The URL can be used to link to this page

Browse Search

Home My WebLink About860423.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN AGRICULTURAL BUSINESS (PORTABLE TOILET SERVICE) - BETTY J. KLINE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home tule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public tearing on the 30th day of April, 1986 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Betty J. Kline, 22518 Weld County Road 41 , La Salle , Colorado 80645 , for a Use by Special Review for an agricultural business (portable toilet service) on the following described real estate , to-wit: Part of the NWo, Section 9 , Township 4 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows: a. -The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive 3?lan encourages the development of agribusiness and agriculturally oriented industry provided these -enterprises do not adversely affect the local economy or environment. 860423 7°L O o 37 O ' 27,4? Page 2 RE: USR - KLINE b. The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with _other agricultural activities in the area or the County, and as a Use by Special Review the -activity can take place in the district. c. The La Salle Planning Commission has reviewed this proposal and _recommends approval. d. No overlay districts affect the site. e. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for an agricultural business (portable toilet service) on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions : 1 . The attached Development Standards for the -Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2 . No buil-ding or electrical permits shall be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within thirty days of final approval from the Board of County Commissioners, the applicant/operator shall submit information to the Division of Water Resources for review regarding the water source for the proposed use. A letter of approval shall be delivered to the Department of Planning Services. 860423 I Page 3 RE: USE - KLINE The above and foregoi-ng Resolution was , on motion duly -made and seconded, adopted by the following vote on the 30th day of April, A.D. , 19$6 . a,,„;,,,,, {- BOARD OF COUNTY COMMISSIONERS ATTEST: 4/�rJ WELR COUNTY, COLORADO Weld County lerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Jacquel ' ne , nson ,Chairman o CS-Y• O77c / G. d.* ". Zacy, -T-em pity County Clerk EXCUSED DATE O SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner Z , , C-”irby County Attorney /1 F , k g hi 860423 1 DEVELOPMENT STANDARDS Betty J. Kline USR-728: 86: 10 1 . The Use by Special Review permit is for an agricultural business (portable toilet service) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. The outdoor phone speaker shall be turned down from 6 : 00 p.m. to 7: 00 a.m. Monday through Friday and all day Saturday and Sunday. 3 . All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 5. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 6 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 7 . The Use by Special _Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 860423 Page 2 DEVELOPMENT STANDARDS - KLINE 8 . The property _owner or operator shall be responsible for complying with all of the foregoing Standards . Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 9. If approval of the existing well is not received from the Division of Water Resources , the applicant shall truck water in for the Ilse by Special Review activity. 860423 HEARING CERTIFICATION DOCKET NO. 86-25 RE: USE BY SPECIAL REVIEW FOR AN AGRICULTURAL BUSINESS (PORTABLE TOILET SERVICE) - BETTY J. KLINE A public hearing was conducted on April 30, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro—Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated April 9, 1986, and duly published April 17, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of Betty J. Kline for a Use by Special Review for an agricultural business (portable toilet service) . Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche, Planning Department representative, read the favorable recommendation of the Planning Commission into the record. She stated that the recommendation contains three Conditions and eight Development Standards. Joe Hellewell, Attorney representing the applicant, came forward to answer questions of the Board, as did the applicant. Discussion centered around Condition #3 concerning submission of information to the Division of Water Resources regarding the water source. Mr. Hellewell stated that Ms. Kline has arranged to haul water from a neighbor who is in the water supply business if the well on the property is not approved for this usage. No public testimony was offered regarding this request. Ms. de Besche read into the record proposed Development Standard #9, "If approval of the existing well is not received from the Division of Water Resources, the applicant shall truck water in for the Use by Special Review activity." Commissioner Lacy moved to add the Development Standard as read. Commissioner Yamaguchi seconded the motion which carried unanimously. Commissioner Lacy moved to delete the words "and approval" from Condition #3. The motion, seconded by Commissioner Kirby, carried unanimously. Commissioner Lacy moved to approve the Use by Special Review for an agricultural business, subject to the amended Conditions and Development Standards. Commissioner Brantner seconded the motion which carried unanimously. This Certification was approved on the 5th day of May, 1986. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: !1 (17 (stn v� 2LtP�t4 lPA.rJ WELD COUNTY, COLORADO Weld County Clerk U/ and Recorder EXCUSED DATE OF APPROVAL and Clerk to the Boar Jacquel n arson, airman By c. bYl�sn c2i �� D puty County Cler G GS r Lacy, ro em EXCUSED DATE 0 PPROVAL Gene R. Brantn TAPE #86-31 C.W. Kirb DOCKET #86-25 PL0037 Fran Yamaguch • ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : APRIL 30, 1986 DOCKET # 86-25 USR, AGRICULTURAL BUSINESS - BETTY J. KLINE DOCKET # 86-26 USR, OIL & GAS SUPPORT OPERATION - COORS ENERGY COMPANY DOCKET # 86-27 AMEND SUP, EXPANSION OF LIVESTOCK OPERATION - ULRICH FARMS, INC. DOCKET #86-29 AMEND USR TO INCLUDE HORSE BOARDING, CHRIS & TERRANCE AMMON & JOHN MARTINEZ PLEASE write or print legibly your - name , address and the DOC n (as listed above) or the applicants name of the hearing you are attending . NAME ADDRESS HEARING ATTENDING rt_.-X" e :22 :17 E. e e.fai F S riZ Fc- 2r \`o e , / , / e/,' /32r /z one--A-/ zr Ithitactg; ko_.. 7:;2_11. 1 q,,^‘)&7-ott CO TO Ci-Af -inc" /"Go // eita e0 , `714,, 7e31,--422,2 ic(4, - 6, 12( 46-7,ic TE- to , )f/. G ff - 2 X05 L. . �? LO. .S'6 fix- p( //-/A gw �ref4 , it, �J,, ``/F C� / L/�I� � Goo , R4 . 