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"l i_,. 4 ,.. 7 ¢ . ., ., • . ,. ri 6 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (COMMERCIAL TRUCKING OPERATION) IN THE A (AGRICULTURAL) ZONE DISTRICT - MARLIN AND SHIRLEY NESS 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 19th day of August, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Marlin and Shirley Ness, 19755 Weld County Road 66, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment (commercial trucking operation) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SEe, Section 20, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, Marlin Ness, applicant, was present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The PL0877 920760 � C i / cc ' P ' iqPr SPECIAL REVIEW PERMIT - NESS PAGE 2 City of Greeley Planning Commission reviewed this request on July 14, 1992 and determined the proposed use was not in conflict with the Greeley Comprehensive plan if certain conditions are complied with. These conditions are addressed in the Development Standards. b. The proposal is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. c. The uses which would be permitted will be compatible with the existing surrounding land uses which include farm production, oil and gas production, and rural residences. Conditions of Approval and Development Standards will ensure compatibility. No objections have been received from surrounding property owners. d. No 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 for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment (commercial trucking operation) 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. Within 30 days of approval by the Board of County Commissioners, any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 920760 SPECIAL REVIEW PERMIT - NESS PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D. , 1992. �A A / BOARD OF COUNTY COMMISSIONERS ATTEST: /0„44, `� wLein WELD COUNTY, COLORADO Weld County Clerk to the Board � Ge a Ken dy, hairman BY: ffil << Al r / ;�r/t f ,c�•� Y. Deputy Clerk to the Board— \ Constance L. Harber , ro-Tem APPROVED AS FORM: C. W. Kir County Attorney Gor . ac W. H. We ster 920760 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MARLIN AND SHIRLEY NESS USR-973 1. The Site Specific Development Plan and Special Review Permit is for an agricultural service establishment (commercial trucking operation) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The 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, except immediate family, for operation of the facility. 4. Tractors and trailers shall not be stored outside on site beyond seven days. 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. 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 commercial limit of 60 dB(A) , as measured according to Section 25-12-102, Colorado Revised Statutes. 10. The property shall be maintained in compliance with S.A.R.A. , Title III. 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. 920760 DEVELOPMENT STANDARDS - NESS 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 herein and all applicable Weld County Regulations. 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. 920760 HEARING CERTIFICATION DOCKET NO. 92-45 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (COMMERCIAL TRUCKING OPERATION) IN THE A (AGRICULTURAL) ZONE DISTRICT - MARLIN AND SHIRLEY NESS A public hearing was conducted on August 19, 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, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated August 3, 1992, and duly published August 6, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of Marlin and Shirley Ness for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment (commercial trucking operation) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Marlin Ness, applicant, was present and explained the operation is for maintenance and repair, which is done by Mr. Ness and his son. In response to a question from Commissioner Lacy, Mr. Ness said they do all their own repair work, and parking on site is limited to seven days. He also said they have well water, and they agree to all Conditions of Approval and Development Standards. Commissioner Lacy stated the development standard requiring a restroom facility was removed because this is a family operation. There was no public testimony offered concerning this matter. Chairman Kennedy questioned the issue regarding the transferring of the permit which was discussed during the Planning Commission hearing. Mr. Schuett read the language change in Development Standard #3 into the record. Commissioner Harbert moved to approve the request of Marlin and Shirley Ness for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment (commercial trucking operation) 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 Webster, and it carried unanimously. This Certification was approved on the 24th day of August, 1992. A APPROVED: ATTEST: l�{�J/i BOARD OF COUNTY COMMISSIONERS V ��(( WELD COUNTY, COLORADO Weld County Clerk to thla Board 2/� 1- By: / 4/(c,1 /� c it / / L4/ Geor e Kennedy, Chairman � Deputy C erk to the Board Constance L. Harbert, Pro-Tem TAPE #92-25 • C. W. Kir y DOCKET #92-45 Gor a PL0877 W. H. Webster 920760 NOTICE The Board of County Commissioners of Weld County, Colorado, on August 19, 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: Marlin and Shirley Ness 19755 Weld County Road 66 Greeley, CO 80631 LEGAL DESCRIPTION: Part of the SE,' of Section 20, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An agricultural service establishment (commercial trucking operation) in the A (Agricultural) Zone District SIZE OF PARCEL: 1.767 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: i:71 i/c k. Ia K��:l!L-�� Deputy Cc to the Board PUBLISHED: August 27, 1992, in the Windsor Beacon 920760 JLLD C0U m I Y AFFIDAVIT OF PUBLICATION tlCDrf STATE OF COLORADO The Mad of County tr.” crp -2 Al 9: 35 ss Commissioners t WeldCOUNTY OF WELD County. Colorado. on CLERK August 19, 1992, CLER� sandRlenaR7 approved a n•,r,n I, KEITH HANSEN, of said County of Weld, being duly GIs Opens DatOpfneritPlan and Sind !U l f�' c' sworn,say that I am publisher of Pin tOr lee Men end purpose nand—.. conMlbn S Mardi a Id; WINDSOR BEACON plait antes a rested moosity rlp9 penmen el A w Agra GI C.A.a, a weekly newspaper having a general circulation in said is worded.Iw* °s 9aeeyears County and State, published in the town of WINDSOR, APPLICANT:taunt AM in said County and State; and that the notice, of which WSW Nssa,tad Geld the annexed is a true copy, has been published in said cat*Read ge cast weekly for / _successive weeks, that the notice CONNI was published in the regular and entire issue of every LEGAL DESCRIPTION: number of the paper during the period and time of Pan t the 9EU4 t Sean go Twmsnq S Noss, publication, and in the newspaper proper and not in a Range UMW G IS 6u supplement, and that the first publication of said notice P.N.a weal coemy, was in said paper bearing the date of the Colorado TYPE AHD INTENSITY of 7 day of �Gl a 51 Al)., 19 r and APPROVED USE: An egaaun9nl service the last publication bearing the date o£the Oran* weqoperetran)In Ins A ate Olin day of , A.D., 19_ and SIZE OF PARCEL:1.767 that the said WINDSOR BEACON has been published arss,.inner Ms continuously and uninterruptedly for the period of 5 Fain consecutive weeks,in said County and State,prior to the end arnime at Wren date of first publication of said notice, and the same is a M mull In•Ionise vuMd peoul an t newspaper within the meaning of an Act to regulate printing of legal notices a ertisements, approved BOARD OF COUNTY COMMISSIONERS.MELD May 18, 1931,and all prior c so far as in force. COUNTY,COLORADOBY:DONALD D.GARDEN. /- CIEARKTOTHE BOARD 9r: Snell K. Mile, LISHER • Clammy CLAW the Surd Subscri d and sworn to before me this 3/4.-t- day Published In the wire of a/fA etc, 19_12_ Meese an Aeon 27, / ,,\MR %C \ C.l0ZV/ • NOTARY PUBLIC My commission expires CJ-/c?