The URL can be used to link to this page

Browse Search

Home My WebLink About931117.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT (USR #1026) FOR A SINGLE FAMILY DWELLING ON A LOT UNDER THE MINIMUM LOT SIZE IN THE A (AGRICULTURAL) ZONE DISTRICT - HOWARD AND JEANNINE ENOS 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 27th day of October, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Howard and Jeannine Enos, 3704 Richmond Drive, Fort Collins, Colorado 80526, for a Site Specific Development Plan and Special Review Permit (USR #1026) for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SE' of Section 8, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, at said hearing on October 27, 1993, the Board deemed it advisable to continue said matter to November 3, 1993, at 10:00 a.m. , at the request of R. Russell Anson, Attorney representing the applicant, and WHEREAS, at said hearing on November 3, 1993, Mr. Anson was present to represent the applicant, 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. PL0904 �} 931117 f kogeLi or /G; , fL; t;4/e° ; / 11.` // SPECIAL REVIEW PERMIT - ENOS (USR #1026) PAGE 2 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. That the proposal is consistent with the Weld County Comprehensive Plan. b. That the proposal is consistent with the intent of the district in which the use is located. c. That the uses which would be permitted will be compatible with the existing surrounding land uses. d. That the uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the Comprehensive Plan of the County or the adopted Master Plans of affected municipalities. e. That the applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. 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 (USR #1026) for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The Special Review plat shall be amended to show a 75-foot right-of-way reservation north of the centerline of State Highway 14, prior to recording the plat. 931117 SPECIAL REVIEW PERMIT - ENOS (USR #1026) PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of November, A.D. , 1993. XIX BOARD OF COUNTY COMMISSIONERS ATTEST: WEL COUNTY, COLORADO Weld County Clerk to the Board ______ YE) Constance L. Harbert, Chairman • BY: YE Deputy erk to the Board W. Web ,/` ro- em APPRO AS TO FORM: C AYE Georg 'E. Baxter , 0 JK ZC� q (AYE) our, ttor ey Dale K. Hall A.�Iy(4_,� ij't��L/LENAY) Barbara J. Kirkme er 77 931117 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HOWARD AND JEANNINE ENOS USA #1026 1. The Site Specific Development Plan and Special Review Permit is for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The property owner shall be responsible for all maintenance, including grading and snow removal, of the private access road known as Weld County Road 17, as required for ingress to and egress from the property to a publicly-maintained road; however, if the County Engineer and County Attorney determine that Weld County Road 17 is indeed a public right-of-way for which Weld County has determined to accept maintenance responsibility, then this Development Standard shall be deemed satisfied. 4. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 5. An Individual Sewage Disposal System must be located at least 100 feet from any well. 6. An Individual Sewage Disposal System Permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 7. All uses on the property shall be in accordance with a 75-foot right-of-way reservation north of the centerline of State Highway 14, along the south boundary of the Special Review site. 8. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 10. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 931117 DEVELOPMENT STANDARDS - ENOS (USR #1026) PAGE 2 11. 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. 12. 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. 13. 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. 931117 HEARING CERTIFICATION DOCKET NO. 93-76 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT (USR #1026) FOR A SINGLE FAMILY DWELLING ON A LOT UNDER THE MINIMUM LOT SIZE IN THE A (AGRICULTURAL) ZONE DISTRICT - HOWARD AND JEANNINE ENOS A public hearing was conducted on November 3, 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 County Attorney, Bruce Barker Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated September 22, 1993, and duly published October 14, 1993, in the Windsor Beacon, a public hearing was conducted on October 27, 1993, to consider the request of Howard and Jeannine Enos for a Site Specific Development Plan and Special Review Permit (USR #1026) for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District. At said hearing on October 27, 1993, said matter was continued to November 3, 1993, at which time Bruce Barker, County Attorney, made this a matter of record. Mr. Barker also made record of Docket 1193-77, which too is an application from Howard and Jeannine Enos for a Site Specific Development Plan and Special Review Permit (USR #1027) for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District. He requested separate motions on the two cases; however, the information received would be relative to both. Gloria Dunn, Planning Department representative, explained the Planning Commission's vote was split; therefore, there is no recommendation. She then read the Planning staff's recommendation for denial into the record. R. Russell Anson, Attorney, represented the applicant and indicated the concept as being to divide 80 acres, on Weld County Road 17, into two parcels. Each parcel would be greater than 35 acres, with one home on each. Mr. Anson explained the applicants purchased this property in 1991 and presumed two homes would be permitted, with the second home to be built for Margaret Graham. He said a recorded exemption was denied in 1989, and Mr. and Mrs. Enos had a Substantial Change hearing in June of 1992, which enabled them to submit this application. Mr. Anson submitted photos of neighboring homes on Road 17, Exhibit G, and a copy of the Urban Growth Boundary Map from the Comprehensive Plan, Exhibit H, showing the Enos property just inside the boundary. Mr. Anson said utilities are available from North Weld Water, Public Service, Poudre Valley REA, residential trash, and Windsor Fire Protection District. He said the gravel road is in good shape and there is good drainage in the area. Mr. Anson addressed Planning's concerns about the road and said there are two other new homes being constructed in the area which he located on a map, Exhibit I. He submitted a Farm Expenses and Income statement, Exhibit J, indicated farming is a losing proposition and further explained the water is leased, therefore, very limited. Mr. Anson submitted Declaration of Protective Covenants and Building Restrictions, Exhibit K, concerning the property. He expanded on the consistency with the Comprehensive Plan and the compatibility with the surrounding area. Mr. Anson noted the Town of Ault had no objections and submitted a referral, Exhibit L, indicating the Windsor Planning Commission's unanimous approval. He said there have been no objections 931117 r:! /'�. RE: HEARING CERTIFICATION - ENOS (USR #1026) PAGE 2 from surrounding property owners and submitted a petition, Exhibit M, signed by neighboring property owners supporting the request and reiterated the Planning Commission's actual motion was to recommend approval. Mr. Anson further explained the reasons given by the Planning Commission members who voted against the motion and confirmed the original intention, in 1991, was to divide the property with Ms. Graham who contributed to the purchase of the property. Arthur Clarke, surrounding property owner, submitted a letter, Exhibit N, recommending approval of the request and answered questions from the Board. In response to a question from Commissioner Baxter, Mr. Enos said the property would be in a pasture format rather than crops because of the limited deeded water available. He further explained it would be a less intense agricultural use with pasture, alfalfa, etc. , for horse business. This use would require less leased water, and he indicated he has no intention of it becoming dryland. Mr. Enos answered further questions from the Board and said there are two deeded shares of water, with one to go to each parcel if split. Discussion ensued concerning accesses and Commissioner Baxter said the Road and Bridge Department is ready to start work to drop the hill on Road 17. He also said the County provides minimal maintenance on the three-tenths of a mile. After further discussion, Ms. Dunn confirmed Don Carroll, Engineering, indicated the three-tenths of a mile is a private road. Mr. Anson said his client indicated the road was maintained by the County. In response to a question from Commissioner Kirkmeyer, Ms. Dunn said Planning's contention was that the property was not within three miles of a municipality. Mr. Anson said the same confusion occurred at the Planning Commission hearing, thus he prepared Exhibit H, as previously referred to, from the Comprehensive Plan. He stated the property is close to the border of the boundary; however, some of Windsor's annexed property is north of the Town. Mr. Anson referenced criteria in the Comprehensive Plan from 1987, which did not change when updated in 1992, and reiterated the property is within the boundary and there is activity and construction the northern area. Mr. Barker stated the map provides a general idea of the boundary and not to be considered exact. Mr. Anson stated the property is two and three-quarter miles north of Windsor City limits. He further stated the grid was measured and is correct. Responding to a question from Commissioner Kirkmeyer, Ms. Dunn said the neighborhood to the north consists of residential uses on large parcels and referred to the parcel I.D. map. Mr. Enos said the properties adjacent to the north were divided by a recorded exemption and both have irrigated pastures with horses. He reiterated they have the same intent, which will be compatible, and are not taking the land out of agriculture, but only changing the intensity. Mr. Enos indicated the northeast corner properties are residential, a sheep farm, and new residences are being constructed. Commissioner Baxter stated he visited the area and explained the surrounding area from his view point. He reiterated the Town of Windsor was not opposed and he feels the proposal fits with what is currently going on in the area; therefore, he moved to approve the request of Howard and Jeannine Enos for a Site Specific Development Plan and Special Review Permit (USR 01026) for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District, with recommended Conditions of Approval and Development Standards. Commissioner Baxter reiterated he is convinced, after looking at the area, that this type of use conforms appropriately. Commissioner Webster seconded the motion, and Ms. Dunn submitted to the Board for review thirteen Development Standards, three Conditions of Approval, and a referral from the Colorado Department of Transportation requesting a right-of-way reservation. In response to a question from Mr. Barker, Ms. Dunn indicated Development Standard #7 and Condition of Approval #3 had been added to the Planning Commission's Resolution. Mr. Anson, in reference to Development Standard #3, stated he feels it should not be the applicants' responsibility to maintain Road 17. He also indicated this is the first time he has seen Development Standard #7 concerning the right- of-way reservation, and it would be difficult to respond. There was 931117 RE: HEARING CERTIFICATION - ENOS (USR #1026) PAGE 3 considerable discussion concerning the impact on the property of the right-of-way and set-back requirements. Chairman Harbert suggested the motion be amended concerning Development Standard #3 which requires maintenance of Road 17 by the applicants. Ms. Dunn stated she has no documentation other than Don Carroll's referral from August 11 indicating it is a private road. Commissioner Baxter reiterated the County has been maintaining the road. Mr. Barker suggested leaving Development Standard #3 as it is, with the County Engineer and Attorney to determine the right- of-way and maintenance. Commissioners Baxter and Webster agreed to amend the motion to reflect Mr. Barker's recommendation. Further discussion ensued concerning maintenance of the road, and Mr. Anson noted the private road was not mentioned in the covenants. Mr. Barker further explained the amendment to the Development Standard #3 by saying if the Engineer and Attorney determine the road to be Weld County's right-of-way and therefore maintained by the County, said Development Standard will be dropped. Mr. Enos said that was acceptable, and it was determined Mr. Enos would be required to arrange an agreement with the neighbors if the maintenance would not be provided by the County. On a roll-call vote, the motion carried four to one with Commissioner Kirkmeyer voting nay. This Certification was approved on the 8th day of November, 1993. APPROVED: ATTEST: Las BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO Weld County Clerk to the Y: A,C . �//r'�Qe� J �a^ce L. Hare hair an B Constance L. Harbert, hair an Deputy C rk to the Board 1 / W. Web ter, P o-Tem 111 TAPE #93-38 e rge Baxte DOCKET #93-76 Da K. all PL0904 / / arbara J. Kirkmeyer 931117 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 3rd DAY OF November 1993: DOCKET 11 93-85 - Subdivision Preliminary Plan, Eugene and Pamela Habrock DOCKET 0 93-76 - Special Review Permit (USR 01026) - Howard and Jeannine Enos DOCKET 0 93-77 - Special Review Permit (USR 01027) - Howard and Jeannine Enos DOCKET 11 PLEASE write or print your name legibly, your address and the DOCKET ft (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS /� HEARING ATTENDING d L . ENoi � 70 y /f i��j `Y-,-iD-fr / Jc C(.S/� t/l /0 < 6 .} /J2 ../ C � , emu, 1,C�� ?37<7 4/c f' y ce% �G r S Pi r /tie / / n/ r-/‘ 7 -//c 7 9tn4y o'n, ` t1) ri ;Li S / 3Q 3-7 G,,;d f--(7j;)I , (f , CF/9. 3-1'3) Onci<Cl kJ/aril YLf7i o � . 6.1t S1- 6NI( l r / t << ` 931.111, NOT I C E The Board of County Commissioners of Weld County, Colorado, on November 3, 1993, conditionally approved a Site Specific Development Plan and Special Review Permit (USR #1026) 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: Howard and Jeannine Enos 3704 Richmond Drive Fort Collins, Colorado 80526 LEGAL DESCRIPTION: Part of the SEq of Section 8, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District SIZE OF PARCEL: 37.51 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 1CLERK•��TO THE BOARD BY: \c,Vll t c /�. -_ Deputy Q)erk to the Board PUBLISHED: November 11, 1993, in the Windsor Beacon 931117 AFFIDAVIT OF PUBLICATION ! STATE OF COLORADO ss The Board of County COUNTY OF WELD Commissbners of Web County, Colorado,1997,en Novemberer 3, 19 , I, KEITH HANSEN, of said County of Weld, being duly sendldonaly approved• sworn,say that I am publisher of She • Specific Development Plan and WINDSOR BEACON -Special Review Permit (USR 01020) for the property and purpose a weekly newspaper having a general circulation in said described below. County and State, published in the town of WINDSOR, Conditional approval of this plan creates ■ in said County and State; and that the notice, of which flatted property right the annexed is a true copy, has been published in said pwuent to Article 68 of weekly for / successive weeks, that the notice anded, C.R.S., as was published in the regular and entire issue of every thee years. apedadd lme years. number of the paper during the period and time of publication, and in the newspaper proper and not in a APPLICANT: Howard supplement, and that the first publication of said notice and Jeannine Enos, 7104 Richmond Drive, was in said paper bearing the date of the Fert Collins, Colorado p • 11628 day of '72 B�v-C�w-0.