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Home My WebLink About850967.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN OIL AND GAS SERVICE BUSINESS IN THE AGRICULTURAL ZONE DISTRICT - J.B. AND LORETTA P. McCOY 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 5th day of September, 1985 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of J.B. and Loretta P. McCoy, 3230 47th Avenue , Greeley, Colorado 80631 , for a Use by Special Review for an oil and gas service business in the Agricultural Zone District on the following described real estate, to-wit: Part of the SW; , Section 23 , Township 5 North, Range 66 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 of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a . The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. 0),, ES 5 o 96 7 Pt IyC`7 Page 2 RE: USR - McCOY b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The subject site is in the planned growth area of the City of Evans. The Evans Planning Commission has recommended approval of the proposal. d. No overlay districts affect the site. e. Use by Special Review Standards 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 Use by Special. Review for an oil and gas service business in the Agricultural Zone District on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits he issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning_ Services Office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3 . The owner and/or operator shall be required to obtain all applicable building or electrical permits for USR-688 : 85 : 32 . 4 . Within thirty days from the date of approval by the Board of County Commissioners, the applicant shall apply for a septic permit for the mobile home. Page 3 RE: USR - McCOY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of September, A.D. , 1985 . /] �, WIAOt' ;. BOARD OF COUNTY COMMISSIONERS ATTEST: unman WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board I'Y eline Johnson , Chairman 4 Q BY;_ C`7�N--cs/ � &&9Pro-Tem eputy County C erk APPROVED AS TO FORM: C.W. Ki 2,‘ 7 y County Attorney / 9 Frank Ya gucha DEVELOPMENT STANDARDS J. B. and Loretta P. McCoy USR-688 :85 :32 1 . The uses permitted on the parcel shall be an oil and gas service business as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed hereon. 2 . A berm shall be constructed around the fuel storage tank. The berm shall be designed to retain the volume of the storage tank. 3 . The mobile home on the property shall be restricted to use as an office for the McCoy Construction Company. 4 . The applicant shall comply with the design standards for the Use by Special Review, Section 24 .5 et seq. , of the Weld County Zoning Ordinance. 5 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. 6 . Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 7 . The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations . Any material deviations from the plans and/or Standards as shown or stated above 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 and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8 . The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards . Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. HEARING CERTIFICATION DOCKET NO. 85-60 RE: USE BY SPECIAL REVIEW FOR AN OIL AND GAS SERVICE BUSINESS IN THE AGRICULTURAL ZONE DISTRICT - J.B. AND LORETTA P. McCOY A public hearing was conducted on September 5, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman - Excused Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated August 19, 1985, and duly published August 22, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the application of J.B. and Loretta P. McCoy for a Use by Special Review for an oil and gas service business in the Agricultural Zone District. Lee Morrison, Assistant County Attorney, made this matter of Record. Chairman Pro-Tem Brantner advised the applicant of the procedure used when only four Commissioners are present. Gloria Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission into the record, stating that nine Development Standards are recommended for this Use by Special Review request. John Paranto, controller for McCoy Construction, and Kim Lawrence, Attorney, came forward to represent the applicant and answer questions of the Board. No one else was present to comment concerning this request. After discussion, Commissioner Lacy moved to approve this Use by Special Review with the conditions and Development Standards as recommended by the Planning staff and the Planning Commission. The motion was seconded by Commissioner Kirby and carried unanimously. This Certification was approved on the 9th day of September, A.D. , 1985. APPROVED: el 1 { BOARD OF COUNTY COMMISSIONERS ATTEST: F�UA/�0�¢t WELD COUNTY, COLORADO Weld County Clerk and. Recorder EXCUSED and Clerk to the Board. Ja eline Johnson, Chairman Tb1uty County Cle tene R. Brantner, : S: . Frank Yamag chi TAPE #85-76 DOCKET #85-60 I.HR 2277 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : SEPTEMBER 5, 1985 DOCKET #85-60 USR-OIL & GAS SERVICE BUSINESS IN AGRICULTURAL ZONE DISTRICT, MCCOY DOCKET # DOCKET # PLEASE write or print legibly your name , address and the DOC 7 ias II : -1:_d above) or the ctonlicancs name or the hearing you are attnndin � . NAME ADDRESS HEARING ATTENDING cum -loll Iff . nee_ 1O it �c i (Lt._ ,-.2,3 i o.; /,,Viki %6/C l <, 61--SGz<<2 > V / NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be 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. 