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Home My WebLink About920976.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR EXPANSION OF A NONCONFORMING USE (VEHICLE SALES ESTABLISHMENT AND SALVAGE YARD) IN THE A (AGRICULTURAL) ZONE DISTRICT - LEROY BERNHARDT 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 7th day of October, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of LeRoy Bernhardt, 2700 C Street, #154, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit for expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NW*, Section 18, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, LeRoy Bernhardt, said applicant, was not present or represented, 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 Urban Growth Boundary Area Goals and Policies as set forth in the Weld County Comprehensive Plan. The Town of Milliken has reviewed this request and has no objections. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. 920976 PL0882 CZ ' ,°4 art) ngs)- SPECIAL REVIEW PERMIT - BERNHARDT PAGE 2 c. The uses which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, one residence, a railroad right-of-way, and County roads, and with the future development of the surrounding area as projected by the Town of Milliken's comprehensive plan. d. The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. Most of the site is an abandoned gravel pit. e. No overlay districts affect 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 expansion of a nonconforming use (vehicle sales establishment and salvage yard) 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. Building or electrical permits shall not 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 scheduling before the Board of County Commissioners, the applicant shall submit a screening plan for the vehicle salvage area to the Department of Planning Services' staff. The screening plan shall demonstrate that the salvage area is screened from adjacent properties and public rights-of-way. The screening plan must be approved by the Department of Planning Services's staff prior to a hearing being scheduled for the Board of County Commissioners. Prior to recording the Special Review permit plat, the applicant shall submit an estimate of costs for the approved screening. The estimated amount shall be reviewed and approved by the Board of County Commissioners. Sufficient performance guarantees to ensure installation and completion of the screening shall be provided to 920976 SPECIAL REVIEW PERMIT - BERNHARDT PAGE 3 the Board of County Commissioners for the approved amount as allowed by Section 24.4.3 of the Weld County Zoning Ordinance. The performance guarantee shall be in a form acceptable to the Board of County Commissioners. The guarantee shall be returned to the applicant or released after the improvements have been satisfactorily completed. If the improvements have not been completed by May 15, 1993, the County shall take corrective action to ensure compliance with the approved plan and the guarantee shall be forfeited. 4. Prior to the issuance of building permits: a. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer, and a copy of that review shall be submitted to the Weld County Health Department, Environmental Protection Services Division, before the required I.S.D.S. evaluation is performed. b. The applicant shall submit evidence to the Department of Planning Services that all requirements of the Office of Emergency Management have been met. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: Li/ t % WELD COUNTY, COLORADO Weld County Clerk to the Board Ge rge Kenn y, Chairman BY: 442,-) , EXCUSED Deputy C erk to the Board Constance L. Harbert, Pro-Tem APPROVED AS TO FORM: C. J. Kir y / County Attorney Gor W. H. Webster 920976 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LEROY BERNHARDT USR-983 1. The Site Specific Development Plan and Special Review Permit is for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be controlled on this site. 7. Adequate toilet facilities shall be provided for the public. 8. The approved screening shall be maintained on the site. 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. 12. 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. 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 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. 920976 DEVELOPMENT STANDARDS - BERNHARDT PAGE 2 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. 920976 HEARING CERTIFICATION DOCKET NO. 92-56 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR EXPANSION OF A NONCONFORMING USE (VEHICLE SALES ESTABLISHMENT AND SALVAGE YARD) IN THE A (AGRICULTURAL) ZONE DISTRICT - LEROY BERNHARDT 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 September 9, 1992, and duly published September 24, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of LeRoy Bernhardt for a Site Specific Development Plan and Special Review Permit for expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chuck Cunliffe, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. LeRoy Bernhardt, applicant, was not present or represented. Mr. Morrison noted that the Planning Commission's recommendation was unanimous. There was no public testimony offered concerning this matter. Commissioner Lacy questioned whether the applicant agreed with all of the Conditions of Approval and Development Standards. Mr. Cunliffe said the only matter to be resolved after the Planning Commission hearing was the screening plan, which has been approved by staff, and the cost estimate and performance guarantee, which would be covered by approving subject to the Planning Commission's recommendation. Commissioner Lacy moved to approve the request of LeRoy Bernhardt for a Site Specific Development Plan and Special Review Permit for expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) Zone District, subject to 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 Kirby, and it carried unanimously. This Certification was approved on the 12th day of October, 1992. / APPROVED: ATTEST:�{///�� /(/A '�%// ,,4004BOARD OF COUNTY COMMISSIONERS /17�� 1 �� ✓V WELD COUNTY, COLORADO Weld County Clerk to the Board4Kenny, Chairman By:4,c,! �� Deputy Clerk to the Board EXCUSED Constance L. Harbert, Pro-Tem TAPE #92-29 /7 C. W. Kir DOCKET #92-56 Gor ac PL0882 ' 1 W. H. Webster 920976 Pi-. 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: LeRoy Bernhardt 2700 C Street, #154 Greeley, Colorado 80631 LEGAL DESCRIPTION: Part of the NWq of Section 18, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: The expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) Zone District SIZE OF PARCEL: 36.838 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 nT/O2 THE BOARD i.BY: 620 I 1 n9le� Deputy C rk to the Board PUBLISHED: October 15, 1992, in the Windsor Beacon 3 (! '76 AFFIDAVIT OF PUBLICATION STATE OF COLORADO SS COUNTY OF WELD I, KEITH HANSEN, of said County of Weld, being duly IIYLrE sworn,say that I am publisher of The Rend dp.. Oe.Ay COMISA°"°•°"�°Cowin WINDSOR BEACON Colorado.on Odense 1,1802, conditionally approved a Site Span`Review Perm Pin and a weekly newspaper a general circulation in said Special Review Permit for the having propery and Purpose desedbed County and State, published in the town of WINDSOR, below.GondMond approval a this plan creates a vested in said County and State; and that the notice, of which areat properly right lKen.n to Ancie the annexed is a true copy, has been published in said 88 of Title 24, O.R.S., as weekly for / _successive weeks, that the notice emended,fora period of three year. was published in the regular and entire issue of every APPLICANT:Laney Benneldt, number of the paper during the period and time of 2700 D Street,OS,Greeley, publication, and in the newspaper proper and not in a Colorado 80831 supplement, and that the first publication of said notice LEGAL DESCRIPTION: pan was in said paper bearing the date of the of the NW 1/4 of Section IS, TowWest of 4 North,Range 8Weld /5 be (Ott het— , A.D., 199y and Weal of the 6th P.M..Wtld y of L�/Gf O County,Colorado the last publication bearing the date of the TYPE AND INTENSITY OF APPROVED USE: The day of , A.D., 19_ and se((vehiecaesaliesest• ww,me�rt that the said WINDSOR BEACON has been published and salvage yard) In the A continuously and uninterruptedly for the period of 5 (Agricultural)Zone District consecutive weeks,in said County and State, prior to the SIZE OF PARCEL: 38.838 date of first publication of said notice, and the same is a acne,more or less newspaper within the meaning of an Act to regulate Failure to abide by the terms printing of legal notices an advertisements, approved and conditions of approval will result In a forfeiture of the May 18, 1931,and all prior cts r as in force. Bested property right BOARD OF ,COUNTY COMMISSIONERS,COLORADO WELD COUNTY, P LISHER BY: DONALD D.WARDEN, CLERK TO THE BOARD Subscri d,,and sworn to before me this via #' day t BY: SHELLY K. MILLER, of it B 19� Deputy Clerk to the Board �Jt Published In the 181hde., ' //��et vo n..eren Wars, d. NOTARY PUBLIC My commission expires 