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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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871296.tiff
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J1t+��•. cp / 4 g ,,, j tl A cs • O xioaa•ss/a9Av4.4 $-112,90 - .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE SPECIAL REVIEW PERMIT FOR A RECREATIONAL GUEST FARM FOR RAISING AND HUNTING GAME BIRDS - WESTERN WILDLIFE ADVENTURES 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 14th day of October, 1987 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Western Wildlife Adventures, 31209 Weld County Road 17 , Windsor, Colorado 80550 , for a Special Review permit for a recreational guest farm for raising and hunting game birds on the following described real estate, to-wit: NW* of Section 29 , and the NEi of Section 30 , all in Township 6 North, Range 67 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 Special Review permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the 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 uses which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing zoning. b. The concerns of the Town of Windsor have been adequately addressed in the proposed Development Standards . C"): 7 f' 871296 Page 2 RE: USR - WESTERN WILDLIFE ADVENTURES c. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Special Review permit for a recreational guest farm for raising and hunting game birds on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions : 1 . The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of October, A.D. , 1987 . t/ � BOARD OF COUNTY COMMISSIONERS ATTEST: �` WELD COUNT", COLORADO Weld County erk and Recorder and Clerk to the Board Got Lacy, Chairman $Y° "lam ( .//H.Z( R42 9Kii:bY '•, Pro-T m eputy County Clerk APPROVED - TO FORM: Gene R. rantner Ja que e Jo il County Attorney ^8 f�a Frank amaguchi 871296 DEVELOPMENT STANDARDS Western Wildlife Adventures USR-807 :87 :33 1 . The Special Review permit is for a recreational guest farm for raising and hunting game birds in the A (Agricultural) Zone District as submitted in the application materials on file in the _Department of Planning Services and subject to the Development Standards stated herein. 2 . The Special Review permit shall not be transferable to any successors in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for the operation of the facility. 3 . Hunting shall be conducted during the daylight hours only. This restriction _shall not apply to operation of administrative or executive offices , or repair of the facilities located within the proposed site. 4 . Five or more hunters using the property at any one time shall be _supervised by the management of the facility. 5 . Signs shall be posted and maintained to clearly identify the boundaries of the hunting preserve to both the hunters and the surrounding inhabitants. Signs shall be posted at no less than 100 foot intervals . -6 . The Special Review site shall not be used as an outdoor shooting range for skeet, trap, pistol, or rifles. 7 . The Special Review permit shall be issued for 5 years or until April 30th following the issuance of a residential building permit in a recorded subdivision or Planned Unit Development within 300 yards of the Special Review area, whichever occurs first. Any additional time shall be considered a new request and shall require approval of a new application in accordance with the Weld County Zoning Ordinance. 8 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 871296 Page 2 DEVELOPMENT STANDARDS - WESTERN WILDLIFE ADVENTURES 10 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 11 . 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 therein and all applicable Weld County Regulations . 12 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable ldeld 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. 13 . 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 . 8712-96 HEARINGt£RTIFICATION DOCKET NO. 87-60 RE: SPECIAL REVIEW PERMIT FOR A :RECREATIONAL GUEST -FARM TOR RAISING AND HUNTING GAME BIRDS - WESTERN WILDLIFE ADVENTURES A public hearing was conducted -on October 14, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, -Pro-Tam Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Zee D. Morrison Planning Department representative, Brian Bingle C-ertified Shorthand Reporter, Mabel Broyles The following business was transacted: I hereby certify that pursuant to a notice dated September 9, 1987, and duly published October 1, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Western Wildlife Adventures for a Special Review permit for a recreational guest farm for raising and hunting game birds. Zee Morrison, Assistant County Attorney, made this matter of record. Brian Bingle, Planning Department representative, recommended that the Planning Commission's recommendation for approval -of this request be made a part of the record of this hearing. Responding to a question from -Commissioner Johnson, Mr. Bingle said the Planning staff had recommended denial of this request and reviewed the changes to Development Standard #7 which the Planning Commission recommended. Chris Elder, a partner in Western Wildlife Adventures, came forward to explain this request. He asked that the one-half mile referred to in Development Standard #7 be changed to 300 yards. He and his partner, Tim Brough, answered questions of the Board concerning the operation. They submitted the following: _Exhibit G, a letter favoring the application signed by a number of residents of the area; Exhibit H, a map of Windsor and the surrounding area; Exhibit I, a letter favoring the application from Jim Craig; -and Exhibit J, a copy of a letter which was sent by the applicants to each Commissioner. Mr. Bingle stated that a representative of the Division of Wildlife had expressed support of this application. (Tape Change #87-103) Public testimony was offered by: Mel Ylarraz, who spoke in favor; Wayne Miller, mayor of Windsor, who spoke in opposition to using this location for hunting; Richard -Lessner, who submitted Exhibit K, a map of Windsor showing the location of parka in the area; Lloyd St. Croix, who spoke in opposition to this request; and Bob Frank, chairman of the Windsor Planning Commission -which recommended denial. Mr. Brough and Mr. Elder made further comments and answered questions of the Board. Commissioner Johnson moved to approve the request of Western Wildlife Adventures for a Special Review permit, subject to the two Conditions and eleven Development Standards as recommended by the Planning Commission, with the possibility of amending Development Standard #7. -She reviewed the standards to be considered for approval of a Special Review permit. Commissioner Brantner seconded the motion and stated that the requested change to Development Standard #7 would he appropriate. Commissioner Kirby moved to amend Development Standard #7 to refer to a distance of 300 yards. Commissioner Brantner seconded this motion. The motion to amend Development Standard #7 tarried unanimously. After discussion regarding the motion to approve the Special Review permit, the motion carried unanimously. A 1. '/ n , Page 2 HEARING CERTIFICATION - WESTERN WILDLIFE ADVENTURES This Certiricaiion was -approved on the 19th -day of October, 1987. APPROVED: ATTEST: " BOARD _OF COUN Y COMMISSIONERS WELD COU RAD Weld County erk and Recorder and Clerk to the hoar Gor o acy, an 9„e x�J P10-4,(-74c-2;_-- asty County El •k CSM/f W Kirby, Pro-1 IGene R, nt er .__a. _\ .._ \• �� •..ice Jac'ueli J9hn:on / rank !maguchi TAPE #87-102 & #87-103 DOCKET #87-60 PL0400 871294 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: OCTOBER 14, 1987 DOCKET # 87-41 USR-AUTO SALVAGE, ERIE ROAD JOIN VENTURE (CONT FROM 7/1/87) DOCKET # 87-60 USR-RECREATIONAL GUEST FARM, WESTERN WILDLIFE ADVENTURES DOCKET # 87-12 TRANSFER CERTIFICATE OF DESIGNATION-CIRCLE "M" PARTNERSHIP/McMILL, INC. 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Elder 686-2621 Tim Brough 686-5210 " AI MI4V4 Des This letter is written to provide you with various information which may e of interest to you concerning our application for a Use By Special Rev . Permit which will be on the agenda of the October 14, Weld County Comr ssion Meeting. OUR _'ERATION Sa`e - Record %estern Wildlife Adventures has been operating a Shooting Preserve for plz; Camebirds, at the location in question, since September, 1985. During this eriod we have not, to our knowledge, created a serious threat or dan- gere .- situation for any of our clients, guests, or surrounding landowners. Our eration and our industry is considered by most to be a very safe and non-: `reatening one. Shotguns are the only weapons allowed for the hunting of o : gamebirds. The ranges at which shotguns are lethal or dangerous are much Tess than lethal ranges for handguns or rifles either one. Most people will agree that the killing range of shotguns is less than 100 yards while that r,f rifles may exceed 880 yards (1/2 mile) . History Western Wildlife Adventures is the primary support for the two principals in this operation, it is a young but growing and profitable business. Chris 3. Elder, and Tim Brough have made a great commitment in both time and money , to provide a safe, recreational hunting experience. Chris and I met at Colorado State University while obtaining our Bachelor of Science Degrees in Wildlife Biology. At the time we met, Chris already had several years of experience at one of Colorado's oldest and most reputable Shooting Preserves. During the following 3 years Chris and I both worked at this EXHIBIT J a io/i 87 hunting club and in other areas directly related to the management of hunting areas. in the fall of 1985 arrangements were made for us to purchase a very young and struggling shooting preserve, named Western Wildlife Adventures. THE USE BY SPECIAL REVIEW PROCESS History Approximately nine months ago we were informed by the Weld County Planning Staff that we were in violation of our zoning ordinance. We spoke with the Planning Staff and the County Attorney concerning the validity of our violation, and the resulting need for this permit. We then decided to apply for the permit rather than pursue our argument that we are no different than the numerous Upland and Waterfowl Hunting Clubs which are not required to obtain a USR permit. The Town of Windsor and the Weld County Planning Staff both recommended denial of our permit. This recommendation was based on their opinion that we are a "potential threat to the safety of existing and future residents of the Town". Current Status The Planning Commission has approved our application based on certain developement standards. Our education and experience qualify us to address technical and management issues, however we lack knowledge of this permit process. We did not truly understand this process until the Planning Commission hearing was over. This inexperience and ignorance of the process led to our acceptance of at least one development standard which we will be seeking to delete or change at the Oct. 14 hearing. THE ISSUE OF CONCERN The Town of Windsor has a legitimate concern for the public's safety. It is also our goal to provide for the safety and welfare of our clients, guests, and neighbors. However, we feel that the Town's belief that a shotgun can be a threat to people who are one—half mile away is unfounded. We realize that Windsor is going to grow and that some day it may need to develope the land surrounding us. It is not our intent to stop or prohibit this proposed growth. In the future when _growth does occur, it will then be mutually beneficial for us to move our operation. Therefore, it is the 871296 interim period which Is of concern. We only ask that we be allowed to operate, as we have in the past, until we are a legitimate danger. Our final concern is that on Oct . 