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Home My WebLink About940747 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1049 IN THE A (AGRICULTURAL) ZONE DISTRICT FOR AN INDUSTRIAL USE (MANUFACTURING AND SALES OF STEEL GATES AND PANELS) - ANTHONY AND AMY BAKER, AKA LUCKY GATE COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 3rd day of August, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Anthony and Amy Baker, aka Lucky Gate Company, 8677 Highway 66, Platteville, Colorado 80651, for a Site Specific Development Plan and Special Review Permit #1049 in the A (Agricultural) Zone District for an Industrial Use (manufacturing and sales of steel gates and panels) , on the following described real estate, to-wit: Part of the SEk of Section 21, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, at said hearing on August 3, 1994, the Board deemed it advisable to continue said request to August 17, 1994, at 10:00 a.m. , to allow the presence of said applicants, and WHEREAS, at said hearing on August 17, 1994, Anthony and Amy Baker, applicants, were present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan's Agricultural and Urban Growth Boundary Goals and Policies. This proposal will not remove any productive agricultural land from production. The Town of Mead has reviewed this proposal and indicated this proposal does not conflict with its interests. b. The proposal is provided for as a Use by Special Review in the Weld County Zoning Ordinance. 940747 PL0965 PLO9il05 C'c'_: F6Gj .OAX-EIC SPECIAL REVIEW PERMIT #1049 - BAKER, AKA LUCKY GATE CO. PAGE 2 c. The permitted uses will be compatible with the existing surrounding land uses which include irrigated crops, a rural residence, pasture, and State Highway 66 within an Urban Growth Boundary. d. The permitted uses will be compatible with the future development of the surrounding area which is expected to eventually have similar uses, given the location along a state highway within an Urban Growth Boundary. e. No overlay districts affect the site. f. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Anthony and Amy Baker, aka Lucky Gate Company, for a Site Specific Development Plan and Special Review Permit #1049 in the A (Agricultural) Zone District for an Industrial Use (manufacturing and sales of steel gates and panels) on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: a. The plat shall be amended to indicate 75 feet of right-of-way reserved north of the centerline of State Highway 66. b. The applicant shall either obtain an access permit from the Colorado Department of Transportation or submit evidence from the Department of Transportation that an access permit is not required. c. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health, for emissions 940747 SPECIAL REVIEW PERMIT #1049 - BAKER, AKA LUCKY GATE CO. PAGE 3 of criteria, hazardous or odorous air pollutants. Sources of such emissions include, but are not limited to, the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. d. Any existing septic system which is not currently permitted through the Weld County Health Department shall obtain an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s) . In the event the system(s) is found to be inadequate, the system(s) shall be brought into compliance with current I.S.D.S. regulations. e. The applicant shall either obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division, or submit evidence that a stormwater discharge permit is not required. f. The noncommercial junkyard consisting of derelict vehicles, second-hand building materials and various junk shall come into compliance with the Weld County Zoning Ordinance, by either being removed from the property, or screened from view from surrounding properties and adjacent road rights-of-way. g. The applicants shall submit information to the Department of Planning Services that the applicants have a legal and adequate water supply for the proposed uses. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of August, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: Lemuel'? WELD COUNTY, CO RADO Weld County Clerk to the Board �,� kith �/j y7 illA_ IH. Webster, Cha rma / BY: �.,1�-Flit 4.�_ cre, Deputy Clerk to the Board Da . Hall, • .- e APPRO D AS TO FORM: KeL.f( Y/ ' I�I eog/E. Baxter yY�� County �tanc berms rt Barbara J. Kirkmeye 940747 HEARING CERTIFICATION DOCKET NO. 94-56 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT IN THE A (AGRICULTURAL) ZONE DISTRICT FOR AN INDUSTRIAL USE (MANUFACTURING AND SALES OF STEEL GATES AND PANELS) - ANTHONY AND AMY BAKER, AKA LUCKY GATE COMPANY A public hearing was conducted on August 17, 1994, at 10:00 a.m. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Greg Thompson The following business was transacted: I hereby certify that pursuant to a notice dated July 18, 1994, and duly published July 21, 1994, in the Windsor Beacon, a public hearing was conducted on August 3, 1994, to consider the request of Anthony and Amy Baker, aka Lucky Gate Company, for a Site Specific Development Plan and Special Review Permit in the A (Agricultural) Zone District for an Industrial Use (manufacturing and sales of steel gates and panels) . At said hearing on August 3, 1994, said matter was continued to August 17, 1994, at which time Lee Morrison, Assistant County Attorney, made this a matter of record. Greg Thompson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. He suggested adding a Condition of Approval 113g which would require the applicants to submit information to the Department of Planning Services verifying they have a legal and adequate water supply for the proposed uses. Mr. Thompson explained a referral response from the Division of Water Resources was received after the Planning Commission hearing, and this Condition should resolve any problems. Anthony and Amy Baker, applicants, were present, and Mr. Baker stated they will be manufacturing and selling steel gates for corrals, etc. Mr. Thompson reread the additional Condition and answered questions of the applicants. Mr. and Mrs. Baker confirmed that all Conditions of Approval and Development Standards are agreeable and that they only use the well water for a toilet, not for drinking. No public testimony was offered concerning this matter. Commissioner Hall moved to approve the request of Anthony and Amy Baker, aka Lucky Gate Company, for a Site Specific Development Plan and Special Review Permit in the A (Agricultural) Zone District for an Industrial Use (manufacturing and sales of steel gates and panels) , based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as well as the addition of Condition of Approval #3g, as entered into the record. The motion was seconded by Commissioner Baxter, and it carried unanimously. 940747 RE: HEARING CERTIFICATION - BAKER, AKA LUCKY GATE CO. PAGE 2 This Certification was approved on the 22nd day of August, 1994. APPROVED: ATTEST: gdiga,in BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk y ytoylthe Board BY: ( ((� AI 1 11,(t ( �t Plebs er, Ch firma Deputy C1$rk to the Board Dale14K. Hall, TAPE #94-33 Geor Baxter DOCKET 1194-56 o stance L. Harbert PL0965 / dea f-C� arbara J. Kirkme er O 940747 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ANTHONY AND AMY BAKER, AKA LUCKY GATE COMPANY USR 111049 1. The Site Specific Development Plan and Special Review Permit is for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. Landscaping is allowed within the highway right-of-way, as long as it does not obstruct sight distance to any highway access, does not present a safety hazard, and is maintained by the adjacent property owner. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) as measured according to 25-12-102, Colorado Revised Statutes. 9. Adequate toilet facilities shall be provided for the public. 10. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 11. The septic system shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 12. The I.S.D.S. permit shall be finalized and approved by an Environmental Protection Specialist within one year of the application date. 13. One 20-pound, type ABC-rated, fire extinguisher shall be within 50 feet of all work areas. 940747 DEVELOPMENT STANDARDS - BAKER, AKA LUCKY GATE CO. PAGE 2 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 18. 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. 19. 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. 940747 NOTICE The Board of County Commissioners of Weld County, Colorado, on August 17, 1994, 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: Anthony and Amy Baker aka Lucky Gate Company 8677 Highway 66 Platteville, Colorado 80651 LEGAL DESCRIPTION: Part of the SE; of Section 21, Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An Industrial Use (manufacturing and sales of steel gates and panels) in the A (Agricultural) Zone District SIZE OF PARCEL: 1.5 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD PUBLISHED: August 25, 1994, in the Windsor Beacon 940747 AFFIDAVIT OF PUBUCATION NOTICE The Board of County STATE OF COLORADO Commieeloners of Weld SS Count,Colorado,on August COUNTY OF WELD 17, 1994, conditionally approved a Site Specific Speci Revtiew Plan and I, ROGER A. UP of said County of Weld, being Special Rentew Permit for I�R. duly the property and purpose sworn,say that I am publisher of described below. Conditional approval of this plan creates a vested proper- WINDSOR BEACON y right pursuant to Article 68 of Idle 24, C.R.S.. as amended, for a period of a weekly newspaper having a general circulation in said three yews. County and State, published in the town of WINDSOR, in APPLICANT:Anthony and said County and Stale; and that the notice, of which the Amy aka Lucky Baker Company annexed is a true copy, has been published in said weekly 8677 Highway to for / successive weeks, that the notice was Platteville,Colorado 80851 published in the regular and entire issue of every number of LEGAL DESCRIPTION:Pan the paper during the period and time of publication, and in of t SE1/4 of senior 21, the newspaper proper and not in a supplement, and that Townehtp 3 North,Range 1, wsP P Pe PP West of the 6th P.M.,Weld the first publication of said notice was in said paper bearing County,Colorado the date of the /1 TYPE AND INTENSITY OF 2day of ate A.D., 19 67 /and the APPROVED USE: An last publication bean the date of the Industrial Use (manufactur- ing end sales of steel gates day of A.D., 19 and that and panels) in the A the said WINDSOR BEACON has been published (Agrkullural),Zone District continuously and uninterruptedly for tF-s period of 5 SIZE OF PARCEL: 1.5 consecutive weeks, in said County and State, prior to the acres,more or lees date of first publication of said notice, and the same is a Failure to abide by the terms newspaper within the meaning of an Act to regulate printing whin result It in affs of orfeei approval r f of legal notices and advertisements, approved May 18, 'wed property dght. 1931, and all prior acts so far as in force. BOARD OF COUNTY COM- MISSIONERS • WELD COUNTY, COL- ORADO /I ISHER BY: DONALD D.WARDEN CLERK TO THE BOARD Subscribed and sworn to before me this .L 7 day of au ,it 19 9V BY: SHELLY K.MILLER q DEPUTY CLERK TO THE -LTA,t2 C0e-- BOARD NOTARY PUBLIC A06Md le Ilea tetwer usai. 0e Meet as My commission expires / ? ( ?