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MICHALL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 6th day of October, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Albert N. and Lorraine A. Michall, 643 West 10th Street, Loveland, Colorado 80537, for a Site Specific Development Plan and Special Review Permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NWt and part of the SW* of Section 13, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Albert Michell, said applicant, was present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: 931035 PL0924 PLOW , SPECIAL REVIEW PERMIT - MICHALL PAGE 2 a. The proposed use is consistent with the Urban Growth Boundary Goals and Policies of the Weld County Comprehensive Plan. The proposed use is southwest of the Town of Johnstown. The Johnstown Board of Adjustment has reviewed this request and recommended approval. b. The proposal is consistent with the intent of the Agricultural Zone District as provided by the Use by Special Review. c. The uses which would be permitted will be compatible with the existing surrounding land uses which include rural residences, oil and gas production, and agricultural production. These uses which would be permitted will be compatible with the existing surrounding land uses as permitted by the Agricultural Zone District. d. The southern portion of the site is affected by the Flood Hazard Overlay District. Development in this area shall be guided under the auspices of a Flood Hazard Development Permit. No other overlays influence this site. e. The applicant has demonstrated a diligent effort to conserve productive agricultural land by not taking land out of farm production. f. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 931035 SPECIAL REVIEW PERMIT - MICHALL PAGE 3 • The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of October, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: E 1(/�!f�l WELD COUNTY, COLORADO Weld County Clerk to the Board Constance L. Harb ert, Chairman BY: � A�, ) /2 < r,Deputy Clerk to the B••rd W. ste of1'em APPROVED AS TO FORM: L tom. r �- orge E` Baxte • unty Attorney `Dale K. Hall EXCUSED Barbara J. Kirkmeyer 931035 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ALBERT AND LORRAINE MICHALL USR 111029 1. The Site Specific Development Plan and Special Review Permit is for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. If additional oil and gas wells are located on the property, they shall adhere to the rules of the Colorado Oil and Gas Conservation Commission. 4. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 7. 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 ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 8. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 931035 HEARING CERTIFICATION DOCKET NO. 93-71 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A SINGLE FAMILY DWELLING ON A LOT LESS THAN THE MINIMUM LOT SIZE IN THE A (AGRICULTURAL) ZONE DISTRICT - ALBERT N. AND LORRAINE A. MICHALL A public hearing was conducted on October 6, 1993, at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer - Excused Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Monica Daniels-Mika The following business was transacted: I hereby certify that pursuant to a notice dated September 15, 1993, and duly published September 23, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Albert N. and Lorraine A. Michall for a Site Specific Development Plan and Special Review Permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Monica Daniels-Mika, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Albert Michall, applicant, was present and stated he would like to remodel the older of the two existing houses, built in 1890, and move his family from Loveland. He said he received a recommendation from a museum and would like to relocate his family to the country, as well as try his hand at raising cattle and ranching. Mr. Michall reiterated there are two existing houses. In response to questions from the Board, Ms. Daniels-Mika explained the lot is 44.4 acres, which is less than the minimum lot size of 80 acres; therefore, the matter requires a Special Review Permit. She further explained a building permit cannot be issued for renovation until the Special Review Permit is approved. Mr. Morrison clarified, on behalf of the Board, the issue is the date the lot fell below the minimum lot size, which was October 1992, when the 40-acre parcel was created. Grandfathering is not applicable because it pertains to when the lot was created, not when the house was built. Mr. Morrison reiterated the requirement for a Special Review Permit was not effective until there was a need for a building permit. In response to a question from Commissioner Hall, Mr. Michall said the home is inhabitable, to his standards, but the "bones" are still good. Ms. Daniels-Mika confirmed the property has its own access and a house does exist on the lot from which this property was split. Mr. Michall explained the location of the surrounding buildings, roads, crops, etc. No public testimony was offered concerning this matter, and Mr. Michall confirmed he is agreeable to all Conditions of Approval and Development Standards. Commissioner Webster moved to approve the request of Albert N. and Lorraine A. Michall for a Site Specific Development Plan and Special Review Permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Hall, and it carried unanimously. 931035 �''��.V ,21 ��'.. RE: HEARING CERTIFICATION - MICHALL PAGE 2 This Certification was approved on the 11th day of October, 1993. f/1� /� APPROVED: ATTEST: Q { /j/ 1 BOARD OF COUNTY COMMISSIONERS /IJ 7/s`Jj WEL COUNTY, COLORADO Weld County Clerk to the Board By: 4� d —c �� Constance L. Harbert, Chairman Deputy Clerk to the Board - ,,, p W. H. bster, PrTem TAPE #93-34 orge . Bax er DOCKET #93-71 Da a K. Hall PL0924 EXCUSED Barbara J. Kirkmeyer 931035 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 6th DAY OF October 1993: DOCKET If 93-72 - Special Revie Permit, Associated Natural Gas DOCKET 8 93-69 - Special Review Permit, Burlington Northern Railroad DOCKET If 93-70 - Service Plan, Thompson Rivers Park and Recreation District DOCKET If 93-71 - Special Review Permit, Albert N. and Lorraine A. Michall PLEASE write or print your name legibly, your address and the DOCKET II (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING I � ' • VillJJ'?7z1l/C' ?Crie 1G'Li. (S \ dic,l ii,�ry /3 - r C stzrtt N-A - eAe -) a.vi 1; wta 33 J LI S—Ilt 7* -7 2 1< V, I p4.10 I- t1(\1)r113-Vfc �3�t13A, hldk' j.i 1r IS, lie / . ,�c� J I 73 76 1 /-14/7, �/_ Y =i!y Ct'.c ./. . y''t a /Jai,t ,Zta�( 9 / c, liC /z- C�;.l.-,ci-c. illift z C �--Q.)///, / t1 /3 !ice-.-coo :. /l1 % -y 3 C /, 7 , /IL ' t', .Alin; AL:. ./..._/71 l .1 ( „-I-1,4, c, ,. , '7/_? /G) `,h,.-ti_ (`�naw,t1 LL�'in(„A,, t ! b I -Iv/ivLtet€ S l �Y ��v,. A " 70 \ l 7: S_ (:,L 11' t 3L • c' ( ( ` 11)at)K Wei 'k" ctn � 373 7 „ vi . AAi' 71 . S rilitco -e4 ui�I. /30 Nil ref 51 5 f / /e F, 3 fN 5)`:, sT.. i�'Acc , ii N 1rr/' / 7./l-`/ 1 . r'I'c.n ?6 / Jai n,Val �. . ;J J. Pr ij� ', .-j/ ?/ o7 ` -T /i '1 .2-crzi I\A r�7ix C-ivaNteim ib(jJQitX 1\ 4).N )ao :)a'VIV t✓ Sidi- 7 L72. 7 1�?tt('E. rfrhSt♦A-611 (`lc1 in l.)c ,i` d t iL (,•fTOn) (it-. Si(to i 1C (I NOTICE The Board of County Commissioners of Weld County, Colorado, on October 6, 1993, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Albert N. and Lorraine A. Michall 643 West 10th Street Loveland, Colorado 80537 LEGAL DESCRIPTION: Part of the NW,' and part of the SW,' of Section 13, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A single family dwelling on a lot less than the minimum lot size in the A (Agricultural) Zone District SIZE OF PARCEL: 44.14 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: dh k7/ 6U=G'�% Deputy Cl rk to the Board PUBLISHED: October 14, 1993, in the Windsor Beacon 9711,035 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KEITH HANSEN, of said County of Weld, being duly sworn, say that I am publisher of E TYPE AND WINDSOR BEACON ThwBoard of INTENSITY OF a weekly newspaper having a general circulation in said +ntr APPROVED UBE:A Commissioners of single heft County and State, published in the town of WINDSOR, Weld County, dwelling anew jai in said County and State; and that the notice, of which Colorado, on than u'.e'mlnm.jn lot the annexed is a true copy, has been published in said October 6, 1993, size In the A weekly for / successive weeks, that the notice conditionally (Agricultural) Zone was published in the regular and entire issue of every approved a Site District Specific number of the paper during the period and time of I EL: publication, and in the newspaper proper and not in a Development Plan sus OF PARCEL: and Special Review 44.14 supplement, and that the first publication of said notice Permit for the islesslagpl or was in said paper bearing the date of the property and purpose described Fails levil ;by day of o-tC2-r , AD., 19 73 and below. Conditional the the last publication bearing the date of the approval of this plan Mtwe !find creates a vested oon ~ $tf property right aPpwreb /rfatWln day of A.D., 19 and the that the said WINDSOR BEACON has been published pursuant to Article a forte* of 68 of Title 24, vest*A property continuously and uninterruptedly for the period of 5 C.R.S.,as amended right. consecutive weeks,in said County and State, prior to the for a period of three date of first publication of said notice, and the same is a BOARD OF newspaper within the meaning of an Act to regulate yearn. 