14, we will be confronted with many emotional issues which will be represented by individuals who may not understand the very limited dangers which are associated with our operation. We therfore would ask that you consider our application bas_ed on the facts, and not emotion. Attached to this letter are some facts about shotguns, and some definitions of words which we commonly use. Thanking You In Advance For Your flooperation. Sicerely, 11. IA Tim Brou S Chris D. Elder 871296 DEFINITIONS: Shooting Preserve - A defined area of land that is managed for the rearing, propagation, release, and/or hunting of various wildlife Gamebird - A bird which may be hunted or is fit to be hunted Upland Gamebird - A gamebird which lives a _considerable distance from the sea Waterfowl - Birds that swim or frequent water for -purposes other than obtaining drinking water, and which are sought as game Shotgun - A smoothbore shoulder weapon for firing shot at short ranges Rifle - A shoulder weapon with a rifled bore for firing a single projectile at longer ranges . SHOT GUN FACTS: • Shotguns fire from their muzzle numerous spherical lead or steel projectiles (called pellets or shot) . Killing power of -a projectile is related to its velocity (measured in feet/second) and the size of the shot (the diameter measured is inches). The greater the velocity and the larger the shot size, the greater the killing power or potential to injure. Larger shot will retain itsAvelocity better than smaller sizes and will have a greater striking energy. The most common shot sizes for upland gamebirds range from #8's to 46's, their diameters are .090 inches and .110 inches respectively. A BB which is shot -from a common BB gun measures .180 inches, it is 39% larger than a #6 shot. Average velocity at the muzzle of a shotgun (termed muzzle velocity) is about 1 ,200 feet/second. This velocity will drop to about 720 feet/sec. at 40 yards (a 40% loss) .-2 The muzzle velocity of a BB from a pump-type BB gun is 750 feet/second, and from an original daisy BB gun is about 330 feet/second. An average load of #8 shot will travel about 850 feet and a load of #6 shot will travel about 1,000 feet.3 • 1Encyclopedia of Firearms, Harold L. Peterson `The Anatomy of Firearms, L.R. Wallack Colo. Div. of Wildlife Memo, Original information from Sproting Arms and Ammunition Manufactures institute Inc. 671296 SOFTEK C0NIM0NI c4TIDN5,iii[. Oct. 13, 1987 TO: The Weld County Commissioners RE: Western Wildlife boundry I have watched in total amazement the town of Windsor, my home for five years, and the county of Weld, in which I have resided Tor the -past 70 years, totally turn their backs on a vital economic resource and an integral part of local history. And sadly enough, all over a boundry bisected by a flood plain and the distance shotgun pellets travel. My private residence is just beyond the half-mile restriction in question. Having hunted -for nearly three decades, I would not feel in danger if 7 lived within 200 yards of a shooting preserve. Simply put, vertically fired pellets of the shot size in question will -tot navel that far. Of course, this confidence is compounded by the caliber of Tim and Chris, the two young men who own and operate Western Wildlife. I can not say those same things aboutother shooting areas operated during migratory _waterfowl season. First, the shot is heavier and travels -ouch further. Secondly, the amount of booze consumed in many so-called pits is directly related to thetemperature. Western Wildlife tolerates no such abuse. Yet, such places are not being called on to prove accountability. I believe this is a classic -case for compromise. My old and dear friends Marj and Ed Kadlub are positioned by their property to make a worthwhile development for Windsor. Also, my more recent friends Tim and Chris are in the same position. A simple -restriction of use along the flood plain and a 300 yard restriction area would solve the problem. The real winner will be the town of Windsor and county of Weld. �im i ai ARCHITECTURAL 4 ENGINEERING SYSTEMS a SOFTWARE IN HEALTHCARE r fix* B IT 760 Whalers Way, St. Bldg. A BOTTOMLINE TECHNOLOGY Ft. Collins, CO 80525 � 303.229.0029 io%ti �� 871296 � ' .. .r, '••.'.4-' �4'. -' = ° E X T H , :--------2-----=.----7 �1 {II 00 . . 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' : : :':'::.::.. .0000° °°00°00°Oo,°OoOc°c°• O°o J :{{I,:S•' , +I/mlA6lo) a• • i; '::>i:i:;::Si:Y:<::5:?; '..<:::: + °°n°n°n°°°n ° s 000000:0g°%°o S°%• aF 1 l .N . ° p ° p p p c . o ° ° p p p p p O p O e ° o• o°°°°°ooeopoao•o°o°00000:000. •f',,y{' . d►G 0 0 0 0 0 0 ° 0 0 0 1 :V:F p p p p p p °°O G G o •r•0 0° { 0 0°0 0 o poo 000°0°000°p0p�o0po00oo �0° t:: : > :: i[?-c...: .::-. . .•`: :::::. 0°°°0 0 0 o a o 0 0 0 °° l0000.0 .a. ` �000o000°000;00000 oo8o0'°j 000000000. c o 0 0 0 o 0 0 0 0 0°0 ° [ . cc:It o' o 0 0.. o c o e a °o' 0 0 0 ° 0 0 • 0 0 0 0 0... � 0 0 0 0 0 0 0 0 0 ... o 0 0 0 o e e ': ... .: „ o 000°p° ° 000' 000 00 y e - `b °00g...° °e° °e°E e O°O °°c f - o o e o' . .'0°00000 ` \ o 00 8000.0 0'0°0 000 1 0'• e•, •.0oos0 ggggg r�� • 000 ° po 1 ° �.0 ° s °ooc 1 II/ J • ! ,--ft-) r TO WHOM IT MAY CONCERN: We the undersigned -are people that own, lease or otherwise frequently use, land near or adjoining Western Wildlife Adventures. We would like to state that Tim Brough and Chris Elder operate their Hunting Club in a re- sponsible and reputable manner. The Members of Western Wildlife -Adventures are courteous in their relations with us. These members of Western Wildlife Adventures respect our property that adjoins their Club. We feel that West- ern Wildlife Adventures are good neighbors and fit well in this community. ��)) /"' F/�� �/^ Cr Char, a.� ��� ,� k, nn ✓f ll�vcnr 9 A A„j1,d_ GN ?! _'GJ (F�- 62 At‘._ • j EXHIBIT a� 871296 `; J NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Review permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporter-s 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 Commissi-on may to 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. 87--60 Western Wildlife Adventures 31209 Weld County Road 17 Windsor, Colorado 80550 DATE: October 14, 1987 TIME: 2:00 P.M. REQUEST: Special Review permit - Recreational guest farm _for raising and hunting game birds LEGAL DESCRIPTION: NW} of Section 29, and the NE} -of Section 30, all in Township 6 North, Range 67 West of the tth P.M. , Weld County, Colorado LOCATION: Adjacent to the City _of Windsor; west of Weld County Road 17 and northwest of Weld County Road t4 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN -FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: September 9, 1987 PUBLISHED: October 1, 1987, in the Johnstown; Breeze x�r ii„ ,C 871296 NOTICI AFFIDAVIT OF PUBLICATION Pursuant to the zoning lbws of the State of Colorado and the Weld County Zoning rice, a public hearing w be�, Id In THE JOHNSTOWN BREEZE the Chambers of the of STATE OF COLORADO 1 County Commissioners Weld County, Colorado, Weld nty 1 SS • UStreet, Center, 91{9�s110tth COUNTY OF WELD 1 CotlororadaFat th Floor,i s�gmieed. I, Clyde Brig gs,ggs, do solemnly swear that I All Deed Inns the$Deoi a any Snivel.inlerestad In am publisher of The Johnstown Breeze; N Review - permit are requested to attend that the same is a weekly newspaper • and may os heard. printed, in whole or in part, and published • Should the applicant or any Interested -party deals.,the in the County of Weld, State of Colorado, ' make ro record of tnerepenepnceetd°, and has a general circulation therein; that Inge, in addition to the taped said newspaper has been published record which wilbe keptrtturtng continuously and uninterruptedly in said the headnp, the Clerk to the Boards Office can be contacted County of Weld for a period of more than ' for a I t of certified court fifty-two consecutive weeks prior to the reporters In the area If}�court y- reporter is obtained the-CClerk to first publication of the annexed legal notice theadvised Boards ng Office be n or advertisement; that said newspaper has mivertnrrg of forsuc to the e been admitted to the United States at t five days ens gi counvna tee cost le by second-class matter under the provisions of the requesting party. the Act of March 3, 1879, or any 3E IT ALSO KNOWN that the • amendments thereof, and that said . ext and maps so certified by the er news a is a weekly newspaper duly Wild County Planning Commis- P P don may be examined.in Me qualified for publishing legal notices and mice of the Clerk to the9datd of Jounty Commissioners, *bated advertisements within the meaning of the n the weld County Centennial laws of the State of Colorado. enter 915 10th Street,.Third Floor, Greeley, Colorado: That theannexed legal notice or advertise- DOCKET NO. 8740 ment was published In the regular and APPLICANT Western Wildlife Adventures entire issue of every number of said weekly 31209 Weld County Road 17 newspaper for the period of ..J... consecu- Windeor, Colorado 80650 live insertions; and that the first DATE: October 14, 1987 r publication of-said notice was in the issuesof. TIME: 2.00 P.M. said newspaper dated. /P:1... A.D. 165-.7, and that the last publication of said notice REQUEST: Special Review permit — Recreational guest was in the issue of said newspaper dated farm for .raising end hunting A.D. 19 game,birds LEGAL DESCRIPTION: NWy. of • In witness whereof I have het',eunto set Section 29, and the NEV. of my hand this ....5 _day of ...-.:7 r X' Section 30, all in Township 6 A.D. 19%5 North,Range 67 West of the 8th ^.M., Weld County, Colorado .00ATION: Adjacent to the City /,�� fad 17-;west of Weld County � l7.'. load 17-and northwest of Weld C Publisher :ounty Road 64 BOARD OF COUNTY COMMISSIONERS COLORADO Subscribed and sworn to before me, a BY: MARY ANN Notary Public in and for the_County of FEUERSTEIN , 4BPJd, State ofIolorado, this .., day of • RECORDER NTY AND-CLRK ERK . C A.D. l9'rr'..1"' TO-THE BOARD BY: Mary Reiff,-Deputy itaZ•. 27a DATED: September a T997 Notary Public PUBLISHED:October 1,1987,in the Johnstown Breeze My commission expires tar rh • • 18si'tte'mr r:cl•I?u^, ?us ,, vV • AFFIDAVIT OF PUBLICATION STATE OF COLORADO COUN Y OF WELD /' Mss. E BE IT ALSO by NOW Weld and aps I, Clisr-0 1 + ') I in rki 5 Pursuant to the zoning laws of the State v: sCommissioncefcertified be examined County un the office ofof said aCge my of Planning Weld, being duly sworn, say that I am office manager of —Colorado and the Weld County Zoning the Clerk to the Board of County Ordinance, a public hearing Will be held in Commissioners, located in the Weld County THE WINDSOR BEACON, INC. the Chambers of the Board of County Centennial Center, 915 10th Street, Third Commissioners of Weld County Colorado, Floor,Greeley,Colorado. Weld Street, unt County Floor,Greeley,lenter 915at the a weekly newspaper having in general circulation in said time specified. All persons in any manner, DOCKET PO{87-6o County and State, published the town of WINDSOR, in interested in the Special Review permit are Western APPLICANT said _ 209Y,k1CoesyRoad17 County ru State;oy and that the notice, of which the requested to attend and may be heard. , 3120?W„W Coamq goad}7 annexed is a true copy, has been Should the applicant or any interested party Windsor,Colorado 80550 desire the presence of a court reporter to DATE: October 14,1987 published in said weekly for / successive make a record of the proceedings,in addition _ to the taped record w which be ch will kept during pME:2:0Yp-m, weeks, that the notice was published in the regular and the hearing, the Clerk to the b ed'a Office entire issue of every number of the paper during the period can be contacted for a list of certified court REQUEST: Special Review' permit and time of publication, and in the newspaper proper and reporters in the area. If a court reporter is Recreational guest farm for raising. and obtained,the Clerk to the Board's Office shall hunting game birds. not in a supplement, and that the first publication of said - notice was in said paper bearing the date of the be advised in writing of such action at least five days prior to the hearing. The cost of LEGAL DESCRIPTION:NW%of