93117 ; /'' 7(?' • 920376 NOT I C E 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: 92-56 APPLICANT LeRoy Bernhardt 2700 C Street, #154 Greeley, Colorado 80631 DATE: October 7, 1992 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the NW* of Section 18, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: South of Weld County Road 46, east of Weld County Road 25 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Betty Henson Deputy Clerk to the Board DATED: September 9, 1992 PUBLISHED: September 24, 1992 in the Windsor Beacon y 920376 AFFIDAVIT OF PUBLICATION -., T E. !2 STATE OF COLORADO t ,. ss COUNTY OF WELD CLEIR wag TO THE END,;,_._'_) I, KEITH HANSEN, of said County of Weld, being duly Platttr sworn,say that I am publisher of NMI ehe.ms sill bs hid raw WINDSOR BEACON of the Board of Gory ComaNSMna•el Weld D�C�artydy�,Cobra War � nap .Hoer, a weekly newspaper having a general circulation in said C 515 ion ma 1hf Greeley,cele'ew.a the is,.. County and State, published in the town of WINDSOR, interested tMI P" NmSpecific mine in said County and State; and that the notice, of which Development Plan and spear the annexed is a true co has been published in said Review rid.runealsiod. Taro copy, weekly for_L_successive weeks, that the notice shame the applicant or anywas published in the regular and entire issue of every wed dpry desire d'•warn paper duringthe er number of the a period and time of a.a.empata towal..MOW aeap.a.&SA In Slim dem publication, and in the newspaper proper and not in a tepee mead which Tel IN kept supplement, and that the first publication of said notice sab the twine to Galt to the load%OEM shell be advised r was in said paper a bearing the date of the flip al at• salon et lead dm P P dap pions Reheats The sat elill- engaging twee NeaeW" n" e'. O27 day of CAS P-0-#t..,&r , A.D., 191]-_--rand the last publication be ring the date of the BE IT ALSO aawNtint Its text Ind mope es oMlped by Ills Weld Cei.iY RrrNq EsnmMalan rat day of , A.D., 19 and wn.mined In the elfin of to Clerk to the new M County that the said WINDSOR BEACON has been published eaNaNla"'_Mad indmWeld continuously and uninterruptedly for the Candy C.nbed Carta,11d tai P Y period of 5 Street, Third Rem. Greeley. consecutive weeks,in said County and State, prior to the Cdai°°' date of first publication of said notice, and the same is a DOCKET NO:0240 newspaper within the meaning of an Act to regulate APPLICANT:LeRoy e.rMadt, printing of legal notices an advertisements, approved ST��S�, 1154.Grain. May 18, 1931,and all prior is r as in force. Calar WM DAM OdaBa 7.102 / TIME:id:O cm REQUEST: A MU Speaipe P LISHER Development Flan and Spodd Review Permit far upaelo el a dlnmandd.w,w•y LIM ard)in maks Subscri rLand swo to before me this % day .w the A(AgbAeage is lNdda of •- LEGAL 1 �-'. LEGAL DESCRIPTION:Pet slim 7/, NW 1M aL . Swan II,Township s Ile t' - C Nadi.Rope IM W..t a dm Sm - _ � '' P.M,WSCamy,Mikado �7OTAR PUBLIC LOCATION:Saudi al Wild Cony UU -f- Rood M.met of Weld OAS Reed My commission expires /� -�cc? ' 25 BOARD OF COUNTY COMMISSIONERS, WELD COUNTY,COLORADO BY:DONALD D.WARDEN,WELD .• COUNTY CLERK TO THE BOARD BY:Bevy moan.Dips min b is Bowe PAWS Mt War Fit et loosoolanIONL A. • . 92'0376 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-56, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 16th day of September, 1992. �Ll t - Deputy Clerk tSthe Board Natural Gas Associates 1324 North 7th Avenue Greeley, Colorado 80631 Conquest Oil Company 3400 West 16th Street Greeley, Colorado 80631 Amoco Production Company Attn: Dave Montoya P. 0. Box 187 Fort Lupton, Colorado 80621 Ehrlich Feed Lot, Inc. P. 0. Box 60 Milliken, Colorado 80543 Herbert B. and Sarah J. Bernhardt 21568 Weld County Road 25 Milliken, Colorado 80543 Greenhead Land and Cattle Company 1805 South Bellaire Street Suite 101 Denver, Colorado 80222 Jacob Bernhardt 12225 Weld County Road 46 Milliken, Colorado 80543 Public Service Company 810 9th Street Greeley, Colorado 80631 Ehrlich Feed Lot, Inc. P. O.Box 60 Milliken, Colorado 80543 Reuben, Hester, David and Timothy Bernhardt 12281 Highway 60 Milliken, Colorado 80543 LeRoy Bernhardt 2700 C Street #154 Greeley, Colorado 80631 92*3376 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 1, 1992 Page 4 CASE NUMBER: USR-983 NAME: LeRoy Bernhardt ADDRESS : 2700 C Street, #154, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 of Section 18 , T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 46 , east of Weld County Road 25 . LeRoy Bernhardt, applicant, explained they have outgrown their present operation and need to expand. Shirley Camenisch asked about residue fuel disposal on site. LeRoy Bernhardt explained they do not discard any fuels . The fuels either evaporate or are sold with the parts. Bill O'Hare wanted to confirm they will sell parts . Jean Hoffman moved Case Number USR-983, LeRoy Bernhardt, be forwarded to the Board of County Commissioners with the Planning Commissions recommendation for approval. Bill O'Hare seconded the motion. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jean Hoffman - yes ; Bill O'Hare - yes ; Juliette Kroekel - yes; Don Feldhaus - yes ; Shirley Camenisch - yes . Motion carried unanimously. Respectful) submitte , n.4 Sharyn F. Ruff Y Secretary 9 376 � yEi1oI1 L CID COLTY BEFORE THE WELD COUNTY, C0L0RADO;`'PLANNING COMMISSION L! 2: IQ RESOLUTION OF RECOMMENDATION TO THE SOARD- 19 'OF COUNTY COMMISSIONERS Moved by Jean Hoffman that the following resolution. '4'r4ntxgduced for passage by the Weld County Planning Commission. Be it rest th 5±'±hblleld County Planning Commission that the application for: CASE NUMBER: USR-983 NAME: LeRoy Bernhardt ADDRESS: 2700 C Street, #154, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 of Section 18, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 46, east of Weld County Road 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: The proposal is consistent with the Urban Growth Boundary Area goals and policies as set forth in the Weld County Comprehensive Plan. The Town of Milliken has reviewed this request and has no objections. The proposal is consistent with the intent of the Agricultural zone district and 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 agricultural production, one residence, a railroad right-of-way, and County roads, and with the future development of the surrounding area , as projected by the Town of Milliken' s comprehensive plan. The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. Most of the site is an abandoned gravel pit. No overlay districts affect the site. 920.976 b RESOLUTION, USR-983 LeRoy Bernhardt Page 2 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. Building or electrical permits shall not 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 scheduling before the Board of County Commissioners, the applicant shall submit a screening plan for the vehicle salvage area to the Department of Planning Services' staff. The screening plan shall demonstrate that the salvage area is screened from adjacent properties and public rights-of-way. The screening plan must be approved by the Department of Planning Services's staff prior to a hearing being scheduled for the Board of County Commissioners. Prior to recording the Special Review permit plat, the applicant shall submit an estimate of costs for the approved screening. The estimated amount shall be reviewed and approved by the Board of County Commissioners. Sufficient performance guarantees to ensure installation and completion of the screening shall be provided to the Board of County Commissioners for the approved amount as allowed by Section 24.4. 3 of the Weld County Zoning Ordinance. The performance guarantee shall be in a form acceptable to the Board of County Commissioners. The guarantee shall be returned to the applicant or released after the improvements have been satisfactorily completed. If the improvements have not been completed by May 15, 1993, the County shall take corrective action to ensure compliance with the approved plan and the guarantee shall be forfeited. 9?4 '"76 RESOLUTION, USR-983 LeRoy Bernhardt Page 3 4. Prior to the issuance of building permits: the existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review shall be submitted to the Weld County Health Department, Environmental Protection Services Division, before the required I.S.D.S. evaluation is performed. the applicant shall submit evidence to the Department of Planning Services that all requirements of the Office of Emergency Management have been met. Motion seconded by Bill O'Hare. VOTE: For Passage Against Passage Jean Hoffman Bill O'Hare 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 September 1, 1992. Dated the 1st of Sept mber, 1992. tRuff Secretary 9213376 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LeRoy Bernhardt USR-983 1. The Site Specific Development Plan and Special Review permit is for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be controlled on this site. 7. Adequate toilet facilities shall be provided for the public. 8. The approved screening shall be maintained on the site. 