85-60 J.B. and Loretta P. McCoy 3230 47th Avenue Greeley, Colorado 80631 DATE: September 5, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Oil and gas service business in the Agricultural Zone District LEGAL DESCRIPTION: Part of the SW} , Section 23, Township 5 North, Range 66 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: August 19, 1985 PUBLISHED: August 22, 1985, in the Johnstown Breeze #c. X/f/8/T "� Pu tot Zoning s AFFIDAVITOF PUBLICATION toesot inrqgd•i� a,pWyc ha rm va be bragm the,Chambers at the County Comma THE JOHNSTOWN BREEZE OpUtialal Catec STATE OF COLORADO i 9I First Fr, ic 1 55 �o, et the timrl MI ;p!esom in any -meaner COUNTY OF WELD i iM�reaked m ate caw ty�gpeNst I, Clyde Briggs, do solemnly•e requested attend Y gg s, swear that I and may be hoard- • am publisher of The Johnstown Breeze; Should the applicant or any that the same is a weekly newspaper interested party desire the printed, in whole or in part, and published presence of • certified court reporter to make a record of the in the County of Weld, State of Colorado, rm •d0ltlon'to the and has a general circulation therein; that ecgatel which $ Pe che_ fns swim, ttls clack said newspaper has been published can be coot for a nu Office, certified continuously and uninterruptedly in said court repurtare in the arse It a County of Weld for a period of more than c0yrt reooder is obtained, the pp1t, The Board's Obits shall fifty-two consecutive weeks prior to the in writing or web first publication of the annexed legal notice m art et vast ruts days odor to g' Thecoat anion? or advertisement; that said newspaper has �e or wrtrb . been admitted to the United States mails as �p°�"µgp KNOWN that the second-class matter under the provisions of aiad mops ti wartifiedning by the the d of March 3, rid18 or any Planning om• amendments thereof, and that said ms,„,d hi the or the CNeto d newspaper is a weekly newspaper duly in w�nOft'Iodated r Contras; qualified for publishing legal notices and Cater; ooioratlo ' Third advertisements within the meaning of the Moolaws of the State of Colorado. DOCKET NO. 8540 That the annexed legal notice or advertise- APPLIC T . ment was published in the regular and J. B. ands 0 4 9230 Axepw entire issue of every number of -aid weekly Greeley, Colorado 6069, 1 newspaper for the period of ..'. consecu- DATE: September L 1995 five insertions; and that the first TIME:.2:00 PM. publication of said notice was in the issue of REQUEST: Use by Spat! said newspaper dated 1.f2Z, .A.D. IS , ROOM — Oil and gas Saha. and that the last publication of said notice Ors inthe Agricultural;sa.. was in the issue of said newspaper dated DESCRIPTION: part 5 , A D 19 --Mm,rSqeeo9onxa,Ter the em m In witness whereof I have heixinto set eta cows, Wor 66 West Of ts, . my hen this 2-5 day u( yi�J,o • OF A.D. 1A S— . 01 Publisher Coy��t�V 8V: Mary NO Y Subscribed and sworn to before me, a Notary Public in and for the County of DATED: August 1g 1 t:-n,. �� 'on , WeJp3 State of Colorado, this .a.tt�day of n SSI ED:Autplit 22,AA wenst1gi.3n , A.D. 19k3. tI . :.1,.<, Ors Notary Public IMF r,rt,ns;rc .e 's• , 7i8? My corTftiiissioh expires Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Millette S. Clarkson _ of said County of Weld, being duly sworn, say that I am an advertising Berk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive Corrected Copy (days) )*XK d 6k that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of Cheme.*sante-Bear p U said notice, and in the newspaper Colored.,Weld County Centennial Center,PI 10111 Street, First proper and not in Floor,Greeley,Colorado,et the time Metaled.All persons In any supplement thereof; that the first publication of saki manner Interested in the Use by Special Review are requested to attendaad rimy beheard. • notice was contained in the issue of said news is e Should Me applicant or any interested party desire the presence 1 � P of a certified cart reporter to make a record of the prdceedings,in bearing date addition to the taped record which Will be kept during the hearing,the Clerk'IMO Board's Office can be contacted for a list of certified court reports...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 Thirtieth least five'days prier to the hearing. The cost of engaging a court ------- reporter shall be borne byMerequeetingpely. day of August A.D. 19 85. BE IT.ALSO KNOWN that the text and maps so certified by the Weld County Planning CemmNSNon may be examined In the oficeof and the last publication thereof; in the issue of said Me Clerk to the Board of County Commissioners,located in the Weld County Centennial Curter,915 10th Street. Third Floor, Greeley, newspaper bearing date the Colorado. - —' DOCKET NO.s5-60 APPLICANT J.B.and Loretta P.McCoy ---- '_ --- i.. 3230 47th Avenue Thirtieth Greeley,Colorado.0631 DATE:September 5,•1955 day of August A.D. 19 85 . TIME:2:00 P.M. REQUEST: Use by Special Review—Oll and gas service business that said The Greeley Daily Tribune and The Greeley in,the Agricultural Zone District. LEGAL DESCRIPTION: Part of the SWIA,Section 23,Township 5 Republican, has been published continuously and North,Range 66 West of the 61h P.M.,Weld County,Colofado BOARD OF COUNTY COMMISSIONERS uninterruptedly during the period of at least six WELD COUNTY,COLORADO BY:MARY ANN FUERSTEIN months next prior to the first issue thereof contained • COUNTY CLERK AND RECORDER irlt nr , -.�r'.a r Q HE BOARD said notice or advertisement above referred to; that said _d +wMp�M.�/'Mwdr newspaper has been admitted to the United States W11tt, '1.