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Home My WebLink About850741.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. i \1 . /d ,) h�� j0,. RESOLUTION v RE: APPROVE CONTINUANCE OF HEARING FOR USE BY SPECIAL REVIEW, SALVAGE YARD - JESS AND IRENE BOND 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 29th day of May, 1985 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Jess and Irene Bond, 26421 Weld County Road 388 , Kersey, Colorado 80644 , for a Use by Special Review for a salvage yard on the following described real estate, to-wit: Part of the W1 SE4, Section 9 , Township 5 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, studied the request of the applicant and the recommendations of the Weld County Planning Commission and the evidence presented in this matter, and WHEREAS, after study, the Board deems it advisable to continue this hearing to allow the applicants and the Planning staff to revise the Operation Standards to address the concerns voiced at this hearing, and WHEREAS, the Board further deems it advisable that the revised Operation Standards be considered by the Planning Commission within thirty days of this hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that this hearing be, and hereby is, continued to allow the applicants and the Planning staff to revise the Operation Standards associated with the Use by Special Review. BE IT FURTHER RESOLVED by the Board that the Planning Commission is to consider said revised Operation Standards within thirty days of this hearing. PENS' //I� l nr . ., 7, i G� `.,.: .. �,!,. 850741 Page 2 RE: CONTINUE HEARING - BOND The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of May, A.D. ,.Dj� 1985 . ATTEST: �' l l2wv�1�(�' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CILORADO Weld County Clerk and Recorder and Clerk to the Board J a-Cifalkrne Joh s•n, C airman C --)1 �1vll� c e� ( „ s e� uene R. BraQS-Tern e eputy County erk EXCUSED APPROVED AS TO FORM: C.W. 4ir r I a County Attorney , Frank Yamag hi HEARING CERTIFICATION DOCKET NO. 85-26 RE: USE BY SPECIAL REVIEW FOR A SALVAGE YARD - JESS AND IRENE BOND A public hearing was conducted on May 29, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro—Tem Commissioner C.W. Kirby - Excused Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated May 6, 1985, and duly published May 16, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the request of Jess and Irene Bond for a Use by Special Review for a salvage yard. Chairman Johnson explained that with only four Commissioners present, if a tie vote should occur, the absent Commissioner would examine the record and listen to a tape of this hearing before casting the deciding vote. Lee Morrison, Assistant County Attorney, made this matter of record. Rod Allison, Planning Department representative, read the recommendation of the Planning Commission into the record. The motion to recommend this application favorably had failed to carry, constituting a recommendation for denial. Jess Bond, applicant, came forward to explain this request and answer questions of the Board. David Bond, brother of the applicant, also came forward to give explanation. Persons who appeared in opposition to this request included: Norman Peterson; David Melusky, attorney representing Duane Francis and Pat Williams; Charles Achziger; Jay Marr; Monte Heinrich; Gayle Shield, representing Pat Williams; Ivan Gilbaugh; (Tape Change #85-40) and Robert Francis. Jess Bond came forward again, stating that he has no plans to expand the present operation. Following discussion, Mr. Allison suggested that the Board might wish to grant the applicants time to amend the application to address some of the concerns expressed by those in opposition to this request. Some of those concerns were: limitation of this Use by Special Review to the present applicants; fencing or screening of the area; limitation of the number of vehicles to be allowed; and further limitation of the area to be permitted. Following further discussion, Commissioner Brantner moved to continue this matter, with the amended application to be heard by the Planning Commission within thirty days and instructed the Planning staff to work with the applicant on expanded Operation Standards addressing the concerns expressed during this hearing. Commissioner Lacy seconded the motion which carried unanimously. APPROVED: l7€� • BOARD OF COUNTY COMMISSIONERS ATTEST: %Il -� --/n-1 WELD COUNTY, COLORADO Weld County Clerk and Recorder c��y e Joh ^ `• and Clerk to the Boar J:c u 1 n-o , Chairman /q • D puty County Cle Gene R. Brantner, Pro-Tem EXCUSED C.W. K4 b. TAPE #85-39 & *85-40 / DOCKET #85-26 . acy / LHR 2243 /&e,e!' Frank Yamagu i -- ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : MAY 29, 1985 DOCKET # 85-26 - USR, SALVAGE YARD, JESS & IRENE BOND DOCKET # 85-30 - USR, NURSERY & GREENHOUSE, LEE M. & BARBARA MAXWELL DOCKET # 85-31 - AMEND USR, JAMES MCDONALD PLEASE write or print legibly your name , address and the DOC n (as lieted above) or the applicants name of the hearing you are attending. 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O. s ft to 1(,.\ OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EB0 4200 P.O-BOX 758 GREELEY,COLORADO 80632 IgoC COLORADO icrn,t r rry April 22, 1985 [ il- P., MAY 1985 �� 1 Jess and Irene Bond 26421 Weld County Road 388 COLD. Kersey, Colorado 80644 Dear Jess and Irene Bond: Your application for a Use by Special Review for a salvage yard has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. W}SE}, Secti property on 9, Township 5 North, Range 64 as part West of the 6th of P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive tyouyour drereply tby May 8, 1985. If we are not in receipt of your request by matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO CAAIRMAN I wish to have a hearing on this matter r t er brought before ising expense. of County Commissioners. I agree to payf (pe EX/i/Bir 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 cerified ord of he to thet taped c record ewhich rwill be kept cduring tthe phearing,tg in ourt to make a the Clerk addition to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-26 Jess and Irene Bond 26421 Weld County Road 388 Kersey, Colorado 80644 DATE: May 29, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Salvage yard LEGAL DESCRIPTION: 64rWest ofe Wi the 6thIP.M. ,tion Weld9County North, Range , Colorad 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: May 6, 1985 PUBLISHED: May 16, 1985, in the Johnstown Breeze EXHiB/ T Affidavit of publication STATE OF COLORADO COUNTY OF WELD js NOTICE �I / Pursuant to the zoning lows of the el— being State of Colorado and the Weld County.Zoning Ordinance, o public hearing will be held in the Chambers duly sworn, says that he/she is of the Board of County commsion- publisher of the Platte Valley °f qty,ColGreeley, Weld,Center,915 10/11 VOICE, a weekly newspaper S Fir Greeley, ed published and printed in Kersey °t specified. All re in said County p as in - or interested in said newspaper e and State; that m Use, ial Review ore P Per has a general r stied od and may be circulation in said County and h .. , been continuously and unin- s id RM icant or any interest- has terruptedly published therein, e arty de B1° presence of o during a period of at least ` .?