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RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A COMMERCIAL ESTABLISHMENT IN THE A (AGRICULTURAL) ZONE DISTRICT - VON FELDT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 20th day of October, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Victor and Martiel Von Feldt, 34030 Weld County Road 47, Eaton, Colorado 80615, for a Site Specific Development Plan and Special Review Permit for a commercial establishment in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SWq, Section 12, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, Victor and Martiel Von Feldt, applicants, were present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposed use of a commercial establishment is provided for as a Use by Special Review in the Agricultural Zone District. b. The applicants have demonstrated an effort to conserve productive agricultural land in the locational decision for the proposed use. The present and future buildings on the proposed site are concentrated on approximately a two-acre portion of the overall 21 acres. PL0932 931080 CC : n , f-1L , i )�t,.GT pk-C)93z SPECIAL REVIEW PERMIT - VON FELDT PAGE 2 c. The use which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area. Surrounding land uses include agricultural production, rural residences, a dog track, Greeley Ditch #2, and oil and gas production. Conditions of Approval and Development Standards will ensure compatibility. d. No overlay districts affect the site. e. 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 commercial establishment 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. 3. Before the plat is recorded, the noncommercial junkyard consisting of secondhand building materials to the north of the storage and shop building shall be removed or screened from view. 4. The application shall be amended to reflect a two-acre site as stipulated on the plat. 931080 SPECIAL REVIEW PERMIT - VON FELDT PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A.D. , 1993. i BOARD OF COUNTY COMMISSIONERS ATTEST: lig WEL� COUNTY, COLORADO / //,Ae Weld County Clerk to the Board ��. �q//JJ Constance L. Harbert, Chairman BY: �T ZF k i�� KX!/✓ Deputy C1 k to the Board W. i1. Webster, ro-Tem APPROVED AS TO FORM: Georg E. Baxter my Atto ney Dale K. Hal arbara J. Kirkmey r 931080 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS VICTOR AND MARTIEL VON FELDT USR-1028 1. The Site Specific Development Plan and a Special Review Permit is for a commercial establishment 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. Construction activities shall only take place within proposed or future buildings on the site. 4. The Special Review Permit is not intended to expand or diminish the rights of the mineral owners to develop the mineral estate. 5. Stock piles of scrap building material shall be visually screened from view from adjacent properties and road rights-of-way. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. No permanent disposal of wastes shall be permitted at this site. 8. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Health Department before the required I.S.D.S. Evaluation can be performed. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 931080 DEVELOPMENT STANDARDS - VON FELDT PAGE 5 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. 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. 16. 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. 17. 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. 931080 HEARING CERTIFICATION DOCKET NO. 93-74 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A COMMERCIAL ESTABLISHMENT IN THE A (AGRICULTURAL) ZONE DISTRICT - VON FELDT A public hearing was conducted on October 20, 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 Also present: Acting Clerk to the Board, Carol Harding Assistant County Attorney, Lee Morrison Planning Department representative, Greg Thompson The following business was transacted: I hereby certify that pursuant to a notice dated September 15, 1993, and duly published October 7, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Victor and Martiel Von Feldt for a Site Specific Development Plan and Special Review Permit for a commercial establishment in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Greg Thompson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Victor Von Feldt, applicant, stated he bought 21 acres of ground which was basically in weeds, brought it back to a good hay crop, and plans to continue with that. He explained he owns a small construction company which he operates out of his home, and he has been using one of the outbuildings for storage, etc. He said he does not plan to increase the size of his business in the future. In response to Commissioner Kirkmeyer, Mr. Von Feldt said he has no problems with the Conditions of Approval and Development Standards as presented by staff. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve the request of Victor and Martiel Von Feldt for a Site Specific Development Plan and Special Review Permit for a commercial establishment 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. This Certification was approved on the 25th day of October, 1993. {/j� a ff J �/ APPROVED: ATTEST: / y/ /7 BOARD OF COUNTY COMMISSIONERS a/ / t b/u it WEL COUNTY, COLORADO Weld County Clerk to the Board AAd G& yam, -!LQ� By: L k // J� Constance L. I,,arbert, Chairm Deputy Cl k to the Board /41 It/ kith W. H. Webster, Pro/Tem TAPE 7193 36 e eorge An Baxter DOCKET #93-74 Dale K. Hall PL0932 Barbara J. Kirkm yer 931080 �C tL NOT I C E The Board of County Commissioners of Weld County, Colorado, on October 20, 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: Victor and Martiel Von Feldt 34030 Weld County Road 47 Eaton, Colorado 80615 LEGAL DESCRIPTION: Part of the SW* of Section 12, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A commercial establishment in the A (Agricultural) Zone District SIZE OF PARCEL: 21 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 BOA D BY: duty Clerk to the Board PUBLISHED: October 28, 1993, in the Windsor Beacon 931080 Nona AFFIDAVIT OF PUBLICATION TM lewd of County CaaloMaslonem of MIMI COMM, Colorado, on STATE OF COLORADO OjMMlrr 20. 1993, ss o IMISNI Myapproved a COUNTY OF WELD atm Specific OSIMMment Plan and EPafil,Review.ewmit I, h'EITH HANSEN, of said County of Weld, being duly tar.Wo propatpt and sworn, say that I am publisher of PROM deferWW NMI, Condtyonal pplej rel of tf$plan WINDSOR BEACON sown a hated right panant a weekly newspaper a general circulation in said r39 at Tip ss, having w emend*for County and State, published in the town of WINDSOR, aøS of threes.. in said County and State; and that the notice, of which APPLICANT:Veld the annexed is a true copy, has been published in said MOAT Von Feld,Mom weekly for_ successive weeks, that the notice YAM County Rae 17, was published in the regular and entire issue of every Elm Colorado f/ais number of the paper during the period and time of tftk DESCRIPtION: publication, and in the newspaper proper and not in a Pa¢tof the SW 414 of supplement, and that the first publication of said notice Sa/alt 12,TovaylMp a paper was in said bearing the date of the Ner*ilange 85 Moat of fhb..I t P.M., Weld //��} �,¢ / Crap.Colorado ICU day of IILc.