Section 29, Oat- � engaging a court reporter shall be borne-by and the NE% of the Section 30, all in O--1- the requesting party. Tbwnshi 6 North,Range 67-West of the 6th day of uuCC-- lTA P.M.,Weld County,Colorado. - _ and the last publication bearing the date of the 19 g7 LOCATION:Adjacent to the City of Wittier, de west of Weld County Road 17 and nortYbest y of ,A.D., 19_ of Weld County Road 64. i and that the said WINDSOR BEACON has bee rind shed BOARD OF COUNTYCOMMIS5lQN�B s continuously and uninterruptedly for to period of h52 e WELD ZOl1NTY,COLtRALO consecutive weeks, in said County and State, prior to the BY:MARY ANN FEUE ' N date of first publication of said notice, and the same is a COUNTY CLERK AND RECO newspaper within the meaning of an Act to regulate printing AND CLERK TO THE D of legal notices and advertisements, approved May 18, BY:Mary Reiff,Deputy 1931, and all prior is so far as in 271/in, force. DATED:September 9, 1987 /�' 02 /� `J� 271/i vies 198u Published in the Whiter Beat.'Oct 1, OFFICE MANAGER 7. Subscribed and s4or to befgre me this `<-' day of k\. ,CDC 2 -"YV\ 19 Cm N0) f' It: My commission expires � \ j 871296 • ,nDso {yfz= o of `Winanjor^ y up t �''tj, 301 WALNUT • WINDSOR, COLORADO 80550 TELEPHONE: (303) 686-7476 ms s September 29, 19 c pry y"Liew',2�u' `' y l Weld County Commissioners OCT" 1 P.O. Box 758 _ 1 1987 `: Greeley, CO 80632 +2y r I y Jul Weld County Commissioners: At the regular meeting of the Windsor Town Board held on Monday, September 28, 1987, the Mayor and Board of Trustees unanimously approved Resolution No. 1987 - 34 opposing the use by special review application of Western Wildlife Adventures for reasons as stated in the enclosed Resolution. Please consider this resolution at the Public Hearing on Wednesday, October 14, 1987. Respectfully submitted, TOWN OF WINDSOR P. Jeanne Brunner, CMC Town Clerk enc. pjb) *MB/7 F 8 71296 4 TOWN OF WINDSOR RESOLUTION NO. 1987- 34 BEING A RESOLUTION OPPOSING THE USE BY SPECIAL REVIEW APPLICATION OF WESTERN WILDLIFE ADVENTURES TO THE WELD COUNTY BOARD OF COMMISSIONERS . WHEREAS , Western Wildlife Adventures has made application for use by special review to the Weld County Board of Commissioners for a shooting preserve adjacent to the boundaries of the Town of Windsor ; and WHEREAS, the Weld County Department of Planning Services has referred the aforesaid application for use by special review to the Town of Windsor for appropriate investigation, examination , and recommendation ; and WHEREAS , on or about August 18, 1987, the Windsor Planning Commission met and , after hearing evidence and argument , unanimously recommended against the pending application for use by special review; and WHEREAS , the recommendation of the Windsor Planning Commission has been transmitted to the Board of Trustees of the Town of Windsor for further action; and WHEREAS, the Board of Trustees -has further considered the evidence and arguments presented to the Windsor Planning Commission on August 18 , 1987 , and now desires to support the decision of the Planning Commission and , by the recitals contained herein, t-o advise the Board of Commissioners of Weld County, Colorado , of the Town ' s opposition to the proposed use ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS : 1 . That the Town of Windsor objects to the use by special review application of Western Wildlife Adventures and urges the Board of Commissioners of Weld County, Colorado , to deny the application . 2 . That the stafT of the Town of Windsor , the Planning Commission of the Town of Windsor , and the members of the Board of Trustees have i-nves t iga ted and examined the proposed use by special review and state the following in support of their objection thereto : a . The proposed use calls for th-e establishment of a shooting preserve adjacent to the boundaries of the Town of Windsor . 871296 b. The shooting preserve would be located within one-half mile of Poudre Park , a developed municipal park located within the boundaries of the Town of Windsor . Poudre Park was developed in part from funds granted to the Town by Weld County for the development of recreational areas . The existence of a shooting preserve in close proximity to the park would reduce the recreational opportunities now afforded by the park and could endanger the users of the park when shooting activities are taking place on the proposed preserve . c . The Town ' s Master Plan calls for the development of another municipal park located in the Riverbend Subdivision , which when developed would also be in close proximity to the shooting preserve , presenting future safety and recreational problems similar to those which would immediately exist at Poudre Park . d . The property encompassed by the proposed use borders properties which may in the near future be annexed to the Town of Windsor . The Code of the Town of Windsor prohibits the discharge of firearm within the boundaries of the Town , thereby presenting potential law enforcement problems as well as safety concerns should the proposed annexations result in residential development as expected . e . The proposed use calls for shooting to be conducted near the Poudre River . The Town of Windsor has consistently supported the proposals of Weld County, Larimer County, the City of Fort Collins , and the City of Greeley for a bike path connecting the City of Fort Collins and the City of Greeley. The existence of a shooting preserve at or in close proximity to a bike path would not be compatible with the use of such a path . f. The Town of Windsor is aware of future development of a highway bypass in the immediate area of the proposed use , as well as proposals for the development of open space and greenbelts in this area . The operation of a shooting preserve would not be compatible with any of these uses . 3 . That , for the reasons set forth above, the Board of Trustees of the Town of Windsor objects to and recommends against the appl ication for use by special Teview of Western Wildlife Adventures and encourages the members of the Board of Trustees and interested citizens of the Town of Windsor to appear before the Board of Commissioners of Weld County, -2- 871296 Colorado , on October 14, 1987 , at 2 : 00 p.m. , concerning this proposed use . Upon motion duly made , seconded , and carried , the foregoing resolution was adopted this 28th day of September , 1987. TOWN OF WINDSOR, COLORADO By 4 /1/2,11A /7)///4 Mayor ATTEST: Town Clerk -s- 871296 DATE: September 9 , 1987 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 14th day of October, 1987 , at 2 : 00 P.M. Docket No. 87-60 - Special Review permit for a recreational guest farm for raising and hunting game birds - Western Wildlife Adventures OFFICE OF THE LE E TO THE BOARD BY: �OGr � Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTS LORADO 7 ao✓ E xrnBii 2 871296 C v \t. c1)" SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 1 , 1987 A regular meeting of the Weld County Planning Commission was held on September 1, 1987, in the County Commissioners' Hearing Room, First Floor (#101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Ann Garrison at 1:35 p.m. Tape 294 - Side 2 ROLL CALL • -Ernie Ross Bud Halldorson Present Louis Rademacher Present Jerry Burnett Present Paulette Weaver Present LeAnn Reid Present Ivan Gosnell Present Lynn Brown Present Ann Garrison Absent Present Also present: Brian Bingle, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Planning Commission held on August 18, 1987, was approved as distributed. CASE NUMBER: USR-807:87:33 APPLICANT: Western Wildlife Adventures REQUEST: A Special Review permit for a Recreational Guest Farm for Hunting in the A (Agricultural) zone district LEGAL DESCRIPTION: NW} of Section 29 and the NE} of Section 30 both in T6N, R67W of the 6th P.M., Weld County, Colorado LOCATION: Adjacent to the City of Windsor; west of Weld County Road 17 and northwest of Weld County Road 64 APPEARANCE: Chris Elder and Tim Brough, property owners and applicants. They stated they have been operating this recreational facility since 1985, and this request is the result of attempting to rectify a violation they were issued for operating without a Special Review permit. They also discussed the referral from the Town of Windsor, which is for denial. NOTICE: 1:50 p.m. Lynn Brown is now present, but is not actively participating in this request. f871296 e 8'71296 Summary of the Weld County Planning Commission Meeting September 1 , 1987 Page 2 The Chairman aske-d the -applicant if they -had reviewed the recommendation of the -Department of Planning Services' staff which is for denial . They stated they had reviewed the recommendation. Tape 295 - Side 1 The Chairman c-ailed for discussion from the -members of the audience. There was none. The Chairman asked the applicants if -they objected to the recommendations being filed with the summary rather than read into the s-ecord. She applicants had so objections. MOTION: Paulette Weaver moved Case Number USR 807:87:33 for Western Wildlife Adventure-s for a Special Review permit for a Recreational Guest Farm for Hunting in the Agricultural Zone district be recommended favorably to the Board of County Commissioners with the stipulation that it be for a one year time period or one year's hunting season which would and April 30, 1988, for the applicants to find a -new site. Motion seconded by LeAnn Reid. 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. Ernie Ross - yes; Bud -Halldorson — no; Jerry Burnett - no; Ivan Gnsnell - no; LeAnn Reid - yes; Louis Rademacher - no; Paulette Weaver - yes; Ann Garrison - yes. Motion -was a tie vote with four voting for the motion and four voting against the motion. a tie vote constitutes a failed motion. Brian Bingle distributed conditions and Development Standards that would be forwarded to the _Board of County Commissioners -with the Planning Commission's recommendation if its -recommendation is for approval . AMENDMENT: Bud llalldorson _moved Development Standards 1/7 be amended to read as follows: 7. She Special Review permit shall be issued for 5 years or until April 30th following the issuance of a residential building permit in a recorded subdivision or Planned Unit Development within one-half mile of the Use by Special Review whichever occurs first . Any additional time -shall be considered a new request and shall require approval of a new -application in accordanc-e with the Weld County Zoning Ordinance. Motion seconded by Lee -Ann Reid. 8712s6 Summary of the Weld County Planning Commission Meeting September 1 , 1987 _'age 3 ':he 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. Ernie Ross - yes; Bud Halldorson - yes; Jerry Burnett - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Ann Garrison - yes. Motion carried unanimously. MOTION: LeAnn Reid moved Case Number USR-807:87:33 for Western Wildlife Adventures -for a Special Review permit for a Recreational Guest Farm for hunting in the -Agricultural zone district be forwarded to the Board of County Commissioners -with the Planning Commission's recommendation for approval based upon the xestimony of the applicant, the conditions as outlined by the Department of Planning Services' staff, and the Development Standards as presented by the staff and amended by the Planning Commission. Motion seconded by Louis Rademacher. 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. Ernie Ross - yes; Bud Halldorson - yes; Jerry Burnett - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - No, because this is to close to existing residential development. Ann Garrison - yes. Motion carried with seven voting for the motion and one voting atainst the motion. CASE NUMBER: USR-808:87:34 APPLICANT: Rocky Mountain Ski Club REQUEST: A Special Review permit for a Recreational Facility in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the SW} of Section 15 and Part of the SE} of Section 16, both in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the east edge of the City of Greeley; north of U.S. Highway 34 APPEARANCE: _Richard Kobel, partner, explained this project and the reasons they are applying for a Special Review permit. This lake is an old gravel pit project of which they had no interest. They are reclaiming this lake as a private recreation area for water skiing events. 