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Home My WebLink About900946.tiff ' -1 ,l I i, 5 „ U �;r,CI'ao'IUI I .k 3.,i!''''‘ ; � '',� u{ F• _ �' + III a fu osmn - O it -74 I. Q \ nr ^� 1 U ,�°a� ( 2 Nto z °im ei ai \ "i 1 �R N Nn— O u u�°F' 5�' xo � V�) W ,� �~ _ a =l > F„ as 1 ,2 4 . . n ' F: ;p•i „ . . yy f j3N-Y.;Ln:aG F,8 CO ry1 Wn�'l of i"iF EFAN 1!It?'= Yr;y��.,Sd!C^:.1PEF . I Q Kildda i'. E 'e !&k' N ,_ - Cn ;Mil Eipt r— N LLl .1,34''' 'si7 � x M i.jra3W.E ?-=:-.a8.1: _ f .�__..e._ I� (O 47.'°i f W W i3 '.1::! c s sry 1”31 �' �_� -- j a .-7 S� F:e �v aR 1s y.�(: Ox'/'1",,-..-.-.- 1 �� ® TC — 0 : Ili n En,? ^ =8:$ C $.L•"s O S, -eF zo 505 - "�..�'"`^j J p 202222 e a ra' — a. �; h S 4 i i i :a: a as ''p it 7F glai -} 3I/ '. i r-7-N, F- a a' aG Y- 53 ]s itai i % r i'"' i i1 V% Q° - .. .. ., .. , @njjel� i ue EF y' E ;{ RW i5R r➢=:i _ - �' ° CL N- IiC ' L , ES- pE C¢¢i..S'®®�9e ;,- --I'_ __ - .... _ O —_ Q ^ ,c tl� a YaG5 Sc iE' GG ExL ItCA Y a-0— -�� _j S/ 8'JM o - #.: . CO N r"^ ji � 5F,t ai;6'C1,7 9 9i daa 8R2 2, .21 - _ Q - © }a .,, a> uj r: rAyF a ip rN % h IL:, E'e _ 1 - //p(�� a i hi i3 �- CO .. a A la a R F 1„-„S � .] - � r --I i 3I�a rE 3i i F: ?�� `Fy i` o ~� ~ 2o _ ., ., :, ft�ft i ill i a , its c�N` r7, j'aj a ' - m r , 4:!B a9 i a"a.i P';', 3 a .N t r n Na. 3c i=5 p:::,i 'a e © O C� C� n '"` ` i, 9"2i, a: :I L:: lift in:FaE, a:F C-.C Ea NF ai;E J _ I ' •.. ; r. , U' r I- CI ': ®--a-— L �' AiE ier O0/SS ill 06 I,F.O04' I ( _ i F `fth ZA M 1�37VfW 01 so CL 3; ;_,;..t...,, 5� .I) `; E_ -- §2o q , o! o W : �oc'o ®(Do ®(Ds1 z c n d_ DI wa C' - N 1 } Ic SZ °W i _t___ I -- --- -_ __4.Ll.5__ _— _J--7..____-- M 00 fi.00S MOB 07 9/ 8JM gooCI9C RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT - JAMES AND JANICE SCHMIDTBAUER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 10th day of October, 1990 , at the hour of 10 : 00 a.m. , in the Chambers o£ the Board for the purpose of hearing the application of James and Janice Schmidtbauer, 3000 Adobe Drive, Fort Collins, Colorado 80525 , for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment on the following described real estate, to-wit: Part of the NW} , Section 17 , Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicants were present, and WHEREAS , Section 24 .4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicants and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicants have shown compliance with Section 7.4 .4 . 2 of the Weld County Zoning Ordinance as follows: a. The proposed Special Review Permit area is located within the urban growth boundary area of the Town of Windsor. The Windsor Planning Commission has reviewed the request and has no objections to this proposal. The location of the Special Review PL0817 900946 Page 2 RE: USR - SCHMIDTBAUER Permit area and attached Conditions and Development Standards make the proposed use consistent with the Urban Growth Boundary Area Goals of the Weld County Comprehensive Plan. b. The proposed use is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. c. The uses permitted will be compatible with the existing surrounding land-uses and with the future development of the surrounding area as permitted by the A (Agricultural) Zone District. d. No overlay districts affect the site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s Office within 15 days of approval by the Board of County Commissioners. 2 . No building or electrical permits shall be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to recording the Special Review Permit plat map, a screening plan for the equipment storage area shall be submitted to the Department of Planning Services for review and approval. The approved screening plan shall be incorporated into the application materials and shown on the Special Review plat map. 900946 Page 3 RE: USR - SCHMIDTBAUER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of October, A.D. , 1990 . I „ S BOARD OF COUNTY COMMISSIONERS ATTEST: j� j/�' WELII�� UNTY, CO ORADO Weld County Clerk to the Board Q�o//� gene R. Brantner, Chairman eorge Kennedy, Pro-Tem _' Deputy Clerk to he Board EXCUSED DATE OF SIGNING - (AYE) APP VED AS TO FORM: Constance L. Harbert C.W. Kir - O C unty Attorney G 900946 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JAMES AND JANICE SCHMIDTBAUER 1 . The Site Specific Development Plan and Special Review Permit is for an agricultural service establishment as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3 . Waste oil, waste paints, anti-freeze, and other associated liquid and solid wastes , shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4 . An Air Emissions Permit shall be obtained from the Colorado Department of Health, Air Pollution Control Division, for control of fugitive dust and odors, if required. 5 . No permanent disposal o£ wastes shall be permitted at this site. 6 . Fugitive dust must be confined to this site. 7 . The maximum permissible noise level shall not exceed the industrial limit of 80dB (A) , as measured according to 25-12-102 , C.R.S . 8 . The septic system for the proposed facility is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 9 . Outdoor storage of noncommercial junkyard material, waste oil, and all other materials associated with the business will be limited to the 10 ' x 10' storage area shown on the Use by Special Review plan map. 10 . All outside storage of equipment waiting to be serviced and equipment waiting to be picked up shall be screened from all adjacent properties and public rights-of-way. 11 . The approved screening plan shall be maintained at all times. 900946 Page 2 RE: DEVELOPMENT STANDARDS - SCHMIDTBAUER 12 . No automobiles shall be repaired on the property except those owned by the applicant. 13. Signage must be in compliance with Section 42 . 2 of the Weld County Zoning Ordinance. 14 . The operation of equipment being serviced on the property shall be limited to the time period between 8: 00 a.m. to 6 : 00 p.m. , Monday through Friday, and 9 :00 a.m. to 12 : 00 noon on Saturdays. 15 . Access shall be from Weld County Road 15 as shown herein. 16 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17 . The property owner or operator shall be responsible for complying with the Design Standards o£ Section 24 .5 of the Weld County Zoning Ordinance. 18 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 19 . Personnel from the weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 20. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations . Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 21 . The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 900946 HEARING CERTIFICATION DOCKET NO. 90-40 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT - JAMES AND JANICE SCHMIDTBAUER A public hearing was conducted on October 10, 1990, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Brian Grubb The following business was transacted: I hereby certify that pursuant to a notice dated September 10, 1990, and duly published September 27, 1990, in The New News, a public hearing was conducted to consider a Site Specific Development Plan and Special Review Permit for an agricultural service establishment requested by James and Janice Schmidtbauer. Lee Morrison, Assistant County Attorney made this matter of record. Brian Grubb, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. Mr. Grubb stated that the plat would be amended to increase the storage area of the facility. James and Janice Schmidtbauer, applicants, were present and answered questions of the Board concerning the hours of service on their property. There was no public comment offered concerning this request. Commissioner Lacy moved to approve the request for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment with the increase in the storage area; the amendment of Development Standard #14 to read as follows: "The operation of equipment being serviced on the property shall be limited to the time period between 8:00 a.m. to 6:00 p.m. , Monday through Friday, and 9:00 a.m. to 12:00 noon on Saturdays."; and the Planning Commission's recommendation. Commissioner Kirby seconded the motion, and it carried unanimously. This Certification was approved on the 15th day of October, 1990. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: '�'r7 WELD TY, COLORADO ��i�G icy✓.�� .-' ✓ Weld County Clerk to the Board a��o� Gene R. Brantner, Chairman Deputy Clerk to the Board George Ke� ro-edy, em 0 EXCUSED DATE OF APPROVAL Constance L. Harbert /4/4-4:7 C.W. Kir Gor cy TAPE #90-37 DOCKET #90-40 PL0817 900946 STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David H. Reynolds, being duly sworn , says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, entitled "An Act to regulate the printing of legal notices and advertisements, " and amendments thereto; that the notice of which the annexed is a printed copy taken from said newspaper, was . published in said newspaper, and in the regular and entire issue of rosuc Naccce bountyy every number thereof , The card of Weld c°tem caroxa Sl°noes Ootober )°a site i cant.a. appere taa. at, once a week for 1 SF � �°aerpeoae tdet,,��bed successive weeks; that said notice treT°Irt aarlaa 0°tetot was so published in said newspaper paint`e� u-i e aV�cd,6ttoe a proper and not in any supplement T � ae'ieaa- and Janice thereof , and that the first SW IA: Aaobe rt of publication of said notice as Fp�Rt�° ov aforesaid , was on the thGN , 'Wseetioallamadoce� `c��,t' (�1 P°P1eld Inc�pntMENASI Y.at,;;a 1 6 d a y of V O , 19 R U A YRMED "°ent servtee�FtaPb ARIL: y.T4 acres, attd and the last on the ult / g day of Feiwre�a pproval W by the urn vested 0 co-iatia odetture. °d dfe TY 9 I p properU'�'tBppRD_.QF c p�� //�� ' AI,p ccUN�TY�p WA"y1 ` / .."AEI.D cpU�CTTY,��gt3ApRD '➢QF—.1\ gY:ShaUY�tapet SaB, 199°, in tiBNLD y Subscribed and sw rn to before me this a3A day of di, a.s-4<-c. 19 yip. f ,/� r,r r: ;t; s m? My Commis or . _. , PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on October 10, 1990, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: James and Janice Schmidtbauer 3000 Adobe Drive Fort Collins, Colorado 80525 LEGAL DESCRIPTION: Part of the NW* of Section 17, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Agricultural service establishment SIZE OF PARCEL: 5.74 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly Miller, Deputy PUBLISHED: October 18, 1990, in The New News STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David B . Reynolds, being duly sworn , says that he is publisher of The New News , a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and uninterruptedly published therein , during a period of at least fifty-two consecutive weeks prior to NOTICE Pursuant to the zoning laws of the the first publication of the annexed state of Colorails and the weld notice• that said news a e r i s a will be held county 7o ordinance,a public p p hearing f11" in the Chambers of the Board of County' newspaper within the meaning of the Commissioners of weld Canty, Colorado, Weld County Centennial act of the General Assembly of the Center, 915 10th• Street, First State of Colorado, entitled "An Act tunerspeeciifiiieedd. All Colorado, in any manner interested ui the Site to regulate the printing of legal Specific Development Plan and notices and advertisements, " and equested Review atttend and mayabe heard: amendments thereto; that the notice Should the applicant or any of which the annexed is a printed n t e d interested party desire •' the p presence of a taut reporter to copy taken from said newspaper, was inaaddition to tth of eetapederreecogrd which will be kept during the published in said newspaper , and in hearing, the Clerk la the Board's Office shall be advised in writing the regular and entire issue of of.such action at least five days prior to the hearing. The cost of every number thereof , engaging tacourt r rrter shall be BE ni v Ah�orieeAL that the text and maps so certified by the once a week for Weld County' Planning Commission may be examined in the office of successive weeks; that said notice the Clerk to the Board of County Commissioners located in the was so published in said newspaper Weld Counts Centennial Center, 915 10th Street, Thfrd Floor, proper and not in any supplement eleytlOorado thereof , and that the first APPLICANT James Janice Schmidtbauer publication of said notice as s000adaDrive Ft.Collins,Colorado 80525 aforesaid ,, was was on the DATE: October 10, 1990 TIME: 10:00 A.M. REQUEST: Site Specific C Development flan anal Special ecial r� day of %R.tom} , 19 �� , Review Permit - Agricuiturai } service establishment LEGAL DESCRIPTION: Part of the NW1/4 of Section 17, Township a d the last on the a7' 7 day of 7 North Range 67 West of the 6th P.M. Weld County,Colorado I.OCATION: Approximately two miles north of the Town of U Windsor at the southeast corner of the intersection of State Highway / 14 and W�C iunh Road 15 BOARD OF COUNTY Y COMMISSIONERS COLORADO vE O ` WEL,D COUNTY,COIARADO WELD CCIUNTIC CLERWARDEN TO THE ROARD BY: Carol p Deputy Subscribed and sworn to before RtBEL 1ter 1990 in The env News. me this ,3-71 day of 19 ��. //,�� / AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss. COON II O�GIo� / or WELD 1' e