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Home My WebLink About930565.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (WEDDINGS AND SIMILAR CEREMONIES) IN THE A (AGRICULTURAL) ZONE DISTRICT - CONSTANCE SHAW AND JAMES WRIGHT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 30th day of June, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Constance Shaw and James Wright, 21653 Weld County Road 13, Berthoud, Colorado 80513, for a Site Specific Development Plan and Special Review Permit for a home business (weddings and similar ceremonies) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NE* of Section 13, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Constance Shaw, applicant, was present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The Town of Johnstown found no conflicts with its interests. b. The proposal is consistent with the intent of the Agricultural Zone District and, as a home business, is provided for as a Use by Special Review. c. The uses which would be permitted will be compatible with the existing surrounding land uses which include rural residences, oil and gas production, cropland, the Big Thompson River, an ensilage pit, and an irrigation ditch. The proposal will be compatible with the future development of the surrounding area as projected by the Town of Johnstown. PL0916 930565 P4-04/(c 7/2(//-/2,), r_ , t /2 SPECIAL REVIEW PERMIT - SHAW AND WRIGHT PAGE 2 d. The applicant has demonstrated an effort has been made to conserve productive agricultural land in the locational decision for the proposed use. e. The Flood Hazard Overlay District affects the southern portion of this site. No other overlay district affects 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 a home business (weddings and similar ceremonies) 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of June, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: . , /" WEL COUNTY, COLORADO Weld County Clerk to the Board �„lyy,L :0„i ..c.Y .c..±— Constance L. Harbert, Chairman BY: / Ix M 1<) Q4, Deputy Clerk to the B rd W. H. ebster, Pro- em l 4- APPROuI2 A TO FORM:/ w g rge Baxter unty�Attorn y -2_- L._. ---Dale K. Hall Barbara J. Kirkmeye 930565 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CONSTANCE SHAW AND JAMES WRIGHT USA #1016 1. The Site Specific Development Plan and Special Review Permit is for a home business (weddings and similar ceremonies) in the A (Agricultural) Zone District limited to 40 guests 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. There shall be no parking allowed within the Weld County Road 13 right-of-way; however, overflow parking may utilize the on-site access road between Weld County Road 13 and the on-site parking lot. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. Wood shavings, sawdust, and waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. The maximum permissible noise level shall not exceed the residential limit of 55 dB(a) , as measured according to 15-12-102, Colorado Revised Statutes. 8. Adequate toilet facilities shall be provided for the public. Portable toilets are not approved facilities. 9. An individual sewage disposal system is required for the proposed facility, and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. If the system is sited in the floodplain, it is required to be designed by a Professional Engineer, licensed in the State of Colorado. 10. The facility shall utilize the existing water supply. 11. An Individual Sewage Disposal System Permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 12. Any proposal for food service shall require additional review in accordance with the Colorado Food Service Regulations through the Weld County Health Department. 13. A Flood Hazard Development Permit will be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. 930565 DEVELOPMENT STANDARDS - SHAW AND WRIGHT PAGE 2 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 18. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 19. 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. 930565 HEARING CERTIFICATION DOCKET NO. 93-43 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (WEDDINGS AND SIMILAR CEREMONIES) IN THE A (AGRICULTURAL) ZONE DISTRICT - CONSTANCE SHAW AND JAMES WRIGHT A public hearing was conducted on June 30, 1993 at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Greg Thompson The following business was transacted: I hereby certify that pursuant to a notice dated June 7, 1993, and duly published June 17, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Constance Shaw and James Wright for a Site Specific Development Plan and Special Review Permit for a home business (weddings and similar ceremonies) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Greg Thompson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Constance Shaw, applicant, was present and stated there is a need for this type of service in the area. She said their facility will have a gazebo for outdoor weddings. In response to a question from Commissioner Kirkmeyer, Ms. Shaw said all Conditions of Approval and Development Standards are agreeable. (Changed to Tape #93-23. ) Ms. Shaw confirmed the sign concerning the blind drive was installed, as per the Weld County Road and Bridge Department's recommendation. There was no public testimony offered concerning this matter. Commissioner Kirkmeyer moved to approve the request of Constance Shaw and James Wright for a Site Specific Development Plan and Special Review Permit for a home business (weddings and similar ceremonies) in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Webster, and it carried unanimously. This Certification was approved on the 7th day of July, 1993. APPROVED: ATTEST: J✓/ /A�^/� //� BOARD OF COUNTY COMMISSIONERS .//Let WE COUNTY, COLORADO Weld Co my Clerk to the Board By: ` Constance L. rbert, Chairman Deputy Cler o the Bo W. ebster, ;To-Tem TAPE #93-22 and #93-23 C/ 7 urge Baxte DOCKET #93-43 Dal K. Hal PL0916 arbara J. Kirkmeyei 930565 cc : ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 30th DAY OF June 1993: DOCKET 9 93-38 - Amended PUD Plan, Del Camino Center Partnership, et al. , c/o Kanemoto DOCKET 41 93-43 - Special Review Permit, Shaw and Wright DOCKET 4! 93-42 - Change of Zone, Weld County BOCC DOCKET II PLEASE write or print your name legibly, your address and the DOCKET 9 (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING i-- 139Ii Now 7-o7 S. 41/hw tc 4a(IT Persv/ q-3 . 57 p''' l,1 1 '71,10 e. 12,,..-srC 1 Fl r e r a 3!) 1jw, biz.g LA.a i 1&ZI IV 5i -1312-t..V-C✓ 6: K‘i2L ._ .13 - 3,p C1l7AIAiJ.r .SI 1A k) --Ili. idCA) 13 Q-1_lr. w) crow 3 r/33-yj � rM.�/ c�/so `t:3O iO. (?. IC. acv ldni; .o,.9Ni, C�) 60 o.-/ '�', c '7 ‘ /e -# .Qd/Not"T I (b eMSbi 2 - . 56 % C> ) 2-- Lc}n j. y!{ti ro ° `f \ iv„5nl / n0 /Cie 1(P`73 toee // 2,6;nib,oh/ en i]c 0y0v c - 09r . gti,S4 G). C R. ,706 L n/i9atnoA (Co (Fc7SC'`/ AA FMF.✓ aNr ' 879 bJCR 2`1 X1 { 0 e, low ,- C`O A0-0 / C_r__:. __vLcuuarc C c Aiacart aid , Rruifl-,v Co So /Zti4-=p 7y S ti, Jl . icingJStok- /104.