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Home My WebLink About920297.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR EXPANSION OF A NONCONFORMING USE (EXCAVATION AND PIPELINE CONSTRUCTION SERVICE) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOE KUTCHER AND COMPANY 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 1st day of April, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Joe Kutcher and Company, P. 0. Box 29, Gill, Colorado 80624, for a Site Specific Development Plan and Special Review Permit for expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lots 1-6, Block 24, Gill, Colorado WHEREAS, said applicant was represented by Joe Kutcher, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. Surrounding property owners are in complete support of this proposal. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for expansion of a nonconforming use (excavation and pipeline construction service) 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. PL0853 2 920297 P�0gs3 P� r�PP H& /r1l H� SPECIAL REVIEW PERMIT - JOE KUTCHER AND COMPANY PAGE 2 2. The Special Review activity shall not occur on these lots nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval by the Board of County Commissioners, a screening plan shall be submitted to and approved by the Department of Planning Services. The plan shall adequately screen all outside storage areas from adjacent properties and rights-of-way. The approved screening shall be constructed within 120 days of approval by the Board of County Commissioners. The screening plan shall be shown on the Special Review Permit plat. 4. The applicants shall submit an estimate of costs for the approved screening. The estimated amount shall be reviewed and approved by the Board of County Commissioners. Prior to recording the Special Review Permit plat, sufficient performance guarantees to ensure installation and completion of the screening shall be provided to the Board of County Commissioners for the approved amount as allowed by Section 24.4.3 of the Weld County Zoning Ordinance. The performance guarantee shall be in a form acceptable to the Board of County Commissioners. The guarantee shall be returned to the applicants or released after the improvements have been satisfactorily completed. If the improvements have not been completed within 120 days of the date of approval of the Special Review Permit by the Board of County Commissioners, the County shall take corrective action to ensure compliance with the approved plan and the guarantee shall be forfeited. 5. Prior to the issuance of building permits: a. A septic permit shall be obtained from the Weld County Health Department. A bathroom with adequate toilet facilities served by an individual sewage disposal system shall be installed in the facility according to the Weld County Individual Sewage Disposal System Regulations. The septic system shall be designed by a Colorado Registered Professional Engineer. The septic system shall be fenced to protect it from traffic. b. A road improvements agreement for the haul route on Third Avenue and Fifth Street shall be submitted to the Weld County Engineering Department for review. The road improvements agreement shall be reviewed and approved by the Board of County Commissioners. c. A dust abatement plan shall be submitted to and approved by the Weld County Health Department. The facility shall have sufficient equipment available to implement the dust control plan as required by the Health Department. 920297 SPECIAL REVIEW PERMIT - JOE KUTCHER AND COMPANY PAGE 3 d. Any required Air Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of April, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: ��2‘,144, WELD COUNTY, COLORADO Weld County Clerk to the Board 0 ��, K George Kenn y, Chairman 0)14 BY: �r�Yl(QQ�/u EXCUSED DATE OF SIGNING - (AYE) fill Deputy Clitrk to the Board Constance L. Harbert, Pro-Tem APPROVED AS 0 FORM: je//'/-C,/ C. W. Kirby EXCUSED DATE OF SIGING - (AYE) County Attorney Gordon E. Lacy Wta W. H. Webster 920297 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JOE KUTCHER AND COMPANY USA-965 1. The Special Review Permit is for an expansion of a nonconforming use (excavation and pipeline construction service) in the unincorporated community of Gill and in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The Special Review Permit shall not be transferable to any successor in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for the operation of the facility. 4. Heavy equipment access shall be limited to Third Avenue and Fifth Street. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. The maximum permissible noise level shall not exceed the residential limit of 55 dB(A) , as measured according to 25-12-102, C.R.S. 10. The property shall be maintained in compliance with the approved dust abatement plan. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. 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. 920297 DEVELOPMENT STANDARDS - JOE KUTCHER AND COMPANY PAGE 2 15. 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. 16. 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. 920297 HEARING CERTIFICATION DOCKET NO. 92-16 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR EXPANSION OF A NONCONFORMING USE (EXCAVATION AND PIPELINE CONSTRUCTION SERVICE) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOE KUTCHER AND COMPANY A public hearing was conducted on April 1, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson Health Department representative, Judy Schmidt The following business was transacted: I hereby certify that pursuant to a notice dated March 9, 1992, and duly published March 19, 1992, in The New News, a public hearing was conducted to consider the request of Joe Kutcher and Company for a Site Specific Development Plan and Special Review Permit for expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, recommended the Resolution of the Planning Commission and the Planning staff's recommendation be entered into the record as written. Ms. Swanson clarified for Commissioner Lacy that equipment will be stored on the new site and noted that staff recommended denial. Joe Kutcher represented the applicant and stated there has been no change since the Planning Commission hearing; however, he would like clarification as to what type of screening is required. Mr. Kutcher, in response to a question from Chairman Kennedy, said he would be agreeable to installing the required septic system. Ms. Swanson said staff recommends screening, not fencing. She said the screening needs to be of acceptable material, and all of the area needs to be screened. Commissioner Lacy referred to Condition of Approval #3 which states staff will approve a screening plan to be submitted within 30 days. Mr. Morrison suggested the Board give staff direction as to what is acceptable for said plan. After further discussion, Ms. Swanson stated Development Standard #9 should state the residential limit of 55 dB(A), not 60 dB(A) . Judy Schmidt, Health Department representative, in response to a question from Commissioner Kirby, said the testing is done 25 feet off the property line. There was no public testimony offered concerning this matter. Commissioner Lacy moved to approve the request of Joe Kutcher and Company for a Site Specific Development Plan and Special Review Permit for expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) Zone District, based on the recommendation of the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Kirby, and it carried unanimously. 920297 PLO x'53 L RE: HEARING CERTIFICATION - JOE KUTCHER AND COMPANY PAGE 2 This Certification was approved on the 6th day of April, 1992. � ,�///�/ //�� APPROVED: ATTEST: ��" ff�Oi,f'LJa BOARD OF COUNTY COMMISSIONERS ` �`'`�`� D�r'WW s2 WELD COUNTY, COLORADO Weld County Clerk to the Board By: Oik4e 4- ILAJ e e Kenned , Ch irman Deputy Citric to the Board EXCUSED DATE OF APPROVAL Constance L. Harbert, Pro-Tem TAPE #92-13 C. W. Kirby DOCKET #92-16 EXCUSED DATE OF APPROVAL Gordon E. Lacy n PL0853 W. H. Webster 920297 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 1st DAY OF April 1992: DOCKET II 92-14 - Change of Zone, Richardson and Darrah DOCKET It 92-16 - Special Review Permit, Joe Kutcher and Company DOCKET # DOCKET # PLEASE write or print your name legibly, your address and the DOCKET N (as listed above) or the name of the applicant of the hearing you are attending. NAME y:J"" DD SS HEARING ATTENDING r4 CD�OaiL4» 1 73n 1 )d1 ,7 ,,,i/Y) 3<fc�,44720,, 1/i WtaY/( / � ri,k'tii .i /7 cY`j—(> t wL)/(.e ` �!