- 920760 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 92-45 APPLICANT Marlin and Shirley Ness 19755 Weld County Road 66 Greeley, Colorado 80631 DATE: August 19, 1992 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for an agricultural service establishment (commercial trucking operation) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SE; of Section 20, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 mile northeast of the City of Greeley, located at 19755 Weld County Road 66 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: August 3, 1992 PUBLISHED: August 6, 1992 in the Windsor Beacon 920760 V:11 COLCTY Cr" '` A !1? ,VIT OF PUBLICATION BE IT use KNOWN thatNOM 1997 TE2CiF 19:1) O the text and maps so pursuant to the zoning certified by the Wald SS laws of the State of County Planning COLul .Y ,WELD Colorado and the Woad Commission may be examined in the office of r,� n,• rr Za"�ngwrn ,a dw clerk to the Bawd at IGIEr H SEN, of said County of Weld, being duly •Public hearing w19 County Commissioners, sworn,say that I am publisher of located in the Weld held in the Chambers of County Centennial the Board of County center,915 10th Street, WINDSOR BEACON Conmiseloaers of Weld Third Floor, Greeley, County,Colorado,Weld OISI9de, County Centennial a weekly newspaper having a general circulation in said Center,915 10th Streak gamy Ns:92..45 County and State, published in the town of WINDSOR, First Floor, Greeley, Colorado, at the time AppUCANT:Marlin sad in said County and State; and that the notice, of which spec*ed.All poisons la gloss Ness,19755 Weld the annexed is a true copy, has been published in said My MINIM interested In the She SpesNlo emsf1r Y, weekly for successive weeks, that the notice Development Plan and was published in the regular and entire issue of every apace Ravin Pam*we pm amps m.ism number of the paper during the period and time of requested to attend mid nay be heard. TNE:1osoam publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice Should the applicant or REQUEST: A Site was in said paper bearing the date of the any Interested party Sawa** Development desks the presence ale pYa mid spa*Wrlaw Court reporter to TOWS poem for an sprlasom iJ day of A4 a-51" , A.D., 19 � and record of the proceedings. servfps'estab$eitnier9 the last publication beetling the date of the In addition to the taped (commercial..treating g record whka will be kept operation) In the A during the hearing,the (Agricultural) Zone day of , A.D., 19_ and • Cleat to the Doers Dien a he whited that the said WINDSOR BEACON has been published 0f auco aolon lon in writing stlew eve LEGAL DESCRIPTION: continuously and uninterruptedly for the period of 5 On price to the hearing• Pan of the SE 114 of consecutive weeks, in said County and State, prior to the The cost of engaging a Section tB0,Township 6 court reporter shall We Nook Range so was ci date of first publication of said notice, and the same is a borne by the requesting the 0th P.M., Weld newspaper within the meaning of an Act to Pmt7 Caery,Colaado printing of legal notices and a ertisements, approved LOCATION : May 18, 193 ,and all prior a so fa 'n force. Approximately I mile , northeast of the City of Greeley,lasted at 19756 Weld Carry Road 66 _la__ - �--- - BOARD OF COUNTY HE COMMISSIONERS, WELD COUNTY, COLORADO Subscribed�ppnd sworn to before me this 342.t day of C/-7ltl?c 6/ 19 4l-7 WARDEN.DONALD D. 1 j WARDEN, WELD lice,.. _ ' —ear 2\ 7ZV COUNTY CLERIC TO THE �Y'1AVUl. J �� /l�l L BOARD NOTARY PUBLIC BY:Betty Henson.Deputy c' C.— Clamta9rBord My commission expires /— / % S Published In the Want Beeson en August 1;1992. • • • • 920760 WELD COUI T Y CC nsips AFFIDAVIT OF PUBLICATION Inn? Cc-0 _7 Li 9: 34 STATE OF COLORADO ss CLERK COUNTY OF WELD TO Ti-E r'0A` I, KITH HANSEN, of said County of Weld, being duly sworn,say that I am publisher of Mina - WINDSOR BEACON Pursuant to du=Wig.lava OMCArgew*Se a the nat.w auntyrs end Mgt to a a a weekly newspaper having a general circulation in said ma Weld Countya putty Zoning County and State, published in the town of WINDSOR, vdlbe bid b dre China lining BOARD OF COUNTY of the Board a County yc D in said County and State; and that the notice, of which Commissioners of was the annexed is a true copy, has been published in said County, Colorado, Weld BY:DONALD a waigcn weekly forte successive weeks, that the notice County Cultenw Center, MELDThe CONEY CUERc TO 915 tab Street,do. Fluor, was published in the regular and entire issue of every (Weeny.Colorado,at the number of the paper during the period and time of In..,. W-~Prim In By:Bea tloMon,Deputy any nedl Went In the Development ma,..,* publication, and in the newspaper proper and not in a Wm Specific Me ad sp.aal Revlw supplement, and that the first publication of said notice ed in Ow Whelan Posed are requested to amo oe.piB was in said paper bearing the date of the aaeMasd mid be(heard. / ^ Shedd tie ippo.nt n Ci day of 1.."a sf , A.D., 19 4-2-- and bewasW pay desire the the last publication bearing the date of the press s at a at repair to mate♦record of the ppessedNw day of A.D., 19_ and lo is kept dung em hewing, that the said WINDSOR BEACON has been published Infilkin tio vissloan% continuously and uninterruptedly for the period of 5 Otitis shell be advisedvillidd y� consecutive weeks,in said County and State, prior to the as din Met Iseetw►g. date of first publication of said notice, and the same is a r�y�ers~pr of � newspaper within the meaning of an Act to regulate omi ewrOwro. printing of legal notices a d advertisements, approved K RI ALSO KNOWN that May 18, 1931,and all p ' a so far as in force. Me Ind and maps so owned by the Weld Count' Planning Cemmission may be eundisd in Ws ellim of ,7C, �Mdetry� Olen to ibe Bond a � ou LISHER In MA SOSO s Weld County Derdenniel Ceram 915 101, Sint d Few.SSW. Subscribed and sworn to before me this _T/A-t day a,of Li1 tr S'f 19 97 DontND OHS �Aavai f\Ott/ APPLICANT: Martin and Slilrby Ness,19756 weld NOTARY PUBLIC Downy Road It Greeley, My commission expires `j. PI, —I'5 . • n' A CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-45, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 4th day of August, 1992. Deputy Cler to the Board Moro Farms 19503 Weld County Road 66 Greeley, Colorado 80631 Michael and Paul Hungerberg 32500 Weld County Road 41 Greeley, Colorado 80631 Hoshiko Farms, Inc. 28607 Weld County Road 50 Kersey, Colorado 80644 Mark D. Vornholt P. 0. Box 218 Egnar, Colorado 81325 Roxie Croissant-Vornholt 1215 Third Eaton,Colorado 80615 Marlin and Shirley Ness 19755 Weld County Roaed 66 Greeley, Colorado 80631 920760 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 21, 1992 Page 3 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richar immel - • an-Hoffman - yes; Tom Rulon - yes; Bill O'Hare - yes; Jul oe - yes; Don Feldhaus - yes; Bud Clemons - yes. Motion carrie animously. CASE NUMBER: USR-973 NAME: Marlin and Shirley Ness ADDRESS: 19755 Weld County Road 66, Greeley, CO REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 20, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile northeast of the City of Greeley, located at 19755 Weld County Road 66. Marlin Ness, applicant, explained he wants to move his existing trucking business onto property he owns near his residence in an effort to save money and try to stay in business. They are currently located at 523 North 9th Avenue, in Greeley, and the facility is too large and the taxes are too high. Jean Hoffman asked how many acres he owns and if he will have adequate space for his existing home and the proposed business? Marlin Ness explained they own 1.7 acres which he feels is large enough for this proposal. Bud Clemons asked how many trucks he owns. The applicant said they own a total of 6 trucks, 4 long haul, and 2 local, and are not anxious to expand the business. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chairman asked if the applicant had any objections to the Department of Planning Services' recommendation. Marlin Ness said he had objections to Condition of Approval Number 3, regarding the Weld County Health Department's requirement for additional restroom facilities for the commercial trucking business. He explained this is a family owned and operated business and restroom facilities exist on site in the residence. Discussion followed regarding number of drivers on site at any given time and number of family employees. Jean Hoffman moved Case Number USR-973, Marlin and Shirley Ness, for an agricultural service establishment (commercial trucking operation) in the A (Agricultural) zone district be amended to include the deletion of Condition of Approval Number 3, which covered restroom facility requirements and the addition of Development Standard Number 3 which covers change of ownership. Bill O'Hare seconded the motion. 