7 ► pLci v //< (o / 8-0 c t � .,z 1CtC;1P420 k4Ec≥o c&T I ceel 0.1(- p(af te, Ire 66-2-t Racy Moyer 95 '13 NWyc4/,, Plaf illy . 5Z-Z7 - 1 • h.. - es." or II' L�x�_ or in f i 4 �'• .ed rd5 i a* —...-- la IN 1 • ma a i y aw PLUM' Ale r ■ mow.. ,,,:.. • R, V {' y • - 04 ;..ate• 1: ' I a _ ilSIIII II r ... env situ . c ^'fib,14'7 2s ca + .:r C - ... i yp . . i. t,Ititall i_____ - , , :.,..., ,,,:e., 11 . r `sue ram. ' • r i': : ' • • " / I �yr 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 Lounty Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Fluor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Ilse by Special Review are requested to attend and may be heard. Should the applicant or any interested party -desire the presence of a court reporter to -make a record of the proceedings, in addition to the taped record -which will lie kept during the hearing, The Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in-writing of such action at least five -days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so _certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of Bounty Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-25 Betty J. Kline 2251-8 Weld County Road 41 La Salle, Colorado 80645 DATE: April 30, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review — Agricultural business (portable toilet service) LEGAL DESCRIPTION: Part of the NW} , Section 9, Township 4 North, _Range 65 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: April 9, 1986 PUBLISHED: April 17, 1986, in the Johnstown Breeze Exn)B,r D AFFIDAVITOF PUBLICATION THE JOHNSTDWN$REEZE STATE OF COLORADO ) NOTICE 1 SS the hoo of,m zonfre l of COUNTY OF WELD 1 Weld Glumly Wads Pad the I, Clyde Briggs, do solemnly swear that I a pubflo heaanp flingyelli b antheld e am publisher of The Johnstown Breeze; County n c m of the Board of that the same is a weekly newspaper cow*, Colorado Mir*1 • Weld printed, in whole or in part, and published camerae,a °Foor e16 fotK in the County of Weld, State of Colorado, colored*, es the tlme Greeley, and has-a general circulation therein; that R Review d Iaren the uee°-yby nrann°' said newspaper has been published and may be arra°d o attend) continuously and uninterruptedly in said Snout' - County of Weld for a period of more than interested paryi cant at any fifty-two consecutive weeks prior to the make • court trier to first publication of the annexed legal notice sets kt it as he, pro- or advertisement; that said newspaper has nirrdNh aa9 barrepad a png been admitted to the United States mails as duringhearinu ?ra"rtlie a ppat1°a�td1° second-class matter under the provisions of Set' it -rep°aemih-the the Act of March 3, 1879, or any OOfficeeMa advrote°&` a amendments thereof, and that said Arlon t 'L rt� newspaper is a weekly newspaper duly beeno�amlrro ayt? T^B° df qualified for publishing legal notices and �"7*requesting per .y. advertisements within the meaning of the text a ADC KNOWN that }he laws of the State of Colorado. Weld pt°a lned be the That the annexed legal notice or advertise- sion •da_ mine-commis- ment was published in the regular and County ' ` 0 the Board of entire issue of every number of said weekly Cents p, ;Alto Centennial newspaper for the period of f consecu- Floor,-plyeyy?a do. Third live insertions; and that the first DOCKET NO. 88.25 publication of said notice was in the issue pt. APPLICANT said newspaper datcdit-17 A.D. IbBb 22sle Belly J. Kline and that the last publication of said notice Rld oad a7 was in the issue of said newspaper dated LaSalle,-Colorado 80646 DATE) April gg 1988 A.D. 19 TlME.2coo a* In witness whereof I have hereunto set my hand�}us 2C day u� REQUESfito t.) Special A.D. 19..W qqqq / Review • A t-serviceY Rayless MBetyengoef business LEGAL DEiciu2a oke Part or the /////�J� • .M., Ree •- S .1Toof the-8th h L/ North, P.M.. Wsyn� ld my, C to the-gth Publisher my, Cobmdo BOCOMMI3 COMMISSIONERS RS WELD COUNTY, Subscribed and sworn to before me, a COLORADO Notary Public in and for the County of BY. MARY ANN Weld,el/�� State of Colorado, this .2j.. day of COUNTY CLERK ANID ..lrr� .RX/... A.D. 19.9 6 RECORDER AND CLERK __// TO THE BOARD ��; 7- DATED. April Mary RelR-Deputy L�, /""^-'� �°u. April a, 1967 is, 7987 Notary Public. PUBLISHED: Aprd 17,E 1986, in the Johnstown Breeze - .ti venal so,nstown,. CO tC"134 My commission expires Affidavit of Publication LE¢ALta STATE OF COLORADO) staff alt CpNNt ing Iswa el fM County of Weld) ss. C°°ntY z°rainy 6rainanc:° GMm °.Mart!will bfkNA in the 1 Pa Paul )'19 P 9 e V of tom uwtar oMar�eF Ceunly G°ttrayo,. ._ toejl 1 Cantor. fISMb Street,kiyY. fli— said County of Weld being duly sworn,say that I y, Colorado, at rif Nme am publisher of speaBea.All tnnsons in any man• La Salle Leader. snail aw a�r�r wa by Spa. that the same is a weekly newspaper of general °^°may be heardueslMf•anend circulation was printed and published in the SMula town of r(Mid art t it applicant or any lnle. La Salle I.e a d e r a cerfifietlN tln7n IM preaakee of a record of Me n reporter to maM in said county and state:that the notice of adver- tisement,of which the annexed is a true copy has be kept d taped roc°r°which will been published in said weekly newspaper for GIerN�to Ip°Np^f the kearinf, Me M Clark f o teetar''artl•s t certified pt: 7EgiafiaYcRfXu1¢ �ourt report bta list a eeaS a one owt-r3IM'II a weeks: that the notice was published in the Elerk ra '�°ined trta'� RN shall BoaIn ri ing regular and entire issue of every number of said • al sucA M' ativisetl In wr7Nng newspaper during the period and time of publica- tion of said notice and in the newspaper proper °^fafinfA a TWorter shalt e and not in a supplement thereof: that the first borne by Pot"regoesNng party, publication of said notice was contained in the issue of said newspaper bearing the date. the fE IT.ALSO KNOWpydaf Ike text and maps so cetWlW Wild 17 date of Ap r l l A.D.. 19 86 be ueaam'rnea"f Gom Bsig1:ma perk Jo I^ tee allira dY Me n and the last publication thereof, in the issue of Gammisstont,n located i rtl °/ C°°^fY Goeet TMr4 rd Fl en"r the Weld said newspaper,bearing date.the 1 7 day of Street r ch TMrO plepq Drgl�y IC h nr7 1 . 1986 that the said DOCKET Np,eaaf - . Ln CA n T o4er' A7WLIG Vine has been published continously and uninter- Y751elosigineceloglitysitssion:09:Eoa:sil �°Ry� Xitne ruptedly during the period of at least fifty-two , L e s consecutive weeks next prior to the first issue DAM,thereof containing said notice or advertisement1p above referred to: and that said newspaper wast"at the time of each of the publications of saidR�DUEST:Us inotice duly qualified for that purpose within theto,ie Mural b �Ia °vw meaning of an act entitled. "An Act ConcerningR°rvicel sLegal Notices, Advertisements and PublicationsLEGAL DESC and the Fees of rinters and lishers and to Repeal ally Acts and Partsof Acts ineCon- bfllpp,H°h)h 7f 4 diet with the Provisions of this Act" approvedtfelB llkm* °C April 7. 