871296 WEt4 MATT towno NER5 D `? -SEP 41987 {1 y ,,r. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMIdUtR; ; « o RESOLUTION OF RECOMMENDATION TO THE BOARD OF COMITY _COMMISSIONERS Moved by LeAnn Reid that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved -by the Weld County Planning Commission that the application for: CASE NUMBER: US-R-807:87: 3 NAME: Western Wildlife Adventures ADDRESS: 31209 Weld County -Road 17, Windsor, CO 80550 REQUEST: A Special Use Permit for a recreational guest farm for 'raising and hunting _game birds. LEGAL DESCRIPTION: NWi of Section 29, and the NE} of Section 30, all in T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the City of Windsor, west of Weld County Road 17, and northwest of Weld County Road 64 . be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval -with th-e conditions as recommended by the Department of -Planning Service's staff and the Development Standards as presented by the staff and amended by the Planning Commission. Motion secondedby Louis Rademacher. VOTE: For Passage Against Passage Ernie -Ross Paulette Weaver Bud Palldorson Jerry Burnett Ivan Cosnell LeAnn Reid Louis Rademacher Ann Garrison The Chairman declared the resolution passed and ordered that a certifiad copy be forwarded with the file of this Ease to the Board of County Commissioners for further proceeding-s. ,CCxet4a,r 871296 USR-807:87:33 Western Wildlife Adventures Page 2 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 September 1 , 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 2nd day of September, 1987. Bobbie Good Secretary 871296 CONDITIONS FOR APPROVAL Western Wildlife Adventures USR-807:87:33 1 . The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the 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. 8712% BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-807:87:33 NAME: Western Wildlife Adventures ADDRESS: 31209 Weld County Road 17, Windsor, CO 80550 REQUEST: A Special Use Permit for a recreational guest farm for raising and hunting game birds. LEGAL DESCRIPTION: NW} of Section 29, and the NE} of Section 30, all in T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the City of Windsor, west of Weld County Road 17, and northwest of Weld County Road 64. be recommended favorably to the Board of County Commissioners with the stipulation that it be for a one year time period or one year's hunting season which would end April 30, 1988, for the applicants to find a new site. Motion seconded by LeAnn Reid. VOTE: For Passage Against Passage Ernie Ross Bud Halldorson LeAnn Reid Jerry Burnett Paulette Weaver Ivan Gosnell Ann Garrison Louis Rademacher The Chairman declared the resolution a tie vote which constitutes a recommendation for denial and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on September 1, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 2nd of September of 1987. C3roa Bobbie Good Secretary 871296 11296 �/�EXHIIBBBITT INVENTORY N ENNTORY]CCONTROL SHEET Case ��/e- r PJ .1/1 2 A Exhibit Submitted By Exhibit -Description ,-6//7/4 der cia e oz.-4 ,e-ed72 z %' I $ B. p ./ iAn/fl r.. WS4249-144Ze—Pti. 91,alroxres a.Z>r. c. V:471-,0/49 or" Co71 ux ..LQ/uu�r� 94 E. WjAteldteM /y E. +.rr» "/' if H. 261/6,_ /1„, 141 )14 'b'/i4 I. Aati J. A+2 ) Cam. Vim A /d 112,-,7/7 ✓ v' K. L. M. N. 0. 871296 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number de44 ems:BR',c, Submitted or Prepared Prior to Hearing At Hearing 1. Application Pages ✓ 2. / Application plat(s) page(s) 3. DPS Referral Summary Sheet ✓ 4. PPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List • 7. DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing ✓ 9. DPS Case Summary Sheet 10. DPS Field Check 11. Zs,a cw M4 wso q 12. 13. 14. 15. 16. 17. 18. 19. 20. 2 hereby certify that the // items identified herein were submitted to the Department of Planning Services at or prier to the scheduled Planning Commission hearing. I further ertify that these items were forwarded to the Clerk to the Board's office o tP a •. STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORNTO BEFORE ME THIS •} ' DAY OF S.a \ty,,,N1,_9 , 19%-T , SEAL Po\s_l.r-\R o o • NO ARY PUBLIC My Commission Expires Feb. 13, 1989 Y 0���9JV V M COMMTSSTppT EXPIRFS 474,49l3/7 Date: September 1, 1987 CASE NUMBER: USR-807:87:33 NAME: Western Wildlife Adventures ADDRESS: 31209 Weld County Road 17, Windsor, CO 80550 REQUEST: A Special Use Permit for a recreational guest farm for raising and hunting game birds. LEGAL DESCRIPTION: NW} of Section 29, and the NE} of Section 30, all in T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the City of Windsor, west of Weld County Road 17, and -northwest of Weld County Road 64 . THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE -DENIED FOR THE FOLLOWING REASONS: 1 . It is the opinion of the Department of Planning Services' Staff that the applicant has not shown compliance with Section 24 .3 of the Weld County Zoning Ordinance as follows: - The proposal is not consistent with the Weld County Comprehensive Plan. The proposed site for a Special Review Permit for a recreational guest farm for hunting is located within the Urban Growth Boundary Area of the Town of Windsor and is not in compliance with Urban Growth Boundary Goal 112 and Urban Growth Policy /12.C of the Weld County Comprehensive Plan. Urban Growth Boundary Goal 1/2 states, in part, that the County should maintain land-use regulations in the Urban Growth Boundary Areas that allow the County and the municipalities to coordinate plans, policies, and standards relating to land use. Urban Growth Boundary Policy 112. C. states, in part, that a municipality's adopted comprehensive plan goals and policies or the recommendation of the land-use decision making body will be considered when reviewing development proposals within an urban growth boundary area. The Town of Windsor's Planning Commission recommended denial of this request in a letter dated August 25, 1987. The Windsor Planning Commission expressed concerns about the potential threat to the safety of the inhabitants while using: a. an existing public park (Poudre Park) with a newly constructed bridge which extends across the Whitney Ditch connecting the park to the Poudre River area; 871296 USR-807:87:33 Western Wildlife Adventures Page 2 b. River Trails, a recently approved single family subdivision of 54 lots, located west of the park; and c. An annexed portion containing (500) acres for the future development of single family residences. The Special Review uses which would be permitted will not be compatible with the future development of the surrounding area as permitted by the existing zone and with future - development as projected by the Comprehensive Plan of the County or the adopted master plans of the Town of Windsor. The Windsor Land—Use map, sheet 1 of 4, shows that future surrounding land uses are intended to be single family residential. In addition, the following incompatible uses exist within approximately one-half mile of the proposed Special Review: a. Skyview Elementary School; b. three proposed single family subdivision developments; c . two town parks (one developed and one planned) . It is the opinion of the Department of Planning Services' staff that this type of activity should be located outside of an urban growth boundary area. The proposed Use by Special Review is for a recreational guest farm for the raising and hunting of game birds. Western Adventures is supported by members who pay for the right to hunt within the specified boundaries of the guest farm. The members call for hunting appointments and the type of hunting desired: quail, chukars, or pheasant. Management then confirms the reservation and releases the desired game in the northern part of the proposed site prior to the hunters arriving. Under normal use, the applicant has indicated a maximum number of hunters to be 5; however, other special events on the property could cause this number to increase. The applicant also pointed out that 5 hunters would shoot approximately 35 rounds of ammunition during a 4 hour period. All hunting activities would be conducted in the furthermost northeast section of the proposed site because this is the only section that has grass tall enough for the birds to hide. It is also closest in proximity to the Town of Windsor's incorporated boundaries causing concern over the noise and potential safety of the surrounding inhabitants. The proposal is not compatible because of the type of proposed used, the location of the proposed Special Review area, and the plans proposed for future residential development by representatives of the Town of Windsor. 871296 • �„Dsor a 0eV12 'W lna6or 301 WALNUT • WINDSOR, COLORADO 80550 TELEPHONE: (303) 686-7476 August 25 , 1987 Mr. Brian Bingle Department of Planning Services Weld County, Colorado 915 Tenth Street Greeley, Colorado 80631 RE : Western Wildlife Adventures Use by Special Review USR - 807 :87 :33 Dear Brian: The Windsor Planning Commission considered the above mention- ed use by special review application at their August 18 , 1987 meeting . The Town of Windsor has an existing public park ( Poudre Park) with a newly constructed bridge , financed by Weld County Lottery funds , crossing the Whitney Ditch connecting the park to the Poudre River area . River Trails , a recently approved single family subdivision of 54 lots is located west of the park . A future public park is proposed to the north west . To the south , the Town has annexed approximately five-hundred acres zoned single family for future development. Both parks and the undeveloped residential parcels are located within one-half mile of the hunt- ing operation. Due to the potential threat to the safety of existing and future residents of the Town, the Planning Commission made a unanimous decision to recommend denial of the proposed use by special review. Please let me know the outcome of this request so that I may inform the Planning Commission. If you are in need of any further information, please let me know. Thank you . Sincerely, TOWN OF WINDSOR /2 0Y--) Janet E. `tat"hrop Assistant to the Administrator jel 871296 LAND-USE APPLICATION SUMMARY SHEET Date: August 25, 1987 CASE NUMBER: USR-807:87:33 NAME: Western Wildlife Adventures ADDRESS: 31209 Weld County Road 17, Windsor, CO 80550 REQUEST: Special Review permit for a recreational guest farm for hunting. LEGAL DESCRIPTION: Part of Sections 30 and 29, both in T6N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the City of Windsor, west of Weld County Road 17, and northwest of Weld County Road 64. SIZE OF PARCEL: 212 Acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the following referral entities: - Weld County Health Department - City of Windsor -Copies of these referral responses are included in this summary packet. The Department of Planning Services' staff has not received objectionable responses from the following referral entities: - Larimer County Planning Department - City of Greeley - Surrounding Property Owners - Mineral Rights Owners The Department of Planning Services has not received a referral from the following referral entity: - Colorado State Division of Wildlife 871296 • A .,, c. I • C2]. z F�♦ F �i x x i % r. 4. tt ......—•:—.,,.! -- _ •� 't.` �, Iii r-A.v 2.,L...‘4:11: ' t� F. 7C. . • ! v sL '.x.45 _ �L " It •e '�.., 72. . . r e� •, •fl . ., ,z •„o , r_kac!.._, • • . _� ca: ,r:x • °.o a °. I Ki \--._ OIF 37 ° • Anne/one•pp ' ' k[( ,\,y1� 68 T6N. yu,zz t'a, PE > , M• : _ laT�: ` wn �'M i4 �° •t m-crux. • •n ` 9 •°°.uu • N,ll• e 'o °I ss.VV�� • .�t M � . o 7 z z. - D,non a. . c as • • .... '� /a y � `` L. zm i ' •apt • • • i .. 