The URL can be used to link to this page

Browse Search

Home My WebLink About940372.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT #519 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (CONSTRUCTION BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - DROEGEMUELLER FARM 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 20th day of April, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Droegemueller Farm, 27451 Weld County Road 388, Kersey, Colorado 80644, for a Site Specific Development Plan and Amended Special Review Permit #519 for an agricultural service establishment (construction business) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SW4 of Section 10, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado WHEREAS, at said hearing on April 13, 1994, the Board deemed it advisable to continue said matter to April 20, 1994, at 10:00 a.m. , to allow the applicant to post the necessary sign in a timely manner, and WHEREAS, at said hearing on April 20, 1994, the applicant, Dave Droegemueller, and his attorney, Glen Droegemueller, were present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Urban Growth Boundary Area Goals and Policies as set forth in the Weld County Comprehensive Plan. The Town of Kersey has reviewed this request and has no objections to the proposal. b. The proposal is consistent with the intent of the Agricultural ZYone District and is provided for as a Use by Special Review. PL0968 940372 pLaq iog AMENDED SPECIAL REVIEW PERMIT #519 - DROEGEMUELLER FARM PAGE 2 c. The uses which would be permitted will be compatible with the existing surrounding land uses which include a rural residence, agricultural production, and oil and gas production. Conditions of Approval and Development Standards will ensure compatibility with the surrounding land uses. No objections have been received from surrounding property owners. d. A portion of the property lies within the Flood Hazard Overlay District. Any new structures which may be built within this District must comply with Flood Hazard Overlay District requirements. No other overlay districts affect the site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Droegemueller Farm for a Site Specific Development Plan and Amended Special Review Permit #519 for an agricultural service establishment (construction business) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat, the plat shall be amended to show: a. The existing access from Weld County Road 388 south into the outside storage area. b. The on-site parking area for employees. 4. Prior to construction of the truck wash facility on the property, a comprehensive engineer design and operations plan, approved by the Weld County Health Department, shall be submitted to the Department of Planning Services. 940372 AMENDED SPECIAL REVIEW PERMIT #519 - DROEGEMUELLER FARM PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of April, A.D. , 1994. Wa444BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, .CQOLORADO Weld County Clerk to the Board 1A� 1�-1Alq W. H. Webster, 'layman BY: l��t'EA,^- !' /(.(liO/L) Deputy C rk to the Board a e/KK. a , Pr/o-_ m APPROVED AS TO FORM: fr-`/ C.-- '/rc r �Geor e'E. Baxter 12'L1�Ce� cis or�i�.S� County Attor ey Co tance L. Harbert lvdait Barbara J. Kirkm er 940372 SITE SPECIFIC DEVELOPMENT PLAN AMENDED SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DROEGEMUELLER FARM AMENDED USR #519 1. The Site Specific Development Plan and Amended Special Review Permit is for an agricultural service establishment (construction business) in the A (Agricultural) Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be controlled on this site. 7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) , measured according to 25-12-102, Colorado Revised Statutes. 8. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. (Individual Sewage Disposal System) evaluation prior to the issuance of the required septic permit(s) . In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. Regulations. 9. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County I.S.D.S. Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County I.S.D.S. Regulations. 10. All pesticides, fertilizer, and other potentially hazardous chemicals shall be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. 11. An I.S.D.S. permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 12. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 940372 DEVELOPMENT STANDARDS - DROEGEMUELLER FARM PAGE 2 13. The proposed truck wash facility shall comply with the following: a. Odors shall be minimized at all times and shall not equal or exceed the level of 31-to-1 dilutions threshold as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. b. An on-site manager familiar with the Special Review Permit Development Standards shall be on site at all times that the truck wash facility is open for business. c. Any required CPDS Permit shall be obtained from the Water Quality Control Division, Colorado Department of Health, and amended if appropriate for the increased operation. d. The wash bays shall be constructed and operated in such a manner as to control spillage, splash, and spray onto the ground. Wash water shall not be allowed to contaminate the ground. e. The facility shall be used exclusively for the washing of dirt moving equipment. f. A daily log of operation conditions including number of vehicles washed, solids stored, solids taken out of storage, equipment inspections, etc. , shall be maintained. g. Upon closure of the facility, all wastes shall be removed and or treated, all structures shall be recycled or disposed of, and the site shall be graded and seeded in accordance with the recommendations of the Soil Conservation Service. h. The Weld County Health Department and the Weld County Planning Department reserve the right to require additional Development Standards pertaining to the truck wash when the design and operation plan is submitted for review. 14. The recycling portion of the facility shall be limited to the waste streams indicated in the application and used and secondhand lumber. 15. The recycling portion of the facility shall comply with the proposed Colorado Department of Health Recycling Regulations which are not yet in final form. According to the February 7, 1994, draft of these regulations, compliance with these regulations for this facility appears to be a notification procedure only. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 940372 DEVELOPMENT STANDARDS - DROEGEMUELLER FARM PAGE 3 17. Oil and fuel storage tanks shall be properly bermed and containment methods shall be used in accordance with West Greeley Soil Conservation District recommendations. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. 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. 21. 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. 22. 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. 940372 HEARING CERTIFICATION DOCKET NO. 94-34 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (CONSTRUCTION BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - DROEGEMUELLER FARM A public hearing was conducted on April 20, 1994, at 10:00 a.m. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer - Absent Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Cyndy Giauque Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated March 23, 1994, and duly published March 31, 1994, in the Windsor Beacon, a public hearing was conducted on April 13, 1994, to consider the request of Droegemueller Farm for a Site Specific Development Plan and Amended Special Review Permit for an agricultural service establishment (construction business) in the A (Agricultural) Zone District. At said hearing on April 13, 1994, the Board continued said matter to allow the applicant to post the necessary sign in a timely manner. At said hearing on April 20, 1994, Cyndy Giauque, Assistant County Attorney, made this a matter of record. Let the record reflect that Commissioner Kirkmeyer is now present. Gloria Dunn, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Ms. Dunn presented to the Board a referral response from the Oil and Gas Commission indicating no objections and stated the applicant has posted the necessary sign. Dave Droegemueller, applicant, and Glen Droegemueller, Attorney, were present. In response to a question from Commissioner Kirkmeyer, Glen Droegemueller confirmed that Development Standard 1114 had been changed during the Planning Commission's hearing and all Conditions of Approval and Development Standards are acceptable. Art Peterson, surrounding property owner, represented his family and close neighbors and spoke in favor of the request. He indicated they are pleased to have Dave Droegemueller and his operation near them. Commissioner Harbert moved to approve the request of Droegemueller Farm for a Site Specific Development Plan and Amended Special Review Permit for an agricultural service establishment (construction business) in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Baxter, and it carried unanimously. This Certification was approved on the 25th day of April, 1994. APPROVED: ATTEST: /1 � L� BOARD OF COUNTY COMMISSIONERS 4G WELD COUNTY, COLORADO Weld County Clerk o the Board i-4 , By: Sfika.64, A-- ft W .c ebstertrman Deputy ggerk to the Board Da e K. Hall, Pr -Tem TAPE #94-21 / Georg E. Baxter DOCKET #94-34 TT Con tance L. Harbert PL0968 - /BBa1zrtbbara J. Kirkme 1114 � er 940336 ^ o r'7 NOT I C E The Board of County Commissioners of Weld County, Colorado, on April 20, 1994, conditionally approved a Site Specific Development Plan and Amended Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Droegemueller Farm 27451 Weld County Road 388 Kersey, Colorado 80644 LEGAL DESCRIPTION: Part of the SW* of Section 10, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An agricultural service establishment (construction business) in the A (Agricultural) Zone District SIZE OF PARCEL: 30.83 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD PUBLISHED: April 28, 1994, in the Windsor Beacon 940372 AFFIDAVIT OF PUBLICATION IISLUZ L STATE OF COLORADO The Board of County SS Commissioners of Weld COUNTY OF WELD County,Colorado,on April 20, 1994. conditionally approved a Site Specific I, ROGER A. LIPIER, of said County of Weld, being duly Development Plan and Amended Special Review SWOT,say that I am publisher of Permit for the property and purpose described below. Conditional approval of this WINDSOR BEACON plan creates a vested Property right pursuant to Article 813 of Title 24,C.R.s., a weekly newspaper having a general circulation in said as amended,for a period of County and State, published in the town of WINDSOR, in three years. said County and State; and that the notice, of which the APPLICANT:Droegemueller annexed is a true copy, has been published in said weekly Farm 27451 Weld County Road for / successive weeks, that the notice was 388 Kersey,comrade 80644 published in the regular and entire issue of every number of the paper during the period and time of publication, and in LEGAL DESCRIPTION:Part the newspaper proper and not in a supplement, and that Townshm 5 North, 64 the first publication of said notice was in said paper bearing West of the 13th P.M..Weld t ate of the County,Colorado "` day of ari gth AD., 19 11r and the TYPE AND INTENSITY r OF APPROVED USE:An last publication ring the date of the agricultural service _day of AD., 19 and that establishment(construction the said WINDSOR BEACON has been published business) in the A (Agdcusural)Zone District continuously and uninterruptedly for the period of 5 SIZE OF PARCEL:30.83 consecutive weeks, in said County and State, prior to the acres,more or less date of first publication of said notice, and the same is a Failure to abide by the terms newspaper within the meaning of an Act to regulate printing and conditions of approval of legal notices and advertisements, approved May 18, will result in a forfeiture of 1931, and all prior acts so far as in force. the vested property right. BOARD OF COUNTY COMMISSIONERS X✓` LJ WELD COUNTY, /) JJ$ ISHER COLORADO BY: DONALD D.WARDEN Subscribed and sworn to before me this day of CLERK TO THE BOARD /n (9 19 BY: SHELLY K.MILLER �r DlRUTY CLERK TO '-7-7 THE IOW *` NOTARY PUBLIC e,eeew en dellne fie eaapaM My commission expires Ey .2 •.79476, • 940372 f,6, mEmoRAnDum Board of County Commissioners April 13, 1994 • To Gloria Dunn, Current Planner COLORADO From Amended USR-519 Subject: Department of Planning Services' staff requests that this Use by Special Review proposal be continued to April 20, 1994 at 10:00 a.m. Written notification of the Board of County Commissioners hearing date was not received by the applicant in time to meet the ten-day sign posting requirement on the property. The applicant stated that rescheduling the Board hearing on April 20 is acceptable to him. CX F 940 372 ft \\,c 3 DEPARTMENT OF PLANNING SERVICES V D PHONE (303) 353-3845, EXT. 3540 R WELD COUNTY ADMINISTRATIVE OFFICES 19g� 1400 N. 17TH AVENUE �p�+,y qy GREELEY, COLORADO 80631 - �Cl y" COLORADO 1994 February 14, 1994 SVM\O.N.F�tf.