920760 EXtlli3r; G SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 21, 1992 Page 4 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Bill O'Hare - yes; Juliette Kroekel - yes; Don Feldhaus - yes; Bud Clemons - yes. Motion carried unanimously. Don Feldhaus expressed concerns regarding checks and balances on control by the County should the property transfer ownership. Lee Morrison explained the process. Jean Hoffman moved Case Number USR-973, Marlin and Shirley Ness, for an agricultural service establishment (commercial trucking operation) in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Bill O'Hare seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Bill O'Hare - yes; Juliette Kroekel - yes; Don Feldhaus - yes; Bud Clemons - yes. Motion carried unanimously. CASE NUM R: USR-976 NAME: John nd Marilyn Orth ADDRESS: 141 rairie Vista Drive, Bettendor , IA 52722 REQUEST: A Site Specific Development Plan nd a Special Review permit for a Home Bu iness (Professional hiropractic Office) in the A (Agricultu 1) zone district. LEGAL DESCRIPTION: Pa of the S2 SW4 of Section 18, T6N, R66W of the 6th P.M. , Weld ounty, Colora o. LOCATION: North of State H hway 392, ast of Weld County Road 25. Marilyn Orth, applicant, explai d t ey purchased the property in 1991, with plan to relocate and establish a home d a chiropractic office in the area. Jean Hoffman expressed concerns abou he amount of traffic in and out of the establishment during office hou . rilyn explained they are 200 feet off of Weld County Road 392, scheduled ppoint nts should not create a traffic problem. She has one employee, her daug ter, and h husband would be consulting for John Deere Company, strictly on t e telephone. \\ The Chairman asked if the e was anyone in the audience who wished to speak for or against this applicat on. No one wished to\ peak. The Chairman asked the applicant if they reed with the Departm nt of Planning Services' recommendation. Mari yn Orth asked if the placem nt of a sign needed to be included in the rec mmendation. She had forgottenNto include this in her application. Keith/ Schuett explained to the Planning Commission this could be incorporated into/their recommendation to the Board of Colanty Commissioners. 920760 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jean Hoffman that the following resolution be introduced for passage by the Weld County Planning Commission, with the deletion of Condition of Approval Number 3 and a numbering change, the addition of Development Standard Number 3, an addition to Development Standard Number 4, and a numbering change. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-973 NAME: Marlin and Shirley Ness ADDRESS: 19755 Weld County Road 66, Greeley, CO REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 20, T6N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 mile northeast of the City of Greeley, located at 19755 Weld County Road 66. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Area Goals and Policies. The City of Greeley Planning Commission reviewed this request on July 14, 1992 and determined the proposed use was not in conflict with the Greeley Comprehensive plan if certain conditions are complied with. These conditions are addressed in the development standards. The proposal is consistent with the intent of the A (Agricultural) zone district and is provided for as a Use by Special Review. E KH l t31 IT i3 920750 RESOLUTION, USR-973 Marlin and Shirley Ness Page 2 The uses which would be permitted will be compatible with the existing surrounding land uses which include farm production, oil and gas production, and rural residences. Conditions of approval and development standards will ensure compatibility. No objections have been received from surrounding property owners. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 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. Within 30 days of approval by the Board of County Commissioners, any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. Bill O'Hare seconded the motion. VOTE For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Bill O'Hare Juliette Kroekel Don Feldhaus Bud Clemons 920760 RESOLUTION, USR-973 Marlin and Shirley Ness Page 3 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 July 21, 1992. Dated the 21 t of Jul , 1992.4)Sharyn Ruff T- 4 Secretary 920760 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Marlin and Shirley Ness USR-973 1. The Site Specific Development Plan and Special Review permit is for an Agricultural Service Establishment (Commercial Trucking Operation) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The 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, except immediate family, for operation of the facility 4. Tractors and trailers shall not be stored outside on site beyond 7 days. 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. 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 commercial limit of 60 dB(A) , as measured according to Section 25-12-102, of the Colorado Revised Statutes. 10. The property shall maintained in compliance with S.A.R.A. , Title III. 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. 920760 DEVELOPMENT STANDARDS, USR-973 Marlin and Shirley Ness Page 2 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. 920760 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Marlin and Shirley Ness Case Number: USR-973 ",Submitted or Prepared Prior to Hearing At Hearing 1. Application 14 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. Field Check By Jean Hoffman X 12. July 2, 1992, Memo from John Pickle, Weld County Health Department X 13. July 10, 1992, Memo from John Pickle, Weld County Health Department X 14. June 24, 1992, referral response, Don Carrol, Weld County Engineering Department X 15. June 19, 1992, Memo from Ed Hearing, Weld County Office of Emergency Management X 16. July 14, 1992, referral response, West Greeley Soil Conservation District X 17. July 14, 1992, Letter, Greg Flebbe, City of Greeley X 18. July 2, 1992, Memo from John Pickle, Weld County Health Department, updated on July 16, 1992 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 July 24, 1992. n anner STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS 0 day of ��( 19 ct,a. SEAL i NOTARY PUBLIC MY COMMISSION EXPIRES JUNE 8, 1994 My Commission Expires _ 920760 -EXHIBIT INVENTORY CONTROL SHE Case U.5 Exhibit Submitted By Exhibit Description .7 ) ) ,k A. \03,_ ./.14 ,.,_ _o ►.` y,�� - - & -11)_ C. 3 / D. I-1� � 6�� E. F. G. H. I. J. K. L. M. N. 0. P. Q• R. S. T. U. V. W. X. Y. Z. 920760 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. BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE // (t S '\ 1 / - THE SIGN WAS POSTED BY: kV1u t� M-s T NAME OF PERSON POSTING SIGN SIGNATURE OF APPLIC T STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS3 DAY OF O kp1X - , 19 SEAL (l t , LTARcitaiy& . MY COMMISSION EXPIRES My Commission E.:pUe::November 21,t99b LAST DAY TO POST SIGN IS: (AAJT.I.Li.. , 199 PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 92C7g THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # t. c i( 373 THE SIGN WAS POSTED BY: Vv`W )( Y `iJ ss NAME OF PERSON POSTING SIGN d/ , O4c- SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS ( J - DAY OF 0/ ,, , 19 i (SST SEAL / \ JA,ah,c4Aith4i TARP PUBLomul My Commission expires November 21,1 MY COMMISSION EXPIRES 935 LAST DAY TO POST SIGN IS: J PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. • 00 ' • K. : < d y l S • 920760 Date: July 21, 1992 CASE NUMBER: USR-973 NAME: Marlin and Shirley Ness ADDRESS: 19755 Weld County Road 66, Greeley, CO REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 20, T6N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 mile northeast of the City of Greeley, located at 19755 Weld County Road 66. 