(> . • 940747 22 3036785680 Lucky Gate Co. IO2 Lucky Gate Company 1677 tlg way 66 Platt-.ilk,CO 80631-9111 (303)7$$.844 August 2, 1994 Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 Ann: Greg Thompson Dear Greg; Earlier today I talked with Keith about postponing the hearing for Lucky Gate Co. from tomorrow, Aug. 3 until the next meeting date. The guys with Lucky Gate Co. are all out of the office this week, which leaves me to watch the shop, and Tony can not get the time off from work. We both feel that if not both of us, at least one of us should be at the hearing, We would appriciate being able to go the next weeks meeting instead of tomorrow's. If you have any questions, please call me at 785-0544. Thank you. Amy Baer qt_ 5— C a.k.a. Lucky Gate Cu. )) 1� �I` AUG 0 2 1994 � wm o county Planning AUG 2 '94 17:36 3036795660 PAGE.002 940747 gxltibd a STATE OF COLORADO OFFICE OF THE STATE ENGINEER of-c Divisionarteft of r Reso ees �e Department of Natural Resources „F/� 1313 Sherman Street,Room 818 \ • Denver,Colorado 80203 r;a'r6 e' Phone(303)866-3581 FAX(303)866-3589 Roy Romer Governor July 13, 1994 lames S.Lochhead Executive Director Mr. Greg Thompson Hal D.Simpson State Engineer Weld County Department of Planning Services 1400 N. 17TH Ave. Greeley, CO 80631 Re: Lucky Gate Company/ Baker, SSR, USR-1049 SW1/4 Sec. 21, T2N, R67W, 6TH PM W. Division 1, W. District 2 Dear Mr. Thompson: We have reviewed the above referenced proposal to have a gate manufacturing facility on a 1.3 acre parcel. No information was provided on estimated water requirements or the proposed water supply. There are two high capacity wells in the area, permit Nos. 4098-F and 14762-R. Neither of these could serve this facility without operating under a Division 1 Water Court decreed plan for augmentation. We do not have enough information to comment on the adequacy of the proposed water supply. If you have any questions in this matter, please contact me. Sincerely, icr.ltA) cc)/1,O4, kit,/ John Schurer, P.E. Senior Water Resource Engineer JS/luckyg cc: Alan Berryman, Division Engineer Water Supply Branch r1iff-1 't 1994 r-er ciMMflnr Ek !ubtf Cc' : 0. 6); 940747 416t44; mEmoRAnDum W�`P Clerk to the Board July 28 Y994 To Date Greg Thompson, Current Planner l,L Ei ..i COLORADO From tl 1 USR-1049, Anthony and Amy Baker, aka. Lucky date codipany Subject: The enclosed referral response was received and indicates the Division of Water Resources does not have enough information to comment. I have contacted the applicant and informed them of the referral, and they are in the process of finding a solution. Also, I have enclosed a photograph of the sign posted for the Board of County Commissioners Meeting. „ IC' 11 M e 940747 Cx lu be g e c dote s) F.. i MINUTES July 7, 1994 Page 2 Mr. Guttersen stated they will work with C.F.G. Energy to make sure they have proper ingress and egress. yr. Guttersen also stated that the area around the well is already fenced and would not require any more fencing. The Chairperson asked the applicant if he had read the staff recommendation and if he had any concerns or questions. The applicant said the recommendation was acceptable to him. Bud Clemons moved Case Number S-359 for a Preliminary Plan for a Subdivision in the E (Estate) zone district be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Motion seconded by Richard Kimmel. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes, Juliette Kroekel - yes; Bud Clemons - yes; Marie Koolstra - yes; Ron Sommer - yes; Judy Yamaguchi - yes. Motion carried unanimously. CASE NUMBER: USR-1049 NAME: Anthony and Amy Baker, aka. Lucky Gate Co. ADDRESS: 8677 Highway 66, Platteville, CO 80651 REQUEST: A Site Specific Development Plan and a Special Review permit in the A (Agricultural) zone district for an industrial use (manufacturing and sales of steel gates and panels) . LEGAL DESCRIPTION: Part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66. Anthony and Amy Baker, applicants, stated they would like to run a gate company from their agricultural property. Judy Yamaguchi asked what the gates are used for. Mr. Baker stated they are used by farmers and people with horses. Shirley Camenisch asked if they sell directly. Mrs. Baker stated yes. The Chairperson asked if anyone in the audience would like to speak for or against the application. No one wished to speak. Richard Kimmel moved that Case Number USR-1049 for a Site Specific Development Plan and a Special Review permit in the A (Agricultural) zone district for an industrial use (manufacturing and sales of steel gates and panels) be forwarded to the Board of County Commissioners with the Planning Commissions ' recommendation for approval. Motion seconded by Marie Koolstra. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes, Juliette Kroekel - yes; Bud Clemons - yes; Marie Koolstra - yes; Ron Sommer - yes; Judy Yamaguchi - yes. Motion carried unanimously. EX dh,( i')( f C 940747 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION 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-1049 NAME: Anthony and Amy Baker, aka. Lucky Gate Co. ADDRESS: 8677 Highway 66, Platteville, CO 80651 REQUEST: A Site Specific Development Plan and a Special Review permit in the A (Agricultural) zone district for an industrial use (manufacturing and sales of steel gates and panels) . LEGAL DESCRIPTION: Part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Agricultural and Urban Growth Boundary Goals and Policies. This proposal will not remove any productive agricultural land from production. The Town of Mead has reviewed this proposal and indicated this proposal does not conflict with their interests. - The proposal is provided for as a Use by Special Review in the Weld County Zoning Ordinance. - The permitted uses will be compatible with the existing surrounding land uses which include irrigated crops, a rural residence, pasture, and State Highway 66 within an Urban Growth Boundary. - The permitted uses will be compatible with the future development of the surrounding area which is expected to eventually have similar uses, given the location along a state highway within an Urban Growth Boundary. - 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. Pt 09675 940747 RESOLUTION, USR-1049 Anthony and Amy Baker, aka. Lucky Gate Co. Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: A. The plat shall be amended to indicate 75 feet of right-of-way reserved north of the centerline of State Highway 66. B. The applicant shall either obtain an access permit from the Colorado Department of Transportation, or submit evidence from the Department of Transportation that an access permit is not required. C. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include, but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. D. Any existing septic system which is not currently permitted through the Weld County Health Department shall obtain an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s) . In the event the system(s) is found to be inadequate, the system(s) shall be brought into compliance with current I.S.D.S. regulations. E. The applicant shall either obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division, or submit evidence that a stormwater discharge permit is not required. F. The noncommercial junkyard consisting of derelict vehicles, second- hand building materials and various junk shall come into compliance with the Weld County Zoning Ordinance, by either being removed from the property, or screened from view from surrounding properties and adjacent road rights-of-way. Motion seconded by Marie Koolstra. 940'74'7 RESOLUTION, USR-1049 Anthony and Amy Baker, aka. Lucky Gate Co. Page 3 VOTE: For Passage Against Passage Richard Kimmel Shirley Camenisch Juliette Kroekel Bud Clemons Marie Koolstra Ron Sommer Judy Yamaguchi The Chairperson 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, Becky Dittman, 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 July 7, 1994. Dated the 7th of July, 1994. Becky D tman Secretary 940747 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Anthony and Amy Baker, aka. Lucky Gate Co. USR-1049 1. The Site Specific Development Plan and Special Review permit is for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. Landscaping is allowed within the highway right-of-way, as long as it does not obstruct site distance to any highway access, does not present a safety hazard, and is maintained by the adjacent property owner. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) as measured according to 25-12-102, Colorado Revised Statutes. 9. Adequate toilet facilities shall be provided for the public. 10. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 11. The septic system shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 12. The I.S.D.S. permit shall be finalized and approved by an Environment Protection Specialist within one year of the application date. 13. One 20 pound type ABC rated fire extinguisher shall be within 50 feet of all work areas. 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 940747 DEVELOPMENT STANDARDS, USR-1049 Anthony and Amy Baker, aka. Lucky Gate Co. Page 2 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 18. 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. 19. 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. 940747 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Anthony and Amy Baker, aka. Lucky Gate Co. Case Number: USR-1049 Submitted or Prepared Prior to Hearing At Hearing 1. Application 31 pages X 2. Application plat 1 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Original sign posting picture dated May 26, 1994 X 12. Copy of sign posting picture dated May 26, 1994 X 13. Fax memo from Greg Thompson, Current Planner, to Amy Baker dated June 1, 1994 X 14. Planning Commission member field check dated May 27, 1994 X 15. Weld County Public Works Department referral response dated May 27, 1994 X 16. Weld County Health Department referral response dated June 7, 1994 X 17. Colorado State Department of Transportation referral response dated June 8, 1994 X 18. Weld County Public Works Department memo dated June 15, 1994 X 19. Town of Mead referral response dated June 16, 1994 X 20. Platteville Fire Protection District referral response dated June 20, 1994 X 21. Affidavit of publication dated June 2, 1994 X 22. Copy of sign posted at Planning Commission Meeting room indicating change of location for meeting, dated July 7, 1994 X 23. Planning Commission Resolution dated July 7, 1994 X C)(Ai et -- 94074'7 INVENTORY OF ITEMS Anthony and Amy Baker, aka. Lucky Gate Co. USR-1049 Page 2 24. Planning Commission Minutes dated July 7, 1994 X I hereby certify that the 24 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 Ju.��.t�yx/12� — GregY�jT/h/oRipson, C rent Planner STATE OF COLORADO ) IVr COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THISLi day of ".49; 191‘1.1 9�� SEAL 11) I NOTARY PUBLIC ( / My Commission Expires c;)' 3 .-,,t 940747 EXHIBIT INVENTORY CONTROL SHEET p Case U5 /049 - ZJ"1`f�? 771¢ 4 O &AA.) (le YLUCkt kj..-Q a• Exhibit Submitted By / Exhibit Description `�� . A. Pnl] tiu7 a n p `I J Ul"�U{'.i1 tet t� /ti rn�7 1-Lc ��. ",/� ' Tu -7/� B. 14'thiuw)o le)intresaam) rC P.i�?JY('.(A rots (t( A L tY/Yl/YUe�'t%�..un itnj ofir 71UJ.z,t.anC aur),I'Y14JL 1 (/ i P '?