WIM Okra � n " Ir s NOTICF DAr@wwprmtber 10,1990 of said County of Pumraotb the xmiag laws of the State a< Publleied In the WindsorReason on Weide being duly sworn, say that I alit (Alice manager of Colorado.and the Weld County Zoning: ' Saplember17,1990. Ordinance,s public hearing will be held in the. , _ T'1IE WINDSOR BEACON, INC. Chambers of the Board of County Commissionen of Weld County,Colorado, a weckl newspaper Navin a general circulation in said Weld County Centennial Center,915 loth Y g Street,Fin Floratin ,Colorsdo,n thy, Cnuuly and Stale, published in the hnrn of WINI).SOIt. in time specified.AD penal.in any manner said County and Slate; and that the notice, of which the invested in the3aeSpeeifie.Development Plan Bnllexe[I {s a True copy, has been and Special Review Permit are requested to 'ttmd and may behead' published in said week) for Shadd the applicant s any intmesmd party Y successive desire the predates atemus reporter m make a weeks, that the notice was published in the regular and moms of the pmaedinp;lnaddition to tlte- entire issue of every number of the paper during the period need record welch will be kept during the and lime of publication, and in the newspaper proper and heating,the Oak to the Board's Office shahs not In a supplement, and that the first publication of said advised in wA'°g Of tech action at least five notice was in said paper bearing the dale of the days pies°thshearing.The.cat of mining* �J�.r. C ,�J L cant reporter shall be bomc by the nquerdrtg •�/ M day of fTe?2Li �} �� P > Y c A.U., 19 1[1_ BE IT KNOWN that the wt and and the last pttblicationibearing the dale of the map so ossified ley the Weld County Planning Oemmiseim may be examined in the office re clay of__ , A.D., 19 the Clerk to the Board of County I and that the said WINDSOR BEACON has been published Cammiadonue,located in the Weld County - e.r_ ialCeetv,91510thStmer,ThirdPieer. conllnunusly and uninlcnuplcdly for the period of 52 r1t..lycaondo.. consecutive weeks, in said County and Slate, prior to the - dale of lirsl publication of said notice, and the same Is a Docket No.9od0 Applicant newspaper within the meaning of an Act to regulate printing lopes and laoiceSahmidtbaues of legal notices and advertisements, improved May 18, 5000 AdobeDrive Redline,Colorado 11052S 1931, and all prior acts so far etildias in force. DATE:October 10,1990 !///K/1121 - TUNE:IR00 a.m. ✓ '� REQU@S'h Site specific Development Plan O � 'I�NA TES and Special Review Permit-Agricultural service establishment LEGAL DESCRIPTION:Pan of the NW 1/4 efs.maen 17•T^ ldP 7 North."lieSubset-R ud sworn to before m this s /fa West at the 6th P.M.,Weld County,Colondo / � day LOCATIONS Approximately two miles north - of u,n Towv of WiMsgr#the southeast comer of �✓ ne✓'�'� --`v 19 ` Cr of the intersection of state highway 14 and "G/ BOAWeld RD OF CO IS.UNTYCOMMISSIONER$ l i/:,L z-L(`�. \ O WEISCOUNTY,COLORADO /J NUT RTIMCiC 61'.DONALD D.WARD@N /�_/� / WELD COUNTY CLERK TO THE BOARD My commission expires BY:Cam1N*ding,Deputy. . S(Oro 7-' NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET N0. 90-40 James and Janice Schmidtbauer 3000 Adobe Drive Ft. Collins, Colorado 80525 DATE: October 10, 1990 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - Agricultural service establishment LEGAL DESCRIPTION: Part of the NW* of Section 17, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately two miles north of the Town of Windsor at the southeast corner of the intersection of State Highway 14 and Weld County Road 15 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Carol Harding, Deputy DATED: September 10, 1990 PUBLISHED: September 27, 1990, in The New News net x4li iT �= { \ DEPARTMENT OF PLANNING SERVICES ( r _ PHONE(303)356d000,EXT.4400 i TO 1; 91510th STREET GREELEY,COLORADO 80631 11 Ci CASE NUMBER USR-920 • COLORADO July 19, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from James and Janice Schmidtbauer for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment in the A (Agricultural) zone district. The parcel of land is described as part of the NWlx of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of the Town of Windsor, the southeast corner of the intersection of State Highway 14 and Weld County Road 15. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 2, 1990. so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. o eck the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it cm I does/does not) comply with our Comprehensive Plan for the following reasons. Za c zl E Ji 2. X We do not have a Comprehensive Plan, but we feel this request ma Aldo" az_ (ia/la awl.) compatible with the interests of our l!town for the following reasons: l tl 2 t 4 e 5 f.aH ' f T ✓Xa, de ziorand girt ,.S COMca7`*.b/2 W,,.oO�'� Au_rrnana6471-',nd i6,i s a /dketA4rQ1.7" we bid al be 12,W, - Su ;fa/.( re comm ere;a1 lO 4-,r;b/a. ilk Prep a_f.2S .w ?ra .'C� Pu.nOFF ift Peau..fr OL. C+wlei Oda' 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. " �y/J /J Signed:/�%/C f�'�71/C6i Agency:r�tera Date: 7-4,7e2 P IT s—r— DATE: September 10, 1990 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 10th day of October, 1990, at 10:00 A.M. Docket No. 90-40 Site Specific Development Plan and Special Review Permit for an agricultural service establishment - James & Janice Schmidtbauer Docket No. 90-42 Site Specific Development Plan and Special Review Permit for expansion of an existing church in the R-2 (Duplex Residential) Zone District - Mount Calvary Lutheran Church OFFICE OF THE CLERK TO THE BOARD BY: , ,,L4/4,11,,,74 Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD F COUNTY COMMISSIONERS WELD TY, COLO O a � r i c � C-X17A- & D Summary of the Weld County Planning Commission Meeting August 21 , 1990 Page 3 The Chairman called for discussion from the members of the Planning Commission. There was no further discussion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Richard Kimmel - yes; Judy Yamaguchi - yes; LeAnn Reid - yes; Rick. Iverson - yes; Jean Hoffman - yes; Bud Clemons - yes; Jerry Kiefer - yes. Motion carried unanimously. CASE NUMBER: DSR-920 APPLICANT: James and Janice Schmidtbauer REQUEST: A Site Specific Development Plan and Special Review permit for an agricultural service establishment. LEGAL DESCRIPTION: Part of the NW} of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately two miles north of the Town of Windsor, at the southeast corner o£ the intersection of State Highway 14 and Weld County Road 15. APPEARANCE: Jan and Jim Schmidtbauer, applicants, stated they are asking for a use by special review to build a shop and home on this property. They want to live, and raise their children, in the country. Any shop work done at this site will all be done indoors. He works on agricultural equipment and most of his mechanical work is field calls. He does not anticipate using the shop for business purposes on a regular basis. He has no employees. He does all the work himself. They have taken an option on this property, and will buy it upon approval of this request by the Board of County Commissioners. Brian Grubb stated the staff's recommendation has taken the recommendation of the Poudre Valley Fire Protection District into account, but the Weld County Building Code Ordinance does not require this type of fire protection except in buildings larger than 3,000 square feet. The Chairman called for discussion from the audience. Bruce Davis, adjacent property owner, expressed concern about this type of business eventually becoming an eyesore to the neighborhood and decreasing the property values. The Chairman asked Brian Grubb to read the request of the Department of Planning Services into the record. _ � xif\ I -73I I C- Summary of the Weld County Planning Commission Meeting August 21, 1990 Page 4 MOTION: Ann Garrison moved Case Number USR-920 for James and Janice Schmidtbauer for a Site Specific Development Plan and Special Review permit for an agricultural service establishment be forwarded tc the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, development standards, and additional comments presented by the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by LeAnn Reid. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Richard Kimmel - yes; Judy Yamaguchi - yes; LeAnn Reid - yes; Rick Iverson - yes; Jean Hoffman - yes; Bud Clemons - yes; Jerry Kiefer - yes. Motion carried unanimously. CASE NUMBER: Z-456 APPLICANT: Greeley/Weld County Airport (continued from August 7, 1990) REQUEST: A Change of Zone from A (Agricultural) and I-3 (Industrial) to PUD (Planned Unit Development) for C-3 (Commercial) and I-3 (Industrial) uses. LEGAL DESCRIPTION: Part of Sections 1, 2, and 3, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately two miles east of Highway 85, adjacent to State Highway 263. Keith Schuett announced the applicant was not present. Therefore the Chairman moved this request further down the agenda. CASE NUMBER: Amended USR-842 APPLICANT: Tire Mountain, Incorporated REQUEST: An Amended Site Specific Development Plan, Special Review permit, and Certificate of Designation for a tire landfill and storage area. LEGAL DESCRIPTION: Part of the SE} of Section 32, T3N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: South of Weld County Road 28 and west of and adjacent to Weld County Road 41. APPEARANCE: Ken Lind, Attorney, represented the applicants. He asked that both cases be heard simultaneously and acted on by the Planning Commission separately. 4 Piy ';:,0 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-920 NAME: James and Janice Schmidtbauer ADDRESS: 3000 Adobe Drive, Fort Collins, CO 80525 REQUEST: A Site Specific Development Plan and Use by Special Review permit for an agricultural service establishment. LEGAL DESCRIPTION: Part of the NA of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately two miles north of the Town of Windsor at the southeast corner of the intersection of State Highway 14 and Weld County Road 15. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposed Special Review permit area is located within the urban growth boundary area of the Town of Windsor. The Windsor Planning Commission has reviewed the request and has no objections to this proposal. The location of the Special Review permit area and attached conditions and development standards make the proposed use consistent with the urban growth boundary area goals of the Weld County Comprehensive Plan. - The proposed use is consistent with the intent of the A (Agricultural) Zone district and is provided for as a Use by Special Review. - The uses permitted will be compatible with the existing surrounding land-uses and with the future development of the surrounding area as permitted by the A (Agricultural) Zone district. - No overlay districts affect the site. rC ' t; James and Janice Schmidtbauer USR-920 Page 2 Special review development standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, responses from referral entities, and performance standards prepared by the Department of Planning Services. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached development standards for the special review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. No building or electrical permits shall be issued on the property until the special review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the special review permit plat map, a screening plan for the equipment storage area shall be submitted to Department of Planning Services for review and approval. The approved screening plan shall be incorporated into the application materials and shown on the special review plat map. VOTE: For Passage Against Passage Ann Garrison Richard Kimmel Judy Yamaguchi LeAnn Reid Rick Iverson Jean Hoffman Bud Clemons Jerry Kiefer 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. rAr re I:«' James and Janice Schmidtbauer USR-920 Page 3 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on August 21, 1990, and recorded in Book No. XIII of the proceedings of the Planning Commission. Dated the 22nd day of August, 1990. 3 01, 1aa� Bobbie Good Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JAMES AND JANICE SCHMIDTBAUER USR-920 1. The site specific development plan and special review permit is for an agricultural service establishment as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. Waste oil, waste paints, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. An Air Emissions Permit shall be obtained from the Colorado Department of Health, Air Pollution Control Division, for control of fugitive dust and odors, if required. 5. No permanent disposal of wastes shall be permitted at this site. 6. Fugitive dust must be confined to this site. 7. The maximum permissible noise level shall not exceed the industrial limit of 80dB(A) , as measured according to 25-12-102, Colorado Revised Statues. 8. The septic system for the proposed facility is required to be designed by a Colorado Registered Professional Engiueer according to the Weld County Individual Sewage Disposal Regulations. 