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: This proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The City of Greeley Planning Commission reviewed this request on July 14, 1992 and determined the proposed use was not in conflict with the Greeley Comprehensive plan if certain conditions are complied with. These conditions are addressed in the development standards. The proposal is consistent with the intent of the A (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 farm production, oil and gas production, and rural residences. Conditions of approval and development standards will ensure compatibility. No objections have been received from surrounding property owners. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. 920760 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. Toilet facilities shall be installed for the proposed operation and the toilet facility shall be served by an individual sewage disposal system. This system shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 5. Within 30 days of approval by the Board of County Commissioners, any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 920760 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Marlin and Shirley Ness USR-973 1. The Site Specific Development Plan and Special Review permit is for an Agricultural Service Establishment (Commercial Trucking Operation) 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. Tractors and Trailers shall not be stored on site. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. Waste materials shall be handled, stored, and disposed of in a manner . that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the commercial limit of 60dB(A) , as measured according to Section 25-12-102, of the Colorado Revised Statutes. 9. The property shall maintained in compliance with S.A.R.A. , Title III. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. 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. 920760 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Marlin and Shirley Ness USR-973 Page 2 14. 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. 15. 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. 920760 COMMUNITY DEVELOPMENT C►ty woo 00 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 \ Greeley July 16, 1992 Keith Schuett, Current Planner Weld County Department of Planning Services 915 10th Street Greeley CO 80631 RE: WCR USR 973 - Ness Dear Keith: The City of Greeley Planning Commission, at its regularly scheduled meeting on July 14 , 1992 , reviewed the above-referenced proposal for a special use permit to allow commercial trucking repair in an agricultural zone. The Commission found that the proposal, as presented, with adequate right-of-way dedication, setbacks, complementary landscaping, building massing, material selection, and site design, is not in conflict with the Greeley Comprehensive ' Plan. In addition, the Planning Commission recommends that the use by special review permit should limit the material to be hauled to the type of material presented in the proposal. The Planning Commission further recommended that, as proposed by the applicant, the use by special review site not be used as storage for the trucks or trailers. Thank you for the opportunity to review and comment on this item. If you have any questions, please do not hesitate to contact our office. Sincerely, Grpg lebbe Planner II Uri I 1 y-116 jJUL 2g1992S Weld Caanfa Plannnp 9. 160 mEmoRAnDum 1119 O Keith A. Schuett To Weld County Planning Date July 2, 1992 COLORADO From / John S. Pickle, M.S.E.H. , Director, Environmental Health�rl Subject: Case Number: USR-913 Name: Ness, Marlin & Shirley'" Environmental Protection Services has reviewed this proposal; the following conditions// 2 are recommended to be part of any approval: (- 2, (4,-( t--1- The applicant is required to submit a plan for stormwater run off. This /( L(4 >plan shall be reviewed and approved by the health department prior to the / ,,,Ac) hearing before the Planning Commission. �/ 2. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 3. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health. 4. No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed 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) , as measured according to 25-12-102, Colorado Revised Statutes. 8. Adequate toilet facilities served by an individual sewage disposal system, are required for the proposed facility and is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 9. The Division recomends that this facility utilize existing public water supply. 10. Individual Sewage Disposal System permit must be approved and finalized by an Environmental Protection Specialist within one (1) year of the application date. Nj it JSP/jg-E1330 I JUL 0 6 1992 1 j v ,emu Weld County Planning 920n0 LAND-USE APPLICATION SUMMARY SHEET Date: July 14, 1992 CASE NUMBER: USR-973 NAME: Marlin and Shirley Ness ADDRESS: 19755 Weld County Road 66, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (commercial trucking operation) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 20, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile northeast of the City of Greeley, located at 19755 Weld County Road 66. SIZE OF PARCEL: 1.767 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 Referral Responses from: 1. Weld County Health Department 2. Weld County Engineering Department 3. Weld County Office of Emergency Management 4. Jean Hoffman No objections have been received by Department of Planning Services' staff from surrounding property owners. 920760 \- —,,•\'_ n _ . _ _ I�� I• • i C rmen 0.i 1 • I 1 ,. I. Si 1 32 32 32 ! sing', . e°Nt 1 I • 1°Correcfioo �_. ire Line •---.,—. .. ... Second _.__ '�: — I .. 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Schuett REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 20, TEN, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile northeast of the City of Greeley, located at 19755 Weld County Road 66. i LAND USE: N + y tf .e,+ . ��..•'� � r�� 4 rt_ E , ., / G2 z c C• c^ . �r.t•, J •f, T: c irGc�t. l/� y f 7 r S 2 �R.M-�_ ]`�� .....;_•''' L/`•.-L� Lek�, . 66 , ‘1.:.-c-/- w G dL- )/24_7-41 // /l,c.c. 44.0 di,'C.Gt`. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: r" �77 ♦ ,pp F /��,, ` Q d Fl-> r �• ! ,1p•r c r ri c: �7i�L.F, .K.. �`� ` .. * F? Ai ...t- • c Yee 7uzbt ell •'„-r %;: ) cw 1 LI_4/ Ct.-7 �c .. s e r•.r ,�, r� r.��.t -* ,: .a�,.. GS 447:C"-- . �-�f - � cZ,rc. .!�-C• r T. r A-0-4f. '. a' C,• / '2. /A-P L.: , u J a e •Gtit- r 2 19911 1M '^ tinrsng FIELD CHECK FILING NUMBER: USR-973 DATE OF INSPECTION: July 6, 1992 NAME: Marlin and Shirley Ness REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 20, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately one mile northeast of the City of Greeley, located at 19755 Weld County Road 66. LAND USE: N: Agricultural production E: Agricultural production, oil and gas tank battery, rural residence S: Weld County Road 66, agricultural production W: Agricultural production ZONING: N: A (Agricultural) E: A (Agricultural) S: A (Agricultural) W: A (Agricultural) COMMENTS: The property is as shown in the application materials. Access is off county road 66 a paved county local. A concrete irrigation ditch is located on the north west and east property lines. A new dwelling is located on the property. A. S huett Current Planner 920760 REFERRAL LIST NAME: Marlin and Shirley Ness CASE NUMBER: USR-973 REFERRALS SENT: June 18, 1992 REFERRALS TO BE RECEIVED BY: July 2, 1992 COUNTY TOWNS and CITIES _Attorney _Ault ✓R Health Department _Brighton Extension Service _Broomfield Emergency Management Office Dacono Sheriff' s Office _Eaton Engineering _Erie _Housing Authority Evans _Airport Authority Firestone _Building Inspection Fort Lupton _Frederick STATE _Garden City Division of Water Resources _Gilcrest _Geological Survey (/X 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 X 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 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 (/4 Greeley _Longmont West Adams COMMISSION/BOARD MEMBER vX Jean Hoffman 920760 Angr-yitormr• DEPARTMENT OF PLANNING SERVICES RECEiVEC JUN 1 9 192 PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 COLORADO June 18, 1992 CASE NUMBER: USR-973 TO WHOM IT MAY CONCERN: Enclosed is an application from Marlin and Shirley Ness for a Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 20, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately one mile northeast of Greeley at 19755 Weld County Road 66. 