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Home My WebLink About880111.tiff ARd13&751 RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) TO I-3 (INDUSTRIAL) FOR JOHN E. AND ELEANOR HOCHMILLER h]O 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 w affairs of Weld County, Colorado, and WHEREAS , a public hearing was held on the 17th day of February, 1988, at 2 :00p.m. for the purpose of hearing the P application of John E. and Eleanor Hochmiller, 19640 Weld County z w Road 28 , Hudson, Colorado 80642 , requesting a Change of Zone from A (Agricultural) to I-3 (Industrial) for a parcel of land located awl on the following described real estate, to-wit: Cr] Part of the Ni SW* , Section 2 , Township 1 Cfi y at- North, Range 65 West of the 6th P.M. , Weld County, Colorado Hnco c.> WHEREAS, the applicants were represented by Kenneth E. Lind, t+o Attorney, and a WHEREAS, Section 21 .6 .2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the x testimony and statements of those present, has studied the request of the applicants and the recommendations of the Weld County tri"' Planning Commission and, having been fully informed, finds that • this request shall be approved for the following reasons : o 1 . The applicants have complied with all the application requirements listed in Section 21 .7 et seq. , of the Weld o r County Zoning Ordinance. no 2 . The request is in conformance with Section 21 .6 of the Weld County Zoning Ordinance as follows: a. The request is consistent with the Weld County Comprehensive Plan as outlined in the Urban Growth Boundary Goals Section. Urban Growth Boundary Goal No. 1 recommends the concentration of urban development adjacent to existing municipalities. The proposed site is located approximately 1 ,300 feet northeast of the Town of Hudson. 880111 Page 2 RE: COZ - HOCHMILLER b. Urban Growth Boundary Goal No. 2 recommends that land use regulations and plans in an Urban Growth Boundary area should be accomplished by a coordinated effort of both the municipality and thehi CO County. The Town of Hudson 's Planning Commission, ' in its referral dated December 17, 1987 , indicated w that this type of business could be a 001 as long as it is maintained as outlined dpro ned the tP application materials . n c. The uses allowed on the subject property by zfo granting the Change of Zone will be compatible with z the surrounding uses. Adjacent to this property to the northeast is the State of Colorado Highway GCO Department ' s maintenance yard. Immediately southwest of the property is I-3 (Industrial) Cfl 0 zoning which consists of a single family residence y 1' and grass pasture. Adjacent to the industrial H zoned property is a mobile home park which is in z the incorporated area of the Town of Hudson. n co rco x d. Street and highway facilities providing access to x ti the property are adequate in size to meet the a requirements of the proposed zone district. The ain existing site is served by one access off of old State Highway 6 . 0 e. The proposed Change of Zone is not located within m j„ an overlay district. uo f. The subject site does not contain a known commercial mineral deposit. g. Soil conditions on the site will not cause moderate or severe limitations to the construction ofno structures or facilities proposed for the site. 0 w The soil types existing on the site are Olney Loam and Wiley Colby. These soils are considered good and fair, respectively, in regard to urban development. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of John E. and Eleanor Hochmiller for a Change of Zone from A (Agricultural) to I-3 (Industrial) on the above referenced parcel of land be, and hereby is, granted subject to the following condition: 880111 Page 3 RE: COZ - HOCHMILLER 1 . No building or electrical permits shall be issued on the property until the Change of Zone plat has been &21C° delivered to the Department of Planning Services Office cm and the plat is ready to be recorded in the office of a ~ the Weld County Clerk and Recorder and a Site Plan ° ` Review is approved for the property. z The above and foregoing Resolution was, on motion duly made o and seconded, adopted by the following vote on the 17th day of February, A.D. , 1988 . ):0 w m 172j21Cl ¢C;3 BOARD OF COUNTY COMMISSIONERS t+7N ATTEST: . : ❑ WEL COUNTY, COLORADO m Weld #t} ,Ql,Erk" and Recorder 0 and C e , the BoardGene R. Brantne Chairman H NNi 4ti# �� L Sw''st' /k, Z N $Y� , `sue ti� n w C.W.C• Y. o-Tem t4 CO Deputyunty Clerk z xi-a EXCUSED .a APP VED AS TO FORM: Jacquel' oh on a tl Go a o t.,e_c7 :/)ounty Attorney I m+u' .r/ f L Franker am guchi E o do N o n Ow 0 0w 880111 HEARING CERTIFICATION DOCKET NO. 88-4 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO I-3 (INDUSTRIAL) - JOHN E. AND ELEANOR HOCHMILLER A public hearing was conducted on February 17, 1988, at 2:00 P.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson - Excused Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated January 13, 1988, and duly published January 14, 1988, in the Johnstown Breeze, a public hearing was conducted to consider the request of John E. and Eleanor Hochmiller for a Change of Zone from A (Agricultural) to I-3 (Industrial) . Lee Morrison, Assistant County Attorney, made this request of record. Chairman Brantner explained that, only four Commissioners being present for this hearing, if a tie vote should result, the absent Commissioner would review the record and the tape prior to casting the deciding vote. Rod Allison, Planning Department representative, asked that the favorable recommendation of the Planning Commission be entered into the record of this hearing. Ken Lind, Attorney, came forward to represent the applicant. Re said that this property presently contains a non-conforming I-3 usage of agriculturally zoned land, and he feels that this land had been improperly zoned. He said the adjacent land, within the Hudson city limits, is zoned Commercial. Mr. Allison said if this request for a Change of Zone is approved, a site plan review will be necessary. No public comment was offered concerning this request. Commissioner Lacy moved to approve the request of John E. and Eleanor Hochmiller for a Change of Zone, subject to the recommendation of the Planning Commission. The motion was seconded by Commissioner Yamaguchi and carried unanimously. This Certification was approved on the 22nd day of February, 1988. APPROVED: �J �� Q� � � BOARD OF COUNTY COMMISSIONERS ATTEST: (�J 04 t� "��i.�J WELDeCCOUNNTY, COLORADO rrccDD--- Weld County Clerk and Recorder ��(��/ t /rTG(f��w✓ and Clerk to the Bo Gene R. Brantner, Chairman BY eputy County C rk C.W. Kirby, Pro EXCUSED Jacqueli e Jo on TAPE #88-7 DOCKET #88-4 atef acyjer.er ta PL0417 Frank Y amaguchi 880111 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: FEBRUARY 17, 1988 DOCKET # 88-3 COZ - AGRICULTURAL to P.U.D. - BARBARA J. JOHNSON DOCKET # 88-4 COZ - AGRICULTURAL to I-3 - JOHN E. & ELEANOR HOCHMILLER DOCKET # NAME ADDRESS HEARING ATTENDING n flrt 1 ti �..�, )� "1 g - 3 O7 3 J�7 rt i 4AAn_ h i 1 Z lc J V'Ven C- -.k, �' �D — etsy7y 7-7‘ /fe o Soso e , ``,.✓ .�.w r fie va co et r)-o'iCod,=Cw-c u _ ' :-Ti-•r 1-f �c s�2O 6/1/213j /Zra" may, CS z -4??Viral esu: 11. NOT I C E Pursuant to the zoning laws of the State of Colorado and the -Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial renter, 915 10th Street, First Floor, Greeley, Colorado, -at the time specified. All persons in any manner interested in the following proposed Change of Zone 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. 88-4 John E. and Eleanor Hochmiller 19640 Weld County Road 28 -Hudson, Colorado 80642 MATE: February 17, 1988 TIME: 2:00 P.M. REQUEST: Change of Zone from A (Agricultural) to I-3 (Industrial) LEGAL DESCRIPTION: Part of the Ni SW} of Section 2, Township 1 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the Town of Hudson; north of Colorado Highway 52 and south of I-76 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy MATED: January 13, 1988 PUBLISHED: January 14, 1988, in the Johnstown Breeze c X,f„3,T n 880111 AFFIDAVIT-OF PUBLICATION THE JOHNSTOWN BREEZE NOTICI STATE OF COLORADO 1 1 Ss Pursuant to the we laws of • the State of_Cobalt end the COUNTY OF WELD 1 Weld County Zdning Ordinance, I, Clyde Briggs, do solemnly swear that I the uChambersn ofthe,Ill be of am publisher of The Johnstown Breeze; County Commissioners Wet of Weld that the same is a weekly newspaper Centenn Colorado, I c nter;Weld County printed, in whole or in part, and published • aoeex First Floor, pecified, in the County of Weld, State of Colorado, £treetdg the time specified. All persons In any manner and has a general circulation therein; that interested odChange h t of Zoneowing pro- said newspaper has been published posed Zone are requested to attend end may be continuously and uninterruptedly in said heard. County of Weld for a period of more than Should the applicant or any interested party desire the fifty-two consecutive weeks prior to the presence of a court reporter to ' first publication of the annexed legal notice make a record of the emceed- _0f advertisement; that said newspaper has ak in r tthe pe taped record which will be(kept during been admitted to the United States mails as the hearing, the Clerk to the Board's Office can be Contacted second-class matter under the provisions of for a oat of certified toun the Act of March 9, IBiS, or any re offers In the area.. If a court reporter la obtained, amendments thereof, and that said the Clerk to the Board's Office -newspaper is a weekly newspaper duly shall be advised In writing of such action at least five days qualified for publishing legal notices and prior�ngha couheartgTMecost of hall advertisements within the meaning of the be borne by the rerluS reporter party. laws of the State of Colorado. BE IT ALSO KNOWN that the That the annexed legal notice or advertise- text and maps so certified by the ment was published In the regular and Weld County Planning:Commis- sion may be examined in the entire issue of every number of said weekly _office of the Clerk to the Board of newspaper for the period of .2., consecu- Inothe Weld County�Centennial live insertions; and that the first -Center, 915 10th Street, Third Tloor, Greeley, Colorado. publication of said notice was in the issue of DOCKET NO. 88-4 said newspaper dated L call, A.U. Ib..l APPLICANT and that the last publication of said notice John E. and was in the issue of said newspaper dated Eleanor Hochmiller A.D. 19 19640 Weld County Road 28 , -Hudson, Colorado 80642 ' • In witness whereof I have hereunto set my hand this -..I.W..