�-k1-0( ��I8 D. ( ./1(i) -71-o ?aCuto{- of ti-} t R �1a gh F. t o DJiVw ttlattataimeato / zQ1 , 33 D. #,A ‘>‘117 #11 il i L gh H. ()6,, TG ,'CA,, < /C 94? Cie 7?..Lf.'4.U.d`ilcrs_. I. U J. K. L. H. N. D. P. Q. • R. S. T. U. V. W. X. Y. Z. 940747 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 7, 1994 A regular meeting of the Weld County Planning Commission was held July 7, 1994 in the Community Room, City of Greeley, 1000 10th Street, Greeley, Colorado. The meeting was called to order by the Chairperson at 1:30 p.m. Tapes 461 Roll Call Richard Kimmel Present Bill O'Hare Absent Shirley Camenisch Present Juliette Kroekel Present Bud Clemons Present Marie Koolstra Present Ron Sommer Present Tom Rulon Absent Judy Yamaguchi Present Also present: Keith A. Schuett, Current Planner II, Greg Thompson, Current Planner, Department of Planning Services; Becky Dittman, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on June 21, 1994 was approved. There was a correction to the agenda to state Thursday instead of Tuesday on the date line. CASE NUMBER: S-359 NAME: Mike and Pam Guttersen ADDRESS: 26780 Weld County Road 36, Lasalle, CO 80645 REQUEST: Preliminary Plan for a Subdivision in the E (Estate) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to the Town of Kersey; east of and adjacent to Weld County Road 53. Mike Guttersen stated they had 87 acres adjacent to the Town of Kersey and they would like to subdivide into 13 lots for residential use. Bud Clemons asked the price range for the residences. Mr. Guttersen stated the minimum price would be $80,000 and up. Judy Yamaguchi asked if there would be covenants. Mr. Guttersen stated there would be. Marie Koolstra asked how the Town of Kersey reacted to the proposal. Mr. Guttersen stated that they had tried to negotiate with the Town for an annexation but he felt the town was not interested. The Chairperson asked if anyone in the audience would like to speak for or against the application. Richard Sitzman, surrounding property owner, stated that he felt this proposal would be a welcome addition to the community. Cynthia Zeren, representative for C.F.G. Energy, Inc. , stated that the mineral owners on the case were not contacted about this meeting. Ms. Zeren stated that C.F.G. Energy had three concerns; the first concern was to receive adequate access to the oil wells, having to replace fencing, and having weeds maintained outside of the their fenced area. EXHIBIT zq .14k, 14 MINUTES July 7, 1994 Page 2 Mr. Guttersen stated they will work with C.F.G. Energy to make sure they have proper ingress and egress. Mr. Guttersen also stated that the area around the well is already fenced and would not require any more fencing. The Chairperson asked the applicant if he had read the staff recommendation and if he had any concerns or questions. The applicant said the recommendation was acceptable to him. Bud Clemons moved Case Number S-359 for a Preliminary Plan for a Subdivision in the E (Estate) zone district be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Motion seconded by Richard Kimmel. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes, Juliette Kroekel - yes; Bud Clemons - yes; Marie Koolstra - yes; Ron Sommer - yes; Judy Yamaguchi - yes. Motion carried unanimously. CASE NUMBER: USR-1049 NAME: Anthony and Amy Baker, aka. Lucky Gate Co. ADDRESS: 8677 Highway 66, Platteville, CO 80651 REQUEST: A Site Specific Development Plan and a Special Review permit in the A (Agricultural) zone district for an industrial use (manufacturing and sales of steel gates and panels) . LEGAL DESCRIPTION: Part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66. Anthony and Amy Baker, applicants, stated they would like to run a gate company from their agricultural property. Judy Yamaguchi asked what the gates are used for. Mr. Baker stated they are used by farmers and people with horses. Shirley Camenisch asked if they sell directly. Mrs. Baker stated yes. The Chairperson asked if anyone in the audience would like to speak for or against the application. No one wished to speak. Richard Kimmel moved that Case Number USR-1049 for a Site Specific Development Plan and a Special Review permit in the A (Agricultural) zone district for an industrial use (manufacturing and sales of steel gates and panels) be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Motion seconded by Marie Koolstra. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes, Juliette Kroekel - yes; Bud Clemons - yes; Marie Koolstra - yes; Ron Sommer - yes; Judy Yamaguchi - yes. Motion carried unanimously. 940747 MINUTES July 7, 1994 Page 3 CASE NUMBER: Z-489 APPLICANT: Martin Brothers Partnership ADDRESS: 147 S. Denver Avenue, Fort Lupton, CO 80621 REQUEST: A Change of Zone from A (Agricultural) to E (Estate) . LEGAL DESCRIPTION: Part of the SW4 and part of the NW4 of Section 12, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3/4 miles south of Weld County Road 12 and approximately 3/4 miles west of Weld County Road 37. Greg Thompson asked to continue the case to the scheduled July 19, 1994 Planning Commission meeting so the applicant can have time to provide additional information to the Division of Water Resources which concerns their referral response dated June 22, 1994. Bud Clemons moved that Case Number Z-489 for a Change of Zone from A (Agricultural) to E (Estate) be continued until the July 19, 1994 Planning Commission Meeting. Motion seconded by Rom Sommer. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes, Juliette Kroekel - yes; Bud Clemons - yes; Marie Koolstra - yes; Ron Sommer - yes; Judy Yamaguchi - yes. Motion carried unanimously. Meeting adjourned at 1:57 p.m. Respectfully submitted, Becky DitieMan Secretary 940747 F':'=LD COU;;TY BEFORE THE WELD COUNTY, COLORADO, PLANNING ebMMTSg 'Olatcr.,^ RESOLUTION OF RECOMMENDATION TO THE BOARD OF CITV 'COITISlOrl Moved by Richard Kimmel that the following resolution be int tgitd for passage by the Weld County Planning Commission. Be it resole Weld County Planning Commission that the application for: BOARD CASE NUMBER: USR-1049 NAME: Anthony and Amy Baker, aka. Lucky Gate Co. ADDRESS: 8677 Highway 66, Platteville, CO 80651 REQUEST: A Site Specific Development Plan and a Special Review permit in the A (Agricultural) zone district for an industrial use (manufacturing and sales of steel gates and panels) . LEGAL DESCRIPTION: Part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Agricultural and Urban Growth Boundary Goals and Policies. This proposal will not remove any productive agricultural land from production. The Town of Mead has reviewed this proposal and indicated this proposal does not conflict with their interests. - The proposal is provided for as a Use by Special Review in the Weld County Zoning Ordinance. - The permitted uses will be compatible with the existing surrounding land uses which include irrigated crops, a rural residence, pasture, and State Highway 66 within an Urban Growth Boundary. - The permitted uses will be compatible with the future development of the surrounding area which is expected to eventually have similar uses, given the location along a state highway within an Urban Growth Boundary. - 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. i EXHIBITI 2i I/5(z -IoHq 940747 RESOLUTION, USR-1049 Anthony and Amy Baker, aka. Lucky Gate Co. Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: A. The plat shall be amended to indicate 75 feet of right-of-way reserved north of the centerline of State Highway 66. B. The applicant shall either obtain an access permit from the Colorado Department of Transportation, or submit evidence from the Department of Transportation that an access permit is not required. C. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include, but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. D. Any existing septic system which is not currently permitted through the Weld County Health Department shall obtain an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s) . In the event the system(s) is found to be inadequate, the system(s) shall be brought into compliance with current I.S.D.S. regulations. E. The applicant shall either obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division, or submit evidence that a stormwater discharge permit is not required. F. The noncommercial junkyard consisting of derelict vehicles, second- hand building materials and various junk shall come into compliance with the Weld County Zoning Ordinance, by either being removed from the property, or screened from view from surrounding properties and adjacent road rights-of-way. Motion seconded by Marie Koolstra. 940747 RESOLUTION, USR-1049 Anthony and Amy Baker, aka. Lucky Gate Co. Page 3 VOTE: For Passage Against Passage Richard Kimmel Shirley Camenisch Juliette Kroekel Bud Clemons Marie Koolstra Ron Sommer Judy Yamaguchi The Chairperson 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, Becky Dittman, 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 July 7, 1994. Dated the 7th of July, 1994. 7C(1/ 1.---P71 /221) Becky Dan Secretary 940747 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Anthony and Amy Baker, aka. Lucky Gate Co. USR-1049 1. The Site Specific Development Plan and Special Review permit is for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to section 90 of the Weld County Zoning Ordinance. 3. Landscaping is allowed within the highway right-of-way, as long as it does not obstruct site distance to any highway access, does not present a safety hazard, and is maintained by the adjacent property owner. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) as measured according to 25-12-102, Colorado Revised Statutes. 9. Adequate toilet facilities shall be provided for the public. 10. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 11. The septic system shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 12. The I.S.D.S. permit shall be finalized and approved by an Environment Protection Specialist within one year of the application date. N 13. One 20 pound type ABC rated fire extinguisher shall be within 50 feet of all work areas. 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 940747 DEVELOPMENT STANDARDS, USR-1049 Anthony and Amy Baker, aka. Lucky Gate Co. Page 2 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 18. 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. 19. 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. 940747 "4.14 I it:74n ' Z4 I tit esaki7\ rmi 4)OS 0 4? E . . kr (3 'a . �^ �y ciI 3 t e-Ca -:8 E , (.5 § c"-), „§ 2Thsta 4... c _Lch krl. dam � O I -tT ca: C * AFFIDAVIT OF PUBUCATION srocummuc Sin STATE OF COLORADO The Weld County Planning 55 Commission will hold a public COUNTY OF WELD hearing on Thursday,July 7, 1994, at 1:30 p.m. for the purpose of considering a Site I, ROGER A. LIPIER, of said County of Weld, being duly Specific Spacial Asew per Plan and swum,say that I am publisher of eoperty described eb for the pw. ropertyoftrequest st may create Approval the request may pursua a tvested property right WINDSOR BEACON pursuant to Colorado Law. APPLICANT: Anthony and a weekly newspaper having a general circulation in said Amy Baker County and State, published in the town of WINDSOR, in LEGAL DEESCRIPTION:Part of said County and State; and that the notice, of which the or Section SE4 W of the 6th P.M.,21, annexed is a true copy, has been published in said weekly theWeld County,Colo for / successive weeks, that the notice was TYPE AND INTENSITY OF published in the regular and entire issue of every number of PROPOSED USE:M Industrial the paper during the period and time of publication, and in o esteel(manufacturing and sapanels)in the newspaper proper and not in a supplement, and that of gates and is the A (Agricultural) zone the first publication of said notice was in said paper bearing 9 the date of the �/ 00ATt Oe t reldoxi op motnty an.� day of A.D., 19 97 and the 1 1000 feet west of County Road 19;north of and adjacent last publication be ring the date of the to State Highway 66. _day of AD., 19_ and that SIZE: 1.5 acres,more or less. the said WINDSOR BEACON has been published The pubic hearing all be held continuously and uninterruptedly for the period of 5 in the Weld County consecutive weeks, in said County and State, prior to the Commissioners'Hearing Room, First Floor, Weld County date of first publication of said notice, and the same is a Centennial Center,915 Tenth newspaper within the meaning of an Act to regulate printing Street, Greeley, Colorado. Comments or objections related of legal notices and advertisements, approved May 18, to the above request should be 1931,and all prior acts so far as in force. submf9ed in willing to the Weld County Depart,1400 N. t of Manning nbp / Services,1400 17th Aroma, Greeley,Colorado 90831, v bore presentedthe he pu date ng G /� 61 on.Jut at the public hearing ii D— , 1 on July 7,1994. Pe ISHER Copies of the application are i •availablefor public inspection in I Subscribed and sworn to before me this X714 day of the Department of Planning ^ � t9 if/ SeMces,1400 N.17th Avenue,I `/� / 7 hon - 5C3.38450 80631 nI iz� Phone - 3533845.Extension , /y 3540. Y ,(�I NOTARY PUBLIC Judy Yamaguchi,Chaitpelson Weld County Planning Commission My commission expires Sayf 7 - •- /f 9 G To be published one(Genie bY June 24,1994. Published In the Windsor Bexen on June 2,tent. • • I. r l'.0...r.