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RESOLUTION RE: GRANT CHANGE OF ZONE FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO 1-2 (INDUSTRIAL) FOR TED ROTHE 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, a public hearing was held on the 15th day of September, 1993, at 10:00 a.m. for the purpose of hearing the application of Ted Rothe, 1847 26th Avenue Court, Greeley, Colorado 80631, requesting a Change of Zone from C-1 (Neighborhood Commercial) to I-2 (Industrial) for a parcel of land located on the following described real estate, to-wit: Lot 1 of the NW* SWy and Lot 4 of the SWq NW* of Section 4, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, at said hearing on September 15, 1993, the Board deemed it advisable to continue said matter to September 29, 1993, at 10:00 a.m. , to allow staff time to inspect said property for violations, and WHEREAS, at said hearing on September 29, 1993, the applicant was represented by Gary Gettman, and WHEREAS, Section 21.6.2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and the Weld County Planning Department staff and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 21. 7 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.6 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. The City of Greeley Planning Commission indicated that the proposal complies with the City's Comprehensive Plan. PL0928 930931 CHANGE OF ZONE - ROTHE PAGE 2 b. The uses which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses. c. Adequate water and sewer service can be made available to serve the uses permitted within the proposed I-2 Zone District. d. Existing street and highway facilities which provide access to the properties are adequate to meet the requirements of the uses which would be allowed in the I-2 Zone District. e. The proposed rezoning property does not contain a commercial mineral deposit as demonstrated in the application materials submitted subsequent to the Weld County Planning Commission hearing. Mr. Jeff Hynes with the Colorado Geological Survey, in his letter dated September 13, 1993, indicates that the property does not contain a commercial mineral deposit. f. The applicant has shown that soil conditions on the site that present moderate or severe limitations to the construction of structures or facilities proposed for the site can be overcome prior to the development of the property. g. The property is located in the Airport and Flood Hazard Overlay Districts. No other overlay districts affect this site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Ted Rothe for a Change of Zone from C-1 (Neighborhood Commercial) to I-2 (Industrial) on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. The applicant shall submit a certified boundary survey and rezoning plat as required under Sections 21.7.1.3 and 21.7.3 of the Weld County Zoning Ordinance. The rezoning plat and recording fee shall be submitted to the Department of Planning Services. 2. Prior to recording the rezoning plat, the following notes shall be placed on the rezoning plat: a. The uses on the property shall be operated in compliance with the Weld County Airport Overlay District requirements. b. The uses on the property shall be operated in compliance with the Weld County Flood Hazard Overlay District requirements. 930931 CHANGE OF ZONE - ROTHE PAGE 3 c. A Site Plan Review is required for uses on the property in accordance with Section 23 of the Weld County Zoning Ordinance. d. All septic systems shall be designed by a Colorado Registered Professional Engineer in accordance with the Weld County Individual Sewage Disposal Regulations. e. Individual Sewage Disposal System Permits shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application dated. f. This property shall be served by a public water supply. g. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. The above and foregoing Resolution was, on motion duly made and seconded, adopted by� the following vote on the 29th day of September, A.D. , 1993. / ( J I / /1 /1/ / BOARD OF COUNTY COMMISSIONERS ATTEST: 1 / �. QJ? WELD COUNTY, COLORADO/ �Clvr:4 b /v l%G(/4 Weld County Clerk to the Board 42--/ -4--.---e, oY erve— �� //^ Constance L. H rb{eJ/r�t,�Chairman h BY: �GCif��1'4✓� -" fi �l /x}2JI J Deputy C1111erk t•_-ac- :o.+rd W. ebster, P,ro-Tem APPROVED AS TO FORM: et-,,- - . Baxte my Attorney ""---2- �— - -Dale K. Hall,4/{.-41.44----1 arbara J. Kirkmeyer 930931 HEARING CERTIFICATION DOCKET NO. 93-65 RE: CHANGE OF ZONE FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO I-2 (INDUSTRIAL) - TED ROTHE A public hearing was conducted on September 29, 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 - Absent Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Chuck Cunliffe Health Department representative, Jeff Stoll The following business was transacted: I hereby certify that pursuant to a notice dated August 23, 1993, and duly published August 26, 1993, in the Windsor Beacon, a public hearing was conducted on September 15, 1993, to consider the request of Ted Rothe for a Change of Zone from C-1 (Neighborhood Commercial) to I-2 (Industrial) , at which time said matter was continued to September 29, 1993. At said hearing of September 29, 1993, Lee Morrison, Assistant County Attorney, made this a matter of record. Let the record reflect, Commissioner Hall is now present. Chuck Cunliffe, Planning Department representative, stated the property has been inspected three times since September 15, and there is storage on site which is a violation of the Zoning Ordinance. He said there was an inspection done this morning and there was a backhoe working with the contaminated soils discovered by the Health Department. Pipes for irrigation and metal rig materials are still being stored on site which is not permitted under C-1 Zoning. Mr. Cunliffe indicated there are piles of debris from excavation and referenced a letter from the Army Corps of Engineers who visited the site concerning the filling of approximately 0.03 acre of wetland. Mr. Cunliffe also referred to two memos from the Health Department indicating some of the contaminated soil had been stockpiled on plastic as of this morning. Ted Rothe, applicant, stated he is not in violation with the Army Corps of Engineers, and the remaining storage consists of fencing materials and two tractors being used to clean up the contamination and maintain weeds. In response to questions from the Board, Mr. Rothe said he has no intention of filling in the wetland; therefore, he does not need a permit. He indicated frac tanks were brought onto the site for repair, but he was not aware that was a violation. Mr. Rothe said he called the Health Department and is cleaning up the contamination. Jeff Stoll, Health Department representative, stated the site was inspected by Trevor Jiricek at the request of Mr. Cunliffe and Mr. Rothe and confirmed 200 square feet of contaminated soil, 3 to 4 inches deep. Mr. Rothe has been advised to remove said soil to the satisfaction of the Health Department, place it on plastic for aeration, then to dispose of it at a landfill, which he is in the process of doing. Mr. Stoll indicated there was no ground water contamination visible because of the minimal depth saturation. John Malone, representing surrounding property owners, submitted photos, Exhibits K through S for the record, of the proposed site and Mr. Rothe's property to the north of Sharp Seeds which is also used for outside storage. Mr. Malone requested the change be denied or stringent conditions be placed upon the applicant to protect groundwater, etc. In response to a question from Rocky Francis, surrounding property owner, Mr. Cunliffe read the C-1 allowed uses. He explained, in I-2, uses are allowed outside only if screened. After various comments from Mr. Francis, Mr. Cunliffe explained Mr. Rothe does not intend to continue with the current use. Mr. Francis reminded the Board that groundwater was 930931 PLO 9,) ?s RE: HEARING CERTIFICATION - ROTHE PAGE 2 uncovered approximately two years ago and Mr. Rothe was in violation with the Health Department. He also submitted photos marked as Exhibits T through EE for the record and answered questions concerning said photos for Mr. Morrison. Mr. Morrison noted that Exhibits T through W were photos taken on September 15, 1993, and the remaining were taken approximately three years ago. In response to questions from the Board, Mr. Cunliffe referred to the zoning maps in the application materials concerning the surrounding zoning, and Mr. Stoll said no extensive violations were shown in the Health Department's files for the past two years. Mr. Stoll indicated there is no information at this point concerning the proper disposal of the soil. In reference to the photos submitted by Mr. Francis, Mr. Stoll indicated the soil is visibly wet and reiterated Mr. Jiricek reported some contamination; however, it is not severe or interacting with the groundwater, and Mr. Rothe is in the process of cleaning it up. In response to further questions from Mr. Francis, Mr. Stoll and Mr. Morrison indicated the County and State Health Departments would enforce any necessary action; however, it would be Mr. Francis' obligation to achieve compensation for his expenses resulting from Mr. Rothe's damages. Mr. Cunliffe said oil support may be permitted in the I-2 Zone under storage; however, a site plan review is required. Mr. Morrison clarified the actual uses allowed in I-2 and I-3 are not different, but the screening requirements are different. Mr. Cunliffe confirmed the current storage on the property is in violation in C-1 Zoning and Mr. Rothe was sent notice of such. He said a site plan is required for storage in the C-1 Zone, and, even if the Change of Zone is approved, Mr. Rothe would still be in violation. At the request of the Board, Mr. Cunliffe reviewed the surrounding zoning and stated most property is zoned C-1, C-3, I-2, or I-3. He reviewed the intent of the C-1 Zone and stated a site plan remains with the property and the use on the property. He further explained, only if the use changes is a new site plan required, and referrals are sent equivalent to the Change of Zone process. Mr. Stoll responded to a question from Commissioner Webster by stating the soil contamination needs to be corrected regardless of the zoning. The Board voiced concerns about the past and present violations. Gary Gettman, representing Mr. Rothe, stated Mr. Rothe has put forth an earnest effort to correct the problems and come into compliance. He indicated 90 percent of the property has been cleared and gave further explanation of Mr. Rothe's intentions and efforts to comply. Mr. Cunliffe reiterated a letter of potential non-compliance concerning C-1 uses without a site plan was mailed to Mr. Rothe on September 16, 1993. He reminded the Board that staff was not aware of the adjacent property owners concerns until the hearing on September 15, 1993, and staff's original recommendation was for denial until adequate documentation was provided. Responding to comments from the Board, Mr. Cunliffe said an inspection is normally done during the Change of Zone process; however, he reiterated staff's original recommendation was for denial based on an issue which has since been resolved. Commissioner Webster referred to the Health Department's letter which stated the situation is not severe enough to delay the rezoning process. Mr. Stoll clarified the Health Department's position has not changed; however, the Change of Zone is separate from the solid waste issue, and it was not the Division's intent to recommend the Change of Zone favorably or unfavorably. He reiterated Mr. Rothe is making progress and there has been minimal impact. Mr. Gettman indicated the contaminated soil is on plastic to aerate, then it will be tested for degree of contamination to determine appropriate disposal. Commissioner Hall stated the issues are the Change of Zone and the violations, which will be followed by the Health and Planning Departments. He said, relative to the usage around the area, the current zoning is not proper and reiterated the necessity of the site plan review. Reinforcing that the faulty zoning problem needs to be corrected, Commissioner Hall moved to approve the Change of Zone. Kellie Holland, surrounding property owner, questioned whether the contamination was caused from the tanks and stated the tanks had been moved to Mr. Rothe's other property. Commissioner Baxter questioned the relevance of the owner's character when considering a Change of Zone. Mr. Morrison stated the credibility of the applicant is determined by the applicant's ability to meet the criteria for the Change of Zone. Commissioner Baxter suggested the Change of Zone not be authorized unless the violation is 930931 RE: HEARING CERTIFICATION - ROTHE PAGE 3 resolved. It was reiterated the violation had to be cleared regardless of the zoning. Mr. Morrison said the violation issue could be a Condition of Approval for recording the plat; however, compliance with the Zoning Ordinance is required for any use to receive site plan approval. After further comments, Commissioner Hall restated his motion to approve the request of Ted Rothe for a Change of Zone from C-1 (Neighborhood Commercial) to I-2 (Industrial) . The motion was seconded by Commissioner Webster, and Mr. Cunliffe said staff's recommendation for approval included Conditions of Approval. Commissioner Hall and Webster agreed to include in the motion said Conditions of Approval as recommended by staff. Commissioner Baxter said he will vote for the Change of Zone based on the advice of legal counsel, but requested the site plan review be monitored very closely. On a roll-call vote, the motion carried unanimously. This Certification was approved on the 4th day of October, 1993. Aida; APPROVED: i /ATTEST A D BOARD OF COUNTY COMMISSIONERS Maui ,��uvG�//� WELD COUNTY, COLORADO Weld County Clerk to the Board By: 4�G' /1L�'-C-G2 Cons ance L. Harbert, Chairman Deputy Clerk to the Boaz - A Jit\/ W. Webster, P o-Tem TAPE #93-33 L/cr -4‹2, rge Baxt r DOCKET #93-65 Dale K. Hall PL0928 Barbara J. Kirkm yer 4 930931 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 29th DAY OF September 1993: DOCKET It 93-66 - Change of Zone, Shiloh, Inc. DOCKET It 93-68 - Resubdivision, Jerry and Lenora Goedert DOCKET It 93-65 - Change of Zone, Ted Rothe DOCKET 4 93-69 - Special Review Permit, Burlington Northern Railroad PLEASE write or print your name legibly, your address and the DOCKET It (as listed above) or the name of the applicant of the hearing you are attending. NAME. 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I c_46-I i e-cati Ca co-X0( y4_-IC 6 I Cot v'6 1ypi Fra(14 > S 9-5-9 w2 9 Br J][1ov 06kt(:7d / N 734 / 930931 PLO928 CASE 930931 COZ480 THIS FILE CONTAINS PHOTOS AS EXHIBITS K - FF. PLEASE SEE ORIGINAL FILE. EVALUATION OF COMMERCIAL MINERAL DEPOSITS ON TED ROTHE PROPERTY Prepared For: TRAVOIS LAND CO. 614 - 14th Street Greeley, CO 80631 Prepared By: TUTTLE APPLEGATE, INC. 11990 Grant Street Suite 410 Denver, CO 80233 D 1�7��'I \, 1 jjAUG23t993 We randy Planning TA #93-185 August 9 Cy ti� b t. i- I 419 3 . EVALUATION OF COMMERCIAL MINERAL DEPOSITS FOR SAND AND GRAVEL ON TED ROTHE PROPERTY, WELD COUNTY, COLORADO INTRODUCTION Ted Rothe proposes to locate an industrial business on a site in eastern Greeley that is currently zoned C-1. He proposes to rezone the property to an 1-3 which would make his proposed use, an oil field pipe supply company an accepted land use. The surrounding businesses are compatible with this proposed use. The site is located in the floodplain of the Cache La Poudre River and is underlain by a valley fill sand and gravel deposit. This deposit is identified by the Colorado geological Survey as potentially of commercial value and as such development of the property is not permitted until the minerals have been removed. TUTTLE APPLEGATE, INC. has been retained to evaluate, and if necessary, delineate the commercial mineral deposits of sand and gravel on the parcel. SITE DESCRIPTION As mentioned, this farm property is located on the east side of Greeley near State Highway 85 and 8th Street (See Vicinity Map). It is in Section 4 of Township 5 North, Range 65 West and is part of the original Union Colony Subdivision. The property is 20 acres in size and is river bottom land that appears to have historically been farmed. The Cache La Poudre River is approximately 1/2 mile south of the parcel. Wetlands vegetation occurs on-site in an old drainage channel that flows to the river. Access is gained to the site via a private gravel road that connects to 8th Street on the south side of the property. EXISTING DATA Probably the most authoritative and most complete resource data on aggregate reserves is the "Sand, Gravel, and Quarry Aggregate Resource, Colorado Front Range Counties" produced by the Colorado Geological Survey in 1974. This was a study commissioned by the Colorado Legislature in their House Bill 1529. Following is an excerpt from their discussion on the Cache La Poudre River. The Rothe site is located in an area that is described by the report as a valley fill material. -1- 930931 1 ` R65W 4672 • • 4670 • . T • °• --;5(4 C 4 - _ • • • . BLISS 4666 • 1 ° ✓ 4669 i• .0 4 4/ r • sS • a• 4 1 rl • .• t..,... O r N . Or • \ r • I • �: ° f ' -i1•- - L �- SITE OF 0-1 �• am` r o1 ■ •7---..\—‘1/4.--,\).\\.....Hita IS iliy.' /� •• 4630 ' srgAST �/ i ..// � " n a .I eTHSTREE '� s „ n e n •!a 4628 r-r L' 4 li 4 ►i p A l o �OGILV 9 l/ N li t Y o p li CA . J :\ Ici _�g"�_. i �i L %UDR ' 0 J •• '• , . 466it ' 0 • • � I a 1. = =:1 = � sx : - tk ;,_--- iv. , _ . ' j• -____ 7llTTLE APPLEGAYE, INC. • VICINITY MAP �'"`�'� °�`" est ` - 11990 Grant Street, Suite 410 Denver,Colorado !0233 ,(3031452-6611 930931 EXERPT ON THE POUDRE VER from "Sand, Gravel, and Aggregate Reserves" , In the lower part of the river basin, the major Colorado Geological flood-plain and valley-fill deposits consist of clean, Survey sound, cobbly gravels and medium- to coarse-grained sands that range in thickness from 10 to 20 ft at Fort Collins to about 50 ft at Greeley. The over- burden may attain a thickness of 9 ft, as at Windsor. Three terrace levels can be distinguished north of the river between Fort Collins and Windsor. The '6-mile-long lower terrace begins near the mouth of Boxelder Creek and contains 8 to 32 ft of sand and gravels, locally cemented, and quite silty. The intermediate terrace begins near Timnath, widens near Windsor, and extends downstream to Greeley. As much as 30 ft of gravel occurs in this terrace; however, in most places the overburden is quite thick, creating an overburden:resource ratio as high as 1:1. Remnants of the highest terrace lie between Timnath and Windsor and contain about 10 ft of cobbly to bouldery gravels impregnated in the upper several feet by calcium carbonate (caliche). The quality of the sand and gravel in the low terrace over which much of Greeley is built has been influenced by the South Platte River but does contain 20 to 30 ft of clean, sound, pebbly to cobbly gravel and high-quali- ty coarse sand. Deposits at the south end of this terrace are the result of South Platte River deposi- tion and, therefore, contain much finer grained aggregate than the coarser northern part which is the result of Cache la Poudre deposition. Several remnants of a higher terrace, also containing very clean gravel and sands lie south of the river along a 4-mile stretch west of Greeley. Numerous gravel pit operations were noted in the deposits in this area-33 around Fort Collins, 10 near Timnath, 6 near Windsor, and 39 at Greeley. A- bout two-thirds of these operations are located ad- jacent to the river. In Fort Collins the finished products include concrete and asphalt aggregate, plaster sand, cement sand, concrete slab bedding, washed rock, base course and subbase, and decorative stone (flagstone, crushed sandstone, feldspar, and quartz sand). Pit run, crusher cleanup, and silt sand are also sold. Much of the material produced in Greeley is used for concrete and asphalt aggre- • gate and for base course. West of Greeley, in the thick, clean terrace gravels south of the river, are 8 gravel pits oper- ated by the Colorado Department of Highways. To the south are 3 other pits in upland deposits of excep- tionally high quality. The flood-plain and valley-fill deposits of the lower Cache la Poudre River obviously are the prime aggregate resources in this area and definitely should be considered for mineral conservation. North of the river the lowest and highest terraces appear to be significant resources, although not of high- quality aggregate. Even though a number of pit op- erations are located here, it is doubtful that the gravels can be easily upgraded. The amount of fines and caliche will be significant limiting factors in their use. The deposits in the middle terrace have little likelihood of ever being worked mainly because of the thick overburden. The terraces south of the river at Greeley have great potential although, as implied above, much of the lower terrace has been lost to urbanization. Altogether, the reserves in the lower river valley are adequate to meet the demands of the area. There is a possibility that some of the materials sight be transported by unit train to such aggregate- scarce areas as Denver. The feasibility of this op- eration, however, will require further study. 