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The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan's Goals and Policies. This use is located within the urban growth boundary of five municipalities. All municipalities involved have reviewed this proposal and expressed no objections. PL0879 920974 pICY`79 cc' !') ,q-Pe SPECIAL REVIEW PERMIT - HABERKON PAGE 2 c. The attached Special Review Permit Development Standards and Conditions of Approval will insure that the proposed use is compatible with the existing surrounding land uses which include rural residences, agricultural production and Interstate 25. d. The attached Development Standards and Conditions of Approval will insure that the proposed use is consistent with the future development of the area. This area is not designated for further development by any of the affected municipalities or by Weld County. e. This parcel is located in a geologic hazard area. The Colorado Geological Survey has reviewed this application. Since no new structures are planned, a geologic hazard development permit is not required at this time. The attached Development Standards will insure that the property is maintained in a manner consistent with all overlay districts affecting the site. f. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat, the applicant shall submit evidence to the Department of Planning Services that an I.S.D.S. evaluation on all existing septic systems has been performed by the Weld County Health Department. 4. The applicant shall demonstrate that the requirements of the Weld County Building Inspection and Mountain View Fire Protection District have been met. 920974 SPECIAL REVIEW PERMIT - HABERKON PAGE 3 5. Within 90 days of approval by the Board of County Commissioners, the applicant shall move all equipment, salvage items, junk and construction materials inside the designated storage area, inside an existing structure or remove them from the property. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of October, A.D. , 1992. �J72Un / G�2 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board G orge Ken dy, C airman BY: EXCUSED Deputy Clerk to the Board Constance L. Harbert, Pro-Tem APPROVED AS TO FORM: C. W. Ki b County Attorney Gor cy } W. .Webster 920974 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WILLIAM AND MARY HABERKON USR-970 1. The Site Specific Development Plan and Special Review Permit is for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The screening around the perimeter of the storage area shall be maintained in a manner consistent with the approved screening plan and the Special Review plat map. 4. All construction equipment, secondhand building materials, construction supplies, landscaping supplies, vehicles associated with the business, portable structures, and construction trailers shall be located within the designated storage yard at all times when the above items are on the property. The parking of vehicles or any equipment such as backhoes and trailers will not be permitted outside the storage area except for repairs which are allowed in front of the shop. This does not include personal vehicles. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. A bathroom with adequate toilet facilities served by an individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 9. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 10. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 11. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 920974 DEVELOPMENT STANDARDS - HABERKON PAGE 2 12. Personnel from the Weld County Health Department, Weld County Department of Planning Services, and Mountain View Fire Protection District 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. 13. 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 show 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. 14. 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. 920974 HEARING CERTIFICATION DOCKET NO. 92-48 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR THE EXPANSION OF A NONCONFORMING USE (EXCAVATION BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - WILLIAM AND MARY HABERKON A public hearing was conducted on October 7, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem - Excused Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated August 17, 1992, and duly published August 20, 1992, in the Windsor Beacon, a public hearing was conducted on September 2, 1992, to consider the request of William and Mary Haberkon for a Site Specific Development Plan and Special Review Permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District. At said hearing of September 2, 1992, the Board deemed it advisable to continue said matter to October 7, 1992, at 10:00 a.m. At said hearing of October 7, 1992, Lee Morrison, Assistant County Attorney, made this a matter of record. Chuck Cunliffe, Planning Department representative, presented a letter from the Mountain View Fire Protection District stating there is no problem with Mr. Haberkon's existing operations. The applicants were not presented or represented. Mr. Cunliffe said there are no other issues to be resolved as far as the Planning staff is concerned. Commissioner Lacy moved to approve the request of William and Mary Haberkon for a Site Specific Development Plan and Special Review Permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. Commissioner Webster seconded the motion. There was no public testimony offered, and the motion carried unanimously. This Certification was approved on the 12th day of October, 1992. (/�� /� J/n!I APPROVED: ATTEST:,{ J_ /IA! /i/L�t BOARD OF COUNTY COMMISSIONERS ��YDY KK%% WELD COUNTY, COLORADO Weld County to the Board 41 By: 4 G rge Ke nedy, Chairman Deputy Clerk to the Board ))) EXCUSED Constance L. Harbert, Pro-Tem TAPE #92-29 � ' C. W. KirbJG- DOCKET #92-48 Gordo y PL0879 W ,t)/L9 W. H. Webster 920974 c /LI NOT I C E The Board of County Commissioners of Weld County, Colorado, on October 7, 1992, 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: William and Mary Haberkon 3733 Weld County Road 6 Erie, Colorado 80516 LEGAL DESCRIPTION: Part of the SE* of Section 22, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: The expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District West of the 6th P.M. , Weld County, Colorado SIZE OF PARCEL: 6 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: cj ,u 1_f V nP A Deputy Curk to the Board PUBLISHED: October 15, 1992, in the Windsor Beacon 920374 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss yp� COUNTY OF WELD The hard el County Commissioner.mWiroaeny, I, KEITH HANSEN, of said County of Weld,being duly Colorado,on omob ty.I992. sworn,say that I am publisher of conditionally approved a Site Spangle Development Pr and Special Review Permit for the WINDSOR BEACON property and purpose described below.Conditional approval of this plan creates • vested a weekly newspaper having a general circulation in said property right pursuant to Article 68 of Tile 24,CAS.,as County and State, published in the town of WINDSOR, amended,for•period of three in said County and State; and that the notice, of which pro' the annexed is a true copy, has been published in said APPUCANT:William and Mary weekly for f _successive weeks, that the notice Rea 6.Edon,3.Co Weld County waspublished in the regular and entire issue of every rk Ede,Colorado gu number of the paper during the period and time of LEGAL DESCRIPTION:Part of the SE 1/4 of Section 22, publication, and in the newspaper proper and not in a Township 1 North,Range 88 supplement, and that the first publication of said notice West of the 6th P.M.,Weld paper was in said bearing the date of the County,Colorado TYPE AND INTENSITY OF /7/ day of `) CFo , A.D., 191?- and APPROVED USE: The expansion of a nonconforming the last publication bearing the date of the • use(esavation business)in the (Agricultural)Zone DIsbiet Wed of the 6th P.M.,Weld County, day of A.D., 19_ and Colorado • that the said WINDSOR BEACON has been published SIZE OF PARCEL:6 cores, continuously and uninterruptedly for the period of 5 more orhes consecutive weeks, in said County and State, prior to the Failure to abide by the terms date of first publication of said notice, and the same is a and conditions of approval will newspaper within the meaning of an Act to regulate result in • forfeiture of the vested properly rgit printing of legal notices an advertisements, approved BOARD OF COUNTY May 18, 1931, and all prior is sir as in force. COMMISSIONERS, WELD /� COUNTY, S 1/ BY: DONALD D.WARDEN, G CLERK TO THE BOARD P USHER BY: SHELLY K. MILLER, -'7 Deputy Clerk to the Board Subscrj' ,d and sworn to before me this c5O day MN► 'elre M d OM adsof 00 n �// oStr 9 es news • �,/1��,11 • NOTARY PUBLIC My commission expires 9.04f - `7 n 4 920974 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT.-TO. A.4UBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT W$LICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING'FOR CASE V THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN Go Q1((O(/ LI ems-'L S A OF AP APPLI ANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS 021 DAY OF , 19 9:2.-. SEAL NO1Y U 1' viy commission Expires January 10,1995 MY COMMISSION EXPIRES JJJ LAST DAY TO POST SIGN IS: 0/2.2.5/ 41.7- , 19 era . PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. CXh;& 920974 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 7, 1992 Page 2 The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Juliette Kroekel - yes; Don Feldhaus - yes; Shirley Camenisch - yes. Motion unanimously carried. CASE NUMBER: USR-971 APPLICANT: Frank's Woodworking REQUEST: A Site Specific Development Plan and a Special Review permit for an I-1 (Industrial) use (Stair Manufacturing) in the C-3 (Commercial) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 23, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 6 and east of I-25 Frontage Road. Frank Neal, applicant, said he wasn't aware of the existing zoning on the property when he purchased it. This property offers a better location and more exposure for the business. He makes spiral wooden staircases and employs 5 people. The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Brian Grubb read an additional Condition of Approval (3c) into the record. The Vice-Chairman asked Mr. Neal if he agreed with the Planning Department's recommendation. Mr. Neal said he did. Don Feldhaus moved Case Number USR-971, Frank' s Woodworking, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Shirley Camenisch seconded the motion. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Juliette Kroekel - yes; Don Feldhaus - yes; Shirley Camenisch - yes. Motion unanimously carried. CASE NUMBER: USR-970 APPLICANT: William and Mary Haberkon REQUEST: A Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (Excavating Business) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 6 and approximately 1/4 mile west of I-25. Bill Haberkon, applicant, explained he parks equipment and operates an excavation business. He has a building permit for the expansion of the shop and states he keeps his yard clean and respects his neighbors. Judy Yamaguchi asked how long 920974 xh� hif SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 7, 1992 Page 3 he has operated this business. Bill Haberkon said 23 years. Shirley Camenisch asked what type of equipment came into the yard. Bill Haberkon said they work on and store backhoes, loaders, and dump trucks. Bill O'Hare asked if the applicant had any problems with the Planning staff' s recommendation. Bill Haberkon said he did. He said the property is fenced on three sides with a six foot cedar fence and in the back with a chain-link fence. He feels the Planning staff's screening requirements for the chain-link fence are unnecessary due to the fact there is no one behind him and an enclosed fence would make snow drifts a problem in the winter. He also does not agree with the septic requirements stated by the Weld County Health Department. He said this is not a new facility, why would the Health Department make him install a new septic system for a restroom that has been there 23 years. John Pickle said if the applicant would have an engineer certify the existing system, the Weld County Health Department would accept the system as is. Bill Haberkon said he needs to park vehicles in front of the shop while he services them and waits for parts and the planning staff's recommendation would not allow this. The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this application. Roland Fahrenbruch, surrounding property owner, has lived on his property since 1972. He complimented Bill Haberkon on the upkeep of his property and stated as a neighbor he has no complaints about the operation. Dick Kimmel moved Case Number USR-970, for William and Mary Haberkon, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval with changes to the recommendation to include the deletion of Condition of Approval #4a and the rewording of Development Standard #4 to read: All construction equipment, secondhand building materials, construction supplies, landscaping supplies, vehicles associated with the business, portable structures, and construction trailers shall be located within the designated storage yard at all times when the above items are on the property. The parking of vehicles or any equipment such as backhoes and trailers will not be permitted outside the storage area except for repairs which are allowed in front of the shop. This does not include personal vehicles. Motion seconded by Tom Rulon. 920974 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 7, 1992 Page 4 The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Juliette Kroekel - yes; Don Feldhaus - yes; Shirley Camenisch - yes. Motion unanimously carried. CASE NUMBER: USR-972 APPLICANT: Laidlaw Waste Systems (Colorado) , Inc. REQUEST: A Site Specific Development Plan and a Special Review permit and an amended design and operations plan for an existing sanitary landfill permitted under SUP-400. LEGAL DESCRIPTION: The W2 NE4 and E2 NW4 of Section 29, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Erie; south of Weld County Road 6, approximately .25 miles west of Weld County Road 5. Fred Otis, Attorney, representative for Laidlaw Waste Systems (Colorado) , Inc. , explained this application to upgrade an existing permit (SUP-400) is one of the most extensive applications in the State of Colorado. Judy Yamaguchi explained the Planning Commission has had ample opportunity to view the application and Bill O'Hare told the audience they had toured the site with the Director of Planning Services, Chuck Cunliffe, Lanell Swanson, Lee Morrison and John Pickle. Lee Morrison explained the Planning Commission had no contacts with operators of the facility or surrounding property owners. Scott Schreiber, Regional Development Director, Laidlaw Waste Systems (Colorado) , Inc. , gave a detailed overview of this application and similar applications throughout the United States. Laidlaw is a Fortune 500 company, employs 35,000 people, and handles 220 million tons of trash yearly. He presented a detailed slide show with aerial photographs of the landfill site and surrounding areas. Shirley Camenisch asked about heavy equipment tearing the liner of the landfill bed. Scott Schreiber explained the liner is covered with 3 feet of sand and special equipment is used to push household type (small trash) out to cover it. Don Feldhaus asked about problems with birds. Scott Schreiber said given the distance of the State of Colorado from the seaboards, birds are not a large problem in this area. Bill O'Hare asked about the water table depth in the area. Bill O'Hare asked what the operation times at the existing facility are. Scott Schreiber said they usually work from 5:00 a.m. to 9:00 p.m. The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this application. 9:0974 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS . Moved by Richard Kimmel that the following resolution be introduced for passage with the deletion of Condition of Approval Number 4a, and changes to Development Standard Number 4, by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-970 NAME: William and Mary Haberkon ADDRESS: 3733 Weld County Road 6, Erie, CO 80516 REQUEST: A Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 6 and approximately 1/4 mile west of Interstate 25. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive plan' s goals and policies. This use is located within the urban growth boundary of five municipalities. All municipalities involved have reviewed this proposal and expressed no objections. This proposal is consistent with the intent of the district in which it is located and is provided for as a use by special review. The attached Special Review Permit development standards and conditions of approval will insure that the proposed use is compatible with the existing surrounding land uses which include rural residences, agricultural production and Interstate 25. The attached development standards and conditions of approval will insure that the proposed use is consistent with the future development of the area. This area is not designated for further development by any of the affected municipalities or by Weld County. xh; JH * k; .3)974 RESOLUTION, USR-970 William and Mary Haberkon Page 2 This parcel is located in a geologic hazard area. The Colorado Geological Survey has reviewed this application. Since no new structures are planned, a geologic hazard development permit is not required at this time. The attached development standards will insure that the property is maintained in a manner consistent with all overlay districts affecting the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat, the applicant shall submit evidence to the Department of Planning Services that an I.S.D.S. evaluation on all existing septic systems has been performed by the Weld County Health Department. 4. Within 30 days of approval by the Weld County Planning Commission and prior to scheduling this request before the Board of County Commissioners, the applicant shall demonstrate that the requirements of Weld County Building Inspection and Mountain View Fire Protection District have been met. 920974 RESOLUTION, USR-970 William and Mary Haberkon Page 3 5. Within 90 days of approval by the Board of County Commissioners, the applicant shall move all equipment, salvage items, junk and construction materials inside the designated storage area, inside an existing structure or remove them from the property. Motion seconded by Tom Rulon. VOTE: For Passage Against Passage Richard Kimmel Tom Rulon Bill O'Hare Judy Yamaguchi Juliette Kroekel Don Feldhaus Shirley Camenisch The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution, is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on July 7, 1992. Dated the 7th of July, 1992. Sharyn F. Ruff Secretary 9209'74 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS William and Mary Haberkon USR-970 1. The Site Specific Development Plan and Special Review permit is for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The screening around the perimeter of the storage area shall be maintained in a manner consistent with the approved screening plan and the special review plat map. 4. All construction equipment, secondhand building materials, construction supplies, landscaping supplies, vehicles associated with the business, portable structures, and construction trailers shall be located within the designated storage yard at all times when the above items are on the property. The parking of vehicles or any equipment such as backhoes and trailers will not be permitted outside the storage area except for repairs which are allowed in front of the shop. This does not include personal vehicles. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. A bathroom with adequate toilet facilities served by an individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 9. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 10. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 11. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 920974 DEVELOPMENT STANDARDS, USR-970 William and Mary Haberkon Page 2 12. Personnel from the Weld County Health Department, Weld County Department of Planning Services, and Mountain View Fire Protection District 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. 13. 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. 14. 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. • 920974 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: William and Mary Haberkon Case Number: USR-970 Submitted or Prepared Prior to Hearing At Hearing 1. Application 9 pages X 2. Application plat 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner' s Mailing List X 6. DPS Mineral Owner' s Mailing List X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Weld County Planning Commission; field check; Shirley Camenisch X 12. Letter; May 28, 1992; Department of Planning Services Staff to Colorado Geological Survey; Brian Grubb X 13. Referral response; May 19, 1992; Weld County Environmental Protection Services; John Pickle X 14. Referral response; May 29, 1992; Department of the Army, Corps of Engineers X 15. Referral response; May 15, 1992; City of Thornton Community Development X 16. Referral response; May 27 , 1992; Mountain View Fire Protection District; Mark Lawley X 17. Referral response; May 26, 1992; City of Broomfield; Arne Carlson X 18. Referral response; May 28, 1992; Boulder Valley Soil Conservation District; Barry Sinkey X 19. Referral response; May 18, 1992; Weld County Engineering; Drew Scheltinga X 20. Referral response; May 18, 1992; Colorado Oil and Gas Conservation Commission; R. VanSickle X 920974 INVENTORY OF ITEMS ..OBMITTED FOR CONSIDERATION William and Mary Haberkon USR-970 Page 2 21. Referral response; May 20, 1992; Panhandle Eastern Pipeline Company; Larry Abston X 22. Referral response; May 28, 1992; City of Northglenn, Jerome Starling X 23. Referral response; May 22, 1992; Town of Erie; Scott Hahn X 24. Referral response; June 16, 1992; Colorado Geological Survey; James Soule X 25. Referral response; July 7, 1992; Town of Dacono; Zee Anderson; (submitted after hearing) 26. Letter; August 6, 1992; Mountain View Fire Protection District; Mark Lawley; (submitted after hearing) I hereby certify that the 26 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing unless otherwise indicated. I further certify that these items were forwarded to the Clerk to the Board's office on August 13, 1992. Current Planner STATE OF COLORADO ) ) COUNTY OF WELD ) ¢¢ n SUBSCRIBED AND SWORN TO BEFORE ME THIS /3 day of (/),.. Zei 19 `7 SEAL • fit OT YP L C My Commission Expires January 10,1995 My Commission Expires 920974 EXHIBIT INVENTORY CONTROL SHEET Case CIS(' __ Wl L� , oit.e&c -#7i?aiLci Exhibit )) Submitted By Exhibit Description g//3 A• YGt/Ln c ( (� 7,oPttlAu = b,' /f/fl7/Jthfl1LoU g/3 B. d la 12:tlykl `ctr-rpnim‘- '4-,,d LA-xi �c_��'tlrnrn sicria��..� 1/ V/7 D. //EZ �� 1Z,11l`eL2c::_ �� 'Ia Let, It ;it 3721 E. a 64.6;tn autycLe.t., fir'/N F. (7.4 L> d 2 CQ. _i.1) GT? C ,O1titLI n 211'x' G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 920374 o,,�j MOUNTAIN VIEW FIRE PROTECTION DISTRICT 700 Weaver Park Road, Longmont, CO 80501 (303) 772-0710 Metro (303) 666-4404 September 28, 1992 Weld County Department Of planning 0 `a :71-1, 11 Chuck Cunliff 915 Tenth Street SEP 2 9 1992 11 Greeley, Co 80631 RE: USR-970 Haberkon wcid County Planning Dear Mr. Cunliff, As a result of a visit with Mr. Haberkon concerning his operation, it is in the fire district opinion that the H Occupancy classification given to the fire district does not particularly apply to his operation. Granted, technically the code states any welding and cutting operation is a hazardous operation. However, in this situation, I believe the interpretation in the code was meant for operations such as welding shops, not for a person who does a limited amount of welding. The spray painting operation is of a similar nature. Mr. Haberkon is allowed by code to spray (Nine square feet per day inside) . According to him he doesn't spray at all inside. As far as the flammable and combustible liquid storage is concerned he is allowed to store so much by code. I don't believe he exceeds the limits. Therefore, at this time the fire district does not have a conflict with the Haberkon project. However, I would suggest that Mr. Haberkon separate his welding operation from his flammable and combustible liquid storage. If you have any questions or comments please feel free to contact me. Sincerely, Mal J . -,_Lii-6.,_,\,_, Mark A. Lawley Assistant Chief Fire Prevention 920374 MOUNTAIN VIEW FIRE PRO 1 ECTION DISTRICT Administrative Office: t,t,,xt,/ 700 Weaver Park Road• Longmont, CO 80501 Art'� (303) 772-0710 Metro (303) 666-4404 August 06, 1992 2�,� Weld County Department of Planning d `y'i'�� \1�'"� Brian Grubb AUG 1 1992 915 Tenth Street Greeley, Co 80631 Weld County Planning RE: Haberkon special review permit Dear Mr. Grubb, Pursuant, to our phone conversation this morning. The fire district has no conflicts with the Haberkon project provided the following uses do not take place: 1 . No welding or cutting 2 . No spray painting 3. No storage of flammable or combustible liquids above the limit allowed by code. If you have any questions or comments please feel free to contact me. Sincerely, Mark A. Lawley Division Chief Fire Prevention Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lalayetle,CO 600 Briggs 100 So.Forest St. 80501 80501 Mead,CO80542 Niwot.CO80544 60026 Erie.CO B0516 Daono.CO80514 920374 Date: July 7, 1992 CASE NUMBER: USR-970 NAME: William and Mary Haberkon ADDRESS: 3733 WCR 6, Erie, CO 80516 REQUEST: A Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the SE4 of Section 22, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 6 and approximately 1/4 mile west of Interstate 25. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive plan's goals and policies. This use is located within the urban growth boundary of five municipalities. All municipalities involved have reviewed this proposal and expressed no objections. This proposal is consistent with the intent of the district in which it is located and is provided for as a use by special review. The attached Special Review Permit development standards and conditions of approval will insure that the proposed use is compatible with the existing surrounding land uses which include rural residences, agricultural production and Interstate 25. The attached development standards and conditions of approval will insure that the proposed use is consistent with the future development of the area. This area is not designated for further development by any of the affected municipalities or by Weld County. 920974 RECOMMENDATION, USR-970 William and Mary Haberkon Page 2 This parcel is located in a geologic hazard area. The Colorado Geological Survey has reviewed this application. Since no new structures are planned, a geologic hazard development permit is not required at this time. The attached development standards will insure that the property is maintained in a manner consistent with all overlay districts affecting the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat, the applicant shall submit evidence to the Department of Planning Services that an I.S.D.S. evaluation on all existing septic systems has been performed by the Weld County Health Department. 4. Within 30 days of approval by the Weld County Planning Commission and prior to scheduling this request before the Board of County Commissioners, the applicant shall: a. submit a proposal for screening the north side of the designated storage yard. This proposal shall be submitted in writing to the Department of Planning Services' staff for review and approval. The proposal shall include information describing the screening such as height from grade, style or type of screening, spacing of structural members and color of screening. 920974 RECOMMENDATION, USR-970 William and Mary Haberkon Page 3 b. demonstrate that the requirements of Weld County Building Inspection and Mountain View Fire Protection District have been met 5. Within 90 days of approval by the Board of County Commissioners, the applicant shall: a. implement the approved screening plan b. move all equipment, salvage items, junk and construction materials inside the designated storage area, inside an existing structure or remove them from the property. 92O374 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS William and Mary Haberkon USR-970 1. The Site Specific Development Plan and Special Review permit is for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The screening around the perimeter of the storage area shall be maintained in a manner consistent with the approved screening plan and the special review plat map. 4. All construction equipment, secondhand building materials, construction supplies, landscaping supplies, vehicles associated with the business, portable structures, and construction trailers shall be located within the designated storage yard at all times when the above items are on the property. The parking of vehicles or any equipment such as backhoes and trailers will not be permitted outside the storage area for any length of time. This does not include personal vehicles. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. A bathroom with adequate toilet facilities served by an individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 9. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 10. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 11. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 921)374 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS William and Mary Haberkon USR-970 Page 2 12. Personnel from the Weld County Health Department, Weld County Department of Planning Services, and Mountain View Fire Protection District 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. 13. 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. 14. 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. 920374 U/ s,f,. J N 'vll ,�•. ../ , -� ,�'f`�rg5v USE BY SPECIAL REVIEW APPLICATION Mgr Department of Planning Services, 915 Tenth Street, Greeley. ColltWOtb � 31 Phone - 356-4000 - Ext. 4400 l'','0/,ySnfry9 Case Number iefz - el-4-(t) Date Received E5///1:1;7 Application Checked by o6,2i Mylar plat submitted Application Fee 7LIO.00/SNV. ,3:5( 00 Receipt Number ¶ <53 c 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 concerning the proposed Major Facilities of a Public Utility Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: uo h:-Easc1/4 Section 22 T in N, R 68 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section 22 T N, R 68 W Property Address (if available) 3733 Weld. County Road 6 , Erie , CO PRESENT ZONE OVERLAY ZONES TOTAL ACREAGE 6 PROPOSED LAND USE Excavating Business EXISTING LAND USE Excavating Business SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: William S. & Mary Ann Haberkon Address: 3733 Weld County Rd. 6 City Erie Zip 80516 Home Telephone // 303-828-3691 Business Telephone // 303-665-9281 Name: Address: City Zip Home Telephone // Business Telephone // APPLICANT OR AUTHORIZED AGENT jjf different than above) : Name: Address: City Zip Home Telephone 1/ Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: (Mineral rights are not being assessed) Address: City Zip Name? Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) ',Ode > Signature: ( weer or Authorized Agent Subscribed and sworn to be le e this lL! ` day of 19 Jam: l�giltnu Ev.e eoS0516 T Y FOLIC fl My commission expires 920974 PROPOSED USE Bill and Mary Ann Haberkon are the owners of a Excavating Co . which digs residental basements . We would like to continue our business at this address as we have since 1969 . We do have a shoo on this orooerty as we do our own maintence. Since most of the equipment is kept on the job sites , most of the traffic consists of personal vechiles . NEED FOR USE Since we have had the business here since 1969 we would like to continue to do so. EXISTING USES ON SURROUNDING PROPERTIES Most surrounding area is zoned agricultural but there is another Excavating business & Trucking business within 1/4 mile of this property. DISTANCES TO RESIDENTIAL STRUCTURES IN EACH DIRECTION Nearest resident to east is approx. 150 feet, west approx. 75 feet, north approx. no residence and south approx. 1/4 mile . MAXIMUM NUMBER OF USERS Use of this property for Exavating business would involve 4 empolyees which go to the job sites each day. NUMBER OF EMPLOYEES AND HOURS OF OPERATION Employees do not work at this address on a requalr basis . They report to this address in the mornings and go to job sites . This consists of four employees two of which are own sons . Hours are from Monday thru Friday 630 to 3 ' 30 WATER SOURCE FOR PROPOSED USE Water used is from Left Hand Water Assoc . 9 974 ACCESS ROUTE TO BE UTILIZED FOR THE PROPOSED USE Access to the property will be the driveway which is currently in use off of Weld County Road 6 . TYPE, SIZE , WEIGHT AND FREnUENCY OF VEHICULAR TRAFFIC Vehicular traffic will consist of 1 one ton truck and a 3/4 ton pickup leaving daily, one Peterbuilt tractor and Lowboy with a maximum load of 35 , 000 Pounds occasionaly when a machine is brought in for maintance. Frequency of approximatly twice . a month. We also have a dump truck which may leave the yard twice a week but is empty & weighs approx. 23 ,0001bs . SEWAGE FACILITIES A adequate septic system is on Property. FIRE PROTECTION MEASURES We are under Dacono fire district . We also have fire extinguishers in all vechiles and shop. TYPE AND SIZE OF ANY WASTE , STOCKPILE OR STORAGE AREA There is no waste or anything stockpiled on property. Approx. 