/ 4 a KGL 1Ild v 3 1 1 c2. 6 G t`,f j 'D L6+ = ‘A-e (A /Q fL7 / / Cy t• 'Z Q �c ti E 4,C S �/% , w-?leAtzti `1 ,)C�tivvu I s �� o...Aft, a. m. �„ � . NOTICE The Board of County Commissioners of Weld County, Colorado, on April 1, 1992, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Joe Kutcher and Company ' P.O. Box 29 Gill, Colorado 80624 LEGAL DESCRIPTION: Lots 1-6, Block 24, Gill, Colorado TYPE AND INTENSITY OF APPROVED USE: Lots 1-6, Block 24, Gill, Colorado SIZE OF PARCEL: 1.423 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 CLARK TO ''THE BOARD BY: 1 nn Deputy Cl rk to the Board PUBLISHED: April 9, 1992, in The New News WELD C0 11 • STATE OF COLORADO • • I COUNTY OF WELD jc.s, 'Z APR 30 Ali 9: 31 David B. Reynolds, being duly sworn, CLERK says that he is publisher of TO THE BOARD The New News, a weekly newspaper published in K burg d County and State; that said newspaper has a general • lotion in said County and has been continously and uninterruptedly - published therein, During a period of at least 'fifty—two Consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the weaning of the act of the 6 1 Assembly of the State of Colorado,, entitled "An Act to regulate the printing of legalmmm notices and advertisements, " and eiadca.acaa"r, .asa amendments thereto; that the notice �°' a, 1' 199'4. cacti "xY approved a Sita zi of which the annexed "'Q�p�w�cy{`�°"� • is a printed deaMYbxl`ab b.. CarGNue copy taken from said newspaper, was . awwal a thin plan n bb a v,.s i published to g6�tpuswaw i�! in said newspaper, and in PucA „a L y ce the regular and entire issue of Watt P.G. Box .9,KGig CaanJo every number thereof , LEGAL DESCRIPTION: Lots 1-6, Iiluic 2? ili,Dca tST TYPE AN IRTERSITY' OF Once a week for APPROVED lSE: Ids lE, Block 29, OF lilt ' Colorado successive weeks; that said notice a PARCEL: 1.427 aavr, I,uv Wits so published in Rube to abide by the faun ad said newspaper vdmae d appwd till result in a aer proper and not in any supplement rarabaeaun , ,� thereof , and that the first COMMONERSWELD COUNTY COLORADO BY:LORAL)b.wA1:DEn aforesaid, was on the �$ �� publication of said notice as Opt) ocuctot the Board PUBIMILD Mat 9, >8R Yt 7h Nes NOW. day of j' l?_ 4 _ _. 19 and the last on the J._ day of 7.1.19 F Subscribed and sworn to before me this ,day ot • //////L�UU,/2A, k 1 9z023- My Commission Expires March 15, 1996 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 92-16 APPLICANT Joe Kutcher and Company P. 0. Box 29 Gill, Colorado 80624 DATE: April 1, 1992 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Lots 1-6, Block 24, Gill, Colorado LOCATION: 31252 5th Street, Gill, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Betty Henson Deputy Clerk to the Board DATED: March 9, 1992 PUBLISHED: March 19, 1992 in The New News 92029-1 F001 I O /1 D • WELD COUNTY • • CO =RS STATE OF COLORADO • ls.s. $992 WAR 26 API 9: 22 • COUNTY OF WELD ) CLERK David B. Reynolds, being duly sworn. TO THE BOA. D says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County rrnxE and has been continously and uninterruptedly . publ ishr,d therein, p.yut m tlepm��,s`�C�j?�!w�,�ay • curing asedconw a Runty a period of at least mD a nb saw[ Weca fifty—two consecutive weeks prior to the first away,. akesei 1a s publication of the annexed Bey me tthle notice; that said newspaper is aFioc, news mte F,,,t site s newspaper within the meaning of the De,e n� eq mam iaeiested ay�a ara act of the General Assembly of the State of Colorado., entitled "An Act smuaucas rre or da wen to regulate the � � printing of legal welt notices and advertisements, " and ae* �d amendments thereto= that the notice t a ZeP'"` m 'it ts of which the annexed is a printed 11e rT� ensergie °be y is copy taken from said newspaper, was • tiriff IffitYl(NOWN rtgebe Weld pi published in said newspaper, and in and Callen in°u� ��°�' m the regular and entire issue of in y , every number thereof , once a week for P '^^ r 9246 a and Cau a'tl, special way,. Successive weeks; that said notice DTQ witar s Ste T, A site was so published in 'said newspaper ��paad� d a Perrone erci usei(ex ei bathe proper and not in any supplement �' thereof, and that the first tiiA cwnQ.t L4worad° t�, publication of said notice asBieck LocAo� 3m Street, cu GasaggFRRADO aforesaid, was on theWEIDO r • Caradu J O '�pp f /� i, ', 19 G1 vmn� b��W To J.1_ day of t 1 c1 �� 6 yCl and the last on the day of DATID:h �9' Clerk w We M �M Mardi 199219, 1992 m The 'f ` Nus l�D. . 9 ( 5, 741777 Subscribed and sworn to efore me this ZY4.day at 9 ', , 19.24_. 7 4/-f.-i s£n i,777,•h••:�ah� • My commission Expires March 15, 19% Y 077093-7 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-16, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 10th day of March, 1992. easittDeputy Clerk the Board Christopher and Doris Bunting 1412 23rd Avenue Court Greeley, CO 80631 Manuel Montoya 4874 West 98th Avenue Westminster, CO 80030 Richard J. Natividad P.O. Box 89 Gill, CO 80624 Billie and Fern Benjamin P.O. Box 8 Gill, CO 80624 Carl and Myrtle Christian 115 South 2nd LaSalle, CO 80645 Joe Kutcher and Company P. 0. Box 29 Gill, CO 80624 Gill Lions Club Gill, CO 80624 Tim and Julia Arguello 1410 41st Avenue Greeley, CO 80634 Rodger Krautschun 21735 Weld County Road 49 LaSalle, CO 80645 Lawrence and Geneva Hernandez P.O. Box 114 Gill, CO 80624 Louis and Leticia Galindo P.O. Box 12 Gill, CO 80624 Gerald Craven P.O. Box 93 Gill, CO 80624 T. R. Gonzalez P.O. Box 107 Gill, CO 80624 Duain and Dorothy Hamlet P.O. Box 40 Gill, CO 80624 Spanish Assembly of God Church Gill, CO 80624 Helmut Brunner, Inc. Z Felix and Alice Maltos P.O. Box 74 Gill, CO 80624 Johnnie and Lucy Martinez P.O. Box 127 Gill, CO 80624 Sylvia Lopez 31170 4th Street Gill, CO 80624 Lloyd and Karen Van Gorder P.O. Box 10 Gill,C0 80624 Gerald and Anita Aragon P.O. Box 32 Gill, CO 80624 Karen Van Gorder Individually and Kelvin White, Trustee Box 10 Gill, CO 80624 Fred and Margaret Harris P.O. Box 97 Gill, CO 80624 Henry and Tillie Carpio P.O. Box 13 Gill, CO 80624 Ivan and Budah Harris P.O. Box 119 Gill, CO 80624 Rosendo Santacruz P.O. Box 113 Gill, CO 80624 Fern and William Howard 106 Livestock Exchange Denver, CO 80216 C. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING March 3 , 1992 A regular meeting of the Weld County Planning Commission was held March 3, 1992, in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Chairman, Bud Clemons, at 1:30 p.m. Tape 409 Roll Call, Richard Kimmel Present Jean Hoffman Absent Tom Rulon Present Bill O'Hare Absent Judy Yamaguchi Present LeAnn Reid Absent Don Feldhaus Present Shirley Camenisch Present Bud Clemons Present Also present: Lanell Swanson, Current Planner, Lee Morrison, Assistant County Attorney, Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on February 4, 1992, was approved as read. CASE NUMBER: USR-965 NAME: Joe Kutcher and Company ADDRESS: P.O. Box 29 , Gill, CO 80624 REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1-6, Block 24, Gill, Colorado. LOCATION: 31252 5th Street, Gill, Colorado. Joe Kutcher, applicant, explained he started the pipeline business in 1968 and now employs 4 people. Of the 12 lots at this site, he owns 6 and the Lions Club owns the other 6 . Shirley Camenisch asked about the size of the residences and lots to the north. Joe Kutcher said the residences are trailer style with no outbuildings on the properties. Bud Clemons questioned the maintenance of the roads in this area. Lanell Swanson explained Gill is an unincorporated community and Weld County is responsible for road maintenance. Shirley Camenisch asked about heavy equipment travel on these roads. Joe Kutcher explained that all he has are service trucks such as backhoes, trenchers, no large equipment. XHi31T C. Bud Clemons asked about his plans for screening the property. Joe Kutcher said he is planning to put up a nice fence with a gate, whatever it takes to comply with County standards. Bud Clemons asked if there had been any complaints from surrounding property owners. Joe Kutcher said he had not received any complaints. Tom Rulon wanted to know if there would be an increase in traffic through this area. Joe Kutcher said no. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. Fred Harris, surrounding property owner, said he is in favor of this proposal. He questioned the need for this procedure since the farmers in the area do what they want. Laticia Galindo, surrounding property owner, said she lives right across the street and was concerned about fencing because she has children. This concern has been addressed in the meeting, so she is in favor of the application. Lanell Swanson explained to the Planning Commission that the location of the proposed business, streets in the area, and the proposed haul route are shown on the vicinity map included in each members packet. Streets will be used that are not currently used for his existing business. The Chairman asked Lanell Swanson to read the proposed conditions of approval and Development Standards into the record. The Chairman asked Joe Kutcher if he was in agreement with the conditions and standards. Joe Kutcher said he was in agreement with everything except the requirement for septic. He explained this facility would not be manned all the time and he doesn't see a need for this requirement. Lanell Swanson explained this was a Weld County Health Department Regulation, and the Building Inspection Department also agreed with this requirement. Tom Rulon asked if portable facilities were an option. Lanell Swanson explained the Health Department had not allowed portable facilities for this type of application in the past. Joe Kutcher said they would comply with this requirement if they have to. Don Feldhaus moved Case Number USR-965 for an excavation and pipeline construction service be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval, based upon the support of the surrounding property owners. Motion seconded by Tom Rulon. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes; Judy Yamaguchi - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. Meeting adjour t 2:05 p.m. e- •ectfully ubmi ed, Sharyn f Secretary 3 O 1?y i•^� n BEFORE THE WELD COUNTY, COLORADO, PLANNIIC?ddM�111ABION ?. p., RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY Y&q &ISSIONERS Moved by Don Feldhaus that the following resolution be introduced for passage, by the Weld County Planning Commission that the application for: CASE NUMBER: USR-965 NAME: Joe Kutcher and Company ADDRESS: P.O. Box 29, Gill, CO 80624 REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1-6, Block 24, Gill, Colorado. LOCATION: 31252 5th Street, Gill, Colorado. be recommended favorably to the Board of County Commissioners for the following reasons: Surrounding property owners are in complete support of this proposal. 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 on these lots nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. �, °21(.173-1 E'XHI a RESOLUTION, USR-965 Joe Kutcher and Company Page 2 3. Within 30 days of approval by the Board of County Commissioners, a screening plan shall be submitted to and approved by the Department of Planning Services. The plan shall adequately screen all outside storage areas from adjacent properties and rights-of-way. The approved screening shall be constructed within 120 days of approval by the Board of County Commissioners. The screening plan shall be shown on the Special Review permit plat. 4. The applicants shall submit an estimate of costs for the approved screening. The estimated amount shall be reviewed and approved by the Board of County Commissioners. Prior to recording the Special Review Permit plat, sufficient performance guarantees to ensure installation and completion of the screening shall be provided to the Board of County Commissioners for the approved amount as allowed by Section 24.4.3 of the Weld County Zoning Ordinance. The performance guarantee shall be in a form acceptable to the Board of County Commissioners. The guarantee shall be returned to the applicants or released after the improvements have been satisfactorily completed. If the improvements have not been completed within 120 days of the date of approval of the Special Review Permit by the Board of County Commissioners, the County shall take corrective action to ensure compliance with the approved plan and the guarantee shall be forfeited. 5. Prior to the issuance of building permits: a septic permit shall be obtained from the Weld County Health Department. A bathroom with adequate toilet facilities served by an individual sewage disposal system shall be installed in the facility according to the Weld County Individual Sewage Disposal System Regulations. The septic system shall be designed by a Colorado Registered Professional Engineer. The septic system shall be fenced to protect it from traffic. a road improvements agreement for the haul route on Third Avenue and Fifth Street shall be submitted to the Weld County Engineering Department for review. The road improvements agreement shall be reviewed and approved by the Board of County Commissioners. 6 ;0' 97 RESOLUTION, USR-965 Joe Kutcher and Company Page 3 - a dust abatement plan shall be submitted to and approved by the Weld County Health Department. The facility shall have sufficient equipment available to implement the dust control plan as required by the Health Department. any required Air Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. Motion seconded by Tom Rulon. VOTE: For Passage Against Passage Richard Kimmel Tom Rulon Judy Yamaguchi Don Feldhaus Shirley Camenisch Bud Clemons The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution, is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on March 3, 1992. Dated the 5t of rch, 1992. JAGour- Sharyn Secretary Sz0297 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JOE KUTCHER AND COMPANY USR-965 1. The Special Review permit is for an expansion of a nonconforming use (excavation and pipeline construction service) in the unincorporated community of Gill, and 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 Article 68 of Title 24 C.R.S. , as amended. 3. The Special Review permit shall not be transferable to any successor in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for the operation of the facility. 4. Heavy equipment access shall be limited to Third Avenue and Fifth Street. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7 . Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. The maximum permissible noise level shall not exceed the residential limit of 60 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 10. The property shall be maintained in compliance with the approved dust abatement plan. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. DEVELOPMENT STANDARDS, USR-965 Joe Kutcher and Company Page 2 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. 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. 15. 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. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Joe Kutcher Case Number: USR-965 Submitted or Prepared Prior to Hearing At Hearing 1. Application 9 Pages X 2. 1 Application plat 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. February 20, 1992, referral from West Greeley X Soil Conservation District. 12. February 20, 1992, referral from Weld County X Building Inspection. 13. February 19, 1992, referral from Weld County X Engineering. 14. February 19, 1992, referral from Weld County X Health Department. 15. February 4, 1992, field check from Bill O'Hare X Weld County Planning Commission member. 16. January 29, 1992, letter to applicant. X 17. February 20, 1992, referral from Platte Valley X Fire Protection District. 18. Department of Planning Services conditions and X Development Standards. 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 6, 1992. rent ' a er STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS `o day of 7'' 1992-! SEAL No TAR PUB�IQ My Commission Expires y�wiuouswnb:pires January 10,1095 97,0237 KXHi n A EXHIBIT INVENTORY CONTROL SHE ' Case LJSR - cl OK ki uTtH i? a Co i-daw l Exhibit Submitted By Exhibit Description 3/6/ 1Q, A. l tta/,v/ti G- Yin fl- 2-NUk4-ia ► q OF iirMt5 strum 1n3 3140/59, B. PLJ4A)i✓1NC- C0M/YL15S/v^/ kisaccno,tl of kr M1ulND lc.'N C. Q&,ANNInfG CO,14411 S 5/OA' SL-( $1L -P Di' Fig)4R iNG-- 3/6/ D. 1:A RK ib THE Aotk iV64 tz of HEA-R►NG- E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. cy., .,�-�..j .