„r „}e 1t * mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; anti that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. August 30,1985 No Charge Trib. error •.,,H. • CAS ,2J,' Advertising Clerk Subscribed and sworn to before me this 0 day of Augu A.D. 19 85 _ y�l�t, Commissionst ,ores commi ion expiFe`� 14 1�SF_ tart' Public Affidavit of Publication STATE OF COLORADO xs. County of Weld, I, Millette S. Clarkson of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of -4 Greeley, in said county and state; that the notice or r' advertisement, of which the annexed is a true copy, has kbeen published in said daily newspaper for consecutive m ""° ,,:' '""'"'""NR ' •ro coquetted a (days) (X Rks4; that the notice was published in the „ ,I� w W nIr. senc. regular and entire issue of every number of said r. +1 t4 l it A.erina, newspaper during the period and time of publication of • repWfrItI teWcIfltoNrk said notice, and in the newspaper proper and not in a *�wtrnp party. aliawr awn supplement thereof; that the first publication of said *Mt rowrrr. ,.wl. r. • .numtueev t notice was contained in the issue of said newspaper 's t ydp, ,:� +�wK.�waM��Ie heW al, Groan, l• bearing date ------------ ._... w { �a ..'RWx, OrMIeY, ,� 10 ' a�.enq l.•relAfe P,IMeCRt Twenty—cerond —__..._. _._.- 7mq•Rn Avenw to: a.ea•v,c.ler.�esest day of August - Al). 19RS and the last publication thereof; in the issue of said QI -•n service business r 4 •sin newspaper bearing date the wn y Terwenm s rI ti• Mo.Colorado _._-- F �M I••I0RtR• wry, Twenty—second r , day of August _A.D. 19_85 that said The Greeley Daily Tribune and The Greeley Republican, has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. August 22,1985 Total Charge: $25.60 Advertising Clerk Subscribed and sworn to before me this 22 pay of August A D. 19 85 M oitnnissioSYA$ P 81WSSi00 £ypi ,tR 1q , ICIR 77'.(i 'Jt ,' 4_, , -.1, i ‘ Lf rte_ l_ Notary Public Summary of the Weld County Planning Commission Meeting August 6, 1985 Page 5 AMENDMENT: Jack Holman amended his motion to state: "This case will be heard on September 3, 1985, with no further continuances". Motion Seconded by Lydia Dunbar. The Chairman called for additional discussion from the members of the Planning Commission. There was none. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The Chairman apologized to the members of the audience who had come to hear this case only to have it continued again. If anyone is unable to attend the meeting on September 3, they may submit a letter to the Planning Department and they will see that the Planning Commission members obtain a copy of the letter. CASE NUMBER: USR-688:85:32 (Continued from July 16, 1985) APPLICANT: J. B. and Loretta P. McCoy REQUEST: A Use by Special Review Permit for an oil and gas service business LEGAL DESCRIPTION: Part of the SW%, Section 23, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Less than 1/4 mile south of Greeley; east of 47th Avenue and south of U.S. Highway 34 Bypass APPEARANCE: John Paranto and Kim Lawrence, attorney, represented the applicants. The McCoys purchased this property in 1973 and have used this property for this business since 1974. They live on the property and there is a mobile home on the property that is used as an office. This request for a Use by Special Review Permit is the result of a violation, but the applicants were not aware they were not in compliance with the Zoning Ordinance. Therefore, this request is an attempt to rectify the violation. The Chairman called for discussion from the audience. There was none. The Chairman asked Mr. Paranto and Mr. Lawrence if they had reviewed the - recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. They stated they have and have no objections to anything as outlined. The Chairman asked that reading of the Staff's recommendations, conditions, and development standards be dispensed with and that they be filed with the summary as a permanent record of these proceedings. bXH/8/T e Summary of the Weld County Planning Commission Meeting August 6, 1985 Page 6 MOTION: Lydia Dunbar moved Case Number USR-688:85:32 from J. B. and Loretta P. McCoy for a Use by Special Review Permit for an oil and gas service business be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Bill McMurray. 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. Lydia Dunbar - yes; Paulette Weaver - yes; Bill McMurray - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried unanimously. CASE NUMBER: USR-689:85:33 APPLICANT: Jose A. Gonzales REQUEST: A Use by Special Review Permit for an Agricultural Service Operation LEGAL DESCRIPTION: Part of Lot 8 in the NW% NWy, Section 30, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Less than 1/4 mile west of Evans; east of Weld County Road 37 and south of 37th Street APPEARANCE: Jose Gonzales, Applicant, reported he has a business which makes concrete ditch liners for farmers. He asked that his request be postponed as he wants to obtain legal counsel to represent him. The Chairman asked if there was anyone in the audience who had come to hear this case. There was no one. MOTION: Paulette Weaver moved Case Number USR-689:85:33 for Jose A. Gonzales for a Use by Special Review Permit for an Agricultural Service Operation he continued until the regularly scheduled meeting of the Weld County Planning Commission to be held on September 3, 1985, to allow the applicant time to obtain legal counsel per his request. Motion seconded by Bill McMurray. UP r§7,. „«,� .. AU8 9 3985 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISS I ` RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISS16kY.t r` „a Moved by Lydia Dunbar 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-688:85:32 NAME: J. B. and Loretta P. McCoy ADDRESS: 3230 47th Avenue, Greeley, Colorado 80631 REQUEST: A Use by Special Review Permit for an oil and gas service business in the Agricultural zone district LECAL DESCRIPTION: Part of the SW14, Section 23, T5N, R66W of the 6th P.N. , Weld County, Colorado LOCATION: Less than 1/4 mile south of Greeley; east of Weld County Road 33 and south of U.S. Highway 34 Bypass be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The subject site is in the planned growth area of the City of Evans. The Evans Planning Commission has recommended approval of the proposal; - No overlay districts affect the site; and - Use by Special Review Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. ,XaM e T USR-688:85:32 J. B. and Loretta P. McCoy August 6, 1985 Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The owner and,/or operator shall be required to obtain all applicable building or electrical permits for USR-688:85:32. 