° . Sfo so -city Y 930565 NOT I C E The Board of County Commissioners of Weld County, Colorado, on June 30, 1993, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Constance Shaw and James Wright 21653 Weld County Road 13 Berthoud, Colorado 80513 LEGAL DESCRIPTION: Part of the NE* of Section 13, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A home business (weddings and similar ceremonies) in the A (Agricultural) Zone District SIZE OF PARCEL: 34 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: _ C� eputy C erk to the Board PUBLISHED: July 8, 1993, in the Windsor Beacon 930565 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KEITH HANSEN, of said County of Weld, being duly sworn,say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said Deskpmara Plan and its and conditions of County and State, published in the town of WINDSOR, Spe0t Review Pak approval will result in a in said County and State; and that the notice, of which for the property and forfeiture of the vested purpose described property tight. the annexed is a true copy, has been published in said below. Conditional weekly for__successive weeks, that the notice approval of this plan BOARD OF COUNTY was published in the regular and entire issue of every creates a vested COMMISSIONERS, number of the paper during the period and time of property right pursuant WELD COUNTY, publication, and in the newspaper proper and not in a to Adide 68 of Tide 24, COLORADO C.R.S., as amended, supplement, and that the first publication of said notice for a period of three BY: DONALD D. was in said paper bearing the date of the yearn. WARDEN,CLERK TO APPLICANT : THE BOARD eL day of 't5e , A.D., 19qL and Constance Shaw and BY: SHELLY K. the last publication arin3 the date of the James Wright, 21653 MILLER, Deputy Clerk Weld County Road 13, to the Board - day of , A.D., 19_ and Berthoud, Colorado 5 that the said WINDSOR BEACON has been published 81.' Published in tit• L_ ., _ winber/siweolt continuously and uninterruptedly for the period of 5 LEGAL DESORIPADN: ASLlIIS. consecutive weeks,in said County and State,prior to the Part of the NEIM of date of first publication of said notice, and the same is a Section 13,TownshipSSWOW newspaper within the meaning of an Act to regulate North,the Range.P.M.,Wild printing of legal notices an advertisements, approved County.Colorado May 18, 1931,and all prior cts ar as in force. • TYPE AND INTENSITY OF / OF home APPROVED USE:: A home business f / (weddings and similar ° . P LISHER NOTICE ceremonies) in the A (Agricultural) Zone The Board of County District Subscrib✓!d and sworn to before me this L_ day Commissioners of Weld of �Ai-c�j 19 %� County, Colorado, on SIZE OF PARCEL:34 u (( , June 30, Y more or lase A2 ato -- conditionally a NOTARY PUBLIC a Speak Spek Skin to abide by the Q /,, My commission expires Yvn . , /1 1.0 930565 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # 9...:3 - ."/.<3 THE SIGN WAS POSTED BY: Co ,/s n-AvGc, 73, O174914) NAME OF PERSON POSTING SIGN SIGNATURE OF APPLICANT STATE OF COLORADO ) ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS 3 O DAY OF r('-- , 19 . SEAL 77 / /7 NOTARY PUBLIC MY COMMISSION EXPIRES MY COMMISSION EXPIRES JUNE 8, 1994 J LAST DAY TO POST SIGN IS: J JI^'-' 2-12 , 19 J' PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 930565 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 93-43 APPLICANT Constance Shaw and James Wright 21653 Weld County Road 13 Berthoud, Colorado 80513 DATE: June 30, 1993 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for a home business (weddings and similar ceremonies) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the NE* of Section 13, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles southwest of the Town of Johnstown BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: June 7, 1993 PUBLISHED: June 17, 1993, in the Windsor Beacon rzh ihi 71 .1) 930565 AFFIDAVIT OF PUBLICATION STATE OF COLORADO nano. DOCKET NO:SO ss COUNTY OF WELD purewnt le fM away A P P L I C A N,T : laws of the State of Constance Shaw and Colorado and the weld James Wright,21663 I, KEITH HANSEN, of said County of Weld, being duly County Zoning Weld County Road 13, sworn, say that I am publisher of Ordinance, a public Berthoud, Colorado hewing will he fold in 80513 WINDSOR BEACON the Chambers of the Board of County DATE:June 30,1093 Commissioners of Weld a weekly newspaper having a general circulation in said Coumy,Cabrado,weld TIME:10.00 ran. County and State, published in the town of WINDSOR, County CenCentennialCenterter, 915 WS REQUEST: A Site in said County and State; and that the notice, of which Street, First Flew, DPAtte Development the annexed is a true copy, has been published in said Greeley,Colorado,Al Wen and Special weekly for / _successive weeks, that the notice the Ante apetlged..A2 Revier Penal tor a was published in the regular and entire issue of every pima Interested i any s CuhwillIninr aw leMar number of the paper during the period and time of apeaM3 Den!____tt ase•heniesl kt the.A publication, and in the newspaper proper and not in a Plan and Spews tACrlwtturap Zeno supplement, and that the first publication of said notice Review Permit in ram* was in said paper bearing the date of the ripened to attend and may.herd. - - LDYAL DESCNPnoN: / q Pin of P• the NE1/4 of I/ day of .e , A.D., 19 and ass the ap, ant et a 13,Twef t the last publication earing the date of the any Interested piny *NA Range N Wee dose the el iM Sih P.M.,Weld a nun wean. Oaeel.Colorride day of A.D., 19_ and wake a record of Oho that the said WINDSOR BEACON has been published LOCATION Isweesedinea intaped addWrr continuously and uninterruptedly for the period of 5 to IM taped MOON AWawldmatf d 2 dies wish will be IWO serA•est of IS Town consecutive weeks,in said County and State, prior to the ONAthe liatim own date of first publication of said notice, and the same is a to the newspaper within the meaning of an Act to regulate Case oho co mama BOARD OF COUNTY printing of legal notices an advertisements, approved in sang of swat Si y. a AWED COMMISSIONERS May 18, 1931,and all prior is r as in force. idle nee ea days plyr CCICi IADO to We hearing. Woe cost of engaging • W: DI$W.D 0. court reporter sAM.M WARDEN, WELD Pantoay the COUNTY CLERIC TO P LISHER ARE BOARD BE IT ALSO KNOWN Std5 worn to before me this Z-9 day that theeenm Do Linda M. o ,...c.- 19_11byae mered Are Weld tl:nege,NFU),as*b ' County Plannin¢ _ p � 2Y�. A exCamined k n may be DATE June T NOTARY PUBLIC of the ed in the office 1993 of Clerk to the n / Board s County PubRrrl,: la My commission expires +cx-y 2- , / 99.E;• Bo rd saloners, ' - located in the Weld 'MINIS Deellee en County Centennial Jutt•t3,aW2. Center, 915 10th — - Street, Third Fiwt; Greeley,OehrMs. 