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Home My WebLink About880688.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A CHILDREN 'S SHELTER HOME IN THE A (AGRICULTURAL) ZONE DISTRICT - BARBARA McMYNN AND MICHAEL LAAGE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 20th day of July, 1988 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Barbara McMynn and Michael Laage, 740 37th Street, Boulder, Colorado 80303 , for a Site Specific Development Plan and Special Review Permit for a children ' s shelter home in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SW} , Section 31 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Barbara McMynn, one of said applicants, was present, and WHEREAS , Section 24 . 4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 .2 of the Weld County Zoning Ordinance as follows : a. The proposal is consistent with the Weld County Comprehensive Plan 's Urban Growth Boundary Goals and Policies. The Town of Erie Planning and Zoning Commission, in its referral response dated June 7, / 1988 , indicated the request does not conflict with PLC-1.39 880688 r Page 2 RE: USR - McMYNN & LAAGE their interests, and the property in question is not in their Comprehensive Planning area. b. The proposed use is consistent with the intent of the Agricultural Zone District and is a use similar to uses listed as Uses by Special Review. c. The proposed use is compatible with the existing surrounding land uses which include oil and gas production, gravel mining, pasture , and other residences. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District. Special Review Permit Development Standards will ensure continued compatibility with the surrounding land uses. No objections have been received from surrounding property owners . d . The proposed site is located in the Flood Hazard Overlay District. Special Review Permit Development Standards address overlay district requirements. e. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review permit for a children ' s shelter home in the A (Agricultural) Zone District 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. 3. Prior to operating the facility, the applicants shall apply for and obtain a Specialized Group Home license from the Weld County Department of Social Services. 880688 Page 3 RE: USR - McMYNN & LAAGE 4 . An ISDS evaluation by the Weld County Health Department shall be performed on the existing septic system. Prior to the ISDS evaluation, the septic system shall be reviewed by a Colorado Registered Professional Engineer, and a copy of the review submitted to the Weld County Health Department. 5 . Prior to recording, the Special Review plat shall be amended to show: a. A 75-foot right-of-way reservation from the centerline of State Highway 52. b. The consolidation of the access to this site and the 30-foot access easement on the east boundary of this parcel to show one access only to the parcel. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 20th day of July, A.D. , 1988 . BOARD OF COUNTY COMMISSIONERS ATTEST: ✓sI WEL /J ODUNTY, COLORADO J Weld County Clerk and Recorder � t 45 (AYE) and Clerk to the BoardGene R. Bran ner, Chairman / - ?r (NAY) BY: � L 1C/%'//�h / Y� C.W. Rirb , Pro em Deputy County ,Clerk APPROVED AS TO FORM: ` ' ' \ "\� "` ! ' (AYE) Ja que'= nson (AYE) County Attorney (NAY) Frank Yamaguchi 880688 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Barbara McMynn and Michael Laage DSR-836 1 . The Special Review Permit is for a Site Specific Development Plan and a Special Review Permit for a children ' s shelter home 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 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended. 3 . The applicants shall comply with the requirements of the Maximum Rules and Regulations for Specialized Group Facilities issued by the Colorado Department of Social Services and the procedural guidelines issued by the Weld County Department of Social Services. 4 . No permanent disposal of wastes shall be permitted on the Special Review Permit site. 5 . A Flood Hazard Development Permit shall be applied for by the applicants and approved by the Department of Planning Services staff prior to the construction of any new structures or the substantial improvement of any structures in the flood plain. 6 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 7 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 8 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 9. Personnel from the Weld County Health Department, Weld County Department of Social Services, Longmont Fire Protection District, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 880688 Page 2 DEVELOPMENT STANDARDS - McMYNN & LAAGE 1D . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations . Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners _before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11 . The Special Review Permit shall not be leased, conveyed, transferred, or sold without prior approval by the Board of County Commissioners. 12 . 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. 880688 PUBLIC NOTICE The Board of County Commissioners of geld County, Colorado, on July 20, 1988, conditionally _approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described -below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. -APPLICANT: Barbara McMynn and Michael Laage 340 37th Street Boulder, Colorado 80303 LEGAL DESCRIPTION: Part of the SWi of Section 31, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Children's shelter home in the A (Agricultural) Zone District SIZE OF PARCEL: 13.7 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN -COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: July 27, 1988, in the Platteville Herald 880688 Af,idar t o, Publicatiu, z S7 ATE OF ('OLOi=ADOi County of A. Winkler Riesel vu. , .nc :.. , 1:'. ' :'lL :...il sw ern s.n !IL: I a Platteville Harald ...at Ina sere is a w , covyai ncral dirt a:aLc.n war pr::,fro unit pit.] she; In the Ie..n or Platteville u: kri,e:- .._S..... ): l,rai, ru,, u:r scsi sn::ue f ors has wan r ..hsnru t_ us;,uptr I;. One PUBLIC NOTICE - ',ekes :nail isa or.'.r c x'as p:ahshed in the of ount - rc of a•ue even nur,:bcr of said aTheionenBoard ei;x]YeldC bounty,y Co n +s;a;w':bun^.s ib,-F.nod 2r time of nubby a- antlo, on July 20, 1888, condi- Commisb '^(uiuran d en; Iron n'1.C nonrt' anC in ;hc new cosy u : pro; f tionally approved a Site Specific ` Development Plan and a Special and no: in a supuirms-n] thereof that the first Review Permit for the property pt-.!:s.sofsn of s:.d nossc was contained in Inc and purpeaa described below. r<cuc of sn_d metos;'a-�•r brar the dale. Ih:, Conditional approval of this plan creates •.vested properly right pursuant to ide 68 of Title 20, 97 daTr or jrciv 1st oo C.R.S., es amended, for a period CO of three year•. APPLICANT; Barbara McMynn and The Iasi pub. rallcn thorn,: in the Issue of end Michael 1-sage, Too 37th said newspaper, hear:na e::',e. she�Lx'a\ of Sireeq Boulder, Colorado 80303 5❑� LEGAL DESCRIPTION: Part of July lr-88c•: : the s:.iC he SW 1/0 of sedion 31, Town- - ship 2 North, Range 68 West of the 6th-0.M.,.Weld County,-Col- Platteville Herald credo TYPE AND. INTENSITY OF AP.h-' t � � �•�— -- aria t""'tt'r- PROVED USE;_Children's shelter .. t It us• I. -'\CO home in the A(Agriculturali2one . �, _., t - District ,c:10 Nc r cr c t ��rr e SIZE OF PARCEL: 13.7 acres, more or less Failure to abide by the terms and conditions of approval will result In • forfeiture of the vested r.- Ir Ire :. ;he f ( property rightBOARD OF r t COUNTY COMMISSIONERS WELD COUNTY, COLORADO' "_ 1 I cr ia.-: BY: MARY ANN FEUERSTEIN COUNTY CLERK AND 4t ECORDER AND CLERK TO THE BOARD BY: Mary Reiff,Deputy Publiand 1.14I MMteville Her sik4-An nI I, d-id FORT LUPTON PRESS 47h 1UOnverAve. .. .. Fort Lupton,LO 80621 /3 OA 880689 HEARING CERTIFICATION DOCKET NO. 88-36 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW ]ERMIT FOR A CHILDREN'S SHELTER HOME IN THE A (AGRICULTURAL) ZONE DISTRICT - BARBARA McMYNN AND MICHAEL LAAGE A public hearing was conducted on July 20, 1988, at 2:00 -13.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Brian Bingle The following business was transacted: I hereby certify That pursuant to a notice dated June 29, 1888, and duly published July 9, 1988, in the Platteville Herald, a public hearing was conducted to consider the request of Barbara McMynn and Michael Laage for a Site Specific Development Plan and Special -Review Permit for a children's shelter home in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. -Brian Single, representing the Manning Department, Entered the favorable recommendation of the Planning Commission into the record. Barbara McMynn, one of the applicants, came forward to explain the program to be offered if This application is approved. She stated that they have no problems with the five Conditions and eleven Development Standards proposed. The -Board asked -questions concerning the water supply and the possibility of obtaining water from the Left -Hand Water Company. There was al-so discussion about limiting this Permit to the present applicants. Denise Wilts, an adjacent landowner, spoke in Apposition to this proposal. She said she is concerned about the safety of their children, their liability, and the affect this may have on their property value. Ms. Wilts submitted a letter from Gene Bulthaup, in opposition to this request, which was marked as Exhibit F. Ms. McMynn stated that she has worked with foster children for ten years and has had no problems in the past. She agreed that, if the well on the property proves to be inadequate or of poor -quality, they will apply to use Left Hand water. Commissioner Johnson -moved to insert a Development Standard stating that this Permit cannot be transferred without approval of the Board of County Commissioners. Seconded by Commissioner lacy, the motion carried unanimously. Commissioner Johnson moved to approve this request, subject to the Conditions and Development Standards, as amended. She stated that this facility will be licensed and supervised by the Department of Social Services, which she ieels will satisfy the concerns of the neighbors and mentioned the need for this type of facility in the southwest area of the County. Commissioner lacy seconded the motion. Commissioner Kirby said he will vote against the motion, due To his concerns about the water supply and potential problems _with the proposed residents. Commissioner Yamaguchi said he shared Commissioner Kirby's concerns. On a roll call vote, the motion tarried 3-2, with Commissioners Kirby and Yamaguchi voting nay. 880688 P/1/4_ () -- /-2- 7 f`1 t - �-n-nT Page 2 HEARING CERTIFICATION - McMYNN & LAAGE This Certification was -approved on the 25th day of July, 1988. APPROVED: 4,„,..,....) BOARD OF COUNTY COMMISSIONERS ATTEST t, WEL UNTY, COLORADO Weld _County lerk and Recorder and _Clerk to the -Board ene R. Br-antner,, Chairman lit / G By: i:C. , Ac p /2,r il-k7)' Deputy County -Clerk C.S.. rby, Pro- 'em JJaac.ueliT,Jo:..so . Go ,1r Frank Y'maguchi TAPE #88-14 DOCKET #88-36 PL0439 880688 ATTENDANCE RECORD PLEASE write or -print Legibly your name , -addres-s and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLZ,OWS: JULY 20, 1988 DOCKET # 88-36 USR-CHILDREN'S SHERLTER HOME IN AGRICULTURAL ZONE DISTRICT-McMYNN & LAAGE DOCKET # 88-37 USR-HOME BUSINESS (LAWN SERVICE) IN AGRICULTURAL ZONE DISTRICT-RE-ED DOCKET # 88-38 USR-HOME BUSINES (SATELLITE DISH & LEATHER GOODS RETAIL _STORE) IN AGRICULTURAL ZONE DISTRICT-NOWICKI DOCKET 11 88-40 USR-EXPASNION OF DAIRY OPERATION (900 HEAD)-CHURCH OF JESUS CHRIST OF _L.-D.S. NAME ADDRESS HEARING ATTENDING w � .j,- -53 go get., ei; 5 — 37 (zt.cry CAe_cle -5 34'J.] u:CP._ 3/ ft,Lafh .?1/4. 4 ?2 - q0 Roswcf II Checkie- 341 \ wck 31 inf il,pt on Zi---vo a1tv im T �a 379 N EAy S,;, & eit 06 F X , �h4r,IncA rile Vii ykj .;� 2 v 37 Si . 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Lela y.4._ ai t'--.C .441.,ac At 17-Lx. 8Staas,tdm1_at- ,ac4Waa.Y., S/I F VC A 4, s_4 scao -1-( elie v,a& ..C( 'xa."-7'r< .- eacc€.4 A-Ze -, tt,t;eu e if -, 4o L t-co - cCiu aL eAtert - G H 02 c'1Lti h Z At. x o�c�ire , At A -7144f- .a of &t _i - a# � tns, .wl !. v, -4 f` 4 ncte, en,iceU'o6E atd7o mai a. `)9'1- i d 4 #-°4 -, -r - l" in uFeAk 4Q,-my GL A .r rea— Azciell 4"--` Lalaaer IX4IIBIT Z ;. 