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Home My WebLink About860144.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A SALVAGE YARD - MANUEL M. BALDERAS 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 February, 1986 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Manuel M. Balderas, 27867 Weld County Road 18 , Keenesburg, Colorado 80643 , for a Use by Special Review for a salvage yard on the following described real estate, to-wit: Part of the SEA, Section 22 , Township 2 North, Range 64 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. 860144 Parse 2 RE: USR - BALDERAS b. the proposal is consistent with the intent of the Agricultural -Zone District and is provided for as a Use by Special Review. c. Ron Linnebur, the Mayor of Keenesburg, has indicated no objections to this proposal. The town's concerns are addressed in tevelopment Standards #2 and #3. d. No overlay districts affect the site. e. Use by 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 Use by Special Review for a salvage yard on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . the attached Development Standards for the Use by Special -Review permit be adopted and placed on the Use by Special IReview plat prior to recording the plat. 2 . -The Use by Special Review activity shall not occur nor shall any additional building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . The existing septic system on the garage shall be abandoned and shall not be used. This has been requested by the Weld County Health Department in a memo dated December 18 , 1985. 4 . Prior to expansion of the salvage yard activity, the applicant shall obtain approval of his water source from the Office of the State Engineer Division of Water Resources. A letter of approval shall be delivered to the Department of Planning Services. 850144 Page 3 RE: USR - BALDERAS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of February, A.D. , 1986 . -- � - BOARD OF COUNTY COMMISSIONERS ATTEST: � I � / WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J que ' ; h n, Chairman BY: --- Unc itch (fit .ci--a_ii) G rA-Tem D puty County C k APPROVED AS -To FORM: Gene R. Bran er Cl_ s J iC.F7. Kzr y cJ--- County Attorney l - ___tif Fran Yamaguc 860144 DEVELOPMENT STANDARDS Manuel M. Balderas USR-713 :85 :59 1 . The Use by Special Review permit is for a salvage yard as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2 . A six foot high chain link fence shall surround the use by Special Review area on the north and west side. A six foot high privacy or solid type fence shall be located on the south and east property lines. Plans for the fence on the south and east property lines shall be reviewed and approved by the Weld County Engineering Department. 3 . The cars and salvage materials shall not exceed six feet in height. 4 . Waste oil shall not be disposed of on the property and shall be recycled at an approved location. 5 . The area surrounding the proposed auto stalls and the existing and proposed buildings shall be seeded to adapted grass as recommended by the Southeast Weld Soil Conservation District. 6 . All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 7 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 8 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 9 . 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 insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 860144 Page 2 DEVELOPMENT STANDARDS - BALDERAS 10 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 860144 -TEARING CERTIFICATION DOCKET NO. 86-4 RE: USE BY SPECIAL REVIEW, SALVAGE YARD - MANUEL M. BALDERAS A public hearing was conducted on February 5, 1986, at 2:00 P.M. , Mith the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated January 15, 1986, and duly published January 23, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of Manuel M. Balderas for a Use by Special Review for a salvage yard. Bruce Barker, Assistant County Attorney, made this matter of record. Debbie de Besche, Planning Department representative, read the favorable recommendation of the Planning Commission into the record, and stated that four Conditions and eleven Development Standards have been proposed for this application. She also stated that, with respect to Condition #4, the Division of Water Resources has indicated that it has no problem so long as the -existing water is used for domestic purposes only. She explained that a salvage yard has existed at this site for some time and is accepted as a nonconforming use, however, a Use by Special Review is necessary for expansion. Manuel and Anita Balderas came forward to answer questions of the Board. They agreed that all water use would be for domestic use only. Commissioner Kirby _questioned how the placement of a solid type fence, per Development Standard #2, will affect the road intersection. It was suggested that fencing plans be reviewed by the Engineering Department. No public testimony was offered -concerning this request. Commissioner Lacy moved to approve the Use by Special Review for a salvage yard, with Development Standard #2 amended to indicate that the plans for the fence are to be reviewed and approved by the Weld County -Engineering Department. (TAPE CHANGE #86-10) The motion was seconded by Commissioner Kirby and carried unanimously. This Certification was approved on the 10th day of February, 1986. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST:7711 a2,i,,. t4A , WELD COUNTY, COLIRADO Weld County Clerk and Recorder and Clerk to the Board U:cque l .e . _o. , C, :irman .! +i—Le BY: D pu y County� Cler U, "!'�'�rl a Y, vro- ,7.. Gene R. Brantner, -TAPE #86-9 & #86-10 , L.W. Kirby DOCKET #86-4 191F-7 7 / �� ✓� -i TL0006 fra Yamaguch ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : FEBRUARY 5, 1986 DOCKET # 86-2 AMEND USR TO INCLUDE OIL & GAS SUPPORT OPERATION - ARNOLD & BEVERLY TETER DOCKET # 86-3 USR, AGRICULUTRAL SERVICE ESTABLISHMENT - DAVID & ROXIE NEWBY DOCKET # 86-4 USR, SALVAGE YARD - MANUEL M. BALDERAS DOCKET # 86-5 USR, NATURAL GAS PROCESSING SITE - SCHREIDER OPERATING COMPANY PLEASE write or print legibly your name, address and the OOC 4 (as L-:ted Move) or the aorlicanns name of the hearing you are attending . NAME ADDRESS HEARING ATTENDING /ls Vgia 3� f W rThce_ I/111 / / - i z y (11.471. 6 -/ eeZ'6:1C-1 011 at tic-rick • • 860144 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 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 court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-4 Manuel M. Balderas 27867 Weld County Road 18 Keenesburg, Colorado 80643 DATE: February 5, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Salvage yard LEGAL DESCRIPTION: Part of the SE}, Section 22, Township 2 North, Range 64 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: January 15, 1986 PUBLISHED: January 23, 1986, in the Johnstown Breeze EXHIBIT DATE: January 15 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 5th day of February, 1986 , at 2 : 00 P.M. Docket No. 86-2 - Amend USR permit to include oil and gas support operation, Arnold D. and Beverly A. Teter Docket No. 86-3 - USR, Agricultural service establishment, David M. and Roxie D. Newby Docket No. 86-4 - USR, Salvage yard, Manuel M. Balderas Docket No. 86-5 - USR, Natural gas processing site, Schreider Operating Company OFFICE OF THE CL RK TO THE BOARD BY: ecL Deputy d The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CsLORADO i ;-.) T Uc> ._r SPATE OF COLORADO ) COUNTY OF WELD )fir �`Tt" a ` y` • Pursu t't. e ng ws oI to rsuan n laws' the State �� n G \�b bang of Colorado a 'nd tie YV id�oun g ",� ColMaado and A` Zoning dui swor Ordinance;a puubTic e a , 1 e • •o' ' a'I p b e will be heIr' l in ' .i y the says he/she is pub- ,' n.p' �..�^svt` , „' , ,'="Tub, duly of the Iays that VA/she SUN, they,; smarts `ef a .,, d t •-•" , O,,,I! 'bets d of :Cot r, a weekly newspaper published and +R%Commtssion� d � s ° „�oElmjss ets e1 ICounty. O441)- printed in Keenesburg in said County '�' ms.n and State; that said newspaper has Weld CountyvCe�a a ai ! ate !y o, eld eatenaiat Center, , a general circulation in said County r Street First Floor .Gree o o'-� 0th Street Floor le nsIn-'Colorado, and has been continuously and tin_ �''the'ltme 5 ,.ifed ' - ''i �` y ' Interruptedly published therein, dur- ,iz e-VeCi '° .„ '.. r .,.kt nee�y�- red t.t,se ;m-�.- - µY ing a pericd oP at least Plfty-two manper,�late�St�Cd�ia ��I z. al �w^ � t8nne!� red to �ese by,5P t w. ;� consecutive weeks prior to the first Review are requested a ea hod y"'be a 1' view a uested attend and in "be publication of the annexed notice; * e�4f ,r- - l that said newspaper Is a newspaper r.hea'4.?. °r c.,=a$'t, ,'t >) f card. s". within the meaning of the act of the Sho ld,��a 'p tcan '„'kkI y' tere �, houl h pile y,interested General in of the State of aria. des i� sense r & • m` t' Calorado, entitled "An Act to regu- P ,4 „to,* ; 4. Fy n„ s i te e `# re Cn�t the 'a court re rt r to ake b r ed a tier o a t rocs c4 I late the printing of legal notices and Pu, � P '( ,' k hpop advertisements," and amendments mgs°m ad ition ecor hich , .gs m addition 1 e po• record v ).