4. Within thirty (30) days from the date of approval by the Board of County Commissioners, the applicant shall apply for a septic permit for the mobile home. Motion seconded by Bill McMurray. Vote: For Passage Against Passage Lydia Dunbar Paulette Weaver Bill McMurray Jack Holman Sharon Linhart 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. CFRTIFICATION 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 6, 1985, and recoreded in Book No. IX of the proceedings of the said Planning Commission. Dated the 7th day of August , 1985 p, „ ckc 4 Bobbie Good, Secretary DEVELOPMENT STANDARDS J. B. and Loretta P. McCoy USR-688:85:32 1. The uses permitted on the parcel shall be an oil and gas service business as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed hereon. 2. A berm shall be constructed around the fuel storage tank. The berm shall he designed to retain the volume of the storage tank. 3. The mobile home on the property shall be restricted to use as an office for the McCoy Construction Company. 5. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above 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 and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Beard of County Commissioners. ADDITIONAL COMMENTS J. B. and Loretta P. McCoy USR-688:85:32 In a letter dated July 12, 1985, the Greeley Planning Commission recommended denial of this request. The neighborhood's future land-use is designated residential, according to the City Comprehensive Plan. However, this property is located within the Evans' growth area. 7MVENTORY OF ITEMS SUPHITTEP FOR CONSIDERATION 1 v ( , Case `umber (/J/�/ � //((); XJ T 5 -2— Submitted or Prepared Irior to Hearing At Hearing 1. Application ( Pages 2. Application plat(s) / page(s) V 3. UPS Referral Sunmery Sheet i i 4. PPS Recommendation ` 5. PPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List v 7. _PPS Maps Prepared by Planning Technician 8. DYS Notice of Hearing 9. PPS Case Summary Sheet ✓ 10. PPS Field Check 11. i 1cuL„ 5,/;` O' J,z-2---,Cc 12. 7 / 5 , c4 „i ,/,45,,, (1• , cy k"-vc i J 13. 1) 7) - YS 'f "c.!° Ice"- C'�. -// .`-71 T l v,ez Ce q. 15. 16. 17. 18. 19. 20. I hereby certify that the / items identified herein were submitted to the Department of Planning Service at or prior to the � scheduled Planning Commission hearing. I further rtify tese items 19rJ forwarded to the Clerk to the Board's office on t 4/�,�64. ,.',_ Current P anner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS q DAY OF �*.. a\ 19Q.,S _ 1 SEAL NONolo. good 4ARY PUBLIC n tI pi,C_: Feb, 13, 198 MY COMMISSION EXPIRES_ �f EXHIBIT INVENTORY CONTROL SHEET Case -75-,- c Gb -- Exhibit Sulsnitted By Exhibit Description A. frfdc*44 p ��r�_ �%! E��c Vii,tom? ce O B. �<L2/i,22L?'c Li?v 51` cD'7l../vL0/YLuuturn C. r'l7Zlazine, D. L tit,/ / L/i z / E. F. G. H. I. J. K. L. M. N. 0. Date: August 6, 1985 CASE NUMBER: USR-688:85:32 NAME: S. B. and Loretta P. McCoy ADDRESS: 3230 47th Avenue, Greeley, Colorado 80631 REQUEST: A Use by Special Review Permit for an oil and gas service business in the Agricultural zone district LEGAL DESCRIPTION: Part of the SW;, Section 23, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Less than 1/4 mile south of Greeley; east of Weld County Road 33 and south of U.S. Highway 34 Bypass THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - The subject site is in the planned growth area of the City of Evans. The Evans Planning Commission has recommended approval of the proposal; - No overlay districts affect the site; and - Use by Special Review Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. USR-688:85:32 S. B. and Loretta P. McCoy Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special. Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The owner and/or operator shall be required to obtain all applicable building or electrical permits for USR-688:85:32. 4. Within thirty (30) days from the date of approval by the Board of County Commissioners, the applicant shall apply for a septic permit for the mobile home. DEVELOPMENT STANDARDS J. B. and Loretta P. McCoy USR-688:85:32 1. The uses permitted on the parcel shall be an oil and gas service business as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed hereon. 2. A berm shall he constructed around the fuel storage tank. The berm shall be designed to retain the volume of the storage tank. 3. The mobile home on the property shall be restricted to use as an office for the McCoy Construction Company. 5. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above 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 and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. ADDITIONAL COMMENTS J. B. and Loretta P. McCoy USR-688:85:32 In a letter dated July 12, 1985, the Greeley Planning Commission recommended denial of this request. The neighborhood's future land-use is designated residential, according to the City Comprehensive Plan. However, this property is located within the Evans' growth area. Kim Lawrence ATTORNEY AT LAW The Law Building (303) 356-9160 1011 Eleventh Avenue Greeley,Colorado 80631 July 12 , 1985 Ms. Gloria Dunn Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Re: J. B. McCoy Construction Co. - Use By Special Review Dear Ms. Dunn: Please be advised that on behalf of the applicants, J. B. McCoy and Loretta P. McCoy, I, as their attorney, state they have no objection to a continuance of the hearing on their application for Use By Special Review presently scheduled for July 16th at 1: 30 p.m. Sincerely, Kim R. Lawrence KRL/vle cc: John Paranto JUL 15 1985 Weld Co. Planning Cnmmissiol LAND-USE APPLICATION SUMMARY SHEET Date: July 16, 1985 CASE NUMBER: USR-688:85:32 (continued from July 16, 1985 NAME: J.R. & Loretta P. McCoy ADDRESS: 3230 47th Avenue, Greeley, CO 80631 REQUEST: Use by Special Review Permit for an oil and gas services business in the Agricultural Zone District. LEGAL DESCRIPTION: Pt. SW1 of Section 23, T5N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Less than 1 /4 mile south of Greeley; east of Weld County Road 33 and south of U. S. Highway 34 Bypass. SIZE OF PARCEL: 2.32 acres. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Seciton 24.3 of the Weld County Zoning Ordinance. The Greeley Planning Commission, in a letter dated July 12, 1985, recommended denial of the application (see copy attached) . The County Health Department in a memorandum dated July 11, 1985, recommended that a berm be constructed around the fuel storage tank. A septic system is also requested for the mobile home office. The Department of Planning Services has received no obiections to this proposal. LAND-USE APPLICATION SUMMARY SHEET Date: July 16, 1985 CASE NUMBER: USR-688:85:32 NAME: J.B. & Loretta P. McCoy ADDRESS: 3230 47th Avenue, Greeley, CO 80631 REQUEST: Use by Special Review permit for an oil and gas service business in the Agricultural Zone District. LEGAL DESCRIPTION: Pt. SW1/4 of Section 23, T5N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Less than 1/4 mile south of Greeley; east of Weld County Road 33 and south of U.S. Highway 34 Bypass. SIZE OF PARCEL: 2.32 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services has not yet received recommendations from the Weld County Health Department, Greeley Planning Commission, Greeley Soil Conservation Service and Western Hills Fire Department. The Department of Planning Services has received no objections to this proposal. FIELD CHECK FILING NUMBER: USR-688:85:32 DATE OF INSPECTION: July 5, 1985 NAME: J.B. & Loretta P. McCoy REQUEST: Use by Special Review permit for oil and gas service business in the Agricultural Zone. LEGAL DESCRIPTION: Pt. SW4 of Section 23, T5N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Less than 1/4 mile south of Greeley, east of Weld County Road 33 and south of U.S. Highway 34 Bypass. LAND USE: N Cropland E Cropland S Residence, cropland W Farmland, residence ZONING: N Agricultural, Greeley city limits E Agricultural S Agricultural W Agricultural COMMENTS: Access is to 47th Avenue, a gravel road. Structures on the subject site exist as illustrated on the plat. Equipment is parked on the east side of the property. Several horse trailers are in the front yard. Four residences are within 1/4 mile. By: Gloria . Dunn Curre Planner ADVANCE LAND-USE APPLICATION SUMMARY SHEET July 16, 1985, Planning Commission Agenda CASE NUMBER: USR-688:85:32 NAME: J. B. and Loretta McCoy ADDRESS: 3230 47th Avenue, Greeley, Colorado 80634 REQUEST: A Use by Special Review permit for an oil and gas service business in the Agricultural Zone District. LEGAL DESCRIPTION: Part of the SW11, Section 23, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Less than .25 mile south of Greeley, east of Weld County Road 33 and south of U.S. Highway 34 Bypass SIZE OF PARCEL: 2.32 acres C C DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000 E%T. 4400 r,„ ,- , Oet • 5 10th STREET `�/ GREELEY,COLORADO 80631 v } ! s � COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on July 16, 1985 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for an oil and gas support business in the agricultural zone district from J.S. & Loretta P. McCoy on a parcel of land described as Pt. SWti of Section 23, T5N, R66W of the 6th P.M. , Weld County, Colorado, containing 2.32 acres, more or less. 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 July 16, 1985. 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. Robert E. Ehrlich, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by June 27, 1985. Received by: AL-- . ‘ci` s`f--- Date: h 7 / 4 I ?r MAILING LIST USR-688:85:32 J. B. and Loretta P. McCoy Arvel B. & Dorothy H. Stewart 2623 Reservoir Road Greeley, CO 80631 Vernon C. Morgan, Jr. Robert L. Morgan 2200 Reservoir Road Greeley, CO 80631 Harry L. Wiedman 4350 37th Street Greeley, CO 80631 Gateway Estates Associates 1220 W. Glenoaks Blvd. Glendale, CO 81201 Webster Resources P.O. Box 1850 Greeley, CO 80632 Corrine L. Chapman 3215 47th Avenue Greeley, CO 80631 Bonnie Carwin 3435 47th Avenue Greeley, CO 80631 Curtis Strong 317 Cherry Avenue Platteville, CO 80651 c MINERAL OWNERS USR-688:85:32 S. B. and Loretta P. McCoy Union Pacific Land Resources Corp. P.O. Box 2500 Broomfield, CO 80020 APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Creeley, 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 hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SW1 Section 23 T 5 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Pt of SW} Section 23 T 5 N, R 66 W Property Address (if available) 3230 47th Avenue, Greeley, Colorado 80631 PRESENT ZONE Agricultural OVERLAY ZONES _ TOTAL ACREAGE PROPOSED LAND USE residential, excavation and construction business with mobile** EXISTING LAND USE residential, excavation and construction business with mobile home office, residential **home office, residential SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: J. B. McCoy and Loretta P. McCoy Address: 3230 47th Avenue- City Greeley Zip 80631 Home Telephone A Business Telephone A 330-6595 Name: Address: City Zip Home Telephone A Business Telephone A Name: Address: City Zip Home