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RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A COMMERCIAL USE (VEHICLE SALES ESTABLISHMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - LEROY BELLMORE 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 16th day of June, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of LeRoy Bellmore, 14495 Weld County Road 100, Nunn, Colorado 80648, for a Site Specific Development Plan and Special Review Permit for a commercial use (vehicle sales establishment) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SW** of Section 28, Township 9 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, LeRoy Bellmore, said applicant, was present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: PL0912 930524 pcog i t - SPECIAL REVIEW PERMIT - BELLMORE PAGE 2 a. The proposed use is consistent with the Urban Growth Boundary Goals and Policies of the Weld County Comprehensive Plan. The proposed use is north of and adjacent to the Town of Nunn. The Nunn Board of Trustees has reviewed this proposal and recommended approval. b. This use is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. c. The proposed use will be compatible with the surrounding land uses which include agricultural production, State Highway right-of-way, and property within the Town of Nunn. d. The proposed use will be compatible with the future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the Town of Nunn. The Town of Nunn has no objections to the proposed use. e. No overlay districts affect the site. f. No prime agricultural land will be taken out of production for the proposed use. g. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a commercial use (vehicle sales establishment) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 930524 SPECIAL REVIEW PERMIT - BELLMORE PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of June, A.D. , 1993. J/J� BOARD OF COUNTY COMMISSIONERS ATTEST: j,��/ 0 WELD COUNTY, COLORADO •va 42v Weld County Clerk to the Board Constance L. H bert,'Clhairman BY: /+�///L Deputy Cle to the Bbara, �-� W. H ebster, Pr Tem APPROVED AS TO FORM: , org . Baxter\6{11:)County Attorney Da . Hall Barbara J. Kirkmey 930524 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LEROY BELLMORE USR #1011 1. The Site Specific Development Plan and Special Review Permit is for a commercial use (vehicle sales establishment) 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. The maximum permissible noise level shall not exceed the commercial limit of 60 dB(a) , as measured according to 25-12-102, Colorado Revised Statutes. The grain bins and associated drying equipment shall be exempted from the 60 dB(a) noise level. 6. Adequate toilet facilities shall be provided for the public. 7. An individual sewage disposal system, which may include a vault system, is required for the proposed facility, and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 8. The Individual Sewage Disposal System Permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 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. 930524 DEVELOPMENT STANDARDS - BELLMORE PAGE 2 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. 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. 930524 HEARING CERTIFICATION DOCKET NO. 93-35 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A COMMERCIAL USE (VEHICLE SALES ESTABLISHMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - LEROY BELLMORE A public hearing was conducted on June 16, 1993 at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated May 26, 1993, and duly published June 3, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of LeRoy Bellmore for a Site Specific Development Plan and Special Review Permit for a commercial use (vehicle sales establishment) 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 Bellmore, applicant, stated he started to down-scale his farming operation and was informed he needed a permit. Since then he has been asked to consign, buy, and sell farming equipment and automobiles. He said all buildings are existing, and he is not allowed to sell more than three autos per year. Mr. Bellmore said the land is non-agricultural. He confirmed for Commissioner Hall that all Conditions of Approval and Development Standards are agreeable. There was no public testimony offered concerning this matter. Commissioner Webster moved to approve the request of LeRoy Bellmore for a Site Specific Development Plan and Special Review Permit for a commercial use (vehicle sales establishment) in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. This Certification was approved on the 21st day of June, 1993. APPROVED: ATTEST: Q4 ,'/ /Pa BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to th Board By: l� ,4,4t-e-„,///a_ Constance L. rbe rf, Chairman Deputy Clerk to the Boa W. H. Webster, Prr�Tem - TAPE #93-21 `7/+ eorge,E. Baxter DOCKET 1193-35 V Dale K. Hall / PL0912 ' /� ! a Barbara J. Kirkmey r 930524 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 16th DAY OF June 1993: DOCKET 11 93-35 - Special Review Permit, LeRoy Bellmore • DOCKET U 93-41 - Liquor renewal, Ronad Fahrenholtz, dba CJ's Liquors DOCKET P 93-33 - Substantial Change, Dallas L. Schneider (Joed Corp) DOCKET II 93-34 - Mended Special Review Permit, Art's Fertilizer Company, Inc. DOCKET II 93-36 - Special Review Permit, Burl Van Buskirk PLEASE write or print your name legibly, your address and the DOCKET II (as listed above) or the name of the applicant of the hearing you are attending. //NAAMy"E/�- ADDRESS 3 r HEARING ATTENDING S.- 129e�.z S2 ..—ree.1 /© C> ) �,Q Ruts Qc n'AI dzc�r t �y PO}2,, // J EX /e ! , ^ lc 0O1p 13.eke-✓vw.< ; 344c re) ClZ 10 NUrvvv if 9'3 7E,?,Zyri LEo,yi1A,Zi _55 /1At.7�c Ai LaAi6en -0n.7 43 Sek/Ir ,,�s*;r'�t_ os\c - 79 S1c �L cj≥ ig/f� Lon%rn6rc Q13 32( C)&Cen„. (?Lt4yag Coo at-pro-n/1 2r 1v-t— t2 g c. ,j i �7� �j Pe xt, .--citaes_ .se. ��0 /kJ !` /e 11P LGN I MUy/ en<_'c� / lq3- 93 L 1 " C ' .Lo0 �(�'J�/ S (Y .C,AHC 'Mil. HO/ / el 3-311 930524 NOT I C E The Board of County Commissioners of Weld County, Colorado, on June 16, 1993, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: LeRoy Bellmore 14495 Weld County Road 100 Nunn, Colorado 80648 LEGAL DESCRIPTION: Part of the SW* of Section 28, Township 9 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A commercial use (vehicle sales establishment) in the A (Agricultural) Zone District SIZE OF PARCEL: 7 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: Si Deputy C rk to the Board PUBLISHED: June 24, 1993, in the Windsor Beacon 930524 H4= right pursuant to AFFIDAVIT OF PUBLICATION 'Article 88 of Title The Board of 24, C.R:S., as STATE OF COLORADO Count y amended, for a ss Commissioners of period of three COUNTY OF WELD Weld • County, years. Colorado, on June I, KEITH HANSEN, of said County of Weld, being duly 16, 1993, APPLICANT: sworn,say that I am publisher of conditionally LeRoy Bellmore, approved a.Site 14495 Weld WINDSOR BEACON se e cif i s County Road 100, Development Plan Nunn, Colorado a weekly newspaper having a general circulation in said and Special '80648 County and State, published in the town of WINDSOR, Review Permit for in said County and State; and that the notice, of which the property and LEGAL the annexed is a true copy, has been published in said purpose described. DESCRIPTION: weekly for_/ successive weeks, that the notice b e I o w Part of the SW1/4 was published in the regular and entire issue of every Conditional of Section 28, number of the paper during the period and time of approval of this Township 9 North, publication, and in the newspaper proper and not in a plan creates a ROMP 86.West of supplement, and that the first publication of said notice vested property the eth P.M.. Weld was in said paper bearing the date of the County,Colorado oVilk day of s. , AD., 19 ref and TYPE AND the last publication bearing the date of the INTENSITY OF APPROVED USE: day of , A.D., 19_ and A commercial use that the said WINDSOR BEACON has been published (vehicle sales continuously and uninterruptedly for the period of 5 establishment) in consecutive weeks,in said