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Home My WebLink About911338.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN EXPANSION OF A NONCONFORMING USE (FLOW METERING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - COLORADO ENGINEERING EXPERIMENT STATION, INC. 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 6th day of November, 1991, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Colorado Engineering Experiment Station, Inc. , P.O. Box 41, Nunn, Colorado 80648, for a Site Specific Development Plan and Special Review Permit for an expansion of a nonconforming use (flow metering facility) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SE;, Section 36, Township 10 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Steve Caldwell, co-owner of said facility, 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. The proposal is consistent with the Weld County Comprehensive Plan's Agricultural Goals and Policies. This Special Review Permit area is located on non-productive agricultural land. b. The proposal is consistent with the intent of the A (Agricultural) Zone District. The flow metering facility is located on nonproductive farm ground and will not interfere with crop or livestock production. As an expansion of a nonconforming use, the flow metering facility is provided for as a Use by Special Review. PL0851 911338 c e % pi. ) HA n PI Page 2 RE: USR - COLORADO ENGINEERING EXPERIMENT STATION, INC. c. The proposed Use by Special Review will be compatible with existing surrounding land uses which include dryland pasture and rural residences. The proposed use of the property will be compatible with the future development of the surrounding area as permitted by the A (Agricultural) Zone District. The Town of Nunn is located approximately 6 miles to the southwest of the Special Review Permit area. The nearest residence to the Special Review area is 1.5 miles. 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 expansion of a nonconforming use (flow metering facility) 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, the existing septic systems shall be reviewed by a Colorado registered professional engineer and a copy of that review shall be submitted to the Weld County Health Department for review and approval. 4. Prior to recording the Special Review plat, evidence shall be submitted to the Department of Planning Services that the State Engineer, Division of Water Resources, has approved the water supply for the uses included in this Special Review Permit. 911338 Page 3 RE: USR - COLORADO ENGINEERING EXPERIMENT STATION, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of November, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST 414 WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED Gordon E. Lacy, Chairman /// / '1 By: l 121/7-1y Deputy Cleric to the ar Geoye Kennedy, Pro-Tem APPROVED AS TO FORM: �� 2- Constance L. Harbert 77-",/� /,,/ EXCUSED DATE OF SIGNING �- ti/�� C unty y/i ,ri Attorney C. W. Kirby )tehdo ) W. H. Webster 911338 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS COLORADO ENGINEERING EXPERIMENT STATION, INC. USR-954 1. The Site Specific Development Plan and Special Review Permit is for an expansion of a nonconforming use (flow metering facility) in the A (Agricultural) Zone as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Fugitive dust shall be controlled on this site. 6. The property shall be maintained in compliance at all times with requirements of S.A.R.A. , Title III. 7. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 8. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 9. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 10. Personnel from the Weld County Health Department, the Office of Emergency Management, the Nunn Fire Protection District, and the 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. 11. 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. 911338 Page 2 RE: DEVELOPMENT STANDARDS - COLORADO ENGINEERING EXPERIMENT STATION, INC. 12. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 911338 A - HEARING CERTIFICATION DOCKET N0. 91-56 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN EXPANSION OF A NONCONFORMING USE (FLOW METERING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - COLORADO ENGINEERING EXPERIMENT STATION, INC. A public hearing was conducted on November 6, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman - Excused Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Jan Allison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated October 14, 1991, and duly published October 24, 1991, in The New News, a public hearing was conducted to consider the request of Colorado Engineering Experiment Station, Inc. , for an expansion of a nonconforming use (flow metering facility) in the A (Agricultural) Zone District. Jan Allison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, recommended the Resolution of the Planning Commission and the Planning staff's recommendation be entered into the record as written. Mr. Schuett said this operation started in the 1960's and is now expanding. Steve Caldwell, Vice President of Colorado Engineering Experiment Station, Inc. , represented the applicant, and explained the need to build an office facility above ground at the missile site. He said this is their 25th year of operation. In response to a question from Commissioner Harbert, Mr. Caldwell said he has no problems with the Development Standards. Commissioner Harbert moved to approve the request of Colorado Engineering Experiment Station, Inc. , for a Site Specific Development Plan and Special Review Permit for an expansion of a nonconforming use (flow metering facility) in the A (Agricultural) Zone District, based on the recommendation 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 Kirby. There was no public testimony offered concerning this matter, and the motion carried unanimously. Mr. Caldwell said the project is finished, and there will be an open house on Friday from 12:00 to 6:00 p.m. This Certification was approved on the 13th day of November, 1991. / /� /4dIell APPROVED: ATTEST: a ( ��,/ BOARD OF COUNTY COMMISSIONERS /�2lGWELD COUNTY, COLORADO Weld County Clerk ,to t e Board , /71 EXCUSED By: / //^�z e�/ �t '�'-e Gordon Lacy Chairman Dep uty Clerk to the Bo /tic' Geo g -Te�� TAPE #91-32 Constance L. Harbert DOCKET 1191-56 EXCUSED DATE OF APPROVAL C. W. Kirby �{�/r"q /I �/- PL0851 /�� 1 h 4)47X--q-1 W. H. We ster 911338 PL03J p� CC ' 1 L. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 6th DAY OF November , 1991: DOCKET (I 91-52 - Permagreen, c/o Roxy Vendena - Show Cause Hearing DOCKET 11 91-56 - Colorado Engineering Experiment Station, Inc. - USR DOCKET )I DOCKET DOCKET # PLEASE write or print your name legibly, your address and the DOC # (as listed above) or the name of the applicant of the hearing you are attending. . NAME ADDRESS HEARING ATTENDING Novi !. \fel:th &A ril(Y 'Thnr:e Q-r\ 1-e_e. t 7/- -51A- ,41 ,: s PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on November 6, 1991, 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: Colorado Engineering Experiment Station, Inc. P.O. Box 41 Nunn, Colorado 80648 LEGAL DESCRIPTION: Part of the SEq of Section 36, Township 10 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Site Specific Development Plan and Special Review Permit for an expansion of a nonconforming use (flow metering facility) in the A (Agricultural) Zone District SIZE OF PARCEL: 27.1 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 CLER�K'"T�O� THE BOARD BY: o�LiJ:xx c yK.itt he Boa Board Deputy Cl k to the Board PUBLISHED: November 14, 1991, in The New News 911 1 n ,n n • PUBLIC NOME STATE OF COLORADO ) TO lc.- • The Board of County . s.s. Commissioners of Weld COUNTY OF WELD County, Colorado, on November 6,t99t, conditionally approved a Site Specifl! Development Plan David S. Reynolds, being duly sworn, and Special Review Permit for says that he is publisher of the property and purpose described below. Conditional The New News, a weekly newspaper approval of this plan creates published in Keenesburg in said County persuant to Article 68 of the and State; that said newspaper has a 24, C.R.S., as amended, for a general circulation in said County Period of three years. and has been continously and APPLICANT: Colorado tedl Engineering Experiment • uninterru P y • published therein, Station, Inc., P.O. Box at, during a period of at least Nunn, Colorado 60648 fifty-two consecutive weeks prior to LEGAL DESCRIPTION: Part of the first the SE of Section 36, publication of the annexed Township 10 North, Range 66 notice; that said newspaper is a West of the 6th P.M., Weld newspaper within the meanin of the county, Colorado g TYPE AND INTENSITY OF Ott O1 the General Assembly of the APPROVED USE: Site Specific State of Colorado,, entitled "An Act Development Plan and Special Review Permit for an to regulate the printing of legal expansion of a nonconformint notices and advertisements, " and use flow metering facility) in the amendments thereto; that the notice District AlAgncultural) Zone of which the annexed is a printed SIZE PA or 27.1 acres, copy taken from said newspaper, was Failure to abide by the terms and conditions of approval published in said newspaper, and in will result in a forfeiture of the regular and entire issue of the vested property right. BOARD OF COUNTY every number thereof , COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN once a week for CLERK TO THE BOARD successive weeks; that said notice BY: Shelly K Miller was so p p Clerk to the Board published in said news pap er ttina u November 14, proper and not in any supplement list in The New Neese thereof , and that the first publication of said notice as aforesaid, was on the • 21, day of MIN -, 19 ) p and the last on the LI_ day of Subscribed and swo n o before -61 me this cigo_ day of /'L L)4, , 1922— . • MV Commis--"Pn o',:7mF M,{trio "J cio9 f# I—1,. a J 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: 91-56 APPLICANT Colorado Engineering Experiment Station, Inc. P.O. Box 41 Nunn, Colorado 80648 DATE: November 6, 1991 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and a Special Review Permit for an expansion of a nonconforming use (flow metering facility) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SE,' of Section 36, Township 10 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 mile north of Weld County Road 108 on the west side of Weld County Road 37 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: October 14, 1991 PUBLISHED: October 24, 1991 in The New News all .,,1..,.� • --- -- ---- C, .. - Ci ':, TO "�N'v c,- --'. • STATE OF COLORADO Is.s. COUNTY OF WELD 1 David G. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keeeesburg in said County and State; that said newspaper has a NOTICE general circulation in said County Pursuant to the zoning laws o[the and has been eontinously and State of Colorado.and lha b11a County Zoning Ordinance, P • uninterruptedly . published therein, hearing will be held m the during a period of at least Commissioners.f theouutt of Cou ty fifty—two consecutive weeks prior t0 Colorado, Weld County Centennial the first p Center,Greeley,16 Colorado anFilie publication of the annexed Floor, Greeley, time specified. All persons in any notice; that said newspaper is a manner interested in the Sn' newspaper within the meaning of the Speciuc ueeVIS, eF Plan and Special Review Perndt area act of the General Assembly of the egpealea to attend and may be heard. State of Colorado,, entitled "An Act sbppla the apni.cant or am interested party desire the to regulate the printing of legal garr: of a court proceedings ti gs gar: record of the proccedhiga notices and advertisements, " and in addihuu to the taped. icumd w hick adl be kept durwg We hearing, the Clerk to the Beard s amendments thereto= that the notice Office shall be advised m µruing of such action at least five days of which the annexed is a printed prim' to the hearing. The cost ut engaging a court reporter shall be borne by the repuesting yard. Copy taken from said newspaper, was BE 11 ALSO KNOWN nat the published in said newspaper, and in • ext and maps so certified by the Weld County Planning Conmusswn the regular and entire issue of fice of IheyClerk to Boarthe eof`County every number thereof , Commissioners, on m the Weld Count Centennial Center, 915 10thtree°, Third Floor, I Greeley Colorado. Grea;r'NO'. 91-56 OnC@ i W@@k for Colorado APPLICANT T: p successive weeks; that said notice Innc.PO Box a1,eNunq Colu aide was so published in said newspaper DATE:November 6,1991 proper and not in an su lemen TIME: 16:00 a.m. p any . supplement C REQUEST: evQUES::nt tan Site and a Special thereof , and that the first for a of a µ noPermit o f ooiing i nsepa l flow publication of said notice as meterinngg Eamlity) m the A aforesaid, was on the Agricultural) Zone District LEGAL DESSCRIPTION: Part of //�,� the SE1/4 of Section 36 Township ad day of \ J ` 10 .,We Range 66 West of he 6th (� P.M. Weld County,Colorado -, 19 -I J , LOCATION: Approxm�ately 1 mile north of Weld County Road 106 on 'r_�) the west side of Weld County and the last on the day of Road 37 BOARD OF COUNTY O �- COMMISSIONERS BY: DONALD D.WARDEN ' 1 • WELD COUNTY CLERK TD THE BOARD Henson BY: Dep Byyet yerk 9 the Beard A DATED: October C 14,1991 e Neu N , P BLISHED:October 24, 1991 in Subscribed and swo n o before ,, m@ this � day of ,�74-fm...,,,b , , 19�L. o my Commissinn ext3ITT r�,A2t�h1519 7 ;31_172 c."1. CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #91-56, was placed in the United States mail, postage prepaid, addressed to the following property owners. James A. and Ina Mae Lawrence P.O. Box 901 Eaton, CO 8061.5 C.A.R.D. , Inc. Route 1, Box 27 Nunn, CO 80648 U. S. Government Land Management, Bureau Colorado State Office 2850 Youngfield Denver, CO 80203 DATED this 14th day of October, 1991. Deputy to the Board f�Fp `3 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 3, 1991 A regular meeting of the Weld County Planning Commission was held September 3 , 1991, in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Chairman, Bud Clemons at 1:30 p.m. Tape 401 Roll Call Richard Kimmel Present Jean Hoffman Present Judy Yamaguchi Present LeAnn Reid Present Don Feldhaus Present Shirley Camenisch Present Bud Clemons Present Also present: Rod Allison, Principal Planner, Department of Planning Services , Lee Morrison, Assistant County Attorney, Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on August 6 , 1991, was approved as corrected. CASE NUMBER: USR-954 APPLICANT: Colorado Engineering and Experimental Station, Inc. REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a non conforming use (Flow Metering Facility) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 36, T10N, R66W of the 6th P.M. , Weld County, Colorado . LOCATION: Approximately 1 mile north of Weld County Road 108 on the west side of Weld County Road 37. Steve Caldwell, co-owner, Colorado Engineering and Experimental Station, Inc. , explained the business has been operating in an old missile site for the past 25 years . It is a very unique operation consisting of 27 . 1 acres , all underground. This proposal is for expansion of office space, to be located above ground. Jean Hoffman asked about the two commercial wells and what progress had been made with the State Engineer. Rod Allison explained this was addressed in Condition of Approval #4. In order to cover all uses and structures proposed in the application, Rod also recommended Condition of Approval #5 be added. Bud Clemons asked Steve Caldwell if he had seen the Department of Planning Services' recommendation and agreed with all points. Steve Caldwell said yes . Bud Clemons asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. E 1 EXHi 0 i C SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 3, 1991 Page 2 Richard Kimmel moved Case Number USR-954, Colorado Engineering Experiment Station, Inc. , be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Motion seconded by LeAnn Reid. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Judy Yamaguchi - yes ; LeAnn Reid - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried. CASE NUMBER: Z-463 APPLICANT: Harrison Resource Corporation REQUEST: A Change of Zone from A (Agricultural) to a P.U.D. District. LEGAL DESCRIPTION: Part of the NE4 of Section 5, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74, west of and adjacent to State Highway 257, and south of and adjacent to the Town of Windsor. Craig Harrison, applicant, thanked Rod Allison for all the help on this P.U.D. process. He displayed exhibits of the proposal and explained the creative concepts of open space loops. There will be an 1800 square foot minimum for all the homes , with a 3 car garage mandatory (for storage) . Ten trees , 3 of which will be evergreens, of a 3" caliber will be planted on each proposed site. This will help fill the barren look of new projects . He explained he went door to door with this proposal before coming before the Planning Commission, to ensure that surrounding property owners had no objections. Jean Hoffman questions the letter about tax revenue from Sheriff Jordan, Weld County Sheriff' s office, enclosed in the package the Planning Commission received. Craig Harrison explained that he sent a rebuttal further explaining the cost of the lots alone would be $30.00 a square foot and the Sheriff' s Office was figuring $60.00 a square foot for the ground and the house. He felt this situation could be remedied once this confusion was addressed. Jean Hoffman asked if the private driveways proposed would create too much of a problem with upkeep. Craig Harrison explained that he is trying to keep lot costs down and let individual users put in the utility connections and driveways onto each proposed lot. Jean Hoffman asked if he thought potential buyers would be willing to do this . Craig Harrison said yes. Bud Clemons asked if mail carriers would deliver since the driveways would be privately owned. Craig Harrison said he had not spoken with the Postal Service , but he thought in similar cases mail was delivered in a cluster of mailboxes located out on the County road. After discussion about the internal roadway system for the P.U.D. , Rod Allison explained the County had minimum standards for roads but not for driveways . C)11 • rc7 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION 4 CIF �0 " RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Richard Kimmel that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-954 NAME: Colorado Engineering Experiment Station, Inc. ADDRESS: P.O. Box 41 Nunn, CO 80648 REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (Flow Metering Facility) in the A (Agricultural) zone. LEGAL DESCRIPTION: Part of the SE4 of Section 36, T10N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile north of Weld County Road 108 on the west side of Weld County Road 37. be recommended favorably, with the addition of Condition of Approval #5, 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: The proposal is consistent with the Weld County Comprehensive Plan's Agricultural Goals and Policies. This Special Review permit area is located on non-productive agricultural land. The proposal is consistent with the intent of the A (Agricultural) zone district. The Flow Metering Facility is located on nonproductive farm ground and will not interfere with crop or livestock production. As an expansion of a nonconforming use the Flow Metering Facility is provided for as a Use by Special Review. The proposed Use by Special Review will be compatible with existing surrounding land uses which include dryland pasture and rural residences. The proposed use of the property will be compatible with the future development of the surrounding area as permitted by the A (Agricultural) zone district. The Town of Nunn is located approximately 6 miles to the southwest of the Special Review permit area. The nearest residence to the Special Review area is 1.5 miles. Dc fli O T 8 RESOLUTION, USR-954 COLORADO ENGINEERING AND EXPERIMENTAL STATION, INC. Page 2 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, the existing septic systems shall be reviewed by a Colorado registered professional engineer and a copy of that review shall be submitted to the Weld County Health Department for review and approval. 4. Prior to recording the Special Review plat, evidence shall be submitted to the Department of Planning Services that the State Engineer, Division of Water Resources, has approved the water supply for the uses included in this Special Review Permit. 5. Prior to scheduling before the Board of County Commissioners, the application and plat shall be amended to address and identify all future uses, structures, building envelopes, and parking space areas. RESOLUTION, USR-954 COLORADO ENGINEERING AND EXPERIMENTAL STATION, INC. Page 3 Motion seconded by LeAnn Reid. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Judy Yamaguchi LeAnn Reid Don Feldhaus Shirley Camenisch Bud Clemons The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution, is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on September 3, 1991. Dated `(1the d of e ember, 1991. Sharyn F. Ruff Secretary CRS .tY e-,. .,.. SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Colorado Engineering Experiment Station, Inc. USR-954 1. The Site Specific Development Plan and Special Review permit is for an expansion of a nonconforming use (Flow Metering Facility) in the A (Agricultural) zone as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Fugitive dust shall be controlled on this site. 6. The property shall be maintained in compliance at all times with requirements of S.A.R.A. , Title III. 7. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 8. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 9. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 10. Personnel from the Weld County Health Department, the Office of Emergency Management, the Nunn Fire Protection District, and the 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. 11. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 12. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Ca-¢ �':• INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Colorado Engineering Experiment Station, Inc. Case Number: USR-954 Submitted or Prepared Prior At to Hearing Hearing 1. Application 19 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. Section 70 of the Weld County Zoning Ordinance X 12. Field Check by Richard Kimmel X 13. A letter dated August 7, 1991, from William C. X McIntyre, Senior Professional Engineer, Colorado Division of Water Resources 14. Memorandum dated August 16, 1991, from Wes Potter X 15. Memorandum dated July 24, 1991, from Ed Herring X Office of Emergency Management 16. Referral response dated August 13, 1991 from the X Town of Nunn 17. Referral response dated July 24, 1991 from Drew X Scheltinga, Weld County Engineer 18. Letter dated August 30, 1991 from Diana Malone X from Groundwater Appropriators of the South Platte River Basin, Inc. 19. Letter dated October 8, 1991, from Steve Caldwell and Contract #01-787 from GASP. Received October 8, 1991. I hereby certify that the 19 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 October 9, 1991. Cyr nn STATE OF COLORADO ) COUNTY OF WELD ) 4,.L SUBSCRIBED AND SWORN TO BEFORE ME THIS q day of (7.0 c - 194/ . SEAL t NOTARY -PUBLIC MV COMMISSION EXPIRES RINE 8, 1994 My Commission Expires P EXHIBIT INVENTORY CONTROL SHE' Case USA — G[7 EA)G-oc ERJ 4PkRIMk.T i 3-7/9- 1v4/ Exhibit Submitted By Exhibit Description jo/9j A. ?hRNdmir YD9-fr .a>V 1/,nriody Dr 1i�MS Sc,3!Ktj/ �J1 l b l B. CLAA ✓lil/G Coot/it I S5 On/ I��SOhU'fi o,N n'r QGC1=i44�4)047-c 0.-v 10/7 C. cl.0451l<G- (tAtipussio n/ 547H,m/- Dl' VE02 46- 10/11 D. CJ,�Q K lei f7 (,l)014-20 4/67ic t^ of !-I t fli )41G E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. X. Y. 117' j CC' ^ r, r-- ., ^i rir...., Date: September 3 , 1991 CASE NUMBER: USR-954 NAME: Colorado Engineering Experiment Station, Inc. ADDRESS: P.O. Box 41 Nunn, CO 80648 REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (Flow Metering Facility) in the A (Agricultural) zone. LEGAL DESCRIPTION: Part of the SE4 of Section 36, T10N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile north of Weld County Road 108 on the west side of Weld County Road 37 . THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan's Agricultural Goals and Policies. This Special Review permit area is located on non-productive agricultural land. The proposal is consistent with the intent of the A (Agricultural) zone district. The Flow Metering Facility is located on nonproductive farm ground and will not interfere with crop or livestock production. As an expansion of a nonconforming use the Flow Metering Facility is provided for as a Use by Special Review. The proposed Use by Special Review will be compatible with existing surrounding land uses which include dryland pasture and rural residences. The proposed use of the property will be compatible with the future development of the surrounding area as permitted by the A (Agricultural) zone district. The Town of Nunn is located approximately 6 miles to the southwest of the Special Review permit area. The nearest residence to the Special Review area is 1.5 miles. 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. RECOMMENDATION, USR-954 Colorado Engineering Experiment Station, Inc. Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval by the Board of County Commissioners , the existing septic systems shall be reviewed by a Colorado registered professional engineer and a copy of that review shall be submitted to the Weld County Health Department for review and approval. 4. Prior to recording the Special Review plat, evidence shall be submitted to the Department of Planning Services that the State Engineer, Division of Water Resources, has approved the water supply for the uses included in this Special Review Permit. e7 I ',,l SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Colorado Engineering Experiment Station, Inc. USR-954 1. The Site Specific Development Plan and Special Review permit is for an expansion of a nonconforming use (Flow Metering Facility) in the A (Agricultural) zone as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Fugitive dust shall be controlled on this site. 6. The property shall be maintained in compliance at all times with requirements of S.A.R.A. , Title III. 7. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 8. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 9. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 10. Personnel from the Weld County Health Department, the Office of Emergency Management, the Nunn Fire Protection District, and the 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. 11. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 12. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 04R LAND-USE APPLICATION SUMMARY SHEET Date: August 27, 1991 CASE NUMBER: USR-954 NAME: Colorado Engineering and Experiment Station, Inc. ADDRESS: P.O. Box 41 Nunn, CO 80648 REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (Flow Metering Facility) in the A (Agricultural) zone. LEGAL DESCRIPTION: Part of the SE4 of Section 36, T10N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile north of Weld County Road 108 on the west side of Weld County Road 37. SIZE OF PARCEL: 27.1 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. Referral responses received are included in this Land Use summary. No objections have been received by Department of Planning Services' staff from surrounding property owners. The use of the property for a Flow Metering Facility was started in 1965. The property was zoned A (Agricultural) January 5, 1977. Therefore, the existing facility was a legal nonconforming use of land and structures. This application for the facility expansion is required under Section 70 of the Weld county Zoning Ordinance. A copy of Section 70 is included with this Land Use summary. 040 a.+.: .. .. .'z `9 70 Non-Conformine Lots. Uses. and Structures ll 71 Intent. Within the zoning districts established by this Ordinance or amendments thereto, there exist LOTS, STRUCTURES, ll USES of land or STRUCTURES, and characteristics of USE which were lawful before zoning regulations were passed or amended, but which would be prohibited, regulated, or _restricted under ll the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed or abandoned, but not to encourage their survival. It is further the intent of this 11 Ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as justification for adding other STRUCTURES or USES prohibited elsewhere in the same zoning il district. Non- conforming USES are declared by this Ordinance to be incompatible with permitted USES in the zoning districts involved. If72 Non-Conformine Lots. In any district in which SINGLE FAMILY DWELLINGS are permitted, a SINGLE FAMILY DWELLING and customary accessory STRUCTURES may be erected on any single LEGAL LOT, 11 notwithstanding limitations imposed by other provisions of this Ordinance. This provision shall apply even though such LOT fails to meet the requirements for LOT area that are applicable il in the zoning district, provided that Bulk Requirements other than those which apply to LOT area shall be met. Variance of Bulk Requirements shall be obtained only through action of the Board of Adjustment. 73 Non-Conforming Uses of Land. Where at the time of passage of this Ordinance, or of passage of future amendments of this • Ordinance, a lawful USE of land exists which would not be permitted by the regulations imposed by this Ordinance or future amendment, the USE may be continued so long as it remains Iotherwise lawful provided the following conditions are met: 73.1 Extension or expansion. 73.1.1 No such non-conforming USE shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance without first having received a Special Review Permit pursuant to the procedure established in Section 24. 73.1.2 A non-conforming USE shall not be extended or enlarged after adoption or amendment of this Ordinance by erection of additional SIGNS intended to be seen from off the premises, or by the addition of other USES which would be Iprohibited in the zoning district involved. :a 70-1 'I f s71 1 ,', n" ,,", . 73 .1. 3 No such non-conforming USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE at 4 the effective date of adoption or amendment of this Ordinance. 73.2 Substitution o£ USES 73.2.1 A non-conforming USE may as a Use by Special Review be changed to another USE which does not conform to the USES allowed in the zoning district provided that the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing non-conforming USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accord with the provisions of this Ordinance. 73.2.2 Whenever a non-conforming USE is replaced by a permitted USE the non-conforming USE may not be re-established. The permitted USE shall thereafter conform to the provisions of this Ordinance. • 73.3 Abandonment. If any such non-conforming USE of land ceases for any reason for a period of more than six (6) months, any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Ordinance for the zoning district in which such LOT or parcel is located. 74 Von-Conformine Structures. Where a lawful STRUCTURE exists at the effective date of adoption or amendment of this Ordinance that could not be be built under the terms of this Ordinance by reason of restrictions on area, LOT coverage, height, its location on the LOT, -or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: 74.1 Repair and Restoration. Should such nonconforming STRUCTURE or non-conforming portion of a STRUCTURE be destroyed by any means to an extent more than fifty percent (50X) of its replacement cost at time of destruction, it shall not be restored except in conformance with the provisions of this Ordinance. Ordinary repairs the value of which do not exceed fifty percent (50X) of I replacement cost of the STRUCTURE may be permitted. 74.2 Expansion or enlargement. No such non-conforming STRUCTURE or non-conforming portion of a STRUCTURE may be expanded, enlarged or altered in a way which increases its non-conformity, except that those STRUCTURE(S) that are non-conforming by reason of I 70-2 • I ll ton-compliance with existing SETBe...K requirements may be II expanded or enlargt.d so long as such expansion or enlargement does not further diminish the non-conforming SETBACK. No expansion or enlargement of STRUCTURE(S) shall be allowed within II an existing right-of-way. 74.3 Substitution of STRUCTURES. Should such non- conforming STRUCTURE be moved for any reason, for any distance whatever, it III shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. il 74.4 $xisting Buildinz Permits. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans or construction of any STRUCTURE on which actual construction was lawfully begun prior to the effective date of adoption or ll amendment of this Ordinance and upon which actual construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in ll permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing STRUCTURE has begun preparatory to construction, such excavation, demolition II or removal shall be deemed to be actual construction provided a building permit for the new STRUCTURE has been issued and the preparatory work is carried on diligently. II 75 Non-Conforming Uses of Structures. If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the effective date of adoption or amendment of this Ordinance that woulc not be allowed in the zoning district under the terms of this Ordinance, the USE of such STRUCTURE or STRUCTURE and premises may be continued so long as it remains otherwise II lawful, subject to the following provisions: 75.1 Renair and Restoration. An existing STRUCTURE devoted to a USE not permitted by this Ordinance in the zoning district in which it is located which is destroyed by any means to an extent greater than fifty percent (50X) of its replacement cost at time of destruction shall not be restored except to gain conformance with all provisions of this Ordinance. The non-conforming USE may not be re-established after restoration. Ordinary repairs, the value of which do not exceed fifty percent (50X) of replacement cost of the STRUCTURE may be permitted. a a-. 