- t- , A.D., 19 if and LEGAL DESCRIPTION: the last publication bearing the date of the Part of the SE 1/4 of Section 8,Township 7 day of , A.D., 19_ and North,Range 67 West that the said WINDSOR BEACON has been published of the 6th P.M.,Weld County Colorado continuously and uninterruptedly for the period of 5 consecutive weeks, in said County and State,prior to the TYPE AND INTENSITY date of first publication of said notice, and the same is a OF APPROVED USE:A single family dwelling on newspaper within the meaning of an Act to regulate a blunder the minimum printing of legal notices an advertisements, approved 1e1 size in the A May 18, 1931, and all prior cts ar as in force. (Agricultural) Zone Oland SIZE OF PARCEL: 37.51 acres, more sr ° P USHER less Failure to abide by the Subscri d and" sworn to before me this /ct4 day tams and conditions of of R�vw+'��-rA�t 19 9 approval will result in• forfeiture of the vested A property right. �Nf ar-I l livn-rwa NOTARY PUBLIC BOARD OF COUNTY COMMISSIONERS, �lJ'�/ WELD COUNTY, My commission expires 7 / (o COLORADO BY: DONALD D, WARDEN,CLERK TO THE BOARD By: Shelly K. Miller, Deputy Clerk to the Board In the jsseon en VMS 11,1115. 931 !17 Arthur M. Clarke EXHIBIT 1401 Lindenwood Drive Fort Collins , Colorado 80524 ( 303 ) 484 9899 Ll\ (6 3 November 1993 Subject : Special Review Permit for Howard and Jeannine Enos TO: Weld County Board of Commissioners My wife and I, as owners of the property immediately to the west of subject property along Highway 14, believe that favorable consideration should be given to the request for permission to build on a lot under the minimum lot size in the Agricultural Zone in Weld County. I have no quarrel with the Plannng and Zoning Board for their refusal to issue a permit for these dwellings as they were only following their instructions , probably given them by the Board of Commissioners . The property in question was once a marginally profitable agricultural enterprise . However, once the water rights for the- property were removed from the land, the land became, in effect, dry land so far as agriculture is concerned. Further , when the farm was divided into smaller parcels, each parcel was so small that dry land farming was not possible . Since the land is on a slight westerly slope , it has a magnificant view of the mountains beyond the foothills as well as the lights of Fort Collins and Loveland. It is ideally suited to being used for "Gentleman Farming" where the resident has outside income , lives on the land and maintains a few recreational animals. So far as access to public utilities are concerned, North Weld County Water, REA, Public Service Gas, and Mountain Bell Telephone are immediately adjacent. Fire protection is by the Windsor Fire Department. Public sewer is not available , but the parcels are large enough to accommodate septic tanks and leach fields without contaminating adjacent properties. From a county financial standpoint, improved property will furnish a much greater tax base than dry agricultural land. I personally recommend approval of the request of Howard and Jeannine Enos to receive permits to construct single family dwellings on lots under the current minimum lot size in the Agricultural Zone . Since ely, a 'CCarke 921'S"' s EXHIBIT lYR f0 To Weld County Commissioners October 27, 19 RE:Division of Property by Special Review Permit CASE NUMBER: USR-1026 & USR-1027 We support Howard and Bonnie Enos in their request to divide the 80 acres on County Rd. 17 and Hwy 14, and feel that it is consitent and compatible with the neighboring properties. NAME ADDRESS / /At 0 O) 221 - Ce- 707% r //4"/ ) 17/, "0-4-r cod, Lwt1^- 1 cu 1 (-9 vca ��.�. yob u)9_13CIA , c1 r..DO_Qkr, 4- cS� ' 7V/ JO / 7 tri � Y- aftbkm) Cfr £ . jik,4 °?,,, ,n4 w -a ; $flA c , @ a 931'_i" EXHIBIT •Afittct(f '4° a _lc_ DEPARTMENT OF PLANNIN PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES IliipC 1400 N. 17TH AVENUE O GREELEY, COLORADO 80631 COLORADO Date: September 2, 1993 CASE NUMBER: USR-1026 TO WHOM IT MAY CONCERN: Enclosed is an application from Howard and Jeannine Enos for a Site Specific Development Plan and a' Special Review permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 3 miles north of the Town of Windsor; north of State Highway 14 and west of Weld County Road 17 . 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 September 6, 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ev 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 pppp ��j /refer to the enclosed letter. • Signed 9 /k{7'(,��i�� Agency:<�J/�ifl r Date: 1 4 (/ EC T[} r SEP 7 1993 9wI 17 Weld enmity planning „ .,Ft” cx ,, , ,: ,Au-z.1-OO , f•Uunvi 'ninon ari LULLI:\S Sy 13535722;4 2/ 3 �..� „ 'MIS IT R " 05/17/89 10:43 $9 . 00 1/003 Aft21798S(' _ ,' �� FRSTEIN CLERIC & RECORDER WELD CO, Co DECLARATION OF PROTECTIVE COVENANTS AND BUILDING RESTRICTIONS THE it:nERSIGNED, JOHN A. MAY, being the owner of the real pt=.r.'• . ry .situate in the county of Weld, State of Colorado, to wit : As described on Exhibit A, attached hereto and incorporated herein by reference. hereby establish the following protective covenants and Lpaiiding restrictions for the benefit and protection of said and • o.:<: for use of every person who may hereafter acquire owneven ip therein as follows: t::ommercial feed lots or hog farms shall be permitted. Any residence constructed shall have a minimum floor area for living space of 1200 sq. ft , or more in the first floor, exclusive of garages and patios, This provision shall not c,pply for servants quarters or guest houses built and used in conjunction with the principal residence. No esidence shall be constructed or maintained on an area of .:ss than twc, -,.nd one-half acres. , All bu . . :tgs and improvements erected or placed on said property sh,.; . 'be of new construction with first class workmanship and quality material used in all phases of •'struction. No mobile home, basement, tent, or shack at any time i be used at a residence temporarily or permanently, not ,r. : ; any structure of a temporary character be used as a -- , es.dence. Modular homes, consistent with paragraph #2 above, placed upon a permanent foundation and landscaped in harmony with the surroundings are permitted. • No noxic,.; ir offensive activity shall be carried on upon any prop „ ty, nor may anything be done which may be or may become an annoyance to the neighborhood. No land shall be used for dumping ground for ' :ash, rubbish or other waste . All property and premises shall be kept in a clean and sanitary condition at all times. 6 . There shall be no enenclosed storage of inoperable vehicles. There shall be no storage of farm machinery, recreational vehicles, boats, and other pleasure craft other than those items belonging to the owner of said tract of land upon which items are placed for storage or safe keeping. 7 . No i. iucture shat ) be built nearer than 50 feet from any property line. All owners shall cut and control all weeds growing on heir own property, whether vacant , occupied, or those with improvements under construction. Nothing in this paragraph shall prohibit. part or all of the premises from being used the production of agricultural commodities whether for sale or use by owner. Normally accepted agricultural practices shall be followed in all farming operations. 9. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until April 1 , 3995, at which time ;, •.id covenants shall be automatically extended for successive periods of ten years, unless by vote of 75% or more of the then owners of the land it is agreed to change said covenants in whole or in part. • !WV 3cw! nr :vpen 24 Hours! ;10-21-U3 ; 4:o1rM ;KI.1KO'S FT COLLIN&_ 3-, 13535722; 3/ 3 A R 1Z3- REC 021/9850 05/1'/ 89 10 : 43 $9. 00 2/003 F I b91 rCk. ANN FIJULRSTE1h CLERK; & REcoaD£R WELD CO, CO v . parties hereto, or any of them, or their heirs or 1 violate or attempt to violate any of the ; n, it shall be lawful for any other person or ;• Ica' property, situated on these lands to , ,:,uo-:dings at law or in equity against the s violating any such covenant , and either to :bum from so doing or to recover damages or - .ch violations, plug their reasonable �} :'urrted. r QL_day of A,,pri _,198$ _) J �i A. May / 1.709 Whistlepig Lane Broomfield, CO 80020 STATE OF COLORADO ) ) COO tT1 OF i.A IMkeN ) 40 he instrument was acknowledged before me this O:s.. uuy O1 Yti 1;.,-A , 1989, by John A. Nay., 1704 Wh.i.-st.ieti ,• ne, tiroomfiera, CO 80020. alTsr•,s;> n. hand and official seal . • No .ary Pu 1c it My Cornmissior Expires: My address is: h,4 � 1FC\�. ; April iy i9 3. _— 5494 Janna Drive _ \�•;� s Loveland, Colorado 80538 • • 93111`" • • B 1232 REC 02179850 05/17/89 10:43 89.00 3/003 F 1692 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO • Inhibit •A' LICAL DNNCRIPVION This legal description refers to an approximate 2284 , Acre Parcel located in Meld County, Colorado: _i3q,• The SE 1/4 of Section 8, Township 7 North, Range 67 West of the 6th P.M., ALSO a tract of land located in the SW 1/4 of Section 8, Town- ship 7 North, Range 67 West of the 6th P.N., being more parti- cularly described as follows: COMMENCING at the South Quarter Corner of said Section 8, and considering the East line of the SW 1/4 of said Section 8 to bear N00'06'5191 and with all other bearings contained herein relative thereto; thence N00'06'51"E 94.97 feet to a point on the centerline of the water Supply and Storage Ditch across said SW 1/4, said point being the TRUE POINT OF BEGINNING; thence along the Centerline of said Water Supply and Storage Ditch by the following ten courses and distances: N62'50.45'W 295.47 feet; N51'22'19"W 172.62 feet; N30'52'07'W 622.64 feet; N22•S5'51'W 533.55 feet; N48'42'21•W 295.86 feet; 977'41.36"W 443.21 feet; N48'26'34"W 273.23 feet; N17'54'27'W 705.26 feet; N57'12'02"W 235.24 feet; N71'42' 17'W 17.75 feet to a point on the North line of the SW 1/4 of said Section 8, thence N89'46'45'E along the North line 2,221.41 feet to the Center Quarter Corner of said Section 8, thence 800'06'S1"W along the East line of the SW 1/4 of said Section 6, 2,552.06 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM a parcel of land yed to the Water Supply & Storage Company, by deed recorded March 3, 1908 in Book 250 at Page 347, being more particularly described as follows: COMMENCING at a point on the North boundary of said 1/4 section, thence by true bearings, variation 14.30'E - $68'30'E 34 feet, $66'30'E 100 feet; 856'35'E 100 feet; S38' 10'E 100 feet; 525'30'E 100 feet; 815'311'E 400 feet; 519' 10'E 100 feet; 837'2 100 feet; 842'E 100 feet; 850'30'E 100 feet; 875'34'8 392 feet; 857'25'E 200 feet; 850•55'E 100 feet; 835' 10'E 100 feet; 824'E 200 feet; 822'22'E 300 feet; S29'36'6 500 feet; 833.05.E 100 feet; 844.10.E 100 feet; SS4'30'E 100 feet; 864.E 200 feet; 858.E 100 feet; 545'45'E 50 feet to a point 16 feet North of the South Quarter Section Corner of said Section 8, being a strip of land 100 feet wide 50 feet on each side of the above described center line and 3676 feet long. • 931."_1"' _ i EXHIBIT FARM EXPENSES & INCOME iT DATE CATEGORY EXPENSE COST OF INCO SPLIT 1991 5/1 Prof. Fee 355 5/1 Farm Lease 862 Credit 5/1 Closing Cost 279 8/1 Mortg.Int. 2876.72 11/1 Mortg.Int. 2872.37 1991 Travel Exp. 51 1991 Phone 28 Total Exp. $6f162.09 Total Inc. 862 1992 2/1 Mort.Int 2867.92 3/16 Cactur Hill 2038.99 3/16 Lease Paymt 2502 4/28 Tax 755 5/1 Mort.Int. 2863.37 5/6 Irrig.Water 2025 8/1 Mort.Int. 2858.71 11/1 Mort.Int. 2853.93 11/15 Farm Lease 3108 12/30 No.Poudre Irr. 150 1992 Travel 23.50 1992 Phone 6 Total Exp. 1992 $13583 .714 Income:5610. 0o 1993 1/29 Lawyer 313 .50 2/1 Mort.Int 2849.05 3/25 Irr.No.Poudre 150 3/22 Farm Lease 2220 4/12 Lawyer 114 4/12 Irr.Water 1650 4/27 Taxes 717 5/1 Mort.Int. 2844.04 5/4 Lawyer 258.50 6/1 Lawyer 142.50 6/25 Intermill-Maps 427 7/22 Application 1600 8/1 Mort.Int 2838 .92 8/2 Lawyer 434. 04 9/2 Lawyer 85. 50 10/14 Lawyer 1012 1993 Phone 35 1993 Travel 196 1993 Travel 20 Fax 12 Total 1993 114069, 00 4630.04 Inc. 2220. ca 9311,1'1 WELD COUNTY I I I� I— I EXHIBIT URBAN GROWTH I I BOUNDARY ��r A NUNN It cairn otr.P..�rr a ti U 5\\\ I U$ _ 'nG�6 III.M,NM. YPVK{y 11 f(/J i= MMHG PCORPORA1FD AREA] ® \'� �l b I WWI worm,eouwwnio rt BS I I v \ - „� FIERCE ' I p__ - �Dc AULT I A II 1` II I I I i 1 j I! Z ionEATO •— SEVERANCE WINDt .SOR m I 4II III 4 III17 J I 1 .A I I I III IT I ' I T Iii R GREELEY - i KERSEYI— I 1 1 I A3 It 34 I I tVANs •`" I 1 I I / �* MILLIKEN I I LA STALL I I I I I I f l JOHNSTOWN I I I I I I 1 � I ILL e I 1 1 GILCREST I . : 1 MEAD I . XII I . I PLATTEVILLE 66 + j l l l ��U I 0 119 es I II FIRESTONE ONE I Jill I KEENIS . RG I I {1 IL FREDERICK FT. LUPTON 76` , i52 } \h HUDSON DACONO - i , ERIE LOCHBUIE BRIGHTON.A■_�,FA S UU■u : I �7 93L1r1 1 y a . 5 • yr t,/ "'Si • i to • / : , / `� � P I ' 4 : J I .., •t . , r?,� "it I, .I ar - 4. . v I t - G -'i t C}, t. 4, * t, IP , . 1... • bf"-, ., _. Ix *' e. Li X \i t P. 1 i in • ' • Pi ,PC II C PO 4, n; SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Howard and Jeannine Enos USR-1026 1. The Site Specific Development Plan and Special Review permit is for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The property owner shall be responsible for all maintenance, including grading and snow removal, of the private access road known as Weld County Road 17, as required for ingress to and egress from the property to a publicly-maintained road. 4. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 5. An Individual Sewage Disposal System must be located at least 100 feet from any well. 6. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 7. All uses on the property shall be in accordance with a 75 foot right-of-way reservation north of the centerline of State Highway 14, along the south boundary of the Use by Special Review site. 8. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 10. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 11. 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. 93142 DEVELOPMENT STANDARDS, USR-1026 Howard and Jeannine Enos Page 2 12. 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. 13. 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. 931'r, CONDITIONS OF APPROVAL Howard and Jeannine Enos USR-1026 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The Use by Special Review plat shall be amended to show a 75 foot right-of- way reservation north of the centerline of State Highway 14, prior to recording the plat. 91' ]' k IN1. 9/6/qj WCL Co3S}414— •C's".3/43/4") !\ ;1t.S Epos - Rom. 47.-- z:lL.Pit%W.4.W � (7. >'�1! RTMENT OF PLANNING SERVICES ID t PHONE (303) 353-3845, EXT.3540 CuSEP 1 U 1993 WELD COUNTY ADMINISTRATIVE OFFICES C� 1400 N. 17TH AVENUE Weld fluntyPlanning \k� + vIEF:t\ThCOLORADO80631 COLORADO \i, 4�Date: August 3, 1993 ;....!(___ CAE NUMBER: US 26 er TO WHOM IT MAY CONCERN:Enclosed is an 'application from 'at z t is ;.t0, t ' •r•'=. for Site5' ecific Development Plan and a Special Review permit for a single fam' y dwelling on a lot.under the minimum lot size in the A (Agricul'tural):zone'di riot. . The parcel of land is described as part of the SE4 of Section 8, T7N, R6 W of the 6th P.M. , _ Weld pounty, Colorado. The. location of the ,parcel of an21 for which this application has been submitted is approximately 2-1/2 miles west of the Town of Ault; north of State Highway 14 and west of Weld County Road 17 ., This application is submitted to you for review and recommendation.. Any comments or ;recommendation .you.00nsider relevant.to this request Would be appreciated. Your prompt reply.will help.to facilitate the processing of the application and `^ Gr will ensure prompt consideration of your recommendation. 'Please reply bynrgtetif `Tmeow so that we may give full consideration to your recommendation. , Please call Inectlitif Current Planner, ' If" you haVe any questions . about the _— application. . lr - Check the appropriate boxes below and return to our address listed above. '. We have review 1 ed this request and find that it does/does not) comply, with our Comprehensive Plan for the � following reasons. �� S\ss 2. n 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-� Ple se refer to the enclosed letter.--(?al- ?S 4> Signed: . . Agency: C:DCD, . r5 Date:6 c; S 1 Sorr �or-& z . ) . • 1 • , J. 41• , . _ _ . . / I , ii . s,,, 4 J AD -tom'1 W: a ni-'�^crrQ: `1 'hoaciv-n.. �- ce InA:O47'� 1 9 -Lb a4(Ss\cn�,nt l.3. ;.14-% is��- \ W0h� Au.0n ht,..\ces4-4,.. ii A -ra . -\-?....w.“. aon is .`om AL S\4 (2) L3 ,•A-z k54_,.. 1<oj),,.4. - ‘5%- cam.