✓I":�.. , 4' Date: March 3, 1992 CASE NUMBER: USR-965 NAME: Joe Kutcher and Company ADDRESS: P.O. Box 29, Gill, CO 80624 REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1-6, Block 24, Gill, Colorado. LOCATION: 31252 5th Street, Gill, Colorado. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: - The applicant has failed to show that the p 1 complies with Section 24.3.1.1 of the Weld County Zoning Ordin diq The Unincorporated Community Goals ast L €o i he Comprehensive Plan are: c,�9 . . 1. Assure proper lo io14 an* e of compatible land uses by maintaining n A\ %. ions within unincorporated communities. � ` 4- 44* "OA°ti 2. Maintk%e t A Meter of these settlements. 3. Ft c%odatle twle elopment primarily through infill of existing aga , pla.tt_ ots. F The natu1/4 of oposed uses on this property is not compatible with the residenti us of the neighborhood. The rural character of this unincorpora• d community will be adversely affected if the proposed uses are allowed. This type of new development cannot be appropriately accomodated in this area. The proposal is not consistent with the Weld County Comprehensive Plan Unincorporated Community Policies. The policies provide that any goals and policies adopted for a particular type of development will be used for review and evaluation. This proposed expansion or extension of a nonconforming use is an industrial-type use located on Agriculturally zoned property in an unincorporated community. One of the goals of the Agricultural section of the Weld County Comprehensive Plan is to: "Encourage residential, commercial, and industrial development to locate adjacent to existing incorporated municipalities and in accordance with the municipalities' adopted comprehensive plan goals and policies. " The proposed site is not located within three miles of any existing municipality or the comprehensive plan area of any municipality. OrT:ay' RECOMMENDATION, USR-965 Joe Kutcher and Company Page 2 The Agricultural section of the comprehensive plan further states: "In the event that residential, commercial, or industrial development desires to locate on non-prime agricultural land outside of an urban growth boundary area or I-25 mixed-use development corridor, the application for such development shall be carefully evaluated to determine if an equally suitable location is available in areas established for such development. The application materials must demonstrate that the proposed use cannot reasonably be located in a municipality, urban growth boundary area, or the I-25 mixed-use development corridor. " The applicant has not demonstrated that the proposed excavation and pipeline construction service expansion cannot reasonably be located in a municipality or urban growth boundary area. The applicant has failed to demonstrate how the adjoining residential uses will not be adversely impacted. The comprehensive plan provides for urban growth boundary areas to provide an official definition between future urban and agricultural land uses. - The applicant has failed to demonstrate compliance with Sections 24.3.1.3, 24,3.1.4. and 24.3.1.7 of the Weld County Zoning 0 inance, which require demonstration of compatibility with existing s ounding land uses, compatibility with future development of the su o g area, and adequate provision for the protection of the healt t d welfare of the inhabitants of the neighborhood and the Co nty. , = S.. %), Gill is a small unincorporated resntia community surrounded by agricultural districts and agricultural uses. y atdverse visual impacts associated with the open storage arts, the sty ssociated with operation and repair of the equipment, and aHditi, traffic in this area will not be compatible with the eq urrpuiding land uses or the future development of the surrounding ar' 73 .impacts which would result from this expansion of an industrial-type u's ould not be mitigated to provide adequate protection of th` ghealth ' *tty and welfare of the neighborhood and County. A c , ,, CONDITIONS OF APPROVAL JOE KUTCHER AND COMPANY USR-965 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 on these lots nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval by the Board of County Commissioners, a screening plan shall be submitted to and approved by the Department of Planning Services. The plan shall adequately screen all outside storage areas from adjacent properties and rights-of-way. The approved screening shall be constructed within 120 days of approval by the Board of County Commissioners. 4. The applicants shall submit an estimate of costs for the approved screening. The estimated amount shall be reviewed and approved by the Board of County Commissioners. Prior to recording the Special Review Permit plat, sufficient performance guarantees to ensure installation and completion of the screening shall be provided to the Board of County Commissioners for the approved amount as allowed by Section 24.4.3 of the Weld County Zoning Ordinance. The performance guarantee shall be in a form acceptable to the Board of County Commissioners. The guarantee shall be returned to the applicants or released after the improvements have been satisfactorily completed. If the improvements have not been completed within 120 days of the date of approval of the Special Review Permit by the Board of County Commissioners, the County shall take corrective action to ensure compliance with the approved plan and the guarantee shall be forfeited. 5. Prior to the issuance of building permits: a septic permit shall be obtained from the Weld County Health Department. A bathroom with adequate toilet facilities served by an individual sewage disposal system shall be installed in the facility according to the Weld County Individual Sewage Disposal System Regulations. The septic system shall be designed by a Colorado Registered Professional Engineer. The septic system shall be fenced to protect it from traffic. - a road improvements agreement for the haul route on Third Avenue and Fifth Street shall be submitted to the Weld County Engineering Department for review. The road improvements agreement shall be reviewed and approved by the Board of County Commissioners. CONDITIONS OF APPROVAL, JOE KUTCHER AND COMPANY USR-965 Page 2 a dust abatement plan shall be submitted to and approved by the Weld County Health Department. The facility shall have sufficient equipment available to implement the dust control plan as required by the Health Department. any required Air Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JOE KUTCHER AND COMPANY USR-965 1. The Special Review permit is for an expansion of a nonconforming use (excavation and pipeline construction service) in the unincorporated community of Gill, and 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 Article 68 of Title 24 C.R.S. , as amended. 3. The Special Review permit shall not be transferable to any successor in interest to the described property and shall terminate automatically upon conveyance or lease of the property to others for the operation of the facility. 4. Heavy equipment access shall be limited to Third Avenue and Fifth Street. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. The maximum permissible noise level shall not exceed the residential limit of 66 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 10. The property shall be maintained in compliance with the approved dust abatement plan. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. 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. DEVELOPMENT STANDARDS, USR-965 Joe Kutcher and Company Page 2 15. 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. 16. 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. LAND-USE APPLICATION SUMMARY SHEET Date: February 25, 1992 CASE NUMBER: USR-965 NAME: Joe Kutcher and Company ADDRESS: P.O. Box 29, Gill, CO 80624 REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1-6, Block 24, Gill, Weld County, Colorado. LOCATION: 31252 5th Street, Gill, Colorado. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this request is listed in Section 24.3 of the Weld County Zoning Ordinance. Referral responses have been received from the West Greeley Soil Conservation District, Weld County Building Inspection Division, Weld County Engineering Department, and Weld County Health Department. Copies of these responses are attached. A field check of the property, copy attached, showed the property is being used for the storage of pipe and equipment. 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L.`:i.ii-..1.* r,"z ! .,� 3 0,:/,_. t rls4 ; i�.V • /yy r• ,,4.F' —_ W i +•fix ` • a j , w It ..ii. :. ... 44. :,7,. . ;„.. • ,:„. .. . .., 4_,,...,,...: . ,.,.. ,pi. ;" ,', %. 3fre. .......4. . .,:7.• .4..,v . .. ., tt • j w ' ! 1 Y ".rte J * `/ }; . r.` fit' • t n * r• ' ' " � -tom ` it x � 7 FIELD CHECK FILING NUMBER: USR-965 DATE OF INSPECTION: February 18, 1992 APPLICANT'S NAME: Joe Kutcher and Company REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1-6, Block 24, Gill, Weld County, Colorado. LOCATION: East of 5th Street, south of 5th Avenue, unincorporated Community of Gill. LAND USE: N 2 residences. E 6th Street, agricultural production. S Old abandoned high school. W 5th Street and residences. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to this property is from 5th Street, a gravel road. The property is currently being used for storage of pipe, equipment, some junk, and a derelict vehicle. The uses are not currently allowed. The storage yard as it is being used is not compatible with the existing surrounding land uses. The yard is not paved. 10 trees exist along the northeast corner and part of the north side. These trees do not screen the property. 'current a er REFERRAL LIST NAME: Joe Kutcher and Company CASE NUMBER: USR-965 REFERRALS SENT: January 29, 1992 REFERRALS TO BE RECEIVED BY: February 12, 1992 COUNTY TOWNS and CITIES _Attorney _Ault X Health Department _Brighton _Extension Service _Broomfield Emergency Management Office ____Dacono Sheriff's Office _Eaton X Engineering _Erie _Housing Authority _Evans _Airport Authority _Firestone X Building Inspection _Fort Lupton ____Frederick STATE _Garden City _Division of Water Resources _Gilcrest _Geological Survey Greeley _ _Department of Health _Grover Highway Department ____Hudson _Historical Society _Johnstown Water Conservation Board _Keenesburg Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _Lochbuie _Ault F-1 _Longmont Berthoud F-2 _Mead _ _Brighton F-3 _Milliken _Eaton F-4 New Raymer Fort Lupton F-5 _Northglenn Galeton F-6 _Nunn _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 Platteville F-13 _Boulder X Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-23 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 ram' r^ -fj� p ` '? "1- ;(\ '' DEPARTMENT OF PLANNING SERVICES { X.� PHONE(303)35&4000,EXT.4400 r„�r `":...3 91510th STREET iiiive: % 2 ,,, ..Y,COLORADO 80631 n C.I l l L f r ) .. R ; . COLORADO .. u January 29 , 1992 CASE NUMBER: \\/,:, � �;,/ r,. n/ �rcr c2. , TO WHOM IT MAY CONCERN: �-_G^(U. - Enclosed is an application from Joe Kutcher and Company for a Site Specific r, Development Plan and a Special Review permit for an expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) zone district. The parcel of land is described as Lots 1-6, Block 24, Town of Gill, Weld County, Colorado. The location of the parcel of land for which this application has been submitted is 31252 5th Street, unincorporated Community of Gill. 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 February 12, 1992, so that we may give full consideration to your recommendation. Please call Lanell J . Swanson, 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///J 1/7 Signed: ��refer to the enclosed letter. 4 rYno -1 Agency: Lt)td/ 6/2a -CC-1,2) Date: v2;0d:e9 mit 1ORAn®urri Wilk Lanell Swanson, Principal Planner February 20, 1992 To Date COLORADO From Ed Stoner, Lead Combination Inspector r2,5 Joe Kutcher and Co - USR Subject The Division of Building Inspection has reviewed the application for Joe Kutcher and Company and offer the following comments: 1. This facility will be classified as an H-4 Occupancy (repair garage using open flame or welding) and shall comply with all the applicable code provisions. 2. Restroom facilities are required to be provided where persons are employed. If you have any questions please feel free to call or write this department for clarification. °7,07,14--) bC- T --) ,61„criii, MEMORAI1DU WITo r 11 Sw on, Plannia�— Date F°b „sr 19, 1999 COLORADO From Subject: T Y ti, Company TTCR QF S The streets inside the unincorporated Town of Gill are maintained by Weld County. At the present time, they serve only the residents in Gill and receive minimal maintenance. Mr. Kutcher's proposal will not generate a high volume of traffic, but trucks hauling heavy equipment and delivering materials will put heavy loads on the streets. I recommend access to the site be restricted to certain streets, and those streets be upgraded to support heavy trucks by the addition of gravel. i�R tC DS/mw:prkutch.mrw cc: Commissioner Webster Planning Referral File - Joe Kutcher and Co. , USR-965 MEmoRAnDum WI �. To Weld County Planning February 19, 1992 �J Date COLORADO Judy Schmidt, Supervisor, Environmental Protection Services y From Case Number: USR-965 Name: Joe Kutcher & Company Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 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. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. No permanent disposal of wastes shall be permitted at this site. 4. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the residential limit of 55 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 7. A bathroom with adequate toilet facilities served by an individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 8. The septic system is required to be designed by a Colorado Registered Professional. Engineer according to the Weld County Individual Sewage Disposal Regulations and fenced to protect from traffic. 9. A dust abatement plan shall be submitted to the health department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the health department. JS/lam-E287 ^rrnfir L� it f EJ 1 ) iii:. ,.1.�' 6p 4 JnH 29 ' 92 16 : 09 EnGE . 0'02 FIELD CHECK FILING NUMBER: USR-965 DATE OF INSPECTION: `2/7/42-• APPLICANT'S NAME: Joe Kutcher and Company CURRENT PLANNER: Lanell J. Swanson REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1-6, Block 24, Town of Gill, Weld County, Colorado. LOCATION: 31252 5th Street, unincorporated Community of Gill. LAND USE: s e5' �'/B'`C'� E 1ni lek141 � g : ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) 7 COMMENTS: /vrad/ ,4 p �� 6"C'd•1. /r-rA;, e � /V 4A, lax/ - a ee as / 47l/ e ' "-id/ il¢cc e e Zi fr yent.(2 a-.w TCTnL PnGE . 002 ww , STATE OF COLORADO ) . )s.c. COUNTY OF WELD David B. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in K burg in said County and State; that said newspaper has a general circulation in said County and has been Continously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a BEARING newspaper within the meaning of the NOTICE OF PUBLIC act of the General Assembly of the T:tea r Ca hemp State of Colorado,. entitled "An Act pM,xpa�'a& 1�at �m eropmeat - Pa to regulate the printing of legal ate ! notices and advertisements, " and te Plan ' (Cb, w fApprwa of fps amendments thereto; that the notice r aAa Kre" of which the annexed is a printed AL DESCRIPTION: Lots K copy taken from said newspaper, was at emwcasda, published in said newspaper, and in aaa�al`�D USE: Expansion It the regular and entire issue of ' d(��ce vabp it ��.,3 2._s t is Ne every number thereof , arfo : slz�s xn sn.ei, Sirrarricrerrnearn-less once a week for I - won wMbehell= successive weeks; that said noticeCentennialEhat Floor s Color a&so published in said newspaper be mote Comments, or ed innS_ proper and not in any supplement sthe Wdd Cod* thereof , and that the first n d' ,b" vlaie.. a-.MA publication of said notice as «.h � '� aforesaid, was on thecount/ Gateau d Rem day of w(� • - gi.5 Tenth o` Colorado e 19 9{ 2. asN Ow4n++oa To o bepublished mc and the last on theNews day of F ypualsa sae (Il bine by Fm The New News FeMva y 1 0 9 i p 7-- ;;;) Subscribed and sworn to before et- me this // day of T.