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. 12. 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. 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. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: LeRoy Bernhardt Case Number: USR-983 Submitted or Prepared Prior to Hearing At Hearing 1. Application 17 pages X 2. 1 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. August 4, 1992, referral from Town of Milliken X 12. August 11, 1992, referral from West Greeley X Soil Conservation District 13. August 4, 1992, field check from Judy Yamaguchi X 14. August 3, 1992, referral from Weld County X Health Department 15. August 3, 1992, referral from Panhandle Eastern X 16. August 3, 1992, referral from Weld County X Engineering 17. July 27, 1992, referral from Ed Herring, Office X of Emergency Management 18. July 22, 1992, letter to applicant X I hereby certify that the 18 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 September 4, 1992. hQ ur ent P ni STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS (�day of ' Vl 19 "1Q- SEAL c �\ 7 ) � NITARY PUBLI My Commissionqi es Novembar21,1995 0 My Commission Expires . F • •-4 c i ..., r,� Kit li3rt- 920276 EXHIBIT INVENTORY CONTROL SHEET Case -.(5 (Z Exhibit Submitted By Exhibit Description 1/ V15-a, A. B. +-L�'+�[ ��£/ -�rLn .�C c iY`a^,`L, � c u -119) ci c. -PS�-Yv.7.� /,�/} L.c;,r✓Y�►vim i�=1 �r�t,✓�,1Q^ti 4�,L�.- V 1 c)/ 1 )1,4.--k.---1,2 “ Ca VI,t4.1 E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 037E Date: September 1, 1992 CASE NUMBER: USR-983 NAME: LeRoy Bernhardt ADDRESS: 2700 C Street, #154, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 of Section 18, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 46, east of Weld County Road 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: The proposal is consistent with the Urban Growth Boundary Area goals and policies as set forth in the Weld County Comprehensive Plan. The Town of Milliken has reviewed this request and has no objections. The proposal is consistent with the intent of the Agricultural zone district and 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 agricultural production, one residence, a railroad right-of-way, and County roads, and with the future development of the surrounding area as projected by the Town of Milliken' s comprehensive plan. The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. Most of the site is an abandoned gravel pit. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 9 ©376 RECOMMENDATION, USR-983 LeRoy Bernhardt Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. Building or electrical permits shall not 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 scheduling before the Board of County Commissioners, the applicant shall submit a screening plan for the vehicle salvage area to the Department of Planning Services' staff. The screening plan shall demonstrate that the salvage area is screened from adjacent properties and public rights-of-way. The screening plan must be approved by the Department of Planning Services' s staff prior to a hearing being scheduled for the Board of County Commissioners. Prior to recording the Special Review permit plat, the applicant shall submit an estimate of costs for the approved screening. The estimated amount shall be reviewed and approved by the Board of County Commissioners. Sufficient performance guarantees to ensure installation and completion of the screening shall be provided to the Board of County Commissioners for the approved amount as allowed by Section 24.4.3 of the Weld County Zoning Ordinance. The performance guarantee shall be in a form acceptable to the Board of County Commissioners. The guarantee shall be returned to the applicant or released after the improvements have been satisfactorily completed. If the improvements have not been completed by May 15, 1993, the County shall take corrective action to ensure compliance with the approved plan and the guarantee shall be forfeited. 4. Prior to the issuance of building permits: the existing septic system shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review shall be submitted to the Weld County Health Department, Environmental Protection Services Division, before the required I.S.D.S. evaluation is performed. the applicant shall submit evidence to the Department of Planning Services that all requirements of the Office of Emergency Management have been met. 920376 iITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LeRoy Bernhardt USR-983 1. The Site Specific Development Plan and Special Review permit is for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be controlled on this site. 7. Adequate toilet facilities shall be provided for the public. 8. The approved screening shall be maintained on the site. 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. 12. 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. 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. 90376 LAND-USE APPLICATION SUMMARY SHEET Date: August 25, 1992 CASE NUMBER: USR-983 NAME: LeRoy Bernhardt ADDRESS: 2700 C Street #154, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 of Section 18, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 46, east of Weld County Road 25. SIZE OF PARCEL: 36.838 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 West Greeley Soil Conservation District, Weld County Health Department, Panhandle Eastern Pipe Line Co. , Weld County Engineering, Weld County Office of Emergency Management. No objections have been received by Department of Planning Services' staff from surrounding property owners. 920376 ir.— . .�.•c: � "v' �,• • . Y , . Q'— ;,v.-,�—., i"�.. k. `i --.. d ..';l�i}��jjjj"111��11 ., :C" ._ L C' 1 ��.° v • •• I { I ILJC-• . .--,;--.•, • • 2 • I'v •,+, 'vIY .yt.,•o▪ v•r .)„1-. -.1,.,, 'it 2°ao • . z •r � Tb : z'+, 1 i i , • , ♦ �ror V f "• ▪• ,ot ••S C[R. • • _• " i \\tc:) f PoGF C�nL aatF A4. , •s�. �. a ; S. � . I .. 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L. - / /f ,, I/ v _7'y, 1 I, 4738 4726 •� x •Well :. I , I 47 U _Di rCe ,i° 10 SON z 5 3� t'�Schiiel 4728 .� NON 4TY 0 f� 47/5 _ A ° 46 \17------¢7a-� a t32 1 illike 6° I / ••.4752 9 p 12 •• �q0 7 •g or. y . /g - C7[8Hel pox // Tie /, 0 0 /y— :• cR O 4762 D. • o X4]42 --,,, 4709 'I4.e. � II .••Wel a o 0, 17 Den - �� _... i : 4440 . f4. 256 1 :� I H4B ( 64' \C• __. / 4743 I474_' fp •L I / Well 4746 t 0 . . I 47$ v 24 19 75 ••� • / O ♦ o I•• // / ' tri o / Q �yJ --* / • • I°• _ 1147 2 47$$ 9"��*'I • •-/ I I 40 i . i II j / / 1 �� 47s< °•° ' 4763 n _- nC / I if' a..y.. ,r.: .,. •� � z+ ..3 [ y ', '♦. a 4, •••••• ' p .S '}. ti, .y 'i ?:, ... • .,:+.+w.tbdL�!'PA+'1vY_S+x •w r ' '..• .�x'�� ,�. 'v r + ,,t, m 1'4 yr.:-Alli .� .. I A + {i+ 'J 1 9d 3 t Y. A - .. • .. O39 + / * �,₹'•�. �� • • ! , • • A n l.. [j Y w i d t i Z"P rw , • + 4 frf / spy t., f;.4.V . Y r t, • l RT • 8 � tii '� jit # re x� s .r ` • :s• Y t+.obi {• fir- {'1.41:-..;...e .. 'It tl i �p-F. .y + ` Xar r « - .. „/ "T., F' •- N k. {ti {. 1 ,,}• I' Y. . • a a^ • • •a a a. i .i 3. ( A y .i,...-.4, • }„.• . - s‘. •• •4 S4 ''14 'OA 4Lrf R7 `F,� 4:'/ tts d • 777;.r �E �-Y4' . �f ' 3` + FIELD CHECK FILING NUMBER: USR-983 DATE OF INSPECTION: August 17, 1992 APPLICANT'S NAME: LeRoy Bernhardt REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NW4 of Section 18, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 46, east of Weld County Road 25. LAND USE: N Weld County Road 46, agricultural production. E 1 residence, corrals , agricultural production. S 1 residence, agricultural production, river bottom. W Agricultural production, Weld County Road 25, railroad right-of-way, electric transmission line. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access is from Weld County Road 46, and Weld County Road 25, both gravel County locals. Weld County Road 25 is a dead end. Hundreds of cars are visible from the property to the south. The northern portion of the property is fenced with chainlink. The mobile homes are being used as offices. Parts are also being sold on the property. A portion of the western property line contains a wood fence. A portion of the abandoned gravel pit appears to be wetlands. The cars in the center of the property are in a pit and do not require screening. The salvage area immediately behind the mobile homes and the southern property line needs to be screened. C2 r ent Pla 920376 fitirrillH4C \t" DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ID 915 10th STREET icaT t Sit 2 I D GREELEY,COLORADO 80631 C. JUL 2 4 1992 COLORADO TOWN OF MILLIKEN CASE NUMBER: USR-983 TO WHOM IT MAY CONCERN: Enclosed is an application from LeRoy Bernhardt for a Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) zone district. The parcel of land is described as part of the NW4 of Section 18, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Weld County Road 46, east of Weld County Road 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 August 6, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson 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. K 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. P1 r to the enclosed letter. /� J / Sig • Agency: io &/IOl" Me /liken [)5�� Date:8 Y ? ill AUG , S ( 9p ,.ARTMENT OF PLANNING SERVICES reer;IN::1n'4�� <` �A PHONE(303)3c56-4000, r ,�3r'i 915 10th ST:: �, 80831 (IV �( 1931 C t COLORADO `' � °�` CASE NUMBER: USR-983 TO WHOM IT MAY CONCERN: Enclosed is an application from LeRoy Bernhardt for a Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural)`zone district. The parcel of land is described as part of the NW4 of Section 18, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Weld County Road 46, east of Weld County Road 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 August 6, 1992, so that we may give full consideration to your recommendation. Please call .Lanell J. Swanson 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.7-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: �7 5. Please refer/ to the enclosed letter. ILi �� L., /LL Signed: c _r?yLetin Agency: 4'0(.4/ 6.2,60/.7 s�� II AUG 1 2 1992 Date: t5/ii 9.2 9� l�Cc^u Gg1z,:mia! !!! 