1921, and all amendments thereof, and g ^_particularity as amended by an act approved. wEl Ir rAaatO _March 30. 1923, and an act approved May 13. DGDUNDY.CDLDR 1931. BY• MARY ANN AND LLERK TD THE DARD R Publisher ,.l''// 'Mary Roill, Subscribed and sworn to before me this ?�- DATED: April I Ipso DaPuf, • day o( 744/!',., i- A.D., 19 J ‘' Aprblg,.y86 the La Salle Leatler �' Y MM� nn � ' , �C,ItL fief :✓ .. ; . Notary kiblic N -/�y ' y zG I.., 1--hi A u GE l _ per! r< >R. '- Q_:. V' 4 My commission expires 11/1-6 11 DATE: April 9 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 30th day of April, 1986 , at 2: 00 P.M. Docket No. 86-25 - Betty J. Kline, USR-Agricultural business (portable toilet service) Docket No. 86-26 - Coors Energy Company, USR-Oil and gas support operation (saltwater injection facility) Docket No. 86-27 - Ulrich Farms, Inc. , Amend SUP to allow expansion of a livestock confinement operation OFFICE OF THE CLE K TO THE BOARD BY: Soy Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO Summary of the Weld County Planning Commission Meeting April 1, 1986 Page 3 The Chairman asked the applicants if they had reviewed the recommendation, conditions, and Development Standards as outlined by the Department of Planning Services staff. They stated they have no objections to anything outlined. The Chairman asked Debbie deBesche to read the recommendations, conditions, and Development Standards into the record. MOTION: Lydia Dunbar moved Case Number Amended SUP-127:86:9 for Ulrich Farms, Inc. , to amend a Use by Special Use permit to allow expansion of a livestock confinement operation be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Louis Rademacher - Yes, he realizes that John DiTirro will have an odor problem once in awhile. He lives next to Reynold's Cattle Company and they enlarged from six thousand head to between ten and fifteen thousand head and a couple of times a year he will get a little odor, but it isn't all that bad. Many dairies have gone out of business now, and since he farms ten quarters, he and many other farmers need some local places they can sell their products to. Lynn Brown - yes; Doug Graff - yes; Lydia. Dunbar - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. Tape 237 - Side 1 - CASE NUMBER: USR-728:86: 10 311 APPLICANT: Betty J. Kline REQUEST: A Use by Special Review permit for an agricultural related business (portable toilet service) LEGAL DESCRIPTION: Part of the NW}, Section 9, T4N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles southeast of La Salle; west of Weld County Road 43 and north of Weld County Road 46 ' ,0I_Y23 c 774/B1 T e l�. r Summary of the Weld County Planning Commission Meeting April 1, 1986 Page 4 APPEARANCE: Joseph Hellewell, Attorney, represented Betty Kline. Mrs. Kline has lived on this property and operated this business from her property since 1973. She has a small acreage and there are other small acreages and businesses in the area. She has a sanitation service that pumps septic system tanks, etc. She keeps very good records which are provided to the Weld County Health Department. She also has portable toilets which are used by construction companies, farm workers, and large gatherings. He presented a letter from a water attorney who felt she had a very good chance to continue to use this well for her business. The letter was retained by the staff for evidence. If her request to use the well in her business is denied they have made plans to haul water from an approved site to conduct their business. Rex Kline, son of Betty Kline, reported that in their yard they have a speaker turned up so they can hear it when they are outside. They did not realize this was offensive to any of their neighbors. They only have it turned up during the day now. They dump the refuse from their truck in an approved site in Larimer County. Barrels of liquid used in the portable toilets are stored outside. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked if they had reviewed the recommendation, conditions, and Development Standards as outlined by the Department of Planning Services staff. They stated they have reviewed them and have no objections to them. The Chairman asked that reading of the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Lynn Brown moved Case Number USR-728:86: 10 for a Use by Special Review permit for an agricultural related business (portable toilet service) be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Doug Graff. 1 if Summary of the Weld County Planning Commission Meeting April 1, 1986 Page 5 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Louis Rademacher - yes; Lynn Brown - yes; Doug Graff - yes; Lydia Dunbar - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-729:86: 11 APPLICANT: Coors Energy Company REQUEST: A Use by Special Review permit for an oil and gas support operation (saltwater injection facility) LEGAL DESCRIPTION: Part of the SW} SE} , Section 26, T6N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.25 miles northeast of Greeley; north of Weld County Road 64 and west of Weld County Road 47 APPEARANCE: Ralph Nelms, Petroleum Engineer, represented Coors Energy Company. He reported he had prepared the Use by Special Review permit application and the application to the State of Colorado. They want to use this facility to dispose of salt water from other drillers in the area. There are five tanks for salt water and one tank for oil that will be skimmed off of the salt water on this site. The salt water will be injected into the Alliance Formation, which is about 8,800 feet deep. They feel this is a safe way to dispose of salt water. They have also obtained the approval of the State Oil and Gas Conservation Commission. Lynn Volkers, Production Manager for this site reported there are one to two trucks entering the site each day. They can dispose of approximately two hundred barrels of salt water per day. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked the applicants if they had reviewed the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff. They reviewed the recommendations, conditions, and Development Standards and have no problem with them. The Chairman asked that reading of the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of the proceedings. I BEFORE THE WELD COUNTY, COLORADO _PLANNING COMMISSION RESOLUTION OF -RECOMMENDATION TO THE -BOARD OF COUNTY COMMISSIONERS Moved by Lynn Brown that the following resolution be introduced for passage by the Weld County Planning Commission. Be it ResolveF1 ,by the Weld County Planning Commission that the application for: WEt� CAW JN Ch's'"3C `"' �� r �r-nc-Tr 717 ri , CASE NUMBER: USR-728:86:10 9 `` NAME: Betty J. Kline APR 3 1988 'h €29- all--ADDRESS: 22518 Weld County Road 41, La Salle, CO b0645 tLE LEY. COLO. REQUEST: Use by Special Review permit for Agricultural Business (portable toilet -service) . LEGAL DESCRIPTION: Part of the NW}, Section 9, T4N, -R65W -of the 6th P.M. , Weld County, Color-ado LOCATION: Approximately 1.5 miles southeast of La Salle; west of Weld County Road 43 and north -of Weld County Road 4b. be -recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Dsdinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent -with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment; - The proposal is consistent with the intent of the Agricultural Zone District An that the proposed use does not interfere with other agricultural activities in the area or the County, and as a Use by Special Review the activity can take place in the district; - The La Salle Planning Commission has reviewed this proposal and recommends approval; - No overlay districts affect the site; and - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. €inr h �XN/Ri 7 Betty J. Kline USR-728:86: 10 April 1, 1986 Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval -is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. No building or Electrical permits -shall be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of final approval from the Board of County Commissioners, the applicant/operator shall submit information to the Division -of Water Resources for review and approval regarding the water source for the proposed use. A letter of approval shall be delivered to the Department of Planning Services. Motion seconded by Doug Graff. Vote: For Passage Against Passage Ann Garrison Louis Rademacher Lynn Brown Doug Graff Lydia Dunbar Paulette Weaver Jack Holman 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. P Y 3 Betty J. Kline USR-728:86: 10 April 1, 1986 Page 3 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on April 1, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 2nd of Arpil, 1986. �O2a-�aa9._ ©``bc) Bobbie Good Secretary _I I _ DEVELOPMENT STANDARDS Betty J. Kline USR-728:86:10 1. The Use by Special Review permit is for an Agricultural Business (portable toilet service) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The outdoor phone speaker shall be turned down from 6:00 p.m. to 7:00 a.m. Monday through Friday and all day Saturday and Sunday. 3. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 5. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 6. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 7. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. rte• ADDITIONAL COMMENTS Betty J. Kline USR-728:86: 10 The West Greeley Soil Conservation District Service Board will review this case April 14, 1986. Mrs. Kanapp, the neighbor to the south would like to see the phone speaker turned down in the evenings and weekends. The Department of Planning Services has not received a response from the State Engineer Division of Water Resources. Specific recommendations or concerns of the foregoing referral agencies will be presented to the Board of County Commissioners when it considers the application. cc. . c yf iT INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number 4 5'c 7 7. 2Y4 /O Submitted or Prepared Prior to Hearing At Hearing 1. Application 9 Pages t� 2. l� 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 f 7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 1/17 10. DPS Field Check /f f y� r !/ V ` ry�,"i'Y"'t K..° t..�) �'</ r„'!�n.�.�a. .4�11f'ie'2f`.tq d -G lam/ P 3— --7--3 13 i' elOt.el 31- r e 14. P IJ-5 64.4 h'L[.f.[G4' 15. 16. 17. 18. 19. 20. I hereby certify that the L.3 3 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify hat3 these items were forwarded to the Clerk to the Board's office on 1916. Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 3'`a DAY OF © irt' \ 19 %to SEAL 1/41 P \,5.0 NO RY PUBLIC 4-X/ it/? A _ �_ _. My COMMISsT"N FyptlTS / EXHIBIT INVENTORY CONTROL SHEET N/Case 5/L/�- jy�/ Exhibit Submitted By Exhibit Description -3AL WSrs, 42i# -cexoentoy ezten 4-ez-_zattoC- '•-9"06 B. T'iGC71-7Z(/ Lp//i/J/LCQC000z W to V C. iairti 627,277, e.oea, L ,t i�� i i °�a/�inr aza E. F. G. H. I. J. K. L. M. N. 0. r T23 Thomas J. Aron, Jr. Attorney at Law 1327 10th Avenue -P.O. Box 1745 Greeley, Colorado 80632 303/356-6666 March 31 , 1986 Joseph H. Hellewell, Esq . Attorney at Law Minton & Hellewell , P .C . 1325 11th Avenue Greeley , Colorado 80631 Dear Joe : Re : Special Review — Weld County Betty J. Kline dba Slim' s Sanitation, Inc. You referred Betty to me for review of the water rights aspects of her business , especially in conjunction with her application for Special Review by Weld County. This letter is to serve as my initial opinion and work plan for her matter. The source of water for all uses on her property has been a well located 220 feet east and 35 feet north of the W1/4 corner of Section 9 , Township 4 North, Range 65 West, Weld County. It was drilled on June 10, 1965 , apparently as a redrill of an existing older well which had deteriorated. At that time it was used for all domestic purposes and irrigation. In 1973 , the business of Slim' s Sanitation, Inc . , was established on the property and water from the well was used commercially. The water usage is quite small and the maximum pumping rate has been 15 gallons per minute. At that time , this would have been an exempt commercial well. I will be assisting Betty in attempting to get that legal status recognized for the well and to carefully study whether the well may be nontributary. Pending conclusion of that effort , I have advised her to continue its use . The State Engineer has not issued any Cease and Desist Orders regarding its use, and no other agency has authority to do so . Yours truly, TJA/bjg Thomas J. Aron, Jr . t 3112-7 - irr March 27, 1986 Ms. Debbie deBesche Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Kline Special Review, USR-728:86:10 SWNW1/4, Sec. 9, T4N, R65W Dear Ms. deBesche: We have reviewed the above referenced application for a Use by Special Review permit to operate a portable toilet service business on 2.5 acres. The applicant proposes to truck water in to meet all water requirements of the business. No indication was given of the source of this water. The applicant should demonstrate to the county that the source has decreed water rights (commercial or industrial) which allow the proposed use and which are senior enough to be considered a dependable supply. Please contact Jim Hall of my staff if we can be of further assistance. Sincerely, 1111-) Hal D. Simpson, P.E. Deputy State Engineer HDS/JRH:ma/7372H cc: Alan Berryman, Div. Eng. Steve Lautenschlager AR 311986 • IS to. Planning Commission eta Date: April 1, 1986 CASE NUMBER: USR-728:86:10 NAME: Betty J. Kline ADDRESS: 22518 Weld County Road 41 , LaSalle, CO 80645 REQUEST: Use by Special Review permit for Agricultural Business (portable toilet service) . LEGAL DESCRIPTION: Pt. NW} of Section 9, T4N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1} miles southeast of LaSalle, west of Weld County Road 43 and north of Weld County Road 46. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment; - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County, and as a Use by Special Review the activity can take place in the district; - The LaSalle Planning Commission has reviewed this proposal and recommends approval; - No overlay districts affect the site; and - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. 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. JTJ- Betty J. Kline USR-728:86: 10 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. No building or electrical permits shall be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of final approval from the Board of County Commissioners, the applicant/operator shall submit information to the Division cf Water Resources for review and approval regarding the water source for the proposed use. A letter of approval shall be delivered to the Department of Planning Services. CEa,/72 I��I DEVELOPMENT STANDARDS Betty J. Kline USR-728:86:10 I. The Use by Special Review permit is for an Agricultural Business (portable toilet service) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The outdoor phone speaker shall be turned down from 6:00 p.m. to 7:00 a.m. Monday through Friday and all day Saturday and Sunday. 3. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 5. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 6. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 7. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. -r C4 ADDITIONAL COMMENTS Betty J. Kline USR-728:86: 10 The West Greeley Soil Conservation District Service Board will review this case April 14, 1986. Mrs. Kanapp, the neighbor to the south would like to see the phone speaker turned down in the evenings and weekends. The Department of Planning Services has not received a response from the State Engineer Division of Water Resources. Specific recommendations or concerns of the foregoing referral agencies will be presented to the Board of County Commissioners when it considers the application. fc.. r2, i LAND-USE APPLICATION SUMMARY SHEET Date: March 25, 1986 CASE NUMBER: USR-728:86:10 NAME: Betty J. Kline ADDRESS: 22518 Weld County Road 41, LaSalle, CO 80645 REQUEST: Use by Special Review permit for an Agricultural Business (portable toilet service) . LEGAL DESCRIPTION: Pt. NW} of Section 9, T4N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1} miles southeast of LaSalle, west of Weld County Road 43, and north of Weld County Road 46. SIZE OF PARCEL: 2.5 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services has not received a referral response from the following: - State Engineer Division of Water Resources - West Greeley Soil Conservation Service - Town of LaSalle The Department of Planning Services has received inquiries on this proposal but no objections have been received. The use is currently in process. The applicant was not aware of the need for the Use by Special Review permit. 1111( a3/7,2 II FIELD CHECK FILING NUMBER: USR-728:86:10 DATE OF INSPECTION: March 20, 1986 NAME: Betty J. Kline REQUEST: A Use by Special Review permit for an agricultural business (portable toilet service) LEGAL DESCRIPTION: Part of the NW}, Section 9, T4N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles southeast of La Salle; west of Weld County Road 43 and north of Weld County Road 46 LAND USE: N Farmland E Farmland S Residence W Weld County Road 41, grassland with a tank battery ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: There are two accesses to the site from Weld County Road 41 which is a gravel surfaced road. Existing on the site is a house, garage, office/shop, truck storage shed, and miscellaneous outbuildings. The operation is currently in process. There are approximately a dozen vehicles parked on the lot with approximately 100 porta-toilets stored on the site. By: Debbie deBesche Current Planner i a. ,,:1l4 L '._ 'k o =f . • N =o _ q:° x R ••' P n i z _ R z] (! • 1 • Iri A\20 2 .v•pp n . 1 - C •. • ` ,Il Sr • V f° '29 ° 2.• . ,i c a =s a /s• 'II xn 'get 26 ▪�' A ;�° � • �l \ ▪ .L ° . Fa a.•• ;tea_ . .•' -2 ca( 1 w sr,9N.� ` -TUBERSFmc v I L. f> >. t ss s= • ss •�� 1 ,� •a ••rts 22 K' (• �• ° F 4iK, Q •oe rTI . ♦�g -7721.:1•11 a▪ % a. "+•"31 �. ° '' . ° ' "a ThTt —.F, -- -- I ° ".• >• 4'0•I'•Ruoa: n ° K • °. C7.� .. ..C F,�caT s. • , • • I . c°x' ll,^�>. • ° EATON L , • K ) i •wE�.Y I wr/=spu; . x 3 Ero°sib°K• n // s v z • I.. o`x { K • x I ` + a I °g K • �)� ° x , Nox. •x ° L. 13 ° p ° :• •L. aov'� :a9. �ee C ,i s▪ YEN 24 I. 1 j� ! _e , � • _'j•: _ - •I• _- ,1-.-- :: :• - - •• all t 1°p° L'�'(J.., : - -'- -I- at, E7 - :- x-• • •°.fu An:/p •▪ . . . 1 •QNLOH • '. IYI • ER. \ '. •• II.W 3YJ• ▪ . 9upl.e .. . :nln= • IJ ]I •Z. t I•i o• •• • • • 1I' `° — ° 1 .. S ` _ 3 LUCERNE ' • 7 5a ••• I . °' 1•co.°aL}' • 1` •,1�23 :▪ !• _ 3°. •�.: I 5°°'° .... 1...... ...... '.1�... Q elf °1 I • G�•'• • n. • •_ [ [ MON PACIFIC ▪ 9 1 1 qq° • 1 ,Eoncn KF. �1 j ro▪ Ili .`f.. 9';�= • n • ' 7,s� 23 •° Eun ) . • a� •I• °u. .▪� p I • rte. •y-` y, .:Fa:__ • _ _ I .▪K• a -0„„.•°°\_' N,y�i f v ' Ll� — {- I •�F i) I'.1 ' _ Kp mU°-;� l , •it 54 35` „\ .1`S I '$ . r ' ._—•.- 5.. t — • r. l I• wrCwfe LCI COUNTY •e '— �,VI^_•e D° • u. •!t ,..: • ,°:,:\t, sG EEL Y x fOlyrOf • t•x• • U , ' i ,iv, 4 =- a , ,_\ "•<.,.:gr 3 j e i•s.. I. r I E . RD N CITY• 1 I I ?j ... ' 1q • ° 1 NFRSE, in •_° :;, • I I =• J. . E --, 1 _l_ . _./2' • •▪ L J_ VIII B` '_rt A ..•• 1 I 1 1• f" it - .. i 4 • E°v'Ns>.I , +.. •ry .I. •• -1 • I ! ' z. •j ° lI \ is 25 E It t, �Jx 6=ri J �� za 1 •! _ i. /I'�O�lf f• 1 1 •e NILL go• � ^t j • . 30 .�j !•\...a • Creamy 4Nb\ ry, ` '='• PARKS I pR•= SR •▪ f. I ° I•. \ El - � •n f• 1 T• • • f • is f• • ' 4 • / .. "! 86-••'I di. • °Ijg .7'rot I �\. Correction / _ILme • / ♦�:'� • ',Norf/L • ] • 1.'‘). cpN 'T‘.. ' •°• 1:2. In s4uE 1 In ▪ L°m 1• •i. •= �Ar/Ywi? • , , ,_,__,_ • ,,..-21tILaFa a . a - �� • �io1! I • : _'a A o /�❑ °t.a• /!f ® • I , ,.' Jt's=u I ��i 3° 7, �i � �. a ▪ • Y 1 sit •��.