880688 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be field in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 913 10th Street, Yirst Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court -reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days -prior to the hearing. The cost of -engaging -a court reporter shall -be borne by the requesting party. BE IT ALSO KNOWN that the text and -maps so certified by the Weld _County Planning Commission may be examined in the -office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 88-36 Barbara McMynn and Michael Laage 740 37th Street Boulder, Colorado 80303 DAT-E: July 20, 1988 TIME: 2:00 P.M. REQUEST: Site Specific Development Plan and Special Review Permit — Children's shelter home in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SW} of Section 31, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles east of Weld County Road 1 on State Highway 52; approximately 2 miles north of the Town of Erie 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: June 29 , 198E PUBLISHED: July 6, 1988, in the Platteville Herald 880688 k- 7 r ' Affidavit of Publication STATE OF COLORADO) r TILE Counit 01 Ncld) st-.. P1rtu WWI°laws dthe Met of and tile-Meld County Ordlnerme, •p b- A. Winkler Riegel tic heart ' I Os l bo how In the I - ' ' Chants , Beerd#f County Comm' :.of Weld County, : e ,it r' Id Lr IL f1I\ su tom t ihdi 1 Colorado, County Contemn. 'm It h. ! r ui id Centime' loth Street, First Platteville Herald Fteer' caa�t mabe Yrne ep 'ADymeene In anyt . r he sort I6 LI v,'r J nry to,ipt r in g, noel manner led'In the Site ri a ier', v.at promo d aid 'uCI shed In the Specific oprnenf Plan and Special Permit are re few'n of Platteville quested d n -and may be in s; ,1 toe t Jr.': -.so if..ti J by no ti u 'rocc:- Bhould-. eppiieanl many in- Us'n.en:.of u t h,�., t : it:I-t if c o[': roan terested Oily desire the pros- p bt- .d I. s., uric 6P. ni usp�prr !cr ensf•nF�ittI1porter to make• p,:..;. record of'YM4wreeding0.3n ad- One cation to tinned record wife o •ur'u' kept donne ttkrlwmlng,the Clerk u Ito tt:i if t no'.I t vat, [.:b:'-'red it the;he r W Boinff -Offloe eon be ern- re tu::r anti entire Issue o e.en number o`said footed for iT4t of pinned court nrwspaprir durm[the-proedard UM('el pubic'a- reportershrlhmetIfscounre- u.n o' s:.d notice- and in .he nett rprof-r porter le the Clerk to J p G the Boa e.e'3fiall be ad- and na ir, a supplement thereo( that the first wised in-urging of such action at p 2J:ranc: of sr d nonce' .a a eon:a:ned :n the rant findath Prior to Meywar- issue of said nettspaper bearin. the date. the fog. Thesont pf engaging • court r F reporter shine borne by the re- 6 dale of JUP . 19 R$ _ BE IT ops KNOWN that the wit and maptal airlifted C m the and the Iasi publication ther^ot. in IV Issue or Weld CeYYfly'.Pbnnlrry Commie- s...Jr.newspaper.bt ar.:,c d-it trip tr Cot of Mon may gwaixamined in-the of- fice of the OM* to the Board of . County -CttrSgtrdonm, located July 1°R aYhai the said in me Weld County Centennial Center;Etlf.MOth Street, Third Platteville -HET$1d Floor, GrNlsyt Colorado. nas Leto put 1....rf. : us., and ufl:n.cr- CORNET NO.8Y-36 ✓ r-.dh d.,::DL Iht t'''7•27'. SI Hi le- I t:-tvo (-mt./it.:'.cc v nit, : -n- :o Or,- first :_ •., ' CI- APPLICANT - IR•rbwa MCMynn anti c a e' v r Iv c❑i I Michael Laape ��y�� 160 aTi Street ot Ir lmt c t., cof t t r..CS c. I o s. BSYISM, emend* 80303 err • -e dolt q F.:r( fo. �'��: to t:.r. ;h. Date: July MrtgW ' cnt. Ate 4: Co c I ..,. _.._ e. ._L.. i TIME: 200 .•. a r'fy.. . II ;is—, I. REQUEST:Ells Specific avelop- • F ,, ,e irir f r r o 4 t if Ct.--,- I ment Plan.-id Special Review Pump - Clt iiren'e shelter home c' i In tic a tAMloWtural) Zone Me- LEGAL ; 'DON: Pang WA; 7 ,/ SWvam gt T M c��G7r."`.`�. J I P$4.WOW <.Ronk ,oWean of IMAM metape. ' LOCATIO poklm•tely 3 mi. :'.is -� ! on - ats ' a S2; Road I S u c ! , ., - .. , ut Srte` ay 021 pppreW mutely 2 pot of the Town m Er1t C.r:ul `^� C' 1`+ � So Alta COUNTY t, -a Nw.OtiEns COLO IVJ WELDfTY, COLORADO Arm Twrwm ...„Clerk to the Board _.__ — ,2c r. I bill'. _ E ET Mary Re1H, Deputy DATED: JHit1'20. 'MSS ' FOAT1 IIPrOM DA`OQ t PubllahodJR,Sw Platteville Her: x15 Denver-Ave aid on Jul, 6,Jet Port Lupton,CO 8O621 I ��/27 F' ro•,nnu..,.I: rvfGiro- I I 880688 r AFFIDAVIT OF PUBLICA LION Vcier State of Colorado County of Boulder I, J. R. Hofmann ,do NOTICE Pursuant to the zoning laws of the State of Colo- rado and the Weld County Zoning Ordinance, a solemnly swear that the LONGMONT DAILY-TIMES CALL is a public hearing y will be held in the C Chambers of the daily newspaper printed, in whole or inpart, and lor of County Commissioners unyCentennial of Center,County,15 published in 10th Sire, Fir CoFunty l ,C , the 1 th Street,ed. per, in a,y ma Colorado,at the the City of Longmont, County_cf Boulder, State of Colorado, and time specified.Si AllS persons in lop ent Plan which has general circulation thereinand in parts of Boulder and ial Re ewe Permit are requestedic to attend and may be heard. Weld Counties; that said newspaper has been_continuously and Should the applicant or any interested party de- sire uninterruptedly-published forperiod of more than six months record*the proceedings,in addition t -ao the taped record during the hearing,the next prior to the first publication of the annexed legal notice of Clerk to th ch will eme ard'5 Office can be contacted for a list advertisement, that said newspaper has been admitted to the court reporter tl certifieisco obtained,rt reporters in the area. It d, the-Clerk to the United States-mails as second-class matter under the provisions action at least fi Office ve days prior l be to the hea in ring of such of the Act of March 3, 1879, or any amendments thereof, and that bysthe t of egestingapartyf reporter shall be-borne said news a er is a Bail BE IT ALSO KNOWN that the text and maps so P P Y news a er p newspaper duly qualified for certified by the Weld County Planning_Commis- publishing legal notices-and advertisements within the meaning the Board bof County dComm C In the ommissiice of oners, located loche ated in of the laws of the State of Colorado; thata co Street, wpm County -GCereeley,Colorado. 4u 10th py_cf each number of Streeq Thirtl'Floor,Sareeley,Color APPLICANT said newspaper, in which said notice of advertisement was Barbara McMynn and Michael Laage 740 37th Street published, was transmitted by mail or carrier to each of the Boulder,Colorado 80303 DOCKET -36 subscribers of said newspaper, according to the accustomed DATE:July 20,1988 - mode of business in thisa REQUEST:ffice. RIME:2:00 S :PM. 0: Site Specific Development-Plan and Special Review Permit — Children's shelter home in the-A(Agricultural) Zone District That the annexed legal notice or advertisement was published LEGAL DESCRIPTION:Part of the SW'/a of Sec tion 31,Township 2 North,Range 68 West et the 6th PM.,Weld County,Colorado in the regular and entire edition of said daily newspaper once; LOCATION:Approximately.5 miles east of Weld County Road 1 on State Highway 52; approxi- mately 2 miles north'ot the Town of Erie and that one publication of said notice was in the issue of said BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO I BY: MARY ANN FEUERSTEIN ' newspaper dated July 7 19 88. COUNTY CLERK AND RECORDER' AND CLERK TO THE BOARD BY: Mary Reiff,Deputy Published in the Daily Times-Call, Longmont, y".",,,�/,,�) Colo.July 7,1988 _ 721 General Manager Subscribed and sworn to before me this 7th day of July ,19 88 VUf- Cleo c . HC'lyrr ion( Y.xs Notary Public FEE$ 26.00 MELANIEn oMgLl SION EXPIRES NR tl a � NTT ti 80!01 880688 DATE: June 29 , 1988 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearings for the 20th day of July, 1988 , at 2:00 P.M. Docket No. 88-36 - Special Review Permit for a children' s shelter home in the A (Agricultural) Zone District - Barbara McMynn and Michael Laage Docket No. 88-37 - Special Review Permit for a home business (lawn service) in the A (Agricultural) Zone District - David and Donna Reed Docket No. 88-38 - Special Review Permit for a home business (satellite dish and leather goods retail store) in the A (Agricultural) Zone District - Terry Nowicki OFFICE OF THE11 CLF TO THE _BOARD BY: �C1/G�W Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO a ✓ l� 880688 Summary of the Weld County Planning Commission June 21, 1988 Page 3 The Chairman asked the secretary to poll the -members of the Planning Commission for their decision. LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Ann Garrison - yes; Lynn Brown - yes; Motion carried unanimously. MOTION: Ann Garrison moved the request for an amendment to the St. Vrain Sanitation District Service Area -be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation of the Department of Planning Services' staff and amended by the Planning Commission, and the testimony heard by the members of the Planning Commission. 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. LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - No. She feels that there is a need for public sewer systems rather than a proliferation of septic systems, but at this point she does not see a need to enlarge the service area. She feels we are creating a city in this area without a local governing body. She does not find the County government sufficient to govern what is developing as a city and until she sees this area operating as its own incorporated city she is not in favor of expanding the development area. Ann Garrison - yes; Lynn Brown - yes; Motion carried -four voting for the motion and one voting against the motion. Tape 323 - Side 1 CASE NUMBER: USR-836 APPLICANT: Barbara McMynn and Michael Laage REQUEST: A Site Specific Development Plan and a Special Review permit for a Children's Shelter Home in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW} of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles north of the Town of Erie. APPEARANCE: Barbara McMynn, co-applicant, explained their plans for a shelter home for children. She explained the rules they must operate under and the various state and county entities who enforce these regulations. The Chairman called for discussion from the members of the audience. There was none. 880688 �J Summary of the Weld County Planning Commission June 21, 1988 Page 4 'Ile Chairman asked the applicant if they had reviewed the recommendation, conditions, and Development Standards as outlined by the Department of Planning Services' staff. Ms. McMynn replied they have and do not object to any of these items. The Chairman asked that the recommendation, conditions, and Development Standards be filed with the summary as a permanent record of these proceedings. MOTION: Louis Rademacher moved USR-836 for Barbara McMynn and Michael Laage for a Site Specific Development Plan and a Special Review permit for a Children's Shelter Home in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards set forth by the Department of Planning Services' staff and the testimony heard by the members of the Planning Commission. 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. LeAnn Reid - yes; Louis Rademacher - yes; -Paulette Weaver - yes; Ann Garrison - yes; Lynn Brown - yes; Motion carried unanimously. CASE NUMBER: USR-835 APPLICANT: Terry Nowicki REQUEST: A Site Specific Development Plan and a Special Review permit for a home business (satellite dish and leather sales) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lot A, RE-96O; part of SE} SWk of Section 10, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles east of the Town of Ault, north of Weld County Road 82, and east of Weld county Road 43. APPEARANCE: Bob Kreps, Kreps Wiedeman Auctioneers and Real Estate, Inc. , represented the applicant. The applicants wish to relocate their business from Golden. This property was a produce processing plant so it will take very little remodeling to prepare it for this business. There will be very little additional traffic. He has sent copies of the staff's recommendation, conditions, and Development Standards to the applicant and they have no objections to these. 880688 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Louis Rademacher that the following resolution be introduced for passage by the Weld County Planning Commission. Be itww?si the Weld ' County Planning Commission that the application for: CASE NUMBER: USR-836 1k,r di JUN231988 NAME: Barbara McMynn and Michael Laage ADDRESS: 740 37th Street, Boulder, CO 80303 eg,ea!