930931 Items of note from this discussion document that this site is indeed a part of a floodplain deposit of gravel, sand, sift, and clays. Generally this stretch of the Poudre River which is close to the confluence of the South Platte River is an important source of aggregate materials. However, the quality of the aggregate is not quite as good as those deposits that lie several miles upstream of the site along the river. This occurs because the rock is increasingly smaller and has a higher content of silt and clay that needs to be removed from the finished products. This is not unusual in any river basin along the front range. As you get farther away from the mountains, the rock wears down to a smaller size simply because it has to roll farther from its' source. The amount of overburden on top of the resource seems to vary along this stretch of the river, but the east Greeley area seems to have between 2 to 5 feet. Weld County prepared a Mineral Resources Extraction Plan in 1975. The Extraction Plan Map indicates this property lies within the Resource Conservation Area. The following narrative is from the Weld County Extraction Plan. -2- 930931 EXERPT FROM THE "Weld county Mineral Extraction Plan" , Weld County Planning Department 3. Resource Conservation Areas Sand and gravel deposits along our major stream channels generally coincide with floodways and floodplains. These lands also function as wildlife habitat areas for a variety of species, and as aquifers recharge areas. It Is in these same areas that soil erosion control measures are vital, and in which severe limitations exist in terms of urban development. These lands are also characterized by their scenic and recreational qualities. Floodplain sand and gravels have been identified by the Colorado Geological Survey as the most significant • landform unit in terms of sand and gravel resources. It is especially important that these limited deposits be protected from any use which would interfere with their extraction. Lands underlain by these resources are depicted on the Extraction Plan Nap by blue hatch lines. Existing zoning on these lands in Weld County is predominately irrigated IA-I) or dryland (A-D) agriculture. The intent of these zones is as explained above, the protection of agricultural lands for agricultural use. However, additional considerations must be made with reference to establishment of uses in these areas. First, these lands, in general, lie in flood prone areas. The establishment of structures or uses which can be damaged by floodwaters should not be allowed in these areas. This is supported by policies contained in the Weld County Comprehensive Plan which states: Floodplains and other unsafe or unsuitable areas for building shall be kept open and free to accomodate the acts of nature. (7:78) Further, Weld County through its membership in the Federal Flood Insurance Administration program is obligated to ob- • serve certain restrictions on development in flood areas. These factors further support limitations on development which would prevent the extraction of mineral deposits. In general, only those uses which are compatible with the natural characteristics of these areas should be allowed. • These would include agricultural crop production, grazing, Sand and gravel extraction, wildlife habitation, recreation, and other similar uses. 930931 Second. it is in the designated resource conservation areas that we find our less productive agricultural lands. If we must indeed sacrifice a portion of our agricultural lands to obtain needed mineral resources, it is best that we lose those that are less productive, rather than those which are generally more productive. Finally, though mineral extraction should be encouraged in these areas, it should be allowed only when meeting appropriate standards for reclamation of the affected lands. Again, both extraction and reclamation design must to accomplished within the full context of the goals, ob- jectives and policies established by the Weld County Comprehensive Plan. 1 930931 a Items of note in this discussion include that these resource conservation areas occur along the major stream channels and the resource generally coincides with the floodplain. This stretch of the Poudre River does contain significant deposits of sand and gravel. The soil surveys by the Soil Conservation Service are also valuable data. Enclosed here as Exhibit A is the map and soils description. As can be seen, the underlying strata along the river is sand and gravel. The Aquolls and Aquents substratum is generally found in all sand and gravel deposits in the area. The referenced areas identified as Bankard sandy loam indicate old sand bars that were left in past floods and possibly by the river which may have once been in this area. No reference is given as to the thickness of the sand and gravel layer. The overlying soils are normally described as deep, well-drained, and up to 60 inches thick. Based on bore holes that were done for the City of Greeley wastewater treatment facility, the deposit is expected to be between 15 to 20 feet in depth. There is one bore hole that indicates the deposit dips to a depth of 55 feet. This has been found in several areas along the Poudre River in Greeley. These extreme depths have not been economical to mine. Typically this extreme depth has been separated by a clay lense that is difficult to penetrate and keep from contaminating the sand and gravel. WATER RIGHTS The property lies in an area that appears to have many permitted wells and water rights. A tabulation of the rights within the same section, range and township are attached for reference. No field verification was done for any of these water rights. The existence of wells in the immediate vicinity always poses some operational problems for a sand and gravel operation. Because of the small size of the property, it is assumed that dry mining would be necessary to maintain economical extraction. This would require dewatering and a subsequent drawdown of the groundwater table to surrounding property owners. Although it is usually technically feasible to operate a mine with these constraints, it does add additional operational costs for providing mitigation of impacts. If the proposed after use of the property left an open pit that exposed groundwater, an augmentation plan and gravel well permit would have to obtained. The augmentation plan would have to go through water court. A rough estimate of the water augmentation requirements for exposing 12 acres of groundwater would be an additional $20,000 to $25,000 in costs if water rights were available for augmentation at $500/ acre-foot. The only way to avoid this augmentation would be to refill the pit with clean fill or to line the pit as a reservoir. Lining is not considered economically feasible for this site. -3- 930931 STATE LAW House Bill 1529 passed in 1973 provides for the preservation of the access to commercial mineral deposits. In the Act, "Commercial Mineral Deposit" is defined as construction aggregate for which the extraction is or will be commercially feasible. Also the deposit must have significant economical or strategic value to the area, State, or nation. This law also requires that populous counties conduct a study of the commercial mineral deposits within their jurisdiction and develop a master plan for their extraction. In defining and locating commercial mineral deposits, populous counties are directed to use a range of factors. In addition to the geologic information, the county shall also consider reclamation, environmental impacts, quality of life impacts, and economics. The law goes on to preserve access to commercial mineral deposits by prohibiting any jurisdiction to permit a use on a commercial mineral deposit which would interfere with the present or future extraction of a deposit. -4- 930931 REPORT DATE 08/12/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 12678R 1 62 GEHRING CARL RT 4 BX 119 GREELEY, CO 80631 3 1 03/01/50 800.00 30 12 SWSW 3 5 N 65 W S 14960R 1 62 DAVIS FARMS INC 712 10TH ST GREELEY, CO 80631 3 1 1150.00 101 31 NWNE 4 5 N 65 W S 19089MH 1 62 NORTH FRONT RNG WTR QUAL PLNG ASSOC CIVIC CENTER 500 E THIRD LOVELAND, CO 80537 MH 05/13/92 3 0 GW 39 32 SERE 4 5 N 65 W S 11161AD 1 62 LOLOFF ED CNSTR INC XERSEY, CO 80644 AD 05/21/86 3 0 OW NW 4 5 N 65 W S 12332R 1 62 CARLSON JOHN C. & RULAND P L RT 1 BX 11 GREELEY, CO 80631 1 1 1400.00 103 35 NENW 4 5 N 65 W S 44673 1 62 RULAND P L R2 1142 11 11 AVE GREELEY, CO 80631 3 89 07/05/54 25.00 72 40 NENW 4 5 N 65 W S 23312 1 62 TRUJILLO ARTHUR RT 1 BOX 5 C GREELEY, CO 80631 3 8 04/01/65 10.00 25 5 NWNW 4 5 N 65 W S 28174 1 62 ORONA MANUEL RT 1 BOX 5B GREELEY, CO 80631 3 B 07/28/66 20.00 19 8 NWNW 4 5 N 65 W S 1 62 REED BRUCE D & BONNIE 1850 SOUTHERN ST BRIGHTON, CO 80601 AP 07/13/90 AU 10/04/90 3 3 GW 2000N,0300W SWNN 4 5 N 65 W S 2947F 1 62 TRUYELLO ARTHUR RT 1 BOX 5 AA GREELEY, CO 80631 3 1 02/04/61 400.00 21 6 SWNW 4 5 N 65 W S 16038 1 62 VANBEBER HAROLD RT 1 GREELEY, CO 80631 3 8 06/26/63 24.00 25 4 SWNW 4 5 N 65 W S 19472F 1 62 WADSWORTH WAYNE RT 1 BOX 4 C GREELEY„ CO 80631 3 1 05/10/47 4.00 105.00 SWNW 4 5 N 65 W S 25941 1 62 VANBEBER HAROLD RT 1 GREELEY, CO 80631 3 B 11/26/65 50.00 25 2 SWNW 4 5 N 65 W S 37454 1 62 WITTMER FRED G & GRACE E 423 6TH ST GREELEY, CO 80631 3 8 04/30/69 50.00 27 3 SWNW 4 5 N 65 W S 44539 1 62 DILKA DONALD 509 11TH AVE GREELEY, CO 80631 3 8 02/24/71 25.00 34 3 SWNW 4 5 N 65 W S 2020F 1 62 SCHELLER WILLIAM RT 4 BX 118 B GREELEY, CO 80631 3 1 11/08/58 25 6 NESE 4 5 N 65 W S 11092R 1 62 RAAB ETHEL V 8 A C R4 BX 177 GREELEY, CO 80631 3 1 800.00 45 9 NWSE 4 5 N 65 W S 12713R 1 62 MESSINGER FRED RT 1 BX 167 LASATJF, CO 80643 SP 08/15/89 3 1 04/30/54 NWSE 4 5 N 65 W S 42AD 1 62 FARR FARMS CO GREELEY, CO 00000 AD 1 SESE 4 5 N 65 W S 12335R 1 62 ELLSWORTH ROY RT 4 EX 118 A GREELEY, CO 80631 3 1 400.00 28 6 SESE 4 5 N 65 W S 13065R 1 62 SALL RALPH H RT 4 EX 118 GREELEY, CO 80631 3 1 500.00 39 6 SESE 4 5 N 65 W S 134824 A 1 62 MIDEXCO CONSTR GREELEY, CO 80631 NP 12/07/83 RC 03/13/84 3 8 NESW 4 5 N 65 W S 10770AD 1 62 FRANCIS R D GREELEY, CO 80631 AD 09/04/84 AR 03/20/85 3 0 NESW 4 5 N 65 W S 27480 R 1 62 FRANCIS ROBERT D. GREELEY, CO 80632 NP 01/16/85 WA 3 1 GW NESW 4 5 N 65 W S 9OO 3t REPORT DATE 08/12/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 2 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL NELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE ND MD DB USE DATE APROP IRK AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 10771AD 1 62 FRANCIS R D GREELEY, CO 80631 AD 01/25/85 AR 03/20/85 3 1 NESW 4 5 N 65 W S 30562F 1 62 FRANCIS ROBERT D. P 0 BOX 1608 GREELEY, CO 80632 SA 06/09/86 SA 12/07/88 3 1 10/16/86 34.00 8.00 GW 250.00 39 5 2360S,1740W NESW 4 5 N 65 W S 165082 1 62 ZIMMERMAN ALFRED E & ROZETTA J 577 E 8TH ST GREELEY, CO 80631 NP 05/29/92 AR 06/18/92 3 3 OW 1700S.2227W NESW 4 5 N 65 W S 2368F 1 62 GREELEY LOCKER & MEAT CO 1115 7TH AVE GREELEY, CO 60631 3 3 12/03/59 30.00 28 3 NESW 4 5 N 65 W S 2368R 1 62 GREELEY MEAT CO. INC. 625 EAST 8TH ST GREELEY, CO 80631 3 3 07/01/74 4.00 30.00 30 4 14005,2400W NESW 4 5 N 65 W S 26555 1 62 STEWART WILLIAM W RT 3 BOX 526 GOLDEN, CO 80401 3 9 03/17/66 40.00 36 4 NESW 4 5 N 65 N S 135883 1 62 FRANCIS ROBERT D. P.O. BOX 1068 GREELEY, CO 80632 3 8 06/20/63 40.00 32 23005,1400W NESW 4 5 N 65 N S 2307AD 1 62 FARR FARMS CO. INC. GREELEY, CO 80631 AD 1 NWSW 4 5 N 65 W S 22150 1 62 ROSS OTIS RT 1 BOX 3 GREELEY, CO 80631 3 8 11/06/64 1.00 180 8 NWSW 4 5 N 65 W S 44981 1 62 THOMPSON ROBERT 817 1ST ST GREELEY, CO 80631 3 89 03/25/71 10.00 33 7 NWSW 4 5 N 65 W S 22695F 1 62 GREELEY CITY OF GREELEY, CO 80631 3 O 01/25/65 500.00 40 7 SWSW 4 5 N 65 W S 22817F 1 62 GREELEY CITY OF GREELEY, CO 80631 3 0 02/05/65 500.00 39 7 SWSW 4 5 N 65 W S 22818F 8 62 GREELEY CITY OF GREELEY, CO 80631 3 5 1 0 02/03/65 500.00 39 7 SWSW 4 5 N 65 W S 22819F 1 62 GREELEY CITY OF GREELEY, CO 80631 3 0 02/01/65 450.00 39 7 SWSW 4 5 N 65 W S 22820F 1 62 GREELEY CITY OF GREELEY, CO 80631 3 O 01/27/65 400.00 22 3 SWSW 4 5 N 65 W S 1 62 ARNOLD J GREELEY, CO 80631 AP 05/20/83 3 9 NENE 5 5 N 65 N S 130671 A 1 62 ARNOLD J GREELEY, CO 80631 NP 05/20/83 3 9 NENE 5 5 N 65 N S 72586 1 62 DYER CLIFFORD R. 2121 20TH ST. RD. GREELEY, CO 80621 3 8 12/14/73 1.00 15.00 46 4 1100N,12965 NENE 5 5 N 65 W S 21164 1 62 THOMPSON ROBERT 817 FIRST STREET GREELEY, CO 80631 3 8 08/13/64 20.00 21 6 SERE 5 5 N 65 W S 38732M 1 62 RAINBO BREAD COMPANY 7300 BRIGHTON BLVD UVru9tRCE CITY, CO 80022 LOT 3 BLK 27 CLAYTON PARK NP 02/22/91 3 0 M GW 0393N,1353W NENW 5 5 N 65 W S 9.013 . REPORT DATE 08/12/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 2 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 91224VE 1 62 HENDERSON RONALD L 806 E 16TH ST GREELEY, CO 80631 AV 06/20/91 2 8 GW 2720N,1996E NWSE 9 5 N 65 W S 160609 -1 62 HENDERSON RONALD L 806 E 16TH ST GREELEY, CO 80631 NP 06/21/91 RC 07/02/91 2 8 12/31/64 1.00 GW 15.00 40 2720N.1996E NWSE 9 5 N 65 W S 160609 A 1 62 HENDERSON RONALD L 806 E 16TH ST GREELEY, CO 80631 NP 06/21/91 RC 07/02/91 2 8 GW 25.00 43 20 2720N,1996E NWSE 9 5 N 65 W S 590R R 1 62 ADKINS JAMES & LINDA 824 E 16TH ST GREELEY, CO 80631 11/23/90 3 1 01/04/41 500.00 38 16 NWSE 9 5 N 65 W S 79086 1 62 PFLEIDERER JOHN A. 918 E. 16TH ST. GREELEY, CO 80631 3 89 05/22/75 1.00 15.00 45 23 2750N,2560E NWSE 9 5 N 65 W S 13394 R 1 62 FUSS/KANE GREELEY, CO 80631 NP 09/01/78 2 1 SESE 9 5 N 65 W S 153984 1 62 WEAVER WILLIAM 1034 E 18TH AVE GREELEY, CO 80631 NP 04/24/89 AR 05/01/89 2 8 12/31/20 1.00 GW 15.00 55 12505,0900E SESE 9 5 N 65 W S 153984 A 1 62 WEAVER WILLIAM 1034 E 18TH AVE GREELEY, CO 80631 LOT 2 NP 04/24/89 AR 05/01/89 2 8 GW 12.00 44 25 12755,0915E SESE 9 5 N 65 W S 295R 1 62 HINZE A F P O BX 1033 GREELEY, CO 80631 3 1 07/31/34 400.00 41 20 SESE 9 5 N 65 W S 3518 1 62 HINZE A F P O BX 1033 GREELEY, CO 80631 3 8 06/01/59 18.00 50 20 SESE 9 5 N 65 W S 5342 1 62 CIELOHA ALFRED 1108 E 18TH GREELEY, CO 80631 3 8 05/03/60 30.00 46 25 SESE 9 5 N 65 W S 8911F 1 62 BAILEY RAY GREELEY, CO 80631 3 1 06/03/58 450.00 46 21 SESE 9 5 N 65 W S 13394F 1 62 KANE RAY O & REDMEN CHARLES V & THO E 20TH ST GREELEY, CO 80631 3 1 450.00 46 30 SESE 9 5 N 65 W S 37658 1 62 HARDIN WILLIAM 1131 E 20TH ST GREELEY, CO 80631 3 8 05/13/69 50.00 47 20 SESE 9 5 N 65 W S 89708 1 62 BAKER JOHN D 1915 CHERRY AVE. GREELEY, CO 80631 2 8 03/24/77 1.00 15.00 42 22 03205,0100E SESE 9 5 N 65 W S 74052 A 1 62 BRENCKLE GREELEY, CO 80631 NP 04/19/74 3 9 SWSE 9 5 N 65 W S 74226 A 1 62 BRENCKLE GREELEY, CO 80631 NP 04/19/74 3 9 SWSE 9 5 N 65 W S 118265 1 62 BRENCKLE A G GREELEY, CO 80631 NP 12/03/80 AR 01/19/81 3 H SWSE 9 5 N 65 W S 118264 1 62 BRENCKLE A GORDON 933 EAST 20TH ST GREELEY, CO 80631 LOT 2 BRENCKLE NP 12/03/80 EP 02/10/83 3 H GW 00655,2362E SWSE 9 5 N 65 W S 147163 1 62 DEMUTH ROGER C & JANIS C 1856 BALSAM AVE GREELEY, CO 80631 NP 01/22/87 RC 06/12/92 3 3 03/23/87 OW 15.00 42 09005,2400E SWSE 9 5 N 65 W S 152420 1 62 TJARDES FRED 730 E 18TH AVE GREELEY, CO 80631 NP 07/25/88 AR 08/15/88 2 1 03/09/25 1.50 GW 25.00 38 12505,2100E SWSE 9 5 N 65 W S 152420 A 1 62 TJARDES FRED 730 E 18TH ST GREELEY, CO 80631 NP 09/07/88 EP 09/20/90 3 O GW 12505,2100E SWSE 9 5 N 65 W S 163543 1 62 BRENCKLE A GORDON 933 E 20TH ST GREELEY, CO 80631 LOT 2 BRENCKLE NP 03/26/92 2 H GW 00655,2362E SWSE 9 5 N 65 W S 9497 1 62 TRIMBLE ETEDi R 6 & FERN E RT 4 BOX 322B GREELEY, CO 80631 3 8 08/16/61 10.00 43 23 SWSE 9 5 N 65 W S 930931 REPORT DATE 08/12/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 3 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRA AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 24684 1 62 SULLIVAN BETTY J & PAUL C 1944 BASSWOOD AVE GREELEY, CO 80631 3 8 07/20/65 15.00 45 15 SWSE 9 5 N 65 W S 37028 1 62 ROBBINS BOBBIE L. & HOWES EVELYN 1936 BASSWOOD AVE GREELEY, CO 80631 3 8 04/08/69 50.00 44 22 SWSE 9 5 N 65 W S 56532 1 62 LEWIS CLYDE D 803 5TH ST GREELEY, CO 80631 LOT 3 NS 2 8 11/07/72 GW 30.00 62 21 SWSE 9 5 N 65 W S 74052 1 62 BRENCKLE GORDON A. & DONNA M. 931 E. 20TH ST. GREELEY, CO 80631 3 89 05/28/74 1.00 10.00 53 18 02505,1400E SWSE 9 5 N 65 W S 74226 1 62 BRENCKLE GORDON A. & DONNA M. 931 E. 20TH ST. GREELEY, CO 80631 3 89 05/28/74 1.00 15.00 50 21 04005,2280E SWSE 9 5 N 65 W S 83279 1 62 RAYBURN JOHN & RITA 704 E 18TH ST GREELEY, CO 80631 3 B 06/10/29 1.00 15.00 40 12305,2400E SWSE 9 5 N 65 W S 74383 Al 62 FERRELL GREELEY, CO 80631 NP 05/09/74 3 8 NESW 9 5 N 65 W S 3992F 1 62 HUNGENBERG KENNETH & DONALD 605 E 18TH ST GREELEY, CO 80631 3 3 04/10/63 50.00 3B 21 NESW 9 5 N 65 W S 10725R 1 62 BOULTER FANNY & FRANK 1702 1ST AV GREELEY, CO 80631 3 1 1300.00 59 20 NESW 9 5 N 65 W S 12604R 1 62 HUNGENBERG EDWARD L & RUTH J 623 E 18TH ST GREELEY, CO 80631 3 1 450.00 44 12 NESW 9 5 N 65 W S 74383 1 62 FERRELL CHRISTENA & IRVIN 101-8TH STR. GREELEY, CO 80631 3 8 10/28/74 1.00 15.00 50 18 2551S,1993W NESW 9 5 N 65 W S 1 35 EISENMAN INDUSTRIAL PARK GREELEY, CO 80631 LOT 4 EISENMAN INDUSTRIAL PARK - AP 06/18/86 AU 07/03/86 3 1 GW NWSW 9 5 N 65 W S 1 35 EISENMAN INDUSTRIAL PARK GREELEY, CO 80631 LOT 4 EISENMAN INDUSTRIAL PARK AP 06/18/86 AU 07/03/86 3 1 GW NWSW 9 5 N 65 W S 10726R 1 62 BOULTER FANNY & FRANK 1702 1ST AV GREELEY, CO 80631 3 1 1300.00 60 12 NWSW 9 5 N 65 W S 43622 1 62 EISENMAN CHFMICAL CO 312 E 16TH ST GREELEY, CO 80631 3 8 11/09/70 16.00 40 15 NWSW 9 5 N 65 W S 51665 .1 62 PARSONS DONALD E 904 E 16TH ST GREELEY, CO 80631 3 8 02/26/72 15.00 40 21 NWSW 9 5 N 65 H S 13948R 1 62 HOLMES DOUGLAS S. & SHARON 228 EAST 18TH STREET GREELEY, CO 80631 3 1 400.00 40 18 SWSW 9 5 N 65 W S 17272F 1 62 MOBILE HME PRK OF AMER 2000 16TH ST. GREELEY, CO 80631 2 1 08/07/73 10.00 90.00 45 16 03395,0607W SWSW 9 5 N 65 W S 3739 1 62 WALKER JOHN J&SON RT 4 GREELEY, CO 80631 3 8 06/29/59 15.00 25 NINE 10 5 N 65 W S 930931 REPORT DATE 08/12/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE ND MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 16047M4 1 62 RAINBOW BREAD CO C/O P 0 BOX 330 COLUMBIA, IL 62236 MH 04/02/90 3 0 GW NWNW 5 5 N 65 W S 38728M 1 62 RAINBO BREAD COMPANY 7300 BRIGHTON BLVD COMMERCE CITY, CO 80022 LOT 4 BLK 27 CLAYTON PARK NP 02/22/91 3 0 M GW 0344N,1184W NWNW 5 5 N 65 W S 38729M 1 62 RAINBO BREAD COMPANY 7300 BRIGHTON BLVD =AMERCE CITY, CO 80022 LOT 4 BLK 27 CLAYTON PARK NP 02/22/91 3 0 M GW 04020,128214 NWNW 5 5 N 65 W S 38730M 1 62 RAINBO BREAD COMPANY 7300 BRIGHTON BLVD COMMERCE CITY, CO 80022 LOT 4 BLK 27 CLAYTON PARK NP 02/22/91 3 0 M GW 0370N,1190W NWNW 5 5 N 65 W S 38731M 1 62 RAINBO BREAD COMPANY 7300 BRIGHTON BLVD COMMERCE CITY, CO 80022 LOT 4 BLK 27 CLAYTON PARK NP 02/22/91 3 0 M GW 0410N,1193W NWNW 5 5 N 65 W S 2420F 1 62 PETERSON W 725 4TH ST GREELEY, CO 80631 3 4 02/14/60 55.00 28 9 SENW 5 5 N 65 W S 20319tH! 1 62 GREELEY CITY OF t GERAGHTY & MILLER DENVER, CO 80202 M4 02/11/93 3 0 M GW SE 5 5 N 65 W S 40006 1 62 QUINTANA ALBERT 205 N 9TH AVE GREELEY, CO 80631 3 9 12/26/69 15.00 29 • 6 NESE 5 5 N 65 W S 40088 1 62 KRAMER JOHN W 1815 6TH ST RD GREELEY, CO 80631 3 B 01/09/70 12.00 32 7 NESE 5 5 N 65 N S 10924F 1 62 MARTIN PRODUCE COMPANY P 0 BOX 446 GREELEY, CO 80631 3 3 07/15/66 350.00 46 18 NWSE 5 5 N 65 W S 20193F 1 62 NOFFSINGER MFG. CO. 500 6TH AVE. GREELEY, CO 80631 3 4 01/10/76 200.00 41 15 25806,2510E NWSE 5 5 N 65 W S 20194F 1 62 NOFFSINGER MFG. CO. 500 6TH AVE. GREELEY, CO 80631 3 4 01/10/76 41 13 24806,2510E NWSE 5 5 N 65 W S 82310 1 62 TYE JAY D & DOROTHY E 501 7TH ST GREELEY, CO 80631 3 8 03/20/48 20.00 16405,2215E NWSE 5 5 N 65 W S 8324 1 62 GOODFELLOW BUD 1028 2ND AV GREELEY, CO 80631 3 8 04/28/61 60.00 35 11 SESE 5 5 N 65 W S 20307 1 62 WILLIAMS MARTIN 2608 E 18TH ST GREELEY, CO 80631 3 8 06/18/64 50.00 23 6 SESE 5 5 N 65 W S 169393 1 62 UNITOG RENTAL SERV 101 N 11TH ST KANSAS CITY, MO 64105-1856 NP 03/04/93 3 0 M OW 34 10005,1100E SESE 5 5 N 65 W S 169394 1 62 UNITOG RENTAL SERV 101 W 11TH ST KANSAS CITY, MO 64105-1856 NP 03/04/93 3 0 M GW 15 13006,1100E SESE 5 5 N 65 W S 37942M 1 62 TRIPLETT WOOLF & GARRETSON 151 N MAIN STE 800 WICHITA, KS 67202 NP 09/26/90 3 0 M UNC 22 05606,2550E SWSE 5 5 N 65 W S 37943M 1 62 TRIPLETT WOOLF & CARRPTSON 151 N MAIN STE 800 WICHITA, KS 67202 NP 09/26/90 3 0 M UNC 22 06805.2500E SWSE 5 5 N 65 W S 37944M 1 62 TRIPLETT WOOLF & GARRETSON 151 N MAIN STE 800 WICHITA, KS 67202 NP 09/26/90 3 0 M UNC 22 06856,2415E SWSE 5 5 N 65 W S 37945M 1 62 TRIPLETT WOOLF & fARRFTSON 151 N MAIN STE 800 WICHITA, KS 67202 NP 09/26/90 3 0 M UNC 22 05105,2320E SWSE 5 5 N 65 W S 37946M 1 62 TRIPLETT WOOLF & GARRETSON 151 N MAIN STE 800 WICHITA, KS 67202 NP 09/26/90 3 0 M UNC 22 06405,2320E SWSE 5 5 N 65 W S 39173F 1 62 TRIPLETT/WOOL£ & GARRETSON 151 N MAIN STE 800 WICHITA, KS 67202 NP 05/23/91 SA 11/05/92 3 0 04/25/91 UNC 42 06405,2320E SWSE 5 5 N 65 W S 25866 R 1 62 MARTIN PRODUCE GREELEY, CO 80632 NP 06/28/82 3 3 NESW 5 5 N 65 N S 930931 REPORT DATE 08/12/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 2 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRA AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 19156 1 62 DYER CLIFFORD R 2121 20TH ST RD GREELEY, CO 80631 3 8 04/25/64 75.00 29 12 NESW 5 5 N 65 W S 21555 1 62 BRAWNER HOWARD 401 10TH AVE GREELEY, CO 80631 3 8 09/04/64 10.00 20 5 NESW 5 5 N 65 W S 7715F 1 62 COMMERCIAL MUTUAL INS CO 808 9TH ST GREELEY, CO 80631 3 3 07/20/57 20.00 31 NWSW 5 5 N 65 W S 14802R 1 62 GEHRING HARVEY W RT 4 BX 115 GREELEY, CO 80631 3 1 1500.00 8 5 NWSW 5 5 N 65 W S 29743 1 62 GREELEY CITY OF 901 7TH ST GREELEY, CO 80631 3 8 02/15/67 10.00 31 NWSW 5 5 N 65 W S 9687F 1 62 GREELEY ICE & STORAGE 1120 6TH AVE GREELEY, CO 80631 3 4 08/10/65 200.00 42 12 SWSW 5 5 N 65 W S 10957R 1 62 FIRST NATIONAL BANK 1025 9TH AV GREELEY, CO 80631 3 3 300.00 24 4 SWSW 5 5 N 65 W S 18395M3 1 62 DENVER CITY & COUNTY C/O 12596 W BAYAUD *290 LAKEWOOD, CO 80228 MI 11/12/91 3 0 M GW 6 5 N 65 W S 15840MH 1 62 GREELEY CITY OF C/O 7950 S LINCOLN ST LITTLETON, CO 80122 MM 02/26/90 3 0 GW NE 6 5 N 65 W S 1 62 GREELEY CITY OF GREELEY, CO 80631 AP 10/28/85 AU 11/01/85 3 0 GW NENE 6 5 N 65 W S 19989MM 1 62 GREELEY CITY OF % TANK INTEGRITY SYS ENGLEW00D, CO 80112 MM 11/04/92 3 O M GW 17 NENE 6 5 N 65 W S 19983MM 1 62 CO DEPT TRANSPORTATION % WALSH & ASSOC BOULDER, CO 80301 Mi 11/02/92 3 0 M GW SWNE 6 5 N 65 W S 3040AD 1 62 MC FERREN WILLIAM GREELEY, CO 80631 AD 0 NWNW 6 5 N 65 W S '1 62 THOMAS POTATO LA SALLE, CO 80645 AP 10/30/85 AU 11/25/85 3 0 NWNW 6 5 N 65 W S 89056VE 1 62 SUN CIRCLE PARTNERSHIP 101 21ST AVE SPACE 1 GREELEY, CO 80631 LOT 1-10 BLK 1 SUNSET VALLEY AP 02/24/89 3 8 GN 1372N,0231W NWNW 6 5 N 65 W S 153983 1 62 ANDRADE GLENN 100 N 23 AVE GREELEY, CO 80631 NP 05/01/89 3 8 12/31/30 1.00 GW 15.00 30 1250N,0140W NWNW 6 5 N 65 W S 153983 A 1 62 ANDRADE GLENN 100 N 23 AVE GREELEY, CO 80631 NP 05/01/89 3 8 GW 12.00 30 12 1250N,0150W NWNW 6 5 N 65 N S 44378 1 62 NAUMAN DON 1851 26TH AVE CT GREELEY, CO 80631 3 8 03/10/71 30.00 34 11 NWNW 6 5 N 65 W S 47534 1 62 BURROUS T J 316 21ST AVE GREELEY, CO 80631 3 8 07/21/71 15.00 19 8 SENN 6 5 N 65 W S 25997F 1 62 MCFERREN B GOLDEN, CO 80401 NP 05/20/82 RC 12/01/82 3 8 SWNW 6 5 N 65 W S 164860 1 62 SANCHEZ CANDELARIO & THERESA 2125 5TH ST GREELEY, CO 80631 NP 06/10/92 3 8 GW 2840N,0690W SWNW 6 5 N 65 W S 164860 A 1 62 SANCHEZ CANDELARIO & THERESA 2125 5TH ST GREELEY, CO 80631 NP 06/10/92 3 8 GW 15.00 20 6 2850N,0710W SWNW 6 5 N 65 N S 30819 1 62 MOORE DON 2200 2ND ST GREELEY, CO 80631 3 8 05/18/67 30.00 26 11 SWNW 6 5 N 65 W S 17806MM 1 62 GEOSCIENCE ENGINEERING 205 SUTTON LANE STE 100 CO SPGS, CO 80907 MH 07/10/91 3 0 OW SW 6 5.N 65 W S 930931 REPORT DATE 08/12/93 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL NELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M 17398MH 1 62 BRADY OIL C/O P 0 BOX 429 FT COLLINS, CO 80522 ME 04/05/91 2 0 GW 25 NESE 8 5 N 65 W S 137543 A 1 62 STITT ROSE MARIE 1309 E 16TR ST GREELEY, CO 80631 NP 08/21/84 WA 11/13/84 3 8 GW 1300N,0045E NENE 9 5 N 65 W S 5099 1 62 BROUGHTON FLORENCE 1001 E 16TH ST GREELEY, CO 80631 3 8 01/13/60 10.00 54 20 NENE 9 5 N 65 W S 9844 1 62 SLAVENSKI ELSIE L RT 4 BX 87 GREELEY, CO 80631 3 8 09/28/61 10.00 36 9 NENE 9 5 N 65 W S 86796 1 62 LANG TARRY F & MARY M 8054 MOORE ST ARVADA, CO 80005 2 89 06/15/44 1.00 50.00 40 0200N,1500E NWNE 9 5 N 65 W S 27104 1 62 KENNISON DANIEL 1845 6TH AVE GREELEY, CO 80631 3 8 05/09/66 20.00 41 23 SWNE 9 5 N 65 W S 91208VEA 1 62 ALLNUTT FUNERAL SERVICE 702 13TH ST GREELEY, CO 80631 LOT 1 BLK 103 GREELEY AV 06/13/91 1 3 GW 1080N,2100W NENW 9 5 N 65 W S 10152R 1 62 GREAT WESTERN SUGAR CO GREELEY, CO 80631 3 4 800.00 32 20 NWNW 9 5 N 65 W S 13441R 1 62 GREAT WESTERN SUGAR CO GREELEY, CO 80631 3 1 700.00 20 5 NWNW 9 5 N 65 W S 9502 1 62 BARRETT KENNETH 601 E 18TH ST GREELEY, CO 80631 2 8 08/19/61 1.00 125 1B SENW 9 5 N 65 W S 12200R 1 62 ROSENBERG OSCAR 615 E 16TH ST GREELEY, CO 80631 3 1 500.00 33 21 SENW 9 5 N 65 W S 15936R 1 62 HONSTEIN KENNETH L 421 E 16TH ST GREELEY, CO 80631 3 1 350.00 45 16 SENW 9 5 N 65 W S 23701 1 62 ROSENBERG OSCAR 615 E 16TH ST GREELEY, CO 80631 3 8 05/25/65 30.00 36 18 SENW 9 5 N 65 W S 79232 1 62 BARRETT KENNETH 601 E 16TH ST. GREELEY, CO 80631 3 8 06/30/75 1.00 15.00 43 20 2510N,2100W SENW 9 5 N 65 W S 134248 1 62 CARSEY MARJORIE E. 485 E. 16TH ST. GREELEY, CO 80631 2 8 10/23/78 15.00 25 2400N,1700W SENW 9 5 N 65 W S 4198F 1 62 HESSE CHARLES 1107 E 18TH ST GREELEY, CO 80631 3 1 05/25/63 600.00 41 19 NESE 9 5 N 65 W S 4506R 1 62 GREELEY CITY OF CITY HALL GREELEY, CO 80631 3 1 650.00 NESE 9 5 N 65 W S 13611F 1 62 GLYNN GERALD 1101 E 18TH ST GREELEY, CO 80631 3 1 200.00 42 24 NESE 9 5 N 65 W S 14057 1 62 SEALEY CART F RT 4 GREELEY, CO 80631 3 8 01/31/63 10.00 39 21 NESE 9 5 N 65 W S 14746R 1 62 CAMPBELL ANDREW & LILLIAN 1004 E 16TH ST GREELEY, CO 80631 3 1 10/23/74 1000.00 57 21 NESE 9 5 N 65 W S 14747R 1 62 CAMPBELL ANDREW & LILLIAN 1004 E 16TH ST GREELEY, CO 80631 3 1 10/23/74 1100.00 48 21 NESE 9 5 N 65 W S 20964 1 62 SMITH ALICE B 1977 17 AVE GREELEY, CO 80631 3 8 07/29/64 30.00 39 18 NESE 9 5 N 65 W S 27295F 1 62 GREELEY CITY OF 1700 CEDAR AVE. 