County and State, prior to the the A (Agricultural) date of first publication of said notice, and the same is a Zone District newspaper within the meaning of an Act to regulate printing of legal notices an advertisements, approved SIZE OF May 18, 1931, and all prior is r as in force. PARCEL: 7 acres, • more or less Failure to abide by P LISHER the terms and q Pt conditions of Subsc ' d and sworn to before me this_�/ day approval will result of 19fr'S in a forfeiture of ) � oe ` * a the vested NOTARY PUBLIC property right. BOARD OF My commission expires 9-7_327 Z, ' � 9G COUNTY COMMISSIONER S, WELD COUNTY , COLORADO BY: DONALD D. WARDEN, CLERK TO THE BOARD BY: SHELLY K. MILLER, Dew* Clerk to the Board Published in the Windsor Semen on June 24,Mt NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 93-35 APPLICANT LeRoy Bellmore 14495 Weld County Road 100 Nunn, Colorado 80648 DATE: June 16, 1993 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for a commercial use (vehicle sales establishment) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SWi of Section 28, Township 9 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: The northwest corner of the intersection of Weld County Road 100 and State Highway 85; adjacent to the north side of the Town of Nunn BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: May 26, 1993 PUBLISHED: June 3, 1993 in the Windsor Beacon 930524 AFFIDAVIT OF PUBLICATION NOTICF YraeL,;Cslnade: STATE OF COLORADO Pursuant to the zoning B0CMETTN0:9335 SS laws of the State of COUNTY OF WELD Co!cradc and the Weld APPLICANT: LeRoy County Zoning BeiWore, 14495 Weld ":;finance, a public County Road 100, I, KEITH HANSEN, of said County of Weld, being duly h^Trine, w`il rw held ^ Nunn,Colorado 60948 sworn,say that I am publisher of theBo C'-rd t g ty �D'ATT y 16,1990 Cormadthimei= WINDSOR BEACON +CoulIK TIME:10110 a.m. CCounp Cerilltheillal a weekly newspaper having a general circulation in said Center. 1N 10th REQUEST: A Site County and State, published in the town of WINDSOR, Strut, First Floor, SPecitl Development Oreeky.colons°.at Plan and Special in said County and State; and that the notice, of which the time specified Al Review Permit for a the annexed is a true copy, has been published in said persons mmercial uu weekly for j_ Interested any maw cosuccessive weeks, that the notice Interested In the see (vehicle sates was published in the regular and entire issue of every Specific Development establishment) in the A (Agricultural)• and Special (Agricultural) Zone number of the paper during the period and time of Review Permit are DIM" - publication, and in the newspaper proper and not in a requested to Mend and supplement, and that the first publication of said notice LEGmay be healthPart L ��� was in said paper bearin the date of the Part of the SW1/4 of P P g Should the aOpNnrd or Section 28.Township e North, Range SS Wed 3/'.1 day of 9/. , A.D., 19 3 and any interested parry of the 6th P.M.,Weld sin 9 dadre the presence of County,Colorado the last publication bearing the date of the ■ court reporter to make record of the O dN: - The day of , A.D., 19_ and to the taped record m P n�tia, record mued°a mend LOCATIar of the published the said WINDSOR BEACON has been intersection of Weld which will be kept continuously and uninterruptedly for the period of 5 during the homing,the County Road 100 and Clerk to the Board's State Highway 86; consecutive weeks,in said County and State, prior to the office email no ensued .adjacent to the north date of first publication of said notice, and the same is a inangofsuchwhin side of the Town of newspaper within'the meaning of an Act to regulate at lend fits days prior Num printing of legal notices an advertisements, approved to the TM BOARD OF COUNTY May 18, 1931,and all prior is r as in force. cost of engag engaging a COMMISSIONERS, court reporter slam be • boa byga WELD COUNTY, catty. COLORADO BE IT ALSO KNOWN BY: DONALD D. P LISHER that the text ant maps WARDEN, WELD G��f so mimed by fine Weed COUNTY CLERK TO Subscri d(and�,� sworn to before me this Z/ �K" day County Planning be THE BOARD of '" w. .c.. 19 g3 Commission may be examined in the mane BY: Linda M. Dodge, of the Clerk to the Deputy Clerk to the ( .4,O,� 0 • - l s�t»vd Board of County Board NOTARY PUBLIC Commissioners_ Published In the located In 1M Will Windom Beeson en My commission expires ,2,, (% 9 6 County CeMeriMsl Jane A 1aM. Center, ftf tie Street, Tied Rem, CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-35, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 28th day of May, 1993. Depu y Clerk to the Bo d Ernest and Vinnie M. Underdown 14228 Weld County Road 100 Nunn, CO 80648 Paul and Norma Barnaby PO Box 657 Eaton, CO 80615 Claude M. and Genevieve Shaull Rural Route Box 114B Nunn, CO 80648 Judith A. Hobart Route One Box 48 Nunn, CO 80648 James T. and Kathleen Turner Box 42 Nunn, CO 80648 Richard C. and Kathleeen Panteleo 14300 Weld County Road 100 Nunn, CO 80648 LeRoy Bellmore 14495 Weld County Road 100 Nunn, CO 80648 930524 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING May 18, 1993 Page 3 CASE NUMBER: USR-1011 APPLICANT: Leroy Bellmore REQUEST: A Site Specific Development Plan and a Special Review permit for a Commercial Use (Vehicle Sales Establishment) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: The northwest corner of the intersection of Weld County Road 100 and State Highway 85; adjacent to the north side of the Town of Nunn. Leroy Bellmore, applicant, explained he has owned agricultural land for a long time and wants to buy and sell autos, farm equipment, and heavy equipment. The Chairperson asked if the applicant agreed with staff's recommendation. Leroy Bellmore said he had no problem complying with staff's recommendation, but during the month of July the noise level restrictions may exceed 60 dB(a) around the grain bins. Bud Clemons asked where the grain bins were located. Leroy Bellmore said they are on the north side of the Town of Nunn. Chuck Cunliffe suggested they raise the noise level restrictions and he would check with the Health Department fefore the Board of County Commissioners meeting. Leroy Bellmore said they have been drying grain for the last 30 years. Bill O'Hare moved to amend Development Standard Number 5 to read: 5. The maximum permissible noise level shall not exceed the commercial limit of 60 dB(a) , as measured according to 25-12-102, Colorado Revised Statutes. The grain bins and associated drying equipment shall be exempted from the 60 dB(a) noise level. Richard Kimmel seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bud Clemons moved Case Number USR-1011, Leroy Bellmore, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Tom Rulon seconded the motion. ex_h /i f e 930524 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING May 18, 1993 Page 4 The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. CASE NUMBER: USR-1013 APPLICANT: Greeley Cellular Telephone Company REQUEST: A Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility (Cellular Telecommunications Facility) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 32, T3N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: Part of the SW4 of Section 32, T3N, R63W of the 6th P.M. , Weld County, Colorado. Alan Woydziak, representative, Greeley Cellular Telephone Company, explained USR- 1013 and USR-1014 are both requests for cellular telecommunication facilities to include a 250 ft guyed tower, 12' x 28' equipment building, and various antennas. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bud Clemons moved Case Number USR-1013, Greeley Cellular Telephone Company, be approved. Bill O'Hare seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. CASE NUMBER: USR-1014 APPLICANT: Greeley Cellular Telephone Company REQUEST: A Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility (Cellular Telecommunications Facility) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 9, T4N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles south of Hardin, Colorado. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 930524 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution, with the amendment to Development Standard Number 5, be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1011 NAME: Leroy Bellmore y ADDRESS: 14495 Weld County Road 100, Nunn, Colorado 80648 REQUEST: A Site Specific Development Plan and a Special Review permit far a Commercial Use (Vehicle Sales Establishment) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: The northwest corner of the intersection of Weld County Road 100 and State Highway 85; adjacent to the north side of the Town of Nunn. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposed use is consistent with the Urban Growth Boundary goals and policies of the Weld County Comprehensive Plan. The proposed use is north of and adjacent to the Town of Nunn. The Nunn Board of Trustees has reviewed this proposal and recommended approval. This use is consistent with the intent of the A (Agricultural) zone district and is provided for as a use by special review. The proposed use will be compatible with the surrounding land uses which include agricultural production, State Highway right-of-way, and property within the Town of Nunn The proposed use will be compatible with the future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the Town of Nunn. The Town of Nunn has no objections to the proposed use. No overlay districts affect the site. f ;421 B 930524 RESOLUTION, USR-1011 LeRoy Bellmore Page 2 No prime agricultural land will be taken out of production for the proposed use. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission' s recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Motion seconded by Tom Rulon. VOTE: For Passage Against Passage Richard Kimmel Tom Rulon Bill O'Hare Judy Yamaguchi Shirley Camenisch Bud Clemons 930524 RESOLUTION, USR-1011 LeRoy Bellmore Page 3 The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on May 18, 1993. Dated the 18 ril, 1993. Sharyn F. Ruf Secretary 930524 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LeRoy Bellmore USR-1011 1. The Site Specific Development Plan and Special Review permit is for a Commercial Use (Vehicle Sales Establishment) 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. The maximum permissible noise level shall not exceed the commercial limit of 60 dB(a) , as measured according to 25-12-102, Colorado Revised Statutes. The grain bins and associated drying equipment shall be exempted from the 60 dB(a) noise level. 6. Adequate toilet facilities shall be provided for the public. 7. An individual sewage disposal system, which may include a vault system, is required for the proposed facility and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 8. The individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 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. 930524 DEVELOPMENT STANDARDS, USR-1011 LeRoy Bellmore Page 2 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. 930524 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: LeRoy Bellmore Case Number: USR-1011 Submitted or Prepared Prior to Hearing At Hearing 1. Application 18 pages X 2. Application plat 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. 3 DPS Maps Prepared by Planning Technician X 8. Affidavit of Publication X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Letter dated April 22, 1993, from Colorado X Department of Transportation 12. Planning Commission member's field check dated X April 2, 1993 13. Memo dated March 14, 1993, from Weld County X Health Department 14. Referral response dated April 14, 1993, from X West Greeley Soil Conservation District 15. Referral response dated April 13, 1993, from X Weld County Engineering Department I hereby certify that the 15 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 May 19, 1993. `/v` 1y1,\\ ��/t/ 1C4IiL/ Chuck Cunliffe, D" irecto��` STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THISIC- day of 19 "" SEAL e ...../040, NO Y PUBLIC 'T :Canissicrevi My Commission Expires =� •''•. 0 � o xi):k!- A} 5�9tfO5 t4 EXHIBIT INVENTORY CONTROL SHEET Case /� L��„y &3&//),2 Exhibit Submitted By Exhibit Description/,, ,579 A. //Q/2J2J.I y S � de,-/ 7y/ D7 /77e/74.5 *-5 9 B. /ar1sliny (Cj77-2m2S$'e--7/ 5-4uGZ f/6'ce-72 Irtia l 49C. ��Q2?/I//y 61'7/12/5 S/G?7 t/)7rYIGL/`V /J/4af--/t1 q .�.5 D. Cr� 71d //Le- /.-43GQ/a Nd T/f. //(4 -/71-2.7 E. F. G. H. I. J. K. L. M. N. 0. P. 4- • R. S. T. U. V. W. X. Y. Z. 930524 DATE: May 18, 1993 CASE NUMBER: USR-1011 NAME: Leroy Bellmore ADDRESS: 14495 Weld County Road 100, Nunn, Colorado 80648 REQUEST: A Site Specific Development Plan and a Special Review permit for a Commercial Use (Vehicle Sales Establishment) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: The northwest corner of the intersection of Weld County Road 100 and State Highway 85; adjacent to the north side of the Town of Nunn. 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 proposed use is consistent with the Urban Growth Boundary goals and policies of the Weld County Comprehensive Plan. The proposed use is north of and adjacent to the Town of Nunn. The Nunn Board of Trustees has reviewed this proposal and recommended approval. This use is consistent with the intent of the A (Agricultural) zone district and is provided for as a use by special review. The proposed use will be compatible with the surrounding land uses which include agricultural production, State Highway right-of-way, and property within the Town of Nunn The proposed use will be compatible with the future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the Town of Nunn. The Town of Nunn has no objections to the proposed use. No overlay districts affect the site. No prime agricultural land will be taken out of production for the proposed use. 930524 RECOMMENDATION, USA-1011 LeRoy Bellmore 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 930524 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LeRoy Bellmore USR-1011 1. The Site Specific Development Plan and Special Review permit is for a Commercial Use (Vehicle Sales Establishment) 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. The maximum permissible noise level shall not exceed the commercial limit of 60 dB(a) , as measured according to 25-12-102, Colorado Revised Statutes. 6. Adequate toilet facilities shall be provided for the public. 7. An individual sewage disposal system, which may include a vault system, is required for the proposed facility and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 8. The individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 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. 930524 DEVELOPMENT STANDARDS, USR-1011 LeRoy Bellmore Page 2 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. 930524 LAND-USE APPLICATION SUMMARY SHEET Date: May 11, 1993 CASE NUMBER: USR-1011 NAME: LeRoy Bellmore ADDRESS: 14495 Weld County Road 100 Nunn, CO 80648 REQUEST: A Site Specific Development Plan and a Special Review permit for a Commercial use (Vehicle Sales Establishment) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: The northwest corner of the intersection of Weld County Road 100 and State Highway 85; adjacent to the north side of the Town of Nunn. SIZE OF PARCEL: 7.0 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services staff has received responses from the following agencies: 1. Weld County Health Department. 2. Weld County Engineering Department. 3. Colorado Department of Transportation. 4. Town of Nunn. 5. West Greeley Soil Conservation District. The Department of Planning Services' staff has not received a response from the Nunn Fire Protection District. The Department of Planning Services' staff has not received any objections from surrounding property owners. 930524 i b I v I _ ' II • 1 33A - , )•, )1 )� ,3 I 2. I a 31V SS Sa 3• ' C. Se � v V i I 3 I I I. • �i� .� 5 I • ' n. I I ;1 \ Al so II 2I 0 i , III II I I 1 .. I 1 e 1'( I , 22 I 1•i Ixo z1 22‘‘Z): 2 e 21 x• \f x \1, I. I xa kt N A x♦ / 22 • \ • 2,o Irk., -2•\ x, ' I x• • x5 30 23 x• I IS, 2• 29 , 30 s 29 ) I I 31 < '• ,1 36 3• f0'•i 1 23 I y_:4 • ]s ,• 3 34 1 I • o ' I I� • \ k 6 • C \ ,` I • 1 1 • \ \ I' I G 16 A • 1' • Is I20 ' x % •22._ \ I x % 22 2 I o 2 "1 12 \ I • I1 - a- --- - - - • • I `,N I:• "2 z j 29 2• 27 1y1 • , r N \\ ] • 4r; it • xl 4 51 31 am ce 11 �! e2-45 4•o^* IMuxn • ni' 34 35 ,Correction Second 1 ! _••_ ._ _ ___ _ _.