+r�.,Rer fls%ttt 21 . -to V e g 0747 (it t*C-tpc DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES iiiiip e GREELEY, ON ORA AVENUE 140 COLORADO AVENUE 80631 COLORADO Date: May 24, 1994 CASE NUMBER: USR-1049 TO WHOM IT MAY CONCERN: Enclosed is an application from Anthony and Amy Baker, aka Lucky Gate Company for a Site Specific Development Plan and a Special Review permit for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by June 7, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, 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 r= E X 14 11'? submitted to you prior to: 2/0 5. \ Please refer to the enclosed letter. J - /0 Signed:, //7/''`/�,�� Agency: /lG 7 �l�i /!� !'/r`e Date: ' (j 2 / '7cr REFERRAL LIST lI JUN 2 8 1994 d -I_E J O...e,. ,,planning, 9407.'17 4'7 Plai vine Fire Protection T Strict P.O. Box 122 • Platteville, CO 80651 (303) 785-2232 Platteville Fire Department Gilcrest Fire Department P.O. Box 43 P.O. Box 568 Gilcrest, CO 80623 Platteville, CO 80651 Weld County Planning Dept 06/20/94 1400 N 17th Ave . Greeley, Co . 80631 Ref : USR-1049 The Platteville Fire District has reviewed the request from lucky gate company. We did not see in the plans mention of Fire Extinguisher placement and would ask that they have at least one Fire Extinguisher within 50 ' of all work areas . These extinguishers to be at least 201bs type ABC rated . / n You for thise. opportunity Glenn Miller, Fire Marshal Platteville Fire District LL___JuN 2 8 1994 a f•,,n rf Planning 940747 KitDEPARTMENT OF PLANNING SERVICES ip PHONE (303) 3533845, EX . 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. GREELEY,140 N. 17THAVENUEO631 COLORADO 80631 COLORADO Date: May 24, 1994 CASE NUMBER: USR-1049 TO WHOM IT MAY CONCERN: Enclosed is an application from Anthony and Amy Baker, aka Lucky Gate Company for a Site Specific Development Plan and a Special Review permit for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by June 7, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, 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. .. - -fg T 4. A formal recommendation is under consideration a submitted to you prior to: 5. !. lease refer to the enclosed letter. p, / Signed: ./� / Agency: ,/ ,:;&=x71/.. t �� , Date: / -/, —' REFERRAL LIST IC's I�5I JUN 2 4 1994 t"-"e-!-ti Planni qg 940747 Town of Mead cad P.O. Box 626 Mead, Colorado 80542 Mad- um.lbw. (303) 535-4477 N5d A 9y Nunn' June 16, 1994 Greg Thompson, Current Planner Weld County Dept. of Planning Services 1400 N. 17th Ave. Greeley, CO 80631 RE: Case No. USR - 1049, Anthony &Amy Baker, Lucky Gate Company Dear Greg: I have reviewed the above captioned Site Specific development Plan and Special Review request. The property is outside our present comprehensive plan area. We have no objections to this proposal. Thank you for the opportunity to review the proposal. Sincerelyc, Gary 9gt ✓f/ Circuit ider City Manager iDWALTONCT- t JUN 2 4 1994 Planninn 940747 off Pct I. MEMORAnDU Noe Greg Thompson, To Current Planner Date June 15, 1994 COLORADO From Donald R. Carroll. Administrative Coordinator --- Subject Lucky Gate Company, USR-1049 - Amended I have visited with the applicant about the stormwater retention facility. They indicated that the new large proposed building on site is a replacement of the existing structure, with no stormwater being displaced or any changes made in the run-off characteristic of the property. I recommend that the applicant rework the milar to indicate the existing building be removed prior to recording the final plat. g0I5M91 It JUN t 6 1994 inlaid County{Nanning DRC/mw:prlucky.mrw cc: Commissioner Kirkmeyer Planning Referral - Lucky Gate Company, USR-1049 Amended It 4%wr°�t 94. 0747 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION '� ,�7 Region 4 1420 2nd Street P.O.Box 850 Greeley,Colorado 80632-0850 (303)353-1232 Weld County, SH 66 A. & A. Baker - aka Lucky Gate Company 1000' West of WCR 19, N. Side West of Platteville June 8, 1994 o Mr. Greg Thompson - Current Planner y , V Department of Planning Services I JUN 1 3 1994 Weld County Administrative Offices - 1400 N. 17th Avenue r�► IeiCounty Planning Greeley, CO 80631 Dear Greg, I have reviewed the proposal for Lucky Gate Company Site Specific Development Plan and Special Review permit, and offer the following comments : RIGHT-OF-WAY The plan does not indicate the existing right-of-way width. Projected traffic along SH 66 indicates the need for 150 foot total ROW, 75 feet each side of the highway centerline. Additional ROW should be reserved, or preferably, dedicated in order to meet that projected need and as allowed by County regulations . ACCESS The proposal describes the increase of employees from 3 to 10 . The increase would result in a change of use as termed by the State Highway Access Code. That Code describes change of use as an increase of volume to and from a site of at least 20%. The change of use provides the Department of Transportation the opportunity and obligation to re-evaluate access to a property, and to require improvements if necessary. The numbers of existing accesses have not been shown. The plan indicates an access of 40 feet in width at approximately the center of the site . A single access is appropriate. The access should be designed with a width of between 25-35 feet, with proper radii to serve the type of vehicles which will be accessing the manufacturing plant. Traffic has been indicated in the submittal to be 10 employees working and 5 patrons a day to and from the site. The employees would be arriving in the peak hour of the traffic along the state highway. We would anticipate each of those in their own vehicle, resulting in 10 trips in each peak hour. The need for auxiliary lanes is based upon the trips in the average peak hour, and is warranted at five trips in that hour. It is not possible from the information provided to fully evaluate the need for auxiliary lanes . Additional information should be given which provides the direction to and from which those EXN101t 05 - 10c-11 40747 Mr. Greg Thompson June 8 , 1994 Page 2 of 3 Lucky Gate Company vehicles will be arriving and leaving. As the site is located between I-25 and SH 85, it may be practical to estimate that the traffic would be split between those east and west directions. Should it be determined that auxiliary lanes are warranted by the SHACode, it will be necessary to evaluate the feasibility of construction of those auxiliary lanes . Whether or not those lanes could be constructed will be partially dependent upon ROW and topography east and west of the site. The final access location may be based partially upon the need for auxiliary lanes, and upon a site visit by our staff . My comments regarding access are based upon the information as provided. Should the property owner have interests or ownership in any adjacent property, that information should be submitted since it may effect our comments regarding access . If access changes are required at this site, an access permit will be necessary, and must be obtained from this office. DRAINAGE The submittal does not include grading information. I have not conducted a site visit . The applicant should be aware that the state highway drainage system is for the protection of the state highway ROW, and is not intended to accommodate drainage from any abutting properties over that which has historically been accepted. The plan indicates that a gravel parking area shall be provided. As that surface would not create sheet flow, it may not be necessary for a detention system to be incorporated in this site, providing grading does not increase the flow to the state highway ROW. LANDSCAPING The narrative states that landscaping is shown on the plot plan. The plan shows only grassed areas . Should there be any plantings proposed, the applicant should be aware that landscaping is allowed within the highway ROW provided it does obstruct site distance to any highway access, does not present a safety hazard, and is maintained by the adjacent private property owner. UTILITIES As additional structures are to be constructed, it may be necessary to provided utility lines and connections within the state highway ROW. Mr. Henry Rangel of the Department should be contacted at (303) 350-2111 regarding the need for a utility permit . 940747 Mr. Greg Thompson June 8, 1994 Page 3 of 3 Lucky Gate Company My comments are based upon the submittal as received May 25, 1994 . Thank you for the opportunity to review the Lucky Gate Company Site Review. Please contact me at (303) 350-2163 if you have any questions. Sincerely, Ter- _l,, G. Jones Region Develop ejt/Access Coordinator TGJ:gi xc : D. Yost G. Sisson file 940747 D9_4-kg,"-@gwALI II, _JUN 081994 44001/i# ,AlmmEmoRAn�um weld County Planning W Greg Thompson To Weld County Planning Dete June 7, 1994 COLORADO From Trevor Jiricek, Supervisor, Environment Protection.S r s Subject: Case Number: USR-1049 Name: Luc y Gate mpany SE4 of Section 21, Township 03 North, Range 67 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application must be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. 3. No permanent disposal of wastes shall be permitted at this site. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) as measured according to 25-12-102, Colorado Revised Statutes. 7. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s) . In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 8. Adequate toilet facilities shall be provided for the public. 9. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individu. Sewage Disposal Regulations. 940'747 Lucky Gate Company USR-1049 June 7, 1994 Page 2 10. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 11. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 12. If applicable a stormwater discharge permit must be obtained from the Colorado Department of Health, Water Quality Control Division. TJ/lam-1094 940747 Moviair mEmoRAnDum Wi`k To Greg Thompson Planning Date May 27 , 1994 COLORADO From Donald Carroll, Engineering Subject: Lucky Gate Company USR-1049 I have reviewed the application and have one comment. With the new facilities being added to the existing lot, I would like to see how the applicant is going to handle the stormwater runoff. Under the design standards for Use by Special Review, stormwater retention facilities should be provided on site which are designed to retain the stormwater runoff from the fully developed site from the 100-year storm. The drainage facility should be designed to release the retained water at a quantity and rate not to exceed the quantity and rate of a 5-year storm following on the undeveloped site. The access would fall under the state jurisdiction onto State HWY 66. cc: Commissioner Kirkmeyer File USR-1049 I JUN 0 1 1994_AL Weld County Planning pds:\donald\gregl6.memo IIXHI $LT 44(174w, • ta0„ci astis . „ „ RECD ; DEPARTMENT OF PLANNING SERVICES PHONE(303) 3533845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES c 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 e COLORADO Date: May 24, 1994 CASE NUMBER: USR-1049 TO WHOM IT MAY CONCERN: Enclosed is an application from Anthony and Amy Baker, aka Lucky Gate Company for a Site Specific Development Plan and a Special Review permit for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by June 7, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, 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. C' Please refer to the enclosed letter. Signed: ��!