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Tcl '1� ,i!! k ' I '�'s {wryYw tl •.i Y ar• F k t.}Y`. t.1. i - uA �l 4+J ; �p .;pM t' • �� , ,\�� +� F t y H t ryi�j v '` r'X'Nta v A 6 if,* 3ri., Pkc r'xt 1 ", 1' Y1 �'I d1n., It ii�' R 4; ,7',. ",4";f), h 7,'' t i ` e m Y T" ,F`.' Hkn it tr f z ,0 5t . " f `t-`,,,t +l/., {t f_!!$�' ,, C1 t r.)Y yrx *Y. C x , 4 x }T,i "'4F is • • + �i`II FT.' t Yl ly1 e7 ( � r lk Y.zt �. , � p ¢ ,} k xw . � ` . r1 .4. " { i eHn t. �. ,ii x Pk`• ;-J lU X 3.1 ,` �" -x y 'k =4$;* rt'IV " � is r t '�_ �'^ :_i f £ if- vxssi t. x 4 g.1 * ♦ t } r x a j. +t�al . ;eM i L +/4p,•yy ( , Yt 4' j,��L: .,,'•F, 'v.:, 14 • k N,'i P•}}.A '+ pN,s'` .it..t :j t i.'1 OX#"```' dY„Ks', , f` + Y! . km+ i s sJ i;�, ♦♦ 11. {qj� 4 : }4 I's ni 7 q f w •r A • +k ^tix6`„ 'a c F t, ♦ L*`j�, F• • 's a, ,A i] ry T �,1 R T n. .„, a .. -n1• KW •GT C Y F `�� / 35 -*err it*� p 435",;"' N 4. {' iC'. 4'Yts' ' :A 6 9F p,� g5 � $ _ n a F,zi t,• FIELD CHECK FILING NUMBER: USR-807:87:33 DATE OF INSPECTION: August 13, 1987 NAME: Western Wildlife Adventures REQUEST: Use by Special Review for a Recreational Guest Farm for Hunting. LEGAL DESCRIPTION: Part of Section 30 and 29, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the City of Windsor, west of Weld County Road 17, and northwest of Weld County Road 64. LAND USE: N Farmland, alfalfa, corn crops, and open pit mining. E Corn crops and straw. S Grass land W Grass land ZONING: N Agricultural, USR-571 E Agricultural, Town of Windsor, Incorporated boundaries zoned for single family residential. S Agricultural W Agricultural : COMMENTS: Access is off of Weld County Road 64 onto a private drive which services the proposed site. Structures existing on the site are one mobile home, and two bird pens which are holding approximately 1,500 pheasants, 350 quail, and 350 chukars. The land is made up of various elevations of rolling hills which can be both gentle rolls to sharp inclines. All of the property is of dry grass land and in the northeast section the Cache La Poudre Floodplain area. Bria xIigle Curre /�nner l(/ - £`71296 REFERRAL LIST APPLICANT: Western Wildlife Adventures CASE NUMBER: USR-807:87:33 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: August 30, 1987 NO SR NR NO SR NR County Attorney ,// X Weld County Health Dept. Engineering Department County Extension Agent Office of Emergency Mngmt ✓ X City of Windsor -c/o Janet Lathrop 301 Walnut Street Windsor, CO 80550 X Ernest Ross Planning Commission Member 35900 Weld County Road 23 Windsor, CO 80550 X Colorado State Division of Wildlife Nou Ea 9/ — z� .. 317 West Prospect -^�=^� — 4la4 - ZS3 - Fort Collins, CO 80526 X Larimer County Planning Department - --Pm- o a/'9/s7 11`37A. - Y.O. Box 1190 Ru-t . • • Fort Collins, CO 80522 X City of Greeley CM-tr-s,os 919 7th Street Greeley, CO 80631 NO=No Objection SR=Specific Recommendations NR=No Response 871296 .LPTIA-LThaw fiDtilito 1 �e, To Weld County Planning Date August 4, 1987 W COLORADO Health Protection Services � �µ (-i� � From L a —/ Case Number: USR-807:87:33 Name: Western Wildlife Subject: AdveucuLes Health Protection Service-s has reviewed this proposal and recommends for approval, subject to the following conditions: 1. The existing septic system is required to be reviewed by a Colorado Registered Professional Engineer, and a copy of that review submitted to this Division before the required I.S.D.S. Evaluation can be _performed. 2. An individual sewage disposal system, or a vault, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations; portable toilets are not acceptable. AP/bks /1"4- 1987 Weld L"u. Plarmiaq_COUN OR B21296 DEPAR , JT OF PLANNING SERVICES • 1 (\ PHONE(303)356-4000 EX?. 4400 Y f•c• 1 virg 0\�-1I61*— �li r 1 COLORADO 8 E31 _ e I S� ��/ I GREELEY, 80631 ILAUG 201387 I i stela 10. Plump, i;iti osso COLORADO CASE NUMBER USR-807:87:33 July 24, 1987 TO WHOM IT MAY CONCERN: Enclosed As an application from Western Wildlife Advenutres c/n Tim Burough and Chris Elder for a Use by Special Review for a recreational facility, guest farm, and hunting lodge. The parcel of land As described as NE} of Section 30, T6N, R67W and NWt of Section 29, T6N, R67W of the -6th P.M. , Weld County, Colorado. The location -of the parcel of land for which this application has been submitted is adjacent to the City of Windsor, west and -east of Weld County Road 15, and south of Weld County Road 68. 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. Please reply by August 10, 1987, so that we may give full consideration to your recommendation. 'Please Tall Brian J. Single if you have any questions about this referral. Thank you for your help and cooperation in this matter. _Cheek the appropriate boxes below and return to our address listed above. 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 A0 not have a Comprehensive Plan, tut we feel this request (is/is not) compatible with the interests of our Sown for the following reasons: We have reviewed the proposal and find no conflicts with our interests.De4ce 17/3-1-L 2ycd 672r'a.ed A (e:e w-c- c4--ri %z ,ten c ds 4. A formal recommendation Cis ✓under consideration d will be submitted to you prior to: 5. Please ref r to the enclosed letter. Sig/ 5 t / 714..dr Agency:c✓cQ�.// Y� _ L-N�7 2 �% 871296 SURROUNDING PROPERTY OWNERS USR-807:87:33 WESTERN WILDLIFE -ADVENTURES Gene A. and Frances A. Simpson P.O. Box 2416 Windsor, CO 80550 Leone B., St. Croix, and Lloyd Thayer 415 South Howes, #1201 Fort Collins, CO 80521 Edwin D. and Marjorie A. Kadlub P.O. Box 250 Windsor, c0 80350 Billy D. and _Patricia J. Shun-s 8217 Weld County Road 5 Fort Collins, CO 80325 Melvin Cummins 31013 Weld County Road 17 Windsor, CO 50550 Martin, Theodore, and Steve Lind 6863 Weld County Road 60 Windsor, CO 80350 Henery and Betty Dett-erer P.O. -Box 1703 Windsor, CO 80550 Frank Velma 32852 Weld County Road 13 Windsor, 10 80550 871296 SURROUNDING MINERAL OWNERS USR-807:87:33 WESTERN WILDLIFE ADVENTURES Kenneth, R. Derald, and Donald Whiting 1700 Broadway Suite 2300 Denver, CO 810203 8 ?12S6 AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BR E EZE STATE OF COLORADO l NOTICE OF PUBLIC NEARING ) SS The Weld County Planning i COUNTY OF WELD ) Commission will conduct apublic . y hearing on September 1, 1987, ClydeBriggs, do solemnly swear that I at 1:30 p.m. to review a request 1, Bri S am publisher of The Johnstown Breeze; • for approval of-a Use by Special guest Review uev,wffor a rrm, eccreatiiotnal facility, that the same is a weekly newspaper from Western_Wildlife Adventure printed, in whole or in part, and published c/o Tim Burdugh andChrisElder.. l.- in the County of Weld, State of Colorado, The parcel of i 30, T6 N,,land describedt as Nay. of Section and has a general circulation therein; that R67W and NWy of Section 29, said newspaper has been published T6N, R87W of the 6th P.M.Weld er r lI p County,Colorado,containing 212 , continuously and uninterruptedly in said acres,more or less.The property ICounty of Weld for a period of more than is located adjacent to the_Ciy of Windsor, westand east of Weld fifty-two consecutive weeks prior to the County Road 15, and south of Weld County Road 68. first publication of the annexed legal notice The public hearing to be held by or advertisement; that said newspaper has the Weld County Planning Com- { been admitted to the United States mails as mission for the consideration of the above referenced request will $ second-class matter under the provisions of be conducted in the Weld County the Act of March 3, 1879, or any Commissioners' Hearing Room, , FirstFloor,Weld Countytenten• amendments thereof, and that said nial Center, 915 Greeley, C Coll o Colorado Comments o r newspaper is a weekly newspaper duly 915 Tenth stre objections related to the above qualified for publishing legal notices and request should be submitted in g Departm to ent of he Weld �I9-Servic a advertisements within the meaning of the 915 Tenth Street Room 342, laws of the State of Colorado. Greeley,9olorado 80631, before That the annexed legal-notice or advertise- the above date or presented at the-public hearing on September - ment was published in the regular and 1, 1987 entire issue of every number of said weekly Copies of the application are t� newspaper for the period of / consecu- available for public inspection in the Department of Planning live insertions; and that the first services, Room 342, Weld publication of-said notice was in the issue of County Centennial Center, 915 Tenth Street,Greeley.Colorado,- said newspaper dated 71_,W A.D. Ia.?Phone - 356-4000, Extension 4400. and that the last publication of said notice Jack Holman, Chairman Weld County Planning # was in the issue of-said newspaper-dated A.D. 19 Commission 1 • In witness whereof I have hereunto set ' To be published in the Johns- r my hand this ...3./ day of .7 , town Breeze A.D. 19..g? To be published one(1) time by August 10, 1987 yiti-/Publisher / Subscribed and sworn to before me, a Notary Public in and for the County of Weld yyyyyy���State of Colorado this .3.1.... day of .cam 7..... A.D. 19.8../.. , Notary Public. • My coiinissibri expires:,:u:a.i?..1,, . Joi,ns;;r:n, i,C) L3.;8a 871296 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number _ ......._ TO BE COMPLETED BY APPLICANT: (please -print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: NE 30 LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NW I Section 29 T 6 N, -t 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: SAME Section T N, R W Property Address (if available) 31209 Weld County Road 17 Windsor, CO PRESENT ZONE Agriculture OVERLAY ZONES TOTAL ACREAGE 212 PROPOSED LAND USE Shooting Preserve, Upland Gamebird Raising, Farming EXISTING LAND USE Farming, Upland Gamebird Raising SURFACE FEE (PROPERTY -OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL -REVIEW PERMIT: — — — Name: Kenneth R. Whiting a interest-) Address: 1700 Broadway Suite 2300 City Denver Zip 80203 Home Telephone I{ 777-8399 Business Telephone # 837-1661 Name:_R. Derald Whiting & Donald E. Whiting (; interest) Address: 1700 Broadway Suite 2300 City Denver Zip 80203 Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Western Wildlife Adventures Tim Brough & Chris D. Eider Address: 31209 Weld Co Rd 17 City Windsor Zip 80550 Home Telephone # 686-5223 or 2621 Business Telephone # 686-5210 List the owner(s) -and/or lessees of mineral rights on or under the subject properties of record. Name: Kenneth R Whiting Address: -same as above City Zip Name: R. Derald Whiting & Donald E. Whiting Address: same as above City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct so the best of my knowl-edge. COUNTY OF WELD ) STATE OF COLORADO ) Si-gnature: Owner or Authorized Agent Subscribed and sworn to before me this _ day of 19 NOTARY PUBLIC My commission expires ui1296 TO: Department of Planning Services, Weld County RE: Use by Special Review Application The proposed use for this area shall be a Commercial Wildlife Park, or more commonly called a Shooting Preserve. Upland game birds are currently being raised at this location, we are now requesting approval of this plan so that these birds may be released and hunted on this area. The hunting of released birds is allowed by The Colorado Division of Wildlife during all months of the year at this location. We will normally only allow hunting from September 1 - April 30 of each year. We may have on occasion special events which will take place during the other months, these events may or may not involve the shooting of release birds. Hunting and attendance at any event will not be open to the public, it will only be available to club members and guests of the members an-d/or management. This will allow us to properly manage both the area and the users. For a list of rules that members and their guests will be required to follow see the enclosure, titled Membership Agreement. Hunting and shooting will not be allowed within 300 yards of the existing pens and residence on the property. Hunting and shooting will primarily occur in the