�. crat®. REQUEST: A Site Specific Development Plan and a Special Review-permit for a Children's Shelter Home in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the SW} of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles east of Weld County Road 1 on State Highway 52; approximately 2 miles north of the Town of Erie be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. The Town of Erie Planning and Zoning Commission, in its referral response dated June 7, 1988, indicated the request does not conflict with their interests and the property in question is not in their Comprehensive Planning area. - The proposed use is consistent with the intent of the Agricultural zone district and is a use similar to uses listed as uses by special review. - The proposed use is compatible with the existing surrounding land uses which include oil and gas production, gravel mining, pasture, and other residences. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. Special Review permit development standards will ensure continued compatibility with the surrounding land uses. No objections have been received from surrounding property owners. 880688 X/1/13/ T Barbara McMynn and Michael Laage June 21 , 1988 Page 2 - The proposed site is located in the Flood Hazard overlay district. Special Review permit development standards address overlay district requirements. - Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation _for approval is conditional upon the following: 1. The attached Development Standards for the 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. 3. Prior to operating the facility, the applicants shall apply for and obtain a Specialized Group Home license from the Weld County Department of Social Services. 4. An ISDS Evaluation by the Weld County Health Department shall be performed on the existing septic system. Prior to the ISDS evaluation, the septic system shall be reviewed by a Colorado Registered Professional Engineer, and a copy of the review submitted to the Weld County Health Department. 5. Prior to recording, the Special Review permit shall be amended to show: A 75-foot sight-of-way reservation from the centerline of State Highway 52. The consolidation of the access to this site and the 30-foot access easement on the east boundary of this parcel to show one access only to the parcel. 880688 Barbara McMynn and Michael linage June 21, 1988 Page 3 Motion seconded by LeAnn Reid. VOTE: For Passage -Against Passage ZeAnn Reid Louis Rademacher Paulette Weaver Ann Garrison Lynn Brown The Chairman _declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF _COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, _do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on June 21, 1988, and recorded in Book No. XI of the proceedings of the Planning Commission. Dated the 22nd day of June, 1988. X01 Cc.c -Bobbie Good Secretary 880688 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVI-EW PERMIT DEVELOPMENT STANDARDS Barbara McMynn and Michael Laage USR-836 1. The Special Review Permit is fora Site Specific Development Plan and a Special _Review permit for a Children'-s Shelter Home 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 hereon. 2. Approval o₹ this -plan may create a vested property right pursuant to Article 68 of Title 24 C.-R.S. , as amended. 3. The applicants shall comply with the requirements of the Maximum Rules and Regulations for Speci-aliz-ed Group Facilities issued by the Colorado Department of _Social Services and the procedural guidelines issued by the Weld County Department of Social Services. 4. No permanent disposal of wastes shall be permitted on the special review permit site. 5. A Flood -Hazard Development permit shall be applied for by the applicants and approved by the Department of Planning Services' staff prior to the construction of any new structures or the substantial improvement of any structures in the flood plain. 6. All Construction on the property shall to in accordance with the requirements of the Weld County Building Code Ordinance. 7. The -property owner or operator shall be responsible for complying with the Design Standards of _Section 24.5 of the Weld County Zoning Ordinance. 8. The property owner or operator shall be responsible Tor complying -with the Operation Standards of -Section 24.-6 of the Weld County Zoning Ordinance. 9. Personnel from the Weld County Health Department, Weld _County Department of Social Services, Longmont Fire Protection District, and Weld County Department of Planning _Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 10. The Special Review area shall be limited to the plans shown -hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the _plans or Standards as shown or stated shall require the -approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County -880688 USR-836 Barbara McMynn and Michael Laage Page 2 Commissioners ibefore such changes from the plans or Standards are permitted. Any -other changes shall be filed in the office of the Department of Planning Services. 11. The property owner or operator thall be sesponsibl-e bor complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be season for revocation of the Permit by the Board of County Commissioners. 880688 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-836 Submitted or Prepared Prior to Hearing at Hearing 1. Application 19 Pages X 2. One application plat 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Referral from State Highway Department X 12. Field cheek from Louis Rademacher, Planning X Commission Member 13. Referral from Division of Water Resources X 14. Referral from Longmont Fire Protection District X 15. Referral from Weld County Department of Social X Services 16. Referral from Weld County Health Department X I hereby -certify that the 16 items identified herein ...ere submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. S further -certify that these items were forwarded to the Clerk to the Board's office on June 23, 1988. 7te ur nt Planner STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME -THIS 13 day of Q v,An_s_ 19c6% . SEAL NOTARY 4BLIC My Commission Expires My Cc"—ss.:n Cxr,!resTeb. 13, i-89 880685 r/t/8/7,A EXHIBIT INVENTORY CONTROL SHEET Case u.5/[,Q-j peczey,te_, Exhibit Submitted By Exhibit Description A. T-wDQJ�'G67 he i !{y •��/I�ait/r �/ I.ero_.1 iZc lit 14,44 ✓y {� p o B• T�CeU�p/JL!//bret �//d 79../ Z[et2zvx, 51 Lte'etl-ire. /1LCD7JJ�l Jt//JP�, C. T�69,-Zh'//, (�B�jiJ9Niadaur. CGG�y7fl4y 9421.thr -2e va ;UT. G. H. I. U. K. L. M. N. 0. 880685 Date: June 21, 1988 CASE NUMBER: USR-836 NAME: Barbara McMynn and Michael Laage ADDRESS: 740 37th Street, Boulder, CO 80303 REQUEST: A Site Specific Development Plan and a Special Review permit for a Children's Shelter Home in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the SW} of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 miles east of Weld County Road 1 on State Highway 52; approximately 2 miles north of the Town of Erie THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS -REQUEST BE APPROVED FOR THE FOLLOWING -REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. The Town of Erie Planning and Zoning Commission, in its referral response dated June 7, 1988, indicated the request does not conflict with their interests and the property in question is not in their Comprehensive Planning area. - The proposed use is consistent with the intent of the Agricultural zone district and is a use similar to uses listed as uses by special review. - The proposed use is compatible with the existing surrounding land uses which include oil and -gas production, gravel mining, pasture, and other residences. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. Special Review permit development standards will ensure continued compatibility with the surrounding land uses. No objections have been received from surrounding property _owners. - The proposed site is located in the Flood Hazard overlay district. Special Review permit development standards address overlay district requirements. - Special Review Development Standards will ;provide adequate protection of the health, safety and welfare of the neighborhood and County. 880688 USR-836 Barbara McMynn and Michael Laage Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 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. 3. Prior to operating the facility, the applicants shall apply for and obtain a Specialized Group Home license from the Weld County Department of Social Services. 4. An ISDS Evaluation by the Weld County Health Department shall be performed on the existing septic system. Prior to the ISDS evaluation, the septic system shall be reviewed by a Colorado Registered Professional Engineer, and a copy of the review submitted to the Weld County Health Department. 5. Prior to recording, the Special Review permit shall be amended to show: A 75-foot right-of-way reservation from the centerline of State Highway. 52. The consolidation of the access to this site and the 30-foot access easement on the east boundary of this parcel to show one access only to the parcel. 880688 STATE OF COLORADO DIVISION OF HIGHWAYS EMt Os P.O. Box 850 ag��s: Greeley, Colorado 80632-0850 (303)353-1232 ".� 8 June 8, 1988 Weld Co. , S.H. 52 Mc Mynn & Laage Dev. Plan 2 Mi . E. of Weld/Bldr. Co. Line on N. Side Hwy. DOH File 45100 Ms. Lanell Swanson Department of Planning Services Weld County 915 - 10th Street Greeley, CO 80631 Dear Ms. Swanson: We have reviewed the Mc Mynn and Laage Site Plan, and we have the following comments: 1. Projected traffic on S.H. 52 indicates the need for a 150-foot total right of way, 75 feet each side of the highway centerline. Additional width to meet the projected need should be protected by reservation or, preferably dedication, as permitted by County regulations. 2. There is an existing driveway to S.N. 52 which is used to serve this property. Since the projected traffic use is expected to remain at a level associated with a single-family residence, no Access Permit is required. However, we note that there is a 30-foot access easement along the east property line. No more than a single access to this property is permitted by the State Highway Access Code. Thank you for the opportunity to review this plan. Please contact Wally Jacobson at 350-2168 if you have any questions. Very truly yours, DOUGLAS RAMES DISTRICT NGINEE J n K. Crier e�� Dist ' ct Planning/Environmental Manager JKC:mbc(WJ) cc: D. Yost Area Foreman File: Crier-Jacobson 880688 JUN I 4 10or C i Fa / JUN 51988 FIELD CHECK Filing Number: USR-836 Date of Inspection: 61) --/t0 -- .22-- Applicant's Name: Mr. Michael Laage and Ms. Barbara McMynn Request: A Site Specifi-c Development Plan and a Special Review Permit for a Childrens' Shelter Home in the A (Agricultural) zone district. Legal Description: Part of the SW} of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado Location: Approximately 2 miles north of the Town of Erie. Land Use: N E �jct_Q S W V •c�Glt �_ Zoning: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: q42-- 4-e n/n 7 --A- e i.--O( : / ,Leff, A-4.- tax C. e 44 a1 /, ate' .fit ter, d fray 5? zr-le. ,e art. l' ,A_A-Le- Mr. Louis J. Rademacher Signature of Board Member 880685 .may ROY ROMER Governor ti O JERIS A. DANIELSON * � i * State Engineer 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 June 14, 1988 Ms. Lanell J. Swanson Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: McMynn Site Plan, USR-836 SW1/4 Sec. 31, T2N, R68W Dear MS. Swanson: We have reviewed the above referenced proposal to use a 13.7 acre tract as a foster home for boys. The proposed water supply source is a well (Permit No. 47505) . We have no objections to this proposal . Sincerely, Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:5660I JUN 2 1 1988 [1 L - _ .. -- Weld CD. Planning tulnmisslen 880688 LAND-USE APPLICATION SUMMARY SHEET Date: June 14, 1988 CASE NUMBER: USR-836 NAME: Barbara McMynn and Michael Laage ADDRESS: 740 37th Street, Boulder, CO 80303 REQUEST: A Site Specific Development Plan and a Special Review permit for a Children's Shelter Home in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the SWI of Section 31, T21V, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approxiately 2 miles north of the Town of Erie SIZE OF PARCEL: 13. 