�!. thereto; that the notice of which the '^'" 'a a. %. n,r', annexed is a tinted rn takes Prom will be kept dutng .eatmg 1er`k 1 be kp�tdunn i e n the C 4 r. , P PY . p tp Ayaacrt w s . ,er B CaO B, said newspaper,was published in said to the Board stal ,be.LbntaMed for the Boar" aOffi aq'1t'q� ntacted for a newspaper, and in the regular and list of court,re otterss�n a +ea cod• ' `t'"' of co'it 'porters the are a:.If a coot; entire issue of every number thereof, arm„{- w.ar. ata .s n,. reporter a t2 tatne, e o'wile ''' ' : ort r s�etfil'i �dvised rk to Ig S.: Boards Office shall be `itm once a week for n 2J succa�ive ,y B k-''1, .ard_s ice shat a)adv-advised in writing weeks; that said notice was so pub- of such actton`at least 5ve a prior 'the •f such action at leas"f fl days prior to lashed in said newspaper proper and *F' ` ,* r hearing. -The`'ee0st,og i gtng,a 1pourf heanng .''it",'cosf ' engaging a not in any supplement thereof, and „y,'p,F ,,¢ tr - ' that the first publication of said no- BE shall be born -tile questin "repoder shall be`borne b the toque -r party - �, , pi., e «�°`a'dy . '2 _ tee as aforesaid, was on the a 3 BE IT ALSO KNOWN of the estt and ; E A SO KN WN t the tcs, \ maps so certified by the"red*county '�"� pups sso r`certified byes e Weld day of V , 19�?' Planning Commission ma u,xam �n. 1 '' `` 'm ylbe e:amtned tn , a annmg Commission may be exanur the office of the Clerk toy the Boardrof office ofs the)Cler(i to the Boaz and the last on the day of vc r + County Commissioners,` located„ "ln the :unty,Commtsstoners, atedu 19 Weld County Centennial Center, 915 10th ty eld County Centennial1B17: ter, 915 l0 .: ��J Q� Street Third Floor Greeley;Colorado" tr o + •eet,Third floor.Greely, olorado V`^h t 1 ; APPLICANTS z �E�y < APPLiCA;,. ',Manuel M Balderas 4 t, ArnoldD."anderly A.1 c t rr 27867 Weld County Road 18 Cedar,P.O. II ,Jti Keenesburg,Colorado 80643 �, , '1;Hudson,Colorado 83' ,7 DOCKET NO.86 4 "' a , ': C OCKET NO:86-2 i ' Subscribed and sworn to before me - '8 o ,t.v DATE Februarys 1986 ,,t DATE ,Februarys 1986,". this i(- day of ..L-44°�-J TIME 2.00 P.M. at; � � E 200 P.M "' REQUEST: , •Use by Special Review QUEST Amend�Use by Special Review 19__�.�1. Salvage yard ?r{ ] +r ' rmit"'to'jinclude.�an oil and gas supY_rt � nn� /1 c i/ LEGAL DESCRIPTION Pact of e. SE peratwnn a`, �./i 0�l (Tint__t_ 7V(Q/r 1/4, Section 22, Township"2 North,Range re ESCRli?TION: Part of h, 64 West of the 6th-PM -`Weld County, Wl/4= ection'12,"Townshi i Nor i,, My Conunission-Expira5 Apfii.4, 1987 Colorado- - ;c.' A ,''u", - , any a b5 Westi the 6th. P.M. We 5340 Se. Quebec St. e , "'I'll'''. Englewood,Colorado 80111 BOARD OF COUNTY COMMISSIONERS unty,C19trado c q • ':F crK BY; MARY ANeOUNTY NFEUERSTEIN: OARDOWELD COUNCOTY�CiCsl JL:,. r _, COUNTY CLERK AND RECORDER. " ' PF .„ eByPv-MARYANNTI , 2`, ilso AND CLERK TO THE BOARD COUNTY CLERK ANl) Iu e , a,: ��, BY: Mary Reiff Deputy r pND,CLERK TO THE B01R l ^;' 'E"d' SA ANN S - DATED: January 15,1986 .., " I PUBLISHED: •January.23 1986, m the-'c-ThATED:January 1S,1986 d‘ % 0l1� �'�O ,Keene Valley Sun I; PUBLISHED: January 23, ' . rFOFCO�OaP ry er� aze: amt i.e.inwa ' Y alley =, /LCGO[o . AFFIDAVITOF PUBLICATION ..':., - NOTICE THE JOHNSTOWN BREEZE • STATE OF COLORADO - Pursuant to the zoning laws of i SS the State of and the COUNTY OF \VELD 1 Weld County Zoning Colorado a t e, a public hearing will be held in I, Clyde Briggs, do solemnly swear that 1 the Chambers of the Board ofg6 County Commissioners of Weld am publisher of The .Johnstown Breeze; County, Colorado, Weld County newspaper that the same is a weekly Centennial Center, 915 10th Street, First Floor, Greeley, printed, in whole or in part, and published Colorado, at the time specified. All persons in any • manner in the County of Weld, State of Colorado, interested in the Use bySpeclal and has a general circulation therein; that and heard said d attend said newspaper has been published Should the applicant or any continuously and uninterruptedly in said interested party desire the County of Weld for a period of more than Presence of a court reporter to • make a record of the pro- fifty-two consecutive weeks prior to the seeding'rd wss,,hin addition to the taped first publication of the annexed legal notice the heefinp, the Clbe errkpttou the or advertisement; that said newspaper has Board's Office can be contacted been admitted to the United States mails as fora list of court reporters in the area if a court reporter is second-class matter under the provisions of obtained,the Clerk to the Board's the Act of March J, 1879, or an> Onto shall be advised In writing of such action at least fife days amendments thereof, and that said prior npegingha hearing. rrepporrtter«shll newspaper is a weekly newspaper duly be borne by the requesting party. qualified for publishing legal notices and BE IT ALSO KNOWN that-the advertisements within the meaning of the Weld and maps Planning Co miise. i laws of the State of Colorado. Won may be examined In theoffice That the annexed legal notice or advertise- County of the Clerk to the Board of Commissioners, located ment was published in the regular and in the Weld cooly Centennia Center, 915 10th Street, Third issue of every entire number of said weekly Floor, Greeley, Colorado newspaper for the period of / consecu- DOCKET NO: 86.4 tive insertions; and that the first APPLICANT publication of said notice was in the issutao1- Manuel M. Balderas 27807 Weld County said newspaper dated 1-23 A.D. gt- Redd 43 Kseneaburg, CO 80843 and that the last publication of said notice DATE: February 5, 1986 - was in the issue of said newspaper dated A.D. 19 TIME: 2:00 P.M. In witness whereof I have hereunto set REQUEST: Use by Special my hand-this 2 7 (lay of revel , Review — Salvage yard A.D. I9' C LEGAL DESCRIPTION: Part of the 8Elk Sectbn 22,Township 2 North,Range 84 MS of the 8th .....,01/5127 P.M., Wald County, Colorado BOARD OF COUNTY Publisher MISSIONERS LCOLORADO BY: MARY ANN Subscribed and sworn to before rue, a 'MuERSTEIN Notary Public in and for the County of COUNTY CLERK AND r RECORDER AND CLERK- Weld, State of Colorado this a,7 day of TO THE BOARD ?1-04,17.. A.D. 19,.7... BY:Mary Reiff, Deputy / /.�DATED, January 15,.1988 //� . Q��` / 7Z.n-c-c—, PUBLISHED: January 23, 1988, ,mac rr-�r-Yc��.. O Notary I'obhC in the Johnstown Breeze My commission expires 2 Fs- 660141, / r' 0 c . Summary of the Weld County Planning Commission January 7, 1986 Page 6 The Chairman called for discussion from the members of the Planning Commission. There was no additional discussion. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. MOTION: Don Johnson moved Case Number USR-714:85:60 for Schreider Operating Company for a Use by Special Review permit for a gas processing site be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, and conditions, as outlined by the Department of Planning Services staff, and the Development Standards, as presented by the Department of Planning Services staff and amended by the Planning Commission and the testimony of the applicant. Motion seconded by Lydia Dunbar. 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. Doug Graff - yes; Lydia Dunbar - yes; Lynn Brown - yes; Don Johnson - yes; Louis Rademacher - yes; Ann Garrison - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-713:85:59 APPLICANT: Manuel M. and Anita M. Balderas REQUEST: Use by Special Review permit for a salvage yard LEGAL DESCRIPTION: Part of the SE} , Section 22, T2N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Less than one mile northwest of Keenesburg; north of Weld County Road 18 and west of Weld County Road 57. APPEARANCE: Manual and Anita Balderas, property owners and applicants, stated they purchased this property for a salvage yard. They live on the property and they want the property to be clean and neat. The property was formerly used as a junk yard, and a school bus and repair garage. The town of Keenesburg had no objections to this request when they met with them. Debbie deBesche reported this is a nonconforming use, but the information contained in the nonconforming use file is inconclusive as to what is allowed and how many acres of the property are involved. The Chairman called for discussion from the members of the audience. /� 860144 Ext,,A4/7 l� Summary of the Weld County Planning Commission January 7, 1986 Page 7 Harry Pippin, surrounding property owner, spoke in opposition to this proposal. Jack Epple, surrounding property, spoke in opposition to this proposal. Clarence Boedecker, surrounding property owner and former owner of the property, spoke in opposition to this request. Dianne Epple, surrounding property owner, spoke in opposition to this request. Tape 227 - Side 2 Albert Sirios, surrounding property owner, spoke in opposition to this request. The Chairman asked Debbie deBesche to read the recommendations, conditions, and Development Standards, as outlined by the Department of Planning Services staff into the record. The Chairman asked Mr. and Mrs. Balderas if they had any comments regarding the staff's recommendations. They had none. MOTION: Doug Graff moved that Nonconforming Use file NCU-73:82:46 be incorporated into Case Number USR-713:85:59 and become part of the permanent part of the record for this case. Motion seconded by Louis Rademacher. The Chairman called for discussion from the .members of the Planning Commission. AMENDMENT: Paulette Weaver moved Development Standard !12 be amended to read as follows: 2. A six (6) foot high chain link fence shall surround the Use by Special Review area on the north and west side. A six (6) foot high privacy or solid type fence shall be located on the south and east property lines. Motion seconded by Don Johnson. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. 86014,1 Summary of the Weld County Planning Commission January 7, 1986 Page 8 The Chairman asked the Planning Commission for their decision. Motion carried unanimously. AMENDMENT: Paulette Weaver moved Development Standard #3 be amended to include that whatever is lying around will be stored in an orderly fashion, storage of cars and salvage materials shall not exceed six feet in height, shall be maintained in an orderly fashion, and all weeds and debris will be kept clear of the property. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the asked the Planning Commission for their decision. A voice vote was indecisive. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Doug Graff - No, because what is orderly leaves a lot open to interpretation, and it could get to be a real problem. Lydia Dunbar - no; Lynn Brown - yes; Don Johnson - no; Louis Rademacher - no; Ann Garrison - yes; Paulette Weaver - yes; Jack Holman - yes. Motion is a tie vote which constitutes denial. MOTION: Don Johnson moved Case Number USR-713:85:59 for Manuel M. and Anita M. Balderas for a Use by Special Review permit for a salvage yard 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 of the applicant. Motion seconded by Lydia Dunbar. 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. Doug Graff - Yes; however, he would not necessarily be in favor of establishing a salvage yard, but the salvage yard does exist on the property to some extent , and it is hard to determine if the salvage yard comprised two acres or five acres or the entire fourteen acre parcel. So in approving it as a salvage yard it is a better deal, gives some accountability and, hopefully, will improve the situation and not deteriorate the property as it currently exists. Lydia Dunbar - yes; Lynn Brown - yes; Don Johnson - yes; Louis Rademacher - Yes, for the same reasons outlined by Doug Graff. If the existing use could be done away with it (if; n Summary of the Weld County Planning Commission January 7, 1986 Page 9 would probably be better for the area, but by operating under a Use by Special Review permit we have some control over the area. Ann Garrison - yes, when she did the field check, and then read over the Development Standards she feels the Balderas' will improve the situation that already exists. Paulette Weaver - No; however, she does appreciate the Balderas' desire to make a success of this business. She is not voting based o❑ the fact that they do not need a permit to carry on what is existing, but this will be an expansion of use, and the expansion of the use will not be compatible with existing or future land-uses in the area. Jack Holman - No, because this particular area has great possibilities for a future housing development because this is high ground and because of the location, and this operation will be a detriment to the development of this area for housing. Motion carried with six voting for the motion and two voting against the motion. CASE NUMBER: Z-425:85: 11 APPLICANT: Janet W. Betz and Linda Botterill REQUEST: Change of Zone from Agricultural to C-4 (Highway Commercial) LEGAL DESCRIPTION: Part of the SW} , Section 14, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Just east of Highway I-25 and north of Weld County Road 44. APPEARANCE: LaVerne Nelson, P.E. , Nelson Engineering Consultants, represented the applicants. He stated he had read the staff's comments and he will not review the application comments, but this is a request for a change of zone from Agricultural to C-4. He feels the property does comply with the Weld County Comprehensive Plan because C-4 should be highway commercial. The Agricultural zoning currently on the property is faulty because the farm is not a productive farm. There has been a four hundred percent increase in traffic in the last twenty years. The Soil Conservation Services states the land is marginal farmland. More C-4 zoning is needed and the best place to put it is along a major highway. Tape 228 - Side 1 Mr. Nelson presented a Front Range Geological Map showing highway facilities along I-15 through Larimer and Weld Counties. It was his feeling that tourists will not be spending in Weld County because we are not providing the places for them to spend their money. He showed the difference between highway facilities in Larimer and Weld Counties. 660144 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Don Johnson that the following resolution be troduced for passage by the Weld County Planning Commission. Be it Res Via"by"tier ad.,.county Planning Commission that the application for: S CASE NUMBER: USR-713:85:59 JA N 1 3 7985 NAME: Manuel M. Balderas • ,5- ADDRESS: 27867 Weld County Road 18, Keenesburg, Colorado $US43'2-°• REQUEST: Use by Special Review permit for a salvage yard. LEGAL DESCRIPTION: Part of the SE} , Section 22, T2N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Less than one mile northwest of Keenesburg; north of Weld County Road 18 and west of Weld County Road 57. 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 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 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. — Ron Linnebur, the Mayor of Keenesburg has indicated no objections to this proposal. The towns concerns are addressed in Development Standards #2 and #3. - No overlay districts affect the site; and - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. /� 850144 Z X/1/PIT `-' USR-713:85:59 Manuel Balderas January 7, 1986 Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any adiditional building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The existing septic system on the garage shall be abandoned and shall not be used. This has been requested by the Weld County Health Department in a memo dated December 18, 1985. 4. Prior to expansion of the salvage yard activity the applicant shall obtain approval of their water source from the Office of the State Engineer Division of Water Resources. A letter of approval shall be delivered to the Department of Planning Services. Motion seconded by Lydia Dunbar. Vote: For Passage Against Passage Doug Graff Paulette Weaver Lydia Dunbar Jack Holman Lynn Brown Don Johnson Louis Rademacher Ann Garrison The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 8601111 USR-713:85:59 Manuel Balderas January 7, 1986 Page 3 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on January 7, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 8th day of January, 1986. CV,Co Bobbie Good Secretary 860144 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number (ff5/? -7/31S15:,.:7 Submitted or Prepared Prior to Hearing At Hearing j 1. Application `/_.. Pages 2. Application plat(s) / `.page(s) 1.7/ 3. DPS Referral Summary Sheet 4. DPS Recommendat=o; 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List 1// 7. 3 DPS Maps Prepared by Planning Technician S. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. h U 'iD ten 1 7:0 2- 7" e .,I- /l t /02/1119-7, r 12. /?///; /% .,,•.yr1 ..'[/ ! r r 1/!a A 464 der-Ltdv ( 4V/VeSCs 14. `/ cirytts /jp/?.5 • 1; 17p,){" . /)9-t 19. ! 1( } 20. 2 I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further c rtify thht these items were forwarded to the Clerk to the Board's office on // /,3 — 19 , Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 12C- DAY OF �qv.;,o�. . �r 19% 6 , SEAL 900,1 N TARP PUBLIC .nn/B/T '..C.114.301.114 my MY COMMISSION EXPIRES 1' ° c EXHIBIT INVENTORY CONTROL SHEET Case //.7/C- ifr ��d�/-CLv Exhibit Submitted By Exhibit Description 15A. B. J �a tox /dad C. E. F. G. H. I. J. K. L. M. N. 0. (3701.44 860144 , 0144 BACKGROUND INFORMATION Shortly after the Gray's built their home on the questioned parcel of land, we were approached in 1976 to sign a zoning change allowing the property to change from agricultural to business; namely, a garage for maintenance of school busses and wrecker service with a fenced lot to retain abandoned and wrecked vehicles not to exceed 15 in number. As soon as this number was reached, the excess would be transferred to a large salvage yard located 3 miles northeast of the property in question--more specifically, Northeast o, Section 14, Township 2 North, Range 64 West of the 6th P.M. Upon refusing to sign this zoning request, we assumed there would be no change. However, Mr. Gray built his garage (without permit and it was red tagged) and held cars without a fence in excess of the number set out in his proposal. The Gray's have now moved their garage operation back into Keenesburg and continue to operate the salvage yard 3 miles north of Keenesburg, Colorado. f ..� /:an,-(� v / .% 7te c t7 ( 77Zt�,c 41 ad: L tL-Li t4,4 ECtc - lei //'i -ma /J /1 /L G //�,y (/ 1.e tr,/ 7/2-A. ,,, C C,97,,e,' N L.C L .. it Z<. .X e:22/ L'�Le 1Gtic ii 880144 ttv:li kK S44 ost>;bed Te ear Fore )we 74is 74 te y 0,57,inwar 1,74 In. HARRY A.PIPPIN �.NCH/�I� / �— 27995 PIPPIN LANE p- 7 M 7 e t ci"' '. et:I- ea:�aN�SQIfi oLORADO 8U643 C �yr�Yr �b�jG Keenesburg, Colorado January 7, 1986 Weld County Planning Committee Greeley, Colorado 80631 Re: Manuel M. Balderas Special Review Permit For Salvage Yard Case #USR-713:85:59 As owners of approximately 100 acres of land on the south side of Road 18 of which approximately 10 acres has been annexed into Keenesburg city limits, we object to the establishment of a salvage yard at 27867 Weld County Road 18, as set forth in above referenced case. As you will note in the topography map, the elevation is approximately 5,035 feet or almost the highest point on this map, a most desirable view of the front range. Our property is bordered on the south by Interstate 76, and our home is adjacent to Interstate right-of-way and only 1,600 feet south of the Balderas property (only four city blocks) . Just a few short years ago I was directed to remove advertising signs on my property under the Highway Beautification Act, and I might add, paid for doing so. I find it hard to believe we could approve a salvage yard high upon a hill only four city blocks from an interstate highway in such a desirable residential area. The location of this salvage yard would be but a scant 800 feet from the northwest city limits of Keenesburg, not one mile, as indi- cated on the Land Use Application Summary Sheet. This land is highly productive dryland, not grassland. Most of our land is irrigated