--• day of C"r'l DATE: February 17, 1988 A.D. 19.8.' TIME: RM.t1-3 /' J�� 3iEOUEST: Change of Zone from _{.."' / S -A (Agricultural) to I-3-Qnduatria9 � G Publisher L EGAL DESCRIPTIONS Part of the NY2 SW% of Section 2, Township 1 North, Range 85 West of the 6th P.M., Weld County, Colorado Subscribed and sworn to before me, a r LOCATION:Adjacent to the Town Notary Public in and for the County of of Hudson; north of Colorado Weld, State of Colorado this ,.I..'1... day of Highway 52 and south of I-78• .7.A.-1 A.D. 19 x. ,.. BOARD OF COUNTY COMMISSIONERS / //f�/J�WELD COUNTY, C1` ", tall..b7 /'zf'%� 4z4r-: BY: MARY ANN r' Notary Public FEUERSTEIN DOUNTY CLERK AND RECORDER ANC CLERK TO THE BOARD My commission expires BY: Mary Reiff,Deputy • 'at 'c�c rt^ypirl'S Aire' 14. SATED: January 13, ip8 < rA��/rpT'p'. PUBLISHED: January 14, 1988, r h k,G-C cv::nUO in the Johnstown ae ''r, L:ib3A 8.801 STATE OF COLOR-DO ) )as. 00UNTY OF' WELD ) ..A/15M bba..., being duly sworn, says that he/she is pub- lisher of the KEENE VALLFY-SUN, a weekly newspaper published and '1-"'''' I printed in-Keenesburg in said County and State; that said newspaper has a general circulation in said County - �. . . and has been continuously and un_ interruptedly published therein, dur- ..-, -- ing a period of at least fifty-two NOTICE in the Weld County Centennial Center, consecutive weeks prior to the first Pursuant to the zoning laws of the -9IS 10th Street, Third Floor, Greeley, publication of the annexed _notice; -that said newspaper is a newspaper State of Colorado and the Weld County Colorado. - - within the meaning of the act of the Zoning Ordinance, a public hearing will APPLICANT General Assembly of the state of Colorado, be held in the Chambers Of the Board of olnao,-entitled "An Act to regn- John E.and Eleanor Hochmiller late the printing of legal notices and County Commissioners of Weld County, 19640 Weld County Road 28 advertisements," and amendments Colorado, Weld County Centennial - Hudson,Colorado 80642 thereto; that the notice of which the annexed is a printed copy taken from -Center, 915 10th Street, First Floor, bOCICET NO.88.4 said newspaper, was published in said Greeley,Colorado,at the time specified. DATE:newspaper, and in the regular and February 17;1988 entire issue of every number thereof, All persons in any manner interested in TAAE 2:00 p.m, the following proposed Change of Zone , REQUEST: Change of Zone from A once a week for / successive are requested toattend and may be heard. weeks; that said notice was so pub- Agricultural)to 1-3(Industrial) Should the lashed in said newspaper proper and applicant or any interested �E(IAI. DESCRIPTION: Part of the N not in any supplement thereof, and "party desire the presence of a court , 1/`2 SW 1/4'of Section 2, Township 1 that the first publication of said no- reporter to make a record of the "North,Range 65 West of the 6th P.M., flee as aforesaid, was on the - Y proceedings, in addition to the taped Weld County,Colorado record which will be kept during the LOCATION: Adjacent to the Town of day of 'N,Aa/W 1i bearing, the Clerk to the Board's Office , 11)1Rfson; north of Colorado Highway 52 OQ can be contacted for a list of certified and south of 1-76 and the last on the day of court reporters in the area. If a court ' - • -BOARD OF COUNTY reporter is obtained, the Clerk to the COMMISSIONERS s.- Board's Office shall be advised in wilting �J WELD COUNTY,COLORADO /i ,4-0-1 - -� of such action at least five days prior to BY: MARY ANN FEUERSTEIN the hearing. The cost of engaging a COUNTY CLERK AND court reporter .shall- be horned >by:the RECORDER AND CLERK -requesting party. TO THE BOARD BE IT ALSO KNOWN that the text BY: Mary Reiff,Deputy Subscribed and sworn to before me and maps so certified by the Weld tATED: January 13, 1988. this - �// / County Planning Commission may be PUBLISHED: February 4, 1988 in the day of -examined in the office of the Clerk to the I(pae Volley Sun ia� cr c Board of County,Commissiarttrs lacalad Y _ pt. 3iS (—LC/_GC />..//- A- ().<a-u. --O..5 J �Vp-i DATE: ZTanuary 13 , 19-88 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: I₹ you have no objections, we have tentatively set the following hearing for the 17th day of February, 1988 , at 2: 0D P.M. Docket No. 88-4 - COZ, A (Agricultural) to 1-3 (Industrial) , John E. and Eleanor Hochmiller OFFICE OF THE CL K TO -THE BOARD BY- / Deputy J ✓ The above mentioned hearing slate and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS -VELD COUNTY, COLORADO `XN/BiT Pso l „ Summary of the Weld County Planning Commission Meeting January 5, 1988 Page 3 the Comprehensive Plan says that we should have compatibility with existing uses. The existing uses in the area are agricultural and are not compatible with residential use. -An urban -growth goal and an ag -goal both say that urban growth should be An or adjacent to existing municipalities. This is 1 ; not, and she sees no -compelling reason to locate this kind of urban growth a distance from an existing growth area whether it be a municipality or another urban growth area in this 1-25 Mixed-Use Development area. Zynn Brown - No, for the same reasons -cited by Paulette. Ann -Garrison No, for the same seasons that Paulette cited. Motion carried with six voting for and three voting against the motion. CASE NUMBER: Z-.440 APPLICANT: John and Eleanor Hochmiller REQUEST: Change of sone from A (Agricultural) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of the Ni Sin of Section 2, TIN, 1t65W of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the Town of Hudson, north of Highway 52, and south of -Highway 76. APPEARANCE: Ken Lind, Attorney, represented the applicant. This property is located just northeast of Hudson and has been aperating as a nonconforming use for many years. The appli-cant acquired this Property last year and has since been expanding the business and cleaning up the area. 7Ie Town of Hudson's future land-use map defines this area as industrial. Therefore, it is their feeling that by asking for this change of zone they are actually correcting i a zoning error. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Mr. Lind if they had reviewed the recommendation and conditions as set forth by the Department of Planning Services staff. Mr. Lind stated they have and have to objecti-ons to these items. The -Ghairman asked that reading the staff's recommendation and conditions into the -record be dispensed with and that they be filed -with the ssmmary as a permanent record of these proceedings. MOTION: Louis Rademacher moved Case Number Z-440 for John andEleanor -Iochmiller for a change of sone from Agricultural to Industrial—Three be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and conditions as outlined by She 68011.1 jL Summary of the Weld County Planning Commission Meeting January 5, 1988 Page 4 Department of Planning Services' staff and the testimony heard by the members of the Planning Commission. Motion seconded by Jerry Burnett. The Chairman called for discussion from the members of the Planning Commission. Paulette Weaver stated that she felt it is a mistake to make the entryways to our communities industrial. She understands that this is already an industrial area, but it seems to her that we make a mistake in making the frontdoors to our communities the ugliest that we can. We see it all over. She would hate to see us perpetuate that kind of mistake by rezoning a site that is not only on the old highway into Hudson, but is also on the Interstate 'Highway which gives people an impression of the whole area. She feels it is incompatible with existing uses, those uses being travel, transportation, getting people from place-to-place and influencing their perceptions of an area. Because the use is already on this site, and because it is a nonconforming use, which she assumes makes it a legal use, even if we deny a change of zone we cannot shutdown the operation, and she is not sure she would recommend that if it is a legal nonconforming use. She would feel much better with a special use permit that allowed this use as long as it is under the current owner and would not open it up to all the possibilities for uses allowed in an industrial zone. Based on this reasoning she will not vote for a change of zone for this site. She probably would consider voting for a special use permit that allows this use since it is already a nonconforming use, but would limit the kinds of uses that would come after this. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Louis Rademacher - yes; LeAnn Reid - yes; 1! Ivan Gosnell - yes; Jerry Burnett - yes; Bud Halldorson - yes; Ernie Ross - yes; Paulette Weaver - No, for reasons stated previously. She feels a special use permit would be sore appropriate than a change of zone. Lynn Brown - No. She also feels a special review permit would be more appropriate. She also has a great deal of concern about this change of zone being right next to the Interstate. Ann Garrison - No, for the reasons cited by Paulette and Lynn. Motion carried with six voting for and three voting against the motion. The meeting was adjourned at 2:45 p.m. Respectfully submitted, C\oo Bobbie Good Secretary 880111 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 it Resolved by the Weld County Planning Commission that the application for: r, CASE NUMBER: Z-440 NAME: John E. and Eleanor Hochmiller JAN 81988 y o0 ADDRESS: 19640 Weld County Road 28, Hudson, CO 80642 ��" REQUEST: Change of Zone from A (Agricultural) to I-1 (Industrial) LEGAL DESCRIPTION: Part of the N} SWi of Section 2, T1N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the Town of Hudson; north of Colorado Highway 52 and south of I-76 be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with application requirements of Section 21.7 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 21.5 of the Weld County Zoning Ordinance as follows: - The request is consistent with the Weld County Comprehensive Plan as outlined in the Urban Growth Boundary Goals Section. Urban Growth Boundary Goal No. 1 recommends the concentration of urban development adjacent to existing municipalities . The proposed site is located approximately 1,300 feet northeast of the Town of Hudson. - Urban Growth Boundary Goal No. 2 recommends that land use regulations and plans in an Urban Growth Boundary area should be accomplished by a coordinated effort of both the municipality and the County. The Town of Hudson's Planning Commission in its referral dated December 17, 1987, indicated that this type of business could be approved as long as it is maintained as outlined in the application materials. F,4611 �,XJ/JPJT Z-440 John E. and Eleanor Hochmiller Page 2 - The uses allowed on the subject property by granting the change of zone will be compatible with the surrounding uses. Adjacent to this property to the northeast is the State of Colorado Highway Department's maintenance yard. Immediately southwest of the property is 1-3 (Industrial) zoning which consists of a single family residence and grass pasture. Adjacent to the industrial coned property is a mobile home park which is in the incorporated area of the Town of Hudson. - Street and highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. The existing site is served by one access off of old State Highway 6. - The proposed change of zone is not located within an Overlay District. - The subject site does not contain a known commercial -mineral deposit. - Soil conditions on the site will not cause moderate or severe limitations to the construction of structures or facilities proposed for the site. The soil types existing on the site are Olney Loam and Wiley Colby. These soils are considered good and fair, respectively, in regard to urban development. 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 . No building or electrical permits shall be issued on the property until the change of zone 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 and a Site Plan Review is approved for the property. Motion seconded by Jerry Burnett. 5%-(01 4 Z-440 Jahn E. and Eleanor Hochmiller Page 3 VOTE: For Passage Against -Passage Louis Rademacher Eaulette Weaver LeAnn Reid lynn Brown Ivan Gosnell Ann Garrison Jerry Burnett Imd Halldorson Ernie Ross 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 January 5, 1988, and recorded in Book No. XI of the proceedings of the said Planning Commission. mated the 6th day of January, 1988. Bobbie Good Secretary 8SG;417 INVENTORY OF ITEMS LLTMITTED FDR CONSIDERATION Case Number 2440 Submitted or Prepared Prior So Hearing -At Hearing 1. Application 25 P-ages 2. / Application plat(s) / page(s) 3. DPS Referral Summary Sheet ✓ 4. DPS Recommendation ✓ 5. DPS Surrounding Propery Owner Mailing -List 6. DPS Mineral Owners Mailing List • 7 7. 1 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary -Sheet ✓ 10. DPS Field Check 11. {l+oses+-aaa.+wrnos+ D.s-ruaer Lana ✓ 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby tertify that the // items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission heating. I further ify that these items were forwarded to the Clerk to the Board's office on y -0 19S$ . • urre. P a. .4'r STATE DF COLORADO ) COUNTY OF WELDYen ) SUBSCRIBED AND SWORN TO -BEFORE ME THIS % DAY OF O o uc y 19 SS`b SEAL • NOTARY -PUBLICSSA(1 ONOn � 1 MY COMMISSION EXP RFS C:o",..= '.. EXM,I3/7 /1 . EXHIBIT INVENTORY CONTROL SHEET Case 6767- -Exhibit Submitted By Exhibit Description 117 / B. J,a�r/r�+ �-O/f✓lv..�a/i/..�Lv�v /� VA,SCent-nted7--- C. X7.G9'p �i�ua�c�witn.e/y //l ooh (/2a4 ZZEZ / F 1-/gete-e," F. G. H. I. J. K. L. M. N. 0. Esoi1 1 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 it Resolved by the Weld County Planning Commission that the application for: CASE NUMB-ER: Z-440 NAME: John E. and Eleanor Hochmiller ADDRESS: 19640 Weld County Road 28, Hudson, CO 80642 REQUEST: Change of Zone from A (Agricultural) to I-3 (Industrial) LEGAL -DESCRIPTION: Part of the N} SW} of Section 2, T1N, R65W -of the 6th P.M., Weld County, Colorado LOCATION: Adjacent to the Town of Hudson; north of Colorado Highway 52 and south of I-76 be recommended favorably to the Board of County Commissioners for the following reasons: 1. the submitted materials are in compliance with application requirements of Section 21 .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 21.5 of the Weld County Zoning Ordinance as follows: - The request is consistent with the Weld County Comprehensive Plan as outlined in the Urban Growth Boundary Goals Section. Urban Growth -Boundary Goal No. 1 recommends the concentration of urban development adjacent to existing municipalities. The proposed site is located approximately 1,300 feet northeast of the Town of Hudson. - Urban Growth Boundary Goal No. 2 re-commends that land use regulations and plans in an Urban Growth -Boundary area should be accomplished by a coordinated effort of both the municipality and the County. The Town of Hudson's _Planning Commission in its referral dated December 17, 1987, indicated that this type of business could he approved as tong as it is maintained as outlined in the application materials. 880111 Z-440 John E. and Eleanor Hochmiller Page 2 The uses allowed on the subject property by granting the change of zone will be compatible with the surrounding uses. Adjacent to this property to the northeast is the State of Colorado Highway Department's maintenance yard. Immediately southwest of the property is %r _�1-3 (Industrial) zoning which consists of a single fattily' " residence and grass pasture. Adjacent to the industrial zoned property is a mobile home park which is in the incorporated area of the Town of Hudson. - Street and highway facilities providing access to the _property are adequate in size to meet the requirements of the proposed zone district. The existing site is served by one access off of old State Highway 6. - The proposed change of zone is not located within an Overlay District. - The subject site does not contain a known commercial mineral deposit. - Soil conditions on the site will not cause moderate or severe limitations to the construction of structures or facilities proposed for the site. The soil types Existing on the site are Olney Loam and Wiley Colby. These soils are considered good and fair, respectively, -in regard to urban development. 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. No building or electrical permits shall be issued on the property until the change of zone 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 and a Site Plan Review is approved for the property. Motion seconded by Jerry Burnett. sso1.1. Z-440 John E. and Eleanor Hochmiller Page 3 VOTE: For Passage Against Passage Louis Rademacher Paulette Weaver LeAnn Reid Lynn Brown Ivan Gosnell Ann Garrison Jerry Burnett Bud Halldorson Ernie Ross 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 January 5, 1988, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 6th day of of January, 1988. R.3 d Bobbie Good Secretary 8S011 4 Date: January 5, 1988 EASE NUMBER: Z-440 NAME: John E. and Eleanor Hochmiller ADDRESS: 19640 Weld County Road 28, Hudson, CO 80642 REQUEST: Change of Zone from A (Agricultural) to I-3 (Industrial) -LEGAL DESCRIPTION: Part of the Ni SW} of Section 2, TIN, R65W of the 6th £.M., Weld County, Colorado _LOCATION: Adjacent to the Town of Hudson; north of Colorado Highway 52 and mouth of I-76 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 21 .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 21 .5 of the Weld County Zoning Ordinance as follows: - The request is consistent with the Weld County Comprehensive Plan as outlined in the Urban Growth Boundary Goals Section. Urban Growth Boundary Goal No. 1 recommends the concentration of urban development adjacent to existing municipalities. The proposed site is located approximately 1,300 feet northeast of the Town of Hudson. — lYrban Growth Boundary Goal No. 2 recommends that land use regulations and plans in an Urban Growth Boundary area should be accomplished by a coordinated effort of both the municipality and the County. The Town of Hudson's Planning Commission in its referral dated December 17, 1987, indicated that this type of business could be approved as long as it is maintained as outlined in the application materials. — Ile uses allowed on the subject property by granting the change of zone will be compatible with the surrounding uses. Adjacent to this property to the northeast is the State of Colorado Highway Department's maintenance yard. Immediately southwest of the property is I-3 (Industrial) zoning which consists of a single family 7esidence and grass pasture. Adjacent to the industrial zoned property is a mobile home park which is in the incorporated area of the Town of Hudson. Z-440 John E. and Eleanor Nochmiller Page 2 - Street and highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. The existing site is served by one access off of old State Highway 6. - The proposed change of zone is not located within an Overlay District. - The subject site does not contain a known commercial mineral deposit. Soil conditions on the site will not cause moderate or severe limitations to the construction of structures or facilities proposed for the site. The soil types existing on the site are Olney Loam and Wiley Colby. These soils are considered good and fair, respectively, in regard to urban development. 