7 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criterion for review of this Use by Special Review 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 agencies: - The Longmont Fire Protection District - The Weld County Department of Social Services - The Weld County Health Department. The Weld County Engineering Department, the Longmont Soil Conservation District, the Town of Erie, and the Weld County Building Inspection Department have no objections to this proposal. Referral responses have not been received from the following: - The Division of Water Resources The State Highway Department No objections have been received by the Department of Planning Services' staff from any surrounding property owners. 886685 47 CJ ( If 44 ,yj 9'- I rat j• /c?! .. 33 33 34 "; \\3 I SI : • Ii .4L• .o•,--ice IS .. Est .:..-..11. .i. �• p ,�, JC 1, _ :,� dill.. kIl I. { r: ` I 30 ro. r us ter ",n• ° •. :C•▪ .•. 1 • pVij . .\ t. ad . \ N - • \ ' .. pso• ▪ C �y. 9njjr ro . � 28x• SdRi0 zt • o, »•$•;4. ,i xv. x/_"( •x xs j. } ... a1 tt :x• 1 1 • / . •SAReOUR '°NOS '_f 5, Wa'n / .\� .[ • 26 • ;�. • " c.Rsa re -Rec I �N� •�P • 1 `• • ._ 1' . c • ' �h // i . • • • • ,. la 24 • ra,o.c"' r1 I of . ,. 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't+� 1k. i 'r-• • O/ - .4-‘... y�.ts„). 8806 8 ,Y✓" M , 1 ] A3U f+ <.r 4 P /M -., 9c "e : /'_ .4i. 1 1-lt -, 1 3 Fit. ".5fi '-r. i s. FIELD CHECK FILING NUMBER: USR-836 DATE OF INSPECTION: May 27, 1988 NAME: Barbara McMynn and Michael Laage REQUEST: A Site Specific Development Plan and a Special Review permit for a Children's Shelter Home in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the SW} of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles east of Weld County Road 1 on Highway 52 LAND USE: N Oil and gas production, pasture, gravel mining E USR-802 - Wilt's custom cabinet shop and residence. Pasture is on SUP-249 granted for gravel mining. S Highway 52, pasture, oil and gas production U Gravel mining, one residence, mobile home park within .5 miles ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The house on this parcel is surrounded by mature landscaping. Access is from State Highway 52, a paved road. The parcel is very flat. The plat should be amended to show a barn and storage shed on the property. d4an 11 J. w son Current P ner 880688 REFERRAL LIST APPLICANT: Barbara McMynn and Michael Laage CASE NUMBER: USR-836 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: June 7, 1988 NO SR NR NO SR NR ✓ X Weld County Health Dept. `r X Engineering Department X Weld County Building Inspection Department c/o Robert Huffman, Chief Building Inspector X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 X State Highway Department P.O. Box 850 Greeley, CO 80632 X Mr. Louis J. Rademacher Planning Commission Member 13184 Weld County Road 13 Longmont, CO 80501 / X Longmont Fire Protection District c/o Mr. William R. Emerson Fire Marshall 9119 County Line Road Longmont, CO 80501 / X Longmont Soil Conservation District 9595 Nelson Road, Box D Longmont, CO 80501 X Weld County Social Services P.O. Box A Greeley, CO 80632 X Mr. Roger Harding Town of Erie P.O. Box 100 Erie, CO 80516 NO=No Objection SR=Specific Recommendations NR=No Response 880688 00NGM0A,f \4W0.9 9= LONGMONT FIRE PROTECTION DISTRICT G , `°°''' y' 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 4OTfO TtON David Dierwiler Conrad Hopp Richard Hicks Mike Holubec,Jr. Felix Owen Wilbur Nuss Fire Chief Director Director Director Director Director 03 June 1988 Ms. Lanell J. Swanson Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Reference: Case Number USR-836 "Childrens Shelter Home" (Residential Board and Care Occupancy) Dear Ms. Swanson: We have reviewed the application and do not have any objections at this time, providing the proposed facility meets the requirements of the Colorado State Department of Social Services and the Longmont Fire Protection District. A fire safety survey is scheduled for June 15, 1988 at 9 AM. Survey was requested by Ms. Barbara McMynn. We will advise you of the findings. Sincerely, William R. Emerson Fire Marshal WRE/w re File (3) 880688 JUN R 19-88 4 ii . ( juN 2 1988 DEPARTMENT OF SOCIAL SERVICES PHONE(303) 352-1551 RaP.O. Box A GREELEY, COLORADO 80632 Willie May 31 , 1988 COLORADO Weld Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Re: Case Number USR-836 To Whom this May Concern: The Weld County Department of Social Services would like to license the Laage- McMynn home as a Specialized Group Home for boys, ages ten to 16 with average ages of 12 to 14. The home would be licensed for 12 boys with an average of six to eight boys in placement. As a Specialized Group Home, the group home owners must comply with the Maximum Rules and Regulations for Specialized Group Facilities issued by the Colorado Department of Social Services and by procedural guidelines issued by Weld County Department of Social Services. The home would be supervised by this worker. This home would benefit the youth of Weld County by providing a program in close proximity to their families. This program will reduce cost to the county in foster care payments by preventing placements out of the county in high cost residential placements. Please approve this permit. Sincerely, ( , C7( ;CzAPC� Jo Pse A .ernatives to Placement Approved: Social Caseworker IV �-�Csue_/'Lfc�'�l2!I�Y� Eu McKenna Di e'ctor JH:jd 880688 esti(ft, � f71.,ii ORAnDUM Ell e. To Weld County Planning May 31, 1988 Da: COLORADO Health Protection Services Case Number: USR-836 Name: McMynn & Laage Subject Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. The Division requires that the applicant -provide evidence that the appropriate permit to operate a children's shelter home has been issued prior to operating the home as proposed. 2. No permanent disposal of wastes shall be permitted at this site. 3. 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. G:CYj ..,i o If. �I 1i' AY A 1 198 ; �i'I i IvCO 'tirr,",t� „uui!s:am 304 C")?0989 DEPARTI\ IT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 915 10th STREET f \ *IR GREELEY,COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, June 21, 1988, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and Special Review Permit for the property and the purpose described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Barbara McMynn and Michael Laage LEGAL DESCRIPTION: Part of the SW} of Section 31 , T2N, R68W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: A Childrens' Shelter Home LOCATION: Approximately 2 miles north of the Town of Erie. SIZE: 13.7 ACRES, MORE OR LESS The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on June 21 , 1988. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Ann Garrison, Chairman Weld County Planning Commission To be published in the Platteville Herald To be published one (1) time by June 1 , 1988 Received by: 9/ 7119 / /G Date: S �2 n L.inJAS-ten 6813 SURROUNDING PROPERTY OWNERS USR-836 Barbara McMynn and Michael Laage Fred L. Spallone, Incorporated Highway 287 and Midway Boulevard Broomfield, CO 80020 Robert and Joan Anselmi 683 West Crestline Avenue Zittleton, CO 80120 Joseph R. Becky 6750 Stapleton Drive South Denver, CO 80216-6625 Gene and Carolyn Bulthaup 698 Highway 52 Erie, CO 80516 Richard and Joan Armstead Route 1 , Box 220-A Erie, CO 80516 Wendell and Cheryl Wilts 649 Highway 52 Erie, CO 80516 880S8Q MINERAL OWNERS AND LESSEES OF MINERALS USR-836 Barbara McMynn and Michael Laage Mr. Michael Laage 7430 37th Street Boulder, CO 80303 Ms. Barbara McMynn 7430 37th Street Boulder, CO 80303 The Vessels Company 600 South Cherry Street, #1220 Denver, CO 80222 Ms. Carol Martin 379 Highway 52 Erie, CO 80516 APPLICATION USE BY SPECIAL REVIEW 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 hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Ipt.zIti Section 31 T 2 N, R AA W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) 379 Hwy 52 Erie CO 80516 PRESENT ZONE Agricultural OVERLAY ZONES none TOTAL ACREAGE 13 .7 PROPOSED LAND USE yi cul tural Sp.e_cia1 i zed_ arnnn home -Poster flare EXISTING LAND USEAgriCllltIlra - SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Barbara MCMvnn & Michael Laage Address: 740 37th St . city Boulder CO zip 90303 Home Telephone # 44Q-4338 Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # Name: Address: City Zip Home Telephone dk Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Address: City Zip Home Telephone # Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Barbara McMynn Sc Michael Laage Address: (40 5(th St . city Boulder CO zip 80303 Name: Carol A. Martin (Lessee— Vessels Co . ,600 S .Cherry St .#1220 Denver CO Address: 579 Hwy_52 city Erie CO zip 80516 80222 ) Name: Vessels Company Address: 6(JO S . Unerry bt . ld2() City Denver c0 Zip o0c22 I hereby depose and state under the penal.ities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. / COUNTY OF LrTLD _) STATE OF COLORADO ) 'J dl Signature: Owner of Authoriz Agent •Subscriber and sworn to before me this i / day of !)-8L/ 19 A34:-'' SEAL 7 - / —( NOTARY PUBLIC ) � ( & 53 rust-- )/9 My comu;i vs ion expires �' I . ,�' 880688 Application tiir Special Use Fermi t The following is a description of the proposed operation and use . We are requesting approval to open a Specialized Group Home for 5 - 12 immature unattached boys 3 - 15 years old who have been abused and/or neglected. These are children in need of supervision and nurturing. Weld County does not now have this type of home for this specific population . The Weld County Social Services Department has expressed a need for this fac i 1 i ty in this area. Surrounding properties consist of gravel pits to the east , and north . A strip of agricultural land to the west (approximately 468 feet wide) , then more gravel pits. cmerties across ;-re road to the south , southwest and southeast are dr land agriculture . Resident . si struct .r•es. are found 850 feet east , 00 feet west , 2 miles north and 1/2 southeast . The maximum number of children that could be served is 12 . The usual occupancy average would be 6 - 7 boys.YS■ There would be a staff c f persons shifts . t =.Cr n•= rotating-over Care would be on a 24 hour residential basis. The water wi l 1 be provided r7 private we -_ ' 'r safe by : the Health Department . r,c c e s s 1A 1 l be bY H i r=lhi a, 5 . Vehicular traffic r.,;rrrui :-' be ordinary household trafy: r = large -Family. Tr anspor*-ti. : orr wou i % be by a personal van anC pub' i c school bus to school . Sewage fa.c i l i t i es sre a r_rr• i r,!.ate =e Q t i ■ certified _ry the Hearth Department . Fire protection would be zIro:v i ,ded by the Longmont Rural Fire Department . The proposed u s e would not involve any concentration of animals. s-ie will have 4-5 farm yard animals . Debris and waste disposal will be only ordinaryhousehold trash deposited in metal dumcr=.ter daily and picKea up wreeki •. by commercial trash removal services . L.and=.catr i ng plans a.nd erosion control measures include ! :'aving all acres not included in house Yard to =:e left in a l f a.l f a as they a r•e n Ow. The house- yard is now planted in mixture of lawn grasses and will be maintained as it is. 880688 Remodeling is planned to finish the interior wall = of the garage , install windows and add a shower _stall to one bathroom which will take about 2 weeks . Allowing 2 more weeks for clean up and painting, we would be ready to open the '=,Stec i • 1 zed Group Home in one month . We propose to build a garage. shop building with an expected completion date of August 198; . 3. Sup_porting document = This proposal is consistent with Weld County Comprehensive Plan . It will not change land use for agriculture as it is at is s present time . Our only impact will be unrelated +_hi i/Iran ; virtue• in the present house . The aor i c'.:l tural land is now planted in alfalfa and will be maintained s.s i s. The proposal is consistent wi th the intent of the district in which it is located: regarding health , safety and we i - -•e of the inhabitants of the neighborhood and the county. The _-, i l ur'ert will be under close supervision by qualified per=ane 1 i . *This will be an asset to th9 community by offering care end supervision for this specific population . The a.r:!_ -se will be co t i r _ - .,r 1 •-t•t. cued as I s. r+gr i '_u i *.ur•� � t.rf. ;_.� to i s property i s now i .r tad i n i f i f will l be la. such . 1N t .a_ .�. •�. and rd G'1 � rr i i t � :. I rl G�t� _.� The existing land use ::f the adjacent properties : - ; ,des gravel pits ( SUP 249: on the east and north . The-•e ! s _ agricultural land 468 feet wit e to the west - -r. =:. - r� � then r►_tr,_, _. a t• wes . SF. 630) . Pro rert i ec. across the road to the _. 