(j,..ie, , A.D., 19 q3 and TYPE AND INTENSITY the last publication bearing the date of the OF APPROVED USE:A commercial day of , A.D., 19 and as allahment In.the A that the said WINDSOR BEACON has been published ( Hltlturay. gene continuously and uninterruptedly for the period of 5 consecutive weeks, in said County and State, prior to the SIZE OF PARCEL:21 date of first publication of said notice, and the same is a Uooa,more or lep _ newspaper within the meaning of an Act to regulate F$tuo to abide w the printing of legal notices an advertisements, approved eemp and concealer*of May 18, 1931, and all prior cts ar as in force. awn*will retrain a MM Yyra of the metal yawn*ht. BOARD OF COUNTY c �� COMMISSIONERS, P LISHER WELD COUNTY, COLORADO Subscri},44an sworn to before me this 2- day ST: DONALD D. of ( Y r ^ 19 93 TINROEN,CLERK TO A.eG 4/ TIM WARD BY:Cmoi A. Harding; NOTARY PUBLIC Dopey data to the May Z /99 My commission expires r ! Y� ParMaUM IN the Was Maoatf on 0>MIMrRi ; • 931080 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the 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: 93-74 APPLICANT Victor and Martiel Von Feldt 34030 Weld County Road 47 Eaton, Colorado 80615 DATE: October 20, 1993 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for a commercial establishment in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SW! of Section 12, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: Northeast of Weld County Roads 70 and 47 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: October 7, 1993, in the Windsor Beacon .C,4h,0;?b 9.1080 tugs AFFIDAVIT OF PUBLICATION Past a Se awes on Of SUM100etw6itend STATE OF COLORADO the Sid assay Mining sla `• ss n COUNTY OF WELD et Me Beard of County Cdateleeioners of Weld Owetas emso y, n a. Weld I, KEITH HANSEN, of said County of Weld, being duly Mt Ilan S�m M sworn,say that I am publisher of Greeley,Coloreds,e1 VW Sew @pciMd. Al psi In W manner la wild M WINDSOR BEACON the Site WS Oswespment Plea We BMW Review POOP Se a weekly newspaper having a general circulation in said smemeled roata°rany County and State, published in the town of WINDSOR, � in said County and State; and that the notice, of which W Interested party Slap lie the annexed is a true copy, has been published in said was of a Otis weekly for_ successive weeks, that the notice le melts a record et Its yresNdings,In amles le was published in the regular and entire issue of every the aped record OAS Sill number of the paper during the period and time of se ye during the t.wta lbs Clerk to the lewd* publication, and in the newspaper proper and not in a antes shall be said s supplement, and that the first publication of said notice enfaSet of such iS a m was in said paper bearing the date of the h se11M days erin etant P P _earlths The net el ,,y- p ter a Ingbe a e bye ski 74 Oat-Le-4 , A.D., 199-3 and shalt be borne b Me day of r ■/sung pony the last publication bearing the date of the BS IT ALSO KNOMP@ ad the tat and more ee day of , A.D., 19_ and Mlle/.by Me Weld Casey Psasteg Commission ay that the said WINDSOR BEACON has been published be serninedin the Sled continuously and uninterruptedly for the period of 5 S.Clerk to the Beard* County Commiseldnerh, consecutive weeks,in said County and State, prior to the 1oc.rd in the Wed Coerey date of first publication of said notice, and the same is a Centennial West Thkd�Floor,Llfsdnter.on tey, newspaper within'the meaning of an Act to regulate Caleredo. printing of legal notices an advertisements, approved DOCKET NO:93-74 May 18, 1931,and all prior ets ar as in force. APPLICANT: Vida and Martial Von Feldt,94090 Weld County Road'47, Ea Colorado 80616 P LISHER DATE:October 20,1963 /,/.,( TIME: a.10:00 m. Subscn /mmod an sworn to before me this el " day 9-3 REQUEST:A Site Specific of (ldr� 19 Development Plan and � A Specs Porn*Review Pe to a aLB-€ 21�rl�r-,-pa commercial establishment In the A(Agricultural)Zone NOTARY PUBLIC Meld �� LEGAL DESCRIPTION:PM Q My commission expires O�1 Z/ /q I Of the SW 1/4 of Section 12, Towne* 6 North,Rpnp 66 WW d the 6th P.M.,Weld County..Colorado LOCATION:Northeast of Wed County Roads 70 and 47 BOARD OF COUNTY COMMISSIONERS,WELD COUNTY,COLORADO BY:DONALD D.WARDEN, WELD COUNTY CLERK TO THE BOARD VI:Linda M.Dodge.Deputy Clehsthasoard PWlflud s es wryer Neese en 0es4er7, tat 931080 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-74, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 07 .4 day of m w� , 1993. Deputy Clerk to the Boa Helen C. McCoy Earl A. Anderson Larry M. and Jeanne Powell 23070 WCR 70 22799 WCR 70 Eaton, CO 80615 Eaton, CO 80615 Victor R. and Martiel L. Von Feldt Catherine R. Vannoy 2224 2nd St. PO Box 2241 Greeley, CO 80631 Greeley, CO 80632 The Order of the Holy Family Michael W. Armstrong and Peggy L. c/o Abbott Jon Aldan Allsup 1204 Galisteo Parkway 22881 WCR 70 Santa Fe, NM 87501 Eaton, CO 80615 Victor and Martiel Von Feldt John W. and Deanna M. Morris 34030 WCR 47 PO Box 2056 Eaton, CO 80615 Eaton, CO 80615 Ava E. Rose and June R. Aylsworth Raymond E. and Gary G. Ferguson PO Box 44 34294 WCR 47 Lucerne, CO 80646 Eaton, CO 80615 Tollgate Farms, Inc. 179 S. Monroe Street Denver, CO 80209 Leslie E. and Joan M. Peterson 19882 Hwy 392 Greeley, CO 80631 Melvin and Imogene Bickling 21586 Hwy 392 Greeley, CO 80631 Roy and Betty Lewis 23038 WCR 70 Eaton, CO 80615 931080 f e rr e<rr rr•<. i 1/4 L Oio. ,� - LIO O D o l r ....._ ,) o L. Via• .1 r u. F __.. it, y� � r; t /i o :R b — w .� 'l 7 wco _ ;r v4. x b 0 "— nn H _ CO a) <1, yr £ o a co co 0 b w h N • oZca rJ O — o 4.) Z — co O i- N 1 �4.4 p � w oN - O 03 4 .1 4-.) U N N .Co N N r40 0 N C7 E U H t/1 • OH 01in ., ao8 og � - 3a 8 w 911089 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 7 , 1993 Page 8 Melvin Schlotthauer, applicant, explained they plan to rear out the old abandoned house and build a new one . Tom Rulon moved Case Number USR-1025 , be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Juliette Kroekel seconded the motion. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 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. CASE NUMBER: USR-1028 APPLICANT: Victor R. and Martial L. Von Feldt REQUEST: A Site Specific Development Plan and a Special Review permit for a commercial establishment in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 12, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northeast of Weld County Roads 70 and 47 . Victor Von Feldt, applicant, explained this property was originally a 21 acre weed patch that they leveled and watered and grew crops on. He works construction out of his home. He makes and sells pre-cut buildings (pole buildings) 2 to 3 times a month. He did not realize a Use by Special Review was required. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Richard Kimmel moved Case Number USR-1028, 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. til-ht 931080 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION (`- cs, RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS' CIG Moved by Richard Kimmel that the following resolution be intt_oduC;e_d_ or..passage by the Weld County Planning Commission. Be it resolved by' the Weld 'County Planning Commission that the application for: CASE NUMBER: USR-1028 NAME: Victor and Martiel Von Feldt ADDRESS: 34030 Weld County Road 47, Eaton, CO 80615 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for a Commercial Establishment in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 12, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northeast of Weld County Roads 70 and 47. 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 of a Commercial Establishment is provided for as a Use by Special Review in the Agricultural zone district. The applicants have demonstrated an effort to conserve productive agricultural land in the locational decision for the proposed use. The present and future buildings on the proposed site are concentrated on approximately a two acre portion of the overall 21 acres. The use which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area. Surrounding land uses include agricultural production, rural residences, a dog track, Greeley Ditch #2, and oil and gas production. Conditions of Approval and Development Standards will ensure compatibility. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. 9i;b;{ 13 931080 RESOLUTION, USR-1028 Victor and Martiel Von Feldt 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 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. 3. Before the plat is recorded, the noncommercial junkyard consisting of secondhand building materials to the north of the storage and shop building shall be removed, or screened from view. 4. The application shall be amended to reflect a two acre site as stipulated on the Plat. 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. r. ed the 7t Hof Sep be , 1993. \ `• !'