0 OUNTY printing of legal notices an advertisements, approved APPLICANT:. Albert COMMonIONERS• May 18, 1931,and all prior cts ar as in force. N. and Lorraine A. WELD COUNTY,TY, A / Michell, 643 West 10th Street, BY: DONALD D. Loveland, Colorado WARDEN. WELD ` P LISHER 80537 COUNTY CLERK TO THE LEGALA L WNW Subscrib d a d sworn to before me this d., day of 19n DESCRIPTION: BY: S Part of the NW 1/4 HELLY K. _ 0LLER, and part of the SW4 onto theism Deputy '� y° MI of Section 13, NOTARY PUBLIC Township 4 North, Published Ia the (� �y Range 68 West of Windsor Beacon My commission expires ^-e-�7 , / i/ & the 6th P.M., Weed October 14, County,Coloradonit NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office 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. DOCKET NO: 93-71 APPLICANT Albert N. and Lorraine A. Michall 643 West 10th Street Loveland, Colorado 80537 DATE: October 6, 1993 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the NW,' and part of the SWt of Section 13, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles southwest of Johnstown, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: September 15, 1993 PUBLISHED: September 23, 1993, in the Windsor Beacon . CAihiT 1319 .fir .R ..0tT• 1 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD located In In Weld County Center,918 ill StreetI, KEITH HANSEN, of said County of Weld, being duly Thud Floor, Yws ey, sworn, say that I am publisher of Csie S DOCKET NO:93.21 WINDSOR BEACON APPLICANT:Albert N. a weekly newspaper having a general circulation in said ad Lenalne A.Min an West 10th suet, County and State, published in the town of WINDSOR, 80097 Loveland, Colonels in said County and State; and that the notice, of which the annexed is a true copy, has been published in said HOGE DATEWebbero.is weekly for / _successive weeks, that the notice Pursuant to the zoning TIk1E:rorooam. was published in the regular and entire issue of every laws of the State of number of the paper during the period and time of Colorado and the Weld REQUEST: A fite publication, and in the newspaper proper and not in a Ommegit eheararingg Ordinance, llbbe Plan afnd Developmentpi q supplement, and that the first publication of said notice held In Me Chambers of Permit for a single/Y.III' was in said paper bearing the date of the Si Said of County dwelling on a let ie. Ow Csl -oners of Weld the minimum lot S.Y a Colorado,Weld the A(Agricultural)Zan. a'3 ay of ., A.D., 19 q3 and weamll, Gene Centennial District the last publication be ring the date of the Gamer.MI5 10th Street, First Moor, Greeley, LEGAL DESCRIPTION: Calsr.N, at the time Part of the NW 1/4 and day of , A.D., 19 and gsrfiea All persons In part of the SW. tM of that the said WINDSOR BEACON has been published w See interested in Section 13, Towns.4 the, Ste Specific North,Range 88 1.401 al continuously and uninterruptedly for the period of 5 Dsetgment Plan and the 8th P.M., weld consecutive weeks, in said County and State, prior to the IIMINIII a reesseRet a to aview ttends County,� o date of first publication of said notice, and the same is a and eng be heard. LOCATION : newspaper within'the meaning of an Act to regulate Approximately 2 nines printing of legal notices an advertisements, approved Wan the applicant or southwest of Johnnie*. may larested party Colorado May 18, 1931,and all prior cts ar as in force. MS Si Presents of a t$q rror to make a BOARD OF COUNTY r ingette proceedings, COMM IS ION ER8, in men e n tomrtaped WELD COUNTY, �'LL/L( j kept COLORADO P LISI-LER during Me hearing, the Chah*Me Bowd's Office BY: DONALD D. `/ tk shell Mmdvlsed in writing WARDEN, WELD Sf bscr ed and s}vo 7 rn to before me this as day o al web anion at least five COUNTY CLERK TO odf/�` 19 ea ow lo the hearing. THE BOARD Tae /, eap of engaging e ^/ � The [goner shall be BY: Linda M. Dodge, /j-C berme sr the requesting Deputy Clerk to the Board yany. NOTARY PUBLIC Crime a Me waedsar / BE R S KNOWN SWo Massh'r fyratber My commission expires -2 // (� awthe eg and hep. W assn. G / apaleg by the WSW Csl esisn mtay Cass be aM amrnylsd at M sifts of Me Clerk**,law S Celaw essels.Yn.n., call 011 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-71, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this /7 day of , 1993. Deputy Clerk to the Boar Coleen S. Root, Trustee Farmoil-Dunklee No. 3 Fund, Ltd. Paul M. and Peggy S. Bryant 100 Racquette Drive 4968 WCR 46 Ft.Collins, CO 80524-2757 Berthoud, CO 80513 Albert N. and Lorraine A. Michall Michael R. and Barbara H. Soleta 643 W. 10th Street 4912 WCR 46 Loveland, CO 80537 Berthoud, CO 80513 L & L, Inc. 925 N. County Line Road #1 Berthoud, CO 80513 R.B. Fickel 20406 N. 141st Drive Sun City West, AZ 85375-5536 Frances M. Rutt 4521 WCR 44 Berthoud, CO 80513 John T. and Dolores A. Goodier Edgar Held c/o Jerry Sheaman PO Box 1447 LaPort, CO 80535 Wade W. and Daniel W. Dones 5364 WCR 46 Berthoud, CO 80513 Florin T. and Sally J. Schlautman Marie and Lawrence Barker 14417 N. 6th St. Phoenex, AZ 85022 Farmoil, Inc. 100 Racquette Drive Ft.Collins, CO 80524-2757 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 7 ,1993 Page 9 CASE NUMBER: USR-1029 APPL:CANT: Albert and Lorraine Michall REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 and part of the SW4 of Section 13 , T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of the Town of Johnstown. Albert Michell, applicant, explained they want to fix up the existing house on the larger lot. His daughter's family lives in the smaller house. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Tom Rulon moved Case Number USR-1029, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Juliette Kroekel seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel-yes; Ron Somer-yes; Tom Rulon-yes; Juliette Kroekel-yes; Marie Koolstra-yes; Judy Yamaguchi-yes. Motion carried unanimously. Meeting adjourned at 5:05 p.m. Respectfully s itted, 411) Sharyn . Ruff Secretary BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Rulon that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1029 NAME: Albert and Lorraine Michall ADDRESS: 643 West Tenth Street, Loveland, CO 80537 REQUEST: A Site Specific Development Plan and a Special Review permit £qr a single family dwelling on a lot less than the minimum lot size in. the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 and part of the SW4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of Johnstown. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposed use is consistent with the Urban Growth Boundary Goals and Policies of the Weld County Comprehensive Plan. The proposed use is southwest of the Town of Johnstown. The Johnstown Board of Adjustment has reviewed this request and recommended approval. The proposal is consistent with the intent of the Agricultural zone district as provided by the Use by Special Review. The uses which would be permitted will be compatible with the existing surrounding land uses which include rural residences, oil and gas production, and agricultural production. These uses which would be permitted will be compatible with the existing surrounding land uses as permitted by the Agricultural zone district. The southern portion of the site is effected by the Flood Hazard overlay District. Development in this area shall be guided under the auspices of a Flood Hazard Development Permit. No other overlays influence this site. 971,03 RESOLUTION, USR-1029 Albert and Lorraine Michall Page 2 The applicant has demonstrated a diligent effort to conserve productive agricultural land by not taking land out of farm production. Special Review Permit 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 materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission' s recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Motion seconded by Juliette Kroekel. VOTE: For Passage Against Passage Richard Kimmel Ron Somer Tom Rulon Juliette Kroekel Marie Koolstra Judy Yamaguchi The Chairperson 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, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 7, 1993. ed the t o S p er, 1993. 