1utr; . �t southwest and southeast are dr'vland .agriculture . Our special use request is to house the boys in a farm home atmosphere in the house rtni.�1 i �_r_:.ted on the Property. This property is outside the Airport overlay dist- ' : t It is located in the flood - �d plain ..a i n . I t i s shown ctui n t�r, the,La t -,_.:_ . _t:t;i t= Hazard Area Map , however , the -_t-s__ property is not in a :she that would be ._[--e/_ted by subsidence . 880688 c�c-vg DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant : Carol A. Martin Case SSE-332 en O Legal Description: Part of the SW; of Section 31, T2N, R68W of the 6th • o U P.M., Weld County, Colorado 0 i-io Criteria Checklist Meets Criteria a o W Yes No NA O2 _ co cc `" W X 1 . The proposal is consistent with the policies 0 of the Weld County Comprehensive Plan. U X ' : a 2. The boundary change or temporary use location o - which would be allowed on the subject property by granting the request will', be compatible '4 x with the surrounding land uses. ' a w a X 3. In those instances when used pursuant to mu Section 9-3 B. a z (2) of the Weld County N CO oH Subdivision Regulations, the request is the best alternative to dispose of existing a improvements in conjunction with the companion up a kecorded Exemption.cow ow tap en z APPROVED N F4 o Subdivision Exemption is approved in accordance with information submitted zCJ c4 in the application and the policies of the County. The Department of Planning Services has determined through its review that the standards of o m Section 9-3 E. of the Weld County Subdivision Regulations have been met. al el .ti N �Ck ,> By Date March 22, 1988 C e P n., r' 886688 _ 880230 LEGAL DESCRIPTION SE-332_ (LOT "A" ) A tract of land in the Southwest Quarter of Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado; said tract being more particularly described as follows: Beginning at the South Quarter corner of said Section 31 : Thence along the South line of the Southwest Quarter of said section, • 888°50'00"W, 390.08 feet and with all bearings contained herein .relative thereto: Thence NOO°06'00"E, 1,534 .05 feet; Thence N88°50'00"E, 390.08 feet; Thence SOO°06'00"W, 1,534 .05 feet to the Point of Beginning; Thus described tract containing 13.734 acres, more or less. SUBJECT TO the right—of—way for Highway No. 52 along the South boundary of said tract. AND SUBJECT TO A 16.5 foot easement to Mountain States Telephone & Telegraph Company, location not specified, recorded April 20, 1957, in Bock 1475, Page 552 AND SUBJECT TO a 30 foot access easement West of and adjoining the East boundary of said tract. LOT "B" A tract of land in the Southwest Quarter of Section 31, T2N, R68W of the 6th P.M., Weld County, Colorado; said tract being more particularly described as follows: Beginning at the South Quarter corner of said Section 31, from whence the Southwest corner of said section bears S88°50'00"W and with all bearings contained herein relative thereto: Thence NOO°06'00"E, 1,534.05 feet to the True Point of Beginning; Thence S88°50'00"W, 390.08 feet; Thence NOO°06'00"E, 1, 114 .40 feet; Thence N88°07'00"E, 390.23 feet; Thence SOO°06'00"W, 1, 119.28 feet to the True Point of Beginning; • Thus described tract containing 10.000 acres, more or less. SUBJECT TO a 16.5 foot easement to Mountain States Telephone & Telegraph Company, location not specified, recorded April 20, 1957, in Book 1475, Page 552. AND TOGETHER WITH an access easement along and across the East 30 feet of the South 1,5.34 .05 feet of said Southwest Quarter, Section 31. 880688 SHEET 2 OF 2 _SUBDIVISION EXEMPTION : AFTER DESCRIPTION LOT "A" I I A tract of' land in the Southwest Quarter of Section 31 , 172N, R68W of the 6th P.M. , Weld County, Colorado: said tract heinc more particularly described as follows: J Deginnino at the South Quarter corner of said Section 11 : N 88°070 O"E thence along the South line of the Southwest Quarter of o 0 said section; S88°50'00"W, 390.08 feet and with all hearings N 390.23' contained herein relative thereto: thence NOO°06'OD"E, „ „ 1534.05 feet: thence N88°50'OD"E, 390.08 feet: thence LOT B 500°,06'00"t1, 1534.05 feet to the Point of Beginning ; thus, described tract containing 13.734 acres more or less . 10.000 Acs. SUBJECT TO the right-of-way for Highway No. 52 along the South boundary of said tract. l" = 400' - 2 AND SUBJECT TO a 16.5 foot easement to Mountain States a tp a Telephone & Telegraph Co. , location not specified , recorded _ iv April 20, 1957 in Book 1475, Page 552. — co cn o >- o AND SUBJECT TO a 30-foot access easement West of and 1' cc I-I- adjoining the East boundary of said tract. w S88°5000 W p 390.08' Q DESCRIPTION LOT "L" Q. 00 cn = w A tract of land in the Southwest Duarter of Section 31 , w No F- H T2N, R68W of the 6th P.M. , Weld County, Colorado : said . 0 I o tract beino more particularly described as follows: ° z ( o I- I O Beginning at the South Quarter corner of said Section 31 , b LOT A oo ff 3 from whence the Southwest corner of said section bears 0 ' 0_ S88° 0' 00"4! and t ith all bearings contained herein relative 13.7344cs. thereto; thence NOO°06'00"E , 1534 .05 feet to the True Point of Beginning; thence S38°50' DO"V, 390.08 feet; thence I m w NO 0°06'00"E, 1114.40 feet; thence 1188°07' 00"E , 390.23 I N o feet; thence SOO°06'00"t1, 1119.28 feet to the True Point in 1 m n of Becinning : thus described tract containing 10.000 acres o w i rrnn r) more of less. n m AI a cmn ui of —I u, cn SUBJECT TO a 16.5 foot easement to Mountain States 3 Telephone & Telearaph Co. , location not specified , = I recorded April 20, 1957 in Book 14.75, Page 552. a I J AND TOGETHER WITH an access easement along and SEC. 3 OR o I across the East 30 feet of the South 1534.05 feet —6—__=7. ,‘ 39 0.08" i of said Southwest Quarter, Section 31 . ° _ _—0 _ _— 586°50'00"W S1/4COR. ' SEC 31 CERTIFICATE I hereby certify that a survey of the tract of land indicated hereon was performed under my supervision during the month of March , 1988 and the plat, as shown , was prepared by me and correctly shows the results of said survey. 7Y/Bali S� - 'mom MERLE D. J ISM! �'> o �;Y�h,,5 REGISTERED LAND SURVEYOR °•rte or , •� L.S. 6716 c7 1 6 ,� ) OWNER: CAROL A. ilARTIN „'6 yuu '4fteeta> 880688 JOHNSON & ASSOCIATES LAND SURVEYORS 1 6 COPNELL DRIVE LOJGMQNT, COLD:)AIiO 772-6900 of l4 /�� Vie-≥ �2 —2 7 V3 PROPERTY IMPROVEMENT SURVEY Par/of'fhe Svv%g ofsec. 3/re/t<,teadr re, oft%e jor�izor c fl"A','>, eitd of t Co%r.Ddo. • 'e" /VB8oS0'00"!y /BO. DO p A 'c'ne / -I\ A I1/ Pin a(9 N� 3, �6 sr tin I4/ o , o 0y�fa a ' I00, Q 2•4 IS% '& N Ty;hQI a a 0 %o I6 (Di • 0 � a) X9 0 0 N P it g0 0 . o • M 0 • u . Q�.40 Fovrlo/ 2 �,'oriilol `j fir;. X 2.20 � /air, 87.07 L U PL VMS:5 N/A/ER.94 ..20-4:0O \Nt .. Sr9r6 /1-6144 py 465a /O.OS /80.00 �� S SS SO'00"W SOG-'7W e..,wC, Sec 3/- 2-4.8 LEGAL DES CRIPTI0r; A tract of land in the Southwest Quarter (MIL,) of Section 31, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, more particluarly described as follows: Commencing at the South Quarter Corner (Sj—,tor) of Section 31, Township 2 North, Range 68 West of the 6th P.M.; Thence South 88 50'00" West, 210.08 feet along the South line of said Section 31, to the True Point of Beginning; _ Thence South 88 50'00" West, 180.00 feet along the South line of said Section 31; Thence North 00 06'00" East, 242. 10 feet parallel to the East line of the Southwest. Quarter (S',. ) of said Section 31; Pins Found — ❑ Thence North 88 50'00" East, 180.00 feet parallel to the Pins Set — p South line of said Section 31; Thence South 00 06' West, 242. 10 feet parallel to the East 111 rir of I hr Srtuthurr^.t C1iin-I n r'r •-n: A Sort ion 31, to the True Point o`_ DATE OF SURVEY SURVEYOR'S CERTIFICATE Beginning. - March 4, 1972 1 hereby certify that a field survey was conducted, under my supervision on this date, of the above described property, and that all building improvements, easements, REVISED rights-of-way in evidence or known to me are correctly shown on the above plat. I further certify that there are no encroachments by and/or on this property, unless otherwise noted. This plat should not be used for the location of future permanent ' Improvements. •• Q��-.•;.E('1STUrUe,l •°•::, Bo�.� Y l • '•Y JASPER FREESE • a y e Colorado P.E. and L.S. No. 4392 4 3 9 2 » `: 88 688 r°I°J'/••��rClr(f"'�;:•"v��;` FREESE ENGINEERING PROJECT NO. °'lie "•°° 0s.� Engineering Consultant Phone: 352-0100 815 16th Avenue, Greeley, Colorado 1 2-12 °°°'"r u,-41#1,,ii;n i`1,`� 97 5 r, 9890ee c c N Z '1I N I 1 • L v ' o a a -a a _ a o .�.. b ex \ , m a. el .„, I . 'N MJl/O _ I H HiN n _.. N _.. o. cm m fh W-I'J N w • [v a 4 H3iio a .. m v T ,.: e t,,..h, 4.m aIt i O N 3 a s o j, N ..s'.. Q _. ,.„,. y m N CO S Ix N .- N o ` a m n it) CO I O I v ro a �� N . a eoi y v o\ , a !j O CI a N00, ... \ ( ao `mi l to -------- c‘}) oy>yo oN aI LID - CC N Q \ m o� a a o \)\\ / \ \ � vi, N e \� I to n a a 2mo _ � 1 co m \ ^' 1 O � 4 III _ ^ o� \ em to- ll N 6 CO v OD Hi in ( 1.01 i O a co m , �y m '^ in Aldo 4. > '+'>� a 8 0 n o\N 6s,o N in el 00 tv_ a.n — • — N - a �� m� — n } < a a ..tn- I S SOIL SURVEY filter the leachate. Sewage lagoons require sealing. 60 percent of the unit. Aquents, which have a lighter Lawns, shrubs, and trees grow well. Capability subclass colored surface layer, make up about 35 percent. About 5 lIs irrigated. percent is Aquepts and Bankard sandy loam. 2—Altvan loam, 1 to 3 percent slopes. This is a deep, These are deep, poorly drained soils that formed in well drained soil on terraces at elevations of 4,500 to 4,900 recent alluvium. No one pedon is typical. Commonly the feet. It formed in old alluvium deposited by the major soils have a mottled, mildly alkaline to moderately al- rivers. Included in mapping are small areas of soils that kaline loamy or clayey surface layer and underlying show evidence of poor drainage. Also included are small, material and are underlain by sand or sand and gravel long and narrow areas of sand and gravel deposits. within 48 inches. In places they have a gleyed layer in the Typically the surface layer of this Altvan soil is grayish underlying material. brown loam about 10 inches thick. The subsoil is brown Most of the acreage is subject to flooding. The water and light yellowish brown clay loam and sandy clay loam table is at or near the surface early in spring and recedes about 14 inches thick. The substratum is calcareous loamy to as deep as 48 inches late in fall in some years. sand about 5 inches thick over gravelly sand. These soils are used for rangeland and wildlife habitat. Permeability and available water capacity are Some small areas have been reclaimed by major drainage moderate. The effective rooting depth is 20 to 40 inches. and leveling and are used for irrigated crops. Surface runoff is medium, and the erosion hazard is low. The potential native vegetation is dominated by alkali This soil is used almost entirely for irrigated crops. It sacaton, switchgrass, and western wheatgrass. Saltgrass, is suited to all crops commonly grown in the area, includ- sedge, rush, and alkali bluegrass are also prominent. ing corn, sugar beets, beans, alfalfa, small grain, potatoes, potential production ranges from 3,000 pounds per acre in and onions. An example of a suitable cropping system is 3 favorable years to 2,000 pounds in unfavorable years. As to 4 years of alfalfa followed by corn, corn for silage, range condition deteriorates, the switchgrass, alkali sugar beets, small grain, or beans. Land leveling, ditch sacaton, and western wheatgrass decrease and saltgrass, lining, and installing pipelines may be needed for proper sedge, and rush increase. water application. Management of vegetation should be based on taking All methods of irrigation are suitable, but furrow ir- half and leaving half of the total annual production. Seed- rigation is the most common. Barnyard manure and corn- ing is difficult and costly because numerous tillage prac- mercial fertilizer are needed for top yields. tices are required to eliminate the saltgrass sod. Windbreaks and environmental plantins of trees and Switchgrass, western wheatgrass, alkali sacaton, tall shrubs commonly grown in the area are are generally well wheatgrass, and tall fescue are suitable for seeding. They suited to this soil. Cultivation to control competing can be seeded into a clean, firm seedbed. Seedbed vegetation should be continued for as many years as preparation usually requires more than 1 year to possible following planting. Trees that are best suited and eliminate the saltgrass sod. A grass drill should be used. have good survival are Rocky Mountain juniper, eastern Seeding early in spring has proven most successful. redcedar, ponderosa pine, Siberian elm, Russian-olive, and Wetland wildlife, especially waterfowl, utilize this unit. Mayb Siy. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. The wetland plants provide nesting and protective cover, This soil can produce habitat elements that are highly as well as some food. The nearby irrigated cropland, suitable for openland wildlife including pheasant, cotton- where wildlife obtain much of their food and find protec- tail, and mourning dove. Such crops as wheat, corn, and tive cover, makes this unit valuable to both wetland and alfalfa provide suitable habitat for openland wildlife, openland wildlife. especially pheasant. Tree and shrub plantings and Openland wildlife, especially pheasant, use this unit for undisturbed nesting cover would enhance openland wil- cover and nesting. Deer find excellent cover in some dlife populations. areas. This Altvan soil has fair to good potential for urban These valuable wildlife areas should be protected from and recreational development. The chief limiting soil fea- fire and fenced to prevent encroachment and overuse by tures for urban development are the shrink-swell poten- livestock. They should not be drained. tial of the subsoil as it wets and dries and the rapid These soils have good potential as a source of sand and permeability of the sand and gravel substratum. Septic gravel. Capability subclass VIw; Salt Meadow range site. tank absorption fields function properly, but in places the •0 Aquolls and Aquepts, flooded. This nearly level substratum does not contain enough fines to properly map unit is in depressions in smooth plains and along the filter the leachate. Sewage lagoons require sealing. bottoms of natural drainageways throughout the survey Lawns, shrubs, and trees grow well. Capability subclass area. Aquolls, which have a dark colored surface layer, Ile irrigated. make up about 55 percent of the unit. Aquepts, which 3—Aquolls and Aquents, gravelly substratum. This have a lighter colored surface layer, make up about 25 nearly level map unit is on bottom lands and flood plains percent. About 20 percent is soils that are well drained of all the major streams in the survey area. Aquolls, and soils that have sandstone or shale within 48 inches of which have a dark colored surface layer, make up about the surface. 880688 ..,y:.--•2/.1.` i, . _ , _ _ _ v - WELD COUNTY, COLORADO, SOUTHERN PA-RT f• These are deep, poorly trained soils that formed in If summer fallowed in alternate years, this soil is we': recent alluvium. No one pedon is typical. Commonly the suited to winter wheat, -barley, and sorghum. Winter soils have a mottled, mildly to moderately alkaline loamy wheat is the principal crop. The predicted average yield is or clayey surface layer and underlying material that ex- 33 bushels Ter acre. If the crop is winterkilled, spring tends to a depth of 60 inches or more. In places they have wheat can be -seeded. Generally precipitation is too low a gleyed layer in the underlying material. for beneficial use of fertilizer. Most of the acreage is subject to excessive runoff. The Stubble mulch farming,striperopping, and minimum til- water table is at or near the surface in spring and during lage are needed to_controlsoil blowing-and water-erosion. the peak of the irrigation season. Terracing also may be needed to control water erosion. These soils are used for-rangeland and wildlife habitat. The potential native vegetation on this range site is -Some small areas are irrigatedpasture. dominated by sand bluestem, sand reedgrass, and blue The potential native vegetation is dominated by -grama. Needleandthread, switchgrass, sideoats grama. switchgrass, prairie cordgrass, saltgrass, alkali sacaton, and western wheatgrass are also prominent. Potential big bluestem, indiangrass, western wheatgrass, slender Production ranges from 2,200 pounds per acre in favora- wheatgrass, sedge, and rush. Cattails and bullrush grow ble years to 1,800 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, sand reedgrass in the swampy spots associated with these range sites. Potential production ranges from 4,000 pounds per acre in and switchgrass decrease and blue grams, sand dropseed. favorable years to 3,000 pounds in unfavorable years. As and sand sage increase. Annual weeds and grasses invade range condition deteriorates, the tall and mid grasses the site as range condition becomes poorer. Management of vegetation should fie based on taking decrease, production drops, and saltgrass, sedge,and rush increase.The farming and irrigation in adjacent areas has half and leavin half of the-total annual production. Seed- increased the amount of salts on much of the acreage. ing is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats grama. Management of vegetation on this soil should be based blue grama, pubescent wheatgrass, and crested wheat- on taking half and leaving half of the total annual produc- grass are suitable for seeding. The grass selected should tion. -Switchgrass, big bluestem, indiangrass, western wheatgrass, pubescent wheatgrass, intermediate wheat- seeded the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can bt grass, tall wheatgrass, and tall fescue are suitable for drilled into a firm prepared seedbed. Seeding early in. seeding. The plants selected should met the seasonal spring has proven most successful. requirements of livestock. -For-successful seeding, a firm Windbreaks and environmental plantings are generally prepared seedbed is needed. A grass drillshould be used. suited to this soil. Soil blowing, the principal hazard in Seeding early in spring has proven most successful. Til- establishing trees and shrubs, can be controlled by col- lage is needed to-eliminate the undesirable vegetation. tivating only in the tree row and by leaving a strip o: Wetland wildlife, especially waterfowl, utilize this unit. vegetation -between the rows. _Supplemental irrigation The wetland plants provide nesting and protective cover may be needed at the time of planting and during dry as well as some food. The nearby irrigated cropland, periods. Trees that are best suited and have good surviva: where wildlife obtain much of their food and find protec- are Rocky Mountain juniper, eastern redcedar, ponderosa tive cover,makes this unit valuable to both wetland and pine, Siberian elm, Russian-olive, and hackberry. The openland wildlife. shrubs best suited are skunkbush sumac,filac, and Siberi- Openland wildlife,especially pheasant, use this unit for an peashrub. cover and nesting. Deer find excellent cover in some Wildlife is an important secondary use of this soil. The areas. These valuable wildlife areas should be protected cropland areas provide favorable habitat for ring-neckeo from fire and fenced to prevent encroachment and pheasant and mourning dove. Many nongame species car. overuse by livestock. They should not be drained. Cana- the attracted by establishing areas for nesting and escapr bility subclass Vsw; Aquolls in Salt Meadow range site, cover. For pheasants, undisturbed nesting cover is essen- Aquepts in Wet Meadow range site. tial and should be included in plans for habitat develop 5—Ascalon sandy loam, 1 to 3 percent slopes. This is -ment. Rangeland wildlife, for example, the pronghorn an a deep, well drained soil on uplands at elevations of 4,600 telope, can be attracted by developing livestock waterin_ to 5,200 feet. It formed in alluvium. Included in mapping facilities, managing livestock grazing, and reseedin: are small areas of rock outcrop. where-needed. Typically the surface layer is brown sandy loam about few-areas of this Ascalon soil are in major growth an: 10 inches thick. The subsoil is pale brown and yellowish urbanized centers. The shrink-swell potential of the sub brown sandy clay loam about 15 inches thick. The sub- soil as it wets and dries is the most limiting soil featur. stratum to a depth of 60 inches is calcareous fine sandy that must be considered in planning homesites and cop loam. strutting roads. Capability subclass IIIe nonirrigatei: Permeability is moderate. Available water capacity is Sandy Plains range site. high. The effective rooting depth is 60 inches or more. 6—Ascalon sandy loam, 3 to 5 percent stapes. This L Surface runoff is slow, and the erosion hazard is low. a deep, well drained soil on uplands at elevations of -1 et - 88068$ sr� ,, _., _ . .: =ax, ran. '? fv_�2.a . ;k•.:hh hl A h:5h'he',r *,, ,.'. a• , W o , STATE OF COLORADO �5yT89;p,,, Index 'Jo. ,' 191 I. DIVISION OF WATER RESOURCES e2 4 IDWD /1" F(o {_ Ve,) 1 OFFICE OF THE ST E ENGINEER �- SEP1971 pc RECEIVEC Yield MAP AND STATEMENT FOR WATER WELL FILING - Imamlt REsouRc Ch ed eck By :SrATE ENGINEER - PERMIT NUMBER 4750.5 cc-- .COtp, SLITS )F COLORADO ) SS WELL LOCATION `S2 n£Z22\ CLAIMANT (s) Donal i Ti Martin Weld County 122 So. Saulsbury Lakewood, Colo 80226 SF ''A of Sw 'A, sec.being .'uly sworn upon oath deposes and says that he (they) is (are) the owner (s) of the well described hereon; the total number of acres T. 2N R 68w 6th P.M. of Ian,] irrigated from this well is !Tong • work was commenced on this well-by actual construction on the INDICATE WELL LOCATION ON DIAGRAM 30 day of Jbltr. 19 1; the sustained NORTH I I yield from said well is 15 gpm, for which claim is hereby made I +--- I for 'tcr3stic ' purpose (s); ---- - I I--- I I the average annual amount to be diverted is N. A. I I m D w ' I I — anti-feet; this map and statement is filed in compliance with law; 3I m he ithev) has (have) read the statements made hereon; knows the I content thereof; and that the same are true of his (their) own knowledge. ,,, L I I J I I I Signature (s) ''( .(-11/. /.//e. , - '' �� I II I Address:/2--2 "//7 a G`�'y/�L-yever SOUTH WELL SHALL BE LOCATED WITH REFERENCE TO GOVERNMENT SURVEY CORNERS OR MONUMENTS, Subscribed and sworn to before me on this 1-iv day • OR SECTION LINES BY DISTANCE AND BEARING. of v// s eG, 19 7/ N. 4. ft.-from N. ft section line. • r ,fyly Commission expires Feb. 3t 197$ (North or South) My Commission expires•'• - d (Seal(Seal) /_ // N. A. ft. from N. A. section line. ) (East or West) Notary Public Ground Water Basin WELL DATA Water Management District N:' li; ?'- Date Completed T,+1.. 1971 3 nDomestic wells may be (ocated,by-the following: Static Water Level 6 i LOT N. '1 BLOCK „T. p Total Depth of Well • 401 SUBDIVISION TT. A_•'r FILING N F. 1, .__ , ACCEPTED FOR FILING IN THE OFFICE OF THE STATE ENGINEER OF COLORADO ON T-HIS DAY .. OF , 19 STATE ENGINEER 880688 8 FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must be an original copy on both sides and signed.WHITE AND GREEN copies must be filed with the State e....:_,,,,_ ...:“..z... 111 .4,,---. ..... .. .. . y➢d,.... ., .'..,'v ,.^w-'",v '.Uvm;a�M`7*gym es3..,eu^_^s...iac.Hf6:$a:m.‘L-r..1e ve 2sasA1at,I -tt-+ n4... WELL LOG I WELL DATA From To Type& Color-of Material Water Loc. Type Drilling rn-ni n mnn, e- _ 0 8 Top Soil HOLE DIAMETER: 8 27 Sand & Gravel 8 to 27 X 27 40 Sandy shale very hard 9 in. from 0 ft. to_;______ft in. from ft. to ft in. from ft. to ft ' CASING RECORD - - Plain Casing 6 /8" OD steel Size_, kind from 0 ft. to__'i'. ft Open hole 30' to .' ) ' I Size_, kind from ft. to _ft Size_, kind from ft. to ft Perforated Casing " OD Stee 6 ize_, kind 1 from i3 ft. to ft Size_, kind from ft. to f' Size—, kind from ft. to f GROUTING RECORD Material Cenert Intervals d' to 10' Placement Method TM,�rPa GRAVEL PACK RECORD • Size Interval • - TEST DATA Date Tested -July 30, .1.971 - Type of-Pump ?L,4 1 ,a,,..+. Length of Test 2 Hours , - Sustained Yield (Metered) Tn 021 -or '`__...':o Drawdown Veinn WELL DRILLERS STATEMENT The undersigned, being duly sworn, xieposes and says: he is the driller'of the well hereon described; he has read the statement made hereor knows the ontent Thereof, and the same is true of his nowledge. Use additional paper if necessary to complete log. \ State of Colorado, County of (1 J[P-1-/- Y 2d5 Thai A. '. orT, s ) ss License No. pp�l�+pp Subscribed and sworn to before me this - day •of ` t 19 My Commission expires ',y Commission , 19 i )t: (., / I R !'