@ CASE NUMBER: AM USR-519 f TO WHOM IT MAY CONCERN: 1C-X0 ° Enclosed is an application from Droegemueller Farm for a Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 1/2 miles northeast of Kersey, west of and adjacent to Weld County Road 55 1/2 and adjacent to Weld County Road 388. 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 March 1, 1994, 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 .J�x We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Co'°.veoo OIL S £c 5 Cows. Comm. Date: APR 1 2 1994 uLC WE APR 1 5 1994 940372 vow County Planning I • cy:fh t. a 1 ARTMENT OF PLANNING SERVICES I PHONE (303) 353-3645, EXT. 3540 MAR 1 8 1944 11' WELD COUNTY ADMINISTRATIVEFCES 1400 N. 17THO VENUE GREELEY, COLORADO 80631 Yale r"unar prann. ny COLORADO February 14, 1994 CASE NUMBER: AM USR-519 TO WHOM IT MAY CONCERN: Enclosed is an application from Droegemueller Farm for a Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 1/2 miles northeast of Kersey, west of and adjacent to Weld County Road 55 1/2 and adjacent to Weld County Road 388 . 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 March 1, 1994, 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. ,(01 ,,ns,gtma((w .4 « Am„ ,Leni an wfr ‘,J u � �` � far,,N✓ /y ;, c .rl, �� ,. n�df�:�afi.� 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 efe to the enclosed letter. /J Signed: Agency: -117.O.1-4 KLlt/ Date: 3�9�9 9(10372 DEPARTMENT OF PLANNING SERVICES lDe PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES Ie 1400 N. 17TH AVENUE 80631 GREELEY, COLORADO COLORADO February 14, 1994 CASE NUMBER: AM USR-519 TO WHOM IT MAY CONCERN: Enclosed is an application from Droegemueller Farm for a Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 1/2 miles northeast of Kersey, west of and adjacent to Weld County Road 55 1/2 and adjacent to Weld County Road 388. 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 March 1, 1994, 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. A 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: a/l.Lyf //,I� Agency: (,,'C—(3 Date: .3-2f3-4? 940372 r , l ARTMENT OF PLANNING SERVICES _ PHONE(303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES MAR 1 8 1994 1400 N. 17TH AVENUE ® GREELEY, COLORADO 80631 �r rd rAffnip pi ennin COLORADO February 14, 1994 CASE NUMBER: AM USR-519 TO WHOM IT MAY CONCERN: Enclosed is an application from Droegemueller Farm for a Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 1/2 miles northeast of Kersey, west of and adjacent to Weld County Road 55 1/2 and adjacent to Weld County Road 388. 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 March 1, 1994, 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. ,Dn.a eyma!!w Ja..w hsn 6..,.! Q/1 e • '�..r' !o I 2. We We do not 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 efee to the enclosed letter. pp � Signed: {{ ��/ Agency: -71,4),... AL say f .Cy Date: 3�q /q SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING March 15, 1994 Page 2 The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Shirley Camenisch - yes; Marie Koolstra - yes; Bud Clemons - yes; Ron Sommer - yes; Richard Kimmel- yes. Motion carried unanimously. CASE NUMBER: USR-0141 APPLICANT: Public Service Company REQUEST: A Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility for a 9 mile long 12 inch high pressure gas pipeline in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of Section 7, 8, 9, and 18, T5N, R66W and part of Sections 7, 13, 14, 15, 16, 17, and 18, TSN, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Between 59th Avenue and Weld County Road 13, adjacent to U.S. Highway 34. Tim Atwater, representative, explained this application will reinforce the west side of Greeley, the Town of Windsor, and the Ft. Collins area. The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this application. Jerry McRae was concerned about the easement areas for this application. Tim Atwater marked the route of the gas pipeline on the overhead projection. The Vice-Chairman asked the applicant if they agreed with the Department of Planning Services' staff recommendation. Tim Atwater said yes. Bud Clemons moved Case Number USR-1041, Public Service Company, be approved by the Weld County Planning Commission. Ron Sommer seconded the motion. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Shirley Camenisch - yes; Marie Koolstra - yes; Bud Clemons - yes; Ron Sommer - yes; Richard Kimmel- yes. Motion carried unanimously. CASE NUMBER: Amended USR-519 APPLICANT: Droegemueller Farm REQUEST: A Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-1/2 mile northeast of the Town of Kersey; west of and adjacent to Weld County Road 55-1/2 and adjacent to Weld County Road 388. fXh/6i f 940372 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING March 15 , 1994 Page 3 Glen Droegemueller, Attorney, representative, Droegemueller Farm, explained this shop facility had originally existed as a nonconforming use and 80% was destroyed by fire. His brother, the applicant, has a wide range of uses for this shop including demolition work throughout the County and maintenance of trucks and heavy equipment he utilizes . They would like to replace what originally existed and also incorporate a 30' x 60' wash facility and a patio that will someday connect the two existing patios. They proposed to build the 80' x 60' shop in a more secluded location on the property. Marie Koolstra was concerned the expansion of the business would use too much agricultural land. Bud Clemons was concerned about the outdoor storage on the property. Lee Morrison explained this amended application is consistent with the Use by Special Review approved in 1982 and is consistent with prior handling. The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this application. Art Peterson, surrounding property owner, explained they are all pleased to have this type of equipment available along the river. Mr. Droegemueller' s equipment has saved surrounding property owners from "wash-outs" in the past. He has no problems with this type of operation in the area. The Vice-Chairman asked if the applicant agreed with the Department of Planning Services' staff recommendation. Glen Droegemueller said yes, but they would like the term "used and secondhand lumber" included in Development Standard #14. Ron Sommer moved Case Number Amended USR-519, Droegemueller Farms , be forwarded to the Board of County Commissioners with a change to Development Standard #14 as recorded in the resolution. Shirley Camenisch seconded the motion. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Shirley Camenisch - yes; Marie Koolstra - yes; Bud Clemons - yes; Ron Sommer - yes; Richard Kimmel- yes. Motion carried unanimously. CASE NUMBER: Z-487 APPLICANT: Tom and Margaret Russell REQUEST: A Change of Zone from A (Agricultural) to E (Estate) LEGAL DESCRIPTION: Part of the E2 of Section 5, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1500 feet north of Weld County Road 12; west of and adjacent to Carmacar Ranchettes; and approximately 1500 feet west of Weld County Road 5. 940372 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer that the following resolution with a change in the wording of Development Standard Number 14, be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Amended USR-519 NAME: Droegemueller Farm ADDRESS: 27451 Weld County Road 388, Kersey, CO 80644 REQUEST: A Site Specific Development Plan and an Amended Special Review pe;mit; -`- for an agricultural service establishment (construction business) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-1/2 miles northeast of the Town of Kersey; west of and adjacent to Weld County Road 55-1/2 and adjacent to Weld County Road 388. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24. 3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Urban Growth Boundary Area Goals and Policies as set forth in the Weld County Comprehensive Plan. The Town of Kersey has reviewed this request and has no objections to the proposal. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. The uses which would be permitted will be compatible with the existing surrounding land uses which include a rural residence, agricultural production, and oil and gas production. Conditions of approval and development standards will ensure compatibility with the surrounding land uses. No objections have been received from surrounding property owners. A portion of the property lies within the Flood Hazard Overlay District. Any new structures which may be built within this District must comply with Flood Hazard Overlay District requirements. No other overlay district affect the site. tiekih ho 940372 RESOLUTION, Amended USR-519 Droegemueller Farm Page 2 Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission' s recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat, the plat shall be amended to show: - The existing access from Weld County Road 388 south into the outside storage area. The on-site parking area for employees. 4. Prior to construction of the truck wash facility on the property, a comprehensive engineer design and operations plan, approved by the Weld County Health Department, shall be submitted to the Department of Planning Services. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Shirley Camenisch Bud Clemons Marie Koolstra Ron Sommer Richard Kimmel The Vice-Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 940372 RESOLUTION, Amended USR-519 Droegemueller Farm Page 3 CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on March 15, 1994. Dated the 15th of Marc 1994. Y SC F. uff Secretary 940372 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Droegemueller Farm Amended USR-519 1. The Site Specific Development Plan and an Amended Special Review permit is for an agricultural service establishment (construction business) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be controlled on this site. 7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) , measured according to 25-12-102, Colorado Revised Statutes. 8. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s) . In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 9. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 10. All pesticides, fertilizer, and other potentially hazardous chemicals shall be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. 11. Individual Sewage Disposal System permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 12. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 940372 DEVELOPMENT STANDARDS, Amended USR-519 Droegemueller Farm Page 2 13. The proposed truck wash facility shall comply with the following: Odors shall be minimized at all times and shall not equal or exceed the level of 31-to-1 dilutions threshold as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. An on-site manager familiar with the Special Review Permit Development Standards shall be on site at all times that the truck wash facility is open for business. Any required CPDS Permit shall be obtained from the Water Quality Control Division, Colorado Department of Health, amended if appropriate for the increased operation. - The wash bays shall be constructed and operated in such a manner as to control spillage, splash, and spray onto the ground. Wash water shall not be allowed to contaminate the ground. The facility shall be used exclusively for the washing of dirt moving equipment. A daily log of operation conditions including number of vehicles washed, solids stored, solids taken out of storage, equipment inspections , etc. , shall be maintained. Upon closure of the facility, all wastes shall be removed and or treated, all structures shall be recycled or disposed of, and the site shall be graded and seeded in accordance with the recommendations of the Soil Conservation Service. The Weld County Health Department and the Weld County Planning Department reserve the right to require additional Development Standards pertaining to the truck wash when the design and operation plan is submitted for review. 