920276 I AUG 0 6 1992 r� FIELD CHECK ,Weld Canal Planning FILING NUMBER: USR-983 DATE OF INSPECTION: ��1 , / APPLICANT' S NAME: LeRoy Bernhardt CURRENT PLANNER: Lanell J. Swanson REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) . LEGAL DESCRIPTION: Part of the NW4 of Section 18, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 46, east of Weld County Road J25. LAND USE: Ng Ce'litni .,�/l II- rw `Yken.„ , YU „ i y /0O E n o ��L / 1i �ic� oPp{.ciLVI s � �pb 6 i eC /3 w O‘)A a_ floWAciata Aunt fr--5 ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W/� A (Agricultural) l- - �A I COMMENTS: ..CLOT /1P�rrul✓ ►lam at-CAM �P�vu.C)e kv .C I iftWAr��JVIKn'p'Ipr�U01- an 6+4-n`','fori, 1 o.C. W e( - a..s 1j.vp,.nol COVItt N W cR a o " wLg +-lo —` - Is no w C L aS eat,,„ ors` "Sloe o$ o_ Anejech4Loc-0i`on. VQt& 4.6 fort.. itilgl.uua� 6-0k e coc( W Ia5�F L ARD P-oAD 1h . )rn . a. nod_ 4 k c-•e kr_A2- ¢4. dry ex's-1-'643 °..o lFlgRu M Cfn `fg2 erd Fil04 &%41,e, trit&Ainc Sea- Mt • y l e s:-C-e 920375 mEmoRAnDum WIlD o Lanell Swanson To Weld County Planning Date August 3, 1992 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental H` Subject: Case Number: USR-983 Name: Bernhardt, LeRoy Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. Fugitive dust shall be controlled on this site. 5. Adequate toilet facilities shall be provided for the public. 6. The existing septic system is required to be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to this Division, before the required I.S.D.S. Evaluation can be performed. JSP/jg-1530 1t3 AUG 0 5 1992 Weld Cx:^ti pE"-ig 9Q76 DEPARTMENT PLANNING SERVICES ke 6 4ijPHONE(303)3564000,EXT.4400 _ 91310th STREET ' GREELEY,COLORADO 80831 C. COLORADO CASE NUMBER: USR-983 TO WHOM IT MAY CONCERN: Enclosed is an application from LeRoy Bernhardt for a Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) zone district. The parcel of land is described as part of the NW4 of Section 18, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Weld County Road 46, east of Weld County Road 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 August 6, 1992, so that we may give full consideration to your recommendation. Please call .Lanell J. Swanson 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: X 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. � 7/,‘,4,241---,t,-)Agency: Panhandle Easter #10 iY _ 4— Signed: � / Date: 8/3/92 AUG 0 4 1992 %e!d County Planning 920376 • A tar. 114C DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4003,EXT.4400 RECEIVED J U L 2 3 1992 915 10th STREET GREELEY,COLORADO 80831 lxi S{ FL. i E E ERING DEPT COLORADO -. k i AVENUE .;_ REELEY:, CID 80631 CASE NUMBER: USR-983 TO WHOM IT MAY CONCERN: Enclosed is an application from LeRoy Bernhardt for a Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) zone district. The parcel of land is described as part of the NW4 of Section 18, T4N, R66W 'of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Weld County Road 46, east of Weld County Road 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'August 6, 1992, so that we may give full consideration to your recommendation. Please call Lanell S. Swanson 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. -4' We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: 004.0-61)(0V-r4.57Agency: Date: $' 3- i 2- AUG 0 3 1992 Jct., Weld County Planning 920376 ri ( WELD COUNTY OFFICE OF EMERGENCY MANAGEMEJVT y y2 o PHONE X303)356-4000,EXL SOSfDR•152-4?,24GW P.O. BOX 758 11 I 1 GREELEY,COLORADO 88632 C. COLORADO TO: Lanell J. Swanson FROM: Ed Herring DATE: July 27, 1992 REF: USR-983 After reviewing USR-983 I find no conflicts with the Weld County Emergency Operations Plan. My only concern would be for residue fuels in wrecked vehicles. Due to the ground composition these residue products could contaminate the groundwater. The river could also become contaminated being this is also in a flood plain. There is no mention of hazardous materials being stored at this loca:ion either in above or below ground storage tanks. If there is 1250 gallons or more of fuel stored at any one time there currently are Superfund Amendment and Reauthorization Act (SARA) Title III requirements that have not been conp'eted. There is also no mention of hazardous materials usage in the vehicle maintenance shop. dili 100_ JUL 2 7 1992il Weld County planning } ((SC(' DEPARTMENT OF PLAN NINU =iviksm PHONE(303)356-4000,EXT.4400 ' 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO CASE NUMBER: USR-983 TO WHOM IT MAY CONCERN: Enclosed is an application from LeRoy Bernhardt for a Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and salvage yard) in the A (Agricultural) zone district. The parcel of land is described as part of the NW4 of Section 18, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Weld County Road 46, east of Weld County Road 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 August 6, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson 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. 93 ''C �,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 find no conflicts with our interests. Sep ct)4ea ,41 nieM® 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: � .�y Agency: GI,C"co/ G'L`7 1-7 Date: O 7.z 7 /2 9 all3Lr'7fi REFERRAL LIST NAME: LeRoy Bernhardt CASE NUMBER: USR-983 REFERRALS SENT: July 23, 1992 REFERRALS TO BE RECEIVED BY: August 6, 1992 COUNTY TOWNS and CITIES _Attorney _Ault / X Health Department _Brighton Extension Service _Broomfield i X Emergency Management Office Dacono Sheriff' s Office Eaton —R--Engineering Erie Housing Authority _Evans Airport Authority Firestone _Building Inspection _Fort Lupton _Frederick STATE _Garden City Division of Water Resources Gilcrest _Geological Survey Greeley Department of Health _Grover Highway Department Hudson Historical Society _Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS _Lochbuie Ault F-1 _Longmont _Berthoud F-2 Mead Briggsdale F-24 / X Milliken _Brighton F-3 New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 Platteville Hudson F-7 _Severance _Johnstown F-8 Thornton La Salle F-9 Windsor Mountain View F-10 X 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 ✓ X Panhandle Eastern Pipe Line Co. X Greeley Tri-Area Planning Commission Longmont West Adams COMMISSION/BOARD MEMBER X Judy Yamaguchi 92,0_776 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 Ta Nall of the Mt Pa, WINDSOR BEACON IIr/CMty.Colorado. 1Yli INTENSITY OF USE: a weekly newspaper having a general circulation in said StrtIMI-r of a County and State, published in the town of WINDSOR, Sales am shmcnt(Pohlad in said County and State; and that the notice, of which ate the annexed i$ a true copy, has been published in said L�OOpNNdM sou h of wre weekly for f _successive weeks, that the notice Owe, Road t of was published in the regular and entire issue of every Welealleity number of the paper during the period and time of SE:ISMsas•,we r publication, and in the newspaper proper and not in a Ira supplement, and that the first publication of said notice Marie hearing will be was in said paper bearing the date of the M11 le*e Weld County aaaalgoeners' Nearing Pleas.Dim Floor.,want 3 Q day of Ju i , A.D., 19 9Y and Ma, Strr Greeek% the last publication bearing the date of the C•Mra Command or eyeMSSe related to the day of A.D., 19 and aMMa unt should be In wrtling to the that the said WINDSOR BEACON has been published TNM Daput ent r PMrialt! Services, pu continuously and uninterruptedly for the period of 5 Tea*Met Room 342, consecutive weeks,in said County and State, prior to the mSL�r S •laado 10631, Mfrews above date er date of first publication of said notice, and the same is a Moseil1M!1 at the public newspaper within the meaning rf an Act to regulate tmededNI as «'September t, CE OF NISI 1s printing of legal notices and ad er ' e ents, approved May 18, 1931,and all prior ac - :o ar a in force. MS rho The Weld County Plrrng ar aor public u we Commission will held a Mitts forrDgvtona pa hearing, on , al1,11�Scraps,County my pa ter h,1pur,r 1 OeS. old County .r Pew ter the PurPOea el ba11a�1�I Center, 111 R:1C HER ea•dJa ng a Slto Spa Teae feet, Greeley. Oen1*nent Plan ant a Cretadd 80631, Phone: , yssNevi eparrrd Yre 110AUEXWSlp/o0G Subscribed a I sworn to before me this day aaa*aMs ing use(Mob SsMPolles,CMirman of /4-7.4 9 L<S 1t 19 code eel. in ant Weld Munty Planning `Ile. . RrIALAD V Mien yard) id the'w OrtaMaSn 7�'�.IY�hS / psSplierio0 ty dual Owa p,k the*Indoor O Prepay al a Me �M h1y dq 1002 NOTARY PUBLIC mad•er at a s Mimed,r pursuer* My commission expires APPLICANT: LeRoy Semlimell li0al DESGWTiON:Peg - r dr f1W4 el Swiss 15, 920976 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-983 for LeRoy Bernhardt in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 24 day of July, 1992. 