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 July 2, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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 . "Cr 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: d � /j 1 Agency: (alfz.nApiarist Date: 4,_aci—4a 920760 WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT PHONE(303)356-4000. EXT. 4250 OR 353-4224 ElID P.O. BOX 758 GREELEY,COLORADO 80632 C. COLORADO TO: Keith A. Schuett, Curre t Planner FROM: Ed Herring, OEM IL DATE: June 19, 1992 REF: USR-973 There is no indication of fuel tanks or storage. There is also no indication of bulk storage of chemicals. These two items would require compliance with SARA Title III. We have reviewed the request and find no conflicts with our interests. �f JUN 2 9 199L • Mid Goa- j i•?azsrg • 920760 (i:--474;;Ns\z, DEPARTMENT OF PLANNING SERVICES PHONE(303)3584000,EXT.4400 91510th STREET DGREELEY,COLORADO 80631 C. ti (3 El: COLORADO GR _ June 18, 1992 CASE NUMBER: USR-973 TO WHOM IT MAY CONCERN: Enclosed is an application from Marlin and Shirley Ness for a Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 20, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately one mile northeast of Greeley at 19755 Weld County Road 66. 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 July 2, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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 .ELJ c';..v,:„'r- does/does not) comply with our Comprehensive Plan for the following reasons. i .i": c2 J : 1 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 r qu�st and find no conflicts with our interests. F><�' //a eired 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed:C-G -- Sc" C'Agency: CC-"C /-47 Date: C", 920760 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-973 for Weld County Board of County Commissioners in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. This 19 day of June, 1992. 920760 11 DEPARTMENT OF PLANNING SERVICES PHONE(303)3584000,EXT.4400 915 10th STREET 111 p GREELEY,COLORADO 80631 Co COLORADO June 18, 1992 TO: SURROUNDING PROPERTY OWNERS CASE NUMBER: USR-973 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, July 21, 1992, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 1Oth Street, Greeley, Colorado concerning the request of: NAME: Marlin and Shirley Ness FOR: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 20, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile northeast of the City of Greeley, located at 19755 Weld County Road 66. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Keith A. Schuett, Current Planner. 920760 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE AND MINERAL OWNERS Marlin and Shirley Ness USR-973 Moro Farms 19503 WCR 66 Greeley, CO 80631 Michael and Paul Hungenberg 32500 WCR 41 Greeley, CO 80631 Hoshiko Farms, Inc. 28607 WCR 50 Kersey, CO 80644 Mark D. Vornholt P.O. Box 218 Egnar, CO 81325 Roxie Croissant-Vornholt 1215 3rd Eaton, CO 80615 920760 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Moro Farms 19503 WCR 66, Greeley, CO 80631 0803-20-0-00-031 " 0803-29-0-00-083 Hungenberg, Michael & Paul 32500 WCR 41, Greeley,CO 80631 0803-20-0-00-045 Hoshiko Farms Inc. 28607 WCR 50, Kersey, CO 80644 0803-29-0-00-080 920760 NAMES OF MINERAL OWNERS OF PROPERTY NAME ADDRESS Mark D. Vornholt P.O. Box 218, Egnar, CO 81325 Roxie Croissant—Vornholt 1215 3rd, Eaton, CO 80615 920760 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property SEt Section 20, T 6 N, R 65 W, Lot B of RE275 (19755 WCR 66) STATE OF COLORADO ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred feet of the property under consideration This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application' s submission date. The foregoing instrument was subscribed and sworn to before me this } day \.)V11.1 n , 199i'by WLTN%�,SS. my hand and official seal. :Ft' C� . '•Commi ysiSn expires: Si 4 e • N tart' Publi (f•tommi ,f+n Expires: rr n' M1y Commission expires November 21,1995 920760 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property SE}, Section 20,T 6 N, R 65 W, Lot B of RE275 (19755 WCR 66) 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. \WHIN n" 4t'O�A AR V\ 4r, ..+fhoear.'egoing instrument was subscribed and sworn to before me this r IOC': day of JW\9 _ , lR. 'WITNESS my hand and official seal. My Commission Expires: My eGrilin4livn C)pites Uwvtii ba21,1995 N tary Publ c 920760 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET ' GREELEY,COLORADO 80631 C. COLORADO June 18, 1992 Marlin and Shirley Ness 19755 Weld County Road 66 Greeley, CO 80631 Subject: USR-973 - Request for an Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone district on a parcel of land described as part of the SE4 of Section 20, T6N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Ness: 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 July 21, 1992, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Greeley Planning Commission for its review and comments. Please call Steve Hill, at 350-9783, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to July 9, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than July 10, 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. 920760 Marlin and Shirley Ness USR-973 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, for Keith A. Schuett Current Planner KAS/sfr 920760 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KEITH HANSEN, of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, unn.CESIE rre_HEAWC Service Establishment Services, 915 Tenth Street. in said County and State; and that the notice, of which (Commercial Truckle, Room 342,Greeley.Cant The Weld County Planning Operation)in the A(Agrloilosa 60631.bdore the shoes dela er the annexed 1 a true copy, has been published in said Commission will hold a public zonedistdd. presented at the public learnt weekly for successive weeks, that the notice hearing on Tuesday.July 21, - en July 21,1992..... 1992, at 1:30 p.m. for the LOCATION:Approximately t was published in the regular and entire issue of every purpose of considering a Site mile northeast of the City of espies of the application we number of the paper during the period and time of Specific Development Plan and Greeley,located at 19766 weld wobble ler pita inapt in and in the newspaper proper and not in a a Special Review ne mlt for the County Road W. .. publication, property described below. the Desanment.of Planning Approval of the request may SIZE:1.787 acres.more a ten Sereces, Room 3a2, Weld supplement, and that the first publication of said notice create a vested property right County Centennial Cealor.sts was in said paper bearing the date of the pursuant to Colorado Law. The public hearing will es WS in Tenth Street,Greeley,Cele00e the Weld County *131 - Phone . 3644_00. APPLICANT: Mann and Shirley Commissioners*Hearing ReamElosrNionaa90. r1S— day of 1 Lou_ , A.D., 19 "/Z— and NessLEGAL DESCRIPTION: First Floor, Weld Couely eddy the last publication bearing the date of the Part of the SEa of Section 20. Centennial Center,916 Ton* _ TBN.R65W of the 8th PM.. Street. Greeley. Colorado. wog county planning Weld County.Colorado. Comments or oblectkna to ad , day of , A.D., 19 and MbrsteddIn request Wail that the said WINDSOR BEACON has been published TYPE AND INTENSITY OF submitted In wiling to MPS T6 be g published in the WkMor PROPOSED USE:Agricultural County Deprm.nt of PINS aeon, continuously and uninterruptedly for the period of 5 consecutive weeks,in said County and State,prior to the To be palbbed Jur26.i 6s. s (4e6y date of first publication of said notice, and the same is a . newspaper within the meaning of an Act to regulate Published In the Windsor Beacon on June 25,1992. printing of legal notices and advertisements, approved May 18, 1931,and all prior is so far as in force. lifitif !!! LISHER Subscribed,and sworn to befors meeme this sJwlcc day of ��,„ NOTARY PUBLIC My commission expires 9-19-9,S-_._ • U jN. '1"1: 1992 I Weld_mien,plenRip 9 920760 RCC: �`v'/(1n / : 0 DEPARTMENT OF PLANNING S SERVICES PHONE(303)356-4000, 915 10th STREET GREELEY,COLORADO 60631 • COLORADO CASE NUMBER: USR-973 June 18 , 1992 TO WHOM IT MAY CONCERN: Enclosed is an application from Marlin and Shirley Ness for a Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone part of the R5W district. 