70-3 .,i y 1 .t �,T ._ f.:WK'vF24 vy�{ro�gggX .M w`?•?D..dFM1}VR'^�^W My`. '1SPW..m^PPQ3 4C4.,Y nuA.q v.M.1'.'Ie w. x.'T P31�*rt �.xRM4Pn w.xi...rni^...7�•'gM^.Tr.n+e..,a.e.. a.. —._ 75.2 Expansion or Enlarzement , 75.2.1 A non-conforming USE may be extended throughout any parts of a STRUCTURE which were manifestly arranged or designed for such USE at the time of adoption or amendment of this Ordinance, but no such USE shall be extended to occupy any land F outside such STRUCTURE without first having T received a Special Review Permit pursuant to the t procedures established in Section 24. 75,2,2 A non-conforming USE shall not be extended or enlarged after adoption or amendment of this Ordinance by erection or attachment of additional SIGNS intended to be seen off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. 75.2.3 No such non-conforming USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE on the effective date of adoption or amendment of this Ordinance. 75.3 Substitution of USES 75.3.1 A non-conforming USE may, as a Use by Special Review, be changed to another USE which does not conform to the USES allowed in the zoning district. Provided, however, that the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing non-conforming USE. In permitting such ! change, the Board of County Commissioners may I require appropriate conditions and safeguards in accord with the provisions of this Ordinance. 75.3.2 Whenever a non-conforming USE is replaced by a permitted USE the non-conforming USE may not be re-established. The permitted USE shall 1 thereafter conform to the provisions of this I Ordinance. 75.4 Abandonment. When a non-conforming USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of more than one (1) year, any subsequent USE of such _STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Ordinance for the zoning district in which such STRUCTURE or STRUCTURE and premises is located. 70-4 gi 76 lags &, lowed by l cial Review Permit are not Non-Conforming es. 76.1 Any USE which lawfully exists at the time of adoption of this Zoning Ordinance and, as a result of an amendment to the map of the Zoning Ordinance (pursuant to Section 21) , which would require a Special Review Permit in the zone district in which it is located under the provisions of this Zoning Ordinance shall not be deemed a non-conforming use, but shall, without further action, be considered as having received a Special Review Permit and may be continued with all rights and privileges under the provisions of this Zoning Ordinance. The Planning Commission may authorize development standards for any such Special Review Permit to insure continuity of the operation and continuity of any prior conditions to which the operation may have been subject. However, no such USE may be expanded, or enlarged without first obtaining a Special Review Permit in accordance with the requirements of this Zoning Ordinance. r.. 70-5 0,1 41 >n.r�q^77rW>' n "Sn^3.¢m mr, iV. rfiT3r[^Y,:RY' � 3'10^3a'P.6 .o.' "ro"` __ + 1 �\/ \ �I i N tom . P. \• I � [i. ' �' I. .i. • \ i Cam" T 1_ \__, �� 1 i♦ �If �� jI Y �2 i] Y• • 1 If 20 _ • \ i0 I ' -,N --'„\ �ti. T'•. _I__„sfq rcta,elb+^+•.^ i -\ I .! :• 3J JO =f ' °"" _• . i2, 1. ,.��, iV 1 3. ) 12, I}' ,, _• 25 �� a_ - _• \ I � 1 l 1 P. A W N �� E E �� v ce„• ..p ` I 4:57 .� \55 ' _.. '_ 1 ,i } ' 1i \ ; ' . l/ 1 1 ,= 1 . 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Schuett REQUEST: A Site Specific Development Plan and a Special Review permit for an expansion of a nonconforming use (Flow Measurement Facility) . LEGAL DESCRIPTION: Part of the SE4 of Section 36, T10N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile north of Weld County Road 108 on the west side of Weld County Road 37. LAND USE: N � - �d�/ E �#f441a S fi �r°a—e W iteda , ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: ,,// yy- ��"1//i* 117. k. eft C9//1 AA/��6�� /",& /1/Sf'/9ne -/1//l7 e 37. 45z-re < ) I A4-1 5PNY.e w/14 D I V 21wire /9 P, `// We. gro Ltd / Ai: L .1 J FIELD CHECK FILING NUMBER: USR-954 DATE OF INSPECTION: JULY 7,1991 NAME: Colorado Engineering and Experiment Station, Inc. REQUEST: A Site Specific Development Plan and a Special Review Permit for an Expansion of a Nonconforming Use (Flow Metering Facility) located in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 36, T10N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile north of Weld County Road 108 on the west side of Weld County Road 37. LAND USE: N Dryland pasture, a rural residence approximately 1 and a half miles. E Weld County Road 37. S Dryland pasture. W Dryland pasture. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The property is as shown on the plat. The access to the area is by Weld County Road 37 a paved county road. It appears that no residences would be impacted by this expansion due to the distance to the residences and the terrain. Current Planner REFERRAL LIST NAME: Colorado Engineering Experiment Station, Inc. CASE NUMBER: USR-954 c/o Steve Caldwell REFERRALS SENT: July 22, 1991 REFERRALS TO BE RECEIVED BY: August 9, 1991 COUNTY TOWNS and CITIES Attorney _Ault Vr'X—Health Department _Brighton Extension Service _Broomfield f/X_Emergency Management Office _Dacono Sheriff' s Office _Eaton X—Engineering Erie Housing Authority _Evans Airport Authority _Firestone X Building Inspection Fort Lupton _Frederick STATE _Garden City X Division of Water Resources Gilcrest Geological Survey Greeley _ _Department of Health _Grover _Highway Department Hudson _Historical Society _Johnstown _Water Conservation Board Keenesburg Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont _ Berthoud F-2 _Mead Brighton F-3 Milliken _ Eaton F-4 _New Raymer _Fort Lupton F-5 _Northglenn Galeton F-6 _Nunn Hudson F-7 _ _ Platteville Johnstown F-8 _ _ Severance La Salle F-9 _Thornton Mountain View F-10 _ _ Windsor Milliken F-11 _ X 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 Corp of Engineers _Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 _Federal Aviation Administration Western Hill 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 _Greeley _Longmont West Adams COMMISSION/BOARD MEMBER ✓ X Richard Kimmel a--” .?, '7 la O CotoR 9 ROY ROMER IN OI JERIS A. DANIELSON Governor State Engineer KT NA,* 876 * OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX[303] 866=3589 August 7, 1991 Mr. Keith Schuett Weld County Department of Planning Services +� �� 915 10th Street D LI G) \11 Greeley, CO 80631 AUG 1 9 1991 Re: CEESI, Case Number USR-954 Section 36, T10N, R66W Weld County Planning Water Division 1, District 3 Dear Mr. Schuett: We have completed a review of the CEESI application for the property located at 54043 Weld County Road # 37. Two commercial well permit applications were received by this office on July 12, 1991. Although the permits are still under review, it appears the permits will be returned disapproved. The applicant applied for commercial exempt permits(late registration): however, the intended uses listed are consistent with commercial non-exempt wells. Also, since this area is tributary to the South Platte River, an over-appropriated river, approved non-exempt well permits can not be issued without a Water Court Decreed plan for augmentation or substitute water supply plan. Accordingly, we can not recommend approval of the application. Should you have any questions, please call. Sincerely, (14 (e � William C. Mclnty�e Senior Professional Engineer WCM/CEESI cc: Alan Berryman, Division Engineer Bruce DeBrine MEMORAnDum To .�ta�oant, Planning- Date August 16, 1991 I + • • • COLORADO From Subject:Cage Number: USR-954 Name: Colorado Engineering Experiment Station Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. Fugitive dust shall be controlled on this site. 4. The existing septic system is required to be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to this Division. The evaluation shall be conducted considering the total of twenty (20) employees at the facility as stated in the application. WP/cs-315 kn l ,„ , , WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT tf 4 1poil PHONE(303)356-4000, EXT.4250 pp C OR 353-4224 wiigREC U - - P.O. BOX - GREELEY, COLORADO 80632632 C. l+ COLORADO Ai" T0: Keith A. Schuett, Current Planner FROM: Ed Herring, OEM DATE: July 24, 1991 REF: USR-954 I have reviewed the plan for Colorado Engineering Experiment Station, Inc. and find no conflicts with our interests. I have received no SARA Title III reports from this facility which may not be required to file such reports due to quantities of chemicals stored and used. ni.. ._ ._ l Atli L \'� _ DEPARTMENT OF PLANNING SERVICES o \`�'/t1 r" PHONE(303)356-0000,EXT.4400 91510th STREET AUG 2 0 1991 GREELEY,COLORADO 80631 co O Weld County Planning COLORAD July 22, 1991 CASE NUMBER - USR-954 TO WHOM IT MAY CONCERN: Enclosed is an application from Colorado Engineering Experiment Station, Inc. , for a Site Specific Development Plan and a Special Review permit for an expansion of a non-conforming use (Flow Measurement Facility) . The parcel of land is described as part of the SE4 of Section 36, TlON, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 mile north of Weld County Road 108 on the west side of Weld County Road 37. 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 August 9, 1991 , 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. `k We do not have a Comprehensive Plan, but we feel this request 15 (is/is not) compatible with the interests of our town for the following reasons: 3 . We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: S . Please refer to the enclosed letter. � E Signed: 0 / A C - K �� rioy Agency: Touin o-C Nknn Date: c; m-5 ) 011 RECEIVED JUi- 2 3 1991 1 DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 A Ill/ 91510th STREET willGREELEY,COLORADO 80631 Ce 'JUL 29 REGR COLORADO July 22, 1991 CASE NUMBER - USR-954 TO WHOM IT MAY CONCERN: Enclosed is an application from Colorado Engineering Experiment Station, Inc. , for a Site Specific Development Plan and a Special Review permit for an expansion of a non-conforming use (Flow Measurement Facility) . The parcel of land is described as part of the SE4 of Section 36, T10N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 mile north of Weld County Road 108 on the west side of Weld County Road 37 . 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 August 9 , 1991, 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, 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. PI se r��\\\feea�r-- to the enclosed letter. Signed:sL3..>sD .,..N. . _ Agency: Lrr_, e;�-e___ e,__<--; c...-. � Date: I/Z4(91 al i 10 - 08 - 21 TUE 1 '- 44 LEES . P . 