°ri" to make a fifty-two consecutive weeks r rd of tidings,in addi- prior to the firstti to the d rnord which win publication of b apt d re C'the hearing, the-. the annexed notice; thatc to.the M'e office can be newspaper said c child for a list ofcertified court. P Per is a newspaper with- rep,rters in-Alt• area. If a court in the meaning of the act of the rep,rter is Rained,the Clerk to the General Assembly of the State 9 ds Office shall be advised of of Colorado, entitled sad action eriddstfive prior to regulate the "� Act to .requesting .The cost of engaging a notices printing of legal court reporter shall be borne by the and advertisements,^ requesting party. and amendments thereto; that BE IT ALSO ent KNOWN Mptthe text and the notice of which the annexed is a mops. so certified by the Weld printed copy taken from Co°ntynlenning Commission may be said newspaper, was published examined rated the office of the Clerk in said newspaper, to the Board of County Commission- said and in the •re; located in the Weld County regular and entire issue of Centennial Center,915 10th Street, every number thereof, once a Third Floor, Greeley, Colorado. DOCKET NO. 85-26 week for —acre-- successive APPycANT weeks; that said notice46l41wia County RoodB388 was e0 Kersey,Colorado 80644 published in said newspaper DATE: May 29, 1985 ment thereof, and that the first TIME: a P.M. proper and not in any supple- REQUEST:Use by'Sp•ciol Review — of said notice Salvage yard iitAI DESCRIPTION: Part of the %/-/i7 NorWei SE'/., Section 9, Township 5 aforesaid, was on the F0 North, Range 64 West of the 6th P.M.. Weld County, Colorado day of --.ICPQf. -- 19 '5' i BOARUOF— J— !y COUNTY COMMISSIONERS and the last on the --- -4 WELD CO UN Ty,CO LO RA DO d83 of BY:MARY ANN EFIN 1. _ COUNTY CLERKAND CORDER --� — 19 AND CLERK TO FBOARD Di�TED: Moy 6BY:Mary Reiff,Deputy A1985 blshed ;n the Platte Valley V ICE, Kersey,Colorado,Thursday,. Moy 16. 1985. Subscribed and sworn to before me this _ 3rd day of June 19— 85 a __Non 0-1.1(-) 1. 1 1st St. Kersey , CO. 80644 W OCCITw11is;on Expire. AFFIDAVITOF PUBLICATION NOTICE THE JOHNSTOWN BREEZE Pursua�meto tpe z°nine.laws m STATE OF COLORADO ) WauFei rnb Lam%.UIW a- and the ) 55 a puaK he„d p ,yiPj q dt;id�u' COUNTY OF WELD ) the Chambers or the Board of I, Clyde Briggs, do solemnl swear that I County Commissioners.of Weld Y County, Colo Weld County am publisher of The Johnstown Breeze; treat, f�ire�t Flo'or,915 1gth that the same is a weekly newspaper a�reeaiF'" ' the limey ate°+ printed, in whole or in part, and published +al ro the tide bymwmer in the County of Weld, State of Colorado, t speaal lit and m h requested d o attend and has a general circulation therein; that end may be-.heard. Should the applicant or any said newspaper has been published ted Many car<ire the continuously and uninterruptedly in said reperta to®awe certifiedCourt County of Weld for a period of more than g addition in add to--Me fifty-two consecutive weeks prior to the griwpiapecreisora which wilt be kept first publication of the annexed legal notice g the Clerk to . ara• Office can E!e con- or advertisement; that said newspaper has tatted tar a list of certified coutt Marten In the area. It a-court been admitted to the United States mails as ',porter la mtalned the pent b Boards °Mae shall be second-class matter under the provisions of me sadvised of such action et less the Act of March 3, 1879, or any o 1pnorinaa*mora.`maThr0M amendments thereof, and that said Mme° PYa,c°rreques ng the Nqueadn9 newspaper is a weekly newspaper duly tan IT ALSO-KNOWN that the qualified for publishing legal notices and ititan end roses so artitiad b the advertisements within the meaning of the t . Pain bythe laws of the State of Colorado. in cou ey th counto tilne oardof That the annexed legal notice or advertise- Cent o t t cow%dal'en TI'Iro.ed ment was published in the regular and entire issue of every number of said weekly DOCKET ma:. ta,2B" newspaper for the period of .../. consecu- tive insertions; and that the first APPLICANT publication of said notice was in the issue of nd 2 Weld Con said newspaper datedS--/b., A.D. 15S ICeroegR adorado and that the last publication of said notice 80644 DATE, was in the issue of said newspaper dated May 29, 1988 , A.D. 19 TIME: 2:00 P.M. In witness whereof I have hereunto set RREEQUEST; Gee- by. Special th my hand, y's . „.k day of 41-n 555500. me 19`x../. AL DESCRIPTION: P of f 5 p�.p gaRa��,p,,'a'� �', ,r// Coil Colorado .41""Weld ypl. / 4,27 Publisher BOARD� OF COUNTY Subscribed and sworn to before me, a MMIISSIOpUER Notary Public in and for the Co my of coc8RADo Weld fl qto f Colors4n+-this v�� day of HL BY: MARY ANN �A.D. 19(..17.., FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK ' TO THE BOARD :>tft, 291K, BY. Mary Rein, Deputy 4 2. /e- Notary Public. DATED: May 6, 1985 , �e.> /� PUBLISHED: May 18 1985, in �� C (j the Johnstown Breeze My co1,919."02,-4 iYsion expires .;11::.,//��(P, fXN/B/7 a DATE: May 6 , 1985 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 29th day of May, 1985 , at 2:00 P.M. Docket No. 85-26 - USR, Salvage yard, Jess and Irene Bond OFFICE OF THE CL K TO THE BOARD BY: ' _ileDeputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 7 / BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lydia Dunbar that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: WELD CCU jY CFti".""tIgaroS CASE NUMBER: USR-667:85:5 1 �tt APR 181985 NAME: Jess and Irene Bond ADDRESS: 26421 Weld County Road 388, Kersey, CO 80644 Oi'ELLE ". COLO. REQUEST: Use by Special Review Permit for a Salvage Yard. LEGAL DESCRIPTION: Part of the Wz SEA, Section 9, T5N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1-3/4 miles north of Kersey; east of State Highway 37 and north of Weld County Road 388. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan and with the intent of the Agricultural Zone District in that the use does not constitute an interference with agricultural activities. The salvage yard will occur on non-irrigated land; - The use is compatible with existing surrounding land uses and the Operation Standards as presented by staff will ensure compatibility with the future development of the surrounding area; - The Town of Kersey has reviewed this request and has found it to be in compliance with their Comprehensive Plan; LY/19/3/7 /c, " USR-667:85:5 Jess and Irene Bond Page 2 - No overlay districts affect the site; - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The applicant and/or operator shall be required to obtain all. applicable building or electrical permits for USR-667:85:5. 3. Prior to scheduling a hearing before the Board of County Commissioners, the applicant shall submit a revised mylar with a correct legal description and plat title. Motion seconded by Louis Rademacher. Vote: For Passage Against Passage Louis Rademacher Sharon Linhart Doug Graff Jack Holman Lydia Dunbar Bill McMurray Stephen Hamilton Paulette Weaver Bob Ehrlich The Chairman declared the motion denied and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. USE-667:85:5 Jess and Irene Bond 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 March 5, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 6th day of March, 1985 2mt Otto Bobbie Good \ Secretary rjg/ OPERATION STANDARDS Bond Salvage Yard USR-667:85:5 1. The permitted use shall be a salvage yard operation as described in the application materials on file with the Department of Planning Services. 