•` q ar`n F Secretary 931080 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Victor and Martiel Von Feldt USR-1028 1. The Site Specific Development Plan and a Use by Special Review permit is for a Commercial Establishment 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. Construction activities shall only take place within proposed or future buildings on the site. 4. The Use by Special Review permit is not intended to expand or diminish the rights of the mineral owners to develop the mineral estate. 5. Stock piles of scrap building material shall be visually screened from view from adjacent properties and road rights-of-way. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. No permanent disposal of wastes shall be permitted at this site. 8. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Health Department before the required I.S.D.S. Evaluation can be performed. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 9.31080 DEVELOPMENT STANDARDS, USR-1028 Victor and Martiel Von Feldt Page 2 15. 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. 16. 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. 17. 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. 93'1080 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Victor and Martiel Von Feldt Case Number: USR-1028 Submitted or Prepared Prior to Hearing At Hearing 1. Application 15 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 & published notice in Windsor Beacon X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Weld County Health Department referral response dated August 16, 1993 X 12. Galeton Fire Protection District referral response dated August 10, 1993 X 13. Weld County Engineering Department referral response dated August 11, 1993 X 14. Planning Commission sign posting certificate dated August 27, 1993 X 15. Planning Commission Resolution of Recommendation to the Board of County Commissioners dated September 7, 1993 X I hereby certify that the 15 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 Septe ber 15, 1993./77/Y-7 ti„,(...4-Current Plan r STATE OF COLORADO ) ) COUNTY OF WELD ) 0,rrrfarintu'irnis, 19 q� *DBSGgIBE 'AND SWORN TO BEFORE ME THIS \ day of SEAi•• 3 ••.p U E Lk CI 0 O c t„ '•.......•• ts,,, NOTARY UB ‘ ' or cOL My Commission Expires f\tO tosyt_,-i 1 c(q S 661/24/ 1 A 921,080 EXHIBIT INVENTORY CONTROL SHEET / Case USX-14,21 varr�k/thtl ii6lCTor9L/"lit'. .&( Exhibit / Submitted By Exhibit Description ti ��S/ A. //:21941/70 $67--CWith" 111'._cTrp95 Ids— B. P/ann11j bmm/,a 6fl ACeLthenef ee mine m 44,5 e• Annoy 62ninisPen71 Su ivmd// /15 Qi-ir1/i Vi7 D. dirk /3oard /V Sict 6/ feitta cd E. F. G. H. I. J. K. L. M. N. 0. P. Q• R. S. T. U. V. W. X. Y. Z. 931080 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. BOARD OF COUNTY COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # THE SIGN WAS POSTED BY: /1) Ca hH f� Uo�r I:WV 1I-- NAME OF PERSON POSTING SIGN 9 7-1 •eV '� � V e SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) nn/ ///� y,_�/gyp SUBSCRIBED AND SWORN TO ME THIS /�,- DAY OF ( / C ',l'V " ' , 19 SEAL 7^' NOTARY CA -1,-"Of MY COMMISSION EXPIRES ) - 3--7 LAST DAY TO POST SIGN IS: ACC P 2C ) (0 , 19q9. PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 931080 3:17:I�nwi tic 9F-2 COMMISSIONERS 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 BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE # U5E_- C l . THE SIGN WAS POSTED BY: C. for 4 /-ti NAME OF PERSON POSTING SIGN 'SIGNATURE OF APPLICANT STATE OF COLORADO ) : TY UBS ED AND SWORN TO BEFORE ME THIS I DAY OF U� 'aySsAL.......4j C 0 T,4 ": Y PURL C , $ ON mmIs EXPIRES (�(nr&k9h1\o , (* Li 1T;:AST,DA pFC) 01)S11416POST SIGN IS: 01)S11416c )L 19 -3 Dr COQ • 931080 recre,„ ' DEPARTMENT OF PLANNING SERVICES whpe PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO August 6, 1993 RECEIVED AUG 06A1993 NUMBER: USR-1028 TO WHOM IT MAY CONCERN: Enclosed is an application from Victor R. and Martiel L. Vonfeldt for a Site Specific Development Plan and a Special Review permit for a commercial establishment in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 of Section 12, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is northeast of Weld County Road 70 and 47 . 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 20, 1993 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, 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. .P/lease refer to the enclosed letter. �y N/� Signed: nc.4 ante( Agency: �j4�� / �i��k�i�i'j5/^i'.� Date: B- q - G3 (/ 931080 �(„0„, mEmoRAnDum WIIDcieg Thompson, Current Planner Date August 11, 1993 COLORADO FmMonald Carroll, Administrative Manager subjeot:Victor R. Vonfeldt, USR-1028 I visited the site at Weld County Roads 47 and 70. This site is an existing facility. The access is good and storm water appears to run back into the field and not into the county road. I have reviewed the application and find no conflict. prvonfel.mrw cc: Commissioner Baxter Planning Referral File - Victor R. Vonfeldt, USR-1028 AUG 1 1 1993 Weld o Planning 'rt.; n80 tt DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WlipC. 1400 N 17TH AVENUE GREELEY, COLORADO 80631 COLORADO August 6, 1993 CASE NUMBER: USR-1028 TO WHOM IT MAY CONCERN: Enclosed is an application from Victor R. and Martiel L. Vonfeldt for a Site Specific Development Plan and a Special Review permit for a commercial establishment in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 of Section 12, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is northeast of Weld County Road 70 and 47. 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 20, 1993 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, 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. X, 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. M Please refer to the enclosed letter. �/ Signed: an:a, , Agency: ICJ@ljJ)-n.. rno P urnP Date: t-10 - ?3 p AUG 1 2 1993 "WO r-"MY Planolip_ 9 ot`� mEmORAnDUm WIIID O . Greg Thompson To Weld County Planning Date August 16, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Heal Subject: Case Number: USR-1028 Name: Vonfeldt, Victor & Martiel Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. Fugitive dust shall be controlled on this site. 5. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 6. The existing septic system is required to be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to this Division, before the required I.S.D.S. Evaluation can be performed. JSP/cs-1592 otC IVE 11 AUG 1 9 1993 Weld P^nnty Planning 931080 FIELD CHECK FILING NUMBER: USR-1028 DATE OF INSPECTION: August 24, 1993 APPLICANT'S NAME: Victor R. and Martiel L. VonFeldt REQUEST: A Site Specific Development Plan and a Special Review permit for a commercial establishment in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 12, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northeast of Weld County Roads 70 and 47. LAND USE: N Rural residences, agricultural production. E Pasture, oil and gas production, ditch. S Rural residences, agricultural production, dog track. W Rural residences, pasture, agricultural production, oil and gas production. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The topography slopes slightly to the east. There is 1 horse, oil and gas production, and agricultural production on-site. The buildings are according to the plat. Weld County Roads 70 and 47 are gravel surfaced. There is a noncommercial junkyard consisting of secondhand building materials to the north of the large building. G '! Greg Thompson, Current Planner 931080 LAND-USE APPLICATION SUMMARY SHEET Date: September 7, 1993 CASE NUMBER: USR-1028 NAME: Victor R. and Martiel L. Vonfeldt ADDRESS: 34030 Weld County Road 47, Eaton, CO 80615 REQUEST: A Site Specific Development Plan and a Special Review permit for a commercial establishment in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 12, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northeast of Weld County Road 70 and Weld County Road 47. SIZE OF PARCEL: 21 acres, more or less, but permitting approximately 2. 