\424-A. .i3O. O$o - Opt Oh �f1 �p � n(� �� `Ww \1O�,Sim s4,ov�� C'el2as'Jz� orb p'"c t�e�2;r.,�-QA A , erii-A Rb.1 O GS'b� � n � CG 11 t c 0 314 lac Cc. x.�.��"\�e't--lp\N••- $O N.rc Frof¢ rAl/J \--ca err-4"M-)V )krFK;taco 1...nn U n` f; V CLe, cacc.ea) -Vie V St orn:L{ fed° en-,cx,is ( .1.S y,�n. 1 fNi — JiU11t,t\ tnar..Sc3u.S ca. e c,"Q -LL, ramie,-itt,L, j1 sok.Q A- ti� -, \,..„ c L co , fre *c ekt 1dcR, ri . Skv_. is \s SWU',:Jv� LA- c.. \arl T Uex- 6w'�� 4 'may1 D 0 `ac'ccSs f� av� e \` t�.y e2L«.A _54+`ero�c5e� c�c.cess . l.� '.^r'ownQ+,,� ,. .. 9\r10‘-6(\ cto `Or �Wlw Nit e1a;"\Y\Thar)"Um1�c A"ir AL 4 ( "� Cr ktkAV `Lk, • 1`M;"il a`—`-w r;(1-4% a.\Oq �Q�lll+y .\Cr MMe"\s 1 "°t5A.- 1�` .. �' C, "s\-,Z .\ '` � \ \ �U.rd. re-o ex�en,. s a �rxl rue�C-e t.lz\\.'z'"\-;"'\\L tl�q�U,&,� n cr` At err 1' :, �rnesitcri` AM\\"ti notcs_Tho c..,�ia-�:np s�'ta<nAo .1.s ik"\ ,`�1,c_.,1 \ c�n t�,l e uu44.�AL 1.3 Q'crW'n,c.\!ki\Hee .�1. ":.� 'eil kk (�-r, -l bSe,-Z\\1, ca- CSC'• "7 tgAIC siotH iE A n Dur i i 3EP 2 7 1993 Weld County Planning Board of County Commissioners Date September 7R , 199' COLORADO BvuGe T. Barker, Weld County _Attorney s,b;ectUSR-1026 and USR-1027 ; Howard and Jeannine Enos On September 7 , 1993, the Weld County Planning Commission considered USR-1026 and USR-1027; Howard and Jeannine Enos . Attached are the two Resolutions of recommendation to the Board of County Commissioners regarding these two USR applications . Also attached is a copy of a letter dated September 16 , 1993, from Russ Anson, Attorney at Law, on behalf of Mr. and Mrs . Enos . Only six members were at the Planning Commission meeting on September . 7 , 1993 . Absent were Bud Clemmons , Bill O' Hare, and Shirley Kaminish. The Planning Commission has nine members . Pursuant to the Planning Commission By-Laws, a quorum consists of five members . The Enos ' applications for the two USR' s resulted in motions for favorable recommendations with three to three votes . I was the attorney who was present at the meeting. I told the Commission that the three to three tie resulted in a denial of the motion and, therefore, a recommendation for denial . 1 I now believe that the recommendation for "denial" is incorrect. I base this determination upon .the following: Section 24 . 3 . 1 of the Weld County Zoning Ordinance states the following: "The Planning Commission shall approve the request for the Special Review Permit unless it finds that the applicant has not met one or more of the standards or conditions of Sections 24 . 3 . 1, 24 . 5 and 24 . 6 . " A copy of this section is attached. Article V.E. of the Weld County Planning Commission By-Laws states the following: "The concurring vote of the majority of those members present shall be required to report favorably to the Board of County Commissioners any plans, reports or recommendations of the Weld County Planning Commission. . . " In this case, the Planning Commission did not have a "concurring vote of a majority of those members present" to pass the motion to report favorably to the Board of County Commissioners . Additionally, the Planning Commission did not find that the applicant "has not met one or more of the standards or conditions of Sections 24 . 3 . 1, 24 .5, and 24 . 6 . " The result is that the recommendation from the Planning Commission was neither to approve, nor to deny. USR-1026 and USR-1027 September 23 , 1993 Page 2 . I disagree with Mr. Anson' s logic that "since the Planning Commission did not make these specific findings , . . . the affect is actually approval since they did not disapprove by finding that the applicant has not met the standards or conditions above cited. " The Planning Commission could not recommend approval, because they did not have the requisite majority pursuant to Article V.E . of the Planning Commission By-Laws . To resolve this matter, I suggest that the Board of County Commissioners ask Mr. Anson if he would like the matter to go back to the Planning Commission so that it may consider again whether or not the "applicant has not met one or more of the standards or conditions of Sections 24 . 3 . 1 . , 24 . 5 , and 24 . 6 . " If Mr. Anson does not wish to have the matter sent back to the Planning Commission, then I would suggest that the Board of County Commissioners consider the statements made by the individual Planning Commission members as set forth in the minutes of the meeting on September 7 , 1993, and consider that the Planning Commission did not recommend approval, nor did it recommend denial . This matter raises questions in my mind about the consistency and coordination of the language found in Section 24 . 3 . 1 and Article V.E. of the Planning Commission By-Laws . I suggest that the Board direct the County Attorney' s Office and the Department of Planning and Zoning to consider these sections and to recommend any necessary changes to the Planning Commission and to the Board of County Commissioners . Bruce T: Barker Weld County Attorney BTB/db Attachments pc: Lee Morrison Chuck Cunliffe 4a1_1'" x.d �art��ru ,),},(y° >1'6r.�»jz' " a 13 ti 1 , j., I ▪ i t « ) U t•PKivF t AMY•( !"`� �d ../f Y :r'µ( , '� ) t.• I • t 1 I }5 C l t!1 5 VA,.F�}, 1 t..tJ 1�1yT t ..t, vt l lj � ( �: 7 1 t4 SL tla L . GNP Imo' ti �. if S'Akt .(1)5lnf'�:10'4b r?:4Nrti r1 [ ^ { 'I 1 f ( t .t4 f y 1 t I ! Y , ray Si.: 41i J 7,1:e t` t ia::fW cc t Y`1K 1,�—?71,t a .+ )l t' , y t x 'r v F k� 1, N rR t ,^:t l Y.t ,,r - Ar- c ▪ +5K) { t;..Ara 5 § n j t.�,i L a x v x t r t 1l n a a (,.z r [L, r,• x3 ry - 5 J rj .al i,{i$y IJ 4 } < n e , t - v r L i 4! +. _ xs- t c. L-'•ST AkS`rio;;it k tkt1,�.;A )f(i. j aY� zgieif l f'(1 )J�r r;- a 3 y' t l' I \ l a i ;:f.; ;J.'4 .Ji A TS y`i A,,F :li Y'GcPNJ'i�' 4Y-.4Fy P\Hy ,'1 1 1 :I J I's,t ) : . t ft. V 5 t J !� +' 4`Nl441 tli ,}Ki�5:1}xLilfAik iJ i t rt ti z +pt T 1 s yti4 Z9, Yll�fit L.+ k�q 3Mr1•k1�L• a- ) t _l L 5 t 1 • 'i :: J " tt 4r R4 .6 {+i r, � rtpt is )" Y , t 777 J i t .t IT d J 5 t LR' dDiot tt ca S r F aPstt a°.,n! 4 7, V..1'r�''i rt.+1 , d> R 4 ..'r r ., r F/l.i Yr ✓ I 15. t ' f n Vt 1 - t J a r yic,u,... r .,.1 x o i4 '�^'"F ,+�YJ ( r s, A £T y..• `>L s, 'i. ,, t q..f if d'.r yr af)at' 7. St1 ; aS4.yv 4,t`l' 3ilOi U!`' 't ✓ -! 'Ra,7 Vi ..1.1.4-6=::.;a v i, a" r 1`)�M 4 PJ.,"e ti k•* }j 1 • r{�. ...a��.F3>1 tw v'h4} ilt x" .a ��'(�=f�,{,�n t— xr"• a t }if' ^1, ro `,,, 5 r-et) -ti r i ;14 )y, ✓ 2 VI's} ! `.i ti ,A`.51^xA�i ti�rt":4rr�{`v 1tY 1.'.eV i.e.r. t<.L+TtNt�'iV JlP.iPfi Y+Tl '7;*.!;r f .ca�_N+� �A ,h Y k {+Y l+.„S Lf'tJ3{:A,�`4t�."�`'S 1:1;-JA t.4}Y�Ry�k.Y'IIE%f 1 4l .S4:4��e Y" {°`I )tJ 1.l -;elkf ;: ,"1/ t r✓ Y } PV- ,2 '' R y,r^. 1 '+5 q- .'^ ₹U�r� 4:4...` ,C. ..Ln ▪ M ✓ �l� .r 1• J gi' Y ; C`* -i: iulJfa t fit.?^1lY)+rA4\r;;;; 4 •+. ' t yrati w'>. s1t+c a •ti N �.` x t 3LJ'mm 4 Y tN`z' F)J L i 1r.: Fz rr r is n L.Y 4 .xA;1S..S igalt 9 G f'> 1 �r+ :% t `.sign;74 t�rL.441`t.. t;: S Y'.r t . � a t N� A�. 's {a'l Y Y1 t 4' Y� � `▪ r t ? 'K• ` ! r 43 43: '�w}I q y.. IN i ^ik. • V s y s . f i.,,'{ l,. ).J r} a r f t..' + n S i4 kF v !; t ax A z t r rY ,,.„.: . i y 'v �ati )y...5.�'t.✓tJtaf, c7 "4) 'S J# ) t ` ,2"'s Lt r�f•S4Lg J;�. '4ifC ( ), t1 YL r ,,, ''#'g"f„. 1„! ,L• „„1✓ SC.. ..,,6.J l(-♦ T LI I !, If} J xJt i{ • ?F� T, 1�Y P1^JIA d - ? x s rLL ..,,c-r SJ m,�a. + 3 i r ra ) ,,ra:< f „t'- 'Xa> e e ,,.. ,,,. ,, J' / i'>.} .. t s4 5 vA s,.. 7.xt�j Ir i"i1v 1,, !!x 5 F r eC f 1. 4 T i i,c tt ..b ..w -de— T t o rfiF t ;J'.'jjvv �.,kJ.,- Gn a Py y { '+a L ♦, a _ n t , a t ;`.J t13 t a}ti 'le 7 f 5Jrlh. 4t..4ly :r4-r,• r▪ t t �.', v3 )3"ff '`,.�tY %11/4"'t� r 1-`1:(1F4v{3cz`X G4.k ..)....L 4� -t�gyso-r '.I�:..T'r yc 4T' Y An.hfa`$'fl � I�:" 1?i.s. / n �r� tr �'•!f' LLii--'4 Z t//{{.. ,y4. aNJL F 2' Wk`C.4 1 1 t<'��„₹talal >JA— 4%74 y. V t � � �� 'd,,. p � �a YY�.{�,� a��jabM[ wl z m Y'J�/ r :�f t.J jny«�'.Z�]� w F. � ✓4r." .i �,vh+ <,4`.a 4try t •u;'L✓+•"A S ¢Ai !� r"L L .uin r �'7"1'en di at�#kF 1 ,�e„ % 1r , 1 ua-4, Gi:,L`3�aT ,dc1.,M•'su,•'' W"324i ,:tig`�l-ii i.m.. r R444,4"c 35e y4,.:4 r.e{ t:ri:;-) 6• .L313Ca.�trt i' 'CN.ri75. .4.eJ. I} S .r Te>�itw.�)f w a' 4;c#Ji,er':n. onto ', 4. r r >. vn y�v! Icy '7 ,, +r'+yn^ v, *) 41 yr r,}'ii"1 " Y.f- t:� !T' -•41 S ` 1 F ° al.Ff 1 !i �'� Fyr .( '.S?avx CA 'L-1 ..i 1P k'6T q !r w r }�, ▪< y nM 'r^ f ` `:Z. k t a' L:ar- °it fx 2:• it U TY l ,k`y`,.:9`.434:"*".- )f `3.'ttag,t101 75'°�_.° C*Vi1. A44INUL a r t_ 4 x 'iF"-:a. o t. M ii;- u+.,i E tGYR3. z. i �'k'1 -'. ll t. ..+ i.l AN it Ja�n � u.T tr.• u j f4 r`rp Y�x mt5u� ,yk L�2J* rr c) Fs a}.jY l?tt 3� � k x♦• k a,.Y:f'rttW fYk"t'W'Vt".f-t' Ar k 1;2'a; ,5,r A 1++)'ir w 5 fir. ":ate ,x).4 r R� tt ; a,'r w .tMt li-2.•;1;4J, tH0.;, ,: 3..!1tm f a I% ^!ax * ,C; A.,I* i ,ls, ic+' ...3 t a .ra 4r 3 w 2 rv.��yy gt! LS »'J , u} .t .t iG..4 Y. T t lNrli j 4 miry z t 'hr. si } t A + ^ h' rat iN L t a, / kiA g«ti .- x • ` ti • t rt r ,) lJ„.. .} T :yt A ` *r.,h , ✓,S,� t) s , 7 �s)t �tG G) t▪ yli Ta 5 `• ^ „.. 3 xfj A. yl,r,,b. . , . y .„ � ;, J I t i t. ( r �x .t. ' h' 4� t„"Ita 4 i, Y s 1"'{t nY 1[t ▪ w J t ✓'s a +, rr r ) } `. .4: t'%N.113t)N ! , ,t"N i h •! ft1 C 1 ! L'.) .I' l� t• L . r. S-'f`(Sa'NA 1 r MT^ 'r" rrr}1 ry r j. i .,f �Py n ✓ 1 l.-✓ •`123 u t s Yw .7. r t } .ti r r✓, ).S ri•.. i .- (' •- -t y L ! a l Yy'«it;liI'.h r.,y.ly1N tit 14LL ! i ▪ ) f x5_: )gz } 1 3'�. *''31 k of Sy i2.� l a:: J„'.✓ *:*,4 t . .t' `“- tThrtt i'V'i {Anri `}k.t � 51 r t x. . l.' /mss t w °?sy 1 5 5s •c {�t J�":"% '/. rA tt e t 7(1;i CS ,W:: 7 _ .. } s ?`w �'.2�MI' . Je. tcl ar � ��T i J!4 e a! in;e ✓Y'',;1 P*- t 7,'' I 't tti L'7r AWr' f a`� L• IZ•s3 ._ . ! �a�5x ) ,O cto b.e r }� r tt fs,'�y; ridy\ rt(rfh t�,. } idt .l? )9KSL } .yiw.1J r .. h/rat4t , .. )14„ht ;,.,1 , y� dY ...."y 'ra �4V 4a}ri"*'iu1'F▪ T) q ISM r t ✓ aL. >� ! /� ��tri 2 ✓tt Y ..AM v{.`f. . \ ✓ - t x R 2,,":N4�'j�43- r �.,( r�r �'4w1]j}4 r : t to ttl 1 S !�1.� , La ♦ t • n ,: k )rx U1c I At42• . AL 5 'J r t : n }f9L w 1, i C AJ4-. "A''t J' 4..S."` tat A. •g . ge �..a ''. t f}2Y h tll,t,ti,y!,'4 d-'74 .LW i-S- 4l,{Jgt t� r Y h ] w i fi i.:-/t't '.y .2 :-' '' 4 ixcnd _J + CJs ka it r.J J xv L l f� S H �'Kj t ,J ff !�s ii „�s tr n(r J )f� to st vA� L t s�)`, �>. k� ytry! yi 1. J t ! ry V SsIA t Y <31Rt* `^i any `4' 4 414. .Fta$4;• < a•zk r y l f , r f 7 .Art 'rFC r a t?: u:• f j.: tea. .{ 't.044.� f. ..�u f. , �`� ,jG • Lm 7 a, m f.f.Yv,4 t it . "�.,r,J`• , .. H t. 14LT- , . sig }rt n ,J�q. k !�^ N i d &Y '" ,J.i fr sJs bt G T'j , K .qxs t '•-f�7) v ss,2 , 4Tv(Rf.•,.r 1 .at ,. '' 3 �At".?TS�.}.t. 3 /Y.A S� m4,?K f tt,/fi�r s(1�yy�"'y� `“'sla` 'r1,:: a N 4+7 i{ k5 --itf mat G-t{Y 9Sr 4,a'�J 0.3t'[:' . ^,iy' .7 --43\4 �yM'F'" An 07.i: 'nL ✓0.y 5i.1-t Y vt. .tA4t.4 tic t▪ t 7i y �'Kw33(� �-, ...:;?:*,,,-..127 'i�FM�W�y t {' --2;cvvR-g-.• �t A�'�t .. J 4 Tr r �` f,c..rm� u 5 y, 1. n.l'.Fpi;t ) 1,y, l.a"'t fLA)M.l+l.1lj '"'G 4r� ) '.y.M'i4uPi'•`�w ' :�'r: JI}�, ,..: .Fib. ✓"firiti t�J`i't t.Vci, f.i l LA1`$'.,�xsi _e�^ 'g� riu `149, a? r' : .-• 't. . . !•J +r " .r't • `M rir�' L f r i4'ny !�R x,r k to a�w4 (�. :J')y,r` de i3 rn'3 I(� yaY ' ++i yt r r [ta�i'`�7-zttr lL> ct" N73�it`[ LaY}F3�„�g ,1y..! r"'.Vtlyt+u��' ---,J. , � . u.n� `a,!'�17.} '$K�S¢ y.S' Z ',.'l�.il: ' W.;1y1. SN,.,...-:+�,.:..{�..S'3?etiL3' -:t7.ziYt9dGxt`t�1n &"tf' 24.2.2.6.22 Any other agencies or individuals whose review the Department of Planning Services, the Planning Commission, or the Board of County Commissioners deem necessary. 'u' 24.2.2.7 Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with the Weld County • Comprehensive Plan, adopted MASTER PLANS of affected municipalities , sound land use planning practices, comments received from agencies to which the proposal was referred, and standards contained in this Ordinance. Ill24.3 Duties of the Planning Commission 24.3 .1 The Planning Commission shall hold a hearing to 14 consider the application for the Special Review Permit. The public hearing may involve either the ' Special Review Permit application alone or may ill include the review of concurrent applications under Weld County' s provisions for Overlay Districts, Section 50. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Special Review Permit. The Planning Commission shall approve the request for the Ijill Special Review Permit unless it finds that the applicant has not met one or more of the standards or conditions of Sections 24.3.1, 24.5 and 24.6. ill The applicant has the burden of proof to show that the standards and conditions of Sections 24.5 , 24.6 and 24.3.1 are met. The applicant shall demonstrate: 24.3.1.1 That the proposal is consistent with the Weld County Comprehensive Plan. ., 24.3.1.2 That the proposal is consistent with the intent of the district in which the USE is located. 24.3.1.3 That the USES which would be permitted will be compatible with the existing surrounding land. USES. 24.3.1.4 That the USES which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities. 20-31 idg li24.3.1.5 That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within the Overlay District Areas identified by maps officially adopted by Weld County. O. 24.3.1. 6 That if the USE is proposed to be located in the .> A-District, that the applicant has demonstrated a II diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed USE. 24.3 .1.7 That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the • County. 24:3 .2 The Secretary of the Planning Commission shall ll s� forward the official recommendation of the Planning Commission and the information contained ii in the official record, which includes theII Department of Planning Services case file, to the Clerk to theBoard of County Commissioners within ten (10) days after said recommendation has been II made. 24.3.3 If the Planning Commission recommendation is conditional upon the applicant completing certain II specified items prior to the publication of the 4 notice for the hearing 'by the Board of County Commissioners, then the ten (10) day period shall commence 'upon submission of the items by the applicant to the Department of Planning Services. 24.4 Duties of the Office of the Board of County Commissioners II . 24.4.1 The, Office of the Board of County Commissioners s shall: II 24.4.1.1 Set a Board of County Commissioners public hearing to take place not more than forty-five (45) days after receipt of the Planning Commission recommendation, or upon request of the applicant, for consideration of the proposed Special ReviewIN Permit. 24.4.1.2 Arrange .for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in • a newspaper which is published in the area in 20-32 1 9n ri A Bylaws - Weld County Planning Commission Page 2 C. The Department of Planning Services shall provide a secretary to the Planning Commission. The secretary shall maintain the records of the Planning Commission. ARTICLE V - Meetings A. The Weld County Planning Commission shall meet on the first and third Tuesday of each month if there is business to be conducted, in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, at a regular time Co be set by the Chairman of the Planning Commission. In the event the first or third Tuesday of any month falls on a holiday officially designated by the Board of County Commissioners of Weld County; the regular meeting may be rescheduled by an affirmative vote of five (5) members of the Weld County Planning Commission taken at least seven (7) days prior to the date of the rescheduled meeting. B. Special meetings of the Weld County Planning Commission may be called by the Chairman or, in his absence, by the Vice-Chairman, provided that at least twenty-four (24) hours notice is given to each member prior to any such special meeting date. C. The order of business at all meetings shall be as follows: - • 1. Roll call; 2. ,Review of the summary of the previous meeting; 3. Business matters. D. A quorum shall consist of five (5) members. E. The concurring vote of a majority of those members present : shall be required to report favorable to the Board of County '- Commissioners any plans, reports orrecommendations_. of;the Weld County_Planning Commission, or to approve any,,application 9 which.does not require review by.the Board of.,County .Commissioners: Votes:to "abstain" shall neither be considered a :"yes".:nor 'a "no". vote.i] F. The Weld County Planning Commission shall keep a summary of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such vote. ARTICLE VI - Expenses Within the limits of funds authorized by the Board of County Commis- sioners, members of the Weld County Planning Commission shall be reimbursed for mileage and other expenses incidental to the perfor- Lmance of their duties as members of the Commission. • 231.4 1" R. RUSSELL ANSON ATTORNEY AT LAW w-r-I 820 13TH STREET :- GREELEY,COLORADO 80631 `c+' err n (303)353-5508 September 16, 1993 TELECOPIER:X303)3535722 CL It "H Office of Board of County Commissioners P.O. Box 758 Greeley, Colorado 80632 Attn: Constance L. Harbert, Chairman Re: Applications of Howard and Jeannine Enos for Site Specific Development Plans and Special Review Permits Dear Madam Chairman: This letter is in response to your letter of September 14, 1993 indicating that the Planning Commission had recommended unfavorably USR-1026 and USR-1027. To put the record straight, a motion was made by a Planning Commission member to recommend to the Board of County Commissioners approval of both the USRs, however, the motion failed to pass because the vote was three (3) commissioners in favor and three (3) commissioners against. No other motion was made. Therefore, it appears that there really isn't any recommendation being presented to the Board of County Commissioners by the Planning Commission. In fact, Section 24 .3 . 