930565 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-43, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this /0141 day of yn Lit aJ , 1993. Deputy Clerk tard Rick L. and Carol L. Podtburg Virgil and Brenda J. Podtburg 6245 Highway 60 Johnstown, CO 80534 Roger R. and Marjie J. Lee 6925 S. Pennsylvania Street Littleton, CO 80122 Keith M. and Linda R. Russell 21419 Weld County Road 13 Berthoud, CO 80513 Virginia R. and Robert P. Starck 21746 Weld County Road 13 Berthoud, CO 80513 Farm Oil, Inc. 100 Racquette Drive Fort Collins, CO 80524 Constance B. Shaw and James D. Wright 21653 Weld County Road 13 Berthoud, CO 80513 930565 DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE O GREELEY, COLORADO 80631 • COLORADO June 4, 1993 Constance•Shaw and James Wright 21653 Weld County Road 13 Berthoud, CO 80513 Subject: Proposed Signage Dear Ms. Shaw and Mr. Wright: Jim, I wanted to follow up on our conversation from yesterday concerning the signage for your proposed special review permit which was discussed during the Planning Commission meeting on Tuesday. A county sign placed on the Weld County Road right-of-way indicating a blind drive ahead, or something similar, would need to be discussed with Mark Street, who works in the Weld County Engineering offices located. in Johnstown. His number is 587-4508. The best times to reach him are 6:30 - 7:30 a.m. , and 3:00 - 3:30 p.m. It is likely he will come out and inspect your site to determine if a sign is appropriate. During the Planning Commission meeting you also discussed the possibility of placing a sign upon your property to indicate the blind drive to people who would use the wedding facility. As I mentioned yesterday, any on-site sign would need to be within your property lines, outside of the Weld County Road 13 right-of- way. Also, the sign itself may not be more than 16 square feet in size. I would be interested in what Mr. Street decides on a sign. If you would let me know what his decision is, I would appreciate it. If I can be of further assistance, call or write. Thanks! 'S�}i�ynJ],c_e��rJel("/may Greg Thompson Current Planner GT/sfr 930565 MEMORAnDU Shelly Miller, Clerk to Board June 17, 1993 To Date Greg Thompson, Current Planner 1-- CO O LORAD From C� USR-1016 Subject: Would you include this letter concerning proposed signage in the case file for USR-10167 I don' t believe it was included in the original inventory of items. The issue of signage came up at the Planning Commission Hearing and was addressed by the applicant and myself after the Planning Commission Meeting. Thanks! Enclosures ) 930565 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING June 1, 1993 A regular meeting of the Weld County Planning Commission was held on June 1, 1993, in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Chairperson, Judy Yamaguchi, at 1:30 p.m. Tape 438 Roll Call Richard Kimmel Absent Jean Hoffman Present Tom Rulon - Present Bill O'Hare Absent Judy Yamaguchi Present Juliette Kroekel Present Don Feldhaus Present Shirley Camenisch Absent Bud Clemons Present Also present: Lanell Adler, Current Planner; Greg Thompson, Current Planner; Lee • Morrison, Assistant County Attorney; Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission, held on May 18, 1993, was approved, as corrected. CASE NUMBER: USR-1016 APPLICANT: Constance Shaw and James Wright REQUEST: A Site Specific Development Plan and a Special Review permit for a home business (weddings and similar ceremonies) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of the Town of Johnstown. Connie Shaw, applicant, explained they want to operate a home wedding business on their farm known as "Harmony Farm" . Weddings will take place in an outdoor setting under a gazebo. There will be no receptions following the wedding ceremonies so food or alcohol will not be permitted. The property can accommodate 40 people but they would prefer not to maximize. Parking is available for 20 vehicles. They will provide a sign in the driveway on the property warning of a blind access and will hold discussions with Weld County Engineering regarding sign posting on the highway. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. D 4, I 0(1 1C1'6 txh/ // 930565 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION HEARING June 1, 1993 Page 2 Jean Hoffman moved Case Number USR-1016, Constance Shaw and James Wright, be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Motion seconded by Tom Rulon. The Chairperson asked the secretary to poll the members of the Planning commission for their decision. Jean Hoffman - yes; Tom Rulon - yes; Judy Yamaguchi - yes; Juliette Kroekel - yes; Don Feldhaus - yes; Bud Clemons - yes. Motion carried unanimously. CASE NUMBER: Z-478 APPLICANT: Weld County Board of County Commissioners REQUEST: A Change of Zone from R-1 (Low Density Residential) to E (Estate) LEGAL DESCRIPTION: Part of Section 3, T4N, R66W and part of Section 34, T5N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: 1-1/2 mile south of the City of Greeley. Greg Thompson, explained this change of zone was prompted by a petition of people who live in this area. The properties were originally zoned Estate in 1972, then rezoned to R-1 in 1981, when Estate zoning was revoked by the County Commissioners. The zoning in this area is faulty and the property owners would like to see the original zoning introduced. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. Julie Ouska, surrounding property owner, supports the zoning change. The change will be more consistent with the present uses in Dos Rios Subdivision. Don Feldhaus moved Case Number Z-478, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Juliette Kroekel seconded the motion. CASE NUMBER: Z-477 APPLICANT: Weld County Board of County Commissioners REQUEST: A Change of Zone from R-1 (Low Density Residential) to A (Agricultural) . LEGAL DESCRIPTION: Part of the N2 of Section 15, part of the SW4 of Section 10, and part of the NE4 of Section 16, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles east of the City of Greeley. 930565 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jean Hoffman that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1016 NAME: Constance Shaw and James Wright REQUEST: A Site Specific Development Plan and a Special Review permit few a home business (weddings and similar ceremonies) in the, A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of the Town of Johnstown. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The Town of Johnstown found no conflicts with its interests. The proposal is consistent with the intent of the Agricultural zone district and, as a home business, is provided for as a use by special review. The uses which would be permitted will be compatible with the existing surrounding land uses which include rural residences, oil and gas production, cropland, the Big Thompson River, an ensilage pit, and an irrigation ditch. The proposal will be compatible with the future development of the surrounding area as projected by the Town of Johnstown. EXh//9/ P.C 6 9/6 930565 RESOLUTION, USR-1016 Constance Shaw and James Wright Page 2 The applicant has demonstrated an effort has been made to conserve productive agricultural land in the locational decision for the proposed use. The Flood Hazard Overlay District affects the southern portion of this site. No other overlay district affects 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. Motion seconded by Tom Rulon. VOTE: For Passage Against Passage Jean Hoffman Tom Rulon Judy Yamaguchi Juliette Kroekel Don Feldhaus Bud Clemons 930565 RESOLUTION, USR-1016 Constance Shaw and James Wright Page 3 The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on June 1, 1993. Dated the 1st of June, 1993. 01001-10a)0 ShaynRuff Secretary 930565 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Constance Shaw and James Wright USR-1016 1. The Site Specific Development Plan and Special Review permit is for a home business (weddings and similar ceremonies) in the A (Agricultural) zone district limited to 40 guests 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. There shall be no parking allowed within the Weld County Road 13 right-of- way; however, overflow parking may utilize the on-site access road between Weld County Road 13 and the on-site parking lot. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. Wood shavings, sawdust, and waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. The maximum permissible noise level shall not exceed the residential limit of 55 dB(a) , as measured according to 15-12-102, Colorado Revised Statutes. 8. Adequate toilet facilities shall be provided for the public. Portable toilets are not approved facilities. 9. An individual sewage disposal system is required for the proposed facility and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. If the system is sited in the floodplain, it is required to be designed by a Professional Engineer, licensed in the State of Colorado. 10. The facility shall utilize the existing water supply. 11. An Individual Sewage Disposal System permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 930565 DEVELOPMENT STANDARDS, USR-1016 Constance Shaw and James Wright Page 2 12. Any proposal for food service shall require additional review in accordance with the Colorado Food Service Regulations through the Weld County Health Department. 13. A Flood Hazard Development permit will be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 18. 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. 19. 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. 930565 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Constance Shaw and James Wright Case Number: USR-1016 Submitted or Prepared Prior to Hearing At Hearing 1. Application 8 pages X 2. 1 Application plat and maps 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. Planning Commission Resolution of Recommendation X 12. Land Use Application Summary Sheet X 13. Planning Commission member Field Check X 14. Referral dated May 5, 1993, from Weld County X Health Department 15. Referral dated May 13, 1993, from Weld County X Engineering Department 16. Referral dated May 4, 1993, from Town of X Johnstown 17. Referral dated May 18, 1993, from Johnstown X Fire Protection District 18. Internal Case Memorandum, dated May 17, 1993, X concerning Big Thompson Soil Conservation District referral 19. Planning Commission Sign Posting Certificate X I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on June 4, 1993. /Alt-- Current P anne STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS T1 "* day of s,10,119......s,10,119...... 19 '1n 5. , ; E f .oo`d SEAL - v ` > J O y • ( • '•• Q..14.4, NOT PUBLIC My Commissidt4cpireP f ttoml.A)- q T3 . xhb/ 930565 ! EXHIBIT INVENTORY CUN'1RUL SIrEL'1' Case u - /D/fo e. Exhibit Submitted By Exhibit Description 6AZ A. A2awne y. � � -1 'fits ,,41 //lei 5/�i72.C-ttreL '/9 E. /74/7/1//9/ L 7fl2/5 iT71 6,soLu Li 16 ,4"17 r//Ia/ n lX/ C. 72C4I��7i.�/q�7�7/y'1� 4�i07% � n�is'IQr el 2rrny J � f D. &Ir/ 74 7, .6eaa A - e)/ l ellr1/?!1 72 /qp,,a 6k E. Qiey Tiu yl-1 SG�? , ,/4/7/7e,/^ r'a S cr. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. • Z. 9301365 Date: June 1, 1993 CASE NUMBER: USR-1016 NAME: Constance Shaw and James Wright REQUEST: A Site Specific Development Plan and a Special Review permit for a home business (weddings and similar ceremonies) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of the Town of Johnstown. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The Town of Johnstown found no conflicts with its interests. The proposal is consistent with the intent of the Agricultural zone district and, as a home business, is provided for as a use by special review. The uses which would be permitted will be compatible with the existing surrounding land uses which include rural residences, oil and gas production, cropland, the Big Thompson River, an ensilage pit, and an irrigation ditch. The proposal will be compatible with the future development of the surrounding area as projected by the Town of Johnstown. - The applicant has demonstrated an effort has been made to conserve productive agricultural land in the locational decision for the proposed use. The Flood Hazard Overlay District affects the southern portion of this site. No other overlay district affects the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and county. 930565 RECOMMENDATION, USR-1016 Constance Shaw and James Wright Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 930365 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Constance Shaw and James Wright USR-1016 1. The Site Specific Development Plan and Special Review permit is for a home business (weddings and similar ceremonies) in the A (Agricultural) zone district limited to 40 guests 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. There shall be no parking allowed within the Weld County Road 13 right-of- way; however, overflow parking may utilize the on-site access road between Weld County Road 13 and the on-site parking lot. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. Wood shavings, sawdust, and waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. The maximum permissible noise level shall not exceed the residential limit of 55 dB(a) , as measured according to 15-12-102, Colorado Revised Statutes. 8. Adequate toilet facilities shall be provided for the public. Portable toilets are not approved facilities. 9. An individual sewage disposal system is required for the proposed facility and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. If the system is sited in the floodplain, it is required to be designed by a Professional Engineer, licensed in the State of Colorado. 10. The facility shall utilize the existing water supply. 11. An Individual Sewage Disposal System permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 930565 DEVELOPMENT STANDARDS, USR-1016 Constance Shaw and James Wright Page 2 12. Any proposal for food service shall require additional review in accordance with the Colorado Food Service Regulations through the Weld County Health Department. 13. A Flood Hazard Development permit will be required for any new construction or the substantial improvement of existing structures in the Floodway or Floodprone Districts located on the property. 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 18. 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. 19. 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. 930565 LAND-USE APPLICATION SUMMARY SHEET Date: May 24, 1993 CASE NUMBER: USR-1016 NAME: Constance Shaw and James Wright ADDRESS: 21653 Weld County Road 13, Berthoud, CO 80513 REQUEST: A Site Specific Development Plan and a Special Review permit for a home business in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of the Town of Johnstown. SIZE OF PARCEL: 34 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from: 1. Weld County Health Department 2. Weld County Engineering Department 3. Johnstown Fire Protection District F-8 4. The Town of Johnstown Verbal referral responses have been received from: 1. Big Thompson Soil Conservation District 2. Weld County Building Inspection Department No referral responses have been received from: 1. Hillsboro Ditch The Department of Planning Services' staff has not received any objections from surrounding property owners. 930565 Illialk • .0 fen ' 34 l• 3 1 •50 . roxro.,wr I E " 5f O�It 9 I IMII, ` i P I ,o Corr Ion •, „xi elemI _ 1 Z 1 i,'.Tl�r. ® Q�xrvYwMi IL- 'MS! a ►t?I'M ea��«'li� � •� I 'MS! Na-I'M Ma16fN it ' 'a Tr U N• • . .n I t 1. it I ./Y /Y I Illtim, ims.T4N? ▪ •EsO• °\•! 