9. Outdoor storage of noncommercial junkyard material, waste oil, and all other materials associated with the business will be limited to the 10' x 10' storage area shown on the Use by Special Review plan map. 10. All outside storage of equipment waiting to be serviced and equipment waiting to be picked up shall be screened from all adjacent properties and public rights-of-way. 11. The approved screening plan shall be maintained at all times. 12. No automobiles shall be repaired on the property except those owned by the applicant. 13. Signage must be in compliance with Section 42.2. of the Weld County Zoning Ordinance. OTh,r lir 5", n • James and Janice Schmidtbauer USR-920 Page 2 14. The operation of equipment being serviced shall be limited to the time period between 8:00 a.m. to 6:00 p.m. , Monday through Friday, and 9:00 a.m. to 12:00 p.m. on Saturdays. 15. Access shall be from Weld County Road 15 as shown hereon. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 19. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 20. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 21. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. ADDITIONAL COMMENTS JAMES AND JANICE SCHMIDTBAUER USR-920 In its letter of July 25, 1990, the Poudre Valley Fire Protection District recommended three alternatives for fire protection. One of the least expensive alternatives would be to install a sprinkler system in the building, at a cost of more than three-thousand dollars. The installation of a fire hydrant would cost approximately eight-thousand dollars because of the type of water line available in the area. It is the opinion of the Department of Planning Services' staff that these recommendations are not economically viable for the type and size of use proposed by the applicant. • ctrAr'y yt !,. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-92u Submitted or Prepared Prior to Hearing At Hearing 1. Application 22 Pages X 2. Application plat(s) 1 page(s) 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. DPS Field Check X 11. Letter; 1 page; August 17, 1990; Chacon X 12. Memo; Oil & Gas Commission, August 16, 1990; X one page 1s. Field check; 1 page; July 30, 1990, Bud Clemons X 14. Memo; Environmental Protection Services; August X 3, 1990; one page 15. Letter; Poudre Fire Authority; July 25, 1990; X one page 16. Memo; Town of Windsor; August 6, 1990; one page X 17. Memo; Weld County Engineering Department; July X 24, 1990; one page 18. Memo; Panhandle Easter Pipeline Company; July X 24, 1990; one page 19. Letter; State of Colorado Department of Highways: X July 25, 1990; one page 20. Memo; Larimer County Planning; July 25, 1990; X one page 21. Memo; Bud Clemons; July 30, 1990; one page X I hereby certify that the 21 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 August _, 1990. caC,Gg ° Current P annex STATE OF COLORADO ) COUNTY OF WELD• ) i . 61. 0 O!�.' aole ;SUBacp;BED...4aD. SWORN TO BEFORE ME THIS 2:3 --day of Qyy� , 19'zkp . . tv r Ry, 'tIJJ �j fl 51 S ALL LIC us. t�0 Q'Ct)t-Q \\ems V..�k.TO. �Ooa, � ` NOTAR PUBLIC My Commission Expires My Commission Expires Fib. 13. 1993 ,xA 1 8 IT !� EXHIBIT INVENTORY CONTROL SHEET Case z. -7? — iz—r cea �l Sires c� �C �i,� taz� �co .✓ Exhibit Submitted By Exhibit Description B�_3A. CX 03B• F. 9 c P-.Q.1j, -v-de.-�iLx-ryt, ,�1�. 1/071: /LQ.. G. / d H. I. J. R. L. M. N. O. reClq P SCREENING Screening would be provided by a fenced in area to the east side of the shop site. Area would be approximately 30' x 30' to 40' x 40' and would provide screened storage for any equipment stored outdoors. Area would also be used to store waste oil drums, scrap steel , and trash dumpster. Fence would be 10' high and constructed of wood or steel siding the same as shop building . i( Ocr 9 1990 t hid at oiawibr aantn mpki ,�- 6 • '1J? TJ STOKA GE AREA �x 3of +0 Jo •X 4O 44n' \ ,'" $NoP S'"c C+y � :5 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number USK 9 z c) Date Received -7/( 7/49,42 Application Checked by ',p6 N.ylar plat submittdd Application Fee -6,5,(y) Receipt Number /7(0,02t/ Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NW Qtr. Section 17 T 7 N, R 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) No address available yet. (Corner of Hwy. 14 $ PRESENT ZONE Agricultural OVERLAY ZONES Weld County Road 15) TOTAL ACREAGE 5. 74 acres gross PROPOSED LAND USE small business and home EXISTING LAND USE pasture land 2_ —LED ISLaj SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW = PERMIT: Name: Ernesto $ Betty Chacone Address: 604 Boulder Avenue City Fort Collins, CO Zip;: SOS2t Home Telephone # 484=8403 Business Telephone # 2—:=) v I)I)Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: James and Janice Schmidtbauer Address: 3000 Adobe Drive City Fort Collins, CO Zip 80525 Home Telephone # 229-0142 Business Telephone it 482-4753 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Ernesto and Betty L. Chacone Address: 604 Boulder Avenue City Fort Collins, CO Zip 80524 Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) • i . ature: Owner or Authorized Agent Subscribed and sworn to before me this /p'n day of icisti 19 0 . � A\J-116b) �lati NOTPUBLIC My commission expires 167'27 y� �i•afs*�.�*' PROPOSED OPERATION AND USE The proposed use of the property would be a home and shop site for Jim and Jan Schmidtbauer to operate a small business. This business is Independent Field Services. Independent Field Services is owned and operated by Jim Schmidtbauer as a sole proprietor. The business is engaged in the repair and service of farm and construction equipment for area farms, ranches, feedlots and construction companies. Independent Field Services doesn' t sell parts or a product; it' s only business is service. Most of the service work done is done on farm and job sites with a completely equipped field service truck. The shop would be used for storage of tools, parts, special equipment, and parking of the service truck. It would also be used to do repair work that is not feasible to be done in the field and to rebuild components removed in the field such as engines and transmissions. Independent Field Services was started in 1984 with a small service truck and the rental of a 1000 square foot shop. Presently, I am working out of a rented 1500 square foot shop located at 1943 E. Lincoln in Fort Collins and a newly assembled service truck. This proposed property would enable us to own rather than rent a shop site with a home close by. We have been looking for a rural setting to raise our family and still be close to work. This site would enable us to do that. (1) ' 1 Presently Independent Field Services has no employees other than myself. Future plans are for no employees other than maybe a part time person to do oil changes and equipment service. Part of the reason for our success has been the personal service customers receive when they call for repair work. They know I will be the one doing the work and it is done as soon as possible to get the equipment working again . This is also why no major additions in employees are planned. Hours of operation are 8:00 a.m. to 5:30 p.m. Monday through Fridays; Saturdays 8:00 a.m. to 12:00 Noon. Because of the type of repair work that I do, 75% of the time I am out in the truck doing repairs at customers sites. Service truck typically leaves in the morning going from job to job and returns at the end of the day. Also because of this there is little customer traffic. My customers know I am at the shop very little. The only other traffic created would be customers picking up or dropping off equipment for major repairs in the shop. The traffic would be truck and trailers capable of hauling equipment and would be minimal . The only equipment to be stored outdoors would be customer equipment waiting to be worked on or to be picked up and would be there for only a short time. Therefore, no visual screening would be needed. Most customer work is received by phone calls going through an answering service to the service truck. Access to the property would be a driveway coming off of Weld County Road 15 approximately 300 feet south of Highway 14. Waste produced on the site would be solid waste such as trash, shipping containers, and normal household waste. This would be disposed of by commercial trash haulers weekly. Waste oil would be collected in 55 gallon drums and recycled by an area waste oil hauler as needed. Scrap parts would be collected in a 55 gallon barrel and recycled to an area scrap metal dealer as needed. Dumpster and 55 gallon drums for oil and scrap steel would be stored at screened in area on southeast corner of the shop. Our water source would be North Weld Water ; a letter confirming this is enclosed with this application . The sewage facilities would be a septic tank and leach field system engineered to be adequate for our use. Fire protection would be provided by Windsor Fire Department. Shop would be equipped with adequate fire extinguishers for building size. There would be no need for a storm water retention facility. The site has a gentle slope to the south and will drain into the current road ditch sytem. (3) Of V'', ; Based on the enclosed information from the U.S. Soil Conservation Service, there are no soil limitations. Also located on the site is a small drainage pond in a natural low lying area. Pond is located at the corner of three properties: 1) the five acres this application is being made for; 2) property owned by Bruce and Anne Marie Davis; and 3) property owned by Franklin and Christine Kinney. The pond is filled by excess irigation water. It is used for livestock and wildlife. The pond would cause no foreseen problems for this proposal . The maximum number of livestock to be concentrated on the site would be six. The existing use of surrounding properties are farm land to the north, pasture land to the west, single family residence and mobile home park to the east, and small acreage with home to the south. The proposed building site would be approximately 250 feet from the residence to the east and approximately 750 feet from the residence to the south. The proposed shop and home site would be landscaped with tree lines on the east and south sides. Because this will also be our home, it is our intention to plant flowers, a garden, fruit tress etc, to make this a very attractive site. (4) ` t`s:% It is our intention to begin building the shop and needed services shortly after approval of this Special Use Permit. Construction of the house would take place within two years. We are currently considering a ranch style home with 3-4 bedrooms and an attached garage. This home would be located within the area noted on the plot map. Shop would be of steel construction at least 50 feet x 60 feet but not to exceed 50 feet x 75 feet. Shop doors would be 14 feet high; total height would be approximately 20 feet at Peak. Shop would also have large concrete apron across the front. THE FOLLOWING INFORMATION IS PROVIDED TO SHOW CONSISTENCY WITH THE WELD COUNTY COMPREHENSIVE PLAN The business to be located on the site provides a valuable service to area farms, feedlots, and dairies as well as local construction companies. The land has already been subdivided and is in an excellent location for this type of business. It is located right off of Highway 14 and is central to Fort Collins, Greeley, and Loveland areas. The site has all needed services readily available. The site also falls within the Weld County urban growth boundary. There will be no county taxpayer expense to provide any additional services or roads. The site is also in an excellent area for our family to live and raise our children. Living and working in a quiet rural setting is one of our lifetime goals. Being able to raise a family in the country, where children can learn to be responsible for taking care of livestock and being able to work closely with their parents. These are some of the reasons for locating on this site. The existing land use in the area is farmland, pastures, and home sites with outbuildings. The proposed use would basically be the same--a home site with shop building to operate a small business. Appearance of this property would be similar to a home with a storage building. This land is not located in a flood plain, geologic hazard, or Weld County Airport overlay district area per the Planning and Zoning Department. Also, this land is basically non-productive land, since it has been subdivided already for a home site. Land is presently being used as pasture land and the proposed use would leave most of the land in this same state. Every action needed will be taken to provide that this proposal will address concerns of the neighborhood. These same concerns, such as noise, safety, and site appearance are also our concerns. We will be living and working in this neighborhood and the very same things that they are looking for in a neighborhood are the things that we are looking for. in r The following pages were taken from the Weld County Comprehensive Plan. We have highlighted sections that directly apply to this application. UNDERSTANDING THE AGRICULTURAL INDUSTRY AND ITS BENEFITS The agricultural industry in Weld County is a complete farm and food system. This system begins with growing and raising farm produce and ends as a product ready for purchase by consumers after it has been processed and transported to the market place. The following areas have a role in the county's farm and food system: 1. Farms. There are approximately 3,000 operators of livestock, poultry, vegetable, fruit, nursery, and grain farms located in the County. 