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. Weld County Health Department 2. Galeton Fire Protection District 3. Weld County Engineering Department The Department of Planning Services' staff has not received referral responses from: 1. Greeley Ditch #2 2. Greeley Soil Conservation District The Department of Planning Services' staff has not received any objections from surrounding property owners as of August 31, 1993. This case is presently operating as a zoning violation. The Use by Special Review is an attempt to come into compliance. 931089 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-1028 for Victor and Martiel Von Feldt in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 9th day of August, 1993. C I " 931080 SURROUNDING PROPERTY ONWERS AND/OR INTEREST OWNERS/MINERALS AND/OR SUBSURFACE ESTATE Victor R. and Martiel L. Von Feldt USR-1028 Helen C. McCoy and Larry M. & Jeanne Powell 22799 Weld County Road 70 Eaton, CO 80615 Catherine R. Vannoy P.O. Box 2241 Greeley, CO 80632 Michael W. Armstrong and Peggy L. Allsup 22881 Weld County Road 70 Eaton, CO 80615 John W. Deanna M. Morris P.O. Box 2056 Eaton, CO 80615 Catherine R. Vannoy P.O. Box 2241 Greeley, CO 80632 Raymond E. and Gary G. Ferguson 34294 Weld County Road 47 Eaton, CO 80615 Tollgate Farms, Inc. 179 S. Monroe Street Denver, CO 80209 Leslie E. and Joan M. Peterson 19882 Highway 392 Greeley, CO 80631 Melvin and Imogene Bickling 21586 Highway 392 Greeley, CO 80631 Roy and Betty Lewis 23038 Weld County Road 70 Eaton, CO 80615 931080 SURROUNDING PROPERTY ONWERS AND/OR INTEREST OWNERS/MINERALS AND/OR SUBSURFACE ESTATE Victor R. and Martiel L. Von Feldt USR-1028 - Page 2 Earl A. Anderson 23070 Weld County Road 70 Eaton, CO 80615 Victor R. and Martiel L. Vonfeldt 2224 2nd Street Greeley, CO 80631 The Order of the Holy Family, a Colorado non-profit Corporation Abbott Joh Aidan 1204 Galisteo Parkway Santa Fe, NM 87501 Ava E. Rose and June R. Aylsworth f.0, 6 e Li Lucerne, CO 80646 931080 Asti: DEPARTMENT OF PLANNING SERVICES WIER PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. O17RAAVENUEO631 COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, September 7, 1993, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Victor R. and Martiel L. Vonfeldt LEGAL DESCRIPTION: Part of the SW4 of Section 12, T6N, R65W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Commercial Establishment. LOCATION: Northeast of Weld County Road 70 and 47. SIZE: 1 acre, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on September 7, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time/by ugust 12, 1993 Received by: /7/4 Gi . Date: 931082) The Meld County Parana Ceaunisslon will hew a pale hewing on Tuesday, AFFIDAVIT OF PUBLICATION pprember 7, INS, at 110 pa.for the purpee STATE OF COLORADO e l enddertng a Site Ilea Deelopmprt Plan ss and a Special Review COUNTY OF WELD permit for the property deembed bebw.Approval d the request may arse* I, KEITH HANSEN, of said County of Weld, being duly a vested property right sworn, say that I am publisher of peaua to Colorado Law. APPLICANT:Victor R.and WINDSOR BEACON Manes L Vordeldt LEGAL DESCRIPTION: a weekly newspaper having a general circulation in said M of to SW4 of Section County and State, published in the town of WINDSOR, 12,MN,RISW d the em in said County and State; and that the notice, of which P.M., Weld County, the annexed is a true copy, has been published in said CeirMo. weekly for__ _successive weeks, that the notice TYPE AND INTENSITY was published in the regular and entire issue of every OF PROPOSED USE: number of the paper during the period and time of Commercial publication, and in the newspaper proper and not in a Establishment. supplement, and that the first publication of said notice LOCATION:Northeast of was in said paper bearing the date of the Weld County Road 70 end 47. /92--11 //''day of ,ua , A.D., 19`73 and WE:1 sore,more or lees the last publication be ng the date of the The public hearing sill be day of A.D., 19_ and held in the Weld County Cemmissloners'Hearing that the said WINDSOR BEACON has been published Reset, First Floor,Weld continuously and uninterruptedly for the period of 5 Cary Centennial finer, consecutive weeks, in said County and State, prior to the Col rado Street,Greeley, Colorado.Comments or date of first publication of said notice, and the same is a Me eldeaions related to the newspaper within the meaning of an Act to regulate neve request should be printing of legal notices an advertisements, approved WeldWelted n voting to the May 18, 1931, and all prior is r as in force. Weil County Department el pawning Service,1400 N. 17th Avenue,Greeley, CebrM 1x001,Wore the above rate or presented in the public P LISHER herby en Hapemleer 7, • — Subscri and sworn to before me this /7 tX day Gelsd the epplioaden of ,fr 19 V. ere available for public Inspection in ..the Department of Planning NOTARY PUBLIC Senibes, 1400 N. 17th Meet Geelay,Cobra* 11st-SOW-Phonean-.8594141, My commission expires 2I /C 9 c . Ererwbn 3540. Judy Yamaguehl, Cheyperson,Weld County Plowed Commission PSIS'Iti the Wires; Nesen en Arend 12. te0/. 1 AUG 3 0 1993 L .V-r-°m ---rNanning 931089 LI ,a p°k1n H xx xa\ xf 30 F 21 » xa 25 � n n _ • • __ e •e ae ••.o • �Mr.+avr \ � Pi II r • • I \ 55 6t F Si oz 5. » N. •e ••°a •° •a •• •••. . eu yt — r _ • O , r., 1 ° 0 ( w I • .11 3 :y 1 \ U is 9 \': °: 00 , RE• •Ir ' • • „ • ,• moo/ i .c., • e: " ..: w ° D I _ .I ••-'' LONG , I 1\ _ .• ° • �_° ° =e e l 7 1 •1' 25 I. i • e/so • x ,°\ xe •� v . x 4 ,oI n ! n I1Oy.._ : _' I '• �1 I�a lu ,1 a I 53 '; \33 ;: >. )> ]. 1 ' 33 • 33_,) \ L ...... • . ... 1.• ,rat �,��\i2 't ---•° 4 ! • e.r.n d. • 5 . - 1 . �'® ° . 1 L '°° atZ2;LoR1 , 1 •5 / ,o _ ,IL4 i `�• L:z' • .7-----. � 5 5♦ u 1 5 •I u oe .. 3 . FAA - Vail • •. - ••• • • . \ „ ^'! ‘-/I f v ; xo z. zx /p/. va !•c :. :! m . a U U0.' 1. ..Y '.Ce•'!" © . • P' .! �sr v .f� • ! N/ON Po • iL • ••a. • !u • • w GILL �• o a so r I� •J �.) 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M . _ • .. • +nCtSty N' ' • n''`••J:Y .:t'.: • • (t DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAO AVENUE COLORADO 80631 COLORADO DATE: August 6, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1028 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: Victor R. and Martiel L. Vonfeldt FOR: A Site Specific Development Plan and a Special Review permit for a commercial establishment in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 12, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northeast of Weld County Road 70 and 47. 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 Greg Thompson, Current Planner. 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. 91089 DATE: September 7, 1993 CASE NUMBER: USR-1028 NAME: Victor and Martiel Von Feldt ADDRESS: 34030 Weld County Road 47, Eaton, CO 80615 REQUEST: A Site Specific Development Plan and a Use by Special Review permit for a Commercial Establishment in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 12, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Northeast of Weld County Roads 70 and 47. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposed use of a Commercial Establishment is provided for as a Use by Special Review in the Agricultural zone district. The applicants have demonstrated an effort to conserve productive agricultural land in the locational decision for the proposed use. The present and future buildings on the proposed site are concentrated on approximately a two acre portion of the overall 21 acres. The use which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area. Surrounding land uses include agricultural production, rural residences, a dog track, Greeley Ditch #2, and oil and gas production. Conditions of Approval and Development Standards will ensure compatibility. No overlay districts affect the site. 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. 931080 RECOMMENDATION, USR-1028 Victor and Martiel Von Feldt Page 2 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. 