* , 19, ( 2-. p My Commission expires March 15,1992 0 irreilenn CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-965 for Joe Kutcher and Company in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 3rd day of February, 1992. DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 915 10th STREET ' GREELEY,COLORADO 80631 C. COLORADO January 29, 1992 TO: SURROUNDING PROPERTY OWNERS CASE NUMBER: USR-965 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, March 3, 1992, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Joe Kutcher and Company FOR: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lots 1-6, Block 24, Town of Gill, Weld County, Colorado. LOCATION: 31252 5th Street, unincorporated Community of Gill. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Lanell J. Swanson, Current Planner. SURROUNDING PROPERTY OWNERS MINERALS AND/OR ESTATE OWNERS JOE KUTCHER AND COMPANY USR-965 Christopher and Doris Bunting 1412 23rd Avenue Court Greeley, CO 80631 Manuel Montoya 4874 West 98th Avenue Westminster, CO 80030 Richard J. Natividad P.O. Box 89 Gill, CO 80624 Ralph and Aleta Craven P.O. Box 64 Gill, CO 80624 Billie and Fern Benjamin P.O. Box 8 Gill, CO 80624 Carl and Myrtle Christian 115 South 2nd LaSalle, CO 80645 Joe Kutcher and Company P.O. Box 29 Gill, CO 80624 Gill Lions Club Gill, CO 80624 Tim and Julia Arguello 1410 41st Avenue Greeley, CO 80634 Rodger Krautschun 21735 Weld County Road 49 LaSalle, CO 80645 Lawrence and Geneva Hernandez P.O. Box 114 Gill, CO 80624 SURROUNDING PROPERTY OWNERS MINERALS AND/OR ESTATE OWNERS JOE KUTCHER AND COMPANY USA-965 Louis and Leticia Galindo P.O. Box 12 Gill, CO 80624 Gerald Craven P.O. Box 93 Gill, CO 80624 T.R. Gonzalez P.O. Box 107 Gill, CO 80624 Duain and Dorothy Hamlet P.O. Box 40 Gill, CO 80624 Spanish Assembly of God Church Gill, CO 80624 Helmut Brunner, Inc. c/o Felix and Alice Maltos P.O. Box 74 Gill, CO 80624 Johnnie and Lucy Matinez P.O. Box 127 Gill, CO 80624 Sylvia Lopez 31170 - 4th Street Gill, CO 80624 Lloyd and Karen Van Corder P.O. Box 10 Gill, CO 80624 Gerald and Anita Aragon P.O. Box 32 Gill, CO 80624 Karen Van Gorder Individually and Kelvin White, Trustee Box 10 Gill, CO 80624 Fred and Margaret Harris P.O. Box 97 Gill, CO 80624 Henry and Tillie Carpio P.O. Box 13 Gill, CO 80624 Ivan and Budah Harris P.O. Box 119 Gill, CO 80624 Rosendo Santacruz P.O. Box 113 Gill, CO 80624 Fern and William Howard 106 Livestock Exchange Denver, CO 80216 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property IOTS 1 - 6, BLOCK 24, AND ADJOINING VACATED STREETS & ALLEYS, TOWN OF GTII . WF) O COUNTY, COLORADO. • STATE OF COLORADO ) as. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, sates 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 minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. GERALD B. McRAE The foregoing instrument was subscribed and sworn to before me this 07 day of JANUARY , 19 92 , By GERALD B. McRAE WITNESS my hand and official seal. ,% My Commission expires: b'4-93 •, r � ." Notar} ublic MINERAL OWNER: UNION PACIFIC RAILWAY CO. 1416 DODGE STREET, ROOM 1100 OMAHA, NEBRASKA 6879-1100 BOOK 86, PAGE 376, JANUARY 8, 1890 WELD COUNTY RECORDS, BY TRANSAMERICA TITLE COMMITTMENT #8029542 �;� ON DECEMBER 14, 1990. NAMES OWNERS OF PROPERTY WITHIN 500 _ET I Please print or type , NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION / 1412 - 23rd AVE. CT. ' CHRISTOPHER & DORIS BUNTING _GREELEY, CO. 80631 0801 27 3 06-009 MANUEL MONTOYA 4874 WEST 98th AVE. ____. -020 WFSTP1UISTFR, C.D. 80030 RICHARD J. NATIVIDAD & P.O. BOX' 89 RICHARD L. NATIVIDAD GILL, CO. 80624 0801 . 27 3 07-013 RICHARD . NATIVIDAD & P.O. BOX -014 RIC D L. NATIVIDAD AGILE. O. 80624 RALPH & ALETA CRAVEN GIIP. BOX 64 GILL. CO. 80624 -015 P.O. BOX 8 BILLIE & FERN BENJAMIN (;II 1 , CO. 80624 -016 -017 115 SOUTH 2nd CARL & MYRTLE CHRISTIAN LA AlS I F, 10 8064 nwn1 I,27 3 08-002 li P.O. BOX 29 r E JOE KUTCHER & CO. GILL , 10_ 806.24 0801 27 13 , 09-003 • GILL LIONS CLUB GILL, CO. 80624 -004 1410 - 41st AVE. TIM & JULIA ARGUELLO GREELEY CO. 80634 080127 3 10-003 21735 WCR 49 RODGER KRAUTSCHUN LA SALLE, CO. 80645 -005 P.O. BOX 114 LAWRENCE & GENEVA HERNANDEZ GILL, CO. 80624 -006 P.O. BOX 12 LOUIS & LETICIA GALINDO GILL, CO. 80624 -009 1187%1.1.--7,1-' NANLS OF OWNERS OF PROPERTY WITHIN b J FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # GERALD CRAVEN GILL, CO. 80624 0801 27 3- 10-010 ICI. P.O. BOX 2 JOSEPH & LOUI KUTCHER GILL 1 :1624 0801 27 3 11-001 T R GONZALEZ P.O. BOX 107 1 :1.2 -002 • - 0 'f" REET WELD COUN 1 ;1� -013 DUAIN & DOROTHY HAMLET P.O. BOX 40 I -11� 1 .1. 1 SPANISH ASSEMBLY OF GOD CHURCH GILL, CO. 80624 -005 HELI1UT BRUNNER, INC. C/0 FELIX & P.O. BOX 74 -11. f P JOSEPH & LOUISE TCHER i -007 P.O. BOX I L •,i • 1624 1 - LOUISE_ KU HER P.O. BOX _►, :1.24 -008 P.O. BOX JOHNNIE & LUCY MARTINEZ 1 7 I 1 80624 0801 7 3 17-001 SYLVIA LOPEZ 31170 - 4th STREET -002 1 81624 BOX 10 KAREN VAN !- 1ER 1 .1. -11 LLOYD & KAREN VAN GORDER P.O. BOX 10 -014 P.O. BOX 32 GERALD & ANITA ARAGON CI & 1624 . r:' , ,. 008 I I NAN OF OWNERS OF PROPERTY WITHIN L FEET Please print or type NAME ADDRESS , TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION II GERALD & ANITA AR .IN P.O. . ., 32,, 0801 27 3 17-009 I.. KAREN VAN GORDER INDIVIDUALLY & BOX 10 L.. VI ► WHIT TR TEE L CO 81624 L.. -010 P. GERALD & ANI ARAGON O. BOX 2 I�Al .1.24 -011 LIONS CLUB OF ILL GILL, C C . 80624 10801 27 3 18-001 11 11 1I❑ 1I II -007 P.O. BOX 97 -002 FRED & MARGARET HARRIS ;� , P.O. BOX 13 HENRY & TILLIE CARPIO • ; 1. -003 P.O. BOX 119 IVAN & BUDAH HARRIS ;�� , — 04 _ on HU HUH HU IH —005 P.O. BOX 113 ROSENDO SANTACRUZ FERN & CO 8021 WILLIAM HOWARD 106 LIVESTOCK EXCHANGE 0801 27 0 00-044 1 : . �, AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property LOTS 1 - 6, BLOCK 24 AND ADJOINING VACATED STREETS AND ALLEYS, TOWN OF GILL, WELD COUNTY, COLORADO 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. AreercZe• a7/0-;:2:: The foregoing instrument was subscribed and sworn to before me this 74 day .lama.- , l99h-st. , by 9cra/aL 7. Me2a-eJ r WITNESS my hand and official seal. MY Commission expires:8—t-93 Notar Public 220 DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 V II C. COLORADO January 29, 1992 Joe Kutcher and Company P.O. Box 29 Gill, CO 80624 Subject: USR-965 - Request for a Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) zone district on a parcel of land described as Lots 1-6, Block 24, Gill, Weld County, Colorado. Dear Mr. Kutcher: 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 3, 1992, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the 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 18, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than February 22, 1992. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right- of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 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, a ell Janson Current Planner 0,71191-, • t\ (� [��j'][� DEPARTMENT OF PLANNING SERVICES \;, \\ FE62319921992 \ �[� JI,\�� J�cj� PHONE(303)35I, EXT.4400 L�c�d'�-�:J—s—'l 91510th STREET GREELEY,COLO RADO 80631 IIIIIIDeweld Conti Plonk* COLORADO ai January 29 , 1992 CASE NUMBER: USR-965 TO WHOM IT MAY CONCERN: Enclosed is an application from Joe Kutcher and Company for a Site Specific ..„ Development Plan and a Special Review permit for an expansion of a nonconforming use (excavation and pipeline construction service) in the A (Agricultural) zone district. The parcel of land is described as Lots 1-6 , Block 24, Town of Gill, Weld County, Colorado. The location of the parcel of land for which this application has been submitted is 31252 5th Street, unincorporated Community of Gill. 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 February 12, 1992, so that we may give full consideration to your recommendation. Please call Lanell J . Swanson, 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: , ,..a.“.---/) z, a.c... Al� 7,�./� Agency: x'/37r`rt/,al1.7 �"i <-e, erc ]• n c-!tt-? Date: ,.-20 / e .3_ j 0 , .e, , v o . _ USE BY SPECIAL REVIEW APPLICATION JAN 2 -' 1992 Department of Planning Services, 915 Tenth Street, Greeley, -•1�e •®L ,nimi Phone - 356-4000 - Ext. 4400 Case Number Date Received i- d 7. 