97,0:x'76 DEPARTMENT OF PLANNING SERVICES PHONE(303)356.4000,EXT.4400 IIII ID 91510th STREET GREELEY,COLORADO 80631 C. COLORADO TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-983 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, September 1, 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: LeRoy Bernhardt FOR: Expansion of a nonconforming use (Vehicle Sales Establishment and Salvage Yard) . LEGAL DESCRIPTION: Part of the NW4 of Section 18, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 46, east of Weld County Road 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 Lanell J. Swanson, Current Planner. SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE AND MINERAL OWNERS LeRoy Bernhardt USR-983 Natural Gas Associates 1324 N. 7th Ave. Greeley, CO 80631 Conquest Oil Company 3400 W. 16th Street Greeley, CO 80631 Amoco Production Co. Attn: Dave Montoya P.O. Box 187 Fort Lupton, CO 80621 Ehrlich Feed Lot, Inc. P.O. Box 60 Milliken, CO 80543 Herbert B. and Sarah J. Bernhardt 21568 Weld County Road 25 Milliken, CO 80543 Greenhead Land and Cattle Co. 1805 S. Bellaire Street, Suite 101 Denver, CO 80222 Jacob Bernhardt 12225 Weld County Road 46 Milliken, CO 80543 Public Service Company 810 9th Street Greeley, CO 80631 Ehrlich Feet Lot, Inc. P.O. Box 60 Milliken, CO 80543 Reuben, Hester, David and Timothy Bernhardt 12281 Highway 60 Milliken, CO 80543 920276 167-11:t DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 ID 91510th STREET GREELEY,COLORADO 80831 C. COLORADO July 22, 1992 LeRoy Bernhardt 2700 C Street #154 Greeley, CO 80631 Subject: USR-983 - Request for a Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (vehicle sales establishment and a salvage yard) in the A (Agricultural) zone district on a parcel of land described as part of the NW4 of Section 18, T4N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Bernhardt: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for September 1, 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 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 Milliken Planning Commission for its review and comments . Please call Margaret Wakeman at 587-4331 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 Milliken Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to August 20, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than August 22, 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. 920276 LeRoy Bernhardt USA-983 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, ,-..--L anell J. Sw_ son Current Planner 970.276 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property See Attached Schedule A 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. YE" bj y .1141/1(15112 The foregoing instrument was subscribed and sworn to before me this 18 day of May , 19_9.2 WITNESS my hand and official seal. My Commission Expires: November 5 , 1995 / No y ublic 9?10276 LEE 'S USED OAKS 12152 WCR 46 PO BOX 250 MILLIKEN, CO 80543 PH (303) 507-9990 Natural Gas Associates 1324 N 7th Av Greeley, Co 80631 Conquest Oil Co 3400 W 16th St Greeley, Co 80631 Amoco Production Co P.O. Box 187 Att: Dave Montoya Ft Lupton, Co 80621 9 C?7G AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Lee' s Used Cars 12152 Weld County Road Milliken, Co 8054 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. The foregoing instrument was subscribed and sworn to before me this is day May , 19R2, by Jim Bernhardt WITNESS my hand and official seal. MY Commission expires: November 5 , 1995 Nota ublic My Commission Expires: November 5 , 1995 97 216 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Ehrlich Feed LotInc. P.O. Box 60 Milliken. Co 1105_43 lOsn1annnn78 Ehrlich Feed Lot, Inc.P.O. Box 60 Milliken, fn ancdz 105.718000034 Herh rt R 6 S^ ^h T R h- .it 2156 WGR ,c v; 105718000040 Greenhead Land & Cattle Co. 1805 S Bellaire St Ste 101 Denver. Co 80222 105718000035 ,Tarnh RernharAt 12225 WrR 46 Milliken, Ce 80543-----3453-03440"1— Public Service Co of Colo 810 9th S rreeley r� an�zi 7nso� znnnn�o Ehrlich Feed Lot, Inc. P.O. Box 60 Miliikan., en 80543 105912000038 Public Service Co of Colo 810 9th St rrenley r un�zi 105912000022 Phrlirla Food Lot, Inc. P.O. Dua 60 Milliken, Cu 8u743 1U791L000ULU Fnhlir Sarvir-e Co of rolo 810 9th St Greeley, Ct' 00631 105912000021 Reuben, Hester, David & Timothy Bernhardt 12281 Hwy 60 Milliken. Co 80543 105718000038 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee /(j5('- Receipt Number I q(o cots 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: Section 18 T 4 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section 18 T 4 N, R 66 W Property Address (if available) PRESENT ZONEA ricul d OVERLAY ZONES none TOTAL ACREAGE 36. 83�°mmP ricat PROPOSED LAND USE Salvage Yard and Car Lot EXISTING LAND USE Salvage Yard and Car Lot SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Le Roy Bernhardt Address:2700 C St #154 City Greeley. Co Zip 80631 Home Telephone 356-8430 Business Telephone /1 587-9996 Name: Address: City Zip Home Telephon it Business Telephone 11 AP Ti ^2) AGENT jjf different than above) : JUL 2 U 1992 Na A City Zip HomelAfeaggVeling _ Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. ( , 01All Name: See Attached List , 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 ) /J STATE OF COLORADO ) //] ,a4 A Signatur Owner or Authorized Agent Subscribed and sworn to before me this 18 day of May 19 92. NOT UBLIC My commission expires No tuber 5 , 1995 9 ,®376 B '- 61 REC 02104417 06/22/87 — 6: 32 y6. 00 1/002 !, '' JARdiL44J,7 F t .10 MARY ANN FEUERSTEIN CLE, & RECORDER WELD CO, CC Recorder's Stamp ' THIS DEED, Made this F if th day of .June , ' 1987 ,between THE FIRST NATIONAL BANK OF JOHNSTOWN , COLORADO , a National B ,ndin}; A ,soclasion II I aitgaxxrtaa}:xtdtvxotyas rsixt<atxt mmtsuxr heel outta rntroaxttocticve State Documentary Fee of the State of COlOrado of the first part, :aid DQtechL_t e,C.efL4, -e ',: 1,r ROY R. BERNHARDT $ ____F_____—___ r whose legal address is 11 of the County of and State of of the second part: WI'rNESSETII, That the said party of the, first part, for and in consideration of thel sum of O I-H c,r 3OO0 1 and valuable consideration and TEN and NO/100 D LLA S, 1 I ,1L,. .aid I' -I; of ill, f!, vui in Its.Id ,.nil to the said pre;1. "nd 1 �." the art"I xhoraof is he'e- by t pntessed and aduunr ledged, bath granted, bargained, sold and eunw,ed, and by tit r.e presents cloth gran, b r- gain, sell,convoy and confirm unto the said part t7 of the second part, h:Ls I heirs, and assigns f n- ever,all of the following described lot or parcel of land. situate,lying and'being in the ('!ounty of We Id and State of Colorado, to Wit: I SEE ATTACHED DESCRIPTION P, also lowwn as street and number TOGETHER with all and singular the hereditaments and appurtenances thereurto belonging, or in an 'se appertaining, and the reversion or reversions, remainders, rents, issues and profits (thereof; and all the est te, right, title, interest, claim and demand whatsoever of the said party of the first part,1either in law or equ ty, of in and to the above bargained premises with the hereditaments and appurtenances. I TO HAVE AND TO BOLD the said premises above bargained and described, wit the appurtenances unto he said part. `f of the second part Ti t G heirs and assigns forever. And t e said THE J'TR,ST I. Idt aull il i party of the first party or its If, F :,nd its successors, doth covenant, grant, bargain, and agree to and with the said party y of the second p rt, 11i : heirs and assigns, that at the time of the ensealing and delivery of these presents It is ell seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inher tance in law, in fee simple, and hath good right, full power and lawful authority to grant, bargrin, sell and convey the s e in manner and form aforesaid, and that the same are free and clear from all former and other grants, (Varga s, sales,liens,taxes,assessments and incumbrances of whatever kind or nature soever; I I and the above bargained premises in the quiet and peaceable possession of the said par y of the second p 11 heirs and assigns, against all and every person or persons lawfully el iming or to claim he w ole I ,call u pert thereof, the said party of the first part shall and will WARRANT' AANDFOREVER DEFEND. .fiby. I\ 41T NESS WHEREOF, The said party of the first part bath caused its corporate name to be berms to I :nbseribevl_Iyy it:: President, and its corporate seal to be hereunto affixed, attested by its i ,u C� z is- is 4 s 1'> ,I,}y and year first above written. ife THYI FIT',,ST NATIONAL BANK or JON ST N } if,),: t (1-11"--- -7—'• - / lf ( , IOIO7 0 , a NatIorydt Hulking A ,o ation r (AA liter xacncoaesx - y / R t ! ; zz „ !?'ens- Chairman of the Board STATE OF' COLORADO, County of W2 Id }ss. The foregoing instrument was acknowledged before me this 5th dayof June I , 19 `.37 ,by Donald B. Davis as Chairman of the Board wax irk nd Barbara n tr Cashier , , A National It of I he Linn ( Nettionr� l hrnl: of J�Ihnvl-own CO . A Tlata< n�11 Betnkinme �m' �• snooRI I IOn t My notarial commission expiresZs, / V5Cd J t • Witness my hand and official seal. YYY ' `' n e ' IC !. ._-r// rY�i`T(/ �� __-riotgry rsbl e. t t ,, r / /' No.40B. WARRAWrIDEED corn$-„ti.,i.