1 10 fly , 7 ' I: •1 i• ps E—I cr r oh m i.. r wstde" I. al 40ail � P. a •_ 1. .:°uri / f I•• • it •GNEp1! + \uI • • •JII1ttW1 34 %t_I MEAD • ... • , S / i is • •I I "V . 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S • .Y 'ia .Y tf R . +' P. { R 7,4 cu 1 V , USE BY SPECIAL REVIEW APPLICATION 4PR 2 1 !993 . ll� M U Department of Planning Services, 915 Tenth Street, Greeley, Colorado 806Pi,h,,in Phone - 356-4000, I - Ext. 4400 Case Number U5t- !Of to Date Received Application Checked by Or Mylar plat submitted Application Fee Air). 1)r) Receipt Number ./19,/,'4,j9 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: iI LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: 1M 7'j SOOTII-46/brai IAILLSBOIVI DITCH Section 13 T N, R (m$ W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) 21( 53 1Y-172 i Bail-woo, (6 $6513 PRESENT ZONE f} J C t j 7 j]2geyEQVERLAY ZONES N1:34 IF" en/ Sr°a r TOTAL ACREAGE 3 tio PROPOSED LAND USE WapnJIJ6 LyHZE,c3O EXISTING LAND USE f=4f'`i°'i SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: p��J Name: aliHiF>6 O t,13itl4zNi c CL* si.4Da SI S1h4co Address: 21653 DC.p,. lb City jjie2rweoD CO Zip 6,413 Home Telephone # 561-.52-(70 Business Telephone jl j-460 -5036 Name: Address: City Zip Home Telephone # Business Telephone # _ APPLICANT OR AUTHORIZED AGENT flf different than above) : Name: Address: City Zip Home Telephone j/ Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: 141&I1oiLtt �C,II IPC, Address: iACOL n 7 City Zip ZcaSly. Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature: or Authorize Agent C Subscribed and sworn to before me thisolnlCa, day of AA 12 191_,., rLaS 2i Rri/o'AAP.a NOT AFI�I PUBLIC 1 C My cc nissicn expires My s `'.'" '; 21, 19:i ' 9n0.`e 'rr 3J HARMONY FARM 21653 Weld County Road 13 Berthoud, Colorado 80513 USA (303) 587-5260 Greg Thompson Weld County Planning Office 915 10th St. Greeley, CO 80631 April 19, 1993 Dear Greg, This is the cover letter for our Special Use Permit Application for our project: a Wedding Gazebo at Harmony Farm, 3 miles SW of Johnstown. Our project is very simple and straight-forward, namely, to hold small weddings of up to 30 people (40 maximum) in our family gazebo that overlooks the front range. These outdoor weddings will take place in warm months from April through October and will not disturb any agriculture or neighbors as they will be quiet events with no alcohol, noise-makers or pets. We're installing a gravel parking lot for ten cars and will have a turn-around area for any unexpected overflow parking. Greg, I look forward to making my presentation at the Greeley Centennial Center, corner of 10th and 10th at 1 :30 June 1 . Herein please find 25 required copies. Incidentally, we expect each wedding to last 20 to 45 minutes with 15 minutes for photos. We do not anticipate making receptions available. Thank you for your help in reviewing our paperwork prior to submission. Sincerely., Connie Shaw James D. Wright (spouse) owners, Harmony Farm 930565 DESCRIPTION OF SPECIAL USE OPERATION 1. Proposed Use: We plan to hold small outdoor wedding ceremonies and similar events using an open-air shelter (gazebo) located near a grove of trees on the property. Construction would include: a. Parking area; 60' X 100' for maximum 20 vehicles b. Irrigation pumphouse c. Dressing/Changing room; approx. 12' X 12' d. 2 restrooms with septic system 2. Need for Use: We have determined that there are practically no facilities in the Loveland, Greely, Longmont area that serve this purpose, and that there is a demand for such a facility. 3. Existing uses in surrounding area: All surrounding land is being used for raising cattle and crops. 4. The proposed use is more than 1200 feet from any residence other than ours. 5. The number of guests would be limited to 40. 6. This is a seasonal use, extending from May through September during daylight hours. Two to four part time employees would be involved to handle bookings, parking, decoration and cleanup, maintenance, etc. 7. Water for drinking and restrooms would be from the Little Thompson Water District. 8. Vehicle access would be via the existing entrance to the property from WCR 13, using a private drive leading to the parking area. The gazebo would be reached by a walking path from the parking area. 9. Expected traffic will be entirely personal-use vehicles, with an expected average of 10 - 15 vehicles per event. Four events per day would be a practical maximum, and the expected frequency would be very much less. 10. We plan to construct restrooms with a separate septic tank and leach field. Initially, one or two portable toilets will be used, assuming that regulations permit. 11. The location is covered by the Johnstown Fire Department. No special fire protection measures are planned. 930565 Description of Of. .ation 12. No animals 13. No waste storage or stockpile 14. No storm water retention; the roof areas are small, the soil has good water retention capability, and there is good drainage to the slough and river. 15. Debris will be removed from the site to a dumpster after each event, with weekly pickups by the local trash hauling firm. 16. An irrigated area of grass will be maintained around the gazebo. No screening of the use is planned. Shrubs, trees, and other landscaping elements will be added over time to improve the esthetics of the area. No erosion control is planned. 17. Reclamation: The dressing room and restrooms would be sold and moved or demolished. The gravel in the parking area would be removed to the dirt surface. The gazebo would continue in family use. 18. Timetable: Month 1: Construct parking area and walkway Month 2: Operational; add dressing room and pumphouse. Fall '93: Construct restrooms and septic field: 2 months 2 930565 APPLICATION FOR SPECIAL USE PERMIT STATEMENTS AND CONTENTS 1. This use is consistent with the comprehensive plan, in that 1) It takes less than 1/2 acre out of agricultural use, and 2) It does not increase or lead to an increase in the requirements for infrastructure improvements and expansion. 2. The district is agricultural. The proposed use will not modify or harm agricultural use on either the property on which the proposed use will be operated nor in the surrounding area. 3. As stated above, the removal of land from production of crops will be insignificant. 4. The proposed use will not disturb people living and working in the area, and will provide enjoyment for its patrons. There is no negative health, safety, and welfare impact on the area due to the proposed use. 5. There is no plan by Johnstown to develop West of WCR 15. Weld County plans for the area covered by this application to remain agricultural. 6. A portion of the proposed use will be in a flood plain of the Little Thompson River. It is not in either a geologic hazard area or Weld County Airport overlay district. 7. Water: Letter from Little Thompson Water District is Attachment 1. 8. Copy of Deed for the property is Attachement 2 9. No noise report is included. The proposed use will not be noisy. There is existing ambient from ACX and from time to time from the nearby arena on road 44. 10. No soil report is included due to the nature of the intended use. 11. A list of nearby owners is included as Attachment 3. 12. A list of mineral owners and lessees is included as Attachment 4. 