__;_ _- _-_ _ 1 .cyir- �, \\ I S , 2 1 • • 3 2 I > 1 , • . 11`. 1 1 • • -- '1 I• \ i Id ej 1. is eo e , I Pr \\ • 11 __ \-.1. 2• f xp ! r l ' 22 fi ,,,_!?_,A-, ,____24/ \1'.j1\\ H\ : 20 • • 22 19 20 \ xl 1 \23/� I,v 1�\ , �{. . l Y 11 •v ��- •1 - -•__ _ I <:.�• ..6.4C sit` . I, .� . 0 • -"Cr ) :`\ 2•F 1 27 26 26 �0 1 E9 2 C1.PIERCE M 1l1 26 1• .,. • v e• • viv en• • ]1 Iv. vvv'•Ss a:••) •I 32-et) �a ]] .�� s♦ 3• u 1 Sa )• E a al • l s1 .�. 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' ,l tr. 4 `r4.. aL Y if: f t la A• s T. t,teR -......,, • A , •. .1,!:,.... ..,, to k ‘ ic:-; : - .....„‹, ., .... ..tt ni,,_, •.,..,.;. : • .. ..„... n z" / v�ak .+wi : ..". . . . . • () ........ . . . •• 4,,,,,.. . , a • 3! ... . • .. . -c.,t est..:,........ 044 • y e. cart t . . j • 1* c ".., st .......2:Lia______7_— -- • ••. .•..4.i."7:-.-.1. 14. ..'ti 7....,.7';' ..), . vs. •, .. J% .fir 3� • at 'YlIF'y' a4 y �SA yh } .µi.•gyp µµ i L yr ....sYbfL . :a ..t f ik'{4t W+ Y ]' x. �. ` 4 k • j t�k USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number IASR - tot Date Received 4! i q3 Application Check d by C4 ,' Mylar plat submitted Application Fee 10670,00 Receipt Number 1gl2Z 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 28 T 9 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: SWT Section 28 T 9 N, R 66 w Property Address (if available) 14495 WCR 100, Nunn, CO 80648 PRESENT ZONE agriculture OVERLAY ZONES TOTAL ACREAGE seven (7) PROPOSED LAND USE Buying and selling nf items as par sperific dnvelnpament plan. EXISTING LAND USE Storage nf Agriculture rnmmities and Farm and Tndnstrial related items SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: LeRoy A Rellmnra Address: laags ,mow r 'nu City Nunn Zip80648 Home Telephone # 897_2252 Business Telephone # 897-2500 Name: Peggy J. Bellmore Address: 1AA95 w_C. 100 City Nun Zip 80648 Home Telephone # 897-2252 Business 11'elephone 1l 897-2500 APPLICANT OR AUTHORIZED AGENT jjf different than above) : Name: Address: City Zip Home Telephone # Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Roy E. Turner and Anita E. Turner Address: 1L5 Tinda sus_ Lane City Northglenn Zip Name: Ernest R. Underdown and Vinnie M. Underdown Address: 1A99R w r 'no City Nunn Zip 80648 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) n 4 ��GP Signature/: Owner or Authorized -Agent Subscribed and sworn to before me thisl (day 1993 �1 Y, PURL My commisflon .agues Nlr CmhesNCSenter21,1935 h y V D '•: s I APR U 1 1993 \.1 0 t ' l, L � ,•',fit. :p �C s�,� ......g�F 930524 ARd144294 B ' 3 EEC 02134294 03/17/88 10:53 $3.l 1/001 F . MARY ANN FEUERSTEIN CLERIC & RECORDER NI;—D CO, CO P VV 1THISDEEB. Maee tma 17th day or February 39 88 IIbetween I ALICE B. BELLMORE Il • II of the County of Weld and state of1. Colorado,of the first part,and LEROY A. BELLMORE li whoaelegaladdreeia 13480 Weld County Road 100, Nunn, Colorado 80648 II of the County of Weld and state of IIi Colorado of the'ecund part, WITNESSETH,That the'aid part y of the first part,for and in consideration of the en of II m ONE DOLLAR AND OTHER VALUABLE CONSIDERATION to the said part of the soin hand paid by the said partvemxer ofli is hereby confessed ands ckn part dey of QUIT UrI Cpart.the LAIMED receipt by eyes! acknowledged,convey,ey9 remised,QUITCLAIM released,sold, de part and of CLAIMED. ni Oreae presents does ramlee,release,sell, and QDIT CLAIM unto the said y the second part, 1115 heirs,u ceaere and a' ' s,forever, right,title,interest,claim and demand which the said party of the first part Resigns, all the ha c s in and to the following described lot er parcel of land situate,lying and being in the of Weld • Wand State of Colorado,to wit: C"°"tY, An undivided one-half interest in and to the following: A tract of land situate in the Southeast corner of the Southwest quarter of Section 28, in Township 9 North, Range 66 West of the II 6th P.M., for which the point of beginning is on the South boundary line of said quarter section of land at a point where the West line of the Union Pacific Railroad right-of-way intersects l the said South boundary line, and northerly along the said West line of said right-of-way a distance of 361.5 feet, and thence II West a distance of 161.5 feet to the true point of beginning; ll thence West a distance of 200 feet; thence southerly a distance of 361.5 feet; thence East a distance of 200 feet; thence northerly a distance of 361.5 feet to the true point of beginning;jI intending hereby to convey to grantee all area by grantor I acquired by and through instruments recorded in Book 1491 at Page 407, Book 1568 at Page 393, and Book 512, Reception No. I I 1433990, Weld County, Colorado records. Jeaxmmmxmp\Mxaxel.,a px.gx ll TO HAVE AND TO HOLD the ame,together with all and singular the appurtenances belonging or in anywise thereunto "ep st ace a land m'whatsoever. of the appertaining,i lwa"do heanlyp0r,peruse,be,efitand anti claim lmhe said rt yt of Ill thedecony rtthii heirs ande assignn lforequity,tptheonlypropernee,benefit and behalf"ltM1e said part of and part,his�eir.anJea;gn.forever. y IN WITNESS WHEREOF,The said party of the first part hay hereunto set herlan•lII l and seal the day and year first above written. �L�j/�/�L/ p ((��JJ`X -7C1ice W.---13e 11m Iles 5t—'. ISBN I H I Signed m Sealed and Delivered the Presence of I [SEA It I' II lSEA I,i 1. STATE OF COLORADO, _-- ' -- --[SEA I.I • ' County of Weld The foregoing in'eromeet was acknowledged before me this III 1988,hy Alice B. Bell more /�`` day of /1�,v /p My commission espiree ,I9 .Witness my hand and official seal. ' . ..1 .'Gu Y;.,, Ii My Commission Expires Feb.11,1992 ;•\..••• r. �i-0� .-- ���S4•z41,4140&1- I I I N .999.QUITCLAIM DORS--reprint el itsorisonramie hillson 1-a Stour hi Ion,P,cor,,-mm+sm ew • 930524 AKd4'1'ISt14 I' 114th (:r.'l 02194.51)4 IIli t,'I:'( I'•:'.• I.':n—— F 1070 MARY ANN FEUERSTIiIN CLERK & RF:CORI)t:R Weil) co, CO SPECIAL WARRANTY DEED II TENS Drslg,Made w. 11th day of October ,1489P6 116111 , bnween_IAIITEI) BANK OF 198Y, TRUSTEE OF THE EVA T. VRAI.F TRUST DATED OCTOBER 16, 1987 Slate►�ocernentary Fes Date 144../.:{ ..i.1.i».. ' of the e(arny of Weld .State of Cnlornd".grnmorfa).and LEROY A. BELLMORE wba.legd.dehneei. 13480 Weld County Road 100, Nunn, CO 80648 Odle said Cwnty of Weld .State of Grkwatk..grantee'sy 41 WITNESS TII,Theethe granwrf,i for end Inconidemlion el the elm of One Thousand and no/1.00ths Do tars ($1,000.00) DOLLARS, • the receipt and aufllckncy of which is heeAysk■oaledged.ha a grinned.hrgeined,sobl and cottoned,.td M,hece presents do ea greet, ba.g.in,sett.convey and eononn.woo tk.gnni*e(.). his heirs and insigne firnewe all the real pnM+erty.together with i nnnw.ntem.. if eny,altualc,lying and being i.e. said county of We I cl ,titre of Colorado. described en follow; A tract of land situate in the Southeast corner of the Southwest Quarter (SWl) of Section Twenty-eight (28), Township Nine (9) North, Range Sixty-six (66) West, for which the point of beginning is on the South boundary line of said quarter section t" of land where the West line of the Union Pacific Railroad right-of-way intersects the said South boundary line and northerly along said West line of said right-of-way a distance of 361.5 feet, and thence West a distance of approximately 114.5 ,J feet to the true.point.of beginning; thence West a distance of approximately 47 feet. thence southerly a distance of 361.5 tI\O feet; thence East a distance of approximately 153 feet; thence northwesterly along the West side of the recently established and conveyed Colorado State Highway right-of-way to the true point of beginning, conveying all area conveyed in deed recorded kir in Book 1551, page 192, Weld County Records, not conveyed to M Colorado Highway Department for new right-of—way, and subject. qp`\ to easements, rights of way and restrictions of record. also known by Brest and number ea: T(rI;F.YHER with all and singulr