-Bradford Publishing Co.,182146 stout Street.Denver,Colored„ 6.79 ♦' 920376 B 1161 T� • 02104417 06/22/87 16: 3 6. 00 2 /002 • �/: F 0211 Nu.RY ANN FEUERSTEIN CLERK & } CORDER WELD CO, CI . A tract of land located in the Northwest Quarter (NW1/4 ) of Section i :L8 , Township 4 North, Range 66 West of the Sixth Principal Meridian : I Weld County, Colorado being further described as follows : j Commencing at the Northwest Corner of said Section 18 and considpritg j the North line of the Northwest Quarter to bear North 89° 53 ' 50" Eastj '• I with all other bearings contained herein relative thereto ; I �. Thence North 89° 53 ' 50" East along said North line , 742 . 05 fe t t th I True Point of Beginning ; I Thence continuing North 89° 53 ' 50" Last along said North line 419 . 53 ' f eet to the Northwest Corner of a parcel Of land described in Boob 70 , Reception No. 1625604 , Weld County Records ; Thence along the Westerly line of said parcel of land by the fol ow g two (2 ) courses : South 03° 22 ' 58" East , 826 . 15 feet; South 00°08 ' 32" East , 793 . 73 feet to a point that is 986. 7 eet North of the mid-section line of said Section 18 ; i1 II Thence South 90°00 ' 00" West , 48 . 54 feet to a point that is 1160 ' eet East of the West line of said Section 18 ; i Thence South 376 . 7 feet ; Thence South 51° 03 ' West , 604 . 4 feet ; I Thence South 70°48 ' West , 698 . 8 feet ; Thence West 30 ' to the West line of the Northwest Quarter of sai L i Section 18 ; Thence North 00°13 ' 08" East along said West line , 965. 78 fee to th' Southwest Corner of a parcel of land described in Book 872 , age 25 , Weld County Records ; • Thence along the South and East lines of said parcel of land by the, following two (2) courses: South 89° 30 ' 38" East , 30 . 00 feet; I North 00°13 ' 08" East , 19 . 65 feet; Thence South 89°30 ' 38" East , 738 . 37 feet ; Thence North 00°41 ' 19" West , 1662 . 12 feet to the True Point 7f B ginning; said described parcel of land contains 36. 838 acres , more or les , • and is subject to any rights-of-way or other easements as grante or reserved by instruments of record or as now existing on said es1- cribed parcel of land . I 920276 LEE 'S USED CARS 12152 WCR 46 PO BOX 250 MILLIKEN, CO 80543 PH (303) 5B7-0900 • May 18, 1992 PROPOSED OPERATION AND USE FOR LEE' S USED CARS It is our object to have the 37 acres which consists mostly of non-agricultural land, and mostly an old gravel pit to store our cars, and excess trade-ins that we get an excess surplus of. The need for use of this existing property is because we are running out of room on the current acreage that we now have our car lot on, and we would like to get all 37 acres zoned by special use permit . Our existing and future use should not conflict with surrounding properties . The existing houses within 500 yards are Jake Bernhardt (my uncle ) who is about 50 yards to the North East , and the South of about 50 yards is Herbert Bernhardt (my brother) . The maximun number of buyers and users whom buy cars varies from 700 to 1000 whom purchase cars from Lee ' s Used Cars per year. The number of employees full time will be me, Le Roy Bernhardt , and my son, Jim Bernhardt . I also have three part-time employees . The type of water we have is piped to us from The Little Thompson Water District , Berthoud, Colorado, which we have here now. The access route to be used are the two gates which enters the car lot on the North at 12152 Weld County Road 46 , Milliken, Colorado. The type of vehicular traffic will consists mostly of cars and pickups which will enter our car lot on a daily basis except on Sundays . The frequency of vehicular traffic consists of about 30-50 vehicles entering the car lot daily. The average weight of such vehicles would be about 2 , 500 lbs each. The type of sewage which we now have consists of a septic tank and leach line. As far as animals are concerned, we have two dogs and four cats . 9x'02 76 LEE'S USED CARS 12152 WCR 46 PO BOX 250 MILLIKEN, CO 80543 PH (303) 587-9996 page two There will not be any waste associated with the acreage and the abondoned gravel hole will store our used cars ; the same as it has since 1967 when we started selling cars. If there are any excess auto parts they will be transported to Denver by truck to the crusher. The storm water from rain or snow will drain from natural seep- age into the earth as it has in the past. There will be no new landscaping plans and there has been very little erosion in the last twenty five years . Ninety five percent of the cars we have can' t be seen from the surrounding roads, so no one can say they will be an eyesore to anyone. We will not need a timetable for construction and start up procedures. The cars being stored for parts should not conflict with zoning in comparison with other similar places now in existance in Weld County. Most of the cars that will be stored in the old gravel hole or that have been for the last twenty five years . Except for the cars to be sold on our car lot location. The stored cars should not bother the neighbors , because there will not be any burning or pollution concerning such cars. The stored cars should be compatible with the surrounding land and surrounding land owners which are mostly my relatives (brothers and uncles ) , and they condoned our operation for twenty five years . The proposed use should be compatible with the future develop- ment of the surrounding area; and no different than other places of storage and some of which are along major highways and some that are out in the country like ours. The proposed area is not located in a flood zone or plain. It is not a geological hazard, and it is not in the Weld County Airport Averly District . 920276 FORM NO. C.5000.1 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 9- 1970 (AMENDED 10-17.70) CoDY SCHEDULE A Polio No. 8024553 Amount of Insurance$ 37 ,257. 00 Order No. Date of Policy June 23, 1987 Sheet 1 of 4 7: 00 A.M. 1. Name of Insured: LeROY R. BERNHARDT 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: LeROY R. BERNHARDT 9 ZOLIG FORM NO. C•6000-2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10.17.70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM S-1970 (AMENDED 10-1770) 8024553 Sheet 2 of 4 SCHEDULE A—Continued The land referred to in this policy is situated in the State of Colorado, County of Weld , and is described as follows: A tract of land located in the West h of the Northwest quarter of Section 18 , Township 4 North, Range 66 West of the Sixth Principal Meridian , being further described as follows : COMMENCING at the Northwest corner of said Section 18 and considering the North line of the Northwest Quarter to bear North 89° 53 ' 50" East with all other bearings contained herein relative thereto ; thence North 89° 53 ' 50" East along said North line, 742 . 05 feet to the TRUE POINT OF BEGINNING; thence continuing North 89° 53 ' 50" East along said North line 419 . 53 feet to the Northwest corner of a parcel of land described in Book 704 , Reception Number 1625604 ; thence along the Westerly line of said parcel of land by the following two ( 2) courses : South 03° 22 ' 58" East, 826 . 15 feet ; South 00° 08 ' 32" East, 793 . 73 feet to a point that is 986 . 7 feet North of the mid-section line of said Section 18 ; thence South 90° 00 ' 00 " West, 48 . 54 feet to a point that is 1160 feet East of the West line of said Section 18 ; thence South 376 . 7 feet; thence South 51° 03 ' West, 604 . 4 feet; thence South 70° 46 ' West , 698 . 8 feet; thence West 30 feet to the West line of the NW; of said Section 18 ; thence North 00° 13 ' 08" East along said West line , 965 . 78 feet to the Southwest corner of a parcel of land described in Book 872 , Page 250 ; thence along the South and East lines of said parcel of land by the following two (2) courses : South 89° 30 ' 38" East, 30 . 00 feet ; North 00° 13 ' 08" East, 19 . 65 feet ; thence South 89° 30 ' 38" East , 738 . 37 feet; thence North 00° 41 ' 19" West , 1662 . 12 feet to the TRUE POINT OF BEGINNING . 