2. The following areas shall be graveled to prevent muddy conditions: the salvage yard behind the residence and all access roads in the Use by Special Review area. 3. Recycling and storage of oil and petroleum products shall be conducted on a concrete slab with a dike enclosure to contain any oil spillage or waste. 4. Location of the salvage yard operation shall be situated behind the existing residence and garage as shown on the mylar plat for USR-667. No parts or machinery shall be stored in the front yard of the residence. 5. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. ADDITIONAL COMMENTS Bond Salvage Yard USR-667:85:5 The referral letter from the Greeley Soil Conservation Service, dated February 21, 1985, indicated that the subject site is situated in the 100 year and 500 year floodplains of the South Platte River as defined in a study by the Army Corps of Engineers. The Flood Insurance Rate Maps, as adopted by Weld County, does not show the subject site in either floodplain. Summary of the Weld County Planning Commission Meeting March 5, 1985 Page 4 MOTION: Sharon Linhart moved Case Number L'SR-663:85: 1 for James and Norma Chittenden for a Use by Special Review Permit for an Agricultural Recreational Facility be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff and the testimony heard from Mr. Chittenden and the surrounding property owners. Motion seconded by Jack Holman. The Chairman called for discussion from the members of the Planning Commission. Discussion followed concerning the possible use of alcohol by the people who rent the facilities, unsanitary food conditions, the safety of the people and animals, and the use of public roads for such slow moving vehicles. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Sharon Linhart - yes; Jack Holman - yes; Louis Rademacher - no; Bill McMurray - yes; Stephen Hamilton - no; Paulette Weaver - yes; Doug Graff - yes; Lydia Dunbar - yes; Bob Ehrlich - no. Motion carried with six voting for the motion and three voting against the motion. CASE NUMBER: USR-667:85:5 APPLICANT: Jess and Irene Bond REQUEST: A Use by Special Review Permit for a Salvage Yard LEGAL DESCRIPTION: Part of the Wk. SET, Section 9. T5N, P64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.75 miles north of Kersey; east of State Highway 37 and north of Weld County Road 388 APPEARANCE: Jess Bond, half owner of the property along with his brother, stated right now he does not run the salvage yard. He does farm and works at this in the winter time to supplement his income. He does buy transmissions and other parts and resells them. They do not bring in autos and junk them out, they just bring in parts. Therefore, it is really more of a recycling operation than a salvage yard. His brother does work on the recycling projects year around. They do keep the individual parts in groups and one of the operation standards recommended by the Department of Planning Services staff does say the parts must be kept out of sight, and they agree. They are asking that this business be put on a four acre site which includes the house and outbuildings. This should also take care of traffic parking on the road right—of—way. Summary of the Weld County Planning Commission Meeting March 5, 1985 Page 5 The Chairman called for discussion from the audience. Norman Peterson, surrounding property owner, stated he has no problem with the Bonds, but he has mixed feelings about this reqeust. The town of Kersey is recommending approval of this request, but they have the South Platte River as a buffer and he lives within five hundred feet. He is concerned about the junk-yard aspect of this request. Personally, they would like to see a lesser type of permit, for instance, a Use by Special Review Permit for a garage. Pat Williams, adjacent property owner, reported he does not have a big problem with this request as long as it does not increase what has gone on in the past and junk vehicles are not stored on the property. He would like to see the repair parts stored out of sight, but he is concerned about what an actual salvage yard usage would do to their property values. Laura Mathas, surrounding property owner, stated they have no problem with the recycling on this site. Their concerns are with the salvage yard status going with the land what may happen in the future. Tape 195 - Side 2 Jay Marr, adjacent property owner on the west, stated 4.7 acres can hold a lot of salvage and he does not want to look out of his windows and see junk vehicles; however, he has no opposition to this request providing it remains as it is now. Linda Heinrich, surrounding property owner, asked if the letter she had submitted had been distributed to the members of the Planning Commission. James Mayerl stated it had and is listed as exhibit #6. The Chairman asked James Mayerl to read the recommendation, conditions, and operation standards as outlined by the Department of Planning Services staff into the record. MOTION: Lydia Dunbar moved Case Number USR-667:85:5 for Jess and Irene Bond 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 operation standards as outlined by the Department of Planning Services staff and the testimony heard by the Planning Commission from the applicant and surrounding property owners. Motion seconded by Louis Rademacher. Summary of the Weld County Planning Commission Meeting March 5, 1985 Page 6 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. Sharon Linhart - no; Jack Holman - No, because he does not feel there is any real problem if he is working out of his own garage and doing business for some of the neighbors in the area, as far as repair work and even if they are bringing in their own motors and tearing them apart, the big concern here is the storage area, all of the things that are out in the yard, and parking in the road right-of-way. In the application we are really expanding this operation and he is concerned with the transferability of the permit and the concerns of the surrounding property owners. It is his feeling this request is not compatible with existing land uses. Even if things are cleaned up and moved behind we are still not solving the problem with the neighbors. We are just making the junk yard bigger. Louis Rademacher - yes; Bill McMurray - no; Stephen Hamilton - No, though the Bonds, as their neighbors say, are basically good people, if this is to be allowed and the use passed on to anyone else this could be another bag of worms. Paulette Weaver - No, she would rather see this request go with the Bonds and not with the land. Doug Graff - yes; Lydia Dunbar - yes; Bob Ehrlich - no. Motion denied with three voting for the motion and six voting against the motion. NOTICE: 3:55 p.m. , the chairman, Bob Ehrlich asked to be excused due to a prior commitment. Sharon Linhart, Vice—Chairman is now chairing the meeting. CASE NUMEER: USE-668:85:6 APPLICANT: Mineral Resources, Inc. REQUEST: A Use by Special Review Permit for Oil and Gas Production Facilities in a R-1 (Low Density Residential) Zone District LEGAL DESCRIPTION: N1 SW1, Section 21, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: South of the Greeley City Limits and east of the Evans City Limits; east of First Avenue APPEARANCE Arlo Richardson, Mineral Resources, Inc. , representing the applicant stated this well has been drilled. They did not realize they were in a residential zone nor did the property owner. Usually they make an application to the State Oil and Gas Commission and since there are no houses in the area, except for an old house, both the property owner and themselves surmised they were not in a residential area. They will be careful to check on the zoning in the future. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number LILSk Cp(p7 ; es:S Submitted or Prepared Prior to Hearing At Hearing 1. Application 9 Pages 2. Application plat(s) 1 page(s) 3. BPS Referral Summary Sheet 4. BPS Recommendation 5. BPS Surrounding Propery Owner Mailing List 6. BPS Mineral Owners Mailing List 7. S DPS Maps Prepared by Planning Technician J/ 8. DPS Notice of Hearing J` 9. DPS Case Summary Sheet 10. DPS Field�// Check 11. ANUC ern, 5 s J 12. ti•Jt o from Werx9L 13. te-E4-ez - ftM% i/ a t4C;n1r^,ica, I4. QeU1SetQ Al"3-r4o. S(SM,HttQ q1u. �,C. 'i e. 15. U 16. 17. 18. 19. 20. I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on le delAti,Q 19 far iCa µa, Current Planner STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS 1% - DAY OF ara 19%S , SEAL (NQ NO'VARY PUBLIC My Commission Expires Feb. 13, 1989 a MY COMMISSION EXPIRES �X/f�8�7 Date: March 5, 1985 CASE NUMBER: USR-667:85:5 NAME: Jess and Irene Bond ADDRESS: 26421 Weld County Road 388, Kersey, CO 80644 REQUEST: Use by Special Review Permit for a Salvage Yard. LEGAL DESCRIPTION: Pt. W1/2 SEA, Section 9, T5N, R64W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1-3/4 miles north of Kersey; east of State Highway 37 and north of Weld County Road 388. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan and with the intent of the Agricultural Zone District in that the use does not constitute an interference with agricultural activities. The salvage yard will occur on non-irrigated land; - The use is compatible with existing surrounding land uses and the Operation Standards as presented by staff will ensure compatibility with the future development of the surrounding area; - The Town of Kersey has reviewed this request and has found it to . be in compliance with their Comprehensive Plan; - No overlay districts affect the site; - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. Jess & Irene Bond USR-667:85:5 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-667:85:5. 3. Prior to scheduling a hearing before the Board of County Commissioners, the applicant shall submit a revised mylar with a correct legal description and plat title. OPERATION STANDARDS Bond Salvage Yard USR-667:85:5 1. The permitted use shall be a salvage yard operation as described in the application materials on file with the Department of Planning Services. 2. The following areas shall be graveled to prevent muddy conditions: the salvage yard behind the residence and all access roads in the Use by Special Review area. 3. Recycling and storage of oil and petroleum products shall be conducted on a concrete slab with a dike enclosure to contain any oil spillage or waste. 4. Location of the salvage yard operation shall be situated behind the existing residence and garage as shown on the mylar plat for USR-667. No parts or machinery shall be stored in the front yard of the residence. 5. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 8. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. ADDITIONAL COMMENTS Bond Salvage Yard USR-667:85:5 The referral letter from the Greeley Soil Conservation Service, dated February 21, 1985, indicated that the subject site is situated in the 100 year and 500 year floodplains of the South Platte River as defined in a study by the Army Corps of Engineers. The Flood Insurance Rate Maps, as adopted by Weld County, does not show the subject site in either floodplain. CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the attached Notice of Hearing� in case # (4� ' for 4t in the Utri ed States Mail postage prepaid First Class Mail, and addressed to the above stated persons, COI rako,0 This 15 ` day of k(y, i .e , 19 ) .Car t MAILING LIST Jess & Irene Bond USR-667 Surrounding Property Owners Joe & Marie Silva 24250 Hwy 263 Greeley, CO 80631 B.K. Mitani and Company 24016 Hwy 263 Greeley, CO 80631 Jay & Charlotte Marr 26451 WCR 388 Kersey, CO 80644 Patrick & Kay Williams P.O. Box 1608 Greeley, CO 80632 Norman C. & Margaret Peterson 26746 WCR 388 Kersey, CO 80644 Monte & Linda Heinrich 26849 WCR 388 Kersey, CO 80644 Clifford Rome Frank Hummel 2005 24th Street Greeley, CO 80631 Verex Assurance Inc. P.O. Box 8836 Denver, CO 80201 Phillip A. Mathis P.O. Box 405 Kersey, CO 80644 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the attached Notice of Hearing in case # Lk kt1 for Nbsb4 -)L.CLifttO rfThersACQ in the UfrYted States Mail postage prepaid First Class Mail, and addressed to the above stated persons, aMae & This V "' day of ckun J .k , 19 ) . t 9aNc MAILING LIST Jess & Irene Bond USR-667 Mineral Owners Estate of Ketherina Bauer 804 7th Street Box 424 Greeley, CO 80632 Elizabeth Rohn 917 4th Avenue Greeley, CO 80631 Virgil W. Potts P.O. 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L .'f... 1 .*₹. py„ •'^ ps V.r'. r r." it • t S 1 4 i. �• � '}rte'-y TT- Y, y'R **Vb .. . '�+"1 r'.: A �I T, b ` tit •4 w iR• i I✓i > ` . !, spa"`' + ... ''Wp • .; y ,F» si • � n �.+ BRA rc s.:: ,.o- '� r s - - n- tr S + ^�" ob. t. ,..„., 4 i^ xx r.—iF vA. 'M'Y yt ` t )fir SAS Y ' i _ J 1 ! .t i4 �yl�lit: x 1 -it ,,„4•4'.It§ • ( r r . 0=PAPT'"1Ei' T _ r= _. -NH'1N; -?F %'C 141 'h E E' w NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, March 5, 1985 at 1:30 p.m. to review a request for approval of a Use by Special Review Permit for a Salvage Yard from Jess & Irene Bond on a parcel of land described as part W1 SEA of Section 9, T5N, R.64W containing 4.785 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 flenartment cf Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631 , before the above date or presented at the public hearing on March 5, 1985 . Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Robert E. -Ehrlich, Chairman Weld County Planning Commission • To be published in the La Salle Leader To be published one (1) time by February 21, 1985 2 Received b 1tei.C.4/ e.- Date: c— � c L V . ' ie'f'. iu k.1 OzPi,PTMENT r:!: N, c. c 7 _ . t V'.,,, t A. C ' 1 O NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, March 5, 1985 at 1:30 p.m. to review a request for approval of a Use by Special Review Permit for a Salvage Yard from Jess & Irene Bond on a parcel of land described as part W SEA of Section 9, T5N, F64W containing 4.785 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 Deportment cf Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631 , before the above date or presented at the public hearing on March 5, 1985 . Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Robert E. 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'...yxp, ZLti \}�D, .-.i YI• Y '\ i , i Yt: . • ... 1i"Ye" f �S�.e r^lr, P5 as,• tL •••••-- . - b r n Y Y - r t �y 3tt V.py'u{':fit,,. . to. 4( x •yr V3 1 y.'k` -`�'� _ --1..jitvare' "1 .. `.. ..1 tt'.r. ., } r0 �r ? ` d' SStrY { {�Y _ • ik r 'sitI,MV. t., -, w; .'yL1""_ ,�, , t . f C x f� i I P,� 4 R A yy��TS"Y `x• t r.-�'�y, 0.- .: ivv, v ''"YJ tgq +4"'i5'f+ , - ' Y.D r *. 4,, a` .t ,. t- 4 _° t y i :v. ,S Fi w /, Tt iI .. r i 101iI , 1.- ."" 1`. 'i i ~ '�'"r : t. "' r ,ytx 4 � .. `a ,yfc's �> -`v. `'� rho$, . `7 t y • i. - •*4...4 r,..:.--4/4"..;00 , y it Yl ��%. ; I. "z 1. ' �LLLLp� ' oc 9 ,'i, rx#'�L t s,2- J, t t-v_ rLi r Y t,. _ '..' t 1 4,'il'.. 4✓1°'.. in f��'�_hn:r.,.+vi V do- 3 ` r Y Jr, re �. '•(A .. r LAND-USE APPLICATION SUMMARY SHEET Date: March 5, 1985 CASE NUMBER: USR-667:85:5 NAME: Jess & Irene Bond ADDRESS: 26421 Weld County Road 388, Kersey, CO 80644 REQUEST: Use by Special Review Permit for a Salvage Yard. LEGAL DESCRIPTION: Pt. 1416 SE4 of Section 9, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles north of Kersey; east of State Highway 37 and north of Weld County Road 388. SIZE OF PARCEL: 4.785 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review are listed in Section 24.3 of the Weld County Zoning Ordinance. This case is a result of Violation #539:84: 141. The Town of Kersey reviewed this proposal at their February 19, 1985 meeting and found no objections with the application. The Weld County Department of Health has voiced concern on the proper storage and recycling of oil. An Operation Standard will address this issue. The Department of Planning Services has not received any objections to this proposal from surrounding property owners. FIELD CHECK FILING NUMBER: USR-667:85:5 DATE OF INSPECTION: February 24, 1985 NAME: Jess & Irene Bond REQUEST: Use by Special Review Permit for a Salvage Yard LEGAL DESCRIPTION: Pt. WV, SEA of Section 9, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles north of Kersey; east of State Highway 37 and north of Weld County Road 388. LAND USE: N Irrigated cropland, Hoover Ditch, pasture, tank battery and heater-treater-separator to northwest E 1 residence, irrigated cropland, tank battery and heater-treater-separator S 2 residences, floodplain pasture, Weld County Road 388 W Irrigated cropland, 4 residences, pasture ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The subject site is 4.785 acres. Access is to Weld County Road 388, a gravel road. Improvements on the property include: a single-family residence, machine shop, 2 out buildings and hog pens. Approximately 15 vehicles are parked or stored on the site as well as a number of farm implements including tractors. The site is covered with engine parts, oil drums, wooden pallets and other metal items in the front and rear yards. The entire site is muddy. By: r frifig-N Michael S. Mullen Current Planner ,. z; ;6 it) FIELD CHECK FILING NUMBER: USR-667:85:5 DATE OF INSPECTION: February 24, 1985 NAME: Jess & Irene Bond REQUEST: Use by Special Review Permit for a Salvage Yard LEGAL DESCRIPTION: Pt. 141% SEti of Section 9, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles north of Kersey; east of State Highway 37 and north of Weld County Road 388. LAND USE: N Irrigated cropland, Hoover Ditch, pasture, tank battery and heater-treater-separator to northwest E 1 residence, irrigated cropland, tank battery and heater-treater-separator S 2 residences, floodplain pasture, Weld County Road 388 W Irrigated cropland, 4 residences, pasture ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The subject site is 4.785 acres. Access is to Weld County Road 388, a gravel road. Improvements on the property include: a single-family residence, machine shop, 2 out buildings and hog pens. Approximately 15 vehicles are parked or stored on the site as well as a number of farm implements including tractors. The site is covered with engine parts, oil drums, wooden pallets and other metal items in the front and rear yards. The entire site is muddy. By: ,/,arl da.. sue• Michael S. Mullen Current Planner LAND-USE APPLICATION SUMMARY SHEET Date: March 5, 1985 CASE NUMBER: USR-667:85:5 NAME: Jess & Irene Bond ADDRESS: 26421 Weld County Road 388, Kersey, CO 80644 REQUEST: Use by Special Review Permit for a Salvage Yard. LEGAL DESCRIPTION: Pt. W1/2 SEA of Section 9, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-3/4 miles north of Kersey; east of State Highway 37 and north of Weld County Road 388. SIZE OF PARCEL: 4.785 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review are listed in Section 24.3 of the Weld County Zoning Ordinance. This case is a result of Violation #539:84: 141. The Town of Kersey reviewed this proposal at their February 19, 1985 meeting and found no objections with the application. The Weld County Department of Health has voiced concern on the proper storage and recycling of oil. An Operation Standard will address this issue. The Department of Planning Services has not received any objections to this proposal from surrounding property owners. United States Soil Department of Conservation 4302 West 9th St . Rd . Agriculture Service Greeley , Colorado 80634 February 21 , 1585 Milton Baumgartner , Pres . West Greeley SCD P.O. Box 86 Greeley , CO 80632 Milt : I have reviewed the Weld Co . Planning Services referral for an application for Jess L . and Irene G. Bond for a Use by Special Review Permit for a salvage yard to be located in part of the W 1 /2 of the SE 1 /4 of Section 9 , T5N, R64W ; Weld Co . , Colorado ; approxi - mately 1 3/4 miles north of Kersey ; east of State Highway 37 and north of Weld County Road 388 . The soil as described in the application is the Map Unit 3 , Aquolls and Aquents gravelly substratum, Soil Survey of Weld Co . , Colorado-Southern Part . This soil is characterized as a deep , poorly drained soil formed in recent alluvium. Commonly , these soils have a mottled , mildly alkaline to moderately alkaline loamy or clayey surface layer and underlying material will be sand or sand and gravel within 48 inches . The water table is at or near the surface early in spring and in some years recedes to as deep as 48 inches late in fall . Contrary to a statement in the application that the area in question is not in a flood plain . This property lies directly in the 100 and 500 year flood plain of the South Platte River as defined by the "Special Flood Hazard Information Report-South Platte River , Volume 1 , Weld County , Colorado" , by Department of the Army , Omaha District , Corps of Engineers , April , 1977 , plate 15 . The flood Plain infor- mation stated that the 500 year flood plain would be at 4587 . 75 ft . elevation (Mean Sea Level ) , the 100 year flood plain at -4585 . 