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 . No building or electrical permits shall be issued on the property until the change of zone 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 and a Site Plan Review is approved for the property. CIPt.: LAND-USE APPLICATION SUMMARY SHEET Date: December 29, 1987 CASE NUMBER: Z-440 NAME: John and Eleanor Hochmiller ADDRESS: 19640 Weld County Road 28, Hudson, CO 80642 REQUEST: Change of Zone from A (Agricultural) to I-3 (Industrial) LEGAL DESCRIPTION: Part of the Ni SWi of Section 2, TIN, R65W of the 6th P.M., Weld County, Colorado LOCATION: Adjacent to the Town of Hudson; north of Colorado Highway 52 and south of 1-76 SIZE OF PARCEL: 8.351 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 21 .5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the following referral agency: — Weld County Health Department A copy of this response is included with this packet. The Department of Planning Services' staff has not received objections from the following referral agencies: - Office of Emergency Management - State Highway Department State Engineer, Division of Water Resources - Town of Hudson - Surrounding property owners The Department of Planning Services' staff has not received a referral response from the following agencies: — Weld County Engineering Department - Hudson Fire District - Farmer's Reservoir and Irrigation Company - Brighton Soil Conservation Service 880111 FIELD CHECK FILING NUMBER: Z-440 DATE OF INSPECTION: December 9, 1987 NAME: John and Eleanor Hochmiller REQUEST: Change of Zone from A (Agricultural) to I-3 (Industrial) LEGAL DESCRIPTION: Ni SW} of Section 2, TIN, R65W of the 6th P.M., Weld County, Colorado. lOCATION: Adjacent to the Town of Hudson; north of Colorado Highway 52 and south of I-76 LAND USE: N I-76 E State of Colorado Highway Department S Old Highway 6, railroad tracks, farmland W Neres Canal, open field, single family residence ZONING: N Agricultural E Agricultural S Agricultural W I-3 (Industrial) , Town of Hudson COMMENTS: There is one access to the property which is off of old Highway 6, a black topped surface road. Existing on the site is scrap material consisting of two aluminum contractor's offices, grader, derelict vehicle, scrap metal, tires, trailer, and an assortment of odds and ends. There are two structures on site: an aluminum building and an old wooden accessory structure. The site is completely enclosed by a 6 foot chain link fence topped with three strand barbed wire. The property slopes from north to south. By: B a J Ingle Ea' y 880111 D-* —PHI :Ail J • rc » _• '• L =x _ i x. I x.` t�' x. i . a el' ` x, » ; i• x. 1 x. i.. \ix, • 50 I x• x• x= -M 'i „ six , 5 x Icfp � 1 • 0 I a CT? • i ,, .• • Fe II li q °• �•• l © 1• n nliz° ' • =i I a _ °nom x° a xx • I m q T AR5TOCR.1� x •• �, J �_ �� R.nC>tETTE o@fj �1 •• • r i • •!,,��•xs• t:•"•," : ! _• • = q aR .`J.c .. • z:•°a ; i • °l•.2l 1i._._Iw - -y—c ` _= A , » — - 1 I •e'!. . . Cf I' • • I1 • r.�' KEENESBURG '- �• \ �.( ate_ a/ a » >. I 35 Ge° °^v =�alr4. ��,iF _,{ / •a ; 7,,6.+ \I a » �•• • ri, C a 7v 1 s �1 ,I ="e .ol� / . 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J 4M^ rlr`' 1. {S ,�t•,1j' .�F �'.Y,:� �rCy�'f[' d.'i /' Rr, f"j . wit, r,3� W� &.• per/ i '.-4, ?, aFY xf a,r� ,� r,.: a ?xx • "`•., y, i ,,, \ l',k, S :_- ..e. ,fre � '� w.,Y k- w r`Ye .,.1/ .ra%t z -��r. Ar . S ri` r 04.^ 'Par Y l Y } •'f/ +f alma5'� s,,, ✓:'� 4 i ''�$,, s _ c\ fk I 3} , ""1r: �':C�y � Rte' •�'. ,.�1� E X ..'` • t+ .elf, b y� h ;41 '. . . 'e 'fc,,{{,, x ♦- uLf Rn M,; Tji.I� a +,' a w„ .fir ' a ie 7, e, �•e f s2.' - fri,t - x,21,1 - u .}sry, . fy. 4rl S2.s,? -. 7r4 'r'" � rovIavy'";',# nsu i 7. • J .< ' st, „�.�.� 4 ~. •w',Afr "'Nitid:"X51,. .Ssi3 ,t I. !' 1 } 'rpm +c : ,f' .• dam' - I .r" / s4' -7- , 4�.!T' 4440; :�.»--ry ` v :Iirt a � ' / s� JP.✓ ' r = tom• `Nst if 7 x ✓tR S S "t,� sF"e '�.,,S" ate r '*!f x' • k ,34. 1fY' 7i•Ay., .Y f` �' � tF fi •e S. " p J •ir�� I. _ ''err ,7eT tt "4,4 �Jy, w .�Ab'f` O�S ://�> f "4". a Ai e . ;.e ,,'� '`��• /'}`r •f-:;;� .2 to % / { 4e�, ,p 57co% - /e=(1-Z_"4_, REFERRAL LIST APPLICANT: -John and Eleanor -ilockmiller CASE NUMBER: 1-440 SENT REFERRALS OUT: December 7, 1987 REFERRALS TO BE RECEIVED BY: -December 21 , 1987 NO SR NR NO SR NH County Attorney ✓ X Weld County Health Dept. X Engineering Department County Extension Agent X Office of Emergency Mngmt ✓ X State Engineer Division of Water -Resources 1313 Sherman St. , Room 818 Denver, CO 80203 X State -Highway Department 1420 2nd Street Greeley, CO 80631 X LeAnn Reid Planning Commission Member 7830 Weld County Road 81 Roggen, CO 80652 X Town of Hudson P.O. Box 151 Hudson, CO 80642 X -Hudson Fire District £/o Judith McGill P.O. fox 7 Hudson, CO 80642 X Neres Canal _c/o Farmer's Reservoir and Irrigation to. 80 South 27th Street Brighton, CO 80601 X Brighton Soil Conservation Servic-e 60 South 27th Avenue Brighton, CO 80601 NO=No Objection SR=Specifi-c Recommendations NR=No Response 880111 Olt .iiitc,..,ffric, . . za, ,. • , rii A , ..a 'ilk To Weld County Planning Date December 12, 1987 _—_ COLORADO Health Protection Services �J 1 Case Number: Z-440 Name: Hochmiller, Joh & Elenor Health Protection Services has reviewed this proposal and recommends for approval, -subject to the following conditions: 1. Waste oil, waste fuel, antifreeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and -groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. The Division requires that this facility utilize the existing municipal sewer treatment sy-storm unless the Town of Hudson agrees in writing, not to provide service. 4. The existing septic system is to be abandonided according to the Weld County Individual -Sewage J)isposal System Regulations. I DEC 1 Q 198-7 1 Meld Cu- p4 unn t :wm SURROUNDING PROPERTY OWNERS John and Eleanor Hochmiller Z-440 Ernest A. and Maria F. Conway 200 South Bryant Denver, CO 80219 Lee A. and Linard D. Cecil P.O. Box 163 Hudson, CO 8064-2 James Ryan 6591 East 77th Place Commerce City, CO 80022 JBJ Builders Corporation P.O. Box 217 Hudson, CO 80642 Kenneth L. and Retta Bass P.O. Box 418 Hudson, CO 80642 Oliver Piaresh c/o Rich Iverson 13676 Weld County Road 3 Longmont, CO 80501 Edward Kerbs 1383 South Colorado Boulevard Denver, CO 80222 State of Colorado Department of Highways 4201 East Arkansas -Avenue Denver, CO 802-02 Burlington Northern Railroad 3700 G1-obeville Road Denver, CO 80216 MINERAL OWNERS John and Eleanor Hochmiller Z-440 Shannon Millard P.O. Box 2675 Bullhead City, AZ 86430 Terri Masden P.O. Box 2675 Bullhead City, AZ 86430 Crystal Windscheimer P.C. Box 305 Hudson, CO 80642 Bret Masden c/o Pam McKinzie P.O. Box 562 Dewey, AZ 86327 Debra Patterson P.O. Box 305 Hudson, CO 80642 Berge Exploration, Inc. 8674 Yates Drive, Suite 100 Westminster, CO 80030 sstj ^!e DEPARTMENT OF PLANNING SERVICES �c PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 111, COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, ,January 5-, 1988, at 1 :30 p.m. to review a request for approval of a Change of Zone from A (Agricultural to I-3 (Industrial) from John and Eleanor Hochmiller. The parcel of land is described as part of the Ni SWi of Section 2, TIN, R65W of the 6th P.M. , Weld County, Colorado, containing 8.351 acres, more or less. The property is located adjacent to the Town of Hudson; north of State Highway 52 and south of I-76. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be -conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on January 5, 198H. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, — Phone — 356-4000, Extension 4400. Ann Garrison, Chairman Weld County Planning Commission To be published in the Johnstown Breeze Tote published one (1) time by December 17, 1987 � / Received by: 1LtL LL��//-7„,---LI Data: /. . y�! /CF7 580111 HUDSON SANITATION DISTRICT P.O. BOX 56 HUDSON, Colorado 80642 January 4, 1988 Kenneth Lind Attorney at Law 1011 11 Avenue Greeley, Colorado Dear Sir: The property east of Hudson Town limits that Mr. John Hockmiller of Active Truck Sales has acquired is outside of the Hudson Sanitation District's jurisdiction, therefore the Hudson Sanitation District will no way be involved with this operation. S0/2007y'. Rod Sisson Secretary/Treasurer Hudson Sanitation District jm :- s 4 7 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND / O03)353-2525 KIM R.LAWRENCE December 3, 1987 O05)556-9160 Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re : Rezoning Application Ladies and Gentlemen: Attached to this letter is the application fee in the amount of $400. 00 , a copy of the Deed conveying the subject p-roperty to the applicants , the Application and supporting documentation . Additionally , I would advise you that we are submitting a hand drawn vicinity and land use map for your initial review. Subsequent to the time you have made your initial review, our office will have the hand drawn vicinity and land use map transferred to a mylar if that is necessary . Additionally , we have not submitted the required rezoning plat but we have instead submitted a copy of a survey prepared in early 1987 . It would be our proposal that upon approval of this Rezoning Application , a rezoning plat will be prepared and submitted to you for approval prior to recording. This Application is submitted to you on the basis that the property should be rezoned as the initial zoning was improper or incorrect . Attached to this letter are four letters from neighbors and other individuals supporting our contention that the property was improperly zoned ag. The letters state that the property has been used for a salvage and machinery yard since 1972 anti this is the current as well as proposed use. Included with this packet of letters are two pages of copies of photographs taken during the early 1980's which show the use of the property , that specifically 'being a salvage yard and machinery operation. This Application is consistent with the Weld County Comprehensive Plan in that the property is located next to the Town of Hudson and is - within the planning area of the Town of Hudson. The Town of Hudson has prepared a future land use map which is attached to this letter and the Town of Hudson 880111 Department of Planning Services December 3, 1987 Page 2 contemplates this property as well as surrounding property to be industrial. The property is located between Interstate 76 and the old highway and is therefore compatible with current as well as proposed uses . Surrounding land uses to the north include equipment and machinery storage, and highway shops for the State of Colorado. To the south , the property is currently used for one residence, a vacant lot and junk and salvage yard storage. At the present time the property is served by a domestic gas line; water is provided by an existing -well , and a copy of the registration is attached hereto ; sewer facilities are provided by an on-site septic tank and leach field . At the present time there is no contemplation of a change in these types of public services. Access to the property is from Highway 81 which is a paved road on the southeast side of the property. As there will be no significant change concerning the use of the property or increase need, it is not believed that any upgrading of highway facilities is needed. There are no known sand , gravel or other mineral resources under the property for which extraction would be prohibited -due to the rezoning of this property. There are producing oil and gas wells within the vicinity, however , drilling of oil and gas wells is a use by right in I-3 zomed areas. To the best of the applicant's -knowledge, the property is not subject to any type of overlay district. As the current use of the property is for equipment storage, junk storage and a salvage yard , I-3 zoning is proper and in accordance with the Weld County Zoning Ordinance. We would therefore request your recommendation for approval of this rezoning request. Very truly yours, LIND, LAWRE E & ENHOFF Kenneth F. Lind KFL/cg Enclosure 880111 ��c c c \ C �'�l�Cy�C s\ Ca- ,cA::\cS.Sc (A.i--,wAV Q, _`J \`\,Ne„\ :N: ;. \ '-.