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NN d.o. .a Y 4x,;444 g ''CJr^' 4 y� rg y Nr Y00 4 M O I', . � r � 1�511�1y�((J��i[Wy��1lWay5�l(W5bfyB�� * ��r .N444g ��1 �� _1201 a4 44444" N S 2 'LS2 S �J � �� tJg ®(� �� I dMI�j4 4§ Q ;Q iQQgipi1sd01ii i1;4 5q' � �pg$d 6 $ � 9i p�'7($$Nss NNssN C 0aa ��.� ol{nr t � 0 � , �I!'i s M I M M M M r N M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M N N M M M M M M M M M M O9 i EXHIBIT A , k65W a 1 51 e ' 33 a . 34 21 F 5 32 I ^� t 8 32 r ! .;C+ , , 76N v3�4- :" `° f 22 y T5N, Y i� j y .N tt t#,` • „y : 21 68 9 21 78 .V gi by . ' 0 y 22 +� 0 W yair 14 r 4 �^1a 1 NiC4M Rl 3 46 A� o .. ..V 32 RRR 9 1 51 I y 4 t 3 # 69 X 47 81 40 ry 9 , 4. V 7 3 t'10 3 68 rte: 3 z - � k t. ;` • �' 1 ',CACHE P� �'; } •.. 1 .� VE �t S't'd ;- c + • * , v v.u' r. { Z 'T+}3 � t liJ Nc7 1'=2000' TUTTLE APPLEGATE, INC,. SOILS MAP _ r= .4 Illesene ° 11990 Grant Street, Suite 410 i s Denver,Colorado 80233 (303)452-6611 930931 3—Aquolls and Aquents, gr. ily substratum. This 10—Bankart ndy loam, 0 to 3 percent slopes. This nearly level map unit is on bottom lands and flood plains is a deep, somewhat excessively drained soil on flood of all the major streams in the survey area. Aquolls, plains at elevations of 4,450 to 5,000 feet. It formed in which have a dark colored surface layer, make up about stratified recent alluvium along streams and rivers. In- 60 percent of the unit. Aquents, which have a lighter eluded in mapping are numerous sand and gravel bars colored surface layer, make up about 35 percent. About 5 and small areas of noncalcareous soils. percent is Aquepts and Bankard sandy loam. Typically the surface layer of this Bankard soil is These are deep, poorly drained soils that formed in brown sandy loam about 4 inches thick. The underlying recent alluvium. No one pedon is typical. Commonly the material to a depth of 60 inches is pale brown calcareous soils have a mottled, mildly alkaline to moderately a1- sand gratified with thin lenses of sandy loam, loam, and kaline loamy or clayey surface layer and underlying fine gravel. material and are underlain by sand or sand and gravel Permeability is moderately rapid. Available water within 48 inches. in places they have a gleyed layer in the capacity is low.The effective rooting depth is 60 inches or underlying material. more. Surface runoff is slow, and the erosion hazard is Most of the acreage is subject to flooding. The water low- table is at or near the surface early in spring and recedes. This soil is suited to limited cropping. It is sandy and to as deep as 48 inches late in fall in some years. I subject to flooding. Pasture is the best use. Tall wheat- These soils are used for rangeland and wildlife habitat. grass, tall fescue, and annual sweetclover are some of the most suitable crops. Light, frequent irrigation by furrows Some small areas have been reclaimed by major drainage and leveling and are used for irrigated crops. and flooding is best. Commercial fertilizer improves the The potential native vegetation is dominated by alkali amount and value of forage produced. i sacaton, switchgrass, and western wheatgrass. Saltgrass, The potential native vegetation is dominated by switchgrass, indiangrass, sand bluestem, sand reedgrass, sedge, rush, and alkali bluegrass are also prominent. ! sideoats grams, needleandthread, and blue grama. Much Potential production ranges from 3,000 pounds per acre in • of this range site includes other soils and vegetation in favorable years to 2,000 pounds in unfavorable years. As such a complex pattern that it is difficult to map them range condition deteriorates, the switchgrass, alkali separately. Potential production ranges from 2,500 pounds sacaton, and western wheatgrass decrease and saltgrass, per acre in favorable years to 1,500 pounds in unfavorable i sedge, and rush increase. years. As range condition deteriorates, the tall and mid Management of vegetation should be based on taking grasses decrease; blue grama, sand dropseed, and forbs half and leaving half of the total annual production. Seed- increase; and forage production drops. Undesirable weeds ing is difficult and costly because numerous tillage prac- and annuals invade the site as range condition becomes tices are required to eliminate the saltgrass sod.i poorer. Switchgrass, western wheatgrass, alkali sacaton, tall Management of vegetation should be based on taking wheatgrass, and tall fescue are suitable for seeding. They half and leaving half of the total annual production. Seed- can be seeded into a clean, firm seedbed. Seedbed ing is desirable only in areas large enough to interseed or preparation usually requires more than 1 year to to prepare a seedbed. Switchgrass, sand bluestem, sand eliminate the saltgrass sod. A grass drill should be used.I reedgrass, sideoats grams, little bluestem,blue grama,pu- Seeding early in spring has proven most successful. 1 bescent wheatgrass, and intermediate wheatgrass are Wetland wildlife, especially waterfowl, utilize this unit.i suitable for seeding. This soil can be seeded by using an The wetland plants provide nesting and protective cover, interseeder or a firm, clean sorghum stubble.A grass drill as well as some food. The nearby irrigated cropland, is required. Seeding early in spring has proven most suc- where wildlife obtain much of their food and find protec- cessfuL This soil is generally not suited to the establishment tive cover, makes this unit valuable to both wetland and openland wildlife. I and growth of trees and shrubs. Onsite investigation is Openland wildlife, especially pheasant, use this unit for needed to determine feasibility and possible tree and cover and nesting. Deer find excellent cover in some ! shrub species. Wildlife is an important secondary use of this soil. The areas. cropland areas provide favorable habitat for ring-necked These valuable wildlife areas ohould nbe protected from pheasant and mourning dove. Many nongame species can fire and fenced to should not tt encroachment and overuse by be attracted by establishing areas for nesting and escape' livestock.They shoulo t drained. cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- gravel. Capability subclass VIw; Salt Meadow range site. ment, especially in areas of intensive agriculture. Range- land wildlife, for example, deer and antelope, can be at- tracted by managing livestock grazing and reseeding where needed. This soil is not suited to urban or recreational develop- ment because of the flood hazard. Capability subclass IVw irrigated, VIw nonirrigated; Sandy Bottom land range site. I 930931 It should be noted that the county does have control over its own zoning and can zone and rezone land to any use as long as the use or the conditions of the use do not permit the erection of permanent structures upon, or otherwise permanently preclude extraction of commercial mineral deposits from the land subject said use. Thus the key to House Bill 1529 is the prohibition of uses which would preclude mining of the deposit by the construction of permanent structures on top of the deposit. FACTORS IN DETERMINING COMMERCIAL MINERAL DEPOSITS Having examined the existing information from the Colorado Geological Survey, the Weld County Mineral Extraction Plan, and the Soil Conservation Service and having reviewed the state law on preservation of mineral deposits, we can now compare this data to the factors outlined in the state law to determine the commercial value of the mineral deposit. Also TUTTLE APPLEGATE, INC. can contribute its experience in preparing mining . permits for several operations along this stretch of the Poudre River. From the above information and our working knowledge of other operations in the area, there is no doubt that this property contains a sand and gravel deposit. Further, this deposit is of high enough quality for use in asphalt, and general construction purposes. A subsurface drilling and testing program is not necessary to reach this conclusion. Further testing would have to be done to confirm that it could make specification aggregates to be used in concrete. It is suspected that concrete aggregates could be produced on the site, but would probably require extensive washing and careful quality control to the point of being uncompetitive with other producers located upstream from this site. From the experience of our firm, we can say that the area of greatest depth of deposit and also the area of least depth of overburden coincides with the 100-year floodplain of the Poudre River. In this vicinity, there are active permitted mine sites. Experiences with these sites indicate that within the 100-year floodplain, the depth of the sand and gravel deposit is from 12 to 20 feet and the depth of overburden is from 2 to 5 feet. These are economical ratios for mining to occur. In addition to the aggregate quality, there are other factors used in determining whether the deposit is indeed a commercial mineral deposit of significant or strategic value. These other factors include size, transportation access, impact on quality of life of residents and neighbors, contribution to the economic development of the area, and the economics of mining the deposit. -5- 930931 467 R65W A • 467O • T � ��' o o • O _ • .• • • •• BLISS 4666 ' I II .0 • 4669 •p° 4/ i • tI �� 4650 • • 100. YEAR FLOODP ` IN II a O ! • - / II li n• �- SITE • r r E • , ,i. / --,,,D a ilse,_42 -.. '..... ,„.i a ,. ..J .,/,_,,,irrijil • i l • -i� a6i' ti • +�• sr s II 'I- oF • 1? ll h N . r -.::: f .. u . 0 528 v N f1 M I O/LVv • ` - k it w r �• o ..n ..1, 'l� y F - V N.y 1`.-� M5WJ�.VA JL -== -..c .] ;i.rn_[ 4� 6II 3 s iI --_• • '� ��, 1'=1000' ,`� FLOODPLAIN J �TUTTLE APPLECATE; INC. fw.h.ne N t.nea.ett....rn o; INC. n 11990 Crant Street; Suite 410 MAP Denver,Colorado 80233 4.1 `1 4 (303N52-5617 9 0931 Access to the property is from a 500 foot long private gravel road that connects to 8th Street on the south side of the parcel. Using this road as the major access road for haul trucks would require extensive dust control or paving. The access to 8th Street would have trucks entering the roadway primarily heading east to state highway 85 which is located approximately 1,000 feet to the west. No traffic analysis was done to determine if any lane improvements would be necessary to reduce conflicts with existing traffic on 8th Street. There were some wetlands that were observed on the site. A rough estimate was made that these wetlands are between 1/2 acre and one acre in size. A wetlands delineation would have to be performed if mining were done. In the event that theses wetlands were greater than one acre in size, a 404 permit would have to be obtained from he U.S. Army Corps of Engineers. An alternative would be to mine around the wetlands and leave them intact which would reduce the gravel deposit by at least five percent. The site does not lend itself well to a permanent sand and gravel operation. A plant site and stockpile area would require at least 5 acres of the parcel. Setbacks from existing uses would remove an additional 2 acres of minable reserves. Because of the access problems, impacts to neighbors, actual size of the minable deposit on this site is 12 acres. -6- 930931 CONCLUSIONS The site does contain sand and gravel deposits suitable for asphalt, and general construction purposes. The location of the economically recoverable reserve lies within the 100-year floodplain of the Poudre River. Beyond the limit of the floodplain, the depth of overburden becomes too great to allow for economical recovery. In considering the other factors necessary to designate a commercial mineral deposit according to State law, problems with this deposit arise. The extent of the deposit is limited in size to less than 20 acres. Typically, a commercial gravel operation would not bother with a property of this size without the opportunity to amend additional area into the permit for future expansion. There does not appear to be any opportunity for acquiring additional property in this particular area. In order to justify up-front costs for permitting and development, an acreage larger than 20 acres is required. This size of property would only be attractive for a portable operation that had a project in the immediate area that would make the haul distance competitive. The material would either be used as road base or asphalt. The only way asphalt would be made from this property would be to locate a portable asphalt batch plant on the site as a temporary use. Recent permits along the Poudre River are much larger. Most of the permits located on the west side of Greeley are several hundred acres in size. Bucklen Equipment Company recently amended their existing mining permit to include an additional 35 acres into a mine site that was originally 40 acres in size. This pit is mainly used to supply pit run material. Because of the above factors, it is the opinion of TUTTLE APPLEGATE that this sand and gravel deposit is not now commercially feasible and may not be commercially feasible to mine in the future. Its designation as a commercial mineral deposit according to the definitions in the State law is questionable. We understand that road improvements and ownership patterns can change in the future and this property may be more available for mining. Our firm cannot explicitly state that the mining of this property will never be commercially feasible. It is our understanding that the proposed project would locate a small office facility on site with the remainder of the site being used as pipe storage. This type of use would not preclude the future use of the property for a sand and gravel mine. Our understanding of the state law does allow the entire property to be zoned industrial with a condition that no permanent structures be built upon the ground which would otherwise permanently preclude the excavation of the mineral deposit if it does become of commercial value in the future. We believe the proposed use does meet this condition and could be allowed. -7- 90931 LA D C 0. 814 14th Street, Greeley, Colorado 80831 a ` Professional SaleNManagemeVCounseling GR1 DiGary R. Getman, Broker t�3 3314433 Nit August 10, 1993 RE: Z-480 (Weld County) Ted Rothe Rezone 20 Acres Dear Jeffrey Hynes, Please find enclosed a letter from Neil Sherrod of Empire Laboratories Inc., a copy of an adjacent property and business owner survey, (75-80% oppose) and a copy of our mineral narrative submitted prior to the July 20th Weld County Planning Commission meeting. We have employed Michael Applegate of Tuttle-Applegate Inc. to address in further detail both the economics of extraction specific to this site, and the land use issues. This analysis is currently in progress and hopefully will be available on or before August 18, 1993. I shall be forwarding a copy to your office as soon as it is available. • . . incere T ks, . Gettman r�� cqtr \l1h1 t t=, Weld County Planning to 9309311 //L03ORATO Empire Laboratories, Inc. /W 9- A Division of The Terracon Companies, Inc. N P.O. Box 503 • 301 No. Howes �� .O Fort Collins, Colorado 80522 P$ , 6mt.' (303) 484-0359 ' sad°° FAX No. (303) 484-0454 July 20, 1993 Chester C. Smith, P.E. Neil R. Sherrod,C.P.G. Mr. Ted Rothe c/o Travois Land Company 614 14th Street Greeley, Colorado 80631 (Z-118°) Re: Rothe Rezone No. 2480 Greeley, Colorado ELI Project No. 20935190 Dear Mr. Rothe: At your request Empire Laboratories, Inc. has evaluated the potential for economic minerals at the above-referenced property. The site is located approximately 1,000 feet east of Highway 85, east of Greeley, Colorado. More particularly, the site is described as two 10-acre tracts of land described as Lot 1 in the Northwest 1/4 of the Southwest 1/4 of Section 4, Township 5 North, Range 65 West and Lot 4 in the Southwest 1/4 of the Northwest 1/4 of Section 4, Township 5 North, Range 65 West of the Sixth P.M., Weld County, Colorado. The site lies approximately 1/4-mile north of the Cache La Poudre River. The area is located within the Colorado Piedmont section of the Great Plains physiographic province. The Colorado Piedmont, formed during Late Tertiary and Early quaternary time (approximately 2,000,000 years ago), is a broad, erosional trench which separates the Southern Rocky Mountains from the High Plains. Structurally, the site lies along the western flank of the Denver Basin. During the Late Mesozoic and Early Cenozoic Periods (approximately 70,000,000 years ago), intense tectonic activity occurred, causing the uplifting of the Front Range and the associated downwarping of the Denver Basin to the east. Relatively flat uplands and broad valleys characterize the present-day topography of the Colorado Piedmont in this region. The site is underlain by the Cretaceous Laramie Formation. The bedrock is overlain by valley fill deposits of Pleistocene and/or Recent Age. Based on available geologic literature, it is estimated bedrock underlies the site at depths of 60 to 70 feet. The depth of the gravel deposits in adjacent areas vary anywhere from 12 to 86 feet. Based on our general knowledge of the area and available geologic literature, the gravel deposits should consist of sands, gravels, interbedded with silt and clay layers. Cobbles varying in size up to 6 inches in diameter may be encountered within the gravel stratum. Minor amounts of gravel are being mined by a local construction company to the north of the site, and several gravel pits are located southeast of the property. Based on the geology of the area and our general knowledge of the subsurface conditions in the area, it is our opinion that deposits of good quality sand and gravel probably underlie the project site. In view of the small size of the property, these deposits may or may not be of economic - Offices of The Terracon Companies, Inc. Geotechnical,Environmental and Materials Engineers Arizona. Tucson • Colorado: Colorado Springs, Denver, Ft.Collins.Greeley, Longmont • Idaho: Boise • Illinois. Bloomington, Chicago. Rock Island • Iowa. Cedar Falls,Cedar Rapids, Davenport, Des Moines, Storm Lake a Kansas: Lenexa.Topeka, Wichita • Minnesota: St. Paul • Missouri Kansas City ■ Nebraska: Lincoln,Omaha • Nevada. Las Vegas • Oklahoma: Oklahoma City,Tulsa • Texas: Dallas • Utah: Salt Lake City • Wyoming'. Cheyenne QUALITY ENGINEERING SINCE 1965 930931 ' Terracon Mr. Ted Rothe Page 2 July 20, 1993 value depending on the thickness of the gravel and overburden. These thicknesses should be verified by test borings drilled on the site to accurately determine the amount of overburden and the quantity and quality of the gravel encountered. The Cretaceous Laramie Formation consists of interbedded silty sandstone, siltstone and carbonaceous shales. Portions of the Laramie Formation south of the area contain coal beds. These deposits are located with the Boulder-Weld Coal Field located south of the property. To our knowledge, there are no economical coal beds in the Laramie formation in the Greeley area. Geologic conditions at the site are such, in our opinion, that economic deposits of quarry rock or limestone are not present on the property. If you have any questions regarding our evaluation of mineral deposits on the site, please do not hesitate to contact us. !'' Very truly yours, EMPIRE LABORATORIES, INC. (( a Rii'G J j A Division of The Terracon Companies, Inc --/ r �' Neil R. Sherrod Senior Engineering Geologist +^ Reviewed by: w H , Chester C. Smith, P.E. Division Manager cic 930931 Adjacent Business Survey RE: Z-480 Ted Rothe Rezone 20A We the undersigned business managers or owners feel that an open cut mine for gravel extraction on the site referenced above would not be the highest and best use nor would it be compatible with surrounding users. Napa Address a _e_A•eit 7s, 3-n/ --t---- , ( '___ -ii; cccx,,,,,fr,`�` t1--t-..-lees is Jai Ci . fl / lk 6 1V 3,0 E. et-4. sr e', r/(� CIS vneeN Pivn6i,04 sdthY /Di Ec,-,- y .(:‘, iPe, ,,P/�G 3, SA4 iiS,-(p s� se'«v :: (� (� KoNe t.\L .\vnL - So IC�JtL ;. cq- ry ,\ c\ v s-7-7 �? ,(/ -T—R:c;Wl flc . ytr" pree(er Co . C3Z.. A 27 Cpl s�� a spy s I n eel "!6 " r- Oil rLI/A/ 4�s 4, 6, cL7 r? �¢le .T1-c7.zTZ / F,4;p sorv,r.e. -Ii-i 3 ' ` o?VO Pi Au< atec.lt . Ca 63j 930131 s DATE: September 15, 1993 CASE NUMBER: Z-480 NAME: Ted Rothe ADDRESS: 1847 26th Avenue Court, Greeley, CO 80631 REQUEST: Change of Zone from C-1 (Neighborhood Commercial) to I-2 (Industrial) . LEGAL DESCRIPTION: Lot 1 of the NW4 SW4 and Lot 4 of the SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the City of Greeley, approximately .25 miles east of State Highway 85 and 500 feet north of State Highway 263. 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 21.7 of the Weld County Zoning Ordinance except for Sections 21.7.1.3 and 21.7.3. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 21.6.2 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary goals and policies. The City of Greeley Planning Commission indicated that the proposal complies with the City's Comprehensive Plan. The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses. Adequate water and sewer service can be made available to serve the uses permitted within the proposed I-2 zone district. Existing street and highway facilities which provide access to the properties are adequate to meet the requirements of the uses which would be allowed in the I-2 zone district. The proposed rezoning property does not contain a commercial mineral deposit as demonstrated in the application materials submitted subsequent to the Weld County Planning Commission hearing. Mr. Jeff Hynes with the Colorado Geological Survey, in his letter dated September 13, 1993, indicates that the property does not contain a commercial mineral deposit. EX- h.: b t 930931 RECOMMENDATION, Z-480 Ted Rothe Page 2 The applicant has shown that soil conditions on the site that present moderate or severe limitations to the construction of structures or facilities proposed for the site can be overcome prior to the development of the property. The property is located in the Airport and Flood Hazard Overlay Districts. No other overlay districts affect this site. 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. No objections from surrounding property owners were received. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant shall submit a certified boundary survey and rezoning plat as required under Sections 21.7.1.3 and 21.7.3 of the Weld County Zoning Ordinance. The rezoning plat and recording fee shall be submitted to the Department of Planning Services. 2. Prior to recording the rezoning plat, the following notes shall be placed on the rezoning plat: The uses on the property shall be operated in compliance with the Weld County Airport Overlay District requirements. The uses on the property shall be operated in compliance with the Weld County Flood Hazard Overlay District requirements. - A Site Plan Review is required for uses on the property in accordance with Section 23 of the Weld County Zoning Ordinance. All septic systems shall be designed by a Colorado Registered Professional Engineer in accordance with the Weld County Individual Sewage Disposal Regulations. Individual Sewage Disposal System permits shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application dated. This property shall be served by a public water supply. 