75 ft . elevation (M.S .L . ) , and the 1973 flood plain level at 4586 ft . elevation (M. S.L. ) . I recommend the referral be returned with the above comments attached . • Si - y , • Ronald D . Miller Q r District Conservationist SCS Greeley Field Office } r 2u 198LJ— Weld Co. Planning Commission REFERRAL LIST APPLICANT: Jess L. & Irene G. Bond c, CASE NUMBER: USR-667:85:5 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY 2/22/85 m m O y z H o H w z off 6CO o H w U U H 2 O H 6 2 w N w I-, 2 w w a H O O o o w2 o U O z c 2 z O w w 0 2 M 2 z County Attorney (plat only) ✓ XX Platte Valley Fire Dist. c/o Richard Heyman Weld County Health Department P.O. Box 281 ✓ XX Kersey, CO 80644 Engineering Department sof XX / XX Greeley Soil Conservation County Extension Agent `// Service 4302 9th St. Rd. Office of Emergency Management Greeley, CO 80634 XX Bill McMurray Weld County Planning Comm. P.O. Box 161 / Brighton, CO 80601 / XX Kersey Planning Commission VVV c/o Betsy Holder P.O. Box 67 Kersey, CO 80644 353-1681 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 - J (' mEmoRAnDum To Michael S. Mullen, Planner WIDc Date FebruaryCOLORADO From Tom Wodtke, Environmental Health Specialist Subject: U.S.R. 667:85:5, Salvage Yard This department recommends the construction of a concrete slab with a dike enclosure to contain oil spillage and waste and provide an area for fluid storage. ETri i r 7N: "_ `-. 19 .5 NO to. Weitiii4 tanlmisstir:r 26849 WCR 388 Kersey, Co. 80644 March 3, 198° DEPARTMENT OF PLANNING SERVICES 91 ' 10th St Greeley. Co 80631 Case Number: USR-667:8 : Regarding the Special Review Permit for a Salvage Yard at Pt 144 tion 9, T N, R64W of the 6th P.M. , Weld County, Jess SL. of ren- x�a�„ G. Bond. With due respect to the persons involved, we, by Jess L. & Ie 1 ^? due oppose this permit with the following reasons. Monte & Linda Heinrichn , One, the Bonds already have a salvage yard or resemblence of one in the same section on their property not to far north of the proposed yard they seek. Two, Road 388 is a heavily populated area along the proposed sight of the salvage yard Already this drive is not very attractive due to other unsightly projects in this mile or mile and a half, projects that need clean- ed up. Third, we do have a 60 acre area along this stretch and do feel it will just- ifiably lower the potential value of our property to further continue to let this proposed stretch of road 388 look like a salvage yard, instead of the pleasant river road drive and sight which it could be We feel this will damage the value of all property along this stretch of road and do '. feel if a salvage yard is that badly needed it could be located in the approximate area of the other site with strict regulations as to site and volume. We adjoining land owners do not want a salvage yard directly adjo- ining us unless duo respect is given for distance, etc. As we have seen in other areas , a small salvage yard in ten years becomes a giant junk yard, if not controlled, as permits are continually applied for to increase the site and volume of the salvage yard, as we have witnessed time after time, r� x Fourth, we do have to drive this entire stretch of road past the proposed salvage yard for access to our property and don't feel it is needed on this heavily populated stretch of road. Thank you, Monte 6 Linda Heinrich, iiian 011985 Weld Co. Planning Commission APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street , Creeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number_JJ [ ]l Date Received /• 3d • a ,-- Application Checked by 110V5AN Mylar plat submitted `lt,$ Application Fee25'O,c7ra Receipt Number t3TQ8 Recording Fee C1Q_ Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA itW2 SE4- Section 9 T 5 N, R 64 w LEGAL DESCRIPTION Ep of contiguous property owned upon which Special Review Permit is proposedt*W4 Ez section -- 9 T 5 N, R 64 W Property Address (if available) 26531 W. C.R. 388 Kersey, CO PRESENT ZONE OVERLAY ZONES TOTAL. ACREAGE 4.785 PROPOSED LAND USE Salvage Yard _ EXISTING LAND USE Nothing SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Bond, Jess L. and Irene G. Address: 26421 W. C.R. 88 City Kersey, CO Zip 50644 Home Telephone # 353--19413 Business Telephone # Same Name: Address: — City _ Zip Home Telephone # Business Telephone # Name: Address: City --- Zip Home Telephone # _ Business Telephone # _ APPLICANT OR AUTHORIZED ACF:NT (if different than above): Name: David A. Bond Address: 26531 W.C.H. 388 City Kersey , CO Zi 80644 P Home Telephone # 353-3711 Business Telephone # Sain List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Estate of Katherina Bauer Address: 804 7th Street Box 1424 city Greeley, CO _ Zip 8U63 Name: Elizabeth Rohn Address: 917 4th Avenue city Greeley, CO Zip 80631 Name: Virgil W. Potts Address: P. 0 . Box 452 City Kersey, CO Zip 80644 Bond, Jess L. & Irene G. 26421 W.C.R. 3t38 , Kersey, CO 80644 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 ) N)c"4-`-' 4/4."'-le.e STATE OF - COLORADO ) / fr: Owner of Authorized Agent Subscribed and sworn to to-fore me thi scWday of a /D 11 � 19 g • EAI, i% ZO.72a/s NO RY PURI.lc My Commission Expires April 23, 19 Z;a,5' a „ave,iZI.(.� My commissio-i expires -- _ iCl (/ �O Sob3/ t/ rr ( DETAILED DESCRIPTION OF THE PROPOSED OPERATION AND USE OF PROPOSED SALVAGE YARD INTRODUCTION: I am in the Salvage and Core Business. I buy motors, transmissions, alternators , starters, etc. that can be salvaged. Services offered will include recycling autos, trucks , farm tractors and other farm equipment . DESCRIPTION AND USE: This application is made in order to conform with Weld County Zoning Ordinance Sec . 31 .2. The types of existing uses on surrounding properties are : To the west : Small hog farm and horse pasture . To the north: Hay pasture and gravel hill. To the northeast : Horse pasture and new Heinrich gravel pit . To the east : Horse pasture . To the south: Alkali pasture . There are eight residential structures within z mile of the proposed site . The maximum number of buyers or sellers is estimated at approximately 20 per week. No hired help is contemplated excepting for my brother. I have a soft water tap from the North Weld Water District . The access route to be utilized for the proposed use is Weld County Road 388. Vehicular traffic associated with the proposed use : All materials hauled in and out with a z ton Pickup and a 1 ton Truck and Trailer. The proposed salvage yard is not in the flood plain area. Fire protection is furnished by the Kersey Volunteer Fire Department and Rescue Squad of which I am a member. The size of the stockpile will be minimal and stored to the rear of the property. The location of the proposed salvage yard is 1Z miles north of Kersey and 3z miles south of Gill which are both located in Weld County. The services described above will be of great benefit to the people of the community. Compatibility with surrounding land uses: Listed above are the existing land uses of surrounding properties. This proposed salvage yard would be compatible with gravel pits, pastures, and small acreages in the area. 211; ERONA SD O DIRECTORS wejQ� NORTH WELD COUNTY WATER DISTRICT T TIGGES ALEX HEIDENREICH 'er 11Vr ROBERT ALKIRE E HIGHWAY 85 LUCERNE,COLORADO 80646 GARY SIMPSON W.M.McKAY I = . LYLE NELSON,MGR. P.O.BOX 56 - PHONE 356-3020 January 29, 1985 RE: Water Service Jess Bond Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property : W 1/2 SE 1/4 Sec . 9-5-64 Meter # 707 1 . X Water service is presently being provided to the above described property. 2 . Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void . Additional comments: Sincerely, NORTH WELD NTY T R ISTRICT 9 Ly D. 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' ^* -,,..7,,,,--„If-,,,L.,..!, Yom" r d I- '- k s & _ , :if e4 "t..:r. 69 a •42 },y . c!„...- .._ '��GG,, a¢i'f�t . z'"*Tw G `S'i'r . . �' �Otp'ie ' -, ."t L y� x 70 L y,,- ,. V�3 . ' t Y< t- .y -a "',ha'Sw+. .ii 4.2;4 76ia'H„t i,;,“ 'yam a ,L, t�. •F-r ��SSTT/6744'A.. 's # yam, :'^ S -' ',n',- m.aa'm *r'(ssn �w5 . ' . a� y 21 t w '4 .6 '°' F'ri• fi9 *e,A��F+' ,'t"t3 `;X70 3 r .,ibi# a'" fit..: . 'y SC S 8 SOIL SURVEY filter the leachate. Sewage lagoons require sealing. 60 percent of the unit. Aquents, which have a lighter Lawns, shrubs, and trees grow well. Capability subclass colored surface layer, make up about 35 percent. About 5 Its irrigated. percent is Aquepts and Bankard sandy loam. 2—Altvan loam, 1. to 3 percent slopes. This is a deep, These are deep, poorly drained soils that formed in well drained soil on terraces at elevations of 4,500 to 4,900 recent alluvium. No one pedon is typical. Commonly the feet. It formed in old alluvium deposited by the major soils have a mottled, mildly alkaline to moderately al- rivers. Included in mapping are small areas of soils that kaline loamy or clayey surface layer and underlying show evidence of poor drainage. Also included are small, material and are underlain by sand or sand and gravel long and narrow areas of sand and gravel deposits. within 48 inches. In places they have a gleyed layer in the Typically the surface layer of this Altvan soil is grayish underlying material. brown loam about 10 inches thick. The subsoil is brown Most of the acreage is subject to flooding. The water and light yellowish brown clay loam and sandy clay loam table is at or near the surface early in spring and recedes about 14 inches thick. The substratum is calcareous loamy to as deep as 48 inches late in fall in some years. sand about 5 inches thick over gravelly sand. These soils are used for rangeland and wildlife habitat. Permeability and available water capacity are Some small areas have been reclaimed by major drainage moderate. The effective rooting depth is 20 to 40 inches. and leveling and are used for irrigated crops. Surface runoff is medium, and the erosion hazard is low. The potential native vegetation is dominated by alkali This soil is used almost entirely for irrigated crops. It sacaton, switchgrass, and western wheatgrass. Saltgrass, is suited to all crops commonly grown in the area, includ- sedge, rush, and alkali bluegrass are also prominent. ing corn, sugar beets, beans, alfalfa, small grain, potatoes, Potential production ranges from 3,000 pounds per acre in and onions. An example of a suitable cropping system is 3 favorable years to 2,000 pounds in unfavorable years. As to 4 years of alfalfa followed by corn, corn for silage, range condition deteriorates, the switchgrass, alkali sugar beets, small grain, or beans. Land leveling, ditch sacaton, and western wheatgrass decrease and saltgrass, lining, and installing pipelines may be needed for proper sedge, and rush increase. water application. Management of vegetation should be based on taking All methods of irrigation are suitable, but furrow ir- half and leaving half of the total annual production. Seed- rigation is the most common. Barnyard manure and com- ing is difficult and costly because numerous tillage prac- mercial fertilizer are needed for top yields. tices are required to eliminate the saltgrass sod. Windbreaks and environmental plantins of trees and cesSwitchgrass, western wheatgrass, alkali sacaton, tall shrubs commonly grown in the area are generally well wheatgrass, and tall fescue are suitable for seeding. They suited to this soil. Cultivation to control competing can be seeded into a clean, firm seedbed. Seedbed vegetation should be continued for as many years as preparation usually requires more than 1 year to possible following planting. Trees that are best suited and eliminate the saltgrass sod. A grass drill should be used. have good survival are Rocky Mountain juniper, eastern Seeding early in spring has proven most successfuL redcedar, ponderosa pine, Siberian elm, Russian olive, and Wetland wildlife, especially waterfowl, utilize this unit. hackberry. The shrubs best suited are skunkbush sumac, The wetland plants provide nesting and protective cover, lilac,, Siberian peashrub, and American plum. as well as some food. The nearby irrigated cropland, This soil can produce habitat elements that are highly where wildlife obtain much of their food and find protec- tail, n• for mourning n dove.wildlife including cops pheasant,at, cotton- tive cover, makes this unit valuable to both wetland and and Such crops as wheat, corn, and openland alfalfa provide suitable habitat for openland wildlife, pentOp nd wildlife.land wildlife, especially pheasant, use this unit for undisturbed• sb pheasant.esi Tree l shrub plantings and cover and nesting. Deer fmd excellent cover in some nesting cover would enhance openland wil- areas. dlife populations. These valuable wildlife areas should be protected from This Altvan soil has fair to good potential for urban and recreational development. The chief limiting soil fea- fire and fenced to prevent encroachment and overuse by livestock. They should not be drained. tures fore n development sit are thewnd shrink-swell prapn-id These soils have good potential as a source of sand and al the fsubsoil it wets and and l sus and thme rapid Capability subclass VIw; Salt Meadow range site. permeability of the sand and gravel substratum. Septic gravel. p y tank absorption fields function properly, but in places the 4—Aquolls and Aquepts, flooded. This nearly level substratum does not contain enough fines to properly map unit is in depressions in smooth plains and along the filter the leachate. Sewage lagoons require sealing. bottoms of natural drainageways throughout the survey Lawns, shrubs, and trees grow well. Capability subclass area. Aquolls, which have a dark colored surface layer, IIe irrigated. make up about 55 percent of the unit. Aquepts, which 3—Aquolls and Aquents, gravelly substratum. This have a lighter colored surface layer, make up about 25 nearly level map unit is on bottom lands and flood plains percent. About 20 percent is soils that are well drained of all the major streams in the survey area. Aquolls, and soils that have sandstone or shale within 48 inches of which have a dark colored surface layer, make up about the surface. AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. _ C� / Subject Property 1*. (,� '/.zS '/.y , S9 ) TS A) ) R 6,1 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 d e. ek\lcczts_ 4r,:erne "Al e The foregoing instrument was subscribed and sworn to before me this ; )/' day of r , 19 SJr. WITNESS y hand and official seal. My Commission expires: My Commission Expires April 23, 1987 ;ta /2, 710- 777ezth tary Public log'-6 CO Fe&3/ NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Silva, Joe C. & Marie N. 24250 Hwy 263 0963-9-0-00-010 Greeley, CO 80631 Mitani , B. K. & Co. 24016 Hwy 263 0963-9-0-00-011 Greeley, CO 80631 Bond , Jess L. & Irene G. 26421 WCR 388 • U963-9-u-uu-uzu Kersey, CO 80644 0963-9-0-00-063 Marr, Jay L. & 26451 WCR 388 0963-9-0-00-019 Charlotte F. Kersey, CO 80644 Williams, Patrick Lee & P.O . Box 1608 0963-9-0-00-021 Kay Louise Greeley, CO 80631 Peterson, Norman C. & 26746 WCR 388 Margaret J. Kersey, CO 80644 0963-9-0-00-054 Heinrich, Monte J. & --- 26849 WCR 388 0963-9-0-00-056 Linda R. Kersey, CO 80644 Rome, Clifford J. , 2005 24th Street 0963-9-0-00-057 Hummel , & Frank Greeley, CO 80631 Verex Assurance Inc. P. O. Box 8836 0963-9-0-00-058 Denver, CO 80201 Mathis , Philip A. P. G. Box 4cs5 - 0963-9-0-00-064 Kersey, CO 80644 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. 