7Sharyn Ruf Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Albert and Lorraine Michell USR-1029 1. The Site Specific Development Plan and Special Review permit is for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. If additional oil and gas wells are located on the property they shall adhere to the rules of the Colorado Oil and Gas Conservation Commission. 4. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 7. 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 ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 9. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 971.03 ADDITIONAL COMMENTS Albert and Lorraine Michall USR-1029 The two existing homes were constructed in 1890 and 1910. The oldest unit has 1,104 square feet and the other has 988 square feet. The applicant purchased the property in October of 1992. Neither of the units is equipped with a basement. According to County records no building permits are recorded on the property. The intent of the applicant is to renovate the larger of the two homes. After renovation the applicant plans to reside in the unit with the additional home being occupied by the applicants daughter and her family. Both families plan to assist with the small farm production. The applicants may wish to consult the expertise of the City of Greeley Museum personnel regarding renovation of a historic structure. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Albert and Lorraine Michall Case Number: USR-1028 Submitted or-Prepared - _ •-,, n� Prior to Hearing -At-grating 1. Application 10 pages X 2. 1 Application plat 1 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Planning Commission Member field check X 12. August 17, 1993, referral from Oil and Gas Conservation Commission X 13. August 24, 1993, referral from the Town of Johnstown X 14. August 23, 1993, referral from the Corps of Engineers X 15. August 19, 1993, referral from Weld County Engineering X 16. August 10, 1993, referral from Johnstown Fire Protection District X 17. August 30, 1993, referral from Weld County Health Department X I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on September 10, 1993. Curr t Plann STATE OF COLORADO ) COUNTY OF WELD ) p SZR,T,BED AND SWORN TO BEFORE ME THIS J i�J� S ) ay ofj� 19 (}�—[-�. �Gi P U R L o : A NOUL�. PUBLIC- 49 = s '•. oar, Expires Exh/hi A r103 ' EXHIBIT INVENTORY CONTROL SHEET Case /1-5,-/Uo2% Mberr/1/Y-Uai/'e /fi bcJ 2 Exhibit Submitted By Exhibit Description %Ai n. �I rtniiz g .55-4/ n4-j z� fary74..o2 q/409B. Qn�Gl rc.� 4t,��i�zcdeLnn /[_ea atat D/ 2209.111A-E4-vLe% 9�34S C. fJet e%);Yvli1.L.^�,st n .1-e-t-ry raYL/. y y/49 qm D• GCe2,� h Z1572.e��elaod- Ate-erg, g . E. C� F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 ��{{�� //�� Phone - 353-3845 - Ext. 3540 1 Case Number %A & �VZ� Date Received 0 G2145 Application Checked By �/ Mylar Plat Submitted 1 Application Fee ?IU•QQ Receipt Number 111A1 Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:Pt NWi Pt SW'Section 13 T 4 N, R 68 W LEGAL DESCRIPTION of contiguous property owned which Special Review Permit is proposed: Nnne Section T N, R W Property Address (if available) 5000 Weld County Road 46 PRESENT ZONE "A" Agricultural OVERLAY ZONES None TOTAL ACREAGE 44. 14 Acres PROPOSED LAND USE Farmland w/2 single family—dwelling homes. EXISTING LAND USE Farmland r*/2 s4ngin family dwelling bcmec SURFACE FEF (PROPERTY OWNERS) QE AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Albert N. & Lorraine A. Michall Address: 649 WPcr TP„th St City: i.nvpland Zip: 80537 Home Telephone: 667-4209 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: Address: City: Zip: Name: Address: City: Zip: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the app are true and correct to the best of my knowledge. COUNTY OF Weld ) f AUG 5 1993 STATE OF COLORADO ) t 4. I. �Sa, . Signature: Owner or Authorized A_ n01169 f p cC • tDslE il6tef1 sworn to before me this /� day of 19 .9 * as* a iv �,Se v14 r � � V pR kr �: NOTARY PUBLIC / ,7_02'/4.- My , is ts5 on expires G/ X971 ee .sev3i I��"`----''... RSA 031 August 1, 1993 Weld County Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 RE: USE BY SPECIAL REVIEW - ALBERT N. & LORRAINE A. MICHALL PART OF THE NORTHWEST QUARTER & PART OF THE SOUTHWEST QUARTER, SECTION 13, T4N, R68W, 6th P.M. , WELD COUNTY COLORADO. STATEMENT Albert and Lorraine Michall purchased this tract of land on October 29, 1992 from Roger R. and Margie J. Lee. The tract has 2 existing single— family dwelling homes, one of which is occupied by their daughter and son— in—law. Albert and Lorraine Michall now wish to renovate and remodel one of the two homes. They wish to enlarge the home and make general improvements to the existing portion. Albert and Lorraine Michall plan to live with their two youngest children in the home. Other than the proposed improve— ments, the tract will remain in agricultural use. The existing uses on the adjoining tracts and in the vicinity are of similar use with tract sizes varying from larger to smaller than the subject tract. The nearest residence is approximately mile distance and is also a single—family dwelling. Water service is from Little Thompson Water District (See attached sheet). Sewer treatment is an existing and working septic system. Access is obtained from an existing drive which travels from the dwellings to Weld County Road 46. Fire protection is from Johnstown Fire Protection District. Animal use will not exceed the Agricultural Zoning criteria and no large wastes stockpiled or storage areas or disposal concerns will be created. R.9031 August 1, 1993 Weld County Department of Planning Services RE: USE BY SPECIAL REVIEW-ALBERT & LORRAINE MICHALL PART OF THE NORTHWEST QUARTER & PART OF THE SOUTHWEST QUARTER, SECTION 13, T4N, R6SW, 6thP.M. , WELD COUNTY, COLORADO. No storm water drainage facilities are proposed due to the minimal const— ruction and because the homes are existing and the 44 acre tract will remain agricultural. Landscaping will consist of only what is desired by the owner in the vicinity of the dwelling. No reclamation concerns will be created from the proposed use. Constuction of the residence will begin immediately upon approval as the Michall' s will be selling their Loveland property and will be staying with their daughter and son—in—law until the improvements are complete. The Michall 's plan to move into the dwelling as soon as it is done. The proposal is consistant with the Weld County Comprehensive Plan and the intent of Agricultural District. The proposed residences are existing and their location will have minimal impact on the agricultural use of the tract. Adequate provisions are in place for access and protection of the health, safety and welfare of the residents. The proposed use is compatible with surrounding uses and any anticipated future developement. The tract does not lie in any designated overlay disticts. Required application information i.e. Deed, Water availability, Sewage System, Adjoining Owners and Mineral Owners List, and Soils Information is included. If additional information is needed or the County has questions, please call. Thank you for your consideration of our request. Very tr�ul�/�eyyours, ( �I� ',a- ,, Q Q ' D a /�� p f ALBERT N. MICHALL LO RAINE A. MICHALL � -2 Q"l L71.Tr Reim tied at B 1357 EEC 02307175 su/ 3O92 16: 42 $10 .00 1/002 Reception No. F 0060 MARY ANN FEUERSTEIN CLERK F RECORDER WELD CO, CO O23O175 WARRANTY DEED THIS DEED, Made this 29TH day of OCTOBER, 1992 between ROGER R. LEE and MARJIE J. LEE of the County of ARAPAIIOE and State of COLORADO, grantor, and STATE DOCUMENTARY FEE ALBERT N. MICHALL and LORRAINE A. MICIIALL Date 9O-- 3b- 92 whose legal address is 643 W. 10TH STREET, -1---1-a--- LOVELAND, COLORADO 80537 of the County of LARIMER and State of COLORADO, grantees: WITNESS, that the grantor, for and in consideration of the sum of SEVENTY-SEVEN TIIOUSAND AND 00/100ths DOLLARS, ($77,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of WELD, and State of Colorado, described as follows: N-- ALL THAT PART OF TIIE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER �p OF SECTION 13, TOWNSIIIP 4 NORTII, RANGE 68 WEST OF TIIE 6TII P.M., -�J- WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS SHOWN IN EXHIBIT "A" ATTACHED HERETO. (b also known by street and number as VACANT LAND, JOHNSTOWN, COLORADO 80534 NTOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO IIAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due or 1 payable, easements, restrictions, reservations, covenants and rights-of-way of record, If any, d J is The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet 10 ,J and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully \ claiming the whole or any part thereof. siv S; F The singular number shall include the plural, the plural the singular, and the use of any gender shall be j it., applicable to all genders. `..1\S' IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. c 1 MARJIE J. L ROGER It LEE 9 \FFv STATE OF COLORADO ) ) ss. COUNTY OF Larimer The foregoing instrument was acknowledged before me this 29TII day of OCTOBER, 1992 by ROGER R. LEE and MARJIE J. LEE . ` i,• i`) My commission expires: . Witnes my • August 4, 1993 hand and o icial sell • p ivi Nu Li ii' e No.921A.Rev.3-85 WARRANTY DEED(to Joint Tenants) n 015 B 1357 REC 02''19175 10/30/92 16 : 42 $' 3 .00 2/002 F 0061 MARY A FEUERSTEIN CLERK & RECOR4. A WELD CO, CO EXHIBIT A LEGAL DESCRIPTION All that part of the Northwest Quarter (NW 1/4) and the Southwest Quarter (SW 1/4) of Section 13, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Considering the North line of said NW 1/4 of Section 13 as bearing North 89°53'00" East and with all bearings contained herein relative thereto. Beginning at the Northwest Corner of said Section 13, said NW Corner being the POINT OF BEGINNING; thence along said North line of the NW 1/4 of Section 13 North 89°53'00" East 526.49 feet; thence leaving said North line South 00°10'21" East 1595.62 feet; thence South 37°54' 15" East 62.36 feet; thence South 05°31'38" West 319.64 feet; thence South 43°30'34" East 322.12 feet; thence South 07°58'51" East 450.41 feet; thence South 32°31 '42" West 523.00 feet; thence South 00°16'11" East 172.29 feet to the Southerly line of that certain parcel of land described in Deed recorded in Book 162 at Page 389, Weld County records, thence along said Southerly line North 86°30'44" West 537 .47 feet to the West line of said SW 1/4 of Section 13; thence leaving said Southerly line and along said West line North 00°10' 19" East 577.50 feet to the West line of said NW 1/4 of Section 13; thence along said West line North 00°10'21" West 2644.63 feet to the POINT OF BEGINNING. County of Weld, State of Colorado TOGETHER WITH ONE SHARE OF CONSOLIDATED HOME SUPPLY °I-31019 Tap No. anti LITTLE THOMPSON WATER DISTRICT Domestic Water Agreement ThisAgreement made this :n day of £-A&2— / '4d ,19 w1- by and between Land Owner, Hereinafter referred to as User, and LITTLE THOMPSON WATER DISTRICT, a statutory water district, herinafter referred to as the District, is upon the following terms and conditions, for the property and water tap shown below: Legal Owner of Property: /Y_t'4c-E''C,7-/ w' ' M Le' Street Address of Property: ,,,JeraeJO [4/x• ( i *47 Town and Zip Code: ( -r-*r- r ice•ta-t.. / .'0 LTWD Tap No: 4417.S • Purpose of Domestic Water Service: -anf e , Residential Single Family; Multi-family; Commercial; or Other (describe) WHEREAS the District is the owner of facilities for the purpose of furnishing Domestic Water to users within said District:and WHEREAS the user is desirous of obtaining domestic water for his property, NOW THEREFORE, the parties hereto agree to the following: 1. This agreement shall be the binding contract between the User and the District. 2. User hereby agrees to pay to the District such sum as may be prescribed from time to time by the Board of Directors as the water rate or charge for such water service. Payments shall start when the District installs the tap and water is available for delivery. A minimum payment, as prescribed from time to time by the Board of Directors of the District, shall be due and payable regardless of water use. 3. Until paid,all rates,tolls,or charges shall constitute a perpetual lien on and against the property served,and any such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of merchanic's lien. The District shall shut off or discontinue service for account delinquencies or other violations of the District's Rules and Regulations. 4. No water service may he obtained except upon property included within the boundaries of the District. User agrees to include the property served within the District, if this has not been previously accomplished. User further agrees that he will not permit other persons to use water furnished to him under this agreement. 5. District agrees to furnish water to User PROVIDED,that the District shall not be liable for loss to User for failure to deliver water because of war, riot, insurrection, breaks in the water system or Acts of God.The District shall endeavor to repair all breaks promptly on District lines. 6. User agrees to abide by such other rules and regulations of the District regarding the use of water as may be established from time to time by the Board of Directors. 7. The user's name and billing address for all statements and notices is: 6 splay G2/—e at? /O 41- Phone: 'J-'7 iz-c ta_ CA Cp 'f d f IN WITNESS WHEREOF the parties have subscribed their names the day and year first above written. LITTLE THOMPSON WATER DISTRICT c (Signature of Land Owner) li LTWD Form 120 (Rev. April, 1986) SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART United States Department of Agriculture, Soil Conservation Service, 1 in cooperation with the Colorado Agricultural Experiment Station 1v/ p88E 1lPA '�I Ma yr k 404.4 Phi, #r- 1 I ,}£ i � 7Ba " ,i >. r 79,g:i iiL '4g, r biiiiiTUWN .F. * .. yYy�iti w ERVOIR r1 1. . try- q '1 ,Y re als , ', I- " 'j t r 8C' I6 •(its*— _ 4 e Fa:. 1•l �'-'I.r '. "1. ick :�" ° ! .°., r+1 .i iw i ,,,,y �'" T h%....r_l.,1,..� St ,i ^ i } TqK /t., rvr.a 820,4M .....s. '1 .sr j ;dlr. . 82 1!• •�. . s FSK'r ! :Fk . ' .7+•rr.ua.A.�y ` IKY -.: Ryyyyy }� •A T r a., _ 82 � : i e \ 3titir " 'i. ♦ . 1 ; y� A. r rr s et�1/ 2Sk Buda °� hL4 1'.y'a, .'" Pryy, ' u si(��j��y ‘ 3 r 1 _ [ e V �.C'� .i 'mil ••.'...-R- ;� iQ� ti '7e .. }.7.,7... .71-, ;�f : , 16 iU� a r... -� ! rI • al% u yi R 5 (ll � r v 'e �`as �� a '1.41"; ' *i i t Vs . 1 : I N 1r tkrt r l t: ti z. \ i'wY c� !Z l T.,,... .....jr.,.....,...:::.:,,,,,:,.. r r n K eN 1 r K.. a . 4•z c`r 42, 12• • tle ° { .C7 5 r. 't Nry`yeo° _'X4. '�a �° LL� ' I WC' W'Ahf s '}I niter- al'.•+ `eCrN . I/!V;lent.; a i• ° 4 i• • ' r J °�',y', ° ', v rN04va xT�'.- • r . '1$!' ! W (f�� , att (� �� 'N.r Y, ` ! a r14-� r yr ,� 4 �rl 1 x :::1 19F7T7'" _'°'r1)`1" ° r�4 .� . � p'LCS . , `t4µtGri ` I F ttti .' '.i i At. f.i w, _ � I..AIN ' .• ',,,f...4' d� s 'if}:,.!...31,1" +"'i3g Kq a r ?r r • F 1 31 cK F I6 Jr� 2 :•— �1 r ' Pr 'laIdt ° . 1 L ) 34 1161 a i �I' r y . .1' ° -�f •y.• 't' .Y 61 61 61�x. ,16 {,� ,...JJJJin i. 24 61 t 8719t!ti ' I tiff • yien ry a°I p'. ,I . . ' ' 57::ii k r iq4 x 1 s!> 1 °1° 1i; yPxda .:1,.,,,,,.. ne" O11 In irrigated a this soil is suited to crops commonly 4—Aquolls and Aquepts, flooded. .is nearly level map grown in the area. Perennial grasses and alfalfa or close unit is in depressions in smooth plains and along the grown crops should be grown at least 60 percent of the bottoms of natural drainageways throughout the survey area. Aquolls, which have a dark colored surface layer, time. Contour ditches and corrugations can be used in ir- make up about 55 percent of the unit. Aquepts, which rigating close grown crops and pasture. Furrows, contour have a lighter colored surface layer, make up about 25 furrows, and cross slope furrows are suitable for row crops. Sprinkler irrigation is also desirable. Keeping percent. About 20 percent is soils that are well drained bl- lage to a minimum and utilizing crop residue help to con- and soils that have sandstone or shale within 48 inches of trol erosion. Maintaining fertility is important. Crops the surface. respond to applications of phosphorus and nitrogen. These are deep, poorly drained soils that formed in In nonirrigated areas this soil is suited to winter wheat. recent alluvium. No one pedon is typical. Commonly the The predicted average yield is 28 bushels per acre. The soils have a mottled, mildly to moderately alkaline loamy soil is summer fallowed in alternate years to allow or clayey surface layer and underlying material that ex- moisture accumulation. Generally precipitation is too low tends to a depth of 60 inches or more. In places they have for beneficial use of fertilizer. a gleyed layer in the underlying