2 acres of land is used for storage area and parking equipment . STORM WATER RETENTION Proposed use of land would not alter present drainage . DISPOSAL OF DEBRIS , JUNK AND OTHER WASTES There will be no junk vehicles parked on this property. We do have trash collection twice a month. If any thing large it is taken to dump. All used oil is collected by an oil company. LANDSCAPING PLANS AND EROSION CONTROL Landscaping and erosion is not anticpated to be a problem as the area now contains are family residence and parking equipment We do have a 6 foot privicy fence along both sides and front where equipment is kept. The back also has a 6 foot chain link fence around it. RECLAMATION PROCEDURES TO BE EMPLOYED UPON CESSATION OF USE The area for the last 22 years has been used for the business . along with agriculture . If the area is no longer used for the business farm equipment will he used in the area. 920974 TIME TABLE FOR CONSTRUCTION AND START-UP Area is presently used for business . No further construction is anticipated withp possible exception of up keen, such as additional road base on drives and yard. STATEMENT RE : WELD COUNTY COMPREHENSIVE PLAN We feel the the proposed uses is consistent with Weld County Comprehensive Plan for the following reasons : 1 . The "use" does not remove "prime" agricultural land from use. There is no large farming done in area since all parceles are around six acres in the surrounding areas . 2 . Using the area for the parking of vechiles will prove a productive use for land since the area is already divided in small parcels and is residental . 3 . The traffic caused will be so negligible as to cause no impact on traffic flow. CONSISTENCY WITH THE INTENT OF THE DISTRICT The proposed use is consistent with the intent of the Agricultural Zoning District. The use will have a minimal affect on the agricultural area. Through this Use by Special Review process , this still adequate controls . WHAT EFFORTS HAVE BEEN MADE TO CONSERVE AGRICULTURAL LAND This particular piece of land is suitable as to be unfarmable therfore it will not be a loss of useable agricultural land. PROVISIONS FOR THE PROTECTION OF HEALTH, SAFETY & WELFARE OF THE NEIGHBORHOOD . Proposed use of this land should have no negative effect of any kind on the neighborhood. COMPATIBILITY WITH EXISTING SURROUNDING LAND USES Parking of equipment should not be incompatible with the surrounding land use which is mainly agricultural . FUTURE COMPATIBLITY WITH SURROUNDING AREA It is not anticipated that the use of the surrounding area will change in the near future . 'Mere is no room for further growth because all land adjoing property is small acreages . 9:'0974 FLOOD PLAIN, GEOLOGIC HAZARD , AIRPORT OVERLAY There is no ditches running through property. We do have a small lake at the bottom of property that catches any waste water or rain run off. There is no geologic hazards know at this time . The property is within five miles of tri county airport, but the proposed use of land should not in no way effect airport traffic. PROOF OF WATER SUPPLY This property is served by Left hand water supply company, but there is no anticipated need for any more . COPY OF DEED Attacted hereto. NOISE REPORT There should be no noise generated different than normal traffic noises . SOIL REPORT The area in and immediately surrounding the parking area is either top soil , gravel driveway and parking area, lawn or farmed land. 92O974 NW BOOK 661 ' •1 a/_ w (. L. Fled _rrecord De day ot. A c. tv at.4 o'clock .y'. ANN SP MER —H!;E: -oeuER. gq.EXED Deception v 1582829 • rte -DEPUTY. 24 KNOW ALL MEN BY THESE PRESENTS, That, Whereas, WILLIAM J. HABERKON and MARY ANN HABERKON of the County of Weld , in the State of Colorado, by DEED OF TRUST dated the 9th day of December , A. D. 19 6 7 , crs and duly recorded in the office of the County Clerk and Recorder of the tr County of Weld , in the State of Colorado, on the 11th day of December r Reception No. 1510778 A. D. 19 6 7 , in book 589 / Maim of the records, in said office, conveyed to the ltl Public Trustee in said County of Weld v-41 '°1 certain real estate in said Deed of Trust described, in trust to secure the payment of the indebtedness 0 mentioned therein. 0 AND, WHEREAS, Said indebtedness has been paid and the purposes of said trust have been fully satisfied; CA�s:,i_L CL1 fT l EXHIBITED NOW, THEREFORE, At the request of the legal holder of the indebtedness secured by said Deed = of Trust, and in consideration of the premises, and in further consideration of the sum of Three Doi- c.1 lars, to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said c County of Weld , do hereby remise, release and quit-claim unto the present owner or owners of said real estate and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which I have under and by virtue of said Deed of Trust in and to the said real estate in said Deed of Trust particularly described, reference to which is hereby made for greater certainty. TO HAVE AND TO HOLD THE SAME, Together with all and singular the privileges and appur- tenances thereunto belonging forever. AND FURTHER, that the said Trust Deed is, by these presents, to be considered as fully and absolutely released, cancelled and forever discharged. WITNESS my band and seal, this 27th day of January , A. D. 19 72 . �Lw (SEAL) As the Public Trustee in said County of weld By STATE OF COLORADO, esS. County of Weld The foregoing instrument was acknowledged before me this 27th day of January , A. D. 19 72 , by Waiter L. Bainas the Public Trustee in said County of Weld , Colorado. \\,;'•• • C 4L, Witness my hand and Official Seal. y mss. i . 1 . My commission expires Oct. 16, 192 ,y , Notary Public. To the 'Public'Trustee in said County of Weld Colorado: Please execute this release, the indebtedness secured by the abov mentioned Deed of Trust having been fully paid. >4 79-11 -1 X Aid 1967/C1- The legal holder of the indebted ncss secured by said Deed of Trust. Paul Baker and Mary Baker .. ..-------------........__ _.................__........__....._....._... FORM 368 REV. 7-1969 RELEASE OF DEED OF TRUST BY THE PUBLIC TRUSTEE--THE c. F. HOECKEL CO DENVER 25950 sP2.00 92097.j DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,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, July 7, 1992, 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: William and Mary Haberkon LEGAL DESCRIPTION: Part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Excavating business in the A (Agricultural) zone district. LOCATION: North of and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25. SIZE: 6 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 July 7, 1992. 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. Bud Clemons, Chairman Weld County Planning Commission To be published in the Windsor Beacon. To be published one (1) ti by ,kne 1, 1992 Received by: 4U Date: ��/. 920374 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 3733 Weld County Rd. 6 , Erie, CO 80516 STATE OF COLORADO ss . COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred feet of the property under consideration This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application' s submission date. ' J The� foregoing instrument was subscribed and sworn to b ore me this (___ day u 19�� by �4 i �� <- ��-- `9Z ' m Vr:P Lcs Qosib WITNESS my hand and official seal. MY Commission expires: 64 10 No ry ublic My Commission Expires: / n 920974 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # George Bain 3754 Weld County Rd. 6 1467-27-1-00-007 Betty Erie CO 80516 Roland Fahrenbruch 3654 Weld County Rd. 6 1467-27-1-00-001 Ruth Ann Erie , CO 80516 John Stipanovich 1767 I-25 Frontage Rd. 1467-27-1-00-003 Erie , CO 80516 Mary Baker 3423 Weld County Rd. 6 1467-22-4-00-002 Erie , CO 80516 George Vogl 9729 Weld County Rd. 24 1467-22-4-00-004 Ft. Lupton , CO 80621 Richard Feaster 21 Brookside Drive 1467-22-4-00-005 Sherrill Littleton, CO 80121 Robert Lovewell 3693 Weld County Rd. 6 1467-22-4-00-006 Karen Erie , CO 80516 Marvin Snyder 3843 Weld County Rd. 6 1467-22-4-00-010 Erie , CO 80516 Dale L. Tinkle 3883 Weld County Rd. 6 1467-22-4-00-009 Erie , CO 80516 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 3733 Weld County Rd. 6 , Erie , CO 80516 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, sates 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 a ownership update from a title or abstract company, or an attorney. iigele The foregoing instrument was subscribea�nad` worn to before me this � /gZ$/i'fMOW (("L f day of I I 1( 19 By /' e eC g0S7b / 1 WITNESS my hand and official seal. My Commission expires: (Q'p I T' Noy ry Public .i -9203 4 Mineral rights on 3733 Weld County Road 6 are not being assessed. 