14. The recycling portion of the facility shall be limited to the waste streams indicated in the application and used and secondhand lumber. 15. The recycling portion of the facility shall comply with the proposed Colorado Department of Health Recycling Regulations which are not yet in final form. According to the February 7, 1994, draft of these regulations, compliance with these regulations for this facility appears to be a notification procedure only. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 940372 DEVELOPMENT STANDARDS, Amended USR-519 Droegemueller Farm Page 3 17. Oil and fuel storage tanks shall be properly bermed and containment methods shall be used in accordance with West Greeley Soil Conservation District recommendations. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. 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. 21. 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. 22. 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. 940372 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Droegemueller Farm Case Number: AM USR-519 Submitted or Prepared Prior to Hearing At Hearing 1. Application 19 pages X 2. 1 Application plat 1 page 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. March 11, 1994 referral from the Weld County Health Department X 12. March 9, 1994 letter from Glen Droegemueller X 13. March 8, 1994 referral from Platte Valley Fire Protection District X 14. March 8, 1994 memo from Department of Planning Services X 15. February 28, 1994 referral from Weld County Engineering Department X 16. March 3, 1994 referral from the West Greeley Soil Conservation District X 17. March 4, 1994 referral from the Weld County Health Department X 18. Statement of support from surrounding property owners 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 March 18, 1994. cxhrh,f A o^""2 INVENTORY OF ITEMS Droegemueller Farm AM USR-519 Page 2 Gloria u , Current Planner STATE OF COLORADO ) COUNTY OF WELD ,SilWtdR D AND SWORN TO BEFORE ME THIS IS ay of 19"4(c. Gam; / `G o ; fT.P U 8 k" % rs 141) NOTAI PUB I ' Expires 1�,,,n iy 11 61(4:S—. 910372 EXHIBIT INVENTORY CONTROL�� SHEET Case `1,09 US/t. lei g 'I2C.ttt-Ziz-i Exhibit Submitted By Exhibit Description 34,1/44F A. �11Qnnir� .t..r-,zto-i'i . A,na- A% B. Rarmm/C mr. ( /ee,fio-eu-ran pp enruneit tt.€5h- C. /AMP CD71?/2° , ulnas—tevv 7' ferny SZ�3 D. eitzAf 1; /Sn- ei 7Wi& /t7 E. 44 /7/ :Ste/7¢ G�2G*7v1 /010/'7 /\ -1�, / 92ttw i ,ti ; fin tu- /v `1/40/40 `th. E. /r' ' (Q2,) fu lf4fS�n lt-a-es 113 G. d lS -4 ,C�lydiz t £ CLjh t. AY>4 H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. z. 940 372 GLEN DROEGEMUELLER, P.C. ATTORNEY AT LAW 822 SEVENTH STREET•SUITE 330•GREELEY,COLORADO 80631 •(303)353-9599•FAX(303)353-9597 February 9, 1994 Hand Delivered Ms. Gloria Dunn Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, CO 80631 Dear Gloria: Enclosed please find the following items for submission for an Amendment to U.S.R. 519-82 : 34 for the Droegemueller Farm: 1) Original plus 24 copies of the Special Use Review Map; 2) Completed Use by Special Review Application along with /.' the application and recording plat fee from the Applicant; M ��a� /Pi 3) Affidavit of Interest Owners Surface Estate; t4' ( e. c 4) Affidavit of Interest Owners Minerals and/or Subsurface Estate; 5) 25 sets of a narrative which attempts to address the application requirements set forth in the Use by Special Review Procedural Guide. 6) Copy of deed by which the Applicants took title to the property; Although the Procedural Guide references the necessity for a noise report and soils report, it is my understanding from previous conversation with you that because this is an amendment to an existing Use by Special Review and is essentially a replacement facility for an existing facility, neither of those reports would be required to be submitted. I remain somewhat confused about the posting of the property for both the Planning Commission hearing and the final hearing before the County Commissioners. The packet contains two 8k" x 11" sheets, and I am not certain whether it is the Applicant's responsibility to post those sheets or whether that posting is accomplished by the Department of Planning Services. It would be 9 s0 372 Ms. Gloria Dunn February 9, 1994 Page 2 helpful if you could advise me whose responsibility that is. I would also appreciate receiving from you a statement as to time guidelines so I will know when to prepare for the hearings before the Planning Commission and County Commissioners. Finally, it would be helpful for me to meet with your staff regarding any concerns your staff might have regarding this submission before the staff takes a formal position in this matter. Thank you for your continued cooperation in this matter. Sincerely, 1-1/4-\ (C Glen Droemueller Attorney a Law GD:sjr Enclosures pc: Dave Droegemueller 940372 NARRATIVE ACCOMPANYING APPLICATION FOR AMENDMENT TO U.B.R.-S19-82:34 DROEGEMUELLER FARM The Droegemueller Farm is located in the Southwest Quarter of Section 10, Township 5 North, Range 64 West of the 6th P.M. , in Weld County, Colorado. The farm is divided into a north and south parcel with the dividing line being Weld County Road 388. The farm to the north is an approximate 25. 5-acre parcel with Weld County Road 55§ being the eastern boundary of the property, Weld County Road 388 being the southern boundary of the property, and two private property owners to the west and north with the northern property line being the Oglivy Ditch. Approximately 20 ar•rets of the northern property is devoted to 8gricultnra and 5.5 acres have been devoted to residential use and a construction business with that business having been operational since January 5, 1973 . The 5.5-acre parcel not devoted to agricultural use has a residential structure located in the southeast corner of the parcel, an office structure located approximately 100 yards to the north of the residential structure previously described, a ,second residential home located approximately 360 feet from Weld County Road 551 and had, until November of 1993, a shop maintenance building used by the construction company. In November of 1993 , fire destroyed the shop building, and in accordance with County regulations, the Applicant must now apply to amend the existing Use by Special Review to reconstruct the shop facility. The non-agricultural area also contains two wooden storage sheds, facilities for fuel storage, two wells and a water storage cistern which stores 12, 000 gallons of water. In addition, in the southwest corner of the non- agricultural property, their is a producing oil and gas well which is not owned by the Applicant. The property south of Weld County Road 388 is approximately 2 .92 acres and is used for the outside storaae of construction .equipment and for stock piling of used concrete, asphalt and other construction materials which may have someimarket value in the future that are recycled as a part of the business known as Aqr n ack) Approximately 2. 92 acres on the south side of the road is used for these purposes. In July of 1991, the Department of Planning Services determined that the construction business existed before the zoning of the property and assigned Non-conforming Use No. 240 to the property. The property south' of Weld County Road 388 is owned by the Droegemueller Trust with Dave Droegemueller as the Trustee. In the first phase of construction on the north portion of the property in the non-agricultural area, the Applicant proposes to build a replacement construction shop which would be a metal building that would be 65, feet wide and 80feet long. In the proposed building there would be a welding area which would be built in accordance with building code standards for an H-4 building, and that area would be approximately 30 feet wide and 60 feet long and would be separated from the balance of the building by an appropriate fire wall. The balance of the building would be 940372 devoted to an area for machine maintenance and an office area and bathroom area. The machine maintenance area would have one (1) pit which would allow mechanics to repair and service equipment of the company from beneath the vehicle. The floor of the entire building would be concrete. The construction shop would have restroom facilities for both men and women, would have domestic water service which is provided by North Weld Water. The heating system for the building will either be a radiant gas heating or a hot water heating system which is incorporated into the floor of the building. The welding area would be independently heated from the balance of the shop. The shop would be located approximately 150 feet from the western edge of Weld County Road 551 , approximately 300 feet from the northern edge of Weld County Road 388, approximately 100 feet from an existing office building to the east of the proposed shop, approximately 180 feet from a residence located on the southeast corner of the property and approximately 150 feet from an existing residence to the west of the proposed shop. The primary access to the shop would be from the east on Weld County Road 551 and would include a security gate which would be locked when the owners of the property were not present. There would be an access door to the shop from the east, and there would be two access doors to the shop on the west side. The types of equipment that would be maintained in the shop include diesel trucks, trailers, backhoes, crawler loaders, motor graders, rubber tire loaders, a 30-ton Loraine crane and other heavy equipment that may be purchased by the company. It is also anticipated that concrete access ramps would be built on the east and west sides of the shop to aid in driving vehicles into and out of the maintenance shop. It is also anticipated that on the east, south and west sides of the proposed shop a 6-foot chain link fence would be constructed and exterior lighting would be erected for purposes of security and for the storage of materials necessary to the company to allow it to conduct its business. The fence on the east would extend 20 feet from the building; the fence on the south would extend 40 feet from the building; and the fence on the west would extend 30 feet from the building. The Applicant would store outside the building but inside the chain link fenced area the following welding gases which might be enclosed within a second fenced area for purposes of security: acetylene, oxygen, argon, CO2 and trymix. In addition, within the chain link fenced area, the Applicant proposes to store with appropriate screening so these items would not be seen from either Weld County Road 551 or Weld County Road 388, spare truck tires necessary to operate the business and certain scrap iron which would be placed in a container. The construction of the new shop would require that the Applicant construct a septic tank system, and construction of that 2 940372 system would be in accordance with the requirements of the Weld County Health Department. The proposed location of the new shop would be in an area which would take less than 1/2-acre of agricultural property which has previously been farmed out of production. The reason for locating the building as shown on the Use by Special Review map is to increase the security for the maintenance shop, to buffer the existing single-family residence to the west of the shop from sight on Weld County Road 551 and to increase the accessibility of the maintenance shop during winter months. The location of the new shop would also increase the distance between the shop and the fuel storage that exists to the west and south of the proposed location of the shop which should decrease any risk of fire reaching the fuel tank storage in the unlikely event of a fire in the new shop. The need for the proposed maintenance shop is crucial to the construction business known as AgriTrack, Inc. The cost of maintenance for the equipment to be utilized by AgriTrack, Inc. , can be extremely expensive and a majority of the maintenance work done on the company's equipment is done