. /‘, 1.,-- _ ,a. • . CTF{E 'LOCATION OF THE PROPOSED WELL SHALL BE SHOWN ON THE DIAGRAM BELOW WITH ,REFERENCE TO SECTION LINES OR GOVERNMENT SURVEY CORNERS OR MONUMENTS. - r feet from (North or South) section line feet from (East or West) section line IF WELL IS FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS-HATCHED. This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well . . , • 1 Mile •1 i I I 1 I - , +_ — ± -.- + — ± -.- + -o- + - I I F I 1 I - + — + — + - + — + 1 + - I I I + - + - - + - + - N I I I CI 5 It - + - + - + - + ' - + - + - I I I I I I I + — +. . — + — + — + — + i i 1 ! t I THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE-MILE 880688 DIVI'' DIVISION-OF"ii °R RESOURCES, DEPARTMENT OF NA"'RAC RESOURCES $g},"' iy�\ i �. 09 101 Co...mbine Bldg., 1845 Sherman Street, Denver, Co do- 80203 45.‘ � ,,, �s • f _/ A PERMIT TO USE GROUND WATER - AI( 2:,d C a Li./ A PERMIT TO CONSTRUCT A WELL z (v" REPLACEMENT FOR NO. a o zzc C ti APPLICATION FOR: Cl qe mN � it J A PERMIT TO INSTALL A PUMP / / OTHER �8�'129 ;ZV24'2 PRINT OR TYPE ' LOCATION OF WELL APPLICANT Donald L Ila.rtin COUNTY Weld Street Address 122 So. Saulsbury SE ,;, of the Sw 4, sec. 31 City & State Lakewood, Colorado 00226 T. 211 , R. 68w 6,th P.M. Street or Use ,of ground water Dor,nr.tia Lot & Block IL A Owner of land on which well City or is located Caste Subdiv. r •A Filing N. A. Owner of irrigated land pl 4- Ground Water Basin N. A. Number of acres Water Management to be irrigated Penn District N. A Legal description of irrigated land LOCATE WELL ON THE BACK OF THIS SHEET Driller NOJ RIS l: SONS DRILLING CO, No. 245 Other water rights on Driller 's this land N _.A. Address 2GRn c;.•1-H, at- nonldnr, Cele 00502 Aquifer (s) ground water is to be obtained from x 7�Z 6, `��. �? w / C C Gs�3 Signature of Applicant Storage capacity N. A. AF -C-DNDITLDNS-_DE_ fl0VAL- ANTICIPATED PUMPING RATE lJ5 GPM AVERAGE ANNUAL AMOUNT OF GROUND WATER TO BE APPROPRIATED N. A. Acre-feet ESTIMATED WELL DATA Anticipcted start of drilling Tuly po 19 71 - Anticipated start of use pu;uot • 19 71 Hole Diameter: p rj, �� f3:3 _ t 9 in. from 0 ft. to 50 ft.. APPLICATION APPROVED: in. from ft. to ft. VALID FOR ONE (1) YEAR AFTER DATE ISSUED UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO Casing: THE ISSUING AGENCY X 47505 Plain 40 in. from 0 ft. to 5nft. PERMIT NO. CONDITIONAL / / in. from ft. to ft. DATE ISSUED JUL 1 9 1971 Perf . in. from ft. to ft. �--•- /� -: � 4! 1 ` - in. from ft. to ft. �,�^ ____4,5, -:,\I.,._4_4(12-..) ._J( ./ ",\I.'"'�"� ✓ STATE ENGIN .ER 4' ESTIMATED PUMP DATA - 4 �✓(� ' Outlet BY .y.�i_.co, i . r Type HP Size t_____ _ . APPLICATION MUST BE COMPLETED SATISFACTORILY BEFORE ACCEPTANCE 880688 (OVER) ( DEPARTMENT OF HEALTH rc 1516 HOSPITAL ROAD . N.? GREELEY, COLORADO 80631 ADMINISTRATION (303)353-0586 R HEALTH PROTECTION (303) 353-0635 1 . COMMUNITY HEALTH (303) 353-0639 1401 a 'u • LOAN APPROVAL COLORADO Request No: 045-88 Date Received: 4-7-88 Date Forwarded: 4-28-88 Fee Paid: $60.00 Date: 4-21-88 TO WHOM IT MAY CONCERN: Review and inspection report regarding water and the sewage disposal system for an existing dwelling; SEND TO: Carol Martin PHONE # 652-2743 379 Colo. Hwy 52, Erie, Colorado INFORMATION: Address 379 Colo. Hwy 52, Erie, Colorado Legal: PT 8144 , PT , Sec 31 , T 02 , R 68W, Age of House 16 yrs. 1972 Subdivision , Lot , Blk , Filing Property Owner Martin, Carol Original Owner Martin, Donald Tank Pumped on April 14, 1988 By Bob's Sanitation DEPARTMENTAL RECORD SEARCH: Permit # 710559 Name Marten, Donald L. Bathrooms 2} Bedrooms 3 Total Acreage 24 Tank Capacity 1000 gals. Field Size 640 sq. ft. Water Supply PWELL Date of Final Inspection 8-74-71 INSPECTION COMMENTS: Date of Inspection April 76. 1988 Soil Conditions: Dry x Saturated Snow—covered Residence: Occupied x Vacant FINDINGS: Sewage Disposal System: Satisfactory x Other Bacteriological Water -Test: Acceptable x Other COMMENTS: DATE: `741- 74 So SIGNATURE : T nvironinental Healt Specialist Neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property in connection with either its examination of the property or in the report. This inspection was conducted solely for the purpose _of detecting health hazards observable at the time of inspection, and does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspection requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Water sample reports reflect the bacteriological quality of the water supply at the time the sample was taken. 880688 • UNITED STATES OEPARENIENT OF THE INTERIOR GEOLOGICAL SURVEY - CENTRAL LABORATORY. DENVER. COLORADO,/\(\1, WATER QUALITY ANALYSIS LAO ID n 126050 RECORD u 1027 4.14 SAMPLE LOCATION: sBUU206831COC1D L MARTIN STA1 ION ID: 400519105025601 LAI .LUNG.SEO. : 400519 1050256 01 r DATE OF COLLECTION: REG1N-- /70503 END-- TIME--1430 S1 ”IE coDE: uY COUNTY CODE : 123 PROJECT IDENTIFICATION: 460803900 DATA TYPE : 2 SOURCE: GROUND WATER . GEOLOGIC UNIT : 111ALFP COMMENTS: CULL HY F' SCH1LEJDER Not+NO3 AS N 0155 MG/L 1.2 ALrC.TUi (AS CAC03) (4G/1_ 390 PH FIELD 7.5 ( ARSENIC DISSGLVED UG/L U 7.57 E31CAHU:ATE MG/L 470 PROS OkTHO DIS AS P MG/L 0.21 HURON DISSOLVED UG/L 250 PHOSPHATE DIS URTHO MG/L 0 .1 CALCIUM 0155 1b/L 120 POTASSIUM 0I55 MG/1.. CARHUNATE MG/L 0 SELENIUM DISSOLVED L1G/L 1 CHLORIDE DIS5 MG/L 22 SILICA DISSOLVED MG/L 19 ( FLJUMIUE [ASS MU/L 2. 1 SODIUM 0155 MG/L 160 jkUN I,1 SSOLVEU UG/L So SP. CONDUCTANCE FED 3-6i10- MA3•NES1UM UISS MG/L 86 SP. CONDUCTANCE LAP 1670 /`1'd ( MAN6ANESE DISSOLVED UU/L A0 SULFATE 0155 MG/L. 5b0 wAI ER 1EMP (DEG C) 11.0 CATIONS ANIONS r (MA/L) (NE0/L) (MG/L) (MEO/L) 7.704 CALCIur•: DISS 120 5.968 BICARBONATE 470 0.000 MANESIUM U1S5 68 /.JJ9 LARBUNATE 0 ( POTASSIUM U1S5 1 . 1 0.029 CHLORIDE DIS5 22 0.621 SODIUA 0I5S 160 6.960 FLUORIDE DI55 2. 1 0. 111 SULFATE UISS 560 11 .660 f NO2+NO3 AS N 0 1.2 0.086' TOTAL x0.215 TOTAL 20. 179 '�. PERCENT DIFFERENCE = 0.09 r TOTAL Monyvess 6Mo./L) = 666 i 4/04/e-.4 ie 6 a 449 Te //A,ezwess 674/4 2B I j a/SSOL✓F_Z SoL/•0S (Neer/L) _ /y/o • Sod/f/P7 465,0EPT/O4/ tAr/O = 2.7 r,E/eavr So.onm= J V i • 880688 . • WATER ANALYSIS RESULTS Analyzed by: TRIPLE "S" LAB, INC. Analyzed for: APRIL 2j., , 19____7L Name: DON MARTIN Phone _ At Johnson's Corner Address ROUTE 1, BOX 220 B, ERIE, COLORADO 80516 On Interstate 25 Loveland, Colorado 80537 Submitted by SAVE -- Box 678 Phone 303-667-5671 (FIRM) LAB NO. 30523.01 SAMPLE NO. USE: UNIT NO. FIELD OR PEN NO. SOURCE ANALYTICAL RESULTS AS PPM AS MEQ/LITER CLASSIFICATION xx IN PPM CATION EQUIVALENTS 14.9 CALCIUM 83 4.2 700 MAGNESIUM 62 5.2 200 SODIUM 123 5.4 700 POTASSIUM 2 0.1 1400 HARDNF-SS 190 900 ANION EQUIVALENTS 14.7 CARBONATE - - BICARBONATE 507 8.3 CHLORIDE 29 0.8 400 SULFUR 90 5.6 AS SULFATE 270 500 NITRATE NITROGEN NIL 10 BORON 0.11 NITRATE AS KNO3 NIL 70 • CONDUCTANCE 1450 ECX10-6 PH 8.1 SAR 3 SOLUBLE SODIUM % 36 TOTAL DISSOLVED SOLIDS 1080 1500 COMMENTS: meXLEVELS LISTED IN THIS COLUMN ARE THE MAXIMUM AMOUNTS ALLOIED. READINGS BELOW THESE LEVELS ARE SATISFACTORY, HIGHER LEVELS REDUCE EFFICIENCY. 880688 • W909 -- • _ COUNTERPROPOSAL The printed portions of this form approved by the Colorado Real Estate Commission(CP 40-2-81) THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD. LEGAL. TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. RE: Proposed contract for the purchase of property described as: Approxirfately 14 acre tract in SW 1/4 of Sec 31, T2N, R 68N. also known as number 357 Hwy 52, Erie CO 80516 situated in the said County of Weld ,Colorado,dated Feb• 18 19 88 ,between Carol Martin ,Seller, and Michael C. Laage and Barbara A. McMynn .Purchaser. The undersigned Seller accepts said proposed contract,subject to the following amendments: 1) Seller agrees to convey to purchasers 1/8 share of Boulder Weld Ditch Water. Purchasers also agree to pay 1/2 of annual Ditch assessments, to assure their share of maintenance of ditch from main headgate, to agree to cooperate with caner of north ten acres in use of said water. 2) This contract is expressly conditional upon purchasers furnishing a satisfactory credit report to seller within 15 days of acceptance of said contract. 3) This contract is also conditional upon seller obtaining a recorded exemption from Weld County commissioners by May 1, 1988. 4) Seller agrees to accept $10,000.00 in May 1989, and $10,000.00 in May 1990. By • mutual consent the parties may agree to an earlier payoff of first mortgage note. All other terms and conditions shall remain the same.If this counterproposal is accepted by Purchaser.as evidenced by Purchaser's signature hereon. and if Seller receives notice of such acceptance on or before February 24 , 19 88 . the said proposed contract, as • amended hereby,shell become a contract between the parties. • • 0244-111L-? ce , Seller Sellerr y� The foregoing counterproposal is accepted this �'/�/ day of r 'r J� 19 Purchaser Purchaser If this counterproposal is accepted by Purchaserns aforesaid,Seller agrees to pay listing broker a commission of _ 7 ^a of the purchase price for services in this transaction,and agrees that, in the event of forfeiture of payments and things of value received hereunder and under said proposed contract, such payments and things of value shall be divided between Seller and listing broker, one-half thereof to said broker, but not to exceed the commission, and the balance to Seller. • Leta 4 ; Seller Seller 880688 ' N.B. When this counterproposal is used, the said proposed contract is NOT to be signed by Seller. This counterproposal must be securely attached to said proposed contract. ql Copyright 1981, Copies, Ltd. A MEMBER OF THE SEARS FINANCIAL NETWORK 1880 INDUSTRIAL CIR. LONGMONt CO 80501 /"^■ ^�r� l�',l BUS.1/b 4495 E3ANKCR O THE PRATT GROUP CONTRACT ADDENDUM RE: CONTRACT FOR PROPERTY DESCRIBED AS: Approximately 14 acre tract in the SE a of Sec 31, T. 2N. , R 68 W SITUATED IN THE COUNTY OF Weld COLORADO DATED February 18, 1988 BETWEEN Carol Martin AS SzT,TER AND Michael C. Laage and Barbara A. ?lct ynn AS PURCHASER THE FOLLOWING ADDITIONS ARE PART OF THE REFERENCED CONTRACT. REFER TO APPLICABT,F PARAGRAPHS. 1) Purchaser shall execute a note and first deed of trust, Payable to Seller, in the amount of $110,000.00, and payable in monthly installments of $1,441.64, in- cluding principal and interest at 10% your annum rate for a period of ten years. Purchaser shall furnish Seller with a paid receipt of annual Real Estate taxes and insurance premiums. - 2) Price is to include all mineral rigs s presently caned except existing oil and gas royalities payable to Seller who will retain them. .— 3) Price to include pro-rated water and ditch rights including 1 unit of Big Thonpso T water and a share of Boulder and Weld Ditch. 4) Seller agrees to furnish a test of the domestic water well as may be required by Weld County Health Department also t.i furnish a certificate of Septic System as required. 5) This contract is expressly conditional upon purchasers obtaining a second mortgag loan on their hone at 740 37th Street, Boulder, Colorado in the amount of $35,000 Purchaser agrees to• make application for said_loan within 5 days of acceptance of this contract. 6) Contract is also expressly conditional uTx.n purchasers obtaining necessary approval of Weld County Social Services fl narb:ent for use as a child care home. 7) If seller desires to sell remaining i0 acres the Purchasers shall have 1st right of refusal. 8) Seller shall erect suitable cross fence on northerly boundary of 14 acres and also along westerly side of 30' access road easement from said fence to existing east-west fence along north side of corrals. 9) Seller agrees to extend listing period to May 27, 1988 to cover this said sales contract. zi.6YY4rc A. WiCiti r`2-1 - cc PURCHASER (DATE ET.T•FR DATE PURCIIASER7.27 DATE SELLER DATE • 8806cs An Independently Owned and Operated Member of Coldwell Banker Residerl!al Alliliates. Inc. , e . A MEMBER OF THE SEARS FINANCIAL NETWORK �LD lb eu. • - Af AllOm• BANKeR o • THE PRATT GROUP 1880 Industrial Circle • Longmont, CO 80501 • Bus.(303) 776-4495 An Independently Owned and Operated Member At Caldwell Bankers Residential Affiliates.Inc. • RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE (Remedies include Specific Performance) The printed portions edible fon.,ac.$italicizedoddaimv,approved by else Colorado Reel Ensue Coweleeiov(SCZI'2.