Telephone A Business Telephone A APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Address: City Zip Home Telephone A Business Telephone A List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Union Pacific Railroad Address: City Zip Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) 7 (� / l ec Signature: Owner of Auth zed Agent Subscribed and sworn to before me this 31 day of May J(� 19 85 . SEAL ry re-N- l 1-1(7O1,-e/1/4-- NOT PUBLIC March 18, 1988 My corrvoihsion expires - ADDENDUM TO APPLICATION FOR USE BY SPECIAL REVIEW PERMIT 1. Description of Operation: a. The property was purchased by J. B. McCoy and Loretta P. McCoy from Earl R. Lester on June 19, 1973. At the time it was purchased, Mr. Lester was using the property for residential use, the commercial raising of chinchillas and also as the office for an electrical contracting business. Applicants purchased the property with the intent to continue the residential use and an office and yard for their construction and excavation business. The business was formally incorporated in 1976 as J. B. McCoy Construction Company, Inc. The front half of the lot is residential in which the McCoy family are living. The back half of the lot is set aside for the construction office and yard. b. The land behind the McCoy' s personal home is used for our office trailer and the yard is used for parking and storage of equipment when no work is available. c. The surrounding properties are used for farming and agricultural activities. There, also, are several homes near by. d. There are four homes which are close to our construction company. There are two ( 2) homes that are west of the company which is across the street from the McCoy ' s home which is approximately 700 feet from the company. There is one house to the south of the company and it is approximately 200 feet from the company; and one ( 1) more house to the north which is approximately 200 feet from the company. e. The only users of the office and construction yard are a maximum of 7 employees; we do from time to time have salesmen come by once every 2-3 weeks; we do not sell any merchandise so therefore we have no buyers. f. The yard is open normally 5 days a week ( M-F) from 7 am to 5pm. There is only one shift and the number of office and yard personell is a maximum of 7 people. We do employ an additional 15 - 35 employees which are located at the different job sites and locations. g. Our water supply is from the City of Greeley . h. The most frequent access route used is 34 bypass to 47th avenue, on occasions 37 street is used to 47th avenue. i . Daily we have tractor trailers in and out of the yard moving heavy equipment from job site to job site. Occasionally our heavy equipment is brought into the yard for storing or maintenance when jobs are completed but usually equipment is moved from job site to job site. We also have pickup trucks and cars for office and yard help in and out of the yard daily. The weight of these vehicles usually runs any where from a 3/4 ton pickup to 30 , 000 - 40,000 lbs. on a tractor trailer hauling a piece of equipment. j. For the company use we rent a portable toilet which is serviced weekly. k. We have portable fire extinguishers and Hill-N-Park Fire Dept. is within a mile from our office. 1. Our construction company does not have any animals on the office or yard portion of the property; Mr. J. B. McCoy does have his own horses which he does keep in the yard back of his home. Mr. McCoy also has 3 outdoor dogs that are used for watch dogs. m. The only waste that we may have is some scrap iron and pipe. All material that is used on our jobs is purchased by the contracting company and only enough material is bought for that job, if there is any material left over it is returned to the contracting company for future use, so there is never any need for stockpiling. The only storing our yard is used for is our equipment and only when there is no work available. 2 . The Uses Compatible: a. The proposed uses are consistent with the Weld County Comprehensive Plan. The property was severed from agricultural use prior to the adoption of the Weld County Zoning Ordinance and has been used for residential and business type uses for many years. Applicants ' proposed use is compatible with the agricultural zoning since the property primarily serves the function of an ofd ci a and yard for the construction and excavation business. J. B. McCoy Construction Company, Inc. , is, among other things, engaged in the business of excavation and construction of oil and gas facilities. Therefore, the use made is recognized as acceptable in an agricultural district pursuant to §31. 4 .1 and 531. 4 . 16 . The mobile home office is compatible in that it is located in an area in which the other buildings are no more or less attractive in appearance, and cannot be seen from the public roadway. b. Fences have been installed around the property to prevent the inadvertent intrusion of man or animal and for the health, safety and welfare of the neighborhood. The use of adjacent properties consists of agriculturally related residences and agricultural use. Since the use by Applicants has been ongoing since 1973 , there will be no additional impact on the neighborhood. c. To Applicants ' knowledge the area is not located in a flood plain, geologic hazard area, or the Weld County overlay district area. -2- d. Water has always been supplied by the City of Greeley. -3- • -r m ,..l m � • t—. 9DO� 694 =a°°'d at %O aunt/� gf, ,6+n 191 a r ��yy try am .4 Impala Ne_J>y.a Net We teyew,_ 'Tao DID), Nandi bar rt••ath ear d June trot Dirt RAMP - c'� a 73.Me.... EARL R. LEETER a. s L ' Siasr��,.�� -, .-d CS Date JIM 19 1971 I �' .