2. Businesses and individuals who offer products and services for farms. Examples of these local industries are fertilizer and chemical product companies, suppliers of feed, grain, livestock, and poultry, implement dealers, energy and petroleum product companies, well, pump, and irrigation companies, veterinarians, aerial crop sprayers, farm laborers, commercial lending institutions, and transportation industries. 3. Industries that purchase products grown and raised on farms for manufacturing, processing, and distribution. Examples of these local industries are meat, egg, dairy and vegetable processing and distributing facilities, and bakeries. 4. Grocery stores and other food retailers. 5. Restaurant and other food catering businesses. Farming is an important element in the Weld County economy. The market value of agricultural products and the chain of purchases related to agricultural production contributes significantly to the County's economy. Every dollar that the farmer spends to increase agricultural production creates additional dollars spent on activities related to production. For example, activities such as livestock processing will require purchases of feeder cattle, breeding stock, feed, water, machinery, fuel, labor, transportation, government services, and capital (banks and savings and loans) . '!( ciq '3 t 20 _ ADDITIONAL BENEFITS One of the principal benefits of agriculture is that it capitalizes on the quality of natural resources. Unlike other industries that are free to relocate, agriculture is rooted to the soil in a specific time and specific place. By supporting the agricultural industry and economy, many towns and communities in Weld County seek to maintain a rural lifestyle. Mr. Justice Douglas may have been speaking about these towns and communities when he wrote in the majority Supreme Court opinion in Boraas V. Village of Belle Terre: A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in a land-use project addressed to family needs . .. The police power is not confined to the elimination of filth, stench, and unhealthy places. It is ample to lay out zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary of people. In Weld County, the agricultural industry is also a way of life that promotes the cultural and human values associated with farming such as a strong work ethic and families. In addition to farm families benefiting 1 from rural vocational activities associated with the agricultural environment, the Weld citizens living in town, have an opportunity to observe food production and understand the necessary interdependent relationship between urban and rural areas. As a secondary benefit, farmland preservation helps to maintain natural systems and natural processes. These include the preservation of wetlands, small watersheds, acquifer recharge areas, flood plains, and special wildlife habitats. While farming can damage sensitive natural areas and processes, farming can also be a completely compatible use. Most farming operations are sensitive to these natural systems and processes. Croplands in agricultural districts also provide natural open-space areas. A principal benefit derived from open space is relief from more intense urban uses conducted in a municipality. Open-space buffers help maintain a sense of rural identity and diversity. These buffers also allow communities to maintain separate identities. a 22 • AGRICULTURAL GOALS I . Institute policies that will encourage the preservation of the agricultural uses in Weld County. 2. Promote the agricultural use of prime agricultural land. 3. Promote the development of commercial and industrial uses directly dependent upon the agricultural industry (e.g. commercial feed lots, farm implement dealerships, irrigation equipment companies) . 4. Encourage residential, commercial, and industrial development to locate adjacent to existing incorporated municipalities and in accordance with the municipalities' adopted comprehensive plan goals and policies. 5. Develop policies and regulations to permit commercial and industrial use of agricultural land at appropriate locations along highways with adequately designed frontage roads and interchanges. Industrial and commercial development shall be designed so that it does not disrupt highway travel. 6. Develop policies and regulations to permit low density residential development on non-prime agricultural land as recognized by the Soil Conservation Service. 7. Develop policies and regulations to permit development of oil, gas, sand, gravel, and other mineral resources on agricultural land. S. Develop policies and regulations to permit the conversion of geologically suitable non-prime agricultural land to solid, liquid, and waste water disposal sites. 25 AGRICULTURAL POLICIES 1. Agricultural zone districts shall be established and maintained to protect and promote the County's agricultural industry. The agricultural zone district is intended to preserve prime agricultural land and to provide areas for agricultural activities and uses dependent upon agriculture without the interference of incompatible residential, commercial, and industrial land uses. 2. Agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of prime agricultural land from production. 3. Conversion of agricultural land to residential, commercial, and industrial development shall be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban j I growth boundary area, or I-25 mixed-use development area and activity centers. This policy is intended to promote conversion of agricultural land in an orderly manner that is in harmony with the phased growth plans of a municipality and the County. It is intended to minimize the incompatibilities that occur between uses in the agricultural district and districts that allow urban-type uses. In addition, this policy is intended to minimize the costs to Weld County taxpayers of providing additional public services in rural areas for uses that require services on an urban level. 4. In the event that residential, commercial, or industrial development desires to locate on non-prime agricultural land outside of an urban growth boundary area or I-25 mixed-use development corridor, the application for such development shall be carefully evaluated to determine if an equally suitable location is available in areas established for such development. The application materials must demonstrate that the proposed use cannot reasonably be located in a municipality, urban growth boundary area, or the I-25 mixed-use development corridor. In addition, the application materials must demonstrate how the adjoining agricultural uses will not be adversely impacted. The land use application materials shall also demonstrate, to the satisfaction of the Board of Commissioners, that maximum efficiency and economy has occurred in providing the needed public services to the proposed development or district. Such application for urban-type development in the unincorporated county must include data and anakylely9,1 , , 26 WELD COUNTY � a URBAN GROWTH BOUNDARY MAP wNI nMIs wch\lii NUNN r .6e M ms..ncn p NAN...K ftN.tp ISIS • OQTW�IANM Y•Y USN mon WKINAIO ril. 65 "p f fERCE AULT IX 14 (k? I . O f , ta= iMIMI Da !IIFSEVERANCE EA cc—WINDSOR ' X - Site Location Iiiiii J i —aa - GREECE �. KERSEY I r ANs • i 1 MILS KEN kv LA SALL � JOHNSTOWN— • 1-25 GILCREST MEAD Il)ili I PLATTEV LLf es r F- z —119 ' c gfI SI�EI II KIE- 14 ideESEIURG I La EDERICK . LUPTON 76INIr —52 PASO LILF-InE tilli LOCHBUIE - BRIGHTON I I i ". . • 'C• V r 4e>mna NDEPENDENT-� 'a YIELD EPVICIB I tear .- .. - a T` it - , A Fully equipped service truck used for on site repairs & Joey. INDEPENDENT r s y FIELD y 1' r SERVICES •224.9442• 1943 E LINCOLN•482.4753' • 3 `* o ,_g :. E. Front of Independent Field Services present location at 1943 E. Lincoln in Fort Collins. -QQ -.i _.. S q set t>:red at /65 L n2loek 4PR81919 i": f __r,6M,on A __:_Page_a „�, . N Reception No . —1' 86t3v ts� e Gwx/a •— Recorder R .r::"; { al ' �a N r THIS DEED ,s a conveyance of the real t !• appurtenances (the ^ ) Property described n nn ds). patersng p(s)or other and offset � c O. named below as GRAN from the individual(s). egrF txatiorr(s), partnership(s) a other eMityliesl t to the individual(s)or entity(tes)named below as GRANTEE. 6 s• The GRANTOR hereby se and conveys the m operty to the GRI.NTEE and the GRANTOR warrants the title to F+. the property.except for(1)the lien of the general property taxes for the year of this deed,which the GRAN FE.E •IQ� will Pal'(2)awry easements and rights-of way esideneed by recorded instrur•en<s 3 m r' and exceptions(4)any outstanding mineral interests shown of record 5 an ( ) V patent rand restons (-) V protective covenants and restdr•CO lions shown of record,and(61 any additional matters shown below under"Additional Warranty Exceptions- The specific terms of this deed a : • swl are: GRANTOR.Ir.,vr namnH an:placgq of rtsidmae,if the spouse of the owner grantor is wining in dns Deed to mlra.•home°end,that. • ',lentos •granionlas husband and wile 1 • as acareGE w. SIDS SI and CHEWER C. 3ER1H, as tenants in comma to vs GRANTEE: iose nam,•rl and addresslesi.statement of address including available sad or street number. ~ r c - ,a,mu:�,d 1 0 o• EIl�IO CRA0CII and EE14Y I.. OfACCP7 0 , 4808 E. County Road 40, Fbrt Collins, Colorado 80525 p� ��'" • • +Ftat FORM OF CO-0WNERSHN: ill there arc two w,nose gramen mmM.they will b<c�ns derM ro take n imams m wmmon unless ' thry word'm w n!enen<v r wad of the same mean,ng are addM'n the apace below) in ,joint tenancy ; 5 s,{., PROPERTY DESCRIPTION: und mde county and State r A5 , , TRACT "A" of Recorded Estemptien No. 0705-.17-2-RE 308 %' ,`y recorded March 23, 1978 in Book 826 as Reception No. 1748215, • Weld County Records, being a part of the IVW3 of Section 17, Township 7 North, Range 87 West of the 8th P.N., . OCINTY CF REID, `�u STATE 0lF OOILRApO. rtQ} ti at t Together with all mineral. rights presently aa'neryl by Grantors, and, to- , s� , gether' with 1/4 share of capitol stock in Water Supply and Storage Carperyy and all water delivery rights appurtenant .:hereto. 1h , CONSIDERATION: m n tim . .ta.emr ant a collar amount v opal. adequate consideration tar m,s devil willth pre .d tint,.. t, • '� ' PIPIT-FIVE• ` nent.fted as 1I10I SAND a AND n any c or NO/100 this sane s ah- t_f oat and _,.,nil I Data'I___-- 'a�r PESEkvA l kian5-FaESTRiCTiON5:(II the r„tANi(M minds w reserve m�i n�tnen in Ow prbsertv or to C01,ev Ieas than he owns u it the(RA sing i restricting the GRAN RI'V rights on Mg reopens make appropriate indication • L i . es ADDITIONAL WARRANTY EXCEPTIONS- mdnfe mnrte,R,..,Iag assumed am'•,ther matters not ca v,rid above 1 i er State Co mmentaty Fee I Ilk,Ilk,I Data_�_ 9 1979 , y`�' Apr'_1 8 Signed on 1 _, 19 79 i Attest -- - GYy �W. Grantor loan - - _-- titt--;‘,..er_Lae er _ .Grantor STATE OF COLORADO 1 ___ _ _ __ COUNTY OF Weld ) ss. - ---_-_._-- A` Cra ntor • The foregoing instrument was acknowledged before me this th di;of Ape)il /' , 19 79 by�. Sr•Sg'e h Sloan and Z�Q greater C. SlfaltYl. .�� a WI N SSmy ha o rna sea � My commission expires' O�yc,t�o,,bg,e_ asa !. 1982 STATE OF r �, 4 otary Public I COUNTY OF +'+J�')a �G _1 The foregoing tmGumel!{a�'aa:��pgy� ,61Ee(nre me this day of p1 ! l' u a - WI)NESS my hand&net egiiiial�al .J '" ' r My commission expires;W O i r.,. 6 . QY Z `� --�— Notary Public ---_ - I ,[.1977 UPDATE IEOAL POIIMg °4•.,, K , __.__ �I • • PO goX leis.GREELEY. COLORADO eAN Syr"' �� `.Qa,,raw l 3trilj 7,! i BOARDOFDIRECT0RS -•,-; eQ�=/( ERNEST TIGGES s' ^7-f NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE /isr,�� lid GARY SIMPSON If y�_ HIGHWAY 85 LUCERNE,COLORADO 80848 W.M.MCKAv • 11e� LYLE NELSON, MGR. _eiT, .• , P.O. BOX 56 - PHONE 356.3020 June 25 , 1990 RE: Water Service- James & Jan Schmidbauer Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property : Corner of Hwy 14 and WCR 15 1 . Water service is presently being provided to the above described property. 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 WEL COUNTY WATER DISTRICT 4 Ly D. Nelson , Manager LDN/wb • (WC-n-1 l.. a7 { a7 +, i ._ 1 .. - . , 43 • , c .� • ni . 47 47 1 ' 7 r. 4 r .4 ' 53 32 - ,a. i Alm .. ae 4 " 57 C a 13 x 'h' ^Y^:. �, . 0. ,� , 47 43 w . \� e 'x I ii wa dist'. al". 2i,W' - '4' 41 •' ,. ' i ,a V, vi ILA �M ' . , . `, r 1� < t C o ._ „J.*. ..,....„ ., , .. r..., .__1/4 „ ,t.,, ... �� . W_ `' i ' ,�. K' 32' t s. tti 4 A 34 } < /■' s'! is 14 ,,`b,f0La._ _ . _ 1s ' 9i Site -) 1 'a 7 ,`R F 06 W t i a '.�9 3 I` .., w *` a \: l? ( x. 42 iip 1 **, ' .�' . µ` c\*44.„ a":tc `re . 1' �� colon • 64.- ��7vi tee. •. 'Ir sr s 041* 9 e 3181. "r. 93 i y� i''' s ., .♦ tt..... 1 i . _ .: It' l ',, .�- 32 yt YM 7 , , s r . J 47 di . t K- 34 V$$Jp�� 32,144w+ � ` : .55 ' � ' yY ' :,r.