930931 RECOMMENDATION, Z-480 Ted Rothe Page 3 All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 930931 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 # Z-480 THE SIGN WAS POSTED BY: Gary Gettman NAME OF PERSON POSTING SIGN C,K adz SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS 5th DAY OF September , 19 93 SEAL L � NOTARY IC 4 MY COMMISSION EXPIRES June 25, 1997 LAST DAY TO POST SIGN IS: September 5 , 19 93 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. I SEP 1 3 1993 t - Weld Pannty Planning 930931 GE0L0CICAL SURVEY TEI No . Sep 13 ,93 15 :42 No .004 P .02 _ STATE OF COLORADO COLORADO GEOLOGICAL SURVEY .^'. Division of Minerals and Geology Department of Nal isl Resources �'-� i• 1311 Sherman Street,Rm.715 Denver,Colorado 80203 Phone(303)866-2611 FAX(303)066-2461 RoY Rmxr fnvwnrc ken Salazar Eseeutive director Michael It.Eong Division Dlretror Ytckt Cow.n State Geologui and director September 13, 1993 WE-93-0014.1 Mr. Chuck Cunliffe: Weld County Planning 1400 N. 17th Avenue Dear Mr. Cunliff: Re: Ted Rothe Property-Mineral Evaluation We have recieved and reviewed the report by Mike Applegate regarding the commerciality of the sand and gravel resource on the above referenced property. We concur with the general findings that: 1. The quality of the deposity is sufficiently good to make it a potential aggregate resource. 2. The size of the parcel is too small to constitute an economic deposit at this time or in the near future, and 3. The proposed uyse does not represent a long-term impediment to commercial extraction in the future, should the deposit become commercially feasible. Yours very truly 4Aueva____ Jeffrey L es Senior Engineering Geologist 0EC IV JH:B:\dln 14 %993tiV ' pt,t manly Planning SEP 13 '93 15:47 PAGE.002 930931 Z00'39tld 2090 6L6 £02 60:TT £6. 8Z d3S ' NY oE..., DEPARTMENT OF THE ARMY l� mow., /fit �,,:, CORPS OF ENGINEERS.OMAHA 095TRICT "y �~c,, � TM-LAKES PROJECT OFFICE,9307 STATE HWY 12 L. 1 b u, LITTLETON.COLORADO 80123-6901 eti It\ 4, B AINTIOcn Or September 28, 1993 'a,, ser` Mr. Ted Rothe 1847 26th Avenue Court Greeley, Colorado 80631 RE: Nationwide Permit No. 199380628 Dear Mr. Rothe: Reference is made to your September 23, 1993 site visit with Mr. Terry McKee of this _ office which concerns the filling of approximately 0.03 acre of wetland located east of Highway 85 and north of 8th Street in Greeley at Section 4, Township 5 North, Range 65 West, Weld County, Colorado. Based on the information you provided,this office has determined that your work within Colorado can be authorized by the Department of the Army Nationwide Permit found at 33 CFR Part 330 Appendix A, (B)(26). Enclosed is a fact sheet which fully describes this Nationwide Permit and lists the General and Section 404 only conditions which must be adhered to for this authorization to remain valid. Although an Individual Department of the Army permit will not be required for the project, this does not eliminate the requirement that you obtain any other applicable federal, state or local permits as required. Please note that deviations from the original plans and specifications of your project could require additional authorization front this office. You are advised that this verification of the nationwide permit authorization is valid until September 28, 1995. Prior to any other work within the remaining wetlands at this site, this office should be contacted for further Department of the Army permitting requirements. If you have any questions concerning this determination, please feel free to contact Mr. Terry McKee of my staff at (303) 9794120 and reference Nationwide Permit action ID 199380628 and Weld County. Sincerely, /of T' Carey Project ager Enclosure _ Copies Furnished: o EEEIVEI U.S. Fish&Wildlife SEP 2 8 1993 Colorado Department of Health Pleasing Environmental Protection Agency Weld COM Colorado Division of Wildlife 930931 ZO'd 8L60TS£T Ol 3JIdd0 meld S3Ndl-INl woad OT:ZT £661-8Z-d3S SEP-29-93 WED 8:53 P. 03 , MEmoRAt1DUm TO FILE DM* September 20, 193 COLORADO Trevor .7iricek, Solid & Waste Specialist pram Ted Rothe, contaminated soil Subject At the request of the Weld County Planning Department I met with Ted Rothe and observed his property located north of 8th Street just east of the Highway 85 bypass. According to Mr. Rothe the concern of his neighbors and the Planning Department is that previous activities on his property have contaminated the soil og water at this location, specifically contamination from hydrocarbons. On September 17, 1993, I observed the property in question. I observed several small, minor areas of what appeared to be petroleum soil. The soil did have a petroleum odor. There were approximately 5 separate areas where stained soil was observed, I would estimate that a total of approximately 200 square feet of shallow (2-3 inches) soil contamination has occurred. Mr. Rothe stated that he will remove all stained soils and dispose in an approved facility. He may on a temporary basis store the soil on a plastic liner and cover. Mr. Rothe will then contact me to observe the site. • SEP 29 ' 93 9:55 PAGE . 003 9 7:0931. SEP-29-93 WED 8;53 P. 02 • mEmoRAnDum Chuck Cunliffe, Planning Dept September 29. 1993 . • 0,, � To COLORADO Trevor Jiricek, Environmental tal Protection Services,( Wit/ From \ Subject: Ted Rothe, Contaminated Soil In a follow-up to my inspection of September 17, 1993, at the request of Ted Rothe, I observed his property located north of 8th Street, just east of the Highway 85 bypass, Greeley, Colorado_ According to Mr. Rothe, all of the contaminated soil in question had been removed and was stored on plastic liners on site. However, I visually observed stained soil and using olfactory senses I detected what seemed to be petroleum _ contamination still in place. I contacted Mr. Rothe and informed him that from my observation that all of the contaminated soil has not yet been removed. Mr. Rothe stated that he will remove all remaining contaminated soil and temporarily store it on plastic pending removal and disposal in an approved facility. Mr. Rothe has been very cooperative in removing the contaminated soil and appears to be near completion oeremoval. This contamination should be considered minor. The Division does not feel that this site is animminent public health hazard, however, it does warrant cleaning up. In addition, the Division does not feel that this situation is severe enough to delay Mr. Rothe's rezoning process. "lit G� !' `eAt.' • 019 rd. a SEP 29 ' 93 9: 54 PQ•�-� 11 OFFICE OF BOARD OF COUNTY COMMISSIONERS ' ^_ " PHONE(303)356-4000, EXT.4200 "lige '.__. .. .:: �1FAX(303)352-0242 P.O. BOX 758 GREELEY,COLORADO 80632 COLORADO July 28, 1993 Ted Rothe 1847 26th Avenue Court Greeley, CO 80631 Dear Mr. Rothe: Your application for a Change of Zone from C-1 (Neighborhood Commercial) to I-2 (Industrial) , Case Number COZ-480, has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as Lot 1 of the NW SW* and Lot 4 of the SW4 NW* of Section 4, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by Monday, August 30, 1993. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO �e o E C Eli Constance L. Harbert, Chairman AUG 1 9 1993 CH: ld WOO! ^Rsty Plannino , do hereby request the Board of County Commissioners to review the above mentioned application. 9'30931 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 20, 1993 A regular meeting of the Weld County Planning Commission was held July 20, 1993; T in the County Commissioners' Hearing Room (Room {101) , Moved from Room 350 as,� originally scheduled, Weld County Centennial Building, 915 Tenth Street, Greeley. _ Colorado. The meeting was called to order by the Chairperson, Judy Yamaguchi at' 1:32 p.m. Tape 441 Roll Call Richard Kimmel Present Jean Hoffman Present Tom Rulon Absent Bill O'Hare Absent Judy Yamaguchi Present Juliette Kroekel Present Don Feldhaus Absent Shirley Camenisch Present Bud Clemons Present Also present: Chuck Cunliffe, Director; Gloria Dunn, Current Planner; Department of Planning Services; Bruce Barker, County Attorney; Lee Morrison, Assistant County Attorney; John Pickle, Director, Weld County Health Department; Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission, held on July 6, 1993, was approved as read. CASE NUMBER: Z-480 (Continued from July 6, 1993, regular meeting) . APPLICANT: Ted Rothe REQUEST: A Change of Zone from C-1 (Neighborhood Commercial) zone district to I-3 (Industrial) zone district. LEGAL DESCRIPTION: Lot 1, NW4 SW4 and Lot 4, SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the City of Greeley; approximately 1/4 mile east of State Highway 85 and 500 feet north of State Highway 263. Gary Gettman, representative for Ted Rothe, applicant, explained the parcel consists of 20 acres that is actually two separate 10 acre parcels that go back to the beginning of the old Union Colony Subdivision. The parcel is currently zoned C-1 and our position is that this was definitely faulty zoning. Because of the faulty zoning, Mr. Rothe has not been able to appropriately use the property which makes it difficult to market. The continuance was to allow time to address Weld County Engineering' s concern regarding access. This has been resolved. A letter was received from Colorado Geological Survey that has prompted the County' s recommendation for denial. The County states the mineral E cr v 930931 C / 4q3 /7/ / h SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 20, 1993 Page 2 issue has not been adequately addressed and zoning requirements and building application requirements have not been met. The Ordinance requires a geologists opinion on the existence of minerals on this property. The packet the Planning Commission members received has a letter from the Colorado Geological Survey, submitted as part of our evidence, paid for by Mr. Ted Rothe in the amount of $330.00. Colorado Geologic Survey is responsible for review final decisions on mineral issues, not the County. A log of core borings has been submitted as part of the mineral narrative and is referenced in the CSG letter. We are not in a position to dispute minerals beneath this property, but land-use issues should be the applicant' s only concern. Industrial and light commercial uses are compatible with the surrounding land uses. Shirley Camenisch asked if the applicant plans to pursued mining permits. Gary Gettman said no, this location is not suitable for a gravel pit operation. Discussion followed regarding gravel operations. Chuck Cunliffe stated the issue is not whether or not there's gravel under the property, it's whether or not it's a commercial mineral deposit. Staff has attempted to work with the applicant and has even suggested a second continuance to allow him time to get a certified geologist or a qualified expert to provide the information that the Ordinance requires . The applicant has been unwilling to do this . The additional information submitted July 19, 1993, has not been reviewed by the Colorado Geological Survey. Mr. Gettman chose to proceed. The staff's interpretation of the Ordinance is you need to have a certified geologist or a qualified expert to determine whether or not a commercial mineral deposit exists. Chuck Cunliffe disagreed with the applicant, this location could be made compatible, the property adjacent to the east side is a gravel operation. There are other gravel operations near residential areas throughout the County that have been made compatible. Lee Morrison explained the provision the Planning Commission is dealing with is one of statutory requirement that prevents the County by zoning, rezoning, granting a variance or other official action permit the use of an area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such a deposit by an extractor. This is a requirement that has been in effect and imposed on the Counties in the Front Range since 1972 or 1973 . 930931 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 20, 1993 Page 3 Juliette Kroekel stated we have to get back to the basics and the applicant has referred to the Colorado Geological Survey letter several times and as I read it, it says: Given the quality of the resource as shown on the report on the sewage treatment plant to the south and the presence of an existing sand and gravel operation on adjacent property to the east, we believe there is some potential for a high quality resource to be obscured by this zone change and the issue needs to be addressed in more detail, prior to any County ruling on this zone change. Juliette said what the staff is trying to do is get as much information as possible. She doesn' t see the applicant providing this information. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. Lois Monroe stated she would like to purchase this property to use as an oil field recondition facility with a 1/2 million in gross income and 5 to 10 employees. The business they currently own is on property that is too small and they would like to expand. Bud Clemons moved Case Number Z-480, Ted Rothe, be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval for a Change of Zone from C-1 to I-2, contingent upon the applicant providing information from a certified geologist as to the quality, quantity, etc. , of that gravel deposit. Jean Hoffman seconded the motion. Chuck Cunliffe asked for clarification on the motion. Bud Clemons explained the only reason that staff gave to deny, was the gravel issue. Chuck Cunliffe said the recommendation for denial was based on the gravel issue and noncompliance with the Comprehensive Plan and the Zoning Ordinance. COMMENT: It is not prudent for any individual to ask any government entity to violate any law, and I think that' s basically what the applicant has asked staff and of this commission. Lee Morrison commented a recommendation for denial would have basically the same affect. It still would be scheduled and sent to the Commissioners and the Commissioners could still reverse your decision if evidence is more detailed than what has been presented today. Chuck Cunliffe explained the recommendation for denial would be a faster approach for the applicant. 930931 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 20, 1993 Page 4 The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - no; Jean Hoffman - yes; Judy Yamaguchi - no; Juliette Kroekel - no; Shirley Camenisch - no; Bud Clemons - yes . Motion failed. COMMENTS: Judy Yamaguchi - I strongly support the staff's recommendation based on the fact that we do need the proper information in order to be more prudent, at least in my decision making. Juliette Kroekel - Set procedures have to be followed in order to do this correctly. Juliette Kroekel moved Case Number Z-480, Ted Rothe be forwarded to the Board of County Commissioners with the Planning Commissions recommendation for denial. Richard Kimmel seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - no; Judy Yamaguchi - yes; Juliette Kroekel - yes; Shirley Camenisch - yes; Bud Clemons - no. Motion carried 4 to 2. CASE NUMBER: Amended USR-926 APPLICANT: Don Hoff REQUEST: A Site Specific Development Plan and an Amended Special Review permit for recreational vehicle storage in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 of Section 10, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: 3/4 mile east of the City of Greeley on East 16th Street. Don Hoff, Attorney, explained the original Use by Special Review permit was approved in 1990. The applicant originally farmed the property and sold it to a gravel operation for better economic use. There are 4.5 acres remaining that would allow 17 spaces to be used as covered recreational vehicle storage and an additional residence for an older parent. This application will be compatible with surrounding properties. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 93O93A SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 6, 1993 A regular meeting of the Weld County Planning Commission was held July 6, 1993 in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Chairperson, Judy Yamaguchi at 1:43 p.m. Tape 440 Roll Call Richard Kimmel Present Jean Hoffman Absent Tom Rulon Present - Bill O'Hare Present Judy Yamaguchi Present Don Feldhaus Present Juliette Kroekel Absent Shirley Camenisch Absent Bud Clemons Absent ' Also present: Greg Thompson, Current Planner, Gloria Dunn, Current Planner, Department of Planning Services; Lee Morrison, Assistant County Attorney; Becky Schoenfeld, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on June 15, 1993, was approved. CASE NUMBER: Z-480 APPLICANT: Ted Rothe REQUEST: A Change of Zone from C-1 (Neighborhood Commercial) to I-3 (Industrial) . - -- - LEGAL DESCRIPTION: Lot 1 of the NW4 SW4 and Lot 4 of the SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the City of Greeley, approximately .25 miles east of State Highway 85 and 500 feet north of State Highway 263. Greg Thompson asked the Planning Commission to continue case number Z-480 until the July 20, 1993, Planning Commission Meeting in Room 350, at 1:30 p.m. The Applicant needs more time to review comments by the Colorado Geological Survey about mineral deposits on the site and to address concerns by the Weld County Engineering Department. f h O 930931 PLANNING COMMISSION MINUTES July 6, 1993 Page 2 Judy Yamaguchi Chairperson asked the Planning Commission members if there were any concerns with granting a continuance. No members had concerns with the continuance. Case Z-480 was continued until July 20, 1993. CASE NUMBER: Z-477 NAME: Weld County Board of County Commissioners ADDRESS: 915 10th Street, Greeley, Colorado 80631 REQUEST: A Change of Zone from R-1 (Low Density Residential) to A (Agricultural) . LEGAL: Part of the N2 of Section 15, part of the SW4 of Section 10, and part of the NE4 of Section 16, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles east of the City of Greeley. Greg Thompson stated this case was continued from June 1, 1993. The main concern was discussing this proposed zone change with the City of Greeley. This zone change was initiated by the property owners in the effected area. A survey was sent out by Brian Grubb, Current Planner. The results of the survey showed 29 owners were in favor of a zone change, 6 owners wanted the zoning to stay the same, and 2 owners had no preference. The City of Greeley Planning Commission met on this rezone issue and voted 6-0 to deny the rezone. Greeley was concerned about agricultural uses and oil and gas production that would be allowed if a change of zone was approved. They feel this area could be leap-frog development. There will be a sewer system installed by 1995 in part of the rezone area. The City of Greeley and Weld County Planning Department met and considered a compromise that would leave Greeley's mid-range expected service area as R-1 (Low Density Residential) zoning, and change the rest of the area to A (Agricultural) zoning. The Chairperson asked if there was anyone in the audience who would like to speak for or against the application. Richard Oster, surrounding property owner, stated he was concerned about the area around Fern Avenue. He was concerned about the easement and roadways. Judy Yamaguchi stated that he should get in touch with Greg Thompson at a later date to discuss these issues. 930931 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Juliette Kroekel that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Z-480 NAME: Ted Rothe ADDRESS: 1847 26th Avenue Court, Greeley, CO 80631 in REQUEST: Change of Zone from C-1 (Neighborhood Commercial) to I-2 (Industrial) . LEGAL DESCRIPTION: Lot 1 of the NW4 SW4 and Lot 4 of the SW4 NW4 of Sec't,i°on 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the City of Greeley, approximately .25 miles east of State Highway 85 and 500 feet north of State Highway 263. be recommended unfavorably because the applicant has not met the application submittal requirements of Section 21.7.4.9 of the Weld County Zoning Ordinance. The Colorado Geological Survey in its letter dated July 6, 1993, has indicated that there is a high quality resource (gravel) located under the property. The applicant has not provided a mineral resource statement prepared by a certified geologist or other qualified expert. The Zoning Ordinance requires that the submitted mineral resource statement indicate the estimated quantity of resource (gravel) and the economic feasibility of recovery, now and in the future, of the resource so that the Planning Commission and Board of County Commissioners can determine whether a commercial mineral deposit is contained on or under the subject property. A Mineral Narrative Addendum was submitted by the applicant' s representative on July 19 to the Planning office. The addendum was not prepared by a certified geologist or qualified expert on mineral resources. It is the opinion of the Planning Commission that the applicant has failed to show the burden of proof that the change of zone is in compliance with Section 21.5.1.5.2 of the Weld County Zoning Ordinance. The applicant has failed to show in the submitted application materials that a commercial mineral deposit does not exist on the property. It is the opinion of the Planning Commission that the proposal is not in compliance with the Mineral Resource Policy #1 in the Weld County Comprehensive Plan. The policy states: "Access to future mineral resource development areas shall be considered in all land-use decisions in accordance with Colorado State Law. No Weld County governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. " 5X12.4,4;t !? 93093A RESOLUTION, Z-480 Ted Rothe Page 2 The applicant has failed to show that a commercial mineral deposit does not exist on the property in the submitted application materials. Until demonstrated by a certified geologist or qualified expert, no County action of any kind should be taken that would interfere with any future extraction of the commercial mineral deposit on the property. Finally, the applicant's Mineral Narrative Addendum doesn' t dispute the existence of the commercial mineral deposit, nor does it address the Mineral Resource Policy #1 in the Weld County Comprehensive Plan. It states reasons why a mining operation would not be compatible with the surrounding area. The staff does not believe that this information is relevant. The application under consideration is for a change of zone and not a mining operation. Motion seconded by Richard Kimmel. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Judy Yamaguchi Bud Clemons Juliette Kroekel Shirley Camenisch The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on July 20, 1993. ahe$ fJlYl993. Secretary 3 90931E ADDITIONAL COMMENTS Ted Rothe Z-480 1. The applicant submitted a letter dated July 1, 1993, indicating that the zoning classification being originally requested be changed from I-3 to I-2. The applicant has been advised of the screening requirements for the I-2 zone district. 