material. Stubble mulch farming, striperopping, and minimum til- Most of the acreage is subject to excessive runoff. The lage are needed to control soil blowing and water erosion. water table is at or near the surface in spring and during Terracing also may be needed to control water erosion. the peak of the irrigation season. The potential native vegetation is dominated by blue These soils are used for rangeland and wildlife habitat. grama. Several mid grasses, such as western wheatgrass Some small areas are irrigated pasture. and needleandthread, are also present. Potential produc- The potential native vegetation is dominated by tion ranges from 1,600 pounds per acre in favorable years switchgrass, prairie cordgrass, saltgrass, alkali sacaton, to 1,000 pounds in unfavorable years. As range condition big bluestem, indiangrass, western wheatgrass, slender deteriorates, the mid grasses decrease; blue grama, buf- wheatgrass, sedge, and rush. Cattails and bullrush grow falograss, snakeweed, yucca, and fringed sage increase; in the swampy spots associated with these range sites. and forage production drops. Undesirable weeds and an- Potential production ranges from 4,000 pounds per acre in nuals invade the site as range condition becomes poorer. favorable years to 3,000 pounds in unfavorable years. As Management of vegetation on this soil should be based range condition deteriorates, the tall and mid grasses on taking half and leaving half of the total annual produc- decrease, production drops, and saltgrass, sedge, and rush tion. Seeding is desirable if the range is in poor condition. increase. The farming and irrigation in adjacent areas has Sideoats grama, little bluestem, western wheatgrass, blue increased the amount of salts on much of the acreage. grama, pubescent wheatgrass, and crested wheatgrass are Management of vegetation on this soil should be based suitable for seeding. The grass selected should meet the on taking half and leaving half of the total annual produc- seasonal requirements of livestock. It can be seeded into tion. Switchgrass, big bluestem, indiangrass, western a clean, firm sorghum stubble, or it can be drilled into a wheatgrass, pubescent wheatgrass, intermediate wheat- firm prepared seedbed. Seeding early in spring has grass, tall wheatgrass, and tall fescue are suitable for proven most successful. seeding. The plants selected should met the seasonal Windbreaks and environmental plantings of trees and requirements of livestock. For successful seeding, a firm shrubs commonly grown in the area are generally well prepared seedbed is needed. A grass drill should be used. suited to this soil. Cultivation to control competing Seeding early in spring has proven most successful. Til- vegetation should be continued for as many years as lage is needed to eliminate the undesirable vegetation. possible following planting. Trees that are best suited and Wetland wildlife, especially waterfowl, utilize this unit. have good survival are Rocky Mountain juniper, eastern The wetland plants provide nesting and protective cover redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, as well as some food. The nearby irrigated cropland, lilac, Siberian peashrub, and American plum. where wildlife obtain much of their food and find protec- tive cover, makes this unit valuable to both wetland and Openland wildlife, such as pheasant, mourning dove, wildlife. and cottontail, and rangeland wildlife, such as antelope, openland cottontail, and coyote, are best suited to this soil. Under Openland wildlife, especially pheasant, use this unit for irrigation, good wildlife habitat can be established, cover and nesting. Deer find excellent cover in some benefiting many kinds of openland wildlife. Forage areas. These valuable wildlife areas should be protected production is typically low on rangeland, and grazing from fire and fenced to prevent encroachment and management is needed if livestock and wildlife share the overuse by livestock. They should not be drained. Caps- range. Livestock watering facilities also are utilized by bility subclass VIw; Aquolls in Salt Meadow range site, various wildlife species. Aquepts in Wet Meadow range site. This soil has good potential for urban and recreational 16—Colby loam, 3 to 5 percent slopes. This is a deep, developments. Road design can be modified to compen- well drained soil on upland hills and ridges at elevations sate for the limited capacity of this soil to support a load. of 4,850 to 5,050 feet. It formed in calcareous eolian Capability subclass IIIe irrigated, IVe nonirrigated; deposits. Included in mapping are small areas of soils that Loamy Plains range site. have fine sandy loam or loam underlying material. 42—Nunn clay loam, 1 to 3 percent slopes. This is a Typically the surface layer is pale brown loam about 10 deep, well drained soil on terraces and smooth plains at • inches thick. The underlying material is very pale brown elevations of 4,550 to 5,150 feet. It formed in mixed allu- silt loam to a depth of 60 inches. vium and eolian deposits. Included in mapping are small, Permeability is moderate. Available water capacity e. long and narrow areas of sand and gravel deposits and high. The effective rooting depth is 60 inches or more.Surface runoff is medium to rapid, and the erosion hazard small areas of soils that are subject to occasional flooding. Some leveled areas are also included. is moderate. Q" ^`►— Typically the surface layer of this Nu...1 soil is grayish This soil has fai. J poor potential for urban develop- brown clay loam aobut 9 inches thick. The subsoil is light ment. It has moderate to high shrink swell, low strength, brownish gray clay loam about 14 inches thick. The upper and moderately slow permeability. These features create part of the substratum is light brownish gray clay loam. problems in dwelling and road construction. Those areas The lower part to a depth of 60 inches is brown sandy that have loam or sandy loam in the lower part of the loam. substratum are suitable for septic tank absorption fields. Permeability is moderately slow. Available water and foundations. Some areas of this soil are adjacent to capacity is high. The effective rooting depth is 60 inches streams and are subject to occasional flooding. The poten- or more. Surface runoff is medium, and the erosion tial is fair for such recreational development as camp and hazard is low. picnic areas and playgrounds. Capability subclass lie ir- In irrigated areas this soil is suited to all crops com- rigated, IIIc nonirrigated; Clayey Plains range site. monly grown in the area, including corn, sugar beets, 53—Otero sandy loam, 5 to 9 percent slopes. This is a beans, alfalfa, small grain, potatoes, and onions. An exam- deep, well drained soil on plains at elevations of 4,700 to pie of a suitable cropping system is 3 to 4 years of alfalfa 5,250 feet. It formed in mixed outwash and eolian followed by corn, corn for silage, sugar beets, small grain, deposits. Included in mapping are small areas of soils that or beans. Generally such characteristics as the high clay have sandstone and shale within a depth of 60 inches. content or the rapidly permeable substratum slightly Typically the surface layer is brown sandy loam about restrict some crops. 10 inches thick. The underlying material to a depth of 60 All methods of irrigation are suitable, but furrow ir- inches is pale brown calcareous fine sandy loam. rigation is the most common. Proper irrigation water Permeability is rapid. Available water capacity is management is essential. Barnyard manure and commer- moderate. The effective rooting depth is 60 inches or cial fertilizer are needed for top yields. more. Surface runoff is medium to rapid, and the erosion In nonirrigated areas most of the acreage is in small hazard is low. grain and it is summer fallowed in alternate years. This soil is suited to limited cropping. Intensive Winter wheat is the principal crop. The predicted average cropping is hazardous because of erosion. The cropping yield is 33 bushels per acre. If the crop is winterkilled, system should be limited to such close grown crops as al- spring wheat can be seeded. Generally precipitation is too falfa, wheat, and barley. This soil also is suited to ir- low for beneficial use of fertilizer. rigated pasture. A suitable cropping system is 3 to 4 Stubble mulch farming, striperopping, and minimum til- years of alfalfa followed by 2 years of corn and small lage are needed to control soil blowing and water erosion. grain and alfalfa seeded with a nurse crop. Closely spaced contour ditches or sprinklers can be The potential native