4/1 Subject Property R. (.3�VzSE ��/ 3 s I TS AI, R W 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. r The foregoing instrument was subscribed and sworn to before me this ,29,,j day of d� , 198:51 WITNESS my hand and official seal. My Commission expires: IMMy Commission Expires -46123, 1987 1/271/2-41/11)/11, Pubblic/ >aeezzy ec Fo 3/ -- _ t> t/35 .. 1.1! 73720 Reception No... J Recorder. to Recorded at.,./...:',2----- o'clock..V......M., Ar.d.. .5.-.1977 00 I - t RECORDER'S STAMP THIS DEED, Made this 22nd day of March 19 77,between Cr.. ARTHUR J. WOLFE and DOLORES V. WOLFE, •—+ Husband and Wife E State Documentary Fee 1 and State of Dale APR 2 5 1977 lti of the County of ':field t"1 Colorado,of the first part, and $ g? ' -5.0 P ` 1 JESS L. BOND and IRENE G. BOND f 26421 Weld County Rd. 388 o Kersey, Colorado80644ell. and State of Colorado, of the second part: .44 of the County of e WITNESSETH, that the said part ies of the first part, for and in consideration of the sum of other e 9 good and valuable consideration and TEN AND NO/lOOths DOLLARS, O r to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is � hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do O grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not O in tenancy in common but in joint tenancy, all the following described lot or parcel of land,situate, lying and (r.. being in the County of Weld and State of Colorado,to wit: u- A tract of land in the W*E+ of Section 9, Township 5 North, Range 64 West of the FE em 6th P.11., more particularly described as follows : Beginning at a point on the N Et North—South centerline of said Section 9, 2,652.87 feet South of the North 1/4 tw corner of said Section 9; thence East 329.96 feet; thence South 539.62 feet; Thence S 63°14'35" E, a distance of 371.83 feet; thence N 00°20'37" E, a distance D.;...--1-.- of 1.242.10 feet; thence N 89 58'07" E, a distance of 320.55 feet, thence -i 8 N 00002'36" E, a distance of 1,016.8° feet more or less, to a point on the South right-of-way line of the Ogilvy Irrigation and Land Company right-of-way thence along raid South right of way line, :I 71°23'06" W 337.10 feet; thence N 65°40' 00" W 140.00 feet; thence 11 68°25'00" W, a distance of 583.00 feet to a point on the aforesaid North-South centerline of Section 9, thence along said North- South centerline, South 2,001.87 feet to the Point of Beginning. TOGETHER with all and singular the hereditanlents and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part ies of the first part,for them sel yes , their heirs, executors, and administrators do covenant,grant,bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres- ents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law,in fee simple,and have good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever, except for the 1977 taxes which are due and payable in January, 1978; and subject to all easements, restrictions and reservations of record, if any. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part ies of the first part j� ha aa}a ye hereunto set their hand S and seal s the day and year first above written. t-1+�f!4GLGe-t.! Signed,Sealed and Delivered in the Presence of 2214. [SEAL] lrtt/hur J. J fe, sbbaanndd ' �D/ 4--e- r ��'_ [SEAL] Dolores V. Wolfe, 5 e SCII/r [SEAL] 1.. 'S ATE OiCOLORADO Gla‘,Oa : \UJTA 8�,,,tGy of .../ELD In. ro"ab- 1 day of March t �c strument was acknowledged before me this 22nd 14. � vv��',1cRTHUR J. WOLFE and DOLORES V. WOLFE, Husband and Wife �/•'••'..,.• `e , 19 . Witness my hand a�fficial se I. TLAOtt ...i.1 expires Sept. 20 79 Notary Public. No.921. WARRANTY PEED To Joint Tenants. Ilrndfrrj Publishing Co..1521-46 Stout Street,Denver.Colorado ,673-5011 I —1.76 ( REFERRAL LIST APPLICANT: Jess L. & Irene G. Bond ,i CASE NUMBER: USR-667:85:5 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY 2/22/85 m z Cl) z off m o o H w z H Cl)qC O F w U U 2 O F' < co W H p. U U R O in r'7.1 m '22 W w c`2 O o O w H 0 w W a. 0 0 O O GV z ccn a z 0 a''i a z County Attorney (plat only) ✓ XX Platte Valley Fire Dist. c/o Richard Heyman Weld County Health Department P.O. Box 281 ✓ XX Kersey, CO 80644 Engineering Department ✓ XX / XX Greeley Soil Conservation County Extension Agent J Service 4302 9th St. Rd. Greeley, CO 80634 Office of Emergency Management XX Bill McMurray Weld County Planning Comm. P.O. Box 161 / Brighton, CO 80601 V/ XX Kersey Planning Commission c/o Betsy Holder P.O. Box 67 Kersey, CO 80644 353-1681 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 -1 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 United States Soil Department of Conservation 4302 West 9th St . Rd . Agriculture Service Greeley , Colorado 80634 February 21 , 1985 Milton Baumgartner , Pres . West Greeley SCD P.O. Box 86 Greeley , CO 80632 Milt : I have reviewed the Weld Co . Planning Services referral for an application for Jess L. and Irene G. Bond for a Use by Special Review Permit for a salvage yard to be located In part of the W lit of the SE 1 /4 of Section 9 , T5N , R64W; Weld Co . , Colorado ; approxi - mately 1 3/4 miles north of Kersey ; east of State Highway 37 and north of Weld County Road 388 . The soil as described in the application is the Map Unit 3 , Aquolls and Aquents gravelly substratum, Soil Survey of Weld Co . , Colorado-Southern Part . This soil is characterized as a deep , poorly drained soil formed in recent alluvium. Commonly , these soils have a mottled , mildly alkaline to moderately alkaline loamy or clayey surface layer and underlying material will be sand or sand and gravel within 48 inches . The water table is at or near the surface early in spring and in some years recedes to as deep as 48 inches late in fall . Contrary to a statement in the application that the area in question is not in a flood plain . This property lies directly in the 100 and 500 year flood plain of the South Platte River as defined by the "Special Flood Hazard Information Report-South Platte River , Volume 1 , Weld County , Colorado" , by Department of the Army , Omaha District , Corps of Engineers , April , 1977 , plate 15 . The flood plain infor- mation stated that the 500 year flood plain would be at 4587 . 75 ft . elevation (Mean Sea Level ) , the 100 year flood plain at 4585 . 75 ft . elevation (M.S .L . ) , and the 1973 flood plain level at 4586 ft . elevation (M.S .L . ) . I recommend the referral be returned with the above comments attached . Si a Y , Ronald D. Miller D� r,l� � 1rr � District Conservationist C� `') ` SCS Greeley Field Office 198 5 r t) 2 v Li Weld Co. Planning Commission Hello