92.0376 • FORM NO. C-6000.30 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 9-1970 (AMENDED 10-17-70) 8024553 Sheet 3 of 4 SCHEDULE B 4, This Policy does not insure against loss or damage by reason of the following: I. Rights or claims of parties in possession not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area,encroachments, and any facts which a cor- rect survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 5. Taxes due and payable: and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. The 1986 General taxes paid, ac- cording to tax certificate dated April 24 , 1987. 6 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S . Patent recorded September 6 , 1980 in Book 20 at Page 273 . 7 . Right of way 100 feet wide for an electric or power railway and for transmission of electric current, as granted to The Greeley & Northern Railway & Utility Company by instrument recorded May 28 , 1908 in Book 234 at Page 134 , in which the specific location is not defined . 8 . Karch Seepage Ditch, and any and all rights of way therefore, as evidenced by Map filed June 20 , 1910 as Filing No . 156774 , insofar as the same may affect subject property . 9 . Reservations by the Union Pacific Railroad Company of (1) all oil , coal and other minerals underlying subject property, (2) the exclusive right to prospect for , mine and remove oil , coal and other minerals , and (3) the right of ingress and egress and regress to prospect for mine and remove oil , coal and other minerals, all as contained in Deed recorded April 23 , 1935 in Book 976 at Page 388 , and any interests I therein or rights thereunder . (Affects the following described property : All that part of the Southwest Quarter of the Northwest Quarter (SW: of NW,) of Section No . Eighteen (18) in Township No . Four (4) North of Range No . Sixty-six (66) West of the Sixth Principal Mer- idian described as follows, to-wit : COMMENCING at the quarter corner between Section 18 , Township 4 North, Range 66 West and Section 13 , Township 4 North Range 67 West; thence East a distance of thirty (30) feet to a point ; thence North 70° 48 ' East, a distance of Six hundred ninety-eight and eight tenths (698 . 8) feet to a point; thence North 51° 03 ' East a distance of Six hundred and four and four tenths (604 .4) feet to a point; thence North a distance of three hundred seventy-six and seven tenths (376 .7) feet to a point; thence West a distance of Eleven hundred sixty (1160) feet to a point on the West line of said Section 18 , Township 4 North, Range 66 West; thence South along the West line of said Section 18 a distance of Nine hundred eighty-six and seven tenths (986 . 7) feet to the PLACE OF BEGINNING. 9E .1G • FORM NO. C.5000.3C FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 11170 (AMENDED 10.17-701 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S ►OLICY-FORM S-1570 (AMENDED 10.17-701 8024553 Sheet 4 of 4 SCHEDULE B—Continued 10 . Right to remove subjacent support from surface (except such as is necessary for support of permanent structures erected thereon prior to the time such right is exercised) without thereby incurring any liability whatsoever for damages so caused, as reserved by Union Pacific Railroad Company in the Deed recorded April 23 , 1935 in Book 976 at Page 388 . (Affects same property as described in Item No . 9 above) . 11 . Oil and gas lease between Ben Bernhardt A/K/A Benjamin Bernhardt and Esther P. Bernhardt and T. S . Pace, dated March 21 , 1970 , recorded September 25 , 1970 in Book 633 as Reception No . 1555212 , and any interests therein or rights thereunder . NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106 , by Amoco Production Company , recorded October 24 , 1974 in Book 725 as Reception No . 1647347 , and by Conquest Oil Company, recorded January 23 , 1987 in Book 1143 as Reception No . 2085873 . 12 . Easement and right of way for pipeline right-of-way grant, as granted to Natural Gas Associates , a Colorado Partnership by Ben Bernhardt and Esther Bernhardt , in the instrument recorded February 8 , 1985 in Book 1057 as Reception No . 01998110 , the location of which is shown in the map attached to said instrument . 13. Deed of Trust from LeROY R. BERNHARDT to the Public Trustee of the County of Weld for the use of THE FIRST NATIONAL BANK OF JOHNSTOWN to secure $7 ,257 . 00 dated June 5 , 1987 recorded June 22 , 1987 in Book 1161 as Reception No. 02104418 NOTE: The following notices pursuant to CRS 9-1 . 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not neces- sarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company, recorded October 1 , 1981 in Book 949 as Reception No. 1870705 . (b) Union Rural Electric Association, Inc. , recorded October 5, 1981 in Book 949 as Reception No. 1871004 . (c) Public Service Company of Colorado, recorded November 9 , 1981 in Book 952 as Reception No. 1874084 . (d) Western Slope Gas Company , recorded March 9, 1983 in Book 990 as Reception No. 1919757 . (e) Colorado Interstate Gas Company recorded August 31 , 1984 in Book 1041 as Reception No. 1979784 . (f) Associated Natural Gas , Inc. , recorded April 23 , 1986 in Book 1110 as Reception No. 2050953 . LITTLE THOMPSON WATER DISTRICT Telephone 532-2098 DIRECTORS: 307 Welch Avenue E.Thomas Picard May 12 , 1992 Drawer G President Berthoud, Colorado 80513 Glenn W.Gibson Leo Betel Keith Croonquist Tom Reynolds Dean Anderson Carey J.Salomonson MANAGER. Richard H.H.WNttet Mr. and Mrs. Jim Bernhardt P.O. Box 250 Milliken, Colorado 80543 Re: Service Confirmation Dear Mr. and Mrs. Bernhardt; This letter is in response to your request that we provide confirmation of water service to property located in Section 18, Township 4N, Range 66 West of the 6th Principal Meridian in Weld County, Colorado. The property address is 12152 Weld County Road 46, Milliken. We currently provide service via LTWD Tap #959 and will continue to do so under the terms of the Water Service Agreement between the owner and the District, and in accordance with the Rules and Regulations of the District. If you have any questions regarding this matter, or should you need additional information, please contact our office. Best Regards, Barry -Dykes_� Operations Manager 920376 1"�_ -,!.*4.7.??' �+'iaT£V�Y 'A Y • 40 22 TERN 4D --Art!..,.:"*„.,!...c:: -.....,R " t .,S.�S -.`yE5 C 5 ,1 [`. y •-,:•, ..$1,...,,:::.;..!,' -� pS • 4%'s .: G yY u� - �L �, 5 _ '3'.3: •4if 'fir "GI` � l' ....,_______,- ,,E4 �_~'� d. K� ;xa�� ,:-:.41,,,.....±.n,. WPB ''-'-₹ ,X° '.�^ ? `r Tye' fY. ^ ; � , 71•t 765:.6+_ - 60 8 i '�li tifi 71--..',-4-,,t, ` 4t� q ,u - ', : '. Milliken ':' u:ft ' .rx 12 69 10 Sly i 11 72 pr. 47 1 11 ,�i 22 3 I1 OP $ t• _ �"`'' THOMPSON O/TC• f t a 7� {�R • / 'L Py, �" F ' kral# t`y s ^ may, a. ck .y;,W' n. 'a „- e✓f�"ri '"` 5" 52 " T ! q.�.." ;.'le• .,. ' .1 j7 ,z �� •.Y� i Yl.+ .� l 3 �)RrY I �i .�1� . ✓33 13""$ J ,y 79 33 f .`y; '+5a -4 -44;31.'.�i 41 C[t r„� {t t J \ y // . /''" i �t¢ �I�+�).^^ i„./.,A sitY 4;."... }Yf".� ^a Grp e.. y 1c ,A -iw kW rfi- y.. i^ t,, F i ' 3 t r j J('34Iti 1. E4� t� & 5 11a F�p3 34 ' . . ';..;:c.. 16 ,E .` 'c es4 / he C�.F `� ....I w .v i�adJr �• �,4t „i"-",r ` 36 as < „:,,,,,,,,.../4„,„..„ y: 24.... .. . ,./.... , . . ,, , . „,..!-k•;:-.••,i• � �'f ��`Pi® '�• `° «e IM ' `. F a 1• \ y �h}�'.=s: yw ` .r E '.; ,,r. - ... `t 4. .yy 1 .'i'' 3 3�'4 ti .ti ly t' Pr ,,l.. a -'" v_...i.a# Jto Y ;vet: e• +T'1 �f}.1 ! i� / nr. ! `y JJ .5.` 50 79 r y ./-tar;*/- y/w �� : la kaV. ,r t-, �> C r 46 % ,. r2 a'�4Y r. v:i p� \ � 3 'tii 4 W .l / F �c , y P _ y 1 G y27 �CC� t s r� OrtS J "L' • .• ... , : , , 3' 4 - • WELD COUNTY, COLORADO, SOUTHERN PART 3 dug many holes to expose soil profiles. A profile is the The general soil map provides a broad perspective of sequence of natural layers, or horizons, in a soil; it ex- the soils and landscapes in the survey area. It provides a tends from the surface down into the parent material, basis for comparing the potential of large areas for which has been changed very little by leaching or by the general kinds of land use. Areas that are, for the most action of plant roots. part, suited to certain kinds of farming or to other land The soil scientists recorded the characteristics of the uses can be identified on the map. Likewise, areas of soils profiles they studied, and they compared those profiles having properties that are distinctly unfavorable for cer- with others in counties nearby and in places more distant. tain land uses can be located. Thus, through correlation, they classified and named the Because of its small scale, the map does not show the soils according to nationwide, uniform procedures. kind of soil at a specific site. Thus, it is not suitable for After a guide for classifying and naming the soils was planning the management of a farm or field or for select- worked out, the soil scientists drew the boundaries of the ing a site for a road or building or other structure. The individual soils on aerial photographs. These photographs kinds of soil in any one map unit differ from place to show canals, buildings, field borders, roads, and other place in slope, depth, stoniness, drainage, or other charac- details that help in drawing boundaries accurately. The teristics that affect their management. soil map at the back of this publication was prepared from aerial photographs. 