and produced approximately 41 tons of hay per acre last year, and the dryland has produced an average of over 45 bushels of wheat per acre over the last several years. We respectfully request that you deny the Balder equest. ,11.19 (Ba�A�lp� Barbara J. Pippin 8601444 C 119 gC �� ✓r C'c do r c� cs �uv kc patatz,L ik' c [I � �_ 3 CC � C ti-i i PC C Q CTtu G 13°I° Li CrO__ s� Llv{ C�� ^ ova � �C juDvLAJ -a; poi fmt 0Q, C ±49-. rte eau 01:11b PQ--Y psi/rued- _th frjr . i &_, oc � Ma la4fry •v, t -- Keenesburg, Colorado January 7, 1986 Weld County Planning Committee Greeley, Colorado Re: Salvage and Junk Yard We built our home on Cedar Street between -Road 18 and Interstate 7b (between 4 and 5 city blocks from the land in -question. _Our home is brick and contains over 5,000 square feet of floor space. We urge denial of the permit, as it will decrease the value of our property. Respectfully submitted, Albert _ ITios 8S 1�}4 ,R Ruth 41 Sirios n { ZL { I 7 : INSPECTOR'S REPORT NAME: '/ NO: /1J��LC — 7 Legal Description of Property: it 5 L �"Y T,-ti 26 L,/ Date: /fr/— 5 Time: for9� A � Zoning Lcjpector Note: Attach this sheet to the complaint report pertaining to this zoning violation. SeM144 ZONING VIOLATION -. COMPLAINT REPORT DEPARTMENT OF PLANNING SERVICES DATE: /C) LEGAL DESCRIPTION OF ALLEGED VIOLATION: /' _ -fir tc G LOCATION OF ALLEGED VIOLATION FROM NEAREST TOWN: Property owner's name: Or"' ‘, C1i > G- �'_� Tel. No. Property owner' s mailing address: Pt) ',+. - ' ! `^ ,c Tenant's name and mailing -address: ~. r COMPLAINT RECEIVED BY �-J: i;> Date: !;'` NATURE OF COMPT.ATNT: ' 732 / ' C-_:1! l'7 • 42)? r.'.?rTf1-it; 1 / .� .(��"!/.%li., /z,-//i)7 I-) /1r) /,n l -Ul5 A,_' -11/ aj !, r / rite—^ O L.c.11/4....d RESPONSE TO COMPLAINT: ,.{Jr_. -{�,�C/ L,;1` ACTION OF ZONING DEPARTMENT A. Review of Complaint filed, indicates ono violation of provision of Weld County Zoning Ordinance O the following sections of the Zoning Resolution may be in violation: B. Inspecti-on of property, indicates . p no violation of provisions of the Weld County Zoning Ordinance O violations noted of the following sections -of -the Zoning Ordinance: Date(s) of Inspection: ACTION ON COMPLAINT: O No Action taken/no violation O Violation File Started Date: Date: NOTE: ATTACHED TO PHIS COMPLAINT REPORT all inspector's report sheets pertaining to this alleged violation. nn NON-CONFORMING USE FACT SHEET N. C.U. # 73:82:46 Name (Owner/Operator) : Gray, Carlos A. & Donna M. Address: P.O. Box 8 Keenesburg, CO 80643 Phone No. Name: Address: Phone No: LEGAL DESCRIPTION: Pt. SE4 of Section 22, T2N, R64W 14.65 Acres 8431B 130522000020 LOCATION: USE OF PROPERTY: Machine Shop - repair car, trucks, etc. junk and - salvage yard - had applied for COZ 2254-paid fee but never completed application - also pickes up disabled vehicles for patrol storage yard. APPROPRIATE DATE FOR DETERMINATION OF NON-CONFORMING USE: January 5, 1977 REASONS FOR DETERMINATION OF NON-CONFORMING USE: Discovered the zone change application was never completed k . 860144 Y # k t r >'#rt'v,y�y)"'4t,"+!'l `t nK }i. ' - ,v 41'1a Adis 1d g£U .' . >"C...,.a lit �nx�.� ..��.�er�A `s�..'�z,v.55iy�att:��„�..,t.�.a,:z;a,. �z. , ... ��; '` i // 07 JUL • .16 1974 'y,A '.# `l;.ryx . �.: cot ry (� R.eerded at__._.._JF &clock C[.. ......__._ _.... _ _. ... ._.._ ...... c� f ,r K`. . ti 4v. N e 19 Reception No. 16406'n / S. LEE SHEHEE la. Reorder. ~ f. 1- 3 4 9� C'/ :;,,f,-,,...,‘;:iii-* sir f- 41•, L�A S - S i +. �-.4!.-4%. Clarence E. Boedeker and Mary Boedeker r v y ,;r 4= y -e xc r?- +. � whose address is Keenesburg Stct •-•• 6),F VCI'irgabt:4. SOocumentmy Fee ( ry y r y max. r f -'x`< o. uUL 16 1974 5=n`Y.- County of Weld ,State of --• _//._gip ' > i. ''$'`s. a , Colorado ,for the consideration of Ten M� ," z> 3. a R, .'bs• - r .1si; At:IartAl dc':an,in hand paid,hereby zed(s) and convey(e) to •.t' �.,.._�` $ — ' ' • '..?4 - .,.' �' r, Carlos A.Gray and Donna N. Gray, as Joint Tenants with right of Survivorship La S r and not as Tenants in Common o W..L tw'{+, � . whose address is Keenesburg County of LLyr ,••4,4--4,,i,,..:...- ::41, o `at ,,e,t x_ -x l` { --e 'o Weld ,and State of Colorado the following real property in the c 'kI .j .T.^4E t 1 O @ ' yr, - "" .r t? o o fA d 4t" `. . ,-/ii,',1, o County of Weld ,and State of Colorado,to wit: o y at)5 mat part of the SE's of Section 22, T29, R64W of the 6th, P.N., Weld County, i `s fk' '" y •y"y3; n FT Colorado described as: Beginning at the Southeast corner of said Section 22; ,. t 1 4 . ' ' thence N00°00'09"E on an assumed bearing along the Last line of said Section 22 .o +t 8 =-V ce - a distance of 848.82 feet; thence N89°30'00"W parallel with the South line of .-4 a ,vv- s-,.4 SK AT''a SN' said Section 22 a distance of 749.50 feet; thence 500°00'00"W a distance of ' t�-tys '- �� may? 848.82 feet to a point on the South line of said Section 22; thence 589°30'00"E ..1 i '- . ;y` ,,: 3 a distance of #49.50 feet to the point of beginning. �C .''r° `N i y Ma ,�'`.+ = The East 30.00 test thereof and the South 30.00 feet thereof is subject to ,t t, " .":-.,41:7%,:r:r _ County Road R.0.4.(All lying South of air communication tower and access road.) r y ` ',..t.';':111:, With all its appurtenances, and warrants the title to the same, subject to: N �'! y 'rt. _ Rights of way for roads as recorded October 14, 1889 in Book 86 at page 273, yet � Weld Comity Records; Right of way for ditches and canals as reserved in Pate t `t. --.k ,. recorded Dec. 6, 1922, in Book 595_at Page 563, Weld County Records; Airway . al. ',..0,.4;,./.2",....4..:21- Lease _. as recorded October 21, 1960 in Book 1569 at Page 466, Weld_County I. records; Reservation in minerals as noted in Deed recorded April 3, 1962 in ,:t.I..1.aZ.- Book 1610 at Page 502, Weld County Records; Oil and Gas Lease as recorded ay; n October 4, 1968 in Book 600 under Reception No. 1521922,.Weld County Records Pipe Line and other right of way by instrument recorded June 25, 1971 in !eiV� . f,-3, ,. Book 648 under Reception No. 1570439, Weld County Records; Oil and Gas Lease §y.4 te a•- ,. s', St as Recorded August 23, 1973 in Book 698 under Reception No. 1619986, Weld •n , 3 County Records; Agreement for Sale 6 Purchase as recorded July 30, 1973, Boo 696 t c' '+s under reception no. 1618305, Weld_County Records. ' `.' t _f-"1 .'• - !arxifll{1fMJRGF1iid1HBN U€t�7(X1iM iiiile ii6'iMiak4IIliiCd{Yiti4J(lkll ilMiI , 44 g ��; ?.34..W. : el‘ . a. r frF i fl~'. . Signed this I Ith. day o1 Jul ,r . 19 74.. / / ` z J.Lar2taLC(', 5 116.7l Z..iiA�C'Z_._ ' Y. ' W:s •- , STATE OF COLORADO s i�st s r < < c, a .. .p, r yt z � � ter;•' County of Weld ;< ' h 1 ',;2'fT. s • The foregoing instrument was aclmowltdged before me this 11th ' l day of July - ,iii 74,by Clarence.E. Boedeker and 'lazy Baedeker .61;71:€14,1: t fa `a ,:' ; ,.. ' ` ,yet"tommi:abn�Wre• 3-4 78. - s ` '� 4r4�iRlislnW}and end otfieialaasl !! I •a.Lrk't„ yp ... ' f a,.n r If a 1.-If by.stunI P,..a a p.m .M Ioso num ew:u byi.�.ets r n .ntalM a 5. " " , .twr.n-m•f.et tree m.er.. , a n ssw...y- -f..,=..was d o o,e.vtr f:Wm. l�of ewpnea ay.sawn.ea of.uW afrtter or ottb:n a.w.pnSEat-ewn nt of n,ea m,- F I[cation oaroffiii 0. « : .ta f. stn..,ee.....--m,.....r...—s....u ea r roars.r-t-,a e. ,ra-a,. .a roars.o..fnu nee,- asine.oNum..castes—lea +�e y % , 1 e • f` reT (a(� / r ) 1,1 Recup,e rf0. ..,ak A.. m. .J_QL..l..GLl i__ *t'a'm', r i CM • I No. rtr I.T.acmitment roe sac arm ruacaaac or reorsarvR°c No. 1�1�3(]S t.4„..,,,,`�< + v Ann Sgnvr, Rr. dw '[ , e,YiKaairn PrivatiseCerny.142444e,wrl •.n .w eJq.a, _ J V R - __ • vo r Tau AGREEMENT, Mende n duplicate this.. 7'„r1 of.5^S2 ' 19-72_._, between. Cls.rerce.�e Acl_eter and..�arX..teoLek:r:.__.._._ ___._ ....of th. �e 4.: County of_..aeli... _...,and State of Colorado,of the fires part,ay. 'f f^f:. 3.rk Ca_las...d....::r v 1 of the second part: ll • f =� �'�wr_ rsY..3r_...a_nrs.._...SrsY WITN ' N,y� tT E89S1'II,That it the parties of the second part shall tint make the payment, and perform *!. Pii 'j 11` the covenants herein mentioned to be made and performed by the parties of the second part,the partlPs t Yaf ris is of the first part wfll thereupon eonve to the z� ,r � •1 I Po 7 Partin o[the second pert u joint County of and not u tenants sit 2�i 1, s +$n r k+„ in common the following described property eftnate is the County of— ' F3'! 3T t • �g�.,{' "s all ._ and State of Colorado to-wrt:.1.5 acr'=s_more_.dr. leas.. 12c9.tel.._ e+o'F` Y' �s w, i , „le° IP. the-.eautheaat ecrn_raS t:e south ors hat of .l aelo n,. # w I :..S r t ,�t . t �i 2 .....�sn>;e.�.4 '..:est.. oS.She rth P.^'.. . . r_.22• 1,$'4t.t8 ' 4.4 Y PI "_ C ` `` �,1 or _._..C_zsct 1eartal tn... e rl =r_ .bef.ore...t.rans`.ar.._of tlt1a or..._ro pc ht rt e't_ �lk ..'-� �. ter hY- .:i^rantY-_act"1 yi, y a r < t, ' .+ in fee simple b r + ' P . 7 Food and uffieien[ Warranty Deed, free and dear from all liens and encumbrances ,f s♦ ,'-;+Cs-v.-cf./1r r; erne; i QAe._..._ .. _ .. : 'v .; Y • t'eslizt:f.'.,6,111 v [ ` F, . fO� �' � and deliver an abstract of title therefor so showing. s "rjri "'�f �i� 2aS naa [it o And the parses e'the second part agree. to pay,to the art tEs f Y S s� P - the first part,a the�r i' i'5. Purchase price of said property,the sum of..E en.f 2usB.� r> N. • in the manner following, h n.>_____ DOLLARS, Yi to-wie: rare.-t o se.. Dollars tun's Tifr> ,� rash in hand paid,the receipt whereof is hereby acknowledged and.:.Ba:u..1C_ba13 c A3y3 J1° t ir e s� 3t ' at.SLCCa.CC aer.7sar_.. las ins erect.aL the_rat c.� v 1. on...the {[ p fa t ' alarcee..zirst aaynent due ar_i..reYable.kaaliar2 1L '57' arty:. i +� =� a� r i suSsecuert .parer+s due.. d.. -aYa:ale..or the_saz.e..."ate ash ant ver3 - "4i i ha year L e .eafter. ar_til ns13.L^..full... furehaze_s. rrrerl 1L t P,q,. f nay._anY balaace_-.ue_.ln, e.:11..ar.Yt1m.