/rv�tii(Y La7LaT f.Agency: 1.L4 4 l uY Date: 5- 3-6j _94_ REFERRAL LIST 940747 FIELD CHECK �y. FILING NUMBER: USR-1049 DATE OF INSPECTION: 7// -- APPLICANT'S NAME: Anthony and Amy Baker, aka Lucky Gate Company CURRENT PLANNER: Greg Thompson REQUEST: A Site Specific Development Plan and a Special Review permit for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66. '�7 - /� LAND USE: N -n.4 E Ytthavi Ocrit S V"`"G�v W VVnU ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) T L W A (Ag/ricult1ural) �. J[ / / GCE . j M`I�ls 1 i 0Y1 C �£ I e T/p�`/ acs ica- Pcca/1>t-oL , t�ar�.51_ ,ol�rru El- _i, ,%,� lf 9 sue. artde .APP _e_ `- crt f(zyk fyyli thlk St-1 , rI • EXHIBIT Ci JUN0a1994 odic WildCou►dyPlanning 940747 FACSIMILE MEMORANDUM DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 This message consists of t pages plus this cover sheet. SENT: am.� Date: La/ PIcpm• PLEASE DELIVER THE FOLLOWING PAGE(S) TO: Pm f,___, ,� v cix _, nv COMPANY: r7r( 9. r FAR N0: � l'e FROM: -C -1-7\(01)10 U SPECIAL INSTRUCTIONS: 0 a S\ 1 r C- e---, -UM in r�K- on \, (...- . SA)' � ° PHONE #: 303/353-3845, Ext. 3540 N\ FAR # : 303/351-0978 6Airrki-12 CONTACT: �f- -.-6- / EXT. af)VD Si" eft tc{ . 940747 ^1F F1- • ljS#MX$ 940747 FIELD CHECK FILING NUMBER: USR-1049 DATE OF INSPECTION: May 26, 1994 APPLICANT'S NAME: Anthony and Amy Baker, aka Lucky Gate Co. REQUEST: A Site Specific Development Plan and a Use by Special Review in the A (Agricultural) zone district for an industrial use (manufacturing and sales of steel gates and panels) . LEGAL DESCRIPTION: Part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66. LAND USE: N Irrigated crops E Irrigated crops S Irrigated crops W Irrigated crops, rural residence, pasture ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: State Highway 66 serves the site. Noncommercial junkyard consisting of derelict vehicles, second-hand building materials, and various junk located south and east of existing cattle shed. Finished product stored outside, southwest of existing cattle shed. One trashed mobile home stored just to the north of proposed Use by Special Review site. Talked to applicant (Amy Baker) and discussed the noncommercial junkyard. She indicated the mobile home is to be burned by the fire department. Currently, the poles for the gate are bent outside, but welded inside. One sign is out front. Greg Ts n / Current(( Planner 940747 LAND-USE APPLICATION SUMMARY SHEET Date: July 7, 1994 CASE NUMBER: USR-1049 NAME: Anthony and Amy Baker ADDRESS: 8677 State Highway 66, Platteville, CO 80651-9111 REQUEST: A Site Specific Development Plan and a Special Review permit for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1,000 feet west of Weld County Road 19; north of and adjacent to State Highway 66. SIZE OF PARCEL: 1.5 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Platteville Fire Protection District 2. Town of Mead 3. Weld County Public Works Department 4. Weld County Health Department 5. State Department of Transportation The Department of Planning Services' staff has not received referral responses from: 1. State Division of Water Resources 2. Nelson Bull Ditch The Department of Planning Services' staff has not received any objections from surrounding property owners. 004 a 940747 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. GREELEY,140 N.COLORADO RAAVENUE 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Thursday, July 7, 1994, 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: Anthony and Amy Baker LEGAL DESCRIPTION: Part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: An Industrial Use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district. LOCATION: Approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66. SIZE: 1.5 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County, Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on July 7, 1994. Copie,9 of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published o (1) time by 'une 24, 1994. i Received by: ,6 ��- Date: 573l7c ; EXIIIXIT .40 940717 ,A•d+` �� {{Iyl�l V' - �:; - I 0 L )o n.114Y , • •11• • 25 o' ! )o 1 I c.••/•r ,. 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'k:j..-: at i: .t." 7:' .. .. 940747 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-1049 for Anthony and Amy Baker, aka Lucky Gate Company in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 25th day of May, 1994. EXMUS" 940747 ft, ZINN\ DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT.3540 ' WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREEL EY, COLORADO80631 COLORADO DATE: May 24, 1994 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1049 There will be a Public Hearing before the Weld County Planning Commission on Thursday, July 7, 1994, at 1:30 p.m. , in the County Commissioners' Hearing RoomColorado , First Floor, Weld County Centennial Center, 915 10th Street, Greeley, concerning the request of: NAME: Anthony and Amy Baker, aka Lucky Gate Company FOR: A Site Specific Development Plan and a Special Review permit for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information, write or telephone Greg Thompson, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 940947 SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/INTEREST OWNERS Anthony and Amy Baker, aka Lucky Gate Company USR-1049 Bradley R. and Carolyn G. Deroo P.O. Box 484 Platteville, CO 80652 Elverna Burchfield and Sherry Rose c/o Agricola Reality and Mgmt LLC 724 W. Railroad Avenue Ft. Morgan, CO 80701 Ralph Nix Produce, Inc. P.O. Box 301 Gilcrest, CO 80623 John Leo Asmussen and Vivian Maul Trustees 8567 Highway 66 Platteville, CO 80651 Elizabeth Route 6025 W. 41st Street Wheatridge, CO 80033 940747 DATE: July 7, 1994 CASE NUMBER: USR-1049 NAME: Anthony and Amy Baker, aka. Lucky Gate Co. ADDRESS: 8677 Highway 66, Platteville, CO 80651 REQUEST: A Site Specific Development Plan and a Special Review permit in the A (Agricultural) zone district for an industrial use (manufacturing and sales of steel gates and panels) . LEGAL DESCRIPTION: Part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Agricultural and Urban Growth Boundary Goals and Policies. This proposal will not remove any productive agricultural land from production. The Town of Mead has reviewed this proposal and indicated this proposal does not conflict with their interests. - The proposal is provided for as a Use by Special Review in the Weld County Zoning Ordinance. - The permitted uses will be compatible with the existing surrounding land uses which include irrigated crops, a rural residence, pasture, and State Highway 66 within an Urban Growth Boundary. - The permitted uses will be compatible with the future development of the surrounding area which is expected to eventually have similar uses, given the location along a state highway within an Urban Growth Boundary. - 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. Ntent 940747 RECOMMENDATION, USR-1049 Anthony and Amy Baker, aka. Lucky Gate Co. Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: A. The plat shall be amended to indicate 75 feet of right-of-way reserved north of the centerline of State Highway 66. B. The applicant shall either obtain an access permit from the Colorado Department of Transportation, or submit evidence from the Department of Transportation that an access permit is not required. C. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. Sources of such emissions include, but are not limited to the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. D. Any existing septic system which is not currently permitted through the Weld County Health Department shall obtain an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s) . In the event the system(s) is found to be inadequate, the system(s) shall be brought into compliance with current I.S.D.S. regulations. E. The applicant shall either obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division, or submit evidence that a stormwater discharge permit is not required. F. The noncommercial junkyard consisting of derelict vehicles, second- hand building materials and various junk shall come into compliance with the Weld County Zoning Ordinance, by either being removed from the property, or screened from view from surrounding properties and adjacent road rights-of-way. 940747 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Anthony and Amy Baker, aka. Lucky Gate Co. USR-1049 1. The Site Specific Development Plan and Special Review permit is for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. Landscaping is allowed within the highway right-of-way, as long as it does not obstruct site distance to any highway access, does not present a safety hazard, and is maintained by the adjacent property owner. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A) as measured according to 25-12-102, Colorado Revised Statutes. 9. Adequate toilet facilities shall be provided for the public. 10. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 11. The septic system shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 12. The I.S.D.S. permit shall be finalized and approved by an Environment Protection Specialist within one year of the application date. 13. One 20 pound type ABC rated fire extinguisher shall be within 50 feet of all work areas. 14. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 940747 DEVELOPMENT STANDARDS, USR-1049 Anthony and Amy Baker, aka. Lucky Gate Co. Page 2 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 18. 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. 19. 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. 94091,7 • / AS(1 1 DEPARTMENT OF PLANNING �`' G SERVICES PHONE (303)3533845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES Will eft 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO May 24, 1994 Anthony and Amy Baker aka Lucky Gate Company 8677 Highway 66 Platteville, CO 80651 Subject: USR-1049 - Request for a Site Specific Development Plan and a Special Review permit for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district on a parcel of land described as part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Baker: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for July 7, 1994, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Town of Mead Planning Commission for its review and comments. Please call Bertina Willden, at 535-4477, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Town of Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to June 24, 1994, you cr a representative should call me to obtain a sign to be posted on the site no later than June 26, 1994. The sign shall be posted adjacent to and visible from 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. • a 1114s. ,e\t • i • 940747 Anthony and Amy Baker May 24, 1994 Page 2 • The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, l4 l� ...� /i Greg Thompson Current Planner • • 940747 4 ‘4, Atintp DEPARTMENT OF PLANNING SERVICES liD PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: May 24, 1994 CASE NUMBER: USR-1049 TO WHOM IT MAY CONCERN: Enclosed is an application from Anthony and Amy Baker, aka Lucky Gate Company for a Site Specific Development Plan and a Special Review permit for an industrial use (manufacturing and sales of steel gates and panels) in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 21, T3N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1000 feet west of Weld County Road 19; north of and adjacent to State Highway 66. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by June 7, 1994, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: REFERRAL LIST EXH161.T VI i '/0 • 9409. 