1 of the Zoning Ordinance for Weld County at page 20-23 states specifically "the Planning Commission shall approve the request for the Special Review Permit unless it finds that the applicant has not met one or more of the standards or conditions of Sections 24. 3 . 1, 24 . 5 and 24 .6. " {emphasis added} Since the Planning Commission did not make these specific findings, it would be my opinion that the effect is actually approval since they did not disapprove by finding that the applicant has not met the standards or conditions above-cited. In any event, we are asking for a hearing before the Board of County Comm' o s Very tr r , /7j . Ru 1 An n ttor y At Law RRA:kb C: Howard and Jeannine Enos QZi 4-.a."' �,c{)/�I/t F CC ; i_ eik 4.71 • , 41.1 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT. 4200 ' FAX(303)3520242 P.O. BOX 758 C. GREELEY COLORADO 80632 COLORADO September 14, 1993 Howard and Jeannine Enos 3704 Richmond Drive Fort Collins, Colorado 80526 Dear Mr. and Ms. Enos: Your application for a Site Specific Development Plan and Special Review Permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) Zone District (USR-1026) has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as Section 8, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by October 15, 1993. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Z-•279t.2--aTta-f---"vXCV/La''W‘-- Constance L. Harbert, Chairman CH:ld I/we, , do hereby request the Board of County Commissioners to review the above mentioned application. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 7, 1993 Page 5 Juliette Kroekel - As members of this commission we are not paid. are part of the community and we do really care about what goes on out there . _ have propane on my property and a resulting explosion do to human error and we do care, that why we' re here and that' s why your hear, because we want to listen to you. Judy Yamaguchi - I appreciate the communities support in being part of the decision making. We are here to develop guidelines. When an operation is going into place, whether we feel comfortable or not, emotions and involved and we have to weight out emotions vs . facts of the issues. It is better to have specific guidelines they must follow to make it safe and livable for all the people around. Hearing what the community has to say and putting it into the development standards and guidelines. I do hope you get the information you request Mr. Miller. This recommendation will be passed on to the Board of County Commissioners, you will have another opportunity co share your facts and emotions with the County Commissioners. CASE NUMBER: USR-1026 APPLICANT: Howard and Jeannine Enos REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles north of the Town of Windsor; north of State Highway 14 and west of Weld County Road 17. These two cases were presented at the same time. Russ Anson, Attorney, representative for Howard and Jeannine Enos explained this property is an entire 80 acre parcel. They want to divide it into two parcels of 42-1/2 acres and 37- 1/2 acres. They plan to place a single family dwelling on each parcel. When the property was purchased in 1991 the seller told them they could build. When they tried to apply for a building permit they were denied. A substantial change hearing was scheduled with the Board of County Commissioners, and approved. Public utilities are available to both parcels. The gravel access road is in excellent shape. The property is not suited to farming due to the small size. This request is consistent with the Weld County Comprehensive Plan because it is within the outer portion of the Urban Growth Boundary. The Windsor Planning Commission unanimously approved this application. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. TX SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 7, 1993 Page 6 Howard Enos , applicant , said this application will enhance the lifestyle in the area. There are 40 acre parcels in existence to the north. They are on the outer fringe of the Town of Windsor and could act as a buffer from the larger more agricultural areas . He gave an overview of the difficulties of making a farm this size pay. Road maintenance was discussed. Jeannine Enos explained the other residences in the area in relationship to the road. Tom Rulon moved Case Number USR-1026 be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval due to the present hardship on the property owners, the location, and the proximity to the Town of Windsor. Juliette Kroekel seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel-no; Ron Somer-yes; Tom Rulon-yes; Juliette Kroekel-yes; Marie Koolstra-no; Judy Yamaguchi-no. Motion denied, tie vote. CASE NUMBER: USR-1027 APPLICANT: Howard and Jeannine Enos REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles north of the Town of Windsor; north of State Highway 14 and west of Weld County Road 17. Tom Rulon moved Case Number USR-1026 be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval due to the present hardship on the property owners, the location, and the proximity to the Town of Windsor. Juliette Kroekel seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel-no; Ron Somer-yes; Tom Rulon-yes; Juliette Kroekel-yes ; Marie Koolstra-no; Judy Yamaguchi-no. Motion denied, tie vote. CASE NUMBER: Amended USR-972 APPLICANT: Laidlaw Waste Systems (Colorado) , Inc. REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a soil storage area for an existing solid waste disposal site facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 29 , T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Erie; approximately 1/4 mile west of the intersection of Weld County Road 5 and 6. 97)3.',i',' BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Rulon that the following resolution be introduced for passage by th€l_C'-'" Weld County Planning Commission. Be it resolved by the Weld County Planning' Commission that the application for: CASE NUMBER: USR-1026 NAME: Howard and Jeannine Enos ADDRESS: 3704 Richmond Drive, Fort Collins, CO 80526 REQUEST: Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles north of Windsor, north of State Highway 14 and west of Weld County Road 17. be recommended favorably due to the present hardship on the property owners, the location, and the proximity to the Town of Windsor. VOTE: For Passage Against Passage Ron Somer Richard Kimmel Tom Rulon Marie Koolstra Juliette Kroekel Judy Yamaguchi The Chairperson declared the resolution denied (vote was 3 to 3) 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 of the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 7, 1993. c ed the 7th of�September, 1993. 4)--(1) haryn F. ff Secretary 931.'-1 ' INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Howard and Jeannine Enos Case Number: USR-1026 Submitted or Prepared Prior to Hearing At Hearing 1. Application 18 pages X 2. 1 Application plat X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. September 5, 1993, referral from Colorado Department of Transportation, received after the hearing. 12. RE-121O Board of County Commissioners Resolution, dated October 18, 1989 X 13. SCH-5 Recommendation, dated June 24, 1992 X 14. August 23, 1993 field check from Richard Kimmel X 15. August 11, 1993 referral from Weld County Engineering Department X 16. August 17, 1993 referral from Weld County Health Department X 17. September 2, 1993 referral from Windsor X 18. Weld County Urban Growth Boundary Map X I hereby certify that the 18 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on September 10, 1993. Curren P anner STATE OF COLORADO ) ) COUNTY OF WELD )SUBSCRIBED AND SWORN TO BEFORE ME THIS 1-day of _19q......,SEAL r 6 % td ',. O J , , • PU) : iketRIIBL 1,•, O • i NOTARY My Cats isiattss ides f\ J 31, )qq s. h/4// /4 93111" EXHIBIT INVENTORY CONTROL SHEET Case /4.5,0e /d Flo �ti rd +�✓LGt1/,/7iite �D Exhibit Submitted By Exhibit Description A. f�d7?il/ L--1 /-1 dT'ZLAe2 z2-27 1/1-724,',2 B. f/ z2 n7rr)es:e",/ >i�' 6Zie Gen- d /6-e-099212:0?det.`4/4n (-4 i li 77C. � "2M./ ‹c//1-21 /31 l�r�r�'g/11 D. %oh;E. Zia-56P7-7 /91-72;;e0-7,_ •4-1/2.A47,3F. C-��/� D � ear/ G. Aw -,e.ft T 1z 1 v ceS p(bcr Ur A C7cd i•vti he ( H. I. Pl J. L.'+ -f A C. 1n c.or, Q_ I1 / K. (-CV Q-V AAS r/ } � l L. M-2,f1RAl - I (") %i‘C1( tA i k c. Il M. j l 4 04 \Toci N. ►cwt- L(kt'k.4-- LEA(.c o. PIGkAAti c.0-. Ac6'r,t` CAN P. Q. R. S. T. U. V. W. X. Y. Z. 971.4-1" CONDITIONS OF APPROVAL Howard and Jeannine Enos USR-1026 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. 9311.1!" SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Howard and Jeannine Enos USR-1026 1. The Site Specific Development Plan and Special Review permit is for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The property owner shall be responsible for all maintenance, including grading and snow removal, of the private access road known as Weld County Road 17, as required for ingress to and egress from the property to a publicly-maintained road. 4. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 5. An Individual Sewage Disposal System must be located at least 100 feet from any well. 6. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 7. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 8. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 9. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 10. 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. 93111'7 DEVELOPMENT STANDARDS, USR-1026 Howard and Jeannine Enos Page 2 11. 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. 12. 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. 93111"Y i ' 1 1 I 1 1 I WELD COUNTY URBAN GI,OWTH BOUNDARY NUNN WIELD °COUNTYiM DEPARTMENT St nvw 1T OF M ...MN DCSMO saaw.uha AREAS IIII21 1 - WM a n, I t Ia5 I I • i. -- - � �1 t -ERCE / r� �-= =_ Iillll��lli► .65 w kli ft. EATO • °• o 0 I SEVERANCE WINDSOR L I 1 J I A I f r •a :`,4::,4,Z, I i I I I � 4 I I ' I I IG I ' I 1 i � P ._GREELEY' i KERSEY I jEVANS ' 9aM I . LILIKEN1 LA SALL I �V11� JOHNSTOWN I .y 56 I 1 1-25 GILCREST MEAD, V I 1 ��► L_ Ill I .r PLATTEVILLE i I I- I I O 11 i I s I 'FIRESTONE KEENESBURG tlil ► ► I I n FREDERICKt. FT LUPTON , 52 r t;MO �■� I lli I HUDSON DACONO r i ERIE isi ' LOCHBUIE �., BRIGHTON A�■.■F��w'_■..■' DATE: September 7, 1993 CASE NUMBER: USR-1026 NAME: Howard and Jeannine Enos ADDRESS: 3704 Richmond Drive, Fort Collins, CO 80526 REQUEST: Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles north of Windsor, north of State Highway 14 and west of Weld County Road 17. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: The applicant has not demonstrated in the submitted application materials that the standards and conditions of Section 24.3 of the Weld County Zoning Ordinance have been met. The proposal is not consistent with the Weld County Comprehensive Plan Agricultural Goals and Policies. The Comprehensive Plan discourages conversion of agricultural land to residential development when the subject site is located outside of a municipality's comprehensive plan area or urban growth boundary area. The existing 80 acre site is presently used for growing corn. The soil type is Kim loam, which is well-suited for all types of irrigated agricultural production. This parcel of land is not located in an urban growth boundary area and is intended to remain agricultural rather than develop residentially. This proposal is not consistent with the intent of the Agricultural zone district or with the future development of the surrounding area as permitted by the existing zoning. The future development of the surrounding area is not designated for urban-type uses and the incompatibilities that they bring local farmers. Nor is it cost effective to increase the need for urban-type services in rural areas. The proposal is not consistent with the intent of the agricultural zone district. The applicants are proposing to remove 80 acres from agricultural production so that they may retain a portion of it for their future homesite and rural-type activities and sell the remainder of the property for a similar residential use. Special Review permits #1026 and 1027 are in conflict with efficient and orderly development. Parcel size in the surrounding area north of State Highway 14 has generally remained 80 acres or larger (see attached parcel identification map) . The exception to this pattern are the two parcels directly north of the subject property. Recorded Exemption #1153, approved in 1989, divided 80 acres into 35 and 45 acres, more or less, allowing two large rural residential properties to be developed. Approval of these proposals will only encourage this type of pattern to continue in this and other similar areas. 93111-1 RECOMMENDATION, USR-1026 Howard and Jeannine Enos Page 2 Adequate access is not available to the site. The private road labeled Weld County Road 17 which lies north of State Highway 14 provides access to the property. This gravel road is not maintained by Weld County and dead ends approximately 0.3 mile north of State Highway 14, according to the County Engineering Department. While it is true that other residents north of the subject site use this road, it is the staff's opinion that the additional traffic generated by the two proposed dwellings will impact the condition of the road. Most county residents depend upon snow removal and road grading provided by Weld County on access roads giving ingress to and egress from their properties. As development increases along this private road, a demand for County road maintenance may become an issue. 9-1.116.7 ADDITIONAL COMMENTS Howard and Jeannine Enos USR-1026 The 42.54 acres described in this application is part of an 80 acre parcel. In 1989, the 80 acre parcel was the subject of Recorded Exemption 1210. The request was to divide the 80 acres into 34 acres, more or less, and 46 acres, more or less. The Board of County Commissioners voted to deny the division, citing its reason as evasion of the intent of the Subdivision Regulations and inefficient and disorderly development. Mr. and Mrs. Enos purchased the property in 1991 and through a substantial change hearing, gained approval to submit this special review permit application. USA- /02746n has also been submitted by Mr. and Mrs. Enos in conjunction with this request; they are proposing construction of a single family dwelling on the remainder of the 80 acres. If both requests are approved, the land will be divided and two dwellings will be built. The subject property is approximately 2 3/4 miles north of the Windsor city limits; however, the actual core area of Windsor is 6 miles away. In a meeting on September 2, 1993, the Windsor Planning Commission recommended approval of Special Review permits 1026 and 1027. 93111'" •_it t.