2. The applicant's representative submitted the Mineral Narrative Addendum during the morning of July 19 to the staff. A copy was faxed to the Colorado Geological Survey by the applicant's representative. No response has be received from the Colorado Geological Survey on the Mineral Narrative Addendum. The Colorado Geological Survey, in its letter of July 6, 1993, indicated that the mineral resource issue needed to be addressed in more detail prior to any County ruling on the rezoning request. The Planning staff suggested a second continuance to allow the applicant to meet the submittal requirements of Section 21.7.4.9 of the Weld County Zoning Ordinance and receive a response from the Colorado Geological Survey. The applicant's representative choose to proceed with the Planning Commission hearing knowing that the staff' s recommendation would be for denial. 909aj INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Ted Rothe Case Number: Z-480 Submitted or Prepared Prior IQHearing Att Hearinv 1. Application 30 pages X 2. Application plat 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. Referral response from Greeley Weld County X Airport Authority, dated June 9, 1993 11. Referral response from Western Hill Fire X Protection District, dated June 21, 1993 12. Memorandum, dated June 22, 1993, from John X Pickle, Weld County Health Department 13. Memorandum, dated June 18, 1993, from Don X Carroll, Weld County Engineering 14. Referral response from Colorado Department of X Transportation, dated June 20, 1993 15. Mineral Narrative Addendum, received July 19, X 1993 16. Letter, dated July 6, 1993, from Colorado X Geological Survey 17. Affidavit of Publication 18. Letter, dated June 30, 1993, from City of Greeley X 19. Letter, dated July 1, 1993, from applicant X I hereby certify that the 19 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 July 27, 1993. Chuck Cunl f e, Director STATE OF COLORADO ) COUNTY OF WELD "r7/ SUBSCRIBED\ & SWORN Va.BEFORE ME THIS c day of 1915 SEAL 7 ir `• .J 43 ` . 4 LPBLIC My Cormiristiou'E r0IMPlik a 1, n„nr. 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Z. 9?0931 DATE: July 20, 1993 CASE NUMBER: Z-480 NAME: Ted Rothe ADDRESS: 1847 26th Avenue Court, Greeley, CO 80631 REQUEST: Change of Zone from C-1 (Neighborhood Commercial) to I-2 (Industrial) . LEGAL DESCRIPTION: Lot 1 of the NW4 SW4 and Lot 4 of the SW4 NW4 of Section 4, TSN, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the City of Greeley, approximately .25 miles east of State Highway 85 and 500 feet north of State Highway 263. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: The applicant has not met the application submittal requirements of Section 21.7.4.9 of the Weld County Zoning Ordinance. The Colorado Geological Survey in its letter dated July 6, 1993, has indicated that there is a high quality resource (gravel) located under the property. The applicant has not provided a mineral resource statement prepared by a certified geologist or other qualified expert. The Zoning Ordinance requires that the submitted mineral resource statement indicate the estimated quantity of resource (gravel) and the economic feasibility of recovery, now and in the future, of the resource so that the Planning Commission and Board of County Commissioners can determine whether a commercial mineral deposit is contained on or under the subject property. A Mineral Narrative Addendum was submitted by the applicant' s representative on July 19 to the Planning office. The addendum was not prepared by a certified geologist or qualified expert on mineral resources. It is the opinion of the Department of Planning Services' staff that the applicant has failed to show the burden of proof that the change of zone is in compliance with Section 21.5.1.5.2 of the Weld County Zoning Ordinance. The applicant has failed to show in the submitted application materials that a commercial mineral deposit does not exist on the property. It is the opinion of the Department of Planning Services' staff that the proposal is not in compliance with the Mineral Resource Policy #1 in the Weld County Comprehensive Plan. The policy states: "Access to future mineral resource development areas shall be considered in all land-use decisions in accordance with Colorado State Law. No Weld County governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. " 92.0931 RECOMMENDATION, Z-480 Ted Rothe Page 2 The applicant has failed to show that a commercial mineral deposit does not exist on the property in the submitted application materials. Until demonstrated by a certified geologist or qualified expert, no County action of any kind should be taken that would interfere with any future extraction of the commercial mineral deposit on the property. Finally, the applicant's Mineral Narrative Addendum doesn' t dispute the existence of the commercial mineral deposit, nor does it address the Mineral Resource Policy #1 in the Weld County Comprehensive Plan. It states reasons why a mining operation would not be compatible with the surrounding area. The staff does not believe that this information is relevant. The application under consideration is for a change of zone and not a mining operation. 930931 ADDITIONAL COMMENTS Ted Rothe Z-480 1. The applicant submitted a letter dated July 1, 1993, indicating that the zoning classification being originally requested be changed from I-3 to I- 2. The applicant has been advised of the screening requirements for the I-2 zone district. 2. The applicant's representative submitted the Mineral Narrative Addendum during the morning of July 19 to the staff. A copy was faxed to the Colorado Geological Survey by the applicant' s representative. No response has be received from the Colorado Geological Survey on the Mineral Narrative Addendum. The Colorado Geological Survey, in its letter of July 6, 1993, indicated that the mineral resource issue needed to be addressed in more detail prior to any County ruling on the rezoning request. The Planning staff suggested a second continuance to allow the applicant to meet the submittal requirements of Section 21.7.4.9 of the Weld County Zoning Ordinance and receive a response from the Colorado Geological Survey. The applicant's representative choose to proceed with the Planning Commission hearing knowing that the staff' s recommendation would be for denial. 93093i Mineral Narrative ?Addendum 0 E C LIV E RE: Ted Rothe Rezone Z-480 JUL 191993 I cannot dispute the alleged existence of commercial mineral deps�� under the subject 20 acre parcel, although will still maintain that t id Dimity Planning gravel is of a lower quality aggregate, a mix of sand, silt, gravel and 2 to 3 inch cobbles. The adjoining gravel pit referenced in the letter from CGS is owned by Loloff Construction. This pit is not actively operating and according to owner Ed Loloff is not economical, because of market saturation and aggregate specification which require milling to create a saleable resource. The size of this parcel also directly effects the economic feasibility of mineral extraction. Allowing for minimum 10' setbacks, screening requirements, and adequate surface area for equipement, aggregate and overburden storage would limit the actual mineable area to 10 to 13 acres. This configuration makes no allowance for a batch plant or mill. Weld County Comprehensive Plan Mineral Goals: 2. Promote the reasonable and orderly development of mineral resources. 3. Minimize the impacts of surface mining activities on surrounding land-uses, roads and highways. 4. Minimize hazardous conditions related to mining activities and the mining site. I maintain that a mining operation located in such close proximity to bordering commercial, industrial and residential users would be blatantly counter to the guidelines of Weld County's comprehensive plan for resource development. The use would not be compatible with adjoining uses, adequate noise and sight screening from adjacent users and major arterials would be virtually impossible. Traffic, attractive nuisances and safety factors would provide further threat to public welfare. C & M Sand & Gravel v. Bd. of County Com'rs (Colo. ADD. 1983) "Local land use regulation is not preempted by the Preservation of Commercial Mineral Deposits Act." "Colorado is committed to local control of land use decision making." The Colorado Mined Land Reclamation act specifically states that a mining permit will not be issued if the mining operation would be in violation of any City, Town or County zoning or subdivision regulation or contrary to any master plan for extraction adopted pursuant to section 34-1 -304. I support the intelligent preservation of minerals, but there are still vast areas where minerals can be extracted without causing undue hardship to neighbors. 930931 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY �.c coke Division of Minerals and Geology x� Department of Natural Resources 1 313 Sherman Street, Rm. 715 •jave+ Denver,Colorado 80203 Phone(303)866-2611 Roy Romer FAX(303)866-2461 Governor Ken Salazar Executive Director Michael B.Long Division Director Vicki Cowart State Geologist and Director July 6, 1993 WE-93-0014 Mr. Chuck Cunliffe Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 Dear Mr. Cunliffe: Re: Ted Rothe Zone Change We have reviewed the materials submitted regarding the above referenced application and the general and engineering geology of the area. The application incorrectly classifies the gravel resource on the site as T4. In actuality, the classification should be Fl. (See attached map) Given the quality of the resource as shown in the report on the sewage treatment plant to the south and the presence of an existing sand and gravel operation on adjacent property to the east we believe that there is some potential for a high quality resource to be obscured by this zone change and the issue needs to be addressed in more detail prior to any County ruling on this zone change request. Yours very truly, Jeffrey L. Hynes Senior Engineering Geologist jut o a 1993 1 JH:B:\dln d iif t 930931 I �'G 'II J ction �\ 27 el moo p a : E A AI ),\11/4 � 28 \1/21 .,,, . 4.\: 'r!_v 1k ji , . „ \ ae. \ \\ryilk°eilli_/4" .4111 / 11 / f 4t L¢ �i 193 34_ , � 8 ftet '• This valley Jr- IT 1 /: ' bJ 4iclentLone"Tree as ca.; ""9 :I !—'��, 5��t T ( terraces aahe e(T4)nti i j -4 . •'` west because of th 1 ,�•,, ° h11I R I� J. ioverburden and, .he `S M*�Y - I\ • \ ' _ ratio, is indicate litliofn yrs il*PIA p i • 9. - I ".'11-- --,7,:qpiiii 4 1_ 4. 94+ f. 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I/ �2+ 76 git 6 f ramirS, i, ; T 4 o,a,a v A ., here 1 Alit n c.0 or Much...... i , , LI �� !I�i ;� close {{�' �!�l111►► ,111 ^� ----4"1"94.04440Ter i y W re F 4 Er „„LS ark I I as,lk 3 L a uA s ,.�: 4 u -- 15�frj � ;47-- a -._-___ _.._.._--•-- Or i .,. � �f'. �il� � T. A' :, 93,II9 ' �l NOTICE Oi PWLIC AFFIDAVIT OF PUBLICATION MEABING LOCATION Adjacent W 6N CflW Greeley; STATE OF COLORADO The Weld County epprozbnatey V4 mli ss Planning Commission east d SWe Highway will hold a public 85 and 600 feet north of COUNTY OF WELD hearing on Tuesday, State Highway 293. July 6, 1993, at 1:30 I, KEITH HANSEN, of said County of Weld, being duly p.m.br me purposed 20 wee,more or sworn,say that I am publisher of considering a Change of zoned r below.the property dThe Public hearing wl6 WINDSOR BEACON be held in the Weld otheAPPLICANT: Ted h* Room,, First a weekly newspaper having a general circulation in said Rothe fleer, Weld County County and State, published in the town of WINDSOR, LEGAL DESCRIPTION Ce1telnOl Center,916 in said County and State; and that the notice, of which TanNl 'set.Greeley, Lot 1, NW4 SW4 and a.....___,..7"11 annexed is a true copy, has been published in said Lot io 44. NW4 of e "haw weekly for__successive weeks, that the notice of the 6th P.MT5N. R ONSIII slaw 1ia11set should was published in the regular and entire issue of every Cunt,Colorado. P.M.,W1M1 County,Colorado, $ Sat"b wAU9 number of the paper during the period and time of NN Weld County publication, and in the newspaper proper and not in a TYPE AND INTBNIIY d N. g OF PRBMIED USE: 11499 N. 17th supplement, and that the first publication of said notice :zit zone ma •euutNV, Greeley, was in said paper bearing the date of the C-1 hborhood 000109 BC631,before I) Z01111t1M OWN date or '7 day of , AD., 1973 and din" presented at the p'b9c • (Nt/retriaI) zone hearing on July 6, the last publicationgearing the date of the 1993. Sit day of AM., 19 and Copies of the application are that the said WINDSOR BEACON has been published available for public continuously and uninterruptedly for the period of 5 IMp ctIon In the consecutive weeks,in said County and State, prior to the Ospertment of date of first publication of said notice, and the same is a Ave lie,1400 newspaper within the meaning of an Act to regulate Avenue, Greeley, Colorado 60631 - printing of legal notices an advertisements, approved Piste - 363-3846 May 18, 1931, and all prior cts r as in force. Enension 3640, Jody Yamaguchi Chailuerson, Well Ce •Planate' P LISHER Ceiwa6ebn Published In ihr Subscri d an'�d,,sworn to before me this �9'Yii� day � Windsor Beacon oh of o 19 93 June 17,1993. aka /'yy 1 NOTARY PUBLIC My commission expires 2, /9 6..., 930931 it� 77 I , p. . 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'.'ryy •a t ds xL $ } rr t" 1 �„ I E � _ __ 1 _ `L/95 4666 ° oo t �r7 - -- _ OAD 4659 4653 III ��. _ - --J4- �° 19669 _ - - jF < � � � �� I 0 �r 46622 .1 /—\y.O � t r l —4660/ G I n "' )-----s 171 II ,13 D. � ) �ll \(/I • k'° em .— WELD CQUNIY k\ 11�a ii o� � MUNICIPAL A� F: 4634 f lI .—iE1 ir 8 8 / i l GG/l °° J 4V ' Y63 m 1 I � AC$� ar=-- . la4��—� ...naves: aD a•E f -! Ir' li — o sill, - y w7.e / C li �46 \ J 4a�D�o �` �„—- - c .i 46'60 o II �/. L./ IMte o0 dpi - • ! I 54 I I:.� K �A ( % 9, r, 4:43 . o. / . r 74 o lQf)49 II 4.66 4649 ° • 46431n;I •I. _ 11 E. °: 'I • •1 \ Ve ' I Gg.a le l(; ash {Il/ 1 / w 1•' I � �. �Coi/� I: [7Grael Pit Ilo 1_°• 6 Jim { JJ o \\-n • c` t • 609 /,,Y �I i yl I I��Q •.. .e ° 8: Il ° ° i °•• • .141" -- ` [2i. 4641;• \ \.........:_s__,/—"- 1.'1-4.,/6 ° m j ° • �` i • I' •i. V �-� '�73 I;Ts 1, •�Laler 1 .). n Gravell�P' - • ,464�IPa k 0. 4644 i s :/kkQ$ ..L, °4 4/ 46/9 f. ®° •• aP—. 1 ..ii! • ' II o I _ 6j / _ .l• ° Pe Gravel Pit .�.• .I ° 0‘.C. Ff!/i �' O I Y I II i .I u2vel Pt T . CD 85 4 2_�_ °. 16°• 464X[.:,..,-0- 15'° 4 462_' -� 46 N)2 a • / P 4 0 Di D,65 . . • ` •'4610 I • • \ T E - 462 F Z I mrc 'G £ EY. : , �o ).O U °•1. N DITCH I ryO a I 466 p 11 � Y o 3 4666 ._II._ _..�-__ 46 74 4622 afr. ..1,°°° ( _ .-__ _ 14637 I d• ° ,4471 I. OJ I'd'. 0 x.4628 V^ pby 6� u I DITCH 0 2 6so 22 as �a2-3a , vh.3 S.�'�' 'b• r 14)DIX F - �gO p°• o 50 :: • f b° $ 3093j DATE: July 6, 1993 CASE NUMBER: Z-480 NAME: Ted Rothe ADDRESS: 1847 26th Avenue Court, Greeley, CO 80631 REQUEST: Change of Zone from C-1 (Neighborhood Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Lot 1 of the NW4 SW4 and Lot 4 of the SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the City of Greeley, approximately .25 miles east of State Highway 85 and 500 feet north of State Highway 263. The Department of Planning Services' staff recommends that this request be continued until the July 20, 1993 scheduled Planning Commission Meeting. This continuance will allow time for the staff and applicant to review the written comments from the Colorado Geological Survey regarding the commercial mineral deposit located on the property. At the present time, no written comments have been received. The applicant also needs time to address the concerns expressed by the Weld County Engineering Department regarding the access easement to the property. 920931 DATE: July 6, 1993 CASE NUMBER: Z-480 NAME: Ted Rothe ADDRESS: 1847 26th Avenue Court, Greeley, CO 80631 REQUEST: Change of Zone from C-1 (Neighborhood Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Lot 1 of the NW4 SW4 and Lot 4 of the SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the City of Greeley, approximately .25 miles east of State Highway 85 and 500 feet north of State Highway 263. 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 appl• n requirements of Section 24.7 of the Weld County Zoning Ordinan 2. It is the opinion of the Department of P i e ' aff that the applicant has shown compliance with Se 1 ounty Zoning Ordinance as follows: The proposal is cons st my Comprehensive Plan Urban Growth Boun oa - The uses b 1 the subject property by granting the cha 1 atible with the surrounding land uses. - The propo re roperty does not contain a commercial mineral deposit as mon rated in the submitted application materials. The application has shown that soil conditions on the site present moderate limitations to the construction of structures or facilities proposed for the site and can be overcome prior to the development of the property. The property is located in the Airport Overlay District. No other overly districts affect the site. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The 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. 920931_ LAND-USE APPLICATION SUMMARY SHEET Date: June 29, 1993 CASE NUMBER: Z-480 NAME: Ted Rothe ADDRESS: 1847 26th Avenue Court, Greeley, CO 80631 REQUEST: Change of Zone from C-1 (Neighborhood Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Lot 1 of the NW4 SW4 and Lot 4 of the SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the City of Greeley, approximately .25 miles east of State Highway 85 and 500 feet north of State Highway 263. SIZE OF PARCEL: 20 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Engineering 2. Weld County Health Department 3. Western Hills Fire Protection District 4. Colorado Department of Transportation 5. Greeley-Weld County Airport The Department of Planning Services' staff has not received responses from the following agencies: 1. City of Greeley 2. Greeley Soil Conservation District 3. Colorado Geological Survey 4. Planning Commission Member field inspection The Department of Planning Services' staff has not received any objections from surrounding property owners. 930931 REZONING APPLICATION ise Weld County, Colorado Dept. of Planning Services App. Ch'd B Date Rec'd: 915 10th Street App. Fee: Receipt q/: 1f. '4 KM,* Greeley, Colorado 80631 Record. Fee Receipt j/: TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: • (If additional space is required, attach an additional sheet) Property Address (if available) : -0- PRESENT ZONE C- 1 PROPOSED ZONE I-3 TOTAL ACREAGE 20 OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Ted Rothe Home Telephone is 353-3107 Address: 1847 26 Ave Ct. Bus. Telephone j{: 353-9957 Greeley, CO 80631 Name: Home Telephone 1/: Address: Bus. Telephone #: Name: Home Telephone #: Address: Bus. Telephone #: Applicant or Authorized Agent (if different than above) : (Contact Person) Name: Travois Land Co. Home Telephone #: Address: 614 14th St. Bus. Telephone #: 351-A333 Greeley, CO 80631 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Ted Rothe Address: 1847 26 Ave Ct. Greeley, CO 80631 Name: Robert W. Neffsinger Address: 500 6th Ave, Greeley, CO R0f31 Name: Marge T. Roland and Nolan T Redman Address: p.0. Box 1803 Greeley, CO ROh3? I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) j../1"-"42 Signature: Owner or Authorized Agent Subscribed and sworn to before me this 4th day of June , 19 q3 . SEAL@s NOTARY P IC My Commission expires: 6/21/93 (1) .:0931 July 1 , 1993 RE: Z-480 (Ted Rothe Rezone) To Those Concerned: Since the City of Greeley planning staff has indicated they will not support an I-3 zone on the subject site referenced above, I will consent to downgrade to I-2. This compromise with the built in screening requirements creates some economic impact for potential users. I would hope the planning staff can be sensitive to this reality by designing screening requirements that are both aesthetic and economically feasible for a user. GEIVE 'JUL0 1993 930931 tv Planning COUNTY ZONING MAP - a � 4670 • i t 1 • R - 1 re. . 1 O • • ■ it 669 Ir • li • '' ,0 ) O I ' it •• ' LUNDGREN y / ��•/ ��i'/% '? • O I • 2 SUB Y� I/ SD-23 4 3 USR-679 a Z-410 ; — Z-4207 u!or. s9:ee:;..._:- — —C-3 // . _ - U R 690 . ell4 \ / • 11111.null l■Itu t• - • / ilitli It11111■IflirI C --22im � it■1■IBS' Lot 4 ,� 22 .,6..:. ...�.rr..- • Es t , s .�uro�r.�rr�— / I✓I I•nuui�orrr�—. •. �, • f io.. ri•.arr�Nor _ `• •=•lam = 2 .1 1 T LOTH - 1 1 •■ a I • - I ��•'� � a • a ' • p ' a"r Ii f . . I • • . • NM • t �22 � '� I : z--35.0• ;r! -'.�� • • .. _ ..,:1. 11SIS `- • 1 II I- ,72 i► ' -aZ J -II _ it 4634. Z-392 I/ I I l .,.:.:.::::::::::::::::•::::::::.::::::::': : a �� ii • O:.. :: `` // 8 4 A /�' •D ,/ 0. iii 0, 3 i , - (kt _ . CITY OF GREELEY W ZONING MAP: 100 0 300' 800' 9001 H •. SCALE — 1"= 6C01 r T 6 N --- - '2 33 r3 N I I ` 4 • ' C\''. i it ?Is � > I 1 Of aD CHANNEL .\\ .\\ 1 I \ I I N. , , III \ 1 1 J, „ , ,_ __ _ _ _, .• i ° I, I Lot 4 ' -----\\...j /el I.e.la 1 11 BUR B _ , __ I. —-so J 'III' �. , I E \ I C LOT 1 i ct.,i_:- T orlydEx .. . c, ; , r� I 8 u9 ; -r' ! 12 ifr 0 -I- E'-i-15 and LAPP -- � -- 12 c4 5' 1 11NNEX -� 127 _it, e .. 11' 32 1 G/ VN/ON k PA4trl 26 6. "h fur 1 3! P • `xte � re je}^¢F�}},• '� :,•,[4•4'•c•;•::,, 9 ws b v >t e Wy x 62 >b�11'4-4.4 '!5y ta # a rka ' ..49' 'g >"s 36 4 Y .. A r� � 51 51 � ( 7 32 50 >.A s�f4` j p V r Lq 1� 3 38' Y. 4/ } i:. 0. to ase5.,#y 't 214.‘ 35 5i " 32 ,x.Y q z ,1 : � 'sh 42` r a rl rt '64r . > L z # d 'tY,y.r ,"ATMFVF w1'; ',-:;,,,W1' }Ma� v # 5to 4°s ,,, i, c ,,, rr r : Yx� i u t;:;.*:.,?,*'•••....-- r ,.aa , -41-4•44 + ' -rte, • :„ r -.7•2„:1-Y':.`,[014 ''',7:41,1-::;•-.., r ., ``"3�.f. Ja ., e yn_ r} � .'"�+ �'g+'+ r :;•,....d: ?ZY1 ia d� t -;•.,,,,,..,r,,,.. �� S s'•k ivfi s x .} . ,� t :L } ` de i"', � '�; r m$' „� r. "t;Y f • . ;(v w / ? 1`K. y•a 1 4 F { .lit..; l C %,, �`',y' 'm 54 T' S 22x' 2'ur/2 q2Y� ,,.:.:.-.1-,,, ,:.: _, � � A i #' �.:�• {�y� .�xg k�{#`. .,� ,u?M a° iy,6 U x 1 a v x t st amt .#it t 2 s'. 22 2 ttiy' �'�i *� .� ` F, 'Y,'' t.'.-4 S,. i x t„' r ^1 - ilY A x. # lt«y n $74.7"0:"1*4 Y' '2 b y.., /..c• r••• lgij k r•r ! 'n u � s t'xx r 'r +r '''!:..:4:.,' ,a,r ;' v�d w �, '"4'firq( .:' [1° r' .#�$. ,y4re TRr'' � ••; # ' «2#1 r�}2„ r F �. '.R Yn 'C.:4. tlY�9A� ,@J' rye � 1 {{{T ' * 4 L W .a rye��.�' 'i' 4#'''''',/...lair .: ..i-',, 'S. (�, sj . '11�. t'✓'{ '?!' 'tet; t4 i" I + L !� a" * aa «PW. —" µT': t, N w (yY ,,//y�,am�� . �.f / ' N, w— .,�tyr i". \. I(r !//at- 1 .t`n `` dji ri F x_ ' 2 r • l • H 21 TRW !r4 � t h..+ 2 �v . Vit44;404N A ''yam y 1. i.f ^` ;2� lgs�ye� F�{p. Spy ,rpa 1 # � 1 kk ,�y/'y. � l * f ` ( • _?''war', jj tt• •rr -;• y v • z q, , .. .�o r, '` . zo„�.', 4!A[;-; i A Cu,+ I .;,� g'�:"� t f '� "'�?• � • -•-•4;i • ""°� y ' k i /ksa y' `a2 _? ',' ��ip'�� il :�11 .. � � ��3y.: � 4 rJ :�'F" '9P•' ��`. � '.AF S4` '2'_ ttii 2 / At. }{# 'y'TAl yy '�., y '!�, y'_5 k 4 F }2 f ,y. .c ,�5t fir. :f 46d- ' • t' • / i tad. v ;, 3 >! �^ Yn. + .t�l -yis'^Ty ;� Y; 1�y3 , SiryYr� j�..,. -4ek yr _ ' . e,, •d f' ,ty_2 5•p•,,.-, , 4t d i' 824, � "w� �.,a,r 4,,,/,21,..N..,(4. '2.'S1IeA 2 $gy r'�Y i, �� y ® * =�e 41. 9J.G,,,. y SU w.t' :: ;may �� - 2 't F' { �.•It •/� If. 4 a d° r`�^M-r. ' -! ,, 4 3' X� '`k x ,.. 10 184%24.''• �.-! ,�# 4, ,.��3- 2 '�.,n ?`'rte- _.�' ' i-- -'� ... S . - 4 SOIL SURVEY tial for urban development is only fair to poor. The main This soil has good potential for urban and recreational limitations are moderate to high shrink swell, low development. Increased population growth in the survey strength, and slow permeability. The potential is fair for area has resulted in increased homesite construction. The development of openland wildlife habitat. chief limiting soil features for urban development are the shrink-swell potential of the subsoil as it wets and dries ©. Weld-Colby and the limited ability of this soil to support a load. Septic Deep, nearly level to moderately sloping, well drained tank absorption fields function properly, but community loams formed in calcareous eolian deposits sewage systems should be provided if the population den- sity permea- This nearly level to moderately sloping map unit is on increases. Because of the moderately rapid l mainly in the southeasternpart the area. bility of the substratum, sewage lagoons must be sealed. P survey Lawns, shrubs, and trees grow well. Capability subclass One small area is in the west-central part. The unit makes II- . 