the herediumcnrr and nppunener e+thereto he lonpmp.or III s,vuOr afvRrreillinF.and the reversion end j .everslam,remainder and remainders.rents,issues and profits thereof:end all the ectate,right.title 'merest claim and demand whatsoever of the !I $namnrinl either In law or equity.of,in and on the show bargained pemi.e,.with the hereditament,sod appu,ienanses: TO HAVE AND TO HOLD the said mimes abuse bargained and Knb0d with the appurtenances.onto the granieetsl, his heirs and II ay its or LLCCegni CS assigns(owner.The grantextsl.for it KI I its a gM1f+soothn�it�I.ogresCruouw...e.aeaetn+n.rs.do es crooner,and agree that it shall and will WARRANT AND FOREVER DEFEND the abtwe•burganed'neneise,in ttegniet and 1rncenhk psssessionof the grrReel.). I1 his heirs and.eigm,against all end every person or persons claiming the whole or any pert thereof,by.through Of under the granbolsl IN WITNESS WHEREOf,the grantcn(s)he s executed this deed on the dale eel froth above UNITED BANK OF GREELEY, TRUSTEE. OF THE . EVA T. VEALF. TRUST DATED OCTOBER 16, 19 7 `1 BY: .t/.i L(_+ 1 t). J.u,(.ez_ J-'-s W. Price, Authorized Officer I STATE OF COLORAIXI s1 County of Weld The fnegoing instrument so.acknowledged hobo.roe Ibis 11th dg,np Oct ober Trustee Jof89 9lte by James W. Price, Authorized Officer for United Bank oT Greeley, Eva,.T...Veale Trust Dated October 16, 1987 • �.�:.1 I., N'ttnem my heel rd Medal geol. . /) •`d .. ..,. My spires , e ! I .��:_3�.•:;t,., .,.•V i III rAtCr ,lG-'� _' -j_—'-_'rar.arua�r • • •PU 131.\ • No.16.Rev..1.It5. orocia L WARRANTY Ieggb bearea MUM*.MW W.rA Ow.Iia.CO.sk.-rmt in wit .US 9..p0524 -- 'o'clock M,on -- Book _—Page order AR2281135 I. — - —"— ..cWafraitty6Deed THIS DEED is a conveyance al the real properly described below"including any Impmeemeuta and other eppudenan=es Ilene "Property")tram thetneieidumpL corporenonls),petlnennippl.or Other entity lies)named below as GRANTOR to the nnnnln ie vnllsl 3 The GRANTOR named belowslls GR oonEE w The GRANTOR lien sells and conveys ythexrsperl t'GRANTEE and thethey. taxes theyear thiswhich GRANTEE will pot' any easements dud alnylprotectiveCovnants anddlaldnypetshlwit of reservations and (6)any additional matters who i iri interests undershownolreerra151 any protective covenants end r9mNmmna shown of ro=om,and lal any eddlllonal moues anowl+eelow unadr'Adelnpnal wmneaty Cacept io The Specific Terms of This Deed Are: o Grantor: IGee meleled platelet of residence.itlhespvuse ollhe owner n gretor Ieln tng,n err orei.nseromem an na mamnr Wen'''. inks en'On et' d husband en eve) Pierce Moose Lodge #2280, a Colorado Non-Profit Corporation, aka Pierce Moose Lodge #2280 Loyal Order of Moose, aka Moose Lodge of Pierce #2290. Grantee: loin name's)and add,esete.i,sutemem el Walles,mmudme'.enable read et aneet nomber to iurvndd II.eRoy .� State Documentary Fee 13480 A. Bellmore and Peggy J. Bellmore �_�ta.7-' WCR 100 Dote.7'5-C) -3.--/ Nunn, CO 80648 - 7'5-C • Form of Co-Ownership: di mere are tea o,mere grantees nemee,they will be considered to lain.v)Ienwme.,een.eeme,arse the wom,w" Inlet tenancy,or words of It,same meaning nye added in the space below l in joint tenancy Property Description: Imewde.aunty and stale- Lot "Art of Recorded Exemption No. 045- 3-RE541, recorded trd dWay 18 S 12on M9 8 in Book 968 as Reception No. 1891919, being part of County of Weld, 28, Township 9 North, Range 66 West of the 6th P.M., State of Colorado. S 1329 RISC 02281135 03/17/92 09:57 $5.00 1/001 F 0032 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Peoper:y Address: m.u,mnn dm.sa ii,,,,,,,,,,,, n,• Consideration: (The a emonaneo w, •eeimheaasngt.manraa.cmtn ) r e,aabsenn. .nd.. Reeeraaliaro-ResldeliOflE -nmeONANIon me. id te. .. ,,. ,t downs 1,�n,denarvnal is iesmCling the h lbANIEE3 S91VI nIIt 1'v perY ak'.me ob " ""'^"' None Additional Warranty Exceptions: )induce deeds et nee Tema asaenmd and nine,mallet.nm=o.,,,,ua.+.I None EXVf-klled by ONPCITTIIIII On .December_2-- .iv _3L.. sian'w,e rl Im m and ml:r. Pies rrroo'eeetager�l�°g rithAT�r8ernof Moose, aka Moose Levee oft Pierce #2280, aka Pierce Moose Lodge #2280, a CO Non-profit C p ._ n„..,,d^r N.me Ot er.mon Corpora., er Association > e ,1 .tFn G �42iL G s: �' ., rv_ _ , hn G. Wake Governor ,emnr o Wi3- y�{1F7 s -.s..—Q— 'Vies, __ T:C) F• G - STATE OF COlyil ,e'0 I u. O • l COUNTY OF LD 7nd w December to 91 tOh J Tl.e drege ng was ece,owmged Teae,ne ma cT.l m ay',John G D11ka, Governor, and Wilbur 0. Barris, Secretary, Pierc. Mo se Lod a #22 0, 3�(-�,Ipre' N pr fit Corporation, Pierce Mouse Lodge-#2280'ilyal-bra r of�,e, mrcee�.$�rP�gelid,mnl9lfctosbA oogy 1�edge of Pierce #22 11 _f jis_ tyr, -- ,�— MyOowt!MMM+J'tWw CtnbeC 9r >9Y NHiry Pudic STATE0? Yf,�Iilm.le I as coot IAE V{�y p 1 nn a .tg the ieregomgtnede was acknowledged barer'me this y ay rpLOX e Individual of 11 Granter Is Corporalion.Panne AWsdcielien,tnenmenlilyslgne,s n,n,etede0ler wce prepdamar,asec,amrvo, ensntenl eecretery of ePrgorelrun•or es Wined ut eartnershtr.mv.u ar se eNhdnaed memhe'M of e•.",men,l WITNESS my nand and official seal Nalery Public 11, mm-sawn esplwe. No.xpt e vet UPDATE realer wame l� ljn� /�/r '0,21 OON Ulets-Gngby.CaIpWO80B9R 1�//J� I Y/�n 00sl 354-e3ea ).99 930524 wog APR 301975 7f5 a o'clock f M. , tv I pr .a N,. 17264 c LEE SHINCE rrt It.,,outr. .i RC: N. TIRtNER and ANITA E. TURNER, Husband , and Wife r '— slum Doctmrnmry Pee ' 1 wh\orthgl rm County Sne Lane,45 APR D,,. 301976_ i • I - ..f Adams .State of 4 __ 'J. _ .._- L'� 11 r d t Ideration of other valuably C) I consildk trgn and fen kid ��'Gi _ ____ ,-p i '4,ILa., in hoot paid, hereby sell(t) and convey(s) to • �, FINEST R. JNDERDGWN and VINE M NI . UN-DERISORY, c. in ;tint tenancy ' • • c, hose.,idre..'.s Nunn Cmmty of 0 w n 'ii Weld . ann State of Colorado the following realn I, property in the 0 0 to County of Weld and Statr' of ('o!nrtado, b, wit me 54y of —?ection 28, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colors io EXCEPTING 11—ThEFROM: '- I. A strip of land conveyed to the Greeley—Poudre Irrigation District by cor^ Deed recorded in Book 335, page 396, Weld Cnuaty Records. M M_n _ 'arcels of land as conveyed by Deeds recorded in Book 911, page 232, a , and in Book 1'68, page 243, Weld Count Records.'I, Y 3. Parcel of land and easement as conveyed by Deed recorded in Cook 141), page 134, Weld County Records. 4. Part of the 5141 of Sec. 2E, Thep. 9 N., R. 66W. of thin 6th P.M., beginning at a point on north line from whence gJ'W corner bears South 88 07' W. 1645.3 ft., 1 North 38 07' West 50.32 ft., South 16 6.8' East on westerly Union Pacific Railroad right of way line 363.97 ft.; North 24 12' West 379.7 ft., more o. lets, to point of beginning; also beginning at a pant on North line from whence NW corner nears uth 88 07' West 1515.4 ft; South 1 51' East 341.3 ft. to true beginning, South 1 g 51' East 58.7 ft; North 88°OB' East 23.7 ft.; North 24°12' West 63.6 ft. to 3 true beginning. 