6thhe parcel of land is Weld County, Coloradocribed . The location E4 of of theection parcel20, T6N, of land oW ohf the s plic Y for which this application has been submitted is approximately one mile northeast of Greeley at 19755 Weld County Road 66. 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 July 2, 1992, so that we may give full consideration to your recommendation. eco mendtiabout thee call Keith A. Schuett, Current Planner, if you have any questions 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: 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. JU� 1992 ll �(� Agency: Signed: ,LJ r9iC'L�OC;.' '`7 Mr 7110 Date: y 920760 a ' • COMMUNITY DEVELOPMENT , City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley July 16, 1992 Keith Schuett, Current Planner Weld County Department of Planning Services 915 10th Street Greeley CO 80631 RE: WCR USR 973 - Ness Dear Keith: The City of Greeley Planning Commission, at its regularly scheduled meeting on July 14, 1992 , reviewed the above-referenced proposal for a special use permit to allow commercial trucking repair in an agricultural zone. The Commission found that the proposal, as presented, with adequate right-of-way dedication, setbacks, complementary landscaping, building massing, material selection, and site design, is not in conflict with the Greeley Comprehensive Plan. In addition, the Planning Commission recommends that the use by special review permit should limit the material to be hauled to the type of material presented in the proposal. The Planning Commission further recommended that, as proposed by the applicant, the use by special review site not be used as storage for the trucks or trailers. Thank you for the opportunity to review and comment on this item. If you have any questions, please do not hesitate to contact our office. Sincerely, Greg lebbe �{ Pla er II V� JUL 201992 Weld County Planning 92076 l mEmoRAnDum WIlD o Keith A. Schuett To Weld County Planning Date July 2, 1992 ,4 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Health_ Subject: Case Number: USR-913 Name: Ness, Marlin & Shirley Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: CUL (yt The applicant is required to submit a plan for stormwater run off. This 7/ >plan shall be reviewed and approved by the health department prior to the 12 hearing before the Planning Commission. #9 2. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 3. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health. 4. No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed 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) , as measured according to 25-12-102, Colorado Revised Statutes. 8. Adequate toilet facilities served by an individual sewage disposal system, are required for the proposed facility and is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 9. The Division recomends that this facility utilize existing public water supply. 10. Individual Sewage Disposal System permit must be approved and finalized by an Environmental Protection Specialist within one (1) year of the application date. JSP/jg-E1330 JUL 0 6 1992 IL cj Weld County Planning 920760 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 II � Case Number USf. �-1Y7 Date Received V �1 [AZ Application Checked by Mylar plat submitted Application Fee C7 Receipt Number I ?A 1 c Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning the proposed Major Facilities of a Public Utility Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SE Section 20 T 6 N, R 65W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: SE a Section 20 T 6 N, R 65 W Lot B of RE275 19755 WCR 66, Greeley, CO 80631 Property Address (if available) PRESENT ZONE Agriculture OVERLAY ZONES None TOTAL ACREAGE 1.767 PROPOSED LAND USE Shop building to repair owner's trucks EXISTING LAND USE Personal residence SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Marlin and Shirley Ness Address: 19755 WCR 66 City Greeley Zip soial Home Telephone // 353-9296 Business Telephone # 356-195(1 Name: 0 a City Zip N op,, Business Telephone // PAULI41912T ED AGENT Alf different than above) : MAW:County Planning 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: Mark D. Vornholt Address: P.O. Box 218 City Egnar ZiP 81195 Name: Roxie Croissant—Vornholt Address: 1215 3rd City Eaton Zip 8n615 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 ) 11 A Lk `ll,z-r)-(i Signature: Owner or Authorized Agent Subscribed and sworn to before me this irk day of `f ,A 199) . V e > l JEeh-Q NOTARY PUBLIC My commission expires ni, Lf -c 15cti 920760 USE BY SPECIAL REVIEW APPLICATION INFORMATION Demar Trucking, Inc. c/o Marlin Ness 19755 WCR 66 Greeley, CO 80631 ITEM: 2A. PROPOSED USE: Mr. Ness' company, Demar Trucking, Inc. , business is to provide trucking services and a home base is needed to service his equipment which consists of four over-the-road trucks (hauling produce and meat out, and paper pro- ducts in), 16 trailers, and two local trucks hauling dirt. The drivers have a parking area at north Ninth Avenue in Greeley. Family shop employees will pick-up equipment and bring to the shop for repairs and service. 2B. NEED FOR USE: Mr. Ness needs to use his residence on Lot B, RE 275, a 1.767 acre tract, as the home base for this business. He would like to construct a new building on this subject property to provide an area for the maintenance of the com- pany's equipment and vehicles. There will be occasional parking of some of this equipment. 2C. SURROUNDING USES: The surrounding uses are primarily agricultural and residential properties. 2D. RESIDENTIAL PROXIMITY: The nearest residences are .25 mile to the East; .25 mile to the West; 1.0 mile to the North; 1.0 mile to the South. 2E. USERS: This is not a commercial operation and therefore the use is only by the company. 2F. EMPLOYEES: Shop employees consist of Mr. Ness and two of his sons. Demar drivers will rarely bring or pick up equipment at the shop. At present there are four drivers (maximum would be six) who would be dropping the equipment at a different locale. Normal operating hours will be during the day. Any night-time repairs would be within the shop building. 2G. WATER SOURCE: A domestic well provides water to the residence; we are not planning to use water in the shop, but if it is required, water could be provided by the North Weld County Water District. Letter is attached. 1 920760 2H ACCESS: Access to the site will be from the existing County Road 66. Access to County Road 66 would be from U.S. Highway 85 which is 3/4 mile to the West. 2I. TRAFFIC: Traffic will be company trucks and trailers coming in occasionally for service. Trucks empty weight of 33,000 lbs./with loaded trailer (occasion- ally) combined weight of 70,000 to 80,000 lbs. Frequency of about 12 times a week. 2J. SEWAGE FACILITIES: No sewage facilities are initially planned for the shop, but if it is re— quired we have a choice of two options. 1. We could use the residence septic system or 2. A new septic system for the shop could be built. It appears that the site is suitable for an Individual Sewage Disposal System as the area is 1.767 acres and the soil is Otero Sandy Loam with rapid permeability. 2K. FIRE PROTECTION: Fire extinguishers will be placed in the shop building (ABC-#10). The area is served by the Eaton Fire Protection District. 2L. ANIMALS: There are no animals involved with this use. 2M. WASTE: The normal waste generated by this use will be contained within the building and properly disposed of by the owner. 2N. STORM WATER FACILITIES: No storm water facilities are planned for this site. Due to the samll amount of improvements, the 1800 SF building and some gravel access areas, and the large amount of open space on the site, there will be a minimal amount of in- crease in the storm water runoff amounts. Natural drainage is N.E.ly to a low area at the northeast corner of the tract. Minor grading will improve this area to adequately handle the increase in storm water runoff. 20. WASTE REMOVAL: Normal wastes generated by this use will be collected in recepticles, stored within the building and properly disposed of, as needed, by the owner. 