vegetation is dominated by used in irrigating close grown crops. Contour furrows or western wheatgrass and blue grama. Buffalograss is also sprinklers should be used for new crops. Applications of present. Potential production ranges from 1,000 pounds nitrogen and phosphorus help in maintaining good produc- per acre in favorable years to 600 pounds in unfavorable tion. years. As range condition deteriorates, a blue grama-buf- The potential native vegetation on this range site is falograss sod forms. Undesirable weeds and annuals in- dominated by sand bluestem, sand reedgrass, and blue vade the site as range condition becomes poorer. grama. Needleandthread, switchgrass, sideoats grama, Management of vegetation of this soil should be based and western wheatgrass are also prominent. Potential on taking half and leaving half of the total annual produc- Production ranges from 2,200 pounds per acre in favora- tion. Range pitting can help in reducing runoff. Seeding is ble years to 1,800 pounds in unfavorable years. As range desi rable if the range is in poor condition. Western condition deteriorates, the sand bluestem, sand reedgrass, wheatgrass, blue grama, sideoats grama, buffalograss, pu- and switchgrass decrease and blue grams, sand dropseed, bescent wheatgrass, and crested wheatgrass are suitable and sand sage increase. Annual weeds and grasses invade for for seeding. The grass selected should meet the seasonal the site as range condition becomes poorer. requirements of livestock. It can be seeded into a clean, Management of vegetation on this soil should be based firm sorghum stubble, or it can be drilled into a firm on taking half and leaving half of the total annual produc- prepared seedbed. Seeding early in spring has proven tion. Seeding is desirable if the range is in poor condition. most successful. Sand bluestem, sand reedgrass, switchgrass, sideoats Windbreaks and environmental plantings are generally grama, blue grama, pubescent wheatgrass, and crested well suited to this soil. Cultivation to control competing wheatgrass are suitable for seeding. The grass selected vegetation should be continued for as many years as should meet the seasonal requirements of livestock. It can possible following planting. Trees that are best suited and be seeded into a clean, firm sorghum stubble, or it can be have good survival are Rocky Mountain juniper, eastern drilled into a firm prepared seedbed. Seeding early in redcedar, ponderosa pine, Siberian elm, Russian-olive, and spring has proven most successful. hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. Windbreaks and environmental plantings are generally Wildlife is an important secondary use of this soil. The suited to this soil. Soil blowing, the principal hazard in cropland areas provide favorable habitat for ring-necked establishing trees and shrubs, can be controlled by cul- pheasant and mourning dove. Many nongame species can tivating only in the tree row and by leaving a strip of be attracted by establishing areas for nesting and escape vegetation between the rows. Supplemental irrigation cover. For pheasants, undisturbed nesting cover is essen- may be needed at the time of planting and during dry tial and should be included in plans for habitat develop- are Rocky Mountain juniper, eastern redcedar, ponderosa periods. Trees that are best suited and have good survival ment, especially in areas of intensive agriculture. Range- land wildlife, for example, the pronghorn antelope, can be pine, Siberian elm, Russian-olive, and hackberry. The attracted by developing livestock watering facilities, shrubs best suited are skunkbush sumac, lilac, and Siberi- managing livestock grazing, and reseeding where needed. an peashrub. 931035 Wildlife is an important secondary ,e of this soil. Ring-necked pheasant, mourning dove, and many non- game species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans for habitat development, especially in areas of intensive agriculture. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of this Otero soil. This soil has excellent potential for urban and recrea- tional development. The primary limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. There are additional costs in site preparation because of slope. Lawns, shrubs, and trees grow well. Capability subclass IVe irrigated, Vle nonir- rigated; Sandy Plains range site. 931035 (litit ;;Nts) DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N. ORAAVENUEO631 GREELEY, COLORADO80631 COLORADO August 9, 1993 Albert N. and Lorraine A. Michall 643 West Tenth Street Loveland, CO 80537 Subject: USR-1029 - Request for a Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) zone district on a parcel of land described as part of the W2 of Section 13 , T4N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Michall: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for September 7, 1993, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Town of Johnstown Planning Commission for its review and comments. Please call Diana Seele at 587-4664, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Johnstown Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to August 25, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than August 27, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 931035 ' Albert and Lorraine Michall USR-1029 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Chuck Cunliffe, AICP Director 931035 REFERRAL LIST NAME: Albert and Lorraine Michall CASE NUMBER: USR-1029 REFERRALS SENT: August 9, 1993 REFERRALS TO BE RECEIVED BY: August 16, 1993 COUNTY TOWNS and CITIES Attorney _Ault X Health Department ____Brighton _Extension Service _Broomfield _Emergency Management Office _Dacono Sheriff's Office _Eaton X Engineering _Erie _Housing Authority _Evans _Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE _Garden City Division of Water Resources _ _ Gilcrest _Geological Survey Greeley _Department of Health Grover _Department of Transportation _Hudson 1a3 ____Historical Society X JohnstownYt<.' ' Water Conservation Board ____Keenesburg X Oil and Gas Conservation Commission ____Kersey reLW' " _La Salle FIRE DISTRICTS ____Lochbuie Ault F-1 _Longmont Berthoud F-2 Mead_ Briggsdale F-24 Milliken _Brighton F-3 New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 Nunn Galeton F-6 Pierce Hudson F-7 Platteville X Johnstown F-8 Severance La Salle F-9 ____Thornton Mountain View F-10 _ _ Windsor Milliken F-11 _ Nunn F-12 COUNTIES _ _Pawnee F-22 _Adams Platteville F-13 Boulder _ _Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 X US Army Corps of Engineers _ _Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. Brighton _ Panhandle Eastern Pipe Line Co. X Fort Collins _ Tri-Area Planning Commission _Greeley _Longmont West Adams COMMISSION/BOARD MEMBER X Judy Yamaguchi r,, 931035 DATE: September 7, 1993 CASE NUMBER: USR-1029 NAME: Albert and Lorraine Michall ADDRESS: 643 West Tenth Street, Loveland, CO 80537 REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 and part of the SW4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of Johnstown. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposed use is consistent with the Urban Growth Boundary Goals and Policies of the Weld County Comprehensive Plan. The proposed use is southwest of the Town of Johnstown. The Johnstown Board of Adjustment has reviewed this request and recommended approval. The proposal is consistent with the intent of the Agricultural zone district as provided by the Use by Special Review. The uses which would be permitted will be compatible with the existing surrounding land uses which include rural residences, oil and gas production, and agricultural production. These uses which would be permitted will be compatible with the existing surrounding land uses as permitted by the Agricultural zone district. The southern portion of the site is effected by the Flood Hazard overlay District. Development in this area shall be guided under the auspices of a Flood Hazard Development Permit. No other overlays influence this site. The applicant has demonstrated a diligent effort to conserve productive agricultural land by not taking land out of farm production. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. 931035 RECOMMENDATION, USR-1029 Albert and Lorraine Michall Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 931035 SITE SPECIFIC DEVELOPMENT PLAN . SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Albert and Lorraine Michall USR-1029 1. The Site Specific Development Plan and Special Review permit is for a single family dwelling on a lot less than the minimum lot size in the (A) Agricultural zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. If additional oil and gas wells are located on the property they shall adhere to the rules of the Colorado Oil and Gas Conservation Commission. 4. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 6. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 7. 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 ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permit on the existing systems. 9. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 10. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 931035 ADDITIONAL COMMENTS Albert and Lorraine Michell USR-1029 The two existing homes were constructed in 1890 and 1910. The oldest unit has 1,104 square feet and the other has 988 square feet. The applicant purchased the property in October of 1992. Neither of the units is equipped with a basement. According to County records no building permits are recorded on the property. The intent of the applicant is to renovate the larger of the two homes. After renovation the applicant plans to reside in the unit with the additional home being occupied by the applicants daughter and her family. Both families plan to assist with the small farm production. The applicants may wish to consult the expertise of the City of Greeley Museum personnel regarding renovation of a historic structure. 931035 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-1029 for Albert and Lorraine Michall in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 11th day of August, 1993. 931035 SURROUNDING PROPERTY OWNERS AND/OR MINERAL OWNERS/INTEREST OWNERS/SURFACE ESTATE Albert and Lorraine Michall USR-1029 Coleen S. Root, Trustee Pau. M. and Peggy S. Bryant 4968 Weld County Road 46 Berthoud, CO 80513 Michael R. and Barbara H. Soleta 4912 Weld County Road 46 Berthoud, CO 80513 L & L, Inc. 925 N. County Line Road #1 Berthoud, CO 80513 Frances M. Rutt 4521 Weld County Road 44 Berthoud, CO 80513 R.B. Fickel 20406 N. 141st Drive Sun City West, AZ 85375-5536 John T. and Dolores A. Goodier and Edgar Held c/o Jerry Sheaman P.O. Box 1447 LaPorte, CO 80535 Frances M. Rutt 4521 Weld County Road 44 Berthoud, CO 80513 Wade W. and Daniel W. Dones 5364 Weld County Road 46 Berthoud, CO 80513 Albert N. and Lorraine Michall 643 W. 10th Street Loveland, CO 80537 Florin T. and Sally J. Schlautman and Marie and Lawrence Barker 14417 N. 6th Street 931035 Phoenix, AZ 85022 SURROUNDING PROPERTY OWNERS AND/OR MINERAL OWNERS/INTEREST OWNERS/SURFACE ESTATE Albert and Lorraine Michall USR-1029, Page 2 Albert N. and Lorraine A. Michall, JT 643 W. 10th Street Loveland, CO 80537 Farmoil, Inc. 100 Racquette Drive Ft. Collins, CO 80524-2757 Farmoil-Dunklee No. 3 Fund, Ltd. 100 Racquette Drive Ft. Collins, CO 80524-2757 931035 (4 ,\ Aip.., DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140WI C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO DATE: August 9, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1029 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, September 7, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Albert and Lorraine Michall FOR: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the W2 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southeast of the Town of Johnstown. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Chuck Cunliffe, Director. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 931035 NAMES Of OWNERS OF PROPERTY WITHIN 500 FEET • NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 0 ROOT, COLEEN S. , TRUSTEE & 4968 W C R 46 BRYANT, PAUL M. & PEGGY S TRNSIEES BERTHOUD, CO 80513 1061 14 0 00 032 SOLETA, MICHAEL R. & BARBARA H. 4912 W C R 46 BERTHOUD, CO. 80513 1061 14 0 00 033 L & L INC. 925 N CO LINE RD. #1 BERTHOUD, CO. 80513 1061 `14 0 00 026 RUTT, FRANCES M. 4521 W C R 44 „FRTHOIID. CO. 80513 1061 14J) 00 008 FICKEL, R.B. 20406 N. 141ST DR. c1111 1TTY WFST. A] 85375-5536 1061 11 0 00 015 FICKEL, R. B. 20406 N. 141st DR. SLR CITY WEST, AZ 85375-5536 1061 12 0 00 016 GOODIER, JOHN T. & DOLORES A. P.O. BOX 1447 1rc; E.LIGAILAILELLJO JERRY SHEAMAN IA 2ORTF. CQ. 80535 1061 12' 0 00 017 RUTT, FRANCES M. 4521 W C R 44 BERTHOUD, CO. 80513 1061 13 0 00 009 DUNES, WADE . WARREN & 5364 W C R 46 DUNES, DANIEL WARREN RFRTEOUD. CO. 80513 1061 13 0 00 017 MICHALL, ALBERT N. & LORRAINE 643 W. 10th ST. I OVELAND, CO. 80537 1061 11 0 00 018 SCHLAUTMAN, FLORIN T. & SALLY 14417 N 6th ST. J. & BARKER,. MARIE & LAWRENCE E. PHUFNTX. A7. 85022 1061 13 0 00 019 1 9:3]_035 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Pt Auk) '/4 T4-, c'51/0 ' 14 , Stec • I3 TL1-N 1268i/0 STATE OF COLORADO ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred feet of the property under consideration 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 days of the application's submission date. 94,11, Cfehtn,64,„„ The foregoinggf instrument was subscribed and � sworn /to before � m-e/this ¢Z1day /4/a s./ , 19/3, by /!�//n4,PG� P/`/J�%�/en 25/-EN/7e r • 'r'wia ss ,My hand and official seal. `-' OI YACs'mpiisSi.on expires: Jera-eaCiter 7 T V +�' 7 Notary Public / ify'Cammission Expires: feeer 931035 NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Mineral Owners: Albert N. Michall and Lorraine A. Michall, JT 643 W. 10th. Street Loveland, CO 80537 Oil & Gas Leasehold Owners: Farmoil, Inc. 100 Racquette Drive Fort Collins, CO 80524-2757 Farmoil-Dunklee No. 3 Fund, Ltd. 100 Racquette Drive Fort Collins, CO 80524-2757 931035 T-J USE BY SPECIAL REVIEW AFFIDAVIT OF INTEREST OWNERS MINERAL AND/OR SUBSURFACE ESTATE Application No. Subject Property: Township 4 North, Range 68 West, 6th P.M., Weld County, Colorado Section 13: A tract of land in the NWV4 and SWV4 of said Section 13, being more particularly described as follows: Considering the North line of said NWV4 of Section 13 as bearing North 89°53'00"East and with all bearings contained herein relative thereto. Beginning at the Northwest Corner of said Section 13, said NW corner being the Point of Beginning; thence along said North line of the NW'/4 of Section 13 North 89°53'00" East 526.49 feet; thence leaving said North line South 00°10'21" East 1595.62 feet; thence South 37°54'15" East 62.36 feet; thence South 05°31'38" West 319.64 feet; thence South 43°30'34" East 322.12 feet; thence South 07°58'51" East 450.41 feet; thence South 32°31'42" West 523.00 feet; thence South 00°16'11" East 172.29 feet to the Southerly line of that certain parcel of land described in Deed recorded in Book 162 at Page 389, Weld County records, thence along said Southerly line North 86°30'44"West 537.47 feet to the West line of said SWY44 of Section 13; thence leaving said Southerly line and along said West line North 00°10'19" East 577.50 feet to the West line of said NWV4 of Section 13; thence along said West line North 00°10'21"West 2644.63 feet to the POB. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of 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 as their names appear in the records of the Weld County Clerk and Recorder based on (i) the tract index of Transamerica Title Insurance Company of Greeley current through June 1, 1993 at 7:45 a.m., and(ii) the computerized index of Transamerica Title Insurance Company of Greeley for the period of time from June 1, 1993 at 7:45 a.m. through July 27, 1993 at 7:45 a.m. *?E. zer dProfessional Landman#4044 Subscribed and sworn to before me this 4th day of August, 1993. // . 7 , My commission expires: { %/ iC -U �� Notafyblic 91035 • • 6. - --- 4,2,..: . t • ,.. , . . . a i i 3 I F'I'3 f:' ',..C.,:‘,Hisic';'";,:- ..,..*:4::,..1[1:117;:i'''1:•:''-.16.4:... 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C�'� •0°CONO J.' •1 -' ° r Ny OPr - J ,l % C J J �i • s y 2 x 1 Iv �I / / A °L$) 1!/ e. .—F/-:l. ] .I. o r•• Y i. w- 1�/ �_, i I! • 5S J PG�E5�_ i� • r( ..