920974 LAND-USE APPLICATION SUMMARY SHEET Date: June 30, 1992 CASE NUMBER: USR-970 NAME: William and Mary Haberkon ADDRESS: 3733 WCR 6, Erie, CO 80516 REQUEST: A Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 6 and approximately 1/4 mile west of Interstate 25 . SIZE OF PARCEL: 6 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 following agencies: 1. Department of the Army, Corps of Engineers 2. State of Colorado, Geological Survey 3. Weld County Health Department 4. Weld County Building Inspection Referral responses have not been received from the following agencies: 1. Farmers Irrigation and Reservoir Company 2. Adams County Planning Commission 3. Town of Dacono Planning Commission No objections have been received by Department of Planning Services' staff from surrounding property owners. 920974 RELCASE NUMBER: USR-970 !h#14 HY NAME: William and Mary Haberkon ADDRESS: 3733 WCR 6, Erie, CO 80516 REQUEST: A Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 6 and approximately 1/4 mile west of Interstate 25. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive plan's goals and policies. This use is located within the urban growth boundary of five municipalities. All municipalities involved have reviewed this proposal and expressed no objections. This proposal is consistent with the intent of the district in which it is located and is provided for as a use by special review. The attached Special Review Permit development standards and conditions of approval will insure that the proposed use is compatible with the existing surrounding land uses which include rural residences, agricultural production and Interstate 25. The attached development standards and conditions of approval will insure that the proposed use is consistent with the future development of the area. This area is not designated for further development by any of the affected municipalities or by Weld County. 920374 RECOMMENDATION, USR-970 William and Mary Haberkon Page 2 This parcel is located in a geologic hazard area. The Colorado Geological Survey has reviewed this application. Since no new structures are planned, a geologic hazard development permit is not required at this time. The attached development standards will insure that the property is maintained in a manner consistent with all overlay districts affecting the site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat, the applicant shall submit evidence to the Department of Planning Services that an I.S.D.S. evaluation on all existing septic systems has been performed by the Weld County Health Department. 4. Within 30 days of approval by the Weld County Planning Commission and prior to scheduling this request before the Board of County Commissioners, the applicant shall: a. submit a proposal for screening the north side of the designated storage yard. This proposal shall be submitted in writing to the Department of Planning Services' staff for review and approval. The proposal shall include information describing the screening such as height from grade, style or type of screening, spacing of structural members and color of screening. 9974 RECOMMENDATION, USR-970 William and Mary Haberkon Page 3 b. demonstrate that the requirements of Weld County Building Inspection and Mountain View Fire Protection District have been met 5. Within 90 days of approval by the Board of County Commissioners, the applicant shall: a. implement the approved screening plan b. move all equipment, salvage items, junk and construction materials inside the designated storage area, inside an existing structure or remove them from the property. 920974 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS William and Mary Haberkon USR-970 1. The Site Specific Development Plan and Special Review permit is for the expansion of a nonconforming use (excavation business) in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The screening around the perimeter of the storage area shall be maintained in a manner consistent with the approved screening plan and the special review plat map. 4. All construction equipment, secondhand building materials, construction supplies, landscaping supplies, vehicles associated with the business, portable structures, and construction trailers shall be located within the designated storage yard at all times when the above items are on the property. The parking of vehicles or any equipment such as backhoes and trailers will not be permitted outside the storage area for any length of time. This 4lA.L- less not include personal vehicles tlit.thno oNiE Pi€c.a op or EQUipM Qti'wt& ? AIP4 P- 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. A bathroom with adequate toilet facilities served by an individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 9. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 10. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 11. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 920374 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS William and Mary Haberkon USR-970 Page 2 12. Personnel from the Weld County Health Department, Weld County Department of Planning Services, and Mountain View Fire Protection District 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. 13. 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. 14. 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. 920974 FIELD CHECK FILING NUMBER: USR-970 DATE OF INSPECTION: May 21, 1992 APPLICANT' S NAME: William and Mary Haberkon REQUEST: A Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25. LAND USE: N Irrigated agricultural production E Residences S Residences W Residences ZONING: N A (Agricultural) E A (Agricultural) and C-3 (Commercial) S A (Agricultural) W A (Agricultural) COMMENTS: The subject parcel is in a well developed rural residential area with residences on all sides except to the north. Weld County Road 6 is a paved County collector. The storage yard is enclosed on three sides by a 6 foot cedar fence. The yard is full of excavation equipment and other items necessary for the operation of the business. There is an unscreened area to the north where the applicant is storing junk and second-hand building materials. 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I +1, . b p 4 %9i REFERRAL LIST NAME: William and Mary Haberkon CASE NUMBER: USR-970 REFERRALS SENT: May 14, 1992 REFERRALS TO BE RECEIVED BY: May 28, 1992 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton _Extension Service X Broomfield _Emergency Management Office X Dacono Sheriff's Office Eaton X Engineering X Erie _Housing Authority _Evans Airport Authority _Firestone X Building Inspection Fort Lupton _Frederick STATE Garden City Division of Water Resources _Gilcrest x Geological Survey Greeley _Department of Health _Grover Highway Department _Hudson _Historical Society _Johnstown Water Conservation Board Keenesburg X Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _Lochbuie Ault F-1 _Longmont Berthoud F-2 _Mead _Brighton F-3 Milliken _Eaton F-4 New Raymer Fort Lupton F-5 X Northglenn Galeton F-6 Nunn _Hudson F-7 _Platteville _Johnstown F-8 Severance _La Salle F-9 X Thornton X Mountain View F-10 _Windsor _Milliken F-11 _Nunn F-12 COUNTIES Pawnee F-22 X Adams _Platteville F-13 Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 J( US Army Corps of Engineers s-0117 .416 _Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 _Federal Aviation Administration -- --Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. Brighton X Panhandle Eastern Pipe Line Co. _Fort Collins _Tri-Area Planning Commission Greeley X Longmont r -'- ' pre IF4Z- ii/ZO1417-j'gz- _West Adams COMMISSION/BOARD MEMBER N X Shirley Camenisch 920374 FIELD CHECK FILING NUMBER: USR-970 DATE OF INSPECTION: ( 3 APPLICANT'S NAME: William and Mary Haberkon CURRENT PLANNER: Brian A. Grubb REQUEST: A Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25. L 1 LAND USE: N f C: L<('L< -i tit / L& Cait Ck L' C t � t"(e tt<�—' �1L ) ` S AC..1.L(kk i.{ 1.C(th ( i�Cl//%C(''d� k L<.�' F'l uA 7�f 1 W \ i; <. e1, c J. l:_�, P� .(<'I. It! Ls : GS tl 1tt. y ZONING: N A (Agricultural) E A (Agricultural) , C-3 (Commercial) S A (Agricultural) W A (Agricultural) COMMENTS: i _ /, .� r/c X . ti Ct/,,.i t-C1.