3. Before the plat is recorded, the noncommercial junkyard consisting of secondhand building materials to the north of the storage and shop building shall be removed, or screened from view. 4. The application shall be amended to reflect a two acre site as stipulated on the Plat. 931080 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Victor and Martiel Von Feldt USR-1028 1. The Site Specific Development Plan and a Use by Special Review permit is for a Commercial Establishment 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. Construction activities shall only take place within proposed or future buildings on the site. 4. The Use by Special Review permit is not intended to expand or diminish the rights of the mineral owners to develop the mineral estate. 5. Stock piles of scrap building material shall be visually screened from view from adjacent properties and road rights-of-way. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. No permanent disposal of wastes shall be permitted at this site. 8. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Health Department before the required I.S.D.S. Evaluation can be performed. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 933.080 DEVELOPMENT STANDARDS, USR-1028 Victor and Martiel Von Feldt Page 2 15. 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. 16. 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. 17. 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. 9?1089 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3645, EXT. 3540 WI DWELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N. ORAAVENUEO631 GREELEY, COLORADO80631 COLORADO August 6, 1993 Victor R. and Martiel L. Vonfeldt 34030 Weld County Road 47 Eaton, CO 80615 Subject: USR-1028 - Request for a Site Specific Development Plan and a Special Review permit for a commercial establishment in the A (Agricultural) zone district on a parcel of land described as part of the SW4 of Section 12, T6N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Vonfeldt: 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 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 23, 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. 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. 931089 Victor and Martiel \ feldt Page 2 If you have any questions concerning this matter, please feel free to call me. Resyplectfully, IC/lite?' vi Greg Thompson Current Planner 931080 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO August 6, 1993 CASE NUMBER: USR-1028 TO WHOM IT MAY CONCERN: Enclosed is an application from Victor R. and Martiel L. Vonfeldt for a Site Specific Development Plan and a Special Review permit for a commercial establishment in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 of Section 12, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is northeast of Weld County Road 70 and 47. 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 20, 1993 so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, 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. Please refer to the enclosed letter. Signed: Agency: Date: 931089 REFERRAL LIST NAME: Victor and Martiel Vonfeldt CASE NUMBER: USR-1028 REFERRALS SENT: August 6, 1993 REFERRALS TO BE RECEIVED BY: August 20, 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 Historical Society _ _ Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission _Kersey 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 X Galeton F-6 Pierce Hudson F-7 _ _ Platteville 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 US Army Corps of Engineers _ ----Wiggins 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. Fort Collins _ Tri-Area Planning Commission X Greeley X Greeley Ditch #2 Longmont Cache La Poudre Irrigating Co. West Adams 33040 RR Avenue P.O. Box 104 COMMISSION/BOARD MEMBER Lucerne, CO 80646 921 OHO USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checicd by Mylar plat submitted Application Fee 12OO.on Receipt Number IC 351 Recording Fee Receipt Number IQ 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: S• 10. COnpQ Section /oZ T N, R (O 5 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: S IA) CDR Section /o? T N, R t 5 W Property Address (if available) 3A/o3n L.0C-R LI 7 EATOA) Co $O&/S PRESENT ZONE AA, r^/eta+kre_ OVERLAY ZONES NONE TOTAL ACREAGE Q oI / PROPOSED LAND USE con)STRkc-rr/MI CD A & 1 ON ONE AeR � EXISTING LAND USE 19GRI ,Cu.C.TcKE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Vitr. R . f 1 ART-I C L, LJONFELAT Address: 3q03O LJCR '`/ 7 City EATON C o Zip $O(v/5 Home Telephone # 3 5(o - 9 `/7 el Business Telephone # Name: Address: City Zip Home Telephone 1/ Business Telephone // APPLICANT OR AUTHORIZED AGENT Lif different than above) : Name: SEE AT7-AC /!ED .LLsr 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 application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature: Owner Authorized Agentttit,R<_ Subscribed and sworn to before me this& day of ,z /77 NOTARY PUBLIC My Commission Expires My commission expires SEPTEMBER 21,1995 TI:: of t1 , Oci t i s to tc _ d ansU _ ctIon C0T^ice i_y .. _.. 1.E7 iic bi-,0-1- _ ._ �1 _ ,_ ._ ,,. , .' 1 '_ l.niiir;, out of the w_.a tilt c. Tliese rfia ter'al , icia, ❑de concrete ,_OTTri6 , sea !:il.., a , 1.:11 lur'lb er, nail and -i ny type of f `i _er1d.1E:' used on1 the [jOh . _1 SO4 the bU11:11Y1aa wul'u pray i 12 a. ItU ace to p.aru a. t _ , on .. -.ruck and dOOid ,.P.1C'r, we u6C to ilfl the exE `"'1CUZLure b1ai lid in a::S . tie also need a r,-1.a c e we can use if necessary to build prefab LaI) 1. ucscc we use on our can build ings duduich we sell . In the past the truss ti I its we have used have none out of business nalclug us rely on other plants that don' t give us as E.00i a. price as de need . ,They have a tend E no:.; to double the price on us Maki ng it impossible to sell the bu 1. C in{&E: di Lh any prof"mot . 'We need a pia CO to protect us from this so_t of cries gouLidid. Cur ai ': is to produce and sell the best ' ui1 .i;a for tht.. mone.y that you can buy . ',.le ae eci_ y cater to t1 e a-. . icuiture cu0tc ,er. We a , so need e place -::here can pro cut n t ,rials fo,r a ?;uiiding. that is a lone o ; ... cu ch as 'JJvonm , _a stlo sock , Winarnreen , dst s Parr , et 0 . In order. t0 say e na to ra I resour.°a a mdch ; a f and ;. Maher, ',vs pre-cu t to . 1 MOTO -.Clop o -. C%Ll i.; crGE _ much road t . _ . ( t,t='yell L.=) &.n". 1 .> _ 'no C. .a orb; on our -oar t to I ai:- the cost of our prodeo: J o aer priced >, our cu s toner. xist in:L. Cusea c- surrounding pcc parties include a d'ag ken , a commercial, -dr 1njne track , a.c.ricultural and r_sider:tia1 structure s for peopl e ;;ha lire on. forms , and farms . Mobil a homes oxist both _, r `t, Sou i and ;ect of our. -ict2 or.ert; . file _ ,.t ncid Pram re s id en t i.E_ structures dr.` 7a ey.ce5. cf 5:"' ' pJii a . r I'C' Ili)s a f o „ a e t to . . _.tl. an; tho a out h the e is adrjoradx i- i 'l-v 4H.20' F ..._ or rui.1)1)C . h ., ,'ti Ile h„ina Le the eat he t..1 E. reeved 1.-n (0:01 ] . spin OXima t sTu 15t ' a nd they kne w.ha t .or r hip, hr1 - ^,-t a.. _0n .•h"'Y7 thny i0+)' >_. the ir _ , [ 1. ,r home 1L 1 ' ifr0*: �._ bu ila inE Uny .,_ ,c which m i ph .. he maid ou be co rtta ir.ec i r. the bu1IC- indg ex c a pt t'or The staff -ni;s of i r'.a pi ab'a r: or tru c'':,_ . The max.inum no . of rcoTai e .noun :..cu or _ a.t a time . Haat buil ding.s. are _o Le J 01) rite 7f.i occasion/911J a auy ,:r tdigT ., cone. to se a our JL Lu 1r.f s . it:....: Yll7mbar a f enTiloye3E. ..tic,..!_.. be 1 OL ? uaiYita ;, few h..Ul :a a :!-` 11 tne are cut "lea r, Iral,- JH . z h0U . .,_ . t;. 5 ;1.0 . 1. 