02 CIES! COLORADO ENGINEERING UNACONvmFFICe EXPERIMENT STATION INC. 54043 Counly Rd.37 Nunn.Colo.80648 303897.2711 Mr. Keith Schuett Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Fax: 352-0242 Dear Mr. Schuett: Following our conversation of today, I have attached the information from GASP and offer the following explanations for our future planned expansions as indicated on the plat supplied to you. The proposed building on the west side of our property line will be used for the purpose o£ equipment and pipe storage. No restroom or office space will be required in this area. The structure we are planning to construct on the existing missile bay roof will be utilized as an expansion of our current testing areas and will enable us to increase our current testing capabilities, especially in the liquid calibration service. No office or restroom facility will be required in this area. If you need additional information, please call. Respectfully, U� teve Caldwell Vice President \EI \\ OCT 0 81991 11!_!d County Pt3".^.:"g 0CT 8 ' 91 13: 40 PRGE . 002 KE2 leG 600 . 391:1a 61, :CI 1m , 8 100 % . Asa § j• \ i P _ | | | , !• • . | I_ ; | >2ocunn , u- i �k f ; . \ Ea | 2, - ! 4—X ! . ( � | iv - $ ! k (Ifs -• : ! ! • � el ) " ! . . e . k ' I . ; ' � � / \ ^ i X I . k I §$ § } \ f -• § ! . } } } ii $ \a ) / i § . , . , . } j \ E § & | ■ ' . . . . § e Zkoj— a f . } \\ I ®\ I ® i k i % 2 i1 - a . ; § } / ) , 10 ..IF � ! � . a / , . a. : ! 2 Ix a | \ ' s , ei. : % ! . | § t � ' ■ l � 9 ® 2 ki ) ! | ; 4s7okt .-; i5 re IN ) } / § % | ' | ! : \ J | } i6E1e , _ ! # l20 : = . w ae ` , ® 1 ` 53 . 0 _ _ , \ ,�- 80 — e , 10 - 08 - 21 T U E 1 :--• 45 CEEB, Inc - P _ 0 4 • OA 717- • Contract CONTRACT This is an agreement between Groundwater Appropriators of the South Platte River Basin, Inc.,a Colorado non-petit corporation (hereinafter called "GASP"), and the undersigned party (hereinafter called "tbe party of the second part"). RECITALS 1. GASP represents that it is a Colorado non-profit corporation and that its primary purpose la the ac- quisition and development of augmentation water for persons owning, controlling, or operating wells in the South Platte River Valley, reducing the necessity for state regulation of their wells, thereby protecting the economy which is dependent upon those wells and increasing the benefice] use of the water available in the South Platte River Basin. 3, The party of the second part represents that he is a reati nt of the State of Colorado, that he owns,con- trols or operates the wells listed on the attached well data sheet and that he desires a share of the augmen- tation water and benefits of the program for protection of his listed wells. AGREEMENT 1. The party of the second part requests that the wells described on the well data sheet be registered in the augmentation program and tenders as full payment the sum of$...1.210.00...as the registration fee for I7 991 which has been computed in the manner shown on the well data sheet. The party of the second part agrees that GASP may accept or reject the registration on a well by well basis. 2. If any of the wells described on the well data sleet la not accepted for registration by GASP, because it cannot reasonably provide augmentation water for such well or otherwise, the fee for such well will be re funded. No fee will be refunded with respect to any well accepted for registration by GASP. S. With respect to each well registered in its augmentation plan, GASP agrees to use its best efforts to develop, put into effect and have accepted by the State Engineer a plan which will minimize the need for regu- lation of the well by the State Engineer during the calendar year t ual..-and to provide the owner of such wdl with a share of the augmentation water which GASP develops, for use by such owner in the protection of his well from regulation. Nothing in this agreement shall require GASP to initiate or defend actions in con- nection with any augmentation plan or in connection with the rights of any well owner, or to bear the frost of any proceedings. 4. GASP will use its hest efforts to allocate to each well which it accepts for registration, an equitable share of any benefits to be derived from the plan. However,it is understood that the benefits which are allocated to each well will depend on a number of factors, including the mummer and location of wells which are accepted for registration. 5. Neither this contract nor any benefits which may accrue to the party of the ascend part hereunder may be asaigned to any other party or any other well, without the express written consent of GASP. IN WITNESS WHEREOF, this contract has been executed by the party of the second part. It may be r � -� accepted by GASP by execution of the well dato'sheet =ubrrallea herewith" with a notation thereon of the wells which are accepted for registration • Party of the Second part: r..,....�.+., rnni..00rinn cvnorimont Statinn. Tnr. Dated .... . --.September 23� 1 yy i Warne and address of party of the Second Part: Colorado Engineering Experiment Station, Inc. 54043 WCR 37 Nunn, Colorado 80648 Return this Contract, the Well Data Sheet and your Check payable to: G A 8 P, P.O. Sox$74. Fort Morgan, Colorado 10701 0CT 8 ' 91 13: 50 PRGE . 004 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET ' GREELEY,COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, September 3, 1991, 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: Colorado Engineering Experiment Station, Inc. c/o Steve Caldwell LEGAL DESCRIPTION: Part of the SE4 of Section 36, T10N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: An Expansion of a Non-conforming Use (Flow Measurement Facility) . LOCATION: Approximately 1 mile north of Weld County Road 108 on the west side of Weld County Road 37. SIZE: 27 .1 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 September 3, 1991. 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. Jerry Kiefer, Chairman Weld County Planning Commission To be published in the New News To be published one (1) time by August 19 , 1991. Received by: 6.014 f ` Date : ,.,•.,-:�.. .;. s LT-Mr, rTh Lj�7=?��.�� ir:-= i_1:-'1�riU.�jt; STATE OF COLORADO 1 l!1! �--(C 12F) f 1 Is.s. !i AUG >i r; COUNTY OF WELD 1 n 11991 �'l David B. Reynolds, being duly sworn, `c.,,I.(afg11i27Fg says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a +' general circulation in said County and has been continously and OF PUBLIC BRING uninterruptedly . published lshetl therein, 8011 Wald CowaS a a during a period of at least The ion wm Eger comfifty-two consecutive weeks prior to IrellP30.rvP�gs� 1'5� g c the first publication of the annexed ceMrdent plena aad a c notice; that said newspaper is a Revieiter mlorlAportovas newspaper within the meaning of the request maigut pursuant to act of the General Assembly of the Wr ° ��ec�ment°stet State of Colorado,. entitled "An Act Ve�aYb��i_ll isi to regulate the printing of legal a, DSFA [�an 3r, T014. tY notices and advertisements, " and the bte "A ri or amendments thereto; that the notice anao.mposEDw 1NENSEiplt�' 'u' of which the annexed is a printed a N°n-eap telylmik copy taken from said newspaper, was er Weld tYfa ill: west published in said newspaper, and in d37• area marg�orl 27:1 acres. rrur lK the regular and entire issue of geo raaaaTmecommis every number thereof , �aofi� —Ti tFllnoor,. street, GreeleY.saja — nts or ebitetlo"s rele is once a week for f atelrn writl180 412 successive weeks; that said notice was so 5 TanN Str�Bt published in said newspaper Greeley, cow,. damdal proper and not in any supplement att ttne sums pearit8 thereof , and that the first �r� e�`a� y publication of said notice as °Thiam „2W Il aforesaid, was on the Gad mob—en c'l 5 ,C6arlmaa f _ day 0:14L9 -----.:1 19 (1 _, Oa 1 Nei Nanand the last on the 1.5 day of �— s, , CIA . bi Subscribed and sworn o before .4- me this a day of ��y , 19-2[. / p Asti-n-2,--“.or- oe /0-ec.z-c-c,a-....,-- My Commission expirrr: ".T.fCh I5 I.992 t hq if �e :.. 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-954 for Colorado Engineering Experiment Station, in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 23rd day of July, 1991. rr . --)(16) n X C-111 '71 4(Csei 1(i DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO TO: SURROUNDING PROPERTY OWNERS CASE NUMBER: USR-954 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, September 3, 1991, at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Colorado Engineering Experiment Station, Inc. c/o Steve Caldwell FOR: A Site Specific Development Plan and a Special Review permit for an expansion of a non-conforming use (Flow Measurement Facility) . LEGAL DESCRIPTION: Part of the SE4 of Section 36, T10N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile north of Weld County Road 1O8 on the west side of Weld County Road 37. 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. SURROUNDING PROPERTY OWNERS Colorado Engineering Experiment Station USR-954 James A. and Ina Mae Lawrence P.O. Box 901 Eaton, CO 80615 C.A.R.D. , Inc. Route 1, Box 27 Nunn, CO 80648 (AIR .0 -T- NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # James A. and Ina Mae Lawrence P.O. Box 901 0301-36-0-00-007 Eaton, CO. 80615 State of Colorado 0301-36-0-00-009 United States of America 0299-31-0-00-003 James A. and Ina Mae Lawrence P.O. Box 901 0455-01-0-00-005 Eaton, CO. 80615 C.A.R.D. Inc. Rt. 1 Box 27 0457-06-0-00-001 Nunn, CO. 80648 c; t s-,f )c. ,74e-t-, r , � , ,2100 19_e,„, to oho 3 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 54043 Co. Rd. 37 Nunn, CO. 80648 STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, sates that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. C'eesce The foregoing instrument was subscribed and sworn to before me this �-1 day of d a t4_—, 14 CP BY (YrEOE (1glLX-Y2LL WITNESS my hand and official seal. My Commission expires: �� //�9ya Lunar) Notary Public NAMES OF OWNERS OF MINREALS OR SUBSURFACE The Weld County Assessors office does not show anyone having any rights to any minerals or subsurface rights. €` ,, ,. fa 1 DEPARTMENT OF PLANNING SERVICES PHONE(303)356000,EXT.4400 915 10th STREET III ip GREELEY,COLORADO80631 C. COLORADO July 22, 1991 Colorado Engineering Expermiment Station, Inc. c/o Steve Caldwell 220 W. 27th Street - Cheyenne, WY 82001 Subject: USR-954 - Request for a Site Specific Development Plan and a Special Review permit for an expansion of a non-conforming use (Flow Measurement Facility) on a parcel of land described as part of the SE4 of Section 36, T10N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Caldwell: 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 September 3, 1991, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to August 22, 1991, you or a representative should call me to obtain a sign to be posted on the site no later than August 24, 1991. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, ,j/� � .`,, ,e- "�.G6.L /v- l/. -----C- Keith A. Schuett is :�� Current Planner � pc: Mr. Walt Seidl i _ ...-.- .^.t, '? 2516 Idledale Drive Ft. Collins , CO 80526 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 # USR # 954 THE SIGN WAS POSTED BY: ,e)�✓ ACiv✓C / - NAME OF PERSON POSTING S GN 7 x SIGNATURE OF APPLICANT STATE OF COLORADO ) ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS ,3 DAY OF , 19 al SEAL inad..?