__fte.t 1r 4cf "'.1s ." .•5.'� _ Ls.tru_ert 1 r5 0 ` { e . i. :fit - — — - - -4 .r..-��«`w '-----'-"-'— _ r iii f, f. x - a — - -- ------ — ' .... ri‘etat10? Val - 1 with interest payable upon the deferred payments at the rate of o r and to essme is tat annum from Iy `3r 1 `��'K � date until paid,payable- 4124,!_.tom• pay all tarn and assessments that may heaero- �;] ` < �t`g c y"Tf after levied upon said property before the same become delinquent, and to keep all building" erected a ,ki ✓''' e r *Y . thereon insured for the benefit of the partlEsof the first rT nation hereof be entitled topart for the value thereof,and until the fermi- ' v a - s r ' a,l possession of said property, but in eau of failure of the �y �''jy second p..rt to make any one or more of said payments,or perform any of the covenants agreed to be made rtl ; 1 .t > and performed by the parties of the second thi. .'2141-i x - the peril es of the first art,o the agreement may be terminated at the election of. - _ R r P upon giving!:,the parties of the second part..sl z :x._._ .____ _ '''''at,'w, {i 4 .k :11• t. day's notice of intention so to do,which notice may be served u pros ided by law for service of notice to ♦ e tr`` i7 tr.f-.1.;;;.-ry,yC ' quit,and in case of such-election the parties of the second part shall forfeit all paymeau lade, and . ;such payments shall be retained by the partaS_.of the first part in full satisfaction and liquidation of r• [" 54 x ti.;-..t . + all damages the partlLS.of the fuwt part may have" Maiaed.. - • a�yY' o e- ' ( - IT IS MUTUALLY AGREED, That time shall be of the essence of this agreement, and if at any o rr.y';I.". o —time the same.bait be terminated in the manner above provided, the partlr.Snf the first put shall • "J.;',.. t hate the right to re-enter and take immediate possession of maid property,and the parties of the attend M j , ` n '• part hereby -gree to immediately surrender and deliver up the mime peaceably, to the parles.of ' .e.'. the first part,_and if the parties of the second k 4 k;i r[ $t '.�- 'n °k :'Aa[bA,seal{woes of the part shall amain is yoewsioa thereof situ such term:- '° -- "j the statute and shall be eub send part shall bedeemov guilty of a formble detainer of said PremLq tinder 'T s st. ° '4- ♦ t�n-" in:," i jest to eviction and removal,forcibly or otherwise with or without proses or .. /▪ rt w ra t e t, I t scat and Jt Is erpru to a lYWpulated and provided that all right of the parties of the ueond part is to said prop•' t T's r '' r a T .S.- r eyanee thereof ere held by them as joint tenants with roof sunivenhi and mot- ¢ _ t ,n.` Los'"tillteaan bt-eomsoa.Baled tf said joist Massey and right of surrivo s0 themovenaatr ands -....",‘„is.: Y '' . > i 4 Amu eoatatnad respective tend to and be v its, eruvtora,admmisreto�'• ,. a n y ybinding poi the he4 -1, e,- s r �, t geF and_atigne of the ar �4-4 L �"' 'hc. .aC'q v;.IN WITNESS WHEREOF The pactlK r s . , c t "` c i s+F,•ski rr>'ts"• . , " y t r tr' > The (et� }F. Party;3ere<e haw AeremtO set there hant4and seal the3y sad. y s v.<sknoitiodge lezterthla gird "�"` �Ir .,, eliLe`.e[. .jr. I T-k ' eita t. 0ek a f 1= i. '1 '.. ,`'" er 1!r!•D c 12%A. . - '• • • nl on-. _'�-F—taut`- C;,.. r. (SEAL] N 54 ' 1,- X24 .w—. -. .' ] '----.,,--,4.--,., a is ? J, ir.,. i, ;3..„,. d1 .z:f . '�'.Y , t. '.:: . $. � •r ?---.,. - 8t.di St, 4v= 1 k 9M1�1 } 4 �W5 • • • • ttJti-. y M x h RRSK~j1' _} p Y. .4) � aT .c j JkS�,f v w Y• • 860144 . • •'." r e?.pa!}yrfs 'x.3,,i•�A 'ti. ,7..:0-...;::!..; �fi r„.� R 5' Gi y,��",��• i(_,� fit,'ON T.,'" i >.: k crz; 4:e....,I#411, .c 1 • • k'E},tSM. P i,-1•. 'td • ' i - 4.V'•Wry•4 tSi n .'J1R` athl , l :� ,. i - . . .., w�i f.{,r A� �- -('ice£-,' >,� v`•r.'} -�.f'r. - - 111 -" !rL .-4n'.-Y.�i/T�s+_♦ •L + J�. -iG�•�t !i.:'..Y.;? Ii.J:fw.t; , .. `� :•r.: - ...'.' - .. r; !}2:?•'t'writ< y '`i'i. :'t h:;a'x'3`_yit'y±`•1 •4`' •`;'H'.'S .... •ti.'iF'k.r:' T.Cr*•. * V tayN 3 • I i. • .: f v sue" m t C '1.::"rt.t.:,4 t e J I -.+l -� �.� om.. x . y '.�, ! w.. C..w l-'.•�.�. '1T M1. -,:.-.....-...4...:,-: ter'•; • H •-. a I litot .,Ili..,.,7...:.:;...f * ^ . • ...•:461144'4.''-''' ..., ie. -.-."....F,;.Z.;‘,1!..,.;;;,., .a�'"'Y t li .iffiZI27 tr' ..."1.s„ �7�• w +''Za..: .•Y•,'��. • ,,w'W4 .O i t A a �� « ' '• r y .':=•+ems*-• •.:'.c" LAND-USE APPLICATION SUMMARY SHEET Date: December 30, 1985 CASE NUMBER: USR-713:85:59 NAME: Manuel M. Balderas ADDRESS 27867 Weld County Road 18 REQUEST: Use by Special Review permit for a salvage yard. LEGAL DESCRIPTION: Pt. SE} of Section 22, T2N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Less than 1 mile northwest of Keenesburg, north of Weld County Road 18 and west of Weld County Road 57. SIZE OF PARCEL: 14.604 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 proposed site was established as a non-conforming use of a junk and salvage yard on January 5, 1977. An inspection by the Department of Planning Services staff was made on November 1, 1985 and revealed that the use was still occurring. The Balderas are requesting a Use by Special Review to expand the salvage yard as stated in their application materials. The following referral entities have offered specific recommendations: - Weld County Health Department - Weld County Engineering Department - State Engineer Division of Water Resources - Town of Keenesburg - Brighton Soil Conservation Service Copies of these letters have been made a part of this land use summary application. 860144 FIELD CHECK FILING NUMBER: USR-713:85:59 DATE OF INSPECTION: December 20, 1985 NAME: Manuel M. Balderas REQUEST: Use by Special Review permit for a salvage yard LEGAL DESCRIPTION: Pt. SE} of Section 22, T2N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Less than 1 mile northwest of Keenesburg, north of Weld County Road 18 and west of Weld County Road 57. LAND USE: N Microwave tower, grassland E Turkey farm, 2 residence S Grassland W Grassland ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: There is one access to the property from Weld County Road 18 which is a gravel road. There is a residence and large garage existing on the property. The site is level. By: 10,24; 46/.Q.C:L_.__ Debbie deBesche Current Planner 860144 Vii.•2.4 �K D,-.--x(40 '! I fir — • . I� . 2, ° E3 J.5 sen^ x. � xl a as I • a n xx : . 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' __ \ / (---, r. r:1 ---Th.vcilt,:7,H.,....ii--:. :II----!. ;lir',',-------i / ill[ -- - 07------ ---../....../--�/ ,/ it _ _ ---� _ �r / �.. 1 eenesburg _ /' s' . , � —/ .I ? ✓asao III �� N\ fl 1_ — i 8601` — ;IA • .* f TMx y Y to � 4 t *fit � ;h t •, �. �' ' 't —0 1 < ^, s ..ti C i. 1.l5t. �_ O/9 �1131i. , - ,..., i 4 iIst .,,,,. . .. i t _of �— y 14 . c,,, ,,„.„ i_,,,,‘,„,.. ' ':. +`-see .F Y'N k �k`*kY» ' f &* :; -- . R y� tl '�T N • 14x 5 \Kii�� < `lam . Sit /t . A.sLwR I t I ..t. 5 t�Y Y Y {�{. 417e:0 ^" .!s.r 4t R ,A 1 ' o f i �; „ . , � ... ..,r b i s 14 �" �`} 1 4 R$+..t,+;u.."..J bt,•..' Y � +9 4 �� x k�� cg tiR4 `� ,,/ tCKwl11k1 ;b. 9'° €g' ; '� M1Ys , � F3V ewe" evtw St 4.1 bww..•:...,..,. '.E�E'�^r { t t x �.e£itE.�+tlw4.F. .. R IYC•k'fi.�ai}'.' '4� - ( REFERRAL LIST APPLICANT: Manuel M. and Anita M. Balderas CASE NUMBER: USR-713:85:59 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: December 18, 1985 NO SR NR NO SR NR County Attorney X Ann J. Garrison ,`// 23736 Weld County Road 58 X Weld County Health Dept. Greeley, CO 80631 X Engineering Department X Brighton Soil Conservation Service County Extension Agent 60 South 27th Avenue Brighton, CO 80601 Office of Emergency Mngmt // X State Engineer VVV 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 City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 / Frederick, CO 80530 ,/// X Town of Keenesburg c/o Ron Linnebur 415 S. Pine Box 366 Keenesburg, CO 80643 / X Southeast Weld Fire Protection District c/o Ardith A. Cody P.O. Box 5 Roggen, CO 80652 NO=No Objection 8601.44 SR=Specific Recommendations NR=No Response r-,, 6 n*mORAn®uth wokTo Planning Date December 185 COLORADO From Health Protection Services \,G0 s U.S.R. 713 :85:59 Balderas, Manuel & Anita Subject: The septic system on the garage is unexceptable and the applicant agrees to abandon and cease use of the system. No waste oil may disposed on the property, and should be recycled. We have no prob— lems with this proposal. Weld Co. Planning Cnmmissian 860144 5' ( flfriEmoRAnDurn To Debbie deBische Planning Department Date _December 11, 1985 COLORADO From Donald R. Carroll , Administrative Manager Subject. Manuel M. and Anita M. Balderas - USR-713:85:59 The Engineering Department has reviewed the Use by Special Review of Manuel M. and Anita M. Balderas and request the additional questions and information listed as follows : 24.5. 1.5.2 The drainage facilities shall be designed to release the retained water at quantity and rate not to exceed the quantity and rate of a five-year storm falling on the undeveloped site. 24.5. 1.9 Number of access to property? 11:.; lc 1955 L3k - Weld Co. PlaiuiPU ilanaasSrou DRC/bf 860144 DEPARTMENT OF PLANNING SERVICES PHONE(303)355-4000 EXT.4400 f •:. i Avn *s3 f. 915 10th STREET GREELEY, COLORADO 80631 i"• i 1 t lee "Fyn ° . ;,+y (h""' 'ems • COLORADO• CASE NUMBER USR-713:85:59 December 3, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from Manuel M. and Anita M. Balderas for a Use by Special Review permit for a salvage yard. The parcel of land is described as Pt. SE} of Section 22, T2N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is less than 1 mile northwest of Keenesburg, north of Weld County Road 18 and west of Weld County Road 57. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by December 18, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please� refer to the enclosed letter. p Signed: L aV�t�„...ea e,,,�h-- a.JZ Agency: Date: t t. ' (( ' UeD a/14, c1' &ad .o Debbie deBesche Current Planner 860144 RICHARD D. LAMM hT 0 JERIS A. DANIELSON Governor State Engineer * % OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 December 18, 1985 Ms. Debbie deBesche Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Balderas Special Review SE1/4, Sec. 22, T2N, R64W Dear Ms. deBesche: We have reviewed the above referenced application for a salvage yard. The applicants indicate a permitted well , no. 70618, is the proposed source. This well is constructed to the Laramie-Fox Hills formation and is permitted for domestic purposes. The well cannot legally be used for commercial development with the existing permit. The applicants may apply for an exempt commercial well permit. This type of permit, if issued, will limit use to drinking and sanitary use inside one commercial business and one-third acre-feet diversion annually. Alternatively, the applicant may apply for a regular commercial well permit to allow proposed and potentially anticipated uses. This type of permit, if issued, would be based on supply available in the aquifer. The applicant may desire to hire a water consultant to help determine the availability of water in the Laramie-Fox Hills Aquifer. We will make a determination of the availability of a new well permit after receiving an application. Sincerely, Hal D. Simpson, P.E. Deputy State Engineer HDS/JRH:ma/6569H cc: Steve Lautenschlager Alan Berryman, Div. Eng. DE� 201985 ya Weld Co. Planning Commission 850+144 DEPAP 1ENT OF PLANNING SERVICES 1Fal1 PHONE 1303) 351i•4006 EXT.4406 1 015 10th STREET y �� ,..'� ' ffREEL1'_Y,COLORADO °0E31 ' }. m r, CASE NUMBER USP-713:85:59 O COLORADO December 3, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from Manuel M. and Anita M. Balderas for a Use by Special Review permit for a salvage yard. The parcel of land is described as Pt. SE} of Section 22, T2N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is less than 1 mile northwest of Keenesburg, north of Weld County Road 18 and west of Weld County Road 57. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may b4 interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by December 18, 1985, so that we may give full consideration to your recommendation. 1. We have reviewed this request and find that the request (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. A formal recommendation is under consideration and will be submitted to you prior to: 4. \< Pleas" refer to the enclosed letter. 1 Signed: ,:;G„k, pz:L� CI � /_ Agency:-4_w.r A:)._,,,,,.„4. uyi c-( e r Date: /2- /0 - .Se- / Thank you very much for your help and cooperation in this matter.82z.oxic e CSC.( Debbie l deBesche Current Planner 850144 Town of Keenesburg INCORPORATED JULY, 1919 ZIP CODE 80643 WELD COUNTY. COLORADO December 10, 1995 Department of Planning 915 10th Street Greeley, Colorado 80631 RE: CASE NUMBER USR-713:85;59 'IC 'riHCT" IT MAY CONCERN: In response to your letter dated December 3, 1985 concerning the request by Manuel and Anita. Balderas for a salvage yard near Keenesburg, Colorado ;:e offer the following comments or recommendations: 1. The proposed 6' chain link fence surrounding the property should include a privacy or solid type fence on the south property line. 2 The cars should not be a/lowed to be stacked higher than the 6' fence. There is a possibility that the land across road 18 to the south could be developed for residential occupancy 'tie feel that these requests should be considered a part of the use requirement to protect future development. Sincerely, TCVN CF KEErESRURC r L-'n �n?U"41 i4' r:-7 ie *AYCR -`r 11-6T7:31-017 .1. :L1989 r( ma/vg 9lznl �nmxi5Slai *Bid Co. 880144 Southeast Weld Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 - Phone 659-7004 December 16, 1985 Ms. Debbie deBesche, Current Planner Department of Planning Services Weld County Centennial Center 915 10th Street Greeley, CO 80631 RE: Case Number USR-713:85: 59 Dear Ms. deBesche: The soils on this property would be prime agricultural land if it became irrigated. This is according to the Important Farmland Map for Weld County, Colorado. The area surrounding the proposed auto stalls and the existing and proposed buildings should be seeded to adapted grass. This is to protect the soil from erosion. The grass once established may need to be clipped to reduce a possible fire hazard. Sincerely, Marc Sirios, President Board of Supervisors MS/ljg SEC, 17 1985 r=, Weld Co. &lanomg Commission 860144 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT c DEPARTMENT OF PLANNING SERVICES iti6 _5, I s yt� PHONE(203)3564000 EXT.4400 ^� r 91510th STREET eV wl A �� ` GREELEY, COLORADO 80631 * , i3 g I .op 4,x L: r t.)[ • CASE NUMBER USR-713:85:59 COLORADO December 3, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from Manuel M. and Anita M. Balderas for a Use by Special Review permit for a salvage yard. The parcel of land is described as Pt. SE} of Section 22, T2N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is less than 1 mile northwest of Keenesburg, north of Weld County Road 18 and west of Weld County Road 57. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by December 18, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please refer to the enclosed letter S¢ireetProtecion Signed: / ' Agency: District Date: /, - /2 —S' :3 Secretary n / B I **71 U�ithei, Sf .Q_ IC 1985 Debbie deBesche Current Planner Weld Co. Planning Cumnusslon 860144 C ( ii, o DEPARTMENT OF PLANNING SERVICES . i4c r PHONE(303)356-4000 EXT.4400 915 10th STREET rob� �' GNEELEY,COLORADO 80631 r: •, rL a r ®. 4. £ ;r x COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, January 7, 1986, at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a salvage yard from Manuel M. Balderas and Anita Balderas on a parcel of land described as part of the SE} , Section 22, T2N, R64W of the 6th P.M. , Weld County, Colorado, containing 14.604 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 January 7, 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. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by December 12, 1985 Received by: U� Date: /246 860144 C C MAILING LIST Manuel M. and Anita M. Balderas USR-713:85:59 Surrounding Property Owners Clarence E. and Mary Baedeker 303 Main St. LaSalle, CO 80645 Lloyd H. & Bessie L. Rockwell 2631 175th Avenue Erie, CO 80516 Harry A. and Barbara J. Pippin P.O. Box 15 Keenesburg, CO 80643 860144 (- C� MAILING LIST Manuel M. and Anita M. Balderas USR-713:85:59 Mineral Owners Olin Featherstone 200 Penn Rosewell, N.M 88201 Lyle V. Cooksey Keenesburg, CO 80643 144 APPLICATION USE BY SPECIAL REVIEW , . Department. o1Planning Services, 915 Tenth Street, Greeley, -Colorado 80631 I Phone - 356-4000 - Ext. 4400 i 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) ' (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: Part SEIr_ Section 22 L 7N, R 61, W • LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is . proposed: Section T N, R W Property Address (if available).2714 7 Wp1 ci County Rnari 111, Kppnesburg, CO 80643_— PRESENT ZONE Agriculture OVERLAY ZONES -_ - TOTAL ACREAGE 14.604 PROPOSED LAND USE Salvage Yard EXISTING LAND LAND USE Property had a Garage which was use4 for mechanic and salvage, themilEgsesite has been used as a hvsiness for over(1O) ten years. This is what attracted this property to us. SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: . Name: Manuel M. Balderas. Jr & Anita M. Balderas _- Address: 27867 W,C.Rd. 18 City KeeneSburg . CO Zip 8Q643 Home Telephone # 732-4451 idotcxxs Telephone # 659-5206 Work ' Name: -- Address: City Zip Home Telephone # Business Telephone # —_ Name: Address: City Zip Home Telephone # Business Telephone #�_ tPPLICANT OR AUTHORIZED AGENT (if different than above): Name: Zip Address: City ' ome Telephone # Business Telephone # List the owner(s), and/or lessees of mineral rights on or under the subject properties of record. Name: Lyle V. Cookev - Address: city Keenesburg, CO Zip 80643 Name: _Olen F. Featherstone - - 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 )' f f/Si nature: ner of •uthorized Agent �'r ,, C' 5AO 'Lbscf,�b�d.arjd@fT to before me thisa y of ,, rte:�/ iv A . r`•`. C:SEAL ' .G �� G• - ! _1 ,1/4... - NOTARY PUBLIC ` I•iyyr:omaiissi? 4.1 p��t%RS. 1— 860144 I. r ' .., AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 27867 Weld County Rd 18 Keenesburg, CO 80643 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. -�c'-, yam_ •, (72-d 71115442-e-f-eto The foregoing instrument was subscribed and sworn to before me this day of C/fAtfrith-tit/ , 19fr1 . WITNESS .my•hand and official seal. My.,Cbth jj loir,expires: /frc9 7421 r- Notary Public 860144 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. ' Subject Property 77Rh7 Weld County Rd . 18 , Keenesburg , CO 80643 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.l hfrnitallea-�,,,, 9,Batty] Th foregoing instrument was subscr₹bed and sworn to before me this c�n day of , 19J.S WITNES§••my.,rand and official seal. Mt.:c}0 ni' €ibilte*.gires: n �' • niJf ' � .' O Notary Public •• O r. r o' 4 860144 ill We have undertaken a new adventure; on that we thinfi is a perfect opportunity for this family . We have done this type of business on a small scale. Now that this property became available at a good prices` we have decided to , as we said, "Take the Bull by the Horns . " I Hope we are successful . The property has a history of having a business . Mr . Gray for years had a mechinc shop and sold pars . This being the situation we thought a Salvage Yard would do well . We hope it will also , benefit the Town of Keenesburg , bring more business and interest', more people in moving into this growing Community . Please consider our application carefully ; give us the benefit of the doubt and we might succeed . Thank you for this opportunity to greet all of you and I hope we get to meet each one of you in the near future . 