1 :,'L ,..?T' r ,r_cH in !for- _,orth ca „ ...sitar . .docunant is � Ic ored . r„ 5 1089 9- The type of vehicular traffic would be 1 or 2 pickups, a single axle truck and a 3-axle gooseneck trailer. The trailer would be a once or twice a week trip . However, twice-a-day trips may happen when moving materials to the job site . It is also possible that a semi-load of materials would be purchased and brought to the building but this would happen on the average of no more than every 3-4 months . Semi-truck traffic already exists on this road daily and this should not cause any additional road hazards. My office is in my home so sewer system and bathroom facilities are available there . The proposed Fire Protection would come from Galeton,C0 which is 3 miles away . I have 21 acres of land and at sometime may want to raise up to 50 calves, and may want to keep a couple of horses . Any manure generated will be used as fertilizer on the farm ground . Powever, only 1 acre will be set aside and used for the special permit . The balance will remain as agriculture use . The type and Fi ze of any waste will be minimal because trash is and will be picked up on a weekly or hi-monthly basis . fasts, lumber will be stockpiled for home use such as a wood stove for beat . Stock piles of building materials will consist of ' C-15 bunks of material which would cover an area approximately 5-'x50' . However, most of the material will be stored inside the building for protection from the weather and from theft . The type of storm ;rater retention facilities associated with the proposed use will not be needed since it will drain out onto the farm. This business does not produce any toxic waste so will not contaminate any farm land around it . time schedule or method of debris removal is once ek or ti—monthly 5y a lorintercal Carrier. _rosion control uculd be road base coveringthis traffic areas . landscaping, including trces , ara - s , ana shrubs l surround the home and ousino, s areas . :caul be no reclamation proce- uras hacause ,hc soi would not 50 put back to the original state , but wo'u_ _ remain as ,yarn and building space . 971089 J Start up time would not be an issue because it is an on-going business . Approximately S0;d of the use of the products we build and sell are for Agricultural use . ;e buy and sell grain bins for grain storage , flat storage for grain, barns for livestock and machinery shops. ;e do from time to time build commercial buildings and garages for home owners. do prime agricultural land will be lost from the placement of this building. There would be no health, pollution, or noise danger to the existing neighbors or farms. All normal safety measures are being observed . There is no equipment or activities that are different in use from any of the neighbors, or the county . The surrounding land uses include farm land , commercial dog train- ing track , kennel dog farm, trailer homes and waste land . As I understand the comprehensive plan of the County, this area is to basically remain farm land . However, some tracts of land have been broken off into smaller parcels with the water being sold off, making farming impossible except dry-land farming. A small business such as mine would cause no harm to the county plan, but to improve and enhance the community . The parcel of land that we purchased had not been farmed for 10 years and was a bed for weeds only . As are not in a flood plane, geological hazard , or airport over- laying district area . Je have '_;orth :field ';rater for drinking water. Document is included . As far as the noise is concerned we would be working between 7: 00 Mi to 6: 30 PN' working on the place and most of the noise would be con- fined in the building. 9:-A089 G. Oft, __ . ,- S { to —� in W ®� . 4T > w+ N f motto ? a a r m � � "• y�•- -rvtrSa^i c 4j c*�-: �N ,�': ,fie • i._ _ . 1 T..t•" T'Fsr-. 1 r,`3 /f. Z r� . .:+ eti' ry�ac FFFh^^»JJ 1� to 1 t z yin 1 F �-a'Vv Y t 3 r x s _Al'. + ' ice ~ . F *a Jal`4ha, t ic., -- , _7t .? *4-c.r.7.... ! � - N 'G2Y�+ ' -`�t • -r.• Kr � ; 'a 7� }rX"l"'� _/r}" r ."f 9,. . ° �, y�+y y 3 y4a'i 1/4 N +t`{ . { 1 v* L� y i 6 y{ • ! .- �t �TT�______S‘--_ :.....s..4:17,-2"...'-‘'1, Ty Hyr C 1,,L17;44 /11 j At r— ,w_ . lJ (' N. .✓�L^.. 3l , ..aL.Ji.`y.+ Tit E �` '� t �i !� ,�4 '4q��4m�tzrr < { W`;`, rn. .'r- 4 ` ' .t„ _ +7 GYP , .,,,,,. 8 J7f µ ': .� el, a✓ %:w ry c“ -4 „ Y a t'ti . �/" ,t 4tt . yag,.'°"w� ck. . • t y t it wi l ;rr 4,T.,-,+ Y �b,Y :- • %a2� rs`a T`.a ��, : w d J;. a k.M }, ;ecr t 1 ¢ r ,a 'may ' „ r /� ...74 .i ,.. • t 4 • ..'!]f 4` } 41:—„',„..„,, ".2.-1•F aY i' a J FW sr� � lrv. •�n� rse , .`t �i ! ` `t °rt�FY;. `�K T y. 1 > +! fir,." y � ._ U a ,` `.- � a f a� Ju y,�-� • jt :'i yrA 07 .�i.� { +f�"y{i -- --_,,i-.2 P4 co Ci p i q • p i ` ( et4 f vy e.ii_ t1 -,----1%_ ,--_. . \lil y . i T 1� r a r.1.1, --�- :t w�fy4 Y Q p 1 rl j yR a 1.1:11:1. �F _44 .` 1,-7/131:11•114(•-,t‘ •.-41.4.44 t. t l s...i is e t 2. . .A" i�uiv k + Tcli --+.-a 1+ _a °� moo.:': v PI 1334 000 020 24 SOIL SURVEY or drilled into a firm, clean sorghum stubble. Seeding tivating only in the tree row and by leaving a strip of early in spring has proven most successful. Brush. vegetation between the rows. Supplemental irrigation management can also help to improve deteriorated range. may be needed at the time of planting and during dry Windbreaks and environmental plantings are fairly well periods. Trees that are best suited and have good survival suited to this soil. Blowing sand and low available water are Rocky Mountain juniper, eastern redcedar, ponderosa capacity are the principal hazards in establishing trees pine, Siberian elm, Russian-olive, and hackberry. The and shrubs. This soil is so loose that trees should be shrubs best suited are skunkbush sumac, lilac, and Siberi- planted in shallow furrows, and vegetation is needed an peashrub. between the rows. Supplemental irrigation may be needed Wildlife is an important secondary use of this soil. to insure survival. Trees that are best suited and have Ring-necked pheasant, mourning dove, and many non- good survival are Rocky Mountain juniper, eastern game species can be attracted by establishing areas for redcedar, ponderosa pine, and Siberian elm. The shrubs nesting and escape cover. For pheasants, undisturbed best suited are skunkbush sumac, lilac, and Siberian nesting cover is essential and should be included in plans peashrub. for habitat development, especially in areas of intensive Wildlife is an important secondary use of this soil. The agriculture. cropland areas provide favorable habitat for ring-necked Rapid expansion of Greeley and the surrounding area pheasant and mourning dove. Many nongame species can has resulted in urbanization of much of this Otero soil. be attracted by establishing areas for nesting and escape This soil has excellent potential for urban and recrea- cover. For pheasants, undisturbed nesting cover is essen- tional development. The only limiting feature is the tial and should be included in plans for habitat develop- moderately rapid permeability in the substratum, which ment, especially in areas of intensive agriculture. Range- causes a hazard of ground water contamination from land wildlife, for example, the pronghorn antelope, can be sewage lagoons. Lawns, shrubs, and trees grow well. attracted by developing livestock watering facilities, Capability subclass IIs irrigated. managing livestock grazing, and reseeding where needed. 