7 NAME: Anthony and Amy 6 ar, aka Lucky Gate Company C 3 NUMBER: USR-1049 REFERRALS SENT: May 24, 1994 REFERRALS TO BE RECEIVED BY: June 7, 1994 COUNTY TOWNS and CITIES Attorney Ault X Health Department _Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriff's Office Eaton T X Engineering _Erie Housing Authority Evans Airport Authority Firestone Building Inspection _Fort Lupton Frederick STATE Garden City X Division of Water Resources Gilcrest _Geological Survey Greeley Department of Health Grover -- X Department of Transportation _Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS _Lochbuie Ault F-1 Longmont Berthoud F-2 X Mead Briggadale F-24 Milliken Brighton F-3 New Raymer Eaton F-4 Northglenn Fort Lupton F-5 Nunn Galeton F-6 _Pierce Hudson F-7 Platteville Johnstown F-8 Severance La Salle F-9 Thornton _Mountain View F-10 Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams X Platteville F-13 _Boulder Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corps of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 _Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton _Panhandle Eastern Pipe Line Co. _Fort Collins Tri-Area Planning Commission Greeley X Nelson Bull Ditch _Longmont West Adams COMMISSION/BOARD MEMBER X Judy Yamaguchi 940747 L)lr2 I .IF L L. USE BY SPECIAL REVIEW APPLICATION ( Department of Planning Services, 1400 N. 17th Avenue, Greeley, Co a 1 �dMAT ' 1994 o 0 3� Phone - 353-6100 - Ext. 3540 In--tlrPlanning TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) LEGAL DESRUPTION OF SPECIAL REVIEW PERMIT AREA: °�� Section L-I T ,3 N, R (p W TOTAL ACREAGE i • S PRESENT ZONE A r . CuI� l (cam fl3J I OVERLAY ZONE ; a PROPOSED USE HOW) Cil)( t off Sffx'I Se-I�S L pane1S SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: /� T. 0✓ fpm J . IP�CP( aEa - Lucky Gale co. Name: /-in�nn� y Address: &oil I-h hLO Lv(o City/State/Zip: p10.l-C'- Vi l le) Cif &c& l Home Telephone: '3rd. --7R5- C0(a0 Business Telephone: Name: Address: City/State/Zip: Home Telephone: _ Business Telephone: APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Same as about - Address: City/State/Zip: Home Telephone: Business Telephone: I hereby depose and state under the penalties of perjury that all statements and plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) ss. STATE OF COLORADO ) Signature: Owner or Authorized Agent of 19 Subscribed and sworn to before me this __;22,1__ day cow. e&LhtdatAi NOTARY PUBLIC C�My commission expires —/f'9/7 REVISED: March 1994 y • EXHIBIT 34_ et Pci 5-A3-4/A ip4 aD[se, g°o `� D • 947 Application Submittal for Use by Special Review Permit Lucky Gate Co. 8677 Highway 66 Platteville, CO 80651-9111 (303) 785-0544 940747 U:_ oy Special Review Permit - Lucky Oak o. Application Requirements: 1. A completed application form. Attached. 2. A detailed description of the proposed operation and use. A. Type of proposed use. Manufacturing and sales of steel gates and panels. B. Proximity of proposed use to residential structures. Approximately 60 foot. C. Number of shifts to be worked and maximum number of employees. One shift (days) with a maximum amount of ten (10) employees. Presently we are employing three (3)full-time employees. D. Maximum number of users, patrons, members, and buyers or other visitors that the proposed facility is designed to accommodate at any one time. 5 vehicles/15 persons. E. Types and maximum number of animals to be concentrated on the site at any one time. Not applicable; this is not an animal related business. F. Types and numbers of operating and processing equipment to be utilized. 2-4 welders (Mig type) Forklift Pipe Bender Metal Lathe Verticle Mill Page 2 940747 Lk_ oy Special Review Permit - Lucky Gatc, -o. G. Type, number, and uses of the proposed structures to be erected. Already existing cinder block building(25'x 30') To be erected in the future: 1. 50'x 100'steel pole style building to be used for welding and raw materials storage with an attached office. 2. 25'x 70'open front steel pole style paint facility that will be used for painting and finished product storage. H. Type, size,weight and frequency of vehicular traffic and access routes that will be utilized. There will be a large variety of light trucks (i.e. 6000 lb. - 10,000 lb. GVW) using State Highway 66 as the only route to access the business at 8677 Highway 66. An optimistic estimate of vehicles would be 5 vehicles per day on average. Domestic sewage facilities. Per Weld County Health Department, a septic permit would be permitable as needed. J. Size of stockpile, storage, or waste areas to be utilized. The stockpile of raw material will be stacked in an area inside of our proposed production building; until that time, our stockpile will occupy an area of approximately 20'x 45'. K. Method and time schedule of removal or disposal of debris,junk, and other wastes associated with the proposed use. At this time we have a disposal contract with Tri-Area Trash &Rubbish to remove our debris, Junk, and other waste generated by the business on a bi-monthly basis. L. Time table showing the periods of time required for construction and start- up of the proposed use. Proposed time table for construction and expansion. June 1, 1994 to December 31, 1997: we intend to build our paint and storage facility and also our production facility with plans for immediate occupancy after County approval. Page 3 940947 U. _ oy Special Review Permit - Lucky Gat,. _,o. M. Proposed landscaping plans. Landscape plan illustrated on the Plot Plan. N. Reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. If it becomes necessary to phase out our operations, we will return the property to its original purpose (i.e.farm equipment storage and maintenance). 0. Need for the proposed use. There is high market for farmers, ranchers and small acreage owners. 3. The following information and supporting documents shall be submitted as a part of the application. A. Explain how the proposal is consistent with the Weld County Comprehensive Plan. Lucky Gate Co. is a small business owned and operated by a farm family that sees the importance of preserving the agriculturally related lifestyle that Weld County, in our opinion, trys to preserve with its own Comprehensive plan. B. Explain how the proposal is consistent with the intent of the district in which the use is located. Again, Lucky Gate Co. is an agriculturally based business which prides itself in preserving the country living lifestyle, bringing patrons into the Platteville area and also into Weld County. C. Explain how the uses permitted will be compatible with the existing surrounding land uses. The surrounding land is used primarily for agricultural use. Lucky Gate Ca has not, or never plans on taking any more land out of use. The business is located on State Highway 66, which is already heavily traveled, so the amount of traffic generated by Lucky Gate Co. will be minimal with no inconvenience to the surrounding neighbors. Page 4 940747 oy Special Review Permit - Lucky Gat.. D. If applicable, explain what efforts have been made, in the locational decision, to conserve productive agricultural land in the Agricultural zone district. Lucky Gate Co. is located on an already established farm, utilizing its farm yard, and as stated above in "C"we have no plans to take any other farm ground out of production. The current yard is large enough for any future expansion we see necessary. E. Explain how the proposed use will be compatible with the future development of the surrounding area as permitted by the existing zone district and with future development as projected by the comprehensive plan of the County or the adopted master plans of affected municipalities. It is the intention of Lucky Gate Co., through the use of landscaping and enclosing our operations within our production buildings, that we shall blend in with any future development as projected by the Comprehensive plan of the County. F. Indicate if the Use by Special Review area is located in a flood plain, geologic hazard, or Weld County Airport Overlay District area; and that the application complies with Section 50, Overlay District Regulations as outlined in the Weld County Zoning Ordinance. The Use by Special Review area is not located in a flood plain, geologic hazard or Weld County Airport Overlay district and therefore does not apply to us. G. Explain how there is adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. To the best of our knowledge there are no hazards related to the business that would affect the inhabitants of the neighborhood and or the County. H. Evidence that a water supply will be available which is adequate in terms of quantity, quality, and dependability (e.g., a well permit or letter from a water district, including fire protection.) Copy of well papers attached. Per the Platteville Fire Dept., water for fire protection is supplied by the Fire Dept. itself. (i.e. pumper trucks) Page 5 940747 U.. oy Special Review Permit - Lucky Gait ,o. Copy of the deed or legal instrument identifying the applicant(s) interest in the property under consideration. If an authorized agent signs the application for the fee owner(s), a letter granting power of attorney to the agent from the property owner(s) shall be provided. Attached. J. A noise report, unless waived by the Planning staff, documenting the methods to be utilized to meet applicable noise standards. After conversations with the Planning staff, we feel that a waiver to the noise report in our application is justifiable. The noise generated from Highway 66 is far greater than the noise generated from our welding operations. K. A soils report of the site prepared by the Soil Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicated the existence of moderate or severe soil limitations for the used proposed, the applicant shall detail the methods to be employed to mitigate the limitations. Soils report attached as obtained from the Soil Conservation Service located in Greeley. L. A certified 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. Attached. M. A certified list of the names and addresses of mineral owners and lessees of minerals on or under the parcel of land being considered. Attached N. A Use by Special Review permit map shall be submitted and delineated on reproducible mylar material approved by the Department of Planning Services. Attached Page 6 940747 ^d H}3 i' V. Y pt, { tri't {T a'. ? Rl ^+S': >d'YS' . t ;z °*FLsy y„q. 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S w '� vii � k 5 WELD COUNTY, COLORADO, SOUTHERN PART 103 TABLE 6.--BUILDING SITE DEVELOPMENT--Continued Soil name and Shallow Dwellings Dwellings Small Local roads map symbol excavations without with commercial and streets basements basements buildings 66, 67 Moderate: Severe: Severe: Severe: Severe: Ulm too clayey. shrink-swell. shrink-swell. shrink-swell. low shrink-swell., 68* Severe: Moderate: Moderate: Moderate: Moderate: Ustic small stones, slope. slope. slope. slope. Torriorthents cutbanks cave. 69 Severe: Slight Slight Slight Slight. Valent cutbanks cave. 70 Severe: Slight Slight Moderate: Slight. Valent cutbanks cave. slope. 71*: Valent Severe: Slight Slight Moderate: Slight. cutbanks cave. slope. Loup Severe: Severe: Severe: Severe: Severe: wetness, wetness, wetness, wetness, wetness. cutbanks cave. floods. floods. floods. 72 Slight Slight Slight Slight Moderate: low strength. Vona 73, 74 Slight Slight Slight Moderate: Moderate: Vona slope. low strength. 75, 76 Slight Slight Slight Slight Moderate: low strength. Vona 77 Slight Slight Slight Moderate: Moderate: Vona slope. low strength. 78, 79 Slight Moderate: Moderate: Moderate: Moderate: Weld low strength, low strength, low strength, low strength, shrink-swell. shrink-swell . shrink-swell. shrink-swell, frost action. 80 Slight Moderate: Moderate: Moderate: Moderate: Weld low strength, low strength, low strength, low strength, shrink-swell. shrink-swell. slope, shrink-swell, shrink-swell. frost action. 