�� •q - mow °° - - - - - - - .617,z7.:, i, Ei r• I _ • . • • ° I A •� • 1----T:- ,„„4, .h V• I• i =o•I . J •fir ru �Ec•w°�'k' :a• 4' • 's.� Oncn `•▪ e \f' •• ({�1� o 1 :s I▪ •eE ' I • RE ° a ` f° �•� : . •••• �' �• az •.a 10: �� 'S n •�° a 1•g •G� E v x Si v P-1 "natTIII 1(.- .vacs o 44651) 5 / � �•• 'W / , ( V 6 j — I8 27 0 a 3� 4654 �� 29 0 4662 4655•. I /_ � lY o � • •/' Ii n650 ( I n6 OIr071774 R .� 4h 60 J4653_ 0 4660 �N ION o 4655 j—',RIVE o P �yy TN M //— �4 4659 4653 653], r` 4662I�4650 a • F h _ prtcn y65! p401 F1c IL I ° r� ARM 4650 r N ON 1 U / O`' 1 L'zT. 32 �_ 6'J 4664 33/ - 34 a660 F% /'VI 40 Y r.'•. .° Gast La Sxlle I. �6° I _ 4s6o— . / �./ -____I / -- I V • • r I �LE a' '. o.. 4664 Q j hA S•._-._ `S, .__.a s :_:_: -=-r 4669 46>/ILWEII �. 4669 _— — 466/� the ri 1 r asa 0 i L.N-4017 /T._ pp8C Wrtl O' 6,5 - 655 5 Dam V . <6k- "sa - - I 3 p SOUTH HRANG 4 H UNION OFTCH I F 1 ,� orll p v 4I. �I r Well W�.II 1= V . . 1•..- G_ .ti'!1 "4688 1 O Weil' I h�, '.N�.II 1 .695 4rJr 4-..y, 1 n.—, 40"+ .:669 _I. 46 J?"" 9700 1 'V T I <,sp i—''----)..)_\csi ./ Iy,_IIIsf1•680 .x:36 0 d ']y-KFI00'IA.7p0 " V -.i Q F 7/0 I 1 l-li --- I 1 \468_,, __ Lam-_ 1- 7i6 6r 4700 - t �41 - _ 74j50J :�;m sba.:t�Jt i.fiG.-..Y'�ljs:,,�;�.T. •; ' t, 4.4 +t}�T"•".�^ �. ‘•-••"'"4.2"14.." x S-.x +ti y�5,%oi y ` t Y • � tR •' • ,' ��•N`nr• • '4 4. *--. _ a • �ZSS ,424.2:.1'C% �'i 5 . W Yom. a.' ts'+ `,, .1• ,s '- --�'_�`' .-47‘.'c�,' -rte b: �i•=--","..!A'2„-F: G � i C .=�. bt f 4Lg '-; : �.z uyt ' V-. '� .ate, N1/2"°�'�. r 1 c [ terms [ � x,* ` P: S i 'Ser '� r5. 'i}'F fit try c Yt, L .i�':Y r -i 7ay#�`, aq '�r3rs ` y'4 'q ".tR'�f 4 .i.' µt .n '..ff ,, 2 > ice'' }t } Y;Af G /- � mx 1.7:2.t.-.2,.. ` ,\ ,• eft H et-, 1 II .. .. ___...,0 ,N % ,, _ ,, „"„:_./ .. - , -• . • • i '" k- ..x - i #)) Cl • tLM ,r .. . .,�J �"'!�fi �`t• 1_ .�.. u1' T ... j2_ _ '°'"`'A+�.,• sir., i t'i..; . is e 4. Yi • ° L ,: - -� _ g J T . n Vl' $ 4r s •� k. I �"` 'c ��♦ I My �. .44r. Pc < < REFERRAL LIST APPLICANT: Betty J. Kline CASE NUMBER: USR-728:86:10 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: March 21, 1986 NO SR NR NO SR NR County Attorney X Louis Rademacher 13184 Weld County Road 13 X Weld County Health Dept. Longmont, CO 80501 X Engineering Department X West Greeley Soil Conservation Service _ County Extension Agent 4302 9th Street Road Greeley, CO 80634 Office of Emergency Mngmt 1y X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 _ State Highway Department 1420 2nd Street Greeley, CO 80631 _ Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X Town of LaSalle Alberta Magill P.O. Box 717 LaSalle, CO 80645 X LaSalle Fire Protection District c/o Gary Sandau P.O. Box 414 LaSalle, CO 80645 NO=No Objection SR=Specific Recommendations 17‘- y4/e)r NR=No Response ( DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 3: p • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on April 1, 1986 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a Agricultural Business (portable toilet service) from Betty J. Kline on a parcel of land described as Pt. NW} of Section 9, T4N, R65W of the 6th P.M. , Weld County, Colorado, containing 2.5 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on April 1, 1986. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by March 13, 1986 Received by: , 1 i`LZ Date: / MAILING LIST Betty J. Kline USR-728:86: 10 Ronald & Jacquelyn Knaub 22464 Weld County Road 41 LaSalle, CO 80645 Fred & Evelyn Betz Kenneth & Steve Betz 22421 Weld County Road 43 LaSalle, CO 80645 Melvin Reichert 20277 Weld County Road 46 LaSalle, CO 80645 Dale & Dianna Boehner 19747 Weld County Road 46 LaSalle, CO 80645 W.C.L. Partnership 2206 20th Avenue Greeley, CO 80631 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. O BY: BETTY J KLINE - SURFACE OWNER The foregoing instrument was subscribed and sworn to before me this ! day of _ M V , 192 WITNZES my hand and official seal. My Commission expires: tic' 2 Notary Public eg ‘'723.0'1.x. API'L1CATION / ( i (�:cf: /'� USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received_ _ Application Checked by Mylar plat submitted_ Application Fee Receipt Number Recording Fee _ Receipt Number4�___ TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:Part biWk Section 9 T__4 N, R f55 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) 22518 Weld County Road 41, LaSalle, Colorado PRESENT ZONE A _ OVERLAY ZONES ,4,/,9„..V.4- TOTAL ACREACE 2.5 PROPOSED LAND USEUse of shop for repair & cleaning of trucks and portable toilets used EXISTING LAND USEby business located at premises and the temporary outdoor storage of portable toilets when not in use. Existing -- residential and same as proposed land use. -� SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Betty J. Kline Address: 22518 Weld County Rd. 41 City LaSalle, CO Lip 80645 Home Telephone # 284-6877 Business Telephone ,284-6951 Name: --- - -..�— Address: City Zip Home Telephone # Business Telephone # Name: Address: City .____..._._ ....-- Zip Home Telephone # Business Telephone # APPLICANT OR-AUTHORIZED AGENT (if different than above): Name: Address: _ City Zip Home Telephone # Business Telephone # -_ List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Betty J. Kline _ Address: 2251-8 Weld County Rd. 41 City LaSalle , CO _ T zip 80645 Name: Address: T. City Zip Name: Address: - City Zip _ T I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD _) STATE OF COLORADO ) / e I) Signature: fS)wnett'of Authorized Agent B.W. KLIE Subscribed and sworn to before me this 3y ay of SEAL NOTARY PUBLIC My Ccrtlmiss':n My commission expires October 22 1 • EXHIBIT "A" APPLICATION REQUIREMENTS 2. - Explain proposed use. Our present and proposed use, is the storage and cleaning of portable toilets, trucks used in the pumping of septic systems and other waste containing containers, including sand traps, grease traps amble dip vats, etc. - Explain need for use. Due to the long inclement weather season, it is necessary to have an indoor facility in which to clean and sanitize the portable toilets and the trucks hauling waste, as well as to store our equipment, trucks, and to use the shop to repair the same. - Explain the types of existing uses on surrounding properties. This area is surrounded by residential structures similar to my own, most of which have barns, sheds, shop buildings of one type of construction or another, and the remaining use of the ground is either as pasture, an air strip, and some farming. - The distance of the proposed use to residential structures in each direc- tion. My house is on the premises, Mr. Knaub is one-tenth of one mile South of me, Mr. Richert is eight-tenths of one mile Southeast, and Weld County Lumber has premises approximately two-tenths of one mile