51—Otero sandy loam, 1 to 3 percent slopes. This is a Few areas of this soil are in major growth and ur- deep, well drained soil on plains at elevations of 4,700 to banized centers. The chief limiting feature is the rapid 5,250 feet. It formed in mixed outwash and eolian permeability in the substratum, whien causes a hazard of deposits. Included in mapping are small areas of soils that ground water contamination from seepage. Potential for have loam and clay loam underlying material. recreation is poor because of the sandy surface layer. Typically the surface layer is brown sandy loam about Capability subclass IVe irrigated, VIe nonirrigated; Deep 12 inches thick. The underlying material to a depth of 60 Sand range site. inches is pale brown calcareous fine sandy loam. 50—Otero sandy loam, 0 to 1 percent slopes. This is a Permeability is rapid. Available water capacity is deep, well drained soil on smooth plains at elevations of moderate. The effective rooting depth is 60 inches or 4,700 to 5,250 feet. It formed in mixed outwash and eolian more. Surface runoff is slow, and the erosion hazard is deposits. Included in mapping are small areas of soils that low. have loam and clay loam underlying material. This soil is used almost entirely for irrigated crops. It Typically the surface layer is brown sandy loam about is suited to all crops commonly grown in the area. Land 12 inches thick. The underlying material to a depth of 60 leveling, ditch lining, and installing pipelines may be inches is pale brown calcareous fine sandy loam. needed for proper water application. Permeability is rapid. Available water capacity is All methods of irrigation are suitable, but furrow ir- moderate. The effective rooting depth is 60 inches or rigation is the most common. Barnyard manure and com- more. Surface runoff is slow, and the erosion hazard is mercial fertilizer are needed for top yields. low. In nonirrigated areas this soil is suited to winter wheat, This soil is used almost entirely for irrigated crops. It barley, and sorghum. Most of the acreage is planted to is suited to all crops commonly grown in the area, includ- winter wheat. The predicted average yield is 28 bushels ing corn, sugar beets, beans, alfalfa, small grain, potatoes, per acre. The soil is summer fallowed in alternate years and onions. An example of,a suitable cropping system is 3 to allow moisture accumulation. Generally precipitaiton is to 4 years of alfalfa followed by corn, corn for silage, too low for beneficial use of fertilizer. sugar beets, small grain, or beans. Generally, such charac- Stubble mulch farming, striperopping, and minimum til- teristics as a high clay content or a rapidly permeable lage are needed to control water erosion. Terracing also substratum slightly restrict some crops. may be needed to control water erosion. All methods of irrigation are suitable, but furrow ir- The potential native vegetation on this range site is rigation is the most common. Proper irrigation water dominated by sand bluestem, sand reedgrass, and blue management is essential. Barnyard manure and commer- grama. Needleandthread, switchgrass, sideoats grama, cial fertilizer are needed for top yields. and western wheatgrass are also prominent. Potential Windbreaks and environmental plantings are generally production ranges from 2,200 pounds per acre in favora- suited to this soil. Soil blowing, the principal hazard in ble years to 1,800 pounds in unfavorable years. As range establishing trees and shrubs, can be controlled by cul- condition deteriorates, the sand bluestem, sand reedgrass, 971.089 .,D COUNTY, COLORADO, SOUTHERN PAR'. 35 and switchgrass decrease and blue grama, sand dropseed, should be grown at least 50 percent of the time. Contour and sand sage increase. Annual weeds and grasses invade ditches and corrugations can be used in irrigating close the site as range condition becomes poorer. grown crops and pasture. Furrows, contour furrows, and Management of vegetation on this soil should be based cross slope furrows are suitable for row crops. Sprinkler on taking half and leaving half of the total annual produc- irrigation is also desirable. Keeping tillage to a minimum tion. Seeding is desirable if the range is in poor condition. and utilizing crop residue help to control erosion. Main- Sand bluestem, sand reedgrass, switchgrass, sideoats taming fertility is important. Crops respond to applica- grama, blue grama, pubescent wheatgrass, and crested tions of phosphorus and nitrogen. wheatgrass are suitable for seeding. The grass selected The potential native vegetation on this site is should meet the seasonal requirements of livestock. It can dominated by sand bluestem, sand reedgrass, and blue be seeded into a clean, firm stubble, or it can be drilled grama. Needleandthread, switchgrass, sideoats grama, into a firm prepared seedbed. Seeding early in spring has and western wheatgrass are also prominent. Potential proven most successful. production ranges from 2,200 pounds per acre in favora- Windbreaks and environmental plantings are generally ble years to 1,800 pounds in unfavorable years. As range suited to this soil. Soil blowing, the principal hazard in condition deteriorates, the sand bluestem, sand reedgrass, establishing trees and shrubs, can be controlled by cul- and switchgrass decrease, and blue grama, sand dropseed, tivating only in the tree row and by leaving a strip of and sand sage increase. Annual weeds and grasses invade vegetation between the rows. Supplemental irrigation the site as range condition becomes poorer. may be needed at the time of planting and during dry Management of vegetation on this soil should be based periods. Trees that are best suited and have good survival on taking half and leaving half of the total annual produc- are Rocky Mountain juniper, eastern redcedar, ponderosa tion. Seeding is desirable if the range is in poor condition. pine, Siberian elm, Russian-olive, and hackberry. The Sand bluestem, sand reedgrass, switchgrass, sideoats shrubs best suited are skunkbush sumac, lilac, and Siberi- grama, blue grama, pubescent wheatgrass, and crested an peashrub. wheatgrass are suitable for seeding. The grass selected Wildlife is an important secondary use of this soil. should meet the seasonal requirements of livestock. It can Ring-necked pheasant, mourning dove, and many non- be seeded into a clean, firm sorghum stubble, or it can be game species can be attracted by establishing areas for drilled into a firm prepared seedbed. Seeding early in nesting and escape cover. For pheasants, undisturbed spring has proven most successful. nesting cover is essential and should be included in plans Windbreaks and environmental plantings are generally for habitat development, especially in areas of intensive suited to this soil. Soil blowing, the principal hazard in agriculture. establishing trees and shrubs, can be controlled by cul- Rapid expansion of Greeley and the surrounding area tivating only in the tree row and by leaving a strip of has resulted in urbanization of much of this Otero soil. vegetation between the rows. Supplemental irrigation This soil has excellent potential for urban and recrea- may be needed at the time of planting and during dry tional development. The only limiting feature is the periods. Trees that are best suited and have good survival moderately rapid permeability in the substratum, which are Rocky Mountain juniper, eastern redcedar, ponderosa causes a hazard of ground water contamination from pine, Siberian elm, Russian-olive, and hackberry. The sewage lagoons. Lawns, shrubs, and trees grow well. shrubs best suited are skunkbush sumac, lilac, and Siberi- Capability subclass Ole irrigated, IVe nonirrigated; an peashrub. Sandy Plains range site. Wildlife is an important secondary use of this soil. 52—Otero sandy loam, 3 to 5 percent slopes. This is a Ring-necked pheasant, mourning dove, and many non- deep, well drained soil on plains at elevations of 4,700 to game species can be attracted by establishing areas for 5,250 feet. It formed in mixed outwash and eolian nesting and escape cover. For pheasants, undisturbed deposits. Included in mapping are small areas of soils that nesting cover is essential and should be included in plans have loam and clay loam underlying material. Also in- for habitat development, especially in areas of intensive eluded are small areas of soils that have sandstone and agriculture. shale within a depth of 60 inches. Rapid expansion of Greeley and the surrounding area Typically the surface layer of this Otero soil is brown has resulted in urbanization of much of this Otero soil. sandy loam about 10 inches thick. The underlying material The soil has excellent potential for urban and recreational to a depth of 60 inches is pale brown calcareous fine development. The only limiting feature is the moderately sandy loam. rapid permeability in the substratum, which causes a Permeability is rapid. Available water capacity is hazard of ground water contamination from sewage moderate. The effective rooting depth is 60 inches or lagoons. Lawns, shrubs, and trees grow well. Capability more. Surface runoff is medium, and the erosion hazard is