'gated. up about 10 percent of the total acreage. About 50 per- 1 Bankard sandy loam, 0 to 3 percent slopes. This cent is Weld soils, 35 percent is Colby soils, and 15 per- is a deep, somewhat excessively drained soil on flood cent is soils of minor extent. plains at elevations of 4,450 to 5,000 feet. It formed in Weld soils occupy the broad nearly level areas. Colby stratified recent alluvium along streams and rivers. In- soils occupy the steeper side slopes. Weld soils have a eluded in mapping are numerous sand and gravel bars loam surface layer and a clay and clay loam subsoil. Colby and small areas of noncalcareous soils. soils have a loam surface layer and silt loam underlying Typically the surface layer of this Bankard soil is material brown sandy loam about 4 inches thick. The underlying Minor in this unit are the well drained Adena and Kim material to a depth of 60 inches is pale brown calcareous soils. sand stratified with thin lenses of sandy loam, loam, and This map unit is used mainly for cropland. About 65 fine gravel. percent is nonirrigated. Winter wheat is the principal Permeability is moderately rapid. Available water crop. If irrigated, the soils are well suited to all commonly capacity is low. The effective rooting depth is 60 inches or grown crops. The potential is fair for development of more. Surface runoff•is slow, and the erosion hazard is openland wildlife habitat. low. 4. Wiley-Colby-Weld This soil is suited to limited cropping. It is sandy and subject to flooding. Pasture is the best use. Tall wheat- Deep, nearly level to moderately sloping, well drained silt grass, tall fescue, and annual sweetclover are some of the loams and ]hams formed in calcareous eolian deposits most suitable crops. Light, frequent irrigation by furrows This nearly level to moderately sloping map unit is on and flooding is best. Commercial fertilizer improves the amount and value of forage produced. ,plains in the west-central and southwestern parts of the survey area. It makes up about 5.5 percent of the total The potential native vegetation .is dominated by svvitchacreage. About 30 percent is Wiley soils, 30 percent is sideoagrass, ,erase, sand bluestem, sand reedgrass, Colby soils, 15 percent is Weld soils, and 25 percent is of this range grama, ee includes other and blue egma. Much of this site other soils and vegetation in soils of minor extent. such a complex Wiley and Colby soils form an intermingled complexP pattern that it is difficult to map them separately. pattern on the steeper side slopes. Weld soils are along Potential production ranges from 2,500 pounds the narrow ridgetops and on the nearly level side slopes. per acre in favorable years to 1,500 pounds in unfavorable Wiley soils have a silt loam surface layer and a silty clay yam' decrease;range condition grama,det sand tall and mid loam subsoil. Colby soils have a loam surface layer and grasses o blue sand . Undesirable need, feeds increase; and forage production drops. weeds silt loam underlying material. Weld soils have a loam sur- and annuals invade the site as range condition becomes face layer and a clay loam subsoil. poorer. Minor in this unit are the moderately well drained Management of vegetation should be based on taking Heldt soils and the well drained Nunn and Ulm soils. half and leaving half of the total annual production. Seed- This map unit is used mainly for cropland. About 70 ing is desirable only enough percent is irrigated and is well suited to all commonly to preps a seedbed. Switchgrass, sand blu stem,sand grown crops. In nonirrigated areas, winter wheat is the reedgrass, sideoats gratna,little bluestem, blue grama,pu- principal crop. The potential is fair for urban develop- bescent wheatgrass, and intermediate wheatgrass are ment. Moderately slow permeability is the main limita- suitable for seeding. This soil can be seeded by using an tion. The potential is also fair for development of open- interseeder or a firm, clean sorghum stubble. A grass drill land wildlife. is required. Seeding early in spring has proven most suc- cessful.This 5. Olney-Kim-Otero This soil is generally not suited to the establishment Deep, nearly level to moderately sloping, well drained and growth of trees and shrubs. Onsite investigation is sandy ]hams and loams formed in mixed alluvium and needed to determine feasibility and possible tree and eolian deposits shrub species. (6) 9":093A REZONING NARRATIVE RE: Two acre parcels (located N.E. of intersection of Bypass 85 & 8th St.) LEGAL: Lot 1, of NW4, SW4 of Section 4, T5N, R65W of 6th P.M., according to the subdivision of lands by the Union Colony of Colorado Lot 4, of 5W4, NW4, of Section 4, T5N, R65W of 6th P.M., according to the subdivision of lands by the Union Colony of Colorado The subject property consists of 2 contiguous 10 acre parcels bordered on the West boundary by a sizable County area that is presently zoned 1-3. The majority of users along the West and South periphery of subject are industrial or commercial users requiring outside storage or display of inventory and equipment. The parcels adjoining on the East and North are also large lots, ( 10 acres + ) with usage a mix of heavy industrial users (USR-690) and agricultureal tracts. Because of the size of the subject lots, which will be maintained, the existing zoning and usage in the area, and the lack of arterial frontage and visibility, I suggest that the existing C-1 zoning (Neighborhood commercial) is faulty zoning for the area and renders these parcels virtually unusable. Electric and natural gas is available at site, Northern Weld Water can provide a water tap and user will apply with Environmental Health for a septic permit for sewage disposal. Existence of recently permitted septic systems in the immediate area indicate that soil is suitable for a septic system. Subject property is in a 100 year floodplain yet is graded well for drainage and general elevation is at or above the level of the developed peripheral lots. INDUSTRIAL & COMMERCIAL USERS IN AREA Ellis-Cap Equipment Sharp Brothers Seed Company Monarch Plumbing Supply Shupes Trucking R & R Trailer Service Empire Electric Moretta Farm & Industrial Parts LSI Matchless Millwork Auto Clinic Auto Emporium Constructavision (2) US Welding Loloff Construction, Inc. Burris Company, Ltd. Midexco Construction, Inc. 9?093: ' B 1177 REC 02121458 11/17/U7 15:34 83.00 1/001 AR2121456 F 0058 MARY ANN FEUERSTEIN CLERK A RECORDER WELD CO. CO C .4-Watl 7)ar Q THUS DEED n•conveyance of Ma reel properly a.nww below include*any improwmwts and der 0Yalwlwls tae "erceet y")hum IM indivMN.11wl.corpomlonlal.Wnnenllpl.l.Or aner.nNy1N.1 need below r GRANTORle 1MM10lalteap) or enlyteel rind below is GRANTEE. The GRANTOR Mai*as ono convoys ate properly lo the GRANTEE and in.GRANTOR woo ey INN W Iy m eny. mos.lee(I)are lien or Me teetotal properly tree for the year at dad dead,Swat IN GRANTEE we pay(2)any aersperds W rgNPo4w.y clown Of'Coro(3)any pleat rnotrSlale end raptloM(4)any Ollesla9 mews bleats anilant eel t4) ally paean Covenants ono restrictions.town of Mort and H)any eoaM^el main Man beer tell•Ma real Worts t• EaaplloM•. Tie*NS Tina el Ten Deed An: G&SSE taws'weft W.Mott eI udsho if me yes of My awry-news N fence le fete lea prom w aveeeee wee ode l Seen DaeuereMEM Fee Merge T. Roland and Helen T. Redman _. ems..._... y� �a�� P. O. Bat 1903 noes. Greeley, CO 80632 $ t'Jm Gae_MK Kew wwff owl fynwlwl farnnt el erne.nawmn.@.axsw reel or Imo maim.S eww 1I Ted Rothe 909 10th Avaue Greeley, Colorado 80631 New worsens se me..ant Iwo M norn vents.named'nay en be sorrel a Me w way w.wy one Ps anal Inn' a nook el Me wane neen•ro any San n Me WO Yew I Properly Dss.rlpeet linclude county and stele I Int Ow (1) of the Northwest Quarter of the Southwest Quarter (ISI 1/4 SW 1/4) of Section Foe (4), Township Five (5) North, Rowe Sixty-five (65) West of the 6th P.M., according to the wnbdivisiat of lade by the Union Colony of Cclorado, Carty of Weld, State of Colorado. cP 33. Properly Address: CMeleerwelt (TN iieYwMn elnetts enwni is apron&ywsw,w.a.elw ea ewe dead eat w/.Sw.a toes Wee wme.ra* MrMM..C as.o-n in any.w M.s conveyance n'because Ixy&,o onw,teas/.) Reserroa_M•R__MedM.' (II IN GRANTOR m etapwMryw b40nwv*sew'.aw.s w cateaRANTON 1 rem. ctpq Me GRANt(E5 nom n me Mowrle mw.•00rwnfe,^dicaSonI Reserving Into Grantors any mineral rights presently owned. ASS Wane*Eteep tens: nncwe.ewn ci noel temp, eve and omm.errs.et co-one*Se I 5 a E.wtewe by the aalar on IS e9ea..Ctsy.lee tpeso.Fw—J*er maces best. eel Aveifg • fry.M away Cayrelw.FwMwae of nyoc,M.oe 0.M 8 len ( Olean OF COLORADO I w COUNTY OF Bold 1 The robe.*mrteaeln we..w'wsyr Stem nn inn 12th ear w November, se Mara T. Roland and Helen T. Reines -7 • alild and Sin.rw cans i bal �•,e.t9/ eerepad won two November, Me 12th el Novemb it Y: w ana ) Aire,• . _ell •�` ,�1f1 r Y•• bilesal Of OninIO areaelw.Mwwelea aelaaww.MryalayedaninaaellMer SelewalafWeMeer of 0.reerelw.a s yrMan el prows*:de w eteawr ewaerw Si 0awb.wl tl,1ail �Mf.NMolaal. Narje1` •, noel IIt - e t adobe ^ AR232rhgD 11 1179 REC 02124690 12/14/67 15:55 43.00 1/001 Ili P 1920 MARY AIN PEURRSTEII CLINIC 6 RECORDER WILD CO, CO - -- gam au Sara kgthese , matt Robert W. tioife4nstor_.._.._.._ whose start address Y. 540 Sixth...AYaflue._......City ar en et..._.._Grealey,�._— anew et._ &AAA wed Sfax of Cciax6i10 Jar ale tooto srloa of other valuable considtrition...api4,-,7pp..epp,.,g01.101------ .Dalai. ta moo pot he sew rodotoott(_to. Ted Rothe whasshastaddrsk1847 26th Ave. Cpvr%Claarlbwoaf............Graeiay Canty d Weld -ad the Stab et—...._.C41.oredo .....a following ru property Is ths County eL.........W..)14........ .........................................sod See af Ca• tesit Lot 4 of the SW 1/4 of the NW 1/4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, according to the subdivision of lands by the Union Colony of Colorado, together with Grant of Easement for Private Driveway dated November 13, 1972, and recorded November 14, 1972, in Book 680 under Reception No. 1601646, Weld County, Colorado Records; reserving, however, unto the grantor an undivided one-half of all oil, gas, and other minerals in and under and that say be produced from said land now owned by grantor. aeospt :. emd, gravel and rock. Ea Danss00ay Ise ' pots 12. 1417 $ taro • of t at i camue and t o t)thus dtle to f the itabli sa SS* la! 0 '._e • ..r.4. . Y mN Ye Y ins r too recd or • shed on the �} . oil and gas lease from Robert W. Noffsinger to Sand7,ip_01l_Cp. ___. recorded-September 10, 15'02 in ,Book 971 under Reception No. 190334'., - and any therein or assignments or conveyances thereof, Nysd thb..Jtbl day ot.....Sratc. ,AA 10..4x_.._ :J.. d the Prase of leltfrlitripri @4E111wwT ACIINO LIMB STAIR OF,(OLOWAWOr l a ms was fly r',.,/..rr .__.__" /¢.... . .. Wilma weed a i _ . i% in, e,. µ � t 14 aatatataates Li �� • .rial— 4::• Sa9r a 34 . . t=az;;;;,..=;= =ims BOARD OF DIRECTORS ERNEST TIGGES NORTH WELD COUNTY WATER DISTRICT �• GARY SIMPSON R ERNEST ROSS �. HIGHWAY 85 • LUCERNE, COLORADO 80646 �"��!� CHARLES ACHZIGER 2I I'rAbl LYLE NELSON, MGR. P.O. BOX 56 • PHONE 356.3020 June 3 , 1993 RE: Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: Lot 1 , NW4 of SW4 of Section 4-5N-65W and/or Lot 4, SW4 of the NW4 of Section 4-5N-65W 1. Water service is presently being provided to the above described property. 4 ?' 2. x 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 :• Sincerely , NORTH WELD COUNTY WATER DISTRICT Lyl . Nelson, Manager NDL/ds (12) • 9'30931 a §. Z Q Z � � Q ZQ f— � � ® ztt- wE ® ' U0= � OU ZZ - � v. W , � c000 � ,J a) UQ CC a > Z � 0 . zg ® erg 0— a Q Q 0 Q __I a a a ®- - - ; 4-g F O H a J t ft i e 11, = it % 6 a i 4 / W F ® wt / U) / a +I a • Ei — +I ,.,, ti s v a < ®0 o v ...n..e Wen rv.W...3.unu I... P CO 6 L o ® ≥ g I I a a O N f w ZS L .1g t7 � i /ice// I -g b \ I F_ _ I I I kr (13) 9'?O931 June 4, 1993 Ted Rothe Rezoning Application RE: Lot 1 , NW4, SW4, Section 4, T5N, R65W Lot 4, SW4, NW4, Section 4, T5N, R65W Request for deferral of certified survey and final rezoning plat. Dear Chuck, I am appealing to the director of planning and zoning to allow me to exercise the option to defer delivery of the required certified survey and rezoning map for the above referenced rezoning application, until after the initial planning and zoning hearing. I understand the need for an accurate survey and am prepared to provide the same however the legal description delineates the property clearly, the expense of the survey is considerable and all the surveyors I have contacted are backlogged with pending work. I have already ordered the survey work and would much appreciate your favorable consideration of this request. S�i2---"CL7 1171711 er Ted Rothe (owner-applicant) JUN 04 1993 'Ik 9209311 • 1' 4 • (1 680 16tr1646 ERE:. .`.sans E 'E H)lVn L :m kl VFUA'C WIIr2 ', , i. .. 1 L,.:1 vG C:4Pd:jY, hereinafter called '. irat pail.-, it the .._:er in tee sim1.le of the following described ropeir. I,.,ht ted rit weld County, Colorado (hereinafter _,, reterreu t.z as i'.ice to-wit: parcel o' in out.. 3 and 4 of t..e NW4 of • thes54, and rang n the NE', of the SWy of Section 4, .'own,nip ` ::orth, h once 65 West of ♦oe6th P.M., of the subdivision ol ^d.. ,, s by the Union Colony of Colorado, describes .s follows: Beginning at a point on toe North ri ;ht cf way line of State Highway 263 (Flth trees Road) 203.8 feet North 87° 43' 30 -- ' Cast of toe West line of said Section 4; thence North 160 26' 30' West 542.9 feet to the North line of Lot 3; thence Easterly along the North line of lots 3 and 4 of the 'ra', of the _W4 of Section 4 and hut 3 of the "NA of the SW6 of Section 4 a distance of 1465 feet; thence South 2° 26' East 376 feet to the North right of way line of Highway 263; thence westerly along said right of way line 1328.8 feet to the place of beginning, except that part thereof conveyed by deed recorded in Book 676 under Reception No. 155,.1425 of the Weld County Records, and WHEREAS, HO➢ERT U. MUFI:INGER AND ROBERT THOMPSON, herein- after callea second parties, are the owners in Lee simple of the t'. following uescribed property located in Weld County, Colorado (hereinafter referred to as Parcel No. 2) , to-wit: but 1 of the NW4 of the SW4 end Lot 4 of the SW4 of the NW4 of Section 4, Township 5 North, Range 65 West of the 6th P.M. according to the subdivision of lands by the Union Colony of Colorado, and WHEREAS, Parcel No. 1 adjoins Parcel No. 2 on the northerly boundary of Parcel No. 1 and it is the desire of the parties hereto to create a private driveway which the owners of Parcel No. 2 will use jointly with the owners of Parcel No. 1, and for a means of access to and from Colorado State Highway No. 263 to and from Parcels No. 1 and 2. NOW, THEREFORE, for and Ili consideration of the Premises and of the promises and covenants to be kept and performed, first party hereby grants unto the second parties, their heirs, Y,. devisees, personal representatives and assigns an easement for• b tito- Cu OY r '` ` r! ,, ' i Alit w r5 + �@6 -, ₹ iii ; ₹ J a 680 1601G4g "`'" la �l oil fr$ a d a driveway for the joint use and enjoyment of the present and Nf [t eY yyp+qq�q i F < future owners of Farrel ho. 2 and Parcel No. 1 over and across r2 the following described part of Parcel No. 1, to-wit: + ?`f;;)21.:.' 11 -• rk fy@ A tract of land located in Lot 4 of the NWk of pp the SWk of Section 4, Township 5 North, Range j F`- {� .4F') 65 65 West of the oth P.M. in Weld County, Colorado, r u; according to the subdivision of lands by the E '� Union Colony of Colorado, and being more particularly 'f ' ^ni4 • I' du; ti described as follows, to-wit: II" . �� ➢eginning at a point on the Northerly Right-of-Way line of Colorado State Highway No. 263 (Eighth Street) {mkt fjg which is the southwesterly corner of that tract of 0 1l B� `{' I ,.r land conveyed by deed recorded September 27, 1'172 ffi -i' a}e in Book 676 under Reception No. 1598425 of the Weld ::4,4,),:,,J, )1S County Records: thenc+ North 00° 00' 00" Ease .37.37 r °≥ j^ ht, feet; thence North 89° 32' 30" West 35 feet; thence • g '. Sr . South 00° 00' 00" West to the Northerly Right-of-Lay } w ^ ' r line n of Colorado State Highway No. 263; thence North 4p- f I r 82 47' 00" East 35 feet, more or less, to the point 88 ' ::;.: 11i: < of beginning. . fRf a'. " , This grant is made upon the following conditions: r "? 'i > :~1° 1. That second parties shall grade, gravel or otherwise a � 1 iyy1 ve r }r a r Yw; surface said right of way and maintain the same for use as a iw' t$t11 a i ; r. driveway. 0.v r.�i. a y p< 2. The driveway shall at all times remain open, free iie1 ,1. 0 P.' rt : 01/4: q1 ', and unobstructed. Neither of the parties hereto shall park or f' 1' rt lb permit vehicles cr other objects to stand in the. driveway for ,[ • , Y1 u� l ., • d Y ly' periods of time which will hinder or prevent the other of the ft 1 4: 0 � 1 parties from the free end uninterrupted use and enjoyment of the (i r' said driveway. Neither of the parties hereto shall suffer or a p E ' r q r' f permit others to onstruct the said driveway. { ; H,:;.!: r I, 3. This right of way is for the private use and enjoyment < 1' a> U 0/x 'p,f'_ not ' of the owners of Parcels 1 end 2 described above, and the use it" :-.0,-)-rj �, Ya ', thereof by others not having business or other purposes connected l l d with Parcels 1 and 2 shall not be permitted to use the same ( u° I, f ):!).4);t3 4 without consent of all parties hereto. g ,r fy r ° 4. Pizet party reserves unto itself, its successors and ¢ r ifr assigns the fee simple title to the land covered by this grant irl '`I1 r z^` subject bathe easement for driveway purposes whim is herein }. t x t I:, F4k 9. granted. 4 to- 5. This grant and all of its provisions shall run with ' r' ' � ,04)",4).01;:, k' the title to the respective parcels of land hereinabove described k -2- m,:::01:P:01,,,: t x•-, t,@{.gyp Y Yd0 . `' � a G, k ..., 3 r " irs as tr'� GSO 160164+; N l.- Itliai, f and b11 at the provisions of this rant shall be binding and a✓ I,tstc � 1 1- inure to the nefit f the successors and assigns of the x "Ix — respective F xtiea hex a > n k/;iatec and signer U Js day of .c - 1972. Y : r 'v: � 1 iS lNN CAPE BUILDING COMPANY °M {u res c$ii' rw �"' President � , 3Fr 'RS"- PARTY v° 9 } % - t din yea � , I • Pobert W. miff iinger �1 -'Milt: ��r�- '7 art �I P: a . Fu ert Ttornp son i s'r SECOND PARTIES li -1' ( 4 STATE CIF COLORADO ) I" •'IN ' 1 s s. a t;' ', " + COUNTY OF WELD ) ,4 eCk: The foregoing {{ins trune tt was acknowledged before me this ''u.l /. day of /� a •1972, byrst.,.« C Crlic .r_ ' ,ft, 4. / {� as Secretary of ' r as President and ff ro i et/uy-' F s� {{ ELLIS AND CAPP BUILDING COMPANY, ✓and by ROBERT W. NOFFSINGER and s" y¢ R1 Y rtn f�:' ROBERT TNOMPSON as individuals. �,f'.'" 2•N' f, Widnes:� ny hand and official seal. •. - " r5 I 7. Fclal` ... My commission expires 6 ___ ':'''::1',):1 I 11 '� _ i'uel.yf', s -- Notary Public.• k,' '; 4 ¢t: �n� : k - VI -i. rww rr. `,-. 5(r t i, L 4i M Y ), v yry [ Y ,' { I P )4 i B. 941 rm1 ii L� X�' MINERAL NARRATIVE RE: Ted Rothe Rezoning Application (20 acres) Based on the information attached as an exhibit to this narrative and a lengthy discussion with Carl Hill of Bestway Paving Inc. incorporating the element of experience, I feel that the gravel resources located beneath the subject property does not have significant commercial value. The exhibited core samples done in the area of the Greely Wastewater Treatment Plant indicate that most of the gravel, although of significant depth, is a combination of silty sand and gravel or sand, gravel and cobbles. The extraction of this type of composition is not economical because large amounts of materials need to be handled and extensive washing and screening is necessary to net a usable aggregate. In the Colorado Geological Survey's special publication 5-A in reference to the Cache la Poudre River deposits East of Greeley and North of the river it states: "North of the river the lowest and highest terraces appear to be significant resources, although not of high-quality aggregate. Even though a number of pit operations are located here, it is doubtful that the gravels can easily upgraded. The amount of fines and caliche will be significant limiting factors in their use. " On the mineral map attached please note that the stream terrace deposits in the subject area are classified as T-4 Unevaluated Aggregates, some of the reasons for this classification are location, access, poor potential, and a prior land use that excludes the possibility of recovering aggregate. To summarize I feel that the minerals under subject property are not of significant commercial value because the composition is not clean gravel, the relative size of the parcel futher limits the economic feasibility of extraction, and the proximity of the subject to a cluster of commercial and industrial users. Sources: Colorado Geological Survey Department of Natural Resources Special Publication S-A Sand, Gravel, and Quarrt Aggregate Resources Colorado Front Range Counties Report of A Geotechnical Investigation for First Avenue Watewater Treatment Plant Expansion 9?0931 • • • REPORT OFA • GEOTECHNICAL INVESTIGATION FOR FIRST AVENUE WASTEWATER TREATMENT PLANT EXPANSION • • CITY OF GREELEY GREELEY, COLORADO PROJECT NO. 4743-82 BY EMPIRE LABORATORIES, INC. 214 NORTH IIOWES STREET FORT COLLINS, COLORADO 80521 930931 r .S! .. ,_ 4,,,,,,.--_.1 ,r e ' , j°t,'-r' 'lfi* !rk ,"1X� l•,- SOIL AND GROUNDWATER CONDITIONS• `� 1' , " xs C' ,\ r r <r J,�? `} LRS�•ii°' s 1! ,:-.--.',3,k2,:,; i ,'4,,, ,:�.`aH. ,k rx The soil profile at•the site consists of strata of materials• Arran ed t `; ., ' 'indifferent combinations in order of increasing depths, the ts'are' as, ,� i. t , r ) f follows {. t n r ^-r. y R,,b;1rr4• cl' ,� :: f. �� y ` ',j-V. a� ,�;Y'f'•4- '� .. of x,,ef I 0,i-tit;jri ,',;: ,,t, 1;,(1) Fill Material' At one=half (1/2) 'to ,twelve (t2) foot='Iayer of filU',r material was encountered° in ,all test borings at the7site andsy- e would appear: that L'the entire• site has been:'filledt and3or gradecs. 1- .t at ,one time or another ins general, the fill consists ti, a k5 '` heterogeneous mixture of sand,, silt, gravel, clay,, cinders,° t . minor:'amounts of glass, brick,.and organic: matter,;and in-the w r '° .is ! , ' -4_ northwest corner (4,-,the site : adjacent to the ;where t -i: sugar; lime alurry `-has .been 'dumped; portions of ythe,`fill ,-44'43174'jJ• contains sugar. lime ;slurry The sugar lime slurry_ waste`,s a {' t 13 y=product from the manufacture of sugar and consists of` a ,� ,.: ‘ very 'low density high moisture content material ; The fill:has not ;been uniformly compacted. ',1 r..Since the'.fill contains much i s -. debris and other unsuitable,material,: it Is our, opinion that: this material is unsuitable for use as a foundation soil or as 'fil and/or backfill material • • ‘ "" .. ` ° , ° r ' ' (2) Sandy Silt: This stratum underlies . the fill in -Blorings t ' r r . through"5 and Boring 10 and extends to the gravel stratum ' below '= The• sandy silty is nonptastic.