81*, 82*: Wiley Slight Moderate: Moderate: Moderate: Moderate: low strength, low strength, low strength, low strength, shrink-swell. shrink-swell. shrink-swell. shrink-swell. Colby Slight Slight Slight Slight Moderate: low strength. 83*: Wiley Slight Moderate: Moderate: Moderate: Moderate: low strength, low strength, low strength, low strength, shrink-swell. shrink-swell. slope, shrink-swell. shrink-swell. Colby Slight Slight Slight Moderate: Moderate: slope. low strength. * See map unit description for the composition and behavior of the map unit. 9.40947 124 SOIL SURVEY TABLE 12.--ENGINEERING PROPERTIES AND CLASSIFICATIONS [The symbol < means less than; > means greater than. Absence of an entry means data were not estimated] Classification Frag- Percentage passing Soil name and Depth USDA texture ments sieve number-- Liquid Plas- map symbol ; Unified AASHTO > 3 limit ticlty inches, 4 10 40 200 index In Pct Pct 1, 2 0-10 Loam :CL-ML A-4 0 90-100 85-100 60-95 50-75 20-30 5-10 Altvan 10-25 Clay loam, loam CL A-6, A-7 0 95-100 95-100 85-100 70-80 35-50 15-25 25-60 Sand and gravel SP, SP-SM A-1 0 75-95 70-90 25-35 0-10 --- NP 3': Aquolls 0-48 Variable --- --- --- --- --- --- --- --- --- 48-60 Sand, gravelly SP, SP-SM A-1 0-10 60-90 ;50-70 30-50 0-10 --- NP sand. Aquents 0-48 Variable --- --- --- --- --- --- --- --- --- 48-60 Sand and gravel SP, SP-SM A-1 0-10 60-90 50-70 30-50 0-10 --- NP 4x: Aquolls 0-60 Variable --- --- --- --- --- --- --- --- --- Aquepts 0-60 Variable --- --- --- --- --- --- --- --- --- 5, 6, 7 0-8 Sandy loam SM A-2, A-4 0 95-100 90-100 70-95 25-50 15-25 NP-5 Ascalon 8-18 Sandy clay loam. SC, CL A-6 0 95-100 90-100 80-100 40-55 20-40 10-20 18-60 Sandy loam, SC, A-4, A-6 0 95-100 95-100 75-95 35-65 20-40 5-15 sandy clay SM-SC, loam, fine CL, sandy loam. CL-ML 8, 9 0-8 Loam SM A-2, A-4 0 95-100 90-100 70-95 25-50 15-25 NP-5 Ascalon 8-18 Sandy clay loam SC, CL A-6 0 95-100 90-100 80-100 40-55 20-40 10-20 18-60 Sandy loam, SC, A-4, A-6 0 95-100 95-100 75-95 35-65 20-40 5-15 sandy clay SM-SC, loam, fine CL, sandy loam. CL-ML 10 0-4 Sandy loam SM A-2, A-4 0 95-100 90-100 60-70 30-40 --- NP 9ankard 4-60 Fine sand, sand, SP-SM, SM A-2, 0-5 70-100 60-100 40-70 5-25 --- NP gravelly sand. A-3, A-1 11 , 12 0-16 Sandy loam SM A-1 , A-2 0 95-100 75-100 35-50 20-35 15-25 NP-5 Dresser 16-25 Sandy clay loam SC A-2, 0 95-100 75-100 50-70 30-50 30-55 10-25 A-6, A-7 25-30 Sandy loam, SC, SM-SC A-2, A-1 0 90-100 60-100 30-60 20-30 25-35 5-15 coarse sandy loam, gravelly sandy loam. 30-60 Loamy coarse SP-SC A-2, A-1 0-5 80-100 35-85 20-50 5-10 20-30 5-10 sand, gravelly loamy sand, very gravelly loamy sand. 13 , 0-9 Gravelly sandy GM A-1 , A-2 0-15 50-65 50-60 15-40 10-35 --- NP Cascajo loam. 9-31 Very gravelly GP-GM, A-1 0-15 15-50 15-50 5-30 0-20 --- NP sandy loam, GP, GM very gravelly loamy sand , very gravelly sand. :31-60 Very gravelly GP, SP, A-1 0-15 10-60 10-60 5-30 0-10 --- NP loamy sand, GP-GM, very gravelly SP-SM sand , gravelly sand. See footnote at end of table. 940747 128 SOIL SURVEY TABLE 12.--ENGINEERING PROPERTIES AND CLASSIFICATIONS--Continued : Classification Frag- Percentage passing---7— Soil name and Depth: USDA texture ments sieve number-- ;Liquid Plas- map symbol - Unified AASHTO > 3 1 limit ticity 1 inches 4 10 40 ;_200 I index In 1 Pct T____ Pct 72, 73, 74 0-6 :Loamy sand SM A-2 0 100 90-100 60-90 : 15-30 --- NP Vona 6-28:Fine sandy loam, SM A-2, A-4 0 100 90-100 60-90 130-45 --- NP sandy loam. 28-60 Sandy loam, SM A-2 0 100 90-100 50-85 : 15-30 --- NP loamy sand. 75, 76, 77 0-6 Sandy loam SM A-2, A-4 0 100 90-100 60-90 30-45 --- NP ' Vona 6-28 Fine sandy loam, SM A-2, A-4 0 100 90-100 60-90 30-45 --- . NP sandy loam. 28-60 Sandy loam, SM A-2 0 100 90-100 50-85 15-30 --- NP loamy sand. 78, 79, 80 0-8 Loam ML, A-4 0 100 95-100 85-100 60-85 20-30 NP-10 Weld CL-ML 8-15 Silty clay loam, CL A-6, A-7 0 100 100 95-100 85-95 35-50 15-30 silty clay. 15-60 Silt loam, loam CL-ML, CL A-4, A-6 0 100 95-100 85-100 60-85 20-35 5-15 81*, 82*, 83*: Wiley 0-11 Silt loam CL-ML, CL A-4, A-6 0 100 100 90-100 70-90 25-35 5-15 11-60 Silty clay loam, CL A-6 0 100 100 90-100 70-95 25-35 10-20 silt loam. Colby 0-7 Loam CL-ML A-4 0 100 100 90-100 85-100 25-30 5-10 7-60 Silt loam, loam CL-ML A-4 0 100 100 90-100 85-100 25-30 5-10 * See map unit description for the composition and behavior of the map unit. • 9409.47 WELD COUNTY, COLORADO, SOUTHERN PART 129 TABLE 13.--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS [The symbol < means less than; > means greater then. The erosion tolerance factor (T) is for the entire profile. Absence of an entry means data were not available or were not estimated] Risk of corrosion Erosion Wind Soil name and Depth Perinea- Available Soil ;Salinity Shrink- factors erodi- map bility map symbol bility water reaction ; swell Uncoated Concrete capacity potential steel K T rou2 In In/hr In/in EH Mmhos/cm —r---r 1 , 2 0-10 0.6-2.0 0.20-0.24 6.6-7.8 --- Low Moderate Low 0.24 3 5 Altvan 10-25 0.6-2.0 0.15-0.17 7.4-8.4 <2 Moderate Moderate Low 0.28 25-60 >20 0.02-0.04 7.4-9.0 <2 Low Moderate Low 0. 10 3*: Aquolls 0-48 48-60 >20 0.04-0.06 7.4-8.4 2-16 Lou High Moderate --- Aquents 0-48 --- 48-60 >20 0.04-0.06 7.4-8.4 2-16 Low High Moderate ,--- 4*: Aquolls 0-60 Aquepts 0-60 5, 6, 7, 8, 9 0-8 0.6-6.0 0. 11-0. 16 6.6-7.8 <2 Low Low ,'Low 0.17 5 3 Ascalon 8-18 0.6-2.0 0.13-0.15 6.6-7.8 <2 Moderate Moderate ;Low 0.24 18-60 0.6-6.0 0. 11-0.15 7.9-8.4 <2 Low Moderate ;Low 0.24 10 0-4 2.0-6.0 0.09-0.12 7.4-8.4 <2 Low Moderate Low 0. 10 5 3 Bankard 4-60 6.0-20 0.05-0.08 7.4-8.4 <2 Low Moderate Low 0.10 11 , 12 0-16 0.6-6.0 0.11-0.13 6.1-7.3 --- Low Low Low 0.10 5 2 Bresser 16-25 0.6-2.0 0.15-0. 18 6.6-7.3 --- Low Moderate Low 0. 15 25-30 0.6-6.0 0.10-0.13 6.6-7.3 --- Low Low Low 0.10 30-60 2.0-20 0.05-0.08 6.6-7.3 --- Low Low Low 0. 10 13 0-9 2.0-6.0 0.07-0.09 7.4-8.4 <2 Low Moderate Low 0. 10 5 8 Cascajo 9-31 6.0-20 0.05-0.08 7.4-8.4 <2 Low Moderate Low 0.10 31-60 6.0-20 0.05-0.06 7.4-8.4 <2 Low Moderate Low 0.10 14, 15, 16, 17 0-7 0.6-2.0 0.20-0.24 6.6-8.4 <2 Low Moderate Low 0.37 5 4L Colby 7-60 0.6-2.0 0.17-0.22 7.4-8.4 <2 Low Moderate Low 0.37 18*: Colby 0-7 0.6-2.0 0.20-0.24 6.6-8.4 <2 Low Moderate Low 0.37 5 4L 7-60; 0.6-2.0 0.17-0.22 7.4-8.4 <2 Low Moderate Low 0.37 Adena 0-6 0.6-2.0 0.18-0.21 6.6-7.8 <2 Low Moderate Low 0.37 5 5 6-9 0.06-0.2 0. 16-0. 18 6.6-7.8 <2 High High Low 0.24 9-60 0.6-2.0 0.16-0.18 7.4-8.4 <2 Low High Low 0.32 19, 20 0-14 0.6-2.0 0.14-0.18 7.4-8.4 <2 Low High Low 0.32 5 5 Colombo 14-21 0.6-2.0 0. 14-0.16 7.4-8.4 <2 Moderate High Low 0.28 21-60 0.6-2.0 0.14-0.16 7.4-8.4 <2 Low High Low 0.2.8 21 , 22 0-12 0.2-0.6 0.19-0.21 6.6-7.8 <2 Moderate Moderate Low 0.24 3 5 Dacono 12-21 0.2-0.6 0.15-0.21 7.4-8.4 <2 High High Low 0.24 21-27 0.2-2.0 0.13-0.18 7.4-8.4 <2 Moderate High Low 0.15 27-60 >20 0.03-0.05 7.4-8.4 <2 Low High Low 0. 10 23, 24 0-7 0.6-2.0 0.16-0.20 6.6-7.8 <2 Low Moderate Low 0.20 5 6 Fort Collins 7-11 0.6-2.0 0.16-0.18 7.4-7.8 <2 Moderate Moderate Low 0.20 11-60 0.6-2.0 0. 16-0.18 7.4-8.4 <2 Low High Low 0.20 25, 26 0-4 0.6-2.0 0. 14-0. 18 6.6-8.4 <8 Low High Low 0.28 5 4L Haverson 4-60 0.6-2.0 0.14-0.18 7.4-8.4 <8 Low High Low 0.28 27, 28 0-60 0.06-0.6 0.12-0.17 7.9-9.0 <8 High High High 0.28 5 4 Heldt See footnote at end of table. 940747 • WELD COUNTY, COLORADO, SOUTHERN PART 131 TABLE 13•--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS--Continued Risk of corrosion Erosion Wind Soil name and Depth Permea- Available Soil ;Salinity Shrink- factors erodi- map symbol bility water reaction swell Uncoated Concrete bility capacity potential steel K T group In In/hr In/in 1'N Mmhos/cm , 60*: : Renohill 0-9 0.2-0.6 0.17-0.21 6.6-7.8 <2 Moderate High Low 0.37- 3 1 6 9-32 0.06-0.2 0. 14-0. 16 6.6-8.4 <2 High High Low 0.32 32 --- --- ___ 61 0-11 2.0-6.0 0.16-0.18 7.4-8.4 <2 Low High Low 0.24 1 3 Tassel 11 ___ _-_ ___ 62, 63 0-6 2.0-6.0 0. 13-0. 15 7.0-7.8 <2 Low Moderate Low 0.20 2 3 Terry . 6-18 2.0-6.0 0.13-0.15 7.0-7.8 <2 Low Moderate Low 0.20 18-37 2.0-6.0 0.13-0.15 7.9-8.4 <2 Low High Low 0.20 37 --- "' --- 64, 65 0-8 0.6-2.0 0.16-0.18 7.9-8.4 <2 Low High Low 0.32 2 4L Thedalund 8-25 0.6-2.0 0. 16-0. 18 7.9-8.4 <2 Low High Low 0.32 25 ___ ___ --- 66, 67 0-5 0.6-2.0 0.16-0.18 6.6-7.8 --- Low High Low 0.32 5 6 Ulm 5-19 0.06-0.2 0. 19-0.21 7.4-8.4 <2 High High Low 0.37 19-60 0.6-2.0 0.19-0.21 7.9-8.4 (2 Moderate High Low 0.37 68* 0-60 --- --- Ustic Torriorthents 69, 70 0-8 6.0-20 0.07-0.12 6.6-7.3 --- Low Low Low 0.10 5 1 Valent 8-60 6.0-20 0.05-0. 10 6.6-7.8 <2 Low Low Low 0.10 71*: Valent 0-8 6.0-20 0.07-0.12 6.6-7.3 --- Low Low Low 0.10 5 1 8-60 6.0-20 0.05-0.10 6.6-7.8 <2 Low Low Low 0.10 Loup 0-16 6.0-20 0. 10-0. 14 6.6-8.4 <2 Low High Low 0.17 5 2 16-60 6.0-20 0.06-0.08 7.4-8.4 <2 Low High Low 0.17 72, 73, 74 0-6 6.0-20 0.09-0.11 6.6-7.3 --- Low Low Low 0.10 5 2 Vona 6-28 2.0-6.0 0.12-0. 14 6.6-8.4 <4 Low High Low 0.10 28-60 6.0-20 0.08-0.11 7.4-8.4 <4 Low High Low 0.10 75, 76, 77 0-6 2.0-6.0 0.11-0.13 6.6-7.3 --- Low Low Low 0.10 5 3 Vona 6-28 2.0-6.0 0.12-0. 14 6.6-8.4 <4 Low High Low 0.10 28-60 6.0-20 0.08-0.11 7.4-8.4 <4 Low High Low 0.10 78, 79, 80 0-8 0.6-2.0 0.16-0.21 6.6-7.3 <2 Low Low Low 0.32 5 6 Weld 8-15 0.06-0.2 0.19-0.21 6.6-7.8 <2 High Moderate Low 0.28 15-60 0.6-2.0 0.16-0.21 7.4-8.4 <2 Low High Low 0.28 81*, 82*, 83*: Wiley 0-11 0.6-2.0 0.19-0.21 7.4-7.8 <2 Low High Low 0.37 5 4L 11-60 0.6-2.0 0.19-0.21 7.9-8.4 <2 Moderate High Low 0.37 Colby 0-7 0.6-2.0 0.20-0.24 6.6-8.4 <2 Low :Moderate Low 0.37 5 4L 7-60 0.6-2.0 0.17-0.22 7.4-8.4 <2 Low :Moderate Low 0.37 * See map unit description for the composition and behavior of the map unit. 940'747 4 132 SOIL SURVEY TABLE 1I.--SOIL AND WATER FEATURES [Absence of an entry indicates the feature is not a concern. See text for descriptions of symbols and such terms as "rare," "brief," and "perched." . The symbol < means less than; > means greater than] Flooding High water table Bedrock Soil name and Hydro- , Potential map symbol logic Frequency Duration Months Depth Kind Months Depth Hard- frost group ness action Ft In 1 , 2 B None --- --- >6.0 --- --- >60 --- Moderate. Altvan 3": Aquolls D Frequent---- Brief Apr-Jun 0.5-1 .0 Apparent Apr-Jun >60 --- High. Aquents D Frequent---- Brief Apr-Jun 0.5-1 .0 Apparent Apr-Jun >60 --- High. 4M: Aquolls D Frequent---- Brief Apr-Jun 0.5-1.5 Apparent Apr-Jun >60 --- High. Aquepts D 'Frequent---- Brief Apr-Jun 0.5-1 .5 Apparent Apr-Jun >60 --- High. 5, 6, 7, 8, 9 B None --- --- >6.0 --- --- >60 --- Moderate. Ascalon 10 A Frequent---- Brief Mar-Jun >6.0 --- --- >60 --- Low. Bankard 11 , 12 B None --- --- >6.0 --- --- >60 --- Moderate. Bresser 13 A None --- --- >6.0 --- --- >60 --- Low. Cascajo 14, 15, 16, 17---- B None --- >6.0 --- --- >60 --- Low. Colby 18x: Colby B None --- --- >6.0 --- --- >60 --- Low. Adena C None --- --- >6.0 --- 19, 20 B Rare --- --- >6.0 --- --- >60 --- Moderate. Colombo 21 , 22 C None --- --- >6.0 --- --- >60 --- Low. Dacono 23, 24 B None to rare --- --- >6.0 --- --- >60 --- Low. Fort Collins 25, 26 B Rare to Brief May-Sep >6.0 --- --- >60 --- Low. Haverson common. 27, 28 C None --- --- >6.0 --- --- >60 --- Low. Heldt 29, 30 A None --- --- >6.0 --- --- >60 --- Moderate. Julesburg I 31 , 32, 33, 34---- B None --- --- >6.0 --- --- >60 --- Low. Kim 35": Loup D Rare to Brief Mar-Jun ..5-1.5 Apparent Nov-May >60 --- Moderate. I common. Boel A Occasional Brief Mar-Jun 1 .5-3.5 Apparent Nov-May >60 --- Moderate. 36' Midway D None --- --- 1 >6.0 --- --- 10-20 Rip- Low. pable See footnote at end of table. 940747 WELD COUNTY, COLORADO, SOUTHERN PART 133 TABLE 14.