�< t Lei t �. c f � _, a A C�.rxk,&CC ti , J�•Lr[i if 12A L Lt0 ✓L( T A i <. / A ,' -} i mss '. �Li.. !r1.1,�-(Q�LC <,L. (l f,(r t G-<�.1,(, / GJ- G 7 °e7Ldx.�-Cc �,� i s_t ,1{.(ct ,., r�( �.. .<�L t LC `+^ J �(' 6, vtL LCDFl A k uo anti ( L([.44 L'Lti _Cv �<Z 6L<o [m9Yli r ..fin ) L1 i 1V 'L t.4 ' /cc ZJ CL <yL.L�CQA[^ > /-Piu' e Lie:, .' )(, .(,G :F. I(LLt LC 4CLti u:_t 6 CANE , lA, .�( .{i�'/((13 aC�� .0./tL4 1,9 ! lUk- -BvL-L � 6;,'LLAALGIL.e C-J:) C } {', ( L�dL 11G.1 � i/Lilk / �L(U II,L '4` 4t4„ . l.V`J(i4 ✓-E".i � ., ' r�a � f� u .k;C'e ✓/L (G �C��J iLAIY,.�J L 4ll. "'L .. 4:L vac t C -1 L(.Ll.Yr-r/A �r�-t-- pL"i 1?-�tG�/.Lic y C6 f )24'4 .1 1 . 1 A c14.-:, v u i Lc-71t V MAY 2 7 1992 0 Weld Count"Planning 920374 DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 COLORADO May 28, 1992 Colorado Geological Survey Mineral Fuels Section Attn: Jeff Hynes 1313 Sherman Street Denver, CO 80201 Subject: Referral for William and Mary Haberkon, USR-970. Dear Mr. Hynes: Enclosed is a check for $285 for the review of William and Mary Haberkon' s application to expand an existing construction business on property located in a geologic hazard area. As we discussed on the phone, the Department of Planning Services' would like for you to review this proposal and determine if a Geologic Hazard Development Permit is required. According to our maps , this property is located at least partially in a hazard zone . No new structures are planned but there has been additions to existing structures since 1985 that should have been covered by a special review permit. This application is an attempt to correct the zoning violation. If you have any further questions, please give me a call. Sincerely, Brian A. Grubb Current Planner BAG/bjs 920974 �� mEmoRAnDum totawl WLIVc. To BRIAN A. GRUBB Weld County Planning p�t� May 19, 1992 COLORADO From John S. Pickle, M.S.E.H. , Director, E.P.S. _ P Subject Case Number: USR-970 Name: HABERKON. ILLIAM & MARY Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. An I.S.D.S. Evaluation on any existing septic systems will be necessary, prior to issuing the required septic permits on the existing systems. 5. A bathroom with adequate toilet facilities served by an individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 6. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. JSP/lsa-1010 JUN 2 6 rife WWJa!d Cour.tj?bring 974 t ANT OF �� % a � �e, DEPARTMENT OF THE ARMY c \�' CORPS OF ENGINEERS,OMAHA DISTRICT a - z � TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 o M LITTLETON,COLORADO 80123-6901 REPLY TO May 29, 1992 ATTENTION OF Mr. Brian A. Grubb Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Grubb: Reference is made to case No. USR-970, William and Mary Haberkon site located in Section 22, Township 1 North, Range 68 West, Weld County, Colorado. During a May 27, 1992 site visit conducted by Mr. Terry McKee of this office it was found that an existing area of ponded water on this property is considered to be waters of United States pursuant to Section 404 of the Clean Water Act. If a proposed activity requires the placement of fill material into this pond, this office should be contacted for proper Department of the Army permits. Sincerely, a Timo T Car Project Manager rkt/L121 UN 0 1 1992 'I Weld Cunt; laaaing 920374 • 6 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 • \L. JUN 0 1 1992 COLORADO ,__ May 14, 1992 CASE NUMBER: USR-97O��IdCGwthfPI3flnBng TO WHOM IT MAY CONCERN: Enclosed is an application from William and Mary Haberkon for a Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25 . 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 May 28, 1992, 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. 1/ 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: U' e'FL o/�rr14A Date: C. /3 /�I� co�+'t r^....nC5 att,eta/o mai* N�I .C/pc 920974 (it 4‘.--- DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 viiv C. COLORADO May 14, 1992 CASE NUMBER: USR-970 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Mary Haberkon for a Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25. 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 May 28 , 1992, 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, C� We have reviewed the request and find no conflicts with our ��1J interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please r er to the enclosed letter. -1 Lr Signed: 4 i/E, Agency: 177,2r /lc/ Date: ,2 /. —4 O Wc!d Counts Planing 920374 • l1 DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C. COLORADO May 14, 1992 CASE NUMBER: USR-970 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Mary Haberkon for a Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25. 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 May 28, 1992, 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. lk 1. / We have reviewed this request and find that it ajlovry /Auk fior' docc/dodo net) cemply- i°Four Comprehensiv& Plan fot tl.e 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. `,try /S k".4.45- n.th4 r.L 0117— ov�S�d2 �w»'u-�� fir got 4. A formal recommendation is under consideration la d wi submitted to you prior to: 5. cwt° the enclosed leSied: Agency:D 920974 DEPARTMENT OF PLANNING SERVICES \. PHONE(303)3564000,EXT.4400 PM STREET 111 6 , MAY 2;19-9-2 1992 1 COLORADO Weld County Planning May 14, 1992 CASE NUMBER: USR-970 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Mary Haberkon for a Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 22, TIN, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25. 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 May 28, 1992, 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. 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: >,.7ti{i �9c-ri/ F Agency: Boulder Valley Soil Conservation Date: May 28.'/ 1992 District 320374 • �1 -E1VED MAY 1 4 1992 of sr 4. 04cfit: DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C , COLORADO May 14, 1992 CASE NUMBER: USR-970 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Mary Haberkon for a Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25. 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 May 28, 1992, 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, e fer to the enclosed letter. Signed: ,1 Agency: — e Date: 5(!6(gz NAY ' u 1992 CJ A 77 Weld County Planning 920974 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 {} 915 10th STREET V GREELEY,COLORADO 80631 O NAY 2 0 1992 pECE!Illi V� C• Weld fah Plana MAY 1 S Fool COLORADO �' cow. &ca May 14, 1992 CASE NUMBER: USR-9TO'r 0NS.00MM TO WHOM IT MAY CONCERN: Enclosed is an application from William and Mary Haberkon for a Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld County Road 6 and approximately 1/4 mile west of 1-25. 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 May 28, 1992, 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: 37/S 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. /APleasse Ake refer to the enclosed letter. /� Signed: �i &K. Agency: L e 0A5 (.ON-5, co,, Date: S-/8-92 9r0D74 tio0-..:art;)„, DEPARTMENT OF PLANNING SERVICES PHONE(303)35&4000.EXT.4400 C 5 91510th STREET 11111 €0 u GREELEY,COLORADO80631 MAY 2 0 1992 Wcld Counr�Planning COLORADO May 14, 1992 CASE NUMBER: USR-970 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Mary Haberkon for a Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25. 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 May 28, 1992, 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. 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. Panhandle Eastern Pipe Line Co. Signed: ir.r.�/ -77:L.,—/—012,1Agency: Date: 4-19- 920974 it tir7z4,11\fir 11 DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 viikD y 91510th STREET GREELEY, 0019,10611r Li MAY 10 19°2 MAY 2 C 1992 COLORADO CITY OF NORThGLE1 '. r . Weld County Planning May 14, 1992 CASE NUMBER: USR-970 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Mary Haberkon for a Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25.. 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 May 28, 1992, 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. V 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. t ` Signed: l Agency: C/ / e</ /42,44,/i..n Date: ?..-t./97 ! 920074 tIpy 1 5 t992 rTh4410114 DEPARTMENT OF PLAN S RVICES 915 t REET ' I I MAT 5S'r'193! 80631 Cail]Mk!uc2 t1 Manning COLORADO May 14, 1992 CASE NUMBER: USR-970 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Mary Haberkon for a Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25 . 