1 Reserving unto grantors one—half (i) interest in all oil, gas and other mineral; • '.I on or underlying the said premises. with all its appurtenants s. and warrant(a) the title to the came, sobject to easementa, rights I of way, reservations, restrictions of record or established on the premises• 1976 taxes, payable in 1977, also subject to farm lease to Lynn Shlpps, to harvest S. crop in 1977 and oil, gas and mineral lease. �, ail Signed this 28th day of April ,1p19 76 y yY' ,' Roc E. "tuner1 Anita E. "'ernep' •tj jj I� STATE OF COLORADO, I .f v. P"; ,t (1 unty of Weld o;. CO. ,p, me iu ru� om nl wuv u,4nr wipdgr }Adore nu the, 23th • d2 p r'1. ,1973 .by Roy oy E. .ureter and Arita E. 3'urner, t and We. `'� " A . f � ' Mycomm +wn'expirev 4-16—ail et" Wither np hand and ofli ial o:,I. 14 t, ,r - 5 4r Na 'W 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 Receipt Number Recording Fee Receipt Number TO $.1± COMPLETED AX 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 28 T 9 N, R 66 W LEGAL DESCRIPTICT of contiguous property owned upon which Special Review Permit is proposed: SW-I; Section 28 T 9 N, R 66 W Property Address (if available) 14495 WCR 100, Nunn, CO 8{)648 PRESENT ZONE agriculture OVERLAY ZONES TOTAL ACREAGE seven (7) PROPOSED LAND USE Rttyi ng and l i i ng of i tPm_g nn par epPri f i c rlexelopnmant plan. EXISTING LAND USE Stnragf of Aeri rlil tturP rammi t i P4 and Farts anal Tndust r ial rPlatPd i tpina SURFACE FIE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: I.PRny A Bc.ilmwrp Address: 14AQ ,,,w,c, 100 City Nunn Zip80648 Home Telephone # 897_2252 Business Telephone // 897-2500 Name: Peggy J. Bellmore Address:1/095 W C. 100 City Nun Zip 80648 Home Telephone �i4 897-2252 Business Telephone 1l 897-2500 APPLICANT a AUTHORIZED AGENT flf different than above) : Name: Address: City Zip Home Telephone / Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the ::uhjoc.r properties of record. Name: Roy E. Turner and Anita E. Turner Address: )45 1 inda Sue L4Aa City North-lens, r.t, Name: Ernest R. Underdown and Vinn.ie M. 1lndertlown Address: 1 728 w_C_ 100 City Nunn Zip YU648 I hereby depose and state under the penalties of perjury chit all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF _WELD ) STATE OF COLORADO ) R ei 4 ,.e -►z,,c•r-c;, Signature/: .Owner or Authori.zed 'Agent Subscribed and sworn to before me this day k._ 19gs Y PURL My commisg' on As.4 res mires} er21,1995 • ..d ND F u . Z) * . O . . • e 930524 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property Deed #1 - B 1188 REC 02134294, F 1552 Deed #2 - B 1246 REC 02194584, F 1070 Deed #3 - B 1329 REC 02281135, F 0032 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. �J The foregoing instrument^ � was subscribed and sworn to before me this day of MPS— , 105 WITNESS my hand and official seal. My Commission Expires: myur ssiolt1j1i25H04 mor f otary Publ c Y • • 1 n LCG'•e : ar ,. _ Or,CG 930524 • 3 d TH' TOWN OF NUNN, COLORA3' !'' - WATE)." ' OFFICE OF CLERK AND TREASURER :Hey. NUNN NUNN, COLORADO , 3"7..o- i- rv; `ar t 7 a44. 0.1r., March 4, 1993 Weld County Planning Commission Planning and Zoning 1400 N 17th Ave Greeley, CO Reference: Bellmore Farms LeRoy A. Bellmore Dear Sus, Please be advised the Town of Nunn, Board of Trustees, have no problems with the plans for the Bellmore family, to establish an implement and automobile dealership at the corner of Highway and Weld County Road 100. Sincerely, /A Dian L Pech Town Clerk For the Town Board 930524 DEPARTMENT OF PLANNING SERVICES WELD COUNTY ADMINISTRATIVE OFFICES SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PROCEDURAL GUIDE PROPOSED USE To sell my fifty (50) years of accumulating farm, heavy equipment, and related items used on farms and ranches. We also have numerous cars, trucks, pickups, and trailers of all types to sell, as well as parts, tires, and accessories related to items above. Included are shop and mechanic tools pertaining to our farms overhaul shop, as well as personal and recreational items for sale. I also have some heavy equipment such as land planes, roadgrader, crawler tractors, paddle scrapers, and gravel equipment for sale. At the same time, we have neighbors whom have asked if I would help them sell their items on my location. Therefore, I need permit clarification to aid my neighbors and me in the area of consignment or buying and selling their usable items. NEED FOR USE To aid in my farm income and assist my family members with jobs, as well as provide the Nunn Community with a location so as to liquidate unnecessary but usable and resalable items. EXISTING USE ON SURROUNDING PROPERTIES North - Farm land for miles. - West - Farm land for miles. East - My property joins U.S. Highway 85 and the U.P. Railroad right of ways. Then more farm land. South — Joins Weld County Road 100, then across Road 100 south, is the Township of Nunn, and pasture land zoned for agricultural use. DISTANCE TO RESIDENTIAL PROPERTIES North - 3 miles West - 2 miles East - z mile South - Nearest structure is an old abandoned trailer house on ten (10) acres of pasture, one hundred (100) feet south of our location. -1- 930524 MAXIMUM NUMBER OF USERS OR PATRONS We hope at least ten (10) per working day. NUMBER OF EMPLOYEES Four (4) family members, and possibly two (2) part—time employees sometime in the future. Working hours will vary with seasonal changes; but mostly from 9:00 a.m. to 5:00 p.m. WATER SOURCE As the Township of Nunn will not allow water taps outside of the city limits, and no well water is on the location, the Health Department has determined water containers would be adequate for our existing location. ACCESS ROUTEQS) Access route(s) are, and have been established over the years since the 1950's off of Weld County Road 100. TYPES, SIZE, AND WEIGHT OF TRAFFIC AT LOCATION Farm trailers and machinery, cars and trucks and trailers of many sizes up to 84,000 lbs. plus heavy equipment. SEWAGE FACILITIES The Health Department explained that a sewer vault would pass their requirements as there is no water or septic system now in place. FIRE PROTECTION MEASURES Dry chemical extinguishers at location. Then the Nunn Fire Department is one (1) minute from the location. I am a Fire Department member. TYPES AND NUMBER OF ANIMALS AT LOCATION Maybe up to five (5) sheep or goats for weed control on seven (7) acres plus two (2) guard dogs. LIST WASTE OR STOCKPILE ASSOCIATED WITH LOCATION No waste. A possible stockpile of sized rock, wood timbers, posts, and related items for farm, ranch, and yard landscaping. STORM WATER RETENTION Berm now in place and has been in place for many years around location. —2— 930524 TIME SCHEDULE AND METHOD OF WASTE REMOVAL Sanitation Department pickup service once a week. LANDSCAPING PLANS AND EROSION CONTROL Possible trees around the office, and gravel on soil now in place for dust control. RECLAMATION PROCEDURES Simply remove equipment and items from location, then return to farm land by tillage of the soil as per Soil Conservation rules. TIME TABLE FOR START UP The buildings have been in place since the 1950's, and start up is NOW. We are ready. WELD COUNTY COMPREHENSIVE PLAN Location does fall within the comprehensive plan pertaining to special review for agricultural use of the land. DISTRICT CONSISTENCY OF LOCATION DEVELOPMENT It also falls within the districts plan for agricultural use of the land. LOCATION DECISION The decision to use this location was made because the land and existing structures has been in our family for many years and has excellent highway frontage and access onto the location off of Weld County Road 100. In the past few years, we have had many people in our farm yard trying to purchase our equipment. They bother us on weekends, late in the evenings, and before work in the mornings. A few months ago, we decided to re—locate our machinery to our new location to stop people from interfering with our normal farm life at home. We are using this new location to store our farm equipment now in use, and to sell equipment no longer needed. PROVISION OF PROTECTION OF HEALTH First—aid kits on the location, plus medical help from the Nunn Fire Department, one (1) minute from our location. COMPATIBILITY WITH EXISTING SURROUNDING LAND USE North - Strictly farm land. East - Highway frontage and railroad land. West - Strictly farm land. -3- 930524 South — Joins the Township of Nunn; but the ten (10) acres of land directly on the east side of us is zoned pasture land with an abandoned trailer house located on the property. COMPATIBILITY WITH FUTURE DEVELOPMENT There has been very little development in the Nunn area in the last fifty (50) years. I've been here, and don't foresee any development in the future other than the practice of farming and farm-related activities. SPECIAL REVIEW AND FLOOD PLAIN AND HAZARDS IN OVERLAY DISTRICT The South edge of the frontage from the edge of Weld County Road 100 to the edge of our property is in flood plain area, and will not effect our location. There is no geologic hazards, and the Weld County Airport Overlay District is not effected. WATER SUPPLY Drinking water containers at the location on the property as discussed with the Health Department. There are no wells on the property, nor water taps from a water district available. DEED OR LEGAL INSTRUMENTS As per photocopies marked PC1, PC2, and PC3. NOISE REPORT Noise will be no louder than normal farming operations in the surrounding area, nor louder than the railroad and highway noise now in service. SOIL REPORT BY SOIL CONSERVATION SERVICE As per photocopies marked PC4. CERTIFIED LIST OF CORRESPONDING PARCELS Underdown, Ernest and Vinnie M. Parcel I.D. 14228 Weld County Road 100 045528000037 Nunn, CO 80648 Barnaby, Paul and Norma Parcel I.D. Post Office Box 657 045528000015 Eaton, CO 80615 Shaull, Claude M. and Genevieve Parcel I.D. Rural Route Box 114B 045528000016 Nunn, CO 80648 -4- 9t30524 Hobart, Judith A. Parcel I.D. Route One Box 48 045533201006 Nunn, CO 80648 Turner, James T. and Kathleen Parcel I.D. Box 42 045533201007 Nunn, CO 80648 Pantaleo, Richard C. & Kathleen Parcel I.D. 14300 Weld County Road 100 045533201008 Nunn, CO 80648 -5- 930524 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # Ask - 1()1‘ THE SIGN WAS POSTED BY: 1 ,e Rol A- , (3eIIiwkoi NAME OF PERSON POSTING SIGN SIGNA RV OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED P,rSWORN. TO ME THIS 11, DAY OF 114110.