-- ---- DEPARTMENT OF PLANNING SERVICES ' PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 111le N. 17TH AVENUE GREELEY,140 COLORADO NU COLORADO Date: September 2, 1993 CASE NUMBER: USR-1026 TO WHOM IT MAY CONCERN: Enclosed is an application from Howard and Jeannine Enos for a Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 3 miles north of the Town of Windsor; north of State Highway 14 and west of Weld County Road 17 . 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 September 6, 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: i � 5. Please refer to the enclosed letter. � !%.G Signed .2 Agency:�Llf�7l Date: '� 0 SEP 7 1993 11 9a1tr, weer^ynryPlanning LAND-USE APPLICATION SUMMARY SHEET Date: August 31, 1993 CASE NUMBER: USR-1026 NAME: Howard and Jeannine Enos ADDRESS: 3704 Richmond Drive, Ft. Collins, CO 80526 REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles north of the Town of Windsor; north of State Highway 14 and west of Weld County Road 17. SIZE OF PARCEL: 37.51 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. This request, in conjunction with USR-1027, is to grant two legal building sites on an 80 acre parcel. The applicants propose to split the property upon approval of both Special Review permits. If these requests are denied, the applicant may still build one dwelling on the total acreage. The Department of Planning Services' staff has received responses from the Weld County Engineering Department and the Weld County Health Department. The Department of Planning Services' staff is still waiting for a response from the Colorado Department of Transportation. The Department of Planning Services' staff has not received any objections from surrounding property owners. 9314-17 1 _ T 't.CTC. o Z. 1 0CT 2 4 1989 Weld Ca. Plamlu Cussisauc �«?t .3% r .ea ; L r RESOLUTION c.4_ ` is RE: DENIAL OF RECORDED EXEMPTION NO. 1210 - FIRST NATIONAL BANK Y*'c¢t ,4 IN LOVELAND, TRUSTEE Y'"", WHEREAS, the Board of County Commissioners of Weld County, 4 Colorado, pursuant to Colorado statute and the Weld County Home ^" , 7 Rule Charter, is vested with the authority of administering the .''"' affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its y authority under Section 30-28-101(10) (d) , CRS, as amended, at a ;, purblic meeting held in the Chambers of the Board, considered the +- {s quest of eFirs Natio al Bank in Loveland, Trustee, for {yi Recorded Exemption n WHEREAS, the request for Recorded Exemption No. 1210 was to v Ly:',L divide property which is located in part of the SEI, Section 8, ti, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, into parcels estimated to be approximately 46 acres and 34 acres, and WHEREAS, after reviewing the recommendation of the Planning staff and hearing the testimony presented, the Board determined that said request shall be denied for the following reasons: ` 1. The applicant has failed to show in the submitted application materials how this request is consistent w .Y with the Weld County Comprehensive Plan and efficient r--.9. and orderly development. ---- .nv- _7t 41-41 4 • 2. The use of the Recorded Exemption would evade the );4' requirements and Statement of Purposes of the Weld 7 - County Subdivision Regulations. *-w-. p._t ° 3. The level of development and the potential for continued divisions occurring in the area would not provide for the health, safety, and welfare of the inhabitants of the neighborhood and the County. J. -Pt,; ,'N 4. The applicant has failed to show that one or more of the Standards and conCitions of Section 9-2E. (1) (a) through , (m) have been met. t ,, ` - NOW, THEREFORE, BE IT RESOLVED by the Board of County 'iF ;; Commissioners of Weld County, Colorado, that the request of First : ?- 3 National Bank in Loveland, Trustee, for. Recorded Exemption No. ru. 1210 be, and hereby is, denied. ' 891118 ., . 931.' 1"' rd ! v • +C. T e. • I' j r 1' 0 I ;I - t TM.P f frf . 77 ,' 4,M1n c*,'-,tL yam• Page 2 t RE: RE #1210 - FIRST NATIONAL BANE IN LOVELAND, TRUSTEE W The above and foregoing Resolution was, on motion duly made c and seconded, adopted by the following vote on the 18th day of • October, A.D. , 1989. • • : ,nb i / BOARD OF COUNTY COMMISSIONERS ATTEST: r �{ WELD COUNTY, COLORADO 7 Weld County Clerk and Recorder EXCUSE ls and Clerk to the Board C.W. rby, Chai n 6 e -BY Gene R. Brantner, Pro-Tem Deputy County ler L/6 APPROVED TO FORM: Constance t. Harbert �" p:, cmc...., ounty Attorney .. 3i Arm...n'.Y1•:.t.,r 89111 . DATE: June 24, 1992 CASE NUMBER: SCH-5 NAME: Howard and Jeannine Enos ADDRESS: 3704 Richmond Drive, Fort Collins, CO 80526 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Highway 14, west of Weld County Road 17. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: It is the opinion of the Department of Planning Services' staff that the applicants have demonstrated that a substantial change in facts and circumstances has occurred. The applicants propose to apply to divide the property using a different type of land use application than previously submitted. A recorded exemption application was denied in 1989. The Special Review permit applications, proposed to be submitted, will be reviewed under different criteria than that used for the recorded exemption application. If approved, the Special Review permit applications will allow a single family dwelling unit on a lot under the minimum lot size. 931.41' 106. .. I i� -ice "v `I 7 �,! H,.. ', „.--.._:....,-C� I 3:3 ,. J \--i'i\ '• el n Ili T9N. _ 704. . . \e e. \ —� .�1 Ixo x xe \ ��® • 10 x. I , x, , / I 102. .. ¢ f \ \ •t100. . w .f� �e�� a \ , `, +�,o k. F", • _ ,° L. \\ I I ,gam', ]]]�� I u N F 98-. . — ' Second h "{ ' • Z • 96... L \ ! , • 99 94. .. p — �1 ��. T BN. = I, \ : I 1 \• ®< \• .�° 92. .. . E" I _ \' ,Y ��i \a. •: ' C ki• P• il ZO li •• r i` 1 \*. _, x.`-• ; x, ,. ,. tee , ,. x. _,• I. _, 43 -� 88. —_ ... N II v • az v `•�� as ,� • ai' I u. » ' r: a t ° as , ° „ 86. ... _ °.l��a„`•j .≥r / •..a ' \I i ° • 7 •./.. ...' .° . .. I. 82.7./.7/0,•.74.1 �• . � ` ,�� `• l :1N — _.., . �yy��las f .,. 'A. ar In, i'� n en. / //v'e�J-/ . �a I 1 a ' `' a t I W T 7N •80.. .. r °Am..5L . _Ll \ •n. •- `� it •a hp; o ..\L.. k' •ey` y, . 0 zo�1' •i • . 51 xx • I. n o z x t ' „ ° °'x,. . ' a p°aie.e • -- 78.... �:.,. • ° [h • C —d . ( .—_ ' : ( F.,.,�, I'• • 7.• • ..,e �x; , ° x;• ` o: fix—'- :•�.. I�: ,_ x. , 6.• _ • GFfa •L✓£5I£RN• —•ve •xaa ° I war' —, ° • _„ 1 33 ,• SEVF.4 r•C I •.oe re ,1C`.l �-S{ .cam•, 3,lef�,.. .,n •K=:.......v. _ it-- • `'i . • • • •• • / • - . a •t..` ° Gam, • �..w.r.• •• •• ,• • E<T0e.• "� ayply( 5 II"! ° • i x l 'EVEnnNCr �u• \�/ 1 ylA I ' • '/1 TO no u - c,.v a 8x' . ••bavi"- a. • I•� • • ?•• I •• \ it •I • n7,7�.. �4 • : • We•• I \11 • °o �% •• • • • • �e 4, • '• I , • •a • I. io S. �n x \'• •• •_ .xT—v` 70.•e`au . - ie . �.(44 ~•'••_._ ° ' s ' ' :. .. a'^ ^+.V ',�a``� �@ .;: • 1•K s 68 T 6N. • •• . i. ' a.P !, . 1e T •n :I. rrI `.. -.'1-'VIODO I .'s�;:. • �_ ew.\_\\ ..� - - • zo ror .as .. • i . ., .{. 41---r, airy . i'o '{dA •a I 7�, r. \\527...!1.1-..:...is. • f • 1, 7. 23)- • Fin • °••. zz '•y •, M• x• 1f•' 'I.• •'f 1 ~it.:IlFr.2-.. i D a a• n 0Ic.i�• . F_•a°➢=• •'`SOo4.„... ..a, �yg`Q 7 'e n �t,{i I r SEkV01H r r S i / Al I � . 4d\iThto l\ \\ 1. \ 5Tfl5 � 5r0<� II. lN' r y,v �J2LN ,� 4 Ali � � �� TIrk ',,------;:;\ Cam, 1 �'� 1 � �� \ pV �I 40 c' - .y \ d� o �� / .7\0 ,Y`- , AL ) V i ,Itz v t// I 1 ( '' �I J ( <-1 � Maha+4 I �J�7 1' �� 1/ l A ,�_.. 161sra f \\ lR j _ rJ 'Is COLORADO ND �,SQL/YN Sole__rc:X14 � , I, e _ % ERN �I II J soy 91 ,� 1 I:11 'dark I�jlllbw 1V. I 1 I ,r 1 IcvvJ �. , .16lrtry 5O81 I., I l Lake i ^�o 1 III /, _ `i . — A I 1 W .`. it 1 ,�._ J 2;e i� -///' .. . �1 II ! \ ,,..„(,--\ ` �' \ I ` I I I �.LnJ 1 In Ro �,.. �� ..� 21 � �22 iii ((( �0 d� 1 ; v4\ % A �. 'V�''° 1 i I\ 1 �� S / �! 1 I 11 A i.. , 11 �A _ 89 :111 1 �,. 4 __, " a Ills I1 • h l vs i , fFr { ;w Ja :.R i i , i.�y,. r fl p i2 i}ai .4n tft •ttik iY " �3 'p ,"/ b4 � . 5x Y: xIiii w. app. 4• ll ,-...at: '' ` i ihr • • 4` t "i fir•..:., s: , e.A3 • . . .,..4,44. . ..*::- .... __.....,____.-...-...1,Li •-• . —,,,... • • . .....111'I' '":"::-.0.1/.:.:717.".::::- . • - e.-.L.:.‘1"‘:- C1'1.1111 Hi; •. ......,•..• .',. . ,‘N'' 0 . . '• .•.• II t in. #^ '..3A i - ... •r ON #' .' yt n . .'.w q1. -aysiti '4' { F w M • i / • f 1" 1 ' „ A f • •1 c ' + i _ { • • it t - S • 9' 4.,,..:„.^-4t& ..: i. • •szct b y •( ,a a - `. Ill Jt -/ - f '14 .A l'}#5.4';''' - cr to r kn , i R4,e xi a A.. faN e.7rtic {`, ' �� 1 J. rd cy§,F a I fir' :la,' s ax °, r . 5 c . . XI P t )d 1 d "�1 ,f ro } -"Arty MY I 5 CY • r;. , tt r' t.S q n ; . , ..N 'I r r +ref✓ , i,+ .-y '1! r ;+L 4' y40`-' '� �� -7.:-;;;A tjd, �IX s� R 3 / f'x 1,';r} zit 4 w r+-PA M Ik. a P� e F F' r & J 0 (.1-"';'Jam, 1 Yn s. K a a rr^� ,. a �n lk f ryt�M v 4 • x i . 14,•,,,,3 ..7:- .. ry� .., :,•...?:;,,,"� lk�! %ó\ L ' . b y : +n r, A� n i wt1. ,..t...;'4 ot, W ;r .;;./if,'-, u1 r ,,14t" --a4it; ✓ r�L r , -i PJ 4.}Ab . '�Ys_{il 5 { P r Vq Y1 a ' �` ,n?*�y • `"pry all l' t ., . „. ,,... �� ), .. Pl - ::3�� r�"yam' a _ �W Yyi'= C5" ' Y:a14txh 4 ,yt^ ..-�... T�° ,. Irtoree r8 tp r fl. if r p •v .'fir-aw i f tl..'ffi u - mi. ?:44 :4.xRb"r�' l V T { fM :4.:K.,. a AA�p x � v' ,c S � � �, !,'";37t-,:j � t ,-41.1t-.4.4....t.11 . , ''' d .� f e 5",q'` sax;t}.x, t a. ♦ w i�.«+" , 'h N 3t' �' L'Y� T. +n Xr `�,v 4t e1 l _ fMsu .� ��rM" "'�S .�. . b Q'lc1 41 I . o� �1 r i . rPr i , - ... .s.4:,-a,4-4.4: 6` I r ' L. Y a. r S•Y. a k` '¢t �iH I y / 11. �yj i�j,{y�^4tlf - r k t n 4.4?..-t, r t r Y Y 21, [ (� i S.f I ti , y 1" 4 rc.'. ' �` FIELD CHECK FILING NUMBER: USR-1026 DATE OF INSPECTION: 5/1 , 3 APPLICANT' S NAME: Howard and Jeannine Enos CURRENT PLANNER: Gloria Dunn REQUEST: Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot under the minimum lot size. LEGAL DESCRIPTION: Part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2-1/2 miles west of the Town of Ault, north of State Highway 14 and west of Weld County Road 17. LAND USE: N /ret--71/442/72/ E S �/j/ /� W /0.2- l ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: T ‘;;--e; � ? j .1z ete-w, Are47427//4 f; 2 4-� 1z Q �%/� t-ey . 9311.1m7 FIELD CHECK FILING NUMBER: USR-1026 DATE OF INSPECTION: August 13, 1993 APPLICANT'S NAME: Howard and Jeannine Enos REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles north of the Town of Windsor; north of State Highway 14 and west of Weld County Road 17 . LAND USE: N Agricultural production. E Weld County Road 17, vacant agricultural ground. S State Highway 14, residence, agricultural production, water storage tanks. W Residence, Larimer Canal, agricultural ground. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The proposed access to the site is from Weld County Road 17 , a gravel-surfaced road which dead ends approximately 1/2 mile north; this road is not county- maintained. The property is a cornfield. Glor a Bunn, Current Planner 9311 1"r REFERRAL LIST NAME: Howard and Jeannine Enos CASE NUMBER: USR-1026 REFERRALS SENT: August 3, 1993 REFERRALS TO BE RECEIVED BY: August 17, 1993 COUNTY TOWNS and CITIES Attorney a 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 Department of Transportation _Hudson _Historical Society _Johnstown Water Conservation Board _ _ Keenesburg Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _Lochbuie II Ault F-1 _Longmont _Berthoud F-2 _Mead Briggsdale F-24 _Milliken _Brighton F-3 New Raymer _Eaton F-4 Northglenn _ _Fort Lupton F-5 _Nunn Galeton F-6 _Pierce _Hudson F-7 _Platteville _Johnstown F-8 _Severance La Salle F-9 _Thornton Mountain View F-10 X Windsor _ ____Milliken F-11 COUNTIES _Nunn F-12 _Pawnee F-22 _Adams _Platteville F-13 _Boulder Platte Valley F-14 _ _ Latimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers )( Windsor/Severance F-17 _USDA-APHIS Veterinary Service Federal Aviation Administration _ Western Hi _Western H Federal Communication Commission _ lls F-20 — OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. __ Brighton _ Panhandle Eastern Pipe Line Co. Fort Collins _ Tri-Area Planning Commission X Greeley Longmont _ West Adams COMMISSION/BOARD MEMBER X Richard Kimmel 921r" mEmORAnDUm Wilkgloria Dunn, Current Planner Date August 11, 1993 COLORADO FroQPnald Carroll, Administrative Manager F�� Howard Enos , USR-1026 & USR-1027 Subject: I visited the site located at the north end of Highway 257 and State Highway 14. If this was a through road, it would be considered Road 17 going north. In checking our records, the portion of road going north of State Highway 14 to the end, is considered a private road and is non-county maintained. The existing road is approximately 0. 30 of a mile long, is 22 feet wide, and is a dead end. The site at both locations of USR-1026 and USR-1027 is a corn field at this particular time. The access points show that a concrete ditch would have to be crossed in order to access both properties on the west side. On USR-1026 , the grade from the road back to the property would be fairly steep. Once again, I would like to make it clear to the applicant, this section of road is non-county maintained. The road will not be graded, and snow will not be removed in the winter. Attached is a Weld County Road Inventory sheet. This is submitted to the State each year for the HUTF funds for open and maintained roads in Weld County. prenos.mrw Attachment T r cc: Commissioner Baxter C ELI V Planning Referral File - Howard Enos , USR-1026 & USR-1027 Weld C ,rmty Planning 931'1"r V V O: cg! g W V1 N R K V 8 (T 9 Y gi on n n n m r n n n n n n rn of 00 01 o m rn rn rn 0 rn o r r. `Ova TTTT m m .- c n m a, T a T m m O 0 O Qr ai - r a CO tin U O O (7 OOOOO C7 C7 C7 C7 C7 C7 C7 C7 U' U' C7 C7 LL LL LL LL C7 LL LL W 0 d a. fo 2 O Z NO 0 0 0 0 0 0 0 0 0 0 0 0 0 n 0 ^ ^ ^ a a a a 0 0 0 0 0 0 '. coU 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N �" cr 0�� ^ '. E ei ^ 0 0 O O r O r 0 m N N N . N (t o WU o O Z J Q N N N N N N N N N N N N N N N N N N N N N' N r N N N N N w C• L c'3 N N N N N N N N N N N N N N N N N N N N N N m N N 0 m • c -y N / O t 8 8 N N N N N 8 8 8 N i8(J E) 8 N N N N N 0 G O r O V V N V 0 V to co N 0 to N co n on 0 O 0 co 0 01. "0 cn On on co 0 r coN on ^ (0 0 0 O N 0 N r N m 0 0 0 0(1 r "f O 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 < CO 0 0 0 j o C.,....., H H J w w p L iiis 2 2 2 2 S 2H 2 2H 2 2 2 2H xH 2 2 2I- 2I- 2 2 2 2 S 2H III '2H S 2H HI- HQ.cc Z Z Z 2 Z Z Z Z Z 2 2 2 Z Z 2 2 Z Z Z 2 ug Z Z Z Z 2 2 2 l o slis Td 0 o l a ¢ N Or. 0 o o Z 0 p O0 .- 9CO Z i- E m U U 0 to co o N W v O R p Z ¢ H U Z O Z 0 ¢ ¢ a O 0 V V ti O 2 0 0 ¢ 0O H K o H 0 0 O CO 0 0 CC -6O. O 0 _i U 2 O 0 H H ' on C Ho 0 H I Ili X a N x ", ¢ m H 0 3 z z 3 ¢ H x -I CC w ¢ ¢ H ¢. ¢ ¢ H . 2 ¢ ¢ J ¢ ¢ U _, 2 O ¢ ¢ ¢ o CO• O 000 O ¢ 0 U'. ¢ 000 ¢ p U O O 0 O 0 0] O O O m in LO 1 0 0 n N- n N n n n N n n n N Nn n n N n n n: n N NI-- n n n N C 0 0 0 0 0 0 0 0 .0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c n n n n n n n n n n n n n n n n n n n n n n n n n n n n O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co O Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 00 v v c 2 2 8 8 8 8 8 2 2 8 8 8 0 8 8 0 0 n 0 0 0 . ? v N m to 00 co N N N N 01 a O 0 0 N NN m rn 00 0 an N 0 in 00 V co N N N N m m N N N N co N N 6 0 0 1 a n n n n n n n n n n n N N n n N N n N n ^ N n n n N N N a r v ''YImo p ��00 pp pp OO 0 0 O p p p o O o O O O i0 N 00 t0 l00 n ^ CO CO O O N Or N •— — O N m O N N N N o m V \ —_J m— N N N N N N N N N co CO co CO co CO m CO CO CO co CO m o I 931.11"1 mEmORAnDUm Tiers IGloria Dunn To Weld County Planning Date August 17, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Hea Subject Case Number: USR-1026 Name: Enos, Howard & Jeannine Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An Individual Sewage Disposal System must be located at least 100 feet from any well. 3. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. JSP/cs-1589 DEC HIV_ AUG i 8 1993 11 U We;'!r� 'nty Planning 931.4,1" STATE OF COLORADO DEPARTMENT OF TRANSPORTATION _ Gam/'^"" A �c/FJi'-� 61bIlOT Region 4 ine-(JnO ` 1420 2nd Street /`- JEAN.Ur - K1S iss� P.O.Box 850 •,t,/ /�Ej. -- (303)353fxvat"� �� Greeley,Colorado 80632-0850 -1232 Availability of Teresa Jones August 2 - 27 , 1993 July 19 , 1993 ATTENTION - CITY AND COUNTY REFERRAL AGENCY PERSONNEL I will be out of the office more than normal between Monday, August 2 through Friday, August 27 , 1993 . Some of these days will be spent at a work conference, and some others will be purely vacationing. This correspondence is provided in order that your referral deadlines not be unexpectedly delayed. It is always difficult to meet the deadlines, and this time away will make life even more difficult and hectic. I will do my best to get reviews and permits out prior to my last day here, which is Friday, July 30. I will be working random days during the month of August, but suspect that some questions and contacts will go unattended until the first part of September. As you all know, coming back to the office and the phone after a few days away is frustrating and hectic for all , so your understanding is greatly appreciated. I am not referring my reviews to anyone in my absence, as I feel that this can just add to frustrations, and could result in conflicting information. If you have questions which are purely in regard to access and wish to speak with someone in my absence, Dean Yost can be contacted at 350-2113 . It is possible that he could assist you. Thanks again, and don't give up on me. Please distribute this to the appropriate personnel within your agency. Sincerely, CTer t es G ones Region Developm / ccess Coordinator TGJ xc: D. Yost J. Springer G. Sisson M. Fanning T. Templeman K. Harding P. Demosthenes AUG 9 1993file U Weld County Planning 3.114 1', 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-1026 for Howard and Jeannine Enos in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 9th day of August, 1993. 921?1"r SURROUNDING PROPERTY OWNERS AND/OR INTEREST OWNERS SUBSURFACE ESTATE/MINERAL OWNERS Howard and Jeannine Enos USR-1026 Arthur M. and Evlyn M. Clark 1401 Lindenwood Drive Ft. Collins, CO 80524 Richard A. and Linda E. DeNeui 7730 W. 5th Street Lakewood, CO 80226 William E. and Jane A. Lentz 40361 Weld County Road 17 Ft. Collins, CO 80524 K&M Company 3201 Shore Road Ft. Collins, CO 80524 Cactus Hill Ranch Company 38990 Highway 257 Ft. Collins, CO 80524 City of Thornton 9500 Civic Center Drive Thornton, CO 80229 North Weld County Water District P.O. Box 56 Lucerne, CO 80646 Charles M. and Esther L. Pittock 642 E. Scorpio Drive Littleton, CO 80124 Pineda and Sons, Inc. 35065 Weld County Road 19 Windsor, CO 80550 Larimer County Sheriff Department 200 W. Oak Ft. Collins, CO 80522 Big Sky 1709 Whistle Pig Lane Broomfield, CO 80020 43111'" t,111 DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353-3845, EXT. 3540 IlilWELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: September 2, 1993 CASE NUMBER: USR-1026 TO WHOM IT MAY CONCERN: Enclosed is an application from Howard and Jeannine Enos for a Site Specific Development Plan and a Special Review permit for a single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 3 miles north of the Town of Windsor; north of State Highway 14 and west of Weld County Road 17. 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 September 6, 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 92,14s, Nano' oP ruatr NAM AFFIDAVIT OF PUBLICATION The Weld County Plwtnine STATE OF COLORADO Commission will hold a ss Sept Twerp o 999, s COUNTY OF WELD September 7, 1969, t1 120 p.m.for the purpose. of considering ■ Site I, KEITH HANSEN, of said County of Weld,being duly Stalk Sp Reent iew sworn,say that I am publisher of and • Special Review permit for the property ascribed below.Approval WINDSOR BEACON of the nqueet may create a vested property right patent to C0WS,law, a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, APPLICANT, Hoard and Jeannine Enos in said County and State; and that the notice, of which the annexed is a true copy, has been published in said LEGAL DESCRIPTION: weekly for_ successive weeks, that the notice Part of the 8N of Sedleh lth was published in the regular and entire issue of every 8,P.M., WeldRIM u County, Weld number of the paper during the period and time of Colorado. publication, and in the newspaper proper and not in a TYPE AND INTENSITY supplement, and that the first publication of said notice OF PROPOSED USE:A was in said paper bearing the date of the single family Selling on a y� /� ./- lot under the minimum lot /o�"'day of 6 tc. tyros , A.D., 1941_2 . and eS le the A(Agricultural) the last publication bearie( the date of the sent n the g LOCATION:Approsdinately day of A.D., 19_ and 8-1/2 miles west of the that the said WINDSOR BEACON has been published Town ofHi Aulthwa north and continuously and uninterruptedly for the period of 5 State we o1HWib Cou County consecutive weeks,in said County and State, prior to the ay 17. date of first publication of said notice, and the same is a The pubic hang a to newspaper within the meaning of an Act to regulate held in the Weld County printing of legal notices an advertisements, approved Commissioners'Hearing May 18, 1931,and all prior cts r as in force. Room, Flat Floor,Weld County CeaeMW Center, 916 Tenth Street,Greeley, Colorado.Comments — objections related to the P LISHER above request should be ✓ waked In wary to the /7� da Weld County Department Subscri and swo to before me this y of Planning Sakai,1400 of 19 43 N. 17th Avenue,Greeley theaColorado 80631, or re lit , the above date or I� — presented at the public OT Y PUBLIC heariten on September 7, g 1�' My commission expires �, / Copies of the application are imitable for public Inspection in the . Department of Planning Services, 1400 N. 17th Avenue,Greeley,Colorado 80691•Phone•969.9646, Eaeabn 9640. Judy Yamaguchi, Chairperson,Weld County Plennhp Commission PalliatingeW9tdeor Baas eeAlyeel 12, tees. �II AUG 3 o 1993 5I *7-r m • "4"Manning 9314 1e7 1?: DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N. ORAAVENUEO631 GREELEY, COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, September 7, 1993, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Howard and Jeannine Enos LEGAL DESCRIPTION: Part of the SE4 of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A single family dwelling on a lot under the minimum lot size in the A (Agricultural) zone district.epsi0� LOCATION: Approximately 2-1/2 miles west of the Town of Ault; north of State Highway 14 and west of Weld County Road 17. SIZE: 37.51 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on September 7, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) ti August 12, 1993. Received b : r - Date: ov 9314_17 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred feet of the property under consideration This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. The foregoing instrument was subscribed and sworn to before me this () day i.ed , 19 93, by JLOP/lei l7 ` rnlp5 WITNESS my hand and official seal. MY Commission expires:'/-C ' Calt-400L. >iiit-itNotary Pu is i.A 0 /31C-,9 My Commission Expires: areectx (D6 8(&a ]' antral NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET ADDRESS, TOWN/CITY ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # 1. Arthur M. and 1401 Lindenwood Drive Evlyn M. Clark Ft. Collins, CO 80524 070508000021 2 . Richard A. and 7730 W. 5th Street Linda E. DeNeui Lakewood, CO 80226 070508000029 3 . William E. and 40361 Weld County Road 17 Jane A. Lentz Ft. Collins, CO 805244 070508000032 4. K & M Company 3201 Shore Road Ft. Collins, CO 80524 070509000009 5. Cactus Hill Ranch 38990 Highway 257 070516000054 Company Ft. Collins, CO 80524 070516000023 070517000060 6. City of Thornton 9500 Civic Center Drive Thornton, CO 80229 070517000055 7 . North Weld County P.O. Box 56 Water District Lucerne, CO 80646 070517000059 8. Charles M. and 642 E. Scorpio Drive Esther L. Pittock Littleton, CO 80124 070517000010 9. Pineda and Sons, 35065 Weld County Road 19 Inc. , Windsor, CO 80550 070508000030 Mineral Rights Only 10. Larimer Co. Sheriff 200 W. Oak Department Ft. Collins, CO 80522 070516000025 11. Big Sky 1709 Whistle Pig Lane Mineral Rights Only Broomfield, CO 80020 070508000030 9x1.'_1'7 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property A PART OF THE SE', Section 8, Township 7 North, Range 67 West 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. The foregoing instrument was subscribed and sworn to before me this day of ,, l9V. WITNESS my hand and official seal. My Commission Expires: - J - S //Notary Pub c Y-cXO /3t4.9 Gree Fe y Ogi Bob 3� 9111 LIST OF MINERAL OWNERS BIG SKY, A Colorado General Partnership 1709 Whistle Pig Lane Broomfield, CO 80020 Pineda and Sons, Inc. 35065 WCR 19 Windsor, CO 80550 Jeannine K. Enos, as Trustee of the Jeannine K. Enos Trust 3704 Richmond Drive Fort Collins, CO 80526 321? ', 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 # 1132 - I1)a ( THE SIGN WAS POSTED BY: O W� ✓ d L . ENos NAME OF PERSON POSTING SIGN SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBE,Ia, Ahf�,gWORN TO ME THIS ( DAY OF �y ��1y.ICJ�(J� , 19 ` 5. SEAL01 I OTARyi, C rc . rte'•, :, r •,,,.•_c•.�OQ' ; NOTARY P BLIC altitrk t or ' F or F E�� ' (�q MY COMMISSION EXPIRES �W `- i� LAST DAY TO POST SIGN IS: U p2 1'7 , 19 q PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 93111"/ _ Z (l..Sk - 4U !e USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number l.Sa /oo? 6 Date Received /'7- 2.3 - 13 Application Checked by Mylar plat submitted Application Feel goo Receipt Number / q 410 / 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: A PART OF THE S.E. n Section 8 T 7 N, R 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section 8 T 7 N, R 67 W Property Address (if available) NONE PRESENT ZONE A—agricultural OVERLAY ZONES NONE TOTAL ACREAGE 37. 51 + acreage PROPOSED LAND USE residential EXISTING LAND USE agricultural SURFACE EKE (PROPERTY OWNERS) OF AREA PROPOSED E2i THE USE BY SPECIAL REVIEW PERMIT: Name: Jeannine K. Enos , as Trustee of the Jeannine K. Enos Trust Address: 3704 Richmond Drive City Ft. Collins Zip 80526 Home Telephone 1/ 226-3406 Business Telephone 1/ 226-0655 Name: Address: City Zip Home Telephone // Business Telephone 1/ APPLICANT OR AUTHORIZED AGENT _Cif different than above) : Name: Howard and Jeannine Enos Address: 3704 Richmond Drive City Ft. Collins Zip 80526 Home Telephone # 226-3406 Business Telephone # 226-0655 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: BIG SKY, A Colorado General Partnership Address: 1709 Whistle Pig Lane City Broomfield Zip 80020 Name: Pineda and Sons , Inc. Address: 35065 WCR 19 City Windsor Zip 80550 Also, fee owner of surface owns a portion of the mineral rights. 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 ) S nature: Owner r Authorized Agent Subscribed and sworn to before me thi; day of ()Aft44 1992. ��J OTARY PU IC My commission expires 9- / --Qs ® � CEI�VE JUL 2 2 1993 11 Wald P^unty Planning 9.311.i" USE BY SPECIAL REVIEW APPLICATION of Howard and Bonnie Enos The following is submitted in conjunction with the application for a use by special review permit by Jeannine K. Enos, as Trustee of the Jeannine K. Enos Trust: 1. A completed application form is attached. A. The subject parcel of land is a 40 acre parcel, presently does not have a house located on it, and the property owner wishes to sell the parcel and allow the subsequent owner to construct a home and fence some horses on the property for the purchaser's own use and enjoyment. The owner may also do some farming such as growing hay for horses. In order to obtain a building permit for the home, the Weld County Zoning Ordinance requires the approval of a Use by Special Review Permit. The property is presently zoned A-Agricultural. On June 24, 1992 the Board of County Commissioners approved an application for the owner concerning "substantial change" thereby affording the owner the opportunity to present this application. B. The owners presently have an 80 acre parcel of land which is not economically feasible as a farming unit. It is the owners ' intention to divide this property into two separate parcels, retain one for the owners' own use, and sell the remaining parcel so that they are financially able to support the single family residential use on the remaining parcel. When the owners purchased the property they were unaware and apparently mislead by the seller as to whether they could construct a home on the property. C. The existing uses on surrounding properties are similar to the uses proposed for this parcel. D. The distance of the proposed use to residential structures in each direction is as follows: North 700 ' - 900 ' East 1 1/2 miles West 1300 ' South 1/4 mile E. The owners intend to sell this parcel but it should be limited to residential use for the purchasers and their family. 92111 USE BY SPECIAL REVIEW APPLICATION HOWARD AND BONNIE ENOS PAGE 2 F. It is not expected that it would be used other than for residential use and perhaps the purchaser would simply hire contract labor for assistance in a related agricultural use on the property. G. The presently available water that will be used is North Weld Water. H. The property is located on Weld County Road 17 approximately 600 feet north of Colorado State Highway 14 . I. The vehicular traffic associated with the proposed use will be very minimal as the property owner alone will be using it only for residential use. J. The type of sewage facility for the proposed use is: leach field with septic tank K. Fire protection can be served by: Windsor Fire Department L. The only types of animals to be used on the property are those for the owners' and their family' s personal use and enjoyment, and the maximum number will be the maximum number permitted under the Weld County Zoning Ordinance. M. The only waste associated with the property will be normal residential waste and this will be serviced by: A local trash handler N. Because of the low level residential use, storm water retention facilities are not needed. O. Removal of waste will be done weekly. P. Concerning landscaping plans and aversion control measures: any landscaping plans if application approved are the usual residential. 931+11 USE BY SPECIAL REVIEW APPLICATION HOWARD AND BONNIE ENOS PAGE 3 Q. Reclamation procedures will not be employed. It is not intended that the residential use will cease and nor that any reclamation procedures will be necessary. R. It is anticipated that the property owner would probably construct a home on the property shortly after it was purchased. 