9-2 Application Checked by Mylar plat submitted ,,//^^ Application Fee ell4),C0 Receipt Number / gzio Recording Fee Receipt Number 10 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 op area of Weld County, Colorado: LEGAL DESCRIPTIONLOFSSPECIAL REVIEWJACENT PERMITSTREETS &SWL1/4S Section VACATED 7BLOCK 24OF GIWN LL. T 6 N, R 64 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R Property Address (if available) 31252 - th ST. , GILL, CO. PRESENT ZONE "A" AGRICULTURAL OVERLAY ZONES NONE TOTAL ACREAGE 1 .423 ACRES (62000 SF) PROPOSED LAND USE SHOP BUILDING AND EQUIPMENT PARKING & PIPE STORAGE EXISTING LAND USE VACANT SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: .JOF KUTCHFR & CO. City GILL, CO Zip 80624Address: p o BOX 29 Home Telephone # 352-4941 Business Telephone #SAME Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT jjf different than above) : Name: Address: City Zip Home Telephone # Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: UNION PACIFIC RAILWAY CO. ( BOOK 86, PAGE 376, JANUARY 8, 1890) Address: 1416 DODGE ST. ROOM 1100 City OMAHA, NEBRASKA Zip 68'74-1100 Name: City Zip Address: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) , Sig a re: e wta r or Autho Agent j 11 19971 .'' Subscribed and sworn to before me this 6 — d of NOTARY PUBLIC / C �G"tK�j�j .My commission expires �f / ea 3K USE BY SPECIAL REVIEW ,` %' Y APPLICATION INFORMATION R..' Joe Kutcher & Co. U S R # Gill , CO 80624 a ITEM: 2A. PROPOSED USE: ,', Mr. Kutcher has a company whose business is to provide excavation and pipeline construction services for the agricultural community. `' y ,t. 2B. NEED FOR USE: The home base for this business is Gill , Colorado. Mr. Kutcher would w" like to construct a new building on and fence the subject property to provide a larger area for the maintenance and parking of the company' s AA` equipment and vehicles and pipe storage. The property is pieserrtly t. vacant. I. The yard will primarily be used for pipe storage. As projected for up coming work and as needed for re-stocking, truck loads of PVC pipe are brought to the site where the pipe is stored until needed at, the job site. Maximum storage would be in the 10000 to 12000 lineal foot range. The pipe varies in size from 6" 0 to 15" 0 and is in 20 or 40 fQbt lengths. i :fi" The company owns 10 to 12 pieces of heavy equipment for thejinstallation ,,"#' of irrigation pipe. During the construction season this egi(:ipment is loca-:5: ted and serviced at the various job sites. Some minor equipment repairs 'x are occassionally handled at the shops. !. {: 2C. SURROUNDING USES: :t ,jr- 4]s. _ The property is adjoined by 5th Street on the West and 6th Street on the East. On the South is the old High School and Gymnasiuri owned t by the Gill Lions Club, who sold the subject property to Mr,,f Kutcher. On the North is a single tract of land with two residences. - 7 /•s. 20. RESIDENTIAL PROXIMITY: ft' ?‘':‘• f.. ti;' ,V,. The nearest residences lie across the street and to the West.of the proposed use property. See sketch for location of residences. '1,.. 4 2E. USERS: IV This is not a commercial operation and therefore the use isOnly by the employees of the company. x,. , q4 •..4 2F, EMPLOYEES: Y. l There are two employees who would work at the site. Normal', operating hours will be during the day. Any night time repairs woulibe within the shop building, •' r{_ 2G. WATER SOURCE: Public water is provided td,the site by the North Weld County Water District, ,' J 2H, ACCESS: .' :' Access to the site will be from the existing State Highway No, 37 (County Road 55) serving the Town of.;Gill , Access from State Ilighway. No, 37 would be two blocks along 3rd Avenue and then two blocks North along 5th ' Street, Other streets in the town may be used on occasion,1 2I . TRAFFIC: Most of the traffic will be the employees cars and pickup trucks, n Occasional ' trucks and lowboyisemi trucks may haul equipment 11nd materials to the site, , �`: Y. A : 04 2J, SEWAGE FACILITIES: '. No sewage facilities are initially planned. However, it appears that the site is suitable for an Individual Sewage Disposal System aS��the area is 1 ,4 Acres and the soil is Kim.-Loam with moderate permeability: ': 2K, FIRE PROTECTION: 4., ;iv• Fire extinguishers will be placed in the Shop Building, Thearea is served by the Platte Valley Fire Protection District, 2L, ANIMALS: cika ;; There are no animals involved with this use. `f ,A: .i Kb 2M, WASTE: "` The normal waste generated by� this use will be contained within the build- ing and properly disposed of-..by the owner, 2N, STORM WATER FACILITIES: V. No storm water facilities are'planned for this site. Due tpzthe small amount of improvements, the 1,400 SF Building and some gravel access areas, and the large amount of open pace on the site, there will be.:,a minimal •A: amount of increase in the storm water runoff amounts. The prtposed improve--::, . ments will create much less runoff than from 6 residential units which . could be constructed on this '.:tract as platted, Additional buildings , `. i.; y• . 1, ;4. paved areas and/or gravelled areas should be reviewed as necessary to `!I. determine if storm water detention areas would be required. ii 20. WASTE REMOVAL: '`"" Normal wastes generated by this use will be collected in recepticles, `.iv:. stored within the building or screened trash enclosures and properly dis- y posed of, as needed, by the owner. 2P. LANDSCAPING: Portions of the boundary will be fenced for security and will provide '.' some visual barrier. There is a row of large trees along the North line of the property. ez. 2Q. RECLAMATION PROCEDURES: "s' None are proposed. This site will have the minimal improvements re- 1, quired for the operation of the shop and parking areas. Similar uses ,A would occupy the site if the owner ceases his business. c ,.i 2R. TIME TABLE: `f Construction of the improvements on this site would begin as soon as approvals and permits can be obtained, and completion would be within 1 3. 6 months. ,., r : ;i 3. SUPPLEMENTARY INFORMATION: 3A. COMPREHENSIVE PLAN' 4 The applicant feels that the proposed use is consistant with the Weld -. County Comprehensive Plan for the following reasons: , 1 . The "Use" does not remove "prime" agricultural land from use. ,: The tract is small and located in the Town of Gill . r 2. The proposal will not destroy any natural features and will pro- vide a more productive use of this tract of land. ' ' 3. The traffic impact will be acceptable. This is a small shop with ',`<;. only a few employees, no retail sales and minimal other traffic. 4. The streets and utilities are in place. The proposed use will r.`le create an owner occupied site instead of a vacant property. l; 38. ZONING DISTRICT: it The proposed use is consistant with the intent of the Agricultural Sr: Zoning District. The use has served the agricultural community for s many years. Through this Use By Special Review process, there will be , adequate controls. ` ' jt fie .'R 3C. PRESERVATION OF AGRICULTURAL LANDS: The location and size of the tract precludes any major agricultural use. 3D. PROTECTION OF HEALTH, SAFETY, AND WELFARE: There are no particular health hazards or pollution associated with the proposed use. Due to its location in the Town of Gill , all such services are the same as serve the Town. The property will be fenced for security purposes. 3E. COMPATIBILITY WITH EXISTING USES: The Town of Gill has several areas with mixed uses. There is reason- able compatibility with the farmland to the East and the old school and garage buildings to the South. The proposed use is different than the residential use to the North and West. These homes are distanced by the streets and setbacks. The proposed use does not create high traffic or parking problems, excessive noise or air pollution, or safety problems. 3F. COMPATIBILITY WITH FUTURE USES: The use is not intensive and would be compatible with the foreseeable future uses of the area. 3G. OVERLAY DISTRICTS: The area is not within any geological hazard area or airport overlay district. 3H. WATER SUPPLY : The proposed use has a very low water demand. North Weld County Water District serves the property with domestic water. 3I . DEED: A copy of the Deed identifying the total property and ownership are attached. 