„, UYI. (-mile . NOTARY PUBLIC n/�1 MY COMMISSION EXPIRES 172)// / // /4902 LAST DAY TO POST SIGN IS: , 19_ i P1_1.7!ri ., ,< of the �rr,undwater Appropriators South Platte River Basin Inc. V F.o. Box 974 • �1 Fort Morgan,Colorado 80701 303.867-5298 August 30, 1991 Steve Caldwell. COlOrado Engineering, Inc . 54043 WCR 37 Nunn, Colorado 80648 RE: Augmentation of Wells Lvsas Hs • eeldwell a As per our telephone conversation of August 29 , 1991 , I am forwarding the necessary information for your review. We see no problem at this time with handling the augmentation 4� iii@ two wells in question. your contract application will be presented to our goara of nirectors on uobvi s 1 , 1555 iza! their review. I am sending a contract and well data sheet in the mail. Please fill out the forms and return to GASP before the october 1 , 1991 meeting, along with a check for 81 ,210.00 . This fee will cover one unit of augmentation water, which is more than adequate for your purpose. I hope this helps you to proceed with your plane . If I can be of further help please let me know. aincerelY, //)&.�aa`e� Diana Malone GASP Secretary EXHIBIT .4 tEES1 COLORADO ENGINEERING LABORATORY/OFFICE: EXPERIMENT STATION INC. 54043 County Rd.37 Nunn,Colo.80648 303-897-2711 July 17 , 1991 Mr. Keith Schuett Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Schuett: Enclosed, you will find our application for the Special Use Permit. It has taken considerably more time than anticipated. Hopefully it is complete. We are requesting from the County Commissioners issuance of the necessary building permits to bring us into compliance with the county requirements. I cannot over emphasize the need for this new office. If you require any additional information, please call. Respectfully, Steve Caldwell Vice President USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley. Colorado 80631 �, Phone - 356-4000 - Ext. 4400 �v Case Number It5P2l:1 / Date Received at 18 REYI Application Checked by Mylar plat submitted Application Fee get°S Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: 36 LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Section T 10 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) 54043 Co. Rd. 37 Nunn, Colo. 80648 PRESENT ZONE OVERLAY ZONES TOTAL ACREAGE 27.1 PROPOSED LAND USE Flow Measurement Facility EXISTING LAND USE Flow Measurement Facility SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Mr. Steve Caldwell Address: 220 W. 27th St. City Cheyenne, WY. Zip 82001 Home Telephone / 307-632-6173 _ Business Telephone # 303-897-2711 Name: mr Walt Seidl Address: 2516 Idledale Drive City Ft. Collins, Colo. Zip 80526 Home Telephone # 303-225-1786 Business Telephone # 303-897-2711 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Home Telephone 0 Business Telephone 0 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Address: City Zip Name: amarees: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) else r Signature: Owner or Authorized Agent WIthc..iD_u as ',worn co before me this day of 19q/. C NOTARY PUBLIC My commission expires �(1,11/� Oq a AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property rana3 Co. Rd. 37 Nunn, CO. 80648 SATE 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 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the application submission date. The foregoing instrument was subscribed and sworn to before me this _aday of 94, , 19 co , by ,STEVE CA-11)0cl WITNESS my hand and official seal. My Commission expires: C74—Q4S/6 /W4R (�4_ Notary Public USE BY SPECIAL REVIEW-APPLICATION REQU€RMENTS PROPOSED USE: Colorado Engineering and Experimental btetion Inc. known as CEESI is applying for a Special Use Permit. The special use nermint, approved by the Weld County Commissioners, would grant CEESI the rigY, to build and expand on the existing premises as our needs arise both now and in the future. This property has been in a non-conforming use status for approximately thirty-five years. The first ten years or so, the property contained an Intercontinental Ballistic Missile system designated as an Atlas E system. The building structures are very similar to the site the county currently has sit Windsor, with the majority of the facility located underground. After the missile system was considered outdated and surplus through the Federal Govern- ment, we acquired the property in 1965. The use of the property has not significantly changed since that date. We have provided a calibration service for the calibret icon of Fluid Flowmeters. In the early yens of the company, our work effort was mainly directed toward the modification of the facility to fit our needs as e calibration laboratory ,and to continue the work which was being ,conducted at the Univer- sity of Colorado. Prior to the startup of the lab at Munn, facilities were constructed to allow ryas flow measurement to be made with very high accuracies and with traceable links back to fundamental units such as volume, mass and time. These facilities were constructed for NASA and the major automotive manufacturers. At this time, 1965 to 1970, no other facilities in the United Stetes .offered such high accuracies and had such wide capabilities. The latter years, 1972 to 1985, significant changes occurred in the lab which allowed much higher flaw capability. This proved to be of great valve in the measurement of natural gas and in the safe operation of many gas handling products, such as control valves and sub surface safety valve systems. Agein, our compeny proved to be the leader in all aspects of compressible flow measurement. In the past few years, as in the previous twenty, changes in our capability have provided much needed research computable to our country's industries which has allowed for safer and more efficient products as well as providing support to our country's defense systems. We have expanded our capabilities into liquid measurement for the oil industries and have conducted research into secondary and turtiery oil recovery by construction of a high pressure CO2 facility. We have continued to grow since acquiring the property in 1965. We currently employ twenty full time people and with the renewed emphasis on ✓ energy efficiency and a cleaner environment our outlook for continued growth is very good. Our current usable floor space is gone and thus the need for additional room is required. It is no longer practical to continue modifying the existing underground structure when all the available space is being! utilized. For this reason we have started construction of the new office building. This expansion will allow us to have separate offices from the main lab area, providing a much improved working environment end allowing us to add the necessary staff ✓ for our projected increase in business. As I have mentioned, we have started this construction project and have a real need to be in the new offices by the first of August. We have new per- sonnel starting and have a number of international visitors scheduled to arrive to review our very unique facility. This new office would greatly improve our international standing. During this period of international business growth this improvement is very important to our standing in the international busi- ness community. NEED FOR USE: As mentioned before, we have outgrown our current office space. Due to the demands for our services, we have had to employ more personnel to meet, those demands thus requiring more office space. We are not only applying for L.-- Special use for the new office building, but for future growth as well . As the need for our specialized services increases, and the opportunity to offer more to our clients, it may be necessary to add additional structures in the future. We endeavor to offer more specialized testing to not only private enterprise, but also to the U.S. Government. 011 vZ.-1 SURROUNDING PROPEu. 1ES: The properties which surrounds CEESI is agricultural. Land is use for grazing and for farming. Our facility is completely enclosed by fences and is not being used for agricultural purposes at all. We have no desire to annex any adjacent property nor do we wish to cause any damege to the surrounding properties by our operation. Coloredo Engineering began as a non--profit operation in 196E, and operated as such until is was purchased by two individuals in 1985. The business per se has not, changed from it's original purpose other than some diversification of testing methods. RESIDENTIAL STRUCTURES: North--approximately 3 miles, South--approximately 2 miles. East---open prairie West---approximately 3 miles. MAXIMUM NUMBER OF USERS: Clients do come to CEESI throughout the year for on-site testing, observa- tion of' testing conferences, education as well as just to conduct business transactions. The actual numbers will vary each year, so it is difficult to actually give a number. EMPLOYEES: Our hours of operation run from S:00 a.m. to 4:30 p.m. Monday thru Friday. Sometimes a shift will work on Saturdaye depending on the work load. 20 employees work the normal working hours. One employee works 7:00 p.m. to 4:00 a.m. This employee is a night watchmen and does the cleaning of the facility. WATER SOURCES: Colorado Engineering has 2 wells on the premises. Both were installed in 1957 when the site was an ICBM missile silo. One well is in full operation for drinking water, sanitation and watering of la,ndacaping and grass. The second well is an auxiliiary well. There is ample water to accommodate all structures that require water. Permits for 2 wells has been applied for. John Anderson from the District water commission was on the premisee on the 10th of July to do a well inspection report. All necessary registration fees have been paid. ACCESS ROUTES: Access to CEESI is on HWY-85 to County Rd. 1©8, which is paved, East to Country Rd. 37,to the entrance to CEESI . VEHICULAR TRAFFIC: CEESI , on a day to day basis, averages approximately ten to eleven vehicles per ,day. These vehicles are employees, visitors, and pickup and delivery vehicles. The company also provides a car pool for the majority of the employees. Pickup and delivery vehicles come from OF^a, EMERY, TWX, YELLOW, and FEDERAL EXPRESS. SEWAGE: Every since thin site was an ICBM missile site, a septic system has been on the premises. Now that the new office building is under construction, a new septic system hae been installed to accommodate the new office building. FIRE PROTECTION: Fire extinguishers are located throughout the premises. Also water hook ups are located throughout the premised that could be used in the event a fire should occur. Also the rural fire department is available as well as fire trucks from Ault and Nunn are available. CEESI does have some chemicals on the premises. Paints, Gas for work vehicles and equipment, diesel fuel for standbye generators and heating, propane in above ground bullet tanks, and small amounts of cleaning chemicals. We also have a assail amount of flammable gas, i .e. methane, hydrogen, as well as propane for teeting purposes. ANIMALS: Not Applicable. WASTE: Colorado Engineering hae two main storage areas. One is a q onset, the other is an open area. STORK WATER RETENTION: CEESI has no need to retain any water other than what is in our wells. hill. SLtorm water simply flows away from our facility as it is on top of a small b i l l. REMOVAL OF WASTE: CEESI recycles and reuses much of what it has on the premises. That