930565 ATTACHMENT 1 LITTL THOMPSON WA'I EIS DISTRICT DIRECTORS. Telephone 532-2096 Glenn W.Gibson October 27, 1992 307 Welch Avenue President Drawer G Leo Baked Berthoud, Colorado 80513 Keith Croonguiet Tom Reynolds Dean Anderson Carey J.Selomonson Jerrie W.Stroh MANAGER: Richard H.H.Whittet Mr. Jim Wright 21673 Weld County Road 13 Berthoud, Colorado 80513 Re: Service Information Dear Jim; This letter is in response to your request for information regarding the availability of expanded service to your property at the above address. You have indicated that you might desire to build another building on your property to be used as an office and/or classroom space. District Rules and Regulations allow this sort of expanded use, and no additional tap purchase is required. Additional residences on the same tap ARE specifically disallowed. Therefore, we have no objections to this proposed expanded service, and if you desire an additional water tap, or a larger water tap in place of the existing tap, there is capacity available at this time. Please contact our office for specific costs associated with these options. In summary, service will continue to your property at the above address, and expanded service for office/shop/classroom use from the existing water tap is allowed under current District Policies. • If you have any questions, or should you need additional information, please contact our office. Best R gards, Barry Dykes Operations Manager 930565 ATTACHMENT 2 ...__"rain - B 1351 REC 02304329 09/22/92 15:43 $5.00 1/001 AR230432y ' F 1940 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO WARRANTY DEED THIS DEED.Made this 21ST day of SEPTEMBER,1992 between KENNETH C.MILLER and PATRICIA A.MILLER of the County of WELD and State of COLORADO,grantor, andStint DOCUMENTARY FEE JAMES D.WRIGHT and CONSTANCE B.SHAW Date 7 raj�� F whose legal adds,ai is 21653-WELD COUNTY ROAD 13, �--- BERTHOUD,COLORADO$0313 $ =' A of the County of WELD and State of COLORADO,grantees: WITNESS, that the grantor, for and in consideration of the stun of TWO HUNDRED TWELVE THOUSAND AND 00/100ths VE . DOLLARS, (5212,000.00),the receipt and sufficiency of which is hereby acknowledged,her granted,bargained,sold and conveyed,and by these presents does grant, bargain, sell, convey and confirm unto the grantees,their heirs and assigns forever.not In Omen N av common inn io Joint tenancy, all the real property, together with improvement, lf any,situate,lying and being in the County of WELD,and Stale of Colorado,described as follows: ALL THAT PORTION OF NEll4 SECTION 13,TOWNSHIP 4 NORTH,RANGE 60 WEST,LYING SOUTH AND EAST OF THE CENTER LINE OF THE CONSOLIDATED HILLSBORO DITCH,EXCEPT THAT PORTION LYING WITHIN THE RIGHT OF WAY OF SAID CONSOLIDATED HILLSBORO DITCH COMPANY, COUNTY OF WELD,STATE OF COLORADO. also known by street and number as 21653 WELD COUNTY ROAD 13,BERTHOUD,COLORADO 80513 TOGETHER with all and singular the hereditament and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainden, rents, issues and profits thereof,and all the estate.right,title,interest,claim and cademand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises,with the hendilaments and D TO HAVE apTu . (b AND TO HOLD the said premises above bargained and described,with the appurtenances,untothe grantees,their heir ,n and assignshgin forever. And the grantor,for himself,his heirs and personal anddelivery representatives,does cove grant,bargain and agree to and with the grantees, selr heirs and assigns,that at the time of the cowling and delivery of these presents,hob well seized of the premises �9 above conveyed, has good, sure, perfect, absolute and indefeasible sme estate of inheritance.nce,in law,in fee simple,and has good right,fur power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,andid,and that the same are free and cthr sow all forcer and other grants, year,'ales, liens,taxes,u assessments,encumbrances and restrictions of whatever kind or nature aoever, except for axes for the current year,a lien but not yet due or payable,easements,restrictions,reservations,covenants and rights-of-way of record,if any, The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees,their heirs and assigns,against all and every person or persons lawfully claim' g the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any der shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth alloy {.R STATE OFCOLORADl3 • ) ss. coUgTYOk\ ) The foregoing„irKBument iv i'acknowledged before me this 21ST day of SEPTEMBER,1992 by KENNETH C.MILLER and PATRICIAA 4WtER• l My coin msn-Qn WIC"' 3\ C1 t el 9 Wsbess my n ., t 0*, , ssy 41 4Ne, . 9311&r;65 ATTACHMENT 5 SOILS CONDITIONS The Soils Conservation Service classification for the soil in the area of planned construction is 82 - Wiley Colby. This is the same soil as our house, outbuildings, septic tank, and leach field are presently located in. Soil Limitations: 1. Campgrounds and Picnic Areas Moderate due to dust 2. Sanitary - Septic Tanks and Leach Fields Moderate because of seepage 3. Dwellings with and without basements Slight • 9�(s 65 REFERRAL LIST NAME: Constance B. Shaw and James D. Wright CASE NUMBER: USR-1016 REFERRALS SENT: April 23, 1993 REFERRALS TO BE RECEIVED BY: May 7, 1993 COUNTY TOWNS and CITIES Attorney _Ault -- X Health Department Brighton _Extension Service _Broomfield _Emergency Management Office Dacono Sheriff's Office Eaton X Engineering Erie _Housing Authority _Evans _Airport Authority Firestone — X Building Inspection Fort Lupton Frederick STATE _Garden City _Division of Water Resources _Gilcrest _Geological Survey _Greeley _Department of Health _Grover _Highway Department _Hudson _Historical Society X Johnstown _Water Conservation Board _Keenesburg Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _Lochbuie Ault F-1 Longmont _ Berthoud F-2 _Mead _ Briggsdale F-24 _Milliken _Brighton F-3 _New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 _Platteville Hudson F-7 _Severance X Johnstown F-8 _Thornton La Salle F-9 Windsor _Mountain View F-10 Milliken F-11 COUNTIES _ Nunn F-12 Adams _ _Pawnee F-22 _Boulder _Platteville F-13 _Larimer Platte Valley F-14 _ Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 _US Army Corps of Engineers _Southeast Weld F-16 _USDA-APHIS Veterinary Service Windsor/Severance F-17 _ _ Federal Aviation Administration _Wiggins F-18 _Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER _Brighton Central Colo. Water Conservancy Dist. _Fort Collins _ Panhandle Eastern Pipe Line Co. _Greeley _ _Tri-Area Planning Commission _Longmont X Hillsboro Ditch _West Adams X Big Thompson COMMISSION/BOARD MEMBER X Judith Yamaguchi nn c 9ti 6J FIELD CHECK FILING NUMBER: USR-1016 DATE OF INSPECTION: May 4, 1993 APPLICANT' S NAME: Constance Shaw and James Wright REQUEST: Site Specific Development Plan and a Special Use permit for a home business for weddings and similar ceremonies. LEGAL DESCRIPTION: Part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: 2 miles southwest of Johnstown. LAND USE: N Ditch, cropland, oil and gas production, rural residence E Rural residence, cropland, ensilage pit S Big Thompson River, rural residence, crops W Cropland, "detention" pond used as minor old asphalt dump just west of west gazebo ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: "Backhoe" on property in position to dig by west gazebo, probably for a septic system. There is a ditch road on property, to the south of ditch. The ditch and ditch road are elevated 10 feet above rest of property. Greg Thdiipson Current Planner 930565 I\ MAY 0 7 1993 FIELD CHECK L - hieDlnnnjn- FILING NUMBER: USR-1016 DATE OF INSPECTION: 31•51)..