by company employees. It is also necessary for the company, at times, to fabricate equipment to complete jobs that are undertaken by the company and without a maintenance and fabrication area, the company cannot continue in operation. The company does not propose to expand or engage in any uses that were not contemplated prior to the time of the fire in the fall of 1993 . The company is replacing an existing facility including a maintenance area and fabrication area which is a modern version of what the company had before the fire. By way of bac •round, AgriTrack, Inc. , is a company that presently employs 0 persons and engages in a wide variety of highly specialized . ercial and agricultural activities for other businesses throughout the county. The company has engaged in sludge hauling operations, demolition activities, water and sewer line installation, hauling activities involving all types of materials and other specialized activities for a period of 21 years. The number of employees employed by the company varies depending upon demand for the company's services. It is not necessary for all employees to park private vehicles in the area being considered for amendment because 1/2 to 3/4 of the company's employees commute to job sites away from the area being considered in this application. The area adjacent to the proposed shop on the south would easily accept parking of employees' vehicles and company vehicles without producing any negative effect to neighboring areas. The zoning of all areas adjacent to the property is agricultural, and the proposed use has been and will continue to be compatible with other uses in the area. Accompanying this application is an affidavit signed by each of the 3 940372 adjacent property owners which supports the proposed amendment to the existing Special Use Application. In terms of animals that would become a part of the Use by Special Review, the Applicant would like to reserve the right to place one or two guard dogs within the fenced area surrounding the maintenance shop to increase security if that activity is deemed necessary by the Applicant in the future. The storage of material areas cannot be identified precisely with this Application, but those materials which would be stored would include tires, scrap metal used in repair and fabrication and oxygen and gases required for welding, and all those materials would be screened from view to avoid any negative impact which would occur to either the owners of the property or neighbors who adjoin the property. Debris from the fire has already been removed from the property, and any debris generated by the construction of the proposed replacement maintenance shop and fencing would be removed contemporaneously with the construction of the building. It is anticipated that the time period for construction would be a period which would begin immediately after the granting of a building permit by the County and would be completed as the general contractor employed by the Applicant to construct the building could complete all construction tasks. It is the Applicant's belief this proposal is consistent with the Weld County Comprehensive Plan because the type of facility to be constructed could easily be converted to agricultural uses in the event the business conducted by AgriTrack, Inc. , ceases at any time in the future. The decision regarding the location of the maintenance shop has been designed to conserve as much productive agricultural land as possible while at the same time improving the security for the shop and other structures of the landowner. The location of the maintenance shop has also been designed to protect the health, safety and welfare of the inhabitants of the neighborhood by moving the shop to the north away from Weld County Road 388 , by limiting access to the shop from the east only on Weld County Road 551 and by trying to locate the shop in a position that would not place at risk any other structures of the owners of the land or adjacent property owners in the event of fire. It is the Applicant's belief the proposed shop is compatible with existing surrounding uses which are all agricultural in nature. It is also the Applicant's position it is unlikely that future development of the surrounding area will occur because the property has been predominantly agricultural property for the last 50 years and is not in any growth pattern involving expansion of existing municipalities. To the best of the Applicant's knowledge, the Special Review 4 940372 Area is not located in a flood plane, geological hazard area or within the Weld County Airport Overlay District. The Applicant will also build a storm water detention facility in the southwest corner of the area not devoted to agricultural use to accept storm water runoff which flows in a southwesterly direction across the property. At a future date, the Applicant would also like to reserve the right to construct an inside wash facility which would be 20 feet in length and 60 feet in width and would be built on the southern boundary of the shop. The Applicant does not anticipate building such an equipment washing facility in 1994 and would only build the facility in the event the need for that facility was demonstrated to AgriTrack, Inc. In the event any such facility was built, it would only be used by AgriTrack, Inc. , and would not be made available to any outside user. The purpose of including this paragraph regarding the inside equipment wash facility is so the Applicant will not have to return for additional amendment to the Use by Special Review at a future date. The Applicant is aware that presently AgriTrack, Inc. , is using a spray machine to clean its equipment, but it was done outside the prior maintenance shop building, and that practice will continue for the foreseeable future. In the event any inside wash facility is constructed in the future, the Applicant would meet any requirements imposed by the Weld County Health Department regarding control of the water and debris washed off the equipment. It is the Applicant's belief that the proposed maintenance shop facility is nothing more than a modernization of the prior non-conforming use and if approved by the County, will provide a facility which will be an economic benefit, both to the Applicant and to the County in general . It is also the Applicant's belief that the proposed maintenance shop facility and its new location will benefit the surrounding areas by allowing for more orderly use of the area that has been previously devoted to the construction business carried on by AgriTrack, Inc. The Applicant's plans for screening, fencing and security are such that the maintenance shop facility will present a positive impact on the area and will not diminish the value of any surrounding property. While not directly related to the replacement of the shop, the Applicant also plans to build a 5-6' metal fence which will separate the shop area and parking area utilized by AgriTrack from the residential home which is located in the southwest corner of the non-agricultural area. The Applicant also plans to create an access road from the residence to Weld County Road 388 and put in a security qate which will limit the access to improve security to the existing residence. The Applicant would also like to request the ability to build a concrete patio on the west side of the residential home located 5 940372 in the southwest corner of the existing property. The patio to be built would connect an existing patio on the south side of the property with an existing patio on the north side of the property and might extend a distance of an additional 10' to the west of the existing patios. The patio to be constructed would also include a sun porch which would replace an existing porch on the west side of the residential home and add an additional sun porch on the northwest side of the home which would provide a barrier to increase the warmth of the lower west portion of the residence. The Applicant is presently uncertain as to when that patio and sun porch construction would take place and is including the information in this application to ensure it would not be a deviation of the Use by Special Review already existing on the property. Because the patio is essentially a residential issue, the Applicant has chosen not to address all the information requested in the procedural guide because the Applicant feels this is a residential collateral use which should not be objectionable to either the County of any adjoining residents because of the substantial distances between the Applicant's residence and other residences of neighbors. The Applicant also proposes to include the property on the south of Weld County Road 388 as that property was approved as a non-conforming use in July of 1991. As previously referenced, the property south of Weld County Road 388 is used for the outside storage of construction equipment, for the stock piling of used concrete and asphalt and for other construction materials which potentially could be recycled as a part of the AgriTrack demolition business. At the time of the approval of the non-conforming use, the area included a 2 .92-acre parcel although not all c2.92 acres had been used at that time. The Applicant does not propose to increase the acreage for the storage of the items referenced in this paragraph. The Applicant proposes to move the two wooden storage sheds presently located on the north side of Weld County Road 388 to this property located on the south of Weld County Road 388 to accommodate storage of some materials which could be recycled but need to be protected from the elements. The location of the wooden sheds would be such that they would not been subject to any destruction in the event of flooding of the property by the South Platte River. It is the Applicant's belief that this storage P area is the best use of the property because the property was marginal agricultural property before it was converted in 1973 and no health or safety hazards are presented by the materials stored on the property. The types of materials stored on the property, although located adjacent to the South Platte River, are not the types of materials that would be moved by flooding and are not the types of materials which present any type of environmental hazard as presently stored. 6 940372 ac •_�'_-.s.L�..•y I rte ,..ea.. '� '—� %: 't :.ram I .. • N�,y 1 � 0 R 1024 PEC 01959974 03/20/al 16145 $3 no 1;001 w e F 0672 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO it Y /r -- Ten Dar, Ka iii, 15th lay et March ,u 84, 'A,,e, ° Mary R. Droegemueller, David S. Droegen seller, ��' Mw+ Jill A. (0roegemueller) 6ugh, and John A. .may„y -: Droegemueller 3'. .. I i sills County et Weld and stale et I'' Gatorade,of the first part and _ dI David Droegemueller and Mary Droegemueller, as joint tenants, 27451 Weld Cog?. Road 388, Kersey, of and state et _. Colorado,of the eecood part t . . 1 wITNESSETII.That the sail part i es of the lint part for and In ceutdentlee of the sum of ---Other valuable consideration and ONE DOLLARS, I' to the said parties of the tint part In hand paid by the Said parties of the mend part the receipt whereof !I f hereby confessed and acknowledged, ha ye remised.released, sold. eoenyed and QUIT CLAIMED, and by w ,. ! ! these presents do remise,releam,sell,convey and QUIT CLAIM unto the said part 1 es of the second pert �.tp x • !I their help,successors and assigns,forever,all the right, Ude, Interest, •claim and demand which the said " {M r' . ! peril es of the first part ha ye In and to the following described lot or Cartel of land situate, lying and .41I !!./2 i1. being In the County of Weld and State of Colorado,to wit. , • 1 Lot R of recorded exemption No. 0963-10-3-RE483, recorded March 12, 1981 in • ! Book 930 as Reception No. 1852137, being a part of the SWh of Section 10, Township 5 North, Range 64 West of the 6th P.M. y I 7 .1111 i Mb ri - 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 -- acid part 1 e5 of the first part,either in law or equity to the only proper on,benefit and behoof of the said ,, „, - I part ies of the second part. Ch^ir nth,and assigns forever. • Ilf WITNESS WHEREOF.The aid part i es of the not part have hereunto set their hand S - ! anit,serd;c4., the day and year first above written. y/�� ^/�!', .,. . / h 2 ,�Frn(AGlet4-( .02/.1�LY�—‘0.02/.2a .. ryK a Sgemuell er _ �- 4eika mid Delivered In the Presentee( ALI e "°-&-0-0- t E avid S. Droege Heller v --.