-,to'•slightly plastic and ilt'fs ,! ' exhibits generally low bearing characteristics in :tits° loose, , - moist, In situ condition. , '. i ! (3) Sand;' Gravel, and/or Cobbles The gravel stratum was, n''', • - encountered;in all test borings'. below.the fill .and/oru PPer slit{x` ' at depths one-half (1/2) to twelve -(12) feet below the surface*y' and extends .to the' de ths. ` •'- p of forty-four and ona half (44 1%2j! �, .,te•greater than fifty-four and one-half (54-1 /2) feet'below, the;y'` ' ,° -surface -.In general, the gravel ,stratum consists of. sand_and '242; + ` 4 , a t Srt fine to'coarse-.gravel with minor amounts of.cobbles =ranging�.in s . f -size to:-three (3) {to four (4) inches• in diameter a=- , L TheEg-MtAl w ' ,_ , ` .` i At R ` :11 " ° • v: 'i. mss,. U .3•Jr., ff.L•1•tr „JJT i s '. ' y t .fY r .. ° ° r f r t A !` {z 1� ��},L��F K"�a fa 1 {, -F yy °f . . � f , �� 'H,S-0 aa/ .,r{'_ 1F y} 4:1-‘:1;3.7.s. R(G. ,l+3s 1 1 -t; IV fil Y•,•r:, j ., 45 .i„ M r' A .}i , R ;-.4 � kl Y � M1 1 1 i.- • ,...1....r. ,t . tic _.1 ! F Y r n • 1 . S ... 5 t � x I\ , aH (1{ 2.: ,, Y,t 1 ,a , 1 • - c L [J v L r1'r t. ; .Y`S I <t�l iC♦ '( 1�S a3�� d• ,{x..h L i-, • e3 ▪ ♦ s e�.A4 �RI., L {.;tP}t { t74 contains minor;amounts of siita lenses .of cleansand,t and;yi s C • exhibits low'to high bearing'charecteristics`fn ,its loose to very!° !»' dense in• situ naturalIA' Pc • Y •{" ' a 4} 'a,] • :,...t'-fLWr ..::& PS r4+iar37, (4) Sandy `Silty Clay - A layer ,,o ,clay underlies thetgravel #: stratum in Boring c; at a depth of fortyrfdur and7,,ne half,;,; .` r+ f ".,� tit 3,14 (44-1/2) feet`below the surface and:extends to the-depths` *J explored In 'Boring 12 a lenses of;clay wa§ encounteroc! • the gravel stratum at'a depth" of'.sixteenl{16) ,feet`,below:the 4b -G" surface and extends to a depth of twenty one (f1) feetLbelow the surface.' •:'The silty clay: is plastic, contains a high } , percentage of -fine sand, and exhibits . moderate; bearing , 4 r r characteristics•in its very stiff, moist,•,in situ Condition:- ..-• '.,•� r ': t wr 'h y a. y (5) .Groundwater At.• the time of the; investigati"n, ,free ' a . groundwater, :,.was encountered,i at: the site to:depths ,one half 1 _y •s , (1 /2) to five (5) feet below the surface,,,‘ Water levels In this area are subject to change..due to seasonal variations: and the , ' fluctuations and volume of flow in the Cacha`La Poudre which traverses' the site it' is out' .opinionthat-.groundwater levels were: at'.seasonal highs at :the time'._of the,;:field exploration z :.Na �n 1 i ♦ 2 } RECOMMENDATIONS AND' DISCUSSION:.• ; x• It ' is our understanding that -the proposed additions, to the wastewater treatment• plant ,are to'.include primary clarifiers aeration , 1 basins, a pretreatment structure; chlorine contact tanks, and digesters.-• An administration building is,• planned for the...northeast 'corrier.of • site, and a parking area is . planned .;adjacent to the pro osed administration building. ',;Several drives are:Proposed throughout'the. . } • area. Due to proposed building grades,•.a: certain amount of site grading Is anticipated for ,the area ' ;_ 1 • ,,. '1Ja 7 1 ' - S ^ ts JY' 7 r r t 1 f+ y , ♦( � k'Y- ,f ell, k.+ ' y r• r s .; s sv�1+ 4r �• k.`,,4}'t' �'[; � rr4 ` KEY TO BORING LOGS /. IN/1 TOPSOIL INIGRAVEL / FILL ge SAND&GRAVEL SILT •i• SILTY SAND&GRAVEL .' r/01 CLAYEY SILT 7,00 COBBLES u .0 •�e. SANDY SILT SAND,GRAVEL& COBBLES �' CLAY lima imam.aii WEATHERED BEDROCK lie SILTY CLAY SILTSTONE BEDROCK �d SANDY CLAY CLAYSTONE BEDROCK . • SAND ' SANDSTONE BEDROCK , �•i/. SILTY SAND �� LIMESTONE i. st ■-■ a CLAYEY SAND FAX X A s GRANITE XXX rSANDY SILTY CLAY ■ . 1 SHELBY TUBE SAMPLE ElSTANDARD PENETRATION DRIVE SAMPLER WATER TABLE 2 WEEKS AFTER DRILLING C HOLE CAVED T 5/12 Indicates that 5 blows of a 140 pound hammer falling 30 inches was required to penetrate 12 inches. A-3 920931 EMPIRE LABORATORIES,INC. si; " A 4� �, r i :. ti' ta. ;•,!-•-11:-: Y r' 'CI;Y ; ♦ , , ,r1 �, i LOG OF BORINGS f ,-O4.tA,. ,i•ua.: , , / ' . 4 --' 4;;:t...!/'Vii:3.--"'—...', ...4 ELEVATION No. I No.2 No•3 No.4 .. ,.••:•• ....•-•-; .- • , 4635 17/12 ...---�'' ` } �-� 13/12 •. e, 4630 y . 7 1 1 2 7=%x 3/12 — _ . 9_ 2/ . 15/12 . 15/1 7,_ , �j pl ., u. .%� 'a ••• `; O- 21/12 ] g., ,. 4625 39/12 •` „ b•. Y „„. 4:1,eiee. • 25/1? �•'-b. YU• 1p7v' C 1 i.p:-• 39/12s:S. . 4620 :6:: : 33/12 .:..b....,:•. : :04 : ;••.i 7!' 't)..$/- 30/12 .?.:1:'.2 ],' -y,. :-.1741 *be:4' 30/1 .1 -0 4 .D p% b ,9: +<k. 47/121.:•.< Yk a �c 4615 , if g; . •Dr, ':% 43/12 -t r • 3R/12 lib. >. 50/9 �.'D 5017 y 4610 , b c. riff:C ro•a r 11/1(3;;P• :: ,'}� 11/1 : ;It 24/12 9-."'•': _4605 A o; :ti:-.6 23/l p-: 0D: • 4600 „�. 25/1 2+t:' BN, cut mark street side of clarifier. Elevation 4634.53' . • ' F l �t EMPIRE LABORATORIES, INC.: e LOG OF BORINGS ''` `/ _ hl , 'i y tirs • 1 n.Clq,} ) f •• . 2.'1 - . ' . i ' 1 . - , ' .,)a e.i: .5.! 6 ( r a J .p '',""e:-•1 . ,rt • wee ELE.vA-noN No.5 No.5 •.°. Et..EvAmoN a . • -tee. a 4-•-e-..7 4630 31/17 4605 ... ..I i' > 4/1 -,f. 23/12 i.4: L'F �.'�' 4625 , f' 1 .. ;.9. 4600 21/125' c '••• ' t . Y6•.' 50/10'- 'L , 4620 � •�, a a •e • it 595 50/ll994p 47/12 :°: 4615 yyp��pp 4590 Dx• ° P; 48/12 'j`' 15/12 71 i Of. %'' 4610 ;.0 4585 • ' :tip �j .,.. .. 22/12x.7 27/12 'i-'k•' • •.`J , • 4605 • •4 45'30 iii Y ..1 1,2t; 9-. _ 1.-.-11 4 T•'.1:-.7:`,_1 } y i t.r 4 EMPIRE'LABORATORIES, INC. .'; rig LOG OF BORINGS1.' 1 ` 'r alit .2 r. sl' f rIS P IN h Q' ELEva-noN No.Co No.7 NNo.8 No.9 ::„.t. " 1 t . li 9/12 4630s 32/12 9Y Q. . 9/12 10/12 c' 36/12 .n r�____\t__ �� .• . to 10/12 -L 4625 /r, II . D 1•15j • 11/12 13/12 •�y�. �. 'S 0.::A+ i �. ;tit} , , :A' 33/12 A p: . 44/12 kQ: D'' "?.1,11-: -, ....' p • 4620 p,! 9/12 23/12 . ti ,A. <,o• • A 50/9 p� .�V •:•f)f '.b:e• Q.•� jl<1•: P D': -' 28/12 3-.V•I.. . 4615 `"•n�� a f./.P 41/12 �`b 4•:: 37/12 ;',9/ 4' n` 'P..'P P ,•• : •r OcK . 6 26/12 4610 w,', 50/10 ' b.•; 50/9 4605 4600 • . A6 r ., , r , EMPIRE LABORATORIES. INC. ,"+� , ,• .•s�a.r:+a mr.�.r�.� wr+mil 7ld19P1--- -- ..��.e -os� Sri w ��4ei sly II abundant sedimentary rocks. Based on the poor ag- does contain significant amounts of sand. The nu- gregate observed here, and the fine-grained allu- merous, small alluvial fans, built out onto the river vium seen downstream, no commercial deposits are terraces at the mouths of short tributary streams, believed to exist east of Berthoud. However, ad- consist of abundant silt, some sand, and angular ditional drilling is needed to verify this prediction. cobblesanddfboulders. one large gravel pit was Extending southeastward from the mouth of Little Ea8t II Thompson Canyon, a series of gravel-mantled uplands seen in the terrace deposits. A few small borrow (including Table Top Mountain) rises high above the pits can be seen in the alluvial fans along the river. surrounding terrain and may represent a portion of Material from these pits probably was used for mis- the ancient channel of the Little Thompson River. cellaneous fills and road dressing on unpaved, sac- These deposits consist of about 10 ft of pebbly and ondary roads leading away from the river valley. cobbly gravel containing a moderate amount of fines Numerous small borrow pits have also been dug in the and weak sandstone fragments. colluvial slopes adjacent to some of these unpaved The terraces near the Larimer-Boulder County roads. Along Colorado LHighwaHighway C14 ne near rithea uthaof- , h of line also contain abundant fines and sedimentary Joe Wright Creek, tad claats. Although 2 gravel pits were noted on one ment is crushing bouldery colluvial and talus—slope of the terraces, the poor quality of the material debris and actured bedrock for road basedeposlta restricts their use road dressing and malitiesne- Although d flood-plain anshow potential for aggregate, ce ous fills. Gravel hasin the mountains ctuo been mined at 3 localities handling on Table Top Mountain. The upland deposits north difficult access, mining in a narrow valley, ll of the river around Berthoud and on the divide south oversized material, and environmental problems pro- of Dry Creek do not appear to contain any commercial bably will ill and it tomostimiost ningoactiing vities here. only sand or gravel resources. luvial suited very locally for miscellaneous fills and road Il The valley deposits observed at the Boulder- Larimer county line contain significant fines dressing.in the lower part of the river basin, the major and abundant sedimentary rock fragments. Based flood-plain and valley-fill deposits consist of clean, on the poor aggregate observed here,downstream, n the sound, cobbly gravels and medium- to coarse-grained fine-grained alluvium seen no commer- cial deposits are believed to exist east of sands that range in thickness from 10 to 20 ft at Berthoud. However, additional drilling is needed Fort Collins to about 50 ft at Greeley. The over- burden may attain a thickness of 9 ft, as at Windsor. towade from then outhioflLi. exhompso sCa , Three terrace levels can be distinguished north ward from the mouth of Little Thompson Cannyonyon, a series of gravel-mantled uplands (including of the river between Fort Collins and Windsor. The Table Top Mountain) rises high above the sur- - 6-mile-long lower terrace begins near the mouth of rounding terrain and may represent a portion Boxelder Creek and contains 8 to 32 ft of sand and of the ancient channel of the Little Thompson gravels, locally cemented, and quite silty. The ' River. These deposits consist of about 10 ft intermediate terrace begins near Timnath, widens of pebbly and cobbly gravel containing a oder- near Windsor, and extends downstream to Greeley.tate amount o of fines and weak sandstone fragments. As much as 30 ft of gravel occurs in his terrace; however, in most places the overburden is quite thick, Cache la Poudre River creating an overburden:resource ratio as high as 7:1. Remnants of the highest terrace lie between Timnath The Cache la Poudre River heads on the Continen- and Windsor and contain about 10 ft of cobbly to tal Divide in Rocky Mountain National Park and flows bouldery gravels impregnated in the upper several I northward to Kinikinik, then eastward from there feet by calcium carbonate (caliche). The quality through the mountains and foothills where it emerges of the sand and gravel in the low terrace over which much of Greeley is built has been influenced by the I at Laporte. Flowing v southeastward past Flatt Collins South Platte River but does contain 20 to 30 ft of and Windsor, the river joins the South Platte River clean, sound, pebbly to cobbly gravel and high-quali- east Greeley. Por convenience, the river basin has bee n divided into two portions: 1) upper, ex- ty coarse sand. Deposits at the south end of this tending from the headwaters to the mountain front; terrace are the result of South Platte River deposi- tion and, therefore, contain much finer grained R and 2) lower, from the mountain front Co the South aggregate than the coarser northern part which is Platte ther. the result of Cache la Poudre deposition. Several I In the mountains most of the significant betwe- plain, terrace, and alluvial fan deposits lie between remnants of a higher terrace, also containing very Spencer Heights (4 miles southwest of Kinikinik) and clean gravel and sands lie south of the river along Indian Meadows. Several other terrace deposits occur a 4-mile stretch gra vel pit operation of s were noted in the at Kelley Flats, Fort Collins Mountain Recreation Numerous Area, Dutch George Flats, and Big Narrows Campground. deposits in this area-33 around Fort Collins, 10 Ordinarily these deposits are sound and quite coarse, near Timnath, 6 near Windsor, and 39 at Greeley. A- consisting of granite, gneiss, and schist boulders bout two-thirds of these operations are located ad- up to 5 ft in diameter—material that would be set jacent to the river. In Fort Collins the finished aside as "oversize" in gravel pits on the plains. products include concrete and asconcrphalt tlagaggregate, These gravels, in places, may exceed 30 ft in thick- plaster sand, cement sand, ness. The finer grained matrix is very silty but washed rock, base course and subbase, and decorative 930931 r ' 13 stone (flagstone, crushed sandstone, feldspar, and east of Buckeye, and one was noted north of Arrow- ' quartz sand). Pit run, crusher cleanup, and silt head. Although the pit near Arrowhead is shown sand are also sold. Much of the material produced in a Cache La Poudre terrace on the map, the in Greeley is used for concrete and asphalt aggre- deposits are characteristic Boxelder gravels. gate and for base course. It is unlikely that the immense alluvial II West of Greeley, in the thick, clean terrace fans along Boxelder Creek will be considered for gravels south of the river, are 8 gravel pits oper- more than local needs, such as road base and aced by the Colorado Department of Highways. To the miscellaneous fills. The potential of the flood- south are 3 other pits in upland deposits of excep- plain and valley-fill deposits south of Welling- tionally high quality. ton is somewhat questionable because of the II The flood-plain and valley-fill deposits of the thick overburden and the proximity of the high- lower Cache la Poudre River obviously are the prime quality gravels along the Cache La Poudre River aggregate resources in this area and definitely near Fort Collins. should be considered for mineral conservation. North 1 of the river the lowest and highest terraces appear Lone Tree Creek and the High Plains to be significant resources, although not of high- quality aggregate. Even though a number of pit op- Lone Tree Creek heads in the Laramie Range of erations are located here, it is doubtful that the southern Wyoming, flows eastward to an area near II gravels can be easily upgraded. The amount of fines Cheyenne, and then southward into Colorado. The and e will be significant limiting factors in stream turns southeastward and joins the South Platte their use.use. The deposits in the middle terrace have River several miles east of Greeley. This complex little likelihood of ever being worked mainly because drainage system includes the valleys now occupied I of the thick overburden. The terraces south of the by Lone Tree Creek, Eaton Draw, Spring Creek, lower river at Greeley have great potential although, as Owl Creek, and upper Spottlewood Creek. To supple- implied above, much of the lower terrace has been ment the scarce well information in certain areas lost to urbanization. of the valley, several lines of holes were drilled Altogether, the reserves in the lower river in conjunction with the Colorado Geological Survey's II valley are adequate to meet the demands of the area. Windsor Environmental Geology Project. There is a possibility that some of the materials Several impressive, southeast-trending upland might be transported by unit train to such aggregate- surfaces flank upper Lone Tree Creek valley. The scarce areas as Denver. The feasibility of this op- 2 long surfaces east and west of Carr are covered I eration, however, will require further study. by 6 to 10 ft of pebbly to cobbly gravels contain- Boxelder Creek: Boxelder Creek heads in the ing substantial fines and calcium carbonate. Across southern end of the Laramie Range in Colorado, flows the valley 7 miles southwest of Carr is an 18-mile- southeastward to Fort Collins, and joins the Cache la long mesa capped by 10 to 15 ft of pebbly to cobbly I Poudre River. gravels and relatively clean, coarse-grained gravel- South of Gilman Mountain the stream emerges from ly sands partially covering a 6- to 15-ft-thick re- the hogback area and has built a massive alluvial sistant ledge of cobbly to bouldery conglomerate of fan toward the southeast. The gravels contain sig- the Chadron Formation (White River Group). I nificant fines, weak rocks, and, several miles down- More than 10 ft of clean, sandy, cobbly and slope, a caliche. Well logs indicate that the gra- bouldery gravels are exposed on several terrace lev- vels range from 30 to more than 60 ft in thickness, els developed along a 10-mile stretch in the vicini- with overburden as great as 20 ft. Across Boxelder ty of Carr. Creek from this fan is Rawhide Flats, probably a South of Carr, a large prominent terrace and an large alluvial fan of Rawhide Creek origin. upland surface divide Lone Tree Creek valley into Along the upper reaches of Boxelder Creek are two branches. Cross channels connect the two branch- several small terrace remnants containing about 20 ft es at several places between Carr and Greeley. Well of silty sand and gravel but with abundant weak logs and drill holes in the valley fills record up I (sedimentary) cleats. Somewhat more suitable gra- to 40 ft of clean sand and pebbly to cobbly gravels, vels lie in the high terrace north of Wellington the thicker deposits lying in the western valley. at the confluence of Boxelder Creek and Coal Creek. Exposures along the truncated end of the western val- Although recorded depths and thicknesses appear ley fill just east of Greeley show thick, fine-peb- 1 erratic in the well logs in the valley north of Wel- ble gravels that probably contain considerable lington, they reveal a rather deep canyon filled fines. Overburden becomes significant east of with nearly 100 ft of gravel and clay. In areas Pierce and exceeds 20 ft in thickness at higher lev- west of Wellington and north of Black Hollow Junc- els between Eaton and Greeley. I tion, the logs show 30 to 100 ft of valley-fill Between Pierce and the South Platte River are 3 deposits. The overburden here, however, is so thick elevated areas that separate the 2 main that these areas were excluded as potential resources. valleys. These features appear to be loess- Very few gravel pits were noted in the Boxelder covered bedrock highs that acted as islands or II Creek valley. Two pits were seen in terrace depos- interstream divides during one or more stages its—one southwest of Gilman Mountain and one oper- of the valley's history. The cross channels ated by the Larimer County Highway Department north that probably separate these highs suggest a of Wellington. Two pits were observed on the allu- large-scale braided stream network. II vial fan west of Boxelder Creek. In the flood-plain and valley-fill deposits, one gravel pit was noted Il 9:2,093? il,r � 't A, Sar � or-\ P -P' iy _ tleMMJ1b PAR' EXPLANATION t�32' LANDFORM UNITS npO • i , '• -- ni Flood-plain (F) and Valley-fill (V) deposits: T 44441419/ .• - Water-deposited gravel, sand, silt, and clay ' N along present stream courses. i..rt�; ` SStream-terrace deposits: Older stream deposits 1' " • p �a� now preserved as benches flanking present stream > A /M courses. Smaller and less distinct terraces are - t4 included with valley-fill deposits. - Upland deposits (U) : Mesa or bench-like erosional r: remnants of ancient stream deposits isolated above 3 "' a� " ; ; present stream courses. Alluvial-fan deposits (A) : " Q '' au q,''' Gently sloping, fan-shaped deposits of gravel, sand, trri, w• ` = taalf silt, and clay produced by a stream that issued ors "aF 0= h*_ issues from a narrow valley or point source onto an ''''47 �� • � z .✓"� open plain or valley. Includes erosional remnants of �.�_ '— fan deposits. .wa an-. : JPetit,,i ` Q Wind-deposited (eolian) sand dunes. _,,,t 4h -. - Q RESOURCE CLASSIFICATION 2 A 's°e ' `_, N Coarse Aggregates '.' eC t • Gravel: relatively clean and sound. 0. 5 N, 2 Gravel: significant silt, clay, incompetent rock iW and/or calcium carbonate (caliche) . o ` APAH6.NA_ At DQES1 ;� "• Fine Aggregates s 46 , ��(1. ,:.1-- 3 Sands: includes sands ranging from coarse gravelly T cl,,zsi'b' stream sands to fine-grained wind-deposited dune sands. I " ` `?` 1 , Unevaluated Aggregates 3 M 4 Coarse and fine aggregate resources that were not evaluated e because of inadequate exposures, lack of drill-hole data, r•" :t ` • location, access, poor potential, areal extent, or a prior .m ,,,■ � , {: land use that excludes the possibility of recovering aggre- f' t gate. _ . j ; :. ' . MAP SYMBOLS s7 'id -'.`` Landform unit 4( ' o Resource classification fit .,+•. e }° i• This example symbol indicates a low-quality upland gravel �\i+ l 1` i deposit. The gravel contains significant amounts of silt, ;r•..sr _- clay, incompetent rock, and calcium carbonate (caliche). N Tow a T!W • - 1,•C•tion of active or inactive gravel and sand pits. quarry agar komouNalarate resource area. Only the areas `-4 ., IIIIII -r • rock"for quart U93?� el%, ring stone Y aggregate are shown. Al- 9," yr...... ..n Terrltsa reermr.r _„ quarries limo -.. _1_,., .1,nrn .. • 5 V3 a —Y _' s. . Ir I + 9 t . 52 �1 t ♦! 4 .---, (fir \ \\ 9 �-. T3 �2� V - ■ a• . • r1 �� a. v SEi4l la H �d'' y U♦ T2 a.m.DI'r L �I e "r x y;. rM`�y„yr. ,�•ni n • at L �a✓xa'c- o- a....... , ;,11, �.�- 1, A` -� carr s r - is 1 v ti r , is - \ ` , • _ C of t farm r�.. iV 4, olon — )..'t../..."': Via _ \ �'' a .w.5 r E3. F r.t�' Fa,,,h• - N c 1 C Z Ea ' 'Sin y �• v V+- - ,) 3 . T4 . 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U 471 \T 4, ` ,4 Da,a., .• • 4. C9 / � • r , T ' 1 �.. Planar MnamiR U4 - i a` - -t'' I p.a45 PR . f . ` 4v . { - ,_.-.f 1 ••• % / .\E4•_ 1 c • (� ` "E..'1, ; '.r SA{ 'r �✓ MiL" r,a, t ar� �DA�• L�t � �ROSv _ FY. • -. V4 — �. �U4 < f- U4.. • -�• • ru ..f. 1 TMs.:.-.