areas along the Cache la Poudre River and the Eaton Ditch which are not suitable for crops. The existing row crop field will continue to be planted and hunting may occur on that area after the crops have been harvested. Some of the dry land areas may be used for hunting in the future once the cover becomes more established and is determined to be suitable for that purpose. Note: the Zoning Permit for the existing mobile home is ZPMH-1038, dated June 11 ,1985. The existing uses on the surrounding properties are primarily agricultural, and recreational uses. The properties to the north are currently engaged in raising both crops and cattle, one property is currently being mined for it's gravel, and is also being leased to the Division of Wildlife for the general public's recreational use. The properties to the east are currently being used -for crop production. The properties to the south are being used for crop production and there is currently a shooting range, located on one of these properties. To the west lie some bluffs which are not being used, and above the bluffs the land is being used for crop production. The closest residence to the north of the area is approxiametly one-half mile, to the east is approximately one-half mile, to the south are approximately 200 feet, and 1200 feet, to the west is further than one and a quarter miles. Under normal use the maximum number of hunters using this area for the hunting of released birds will be five persons at any given time. Occasionally more than five individuals will be involved in special events, such as a dog trial, these events are strictly governed and controlled to ensure every one's safety. Currently there are no employees, only the two owner/managers. The normal hours of operation are from 8am - 5pm, Tuesday - Sunday. The only water required for this operation is irrigation water for the hunting areas, this water is supplied by the Eaton Ditch. The only sewage disposal that may be required will be for restroom facilities during a special event, and that will he taken care of by the rental of portable facilities. 871296 Access to this area shall be from Weld County Road 1/, then west on Weld County Road 64, to a private drive which leads to the area. This road then continues onto the farm, and is currently used soley for farming puposes. Although this road does continue through the next farm to Weld County Road 13, access along this road from that intersection is strictly controlled by the landowner at that point. All traffic will enter and exit this area from the souhteast access point. Vehicular traffic will consist of passenger cars, and light duty pickup trucks. Client traffic will, at a maximum, be 12 cars per week with the average nearer to 5 cars per week, during the months of September - April and almost non-existent May - August. A special event may have associated with it heavier traffic for that day. The proposed use is consistent with both the Weld County Comprehensive Plan and the intent of the district since this plan will maintain or increase the productivity of agricultural lands. This plan does not propose a reduction in the number of acres planted to crops. It does however call for a reduction and possible elimination of grazing on this area. The safety and welfare of the surrounding inhabitants will be provided for by clearly posting this area as a shooting preserve, and by requiring hunters to stay within these boundaries and to follow safe hunting practices. This use is compatible with the existing surrounding land uses. The adjacent properties are currently being used for crop and animal production. One property has been leased to The Colorado Division of Wildlife in order to provide the public with a recreation area specifically for hunting. On another property there is a shooting range which is currently in use, it is operated by The Hewlett Packard Sportsman's Club. This use should be compatible with any future development of the surrounding area. One landowner in the area is seeking to develope an area for residential home sites. The location of this land is not close enough that our operation will cause a health or safety problem to any future residents. Portions of the proposed use area may be within the flood plain, however since no structures are proposed this should not be a major concern. This area is not located in a geologic hazard or a Weld County Airport overlay district area. The noise associated with this use will consist of irregular and occasional shotgun fire. Projecting the frequency of gunfire is very difficult, in order to get an idea of its relative frequency it can be compared to shooting trap at a shooting range like the one located south of this area. Five trap shooters will shoot 250-500 rounds of shells in an hour. Five hunters may shoot 75 rounds in a four hour hunting session. A rough average for five persons hunting during a four hour period would be 35 rounds. A copy of the soil reports are attached. The soils found this area range from well suited to not well suited for crop production. Wildlife is an important secondary use of these soils. The potential for urban and recreation developement range from excellent to poor. Gazing managemnt should be based on taking less than 50% of the total annual production, and the defferment of grazing may lead to improved range conditions. The soil reports indicate the proposed use will be compatible with these soils. 871296 Erosion problems will be reduced under this use, since it promotes the elimination of grazing, the leaving of as much stubble as possible, and the succession of brushy and woody species of plants. No reclemation procedures will be required upon cessation of the proposed use, in order to return the area to it 's current use. The proposed use requires no start-up time, and the use may start as soon as September 1 , 1987 or as soon as approval is granted. 871296 WESTERN WILDLIFE ADVENTURES MEMBERSHIP AGREEMENT FOR 1987-1988 SEASON . 1 Membership in Western Wildlife Adventures is conditional upon payment of annual dues, acceptance of Applicant by the Management, and agreement to the following terms: 1 . Member shall abide by Colorado Law pertaining to Commercial Wildlife Parks (CWP) . Specifically: a. member shall hunt within the boundary of the designated CWP. b. member shall be allowed to hunt during the authorized CWP season, which shall be Sept 1 through April 30 of the following year. c. band numbers of all harvested birds shall be reported to WWA. 2. GUEST POLICY. Party limit is four (however, special arrangements may be made for larger groups) , one of whom must be a member. People other than immediate family are allowed guest privileges for two visits only. There are no limits on guest privileges for immediate family members. Each guest must purchase a standard release at the member price rate. 3. Reservations are required prior to the hunting -date. Cancellations must be made a minimum of 24 hours prior to your scheduled hunt time. If notice of cancellation is not recieved, then you will be charged the full amount of the hunt. 4. Members shall be be responsible for any damage to property caused by members or their guests. 5. WWA and landowners of leased property shall not be held liable for accidents and/or injuries incurred by members or guests while the same are on any CWP operated by Western Wildlife Adventures. 6. Only the species of gamebirds released by WWA may be hunted by the member or his guests. No other species of wildlife may be hunted or in any way harmed or harassed. (Except as noted in Item # 7). 7. Waterfowl and geese may be hunted during regular State seasons. Reservations are required, and all State and/or Federal laws and requirements apply. 8. Littering, bird cleaning, alcohol consumption before or during hunting, and intoxication are prohibited while on any WWA property. 9. The term of this membership is from May 1 ,1987 to April 30, 1988. 10. Violation of any of these articles of agreement is cause for forfeiture of membership privileges and membership dues. WESTERN WILDLIFE ADVENTURES 31209 Weld County Road # 17 Windsor, Colorado 80550 ' Chris D. Elder (303) 686 2621 a p Tim Brough (303) 686-5210 wig „ _I. ", , '01'RI 871286 WHITING July 16, 1987 Weld County Commissioners 915 Tenth Street Greeley, Colorado 80631 Re: Western Wildlife Adventures Gentlemen: I am the owner of an undivided one-half interest and the brother and representative of the two owners of the other undivided one-half interest in the Whiting farm in Weld County, Colorado more particularly described in the Exhibit A attached hereto. We have leased the property to Western Wildlife Adventures so that they may operate it as a hunting club. This letter represents our consent to the use of the property as a hunting club by Western Wildlife Adventures under a special review permit which we understand must be obtained from the Board of County Commissioners. If additional consents or documents are required to obtain the permit, please so advise me. Yours very truly, — K e . Whiti KRW/pb cc: Western Wildlife Adventures 31209 Weld County Rd 17 Windsor, CO 80550 WHITING PETROLEUM CORPORATION TWOIJNITED BANK CENTER, 1700 BROADWAY, SUITE 2300, DENVER,COLORADO 80202 (303)837-1661 ppry �] 1300 MAIN STREET, SUITE 1400, HOUSTON,TEXAS 77002 (713)651-1946 8 / 296 EXHIBIT A The following described lards in Weld County, Colorado: The NEa of Section 30, the NW} of the NWa of Section 29, and all that part of the SWa of the NWI and the NW* of the SWa of Section 29 lying north of the following described line, to-wit: Commencing at a point on the section line 420 feet south of the southeast corner of the NE* of Section 30, Township 6 North, Range 67 West of the 6th P.M. ; thence North 64°30" East 230 feet; thence North 45°00" East 370 feet; thence North 33°30" East 636 feet; thence North 74°00" East 254 feet; thence North 15°00" East 845 feet; thence North 89°15" East 109 feet, to the southeast corner of the NW* of the NWa of Section 29, Township 6 North, Range 67 West of the 6th P.M. Except parcel of land conveyed to Union Pacific Railroad Company by deed recorded in Book 300, page 152, Weld County Records . All of said lands being in Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Together with water rights for the irrigation of said lands evidenced by but not limited to 14 shares of the capital stock of the B H Eaton Ditch Company. 