-S APPLICANT'S NAME: Constance B. Shaw and James D. Wright CURRENT PLANNER: Greg Thompson REQUEST: A Site Specific Development Plan and a Special Review permit for a home business for weddings and similar ceremonies in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of Johnstown. /Q / LAND USE: N cinAla 014 U*`6K. 1-041.- came.) AkDUn'VY- `SiW- 51 6, .1 �` E_f 4 L 4) ` t a.. f� i cd,4 I I,)e k- 3 l cAnts i'h L4 s g4 S{"we. ( a W 'Ara YYI��` 4n dhAy s i� tlr� H�1n7 i 5 T t-ogo6csQ�. fe/ oldCwyn thod ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS:We._ (3 I s 4 r4Ve,,( tc4 V°"d, k)Ac S`r t o seem t Lo— th. N w` bI d�4,.PJ a - AE II II °110 (t-c-c A t&Q 3eLma/ 0.4-M0 t (dtl Ca SO At) -(, 4+(LI: f N S 930:,85 mEmoRAnDum 1119€ Greg Thompson To Weld County Planning Date May 5, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Heag Subject: Case Number: USR-1016 Name: Shaw and Wright' 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. The maximum permissible noise level shall not exceed the residential limit of 55 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 5. Adequate toilet facilities shall be provided for the public. Portable Toilets are not approved facilities. 6. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. If the system is sited in the Flood Plain, it is required to be designed by a Professional Engineer, licensed in the state of Colorado. 7. The Division requires that this facility utilize existing public water supply. 8. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. c.,1 UY MAY 0 6 1993 0..�t�rnam 930..1-4;5 9. This proposal indicates there is to be no food service. Applicant is advised that any proposal for food service would require additional review as per the Colorado Food Service Regulations. JSP/836 o t- -t- f CN MEMORAnDUM Greg Thompson 7o Planning R,nate May 13. 1993 COLORADO From Donald Carroll ,lT&t Subject: Wright Site Plan USR-1016 The existing access is off of WCR 13. This access will accomodate cars very easily. The only comment I have on this particular drawing is that the drawing is showing twenty-car parking; the attached letter is showing ten-car parking. We need to clarify which is correct. cc: Commissioner Baxter File USR-1016 mgreg.pds MAY 1 7 19931.1 4• J DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO April 23, 1993 CASE NUMBER: USR-1016 TO WHOM IT MAY CONCERN: Enclosed is an application from Constance B. Shaw and James D. Wright for a Site Specific Development Plan and Special Review permit for a home business for weddings and similar ceremonies in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles southwest of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 7, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. � We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration. and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: ..__144-7— Agency: Town of Johnstown y �4/ Date: 04/28/93 !� - ca*/ r 1 MAY 0 4 1993 930'565 DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N ORAAVENUEO631 GREELEY, COLORADO80631 COLORADO April 23, 1993 CASE NUMBER: USR-1016 TO WHOM IT MAY CONCERN: Enclosed is an application from Constance B. Shaw and James D. Wright for a Site Specific Development Plan and Special Review permit for a home business for weddings and similar ceremonies in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles southwest of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 7, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: W"-414&.ealt'A Agency;.-� �iis rim 414.1 Date: /7- 7174 II k. MAY 1 8 1993 i U 1J" t.•planninr 93C:365 INTERNAL CASE MEMORANDUM TO: USR-1016 File FROM: Greg Thompson, Current Planner NAME: Shaw and Wright LEGAL DESCRIPTION OF PROPERTY: Pt. NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. DATE: May 17, 1993 CASE NUMBER: USR-1016 Carl Forten, with Big Thompson Soil Conservation District, indicated the district would write a letter if they had concerns about a case. They did not write a letter concerning USR-1016, therefore, they have no concerns about this proposal. 930565 DEPARTMENT OF PLANNING SERVICES IDPHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140WI C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO April 23, 1993 CASE NUMBER: USR-1016 TO WHOM IT MAY CONCERN: Enclosed is an application from Constance B. Shaw and James D. Wright for a Site Specific Development Plan and Special Review permit for a home business for weddings and similar ceremonies in the A (Agricultural) zone district. The parcel of land is described as part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles southwest of Johnstown. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 7, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE It C) SR - 1016 THE SIGN WAS POSTED BY: 4;6t7€ D lt)i2l4tty NAME OF PERSON POSTING SIGN a • SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS 2hint DAY OF 11fJ� , 19 qs . SEAL • l/ 6 (} NOTARY v LICv P Q(c, fil c/Z 11L-Q-/ MY COMMISSION EXPIRES My Cu:;: eba 'C/ ?I, 1994 LAST DAY TO POST SIGN IS: , 19 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. arth'ma 2 / 1993 NOTICE AF lligl U` HEMS The Weld County Planning Commission will hold a public hearing on Tuesday, AFFIDAVIT OF PUBLICATION June 1, 1993, at 1:30 p.m.for the purpose of considering a Site STATE OF COLORADO Specific Development ss Plan and a Special COUNTY OF WELD -Revtew_permit for a home business for weddings and similar I, KEITH HANSEN, of said County of Weld, being duly ceremonies for the sworn, say that I am publisher of property described below. Approval of the WINDSOR BEACON request may create a vested property right pursuant to Colorado a weekly newspaper having a general circulation in said Law. County and State, published in the town of WINDSOR, APPLICANT : in said County and State; and that the notice, of which Constance Shaw and the annexed is a true copy, has been published in said JameslArdght weekly for__successive weeks, that the notice LEGAL DESCRIPTION: was published in the regular and entire issue of every Part of the NE4 of number of the paper during the period and time of Section 13,T4N,R68W publication, and in the newspaper proper and not in a of the 8th P.M.,Weld supplement, and that the first publication of said notice County.Colorado. was in said paper bearing the date of the TYPE AND.INTENSITY OF PROPOSED USE: Home business for �'7 day of �/' , A.D., 19 j3 and weddings and similar the last publication biaring the date of the ceremonies. day of A.D., 19_ and LOCATION : Approximately 2 miles that the said WINDSOR BEACON has been published southwest of continuously and uninterruptedly for the period of 5 Johnstown. consecutive weeks,in said County and State, prior to the date of first publication of said notice, and the same is a SIZE:34 acres,more or less newspaper within the meaning of an Act to regulate printing of legal notices an advertisements, approved The public healing will May 18, 1931,and all prior is r as in force. be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 P LISHER Tenth Street,Greeley,Colorado. Comments fin /�et / day or objections related to Subscri and,sworn to before me this the above request of 19`J3 should be submitted in writing to the Weld // N„ , 4 County Department of �c"* Planning Services,1400 NOTARY PUBLIC N. 17th Avenue, n Greeley, Colorado My commission expires -e7. 