North. - The maximum number of users, patrons, members, and buyers. We have been in business since 1974, and have average no more than one or two customers per day coming to our place of business. Most of the traffic is from our trucks going to the customers place with either portable toilets and/or to pump the various wastes they need taken care of. - The number of employees, number of shifts, and hours of operation. We have seven employees which we conduct one shift of approximately ten hours duration during the daylight hours, at most times. - The type of water source for the proposed use. We propose to truck water in and place it in a tank, which will be heated and then used in the sanitation process of cleaning our trucks and portable toilets. - Explain the access route(s) to be utilized for the proposed use. I Weld County Road 41, is the county road that goes by our premises, and we can be reached from Road 50 and Road 46, and would travel on both roads, depending on which direction we were headed. - Explain type, size, weight and frequency of vehicular traffic associated with the proposed use. Including employees, there are approximately five to seven passenger vehicles per day coming to our business, and approximately five other larger vehicles per weeks that deliver to the premises the supplies we use. In addition, we have several of our own trucks which are approximately two ton and which make three to four trips per day at maximum. - The type of sewage facilities for the proposed use. At present we use, and intend to continue using, our septic system, and we use a portable toilet for the employees and visitors, both of which are serviced as part of our regular business, including the hauling of the waste to approved sites. - A description of the proposed fire protection measures associated with the proposed use. We keep fire extinguishers in the shop building, and no flammable materials are kept in the building for more than two to three days, and all waste and flammable materials are kept outside in metal containers and hauled away approximately every sixty days. - The types and maximum number of animals to be concentrated on the Use by Special Review area at any one time. We have one donkey, two dogs and one cat. - The type and size of any waste, stockpile or storage areas associated with the proposed use. Waste oil from the oil change is kept in metal barrels outside, until hauled away. - Type of storm water retention facilities associated with the proposed use. N/A - The time schedule and method of removal and disposal of debris, junk and other wastes associated with the proposed use. We have a trash dumpster from Bunting Trash, which all debris is removed once per week, in addition, we haul away such other larger materials with our own trucks, to authorized dumps. - Explain proposed landscaping plans and erosion control measures associated with the proposed use. - If applicable, a statement explaining what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural land in the agricultural zone district. The buildings were all built in the area which has been traditionally used for the residents and out buildings, and the remainder of the ground has been left to pasture as it has traditionally been. - A statement explaining there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. We do not use any dangerous chemicals, nor noxious materials, and all of our wastes are put in our septic systems and pumped regularly and taken to authorized dump sites, the same as we do for all of our neighbors. - A statement explaining the uses permitted with be compatible with the existing surrounding land uses (include a description of existing land uses of all properties adjacent to the property. The surrounding land has a great deal of pasture, some farming, an air strip, and a number of residential buildings with various out buildings and shops of similar size and construction as ours. - A statement explaining the proposed use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the county or the adopted master plans of affected municipalities. We have constructed our shop to be compatible with others in the area, and the residents use and myself is similar in size and construction as others in the area. - A statement explaining the use by special review area is not located in a flood plain, geologic hazard and Weld County Airport overlay district area; or that the application complies with section fifty (50) , overlay district regulations as outlined in the Weld County Zoning Ordinance. It is our understanding that the buildings may be located in a flood plain, however, they have all been constructed with appropriate building permits and our use is not dependent upon anything other than the buildings which are presently constructed. Proof that a water supply will be available which is adequate in terms of quantity, quality and dependability (e.g. , a well permit or letter from a water district) . N/A A soil report of the site prepared by the Soil Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the uses proposed, the applicant shall detail the methods to be employed to mitigate the limitations. We do not intend to change the present use of the land, or to add any additional buildings. No additional landscaping is planned, however we do, for erosion control, we have gravelled the entire driving and parking area. - Reclamation procedures to be employed upon cessation of the Use by Special Review activity. N/A - A time table showing the periods of time required for construction and start-up of the proposed use. N/A 3. - A statement explaining how the proposal is consistent with the Weld County Comprehensive Plan. a. Our business serves the entire Weld County area, and the land is a central location from which we may go to to collect the waste from the farmers, other agriculture interest, rural residential areas, and commer- cial facilities, and then take these wastes to authorized dumping stations. In addition, it serves as a central location from which we may take our portable toilets to the various people that use them, including heavy concentration in the Summer by farmers when their migratory workers are present, as well as special events and construction projects throughout the entire Weld County area. b. The land is not, and never has been, used for agricultural purposes. c. The buildings have all been built with building permits and are of such type and size, and construction materials allow many uses in the future, and the buildings are very similar to many of the farms and other rural residential uses in the area. d. The use does not create much traffic and is similar to what our neigh- bors use their land