--- , ••,,�^t( 44 F. SEAL T•,,^ ,�4,Y•IIC, • 1/ • NOT RY PUBLIC ar G�Y CEXPIRES � y��'' " 1i'r MY COMMISSION LAST DAY TO POST SIGN IS: V\( -1 , 19 C13 . PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 930524 REFERRAL LIST NAME: LeRoy Bellmore CASE NUMBER: USR-1011 REFERRALS SENT: April 2, 1993 REFERRALS TO BE RECEIVED BY: April 16, 1993 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton _Extension Service _Broomfield _Emergency Management Office ____Dacono Sheriff's Office ____Eaton X Engineering Erie _Housing Authority _Evans _Airport Authority _Firestone Building Inspection _Fort Lupton ____Frederick STATE _Garden City Division of Water Resources _ _ Gilcrest Geological Survey ____Greeley Department of Health ____Grover X 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 _Milliken _Brighton F-3 New Raymer Eaton F-4 Northglenn _ Fort Lupton F-5 X Nunn _ Galeton F-6 Platteville Hudson F-7 _Severance Johnstown F-8 _Thornton _ La Salle F-9 _Windsor _Mountain View F-10 _Milliken F-11 COUNTIES X Nunn F-12 _Adams Pawnee F-22 _Boulder Platteville F-13 Larimer _ Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES _ _Raymer F-2 _US Army Corps of Engineers _Southeast Weld F-16 _USDA-APHIS Veterinary Service Windsor/Severance F-17 _ _ Federal Aviation Administration Wiggins F-18 _ _ Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER _Brighton Central Colo. Water Conservancy Dist. Fort Collins _ Panhandle Eastern Pipe Line Co. X Greeley Tri-Area Planning Commission _Longmont _West Adams COMMISSION/BOARD MEMBER X Richard Kimmel 930524 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Via ,OT, Region 4 li 1420 2nd Street tI,I pry / P.O.box Sol r .I,Jl A� t.�� Greeley,Colorado 80632-0850 V/ eld Co. , SH 85 (303)353-1232 (\ APR 2 6 1993 • Bellmore Vehicle Sales Site Plan, W. Side unn April 22 , 1993 '' '^"'"` Chuck Cunliffe, Director Dept. of Planning Services Weld County 1400 N. 17th Ave. Greeley CO 80631 Dear Chuck, We have reviewed the LeRoy Bellmore Site Specific Development Plan and Special Review submittal for the vehicle sales establishment, and offer the following comments: ACCESS Access to the property is to be provided from WCR 100, as shown. The Plot Plan shows two access points. We recommend that access be located an appropriate distance from SH 85 so as not to cause any obstruction to traffic along the roadway. The type of traffic which would be accessing the property should be considered in safe access design. The County is reminded that vehicular use and operation of public accesses (the county road) to the state highway system is their responsibility. DRAINAGE The Plot Plan indicates that surface runoff flows toward the highway drainage system. The narrative implies that no changes to the existing drainage on the property are to be made. The gravel surface provide for absorption of moisture. Be reminded that the highway drainage system is for the protection of the state highway right-of-way, and is not intended to accommodate drainage from abutting properties beyond that which has historically been accepted. UTILITIES Should new utility lines or connections be required within the state highway right-of-way, a utility permit will be required. Prior to any such utility work, Mr. Henry Rangel of this office should be contacted at 350-2111. Our comments are based on the submittal as received April 5, 1993 . Thank you for the opportunity to review the Bellmore vehicles sales site proposal . Please contact me at 350-2163 if you have any questions. Very truly your jCiebATer G. Jones Region Develop t/Access Coordinator TGJ xc: D. Yost * G. Sisson * file 930524 FIELD CHECK FILING NUMBER: USR-1011 DATE OF INSPECTION: /..,/ -_, 1 -5-1c2? APPLICANT'S NAME: LeRoy Bellmore PLANNER: Chuck Cunliffe REQUEST: A Site Specific Development Plan and a Special Review permit for a Commercial Use (Vehicle Sales Establishment) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: The northwest corner of the intersection of Weld County Road 100 and State Highway 85; adjacent to the north side of the Town of Nunn. LAND USE: N hr)���� E 7 y>� �� (��rl�s6 Mry /�} ��,�✓ ) s /9 yy �' /x/1//1/11/ W Peryv> 1�r� ZONING: N A (Agricultural) E A (Agricultural) S Town of Nunn W A (Agricultural) COMMENTS: i • ./17111( :(4 Y7)7, Sse /4,7 , z „, 930524 ja1 �, mEmoRAnDum To Chuck Cunliffe, Director Date COLORADO Weld County Planning March 14, 1993 From 2 Jeff Stoll, Environmental Protection Supervisor Subject: Case Number. DSR-1011 Name. Rallmnre TaRny 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. The maximum permissible noise level shall not exceed the commercial limit of 60 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 4. Adequate toilet facilities shall be provided for the public. 5. An individual sewage disposal system, which may include a vault system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 6. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. u V w IAPR 15 1993 9Lsm r --,fy iPlanninr 930524 • c� DEPARTMENT OF PLANNING SERVICES 1 I PHONE(303) 353-3645, EXT. 3540 APR 1 5 1993 'VELD COUNTY ADMINISTRATIVE OFFICES O f 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 'Iv gilinkr COLORADO April 2, 1993 CASE NUMBER: USR-1011 TO WHOM IT MAY CONCERN: Enclosed is an application from LeRoy Bellmore for a Site Specific Development Plan and a Special Review permit for a Commercial Use (Vehicle Sales Establishment) in the (A) Agricultural zone district. The parcel of land is described as part of the SW4 of Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the northwest corner of the intersection of Weld County Road 100 and State Highway 85; adjacent to the north side of the Town of Nunn. 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 April 16, 1993 , so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. 15.Please refer to the enclosed letter. Signed: 97,.r,( A, Agency: lA•C.a// 01,4c5 D Date: /V / 9? 930524 • ct DEPARTMENT OF PLANNING SERVICES ' PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO RECEIVED APR o 5 1993 April 2, 1993 CASE NUMBER: USR-1O11 TO WHOM IT MAY CONCERN: Enclosed is an application from LeRoy Bellmore for a Site Specific Development Plan and a Special Review permit for a Commercial Use (Vehicle Sales Establishment) in the (A) Agricultural zone district. The parcel of land is described as part of the SW4 of Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the northwest corner of the intersection of Weld County Road 1OO and State Highway 85; adjacent to the north side of the Town of Nunn. 