{- : - - s S, PO , ' r." __ err in 1 d the Os*d .Weld d Stale d —� , •_ Cebrsda.d t►.lleel d • ,�•:.. '�• pa*t J. B. YcoDy and Loretta P. McCoy. ._ ,•... ' .:_r uN as Joint Tenants . • 4' -i ,a,,, at tie Cc !*Fd Weld d Sward Cdered..ef the seed part:a. � �- ~-'. .et W1TNISSZTaa that tba red jest tea d the first part.he d te eadi.ad.a d the a d _ • L o OTHER VALUABLE CONBIDERAI1ONS AND TEN--------------DGrr ' ... .p to -'�'_' .° •O N b to said party d the @!part lad a paid by tba red parties d to..eat part,toa whams: . lpa.gnt la rho. :. o ►anal a•etaad d a, L r•eekneer grand.bainhad,said ad sad al awesawed. .a pants in 5.+._•�� peat,bargain,ed,saw d sear ate the rid parties d the end part,ths4 tans and.odor tanner,ant p C'r•-`1-, w lean b eormee bat Y*at taaq,al Sr tare[d..n•sd k4 sr panel d tai sleds,bias and Wag le tr (Sp et Weld d Stale at O.i.nds,to wit: :•' a A tract d land located lathe oathweet Quarter (SW4)d Section 23, Township 5 North. = . `•.-- -+ 66 West d the 6th Weld,• Range P.M., County, Colorado, and being more particularly de-. �'� `:`� . . 4 scribed as follows: Commencing at the West Quarter Corner (WICOr)d said Section 23, 74 7 and constituting the West line d the Southwest Quarter (SW1 d said Section 23 to bear .constituting . South 00°38' 40" East, and with all other bearings contained herein relative thereto: '•� - - Thence South oo°36' 40" East, along said West line of the Southwest Quarter (SWI) of said F•-` Section 23, lea.00 feet; Thence South 89° 57' 30" East, 30.00 feet to the True Point d `' . ii-^ - eg Binnng; South i Thence 89° V' 30"-EasThence t. 562.20 feet; Smith East,th 00° 38' 40" _ ..' 180.00 feet; Thence North 89° 57' 30"West. 562.20 feet; Thence North 00° 38' 40" West, 180.00 feet to the True Point of Beginning. - • --- TOGETHER with all d .Vgd r to ` - ' d appvla.w thrsale bekedag, adamants aaywfr spatting, e n..ada d r.vasles& rra4.de d raar`dan,nab,to d pr Winds d ea the - - - ps awls, riftss tide, intend data d d whiberra d eta* to rid party . .that part,altar tm S.a - . equity.04 Is d to to dam bargained flea with the►a.dl4set d apper era. e. _— TO HAVE AND TO HOLD the ad maimsab.a barmaid d d+aaT aa .,with the apparlae.a,aleo t acid __ -:•, arties p d the meadpart,tier bend.+disc fawnn..Lad the aid party d the first part,tar his - - — . oaf , his been,embark d adabbtrrbn doer d.na at d w d frat barrels agree with the --_- l- - said parties d the and part,fair tars d alga that at the alas et the aaeealag and delaay d these pre- - - eats he is well end et to Paean anew.damid, a et rasa, ware, petal, ahaoMs sad ` - i� , -. eat►b d W..dta.e,Is Is..I he ample,d ham sad right fan pen and add aathattp le net, to — — tail al ad any the name is mania and farm .forsaaid,ad that u.ran an fr.s ad dear he—all forma •- and other grants,bargains,sales,Dens.tan m 'k ad eeenbraas et waterer Had or nature soma. :h . .•1 ; EXCEPT 1973 taxes payable in 1974. 'f a . • •J r• r d to anon*arraiad prams la to quiet and maea p eedie pomace of to said parta at to egadpart,tar . _: +_ bans and alga against an d every person or persons lawfully claiming r to dais to.hole et any art tint, - — t aid tarty tors fit pert that and.1D WARRANT AND POREVEE -DEPEND. • -_ 90 d o ai d WITNESS WHEREOF the party d the first part as d hereon° a hie band '' (,�O sal to day ad per first aben writ_ '''' ee/ _ _.z /• Signal,Sealed d Delivered b la P d irl/ '.185AL) _ ._• _ �" YYYYYY:::::: rr�lP�� ttRRLi.. jar • . ..._._._rsEAr.l -- • STATE OP COLORADO, 1 _(SEAM Coate Weld 1 CoateCoate d u&J-ito MUM • The foregoing instant war nanowbdged glen a this ,Ti9lt dap t11 lin.h' Earl R. Lester / / la •�,, Hy eat ha m S opine - .2 5 .117‘.Wham my and and.=:i.i.l s - a.1epay . 6 " � '' r ` �yj��" •a` AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 3230 47th Avenue, Greeley, Colorado 80631 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. — —' J. B. McCoy The foregoing instrument was subscribed and sworn to before me this 31st day of May , 1985 . WITNESS my hand and official seal. My Commission expires: March 18, 1988 N y Public E erntreit I '.Sr. A aMrrl�-'• A Or _▪„• "l' ; a4.-3+ -FT •"r.Tit'r '. J • r' . ocok. 320 Ririe 37 1:-;:4; • r •1••••••••alli—Ilm Cr Vasil aria n ern*as.ossy swag,Das 1 (c-...4.:-.*: e° UNION PACIFICa,,a.C RAILROAD COMPANY. 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PRl.aa.lYOI....la O..T.+..W Y......r�.—^..rr.ilrr �T..i.arr�41. .r.r.alr r rr.�—r..+x..}.11.ru— U 'R'_}V ra`r1.�.+W T1..—�1wa0... L T..ra.W gym.a.an.*l ,Yw,rtgal.—r. rrr.aarrTr,.� ♦rT►nra...r.r..r.y�..ra.aJ ._._�LZ .tea �r..yyro...►.a lr errrru.In.r .r_...LOJIC..1 LfLTJ 1\WO... *Wirr- Ira tb '5 . ONION PACIFIC 1GILNOAD CONTEXT, • S;i;s it r �7 Itlacvmu soar WYfANT.Morris, ii t.-4 - 1 }( � g,7 ji .j. 4 't r t' a + J��1.-� : I sa.sa..rasy�.let®Ta1as WJ IL•<t�CE .4nd.' - �l1 ._: N 1� J_..._._._ Sc....r 1 �J i ! �:va+- -�.�e.w1+4r• �.rerr rlrw....rm�....rrr..ti ra r.�rr.r i .sari "' `�MY4101.��ira..Y!�rY.r al sag raal rri r Is.1.4*. ea 4*r/r+.q....11}la..61 `'�'� ti 'M� : 1 .4. . Iii� .li i�.rZer:l.ia.irr ' i•4.;.y1.nyu cti r : a 1'. l - .i; ta2 SISSCItallat eta tt_ .• .♦I• 1 44.4.4 -121 •HlakbeitanSEENSeniumamnsma sea tant * a.. —e-----lea r..---.. Wl'mJ—e.aa.rWlrrl.mem..r.�.--Ib- - rl '. 7 .A ..1--J.1 ..�Ie..a..+!S1011. r.+sr.r•.mrr►1•a.l..r.r./4.4r ry....r.a.r•W ' • , _ ' t=ia „atra.;,.r�rda..t•..r.m..rr� op yjLl�u J Jv2.. .: 7 ♦. rai:.1R �_'....a.� ' AIF 1 1 ea7�i:.f . �.TrQt� - • ..�3/_ I`•� .t'•. 1 .1 i ' ems.-4pwaL 7 r �r 1 • .1, . .S ' a . ; 41-.i;:. !(}y -' +1�`JY fie_ . Z.