(se '.. .ln (/ (� 1LLt(p(/�f`J ICIL/I h �(Urne erl Hugo ttelsEALI -- ..... aid . . �. dy.a \9., v0+ /'k ...L✓< L •, ph 17. ... ��/� ISEALI "• J n A. DroegemuelleF _ - • STATE OF COLORADO, d County of Weld I n. - . Tn.foregoing instrument was acknowledged before me this 15th day of March .'— 1984 •bye Mary R. Droegemuel ler, David S. Droegemuel ler, Jill A. (Droegemueller) I Pugh• and John A. Droegemueller. • II My enmmi.don noire. June 10, , 1086 mum...theme hene and orfidel seal. /4-2Fi1� 7 - e 710 11th Avenue, Suite 110 „�"�w. Greeley, CO 80631 ';A: ; — _ —.— I g • , N..Ht eves cusw arse .. r.u..a..0 u ... ..........r ,....a.,, tin , , Y,r ti t' 1 f 94,0372 s p y)ryi{..r„a+�e+. "241-1:4,- Fd's4: 'MM3: °'icei�C Aid F'. r"r 'f * '\ ',Ii*,wi it: 9� t.1l'PT' ,r ". ° �. a'4' " 3 } 7,•, rvrl Nary e , *Pi�✓ • 6 ¢4 4 lti't Mre Dn;J Droe'e►n4e'fir ,1a : a a +4 ,. scale _ t ete, *�_ ) 'flocks , ! mile , $ 6a`'` 7 Weld countyr ColeroJo tjr o st ' 4 r"qe"� Ay3 a S. i �� $ !.# { r i rte ' r . SeetFen 10 towns6.p 5 range 6H *y a �•` '' 'r , a,.. p `tiy�.�y ;'' » 1" a° (2 p'',,i1.... i Apt > iy�A� -" Fa+�„rms , :ra i a�'+}t �c q ! �... r 3a 11. \'}'.a t '>•`-iwM,*r•1 r • R i xi N $ d k lr t }.8• K : �,y ea t' t #t o l QF Y ,.T" rau •rI., it‘', a f."'„,":, 1 S u$:.r t ::...' \ ? ,EtLr < ate'�' r, -,i-,:%,`,;'k . x, xr f�� F,b�� '�'P1 v . ; xu O �Tri }Oj d { ap � 6:: t so . s; r, • ° r , r+ , 32 3 ,d li �� " •5'xr,a 7' t t244S , .p•;."2.:1 1 fi4 .k , ' A r. ,y,yy $° J"1 xx 1.; m:,i s 34;. :1/4,,, x n ;77.e�anpk e +'5' '5° e gtyF t,., ^y6 ;�C Pi . ..�'. dfk•a Raxj 5 .1'v +� 1 � � t m ' 32 s ' 68r m . \ e '',f ;*it Oil 31 fit'r; NO 2.6 i t 1 an 4G t �r°atxvt �,� Y �k �! F* . 't d Z$ G� ^rte raq. V y: 1.'..!*,4. C:s'ey tlf�" r Y yam. s a 4 rx .a ": e ( \-, '° .th F i1 `ri. t �� A d 5w : C5 * ate rt 0, 1 � F ' •` . ". � „ ,4, it 32 r• •"" r 'ws' z.,-,�14 : �' • 'f '1" +` tk.# a S� is r a �dk #4,,,,C"t <# w, ^ .. t. t Sr 5 : 3 t �. t 4y"4 �, R`q • r a:.. 1 r , 's w , kt %': s p. n•135 a Y t c"ka i{ r ,j i41: ,: r,# *r r'S $• ,� .+ a ', +F.. rS. - § ;'p C, ` � 1 tog -.1. ., K fis � \ '` t r +.4" } : a' 4 m + �.a .. t a ' xPg7, ". c kJ -Alt i ,5 M1,z ;tilwt .fir, ' r f r »,"�1"`e • " .rA"r l- y r Ma a"''4 a v 10.}r x: n • a � ! .rr*d€e ° Pax t °>l. St 7'F .*C.:.":114,1 s J q x' a t z5 t. Itrq.,,,`' 1 v Y5tr t L F" [V o- , t 1 p•.w'gta �r4`�"� x � t s 8i »iFi�':, S•� }� � a�:'L g •.. 'iT w X147': t } e • + x`. t ri^- F . Ft Y°5' "t b m. byy_ r.if h �z a `. :. ^fin x. _. . A /, t.. F'= 1 Y r k•` tYa 2 :ftr a z°er:• .+,..e_r. ''.' r+r' r" x ' DATE: March 15, 1994 CASE NUMBER: Amended USR-519 NAME: Droegemueller Farm ADDRESS: 27451 Weld County Road 388, Kersey, CO 80644 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1-1/2 miles northeast of the Town of Kersey; west of and adjacent to Weld County Road 55-1/2 and adjacent to Weld County Road 388. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Urban Growth Boundary Area Goals and Policies as set forth in the Weld County Comprehensive Plan. The Town of Kersey has reviewed this request and has no objections to the proposal. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. The uses which would be permitted will be compatible with the existing surrounding land uses which include a rural residence, agricultural production, and oil and gas production. Conditions of approval and development standards will ensure compatibility with the surrounding land uses. No objections have been received from surrounding property owners. A portion of the property lies within the Flood Hazard Overlay District. Any new structures which may be built within this District must comply with Flood Hazard Overlay District requirements. No other overlay district affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. 940312 RECOMMENDATION, Amended USR-519 Droegemueller Farm Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat, the plat shall be amended to show: The existing access from Weld County Road 388 south into the outside storage area. - The on-site parking area for employees. 4. Prior to construction of the truck wash facility on the property, a comprehensive engineer design and operations plan, approved by the Weld County Health Department, shall be submitted to the Department of Planning Services. 940372 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Droegemueller Farm Amended USR-519 1. The Site Specific Development Plan and an Amended Special Review permit is for an agricultural service establishment (construction business) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be controlled on this site. 7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) , measured according to 25-12-102, Colorado Revised Statutes. 8. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s) . In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 9. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 10. All pesticides, fertilizer, and other potentially hazardous chemicals shall be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. 11. Individual Sewage Disposal System permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 12. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 940372 DEVELOPMENT STANDARDS, Amended USR-519 Droegemueller Farm Page 2 13. The proposed truck wash facility shall comply with the following: Odors shall be minimized at all times and shall not equal or exceed the level of 31-to-1 dilutions threshold as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. An on-site manager familiar with the Special Review Permit Development Standards shall be on site at all times that the truck wash facility is open for business. Any required CPDS Permit shall be obtained from the Water Quality Control Division, Colorado Department of Health, amended if appropriate for the increased operation. The wash bays shall be constructed and operated in such a manner as to control spillage, splash, and spray onto the ground. Wash water shall not be allowed to contaminate the ground. The facility shall be used exclusively for the washing of dirt moving equipment. A daily log of operation conditions including number of vehicles washed, solids stored, solids taken out of storage, equipment inspections, etc. , shall be maintained. Upon closure of the facility, all wastes shall be removed and or treated, all structures shall be recycled or disposed of, and the site shall be graded and seeded in accordance with the recommendations of the Soil Conservation Service. The Weld County Health Department and the Weld County Planning Department reserve the right to require additional Development Standards pertaining to the truck wash when the design and operation plan is submitted for review. 14. The recycling portion of the facility shall be limited to the waste streams indicated in the application. 15. The recycling portion of the facility shall comply with the proposed Colorado Department of Health Recycling Regulations which are not yet in final form. According to the February 7, 1994, draft of these regulations, compliance with these regulations for this facility appears to be a notification procedure only. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 940 372 DEVELOPMENT STANDARDS, Amended USR-519 Droegemueller Farm Page 3 17. Oil and fuel storage tanks shall be properly bermed and containment methods shall be used in accordance with West Greeley Soil Conservation District recommendations. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. 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. 21. 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. 22. 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. 940272 MEMORAI1DUM WIlDGloria To Dunn 0 Weld County Planning Date March 11, 1994 COLORADO From Jeff Stoll, M.P.H. , Director, Environmental Protection Svs. Subplot: Case Number: AM-USR-519 Name: Droegemueller Farm PT SW4 Section. 10, Township 05 North, Range 64 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. Fugitive dust shall be controlled on this site. 5. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) , measured according to 25-12-102, Colorado Revised Statutes. 6. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s) . In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 7. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 8. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. 9. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. tr[0157SC— Iii 1 4 1994 __.- ..o;1q,R;..ft 940372 MAR-15-94 TUE 8:47 P. 03 Droegemueller Farm AM-USR-519 March 15, 1994 Page 2 10. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 11, A comprehensive engineer design and operations plan for the truckwash must be submitted for review and approval to the Weld County Planning Department and Weld County Health Department prior to construction. In addition, the truckwash operation must adhere to the following: A) Odors shall be minimized at all times and shall not equal or exceed the level of 31-to-1 dilutions threshold as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. B) An on-site manager familiar with the Special Review Permit Development Standards shall be on site at all times that the truck wash facility is open for business. C) Any required CPDS Permit shall be obtained from the Water Quality Control Division, Colorado Department of Health, amended if appropriate for the increased operation. D) The wash bays shall be constructed and operated in such a manner as to control spillage, splash, and spray onto the ground. Wash water shall not be allowed to contaminate the ground. E) The facility shall be used exclusively for the washing of dirt moving equipment. F) A daily log of operation conditions including number of vehicles washed, solids stored, solids taken out of storage, equipment inspections, etc., will be maintained. G) Upon closure of the facility, all wastes shall be removed and or treated, all structures shall be recycled or disposed of, and the site shall be graded and seeded in accordance with the recommendation of the Soil Conservation Service. H) The Weld County Health Department and the Weld County Planning Department reserve the right to require additional Development Standards pertaining to the Truckwash when the design and operation plan is submitted for review. 12. The recycling portion of the facility is limited to the waste streams indicated in the application. MAR 15 '94 08:53 PAGE.003 940372 NAR-15-94 TUE 8:47 P. 04 Droegemue.11er Farm AM-USR-519 March 15, 1994 Page 3 13. The recycling portion of the facility must comply with the proposed Colorado Department of Health Recycling Regulations. According to the February 7, 1994, draft of these regulations, compliance with these regulations for this facility appears to be a notification procedure only. 14. The facility shall have sufficient equipment on hand or available to the on site manager, so dust abatement can be implemented at any time that dust is raised in sufficient quantity as to be observed leaving the property. The dust abatement plan shall be maintained on the property. JLS/288 MAR 15 '94 08:54 PAGE.004 9/10372 mpg mEMORAnDUM V Gloria Dunn To Weld County Planning Date March 11, 1994 COLORADO From Jeff Stoll, M.P.H. , Director, Environmental Protection Svs. Subject: Case Number: AM-USR-519 Name: Droegemueller Farm PT SW4 Section 10, Township 05 North, Range 64 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. Fugitive dust shall be controlled on this site. 5. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) , measured according to 25-12-102, Colorado Revised Statutes. 6. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s) . In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 7. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 8. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. 9. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. ![\"1 MAR 1 4 1994 ,•,y ;� 940372 Droegemueller Farm AM-USR-519 March 11, 1994 Page 2 10. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 11. A comprehensive engineer design and operations plan must be submitted for review and approval to the Weld County Planning Department and Weld County Health Department prior to construction. 12. The recycling portion of the facility is limited to the waste streams indicated in the application. 