which is not recycleable is placed in dumpsters which are emptied periodically as needed. That which is reuseable is stared on the property. That which is not used is cleared out for salvage. Recycling and reusing materials makes us operate more efficiently. LANDSCAPING: Some landscaping does exiet already. Additional landscaping will be none to enhance the beauty of the entire premises and the new office building. Erosion is virtually non-existent on the premises. Anytime bare soil is evident, it is immediately reseeded with a seed mixture similar to the natural vegetation which surrounds our facility. It, is in our best interest to keep soil from eroding away. RECLAMATION PROCEDURES: Not Applicable CONSTRUCTION TIME TABLE: Construction on the new office building has already begun, which is how we found out that e special use permit wes required. We were not aware that, such a requirement was necessary,. The new building could be completed es soon as August, subject to epprovei by the Weld County Commissioners. WELD COUNTY COMPREHENSIVE PLAN: CEESI is, and hea been, enclosed within a fence. It was enclosed when the site was en ICBM missile site. It has been this way since 1857. CEESI will not be taking any existing agricultural land out of production. Any construc- tion taking place now or in the future will be done on our premises only, with- in the fenced boundaries, and will not expand into ;any agricultural land. C'ONSISTANT WITH THE INTENT OF THE DISTRICT: We realize that our operation is a non-conforming operation as defined by the held County Comprehensive Plan. We do not feel that there will be any other non-confoming operations allowed as this is not with the intent of the district. The fact remains, thin site has been in existence as a flow testing facility since 1966. This site existed before any Comprehensive Plans ever existed or before any well permits were required or before any -=:ovenance was ever designed. This location wee chosen becauee of it's remoteness. Nothing has changed except for the fact we now need to erect a new office Cl!1! � ��! building. We may need to erect, a new building in the future to meet, the future demands placed upon us. LOCATION DECISION: The decision to locate where we currently are, was made along time ago. A rural site, away from residentiel areas was appropriate: as there are times when the noise level does increase for small periods of time. ADEQUATE PROVISIONS FOR HEALTH, SAFETY, WELFARE: Mr. Caldwell and Mr. Seidl have done all they can to protect the health, safety, and welfare of those who reside in the vicinty of CEESI . It is in our best interest to maintain a good repore with our neighbors and they strive to do just that. Our safety program ensures that our neighbors will not be harmed by our operation. COMPATAEILITY WITH SURROUNDING LAND USES: As mentioned before this site has been in operation, doing what it has been doing since 1966. Long before any restrictions were instituted. It was chosen for it's remoteness. CEESI 's operation has not disturbed the natural environment at all. Cattle graze right up to our property line. Antelope thrive. The property which surrounds CEESI is agricultural and our operation has not damaged the livestock, nor the crops that are being grown. Granting of the special use permit will not cause any damage as we will not be disturbing any prime agricultural property. FUTURE DEVELOPMENT: Future development by other non-conforming businesses looks doubtful as it does not, fall within the intent of the district. Agriculture is the prime purpose of this area and it will probably remain so. Future industrial develop- ment depends on the changing of the current Weld County Comprehensive Plan. As stated before, we are not doing anything new. All that is here is here by previous existence and before any regulations existed. FLOOD PLANE, GEOLOGIC HAZARD: CEESI is not located in a flood plane, and does not cause any geologic hazards. CEESI is not located in the Weld County Airport Overlay District. PROOF OF ADEQUATE: WATER SUPPLY: Will be provided by the Weld County Water District. LEGAL DEED: Attached. NOISE REPORT: On an occasion, significant levels of noise is generated. But its dura- tion is only three to four minutes in length. Sometimes the level may reach 110-125 db. The livestock :and antelope which graze on the property that surrounds CEESI do not appear to be affected by this occasional increase in the level of noise. SOIL REPORT: CEESI is in area S'7 for soils. Renohill-Shingle complex, 3 to 9 percent slopes. This map unit is on moderately dissected to highly dissected plains, upland ridges, and breaks. This unit is SO percent Renohill fine sandy loam and 35 percent Shingle clay loam. The Renohill soil is in the less sloping, slightly concave areas, and the Shingle soil is in the steeper, convex areas. Included in this unit are small areas of Midway and Teasel soils. Also iecluded are soma areas of flock outcrop. Included areas make up 1S percent of the total acreage. The Renohill soil is moderately deep and well .drained. It formed in calcareous loamy or clayey residuum derived dominantly from shale. Typically, the surface layer is brown fine sandy loam 4 inches thick. The subsoil is clay loam 13 inches thick. The substratum is calcareous clay loam 12 inches thick. Shale is at a depth of 29 inches. Depth to shale ranges from 20 to 40 inches. Permeability of the Renohill soil is slow. Available water capacity is moderate. Effective rooting depth is 20 to 40 inches. Runoff is medium, and the hazard of water erosion is moderate. The hazard of soil blowing is moderate to high. This Shingle soil is shallow and well drained. It formed in calcareous loamy or clayey residuum derived dominately from shale. Typically, the surface layer is yellowish brown clay loam 4 inches thick. The underlying materiel is clay loam 7 inches thick. Shale is at a depth of 11 inches. Depth to shale ranges from 10 to 20 inches. The soil is calcareous throughout. Permeability of the Shingle soil is moderate. Available water capacity is low. Effective rooting depth is 10 to 20 inches . Runoff if medium to rapid end the h azer d of water erosion is moderate. The hazard of soil blowing i slight. This unit is used :as rangeland. The potential plant community on the Renohill soil is mainly blue grams, western wheatgr.ass, sedges, and buffalcgress. The average annual production of air-dry vegetation renges from 400 to 1 ,400 pounds. The potential plant community on the Shingle soil is mainly western wheatgrsass, blue grama, alkali sacaton, and sideoetts grams. The average annual production of air-dry vegeta- tion ranges from 300 to 900 pounds. If the range is overgrazed, the proportion of preferred forage plants decreases and the proportion of less preferred forage plants .increases. There- fore, livestock grazing should be managed so that the desired balance of pre- ferred species is maintained in the plant community. Range seeding is sui.teble if the range is in poor condition. The plants selected for seeding should meet the seasonal requirement of livestock or wild- life, or both. Other management practices that are suitable for use on this unit are proper range use, deferred grazing, end rotation grazing. If the plant cover is disturbed, protection from erosion is needed. Loss of the surface layer results in a. severe decrease in productivity ani in the potential of the soils in this unit to produce plants suitable for grazing. The Renohill soil is well suited to windbreaks and environmental plantings. The Shingle soil is poorly suited to windbreaks and environmental plantings. The amain limitation are shallow rooting depth and low available water rapacity. This map unit, is in capability subclass Vie, nonirrigeted. The Renohill soil is in Loamy Plain range site, and the Shingle soil is in Ehaly Plains range site. CERTIFIED LIST OF PROP'ERT'Y OWNERS: The following is a list of surrounding property owners which was taken from the Weld County Assessors Office. 0301-3S-0-00-007 James A. and Ina Mae Lawrence P.O. Box 901 Eaton, Colorado 80615 0301-36-0-00-009 State of Colorado 0299-31-0-00-003 United States of America 0455-01-0-00-005 James A. and Ina Mae Lawrence P.O. Box 901 Eagan, Colorado 80615 0457-06-0-00-001 C-.A.R.D. Inc. Rt. 1 Box 27 Nunn, Colorado 80848 O1 A' €7!11�, MINERAL RIGHTS OWNERS: Accordis'ig La the Wale County Assessors Office, there is no one listed who has any mineral rights to the Property Owned by Mr. Steve Caldwell and Mr. Walt Seidl }mown as COLORADO ENGINEERING AND EXPERIMENTAL STATION INCORPORATED. Stewart Title Guaranty Company has been contacted to research for any and ell mineral rights under this parcel of property. According to the information enclosed, .no rights to minerals is shown. F e.1 PLANNING COMMISSION CERTIFICATION This is to certify that the Weld County Planning Commission has certified and does hereby recommend to the Board of County Commissioners, Weld County, Colorado for their confirmation, approval and adoption of this Site Specific Development Plan and Use by Special Review as shown and described hereon this day of , 19 �CFa i rmai�, Qeid Count P l enn i nq nomm i ss i on BOARD OF COUNTY COMMISSIONERS CERTIFICATE This is to certify that the Board of County Commissioners, Weld Countly, Colorado does hereby confirm and adopt this Site Specific Development Flan and Use by Special Review and Development Standards as shown and described hereon this day of , 19 Chazrma:n, Board of Lounty-nommissioners ATTEST: Weld County Clerk to the Board BY: MDepuEy Clerk to Ehe Dated: PROPERTY OWNER'S APPROVAL The undersigned major property owner(s) do hereby agree to the Site Specific Development Flan and Use by Special Review Development Standards as described her=on this day of , 19 CE!SI COLORADO ENGINEERING LABORATORY/OFFICE: EXPERIMENT STATION INC. 54043 County Rd.37 Nunn,Colo.80648 303-897-2711 July 17, 1991 Weld County Commissioners Greeley, Colorado Gordon E. Lacy George Kennedy Constance Harbert C.W. Kirby W. H. Webster Dear Commissioners: We have completed an application for a "Special Use Permit" for the property located at 54043 Weld County Road # 37. The business located at this location has been in continuous operation since 1965 and has outgrown the available office space. We have started construction of a new office building and in doing so discovered we were in violation of the county building requirement as well as the planning commission requirements. The need for this new office is very great as we have undertaken many new projects that require additional personnel and we currently have no available office space to accommodate these additional people. I am requesting that the County Commissioners consider the issuance of the necessary building permits prior to the full review process by the Planning Commission. We will hold the Weld County harmless and will remove any structures built at our own expense. I fully understand these permits would be issued at our risk. I believe the county cannot find any reason not to grant a spe- cial use permit for this location since we have been in business for twenty-five years and do employ a number of Weld County residents and contribute greatly to the economy. As I mentioned previously, this new office facility