2 . The following written materials and supporting documents are submitted as part of this application: A. This proposal is consistent with the Weld County Comprehensive Plan because it falls within the "Urban Growth Boundary" as shown on page 32 of the Weld County Comprehensive Plan. As shown on page 30 of the Weld County Comprehensive Plan: "An Urban Growth Boundary Area is located in close proximity to a municipality. Within urban grown boundaries, municipal type uses and services are planned, and annexation may occur. . .Goals and policies with the Urban Growth Policy are intended to address the development of land on the boarder of a municipality. They are also intended to promote harmonious and mutually beneficial uses of land among the various jurisdictions in and around Weld County. " Because this proposal is for a large estate-type residential development and falls within the Urban Growth Boundaries and has the infrastructure (road access, water supply system, etc. ) and is compatible with the surrounding types of land uses, it fits within the objectives of the comprehensive plan. In addition, on page 26 of the Weld County Comprehensive Plan concerning "Agricultural Policies" it is indicated at sub-paragraph 3 that conversion of agricultural land to residential or other types of uses will be discouraged only when the site is located outside of a municipality' s comprehensive plan area or outside the urban growth boundary area. B. The intent of the residential district is stated on page 30-7 of the Weld County Zoning Ordinance as follows: 9211.1"1 USE BY SPECIAL REVIEW APPLICATION HOWARD AND BONNIE ENOS PAGE 4 "Residential districts are intended to provide the present and future residents of Weld County with areas in which to locate and establish residential land uses and land uses that are compatible with residential area. The residential districts are intended to be located, designed, and developed in a manner which is compatible with the Weld County Comprehensive Plan and the adopted plans of affective municipalities. " As indicated above, this particular parcel of land falls within the urban growth boundary of the Town of Windsor, is consistent with the Weld County Comprehensive Plan as far as development within the urban growth boundary, and complies with the Comprehensive Plan of the effective municipality (i.e. The Town of Windsor) . The uses proposed by the property owner would be compatible with the surrounding land uses as all of the surrounding land uses or a majority of them are in large lot--residential type uses with horses. C. The landowners have grown agricultural crops on the subject property for the past couple of years; however, such production has shown to be economically unfeasible. Because of the cost of the property due to its location and proximity to the town of Windsor, 80 acres is insufficient to make agricultural production on this parcel economically feasible. D. There is adequate provision for the protection of health, safety, and welfare for the inhabitants in the neighborhood and of the County for the reason that this will be a low density residential use and similar to and compatible with surrounding land uses. E. This particular use will be compatible with existing surrounding land uses because the majority of those land uses are low density residential containing parcels of 35-40 acres for single family residential uses and horses. F. This particular use will be compatible with future development of the surrounding area as permitted by the existing zone and with future development as projected by the Comprehensive Plan of the County or the adopted USE BY SPECIAL REVIEW APPLICATION HOWARD AND BONNIE ENOS PAGE 5 master plan of the effective municipality (i.e. Town of Windsor) for the reason that it is within the urban growth boundary and will provide a low density type development on the outer fringes of the urban growth boundary and is projected by the Comprehensive Plan of the Town of Windsor for residential use. G. This parcel is not located within a flood plain nor a geological hazard area nor the Weld County Airport overlay district area. H. The property will be supplied with water from the North Weld Water District as shown by the attached letter from the district. I. Attached you will find a special warranty deed indicating that the applicant is the owner of the subject property. J. A noise report has been waived by the department of planning services. K. Attached you will find a soil report of the site prepared by the soil conservation services which indicates that there is no moderate or severe soil limitations. L. Attached you will find a certified list of the names, addresses, and the corresponding parcel identification number assigned by the Weld County Assessor of the owners of property (within 500 feet of the subject property) . M. Also attached is a certified list of the names and addresses of mineral owners and leases of minerals on or under the parcel land being considered. 9.:111'7 BOARD OF DIRECTORS ERNEST TIGGES NORTH WELD COUNTY WATER DISTRICT ��' GARY SIMPSON ERNEST ROSS fin,M. sic HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY CHARLES ACHZIGER I V* LYLE NELSON, MGR. 47' P.O. BOX 56 • PHONE 356-3020 April 23 , 1993 Howard & Jeannine Enos c/o Mr. R. Russell Anson 820 13th Street Greeley Co 80631 RE : Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: NW Corner of Hwy 14 and WCR 17 1. Water service is presently being provided to the above described property. 2. X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments: Sincerely, NORTH WELD COUNTY TE D STRICT Lyl . Nelson, Manager NDL/ds 931111 , r ,, ..,m ynjc..yan^.% . w • +� '* a+..ic e�12L '97 AEC 02248926 05/02/91 15:27 al0.00 11002 "V Tip y ►R22W8 I .754 ENTRY ANN FEUERSTEIN CLERK i RA .DER WELD CO, CO .Kr. yeah' II SPECIAL WARRANTY DEED x - I THIS DEED,Mad dr 1st 4sy of May .19 91 . ti f :J:. Wads `First National Bank in Loveland, a Banking - •"� , .zx• I Corporation, as Trustee y,4 I of dm • .. �'... I Carry of Latimer .Sue of Colorado.grad(a.and x 1" I Jeannine K. Enos , as Trustee of th• state DOCumer.tary Fee Jeannine K. Pros Trust Date....a::./a 4.:.. ./.......... s • . I S e , J5 I : '' !r i e lepl midis u 3704 Richmond Drive 7r„ ar .'Able Fort Collins, Colorado 80526 'ems rte•. . Mao Cary of Latimer .Sue of Colorado.Vanusle: 'S.Y • - 4 VD 'ILL, P noose u.Tor ar vaa(N barsalla moidwiw a an ar a( z a . One Hundred Forty Two Thousand no* Hundred and 00/100ths -_______ DalLida• --" 4. I14. Fi ,f ;1. ts,aid ad aaticisy of adds h heady eaaa,Idad.is • Vaud.lunalael.,Wi.edew.al.l•Aridly trio wins sus do as You. I.I pM. a-..,.n-- ..' -w^ le ad.matey and grand do id aal. her Lein and karma de mad a 'd Weny. arer ad Imaacmcnu. , . yf :°}. Hay,dear...lyi.g aid icing in ar Cary of Weld .Sul d cob.b. i l t. ' ..:ii4t- dated m bibec III �✓t.: 'S : - See Exhibit "A. attached hereto f li t. • :f'a'7 C 4t'0,13 _. ti I1 t, YlSa 2 I r rq.`X4" 9y < rates . >�y 'Ft Yo .1. ?a p y e4 y S 31 -!....,E1-0,“.i. C. rli aka lad by ear ad arbor ac -'1"�l !+ TOGETHER ad an ad dsple to bedlamaa and appsenua's data belonsid.or la aria apponisiig.ase d maid ad .` 'f chair.an ad mridas,ions. as W ad podia add;MA Si do awe.right.Lida.Sty.clad and .,a., ofd&mad rar va;-- > 'tip'+ ` vaerond elbeists s daily,oC la and a dr ads brpiad pami a.with dr Meeunea a ad appnaaaa5 . a» . t ate_ TO HAVE AND TO HOLD do ad panda are rr,aaad w dadand.ii the appeanaaa.nerd d peen s. her ads rd r y reps lo TYpre(a. W at its I . its hen and parade s aaosaaon.do escnnds aloe '4 ! karatdr "S,.. they d elad rill WARRANT AND FOREVERDEFENDdrabwa-lagaiad prudes kid der q. aid pcxsabl.rucked of the pan(al a .S; ;s:- her baw dmdps.apiaaasadn mom om en period Claiming dr abodesabodeswry pan*and by.thou{.: de depaandai Y .y o.. WtfflHFSt wNERWP,d gent((r Ve Beard Ak dada the date asforth abme. ¢ -1i44 tr-,..':::::;,,,. . First National Bank in Loveland, ` :-:;.;.C. 'oral;]ri a Banking Corporation, as Trustee sYd afrfj' tGdatd. aT a Ivu.h '+. ad `waT t.' '- i }v ,..xt",.-.:�a,.:.. lwtvfiw Yta �,a•:*4.TS..d VK.cat �.; i/. ,n, . ♦ 4 - STATE OF COLORADO {yE,.. .J•. Cary l Weld ! Y " v By imply Snead am eias.YSW Yoko se Ads as el .t9 r . Morrison L.t,,,RP,Fhe Executive Vice President and Trust Officer for �° �• ,X,J f d ~'°. 4-9..,,,,-..,--p ►irst W gelO Itnlc jn Loveland, Trustee .^r. } a so Y'- . ly WMda ay land me Mena re. per.., 4'7, 4, "amt ..::` y gta j 11.1%)e"" i)•�ak,V\` My cnaud(�la�dPMa DeO�s/mbe�ra la 1994f. -' /, i..41LtlJal u a Ut.c.pGf aC. &at . 4.-„,, I . 1 Yl �,y a• 4 wn we _.M.. '..,'r.; �'- 41-'j' ' 1113 10th Menus I . eu4�� ' ^. �4 Ctesleya CO. 80631 _ hm; $,M•IPsIll, W 41.WHe1WfY PM _'--a;! I a •rare Nabaieg.la4:Yar.a Woe 1143114•14..Nat 1 H11100-- 9� YI ? '-: 8 1297 REC 02248926 05/02/91 15:27 a10.00 p,i',- -• F 1 MARY ANN FEUERSTEIN CLERK 6 RECO 2 MELD C; CO " ' EXHIBIT "A" r7" yilVk +. That portion of the SE1/4 of Section 8, Township 7 North, Range 67 West tip, i . of the 6th P.N., County of Weld, State of Colorado, being more `• particularly described as follows: ,�.. Considering the East line of the SE1/4 of said Section 8 as bearing South �j 00 degrees 14 minutes 44 seconds West and with all bearings contained E7�Y heroin relative thereto: �L "� ° •4" Beginning at the East One-Quarter Corner of said Section 8; thence along said East line of the SE1/4 South 00 degrees 14 minutes 44 •s '-::*.e second West 1240.00 feet to the True Point of Beginning; t ' �. thence continuing 44 along said East line of the SW1/4 South oo degrees 14 • • minutes 44 seconds Nest 1405.00 feet to the Southeast Corner of said 46' Section e; `` ' thence along the South line of the SE1/4 of said Section 8 South 79 ` "'- - , +`• degrees 45 minutes 49 seconds West 2168.46 feet; f �, thence North 00 degrees 06 minutes 51 seconds East 466.69 feet; 1'"_ thence South 89 degrees 45 minutes 49 seconds West 466.69 feet to the North-South centerline of said Section 8; f . ` zY_! thence along said North-South centerline North 00 degrees 06 minutes 51 -„ seconds East 938.29 feet; s tg; thence North 89 degrees 45 minutes 29 seconds East 2638.37 fe.c to the �i,f True Point of Beginning. 34' .6 - EXCEPTING THEREFROM a parcel of land conveyed to State Department of do .fil �, ,.# +4 € Highways Division of Highways, State of Colorado, by deed recorded March ' 8, 1989, in Book 1226 as Reception No. 02172797, described as follows; .yrry,aa e F ` "40t A tract or parcel of land No. 201 of the State Department of Highways, ^4- Division of Highways, State of Colorado Project No. PC 014-2-(1) Unit 2, ''y in the S1/2 of the SEX/4 of St-stion 8, being more particularly described as follows: ,41 _r Beginning at the SE corner of Section 8, T.714. , m 67 W. , of the 6th P.N.; .,fir.. 1. Thence North 0 degrees 36 minutes IS seconds East, along the Last =,.. f line of Section 8, a distance of 160.01 feet; v. A 2. Thence North 89 degrees 53 minutes 24 seconds West, a distance of ' ,,,-, Kr 30.00 feet, to a I ^ point on the West right of way line of Weld County Road 17 (May 1988) ; .t ,,_. 3. Thence South 45 degrees 21 minutes 27 seconds West, a distance of 7r 142.04 feet; 4. Thence North 89 degrees 53 minutes 24 seconds West a distance of .-_ '' '' 4 2,416.99 feet to the East right of way line of the Larimer County Canal c. x; _ &, ." --J.C} (May 1988) ; r- 5. Thence South 45 degrees 45 minutes 00 seconds East, along said Last line, a distance of 37.43 feet; 6. Thence South 18 degrees 15 minutes 00 seconds Last, continuing along said East line, a distance of 35.75 feet, to a point on the South line of k- *' the SE1/4 of Section 8; c. 7. Thence South 89 degrees 53 minutes 24 seconds East, along said South 1- -,.; line, a distance of 2,508.36 feet, more or less, to the point of beginning. .- 4r • '1 r.n1. '. TOGETHER WITH two shares of the capital stock of The North Poudre Irrigation. - -,°:. '1. .Si. Company and twenty-nine shares of the capital stock of The Cactus Hill Ditch Cuapany ^•.<, t Y l'`�. .t V' Ly ft itg; ..i aY{r Y. • tc I- F 321,1", 1R22492an at— B 1298 REC 02249280 05/06/91 14:35 =10.00 1/002 No.___F9 MARY ANN FEUERSTEIN CLERK S REC_ 3R WELD CO, CO QUIT CLAIM DEED THIS DEED,Made this 1st day of May ,1991 between BIG SKY, a Colorado General Partnership of the 'County of Weld and State of I. Colorado,grantor(s),and JEANNINE K. ENDS, as Trustee of the Jeannine K. • Enos Trust whose legal address is 3704 Richmond Drive Fort Collins, Colorado 80526 , II of the County of Latimer and State of Colorado,grantee(s), II WITNESSETH,That the grantor(s),for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations _nrui anc 'i the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold,conveyed and QUIT CLAIMED,and by these presents does remise,release,sell,convey and QUIT CLAIM unto the grantee(s), her heirs,successors and assigns. !" forever, all the right, tide, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements,if any,situate,lying and being in the County of Weld and State of I Colorado,described as follows: All right, title and interest of the Grantor, being an undivided 3/4 j' interest, in and to all oil, gas, minerals and mineral rights in and under the real property described on the attached Exhibit A which is incorporated herein by yeference, RESERVING however to Grantor an undivided 50% of any and all production from 100% of minerals under the above property for a period of 20 years from the date of this deed and so long as production continues thereafter. It is the intent I of this conveyance that Grantee shall have all leasing rights, bonus and delay rental income in said undivided 75%, 25% of production from all minerals, and that Grantor shall have 50% of production from all !I minerals. After the above 20 year period has passed and production 0, ceases, Grantee shall have full and couplete ownership of said undivided 3/4 interest. ai also known by street and number as: TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee(s), her heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)ha s executed this deed on the date set forth above. BIG 3Q, a Cblraab Gseeal Partnership '. j9 as Eor3ttite Vice Pr nett of Mew. IFKCIO N., PPM IN IO RAN:). a not crsl baking Lvriaticr, as Trustee of the fkreld A. H3pd, 0.D. Profit _Sl'iri g._Plan, ail as 72t,srcwa pf t}e Mry Faulkner, Davis Profit 8'arirrl Plat, partners STATE OF COLORADO, ss. County of The foregoing inswment was acknowledged before me this 1St• day of May 19 91, I' byMa ri L. Ibth as Eei tive Vice President of FEST NYITQYsi,BAN(IN IOJEIA D, a naticrEl I an taildrg assooatiat, as Trustee of the Ikreld A. Ebal, O.D. Profit 8srirg Plan and as Tnste �� of tte May, Faulkner, Davis Profit gazing Plan, partners of BIG Std(, a mlorab Carrel Paro-exshi;j. My commission expires pail 7, ,1993 .Witness my hand and official seal. 11 ...... ,,,,‘N CRY Pueliyl !ii KEWE Pty 4SakC\LOW./` C t w TOVAR o; a� O '1f in Denver,insert"City and." t('r I!' No.933.Rev.3$5. poi CLAIM DEED 3 ''` 1 1 Bedford P,bli,ai pig.1743 Wane St.,Denver,CO 80202—1303)292QNq-189 14;ms`s B 1297 REC 02248926 05/02/91 15:27 >10.00 2/Cu2 = '':� ' F 1 MARY ANN FEOERSTEIN CLERK & RECORD' - WELD CC, c0 crr •. EXHIBIT "A" f'-*''' That portion of the SE1/4 of Section 8, Township 7 North, Range 67 West _ of the 6th P.M. , County of Weld, State of Colorado, being more - - particularly described as follows: il - - ,14.4 Considering the East line of the SE1/4 of said Section 8 as bearing South 00 degrees 14 minutes 44 seconds West and with all bearings contained T" - _ herein relative thereto: -_ '-'' Beginning at the East One-Quarter Corner of said Section 8; thence along said East line of the SE1/4 South 00 degrees 14 minutes 44 second West 1240.00 feet to the True Point of Beginning; y, ,- thence continuing along said East line of the SW1/4 South 00 degreee 14 - e minutes 44 seconds West 1405.00 feet to the Southeast Corner of said Section 8; Y= G. Y thence along the South line of the SE1/4 of said Section e South 1 ' degrees 45 minutes 49 seconds West 2168.46 feet; r; thence North 00 degrees 06 minutes 51 seconds East 466.69 feat; 1'-'T thence South 89 degrees 45 minutes 49 seconds West 466.69 feet to the North-South centerline of said Section 8; ' , thence along said North-South centerline North 00 degrees 06 oinut,•n 51 Sri seconds East 938.29 feet; < '::-.,•--9:.1.-- thence North 89 degrees 45 minutes 29 seconds East 2638.37 feet to the =% True Point of Beginning. }" EXCEPTING THEREFROM a parcel of land conveyed to State Department of —"' :. e.O Highways Division of Highways, State of Colorado, by deed recorded March y 8, 1989, in Book 1226 as Reception No. 02172793, described as follows: �.y`7 �"� A tract or parcel of land No. 201 of the State Department of Highways, ' Division of Highways, Statc°. of Colorado Project No. PC 014-2-(3) Unit 2, in the S1/2 of the SE1/4 of section 8, being more particularly described r as follows: ' �„ - :!' Beginning at the SE corner of section 8, T.7N., R 67 W., of the 6th P.M.; fi 4` 1. Thence North 0 degrees 36 minutes 18 seconds East, along the Last --- ;. line of Section 8, a distance of 160.01 feet; 2. Thence North 89 degrees 53 minutes 24 seconds West, a distance of r-1 - ,,,/.--e-:,‘,::-- 30.00 feet, to a point on the West right of way line of Weld County Road 17 (May 1988) ; 3. Thence South 45 degrees 21 minutes 27 seconds West, a distance of �' 7r 142.04 feet; et.c° 4. Thence North 89 degrees 53 minutes 24 seconds West a distance of '. ' > ha i!il (M416ay 9feet to the East right of way line of the Larimer County Canal �,,;• 1988) ; �,., . 4:C%r- S. Thence South 45 degrees 45 minutes 00 seconds East, along said East line, a distance of 37.43 feet; 6. Thence South 18 degrees 15 minutes 00 seconds East, continuing along said East line, a distance of 35.75 feet, to a point on the South line of u., •" the SE1/4 of Section 8; „.,... 7. Thence South 89 degrees 53 minutes 24 seconds East, along said South `n t=_ �.• -w; line, a distance of 2,508.36 feet, more or less, to the point of jaSa beginning. a ?� 4 ``'� -°" �_•.'. TCCETHER WITH two shares of the capital stock of The North Poudre Irrigation ".%k!,:- -.-. Company and twenty-nine shares of the capital stock of The Cactus Hill Ditch Company a . ys, k i - y .. 