2P. LANDSCAPING: The proposed shop lies North of the residence and 200 ft. (more or less) from the road. The residence will provide some screening from the County road. The shop building will look no different from the many farm shops on the surrounding farms. The yard will be graveled with some paving to prevent erosion and trees will be planted along the West property line (six trees approx.) There are already four trees on the South property line along Road 66. 2 920769 2Q. RECLAMATION PROCEDURES: None are proposed. This site will have the minimal improvements re- quired for the operation of the shop and parking areas. Similar uses would occupy the site if the owner ceases his business. 2R. TIME TABLE: Construction of the improvements on this site would begin as soon as approvals and permits can be obtained, and completion would be within two months. 3. SUPPLEMENTARY INFORMATION: 3A. COMPREHENSIVE PLAN: 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 now provides for a single residence. 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 family employees and minimal other traffic. 4. The streets and utilities are in place. The proposed use will be an owner occupied site. 3B. ZONING DISTRICT: The proposed use is consistant with the intent of the Agricultural Zoning District. The use will serve the agricultural community. Through this Use By Special Review process, there will be adequate controls. 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. Traffic operations would not be any different from existing operations in the area. 3E. COMPATIBILITY WITH EXISTING USES: This use is similar to other farming operations and is compatible with the adjoining farmland. The proposed use does not create high traffic or parking problems, excessive noise or air pollution, or safety pro- blems. 3F. COMPATIBILITY WITH FUTURE USES: The use is not intensive and would be compatible with the foreseeable future uses of the area. 3 3G. OVERLAY DISTRICTS: The area is not within any geological hazard area or airport overlay district. 3H. WATER SUPPLY: The proposed use has no water demand. Water is from a domestic well, but North Weld County Water District could serve 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 regulations. 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. 4 920769 B 1173 REC 02118218 10/19/87 14146 53.00 1/001 AR2118218 F 1641 MARY ANN FEUERSTEIN CLERK E. RECORDER WELD CO, CO•Xy i ' II�Ia+� ��iw 1 k `p �`' THIS DEED is a conveyance of the reel property desctibod below.including any improvements and other appurtenances(the y C ! 'property'(Iron,thelndividual(s),corporalionlsl.pannerahlp(a) or otherenllly(ies)named below as GRANTOR to theindivldual)a) e or eninypeal mined below ea GRANTEE _ it Xt,4 The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the Idle to the property.41;44/ I 1O except for(II the lien of the general property taxes for the year of this deed,which the GRANTEE will pay 12)any easements end ', $ S y{ { rights-of-way shown of record(3)any patent reservations and exceptions p)any outstanding mineral inleraata ahownof record le) ;5 a it'. , any protective covenants and restrictions shown of re cord,and(6)any additional matters shown below under"Additional Warranty I ;A Exceptions"r ,! ^' The Specific Terms of This Deed Are: 1 ' i� 1 `', A Grantor lawn name(*)andpland of residence it the spouse of lb owner-grantor b pining In this Deed to release homestead rights,identity t grantors as husband and wits) ,. State Documentary Fee THOMAS L. DUSIN �/i�Iy� q _ v F + 5601 18TH STREET #8, GREELEY, CO 80634 Gate.-DG-AL.�L.._.-. C ' 41 ,! (Gas;. ,.)l-"+le '' Grantee Woo mmalat and addraaalegi ateiamenl el eddrasa,including available road re street number,N rseulrad,I .1*" y7, }•)' 9 ` l! MARLIN NESS AND SHIRLEY NESS t ^1 ( Form of Co-Ownership: (lit Mere are two or more grantees named,ing will be congealed la be as lonells a Common union wwprdeln i 1 ) " kur ' l, `kit,1 pmt lanancy'Or wads of IM same meaning are added in the slugs bbw.)q 1 IN JOINT TENANCY lit ) #12-74 R i J < ) Property Deaerlplbn: (Include courtly and stale) "4 '•: . ' "°': t 1, 4P Lot B of Correction Plat of Recorded Exemption No. '2.,,,,.,4 �` { ,�; 0803-20-4-RE275, recorded November 18, 1981 in Book 953 under ., t r dr * X :' la, t! '"21 £4 1. Reception No. 1874867, Weld County Records, being a part of the a • `'r ¢5.y1.2, d, Jt4 Southeast Quarter (SE114) of Section Twenty (20) , Township Six 1 ""42,-1, . j 'In *,•''ti (6) North, Range Sixty-five (65) West of the 6th P.M., County of y r` t71,7 s, 4`:.1 Y Weld, State of Colorado. ) g I'''.._ ft'„'y� ct (014')'‘'''22'' S n't 8,;:z.♦, rig d' $M Property � 19755 WCR 66, GREELEY, CO 806313. �' ��, y i, ,t, Considantion: (TMMaeenean W a dWW amount a eptaW:aleraite eonetderWdn fa eW deedwi Mpaotmee eN thiaewwgenee lb " Mytsd`y t )'e ' iaenbeed as a per.n any ease cos conveyance le aMWw.Mon old wtmndltW W.) el Tr d .)* d• r,8kf' TWENTY EIGHT THOUSAND AND NO/100 $28,000.00 O - ti. 7F' ) 1` ` ' Reaellslo.n.Nedlncdens: Ill the onAnTORWerdseranmany interest inlhapeq"lyoremwaylwmas.ew .cede WIANTO0 do bye '3 r 1S,. 'r I, a,d prd a enhctmg the GRANTEE'S right a Me prepay.melte appree b bselen.) } t 4- s NONE fi^e. )r a t R L ,, gem ,' • t t a MONISM Werrality R.depRdns: (Iptuda daade of maw being assented and oaar melon nee ceased ewe) t« r � " Y NONE k� to rya, 1. n 1: ' krei ty i d '2f.'",.'.-/ k yiH!A 1 £ay4• . c ^+ ., 2 .4 Eawwe how aeeoren OCT. 14TH. ,el �Z l a,l + t a�:P'$" r I. l ;, arse weeeCommieaeeaewrnaaw__ roes M—Wisp p-.''t'ic 1l r_. )y$* ° y wee el dew. cawwen,►re.Nde a Arpwel �tM Ones n� T OMAB L. DUSIN ,, , r.r r Ogren NI„.,,x ' i Et 4 t;a L r �' r ti • r , .r . r t y'i4'Y'77s a team me INr 14TH a re w OCTOBER non 87 e k s o- t $,,, �; t 4 vµ tg.r� .t •T.r. e� /�f /91 t<. .,,, .:•,,.4",l, 7",' �ti.''�4 ,rr tdteel IIIIa1 s ec " 1 r t t J U ,,t� AT; r P' l (1 TM Mve,01w MMnewedged Wee rte Mel Neel .1e 101: i 1� } n in0. , ? 4'y ' i. raw.....colors.riles".des -sc.f.nn.nn.mggarAaanwan.RenweW FpII :weir sag sit sereerren:p n Naprls)N preerOM:r N euthenist eaeaWlal 0 rtes aWMaaiMMFeMeW sneelraWreg S a ^is r S'ti', K'" I mouse my send and Sere(non. „(1.4.,;', say Swanton neeaa: ® •tell aROAre sign Plebe r��,/ ►yJ\ Oa Mt ,i ma Sea 1104.040040y.Lalonde Nail ///' v ' tJQJ all ti l - p /`'It 4.'::..] atmt i2 a ASI ) 4'44 S i y ,•. � : )s „ BOARD OF DIRECTORS ERNEST TIGGES �: NORTH WELD COUNTY WATER DISTRICT �`� GARY SIMPSON HIGHWAY 85 • LUCERNE, COLORADO 80646 ERNEST ROSS ion& v CWM HARLES ACHZIGER 1'V LYLE NELSON, MGR. P.O. BOX 56 • PHONE 356-3020 June 16 , 1992 RE : Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: 19755 WCR 66 1, Water service is presently being provided to the above described property. 2. x Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments: Sincerely, NORTH WELD COUN Y WATER DISTRICT e D. Nelson, Manager NDL/ds Marlin Ness 9207491 SOIL SURVEY OF WILD COUNTY, COLORADO, SOUTHERN PART United States Department of Agriculture, Soil Conservation Service, I in cooperation with the Colorado Agricultural Experiment Station �y� • , M1s s'�w.vr 14',4.;.".. i,t a �, . 8740. 3 ) 'o- a �.1 9Pv `�y''xa 4", 7 1 ° ;. ti { . e;, Iw,P^„�I ,'la kc • i $3' 4a,xlee, * ./.. � _ y' j • ', :�'a.4r^" " ' . '+ r , (' } ' �' t . r t'tT * i 01 1°�:,. ski `� t1 15 r r ew1#iii ��t Y ` 4i, h �I I c 'i A ` v } 51 �, ',v v r ,,<ac, �, ,,S ,, t ��nn v.. I sir' q. r '! �� • , 4,4•;; (,!,.i, A� 41 , apt:r a'.,} ;Lb � v r.tN .{ v t� _ 7! Xrr •Ay7 liT a I r3 � 1 ° {C I; ?='�₹ T�:. ` ,r'h� ''^shy,5 n tL ,�F d' � ��• } .,;. �' { , t r, r�q r . a pp 'r J . \ " . 3s a 15 �` `h r s} .- E, _+ I 1 I 1 ;�� , ,f 1 �yY r L• �x PW'CFt y 1 1 A"Fw iA ,-,��A s.nq 4, re B C9 *.,4.i'° 1 r v t t N ' , 1 11� t ,� �4 >�. R f8Y �6'fib{ IG` Weorn•{ f v 78 :;i:fi 7, �f 1 X51 r�. �? , 41,\:"7-r! 4 4 04 ro \� �� ,1m t ,� I. '' �R @"AI '41J 22�� w 1' �, 1 ;"7.1:—"4 naf a5'A,,APr. Y11 '�q1� 4' 7s t o � '. � p1� ihmilithilip Imo. 1s A� oi ° 7 T. 't h r, 1.1111 f ,s j 4t .1 15 n . 4 µr•50 u'y1(rtr -0 114 « • t 7p{ �,tr� ', 1;'''•/ { • 7, 24 1�/� tti' t , 1`4 1. . w1 { �1 q '�10 goiv t ,;‘1,414$::.7 a . n, ti 52 ,t • � e. � I 1 ° v \ 248 �� .Air55 (t44 � t 1 32 At5ti'(g��t' 1 1 � i • ,,,,....A((Y '�r� PAP _� ^a"tk YYi1f{�� 1{�'.1c ; �� 46 '1 4 y� �7 k MMM ty , 33 t ,SSM • k , { „ 51'. _arM6 10l b0.