weld _County Comprehensive Plan: The location is within urban growth boundary. It appears consistent with the Town of Firestone. The business is located in an area that is non-prime agricultural land. Therefore no land will be -taken off production. 19. Intent of District: The area is located in the agricultural district. Replacing of non-conforming uses are allowed by special revision. 20. Efforts to Conserve Agricultural Land: This property is already in a deli-gnat-ed use -as a shop building and there will the no additional land acquired or needed for-this use. 21 . Protection of Health, Safety and Welfare -of Neighborhood: The type of work to be performed does not involve the storage of hazardous chemicals and any debris will be n-atural rock or stone. 22. Use Permitted: The fabrication -and finishing of the decorative -stone will be in the building. Therefore it will have minimal impact on the surrounding area. The adjacent land to the east is owned by Gordon Turkey Farm and used for commercial turkey production. The land to the north and west is used for dryland -pasture and the property to the south is owned by Greeley National Bank and is undevel-oped. 23. Development of Surrounding Areas: This building and site are existing and -have not had nor will it have an impact on the development of the surrounding areas. Future -development can -occur as permitted by the existing zone as projected by the comprehensive plan of the county or the adopted master Mans of affected -municipalities. The property is serviced by Weld County Roads 22 (unpaved) and 19 (paved). The Continued use will not affect highway travel more than past use by this property. 24. Flood -Plain. The existing site is not located within a flood plain, geological hazard or Weld County Airport -overlay district area. -2-- 821329 25. Water Supply: The present water suppli-ed -by Central Weld Water District will continue to serve the needs of the proposed use. -A copy of the C-entral Weld Water District tap agreement and a copy of a till is attached for verification.. 26. Copy of Deed. Attached. 27. Noise. The noise level of fabrication will be negligible outside the -building and will not disturb surrounding properties. 28. Soil Report. Attached. 29. Certified List of Property Owners. Attached. 30. Certified List of Mineral Owners and lessees of Minerals: Attached. 31. Use by Special Review Permit Plan Map. Attached. 32. Since -the building and site is existing and previously approved for shop use and -there are no changes to be made other than power upgrade and other minor changes within the building, the proposed use complies with the design standards outlined in Section 24.5 of the Weld County Zoning Ordinance and shall -continue to meet these standards. DATED: (� .. 3- 821329 ,iooKib4:( PAGE 0 , `L % f Jt ' 31952 Record, o'eloclt df. Reception No 71-N Sr01.'._^t 4r3 >71 n Recorder. TMIS1)EED, Made this day of July in the year of our Lord one thousand nine hundredsnd sixty two between The Farmers Reservoir and Irrigation Company a a corporation duly organized ;i and existing underand by virtue of the laws of the State of Colorado ,of the first part,and 3 Jack 0, -Eckstine and Verna IaVonne Eckstine of the County of Boulder and State of Colorado,of the second part: WITNESSET$Mat the said party of the first part,for and in consideration of the sum of Ten Dollars -and other good and valuable consideration nCmiS aa, to it in hand paid by the said parties ofthe second part,the receipt whereof is hereby confessedrand acknowledged, hasgranted,bargained,sold and conveyed and by these-presents does grant,bargain,sell,convey and confirm unto the said parties of the second part,not in tenancy in common but in joint tenancy,the survivor of them,their assigns and the heirs and assigns of such survivor forever,all the following described lot or parcel of land,situate, .�} lying and being in the County of Weld and State of Colorado,to-wit: All of the Southeast Quarter (SE,'--,) of Section Nine (9), Township Two (2) North, Range Sixty-Seven (67) West of the Sixth Principal Meridlian, save and except the following parts thereof: A tract of land more particularly described as follows: Considering the -east line of said Section 9 as bearing due north and commencing at the Southeast _corner of said Section -9, thence North 89°35' West along the south dine of said Section 9 a distance of 266.00 feet to the true point of beginning; thence North 89°35' West ,929.00 feet; thence North 0°00' East 1500 feet; thence South 89°35' East 1274 feet; thence South 0°DO' East 1440 feet; thence South 89-°35' East 655 feet; thence South 0°00' East -60 feet to the true point of beginning; also, a strip of land 30 feet wide, the center line of which is described as -. follows: Commencing at the Southeast Corner of said Section 9, thence 89°35' West 921 feet, thence Ncrth 0°D0' East 1:500 feet, thence 89°35' 1 East 728.8 feet to the true point of beginning of the center line of said 30 foot strip; thence North 10°22' West a -distance of 1112 feet, more or less, to the center line of Coal Ridge witch. t rat^ t• are conveyed to parties of the second part —._ ..