for. - A statement explaining how the proposal is consistent with the intent of the district in which the use is located. The buildings are similar to the buildings and other uses throughout our neighborhood, such as the house and sheds being on small parcels of ground and there is only one farm near by. All the rest of the vacant ground is used for pasture due to the soil natures. In addition, our trucks are a similar size and of lesser weight than many of the farm trucks in the area, and is used to service many different agricultural interests, including, farmers temporary needs of portable toilets, pumping of septic systems, vats used for dipping of cattle, hauling away of agricultural chemical wastes in addition to the various other residential and commercial inter- ests which we serve throughout the Weld County area. 3 ■iMN • ..i._ ,a-w..,it ^y `a- 0,tuck! M, on 1�— 2 1981 p Page __ ✓ ,pt ,n NO _ 1AgR706 Recorder i--1 Weld (,Punts. COIOf0d0 /tom 4;:, r' 't ,T Quit Vlafnj'[iee4 �/ M't 5 it+ th' „J '`T Tills DEED is a conveyance from the indivkdual(s)• c« «poratlon(s) other •ntit4(ies) named below as Ki•. - GRANTOR to the individuals)or totalities) 1 may have in the real named below as GRANTEE of whatever interest the GRANTOR r „4 a property described below. r `u The GRANTOR hereby sells end quit clans to the GRANTEE the real property described below with all its appurtenances. f Y` The specific terms of this deed are: • • ,,,,i'4,,, GRANTOR:Woo lag.,old.earns ol olesec,e W auto d W n amya 10,040.8ant I ,t to the Dent t to a.k.a.bmwa.•mah l nn. dnoa.Wanton at husband end cart • ROBERT D. KLINE 22518 Weld County Road 41 LaSalle, Colorado 80845 ' a n GRANTEE: 0:w.Salo ow orklinAttil.oatmeal d edbe.t.•oclutl M ands a.mad a moot sae.a mound 1 BETTY J. KLINE M 22518 Weld County Road 41 LaSalle, Colorado 80645 o? I FORM OF CO-OWNERSHIP:ill thew an Iwo of more orate..named Il.et will he i onvannl to tale a.I.•nam,in.uormn,paint L . an rued,'in F L Ping w^aaY`of...old,at Ihr.anw meam•y an added in OW wet r Wu*I /• is PROPERTY DESCRIPTION: In,Ink.amt,end time; Approximately 2.5 acres, more or less, in the extreme southwest corner of the NWk of Section 9, in Township 4 North, of Range 65 West of the 6th P.N., Weld County, Culu,Adu being more particularly described as follows, /. Beginning at the southwest corner of said quarter section; Thence east along the IP Bout line of said quarter section 270 feet to a point where the Behrens Irri— gation Lateral crosses said south line; Thence northwesterly in a line along the ) westerly side of said irrigation lateral to where said lateral crosses the west line of said quarter section, which point is 592 feet north of the southwest corner of said quarter section; Thence south along the west line of said quarter section 592 feet to point of beginning. PLEASE NOTE: No Docket Fee necessary, transfer pursuant to Dissolution of Marriage. Action No. 81 DR 72, actual consideration lees than $100.00. Rf SERVATIONS.RESTRICTIONS:III red eiANlna mun&.to rem,re am lm,.n•.4 n the phloem,n convey pn to co lnt,Nan he a.m or.1 ,N.GRANIO.,.nVu"inn the lfKAN II I'.fight*in the meaty,mar.ry.q.utr WWI,•••,04,l II • • • • / ta rAi I Sinned•n .1n wrt� 1 -1981_. �n � . ;tip - ` Alu•.t. ROBERT D. RUNE Grantor • c C ' " Grantor 1 x. was acknavlene (àJiiè!Lt died before me this 25 day of ..10.-V.uevSt . 19 EMI .• official seal,In: al, IQs ^' - .1 P m t�1s 1 • ) P. Public:. :L.- ,,d ') i' 1;^ Sahr d bedot .. $llsr ^` .1•' '' l '• r f A ♦7rtdu rPIa.F op tC1 Al # 114021, { :.C;-..".4,1,r...“ t _ „�, .. r, p t P` k t * h ( l';'''a L r Y `4 ` r '+`6a 'Pr: It . a rev+!'r Iv .�",k t -4,4' g � Al T Tja ,+ a5yFR�,n.tt e 1oN,h ) x�.Rdr 1"i/R'n!r W 1F�'i ul�'h'K'ti i :;;:.'1. 4'4 tee ..,}11 !, - br l x r n ...(1.v. ., 19F � ��gq�,�� , T.t `t 7 t•A 'I}f1 s jh .. e r i . (.7Q` N t 'i ,ppe.4fir,revs t -ar u+l 't ,X ts‘ e dF.. f 6w ,-+ i,,,ptt iv ��hrr:. if t 1 M1" �( o ,,,,.:,,t � >r �� 7AhY`? . . .ti u.' t,,. A ✓ -Hg7d� i S'' d -II �� . .. I .-r. .d•i. f ".� _ �fif a'" l `r I gin.. AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. %/ BY: BETTY SJ KLINE - SURFACE OWNER The foregoing instrument was subscribed and sworn to before me this day of �//V WITiTESS my hand and official seal. My Commission expires: My Carlini- r October 22, I .,) Notary Public AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of She 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. BY: BETTY J. KLINE - SURFACE OWNER The f - o r eg oi ng instrument � was subscribed and sworn to before me this Or day of — 7/4,,a4 1916 WITNESS my hand and official seal. My Commission expires: My Commis :,- Hro :S OctL'Lcr 22, 1 .;.,) Notary Public Cr/'t:J 47: :1 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Ronald G. & Jacquelyn A. Kanaub 22464 WCR 41 LaSalle, Co.1055-09-0-00-038 Fred W. & Evelyn I. Betz & Kenneth F. & Steve D. Betz 22421 WCR 43 LaSalle, Co. IQ65-09-0-00-017 Melvin Reichert 20277 WCR 46 LaSalle, Co. 1055-09-0-00-009 Melvin Reichert 20277 WCR 46 LaSalle, Co. 1055-09-0-00-006 Dale L. & Dianna L. Boehner 19747 WCR 46 LaSalle, Co. 1055-08-0-00-016 W. C. L. Partnership 2206 - 20th Ave. Greeley, Co. 1055-08-0-00-017 4/9/86 COPY OF NOTICE SENT FIRST CLASS TO; BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. 0. BOX 758 GREELEY, COLORADO 80632 JOSEPH H. HELLEWELL, ATTORNEY AT LAW 1325 11TH AVENUE GREELEY, CO 80631 %�4Z //e a �,. a '� S 0 Iz R _c gin ›+ Lo a 3 yy H O n IfC H O i $. y°. 7-. 00 I ! . wD0D w �'^ Yr rr A o _42 $I w w it D❑ © ' v a 11! f l3h3 a9II . ..i1HiihH HLn I y` r (» *SCRIPT PS P4118:1f11Si4IMtEEE 447848 g2' 0 E8 ` � H 4 S. b ; là! � a : Iiti .18 H c A 00 i V �'�.c ip]p]I ' c .i m P' W �"- 4 J1S:lA+ • el 40 td hi x cd X..n ly 1 PS Fong SE11.July'ESS 447.846 'DOMESTIC'RETURN-RECEIPT mi 1 it en 1 N it ' l ' yrs NO 4 .1 . HzpyI r "� ' ." I w Ho N4!f' Q' t wwzm s H i Lo... '5 0-9 \It 4 8MI } wx3aQ 1;4 I. 8 � w3a i ' I ' v z � W " W iy G � ❑ ❑ W fnN 6-1 F- W N a • e B 66t 09b 5961 -o a 0 S'!1+ PS Form 3811,July 1213 447445 OCIMEIPTIC lETU1W RECEIPT I, r n3 crit r. ri.a x v a x ¢q oal Oh W+ Vn a - 1 1 � � b Cr Cr • WO CO It ■ WO �p TT UU O 3 iU OliE? -4 ka- r9 H rn w A U P 8 ed4i ., li z a �aN <4wo �� aa .µ J!11h !Lgj d *SCRIPT • pg w I.q _ E 1 0 8 Q' ¢ OFo - FA i Paz ,�• ►. I> { +L W P7 Z W CS 6 p iit fr. f� "' �, t� zoo Asiii1IifiTF AU T ti C Ca C a a w w � ❑ . w w � v6i Wa rJU •` +n ��Aga g Pa-Farm XII.July 18`M7.BIS , r c.aiERSIE!►.RECEIPT � Y I ss 1 0 ' 1 1 C il I z 'a C0pO icdilh I x Woo �! e' 0( W W CO 1- :JtEIil P4 Oz Frr p4 d 0 • W W `` 8 is a wow ` irI; 8 ; wo >• ' f= A. H ii 14 ti I • p a w g .l VVV a 14. N a O r :��. U O W G 3¢ C �o W - ._ LE g N a i 3. ❑ ❑ 3 N C7 r - cmq P$FnrayIfni. 11 #,s*.a w IPT y., c Hello