is needed. Please consider our request for issuance of the building permits. Res tfully, -�_ ea29--et Steve Caldwell Vice President Enclosed: Copy of letter to Keith Schuett June 7 , 1991 Cki .x ; _.,. , SEES! COLORADO ENGINEERING LABORATORY/OFFICE. EXPERIMENT STATION INC. 54093 Courtly Rd.37 Nunn,Colo.80648 303897-2711 Mr. Keith Schuett June 7, 1991 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Mr. Schuett: I would like to thank you and your staff for being so helpful in getting me started on the right track as far as the necessary permits and the understanding of the regulations regarding construction in Weld County. My misunderstanding of the requirements of non-conforming use is quickly being changed. After our discussion and some additional research, we now understand that we are not exempt from the county building and planning requirement as previously thought. Given this new enlightenment, I would like you to review the past usage history of this property and I will try to explain the need we have for this expansion into new office facilities which is the subject of review. This property has been in a non-conforming use status for approximately thirty-five years. The first ten years or so, the property contained a Intercontinental Ballistic Missile system designated as an Atlas E system. The building structures are very similar to the site the county currently has at Windsor, with the majority of the facility located underground. After the missile system was considered outdated and surplus through the Federal Government, we acquired the property in 1965. The use of the property has not significantly changed since that date. We have provided a calibration service for the calibration of Fluid Flowmeters. In the early years of the company, our work effort was mainly directed toward the modification of the facility to fit our needs as a calibration laboratory and to continue the work which was being conducted at the University of Colorado. Prior to the startup of the lab at Nunn, facilities were constructed to allow gas flow measurement to be made with very high accuracies and with traceable links back to fundamental units such as volume, mass and time. These facilities were constructed for NASA and the major automotive manufacturers. At this time, 1965 to 1970, no other facilities in the United States offered such high of „�a :: accuracies and had such wide capabilities. The latter years, 1972 to 1985, significant changes occurred in the lab which allowed much higher flow capability. This proved to be of great value in the measurement of natural gas and in the safe operation of many gas handling products, such as control valves and sub surface safety valve systems. Again, our company proved to be the leader in all aspects of compressible flow measurement. In the past few years, as in the previous twenty, changes in our capability have provided much needed research capability to our country's industries which has allowed for safer and more efficient products as well as providing support to our country's defense systems. We have expanded our capabilities into liquid measurement for the oil industries and have conducted research into secondary and tirturaty oil recovery by construction of a high pressure CO2 facility. We have continued to grow since acquiring the property in 1965. We currently employ twenty full time people and with the renewed emphasis on energy efficiency and a cleaner environment our outlook for continued growth is very good. Our current usable floor space is gone and thus the need for additional room is required. It is no longer practical to continue modifying the existing underground structure when all the available space is being utilized. For this reason we have started construction of the new office building. This expansion will allow us to have separate offices from the main lab area, providing a much improved working environment and allowing us to add the necessary staff for our projected increase in business. As I have mentioned, we have started this construction project and have a real need to be in the new offices by the first of August. We have new personnel starting and have a number of international visitors scheduled to arrive to review our very unique facility. This new office would greatly improve our appearance and safety. This will enhance our overall international standing. During this period of international business growth this improvement is very important to our standing in the international business community. If you require any additional information or would care to visit our facility, please call. Respectfully, Steve Caldwell Vice President/Co-owner 01 .., . B 1141 REC 02082960 12/31/86 16: 41 $6.00 1/002 AR20H2960 F 0"0 MARY ANN FEUERSTEIN CLEF & RECORDER WELD CO, CO State Documentary R j Date ..F.C...1./. /..9Re I DEED $ -•17S This Deed, made this 30th day of December, 1986, between COLORADO ENGINEERING EXPERIMENT STATION, INC.,(being that certain entity which was incorporated as a Colorado anon-profit corporation pursuant to a Certificate of Ireasrporation dated August 19, 1965 and filed with and approved by the Colorado Secretary of State,and being the same entity to whom the United States of America,by Quitclaim Deed dated March 30, 1966, conveyed the following-described real property), GRANTOR,and COLORADO ENOINEERINO EXPERIMENT STATION, INC.,a for-profit corporation incorporated July 1, 1986 under the laws of the State of Colorado,whose address is 54043 County Road 37, P.O. Box 41,Nunn,Colorado 80648,GRANTEE: WIT NESSETH,that said Grantor,for and in consideration of the sum of ninety-seven thousand five hundred and no/100 dollars($97,500.00) to the said Orantor paid by the said Grantee,the receipt whereof is hereby confessed end acknowledged,bath granted,bargained,sold and conveyed,and by these presents doth grant, bargain,sell,convey and confirm unto the said Orantee,its successors and assigns forever,all of the following- described property,situate and lying in the County of Weld,State of Colorado, being those portions of the Southeast Quarter of Section 36,Township 10 North,Range 66 West of the Sixth Principal Meridian in the County of Weld,State of Colorado,described as follows: The basis of all bearings contained herein was taken as considering the East line of said Southeast Quarter as bearing North and South,to wit: Parcel 1,Aaoess Road Beginning at the Southeast Corner of said Section;thence along the East line of said Section North 13.52 feet to the true point of beginning;thence continuing along said East line North 356.78 feet;thence North 29'55'38"West ‘,1 2118.23 feet to a 1-1/2" iron pipe and seal L. S. 4845;thence Sarah 0606112"West 355.67 feet toe 1-1/2" �. iron pipe and seal L. S. 4845;thence South 29'55'38"East 2119.53 feet more or less W the true point of C beginning,containing 8.66 acres, more or less. L 0 Parcel II,Test Area Beginning at the Southeast Corner of said Section 36;thence along the East line of said Section North 370.30 feet; thence North 29'55'38"West 2118.23 feet to a 1-1/2'iron pipe and seal L. S. 4845,said pipe being the true point of beginning;thence South 0'06'12"West 824.07 feet toe 1-1/2" iron pipe and seal L.S. 4845;thence North 89'54'42"West 801.79 feet ilia 1-1/2"iron pipe and seal L. S. 4845;thence North 0'5'02"East 1001.71 feet to a 1-1/2"iron pipe and seal L.S. 4845;thence Sarah 89'54112" East 802.13 feet toe 1-1/2" p iron pipe and seal L.S. 4845;thence South 0'06'12"West 177.53 feet to the true point of beginning,containing C 18.44 acres,more or less. C also known and numbered as 54043 County Reed 37. TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion or reversions, reminders,rants, issues and profits thereof;and all the estate, right,title,interest,claim and demand whatsoever of the said Grantor,either in law or equity,of, in and to the above bargained premises with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the said Grantee,its successors and assigns forever. And the said(banter,for itself and its successors,doth covenant, grant, bargain,and agree to and with the said Grantee, its successor and assigns,that at the time of the caseating and delivery of these presents it is well seized of the premises above conveyed,as of a good,sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,and teeth good right, full power and lawful authority to grant, bargain,sell and convey the same in manner and farm aforesaid,and that the serve are free and clear iron all former and other grants,bargains,sales,liens,taxes,assessments and incumbranses of whatever kind or nature soever,axaapt reel estate taxes and assessments for the year 1986 and thereafter,easements, restrictions,auditions,exceptions and covenants of record,if any; And the above bargained premises in the quiet and peaceable possession of the said Grantee, its successors and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the Grantor shall and will WARRANT AND FOREVER DEFEND. B 1141 REC 02082960 12/31/86 16: 41 $6.00 2/002 F 0171 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS DEED, in the event that there is issued and communicated to the Grantee prior to December 31, 1987,a specific ruling issued by the Internal Revenue Service of the United Steles of America or the COb rade Attorney General declaring that the conveyance of the above-described reel property to Grantee is invalid or,although valid,must be rescinded or set aside,then and in such event upon the written demand of Grantor to Grantee delivered prior to December 31, 1987,Orantee covenants and agrees to execute and deliver to Grantor herein a Quitclaim Deed to the above-described real property concurrent with the payment to 0rentee herein of an amount equal to$97,500.00,together with interest thereon at the rate of -o- % per annum from date hereof to the data of such payment by Grantor herein to Grantee herein. IN WITNESS WHEREOF,this Deed has been executed by authority of Grantor's Board of Directors as of the ,,„...tygar and day first above written. ,,,:•‘`;‘,.. N v c-..\„/".-...' •'''•'�'••� COLORADO ENGINEERING EXPERIMENT STATION, INC.,Grantor \C 1A„Y �s„-~ ..� a-� � by; �. ✓ , tj,.:`P�;riot ,, B.ThomasArnberg,Chairman of the Botdof Directors or STATE OF COLORADO ) COUNTY OF /�. ) SS. The foregoing instrument was acknowledged before me this 30th day of December, 1986 by B. Thomas Arnberg,Chairman of the Board of Directors of Colorado Engineering Experiment Station, Inc.,Grantor. Witness my hand and official seal. My commission expires. ,1,. 74S °Si-b in/24 C (3�L .,rk U Notary Public ACCEPTANCE AND ACKNOWLEDGMENT The Grantee under the foregoing Deed hereby approves and accepts the provisions of the foregoing Deed and agrees to be bound thereby. COLORADO ENGINEERING EXPERIMENT STATION, INC.,Orantee b,: 671dittc, Fr. Ate"-, President Attes • / • Secretary STATE OF COLORADO ) ) SS. COUNTY OF lifip2 A s-c ) Alte ego qg ristrument was acknowledged before me ihyjs 30th day of� bec,,t 986 by ,,, cep as President and ,,d$�?p l Q• cr i + K as Secretary of Colorado E nearing Experiment Station, Inc.,Grantee. Witness my hand and official seal. My commission'moires:, i.12. 7.fin olii-P l pin L 9(/iU� , Ii J Notary Public ore 1:.t1 4."0. ..?'.g.:"...7.1;.:19 .{ kit., Ai l?j-� 't 71 _[ : _-f-c-c- •"• •'�P r .0:1 7 Hello