� a /'ai h / A 1._' I kt 7..3 -.Air -___ MOT= OP PUBIC TheWWICetetq AFFIDAVIT OF PUBLICATION Corn •n • STATE OF COLORADO selek emirs*September 7, ''at ss 150 patrols mow COUNTY OF WELD el considering a Site aAG d a Dpecial Review e Man I, KEITH HANSEN, of said County of Weld, being duly a Special d, Y permit for the property sworn,say that I am publisher of desatbd bebw.AArewl of the mount may create WINDSOR BEACON a vested property right pursuant Cobble law. a weekly newspaper having a general circulation in said APPLICANT:Alton end County and State, published in the town of WINDSOR, Lorraine Michell in said County and State; and that the notice, of which LEGAL DESCRIPTION: the annexed is a true copy, has been published in said Pen of the W2 of IKON weekly for / successive weeks, that the notice 15,TIN,ROW d IMO P.M., Weld County, was published in the regular and entire issue of every Colorado. number of the paper during the period and time of publication, and in the newspaper proper and not in a TYPE AND INTENSITY OF PROPOSED USE:A supplement, and that the first publication of said notice single featly dwellnp en a was in said paper bearing the date of the kit less then the minimum / �? lot size In the A /o2q 1ay of 5'i— , A.D., 19 a and (Aprbnturell mnedWlu. the last publication bearing the date of the LOCATION:Appr.irrrrely 2 mine •outhwp of day of , A.D., 19_ and the Town of that the said WINDSOR BEACON has been published JoMmewn. continuously and uninterruptedly for the period of 5 Sat 44.14 erne,more or consecutive weeks, in said County and State, prior to the Mee. date of first publication of said notice, and the same is a TM.public an:'luring ww be newspaper within the meaning of an Act to regulate held In the Weld County printing of legal notices an advertisements, approved Cemmmalortrs'Nearing May 18, 1931,and all prior cts r as in force. Room, First Floor,Weld Carey Grannie'CS 515 Tenth Suet,Omelet Colorado.Comments or s►Nmlon related to the P USHER above request should M submitted In Slag to due Wald Casey Department Subscri d nd sworn to before me this / 7 .i day el Planning Services,1400 of L!Q evt.a t 19 C3 N. 17th Avenue.Oae4s ,Cobweb 06811,bston the above /,rte ^5 21i-e-77L4'wG date or presented at the NOTARY PUBLIC public hearing on ` Sepamber7,1168. '�"_a'l y /91 6 . My commission expires t Copi a of the appierelon are available for public lhedd0lMii""IN' the Department of Planning Services, 1400 N. 17th Avant Oaeloy,Coloreds 50681-Phone-7554545 Ereer-Yn 7640. Judy Yamaguchi, Chskpassn,Weld County Plo1Wro Cemmleen Sweeti t ,681. D : AUG 3 U 1993 tfPlanning 931035 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # U J i, - !UoZ-y THE SIGN WAS POSTED BY: II Al L e r4 NI . M, C il,cc NAME OF PERSON POSTING SIGN SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS , DAY OF , 19 . SEAL rt- /n NOTARY P LIC MY COMMISSION EXPIRES _c_2- 3--S6; . LAST DAY TO POST SIGN IS: IAti ` 6,Ai l , 19 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 931.035 LAND-USE APPLICATION SUMMARY SHEET Date: August 30, 1993 CASE NUMBER: USR-1029 NAME: Albert and Lorraine Michall ADDRESS: REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot less than minimum lot size in the A (Agricutlural) zone district. LEGAL DESCRIPTION: Part of the W2 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of Johnstown. SIZE OF PARCEL: 44.14 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Town of Johnstown 2. Oil and Gas Commission 3. Army Corps of Engineers 4. Weld County Engineering 5. Johnstown Fire Protection District 6. Weld County Health Department The Department of Planning Services' staff has not received referral responses from: 1. Fort Collins Soil Conservation District The Department of Planning Services' staff has not received any objections from surrounding property owners. 931 035 FIELD CHECK FILING NUMBER: USR-1029 DATE OF INSPECTION: August 19, 1993 APPLICANT'S NAME: Albert and Loraine Michall REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: 5000 Weld County Road 46; adjacent to Dry Creek Road. LAND USE: N Crops. E Grassland. S Crops. W Crops, pasture. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: There are two small homes location on the property. One appears vacant and the other is a small single family dwelling that has historical merit. 415e Dani is-Mika, Current Planner 931035 FIELD CHECK FILING NUMBER: USR-1029 DATE OF INSPECTION: Me-(913 APPLICANT' S NAME: Albert and Lorraine Michall PLANNER: Chuck Cunliffe, Director REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the W2 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southeast of the Town of Johnstown. LAND USE: N r Vto ry E CA-ors S eit-et>W LrOes !Fatima ir,J L,.,. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: �oof` 9 �// Tha_ TS: (# /0 glen .�000 wcR4(9 15 Off tak`imcj�-pl '3 rra sev,�.bi of 1AVT- (E/4d 4, , rikeni et,' tn Awe u , 2 14,1;-- ` - wmia_ ck_ ,AirtiesEciwe. lanDOeci. -Atvwti Ju ma c , lanning Commission Member DEC I � E AUG 1 ' 1993 Weld("runty Planning 931035 4rift DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAO AVENUE COLORADO 80631 COLORADO Date: August 9, 1993 CASE NUMBER: USR-1O29 TO WHOM IT MAY CONCERN: Enclosed is an application from Albert and Lorraine Michall for a Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) zone district. The parcel of land is described as part of the W2 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles southeast of the Town of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your reccmmendation. Please reply by August 23, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. it We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed:4,-7 1./ `fitca./ye 6-, Agency: c .,e Iff,rileicera (Zef �j Date: r�—/r / 75 0EC WE AUG 1 2 1993 11 *awe r :sty Planning 931 03S STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES DENNIS R. BICKNELL SUITE 380 LOGAN TOWER BUILDING Director 1580 LOGAN STREET PATRICIA C. BEAVER Technical Secretary DENVER, COLORADO 80203 (303) 894-2109 FAX ROY ROMER (303) 894-2100 Governor August 17,1993 Chuck Cunliffe Weld County Planning Services 1400 North 17th Avenue Greeley CO 80631 Dear Mr. Cunliffe: Case USR-1029 has been reviewed by this office. We would like to point out that there currently is one producing gas well in the northeast quarter of Section 14, Township 4 North, Range 68 West, Weld County. There are also existing producing wells in all of the sections surrounding section 14, indicating that there is potential for further development in that section. As always, any development for oil and gas will be subject to applicable Rules and Orders of the Colorado Oil and Gas Conservation Commission. There is potential for two wells to be located on the property under the provisions of the Codell-Niobrara Spaced Area order, but these wells would properly be located at least 400' from either of the houses on the property. If you have any further questions please contact the Commission staff at the above address or phone number. Sincerely yours, Robert J. an Sickle Petroleum Engineer oEC I E AUG 1 9 1993 11 U WOO P unty Planning 921035 t C‘ re DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1111DC. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: August 9 , 1993 CASE NUMBER: USR-1029 TO WHOM IT MAY CONCERN: Enclosed is an application from Albert and Lorraine Michall for a Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot less than the minimum lot size in the A (Agricultural) zone district. The parcel of land is described as part of the W2 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles southeast of the Town of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 23 , 1993 , so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. �By+�✓Please refer c t000tthe enclosed letter. Signed�� Lin / Agency: f`M 9 �B p1T AAF— Date: Or 1 g /99.3 _ QO � r r—,�. „, jor„A1993 931035 ""'^m 'fl'/Planning f.NT O DEPARTMENT OF THE ARMY ,�coN5i Nrjo.T \ a�: d a° v � �i �� CORPS OF ENGINEERS,OMAHA DISTRICT *;_ iW 1 2 TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 Ya M LITTLETON,COLORADO 80123-6901 \" REPLY TO August 23, 1993 i \'+rr. ATTENTION OF �� 'yA. o`t„et Mr. Chuck Cunliffe Weld County Dept. of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Mr. Cunliffe: This concerns the application from Albert and Lorraine Michael (your case no. USR- 1029) located in Section 13, Township 4 North, Range 68 West, Weld County, Colorado. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material into waters of the United States including wetlands. Reference is made to an August 19, 1993 wetlands determination conducted by Mr. Terry McKee of this office. During Mr. McKee's site visit, it was found that no wetlands exist at this site. This letter is to inform you that the proposed activity, assigned number 199380556, will not require a Department of the Army (DA) Permit. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as required. If there are any further questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120. Sincerely, Timo T, ar Project anager if AUG 7-5- 1993 ‘41,114 r.„itypi 971.035 4, ' l MEMORAnDU To Weld County Planning Date August 3J2, , 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Envental Health Subiect:Case Number: USR-1029 Name: Michall, Albert & Lorraine Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. JSP/jg-1704 ' 13 VE AUG 3 1 1993 11 Weld County Planing 931035 Hello