- — but said parties of the second part -are hereby granted a perpetual right of use of the excepted land for agricultural and grazing pur- poses, and of the lake located thereon for fishing and hunting privi- leges. Nothing herein contained shall require the party of the first part to construct or maintain fences or bridges or other protective structures, or to maintain any level of water in the lake located on said excepted -portion of land. l In _consideration of the granting of agricultural, grazing, fishing and hunting privileges, the parties of the second part assume all risks incident thereto and agree to hold harmless the party of the first part from any and all claims or causes of action for damages arising out of, directly or indirectly, or _in any way attributable to, the use of the lake and lake site herein reserved to the party -of the first part. Nothing herein contained shall authorize the parties of the second part to grant or extend fishing and hunting privileges to third parties. p� .— ,rwa�..,. Irv" e'�k�l�, d r I'JI'd' :.1s, o i/tot Roses El't. r: (trraeauamnpv J IRBR x mn,IN IWAA L p 410 lfi I a TOGETHER with all and singular the hereditaments and appurtenances thereunto_belonging, or in anywise 1 appertaining,and the reversion and reversions,remainder_snd remainders,rents,issues and profits thereof;and all -? the estate,right,title,interest,claim and demand whatsoever of the said party of the first part, either in law or +, equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. No. 929A.WARRANTY DEED.—Prom Corporation Se Joint TenmY. —The BredtordBabinson Pte.Co.,-lira.Robinson's Leeel Menke,1848 Stout St,Denver,Cola Z\, 891329 • .BOOK.I64U PAGE J TO HAVE AND TO HOLD the maid premises above bargained and described,with the appurtenances,unto the said parties of the second part,the survivor of them,their assigns,and the heirs and assigns of such survivor forever. And the said party of the first part,for itself,its successors and assigns,does covenant,grant,bargain and agree to and with the said parties of the second part,the survivor of them,their assigns and the heirs and assigns of such survivor,that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed,es of good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple, and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form afore- said,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments and incumbrances of whatever kind or nature soever, except as follows: Taxes for -the year 1962 and all subsequent years; rights of persons in possession; all mineral reservations of record; easements and rights—of—way of ction. It agreed thatr therparrtiesaparenoft f the second part rom visual eaccept title s hereunder expressly subject to each of the matters listed above. and the above bargained premises,in the quiet end peaceable possession of the said parties of the second part,the survivor of them,their assigns and the heirs and assigns of such survivor,against all and every person or persons lawfully claiming or to claim the whole or any pert thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,The said and its corporatefirst teppart l to be hereunto its a corporate ate name by to hereunto sub- scribed by its Secretary,the day and year first above written. Attest: [7 /� THE FARMERS RESERVOIR AND IRRIGATION -�,. ... .COMPANY..... - . . aecre4ry , ti 4, L. '1 Bye y( C..-.... ...c...-.Z.41 tame '-is"-n.. STATE OF COLORADO, }ss. C1tX.....apd...00uitry ot.._Denver 111 e o r alike Viragoiug instrument was acknowledged before me this 1 D day of July Iviota..,bye M. .C., Sarchet, presidents and G, A, Pelz, Secretary. - - , WITNESS my hand and official seal. MT commission expicas...jf,..i,�..,::1.-.—.—r•--.�-}..I.y..ie3Q persons NotpnaryC Pubiio I ty or as attorneelf by nature'y-in-fact,thenp nsseerrt narn of a insert nams e or attorney-In-feet or othercaa�ity or representative official y Officer tof cor- or. poration then insert name of such wooer person officers,as the president or other officers of suchcorporation,naming _Aokwwledgmeet,Colorado Statutes annotatd—Ch. 40.Seo.107. cil U I I ; w W n b z X X w A -4 4 f N A /�y pp.�l H w r\\ N x E 1d S.. F F fz7 c�1 \ 1 O : cal a _4 . , m __, ce w v z ti) z U •o m a -5 q I. gI i $ oiIn M x 8 • C I 0 a _ x 4, 2 , F AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of SEW, Section 9, T2N, R67W SATE 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 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the applicf ion submission ate. The foregoing instrument was subscribe and sworn to before me this 9th day October , 19 89 , by Jack 0. Eckstine WITNESS my hand and official seal. My Commission expires: 10/4/91 Notary Publ1 891323 April 17, 1969 ACTIVE-TAPS byz TAP SEE AGREEMENT THIS AGREEMENT, made and entered into this 1ya day of N..' 6 , 19-7%t— by aad between the CENTRAL WELD COUNTY WATER DISTRICT, hereinafter w1Y'eb�the District, and _ and - - .