�..r" it aw; :, �Wafal-t , , 4 , � . / a“, 2 3z �t .a �' is 33gir a •K4:. ` Y 64* 112 e 33 ° i 32 SOIL SURVEY are Rocky Mountain juniper, eastern redcedar, ponderosa ble years to 1,800 pounds in unfavorable years. As range pine, Siberian elm, Russian-olive, and hackberry. The condition deteriorates, the sand bluestem, sand reed ' shrubs best suited are skunkbush sumac, lilac, and Siberi- and switch grass' an peashrub. grass decrease and blue grams, sand dropseed, and sand sage increase. Annual weeds and grasses invade Wildlife is an important secondary use of this soil. The the site as range condition becomes poorer. cropland areas provide favorable habitat for ring-necked Management of vegetation on this soil should be based pheasant and mourning dove. Many nongame species can on taking half and leaving half of the total annual produc- be attracted by establishing areas for nesting and escape tion. Seeding is desirable if the range is in poor condition. cover. For pheasants, undisturbed nesting cover is essen- Sand bluestem, sand reedgrass, switchgrass, sideoats tial and should be included in plans for habitat develop- grama, blue grama, and pubescent wheatgrass are suits- ment, especially in areas of intensive agriculture. ble for seeding. The grass selected should meet the Rapid expansion of Greeley and the surrounding area seasonal requirements of livestock. It can be seeded into has resulted in urbanization of much of this Olney soil. a clean, firm sorghum stubble, or it can be drilled into a This soil has good potential for urban and recreational firm prepared seedbed. Seeding early in spring has development. The only limiting feature is the moderately proven most successful rapid permeability in the substratum, which causes a Windbreaks and environmental plantings are generally hazard of ground water contamination from sewage suited to this soil Soil blowing, the principal hazard in Lagoons. Lawns, shrubs, and trees grow welt Capability establishing trees and shrubs, can be controlled by cul- class I irrigated. tivating only in the tree row and by leaving a strip of 47—Olney fine sandy loam, 1 to 3 percent slopes. vegetation between the rows. Supplemental irrigation This is a deep, well drained soil on plains at elevations of may be needed at the time of planting and during dry 4,600 to 5,200 feet. It formed in mixed outwash deposits. periods. Trees that are best suited and have good survival Included in mapping are small areas of soils that have a are Rocky Mountain juniper, eastern redcedar, ponderosa dark surface layer. Some small leveled areas are also in- pine, Siberian elm, Russian-olive, and hackberry. The eluded. shrubs best suited are skunkbush sumac, lilac, Typically the surface layer of this Olney soil is grayish an ac and Siberi- brown fine sandy loam about 10 inches thick. The subsoil Wildlife is an important s yellowish brown and ve secondary use of this soil. The ry pale brown sandy clay loam cropland areas provide favorable habitat for ring-necked about 14 inches thick. The substratum to a depth of 60 pheasant and mourning dove. Many nongame species can inches is very pale brown, calcareous fuze sandy loam. be attracted by establishing areas for nesting and escape Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop- more. Surface runoff is medium, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low' land wildlife, for example, the pronghorn antelope, can be In irrigated areas this soil is suited to all crops com- attracted by developing livestock watering facilities,monly grown in the area, including corn, sugar beets, managing livestock grazing, and reseeding where needed. beans, alfalfa, small grain, potatoes, and onions. An exam- Rapid expansion of Greeley and the surrounding area ple of a suitable cropping system is 3 to 4 years of alfalfa has resulted in urbanization of much of the Olney soil followed by corn, corn for silage, sugar beets, small grain, This soil has good potential for urban and recreational or beans. Land leveling, ditch lining, and installing development. The only limiting feature is the moderately pipelines may be needed for proper water application. All rapid permeability in the substratum, which causes a methods of irrigation are suitable, but furrow irrigation is hazard of ground water contamination from sewage the most common. Barnyard manure and commercial fer- lagoons. Lawns, shrubs, and trees grow welL Capability tilizer are needed for top yields. subclass IIe irrigated, IVe nonirrigated; Sandy Plains In nonirrigated areas this soil is suited to winter wheat, range site. barley, and sorghum. Most of the acreage is planted to 48—Olney fine sandy loam, 3 to 5 percent slopes. winter wheat. The predicted average yield is 28 bushels This is a deep, well drained soil on plains at elevations of per acre. The soil is summer followed in alternate years 4,600 to 5,200 feet. It formed in mixed outwash deposits. to allow moisture accumulation. Generally precipitation is Included in mapping are small areas of soils that have a too low for beneficial use of fertilizer. dark surface layer and small areas of soils that have Stubble mulch farming, striperopping, and minimum til- sandstone and shale within a depth of 60 inches. lage are needed to control soil blowing and water erosion. Typically the surface layer of this Olney soil is grayish Terracing also may be needed to control water erosion. brown fine sandy clay loam about 8 inches thick. The sub- The potential native vegetation on this range site is soil is yellowish brown and very pale brown fine sandy dominated by sand bluestem, sand reedgrass, and blue loam about 12 inches thick. The substratum to a depth of grams. Needleandthread, switchgrass, sideoats grams, 60 inches is very pale brown, calcareous fine sandy loam. and western wheatgrass are also prominent. Potential Permeability and available water capacity are production ranges from 2,200 pounds per acre in favors- moderate. The effective rooting depth is 60 inches or a.✓ � tip The printed portions of this form approved by the Colorado Real Estate Commission(CBS5C-5.89) THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE Seller's remedy Liquidated Damages or Specific Performance(Section 16) (FINANCING SECTIONS OMITTED) June 11 , ,19 90 L PARTIES AND PROPERTY. James J. and Janice M. Schmidtbauer ,purchaser(s)(Purchaser],(as joint tenants/tlQ7(t1C91 apth ogix` - agrees to buy,and the undersigned sel ler(s)]Seller],agrees to sell,on the terms and conditions set forth in this contract,the following described real estate in the County of Weld ,Cdorado,towit: Located in the Northwest Quarter of Section 17, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Recorded Exemption No. 0705-17-2-RElal . known as No. I nt A (Street Address,City,State.Zip) together with all interest of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances thereto,all improvements thereon and all attached fixtures thereon,except as herein excluded,and called the Property. 2. INCLUSIONS. The purchase price includes the following items(a)if attached to the Property on the date of this contract:lighting,heating, plumbing,ventilating,and air conditioning fixtures,TV antennas,water softeners,smoke/fire/burglar alarms,security devices,inside telephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,built-in kitchen appliances,and sprinkler systems and controls;(b)if on the Property whether attached or not on the date of this contract:built-in vacuum systems(including accessories),storm windows,storm doors,window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds,all keys and garage door openers including remote controls;and(c) a. All mineral rights to the property b. All existing fences now on the property. (d)Water Rights.Purchase price to include the following water rights: NA (e)Growing Crops.With respect to the growing crops Seller and Purchaser agree as follows: NA general The above-described included items(Inclusions)are to be conveyed to Purchaser by Seiler by bill of sale, warranty - deed or other applicable legal instrument(s)at the closing,free and clear of all taxes,liens and encumbrances,except as provided in section 10. The following attached fixtures are excluded from this sale: 3. PURCHASE PRICE AND TERMS. The purchase price shall be$ 14.000.00 ,payable in U.S.dollars by Purchaser as follows(complete the applicable terms below): (a)Earnest Money. NA S in the form of ,as earnest money deposit and part payment of the purchase price,payable to and held by ,broker,in broker's trust account on behalf of both Seller and Purchaser.Broker is authorized to deliver the earnest money deposit to the closing agent,if any,at or before closing. (b)Cash at Closing. a 34,000.00 to be paid by Purchaser at closing in cash,electronic transfer funds,certified check,savings and loan teller's check,or cashier's check.Subject to the provisions of section 4,if the existing loan balance at the time of closing shall be different from the loan balance in section 3, the adjustment shall be made in cash at closing or paid as follows: NA 4. FINANCING CONDITIONS AND OBLIGATIONS. I FINANCING TERMS,CONDITIONS AND OBLIGATIONS,PERTAINING TO SECTIONS 3 AND 4, ARE ATTACHED BY REAL ESTATE COMMISSION APPROVED ADDENDUM AS FOLLOWS:(check as applicable) ❑New Loan ❑Assumption ❑Seller or Private Third-Party Financing 5. GOOD FUNDS. All payments required at closing shall be made in funds which comply with all applicable Colorado laws. 6. NOT ASSIGNABLE. This contract shall not be assignable by Purchaser without Sellers prior written consent.Except as so restricted,this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. No.CBS 5C-3.89. VACANT LAND/FIRM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE(FINANCING SECTIONS OMITTED) 4 �f'L a'4 a .. � Bradford Publishing.1743 Wazee Sr,Denver.CO R0202—(303)292-2500-2-90 c*�'e V;' • 7. EVIDENCE OF'IITLE. Seller shall furnish to Purchaser,at Sellers expense,either a current commitment for owner's title insurance policy in 111 an amount equi_to popurdch sg prlpeegret Sep[ers c[}.orytce,an bbslnfct of LW:rattled toEa�current ldate,o pr before ��i lgiKX14 OCYObyr1 IO 19_90 + . If a title inssurancE commitment is furniished Pi rches�2r may require d Selle�rhatecopies of instruments(or abstracts of instruments) I' listed in the schedule of exceptions(Exceptions)in the title insurance commitment also be furnished to Purchaser at Seller's expense.This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment,together with any copies or abstracts of instruments furnished pursuant to this section 7,constitute the title documents(Title Documents). Purchaser must request Seller to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than_ten_Calendar days �- afler Purchasers receipt of the title insurance commitment. If Seller furnishes a title insurance commitment,Seller will have the title insurance policy delivered to Purchaser as soon as practicable after closing and pay the premium at closing. S. TITLE. (a)Title Review. Purchaser shall have the right to inspect the Title Documents or abstract. Written notice by Purchaser of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of Purchaser and given to Seller or Listing Company on or before 1 O calendar days after Purchasers receipt of Title Documents or abstract,or I! within five(5)calendar days after receipt by Purchaser of any Title Document(s)or endorsement(s)adding new Exception(s)to the title commitment ltogether with a copy of the Title Document adding new Exception(s)to title.If Seller or Listing Company dues not receive Purchaser's notice by the date(s) specified above,Purchaser shall be deemed to have accepted the condition of title as disclosed by the Title Documents as satisfactory. (b)Matters Not Shown by the Public Records. Seller shall deliver to Purchaser,on or before the date set forth in section 7,true copies of all lease(s)and survey(s)in Seller's possession pertaining to the Property and shall disclose to Purchaser all easements,liens or other title matters not shown by the public records of which Seller has actual knowledge.Purchaser shall have the right to inspect the Properly to determine if any third party(s)has any III right in the Property not shown by the public records(such as an unrecorded easement,unrecorded lease,or boundary line discrepancy).Written notice of I any unsatisfactory condition(s)disclosed by Seller orrevealed by such inspection shall be signed by or on behalf of Purchaser and given to Seller or Listing I! Company on or before September 30 ,19 90 .If Seller r Listing Company does not receive Purchasers notice by said date,Purchaser shall be deemed to have accepted title subject to such rights,if any,of third parties of which Purchaser has actual knowledge. (c)Right to Cure. I f Selleror Listing Company receives notice of unmerchantability of itle or any other unsatisfactory title condition(s)as provided in subsection(a)or(b)above,Seller shall use reasonable effort to correct said unsatisfactory title condition(s)prior to the date of closing.If Seller fails to correct said unsatisfactory title condition(s)on or before the date of closing,this contract shall then terminate,subject to section 17;provided,however, Purchaser may,by written notice received by Seller or Listing Company on or before closing,waive objection to said unsatisfactory title condition(s). 