871296 WELD COUNTY, COLORADO, SOUTHERN PART 23 Windbreaks and environmental plantings of trees and The potential native vegetation is dominated by blue shrubs commonly grown in the area are generally well grama. Several mid grasses, such as western wheatgrass suited to this soil. Cultivation to control competing and needleandthread, are also present. Potential produc- vegetation should be continued for as many years as tion ranges from 1,600 pounds per acre in favorable years possible following planting. Trees that are best suited and to 1,000 pounds in unfavorable years. As range condition have good survival are Rocky Mountain juniper, eastern deteriorates, the mid grasses decrease; blue grama, buf- redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, snakeweed, yucca, and fringed sage increase; hackberry. The shrubs best suited are skunkbush sumac, and forage production drops. Undesirable weeds and an- Siberian peashrub, lilac, and American plum. nuals invade the site as range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation on this soil should be based cropland areas provide favorable habitat for ring-necked on taking half and leaving half of the total annual produc- pheasant and mourning dove. Many nongame species can ttoa. Seeding is desirable if the range is in poor condition. be attracted by establishing areas for nesting and escape Sideoats grama, little bluestem, western wheatgrass, blue cover. For pheasants, undisturbed nesting cover is essen- grama, pubescent wheatgrass, and crested wheatgrass are tial and should be included in plans for habitat develop- suitable for seeding. The grass selected should meet the ment, especially in areas of intensive agriculture. seasonal requirements of livestock. It can be seeded into This soil has good potential for urban and recreational a clean, firm sorghum stubble, or it can be drilled into a development. Increased population growth in the survey fine prepared seedbed. Seeding early in spring has area has resulted in increased homesite construction. The proven most successful. chief limiting feature for urban development and road Windbreaks and environmental plantings of trees and construction is the limited capacity of the soil to support shrubs commonly grown in the area are generally well a load. Septic tank absorption fields function properly, but suited to this soil. Cultivation to control competing vegetation should be continued for as many years as community sewage systems should be provided if the population density increases. Because of the permeability Possible following planting. Trees that are best suited and of the substratum, sewage lagoons must be sealed. have good survival are Rocky Mountain juniper, eastern Lawns, shrubs, and trees grow well. Capability class I ir- redcedar, ponderosa pine, Siberian elm, Russian-olive, and ri a e hackberry. The shrubs best suited are skunkbush sumac, 32—Kim loam, Ito 3 percent slopes his is a deep, lilac, Siberian peashrub, and American plum. Wildlife_is an important secondary use of this soil. The well drained soil on smooth plains and alluvial fans at elevations of 4,900 to 5,250 feet. It formed in mixed eolian cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can deposit and parent sediment from a wide variety of bedrock. Included in mapping are small areas of soils that be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- have loamy sand underlying material. tial and should be included in plans for habitat develop- Typically the surface layer is brown and pale brown ment, especially in areas of intensive agriculture. Range- l oam about 12 inches thick The upper 28 inches of the un- land wildlife, for example, the pronghorn antelope, can be derlying material is pale brown loam. The lower part to a attracted by developing livestock watering facilities, depth of 60 inches is pale brown fine sandy loam. Permeability is moderate. Available water capacity is managing livestock grazing, and reseeding where needed. high. The effective rooting depth is 60 inches or more. This soil has good potential for urban and recreational Surface runoff is medium, and the erosion hazard is low. development. Increased population growth in the survey In irrigated areas this soil is suited to all crops com- area has resulted in increased homesite construction. The chief limiting soil feature for urban development and road monly grown in the area, including corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An exam- construction aSp is the limited capacity of this soil to support pie of a suitable cropping system is 3 to 4 years of alfalfa community load. Sytisag absorption should function vided f but followed by corn, corn for silage, sugar beets, small platon nsue systems Because be provided if the y or beans. Land leveling, ditch lining (fig. 6), and installing population density increases. g of the permeability pipelines may be needed for proper water applications. Lawns,o the substratum,shrubs, and sewage lagoons must be sealed. All methods of irrigation are suitable, but furrow ir- d and trees grow well. Capability subclass e rigation is the most common. Barnyard manure and corn- Ili 33—Kim loam,IVsnonirrigated;tpercent Loamy Plains range is deep, e. mercial fertilizer are needed for top yields. 3 plains 5 alluvial slopes. This aelevations In nonirrigated areas this soil is suited to winter wheat, well drained soil and fans eolian o of 4,p00 t edi nt It formed in mixed deposits barley, and sorghum. Most of the acreage is planted to and parent sediment from a wide variety of bedrock. In- winter wheat and is summer fallowed in alternate years eluded in mapping are small areas of soils that have to allow moisture accumulation. Generally-precipitation is loamy sand underlying material. too low for beneficial use of fertilizer. Typically the surface layer is brown and pale brown Stubble mulch farming, striperopping, and minimum til- loam about 10 inches thick. The upper 28 inches of the un- lage are needed to control soil blowing and water erosion. derlying material is pale brown loam. The lower part to a Terracing also may be needed to control water erosion. depth of 60 inches is pale brown fine sandy loam. 871296 40 SOIL SURVEY from 800 pounds per acre in favorable years to 500 production ranges from 1,750 pounds per acre in favora- pounds in unfavorable years. As range condition deteri- ble years to 950 pounds in unfavorable years. As range orates, the mid grasses decrease and forage production condition deteriorates, the sideoats grama, little bluestem, drops. Undesirable weeds and annuals invade the site as and sand reedgrass decrease; yucca, sedge, and blue range condition becomes poorer. grama increase; and forage production drops. Management of vegetation on the Shingle soil should be Management of vegetation should be based on taking based on taking half and leaving half of the total annual half or less of the total annual production. Deferrediraz- production. Seeding is desirable if the range is in poor ing is practical in improving range condition. Seeding and condition. Western wheatgrass, blue grama, alkali sacaton, mechanical treatment are impractical. sideoats grama, little bluestem, pubescent wheatgrass, Windbreaks and environmental plantings are generally and crested wheatgrass are suitable for seeding. The not suited to this soil. Onsite investigation is needed to grass selected should meet the seasonal requirements of determine if plantings are feasible. livestock. It can be seeded into a clean, firm sorghum Production of vegetation on this treeless soil is low, stubble, or it can be drilled into a firm prepared seedbed. especially during drought, when annual production can be Seeding early in spring has proven most successful. as low as 300 pounds per acre. Rangeland wildlife, such as The potential native vegetation on the Renohill soil is antelope and scaled quail, can be attracted by managing livestock grazing, installing livestock watering facilities, dominated by western wheatgrass and blue grama. Buf- falograss is also presented. Potential production ranges and reseeding where needed. This soil has poor potential for urban development. The from 1,000 pounds per acre in favorable years to 600 chief limiting feature is the shallow depth to sandstone. pounds in unfavorable years. As range condition deteri- Capability subclass VIe irrigated, VIe nonirrigated; Sand- orates, a blue grama-buffalograss sod forms. Undesirable weeds and annuals invade the site as range condition stone Breaks range site. becomes poorer. 62—Terry fine sandy loam, 0 to 3 percent slopes. This Management of vegetation on the Renohill soil should is a moderately deep, well drained soil on plains at eleva- be based on taking half and leaving half of the total an- bons of 4,500 to 5,000 feet. It formed in residuum from nual production. Range pitting can reduce runoff. Seeding sandstone. Included in mapping are small areas of soils is desirable if the range is in poor condition. Western that have sandstone deeper than 40 inches. Also included wheatgrass, blue grama, sideoats grama, buffalo s, pu- are small areas of soils that have a subsoil of sandy clay bescent wheatgrass, and crested wheatgrass are suitable loam and clay loam. for seeding. The grass selected should meet the seasonal Typically the surface layer of this Terry soil is pale requirements of livestock It can be seeded into a clean, brown fine sandy loam about 6 inches thick. The subsoil is pale brown firm sorghum stubble, or it can be drilled into a firm fine sandy loam about 21 inches thick. The prepared seedbed. Seeding early in spring has proven substratum is very pale brown fine sandy loam. Sand- most successful. stone is at a depth of about 37 inches. Rangeland wildlife, such as antelope, cottontail, and Permeability is moderately rapid. Available water capacity is moderate. The effective rooting depth is 20 to coyote, are best suited to this unit. Because forage production is typically low,grazing management is needed 40 inches. Surface runoff is slow, and the erosion hazard if livestock and wildlife share the range. Livestock water- is low. com- ing facilities also are utilized by various wildlife species. monlThis soil is in suited e area. The of the irrigated crops restricts Capability subclass VIe irrigated, VIe nonirrigated; Shin- grown in the e system depth corn for gle soil in Shaly Plains range site, Renohill soil in Clayey some crops. ,A suitable years of fa, an is corn, corn for Plains range site. silage, barley, 3 to 4 ed alfalfa, and wheat. This soil 61—Tassel me sandy oam, a o i .green s o. is also well suited to irrigated pasture. This is a shallow, we same. soil on upland .sea s at Furrows or sprinklers can be used in irrigating -row elevations of 4,850 to 5,200 feet. It formed in residuum crops. Flooding from contour ditches and sprinkling are from sandstone. Included in mapping are small areas of hesuitables in irrigating tr close grown crops the pasture. Small sandstone outcrop and areas of noncalcareous soils. Production tiof water and maintained runs by frcq risk of erosion. Typically the surface layer of this Tassel soil is light ro applications can of barnyard y manure frequent irrigations and yellowish brown fine sandy loam about 7 inches thick. The by Kep to and commercial d fort p underlying material is light rest Keeping orlage to a minimum and utilizing crop g yellowish brown very fine residue are important. sandy loam. Sandstone is at a depth of about 11 inches. In nonirrigated areas this soil is suited to winter wheat, Permeability is moderately rapid. Available water barley, and sorghum. Most of the acreage is planted to capacity is low. The effective rooting depth is 10 to 20 winter wheat. The predicted average yield is 25 bushels inches. Surface runoff is medium, and the erosion hazard per acre. The soil is summer fallowed in alternate years is moderate. to allow moisture accumulation. Generally precipitation i The potential native vegetation is dominated by too low for beneficial use of fertilizer. sideoats grama, little bluestem, blue grama, threadleaf Stubble mulch farming, striperopping, and minimum til- sedge, sand reedgrass, and needleandthread. Potential lage are needed to control soil blowing and water erosion_ 871296 If . F 6 WELD COUNTY, COLORADO, SOUTHERN PART 33 and switchgrass decrease and blue grama, sand dropseed, should be grown at least 50 percent of the time. Contou t and sand sage increase. Annual weeds and grasses invade ditches and corrugations can be used in irrigating clos the site as range condition becomes poorer. grown crops and pasture. Furrows, contour furrows, an Management of vegetation on this soil should be based cross slope furrows are suitable for row crops. Sprinkle on taking half and leaving half of the total annual produc- irrigation is also desirable. Keeping tillage to a-minimur tion. Seeding is desirable if the range is in poor condition. and utilizing crop residue help to control erosion. Mair - Sand bluestem, sand reedgrass, switchgrass, sideoats taming fertility is important. Crops respond to apoiic: grama, blue grama, pubescent wheatgrass, and crested tions of phosphorus and nitrogen. wheatgrass are suitable for seeding. The grass selected The potential native vegetation on this site : should meet the seasonal requirements of livestock. It can dominated by sand bluestem, sand reedgrass, and blu be seeded into a clean, firm stubble, or it can be drilled grama. Needleandthread, switchgrass, sideoats gram. s into a firm prepared seedbed. Seeding early in spring has and western wheatgrass are