subclass life irrigated, VIe nonirrigated; Sandy Plains low. range site. This soil is used almost entirely for irrigated crops. It 53—Otero sandy loam, 5 to 9 percent slopes. This is a is suited to the crops commonly grown in the area. deep, well drained soil on plains at elevations of 4,700 to Perennial grasses and alfalfa or close growing crops 5,250 feet. It formed in mixed outwash and eolian •7i 0S9 B 1074 REC 02014561 06/24/85 15: 25 $6 .00 1/002 ARdO14561 _ F 0324 T 2Y ANN FEUERSTEIN CLERK & CORDER WELD CO, CO c Q-`Warragjy6Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property")from the individual(s).corporation(s),partnership(s),or otherentity(ies)named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay (2)any easements and rights-of-way shown of record (3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty Exceptions". The Specific Terms of This Deed Are: Grantor: (Give name(s)and place(s)of residence:if the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify grantors as husband and wife.) JAMES A. FERGUSON AND BARBARA J. FERGUSON Grantee: (Give name(s) and address(es):statement of address,including available road or street number, is required.) VICTOR R. VONFELDT AND MARTIEL L. VONFELDT Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below.) State ""IV 6 t4 tjyyr�g(� pry Dote JOINT TENANTS Property Description: (Include county and state.) $ LOT A OF RECORDED EXEMPTION NO. 0803-12-3-RE706, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH P.M. , AS PER THE MAP RECORDED DECEMBER 3 , 1984 IN BOOK 1051 AS RECEPTION NO. 1990516. Weld County, Colorado. together with an easement for ditch purposes. Said easement being specifically described in Exhibit "A" attached hereto. Property Address: VACANT LAND Consideration: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is O identified as a gift. in any case this conveyance is absolute, final and unconditional) I F r el5 TWENTY SEVEN THOUSAND FIVE HUNDRED AND 00/100 Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns,or if the GRANTOR is restricting the GRANTEE'S right in the property, make appropriate indication) D m m n O Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.) 5 m c 3 O Executed by the Grantor on JJ1NF 91 . 1985 — . 19 Signature Clause for Corporation,Partnership or Association: ,q Signature Clause for Individual(s): natU Name of Grantor: Corporation,Partnership or Association Grantor J ES A. FERGUS By Grantor By Grantor Attest: BARBARA J. FERGUSON STATE OF COLORADO ss. COUN • D 1 RI" x etas acknowledged before me this 21st day of JUNE • 19 85 dot ` USON AND BARBARA J. FERGUSON ' FS qty f' Eseal. -. -tom ipWfone.direa, �� 1OBER 20 , 1985 �"nonip).' .e-t •f Notary Public STATE OF CJ % i COUNTY jdd�`\ O/ ) 56' 1221 8TH AVE. , GREELEY, CO. pp� The foregoing insbumppt was acknowledged before me this day of . 19 By• (•name individual Grantor(s)or if Grantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretary or assistant secretary of corporation;or as partner(s)of partnership;or as authorized member(s)of association.) WITNESS my hand and official seal. My commission ecpires: Notary Public c 1981 UPDATE LEGAL FORMS NO.201 P.O.Box 1815-Greeley, Colorado 80632 /j Q/�� (303)356-6380 9-.:'1.\7�s1) B 1074 REC 02014561 06/24/85 15: 25 $6. 00 CO,2/ CO 2/002 F 0325 MP ANN FEUERSTEIN CLERK & RF MIDER EASEMENT DESCRIPTION A ditch easement , ten ( 10 . 00) feet in width , located in the Southwest Quarter (SW1) of Section 12 , Township 6 North , Range 65 West of the 6th Principal Meridian , Weld County , Colorado , being more particularly described as follows : Beginning at the Southwest Corner (SW Cor) of said Section 12 and considering the West line of Section 12 as bearing North 00°45 ' 10" West with all other bearings contained herein relative thereto ; thence North 00°45 ' 10" West along said West line , 2202 . 07 feet to the Northwest Corner (NW Cor) of Lot "B" described in Recorded Exemption No . 706 ; thence South 89°46 ' 16" East , 30 . 00 feet to the TRUE POINT OF BEGINNING of said easement. Thence South 89°46 ' 16" East , 10 . 00 feet along the North line of said Lot "B" ; thence South 00°45 ' 10" East , 990.39 feet to the South line of said Lot "B" ; thence South 89°14 ' 50" West . 10 . 00 feet along said South line ; thence North 00°45 ' 10" West , 990.56 feet along the East right-of- way line of Weld County Road 47 to the TRUE POINT OF BEGINNING. SURVEYOR' S CERTIFICATE I hereby certify that I have prepared this legal description . J _ . . r Co or f3 P. E . & L ,�,. "44392 •, 4392 - ate X 7 77. , .,L is eNrE¢ 0 . ?o Jctt,' 9:1_0H7 BOARD OF DIRECTORS ^ '^ �� • ERNEST TIGGES - 4 NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS / P,. v HIGHWAY 85 • ' LUCERNE, COLORADO 80646 W.M. MLKAYJ CHARLES ACHZIGER LYLE NELSON, MGR. � ' 4 iAt _e: P.O. BOX 56 • PHONE 356-3020 RE : Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property : 3`{030 L,L2 41 1. Water service is presently being provided to the above described property. 2. Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments: Sincerley, NORTH WELD COUNTY T R ISTRICT e D. Nelson, Manager NDL/ds 971.089 ia_V.-- ,IJ..C,i' AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property J , kY Cruz . (I= 1? D. L3. - SEC , /22 -T (v h) Ri5k0 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. t/iy-A 7,---26-2_. --, -Li," obt„..2„,...„.. The fore in instrument was subscribed and sworn to before me this JO day / l , 1973 , by loic a f • WITNESS my hand and official seal. MY Commission expires: My Commission Expires Notary Public; <17-Th SEPTEMBER 21,1995 My Commission Expires: 97,1080 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION # I . Me' n!1 , /IJen C . agq 799 (SCR 70 O2O3 -/I-O-0D -O3n v EATON CD 4t 0(o/ 5 a . ile(,' o6, We-/en C aa799 WC PR 7.0 OR,03 -1/ -0-00- 63-S PO Oe11 , sart In 4 3-eanne, Ea:fon) CO 9,06)/5 a . Vannot ( Cog erine A. -P. o. ox aayl 0isn. - 11-0-o0 - n53 Greelecr1CD 70(v3a `/, ARmsrconu&r, inlet/Act O. aa881 tick 7n 0803 -/I -n-no -03y aril Peacg�U L, 4ttsup EATON Co RO6/ 4 5 . ►- OKRIS / JDNN 1.0, y- P0. eok 01n56 08'03 -//-0-00 -0032 _DEANN4 in . EArnni P p 3' i)6 /5 (y. 0ANNDY I (ATHEResV (J . -P. O. 8otAa4( D8O3 -// -O-0O - O.8. Greeley an RD6 ,2 7, l.erq u srn lcac�mnnel if , 3 4°194 WC-e All D 80.3-/p2-U-00 O6( N- GV a r� G. �1 ea-tort et 5W4, 15 971099 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Ten/I8 cc'}e- Farm TAJO-, 179 S . MYM0NC0E ST 0 R03 -/o?-O-Ob 038' bFAWER Cn , 1)a0`I 9 , PeJenct/i, Les/ite E, 4- 1cii5801 H lad 39a DRD3 -/a -n--b0- 04,0 J'r)a n YYl . (27 ree.l ea co Roc, s, 1D. re. iC l ;. t iYle ' tha t o/2,/ SR(a H &2 39a nRn3-I4-D-0b-00/ m ( ode ne_ r'e_eled Cn gn(o3/ /1 act(A)is 7-R nth + BFTr1 a303S tA)CR 7n b203 - /3-D-bn - 03 : U F Arne) r Co ROI0 lc la, andersnn, EQ r/ A_ a 3070 1,4)CR 7n 0863-/3 -n-nn- 035 EA7-nnl , Co 8D(n / 5 924080 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. p Subject Property J, CO, 1/�_ C9X' . \T• P U . 43 - S EL / - T (4 i\I STATE OF COLORADO ) ss COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder' s Office or from an ownership update from a title or abstract company or an attorney. 1/..,c_L:& earl 7.7.: 1/17-- A The foregoi nstrument was subscribed and sworn to before me this Ci c'1 day of //y , 191 WITNESS my hand and official seal. ✓Y My Commission Expires: / My Commission Expires SEPTEMBER 21,1995 s<< _ i .t - - Notary Public. 91.080 Section 12: Lot A of Rec. Exempt. No. 0803-12-3-RE706, per map thereof recorded in Book 1051 under Rec. No. 1990516. be3*w a nart oi_tbp Sw$ (0621 21.00 Gross Acres Victor R. Vonfeldt and 1/4 5.25000 M.A. Martial L. Vonfeldt, JT 2224 2nd. Street Greeley, CO 80631 LEASED, exp. 6/10/89, 12.5% LQR, Bristol Production, Inc. - le The Order of The Holy Family, 1/4 5.25000 M.A. a Colorado non-profit corporation Abbot Jan Aldan 1204 Galisteo Parlaway Santa Fe, NM 87501 LEASED, exp. 12/15/88, 15% LO R, Bristol Production, Inc. - @p An E. Rose and 1/2 10.50000 M.A. June R. Aylaworth, JT 18790 Highway 392 Lucerne, CO 80646 LEASED, exp. 12/8/88, 154 LOR, Bristol Production, Inc. - mB Hello