13. The recycling portion of the facility must comply with the proposed Colorado Department of Health Recycling Regulations. According to the February 7, 1994, draft of these regulations, compliance with these regulations for this facility appears to be a notification procedure only. JLS/288 940 372 GLEN DROEGEMUELLER, P.C. ATTORNEY AT LAW 822 SEVENTH STREET•SUITE 330•GREELEY,COLORADO 80631 •(303)353-9599•FAX(303)353-9597 March 9,1994 Hand Delivered e 9 k99k Ms. Gloria Dunn �) MAR Department of Planning Services t Main Weld County Administrative Offices ^I1° 1400 North 17th Avenue Greeley, CO 80631 Dear Gloria: The purpose of this letter is to provide additional information in an attempt to satisfy the concerns of the Environmental Protection Division of the Weld County Department of Health regarding the proposed amendment to U.S.R. 519-82 : 34 for the Droegemueller farm. In response to Mr. Jiricek's memorandum of March 4, 1994, Dave Droegemueller, who is the applicant, discussed each of the issues raised in the memorandum at some length with Mr. Jiricek. It is our understanding that if we provide the Department of Planning Services with supplemental information, the Environmental Protection Division will support the proposed amendment. One of Mr. Jiricek's concerns was the type of materials that would be stockpiled south of Weld County Road 388. Unfortunately, the original information provided to you did not identify specifically the nature of those materials. The types of materials the applicant has stockpiled in the past and will continue to stockpile in the future include concrete which has been broken away from buildings, sidewalks or similar uses and is stored in various sizes depending upon the nature of the demolition, used brick which has been recovered from demolished buildings, used asphalt which is also stored in various sizes which will not be recycled on that site by the applicant, and various sizes and dimensions of steel that has been recovered from demolition projects but has some salvage value and is simply being stored for possible reuse in the future. I also wish to make it clear that the applicant does not contemplate that storage of materials on the south side of Weld County Road 388 will not be open to the public or to any other users other than the applicant. In the regulations provided to the applicant by Mr. Jiricek, there was some concern that this was a recycling location, but that simply is not the case. The applicant stores these materials for possible sale to third parties who may need those materials in the future, but he does not offer the site for storage of materials by 940372 Ms. Gloria Dunn March 9, 1994 Page 2 others nor does he intend to accept any type of waste materials from the general public. Commonly, the concrete he stores may be requested in various quantities by users who want to reinforce ditches or dam structures, and it is impossible for the applicant to determine when requests for those materials will be made. The same is true of the other materials he stores because there is a wide variety of potential users who are aware those materials are stored by the applicant and occasionally make requests to purchase those materials. A second concern of Mr. Jiricek was the potential construction and operation of a wash facility discussed in the application. As was stated in the original application, at this time the applicant is not sure whether there will be enough money available to the applicant to construct the facility at the same time as the construction of the commercial shop. Regardless of when that construction takes place, the applicant agrees the design of that wash facility will be submitted to Mr. Jiricek for approval prior to a request for a building permit for that facility. Subsequent to the receipt of the comments from the Health Department, the applicant visited briefly with Dick Huwa of RLH Engineering of Windsor, Colorado, who is an environmental engineer. Mr. Huwa was confident that a septic tank could be designed and built which would meet all county regulations regarding disposal of waste water and solids that were generated by the wash facility. It is the applicant's understanding that as long as he agrees to seek prior approval from Mr. Jiricek of the design of the facility and agrees that the facility will not be made available to the general public which would increase the use of that facility, the Health Department will support the application as presently submitted. I would appreciate your transmission of this letter to Mr. Jiricek to confirm that with this additional information the Health Department can support the application at the commission hearing on Tuesday, March 15, 1994. If that is not the case, I would appreciate your notifying me at your earliest convenience so we can explore that matter further prior to the commission hearing. Sincerely, cta Glen Droeg ueller Attorney at Law GD: sjr pc: Dave Droegemueller 940372 LAND-USE APPLICATION SUMMARY SHEET Date: March 8, 1994 CASE NUMBER: AM USR-519 NAME: Droegemueller Farm ADDRESS: 27451 Weld County Road 388, Kersey, CO 80644 REQUEST: Site Specific Development Plan and an amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 1/2 miles northeast of Kersey, west of and adjacent to Weld County Road 55 1/2 and adjacent to Weld County Road 388. SIZE OF PARCEL: 30.83 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Engineering Department 2. West Greeley Soil Conservation District The Department of Planning Services' staff has not received referral responses from: 1. Town of Kersey (its Board meets March 8, 1994 on this case) 2. Platte Valley Fire Protection District 3. Weld County Health Department 4. Office of Emergency Management 5. The Colorado Oil and Gas Conservation Commission The Department of Planning Services' staff has received a petition in support of the applicants amendment to the Use by Special Review from surrounding property owners. 940372 <<� mEmoRAnDum Illik Weld County Planning Commission March 8, 1994 To Date 4 Gloria Dunn, Current Planner COLORADO From Am USR-519, Droegemueller Farm Subject: The Weld County Health Department is requesting that additional information be submitted in order to complete its review of this Use by Special Review proposal. When information has been submitted by the applicant which satisfies the concerns of the Health Department, the Department of Planning Services will prepare a recommendation for consideration by the Planning Commission. 940372 \\ •.I.or •, ° soh,.../c,..1 Gut A S' -. .. V2. I 2 - 27 2.� 30 M E, i° Z' '•\: JO, 3 (7}:,..\ � 3 .jr , .I• 32 . 33 • G J � L J= J. 33 I 1 - : "- I 1 lI n - 1 - l I 33 5 �' .. '/ I ,. c . ] 'O . 3 2 j , c'16; .. > • / o▪ ° I. ¢ r• r . ] .o Ix > 6 ] 1 wL, , a I 1 .I 1 6 tS i. iJ 1p)rJ it ! 6 5 t3 1 •I I' P%[rare ' 2. ! E�_ :.• 23 / 1 23 24 a 20 i� EE m P 3•, �� w.43▪+ ''I I 'r J .\ .• _ °-•`I Snot F• �M . LONG • �' 4 �\ .. 3�. ' '2 7 ,ah z ' z] • %lo • z> .\ ze •° zr xe ` 2,LQ to 2. . 2. �'-� • • • _r: 3 1 1 I .:ct_ ° 13x 2 / 33 .3 3: 35 .I �. •L Jx k▪ " J. •u• •▪ I °. - ';1 1 ' ott• i Mq>n! ` 2 :y.. I .Q. I'.1 . .Jr O.¢s>2Ys . / • 3 • 2• i ! II 5 —I 6. l ey, is .. • '\ ��. i.F• ` -- -- _ _. _- - .1. •i • :. .!•zy � )• o •_! . HOWARD'''. !' I • yDv. \ 3 ! ! ; • • LAiCEI`, a , `�QFe . 2 > p5.2 °t °• < 2'• • �1� . :re ! • • 1C•• 71 IT�1 ° --✓ ea lee •..S a°) . e• es. .. .® —�I3°il zr ln• . .n 'te EE�� MRNES5 ,•1••/ /t. •�V� / ▪ I • i LUCERNE ' ••: . \5.° o' , u. . •e. !'.�\ , . ° °t.J V •° OP ICSEPO? sATYNE • tl' .o. • • a i • a• ! 2. :! Ji •. xo ,> -I E2 .� .5,•• _4 {@{�� r N2.— • v • . . • :42.2..4 . 2.c•t. ! ! .i Gn•N 3L�i 1 ieP�\PG i• •.I� I° ; • / / N2ON PACIFIC i no. �. • °. • GILL __ a 30 \\ 2Sc€LtT :H `` . .c we ••_ i o,Ate%/_!.. _._ __ 2e .. 30 • N. � 1; : 1`7� iT 3. Je • 35 ,i‘7 3I n l', 3. ,• 3 S 3 • . a ]y �' .no can„. .. • - . .� ' - --- I y � i c ei o GREEL Y .7 .• S ,',[1I P. 4 ., •1 iO3,333•3[ Y RD E wRT 40 (;''� 7 n w r • 21' v.•° ♦• NE RSET#I / •[�\ •• • s---"-4••%7mac... ::•Z L • �, 6 • • . . s 3. ▪ ! 7 . • Nort / ' _°If`J • a • • . - ~iFirst �'N. °/l'.��. ..o�'iOC: z• LLE �• -•✓,j °.„I. `l/c; ..-= (•�- .� . . - -- - .. - y._ � .- - tee : .. - -.: rp-�-y :- j.... �.i. I'' _ ; •fir._.__ I/. ! _ • r1 O 4630 4697 j / 0 Y plp\ d4 X 4615 52 '4628 f .° • o• v in 4650_/ I o —4620 & ____ �P ti___,_. 627 ° 4627 AW / 1 4L�3 ° __ — • # e_ 444625 / .46/3 � �- 2 < I111 0 v N I do— P J R li o • r \ I 4603 _ 1„„• ii 4618 I 146/6 P4— C I 600 LV 31 46/9 r �4603 • —• 9B 45 Ga I St O • / H FORK 8 45B/ • ? 4600 OGILVY IC ITCH 1. .�LJI n. 110 a�'�j _ ''- •• OTC 'Ct' ° 594 ' .4590- — b i `gyp. Y �s00 iV �� r a6 3p 'a i. / ICI♦ A II ---\� Iry I� Ip • �VI ' 14 4582 _�_� 16 �� 15 r r;I 0 1 \ !Im ° iii v \ /,C A Gravel P � 1 n I 1 4614 i , 4534 - -. 37 Q I •�• • .1 :. �.�i� • I o ' T czo .� �, 4574 ,x4575 Io • I.r • • �o_ UNION PACIFIC �g -- 22 —� / 17 '— —_ p•21 Village ly�I�r 4606 `CI, r� 45971 _.� 46Q3 - � Aa0'gc _ L_ ) _ . . yg �46p0 •3.... f l't :•',AT ' iii - q".,' a x..i :`taw t ' i • r t... .. c 4 r . i` '�,x x •Ir,..:4,5:7„4- 4 ”......:!.„;•A f� ].S *;:t..1,?........ *' m• a r .L 3 1 if rbr5€ tix .� £ L4 .,•: f. i L . • . .. .5k i:::#3'31:2,--• ties .,«::::.; JFa ...5.?: 2.i » t•r - t.- .s. ' .r.t,.c3,3 'W L'�`...•y f -“ „ i :.,. ° t€ •h L,t i .T •. i a. a • •I u x • x xrw q ~ -:;-.4,-,?1}4:• � 7 t.c., ` 1 • 1 ld .6wu.." t"! }, FLt Y :fr • s '{f 4 • '-5i` Imo. Ik ! s'“ 4 - sf'+"IF .-.9E, 1-4,7“4,1 x x ..Vii `. I I t .. '.. er Y . a u as. 41 A. t• r�ES ' -4 sr li r v ix x'x.. k't s,, rx't'.≥i fl n. \ i •3` �� g + S y`•• 8 41'' r u F ! .. '3,433,:k.%-33•%.3440: $' ! tir EFL Al . ii,� y;d<. 1 /y 0.i .L "iW '4 at F a$ V H' t} if I A £ x ' ! �a i y t•'-':it of ' f it 1,*,, f '4. t ��'y}^'� �- 4. �+ i i. a 12....t - , n�3jtx. s.I, ik 4,t, Y t 9TH. L y€i ... �4 t ".•✓i. ...,T,,:'..:: y ,y II O R ti` . Metti" 1 a r t ..\.. Y#• ,C. bpi y a ' . .. \?.. 4,1•.,,-.,:z^,;••:,, ,..: - - • , •c ° ¢.44 • � af. 'd' ^ ...+ Y i, i • ( • .. ice' Ff r 4% ,It ig. aaa xl► � ICI .. x .} • ' '".. y. z.., Z &: 1 rji• -‘111. ."- 4,. 41 4.4 III {11�k fF,Y+'+. ' '�•r 3' ¢ .r3,.t#•?' `k- .�' .y1•'�"W�'3 i ..2! - 4: -41* it '8,. 'Tali. ..8. i .„I ..; .ter _ •�' �`,_ ,rt (1 A,i E, ii-` l �F{} RO t n`L. �J .,tiAt` J K `x. _ t* yam, `. ' .,,'�`t— :i4, y: ins.. un•'s'[" ; '• •r•R rc *** 4... �7`f L^.Y d 14�^,w*qy'! i i... x.'v,' .i...w. •a. 4.4 s.. a t. t--. .E. tr. .- . . ."L/r' :u.s.I FIELD CHECK FILING NUMBER: AM USR-519 DATE OF INSPECTION: March 3, 1994 APPLICANT'S NAME: Droegemueller Farm REQUEST: Site Specific Development Plan and an Amended Special Use permit for agricultural service establishment (construction business) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 1/2 miles northeast of Kersey, west of and adjacent to Weld County Road 55 1/2 and adjacent to Weld County Road 388. LAND USE: N Ogilvie Ditch, oil and gas facilities, agricultural production E Weld County Road 55 1/2, Agricultural production, oil and gas facilities S Low lying land, rural residence, South Platte River W Agricultural production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Accesses to the site are from Weld County Roads 388 and 55 1/2, both graveled surfaced local county roads. Two accesses from Weld County Road 388: one to area on north and one to south (storage area) . Stored items include concrete chunks, metal, vehicles and machinery, pipes and other miscellaneous. The northern portion of the site is used for grazing and agricultural production. Gloria Dunn CurrOnt Planner 940372 REFERRAL LIST NAME: Droegemueller Farm CASE NUMBER: AM USR-519 REFERRALS SENT: February 14, 1994 REFERRALS TO BE RECEIVED BY: March 1, 1994 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton Extension Service _Broomfield —R Emergency Management Office _Dacono _Sheriff's Office _Eaton X Engineering _Erie _Housing Authority _Evans Airport Authority _Firestone X Building Inspection _Fort Lupton _Frederick STATE _Garden City Division of Water Resources Gilcrest _Geological Survey -XGreeley error Department of Health _Grover _Department of Transportation _Hudson _Historical Society Johnstown Water Conservation Board Keenesburg X Oil and Gas Conservation Commission X Kersey La Salle FIRE DISTRICTS _Lochbuie _Ault F-1 _Longmont Berthoud F-2 _Mead Briggsdale F-24 _Milliken Brighton F-3 New Raymer Eaton F-4 _Northglenn Fort Lupton F-5 _Nunn Galeton F-6 Pierce Hudson F-7 _Platteville Johnstown F-8 Severance La Salle F-9 Thornton _Mountain View F-10 _Windsor _Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 _Adams X 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 Wiggins F-18 _Federal Aviation Administration Western Hills F-20 _Federal Communication Commission 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 Bill O'Hare 940372 • f Ittc( 41.414r DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAO AVENUE COLORADO 80631 COLORADO February 14, 1994 CASE NUMBER: AM USR-519 TO WHOM IT MAY CONCERN: Enclosed is an application from Droegemueller Farm for a Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 1/2 miles northeast of Kersey, west of and adjacent to Weld County Road 55 1/2 and adjacent to Weld County Road 388. 