850144 J1 The proposed use for the land is a Salvage Yard . The area needs a local salvage yard , if a person needs and, parts they would have to go to Ft . Morga,n 10 miles away, Greeley. 45 miles , Brighton 22 miles or Hudson 8 miles of which cot very many parts are available . The properies surrounding the proposed site is Farm land on three side an a turkey farm on one side; of which the place has closed down , and is for sale . Distance of residential property is pretty far except the resident on the Turkey farm that for sale: their is a dwelling on the proposed site which is about 604 ft from the Garage . This would be a speculative number of patrons 5 to 8 person per day with the hope of more person in time when the business location get to be known and a few years . Employees , this would be a family project with the hope of employing one or two person to help in the future . Water is not a main source of importance but it is available for public facilities with a rest room and septic sewage . Enclosed is a copy of the date the well was drilled and depth and yield . The access route to the, proposed area are Interstate 76 to Keenesburg , Nortt on 571 about 1/3 mile and West on route 18 1/3 mile to proposed site . Vehicular traffic would be cars , pick-up an a occasional tandem truck to carry out a vehicle . they may buy . As a fire protection we. have several fire extinguishers in the more possibl6 needed areas , but no combustible material will be kept or stored in the site . Types of animals would be only pets and 4H projects like rabbits , goat , cats chickens , dogs , etc small animal type. . . . . _ N 8S0144 # 2 Waste would be carried off' to disposal areas and junk medal to the Salvage Processing Plan. Upon the availability at the permit the time period to start up the proposed use of the land would be 2 months . e #3 permitted for use by the special review for use in agriculture land . The land when we purchase it was use as a salvage area for about ten year . The owner did not obtain permit for the operation. We bought it with same intent but to make it a business and use it to maintain a standard living off this property. This property is listed in the phone directory as Gray ' s Garage #1 NW of Keenesburg . The proposed site is pretty much isolated from the neighborhood and a privacy fence will be construted around the property to keep trespasser 'q out , and provide for some safety . The compatibility of the surrounding land use would be Commerical be- cause the land is us for Dry Land Wheat Farming on three side and a Turkey Farm on the East side. I see this land being use as commerical property in the near future, because of it easy exit to I-76 . The proposed site is not in a flood plain or gealogic hazard nor in an Airport area . ) Water is available the well . as recorded on 09-25-73 , yield is 14 . 0 with a dpth of 804 ft water level at 375 . see attached information sheet . AR2L25690 - B 1085 Rr'" 02025690 09/23/85 12: 05 $3 . 00 1/001 F 0502 Ma ,.Y ANN FEUERSTEIN CLERK & K. .:ORDER WELD CO, CO WARRANTY DEED $ Documentary Fee il' THIS; DEED, Made this 20th day of September Dotep SEP 2 3 ma_ 19 85 , between CARLOS A. GRAY AND DONNA M. GRAY $ /a 50 of the *County of Weld ' and State of Colorado, grantor, and MANUEL M. BALDERAS, JR. AND f, ANITA M. SALDERAS 1. whose legal address is 27867 WCR 18 — Keenesburg, Colorado 80643 H of the County of Weld and State of Colorado, grantees:,�, WITNESS, that the grantor, for and in.consideration of the sum of ($95,000.00) I NINETY FIVE THOUSAND DOLLARS AND NO/100THS DOLLARS, I, the receipt and sufficiency of which is hereby acknowledged,has granted, bargained, sold and conveyed,and by these presents does giant,bargain,sell,convey and confirm unto the grantees,their heirs and assigns forever,not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Part of the SE} of Section 22, Township 2 North, Range 64 West of the 6th P.M. , BEGINNING at the Southeast corner of said Section 22; thence NOO°00'00"E on an assumed bearing along the East line of said Section 22 -a distance of 848.82 feet; thence N89°30'00"W parallel with the South line of said Section 22 a distance of 7 • 749. 50 feet; �, _s thence S00°00'00"W a distance of 848.82 feet to a point on the South line of said Section 22; thence S89°30'00"E a distance of 749.50 feet to the POINT OF BEGINNING. aRRa known by street and number as 27867 WCR 18 Keenesburg, Colorado 80643 I11 I'OG F THER with all and singular the hereditaments and appurtenances (hereunto belonging, or in anywise appertaining and the re\enion and reversions,remainder and remainders,rents, issues and profits thereof, and all the estate,right, title, interest.claim and I demand whatsoever of the grantor, either in Iaw or equity, of, in and to the above bargained premises, with the hereditaments and I I' appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances,unto the grantees,their heirs and assigns forever. And the grantor, for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and gc:th the grantees,their heirs and assigns,that at the time of theensealing and delivery of hese presents.he is well seized of the premises ' :d,ove conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance. in law. in fee simple, and has good right. full Y power lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid.and that the same are f rye and clear and la ful g lion] all forester and other grants,bargains,sales, liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature seever, except the general real estate taxes and assessments for 1985 and subsequent III years; easements restrictions, reservations and rights of way of record, if any; I r and the Deed of Trust for the use of Morgan County Federal Savings and Loan Assoc,; iation recorded in Book 729 as Recp. No. 1651408 which the parties of the second* II The grantor shall and Will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable i!I ' possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include ral,the plural the singular, and the use of any gender shall he applicable to all genders. IN ' TN • WHEREQ�,the gr has executed this deed on the date set forth above_ - i * part hereby agree to assume and pall; &UAL0S—A. G . ' Dp.NNA M. tnXAY . __ . STATE OF COLORADO 1111 5. Count Y of I of September r 1985 day S this 2 t„ w ed before me O h P was ackn led"The fort Dies instrument. o € gI by CARLOS A. GRAY AND DONNA M. GRAY 11 is^J.A .. rl.l Imo... -; Witness my hand and official seal• . N • ct, ,ice q0 0 :a, vG - . 198 4norms n expires i '/ .- .. D My CommC P ��I d A O K ' c' 7 J1 t1. o f`sel z : a r l—. I m , p Notary Public ' *If in Denve,nsert"City and." No.921A. Rev.3.85. WARRANTY DEED(lb Joint Tenants) Bradford Publishing,5825 W.6th Ave.,Lakewood,CO 80214-(303)233-6900 II 880144 NAMES OF.OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION I/ • Clarence E & Mary .Boedeker 303 Main St. 1a Salle. CO 80.6.45_11105.22-0-00--019 • Lloyd H. & Bessie .L. Rockwe.11 • 2631 175 Ave.. Rrie rn Rn516 It14n5-21_n.,nn_003 • • Harry A. & Barbara J. Pinnin • P.O. Box 15 Keeneshurg, co R0649Ih3n_5-77-0-DO-019 Harry A. & Barbara J. Pippin P.O. Box 15 KeeneRhurg_ rn sn649It19n5-76-2-00-016 • • • • • • • • • • • • • • • • • • 860144 ,▪ Cti, 0 W a a a a a j. 0 a O u IA N N N N N I N N N N N N ,,II , N 3 ' -(m m O a 0 0 0 O ' 0 0 'o O • 0 0 0 0 I A m 0 Tl O J a o m m a a JJ 0 0 0 " J - f N 0 , W 0 0 0 A 2 I I c J 0 - fT J Co N N N co -4 0 - to > 3 y I qq'' a N -- N 00 N , 0 J a - J CO a) a '3t - 03 > I. 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O O x x m X X X CO 0 I 0 L n I m m og g.i° c c01 V m m m 0.m - F N CO C Mm amm zmomoo mar; ,700,3 woo aro ozo NZ0O1 OZN (0.100 0300a xrr' t O mm 2102 zoo 3 I' m m 0 N N Z m O • 2 2 U N N N 0 0 Z r C .314.) -4 -< m CO m- NO N N - m MN NCO - O--• < > o A0 C C CN Om • a 01 CN Ca ..IC NZ-. 0 -i - N m -y N Molt MN !0 - O A0.4 O O a a O N !TOO N N 040 J r A I DD I 00 a pap 0 0 00 a Co a m 0+ A 2 Ni - OO1 f0'f 001 a N-O ma-0 NO- -pot !0001 - O - o A c A 'i MON A a• • -• - a - 0 D O O - - o O a O N N N O 0 0 0 ONO O O 000 O O O N O N O Tr 1 nn' n o n O' n n O O O O n n o n O D - V! CD 0 0 • O O 0 0. a 0 0 0 O 0 O 0 O 0 0 0 31 -i ': .� 0 0 z 0 0 0 0 0 0 O - Z OZ o 01 ' rP .. o�a. . 66+ a a om kfii PI N a 'a N 00 CO m N C O -4 mC al c co co co co c c m i ▪ i I A i OCTOO ER 1074 ;' St,ILCVNS .t'IYAI su.ViLc , • SOIL MAP '' I Maneul & Anita.$alderas , 0 NV11Or +.gperator, County -/ bald `, State entornan I. S( il survey sheet(s) or rode nos. Sheet/32 htt', '\ppro\iwatc tralr 1:24,000 II Prepared by U.S. Aet)arttttent•ofAgrietdture,Soil Cotteervatiou Sri%irl cooperating with southeast„-weld Soil Cou-cr%.ttion Di-trict j RIPS' '1"IsS_. .._ate•- ; T _ !.. -.... .. -..-..._ 1. X644, T2N iiinat IVA afi/ it '• 1' 19 C # �' ,I , / " :,� t ( I Ell 15 ,� 79 rat I Li' a I - i_ r i • ' t ' 15 dI, 7t" ca.% Or lip 27 .7 6 II 79 ill Y i•' 16 K4e,R4rsbura V, r r • .. dK "-«, ' ' 14 w ; 1;11' , .. v- K 74' .. . .Oliirh 154\liiii: 6 ,I 1 ,r: ° tb ��I \� ,<c . 'rell to k f I• , / id vA y'� a ihilly, �' 1 t 36 irra, �> 15 I 18,.. mil. i � L ..