9. DATE OF CLOSING. The date of closing shall be OC t Ober XE 30,19 90 ,or by mutual agreement at an earlier date. A The hour and place of closing shall be as designated by ,lames 6 Janice Schmidtha ur?r and Frnr=c t0 £ RPity Cha on. 10.TRANSFER OF TITLE. Subject to tender or payment on closing as required herein and compliance by Purchaser with the other terms and provisions hereof,Seller shall execute and deliver a good and sufficient genera J.Wa r ran ty deed to Purchaser, ' on closing,conveying the Property free and clear of all lazes except the general taxes for the year of closing,and except noth i ng j ;free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether assessed or not;except distribution utility easements,including cable TV;except those matters reflected by the Title Documents accepted by Purchaser in accordance with subsection 8(a);except those rights,if any,of third parties in the Property not shown by the I' public records in accordance with subsection B(b);and subject to building and zoning regulations. , 11. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before the time of settlement from the proceeds of this transaction or from any other source. 12. CLOSING COSTS,DOCUMENTS AND SERVICES. Purchaser and Seller shall pay their respective closing costs at closing,except as otherwise provided herein.Purchaser and Seller shall sign and complete all customary or required documents at or before closing.Fees for real estate closing and settlement services shall not exceed$ 300.00 and shall be paid at closing by cc.] 1 e rs and the '' Purchasers fifty/fifty. II I I 13. PRORATIONS. General taxes for the year of closing,based on the most recent levy and the most recent assessment,rents,water and sewer charges,owner's association dues,and interest on continuing loan(s),if any,and shall be prorated to date of closing. Any sales,use and transfer lax that may accrue because of this transaction shall be paid by NA 14. POSSESSION. Possession of the Property shall be delivered to Purchaser as follows: on the date of closing. subject to the following lease(s)or tenancy(s): None If Seller, after closing; fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable to Purchaser for payment of$ 25.00 per day from the date of agreed possession until possession is delivered. I5.CONDITION OF AND DAMAGE TO PROPERTY. The Properly and Inclusions shall be conveyed in their present condition,ordinary I wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase.price,Seller shall be obligated to repair the same before the date of closing.In the event such damage is not repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Purchaser.Should Purchaser elect to carry out this I contract despite such damage, purchaser shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions,not exceeding,however,the total purchase price.Should any Inclusion(s)or servicels)fail or be damaged between the dale of this contract anti the date of closing or the date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s) I or servicels) with a unit of similar size, age and quality,or an equivalent credit, less any insurance proceeds received by Purchaser covering such repair or replacement.The risk of loss for any damage to growing crops,by fire or other casualty,shall be borne by the party entitled to the growing crops, if any,as provided in section 2 and such party shall be entitled to such insurance proceeds or benefits for the growing crops,if any. 16.TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a) IF THE PURCHASER IS IN DEFAULT: IF THE BOX IN SUBSECTION(D IS CHECKED,SELLER'S REMEDIES SNAIL.BE AS SET FORTH IN SUBSECTION(1)[SPECIFIC PERFORMANCE].IF SAID BOX IS NOT CHECKED,SELLER'S REMEDIES SHALL BE AS SET FORTH IN SUBSECHON(2)[LIQUIDATED DAMAGES]. (1)Specific Performance. Seller may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages,or both. • (2)Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder.It is agreed that such payments and things of value are LIQUIDATED DAMAGES and(except as provided in subsection(c))are SELLER'S SOLE AND ONLY REMEDY for Purchaser's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT: Purchaser may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be returned and Purchaser may recover such damages as may be proper,or Purchaser may elect to treat this contract as being in ' full force and effect and Purchaser shall have the right to specific performance or damages,or both. (c)COSTS AND EXPENSES. Anything to the contrary herein notwithstanding,in the event of any litigation or arbitration arising out of this contract,the court shall award to the prevailing patty all reasonable costs and expense,including attorney fees. I '. 17. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Purchaser and Seller agree that, in the event of any contrmersy reganling the earnest money and things of value held by broker or closing agent,unless mutual written instructions are received by the holder of the earnest money and things of value,broker or closing agent shall not be required to take any action but may await any proceeding,or at brokers or closing agent's option and sole discretion,may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. IS. INSPECTION. Purchaser or any designee,shall have the right to have inspection(s)of the physical condition of the Property and Inclusions, at Purchaser's expense. If written notice of any unsatisfactory condition, signed by Purchaser, is not received by Seller or Listing Company on or Mitre closing ,19 ,the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Purchaser.If written notice of any unsatisfactory condition,signed by Purchaser,is given to Seller or Listing Company i as set lorth above in this section, and if Purchaser and Seller have not reached a written agreement in settlement thereof on or before closing 19 ,this contract shall then terminate,subject to.section 17.Purchaser is responsible and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection. !, 19. AGENCY DISCLOSURE. The listing broker, NA ' and its sales agents(Listing Company)represent Seller. The Listing Company owes duties of trust,loyalty and confidence to Seller only. While the Listing Company has a duty to treat Purchaser honestly,the Listing Company is Seller's agent and is acting on behalf of Seller and not Purchaser. j BY SIGNING BELOW, PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY LISTING OR SELLING COMPANY THAT LISTING COMPANY IS SELLER'S AGENT. The selling broker, NA i and its sales agents(Selling Company)represent: [IF THE BOX IN SUBSECTION(b)IS CHECKED,SELLING COMPANY REPRESENTS PURCHASER ONLY, AS SET FORTH IN SUBSECTION (b). IF THE BOX IN SUBSECTION (b) IS NOT CI IECK ED.SELLING COMPANY REPRESENTS SELLER ONLY,AS SET FORTH IN SUBSECTION(a).] � la)Seller. The Selling Company owes duties of trust,loyally and confidence to Seller only. While the Selling Company has a duly to treat Purchaser honestly,the Selling Company is Seller's agent and is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW,PURCHASER ACK NOW LEDGES PRIOR TIMELY NOTICE BY SELLING COMPANY THAT SELLING.COMPANY IS SELLER'S AGENT. ❑ (b)Purchaser. If the box is checked:The Selling Company owes duties of trust,loyalty and confidence to Purchaser only.While the Selling Company has a duty to treat Seller honestly,the Selling Company is acting on behalf of Purchaser and not Seller.SELLER AND LISTING COMPANY ACKNOWLEDGE PRIOR TIMELY NOTICE BY SELLING COMPANY THAT IT IS PURCHASER'S AGENT. 20. ADDITIONAL PROVISIONS: The above sale and conditions are contingent upon Purchasers receiving from Weld County Planning Commission, A Special Use Permit for an in-home business on the property. All fees for such permit to be paid in full by the Purchasers. i 21. RECOMMENDATION OF LEGAL COUNSEL. By signing this document,Purchaser and Seller acknowledge that the Selling Company or the Listing Company has recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding examination of title and this contract. 22. TERMINATION. In the event this contract is terminated,all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to section 17. 23. NOTICE OF ACCEPTANCE/COUNTERPARTS. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before June 16 ,19 90 ,this document shall become a contract between Seller and Purchaser. A copy of this document may be executed by each party,separately,and when each party has executed a copy thereof,such copies taken together shall be deemed to be a full and complete contract between the parties. Purch.,, Dace Purahawr Date Purchaser's Address ITO BE COMPLETED BY SELLER AND LISTING COMPANY] 24. ACCEPTANCE/COMMISSION. Seller accepts the above proposal this day of ,19 Seller shall pay to the Listing Company a commission of NA %of the gross purchase price or �p as agreed upon between Seller and Listing Company for services in this transaction.In the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be divided between Listing Company and Seller,one-half thereof to Listing Company,but not to exceed the commission,and the balance to Seller. Seller Data Seller Date Seller's Address 604 Boulder Avenue, Fort Collins, Colorado 80524 The undersigned Selling Company acknowledges receipt of the earnest money deposit specified in section 3 and both Selling Company and Listing Company confirm the respective agency disclosure set forth in section 19. Selling Company By: (signature) Address Dme Listing Company By: (Signature) 'i Address Rae 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 ll . THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN < SIGNATU 'E OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 044‘DAY OF Azty 19 c . SEAL NOTARY PUBLIC MY COMMISSION EXPIRES IC-21-4 3 LAST DAY TO POST SIGN IS: AD/P AO 19 !DI 0r i LAND-USE APPLICATION SUMMARY SHEET Date: August 14, 1990 CASE NUMBER: USR-920 NAME: James and Janet Schmidtbauer ADDRESS: 3000 Adobe Drive, Fort Collins, CO 80525 REQUEST: A Site Specific Development Plan and Use by Special Review permit for an agricultural service establishment. LEGAL DESCRIPTION: Part of the NW3y of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles north of the Town of Windsor at the southeast corner of the intersection of State Highway 14 and Weld County Road 15. SIZE OF PARCEL: 5.74 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 specific recommendations from the Weld County Health Department, Colorado Division of Highways, and the Poudre Valley Fire Protection District. No inquires or objections have been received from surrounding property owners. I UO... 1 � . �� A v i v.I ;q weatafrarceC7_, ern--11 .3 at., Ill \ is \ I lil ll II 104... T9N. -a-_. ri u \ 1\'''V A.. \thti 102... 7 • \ \• 1 • _ 100... r • 4 1l\\\ >.� ,. a u .. 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I . _� _., a - ,«, it m¢i ..r.i -r.. -. �....�r(1 .-- ce�s A # :`f iF �� t'3t � jl I; X.4, x+�- � .es'i 2 ILA. r y L t3 4 ₹ ' } _ , r ., x ;\ „tom^ -I � �� ell = z^ O '. ':.kit'/ 3 �t I ...‘ a -444 AAA t h t � V T � t.j(p�t1 k S It, I 14'4:4 S Y , (., t L i y F T T 5 I YY .J` 4 i Kti , » { f +�"r" I 51 __,,,,,-.06-z----7- __ ,, .. • ii,• -, i t . ,i „! ; . .. 9 ` , i ,.... .. . .; L t e2. i{ ,K.,}_ » -°" '....rte. y.. yty. • # `�#: 51 �, 141 eg • DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C. CASE NUMBER USR-920 COLORADO July 19, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from James and Janice Schmidtbauer for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment in the A (Agricultural) zone district. The parcel of land is described as part of the NW'a of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of the Town of Windsor; the southeast corner of the intersection of State Highway 14 and Weld County Road 15. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 2, 1990. so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons._ 2. We do not have a Comprehensive Plan, but we feel this request _(is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. -- 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed:_ _Agency: T Date: FIELD CHECK FILING NUMBER: USR-920 DATE OF INSPECTION: July 18, 1990 NAME: James and Janice Schmidtbauer REQUEST: Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment LEGAL DESCRIPTION: Part of the NW1/4 of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles north of the Town of Windsor; at the southeast corner of the intersection of State Highway 14, and Weld County Road 15 LAND USE: N Dryland horse pasture E One single family dwelling and a small mobile home park (Pine Lake Village) with approximately 18 mobile home units currently S Horse pasture and one residence W Horse pasture ZONING: N A (Agricultural) E R-5 (Mobile Home Residential) S A (Agricultural) W A (Agricultural) COMMENTS: The current use of the subject property is dryland horse pasture. There is no existing access. The proposed access is from Weld County Road 15. The property slopes gently to the south. Weld County Road 15 is a gravel road which borders the property on the west. State Highway 14 is paved and borders the property to the north. By: / "Brian A. Gru Current Planner REFERRAL LIST NAME: James and Janice Schmidtbauer CASE NUMBER: USR-920 REFERRALS SENT: July 19, 1990 REFERRALS TO BE RECEIVED BY: August 2, 1990 COUNTY TOWNS and CITIES attorney _Ault Health Department __Brighton Extension Service Dacono Emergency Management Office _ Eaton Sheriff's Office Erie Engineering Evans Housing Authority -_Firestone Airport Authority _Fort Lupton _ Building Inspection _Frederick _Garden City STATE _Gilcrest Division of Water Resources `_Greeley Geological Survey _Grover Department of Health Hudson X Highway Department Johnstown ____ - `Historical Society Keenesburg _Water Conservation Board Kersey T X-Oil and Gas Conservation Commission La Salle en 4- -zioa Lochk2uie FIRE DISTRICTS _- Longmont Ault F-1 _Mead Berthoud F-2 Milliken _ _ _Brighton F-3 New Raymer _ Dacono F-19 Nunn _ __ Eaton F-4 _Platteville Fort Lupton F-5 Severance _ - Galeton F-6 X Windsor - Hudson F-7 \ - _ � Johnstown F-8 COUNTIES La Salle F-9 Adams Longmont F-10 . Boulder _ Milliken F-11 \X)Larimer Nunn F-12 Pawnee _ Platteville F-13 FEDERAL GOVERNMENT AGENCIES _ tt \Platte Valley F-14 _US Army Corps of Engineers IX /Poudre Valley F-15 _USDA-APHIS Veterinary Service l-YRaymer _Federal Aviation Administration _Southeast Weld F-16 Federal Communication Commission _ Windsor/Severance F-17 _ _Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER X Fort Collins z „=r6 c: Central Colo. Water Conservancy Dist. _Greeley )C, Panhandle Eastern Pipe Line Co. _Longmont \\ Tri-Area Planning Commission _ West Adams COMMISSION/BOARD MEMBER X'Bud Clemons GY a. DEPARTMENT OF PLANNING SERVICES � PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C. CASE NUMBER USR-92O COLORADO July 19, 199O TO WHOM IT MAY CONCERN: Enclosed is an application from James and Janice Schmidtbauer for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment in the A (Agricultural) zone district. The parcel of land is described as part of the NWts of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of the Town of Windsor; the southeast corner of the intersection of State Highway 14 and Weld County Road 15. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 2, 199O. so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. I S r 2a ISITI � 2. We do not have a Comprehensive Plan, but we feel this requdgt ,Szi (is/is not) compatible with the interestff of oer ,, tow for the following reasons: QS a �l o F 3. We have reviewed the request and find no conflicts li.t+ interests. —:J 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Pleas to the enclosed letter. ¢ g F`�rH ie Signed: x d�f/l Agency: (ate-V # �- dpi Date: (/ f.Gal,3 � �yy� COLO.oiL a luo,V colvc.COMM Z 'p _ �� a.) - �- . 3 _ EAS_ . �y o I , rn cg0 • j LL c' rk: i v * a V U I I I I Ina a e :____) vim1 Nn c.0 U N p , � QT' I D g m z 'ci, c - — —---�- `' o G a_ +: _c to 8 I +- o� I COIvi—C9 < IMO 1 3 I i I I --- --_ - --- ---- - II _�__...__._..._ 1.--- { 113 o 'Ii +� i 01 o I k a4 i et; _I i-.3y I N} , .,,, /�/� 0 z •-7 O -I W O in I W 7i Y to i oz co ra •,, - J i r x I ; C Y 0 I:51J Z l'ol I _J O O O I Z � � g ` Fe O u fL ar Q 12 � a g 413-4> 01 I ie O" W z.0 F. x i- S ,n z o J _h . _J/� t w v Q Z V I- li a a = x r j -- > H I O U 4 t Q / 6.{ 2 1 I 0. z- # I Gii ,� �� 1 coic kI 8 .S ill CO IN I i z� 0 1 c CO rci ; ! s r".4 8= g I. I ' m 1 .,.. 1 g II .. .2 c :....5.37 r- I I .nt • _.r_i_i i � n _a2.1 b T v ' � co i �� G, � Z rim I e I �l y o 2 �. -rte.) " SZ u O �j o 3 I 3, i 1S3M FIELD CHECK Filing Number: USR-920 Date of Inspection: — 3C) —Id Current Planner: Brian A. Grubb Applicant's Name: James and Janice Schmidtbauer Request: A Site Specific Development Plan and a Special Review permit for an agricultural service establishment in the A (Agricultural) zone district. Legal Description: Part of the NWk of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado Location: Approximately 2 miles north of the Town of Windsor; the southeast corner of intersection of State Highway 14 and Weld County Road 15. Land Use: N aA-SiC-atieltett--cG'.-C `F CJt— ,,W,G0-1 LG0-1 /f . k E S ,\ _ W I\ ZONING: N A (Agricultural) E R-5 (Mobile Home Residential) S A (Agricultural) W A (Agricultural) COMMENTS: n ik L Wck I ,JUL 3 1 1990 Signor ure f Board Member Yield Co. Rama Iss/a 41O41.;:s MEMORAnDum WilkBrian Grubb To Weld County Planning Date August 3, 1990 COLORADO From Wes Potter, Director, Environmental Protection ServicesltifiT Case Number: USR-920 Name: Schmidtbauer, James & Janice Subject. Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health. 3. No permanent disposal of wastes shall be permitted at this site. 4. The septic system for the proposed facility is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust must be controlled on this site. 7. Maximum permissible noise level shall not exceed the industrial limit of 80 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. WP554/dgc D �irri-* \C07 AUG 6 1990 i6 Weif+�,lr,c 11` 1 ' f� r, � udre 1._ Fire Prevention Bureau • 102 REMINGTON -i Authority lty FORT COLLINS, COLO. 80524 s" 303-221-6570 II July 25, 1990 I Mr. Brian A. Grubb ' Current Planner Weld County y. Department of Planning Services 915 10th Street Greeley, CO 80631 N� Re: Independent Field Services Special Review USR - 920 Dear Mr. Grubb: Our maps show this property within the Poudre Valley Fire Protection District . The PVFPD had adopted the 1988 edition of the Uniform Fire Code. This Code requires that water supply be provided for fire protection. Based on the I information provided, the minimum fire flow needed for the commercial building would be approximately 1000 GPM. We have no information on water lines in this area. The best method of satisfying this requirement would be to have access to a fire !� hydrant on a water line capable of supplying the 1000 GPM. Other alternatives would be to provide an on-site water storage system or a fire sprinkler system. Ij Both the new buildings must have access to adequate fire protection water supplies , although the commercial building has the highest GPM flow needs. Since it has been our experience that the on-site water supply may be the most R practical alternative, 1 have included the design standard for such a system. In addition to the water storage itself the applicant would have to provide a l dry hydrant at a point accessible to our fire apparatus and a 10' section of 6" k hard suction hose with proper couplings. If a water line exists in Highway 14 or Weld County Road 15 capable of providing the 1000 GPM fire flow, placing a fire hydrant on that line may be the best alternative. If you need further information, please contact me at any time. Sincerely, Sier /� V aVt---9` Warren D. Jones Fire Marshal WDJ:dede PROTECTING LIVES & PROPERTY �• '3 `s fiell' DEPARTMENT OF PLANNING SERVICES \ ilill, PHONE(303)356-0000,EXT.4400 lD 915 10th STREET GREELEY,COLORADO 80631 Wie CASE NUMBER USR 920 COLORADO July 19, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from James and Janice Schmidtbauer for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment in the A (Agricultural) zone district. The parcel of land is described as part of the NW1 of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of the Town of Windsor; the southeast corner of the intersection of State Highway 14 and Weld County Road 15. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 2, 1990. so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. o 7 a r: 0 -1371. c. 2. We do not have a Comprehensive Plan, but we feel this requ4St (is/is not) compatible with the interests of cir ap town for the following reasons: .o o � 8 ;_ 3. L.,7-4 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 refe to the enclosed letter. . /, Signed: / /t�. Agency: >/ . Date: �(O/7D ��',,1( e;q t:I.'.,3 15;tz) N. . WI.fli.. , - .'.I.. .. \ PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C. 0 COLORADO CASE NUMBER USR-92-^ ` o�� 1ir ] � , July 19, 1990 MI \\I' JUL 2 .5 1990 1 `7 �'�� S� 1 TO WHOM IT MAY CONCERN: w.6:,5 - ...,� �iT Yield Cu. Plaauany ,etfUnuca6t: Enclosed is an application from James and Janice Schmidtbauer for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment in the A (Agricultural) zone district. The parcel of land is described as part of the NW1/4 of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of the Town of Windsor; the southeast corner of the intersection of State Highway 14 and Weld County Road 15. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 2, 1990. so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. _ We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. d 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: � Al Tj/ Agency: aduiii Date: 01110 6"/ 1 ff la' DEPARTMENT OF PLANNING SERVICES `� I PHONE(303)356-0000,EXT.4400 fig - 91510th STREET GREELEY,COLORADO 80631 C. CASE NUMBER USR-920 COLORADO July 19, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from James and Janice Schmidtbauer for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment in the A (Agricultural) zone district. The parcel of land is described as part of the NW4 of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of the Town of Windsor; the southeast corner of the intersection of State Highway 14 and Weld County Road 15. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 2, 1990. so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it C 01 does/does not) comply with our Comprehensive Plait f r ;C following reasons. -51-'2-1 r I �- O.2 e � t I s 1 N I J) -i I 2. We do not have a Comprehensive Plan, but we feel th regttat G I (is/is not) compatible with the interest town for the following reasons: = s �l 3. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed:y �'j"/: ,u„ Agency: Panhandle Eastern Pipe Line Co. Date: July 24 , 1990 STATE OF COLORADO DIVISION OF HIGHWAYS ;R vr* °r H°b+, P.O. Box 850 $ Greeley, Colorado 80632-0850 a.. @ (303) 353-1232 �°s�;r8₹ b. OF GOV July 25, 1990 Weld Co. , S.H. 14 Schmidtbauer Site Specific Development Plan SH 14 @ WCR 15 Mr. Brian A. Grubb, Planner Department of Planning Services Weld County Greeley, Colorado 80631 Dear Mr. Grubb: We have reviewed the Schmidtbauer proposal, and we have the following comments. Access to the site must be from County Road 15 with no direct access to State Highway 14. The impact to State Highway 14 at the intersec- tion with County Road 15 should be minimal to the overall operation of the intersection. Thank you for the opportunity to review this proposal. Please contact me at 350-2163 if you have any questions. Very truly yours, Evan A. oo e , Jr. Development/Access Coordinator EAH:smw cc: L D. Yost R.G. Sherriff File: Hooper via Crier 7)CO , ,Jl11 2 7 1990 Weld Co Ohio k miirandssmi ie C(F1:-...... DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET d '��"-t`', > >,� GREELEY,COLORADO 80631 C. , <� --- --� UMBER US a! COLORADO a Y01_23 i �u a �1D7�7c��r)� - pg, .i MIL 2 61990 July 19, 1990 'E O Weld ca. Plume wueswsxloe TO WHOM IT MAY CONCERN: Enclosed is an application from James and Janice Schmidtbauer for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment in the A (Agricultural) zone district. The parcel of land is described as part of the NW4 of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of the Town of Windsor; the southeast corner of the intersection of State Highway 14 and Weld County Road 15. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 2, 1990. so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. J\ 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 ee e to the enclosed letter. r,,., Signed: Gf� 1( J Agency:laylM?f ` ,• Rl.Q )1hIalt9 �� i . � , Date: 7-2 S- 70 s DEPARTMENT OF PLANNING SERVICES \ PHONE(303)3563000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C. CASE NUMBER USR-920 COLORADO July 19, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from James and Janice Schmidtbauer for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment in the A (Agricultural) zone district. The parcel of land is described as part of the NW1/4 of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of the Town of Windsor; the southeast corner of the intersection of State Highway 14 and Weld County Road 15. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 2, 1990. so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan Itr YthE—z-, �i following reasons. p r ��J r .s2.1 2. We do not have a Comprehensive Plan, but we feel thiserequeat (is/is not) compatible with the interest& of / CD town for the following reasons: ! �j 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. /X Please refer to�the � enclosed letter. (Aft� (A ft�;it / Signed: Ws v� 0 - / / — — Agency: //✓2E.4/7/ogi j Date: -7-z.7- To C/ Meit \\, DEPARTMENT OF PLANNING SERVICES PHONE(303)356.4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C. CASE NUMBER USR-920 COLORADO July 19, 1990 TO WHOM IT MAY CONCERN: Enclosed is an application from James and Janice Schmidtbauer for a Site Specific Development Plan and a Special Review permit for an agricultural service establishment in the A (Agricultural) zone district. The parcel of land is described as part of the NW1/4 of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles north of the Town of Windsor; the southeast corner of the intersection of State Highway 14 and Weld County Road 15. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 2, 1990. so that we may give full consideration to your recommendation. Please call Brian A. Grubb, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 91011 5. Please refer Ato''the enclosed letter. ` q Signed:, 1 (r �, V��Y ""I Agency: O,�Q P� �Y1,-,( zt L Date: 1.111_ 30 - �� STAlE OF COLORADO COUNTY OF WELD % David 0, Reynolds, being duly sworn , may_. that he is ≥r'1=blisher.. 4.f 9 tr;? New: {'`•�C:'W�•ti at weekly newspaper published in 1C.k?e;" e sbur g in said County and State; that said newspaper has a Caen_'rai {. circulation in sa.. 1 County P �APRING CE OP' 1313ISC at• i 1-:ct=: bAte'"'.E:�:r'1 f::.r:iri ir"sraLIS1.y and � ill hod a public A 21, :.t;:4t.terr;_tk�t_.adl .� c,}. bl.iK�hed therein, on Tu y. ugh 9O ai 1:30 p.m. Bite me c C:1 i. '1 C:; r: 4.7-:•i:'r-.1 C.a i t of. at ea 5 t. of considerin8 a Development Plan for and r fifty—two consecutive weeks prior to Heview�erm'tep descn below. eAr a vested i..' r-s,tpublication t_t'f t.h a annexed request routpyrsmit to n'':::tiC:es that said newspaper is r_l Fl oLas'•nil ice ftebys{.ia::lpt'Y- within t'.11t:? rrtE=s::it"t=l.rlC1 of hE': PTION: Part of act of the [general Assembly of the the NW1/4 of SectionPIC,117, Weld R66W of the 6th State of Colorado, entitled "A n Act County Colorado OF TYPE AND INTENSITY An to regulate t l a e printing of legal PROPOSED USE: agricultural service establishment noticenotice and advertisements, " and in the A (Agricultural) cdCitet'Zg:1ments thereto; that the notice �TI�� A � TOwn of .f: which} s annexed printed the southeast COrne Way ca =v:1i.c::.z the «,nnt:��:ec.: i=: +� j:ir":l.nt,._ts ��tei'sect[� of state lush t. 4�.t=n from entire newspaper,,; 4'•:_;5 14 and Weld CountmoRoaodi less copy r s• ' � SIZE: 5.74 acres, �be held In published in said newspaper, and i;i he ppuub11C hearirlB pner's the' the Wg R� eor, Weld t_1;c regular and f?ri t i''F.•' ;. •' LtP i? Hearing Centennial Center, 915 • County Greeley. Colorado. every y Cit.trrii}er t.i"e;-G:o f , _'Cain ttremments et.�'�ana related to th e �teltt tsthe Weld f li t: Wf: i ::. forL. submittedlanning S Tenth Street, 0 log :i,:r c:.. weeks;k „ that r. :i notice Se w?'reel Colors o _}t:4..�.•... ..: A.'s t::� 'vet�.. i'•. ,t t 1 t::t t_ .:C.,.a.ti � the public o'veheaari�n6 on August Int_i s f:=f_i r�l.tb '.,�1'"tt'd in said ne?L�?.:1:7�iper at the 21'IWO of the application are t..i F�t=:; _::R..t�� a 1 ::n'E-r l t Eapke available for public inspection, t i."t r-f�n f and that t.h e first t the Department of Klantung Coun p Weld Tenth Room Wei a'...t/..1, t C..:..,'k :t,:. t t` said r. notice ct isi' CentennStreet, Greel�eyy,�Coiora o 80031 a :'o f-; ._1.i.d , was sEi• on the 356 4�Chairman ion 4400. Weld CAwY P Commission { To be published one (New_ �! I:t y r...�... r...A,„1.4r . 1 T11...._.__.+ To be 3�1 IDY Arishaa in The New News July 36,1900. and ''.he lest on the c�.lo clay of _........ -....M 1911_ - r+4 \ 1 r and CsLtiQr 1 tot'i::�F_'7C?rE.' Subscribed 1 1 42441. of 1.9le . r 1p r.60,),,,..--6-mr za,..., , „a...Ad_ I. AUG 1 0 1990 ...y Commission expires►Vlarcil 15,1992 r,S•_ .. _4...=. 'MLl6 Ch. allniorh a.lnn;y gio.: P.At* 444\IIICS DEPARTMENT OF PLANNING SERVICES \ PHONE(303)358-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, August 21, 1990, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: James and Janice Schmidtbauer LEGAL DESCRIPTION: Part of the NW1/4 of Section 17, T7N, R65W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: An agricultural service establishment in the A (Agricultural) zone district LOCATION: Approximately 2 miles north of the Town of Windsor; the southeast corner of the intersection of State Highway 14 and Weld County Road 15 SIZE: 5.74 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, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 21, 1990. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Ernie Ross, Chairman Weld County Planning Commission To be published in the New News To be published one (1) time by August 3, 1990 Received by: Pa* l,�Qj44.4. J� / Date: fiat e2 y, /fya 77 -1 )) SURROUNDING PROPERTY OWNERS JAMES AND JANICE SCHMIDTBAUER USR-920 Arthur M. and Evelyn M. Cook 1401 Lindenwood Drive Fort Collins, CO 80524 K & M COMPANY 3201 Shore Road Fort Collins, CO 80524 Franklin W. and Christine M. Kinney 7078 East Highway 14 Fort Collins, CO 80524 Anne Marie S. and Bruce J. Davis 39750 Weld County Road 15 Fort Collins, CO 80524 Gibralter Money Center, Inc. P.O. Box 10106 VanNuys, CA 91410-0106 Howard Timothy Gordon c/o Haler, Fonfara, & Maxwell P.O. Box 2267 Fort Collins, CO 80522 Julius A. & Annabelle Lindquist 1271 Cornell Road Bridgewater, NJ 08807 Union Pacific Land Resources Corporation P.O. Box 2500 Broomfield, CO 80020 f {.. '7 -.14,� CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-920 for James and Janice Schmidtbauer in the United States Mail, postage prepaid First Class Mail by postal card as addressed on the attached list. This 20th day of July, 1990. TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, August 21, 1990, 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: CASE NUMBER: USR-920 APPLICANT: James and Janice Schmidtbauer REQUEST: A Site Specific Development Plan and Special Review permit for an agricultural service establishment. LEGAL: Part of the NWk of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles north of the Town of Windsor, at the southeast corner of the intersection of State Highway 14 and Weld County Road 15. For more information call Brian A. Grubb, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 Pro94; ��09 - AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property h e hi0P.TNi;,r'S c+rDN 1�7P{ Y C�I��; a�-P(1' i U f�1r (Plot �- �o-p -p (��p, �� g TGwNship 1 ViokTF4 ) 0. C�\+'NCIe C � UiGSr 14 S' I`C (rrti P.rCv• LI,Uli47C4Zi�� Cz-Lq .6 , STATE OF COLORADO ) t�cpc-aQcl � A mp-t-;ol-, -# 0 -165 - 17- .? - k€/c,,.% /or ,Q ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. 7 The foregoing instrument was subscribed and sworn to before me this day o / h E _ , 19 %C� . By —_ • WITNESS my hand and official seal. My Commission expires: iiiy Commission expires July 21,1991 ��/ Not riv/E�,Gblic I ,,: r:# AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Located in the Northwest Quarter of Section 17, Township 7 North, Range 67 West of the 6th p.m. , Weld County, Colorado. 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. . ,44u The foregoing instrument was subscribed nd sworn to before me this a(17 day C Y , 19 go , by WITNESS my hand and official seal. Ny Commission expires: My Commission expires May 2 , 92 No ary Public NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Flease print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # Arthur M. & Evelyn M. Cook 1401 Lindenwood Drive 0705-08-000-021 Fort Collins, CO 80524 K $ M Company 3201 Shore Road 0705-07-000-038 Fort Collins, CO 80524 Franklin W. & Christine M. Kinney 7078 E. Highway 14 0705-17-000-032 Fort Collins, CO 80524 Anne Marie S. & Bruce J. Davis 39750 Weld County Road 15 0705-17-000-057 Fort Collins, CO 80524 Gibralter Money Center, Inc. P.O. Box 10106 - 0705-17-000-010 Van Nuys, CA 91410-0106 Howard Timothy Gordon P.O. Box 2267 0705-17-000-049 c/0 Hasler, Fonfara, $ Maxwell Fort Collins, CO 80522 Julius A. $ Annabelle Lindquist 1271 Cornell Road 0705-17-000-047 Bridgewater, NJ 08807 -a2(co-a7) Language Commitment SCHEDULE B - Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. - 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascer- tained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easements or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments or any other facts which a correct survey would disclose, and which are not shown by the public record. 5. Any lien,orright to a lien,forservices,laboror material heretofore or hereafter furnished,imposed by law and not shown by the public records. 6. Taxes for the current year, including all taxes now or heretofore assessed, due or payable. 7. Rights of Way for County Roads 30 feet wide on either side of the Section and Township lines as established bythe Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 8. Right of Way conveyed to WELD COUNTY, COLORADO recorded October 9, 1951 in Book1313 at Page 351, said right of way being for public highway over and across the subject property. 9. Reservations by the UNION PACIFIC RAILWAY COMPANY of (1) all oil, coal and other minerals underlying the land, (2) the exclusive right to prospect for, mine or remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine or remove oil, coal and other minerals all as contained in the Deed recorded January 6, 1886 in Book 50 at Page 271, and any and all assignments thereof or interests therein. (' 10. An undivided interest in all oil, gas and other minerals as conveyed to ERNESTO CHACON and BETTY L. CHACON in the Deed recorded April 9, 1974 in Book 865 at Reception No. 1786807, and any and all assignments thereof or interests therein. Continued � // The following numbered exceptions may be eliminated in the policy to be issued under Schedule A, Paragraph upon fulfillment of the requirements specified under Schedule B-1. c_a, b... . .. 9 9 ,yam UNITED TITLE COMPANY • THANK YOU FOR YOUR RECENT TITLE INSURANCE ORDER AND FOR PLACING YOUR CONFIDENCE IN THE PEOPLE OF UNITED TITLE COMPANY. ORDER NO. U-2177 ENCLOSED: Commitment SELLER: Chacon BUYER: Davis Tax Certificate Improvement-Location PROPERTY; 39750 WCR 15, Ft. Collins Certificate Endorsement Lien Affidavit Policies: Owners • Mortgages Other PLEASE DELIVER TO THE CUSTOMERS CHECKED BELOW: Security Title 343 W. Drake Fort Collins, CO Attn: Roberta Realty World — Rhoads 2850 McClelland Dr. Fort Collins, CO 80525 Attn: Carol/Brad Remax 3665 JFK Parkway, Bldg #2 • Fort Collins, CO 80525 Attn: Gene Vaughn THE ABOVE IS A LISTGF CLIENTS THE ATTACHED TITLE COMMITMENT HAS BEEN DELIVERED TO. General requests for endorsements, surveys, tax certificates, etc. in connection with this order may be handled through our receptionist. Title questions should be directed to Brenda Jackson Title Examiner. Should you have any questions regarding the closing of this transaction,please contact in our escrow department. Received by: Date WE APPRECIATE THE OPPORTUNITY TO BE OF SERVICE r UNITED TITLE COMPANY of GREELEY h ' 801 Eighth Street • Suite 140 • Greeley,CO 80631 • (3031 3643200 - r DEPARTMENT OF PLANNING SERVICES PHONE(303)356-0000,EXT.4400 ag 91510th STREET GREELEY,COLORADO 80631 C. COLORADO July 19, 1990 James and Janice Schmidtbauer 3000 Adobe Drive Fort Collins, CO 80525 Subject: USR-920 - Request for a Site Specific Development Plan and a special Review permit for an agricultural service establishment in the Agricultural zone district on a parcel of land described as part of the NW} of Section 17, T7N, R67W of the 6th P.M. , Weld County, Colorado Dear Mr, and Mrs. Schmidtbauer: 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 on Tuesday, August 21, 1990, 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 o£ 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 Windsor Planning Commission for its review and comments. Please call Janet Lathrop at 686-7476 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 Planning Commission Meeting to answer any questions the , Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to August 10, 1990, you or a representative should call me to obtain a sign to be posted on the site no later than August 11, 1990. `". u n 4 James and Janice Schmidtbauer July 19, 1990 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date o£ the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, -414.41t— Brian A. Grubb Current Planner BAG:rjg 4 eq.4 S: Fort Collins, Colorado August 17, 1990 Weld County Planning Weld County Courthouse Greeley, Colorado Dear Weld County Planning: We are writing this letter in support of Jim and Jan Schmidtbauer's request for a in-home business use permit. We are unable to attend the hearing and request that you please consider this letter in lieu of our not being there in person. We first met the Schmidtbauer family this year through their in- quiry and interest in a land purchase. We have found the Schmidt- bauers to be reliable and sincere in their dealings with others. During our interaction with the Schmidtbauers we learned of their desire to purchase property for their family home and business. Mr. Schmidtbauer is a technical person whose profession is engine overhaul specializing in heavy equipment and tractors. He brings a much needed skill to this area. Please consider our input as you deem appropriate. Sincerely, Ernesto and Betty Chacon P4 '4.J '5 ;'r"1 SP e(20 irAthO CLERK TO THE BOARD CHECKLIST Hearing Title : -- cK d �1 ��r v��E_i cry; Received from Planning Department n/,Q Hearing date approved 9/// e) Notice typed ✓ G��7 Notices sent to: Legal advertising O ArLL``'--7 /1/4-E--" Cl Planning Department jl y Health Department 9fJ7 Bulletin board �� / 9�/ Local newspaper h/c-r � � Adjacent landowners IPackets made Packets to Commissioners SC Hello