\_mss-- \C\ i.—\. n-Q___ C'.4 - IC.,\:‘,.\:- \Q\`l `- . . �\\.� \��. � \mac ,c�n�=.��, `��\\ ('�TK :. ‘ 1-�•� r- \- �� \ ,,c, \ \,�T\- - �. iA.s— S\-iN \\ t_1., a, �C C\; \\\_.sv\-\ - \\c-� k.\�;, + .,..\\,...4 \\,C_ �`cacjN C i_._u5 ,Ct �\ � '\ - \\ Cam:�� (�-�\hCi C - C \--•‘'7- i . \ . ., - }-ti`.2 1J Ste_\<`+,\ \K \ �\\S :\,\, c \ v • ~ - '\\ ',.-:33 c - L\ ,-\ -11 880111 761 pldiuiee Sadden ✓97,t �� -� G I,. it Ir l 880111 f -r Jam?. & JIO:nt. tu.lii.oer to. BOX 237 IIUDSON COLORADO 806-12 PHONE: 53(,.4715 ..�G DENVER PHONE: 241-7791 SENTRY, IIRA NCH YAIRDS AT KEENESIIURG tit WIGGINS COLORADO • September 4 , 19G6 To whom it may concern : I have been acquainted with Lowell Masden (deceased) since his +'ival in Hudson prior to 1 77 . Lowell operated a macnine shop and welding service on n i s property East of Hudson on the service road from the time he arrived until has death . He also operated a con- tracting, business from the • same site working on grain elevators and installing truck scales . He stored a considerable amount of salvage material including some old tank cars • and vehicles . Neal Aspey' • Chairman of the Board 880111 c_J c' ? lc lee �!I(J(71Li1/.Ct '/1:4,- • n,2.(11(4c.i . •• September 4 , 1986 To Whom It May Concern : Lowell Masden (deceased) , did business on the _property located north of Hudson -on the I-76 frontage road . Legal description : O..\\ oc rc&LLb ly d lr 0- i-�.q� pocr\ oc \"Z) \ ,n F. . zc Color2d0 N, i..�.oa.II a os mss !-n.\a\;s1ec\, - . \`lsq- -ts3 ;h �fcVn .d Ot n4tos` cold Co •Ce). Ai A �h Y1•'la.. 3� tLs S-b. `��{ Sec_A-Loi �1rm ✓1 ere 1. Ztps�) �m \GA 11/4 f . o� Lk.. r� D-t'w� a� h0.`ne3) a�6 f. D-(1 H, w�.�� I eKpe-:�res �,,�y OLS Ctnnv-.te� Mr. Masden did different types of jobs on his land . They included welding , working on used equipment (machinery , autos) , iron works . He also built truck scales for Toledo Scales . Mr . Masden has been on the property since 1972 until his death in September , 1985 . Qty . Debra Patterson , Personal Representitive for the Estate of Lowell Masden . Y �ed t �Cvr ae L v � O3 �� „?a�e S9q� �e � Cp . Y`Q_c_0 r s . I 880111 1 L[GWN Qt.: HUQSO ►.' -,. r nnninmm�mnm it. . -; Ur pr Orr 11i ` , i1;'Ii il► iiili+ll!Ihl►IIIIIIiii;ri 111 I ,1:'i't! : II i, :uu I rill lib 1 IIh 'IItli i tr hill Iiil► �III�I i 11 1 iii �I l i�I i►11!: SEVENTH AVENJE- I f NNNNII 'lily;! 1IIJJJ[ iVlf ��NtII;N�IIi�llli' ' Illlil�ll Illilii • . ' I! I I" li! !{ {IIIIII I.' dil • ' IFff c45/ II; cIxm AVEWE f i: Iv. • i .. p111 v I .- ';{' I1 cf i Ito 1 Iill Ilt 14"it's. .1 Oyrrnnlr.■- MAIN /it fs IIIII i ' +'I il' ml ,;l ! I. 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JZ F {1, sz rr .r tECEIVEO COLORADO E 3EIVED S7O 5 •987 TYPE OR p DIVISION OF WATER RESOURCES PRINT IN jL x 1 2 1987 818 Centennial Bldg., 1313 Sherman St. COPY OF ACCEPTED f ON REQUEST. VAN Roam_ I ,EtiGutEUt OF COLORADO COUNTY OF --- Weld — S $$ -01747r . 08-12-B9+flffk2s4AT 1110 • TaLLTRCEX P0021. XX STATEMENT OF BENEFICIAL USE OF GROUND WATERti^.ilU AMENDMENT OF EXISTING RECORD CASH 60,00 CHG T- Xi- LATE REGISTRATION _0.00ITN 1 I• cl-1 7AB944 PERMIT NUMBER _ LOCATION OF WELL • NE AFFIANT(S) John E. Hochmi ller & M. Eleanor Hochmille>zo„n,y ,. Weld whose mailing — - — address is 1964(!.}JCR 28 i r, of elm W v., se<n. 1_City u--- -d°"—n CO____ -BOfi42._ . (...6�SL'—L�`t`a(sz.) G If.uU i(IYI Soy— 5 /C Twp. �J Rnq. _Vd .. r P M being duly sworn upon oath, deposes and says that he (they) Z N �� I ._ ir d�-„i� —bth is (are) the owner(s) of the well described hereon, the well is located as described above, at distances of r71Qot9 feet from the fdci. n _ inva "' I section line and /tyO feet from the G.Asti— section line, water from this well was first applied to a beneficial use for the purpose(s) described herein on the _ ii..r u. ag I., day of _ , l9aj—the maximum sustained pumping rate of the well is 15 __gallons per minute, the pumping rate claimed hereby is - 15 _ gallons per minute; the total depth of the well is 210 ft.' feet; the average annual amount housof water to be diverted is _a__ acre-feet; for which claim is hereby made for rrieat1dn ffrl protection, re Sanl tart/ CommerCl al business uspurpose(s); the legal description of the land on which& lawn, and � garden and individual mti from this well is used is 1 • of which acres ore :rriga,ed and which is illustrated on the map on the reverse sick of this form; thct this `,.ell was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with low; he (they) has (have) read the statements�made hereon; knows the content thereof; and that the same are true of his (their) knowledge. v ``� , ` (C T ERSE SIDE OF THIS FORM) Signature(s .,i,..,._. �- > T rr<<( 7 �d �1 4 Subscribed o �`nd sworn to before me on this ____ day —_ day of FOR OFFICE. USE ONLY 19 My Commission expires: court co„ No Ist es* P.mr . . Mr. Day Yr I C ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO D ---=--- —--Coy. PURSUANT TO THE FOLLOWING CONDITIONS: well Use C— D.,r. 6 / -. Been, -- Mon D„ D.;If 880ii `.Lett: Ent, State Document¢ry Fro I • Dote '3-aN- 2I) $ ._.3, gD - ......_...J AH2093071 PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by DEBRA PATFE WN, Whose address is P. O. Box 305,Hudson, CO 80642, as Personal Representative of the Estate of LOWELL MASDEN, Deceased, Grantor, to JOHN E. HOCHMILLER and M. ELEANOR address is 19640 Weld County hem uhose are not the a Y Road 28, Hudson, CO 80642, Grantees, and who -` spouse, anent or attorney of the Personal Representative or any-- corporation or trust in which the Personal Representative has a beneficial interest. e. WHEREAS, Lowell Masden died intestate in the County of Weld, State of Colorado, on September 28, 1985; and WHEREAS, Grantor was, duly appointed Personal Representative of said Estate by the District Court in and for the County of Weld and State of Colorado, in Probate No. 85PR285, on February 3, 1986, and is now g alificad and acting in said capacity; and NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby convey, assign, transfer and set over unto Grantees in Joint Tenancy for and in consideration of Thirty-five Thousand Dollars ($35,000.00), the following described real property situate in Weld County, Colorado: All of Tracts 14 and 15, and that part of Tract 13, lying Mast of Colorado State Highway No. 2 as established in 1952 and 1953, in Ireland Gardens, Weld County, Colorado, located in the North 1/2 SW 1/4 of Section 2, Township 1 North, Range 65 West of the 6th P.M., lying East of the right-of-way of the Neres Canal and North F, of Highway No. 81; except right-of-way as conveyed by Deed '3 p D recorded July 29, 1935, in Book 980, at page 594, Weld County Records. With all appurtenances subject to general property' taxes for the current year which' the Grantees assure and agree to pay, and subject to restrictions, reservations, easements and covenants of record.` ' Also _ excepting and reserving unto the Estate of Lowell Masden all the oil; gas and other minerals together with the right of ingress and egress to explore for and to extract same, lying in and under the property conveyed or that : . may be produced therefrom. It is the Grantor's intent to reserve the entire mineral interest to the Estate of Lowell Masden so that no oil, gas and ` other minerals shall pass under this conveyance. Signed and delivered this 19th day of March, 1987. A DA-na Patterson, Personal`Representative - of the Estate of Lowell Masden _. sTATE of 0DIDRADO) 4 T .knil-c. )ss. . ,, WELD ) 5 f c t The foregoing instrument was acknowledged lie !y 3 h,`2RF37r by Debra Patterson,'as Personal tYus J /`_ro y�f.+ "� fore me < rir6 ,4 ,nel(1, $d Deceased. L. Representative of the Estate oE '� :,•V. }lk,,,' t`at—. ' 4 &aTmy.hand and seal r WC t ° w , t :a-, 1,1( � 4 # r r i 7 . ' L ( -•h'�i 7 {ry r' 4 t , 1 a.t • qF, ei" 4Ft',� '2r�E , r 141. .er..._... ., ,4x t'T it'45 J y am . �`:t L 'ill).. ,� ..41T4, �t`E'7� '-n+n*wi+Prig(,�'^�yj ,f'w.. �,�. v h r �y. � �i. .��t + .ts�,�`": 74i::::4„ ,vq,{,.�` „ WHEREOF, I have 2�ereuQrto set rnii. baud "and 'official se l�ctfiis " ?•+." F� .ti�' ha's �' , 1987. ., w t .4)'r5%1�. : '.Fa,4',:t1,✓n J�g4>+u ': Cr r �t4e. k' �..1� "-':-_ -4; +'S":[y.-All '4rr �i u* r s..c�c t .. ai't st `._' .,,t'yl.. $ IIIIi88 .s " 1AQ...ti..�'l+r" §' -7 x:` rc.tG..�..—„ s+�—it'°� "''"' +s[w�-RSc: ) � h"` ;-y..—. ..r'._. � �-�- 'P -'2� ry x Tc t"�','"'vim' T�,Eu.+„y* '� rs^, s' _._ t ', . AtiICAC:Z1 +Or, 4 �x �� r • s l �yir4l tijtvM iJ r -15 ,, LY. ,,T• 4 crgt-e .aY * : ,� XF, : rK : y., an 7; , :., „ ... ` ' ' W r r te}P B 1150 REC 02093071 03/24/87. 