-Ventiu D..letl..c hereinafter called ustcmer, SETH: WHEREAS, District has been organized as a legal. body and is known.as the Central Weld County Water District, and WHEREAS, Customers-are taxpaying electors within said District, at desiring to join said District, or and, WHEREAS, Customers are desirous-of purchasing nn. water tap o£ inches in-diameter from the said District, NOW, THEREFORE, in consideration of the premises and the terms of this agreement, it is mutually-agreed as follows: 1. Customer-agrees to_pay the plant investment fee of Dollars. Wive-fluttered. P4 fty-and Heal sea s. 2. In the event is is-not economically feasible to extend the-water to the property line of Customer, which matter is in the entire discretion-,f District, then all sums paid hereunder shall be returned to Customer and the agreement shall .. be null and void. 3. the description of the premises for which these taps are:being purchased is as follows: SE} Sec. 9, T2N, R67 (111a) Exc.;-beg at a pt 266 -ft W of SE corner, W 1929 ft, N 1500 ft.,-E 1274 ft. S 1440 ft., E 655 ft, 8_60 ft.to be8.(43a) 4. This agreement, -when approved by the Beard it Directors, shall-become a legal and-binding-contract upon all parties hereto. 5. Customer further-agrees to execute any and all casemencn eeded by District at_no expense to District, across Customer's property for the purr„!se of_installing any pipelines constructed by District. District shell Se responsible for restoring surf-ace area back to reasonable condition-at District cost. 6. _It is further-mutually agreed that this agreement shalt extend to and be binding upon the heirs, executors, administrators and-assigns of the parties hereto. 7. -Customer further agrees to the following special provisions: 6. Customer further agrees to abide by the rates _established and the rules and regulations of the District. IN WITNESS WHEREOF, the parties hereto have hereunto and hereunder set their signatures the day and year first hereinabove written CUSTOMER-SIGNATURE CENTRAL WELD CCUNTY WATER DISTRICT (Property Owner) BY / /yC/fP�Ia/tea Jack Eckstine K. He •1 y �,za ti ,.. ./� i -ATTEST Verna Ls Yonne Eckstine Paul-Noshiko, Jr., Secretary 891329 I 1 %CENTRAL WELD COUNTY WATER DISTRICT 2235 2nd-Aye. Ph. 352-1283 Br o.. N to n U$.hununcr PRESORT-ED Greeley,Colorado 80631 ''- """'°`'Suite 20U FIRST CLASS MAIL ' ' creek I:, ((i 80631 US POSTAGE PAID WATER BILL GREELEY,CO ' P EATEUSI PRESENT I P EVI•US I P• ESEN7 Permit No.74 ATE REA•ING EA•ING 9/01 10/01 742 743 DIDRICKSDN , MICHAEL * * FLEA iE REMIT *** 10137 WELD CO. RD. 19 FT. LUPTON , CO £306'21 GALS. CUR'ENT CMARGE� PAST •UE • 1 r.. 1�_i . ii0 15.00 DATE PAYABLE —y 10/10/89� Daps Shown in PLEASE PAY 1 Thousands of Gallons THIS AMOUNT PLEASE PAY THIS AMOUNT ACCOUNT NO. l 3f f• tII r , x••.a n :- ilipt 30.00 fill �,,ty� ,,, ,, •,;y� ,j4 ACCOUNT NO. P I, �rl 30 00 , 1ii*e.,- 821329 MINERAL RIGHTS AND LESSESS OF MINERALS 10137 WCR 19 Owner: Jack 0. and Verna La Vonne Eckstine 8585 WCR 22 Ft. Lupton, Co 80621 Lessee: Macey & Mershon Oil , Inc. 1600 Broadway, -Suite 2150 Denver, CO 80202 Dated: /0 891329 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subjtct Broperty SE9., -Section 9, T2N, R67W 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 accurat-e list of the names and addresses of all mineral _owners and lessees of -minerals 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, from an ownership update from a title _or abstract _company, or -an attorney. _. tel The foregoing instrument was subscribed and sworn to before -me this 9th 4ay of October , 19 89 , _By _Jack 0. Eckstine WITNESS my hand and official seal. My Commission expires: 10/4/91 Notary dub c 89132E 8585 WCR 22 Ft. Lupton, CO 80621 October B, 1989 Department of Planning Services Weld County 915 - 10th Street, Room 342 Greeley, CO 80631 Re: 10137 WC-R 19 Non-Conforming Use Permit Gentlemen: I have applied for a special use permit for the above property. I request -that the County issue a building permit for -electric-al upgrade and holding tank prior to the County Commissioners' final approval. The permits' delay will have a severe economic impact on this t enant as they have a large investment in this equipment. Also, any -delay will have an adverse affect in the local personnel whom this -tenant is seeking to hire. In addition, any delay will have an economic impact on me. I also agree to mold Weld County -harmless if the special use permit is denied and agree to remove the equipment. Yours Truly, Jack Eckstine 891229 /.._,/e9,/A74 na . -i, • a <q Pte. .r. t tt r r./..._ o En n 0 2 fa - - -6 v U O F W 15 9 Ca CI 4.7 U +] H N +] Y 1, C:17 CO i 4 P4,4 k e S N t ,t 4,'. H M up ico 8 s 88gf •, . q Ria 4' O Pan, ,. :. 2 I 891329 Hello