- �-. yyy� 79 pl b' .wv K 7/ 60 elith / 6 "jb. . ':. v . i. 1R 79 I` I 14 151 III Y z 8S0144ll i Co-CPA-1 D. S. Dept. of Agriculture 4/82 " • Soll Conservation Service (180-12-11) ' . ii,' . COISERVATIOI PLAN MAP AND SOIL MID CAPABILITY MAP LEGEND SHEET 1 e s or woodland ,I Di fferent kinds of,eail� range sites. sites are separated on the f ! , map by solid black lines, Within .e ns'ach a /ia an identifying symbol or II name. The follodn;ayib2L are shown an your map= i I; Soil descriptions , } • II w 15—Colby loam, 1 to 3 percent slopes. Tide it gallop,. Management of vegetation on this soil should be bas well drained soil on uplands,at elevations of 4,860'to SAW on taking half and leaving half of the total annual produ (- feet. It formed in calcareous eolian deposits. tion. Seeding is desirable if the range is in poor conditio Typically the surface layer is psis brown loam about 12 Sideoats grams, little bluestem, western wheatgrass, bl e inches thick. The underlying material is very pale brown grams, pubescent wheatgrass, and crested wheatgrass a silt loam to a depth of 60 inches. t„ - suitable for seeding. The grass selected should meet t Permeability is moderate'. Available water capacity Is seasonal requirements of livestock. It can be seeded in o high. The effective rooting depth is 60 inches or more.` a clean;.firm sorghum stubble or it can be drilled into1a Surface runoff is medium, and the erosion'hasard Is "firm prepared seedbed. Seeding early in spring has moderate, ' - , ; ' proven mode successful. In irrigated areas this soil is 'silited to all crops Corn' Windbreaks and environmental plantings of trees aid monly grown in the area,. including corn, sugar beets, shrubs commonly grown in the area are generally well Deans, alfalfa, small grain, potatoes,and onions. An Beam- suited to this soil. Cultivation to control competing pie of a suitable cropping system:1s 3 to 4 years of alfalfa vegetation should be continued for as many years as followed by corn, corn for silage,'Sugar beets, small grain, possible following planting. Trees that are best suited and or beans. Land leveling, dit4 ;lining,, and installing;.have good survival are Rocky Mountain juniper, eastern pipelines may be needed for propWwater application. iredcedar,ponderosa pine, Siberian elm, Russian-olive, and All methods of irrigation area suitable,'but furrow ire- hackberry The shrubs best suited are skunkbush sumaii c, rigation is the most common. Barnyard manure and com.i lilac, Siberian peashrub, and American plum. I mercial fertilizer are needed for top yields. '` Openland wildlife, such as pheasant, mourning do.i'e, � In nonirrigated areas this soil ia.isuited to winter wheat,,;and cottontail, and rangeland wildlife, such as antelope, 4 . barley, and sorghum. Most:'of,the acreage is planted to.'cottontail, and coyote, are best suited to this soil. Under winter wheat. The predicted avenge yield is 28 bushels irrigation, good wildlife habitat can be established, per acre. The soil is summer fallowed in alternate years benefiting many kinds of openland wildlife. Forage to allow moisture accumulation. Generally precipitation is production is typically low on rangeland, and grazing sob low for beneficial use of fertilizer. management is needed if livestock and wildlife share Or Stubble mulch farming, striperopping, and minimum til- range. Livestock watering facilities also are utilized ¶1w lage are needed to control soil blowing and water erosion. various wildlife species. Terracing may also be needed to control water erosion. This soil has good potential for urban and recreatiorlal The potential native vegetation;.Is.dominated by blue development Road design can be modified to compens 'Le grams. Several mid grasses, such as western wheatgrass for the limited capacity of this soil to support a lo•'d. and needleandthread, are also present Potential produc- Capability subclass Ile irrigated, IVe nonirrigat 1.1. ; Lion ranges from 1,600 pounds per,acre in favorable years Loamy Plains range site. to.1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grana��i falograss, snakeweed, yucca, and fringed sage ase; and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. B50144 . it CO -CPA-1 U. S. Dept. of Agriculture a on Service ervti 4/82 Soil Cane , (180-12-11) - CQISERVATIQI PLAN NAP AND SOIL AND CAPOILITY MAP LEGEND SHEET '! Different ldnds of soil, range sites. or woodland sites are separated on the map by solid black lines. Within each area is an identifying symbol oril name. The following symbols are shown on your map: . Soil descriptions 79—Weld loam, 1 to 3 pereent slopes. This is a deep, Management of vegetation on this soil should be base well drained soil on smooth plains at elevations of 4,860 to on taking half and leaving half of the total annual prodnc- 5,000 feet. It formed in eoiian deposits. Included in tion. Seeding is desirable if the range is in poor condition. mapping are small areas of soils that have a subsoil of Sideoats grama, little bluestem, western wheatgrass, blte loam and light clay loam. Also included are some leveled grams, pubescent wheatgrass, and crested wheatgrass Eire areas. suitable for seeding. The grass selected should meet the Typically the surface. layer of this Weld soil is brown seasonal requirements of livestock. It can be seeded irj,to loam about 8 inches thick. The subsoil is brown and pale a clean, firm sorghum stubble, or it can be drilled into' a brown heavy clay loam and light ,clay about 20 inches firm prepared seedbed. Seeding early in spring Ras thick. The substratum to a;depth of.60 inches is silt loam. Proven most successful. II Permeability is slow. Available water capacity is high. Windbreaks and environmental plantings are generally The effective rooting depth is 60 inches or more. Surface well suited to this soil. Summer fallow a year befyre runoff is slaw, and the erosion'hazard is low. planting and continued cultivation for weed control are In irrigated areas this soil is suited to all crops cm_ needed to insure establishment and survival of plantin s. monly grown in the area, including corn, sugar beets (fig. Trees that are best suited and have good survival re 8), beans, alfalfa, small grain, and onions. An example of a Rocky Mountain juniper, eastern redcedar, ponders a suitable cropping system is 8 to 4 years of alfalfa fol- Pine, Siberian elm, Russian-olive, and hackberry. The lowed by corn, corn for silage, sugar beets, small grain, or shrubs best suited are skunkbush sumac, lilac, Siberian beans. Land leveling, ditch lining, and installing pipelines Peaehrub, and American plum. are needed for proper water applications. Openland wildlife, such as pheasant, mourning dove, All methods of irrigation are suitable, but furrow ir- and cottontail, are best suited to this soil. Wildlife habitat rigation is the most common. Barnyard manure and corn- development, including tree and shrub plantings and mercial fertilizer are needed for top yields. grass plantings to serve as nesting areas, should be see- This soil is well suited to• winter wheat, barley, and cesaful without irrigation during most years. Under ilr- sorghum if it is summer (allowed in alternate years. rigation, good wildlife habitat can be established, benetit- Winter wheat is the principal crop.The predicted average ing many kinds of openland wildlife. yield is 33 bushels per acre. If the crop is winterldlled, This soil has good potential for urban and recreational spring wheat can be seeded. Generally precipitation is too development. The chief limiting soil features for urban low for beneficial use of fertilizer. development are the shrink-swell potential of the subsoil Stubble mulch farming, striperopping, and minimum til- as it wets and dries and the limited capacity of the soiluto 'age are needed to control,soil blowing and water erosion. support a load. Lawns, shrubs, and trees grow well. Ca 'a- Terracing also may be needed to control water erosion. bility subclass Ile irrigated, Ilk nonirrigated; Loa y The potential native vegetation:is dominated by blue Plains range site. grama. Several mid grasses, such as western wheatgrass and needleandthread, are'also present. Potential produc- tion ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grama, buf- falograss, snakeweed, yucca, and fringed sage increase; and forage production drops.'Undesirable weeds and an- nuals invade the site as range condition becomes poorer. . - _. . 894114 77Z /-/ , I LL wa g4O i O D 1 q M I. M DI 4 f- ¢o o V] co I F Ci .� Y �I m Q rc is, a 'r+ Hz IT uj Luc( Ht Ili O ID t: \ V o w Q 0a D U W C' iii 1 e ' .;/ ❑ H LT i �' LLICC 0 SO z H w ain.W ZlP 1$j H W � z jP g II ` 'll{. X IC X rz 03 P8 Form 3011,July 1989 447-845 r DOMESTIC RETURN RECEIPT rte' 1 CL �,y3 'o Zi441 c 8888 • o m f s a \ OP •y Y+c it zi � Q w a �E. g` x E 1 rn r b▪ lit ' i g f w hQ SI 15 3 a a IC w U e• 3 a < ..r I i P0 40 cr 0 '$ cif a O o a o Ise ! a W ! 1H1I11 a w O! it 4 ibe 8 11 lilt ' W s Z PS Form 9511.July 1983 447-848 0C TICMTU$lh1 4 et p _ ,A xi, a Epe. 12 s 2 o- 8a 2 AL > ,-a Y kk n' o o o it W EE I p- w g o q &« o I Z _ !Rc\ 31 It 11 cJz a tx F V. L�l rs cr. ¢ w a H La R cn W ..d t c .�T— �. K L44 I- 4 14 d' O ` F.C w . H O to 'g PI I � z I` a w x m cite 8 r w i i p \ g a H •y 4g i I40C O L�Lg` ' - ' a cr O M H 1Vs1 : '. 4'Ji �D W N W 1/40 II 4 ❑ PS Form 1111,July 1883 447446 0114 i ii I a g _ zt w , o -z t LA I Qom" we4 NI- Uh ! aw •Ill m J `,a z D4 in <46 re rO. cin- ,� W WSKCa 11JiJflJ cc ¢g4� w - illS Gcg l❑ ' xO W !8 ggGie 2 I . 7n ca�,� ❑��4O .o n PS Fovma 883 811,Say 7 447.846 rCe�v DOMESTIC RETURNRIECEIPT BOARD or COUNTY COMMISSIONERS WELD COUNTY COLORADO P. O. BOX 758 it GREELEY, COLORADO 80632 Ctl,r 6.4 cr RETURN RECEIPT �. REQUESTEir + ��4, o r S ttaIi SLIM FEATHERSTONE 200 PENN o ROSEWELL, NM 88201 cp CERTIFIED "" / P 0%9 493 996 ( ,U ' /'y" JANa3 / MAIL ,: iateci.Et c, --- J lib' i I ZE w o gx I r o. .0 a o — °� s8 LL 9 1�j ig a I I 5 m ft- E11 0 n g g I zcc El, ao w .0 ., d �i dk S �= v vii 'd li � E ! g m LL o 0 c7 °g 3 . w o O $ J I8 , � cc PS Favor 3411,July 1943 447616 DOM88lIC a RECEIPT 950144 Hello