16:27 $3.00 1/001 .F 1327 WARY ANN FEUERSTEIN CLERK 6 RECORDER, WELD CO, ' C "REZONING APPLICATION Case # Weld County, Colorado Dept. of Planning Services App. Ch'd By: Date Recd: 915 10th Street App. Fee: Receipt #: Greeley, Colorado 80631 Record. Fee Receipt #: 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 rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: (See attached Exhibit "A") (If additional space _is required, attach an additional sheet) Property Address (if available): 22303 I-76 Access Road, Hudson,_CO 80642 PRESENT ZONE Ag PROPOSED ZONE 1-3 TOTAL ACREAGE 8.351 OVERLAY ZONES None SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: John E. & M. Eleanor Hochmiller Home Telephone #: 534-5102 Address: 19640 WCR 28 Bus. Telephone il: 536-4348 Hudson. CO 80642 Name: Home Telephone 4I: Address: Bus. Telephone II: Name: Home Telephone #: Address: Bus. Telephone #: Applicant or Authorized Agent (if different than above) : Name: Lind, Lawrence & Ottenhoff Home Telephone /l: Address: 1011 Eleventh Avenue Bus. Telephone #: 353-2323 Greeley, CO 80631 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: (See attached Exhibit "B") Name: Address: Name: Address: Name: Address: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) S gnature: Authorized Agent , Attorney Subscribed and sworn to before me this 30th day of November ,19 87 . SEAL NOTARY P B IC My Commission expires: My Commission Expires 8S 111_ Aupuct 99. 1Q91 EXHIBIT "B" MINERAL OWNERS 1 . Shannon Millard P.O. Box 2675 Bullhead City, AZ 84630 2. Terri Masden P.O. Box 2675 Bullhead City, AZ 84630 3. Crystal Windscheimer P.O. Box 305 Hudson, CO 80642 4. Bret Masden c/o Pam McKinzie P.O. Box 562 Dewey, AZ 86327 5. Debra Patterson P.O. Box 305 Hudson, CO 80642 LESSEES 1 . Berge Exploration , Inc. 8674 Yates Drive, Suite 100 Westminster, CO 80030 850111 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property (See Exhibit "A") - STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. Kenneth F. Lind, The foregoing instrument was subscribed and sworn to before me this 30th day of November , 1987 By Kenneth F. Lind. WITNESS my hand and official seal . My Commission expires : Myelision'EE9xpires Notary Public 880112. EXHIBIT "A" All of Tracts 14 and 15 , and that part of Tract 13, lying East of Colorado State Highway No . 2 as established in 1952 and 1953 , in Ireland Gardens , Weld County, Colorado , located in the North} SW4 of Section 2, Township 1 North , Range 65 West of the 6th P . M. , lying East of the right-of-way of the Neres Canal and North of Highway No. 81 ; except right-of-way as conveyed by Deed recorded July 29 , 1935 , in Book 980 , at page 594 , Weld County Records. MINERAL OWNERS 1 . Shannon Millard P.O. Box 2675 Bullhead City, AZ 84630 2. Terri Masden -P.O. Box 2675 Bullhead City, AZ 84630 3. Crystal Windscheimer P.O. Box 305 Hudson, CO 80642 4. Bret Masden c/o Pam McKinzie P. 0. Box 562 Dewey, AZ 86327 5. Debra Patterson P.O. Box 305 Hudson, CO 80642 LESSEES 1 . Berge Exploration , Inc. $674 Yates Drive, Suite 100 Westminster, CO 80030 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property (See Exhibit "A") STATE OF COLORADO ) COUNTY _OF WELD ) ss. THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the • Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. Zth614--Psdn o F. lAttorney The foregoing instrument was subscribed and sworn to before me this 30th day of November , 19 87' )9 Kenneth F. Lind. WITNESS my hand and official seal . My Commission expires : My Commission Expires August 22, 1997 &id C.-- 9t/12 Notary Pub c y NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, STATE AND ZIP CODE ASSESSOR'S PARCEL IDENTIFICATION # Ernest A. & Maria F. Cony 200 S. Bryant Denver, CO 80219 147302002001 Lee A. & Linard D. Cecil P.O. Box 163 Hudson, CO 80642 147302003001 James Ryan 6591 E. 77th Place Commerce City, CO 80022 147302005008 JBJ Builders Co ation P.O. Box 217 -Hudson, CO 80642 147302005009 Kenneth L. & Retta Bass P.O. Box 418 Hudson CO 80642 147302005005 Oliver Maresh c o Rick Iverson 13676 WCR 3 t CO 80 01 1 7 0200 0 Edward Kerbs 1 8 S 1 0 State of Colorado artment of s 4201E Arkansas A Denver CO 80202 None Burl' ton Northern Railroad 3700 Globeville Road Denver CO 80216 N HEET NO. 31 WELD COUNTY,COLORADO, SOUTHERN PART (HUDSON QUADRANGLE) 104°373069 4a'\ 4r :,,x 7 f w: 21 70 !r`,'2� ',1441;'. 69 ?, y 7° 69 (>b;.. ,. . 49 , y{ ,t 49 69 1 S."r' 70 �et II 9 7 a Q 70 ft 69 a9 G� 1 69 70 I 144 F . X ' 28 / 27 I / V • 4 .P, ..irt M{ 69 49 it' i4 a. 6969 vxV 'lit 49 � } THE ,�.ji Fry 41 7 �• , M� W�•^••" Mtn yr ° a ,i- d , SAND + 70 .. .69 s^ 69 .• , e,.." y , 49L . .n II V " :! AA •2 ,w v )thHILLS 69 5 ..„.„,,, 33 to t` t 35 ' 72 ,. 4a 82 V:; 49 69 , r e lia AK r C ni' t Yr ,. „1.Z.,'). ,Pt, Y:t� n i0,4/T� (V C t"t�,4Y,i r �$, ...et e ;'r r ts,.;YI u37• 2 r'�' ��, d•'„ .. V try,9 i 0( 7;41 ! � + + e .� 47 .._. ' Ile ' - ( %e''7 .4 ® {yt _... r"'} r, i�;)dA"� H ,°` ,tr-" 15 °x' .•. . .. 78 rt1 W ,n.2 47 ,.t } B2 +� �: '7' '1- e, i lt,Y,EA I + P� w uN ,Cd° tCde; t n 1 -4 ,., + 9 •t� { i' l nEw'Z , n,� t'f" +� i�d.IIV1 . C..,y p s,`p ,.} if q L J CEMR;RY $j 'P 54 ty"ii+!,t„ V 4 • Y, 1 q.. u 1 7,7 v. ''.r•—",!•:-..Fly rYi d• K� y a i 5' '{T LJ yPc � C rvl Ys /400 rf �. , y t r 7A+( t V . 4-- .. � t�i k4v04'... .j ✓„ ' . t„ r ,4� gr.n �rry ra {� 4' G7 r 1 >,!� +LV � .� d ,,,,e,,+0,1 , -i �,{'-r..,,L.,e9.,y C C t 1st '4O ,,0\4 ,c ,704, '�S1r0.d 1' �, y� �N� „I• n �� VVt ,,,,,,,A,1; N^r.`k n - , t� t v 6-,, r , V t rt:e { 79 ,w sit .4.s 4_ 1rfxwad.+ 4 17, �yt . q4� 1 f.„, Tie i;4' i�t.. S� r .k1 8 .; J :cites � T'/AN LE 83 8,6 79 1O, '7`fk� ! : tt n iakz ES 'V I! x. • B2 t a 41 y1 o.J+ tit .`�u3t��is.iB+�t rit,U ` • 2re33 t4 � � re • '' 14 $3 (��" + M1.=�W t�, ) V♦Y�' .^. }k. ,S R r af. r a ,I 8 SOIL SURVEY filter the leachate. Sewage lagoons require sealing. 60 percent of the unit. Aquents, which have a lighter Lawns, shrubs, and trees grow well. Capability subclass colored surface layer, make up about 35 percent. About 5 litigated. percent is Aquepts and Bankard sandy loam. rItvan loam, 1 to 3 percent slopes. This is a deep, These are deep, poorly drained soils that formed in ained 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 blue ing corn, sugar beets, beans, alfalfa, small grain, potatoes, g from 3,000s are p also prominent.eain and onions. An example of a suitable cropping system is 3 Potential production ranges pounds per acre in pp g y favorable years to 2,000 pounds in unfavorable years. As to 4 years of alfalfa followed by torn, corn for silage, sugar beets, small grain, or beans. Land leveling, ditch range condition deteriorates, the switchgrass, alkali lining, and installing pipelines may±e needed for proper sedge, , and western wheatgrass decrease and saltgrass, water application. sedge, and rush increase. All methods of irrigation are suitable, but furrow ir- Management of vegetation should be based on taking half and leaving half of the total annual production. Seed- rigation is the most common. Barnyard manure and com- ing is difficult and costly because numerous tillage prac- mercial fertilizer are needed for top yields. Windbreaks and environmental plantins of trees and tices are required to eliminate the saltgrass sod. Switchgrass, western wheatgrass, alkali sacaton, tall shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing wheatgrass, and tall fescue are suitable for seeding. They vegetation should be continued for as many years as can be seeded into a clean, firm seedbed. Seedbed possible following planting. Trees that are best suited and preparation usually requires more than 1 year to eliminate the saltgrass sod. A grass drill should be used. have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and Seeding early in spring has proven most successful. hackberry. The shrubs best suited are skunkbush sumac, Wetland wildlife, especially waterfowl, utilize this unit. 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 fmd 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 4—Aquolls and Aquepts, flooded. This nearly level substratum does not contain enough fines to properly map unit is in depressions in smooth plains and along the filter the leachate. Sewage lagoons require sealing. bottoms of natural drainageways throughout the survey Lawns, shrubs, and trees grow well. Capability subclass area. Aquolls, which have a -dark colored surface layer, 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. 880111 1 I 30 SOIL SURVEY Permeability is moderately slow. Available water In irrigated areas this soil is suited to the crops com- capacity is high. The effective rooting depth is 60 inches monly grown in the area. Perennial grasses and alfalfa or or more. Surface runoff is slow, and the erosion hazard is close grown crops should be grown at least 50 percent of low. In irrigated areas this soil is suited to the crops corn- the time. Contour ditches and corrugations can be used in monly grown in the area. Perennial grasses and alfalfa or and cross crops and pasture. Furrows, contour furrows, close grown crops should be and cross slope ifsrr also are le. for ing crops.g Sto a grown at least 50 percent of kler irrigation is desirable. Keeping tillage to a the time. Contour ditches and corrugations can be used in minimum and utilizing crop residue help to control ero- � irrigating close grown crops and pasture. Furrows, con- sion. Maintaining fertility is important. Crops respond to tour furrows, and cross slope furrows are suitable for row applications of phosphorus and nitrogen. crops. Sprinkler irrigation is also desirable. Keeping til- In nonirrigated areas this soil is suited to winter wheat, lage to a minimum and utilizing crop residue help to con- barley, and sorghum. Most of the the acreage is planted trol erosion. Maintaining fertility is important. Crops to winter wheat. The predicted average yield is 20 respond to applications of phosphorus and nitrogen. In nonirrigated areas this soil is suited to winter wheat, bushels per acre. The soil is usually summer fallowed in barley, and sorghum. Most of the acreage is planted to alternate yars to allow moisture accumulation. Generally winter wheat. The predicted average yield is 