2 /91�� 80631, before the �/ ' above date or presented at the public hearing on June 1, 1993. Copies of the application are available for public inspection in the Department of Planning Services,1400 N. 17th Avenue, Greeley, Colorado 80831 - Phone - 363- 3845,Extension 3640 �> Judy Yamaguchi, �I „ ��t\yl�. Chairperson, Weld „ . J �� County Planning Commission MAY 0 a 1993 Published In the �'• _...._�,._ Windsor Beacon on ---- April 29.1993. 93045645 ict': DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 1111DWELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAO AVENUE COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, June 1, 1993, at 1:3O p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for a home business for weddings and similar ceremonies for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Constance Shaw and James Wright LEGAL DESCRIPTION: Part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Home business for weddings and similar ceremonies. LOCATION: Approximately 2 miles southwest of Johnstown. SIZE: 34 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, 14OO N. 17th Avenue, Greeley, Colorado 8O631, before the above date or presented at the public hearing on June 1, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 14OO N. 17th Avenue, Greeley, Colorado 8O631 - Phone - 353-3845, Extension 354O. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time b May , 1993 Received by: -- Date: 9�'0i!{5Jr'-r- e e 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-1016 for Constance Shaw and James Wright in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 26 day of April, 1993. i / 936,565 • (t DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N. ORAAVENUEO631 GREELEY, COLORADO80631 COLORADO DATE: April 23, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1016 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 1, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 1Oth Street, Greeley, Colorado concerning the request of: NAME: Constance Shaw and James Wright FOR: A Site Specific Development Plan and a Special Review permit for a home business for weddings and similar ceremonies. LEGAL DESCRIPTION: Part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of Johnstown. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Greg Thompson, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. as ♦')J SURROUNDING PROPERTY OWNER AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Constance Shaw and James Wright USR-1016 Rick L. and Carol L. Podtburg Virgil and Brenda J. Podtburg 6245 Highway 60 Johnstown, CO 80534 Roger R. and Marjie J. Lee 6925 S. Pennsylvania Street Littleton, CO 80122 Keith M. and Linda R. Russell 21419 Weld County Road 13 Berthoud, CO 80513 Virginia R. and Robert P. Starck 21746 Weld County Road 13 Berthoud, CO 80513 Farm Oil, Inc. 100 Racquette Drive Fort Collins, CO 80524 930 65 ATTACHMENT 3 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property: 21653 Weld County Road 13, Berthoud, CO 80513 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the following 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 tile 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. NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET ASSESSOR'S PARCEL NAME ADDRESS IDENTIFICATION # Podtburg, Rick L. &Carol L. 6245 Hwy 60 Podtburg, Virgil & Brenda J. Johnstown, CO 80534 106113000014 Lee, Roger R. & Marjie J. 6925 S. Pennsylvania St. Littleton, CO 80122 106113000013 Russell, Keith M. & Linda R. 21419 WCR 13 106113000011 Berthoud, CO 80513 Starck, Virginia R. & Robert P. 21746'WC 13 , 105918000004 Berthoud, O 80513 1 918000006 ii / James D. right ' The foregoing instrument was subscribed d sworn to befor me thisCg' -day of cti, 0 , 194 by James D. W ' ht hr Cci:. _t, 1.-:1-2-7 2', 1924 WITNESS my hand and official seal. MY Commission expires: c Note Public 930565 ATTACHMENT 4 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property STATE OF COLORADO ) ss COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. ( 11 The foregoing instrument was subscribed and sworn to before me this day of ¢QAzA ,i p , 1913 WITNESS my hand and official seal. My Commission Expires } "' ll Nota y. ublic 930..65 ATTACHMENT 4 cont. LIST OF MINERAL OWNERS AND LESSEES OF MINERAL OWNERS Subject Property: 21653 WCR 13, Berthoud, CO All of the mineral rights for the above property are owned or leased by two partnerships, Stroh#1 Fund Ltd., and Stroh#2 Fund Ltd. The general partner in the above funds is: Farmoil, Inc. 100 Racquette Dr. Fort Collins, CO 80524 The following are the individual partners in the above funds that hold all of the mineral rights: 1. Donald P. Dunklee, Go Dorcas M. 1402 Mesa Ave. Colorado CO 80906 Durkee Springs 2. Dorcas M. Durkee 1402 Mesa Ave. Colorado CO 80906 Springs 3. Edward F. Dunklee 6550 W. 46th Ave. Wheatridge CO 80033 4. Mark V. Gregg 6726 E. Shea Blvd Scottsdale AZ 85254 5. Katheryn E. Hoffman, rep. estate 111 E. Drake, Suite 7112 Ft. Collins CO 80524 of Max Hoffman 6. Paul Harder 100 Racquette Dr. Ft. Collins CO 80524 7. Jayme & Michelle E. McCoy 1000 Tumberry Louisville CO 80027 8. Jack Moses 1660 Lincoln, Suite 1412 Denver CO 80202 9. W.B. Macey 1600 Broadway, Suite 1760 Denver CO 80202 10. Mershon, Inc. 1600 Broadway, Suite 1760 Denver CO 80202 11. Virgil & Brenda Podtburg, Go Rick 6245 Highway 60 Johnstown CO 80534 Podtburg 12. Rick L. & Carol L. Podtburg 6245 Highway 60 Johnstown CO 80534 13. M.R. Diggs 3981 So. Dexter St. Englewood CO 80110 14. L.P.Cowell Irrevoc. Trust 200 E. 7th Loveland CO 80537 15. D.R. Pulliam P.O.Box 884 Loveland CO 80539 16. L.P.Knode#1 &#2 Irrevoc. Trusts 200 E. 7th Loveland CO 80537 17. Ben H. Gregg, Jr. P.O.Box 31212 Rio Verde AZ 85263 18. Jane G. Wallower 1100 N.Taft,#52 Loveland CO 80538 19. David V. Dunklee 355 Gilpin St. Denver CO 80218 20. Robert E. Harder 8280 W. 66th Ave. Arvada CO 80004 21. Gary & Lynn Montgomery 5243 So. Holland St. Littleton CO 80123 22. William & Suzanne Zisch P.O. Box 3161 Hawthorne NV 89415 23. Allen & Kate Grey 1326 East 4065 South Holladay UT 84124 930:735 4., DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 Will WELD COUNTY ADMINISTRATIVE OFFICES 4c EY,140 ON ORA O 8 631 UE GREELEY, COLORADO 80631 COLORADO April 23, 1993 Constance Shaw and James Wright 21653 Weld County Road 13 Berthoud, CO 80513 Subject: USR-1016 - Request for a Site Specific Development Plan and a Special Review permit for a home business for weddings and similar ceremonies on a parcel of land described as part of the NE4 of Section 13, T4N, R68W of the 6th P.M. , Weld County, Colorado. Dear Ms. Shaw and Mr. Wright: 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 June 1, 1993, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Johnstown Planning Commission for its review and comments. Please call Diana Seele at 587-4664 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Johnstown Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to May 19, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than May 21, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 930565 Constance Shaw and Ames Wright Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully,cliAJAI/ Greg Thompson Current Planner 9o,lr Hello