3J. NOISE REPORT: No noise report is submitted as the proposed use does not create any abnormal noises. The property would be subject to the existing noise regulation's. 3K. SOILS REPORT: Soils information, as prepared by the Soil Conservation Service, is attached. 3L. ADJOINING SURFACE OWNERS: See attached. 3M. MINERAL OWNERS: See attached. O , ..�, 4 BOARD OF DIRECTORS .�► ERNEST TIGGES :'- .e- NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON HIGHWAY 85 • LUCERNE, COLORADO 80646 ERNEST ROSS p(►,r!! �' W.M. McKAY LYLE NELSON, MGR. CHARLES ACHZIGER p y'O • P.O. BOX 56 • PHONE 356-3020 January 20, 1992 McRae d Short, Inc. 1227 8th Avenue Greeley Co 80631 RE: Project No. 91160 Mr. McRae, North Weld County Water District would be able to provide water and water service to the above mentioned project. North WeZd County Water is presently servicing the residences of the Town of Gill and another meter would not present a problem. Sincerely, De Simpson Secretary iii` 1"^r AR2264181 B 1312' REC 02264181 09/25/91 10:29 $5:00 1/001 )n NO._ F 0511 MARY ANN FEUERSTEIN .CLERK & .RECORDER WELD CO/ CO Quit aiaint(n e ) THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. , The specific terms of this deed are: Grantor hire:n. n,'tf and lilac its)of residence. it the spouse of the owner-grantor is loinrng in this Deed to release homestead rights. identify lgrantor..as husband and wife) Gill Lions Club Gill, Colorado 80624 Grantee: (Gwe miners)and addressees), statement of address. including available road or street number. is required ) Joe Kutcher & Company P. O. Box 29 Gill, CO 80624 Form of Co-Ownership: ill there are two or more grantees named.they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below) Property Description: Ilnr lode t minty and state) ' Lots One (1), Lot Two (2), Lot Three (3), Lot Four (4), Lot Five (5), • Lot Six (6) and North 10 ft. of E-W vacated alley, 50 ft. of vacated • 5th Avenue and all of N-S vac. alley adj. thereto and also E10' vac. 5th St. adj. to all in Block 24 in the Town of Gill, Colorado as shown by the plat thereof recorded in the office of the County Clerk and Recorder of Weld County, Colorado, said town and plat being a subdivision of a portion of the SW-1/4 of Section 27, Township 6 North, Range 64 West of the 6th P.M., also known as 31252 5th Street, Gill, Colorado • Property Address: 31252 5th Street, Gill, Colorado 80624 0 Reservations-Restrictions: ;If the GRANTOR intends to reserve any interest in the property or to convey less than he owns.or if 5 the GRANTOR n resbrtting the GRAN It I'S rights in the property, make appropriate indication 1 r0 to E I 3 Executed by the Grantor un 1t y,% .�,7 r e9 Y , 19 II o Signature Clause ler Corporation,Partnership or Association: Slgnatu CI for 1 dMdual(s): gin /tiffs ei1,6 _ N of Grantor Cor'*arat ,Penn up or Association Grantor By r"' Grantor Attest: :4 / Sr . r.G7!?1 .••... .3.d0 r,¢rantnr STATE OF COLORADO n ) O 1••1 48/7 , . rs t COUNTY OF ItQ ) ss. I' j yy The foregoing instrument}} was acknowledged before me this Q��h day of tttcJ&Mu:e-0�.I 197 J By• Jae ta)f.ls0r .F. r'is.ll1 U3 l�G,!/1 S /1 7 •• A�vI.o �:' �•` $of_. "Tre is• (/`(,� ��//SU//sJJ��,, ',-, WITNESS my hand and official seat /✓s�•••• '^- My commission expires: in 7[Li '��4jj se �I•••t') Public STATE OF ) COUNTY OF ) ss. The foregoing instrument was acknowledged before me this day of . 19 By• (•name individual Grantor(s)or if Grantor is Corporation.Partnership or Association.then identify signers as president or vice president and secretaryor assistant secretary of corporation,or as partner(s)of partnership.or as authorized member(s)of association.) WITNESS my hand and official seal. My commission empires: Nalary Public '°'H111 UPDATE LEGAL FORMS Greeley,Colorado 80632 NO. 203 Q uay�jpgr / eia,' U 4 % m 0 _ 1 O _en c O W N t b K yCa 1 b an 2N MW C o U ors ao w E ac" a H �+ o = a I. a cc O 'L W L o ca tnw = H ti o Mo g m uJ. c Z [a�] a U b Z =. Eo i i o WOO4 iE ccs1 LI II V U l0 w M `.' z O • • Illir II II II II II II II II Il — II II 0 N 1] I. O .. -\ 1\ a/aao. N. N. I, • ��\ / W �l p III � : h • J K N �I 'I. / li II = nou II I 1u II eI_tau ii 1 L 1EE I I ❑❑ CI 2?_,,U 9" SOIL SURVEY OF WELL. COUNTY, COLORADO, ..JUTHERN PART United States Department of Agriculture, Soil Conservation Service, I in cooperation with the Colorado Agricultural Experiment Station 4 r � :E , • 65 \ F {c � y > _y S tg•$' ' � �+ " 64 41. 51 ‘.e lit 1 l37 04' .4, '' 5 �'. l r w ,. I • 4 q y ,�r SAY' ? 64 65 ! y y .0 t 1 ,�461; 38 4 14-:..>,. yid ` > Y •� :N 4 h. �, O ,f�; kT .., t 1'Y�y, rv� o- +1i'. 1-N ' l'-'44- (� ' " 'r l;".,''''';; �) e%((//��''•r 4 ,,..A.,„,.. 4'77`Y .t `5' 6 -0 { \ ;fig: f `^ 41 l J it It �Y'1,;.:3.41/4 ) p , 4 t + e}k7 1 ',a, R a , 1 n r 521 r 49.:. • . 5} 1 jr y4 i '3�pa' ,� -!! ., Yt:a h€ +5 i 51 ` 1 .1.i,iy,. {y�y7 to k'.'ali 1{ Fk ^ ,t rtes§ l , 4 r w:: �`.:,4 g�"•ti,.. r Di, .Y 1 s�� # t 444' wtt�^. Yi .+q 'r,°' x �F ,l�l Ir 7 �{r�` a�i � �ie eh y"''�sa i A1r i, ! sf � f Y. � '!�. t �' ,I'll t + �) l Tlf k 4. p.r r t era WIC - k A ,11 47 � �� 2 if i . ' 93� i � • 16.A �. a^' • G• f �F` 7.K 6 1, ! r .,.:� s Fear 1+ 4 25 ] 8i >x R Fi •117 + �bs� �Py 344, . .. Z. I+ 37 t.. gg M1 Plit.c11?':t " "7r' 58� 'I d B . 52 �' .;.32 ii i 1r k 1 F,fo.,.. 1 3z i :'�- r 'j. + + i s t 32 a - I. `gZ I ' 9 .. 58 I' h'Ci'd; 24 1, ^k 32 51 t'4t`,. ! 5 1., 65 v'. t �1r°c :3 Ni 71 , NT /Ir.IL r � . f 4 , 3 V 1 i..Na-�F �4FI� �" wl. 51 r .IS: + ♦ i f n r n ifS C, ' S d( ,r w > ;J'r - � & �, 47 , , I C i S2 e,;�51 Y .1:63,. 3, . �€ 6v+sfs , azin,r t r + , ^ 4 uw"4•r 61321 la• o �Z' ' ,,. 31—Kim loam, 0 to 1 percent slopes. This is a deep, I suited to this soil. Cultivation to control competing well drained soil on smooth plains and alluvial fans at vegetation should be continued for as many years as elevations of 4,900 to 5,250 feet. It formed in mixed eolian 1 possible following planting. Trees that are best suited and deposits and parent sediment from a wide variety of have good survival are Rocky Mountain juniper, eastern 78 bedrock. Included in mapping are small areas of soils that -r redcedar, ponderosa pine, Siberian elm, Russian-olive, and , 1 have loamy sand underlying material. � hackberry. The shrubs best suited are skunkbush sumac, `:1; Typically the surface layer is brown and pale brown Siberian peashrub, lilac, and American plum. V about 12 inches thick. The upper 30 inches of the underly- ing Wildlife is an important secondary use of this soil. The rnatcrial is pale brown loam. The lower part to a cropland areas provide favorable habitat for ring-necked - depth of 60 inches is pale brown fine sandy loam. pheasant and mourning dove. Many nongame species can 46i Permeability is moderate. Available water capacity is be attracted by establishing areas for nesting and escape high. The effective rooting depth is 60 inches or more. cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- This runoff is dslow, and t etntirely erosion hazard is lcro ment, especially in areas of intensive agriculture. This soil is used almost only gy for irrigated crops. It This soil has good potential for urban and recreational is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, development. Increased population growth in the survey \ and onions. An example of a suitable cropping system is 3 area has resulted in increased homesite construction. The �: i 3 to 4 years of alfalfa followed by corn, corn for silage, chief limiting feature for urban development and road sugar beets, small grain, or beans. Very few conservation construction is the limited capacity of the soil to support i 20 practices are needed to maintain top yields. a load. Septic tank absorption fields function properly, but All methods of irrigation are suitable, but furrow ir- I community sewage systems should be provided if the ----"- rigation is the most common. Barnyard manure and con- l population density increases. Because of the permeability �—' mercial fertilizer are needed for top yields. of the substratum, sewage lagoons must be sealed. Windbreaks and environmental plantings of trees and Lawns, shrubs, and trees grow well. iipa} l „.clans I it ~ 26 � � shrubs commonly grown in the area aregenerally well i rigated. ✓P______ C-' P..\ .- •D.,...68'17-'- `./.—�... , \ _.... ,/ I /r� I '\ vi;/ \ \\ Hello