`" v j w 4!,w"iC ,l I 1 4 FH jv c':S !,. "'/ cl, ,7� yRN ,. "i?' t,.t }> a A -4 e , 1 , N r.s `A +f ' 51r,ry 23 /Cr ftzt'�i 3rn +( z rt �, "3�' , - I _ 1 1k .ri P . t 4 IS n1 1a F 732a n( J�y fi�S . 44,4 � �;'vr{ �r A, ,1 , li50pu 4t k1.Y4ktrj, rxf, ftct° 7 ✓1 � 4r ' '3. t 1 - �Y5. t , mI 43 . v 'Al 1A "y 7 51 1 1 +J4' v r Or,. • *t. 34 }I 11 a i fit ^+7g,a f 3 ,7 .y � i.^A v." ' :`'1`, v a r ,. ✓ t `.`r .ty, \�\� y i � 3/44,i es, �.'1 Miri rAi, t ` f k �4 3 ' 51—Otero sandy loam,-1. to 3 percent slopes. This is a Wildlife is an important secondary use of this soil. deep, well drained soil on plains at elevations of 4,700 to - Ring-necked pheasant, mourning dove, and many non- 5,250 feet. It formed in ,mixed outwash and eolian game species can be attracted by establishing areas for deposits. Included in mapping are small areas of soils that I:-nesting and escape cover. For pheasants, undisturbed have loam and-clay loam underlying material nesting cover is essential and should be included in plans Typically the surface layer, is brown sandy loam about for habitat development, especially in areas of intensive 12 inches thick. The underlying material to a depth of 60 agriculture. -. inches is pale brown calcareous fine sandy loam. Rapid expansion of Greeley and the surrounding area Permeability is rapid. Available water capacity is has resulted in urbanization of much of this Otero soil. moderate. The effective rooting depth is 60 inches or This soil has excellent potential for urban and recrea- more. Surface runoff is slow; and the erosion hazard is I clonal development. The only limiting feature is the low. I moderately rapid permeability in the substratum, which This soil is used almost entirely for irrigated crops.'It causes a hazard of ground water contamination from is suited to all crops commonly grown in the area. Land sewage lagoons. Lawns, shrubs, and trees grow well. leveling, ditch lining,- and installing pipelines may be ` Capability subclass IIIe irrigated, IVe nonirrigated; needed for proper water application. Sandy Plains range.site. All methods of irrigation are suitable; but fun-ow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. -- 78—Weld loam, 0 to 1 percent slopes. This is a deep, In nonirrigated areas this soil is suited to winter wheat, well drained soil on smooth plains at elevations of 4,850 to barley, and sorghum. Most of the acreage is planted to 5,000 feet. It formed in eolian deposits. Included in winter wheat. The predicted average yield is 28 bushels mapping are small areas of soils that have a subsoil of per acre. The soil is summer fallowed in alternate years loam and light clay loam. Also included are some leveled to allow moisture accumulation. Generally precipitaiton is areas.` too low for beneficial use of fertilizer. Typically the surface layer of this Weld soil is brown Stubble mulch farming, striperopping, and minimum til- loam about 10 inches thick. The subsoil is brown and pale lage are needed to control water erosion. Terracing also ` brown heavy clay loam and light clay about 20 inches maybe needed to control water erosion. thick. The substratum to a depth of 60 inches is silt loam. The potential native vegetation on this range site'is -- Permeability is slow. Available water capacity is high. dominated by sand bluestem, sand reedgrass, and blue The effective rooting depth is 60 inches or more. Surface grama. Needleandthread, switchgrass, sideoats grams, runoff is slow, and the erosion hazard is low. and western wheatgrass are also prominent. Potential This soil is used almost entirely for irrigated crops. It production ranges from 2,200 pounds per acre in favora- is suited to all crops commonly grown in the area includ- ble years to 1,800 pounds in unfavorable years. As range } ing corn, sugar beets, beans, alfalfa, small grain, potatoes, condition deteriorates, the sand bluestem, sand reedgrass, and onions. An example of a suitable cropping system is 3 and switchgrass decrease and blue grama, sand dropseed, to 4 years of alfalfa followed by corn, corn for silage, and sand sage increase. Annual weeds and grasses invade sugar beets, small grain, or beans. Few conservation prac- the site as range condition becomes poorer. tices are needed to maintain top yields. Management of vegetation on this soil should be based All methods of irrigation are suitable, but furrow ir- on taking half and leaving half of the total annual produc- ligation is the most common. Barnyard manure and corn- tion. Seeding is desirable if the range is in poor condition. ! mercial fertilizer are needed for top yields. Sand bluestem, sand reedgrass, switchgrass, sideoats Windbreaks and environmental plantings generally are grama, blue grama, pubescent wheatgrass, and crested ! well suited to this soil. Summer fallow a year before wheatgrass are suitable for seeding. The grass selected planting and continued cultivation for weed control are should meet the seasonal requirements of livestock. It can needed to insure establishment and survival of plantings. be seeded into a clean, firm stubble, or it can be drilled Trees that are best suited and have good survival are into a firm prepared seedbed. Seeding early in spring has Rocky Mountain juniper, eastern redcedar, ponderosa proven most successful. pine, Siberian elm, Russian-olive, and hackberry. The Windbreaks and environmental plantings are generally shrubs best suited are skunkbush sumac, lilac, Siberian suited to this soil. Soil blowing, the principal hazard in Peashrub, and American plum. establishing trees and shrubs, can be controlled by cul- Openland wildlife, such as pheasant, mourning dove, tivating only in the tree row and by leaving a strip of and cottontail, are best suited to this soil. Wildlife habitat vegetation between the rows. Supplemental irrigation development, including tree and shrub plantings and . grass plantings to serve as nesting areas, should be suc- may be needed at the time of planting and during dry, ' periods. Trees that are best suited and have good survival cessful without irrigation in most years. Under irrigation, are Rocky Mountain juniper, eastern redcedar, ponderosa good wildlife habitat can be established, benefiting many pine, Siberian elm, Russian-olive, and hackberry. The kinds of openland wildlife. shrubs best suited are skunkbush sumac, lilac, and Siberi- This soil has good potential for urban and recreational an peashrub. - development. The chief limiting soil features for urban development are the shrink-swell potential of the subsoil as it wets and dries and the limited capacity of the soil to support a load. Lawns, shrubs, and trees grow well. Capa- bility class I irrigated. .. 92076 0 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, July 21, 1992, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Marlin and Shirley Ness LEGAL DESCRIPTION: Part of the SE4 of Section 20, T6N, R65W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone district. LOCATION: Approximately 1 mile northeast of the City of Greeley, located at 19755 Weld County Road 66. SIZE: 1.767 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, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on July 21, 1992. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4OOO, Extension 44OO. Bud Clemons, Chairman Weld County Planning Commission To be published in the Windsor Beacon. To be published one (1) tim une 25, 1992. Received by: Date: 6 920760 DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 VI ID 915 10th STREET GREELEY,COLORADO 80631 C COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, July 21, 1992, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Marlin and Shirley Ness LEGAL DESCRIPTION: Part of the SE4 of Section 20, T6N, R65W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Agricultural Service Establishment (Commercial Trucking Operation) in the A (Agricultural) zone district. LOCATION: Approximately 1 mile northeast of the City of Greeley, located at 19755 Weld County Road 66. SIZE: 1.767 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, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on July 21, 1992. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Bud Clemons, Chairman Weld County Planning Commission To be published in the Windsor Beacon. To be published one (1) time by June 25, 1992. Received by: Date: 920760 Hello