28 bushels precipitation Stubble is too low for beneficial use nf fertilizer. per acre. The soil is summer fallowed in alternate years r mulch farming, s soil i blowing g,and dd water minimum on.to allow moisture accumulation. Generally precipitation is lage are needed may control to co itr water erosion. too low for beneficial use of fertilizer. Terracing also be needed control water erosion. Stubble mulch farming, atriperopping, and minimum til- The potential native vegetation on this range site is dominated by sand bluestem, sand reedgrass, and blue lage are needed to control soil blowing. Windbreaks and environmental plantings are generally grams Needleandthread switch suited to this soil. Soil blowing, the principal hazard in and western wheatgrass, asnent.. gram; establishing trees and shrubs, can be controlled by cul- g8 are also prominent Potential tivating only in the tree row and by leaving a strip of production 1,800 from 2,200 pounds per acre in range ble years to 1,800 pounds in unfavorable years. As range vegetation between the rows. Supplemental irrigation condition deteriorates, the sand bluestem, sand reedgrass, may be needed at the time of planting and during urin dry and switchgrass decrease and blue periods. Trees that are best suited and have good survival and sand sage increase. Annual weedsgraand ma, sand dull seed, are Rocky Mountain juniper, eastern redcedar, the site as range condition becomes poorer.grasses invade rosa pine, Siberian elm, Russian-olive, and hackberry. The Management of vegetation on this soil should be based shrubs best suited are skunkbush sumac, lilac, and Siberi- on taking half and leaving half of the total annual produc- an peashrub. tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats Wildlife is an important secondary use of this soil. Ring-necked pheasant, mourning dove, and many non- grams blue grams pubescent wheatgrass, and crested game species can be attracted by establishing areas for wheatgrass are suitable for seeding. The grass selected nesting and escape cover. For pheasants, undisturbed should meet the seasonal requirements of livestock,it can nesting cover is essential and should be included in plans be seeded into a clean, firm sorghum stubble, or it can be for habitat development, especially in areas of intensive drilled into a firm prepared seedbed. Seeding early in agriculture. spring has proven most successful. Few areas of this Nunn soil are in major growth and Windbreaks and environmental plantings are generally urbanized centers. The sandy surface layer, the moderate suited to this soil. Soil blowing, the principal hazard in shrink-swell potential in the subsoil, and the hazard of establishing trees and shrubs, can be controlled by cut- rare flooding along Box Elder Creek are the chief limit- tivating only in the tree row and by leaving a strip of ing features for development. Capability subclass IIIe ir- vegetation between the rows. Supplemental irrigation n d, IVe nonirrigated. may be needed at the time of planting and during dry Olney loamy sand, 1 to 3 percent slopes. This is a Periods. Trees that are best suited and have good survival de p, well drained soil on smooth plains at elevations of are Rocky Mountain juniper, eastern redcedar, ponderosa 4,600 to 5,200 feet. It formed in mixed outwash deposits, pine, Siberian elm, Russian-olive, and hackberry. The Included in mapping are some small leveled areas. shrubs best suited are skunkbush sumac, lilac, and Siberi- Typically the surface layer is grayish brown loamy sand an peashrub. about 9 inches thick. The subsoil is yellowish brown and Wildlife is an important secondary use of this soil. The very pale brown sandy clay loam about 15 inches thick. cropland areas provide favorable itat for ring-necked The substratum to a depth of 60 inches is very pale pheasant and mourning dove. Many nongame species can brown, calcareous fine sandy loam. be attracted by establishing areas for nesting$nd escape Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop- more. Surface runoff is slow, and the erosion hazard is ment, especially in areas of intensive agriculture. low. land wildlife, for example, the pronghorn antelope, Range- pe, can be 6S011 WELD COUNTY, COLORADO, SOUTHERN PART 1 attracted by developing livestock watering maracted livestock y gopzing and reseeding n where fnacilities, establishing trees and shrubs, can be controlled by 3- This ngl good potential for urban evelo tivating only in the tree row and by leaving a strip of only T limiting ssolhas feature is them development. The vegetation between the rows. Supplemental con in the moderately rapid permeability may be needed at the time of planting and during d the substratum,ubs from which causes a oonhazard of ground water avegoodsurvival B The loamy sand sur- are Rocs.ky yT Mountain o that are best st and have survival face layer is a limitation for recreational development. Once established, lawns, shrubs, are Rocky lm juniper, eastern red cedar, Oncebtstay subclass d lIle rnbs, and treespine, best Siberian elm, skunkbush and a lilac,ac an Siberi- irri sled grow well• shrubs beat suited are sumac, and Siberi_ Sandy Plains range site. irrigated, IVs nonirrigated; rY• The an peashrnb. 45—Olney loamy sand, 3 to 5 slopes. This a Wildlife is an important deep, well drained 3 at percent e slop of his is to cropland areas p rtant secondary use of this soil. The feet. It formed inedsoil in on plainsa out wash el deposits. Includedprovide d favorable Many a non for ring-necked to 5,200 mapping are small areas of soils that have .sandstone clue be attracted and by establishing mosrning dove. roe andsescape sturbed nesting cover is essen- and apale within aber. Fr ea nd game species can leveled areas. depth of 60 inches and some small cover. For areas for nesting escape tial and should be included in plans for habitat develop_ Typically the surface layer of this Olney soil is meet, especially in areas of intensive agriculture. be brown cally sand about a inches hiscO The sub isilgr yis land wildlife, for example, the brown brown ve trin Range- Typically 14 inches thick.n andT v alrown sandy to a depth of loam0 inches is maattnaging vb developing pronghorn antelope,needed.can Y about managing livestock P B livestock watering 4ri pale brown, he substratum b fine sandyad 1pth grazing, and reseeding where nt. The y Permeability This soil has good potential for urban development. moderate. The effective available water capacity are only limiting feat in the substatum,feature which causes a has the zarrapid of permeability more. Surface rooting depth is 60 inches or low, runoff is slow, and the erosion h contamination from sewage lae ground water In held if face layer is a limitation forgrecreatonalloamy sand sur- development. gated areas this soil is suited to the crops Once established, the lawns, shrubs, and trees manly grown in the area. Perennial com-grasses and alfalfa or Plains y srange site. tlass Hie irrigated, VI nonirri ated�w well. grown crops should be grown at least 50 Plains close time. Close grown cdobe and percent ofc Sandy the Clditches and corrugations.apasture can be irrigated 46—Olney s isadee fine sandy loam, 0 to 1 with contour, and cross slope furrows Furrows, contour This o a 4,60p, o , droned sot. on smooth plains a percent t mixed twas frr S, ndler ss are suitable for row tions s Included u 5,200 feet. It formed in loge crops. a minimum and amiss also desirable. Keeping deposits. Ikcsurfa in yer and are small areas o soils that trot mum Maintaining ng crop sidue help to have a dark surface layer some small leveled is areas. tent is erosion. P to con- brown ni finecally sahendy loam layer ot of inc s hi soil commercial important t izCrops respond to b organic matter con- fine sandy loam about 10 inches thick. The subsoil barnyard manure and is yellowish brown grayish loam The potential native vegetation about 15 inches hick.dThe ubstra um tovery pale brown aad depth of 60 dominated he by getation on this range site is Boma. Nee sandy blues switsand reedgrass, and blue inches is very pale brown, calcareous fine sandy loam. and western wheat grass, sideoatsPermeability and available grass are also grama, moderate, The runoff i e to , water capacity z are production ranges from 2,200 Prominent Potential g depth is 60 inches or hale years to 1,800 pounds per acre in favors_ more. Surface runoff is slow, Wcoe years deteriorate;pounds the in unfavorable years. As range low. and the ni-erosion crops. t con switchs bluestem, sand reed grass, Thi soil is used almost n yrgr for n irrigated crops. It Brass decrease and blue grass, is suited to all crops and sand sage increase, grams sand dresopseednvade ing corn, sugar bescommonly beans,nalfallffa, small in the area, tatoes, the site as range Annual weeds and Management as en condition d neon this comes soon should be based and onions. An example of a suitable grain, silo potatoes, taking and leaving to 4 years of alfalfa followed by once system is 3 tine. Seeding half is desirable ifthe of the total annual produc- sugar beets, small Csrn, corn for silage, tiles are needed to gram, or beans. Few conservation prac- on Sand ceding is sand reed poor condition. All methods of ration top n are suitable, grams blue drama, grass, switchgrass, sideoats rigation is the most comm n. Barnyard lmanure and om_ grama,rblu are suitable for seeding.wneatgrass, and crested mercial fertilizer are needed for top should meet the seasonal requirements of livestock. It can suited to this soil. Soil blowing,bh weeded into clean, firm sorghum stubble,Thegrass t it selected Windbreaks and environmental yields. drilled into a firmplantings are generally prepared seedbed. Seeding be establishing trees and shrubs, the principal hazard in strip of spring has proven successful. early in tivating can be controlled byenvironmentalmostinby g con suited to this soil. Soil blowing, vegetation between the rows. Supplemental irrigation the generally may be needed at the time of Principal hazard in periods. Trees that are best planting have and during d dry good survival 52 SOIL SURVEY the limited capacity of this soil to