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 March 1, 1994, 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: 94.0272 41 ' � mEmoRAnDum Gloria Dunn March 4, 1994 To 0 Weld County Planning Date IA COLORADO Trevor Jiricek, Supervisor, From Environmental Protection Division Subject: Case Number: AM USR-519 Nam° nrn°g°m„°1ler Fan Environmental Protection Services has reviewed this proposal. The Division has found the information provided by the applicant to be insufficient in a couple areas. It appears that the applicant is requesting three (3) different uses. Because each use has a unique set of considerations, each use is addressed separately below: USE lll, Shop Maintenance Building The information submitted in regard to this facility is adequate. USE #2, Stockpiling of Construction Materials Depending upon some the specifics of the operation, the stockpiling of construction materials, etc. may require the facility to make application for a Certificate of Designation. At a minimum, the facility would have to comply with the proposed Recycling Regulations which will be effective late this year. The facility must submit a detailed design and operations plan describing all activities which take place at this facility. At a minimum, the materials submitted should be similar to the information requested in sections 8.4.1, 8.4.2, and 8.4.3 of the proposed Recycling Regulations (attached) . USE #3, Wash Facility The current operation of the wash facility is likely not in compliance with all applicable rules and regulations, i.e. the current disposal of waste water. The proposal for the indoor wash facility is inadequate. The facility must submit a detailed design and operations plan describing the construction of facility and method of disposal of waste water and any solids generated therein. The Division cannot complete its review until the above mentioned concerns are addressed. TJ/202 7' a7 MAR 0 1494 �� J IvpId rapt Ptasaaing 940372 ' MEMORAnDU Gloria Dunn To Planning Dee February 28, 1994 COLORADO From Donald Carroll p'v subject: Droegemueller Farm USR - 519 (Amended) I reviewed the application and the attached map and have the following comments: The existing access is onto WCR 55.5 just north of WCR 388, approximately 350' . The applicant is not showing any access south of WCR 388 to the off-site storage area. Is there more than one access? If so, the access or accesses should be placed on the mylar prior to recording. Also, I would like the applicant to show on the mylar the off-street parking for the employees. The storm-water detention area is in place and seems to be adequate. cc: Commissioner Kirkmeyer File USR - 519 (AM) MAR 94 •,Ipl0 cosrnha Elanning 940372 MRR 3 ' 94 13: 01 FROM USDA PAGE . 001 fl(CliNs.\\I". 14°6 PARTMENT OF PLANNING SERVICE$ PHONE(303)3533845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES �� MAR 0 3 1994 1400 N.17TH AVENUE 111pe _ GREELEY,COLORADO 80,631 cvnk4 Pr -ty Planning COLORADO CASE NUMBER: AM USR-519 February 14, 1994 TO WHOM IT MAY CONCERN: Enclosed is an application from Droegemueller Farm for a Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) tone district. The parcel of. , land Co described Colorado.art 1Thef the SW4 of locat n of thetion 10,parcel of5Nand6foof hich 6th h P.M. , ad uns approximately 1 1/2 miles northeast of this Application, has been submitted is app Y Kersey, west of and adjacent to Weld County Road 55 1/2 and adjacent to Weld County Road 388. This application is submitted to you for review and recommendation. Any omments or recommendation you consider relevant to this request would be app Your prompt reply will help to facilitate the processing of the application and nd will 4,ensure prompt consideration tfullof your consideration to your recommendation.ndation. Please reply by Please 1, l99G, so that we may give about the call Gloria Dunn, Current Planner, 1£ you have any questions application. Check the appropriate boxes below and return to our address listed above.d ind that it 1, Wedo have rs t) complthis yuest our following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of out..town for the following reasons: 3, fr We have reviewed the request and f i no F. Oconflicts with our tares,rts. a a1`av+t�l. bt R AB A. Nom, , 4, a formal recommendation, ia under consideration and will be submitted to you prior to: 5, Please refer to the enclosed letter_ .� Signed' •dj1F+ _ Agency: , y se Date: OPTIONAL FORM 99(14W) FAX TRANSMITTAL .p pages► To From SC.9 (51 0 r,wY u+µ— NOUN* •e P ",°"� an -a, So b "' Sri— N3�.4 Ofr� Fax* O-0ta � 11-vsa 5099-101 OtNkLSERVM.ES-AOMINISTPructl . . ... 940372 4 ,\\. : DEPARTMENT OF PLANNING SERVICES IDPHONE(303)353-3845, EXT. 3540 WI WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA O8NUE COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, March 15, 1994, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and an Amended Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Droegemueller Farm LEGAL DESCRIPTION: Part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: Agricultural Establishment (construction business) in the A (Agricultural) zone district. LOCATION: Approximately 1 1/2 miles northeast of Kersey, west of and adjacent to Weld County Road 55 1/2 and adjacent to Weld County Road 388. SIZE: 30.83 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 March 15, 1994. 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 o e (1) time b February 17, 1994 6 Received by: , Date: 1-// y ti 9410372 Millar* ' The WS pjjinlng C mmi eA*M a pub!,NOY en Tuesday,MIMI Sr U•at po p.m.* f AFFIDAVIT OF PUBUCATION es purpose ing lie oanai flc Development a SI Spann° STATE OF COLORADO Phu and an Amortise Special Review pemdti SS lot the property COUNTY OF WELD described below. Approval of the regnet. may create a vested I, ROGER A. LIPKER, of said County of Weld, being duly pursuant to Colorado L v sworn,say that I am publisher of APPLICANT : WINDSOR BEACON Dmegemueller Farm- LEGAL DESCRIPTIOtt a weekly newspaper having a general circulation in said Part of the SW4 of Section 10,T5N,Reeve County and State, published in the town of WINDSOR, in of the 6th P.M.,Weld said County and State; and that the notice, of which the County,Colorado annexed is a true copy, has been published in said weekly TYPE AND INIENWV for / successive weeks, that the notice was OF PROPOSED USE:A g r i c u l t u r a l published in the regular and entire issue of every number of E a t a b i l: h m e n t the paper during the period and time of publication, and in (amtrucnon business) the newspaper proper and not in a supplement, and that to the A (Agricultural)zone districtthe first publication of said notice was in said paper bearing the date of the 1 1/2 '7 � a.A.1 , A.D., 19er and the Approximately1LOCATION : �/—� day of mites northeast of last publication bearing the dale of the Kemeano Weld C t end Sant t _day of A.D., 19_ and that 55 1/2 end the said WINDSOR BEACON has been published Eau to Weld cam continuously and uninterruptedly for the period of 5 sea. consecutive weeks, in said County and State, prior to the EWE 30.83 acres,mom date of first publication of said notice, and the same is a "Is newspaper within the meaning of an Act to regulate printing The public hearing vol of legal notices and advertisements, approved May 18, H held In the VMSOwn CommIsalottere 1931, and all prior acts so far as in force.Hewing Flosm. Flat Fleet, Weld Cocaw lliToe (britr- , nld:Crrmer,TM ISHER ♦elMIll llwtR.w Subscribed n and sworn to before a this day of k A n.u...cw. 19 t m Ospweners of c y Sentees,was + t t'" Avenue, Greeley, jail l t /y�'71404 "e Ono intl. . NOTARY PUBLIC below the above deer wonted at mepaMfe 9- t 7- /996' hearing on March 15. My commission expires � Is. epl Copies of on are available spectiort in thewDepartmentt of Planning Services,14W 1 N. 17th Avenue, Greeley, Colored°' 10531 - Phone - S.-I $145,Extension 3540- j judo Yamaguchi, li �� }\ _ Ctudtperson, Weld County . Planate° ^, I on mai Cnssion k 2 i 7 FEB 1Fa1llief1T -g!! r,.ta n...,r•.r)f3flfliflQ 940372 (it heThs\\) DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 VI D WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO DATE: February 14, 1994 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: AM USR-519 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, March 15, 1994, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Droegemueller Farm FOR: A Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 1/2 miles northeast of Kersey, west of and adjacent to Weld County Road 55 1/2 and adjacent to Weld County Road 388. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Gloria Dunn, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 940372 • 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 AM USR-519 for Droegemueller Farm in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 15th day of February, 1994. 940372 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Droegemueller Farm located in the Southwest Quarter of Section 10, Township 5 North, Range 64 West of the 6th P.M. 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 7 day jbvom�y 19`)`1 by Att.) ,IJroQCMn.rAellet WITNESS my hand and official seal. MY Commission expires:i21iShb (-7 . loci w,ui.aO Nota Pub=ic My Commission Expires: 940372 NAMES OF OWNERS OF PROPERTY, WITHIN 500 FEET Please print or type • NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION // Arthur and Judith T. Peterson 27602 WCR 388, Kersey, CO 80644 096310000075 Colorado Commodity Traders, Inc. 1826 1st Avenue, Greeley, CO 80631 096310000029 0;188888B Harold Wacker 27125 WCR 58zf Greeley, CO 80631 Joseph L. and Cynthia A. Koss 27205 WCR 388, Kersey, CO 80644 096310000071 840372 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property Droegemueller Farm located in the Southwest Quarter of Section 10, Township 5 North, Range 64 West of the 6th P.M. 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. ,2641,,A9 6`24-A-Att. The foregoing instrument was subscribed and sworn to before me this r day of ( , 1991 . WITNESS my hand and official seal. My Commission Expires: l2119 Nota&n i� k�Chc ^�hco, y Public 940372 NAMES OF INTEREST OWNERS OF MINERALS AND/OR SUBSURFACE ESTATE William Droegemueller Glen Droegemueller 908 Woodbine Drive 822 Seventh Street, Suite 330 Chapel Hill, NC 27514 Greeley, CO 80631 Edward J. Brandreth, Jr. Harold Wacker 438 Capstan Court 27125 Weld County Road 581 Arnold, MD 21012-1153 Greeley, CO 80631 American Petroleum Passive Sovereign Oil Company Income Fund LTD II c/o John Brook, Jr. 410 17th Street, Suite 2001 Bankruptcy Trustee Denver, CO 80202 3214 9th Street North St. Petersburg, FL 33074 Terry D. and Joanne D. Meyer Thomas W. Niebrugge 1251 Tall Pine Circle 11294 East Berry Drive Gulf Breeze, FL 32561 Englewood, CO 80111 C.E.C. of Colorado, Inc. Frederick Upham ATTN: Henry B. Clark P.O. Box 774987 12224 East Amherst Circle Steamboat Springs, CO Denver, CO 80014 George G. Vaught, Jr. Gerrity Oil & Gas Corporation P.O. Box 13557 4100 E. Mississippi, Suite 1200 Denver, CO 80201 Denver, CO 80222 McCulliss Resources Company, Inc. David Droegemueller 621 17th Street, Suite 2155 27451 Weld County Road 388 Denver, CO 80293 Kersey, CO 80644 9032 tti rt DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N.17TH AVENUE live GREELEY, COLORADO 80631 COLORADO February 14, 1994 Droegemueller Farm 27451 Weld County Road 388 Kersey, CO 80644 Subject: AM USR-519 - Request for a Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) zone district on a parcel of land described as part of the SW4 of Section 10, T5N, R64W of the 6th P.M. , Weld County, Colorado. Dear Sirs: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for March 15, 1994, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Kersey and Greeley Planning Commissions for their review and comments. Please call Marlene Hookom (Kersey) at 353-1681 and City of Greeley at 350-9780 for further details regarding the dates, times, and places of these meetings. It is recommended that you and/or a representative be in attendance at the Kersey and Greeley Planning Commission Meetings to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to February 28, 1994, you or a representative should call me to obtain a sign to be posted on the site no later than March 4, 1994. The sign shall be posted adjacent to and visible from a public ly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 940 372 Droegemueller F AM USR-519 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, i Glo 'a Dunn urrent Planner (1% .,0372 • .4%; pg-07.Rs DEPARTMENTOFPLANNINGSERVICES' PHONE (303)353-3845, EXT. 354EIIIELDCOUNTYDMIFICES JI� MAR 1 4 140E N. 17TH AVENUE O 'j ° GREELEY, COLORADO 80631 ""h" ,',fanning COLORADO February 14, 1994 CASE NUMBER: AM USR-519 TO WHOM IT MAY CONCERN: Enclosed is an application from Droegemueller Farm for a Site Specific Development Plan and an Amended Special Review permit for an agricultural service establishment (construction business) in the A (Agricultural) zone district. The parcel of land is described as part of the SW4 of Section 1O, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 1/2 miles northeast of Kersey, west of and adjacent to Weld County Road 55 1/2 and adjacent to Weld County Road 388. 