- .r. Y. a .1....s{.1... _+.. . iteil "Y 1•'� 7• hT'-i.sr:t;•] .A It : AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 3230 47th Avenue, Greeley, Colorado 80631 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. lit The foregoing instrument was subscribed and sworn to before me this 31st day of May , 19 85. WITNESS my hand and official seal. My Commission expires: March 18, 1988 /y^ 11 I1 1J 1 C7Zn rP1� N ry Public NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Arvel B. Stewart and Dorothy H. Stewart 62095923000007 2623 Reservoir Road, Greeley, Colorado 80631 Vernon C. Morgan, Jr. and Robert L. Morgan 62095923000001 2200 Reservoir Road, Greeley, Colorado 80631 Harry L. Wiedman 62095923000002 4350 37th Street, Greeley, Colorado 80631 Gateway Estates Associates a Joint Venture 62095923200014 consisting of Col-Cal 1220 W. Glenoaks Blvd. , Glendale, Colorado 81201 Webster Resources, a Limited Partnership 62095922000025 P.O. Box 1850, Greeley, Colorado 80632 Corrine L. Chapman 62095922000024 3215 47th Avenue, Greeley, Colorado 80634 Bonnie Carwin 62095922000023 3435 47th Avenue, Greeley, Colorado 80634 Curtis Strong 62095922000022 317 Cherry Avenue, Platteville, Colorado 80651 REFERRAL LIST APPLICANT: J.B. & Loretta P. McCoy NUMBER: USR-688:85:32 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 5, 1985 NO SR NR NO SR NR County Attorney X X Greeley Soil Conservation Service X Weld County Health Dept. 4302 9th Street Road Greeley, CO 80631 X Engineering Department X Western Hills Fire Dept. County Extension Agent c/o Gregg Miller 1804 Cherry Avenue Office of Emergency Mngmt Greeley, CO 80631 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 _ State Highway Department 1420 2nd Street Greeley, CO 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 X City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission F.O. Box 363 Frederick, CO 80530 X Sharon Linhart Weld County Planning Commission 1015 37th Avenue Court Greeley, CO 80631 NO=No Objection SR=Specific Recommendations NR=No Response y 0 11X1 �, • .r} d • 1 a. 0 � • ; fig_ 11 5 ••a `�. • / I ° S ° • � Le•• • ry�SI )H � i• �°e � 11 l�\ •9I 5; • flt. 1 ° �I �, mot � _• 5, . � aao¢e IL.) x �! vv�ioRar :::N" • co 5 •p r I N°um Z [ S Y • • \. I Y \ Ir 1 �� ¢D i q a Y t �.. ' ,/ )��' •�Sf`TFf •• I 3a b r..._.... =t ,�_ I w¢•.. ki o h rr— I .p. moo,.°.•� , • r ,r.• �. 1 p q 1 R¢. 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BOX 59 EVANSEVANS, COLORADO 80620 303-339-5344 COLORADO D !In1 c - 7 July 24, 1985 Weld Co. Planning Commission Ms. Gloria Dunn, Current Planner Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 RE: Case Number USR-688:85:32 - McCoy Property Dear Ms. Dunn: The Evans Planning Commission reviewed the information submitted for a Use by Special Review permit application by J. B. and Loretta McCoy at their Regular Meeting on July 23, 1985. Mr. John Paranto attended the meeting as a representative of the applicant to explain the operation and answer questions of the Commission Members. Following review of the information and discussion with Mr. Paranto, the Planning Commission passed a motion to recommend to Weld County that the Use by Special Review permit requested by J. B. and Loretta McCoy be approved for the following reasons: 1. The present use of the property has existed in excess of ten years and has apparently not been a detriment to the surrounding property owners. 2. County Road 33 (47th Avenue) is located on a Section Line and will be an arterial street at such time as the area is urbanized. The location of the business will allow access to the arterial system for the trucks without having to travel on local streets. 3. The property is located in the planned growth area of the City of Evans but urbanization in the area is not anticipated for at least ten years. At such time as the area is urbanized, it is the opinion of the Evans Planning Commission that the subject property would be too valuable to continue to be used as a construction company storage yard. Ms. Gloria Dunn July 24, 1985 Page Two If you have any questions about this recommendation or if we can be of further service, please feel free to contact us. Sincerely, Galen Kane Director of Planning and Building GK/kkl \ Clty o GREELEY CIVIC CENTER. GREELEY, COLORADO 80631 (303) 353-6123 Greeley/ July 12, 1985 Gloria Dunn JUL 161985 Weld County Dept . of Planning Services 915 10th Street Greeley, CO 80631 Weld Co. Planning Commission Dear Gloria : On July 9, 1985 , the City of Greeley Planning Commission had the opportunity to review the Use by Special Review for oil and gas service business in the Agriculture zone submitted by J. B. and Loretta McCoy. Based on the following , the City Planning Commission is recommending to the County that this permit be denied : 1 . The City' s Comprehensive Plan for this area indicates that the appropriate use for this property is residential . This type of outdoor storage is , according to the existing zoning , not appropriate . 2. Although this property is located within the mutually agreed upon Evans' growth area , the industrial nature of this property could affect the City of Greeley if : a) lands one-quarter of a mile within the City are developed residentially, or b) if there was an annexation petition of property in the neighborhood that the City of vans was unwilling to accept and that subsequently becomes incorporated into the City of Greeley . Thank you for the opportunity to comment on this petition . If you have any questions , please contact me . Sincerely, - 5 / Steve Hill City Planner EORAn �� • To Planning Department Date 7-11-85 COLORADO From Allen F. Palmquist Subject: USR-688:85:32 It is the recommendation of the Health Department that your approval of this permit stipulate the following: 1. The septic system be designed by a registered professional engineer. 2. That a berm be constructed around the fuel storage tank. The volume retained by the berm should be sufficient to hold the volume of the storage tank. o I :'! 1 _ 1955 Weld Ca. Plaining CnThIhi$su Hello