support a load. Capa- Management of vegetation on this soil should be based b' ' lass I irrigated. iley-Colby complex, 1 to 3 percent slo on taking half and leaving half of the total annual produc- ne slopes. This tion. Seeding is desirable if the range is in poor condition. of y level map un area at it is on smooth plains in the western Sideoats grama, little bluestem, western wheatgrass, blue feet. the makes up abouts60f per,nt of the 0 to t suitabl grama,e foreseedin wheatgrass,The and crested wheatgrass are unit, and the Colby soil about 30 percent. About 10 per- seasonal requirements of livestock. It can be seeded into seeding. grass selected should meet the cent is Heldt silty clay and Weld loam. a The Wiley soil is deep and well drained. It formed in fir clean,preparedirm sorghum stubble or it can be drilled into a calcareous eolian deposits. Typically the surface layer is seedbed. Seeding early in spring has pale brown silt loam about 11 inches thick. The subsoil is proven W most successful. pale brown silty clay loam about 23 inches thick. The sub- well suited to thesesoil and s. Cultivationato�ontrolecompet generally stratum to a depth of 60 inches is very pale brown silty vegetation should be continued for as many clay loam. poss le Permeability is moderately slow. Available water have�bgoodlsurvivallaremRocky Mountain r,suitedeastern rn capacity is high. The effective rooting depth is 60 inches redcedar, ponderosa or more. Surface runoff is medium, and the erosion hackbejuniper, pine, Siberian elm, Russian-olive, and hazard is moderate. rry. The shrubs best suited are skunkbush sumac, The Colby soil also is deep and well drained and formed lilac, Siberian peashrub, and American plum. in calcareous eolian deposits. Typically the surface layer and pcott cottontail enland I are,best suited pheasant, these soils.nWildlife is pale brown loam about 7 inches thick The underlying habitat development, including tree and shrub plantings material is very pale brown silt loam to a depth of 60 and grass plantings to serve as nesting areas, should be inches. is moderate. Available water capacity is successful without irrigation during most years. Under ir- Permeability high. The effective rooting depth is 60 inches or more. ing many kinds of openland Y rigation, good wildlife habitat can be established, benefit- modere runoff is medium, and the erosion hazard is The Wiley soil has nonly faire moderate. erate This map unit is used for irrigated and nonirrigated recreational developmentySlow potential for y urban and cropland and for rangeland, irrigated habitat,ndand urban shrink-swell potential, and limited pbearing llcapacityd cause development. problems in dwelling and road construction. The Colby irrigated areas these soils are suited to all crops soil has commonly good potential for e mod urban and recrcompensate eational develop- In grown in the area, including corn, sugar beets, Inert. Road design canthis be supportmodified a . Capabilityfor the beans, alfalfa, small g limited capacity of soil to suitn cropping grain, and onions. An example of a subclass IIe irrigated, IVe nonirrigated; Loamy system is 3 to 4 years of alfalfa fol- range site. lowed by corn, corn for silage, sugar beets, small grain, or 83—Wiley-Colby complex, 3 to 5 beans. Land leveling, ditch lining, and installing pipelines may be needed for proper water applications. sloping map unit is on plains at elevations of 4,850 percent elopes. This to 1 5,000 feet. The Wiley soil makes up about 60 percent of All methods of irrigation are suitable, but furrow ir- the unit, and the Colby soil about 30 rigation is the most common. Barnyard manure and com- percent is Heldt silty clay and Weld loam. mercial fertilizer are needed for top percent About 10 In nonirrilizer areas these soils yore suited to winter The Wiley soil is deep and well drained. It formed in layer is wheat, barley, and sorghum. Most of the acreage is t calcareous eolian deposits. Typically wheat, to wheat. The predicted averagepale brown silt loam about 11 inches thick The subsoil is pl bushels winter per acre. Thesoil he is summer fallowed yield in ais pale brown silty clay loam about 23 inches thick The sub- 28 ternate years to allow moisture accumulation. Generally stratum to a depth of 60 inches is very precipitation is too low for beneficial use of fertilizer, Y clay loam. pale brown silty Stubble mulch farming, striperopping, and minimum til- Permeability cyishigh. is effective slow. Available 60 water lage are needed to control soil blowing and water erosion, or more. Surface runoff is medium to rapid, and the capacity is high. The effective rooting depth is inches ero- Terracing also may be needed to control water erosion. sion hazard is moderate. The potential native vegetation is dominated by blue The Colby soil also is deep and well drained and formed grams. Several mid grasses such as western wheatgrass in calcareous eolian de and needleandthread are also present. Potential posits.inches Typcthiy the a underlying do ly tion ranges from 1,600 pounds per acre in favorable years matuc- is erial brown loam about 7 thick. Thedepthof0 to 1,000 pounds in unfavorable years. As range condition nches.al is very deteriorates, the mid pale brown silt loam to a of 60 dalogroa, the d grasses decrease; blue grama, buf- Permeability is moderate. Available water capacity is eand forage production drops. Undesirable weds iand an- high. The effective rooting depth is 60 inches or more. nuals invade the site as range condition becomes poorer. is moderate. Surface runoff is medium to rapid, and the erosion hazard esV Ji BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. O. BOX 758 GREELEY, COLORADO 80632 KENNETH F. LIND, ATTORNEY AT LAW LIND, LAWRENCE & OTTENHOFF 1011 11TH AVENUE GREELEY, CO 80631 HOCHM/L L ER ZONE CHANGE Z- 440 A (Agricultural) District to I-3 (Industrial ) District W I/4 Cox Sec. 2, 7 II( TIN., R.65 W. (Exist. No. 4 Rebar) / 16 tJe. j °' 5 No. Line SWI/4 Sec.2 Ns0°oo'oo_E 1229.57 _ 0 t N90°0000 E 648.68 �(r7 —F. P P P I _ It SO R.O.W.-5Ke5. PS. E3—e IN _— G 60th/ oo •'g a `sueleet to Couetr Reed .— Opa Rle ds-ot_Wes P P� `1� CONTAINS 5.351 ACRES • INCLUDIN• • ,O' %' • ` SUBJECT RIGHTS-OF-WAY ON THE NORTH ° 0' ' /y VAC Z CONTAINS 7.501 ACRES EXCLUDING i�' � 04. ' N NO. SOFT. FOR COUNTY ROAD PURPOSES Vie�f�° 2. 114.1 9.• k0 F' CONTAINS 7.501 ACRES EXCLUDING S. \41 NO. SOFT. FOR COUNTY ROAD PURPOSES \ • Ci(OP . ,it 44, s 4� o9h� SCALE: 111 =2001 . 5 • +F C30.94- (41' SQ. (� 9° W. L1n• of R.O.W. Described In 0 S Of X J -------!look 550, Page 594-Weld Co. Records \2�, I101N1 \ \AN\�Aye° +1' a LEGEND: O — Denotes No. 4 Rebar a Cap— Set- LS 4 23027 f \n", �` —e—e— - Denotes Ex. Fence '�£ Nvo Coal —r—P— — Denotes Ex. Powerline a am g� N LEGAL DESCRIPTION: (From Actual Field Survey) 3°�a 4! 7° That part of Tracts 13, 14 and 15, IRELAND GARDENS, a subdivision, a part of Section 2, Township 1 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado described as: Beginning at the west one-quarter corner of said Section 2, thence N90°00' 00"E on an assumed bearing along the North line Southwest one-quarter said Section 2 a distance of 1228. 57 feet to the True Point of Beginning, said point being on the easterly right-of-way line of Interstate 76, thence continuing N90°00 ' 00"E along said north line a distance of 648. 68 feet to a point on the westerly line of a parcel described in Book 980, Page 594, Weld County Records, thence 852°09 ' 53"W along said westerly line a distance of 1169. 92 feet to a point on the northerly right-of-way line of NERES CANAL, thence N21°48 ' 24"W along said northerly right-of-way line a distance of 138. 74 feet, thence N42°50 ' 07"W along said northerly right-of-way line a distance of 96. 25 feet to a point on the easterly right-of-way line of Interstate 76, thence N54°52 ' 42"E along said easterly right-of-way line a distance of 645. 84 feet to the True Point of Beginning. ' Contains 8. 351 Acres more or less, including subject rights-of-way on the nortt of the aforementioned legal description. Contains 7.903 Acres more or less excluding the north 30 feet for county road purposes as recorded in _road petition in Book 48, Page 23, Weld County Records . Contains 7. 603 Acres more or less excluding the north 50 feet. This parcel subject to county road rights-of-way crossing the north of this parcel . Basis for Bearings : The North line Southwest one-quarter, Section 2, Township 1 North, Range 65 West is assumed to be N90°00 ' 00"E. (Prepared by Acklam and Associates, Inc.) Sheet 2of2 HOCHM/L L ER ZONE CHANGE Z— 440 A (Agricultural) District to I-3 (Industrial ) District SURVEYOR'S supervision; andFthatEtheisameeby is correct toat thehis bestlat of ysg4,4'1 belief. my knowledge �Pf; '5z' ,, 17,0 . 4 CURT E. ACKLAM "' " Colorado PLS No. 23027 "" The foregoing certification was acknowledged before me this / �""df ,i-tif �.d/Zdf, A.D. , 19 pg . Witness my hand and seal . - ui;;`t— } My Commission expires : 42.67/ i Notary Public = ''� . , PROPERTY OWNERS APPROVAL: We, John E. and Eleanor Hochmiller, being the sole owners in fee of the above described property, do hereby request the zoning as shown on the attached map. clk: , —✓ ELEANOR E. HOCHMILLER OCHMILLER Theyfrego z d ing certification was acknowledged before me this n ///�a( A.D. , 19 N I' . Witness my hand and seal . day of _ h My Commission expires: P/,22/9/ _WIL/ Notary ublic PLANNING COMMISSION CERTIFICATION: This is to certify that the Weld County Planning Commission does hereby recommend to the Board of Commissioners, Weld County, Colorado for their confirmation, approval and ado tion of this Zone Change as shown and described hereon this 5 day of /9 44 19 �i 1 CHAIRMAN, fanning Commission BOARD OF COUNTY COMMISSIONERS CERTIFICATION: This is to certify that the Board of County Commissioners, Weld County, Colorado do hereby confirp, approve and adopt this Zone Change as shown and described hereon this /lc* day of , 19 it ATTEST: . �"v Ai,r t CO Y CLERK ekS CHAIRMAN, Board of Co. Commissioners C:: /rP ,owri* all.,...„,L.At2 RECORDED: DATE: (Prepared by: Acklam and Associates , Inc.) Sheet I of 2 Hello