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 May 28, 1992, 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. 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. Pr}ease ref ' " 'he enclosed letter. Signed: -/V/f Agency: Town of Erie Date: Sfrot79� 920374 trytAnittri Pge-i oe coto . ---- 1—On 4it� 9 '.. )1 H S O A ROY R. ROMER * ��° n * 11W1 J(71'IN•G0VERN0R * JUN nY 199/IR787G * 7 � �COLORADO GGEOLOGICALARTMENT OF NATURAL SURVESe1dCo�sntyRla!snpnp 715 STATE CENTENNIAL BUILDING— 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303) 866-2611 June 16, 1992 WE-92-0010 WE-92-0011 Mr. Brian Grubb, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: 3733 Weld County Road 6 (Haberkon Excavating) and Neal Woodworking, Inc. (dba Frank' s Woodworking) vic. I-25 Frontage Road East Dear Mr. Grubb: At your request, we have reviewed the materials submitted for and made field inspections on June 11, 1992 , of the sites of the existing industrial land uses indicated above. In each case, the changes that are proposed are so straightforward and geologic conditions in the vicinity so non problemetical for them that a engineering-geologic site assessment is not, in our opinion, warranted. S ' cerely,,fin, b ames M. Soule ngineering Geologist GEOLOGY STORY OF THE PAST... KEY TO THE FUTURE 920274 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD , I i, +k '-41≤-an , of said County of Weld,being duly sworn,say that I am publisher of NOTICE Of PUBLIC HEARING WINDSOR BEACON TIM Weld Caney PiaMOM Ca■mladen will held • pore haring on Tuesday,July a weekly newspaper having a general circulation in said tan, at 1:90 p.m. for tie County and State, published in the town of WINDSOR, purpose of considering ■ lie Specific Davelopmer Plan in said County and State; and that the notice, of which Wit SpadelRa4eW permitter the annexed is a true copy, has been published in said the vat de request�~- weekly for_/ successive weeks, that the notice Auroral the rxay atear a vested property rlMhl was published in the regular and entire issue of every pmmhsen m Colorado law. number of the paper during the period and time of AP rkon : WNamtt are MiryNaeerkon publication, and in the newspaper proper and not in a LEGAL DESCRIPTION:Pan at supplement, and that the first publication of said notice the SE4 of Section 22. TIN, was in said paper bearing the date of the MW of 1M S1h PAM., VMS Candy,Colorado. TYPE AND INTENSITY OF LI day of , A.D., 19f7- and PROPOSED USE: ExcavaN•E the last publication bearin the date of the business In the A(Agricultural, zone dlara. LOCATION: North of and day of , A.D., 19_ and a en1to Weld 1/4 County Road p that the said WINDSOR BEACON has been published ad approximately 1/4 mile west a IOS continuously and uninterruptedly for the period of 5 ME:II acres.more or less consecutive weeks,in said County and State, prior to the The public hearing ell be held in the weld County Commissioner date of first publication of said notice, and the same is a Hsiang Room,First Floor.Wild newspaper within the meaning of an Act to regulate amity Centennial Center,0+6 printing of legal notices and a ertisements, approved Torah sires,creasy.coats printing 18, 1931 nd all prior s far sin force. Cenevene or objections related a�' le Ilse above request should be etYNped in writing to the Weld Canty Department of Plantar Services, 915 Tenth Street. Room 942, Greeley. Colorado P USHER 0001,before the doom date m erellented J61y 7. at the public hearingSubscribed and sworn to before me this 3rd day CapY1t of ol theh2. alplketbn ere of 19 �f� yaks for public insertion hi , (� the Department of Plane,' �� <�� ✓ c'? � Sordoni.oni. Room 342. Weld C am,31 Centenaal Ceram NOTARY PUB I Tat Street.Greeley,Coloreds 000111 - Phone • 354-4030, '/ Eatatnldn 4400. My commission expires sLv� '•L�f� / r1 9 4 • Bud Cleranrse,Claims wad awry Planate Commheies H M published in the Winder eaamn. T.M ph101Wd'ell Marie M Jue t,100 Publehd ldey 21.190E a tae Maser emcee t, I f 4(� i1\�� JUN 1992 9Perrk 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-970 for William and Mary Haberkon in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. This 18th day of May, 1992. A 920974 ref\f-tri4r, DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EST.4400 91510th STREET' GREELEY,COLORADO 80631 COLORADO May 18, 1992 MO: SURROUNDING PROPERTY OWNERS CASE NUMBER: USR-970 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, July 7, 1992, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: William and Mary Haberkon FOR: A Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 6 and approximately 1/4 mile west of 1-25. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Brian A. Grubb, Current Planner. SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/INTEREST OWNERS William and Mary Haberkon USR-970 George and Betty Bain 3754 WCR 6 Erie, CO 80516 Roland and Ruth Ann Fahrenbruch 3654 WCR 6 Erie, CO 80516 John Stipanovich 1767 I-25 Frontage Rd. Erie, CO 80516 Mary Baker 3423 WCR 6 Erie, CO 80516 George Vogl 9729 WCR 24 Ft. Lupton, CO 80621 Richard and Sherrill Feaster 21 Brookside Drive Littleton, CO 80121 Robert and Karen Lovewell 3693 WCR 6 Erie, CO 80516 Marvin Snyder 3843 WCR 6 Erie, CO 80516 Dale L. Tinkle 3883 WCR 6 Erie, CO 80516 9203 tio4.4. 6 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET ' GREELEY,COLORADO 80631 C COLORADO May 14, 1992 William and Mary Haberkon 3733 Weld County Road 6 Erie, CO 8O516 Subject: USR-97O - Request for a Site Specific Development Plan and a Special Review permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) zone district on a parcel of land described as part of the SE4 of Section 22, TIN, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Haberkon: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for July 7 , 1992, 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 recommend d th Planning Comat you misr a sion members representative be in attendance to answer any que members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commissions for their review and comments: Broomfield, Kirk Oglesby at 469-3301; Dacono, Nancy Elliott at 833-2317 ; Erie, Scott Hahn at 665-3555; Northglenn, Jerome Starling at 45O-8743; and Thornton, David Callahan at 538-7295. Please call for further details regarding the date, time , and place of these meetings. It is recommended that you and/or a representative be in attendance at the Planning Commission Meetings 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 1O days preceding the hearing date. Sometime prior to June 25, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than June 26, 1992. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 920374 William and Mary Haberkon May 14, 1992 USR-970 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully,t 1{ Brian A. Grubb Current Planner BAG/sfr 920374 ______ Moccit,' DEPARTMENT OF PLANNING SERVICES PHONE(303)368000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 Ville COLORADO CASE NUMBER: USR-970 May 14, 1992 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Mary Haberkon for a Site Specific Development Plan and a Special Review permit for the zon district. expansiona parcelnonconforming of use (excavating business) in the A (Agricultural) land is described as part of the SE4 of Section 22, T1N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld County Road 6 and approximately 1/4 mile west of I-25. 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 May 28, 1992, 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: ((��y ��jj ��jj}5�� 5. Please refer to the enclosed letter. U 1��L?WN. �xc6992 ' Agency: City of Dacon[I JUL 1 3 1992 SignejJul 0 L Date: y 7 . 1992 9 z Weld Count/Ph-6m 920374 D T TO ND VISIBLE M LICLY INED WTHE GN SHAL BE AY.SIIN THELEVENTPTHEEPROPERTYNUNDERACONSIDERATIONOISANOTBADJACENTITOAA PUBLIICLYRIGHT-OF- MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE POST A SECOND SIGN AT THE POINT RIGHT-OF-WAY. AT WHICH THE DRIVEWAY (ACCESS MAINTAINED ROAD RIGHT-OF WAY PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS _ 97� THE BEFORE THE PLANNING COMMISSION HEARING FOR CASE # /' 1 SIGN WAS POSTED BY: _ AME OF PE ON POSTING SIGN JUl 0 9 1992 �� ' �� SIGNATURE PPLICANT Weld County planning � STATE OF COLORADO ) ss. COUNTY OF WELD ) n SUBSCRIBED AND SWORN TO ME THIS n4- DAY OF -10, , 19 `� SEAL i / NO PUBLIC MY COMMISSION EXPIRES /47C 19 LAST DAY TO POST SIGN IS: PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 920374 Hello