• _ _ ' '4E4' S,:r •3l•� ' THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # Z- 480 THE SIGN WAS POSTED BY: Gary R. Gettman NAME OF PERSON POSTING SIGN SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS 20th DAY OF June , 19 co . S EAIO,O“u '{.. r T10%� qtTA R y 9y„ NOTARY C MY'COMMISS30NNE)CPIRES 6/21/93 LAST DAY TO POST SIGN IS: June 26 , 1993 . PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. it - CEIVE JUL 0 11993 11 tvPi „6n3„ REFERRAL LIST NAME: Ted Rothe CASE NUMBER: Z-480 REFERRALS SENT: June 8, 1993 REFERRALS TO BE RECEIVED BY: June 22, 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 X Airport Authority _Firestone _Building Inspection _Fort Lupton _Frederick STATE _Garden City Division of Water Resources Gilcrest X Geological Survey X Greeley Department of Health Grover X 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 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 ----Windsor/Severance F-17 USDA-APHIS Veterinary Service -- --Wiggins F-18 Federal Aviation Administration X 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 _Longmont West Adams COMMISSION/BOARD MEMBER X Bud Clemons 90931 COMMUNITY DEVELOPMENT City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley June 30, 1993 Chuck Cunliffe, Director Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley CO 80631 Dear Chuck: Weld County Case No. Z-480 The City of Greeley Planning Commission, at its regularly scheduled meeting on June 22 , 1993 , reviewed the above-referenced case. In a 5-0 vote it found that the amended request to rezone the property from C-1 to I-2 does comply with the Greeley Comprehensive Plan. The applicant's representative, Gary Gettman, indicated a willingness by the owner to agree to the less-intensive I-2 zoning instead of the more intensive I-3 zoning which was originally requested. Mr. Gettman indicated to me that he would contact you regarding an appropriate amendment to the application. For your information and convenience, I have included a copy of the staff report and the minutes. The Greeley Planning Department appreciates the opportunity to comment on this project. If you have any questions, or if I may be of any assistance, please do not hesitate to contact me. Sincerely, Gre4r171114- ebbe Planner II kb J CE IVE Enclosures gJUL 0 1 1993 Planning PLANNING COMMISSION SUMMARY ITEM: Weld County Referral PROJECT: Rezone from C-i (Commercial) to I-3 (Industrial) LOCATION: Northeast of the Intersection of Highway 85 Bypass and 8th Street APPLICANT: Ted Rothe PLANNING COMMISSION HEARING DATE: June 22, 1993 PLANNING COMMISSION FUNCTION: Make a recommendation to the Weld County Planning Commission on development conformance with the City of Greeley's Comprehensive Plan. PROJECT OVERVIEW: This request involves two contiguous ten-acre parcels of land located north of East 8th Street, south of East 4th Street, and approximately 1, 000 feet east of U.S. Highway 85 Bypass. The two lots are shown as Lot 1 and Lot 4 on Attachment A. The property is located within both the City of Greeley Mid- Range Expected Service Area and the 1986 Comprehensive Long- Range Expected Growth Area. Therefore, by virtue of Section 19- 7 of the City Charter and the 1987 Weld County Comprehensive Plan policy of referring land use proposals for review and comment to any jurisdiction within three miles of the proposal, the proposal is within the purview of the Greeley Comprehensive Plan. Since this request is only for a rezone, there are no site design issues involved with this request. The applicant suggests that given the lack of arterial street frontage and visibility plus the I-2 and I-3 zoning on three sides, the C-1 zoning (Neighborhood Commercial) is faulty. (See Attachment B for the applicant's narrative. ) In subsequent discussions with the applicant's representative, a willingness to consider less intensive I-2 zoning instead of the more intensive I-3 zone has been expressed. BACKGROUND: The uses allowed in the Weld County C-1 zone are similar to the Greeley C-1 zone. The intent of the district is to provide convenience goods and services primarily for the residents of a specific neighborhood. The C-1 zones are to be located, 920931. designed, and operated in a manner that minimizes the undesirable impacts of the allowed commercial uses in which they are located. The uses allowed in the C-1 zone are summarized below. C-1 (Neighborhood Commercial) District Uses by Right No Outside Storage Personal Service Stores and Shops (Max. of 3 , 000 Sq. Ft. ) Restaurants (Max. of 100 People) Schools, Churches, and Other Community Buildings Public Buildings Offices Utility Service Facilities Accessory Uses Employee Parking Screened Loading Structures Storage Buildings Single-Family Residences Uses by Special Review Recreational Facilities Communication Towers Restaurants with 100+ Seats Offices Over 3 , 000 Sq. Ft. For a complete list of uses, please see Attachment C. The uses allowed in the Weld County I-3 (Industrial) zone are similar but generally less intense than the Greeley I-3 zone. The intent of the Weld County I-3 zone is to provide a zone to accommodate industrial uses which may create adverse visual impacts for adjacent uses. As a result, such uses may require locations relatively isolated from other land use types. The uses allowed in an I-3 zone are summarized below. I-3 (Industrial) District Weld County Uses by Right City of Greeley Uses by Right Manufacturing, Fabricating, With Unspecified Use Permit Processing, Assembling, Storage & Research Signs (including billboards) No Billboards Equipment & Vehicle Parking Same as Weld County Utility Facilities Same as Weld County Public Buildings Same as Weld County Schools Same as Weld County Oil & Gas Production Facilities Same as Weld County Domestic Sewage Sludge Disposal With Unspecified Use Permit Planning Comm. Summary 2 WCR/Rothe Rezone 9170931 Weld County Accessory Uses City of Greeley Accessory Uses Offices All the Same as Weld County Loading Areas or Structures Parking Areas or Structures Single-Family Dwellings Recreational Facilities Retail Sales, If UBR Product Weld Co. Use by Special Review Greeley Use by Special Review Airstrips Same as Weld County Communication Towers Same as Weld County Major Public Utilities With Unspecified Use Permit Commercial Junkyards w/Additional Setback & Maximum Stacking Height Same as Greeley Manufacturing and Storage of Explosives USR in Agricultural Zone Feedlots and Stockyards Same as Greeley Slaughterhouses, Rendering & Packing Plants and Tanneries USR in Agricultural Zone Grain and Feed Elevators Same as Greeley Foundries Same as Greeley Other Unspecified Uses For a complete list of Weld County and City of Greeley I-3 uses, please see Attachments D and E, respectively. The Weld County I-2 (Industrial) zone provides a zone to accommo- date industrial uses which cannot conform to the stringent visual impact requirements of the I-1 (Light Industrial) district and which do not want to be subjected to the potential adverse visual impacts permitted in the I-3 district. The intent is to permit industries which may create moderate visual impacts. The uses allowed in the Weld County I-2 zone are similar to those of the I-3 zone; the I-2 uses just cannot create as much as a visual impact. The applicant would be able to have the desired land use of oil and gas drilling pipe storage in an I-2 zone as a use by right. LAND USES OF ADJOINING PROPERTIES: North - Agricultural South - Industrial/Commercial East - Gravel Extraction and Industrial West - Vacant/Industrial ZONING CLASSIFICATIONS OF ADJOINING PROPERTIES: See attached zoning map. Planning Comm. Summary 3 WCR/Rothe Rezone 930931 KEY ISSUE: Does the proposed rezone comply with the City of Greeley Comprehensive Plan? ANALYSIS: The applicable Greeley Comprehensive Plan policies are as follows: Policy 3 . 1 Industrial development is encouraged to be located in areas where conflict with other land uses are minimal and which have rail access and/or close proximity to expressways. Policy 3 .2 Industrial development is encouraged to be located so that negative external influences generated by the industrial use do not affect either existing or potential non-industrial land uses located within the Long-Range Expected Growth Boundary. Policy 3 . 3 Industrial development is encouraged to be geographically separated from existing or anticipated commercial and residential land uses if it is of a high-impact industrial nature that generates significant negative external impact. Staff Response: Heavy industrial uses allowed in the I-3 zone on Lot 4 would have minimal visual conflict with existing or potential surrounding land uses due to the screening provided by the existing and trees to the north and west. The site is generally separated from anticipated commercial and residential land uses to the north, unless the use is something like a rendering plant or a tannery. Uses such as rendering plants or tanneries could have significant negative external impacts on the surrounding uses. Since the site is within 1, 000 feet of U.S. Highway 85 Bypass, it has close proximity to an expressway. Policy 4. 2 All development is encouraged to enhance the visual appeal of the city with a special emphasis on the city' s principal thorough- fares, entryways, and activity areas. Planning Comm. Summary 4 WCR/Rothe Rezone 930931 Staff Response: The Weld County I-3 zone is not intended to enhance the visual appeal of the area. (See intent of I-3 zone above. ) The existing Weld County I-3 zone to the east of the applicant's site and adjacent to U.S. Highway 85 is currently over 50 percent developed, primarily at a Weld County I-2 level of development. This development provides significant visual screening of Lot 4 from Highway 85. The site was zoned I-3 in 1976, prior to the adoption of the City of Greeley Comprehensive Plan, including the policy of separating high-visual- impact uses from major thoroughfares and entryways. The I-3 zoning adjacent to a major thoroughfare or entryway is not compatible with the Greeley Comprehensive Plan. Staff is also concerned about other potential intense I-3 land uses, such as rendering plants or tanneries, which may not present a heavy visual impact. Zoning is semi-permanent, particularly once a land use is established. The concern is that at some point in the future an intensive use, such as a tannery or junkyard, may seek out and wish to occupy the vacant I-3-zoned property. Lot 1 is visible from both East 8th Street and U.S. Highway 85 Bypass, both of which are principal thoroughfares and entryways into the city. The area south of the site to East 8th Street (approximately 500 feet) is zoned 1-2 (Medium Industrial) by Greeley. The area to the west of the site to U.S. Highway 85 Bypass (approximately 1, 000 feet) is vacant and a Weld County Agricultural zone. Because the land agriculturally zoned is vacant, a high visual impact use, such a commercial junkyard on Lot 1, would be clearly visible from U.S. Highway 85 Bypass. Policy 5.3 . 1 When developing in the vicinity of the Weld County Airport, industrial development may be permitted if safety and noise issues are fully addressed. Staff Response: The site is entirely within the Weld County Airport area of influence. The manager of the Weld County Airport has indicated that the proposed rezone should not present any safety or noise issues. Planning Comm. Summary 5 WCR/Rothe Rezone 930931 PLANNING STAFF RECOMMENDATION: Find that the proposed I-3 rezone does not comply with the City of Greeley Comprehensive Plan. Recommend that the site be rezoned I-2. Planning Comm. Summary 6 WCR/Rothe Rezone 920931. the City of Greeley's Comprehensive Plan. The motion carried 5-0 (Lockhart absent; one vacancy) . VI. WELD COUNTY REFERRAL FOR A REZONE FROM C-1 (COMMERCIAL) TO I-3 (INDUSTRIAL) Greg Flebbe, Planner II, advised that the area of the proposed rezone is east of 8th Street and south of 4th Street. The applicant proposes to change the zone from County C-1 to I-3 in order to allow him to store oilfield equipment. Mr. Flebbe advised that the applicant and City staff had discussed zoning the site I-2 as I-2 zoning would allow much of the same uses as the I-3 zone but would allow less visual impact than the I-3 zone. Mr. Flebbe advised that the key issue for the Commission to consider is whether the proposal complies with the City's Comprehensive Plan. He asked the Commission to keep in mind the issues of compatibility and visual impact. In conclusion, Mr. Flebbe recommended that the Commission find that the proposed rezone to 1-3 does not comply with the City's Comprehensive Plan and to recommend that the site be rezoned to County I-2 . Commissioner Slomer moved to accept staff's recommendation. The motion was seconded by Commissioner Wones. The motion carried 5-0 (Lockhart absent; one vacancy) . VII. STAFF REPORT Henry Epstein, Planning Administrator, advised that the City of Greeley will co-sponsor a seminar on growth management in northern Colorado with Larimer and Weld Counties and the cities of Fort Collins and Loveland. VIII. ADJOURNMENT There being no further business, the meeting was adjourned at 4: 30 p.m. Paul Allen, Chair Henry M. Epstein, Planning Administrator Planning Comm. Minutes 11 June 22 , 1993 92093] ret DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631631 COLORADO June 8, 1993 CASE NUMBER: Z-480 TO WHOM IT MAY CONCERN: Enclosed is an application from Ted Rothe for a Change of Zone from C-1 (Neighborhood Commercial) zone district to I-3 (Industrial) zone district. The parcel of land is described as Lot 1, NW4 SW4 and Lot 4, SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the City of Greeley; approximately 1/4 mile east of State Highway 85 and 500 feet north of State Highway 263. 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 June 22, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed yu). 1✓.42u+k,w.L-' Agency: W$.5Ti.P.+J 1, us See ?RtC . ()tar. Date: (0- 2A-q3 D JUN 2 2 1993 k\i 97093 mEmoRAnDum WILD 0 Chuck Cunliff To Weld County Planning Dote June 22, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Heal Subject Case Number: Z-480 Name: Rothe, Ted Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 2. The Division requires that this facility utilize existing public water supply. 3. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 4. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. JSP/cs-1181 J JUN 2 3 1993, \\\ Q?(lgg4 ! mEMORAnDUM Chuck Cunliffe To Planning Data June 18, 1993 COLORADO From Donald Carroll 19/24 Subject. Ted Rothe Z-480 I have reviewed the application and have the following comments: Weld County's design standards state county roads should have the following minimum right- of-way: 60' for local; 80' for collectors; 100' for arteries. The applicant is indicating this is an easement from E. 8th St. Also, county roads should have the following minimum lane and shoulder widths. Since this is an industrial site, the collector or the artery lane needs to be a minimum width of 12' with a minimum shoulder width of 4' . The applicant is not identifying a cross-section of the easement. Therefore, we do not have any idea what the width of this easement is. This needs to be identified and built to handle industrial type traffic safely. The applicant should also contact the State Highway Department for an access permit onto State 263, also known as E. 8th St. cc: Commissioner Baxter File Z-480 DEC WE mchuck4.pds JUN 2 2 1993 11 Wci2 Cauq,4y Pleettin 9:033 // 3 Siva 2-one- , .EA- S{Fgs f1E7664,rt ,\„,„;„,, DEPARTMENT OF PLANNING SERVICES Wilpe, PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140N 17 EY, O ORAAVENUEO631 GREELEY, COLORADO80631 COLORADO (c ) June 8, 1993 AgToaG\oa.nt\-C\-)uA( •'"Ts,';y� CASE NUMBER: Z-480 TO WHOM IT MAY C0NCERN: h(` l� p'�, - Enclosed is an application from Ted Rothe for a Change of Zone from C-1 (Neighborhood Commercial) zone district to I-3 (Industrial) zone district. The parcel of land is described as Lot 1, NW4 SW4 and Lot 4, SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the City of Greeley; approximately 1/4 mile east of State Highway 85 and 500 feet north of State Highway 263. 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 June 22, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. \o�\` 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town r _,Y for the following reasons: ?le3. We have rev'}}ewedpth�e mrequest and find no conflicts with our interests.\JdlLM.->4Y "craV cal. an Qe.�kQa )- '°�" ectp'*tan$,L 'ttnprv`S;b`1` ,14- \AaQ y.�SEexr,. 4. A ofmmal rec mmen ation is Under considera ' 9L be submitted to you prior to: _CO 0) JUN 1993 -A\ 5. Please refer to the enclosed letter. N . : . Signed: Agency: i ��`' e Date: 0 1Colci3 '\ /:19 '',1[\I 2 2 1993 11 t SSor\ ✓OAra Yr�axk" �, i4S - ' - l'�ct!inn!"Planning !� 9-3093' rce ....,Hi DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO June 8, 1993 CASE NUMBER: Z-480 TO WHOM IT MAY CONCERN: Enclosed is an application from Ted Rothe for a Change of Zone from C-1 (Neighborhood Commercial) zone district to I-3 (Industrial) zone district. The parcel of land is described as Lot 1, NW4 SW4 and Lot 4, SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the City of Greeley; approximately 1/4 mile east of State Highway 85 and 500 feet north of State Highway 263. 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 4 will ensure prompt consideration of your recommendation. Please reply by June 22, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. \� We have reviewed the request and find no conflicts with our interests. 1..,,-.. ce->r*gc-. ..�.--‘,„\ 1. , -sce 4,:\ v c.-„e c•c--- 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to h enclosed letter. Signed: ,�T _ Agency: L�K �ZZC ��y? L i i�a� Date: �_- '4\ ,S N II JUN 17 1993 .olenninr • x0.34 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 0 EY N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO June 8, 1993 CASE NUMBER: Z-480 TO WHOM IT MAY CONCERN: Enclosed is an application from Ted Rothe for a Change of Zone from C-1 (Neighborhood Commercial) zone district to I-3 (Industrial) zone district. The parcel of land is described as Lot 1, NW4 SW4 and Lot 4, SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the City of Greeley; approximately 1/4 mile east of State Highway 85 and 500 feet north of State Highway 263. 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 June 22, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: • c� DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 0 1400 N. 17TH AVENUE GREELEY, COLORADO 80631631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, July 6, 1993, at 1:30 p.m. for the purpose of considering a Change of Zone for the property described below. APPLICANT: Ted Rothe LEGAL DESCRIPTION: Lot 1, NW4 SW4 and Lot 4, SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A Change of Zone from C-1 (Neighborhood Commercial) zone district to I-3 (Industrial) zone district. LOCATION: Adjacent to the City of Greeley; approximately 1/4 mile east of State Highway 85 and 500 feet north of State Highway 263. SIZE: 20 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on July 6, 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) t• e by June 10, 1993. Received by.j Date: J 930931. 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 Z-480 for Ted Rothe in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 10th day of June, 1993. 930931 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3645, EXT. 3540 WI 1 D WELD COUNTY ADMINISTRATIVE OFFICES 017TH AVENUE GREELEY, N.COLORADO 80663131 COLORADO DATE: June 8, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-480 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, July 6, 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: Ted Rothe FOR: A Change of Zone from C-1 (Neighborhood Commercial) zone district to I-3 (Industrial) zone district. LEGAL DESCRIPTION: Lot 1, NW4 SW4 and Lot 4, SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the City of Greeley; approximately 1/4 mile east of State Highway 85 and 500 feet north of State Highway 263. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Chuck Cunliffe, Director. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 970931 SURROUNDING PROPERTY OWNERS AND/OR Ted Rothe Z-480 Ted Rothe 1847 26th Avenue Court Greeley, CO 80631 Loloff Construction, Inc. Box 518 145 3rd Street Kersey, CO 80644 Eldon L. and Patricia J. Harrell 4123 Central Avenue Evans, CO 80620 Jay E. Goza 1944 26th Avenue Court Greeley, CO 80631 Wayne and Mary Wadsworth 260 1st Avenue Greeley, CO 80631 Kimberlie A. and Kevin D. Skatum Kellie S. Malone 10575 W. 120th Avenue Broomfield, CO 80021 Kejo Investments 2615 Oak Drive, #1 Lakewood, CO 80215 HR Catherwood 130 Lafayette Denver, CO 80209 Curtis L. and Heide R. Shupe 115 E. 4th Street Road Greeley, CO 80631 Bristol Production 720 9th Street Greeley, CO 80631 97,0931. SURROUNDING PROPERTY OWNERS AND/OR Ted Rothe Z-480 Otis Oren Ross Route 1, Box 3 Greeley, CO 80631 Robert D. Francis Box 843 Greeley, CO 80632 Strong Farms Inc. and Curtis Strong Box 10 Platteville, CO 80651 Midexco Construction, Inc. 417 8th Street Greeley, CO 80631 Burris Company, Ltd. Box 1747 Greeley, CO 80632 Martin and Viola Frei 2045 Cherry Avenue Greeley, CO 80631 Barnett and Brinkman Enterprises 301 E. 8th Street Greeley, CO 80631 Marge T. Ruland 1912 26th Avenue Greeley, CO 80631 Noffsinger Manufacturing Company, Inc. 500 6th Avenue Greeley, CO 80631 Helen T. Redmann 5855 W. Lehigh Avenue Denver, CO 80235 9?0931 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # (SUBJECT) Ted Rothe (owner/Applicant) 1847 26th Avg Q1, ireeley 0961-04-20Q-010 80631 Loloff Const. Inc. Box 518 145 ��d St. Kersey 80444 "' -013 Eldon L., &Patricia J. Harrell 4123 Central Ave Evans, CEO - " -002 80620 Jay E. Goza 1944 26th Ave Ct. Greeley, CO 80631 _ " -405 Wayne & Mary Wadsworth 260 1st Ave Greeley, CO " -003 Kimberlie A. & Kevin D. Skatum )6 interest 10575 W, 120 Ave Kellie S. Malone interest Broomfield, CO 80021 0961-04-2-02-005 K ; 0 80215 " -0Q4 HR Catherwood 1 0 f ti _nn� Curtis L. & Heide Rs Shupe 115 E. 4th St. Rd. GrEeley,806L31 " -006 Bristol Production 720 9th St. Greeley, CO 80631 " -nn2 (SUBJECT) Ted Rothe (owner/Applicant) 1847 26th Ave C�tj Greeley, Q -04-3-01-00 80631 Otis ORen Ross Rt. 1 Box 3 Greeley, CO 80631 " -001 Robert D. Francis Box 843 Greeley, CO 80632 " -Q11 Strong Farms Inc. & Curtis Strong Box 10 Platteville, CO " -0?5 80651 Midexco Constr. Inc. 417 8th St. Greeley, 80631 " -015 Burris Co. Ltd. Box 1747 Greeley, 80632 " -005 Martin & Viola Frei 2045 Cherry' Ave Greeley, 80631 " -014 Barnett & Brinkman Entpr. 301 E. 8th St. Greeley 80631 " -013 +� ?? " -003 (9) AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Lot 1 , NW4, SW4, Section 4, T5N. R65W Lot 4, SW4, NW4, Section 4, T5N, R65W SATE 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 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the application submission date. The foregoing instrument was subscribed and sworn to before me this 4thdny of June , 19 93 , by Ted Rothe WITNESS my hand and official seal. ay Com:lesion expires: 6/21/93 Notary blic (10) 9?093i REZONING APPLICATION- TED ROTHE AFFIDAVIT OF INTEREST OWNERS MINERAL AND/OR SUBSURFACE ESTATE Application No. Subject Property: Township 5 North. Range 65 West. 6th P.M., Weld County, Colorado Section 4: Lot 4 of the SWY4NWY4 and Lot 1 of the NWY4SWY4, according to the Subdivision of Lands by the Union Colony (also described as the SEV4SW1/4NWV4 and NEKNW' SW') STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his knowledge the following is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the above described parcels of land as their names appear in the records of the Weld County Clerk and Recorder based on the tract index of Transamerica Title Insurance Company of Greeley current through May 6, 1993 at 7:45 a.m. Lot 4 of the SW' NW' : Lot 1 of the NW' SW' : MINERAL OWNERS: MINERAL OWNERS: Ted Rothe (Applicant) Marge T. Ruland 1847 26th Avenue Ct. 1912 26th Avenue Greeley, CO 80631 Greeley, CO 80631 Noffsinger Manufacturing Co., Inc. Helen T. Redmann 500 6th Avenue 5855 W. Lehigh Avenue Greeley, CO 80631 Denver, CO 80235 MINERAL LEASEHOLD OWNERS: MINERAL LEASEHOLD OWNERS: None - unleased None - unleased William G. Crews Certified Professional Landman #3477 Subscribed and sworn to before me this 4th day of June, 1993. My commission expires: C ��2":EC Notary Public (11) Q-,Vnn* DEPARTMENT OF PLANNING SERVICES PHONE(303) 353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAO AVENUE COLORADO 80631 COLORADO June 8, 1993 Ted Rothe 1847 26th Avenue Court Greeley, CO 80631 Subject: Z-480 - Request for a Change of Zone from C-1 (Neighborhood Commercial) zone district to I-3 (Industrial) zone district on a parcel of land described as Lot 1, NW4 SW4 and Lot 4, SW4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Rothe: 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 July 6, 1993, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of, the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Planning Commission for its review and comments. Please call Hank Epstein at 350-9780, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to June 23, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than June 25, 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. 9709a Ted Rothe June 8, 1993 Page 2 The Department of Planning Services' staff will make a recommendation concerning this -, application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Chuck Cunliffe, AICP Director CAC/sfr ll 97— 0931. Hello