(11)THIS IS A LEGAL INSTRUMENT,IF NOT UNDERSTOOD,LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. February 18 , Iq 88 1.The undersigned agent hereby acknowledges having received from Michael C. haage and Barbara A. McMyrul brother and_sister The sum ors 5,000.00 in the form of check to be held by Colcbrell Banker The Pratt Group broker,in broker's escrow or trustee account,as earnest money and part payment for the following described real estate in the said County of Weld ,Colorado to wit: (approximately 14 acres) Tract in SW a of Sec 31, T2N, R 68N together with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided,in their present condition,ordinary wear and tear excepted,known as No. 379 Hwy 52, Erie, Colorado 80516 and hereinafter called the Property. (Sneer Address.Ctn.Zip) 1.The undersigned person(s) Michael C. Zaage and Barbara A. McMynn (p) ityte/mnr/tenants in common),hereinafter called Purchaser,hereby agrees to buy the Property,and the undersigned owner(s),hereinafter called Seller,hereby agrees to seill the Property upon the terms and conditions stated herein. 3.The purchase price shall be U.S.$ 165,000.00 ,payable as follows:$ 5,000.00 hereby receipted for; ( )NEW LOAN $ 50,000.00 (cash) plus customary closing costs payable in cashier's check or certified funds upon delivery of deed.Purchaser(s) shall obtain a new (Conventional ,FHA VA - )first ban in the amount of$ with interest not to exceed %per annum for years,said loan to be payable in monthly installments of approximately$ including principal and interest plus l/I2 of the estimated annual taxes and insurance.The Seller(s)shall pay a maximum discount fee of 96 to the Lender at closing.Purchaser(s)agree to apply for said loan on or before , 19_. ( )ASSUMPTION $ ,approximately,plus customary closing costs payable in cashier's check or certified funds upon delivery of deed. Purchaser(s) shall assume and pay an existing first loan in favor of in the approximate amount of$ with interest of %per year,said ban now payable at$ monthly including principal,interest,taxes,and insurance.Purchaser(s)agree to apply for said ban assumption on or before 19_ and execute all documents and furnish all information and documents required by Lender. ( )OTHER See Additional Provisions (Paragraph 19) 4.Price to include any of the following items currently on the Property;lighting,heating,plumbing,ventilating,and central air conditioning fixtures;attached TV antennas and/or water softener(if owned by Seller);all outdoor plants,window and porch shades,venetian blinds,storm windows,storm doors,screens,curtain rods,drapery rods, attached mirrors,linoleum,floor tile,awnings,fireplace screen and grate,built'in kitchen appliances,wall-to-wall carpeting as now installed rn frigeratnr, dishwasher, stove and oven, hood. fireplace insert, 2 remote cost 1s for garage door opener all in their present condition,conveyed free and clear of all taxes,liens and encumbrances except as provided in paragraph 11;provided,however,that the following fixtures of a permanent nature are excluded from this sale: washer and dryer .Personal property shall be conveyed by bill of sale. S.If a new loan is to be obtained by Purchaser from a third parry,Purchaser agrees to promptly and diligently(a)apply for such loan,(b)execute all documents and furnish all information and documents required by the lender,and (c) pay the customary cost of obtaining such loan.Then if such loan is not approved on or before not applicable ,19 ,or if so approved but isnot available at time of closing,this contract shall be extended(once)ten business days after which subject contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. 6.If a note and trust deed or mortgage is to be assumed,Purchaser agrees to apply fora loan assumption if required and agrees to pay(1)a loan transfer fee not to exceed $ not appl irahl P and(2) an interest rate not to exceed 96 per annum-If the loan to be assumed has provisions fora shared equity or variable interest rates or variable payments,this contract is conditioned upon the Purchaser reviewing and consenting to such provisions-If the lender's con- sent to a loan assumption is required, this contract is conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. 7.If a note is to be made payable to Seller as partial or full payment of the purchase price,this contract shall not be assignable by Purchaser without written consent of Seller. ' 8.Cost of any appraisal for loan purposes to be obtained after this date shall be paid by purchaser ' 9.An abstract of title to the Property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price,at Seller's option and expense,shall be furnished to Purchaser on or before May 20 19 88 ., If Seller elects to furnish said title insurance commitment,Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 10.The date of the closing shall be the date for delivery of deed as provided in paragraph II.The hour and place of closing shall be designated by Coldaell Banker The Pratt Group I I.Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and I3.Subject to payment or tender as above provided and con4pliance by Purchaser with the other terms and provisions hereof,Seller shall execute and deliver a good an ufficient warranty deed to Purchaser on May 25 , 19 �� ,or,by mutual agreement,at an earlier date,conveying the Property free and clear of all taxes,except the general taxes for the year of closing,and except any lein resulting from the inclusion of said premised in the NosthemCola.&St.Vrain ElLeft Hand Water Conservancy District,if applicable those of record, it any ;free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not free and clear of all liens and encumbrances except recorded and or apparent easements for telephone,electricity,water,sanitary sewer,and easements for those of record, if any (80688 ;except the following restrictive covenants!veil?not contain a right of reverter: and subject to building and zoning regulations. 12.Except as stated in paragraphs II and 13.rt title is not merchantable and written notice o.`defect(s)is given by-Purchaser ofPurchaser's went to-Seller or Seller's agent on or before date of closing,Seller shall use reasonable effort to correct said defect(s)prior to date of closing.If Seller is unable to correct said defect(s),at Sellers option and upon w ritten notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing:hall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 13,if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be void and of no effect and each party h ereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 13.Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source.Provided,however,at the option of either parry,if the total indebtedness secured by liens on the Property exceeds the purchase price,this conmct shal be void and of no effect and each party hereto shall h e release}(corn all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14.General taxes for the year of closing,based on the most recent levy and II17St recent assessment,prepaid rents,water rents,sewer rents, ' FHA mortgage insurance premiums and interest on encumbrances,if any,and shall be apportioned to date of delivery of deed. 15.Possession of the Property shall be delivered to Purchaser on 10 days after delivery of deed subject to the following leases or tenancies: If Seller fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be liable for a daily rentalof$ 20.00 until possession isdelivered. 16.In the event the Property shall be damaged by fire or other casualty prior to time of closing,in an amount of not more than ten percent of the total purchase price,Seller shall be obligated to repair the same before the date herein provided for delivery of deed.In the event such damage is not or cannot be repaired within said time or if the damages exceed such sum,this contract maybe terminated at the option of Purchaser,and all payments and things of value received hereunder shall be returned to the Purchaser.Should 'Purchaser elect to carry out this contract despite such damage,Purchaser shall lac entitled tae all the credit for the insurance proceeds resulting from such damage,not exceeding, however,the total purchase price.Should any fixtures or services fail between the date of this contract and the date of possession or the date of delivery of deed,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such fixtures or services with a unit of similar size,age and quality,or an equivalent credit. 17.Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due. or if any other obligation hereunder is not performed as herein provided,there shall be the following remedies: (a)IF SELLER IS IN DEFAULT.(I)Purchaser may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages or both. (b)IF PURCHASER IS IN DEFAULT,(I)Seller may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper,or(2)Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages,or both. (c)Anything to the contrary herein notwithstanding,in the event of any litigation arising out of this contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. IS.Purchaser and Seller agree that in the event of any controversy regarding the earnest money held by broker,unless mutual written instruction is received by broker,broker shall not be required to take any action but may await any proceeding,or at broker's option and discretion.may interplead any moneys or things of value into the court and may recover court costs and reasonable attorneys'fees. 19.Additional provisions: (I) Seller Buyer to purchase Homeowners Association of America Home Protection policy. Gee Addendum Attached Purchaser hereby acknowledges prior, timely receipt,of notice that COLD WELL BANKER THE PRATT GROUP,and its agents are agents of Seller and are not representing Purchaser as Purchaser's agent in this transaction. AMENDMENT TO CONTRACT(X F PPLICABLE CLAUSE) VA___Itis expressly agreed that notwithstanding any other provisions of(his contract.the I urchaser(s)shall nor insure any penalty by forfeiture of earnest money or other- w ise,or be obligated to complete the purchase of the property described herein if the contract purchase price or cost exceeds the reasonable value of the property established by the Veterans Administration.The Purchasers shall,however,have the privilege and option of proceeding with the consummation of this contract without regard to the amount of reasonable value established by the V.A. -FHA__It is expressly agreed that,notwithstanding any other provisions of this contract,the Purchaser shall not be obligated to complete the purchase of the property des- cribed herein or to incur any penalty by forfeiture of earnest money deposits or nthetwise unless the Seller has delivered to the Purchaser a written statement issued by the Federal Housing Commissioner setting forth the apraised value of the property(excluding closing costs)of not less than$ which statement the Seller hereby agrees to deliver to the purchaser promptly after such appraised value statement is made available to the seller.The purchaser shall,however,have the privilege and option of proceeding with the consummation of the contract without regard to the amount of the appraised valuation made by the Federal Housing Commissioner.The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure.HUD does not warrant the value or the condition of the property.The purchaser should satisfy himself/herself that the price and the condition of the property are acceptable. Purchaser acknowledges that Longmont Ordinance No.0-82-25 requires that a curer meter be installed within 45 days of the change of ownership on a residence within the City of Long- mont.The cost of the water meter and installation is to be paid by the purchaser.ALL PARTIES TO THIS CONTRACT RE ADVISED TO SEEK APPROPRIATE LEGAL AND ACCOUNTING ADVICE AND HAVE DONE SO TO THE EXTENT DESIRED. 20.If this proposal is accepted by_Seller in writing and Pupfbaser receives notice of such acceptance on or before Februa ry 22 , 19 iS FJ ,this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs,successors and assigns of such parties,except as stated in paragraph 7. 1 >)4 q We — 117 c f 7G-�yLy—, t . ( -' t} Broker COLDWELL BANKER THE PRATT GROUP Purchaser Q Date n J • i Purchaser v Due Purchaser's Address (The following section to be completed by Seller and Listing Agent) 21.Seller accepts the above proposal this day of _,19 and agrees to pay a commission of 9óof the purchase price for ser- vices in this transaction,and agrees that,in the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission and the balance to Seller. Seller c Seller �] t�{� Date Seller's Address 880688 lasting Broker's Name and Address _._ - ----_ _. .__. — ___ _ Hello