1. Midway-Shingle The areas shown on a soil map are called soil map units. Shallow, moderately sloping to strongly sloping, well Some map units are made up of one kind of soil, others drained clays and loans formed in residuum front cal- are made up of two or more kinds of soil, and a few have careous shale little or no soil material at all. Map units are discussed in This moderately to strongly sloping map unit is in the the sections "General soil map for broad land use southwestern part of the survey area. It is on the ridge planning" and "Soil maps for detailed planning." crests and side slopes along Coal Creek and its While a soil survey is in progress, samples of soils are drainageways. It makes up less than 1 percent of the taken as needed for laboratory measurements and for en- total acreage. About 40 percent is Midway soils, 35 per- gineering tests. The soils are field tested, and interprets- cent is Shingle soils, and 25 percent is soils of minor ex- tions of their behavior are modified as necessary during tent. the course of the survey. New interpretations are added Midway and Shingle soils occupy similar positions on to meet local needs, mainly through field observations of the landscape. Midway soils have a clay surface layer and different kinds of soil in different uses under different underlying material. Shingle soils have a loam surface levels of management. Also, data are assembled from layer and clay loam underlying material. Both soils are other sources, such as test results, records, field ex- underlain by calcareous shale at depths of 10 to 20 inches. perience, and information available from state and local Minor in this unit are the well drained Renohill and specialists. For example, data on crop yields under Ulm soils. There are also small sandstone outcrops. defined practices are assembled from farm records and This map unit is used mainly for rangeland. Small areas from field or plot experiments on the same kinds of soil. have been cultivated. Shallowness is the main limitation But only part of a soil survey is done when the soils in farming. The potential is fair for development of ran- have been named, described, interpreted, and delineated geland wildlife habitat. on aerial photographs and when the laboratory data and other data have been assembled. The mass of detailed in- 2. Ulm-Nunn formation then needs to be organized so that it is readily Deep, level to gently sloping, well drained clay barns and available to different groups of users, among them far- loanzs formed in alluvial and eolian deposits mers, managers of rangeland, engineers, planners, developers and builders, homebuyers, and those seeking This level to gently sloping map unit is on plains and recreation. old terraces in the southwestern part of the survey area. It makes up about 1.5 percent of the total acreage. About 40 percent is Ulm soils, 35 percent is Nunn soils, and 25 General soil map for broad land use percent is soils of minor extent. planning Ulm soils occupy the higher, gently sloping areas, and Nunn soils the more nearly level areas or the swales. Ulm The general soil map at the back of this publication soils have a clay loam surface layer and a clay loam sub- shows, in color, map units that have a distinct pattern of soil. soils and of relief and drainage. Each map unit is a unique Minor in this unit are the well drained Renohill and natural landscape. Typically, a map unit consists of one or Wiley soils and the moderately well drained Heldt soils. more major soils and some minor soils. It is named for This map unit is used mainly for irrigated and nonir- the major soils. The soils making up one unit can occur in rigated cropland. Some areas are still in rangeland. Slow other units but in a different pattern. permeability is the main limitation in farming. The poten- 4 SOIL SURVEY tial for urban development is only fair to poor. The main This nearly level to moderately sloping map unit is on limitations are moderate to high shrink swell, low plains and alluvial fans throughout the survey area. It strength, and slow permeability. The potential is fair for makes up about 23.5 percent of the total acreage. About development of openland wildlife habitat. 35 percent is Olney soils, 20 percent is Kim soils, 15 per- cent is Otero soils, and 30 percent is soils of minor extent. 3. Weld-Colby The soils in this map unit occupy the same relative Deep, nearly level to moderately sloping, well drained positions on the landscape (fig. 2). Olney soils have a loams formed in calcareous eolian deposits loamy sand or sandy loam surface layer and a sandy clay loam subsoil. Kim soils have a loam surface layer and This nearly level to moderately sloping map unit is on loam and fine sandy loam underlying material. Otero soils plains mainly in the southeastern part of the survey area. One small area is in the west central part. The unit makes have a sandy loam surface layer and fine sandy loam un- up about 10 percent of the total acreage. About 50 per- derlying material. cent is Weld soils, 35 percent is Colby soils, and 15 per- Minor in this unit are the well drained Ascalon, Nelson, cent is soils of minor extent. Thedalund, and Vona soils. Weld soils occupy the broad nearly level areas. Colby This map unit is used for irrigated and nonirrigated soils occupy the steeper side slopes. Weld soils have a cropland and for rangeland. The potential is good for loam surface layer and a clay and clay loam subsoil. Colby urban development and fair for wildlife habitat. soils have a loam surface layer and silt loam underlying 6. Otero-Thedalund-Nelson material. Minor in this unit are the well drained Adena and Kim Deep and moderately deep, nearly level to moderately soils. sloping, well drained sandy loamy and clay loams This map unit is used mainly for cropland. About 65 formed in alluvium and eolian deposits and in residuum percent is nonirrigated. Winter wheat is the principal from shale and sandstone crop. If irrigated, the soils are well suited to all commonly This nearly level to moderately sloping map unit is on grown crops. The potential is fair for development of openland wildlife habitat. plains in the north-central part of the survey area. It makes up about 3 percent of the total acreage. About 35 4. Wiley-Colby-Weld percent is Otero soils, 25 percent is Thedalund soils, 25 percent is Nelson soils, and 15 percent is soils of minor Deep, nearly level to moderately sloping, well drained silt extent. • loamy and loamy formed in calcareous eolian deposits Otero soils are on the nearly level or smoother side This nearly level to moderately sloping map unit is on slopes. Thedalund and Nelson soils are intermingled and plains in the west-central and southwestern parts of the are on the steeper side slopes. Otero soils have a sandy survey area. It makes up about 5.5 percent of the total loam surface layer and fine sandy loam underlying acreage. About 30 percent is Wiley soils, 30 percent is materiaL Thedalund soils have a loam surface layer and Colby soils, 15 percent is Weld soils, and 25 percent is underlying material. Shale is between depths of 20 and 40 soils of minor extent. inches. Nelson soils have a fine sandy loam surface layer Wiley and Colby soils form an intermingled complex and underlying material. Sandstone is between 20 and 40 pattern on the steeper side slopes. Weld soils are along inches. the narrow ridgetops and on the nearly level side slopes. Minor in this unit are the well drained Kim, Renohill, Wiley soils have a silt loam surface layer and a silty clay Terry, and Vona soils. loam subsoil. Colby soils have a loam surface layer and This map unit is used mainly for irrigated cropland. Soil silt loam underlying material. Weld soils have a loam stir- depth is the main limitation in farming and urban face layer and a clay loam subsoiL development. The potential is fair for development of Minor in this unit are the moderately well drained openland wildlife habitat. Heldt soils and the well drained Nunn and Ulm soils. This map unit is used mainly for cropland. About 70 7. Tassel-Thedalund-Terry percent is irrigated and is well suited to all commonly Shallow to moderately deep, gently sloping to strongly grown crops. In nonirrigated areas, winter wheat is the principal crop. The potential is fair for urban develop- sloping, well drained sandy foams to clay loamy formed ment. Moderately slow in residuum from sandstone and shale permeability is the main limita- tion. The potential is also fair for development of open- This gently sloping to strongly sloping map unit is in land wildlife. the western part of the survey area, adjacent to and s. Olney-Kim-Otero in- cluding the sandstone breaks along some of the major streams. It makes up about 1 percent of the total acreage. Deep, nearly level to moderately sloping, well drained About 50 percent is Tassel soils, 20 percent is Thedalund sandy foams and loanis formed in mixed alluvium and soils, 20 percent is Terry soils, and 10 percent is soils of eolian deposits minor extent. 9701,76 Hello