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 Marth AS}Ce }, l-9-94 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:/ 4t U O 1.9 Date: .3 /k't 910372 STATEMENT OF SUPPORT FOR AMENDMENT TO U.S.R. 519-82:34 DROEGEMUELLER FARM We, the undersigned, are adjoining landowners to the Droegemueller Farm and are aware of Mr. Droegemueller's desire to rebuild a shop facility on that farm. We represent to the Planning Commission of Weld County and the Weld County Commissioners that we have discussed Mr. Droegemueller's application for Amendment to U.S.R. 519-82 : 34 with him, and we wish to express our support in favor of the activities he proposes in that application. We urge the Planning Commission and the Commissioners to approve the application as submitted. ARTHUR PETERSON JO ITH T. PETERSON COLORADO COMMODITY TRADERS, INC. G. L:./ c , .— HAROLD WA KER By: J SEPt` ` KOSS CYNTHIA A. KOSS 840372 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone - 353-3845 - Ext. 3540 Case Number V {( ' ' I ) Date Received IU 1 Application Checked Bw, ( Mylar Plat Submitted Application Fee ICT:CO Receipt Number IPtC)C1 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 and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: AL LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: A Section 10 T 5 N, R 64 W LEGAL DESCRIPTION of contiguous property owned which Special Review Permit is proposed: Section 10 T 5 N, R 64 W Property Address (if available) 27451 WCR 388, Kersey, CO 80644 PRESENT ZONE Use by Special Review OVERLAY ZONES TOTAL ACREAGE 30.83 1.1 PROPOSED LAND USE Use by Special Review �I 0 9 1994 EXISTING LAND USE Use by Special Review FEBEB &L..% rnInty Planning SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT; Name: David & Mary Ruth Droegemueller and David Droegemueller. Trustee Address: 27451 WCR 388 City: Kersey, CO Zip:80644 Home Telephone: (303) 353-3917 Business Telephone: (303) 352-7086 Name: Address: City: Zip: Home Telephone: Business Telephone: APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Glen Droegemueller Address: 822 7th Street, Suite 330 City: Greeley, CO Zip: 80631 Home Telephone: Unlisted Business Telephone: (303) 353-9599 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Too numerous to include--see affidavit submitted with application Address: City: Zip: Name: Address: City: Zip: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. 72/ GJ/4��GO/////LLl1Ll COUNTY OF Weld ) n^ STAf OF LORADO /1 to2- rh�� \`YSignnature: weer or Authorifz{ed Agent AfQUC Subscribed and sworn to before me this day ofJ 19 cf_} \at" 07r. 110, NOTARY PUBLIC My commission expires 10‘41Sic 940372 INTEREST OWNERS OF SURFACE ESTATE David & Mary Ruth Droegemueller 27451 WCR 388 Kersey, CO 80644 David Droegemueller Trustee of the Droegemueller Trust 27451 WCR 388 Kersey, CO 80644 94©;'R2 U.S. Department. of Aori--ft.uree - - Page - i. Soil Conservation Se, 12/A/974 NON'TECHNI:CAI_. SOILS DESCRIPTION REPOFt1' FOR DESCRIPTION CATEGORY -• S O Survey Area- WELT) COUNTY, SOUTHERN PART , COLORADO Ma p Symbol Description R:. ALTVAN LOAM, 1 TO 3 PERCENT SLOPES The Al.tvar, •soi.l is a deep , well drained soil. Et. 'I.'4 formed on terraces P'rram alluvial. material . The surface is a loan. The subsoil is clay loam. The underlying material. is a calcareous loamy sand. The soils have moderate permeability. i:it.y.. Their available water holding capacity is moderate. Roots penetrate to 20 to 40 inches. Runoff is slow and the erosion hazard due to wind is model' ate., 1.0 TANKARD SANDY LOAM, 0 T'0 3 PERCENT' S1...UPE:S T'hc- }3ankard soil is a deep) , somei!what excessively clr.a:1rnecl •so'L'I ,. Ti' is formed on flc,odp:tai.nss from stratified recen't. alluvium. The surface :is, a sandy loan. The uncle7r l y'i nn material :Ls a calcareous sand stratified with Ih:LTI lenses of sar'fciy loam, :Loam, and fine gravel. The 'sn'l i t; 4 have moderately rapid permeability. Then available water holding capacity . is low. Roots penetrate to AO inches or more. Runoff is slow and the eroi!rk :)r'n hazard due to wiT',d is severe. 20 COLOMBO CLAY LOAM, 1. TO : PERCENT SLOPES 'I Lie Colombo ss'oi:L is a deep, we:I :t drained soil . it. is formed on flood plains from stratified calcareous alluvial. material . The surface :is a clay loam. The I.tnder'Lyi.nn material is stratified r.::lay :loam and .loan with titan lenses of fine and medium sand. The soils have moderate permeability. Their ava:i.lal:lle water hoi.'l:inn capacity is high . Roots penetrate to 60 inches s or ' more. Runoff is slow and the ero=sion hazard due to wind is moderate., R:.R.^" DACI:IN0 CLAY LOAM, 7. n : 3 PIERCENr SLOPES fife Paacorfa:) soil is a deep , well drained soil .. It is fo)i'r'u7t:I on t ''rrar`c.c; from mixed alluvial material. The surface is a clay loan, as is the subsoil . The underlying rfat.er :ia:l is A very gravelly sarfcl. TT're soils halve moderately stow permeability. Their available water holding a::ap.ar.::i.tv is moderate. Nc:)rats: penetrate to 20 to 40 inches. Runoff is slow and the erosion hazard is moderate. 26 HAVERSON LOAM, 1 TO 3 PERCENT SLOPES The iiaverssun soil. is a deep , well drained soil . It is formed on 'Low terraces and flood plains from stratified calcareous alluvial material . The surface :i.s a loan. The underlying mater'i.al. is a loam stratified with Mtn • lenses of :loamy sand and clay loam.. The soils h.avre 940372 Soil:. Conservation S:≥erv° " 12/A/73 NOONTE::CHNICCAL. Si;f:lll..;:; DESCRIPTION REPORT FOR DESCRIPTION CATEGORY - soi Survey Area- WELD COUNTY, SOUTHERN PART., COLORADO Mar) Symbol Description moderate permeability. itiei.r ava:i.lab:le water holding capacity is high. Roots penetrate it' 60 :1tiches or more. Runoff is slow and the erosion hazard clue to wind is high . .:31 K:1:ii LOAM, 0 TO 1 PERCENT SLICES This iii a deep well drained soil on smooth p:laairm and alluvial fans.. It formed in mixed w:Lrid deposits and parent :srcacl1.ment. Typically the surface layer is brown and f)a'te brown loam about 12 :in,. thick. Permeability is moderate. Available water holding capacity i<.:. high.. The effective rooting depth is 60 in. The hazard of water Cer'ostc)r'r is low, while that due to wind is high. • ;32 K:cii LOAM, 1 TO ;3 PERCENT SI._OFES:≥ This :i.s a deep well drained soil or, smooth plains and alluvial fan- :It formed in mixed wind deposits and parent sediment . Typically the ssl.lrfac:r•. :layer is brows', and ;)e1Lc-! brown :Lc:)am al:)cut. 12 in. thick. Permeability is moderate. Available water holding capacity :is high. 'll')c• effec:tiee rooting depth is 60 :iruK The hazard of water erosion is :Low, while that clue to wind is high.. 42 NUNN CLAY LOAM, 1 •IO 3 PERCENT SLOPES The Nunn soil is a deep, well drained sail . It is tcini'red on terraces and smooth plains in mixed ecilian and alluvial deposits. The surface is a clay loam. The underlying Ii-&ici)r:lal is clay loam and sandy loam.:. The soils have moderately slow permeability. Their available water holding capacity is high. Roots penetrate to 60 inches or more. Runoff :Ls slow and the erosion hazard ':haft) 'I'n wind is low.. `':i1 OTERO SANDY LOAM, 1 1O 3 PERCENT SLOPES The Otero sso:1.l is a deep , well drained soil. It :is formed on smooth plains in mixed outwash deposits. The :surface is a sandy :loan. The t.tr'nie'r'l.y:i.rlc) i ,a'terial, is -a calcareous fine sandy loam.. The soils have rapid permeability. Their available water holding capacity is r,c,dera'te. Roots penetrate to 60 inches or more. Runoff is slow and the erosion hazard due to wind is severe. 6f:1 U r:LC 'l ORR:LONTHENT'S, MODERATELY STEEP EE' The l.)svt.:i.t:. • Torrio, then'ts <.sc:)i.l. is a deep, excessively dra:i )ie"d v.,'ai 'I _ 1t is formed on terrace breaks and escarpments :i.n gravelly alluvium. The surface is a gravelly :iiarlr.l, Ant 940372 Sail Conservation Serv" _.r- - 1t`/fa/9-; 1'4(:It:T I::.(::I-114IC AI. SE;o:Lf..5i DESCRIPTION REPORT FOR DESCRIPTION CATEGORY -- SOT Survey Area- WELD COUNTY, SOU T TERN PART, COLORADO Map Symbol of Description is the underlying mat.er :la:L0 The moils have rapid permeability. Their available water holding capacity is low. Roots penetrate to 60 inches or more. Runoff is medium and the erosion hazard duo to wind is moderate. 9400372 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Droegemueller Farm located in the Southwest Quarter of Section 10, Township 5 North, Range 64 West of the 6th P.M. 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. (-SILAS The foregoing instrument was subscribed and sworn to before me this (.�742 day ck,voa.i , 19`t'( , by Ahn .1/rocneinkkellrt WITNESS my hand and official seal. MY Commission expires:11h`111, AA0 k hnuiAe Notar kj Public �p My Commission Expires: 910 72 NAMES OF OWNERS OF PROPERTY. WITHIN 500 FEET Please print or type • NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION / Arthur and Judith T. Peterson 27602 WCR 388, Kersey, CO 80644 096310000075 Colorado Commodity Traders, Inc. 1826 1st Avenue, Greeley, CO 80631 096310000029 096310000030 Harold Wacker 27125 WCR 584, Greeley, CO 80631 096310000033 Joseph L. and Cynthia A. Koss 27205 WCR 388, Kersey, CO 80644 096310000071 • 3'.072 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property Droegemueller Farm located in the Southwest Quarter of Section 10, Township 5 North, Range 64 West of the 6th P.M. STATE OF COLORADO ) • ) ss COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder' s Office or from an ownership update from a title or abstract company or an attorney. 11-1\crL. The foregoing instrument was subscribed and sworn to before me this 7a: day of ( 4coocul 1991 . WITNESS my hand and official seal. My Commission Expires: 1211tr NotaSy Pu' 1ic NAMES OF INTEREST OWNERS OF MINERALS AND/OR SUBSURFACE ESTATE William Droegemueller Glen Droegemueller 908 Woodbine Drive 822 Seventh Street, Suite 330 Chapel Hill, NC 27514 Greeley, CO 80631 Edward J. Brandreth, Jr. Harold Wacker 438 Capstan Court 27125 Weld County Road 581 Arnold, MD 21012-1153 Greeley, CO 80631 American Petroleum Passive Sovereign Oil Company Income Fund LTD II c/o John Brook, Jr. 410 17th Street, Suite 2001 Bankruptcy Trustee Denver, CO 80202 3214 9th Street North St. Petersburg, FL 33074 Terry D. and Joanne D. Meyer Thomas W. Niebrugge 1251 Tall Pine Circle 11294 East Berry Drive Gulf Breeze, FL 32561 Englewood, CO 80111 C.E.C. of Colorado, Inc. Frederick Upham ATTN: Henry B. Clark P.O. Box 774987 12224 East Amherst Circle Steamboat Springs, CO Denver, CO 80014 George G. Vaught, Jr. Gerrity Oil & Gas Corporation P.O. Box 13557 4100 E. Mississippi, Suite 1200 Denver, CO 80201 Denver, CO 80222 McCulliss Resources Company, Inc. David Droegemueller 621 17th Street, Suite 2155 27451 Weld County Road 388 Denver, CO 80293 Kersey, CO 80644 9i0372 Hello