'iF' '6 SIC fi,; . -. 1- t 32144", wi u: e4 wd .. ,d•.isrerr ct e C e .Y+ r..+x•We+uw a... r r.' t Rec wYlylw9Ml3le. • b t ¢ , Agya ` v .;441,:,, ,t 3 I J .° e }";7 Y .1e 7-1,',,,,,W1 f . i' i ! S Ae - '. Z ++; r _ k, ��.+ ,g. R', e�r�'�'tta�7�5 52 3� 5 ;11,-.4,,,,:!, � \ R Y,tW 1- ' I {J°i4. ��t` I q rT f„?.4 1i. ��' I q y,.< yy+ ,, y x„53'•• v$2 �,na pp�,d�» r• Yss �S"1 Aa II . @�} i hli 4y> " t f • ii ) f�,y • h3Tg >a ' �ti•a 'ICY -i k. 4-44,.. ## ~�f t t 5N8 ` _ 57f, •^`1 :41t+�.;s S/ •.; •4 '• M r'.+n i` r e. }_+ ,4\ yyls`k' ..•„4 j Z. i 'L' r ` ' 3 4 44,r ,• 3• r ' ,..7.72,..w.:;//: ' • , i ,y, `•,t , E a,i ; / yam(• --.'''.,-3,74,,,-;,..:-..-.-- s o f T 4 Aye A I -. ti j X 444.574+45tel''' + s ‘' � yC, t `3. �^k C' ; Svc , ; ' t: * ^, Y a `• r { • q . @ o- r �tiffi 65.eL 47 t E. Pt�� A r �.a 'r�� . a �dTd ,.:,dml„•y{. 'ry,,� 42�, ♦4 x n Y �7 frtra - r A �;.� " ,�$i F 48 �,'.' ,� � ; 41 ;,t4 S y�,�� r' r ) 1 .. ip .4 , t a j`• 4: �y r' A vc ,,,.;...-..„.„-.2 a� r � ; ", !,y< ��jty,G�4r �'$'�_:lwel �q'p� p3 c! '1 _ �S D5ra � �!« ..� � )Cr, ap -ewe /;;;-!' a i33�y:9 3z ` ', i} 4 •; i* ' -?/1. h ..5 <„Loire Y S ! th T ,N� : 1}y .++W-% d T : ? a y 94';1 ,. ' » ' 0V• i:{Ye rf / "l ..t- Y k , • 47 % k:,:,,,,,,,,,,„„.„...,...•.L.P• ..:•_:f . ., ,,,,, .„4„. „,„....4„,. T : 'Y '�' n '•� / ,..,.• .„:„. •„ ,,,... 4. .,� 7Ar ,t �il� } yr s Y ' µ- '.'t..-: l'.'''S' :A;' '�K �r- r2r r xyA re, kart''f°f � i "o�''y '-'4,,„., r1 t \. a t1 "7t � let, +W ° �p`P + ° ✓ 6 ,VL v» z 2✓ F X � ° " e"ia In J.''� 65 2 ,,:re '� 'i i S ' r,, .- ® '''"'qy t•` - , T,L2 , q 1 wi rj ,4' $p'*,^. - ^" it.. t {,+ '*r t4 `: �•2 •.rFi ' �.e Sa+`,.,iu 't.....4 .� - ,,r r L #``\ `+ „'� .r• I,. a<.. ,. e � ✓ P r •..1) ester' tni .sir -..L �. `'t._s:, A`l -a .1', f a✓33@: :*,-1 4 � )7:-, v�� ' p�f y��' n"�� yf � r '41. : 'Ski.' ..ir ' it€+v »•yf'u rAt / '. _,� 6� --"‘4,:,...1 ' i!~ , { .'e.;,k. 1 "f21 Ft.inek, y , ( "Y r-51,.,:,)01/9, 1L.14"/ }A ,/,„;,---4t,-.4.:,..1...,, f 4.� e�� L ^ � T a \ /�Y^��i ii Y .�a'`» 11-MSS ksi.a eL't z .nr t. ,5r .j . r �.• .,,.:.._w, P.- '! '." .......'R o •• .f R ! kgM S Y 1 i,-..„,24,,s, .„' �. r: <32 i 1 :l'Ipir1 • A k�t •.} tkfp`,i'' ' % in & i JAMES ' , �} '•sr � � �., Aa" �� h I ii � M 1G+ dr » q I• - ^t5 sw,«'y , 1 { J e y : ♦�j if - , .,, ` ',yf `,1.,;(01.404t.,-",,,, , .,• • ii!fie'a ~�3 I yy.1e.:::',+!• 1 ! 4'- � ! r '. 5• r' .f �•:. � -v .# /Y f 'A:JRv.• 'i1 7tt tiy t,n r, J aFr ,L^, �•`.�v �y::4atrd x_: + +fix}'� �- T • :4%,::,;:.17apry Er.� Iw ' 4v1, i t i.„,1.7111,-1, -,,..K.<43/4,4,7j,., r ,.. .,_ , to -'[ °,, �,f7}+ i ., ,( 1/4 r ,a q ; / {g r7 S. I �°u (i� i .E 40 VP, } w• •�+�. y "t... y ' 5f�•''�\ rif �.,.�r ., f ` Li-'1.1 r t.• i.a • \'. M 1 * :t• l'''. ` , J t t . r „- os �, . ..w w '� - - - - rte'. - ='s:t � !' k T ° Jw1... +' ". <:+y- r- •�,?�:.v'. �� WELD COUNTY, COLORADO, SOUTHERN PART 23 Windbreaks and environmental plantings of trees and The potential native vegetation is dominated by blue shrubs commonly grown in the area are generally well grama. Several mid grasses, such as western wheatgrass suited to this soil. Cultivation to control competing and needleandthread, are also present. Potential produc- vegetation should be continued for as many years as tion ranges from 1,600 pounds per acre in favorable years possible following planting. Trees that are best suited and to 1,000 pounds in unfavorable years. As range condition have good survival are Rocky Mountain juniper, eastern deteriorates, the mid grasses decrease; blue grama, buf- redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, snakeweed, yucca, and fringed sage increase; hackberry. The shrubs best suited are skunkbush sumac, and forage production drops. Undesirable weeds and an- Siberian peashrub, lilac, and American plum. nuals invade the site as range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation on this soil should be based cropland areas provide favorable habitat for ring-necked on taking half and leaving half of the total annual produc- pheasant and mourning dove. Many nongame species can tion. Seeding is desirable if the range is in poor condition. be attracted by establishing areas for nesting and escape Sideoats grama, little bluestem, western wheatgrass, blue cover. For pheasants, undisturbed nesting cover is essen- grama, pubescent wheatgrass, and crested wheatgrass are tial and should be included in plans for habitat develop- suitable for seeding. The grass selected should meet the ment, especially in areas of intensive agriculture. seasonal requirements of livestock. It can be seeded into This soil has good potential for urban and recreational a clean, firm sorghum stubble, or it can be drilled into a development. Increased population growth in the survey firm prepared seedbed. Seeding early in spring has area has resulted in increased homesite construction. The proven most successful. chief limiting feature for urban development and road Windbreaks and environmental plantings of trees and construction is the limited capacity of the soil to support shrubs commonly grown in the area are generally well a load. Septic tank absorption fields function properly, but suited to this soil. Cultivation to control competing community sewage systems should be provided if the vegetation should be continued for as many years as Possible following planting. Trees that are best suited and population density increases. Because of the permeability have good survival are Rocky Mountain juniper, eastern of the substratum, sewage lagoons must be sealed. Lawns, shrubs, and trees grow well. Capability class I ir- redcedar, ponderosa pine, Siberian elm, Russian-olive, and rigated. hackberry. The shrubs best suited are skunkbush sumac, 32—Kim loam, 1 to 3 percent slopes. This is a deep, lilac, Siberian peashrub, and American plum. Wildlife is an important secondary use of this soil. The well drained soil on smooth plains and alluvial fans at elevations of 4,900 to 5,250 feet. It formed in mixed eolian cropland areas provide favorable habitat for ring-necked pheasant and deposit and parent sediment from a wide variety of be attracted establishingmourning areas ny nongame for nesting and escape bedrock. Included in mapping are small areas of soils that cover. For pheasants, undisturbed nesting cover is essen- have loamy sand underlying material. tial and should be included in plans for habitat develop- Typically the surface layer is brown and pale brown ment, especially Range- loam about 12 inches thick. The upper 28 inches of the un- in ares of intensive antelope,agriculure.derlying material is pale brown loam. The lower part to a land wildlife,b for example,e the v stockhorn ring can be depth of 60 inches is pale brown fine sandy loam. attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. Permeability is moderate. Available water capacity is high. The effective rooting depth is 60 inches or more. This msoil t.h I red Increased teopultoo urban h ind recreational Surface runoff is medium, and the erosion ha'nrd is low. devarea elopment.has res increased population growth the t survey In irrigated areas this soil is suited to all crops com- ic has resulted in re urban development l construction.and. The moral chief limiting soil feature for development and road y grown in the area, including corn, sugar beets, construction is the limited capacity of this soil to support beans, alfalfa, small grain, potatoes, and onions. An exam- a load. Septic tank absorption fields function properly, but ple of a suitable cropping system is 3 to 4 years of alfalfa community sewage systems should be provided if the followed by corn, corn for silage, sugar beets, small grain, population density increases. Because of the permeability or beans. Land leveling, ditch lining (fig. 6), and installing of the substratum, sewage lagoons must be sealed. pipelines may be needed for proper water applications. Lawns, shrubs, and trees grow well. Capability subclass All methods of irrigation are suitable, but furrow ir- Ile irrigated, IVe nonirrigated; Loamy Plains range site. ligation is the most common. Barnyard manure and corn- 33—Kim loam, 3 to 5 percent slopes. This is a deep, mercial fertilizer are needed for top yields. well drained soil on plains and alluvial fans at elevations In nonirrigated areas this soil is suited to winter wheat, of 4,900 to 5,250 feet. It formed in mixed eolian deposits barley, and sorghum. Most of the acreage is planted to and parent sediment from a wide variety of bedrock. In- winter wheat and is summer fallowed in alternate years eluded in mapping are small areas of soils that have to allow moisture accumulation. Generally precipitation is loamy sand underlying material. too low for beneficial use of fertilizer. Typically the surface layer is brown and pale brown Stubble mulch farming, striperopping, and minimum til- loam about 10 inches thick. The upper 28 inches of the un- lage are needed to control soil blowing and water erosion. derlying material is pale brown loam. The lower part to a Terracing also may be needed to control water erosion. , depth of 60 inches is pale brown fine sandy loam. 9311rry 24 SOIL SURVEY Permeability is moderate. Available water capacity is land wildlife, for example, the pronghorn antelope, can be high. The effective rooting depth is 60 inches or more. attracted by developing livestock watering facilities Surface runoff is medium, and the erosion hazard is managing livestock grazing, and reseeding where needed. moderate. This soil has good potential for urban and recreationa In irrigated areas this soil is suited to crops commonly development. Increased population growth in the survey grown in the area. Perennial grasses and alfalfa or close area has resulted in increased homesite construction. The grown crops should be grown at least 50 percent of the chief limiting soil feature for urban development and roar time. Contour ditches and corrugations can be used in ir- construction is the limited capacity of this soil to suppor rigating close grown crops and pasture. Furrows, contour a load. Septic tank absorption fields function properly, bui furrows, and cross slope furrows are suitable for row community sewage systems should be provided if the crops. Sprinkler irrigation is also suggested. Keeping til- population density increases. Because of the permeability lage to a minimum and utilizing crop residue help to con- of the substratum, sewage lagoons must be sealed trol erosion. Maintaining fertility is important. Crops Lawns, shrubs, and trees grow well. Capability subclass respond to applications of phosphorus and nitrogen. IIIe irrigated, IVe nonirrigated; Loamy Plains range site In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to 34—Kim loam, 5 to 9 percent slopes. This is a deep winter wheat. The predicted average yield is 28 bushels well drained soil on plains and alluvial fans at elevation: per acre. The soil is summer fallowed in alternate years of 4,900 to 5,250 feet. It formed in mixed eolian deposit: to allow moisture accumulation. Generally precipitation is and parent sediment from a wide variety of bedrock. In too low for beneficial use of fertilizer. eluded in mapping are small areas of soils that have Stubble mulch farming, striperopping, and minimum til- loamy sand underlying material. lage are needed to control soil blowing and water erosion. Typically the surface layer is brown and pale brown Terracing also may be needed to control water erosion. loam about 10 inches thick. The upper 25 inches of the un The potential native vegetation is dominated by blue derlying material is pale brown loam. The lower part to : grama. Several mid grasses, such as western wheatgrass depth of 60 inches is pale brown fine sandy loam. and needleandthread, are also present. Potential produc- Permeability is moderate. Available water capacity is tion ranges from 1,600 pounds per acre in favorable years high. The effective rooting depth is 60 inches or more to 1,000 pounds in unfavorable years. As range condition Surface runoff is rapid, and the erosion hazard is deteriorates, the mid grasses decrease; blue grama, buf- moderate. falograss, snakeweed, yucca, and fringed sage increase; This soil is suited to limited cropping. Intensive and forage production drops. Undesirable weeds and an- cropping is hazardous because of erosion. The cropping nuals invade the site as range condition becomes poorer. system should be limited to such close grown crops as al Management of vegetation on this soil should be based falfa, wheat, and barley. This soil also is suited to it on taking half and leaving half of the total annual produc- rigated pasture. A suitable cropping system is 3 to tion. Seeding is desirable if the range is in poor condition. years of alfalfa followed by 2 years of corn and smal Sideoats grama, little bluestem, western wheatgrass, blue grain and alfalfa seeded with a nurse crop. grama, pubescent wheatgrass, and crested wheatgrass are Close grown crops can be irrigated from closely space( suitable for seeding. The grass selected should meet the contour ditches or sprinklers. Contour furrows or sprin seasonal requirements of livestock. It can be seeded into klers should be used for new crops. Applications o a clean, firm sorghum stubble, or it can be drilled into a nitrogen and phosphorus help in maintaining good produc furs prepared seedbed. Seeding early in spring has tion. proven most successful. The potential native vegetation is dominated by blue Windbreaks and environmental plantings of trees and grama. Sideoats grama, little bluestem, western wheat shrubs commonly grown in the area are generally well grass, and sedge are also prominent. Potential productioi suited to this soil. Cultivation to control competing ranges from 1,800 pounds per acre in favorable years t4 vegetation should be continued for as many years as 1 500pounds in unfavorable years. As range condition g S i and deteriorates, the sideoats gra ma and little blue,ten suited possible following planting. Trees that are best gr P g have good survival are Rocky Mountain juniper, eastern decrease; forage production drops; and blue grama, buf redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, and several perennial forbs and shrubs in hackberry. The shrubs best suited are skunkbush sumac, crease. Undesirable weeds and annuals invade the site a lilac, Siberian peashrub, and American plum. range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation should be based on takin; cropland areas provide favorable habitat for ring-necked half and leaving half of the total annual production. Seed pheasant and mourning dove. Many nongame species can ing is desirable if the range is in poor condition. Sideoat be attracted by establishing areas for nesting and escape grama, little bluestem, western wheatgrass, and pt H cover. For pheasants, undisturbed nesting cover is essen- bescent wheatgrass are suitable for seeding. The gras tial and should be included in plans for habitat develop- selected should meet the seasonal needs of livestock. I ment, especially in areas of intensive agriculture. Range- can be seeded into a clean, firm sorghum stubble, or 'I gill 1"r Il__ ter, . —, •—.._-. n DATE: June 24, 1992 CASE NUMBER: SCH-5 NAME: Howard and Jeannine Enos ADDRESS: 3704 Richmond Drive , Fort Collins , CO 80526 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Part of the SE4 of Section 8 , T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Highway 14, west of Weld County Road 17 . THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS : It is the opinion of the Department of Planning Services' staff that the applicants have demonstrated that a substantial change in facts and circumstances has occurred. The applicants propose to apply to divide the property using a different type of land use application than previously submitted. A recorded exemption application was denied in 1989 . The Special Review permit applications, proposed to be submitted, will be reviewed under different criteria than that used for the recorded exemption application. If approved, the Special Review permit applications will allow a single family dwelling unit on a lot under the minimum lot size. 9fl1"1 Hello