also prominent. Potenti: proven most successful. production ranges from 2,200pounds Windbreaks and environmental plantings are per eacre in favor: P g generally ble years to 1,800 pounds in unfavorable years. As rang suited to this soil. Soil blowing, the principal hazard in condition deteriorates, the sand bluestem, sand reedgras establishing trees and shrubs, can be controlled by cul- and switchgrass decrease, and blue grama, sand dropsee, tivating only in the tree row and by leaving a strip of and sand sage increase. Annual weeds and grasses invad vegetation between the rows. Supplemental irrigation the site as range condition becomes poorer. may be needed at the time of-planting and during dry Management of vegetation on this soil should be base periods. Trees that are best suited and have good survival on taking half and leaving half of the total annual produ, are Rocky Mountain juniper, eastern redcedar, ponderosa tion. Seeding is desirable if the range is in poor conditio. pine, Siberian elm, Russian-olive, and hackberry. The Sand bluestem, sand reedgrass, switchgrass, sideoac shrubs best suited are skunkbush sumac, lilac, and Siberi- grama, blue grama, pubescent wheatgrass, and creste an peashrub. wheatgrass are suitable for seeding. The grass te Wildlife is an important secondary use of this soil. should meet the seasonal requirements of livestock. c It ca Ring-necked pheasant, mourning dove, and many non- be seeded into a clean, firm sorghum stubble, or it can I game species can be attracted by establishing areas for drilled into a firm prepared seedbed. Seeding early i nesting and escape cover. For pheasants, undisturbed spring has-proven most successful. nesting cover is essential and should be included in plans Windbreaks and environmental plantings are general; for habitat development, especially in areas of intensive suited to this soil. Soil blowing, the principal hazard i agriculture. establishing trees and shrubs, can be controlled by cu Rapid expansion of Greeley and the surrounding area tivating only in the tree row and by leaving a strip i 1 has resulted in urbanization of much of this Otero soil. vegetation between the rows. Supplemental irrigatic This soil has excellent potential for urban and recrea- may be needed at the time of planting and during dr _t tional development. The only limiting feature is the periods. Trees that are best suited and have good surviv. moderately rapid permeability in the substratum, which are Rocky Mountain juniper, eastern redcedar, ponder(); causes a hazard of ground water contamination from pine, Siberian elm, Russian-olive, and hackberry. TI sewage lagoons. Lawns, shrubs, and trees grow well. shrubs best suited are skunkbush sumac, lilac, and Siber Capability subclass IIIe irrigated, IVe nonirrigated; an peashrub. Sandy Plains range site. Wildlife is an important secondary use of this so 52—Otero sandy loam, 3 to 5 percent slopes. This is a Ring-necked pheasant, mourning dove, and many nor deep, well drained soil on plains at elevations of 4,700 to game species can be attracted by establishing areas fc 5,250 feet. It formed in mixed outwash and eolian nesting and escape cover. For pheasants, undisturbe f deposits. Included in mapping are small areas of soils that nesting cover is essential and should be included in play 1 have loam and clay loam underlying material. Also in- for habitat development, especially in areas of intensh eluded are small areas of soils that have sandstone and agriculture. shale within a depth of 60 inches. Rapid expansion of Greeley and the surrounding an Typically the surface layer of this Otero soil is brown has resulted in urbanization of much of this Otero so sandy loam about 10 inches thick. The underlying material The soil has excellent potential for urban and recreation to a depth of 60 inches is pale brown calcareous fine development. The only limiting feature is the moderate. sandy loam. rapid permeability in the substratum, which causes Permeability is rapid. Available water capacity is hazard of ground water contamination from sewai moderate. The effective rooting depth is 60 inches or lagoons. Lawns, shrubs, and trees grow well. Capabilii I more. Surface runoff is medium, and the erosion hazard is subclass IIIe irrigated, VIe nonirrigated; Sandy Plair low ran a site. This soil is used almost entirely for irrigated crops. It 53—Otero sandy loam, 5 to percen s open. his is d is suited to the crops commonly grown in the area. deep, well drained soil on plains at elevations of 4,700 i Perennial grasses and alfalfa or close growing crops 5,250 feet. It formed in mixed outwash and eolis I } 8'71296 36 SOIL SURVEY deposits. Included in mapping are small areas of soils that Rapid expansion of Greeley and the surrounding area have sandstone and shale within a depth of 60 inches. has resulted in urbanization of much of this Otero soil. Typically the surface layer is brown sandy loam about This soil has excellent potential for urban and recrea- 10 inches thick. The underlying material to a depth of 60 tional development. The primary limiting feature is the inches is pale brown calcareous fine sandy loam. Permeability is rapid. Available water capacity is causes rapid permeability in the n aminatio from moderate. The effective rooting depth is 60 inches or a hazard of ground water contamination from more. Surface runoff is medium to rapid, and the erosion epay lagoons. e There are additional, shrubs,costs in site hazard is low. preparation because of slope. Lawns, and trees This is suited to cro in Intensive grow well. Capability subclass IVe irrigated, Vie nonir- This soil f tzar our because tlimitedo erosion. The cropping rigated: Sandy Plains range site. system be to such closepp g 54—Paoli loam, 0 to 1 percent slopes. This is a deep, salsa, shouldheat, and limited ed. This soil also grown s cropsd as t al - well drained soil on terraces at elevations of 4,700 to 5,250 feet. It formed in alluvial deposits. Included in mapping rigated pasture. A suitable cropping system is 3 to 4 years of alfalfa followed by 2 years of corn and small are small areas of soils that have a loamy sand surface grain and alfalfa seeded with a nurse crop. layer. Typically the surface layer is grayish brown loam and Closely spaced contour ditches or sprinklers can be used in irrigating close grown crops. Contour furrows or fine sandy loam about 60 inches is hligh The underlying sprinklers should be used for new crops. Applications of material to a depth of inches light brownish gray nitrogen and phosphorus help in maintaining fine sandy loam. lion. good produe- Permeability is moderate. Available water capacity is The potential native vegetation on this range site is high. The effective rooting depth is 60 inches or more. Surface runoff is very slow, and the erosion hazard is low. dominated by sand bluestem, sand reedgrass, and blue grama. Needleandthread, switchgrass, sideoats grams, This soil is used almost entirely for irrigated crops. It •and western wheatgrass are also -prominent. Potential s in suited to all crops commonly grown in the area, includ- and ranges from 2,200 pounds per acre in favors- Ong corn, sugar beets, beans, alfalfa, small grain, potatoes, ble years to 1,800 pounds in unfavorable years. As range and onions. An example of a suitable cropping system is 3 condition deteriorates, the sand bluestem, sand reed corn, c g y and switch gr grass, to years of alfalfa followed by corn for silage, grass decrease and blue am sand dropseed, sugar beets, small grain, or beans. Such characteristics as and sand sage increase. Annual weeds and grasses invade the rapidly permeable substratum slightly restrict some the site as range condition becomes poorer. crops. Management of vegetation on this soil should be based All methods of irrigation are suitable, but furrow ir- rigation is the most common. Proper irrigation water on tion. Seeding is desirable if the range is in poor cond management is essential. Barnyard manure and commer- Sand bluestem, sand reedgrass, switch cial fertilizer are needed for top yields. grams, blue grass, sideoats grams, pubescent wheatgrass, and crested Windbreaks and environmental plantings are generally wheatgrass are suitable for seeding. The grass selected suited to this soil. Soil blowing, the principal hazard in should meet the seasonal requirements of livestock It can establishing trees and shrubs, can be controlled by cul- be seeded into a clean, firm sorghum stubble, or it can be tivating only in the tree row and by leaving a strip of drilled into a firm prepared seedbed. Seeding early in vegetation between the rows. Supplemental irrigation may be neede at the te ofspring has proven most successful. Windbreaks and environmental plantings are generally periods. Trees that are best suitedland have good survianting and during val suited to this soil. Soil blowing, the principal hazard in are Rocky Mountain juniper, eastern redcedar, ponderosa establishing trees and shrubs, can be controlled by cul- pine, Siberian Elm, Russian-olive, and hackberry. The tivating only in the tree row and by leaving a strip of shrubs best suited are skunkbush sumac, lilac, and Siberi- vegetation between the rows. Supplemental irrigation an peashrub. may be needed at the time of planting and during dry Wildlife is an important secondary use of this soil. The periods. Trees that are best suited and have good survival cropland areas provide favorable habitat for ring-necked are Rocky Mountain juniper, eastern redcedar, ponderosa pheasant and mourning dove. Many nongame species-can pine, Siberian elm, Russian-olive, and hackberry. The be attracted by-establishing areas for nesting and escape shrubs best suited are skunkbush sumac, lilac, and Siberi- cover. For pheasants, undisturbed nesting cover is essen- an peashrub. tial and should be included in plans for habitat develop- Wildlife is an important secondary use of this soil, ment, especially in areas of intensive agriculture. Ring-necked pheasant, mourning dove, and many non- In areas protected from flooding, this soil has good game species can be attracted by establishing areas for potential for urban and recreational development. The nesting and escape cover. For pheasants, undisturbed chief limiting feature is the rapid permeability in the sub- nesting cover is essential and should be included in plans stratum, which causes a hazard of ground water con- for habitat development, especially in areas of intensive tamination from-sewage lagoons. Road designs should he agriculture. modified to compensate for the moderate frost potential. 871296 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY ASSESSOR 'S S PARCEL STATE AND ZIP CODE IDENTIFICATION # Simpson, E. Gene & A. Frances _ 62 080720 000019 PO Box 2416 Windsor, CO 80550 Thayer, Leone B. & St. Croix, Lloyd 62 080730 000034 415 S. Howes #1201 Ft. Collins, 80521 62 080719 000044 Kadlub, Edwin D. & Marjorie A. 62 080729 000015 Box 250 Windsor, Colo. 80550 Shutts, Billy G. & Patricia J. 62 080729 000040 8217 S Weld Co Rd 5 Ft Collins, Colo. 80525 Cummins, Melvin 62 080729 000004 31013 Weld Co Rd 17 Windsor, Colo. 80550 Lind, Martin & Theodore & Freeman, Steve 62 080729 000005 6863 Weld Co Rd 60 Windsor, Colo. 80550 Detterer, Henery & Betty 62 080720 000020 PO Box 1703 Windsor, CO 80550 Velma, Frank 62 080719 000045 32852 Weld Co Rd 13 Windsor, Colo 80550 871296 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 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. The foregoing instrument was subscribed and sworn to before me this day of 15 WITNESS my hand and official seal. My Commission expires: Notary Public 87129E AFFIDAVIT OF INTEREST OWNERS MINERALS AND OR SUBSURFACE Application No. Subject Property 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. The foregoing instrument was subscribed and sworn to before me this day of , 19_ WITNESS my hand and official seal. My Commission expires: Notary Public 871296
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