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 April 16, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. `l' 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: 4114.49 L^4,",4" Agency:_ ‘1 /I{/s9lfX (- Date: q -13-q3 APR 1 4 1993 U.P.L.I!I .4. ^` 9524 FIELD CHECK FILING NUMBER: USR-1011 DATE OF INSPECTION: May 7, 1993 APPLICANT' S NAME: LeRoy Bellmore REQUEST: Vehicle Sales Establishment LEGAL DESCRIPTION: Part of the SW4 of Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Northwest corner of the intersection of Weld County Road 100 and State Highway 85, adjacent to the north side of the Town of Nunn. LAND USE: N Agricultural E Highway 85 and U.P.R.R. Row S Town of Nunn, one mobile home W Agricultural ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The submitted plot plan accurately show all existing improvements. Two accesses are existing to the property from Weld County Road 100 which is a paved surface. The majority of the property is graveled surface. Drainage of the property appears to be to the south. C\\ C`_- Chuck Cunliffe, Director 930524 DEPARTMENT OF PLANNING SERVICES u PHONE(303)353-3845, EXT. 3540 lul WELD COUNTY ADMINISTRATIVE OFFICES 140ONUE GREELEY, NORAO8631 COLORADO 80631 COLORADO April 2, 1993 CASE NUMBER: USR-1O11 TO WHOM IT MAY CONCERN: Enclosed is an application from LeRoy Bellmore for a Site Specific Development Plan and a Special Review permit for a Commercial Use (Vehicle Sales Establishment) in the (A) Agricultural zone district. The parcel of land is described as part of the SW4 of Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is the northwest corner of the intersection of Weld County Road 1OO and State Highway 85; adjacent to the north side of the Town of Nunn. 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 April 16, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 930524 AFFIDAVIT OF PUBLICATION STATE OF COLORADO SS COUNTY OF WELD NOT OF PUGH{ Is. I, KEITH HANSEN, of said County of Weld, being duly APPLICANT: LeRoy sworn,say that I am publisher of The Weld County Bellmore Planning Commission will hold a public hearing LEGAL DESCRIPTION: WINDSOR BEACON on Tuesday, May 18, Part of the SW4 of 1993, at 1:30.p.m.foofr Section 28,T9N,R&Mthe purpose in Site Cunt 8th P.M. Weld a weekly newspaper having a general circulation in said considering a of the 6th P.M. Specific Development County and State, published in the town of WINDSOR, Plan and am Special the TYPEOF AND INTENSITY A in said County and State; and that the notice, of which Review permit for the PROPOSED USE:A property described Commercial Use the annexed is a true copy, has been published in said below. Approval of the ((Vehicle sales weekly for / successive weeks, that the notice request may r create l a (Vehi Establishment) in the As vested property right (Agricultural) zone was published in the regular and entire issue of every pursuant to Colorado district. number of the paper during the period and time of LOCATION: publication, and in the newspaper proper and not in a The northwest corner of the Intersection of Weld supplement, and that the first publication of said notice ovary Road 100 and was in said paper bearing the date of the t4Me Highway 85; =eeit le the north �yJJ l the Town of C"-` day of Ota , A.D., 19 and Na the last publication bearing the date of the SIZE: 7 acres,more or W The public he wt8 day of A.D., 19_ and be held in the that the said WINDSOR BEACON has been published County Commissioners' continuously and uninterruptedly for the period of 5 Hearing Room Fhst CFeloryoarr,�Weld Co consecutive weeks, in said County and State, prior to the i.e Breed Grew date of first publication of said notice, and the same is a Colorado:Commis newspaper within'the meaning of an Act to regulate abut's rs related Isthe printing of legal notices an advertisements, approved sieve request should P g g PP be saragled in writing May 18, 1931, and all prior cts ar as in force. to Ihe Weld County Department of Planning • SWIMS, 1400 N. 17th Avenue,, Greeley, Colorado 80831, bees the above date or c P LISHER at the public rhpdon May 18, 1St Subscri d and sworn to before me this /y day Copies of the of ��2 19� application are available for public inspection ^}� 2-1 foe Department in of A -� i / w,_o� .ar Planning Services,1400 NOTARY PUBLIC N. 17th Avenue, Greeley, Colorado /� /' 384 3845, - Phone - 353• My commission expires �� f'�7 . 83 Extension 3540. P /U/ �-�/ Judy Yamaguchi, Chairperson, Weld County Planning Commeslon Published In the wiadwt Demon en \\IMAY 0 3 199.3 I 930524 G (rig( DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140UE C. GREELEY, N. ORA O8 631 COLORADO 80631 COLORADO DATE: April 2, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1011 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 18, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: LeRoy Bellmore FOR: A Site Specific Development Plan and a Special Review permit for a Commercial Use (Vehicle Sales Establishment) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: The northwest corner of the intersection of Weld County Road 100 and State Highway 85; adjacent to the north side of the Town of Nunn. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Chuck Cunliffe, Director. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 9aC524 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-1011 for LeRoy Bellmore in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 2nd day of April, 1993. 960524 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS LeRoy Bellmore USR-1011 Ernest and Vinnie M. Underdown 14228 Weld County Road 100 Nunn, CO 80648 Paul and Norma Barnaby P.O. Box 657 Eaton, CO 80615 Claude M. and Genevieve Shaull Rural Route Box 114B Nunn, CO 80648 Judith A. Hobart Route One Box 48 Nunn, CO 80648 James T. and Kathleen Turner Box 42 Nunn, CO 80648 Richard C. and Kathleen Pantaleo 14300 Weld County Road 100 Nunn, CO 80648 i, 930524 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Deed #1 - B 1188 REC 02134294, F 1552 Deed #2 - B 1246 REC 02194584, F 1070 Deed #3 -- B 1329 REC 02281135, F 0032 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 worn to before me this \day ck , 1995 by p. D ft . 4mU(� WINESS 'Ohand and official seal. MY omm'Y. S r6) expires: MyCoinisio1exp+ 21,1995 - - -- — �,• C C Notary Pu lic poi ni,ion Expires: 930524 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION 4l Underdown, Ernest & Vinnie M. 14228 WCR 100, Nunn, CO 80648 045528000037 Barnaby, Paul & Norma P.O. Box 657, Fatnn, rn 80615 045528000015 Shaull, Claude M. & Genevieve Rural Route Box 114B, Nunn, CO 80648 045528000016 Hobart, Judith A. Route One Box 48, Nunn, CO 80648 045533201006 Turner, James T. & Kathleen Box 42, Nunn, CO 80648 045533201007 Pantaleo, Richard C. & Kathleen 14300 WCR 100, Nunn, CO 80648 045533201008 930524 AFFIDAVIT OF INTEREST OWNERS jINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property Deed #1 - B 1188 REC 02134294, F 1552 Deed #2 - B 1246 REC 02194584, F 1070 Deed #3 - B 1329 REC 02281135, F 0032 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. Po7 ea oniThe foregoing instrument was subscribed and sworn to before me this -"nay of pop`ck__. , l05 WITNESS my hand and official seal. My Commission Expires: My Ca r e�itQSt�o+�t t r j 'r ,�;:;� otary Publ c 0r Cp\. 930524 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Deed #1 - B 1188 REC 02134294, F 1552 Deed #2 - B 1246 REC 02194584, F 1070 Deed #3 - B 1329 REC 02281135, F 0032 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. A, (3-k(1 Gn- The foregoing instrument was subscribed worn to before me this it day ►WW1\ , l9(`15 by t o (1- . WITNESS gyhand and official seal. Otli Lbmm, tit) expires: My 21,1995 a O Notary Pu lic • .%A1ffommislion Expires: 930524 DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WIC. 1400 N. 17TH AVENUE GREELEY, COLORADO80631 COLORADO April 2, 1993 • LeRoy Bellmore 14495 Weld County Road 100 Nunn, CO 80648 Subject: USR-1011 - Request for a Site Specific Development Plan and a Special Review permit for a Commercial Use (Vehicle Sales Establishment) in the A (Agricultural) zone district on a parcel of land described as part of the SW4 of Section 28, T9N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Bellmore: 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 May 18, 1993, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Please post the signs I gave you no later than May 7, 1993. The signs 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. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Chuck Cunliffe, AICP ICC" Director CAC/sfr 930524 Hello