--SOIL AND WATER FEATURES--Continued Flooding High water table Bedrock Soil name and ;Hydro- Potential map symbol ; logic Frequency Duration Months Depth Kind Months Depth Hard- frost group ness action Ft In 36*:Shingle D None --- --- >6.0 --- 10-20 Rip- Low. pable 37, 38 B None --- --- >6.0 --- 20-40 Rip- Low. Nelson --- pable 39, 40, 41 , 42, 43 C None --- --- >6.0 --- --- >60 --- Moderate. Nunn 44, 45, 46, 47, 48 B None ___ --- >6.0 --- --- >60 --- Low. Olney 49 - A None ___ ___ >6.0 --- --- >60 --- Low. Osgood 50, 51 , 52, 53---- B None --- --- --- >60>6.0 --- Low. Otero --- 54, 55 B None to rare --- --- >6.0 --- --- >60 --- Moderate. Paoli 56, 57 C ,None --- >6.0 Renohill --- --- 20-40 Rip- Low. pable 58, 59 D None --- --- >6.0 --- 10-20 Rip- Shingle --- Low. pable 60*: Shingle D None --- --- >6.0 --- 10-20 Rip- Low. gable Renohill C None --- --- >6.0 --- --- 20-40 Rip- Low. pable 6Tassel D None --- --- >6.0 --- --- 10-20 Rip- Low. gable 62, 63 B None --- --- >6.0 --- 20-40 Rip- Low. Terry pabl e 64, 65 C None --- --- >6.0 --- 20-40 Rip- Low. Thedalund pable 66, 67 C None --- --- >6.0 --- --- >60 --- Low. Ulm 68• A None ___ --- >6.0 --- Ustic --- >60 --- Low. To r r for t h en is 69, 70 A None ___ --- >6.0 --- --- >60 --- Low. Valent 71*: Valent A None --- --_ >6.0 --- --- >60 --- Low. Loup D Rare to Brief Mar-Jun +.5-1.5 Apparent Nov-May >60 --- Moderate. common. 72, 73, 74, 75, 76, 77 B None --- --- >6.0 --- --- >60 --- Low. Vona See footnote at end of table. 940 747 ,WJN•2e:7 enna•SiM '" I& /'rd .4 RECEIVED CULORADO DIVISION OF WATER RESO.,.SCES - _ THIS FORM MUST BE SUBMITTED 1313 Sherman Street - Room 818 DEC r) 1 1988 WITHIN 60 DAYS OF COMPLETION Denver, Colorado 80203 OF THE WORK DESCRIBED HERE- WATER zazoURCLS ON.TYPE OR PRINT IN BLACK WELL COMPLETION AND PUMP INSTALLATION REPORT StA'Ei•ENGINEER INK. PERMIT NUMBER 1 52561-A GOLD. WELL OWNER Kurtz Estate n/n Penny Johnson SW '/.ofthe SE %of Sec. 21 ADDRESS P.O. Rnx 22f1R Longmont, Co. T. 3 N , R. 67 W 6 P.M DATE COMPLETED 5-2'1 , 1988 HOLE DIAMETER • 7 7/8 in. from 0 to 57 ft. WELL LOG Water in. from to ft. From To Type and Color of Material Loc. 0 2 Top Soil in. from to ft. 2 8 Sand DRILLING METHOD_ 8 19 Course sand/gravel • x CASING RECORD: Plain Casing 19 20 Brown clay 20 25 Course sand/gravel x Size__.5_.& kind PVC from Si_to 37 f+ 25 26 Brown clay 26 41 Pea gravel to 3/4 gravel x Size & kind from to f- 41 50 Sand/coarse sand x 50 55 Pea gravel to 2" gravel x Size & kind from to f 55 56 Brown & gray clay 56 57 Shale Perforated Casing Size c & kind Pvr from 17 to 57 f Size & kind from to t Date y ages Size & kind from to f Post-if Fax Note 7671 �.` pages .. From To GROUTING RECORD Co./Dept. Co. to Material cement Phone# - �/ Phone# r.� Faz# - / _ pG�g Fax# 3, -vtp Intervals 0—l0. Placement Method Poured GRAVEL PACK: Size 3/8 Interval 10-57 TEST DATA • Date Tested 5-2'1 , 1981 Static Water Level Prior to Test a Type of Test Pump Hai led Length of Test 2Hrs. • Sustained Yield (Metered) 19 TOTAL DEPTH 57 Use additional pages necessary to complete log. Final Pumping Water Level 14 ' 940747 ;:gri-., • 1 Pump Make Dempster ±? Type Jet s. F• � 4•• .c`J .. .- •elf Powered by R1 Prtr; r HP 1 :, ., .,-,, _ , :; '' • ;;: a limp Serial No. W a WATER Motor Serial No. w 3 _I °: . V> TABLE Date Instal lea 5-24_28 .I aJ In ,,, ¢ to !4 •' W Pump Intake Depth 35 ' _:^ '; Remarks ' ` 2 • : .r'° 1� • t= t la • : - WELL TEST DATA WITH PERMANENT PUMP a LI. - s IS ' , . w o o F- • Y Date Tested 5-24-88 a F . °z CONE OP Static Water Level Prior to Test R p a. 4..°.F. DEPRESSION F Length of Test 2 Hrs Hours 4. Sustained yield (Metered) 1 5 GPMIII F Pumping Water Level 14 ' 'r r Remarks }i?' -. c. . i CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or pump installation described hereon; that he has read the statement made hereon; knows the content thereof, and that the sa ue of his own knowled Signature �� License No. 257 State of Colorado, County of Weld SS Subscribed and sworn to betore me this/ day of jt_r m� • ' , 19a. My, Commission Expires My Commission expires: Fe 12 1991 — , 19_ . Notary Publ- FORM TO BE MADE UT I QUADRUPLICATE: WHITE FORM must be an original copy on both sides and signed. WHITE AND GREEN copies must be filed with the State Engineer.PINK-COPY is for the Owner and YELLOW COPY is for the Willer. 940747 ReclgGon No. _ Rccorch r. Recorded at. o'clock WARRANTY DEED Grantor(s). Elverna Burchfield, of Las Vegas, Nevada and Sherry Rose, of the whose address is City and *County of Denver , State of Colorado , for the consideration of d One hundred sixty-seven thousand dollars, in hand paid, hereby sell(s) andconvey(s) to Anthony T. Baker and A.my/Baker, Joint Tenants whose legal address is (none) County of Weld , and State of ' the following real property in the County of Weld , and State of Colorado, to wit: See attached Exhibit A • I also known by street and number as 8677 Highway 66, Platteville, Colorado 9 Y I: with all its appurtenances, and warrant(s) the title to the same, subject to taxes and assessments for 1992 and subsequent years; liens, if any, of special districts; easements, rights-of-way and reservations of record, in use or in place. j Signed this 'c> day of �i�G c ie ose _ l i STATE OF COLORADO, ss. eery Q170�. County ofatn VY. 0 The foregoing instrument was acknowledged before me this /`r (/9 day of (� p , 19 / 2 byB�Q� My commission 07/t q/, [t11 . Witness my hand and official seal.Wtpt: UE110A-± / NV 91 in Denver, invert"Cily and." No.897.Rev. 12-85. WARRANTY ul!FI)(shod hum) ❑nalo'd Publishing.1743\V, 5l,ncnvcr.1 O 80202-- i 913)29_'2510_.8-89 940747 EXHIBIT A BEGINNING at a point 870 feet West of the Southeast corner of Section 21, Township 3 North, Range 67 West of the 6th P.M. ;/ thence N19 ` 10'W along the center line of the Nelson Bull Ditch as now constructed, a distance of 289 . 8 feet; thence N44 ' 50114 along the center of said ditch 471. 9 feet; thence NO `40'E along said ditch 2472 . 2 feet; thence N73 ` 55'W 633 feet to fence line; thence S28 ` 35'W along said fence line 321 feet; thence 562 ` 18 'W along said fence line 121 feet; thence 573 ` 22 'W along said fence 473 . 7 feet to the Union Pacific Right of way fence line; thence 519 `13 'W 217 . 6 feet along said fence line to Quarter Section line; thence S1`50'E 2576 feet along said Quarter Section line to the South one-quarter corner of said Section 21; thence East 231 feet to the Southwest corner of Asmussen property; thence N14 ` 20'E 171 feet to the Northwest corner of said property; thence N89 `53 'E 646 . 3 feet to the Northeast corner of said property; thence SO `18 'W 168 feet to the Southwest corner of said property; thence East 798 feet to the PLACE OF BEGINNING. EXCEPT a tract of land conveyed to H.H. Miller in Warranty Deed recorded April 4 , 1934 in Book 958 at Page 18 , being more particularly described as follows : COMMENCING 1665 feet West of the Southeast corner of Section 21, Township 3 North, Range 67 West of the 6th P.M. ; thence West 675 feet; thence North 75 ,feet; thence 75 feet, 45 ' East of North; thence 75 feet 65` East of North; thence East 563 feet; thence South 168 feet, County of Weld, State of Colorado. TOGETHER WITH all ditches and ditch rights appurtenant to the Property, including one—half share of the Last Chance Ditch Company; all rights to the Ruote Seep Supply (decreed in Case No. W-8063(75) by the District Court for Water Division No. 1, State of Colorado) ; all rights to the Ruote Pump System (decreed in Case No. W-8064(75) by the District Court for Water Division No. 1, State of Colorado) . Reserving to Sellers one-half of all their oil , gas, and mineral rights owned by them together with the right of ingress and egress for exploration and development, EXCEPT sand, gravel , and soil within 200 feet of the surface. 940747 Recorded at o'clock— _M. Reception No. Re t BILL OF SALE KNOW ALL MEN BY THESE PRESENTS,That Elverna Burchfield of Las Vegas, Nevada an d nd Sherry Rose of the City and *County of Denver ,State of Colorado, (Seller), for and-in eensidec iea value received -Mho's;- -to-him-in hand-paid.,at or before the ensealing or delivery of these presents by Anthony T. Baker and Amy Baker, Joint Tenants of the County of Weld , in the State of Colorado, (Buyer),the receipt of which is hereby acknowledged,has bargained and sold,and by these presents does grant and convey unto the said Buyer, his personal representatives, successors and assigns, the following property, goods and chattels, to wit: all fixtures, propane tanks, wells, pumps and motors appurtenant or attached to the property described in Exhibit A attached hereto and incorporated herein. This property is conveyed "as is" , without any implied or express warranties. • located at 8677 Highway 66, Platteville, Colorado TO HAVE AND'PO HOLD the same unto the said Buyer,his personal representatives,successors and assigns, forever.The said Seller covenants and agrees to and with the Buyer,his personal representatives,successors and assigns,to WARRANT AND DEFEND the sale of said property,goods and chattels,against all and every person or persons whomever.When used herein,the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. LN WITNESS WHEREOF, the Seller has executed this Bill of Sale this d y of August 19 92 ern urc le STATE OF COLORADO, e rry `.�- eifty and County of-1e11-O"--) ss. The foregoing instrument as acknowledged before me this / � day of /t IA-9/1-1-J-c , 19 72- by .S tirz f[hc fj Q dk U //9/l CI 95 Witness my hand and official seal. My Commission expires / No Public r Iit * If in Denver,insert"City and," No.35A.Rev.9-83. BILL OF SALE Bradford Publishing,1743 wazce Si..Denver,CO 80202-(303)292-2500—&a8 940747 • ,y: v0 w J w V� O cm co Co a 8 N z x in gri O w o, < 2 = N w CO c., a m = LL w w no co N t- 0 ' O v 3` o a • Q .—I V x g ++ r •-1 r ril Q c0 r N • ~ w _ U N O ^ ¢ N 2 > N N O i 3 .Q1 i > v 0 N w 3 N U r N ¢ L _0 N U O a, ._J i . IOE 4- w Ol n S ¢ O N 0 CO p g Ct S- . 1j w = N 03 JO > - w O' .--I CU N O O V CO x W i- O n -N N < V CU J — p 'z x n S. O RI ° CV o a Q C ^ w IC 0 d4' c o (7 d [Y w t 0 • O O ri w GP C Z N s_ ici- ~ ii J U 0 Q co IC COCD 2 S— O a J I O m co m m• U O > g 2 W N 0 O I--I ¢ ¢ h W U 0 1 w w o w >~-i ; Y U F W >_ `I`L O i u O O Z b. w W W C ¢ j 0 oCC 2 W U 0 Z O N U 0 0 V ZO Y co 2 a r-- o a O at O] CAI 0 8 U o at < W U LO IN 'I, ci N •, Q > O Z N. 3 w ti I J w f-. V a in w e 0 a Q a IO LL 3 W i > J N w 0 op ., $ t g z0 > J W F N x z ?Z 3 _ ₹ o = x p a I } �.,,_ H u Cr p f O O F- la co • i Q O i D_ a z LL N W LL N t 0 C O C N O Q LL 2 V i 0'. Q .�{ p N .C = O 6 QJ o p = " 3 W w V) (n x ¢ 6 cc . CJ cco w U V) o p IO. .>, Q z o D w U al N J O n % N i F U J N vi Q an W > t v J 4- 0 tg W W w a Q < w Cr N N O Z 2 < 6 ¢ J F g W = i W = o i Oen o e am iu a O O i4.1X i J H w of O w a x CO 1- g t C; LL CD W O 90 - v cro O O V) i. H u) O p a O O m • 940747 EXHIBIT A BEGINNING at a point 870 feet West of the Southeast corner of Section 21, Township 3 North, Range 67 West of the 6th P.M. ;Ithence N19 ` 10'W along the center line of the Nelson Bull Ditch as now constructed, a distance of 289 . 8 feet; thence N44 `50'W along the center of said ditch 471. 9 feet; thence NO ` 40'E along said ditch 2472 . 2 feet; thence N73 `55 'W 633 feet to fence line; thence 528 ` 35'W along said fence line 321 feet; thence $62 `18 'W along said fence line 121 feet; thence 573 `22 'W along said fence 473 . 7 feet to the Prior. Pacific Right of way fence line ; thence S19113 'W 217 . 6 feet along said fence line to Quarter Section line; thence S1` 50'E 2576 feet along said Quarter Section line to the South one—quarter cone:- of said Section 21; thence East 231 feet to the Southwest corner of Asmussen property; thence N14 ` 20'E 171 feet to the Northwest corner of said property; thence N89 ` 53 'E 646 . 3 feet to the Northeast corner of said property; thence S0 ` 18 'W 168 feet to the Southwest corner of said property; thence East 798 feet to the PLACE OF BEGINNING. EXCEPT a tract of land conveyed to E.E. Miller• in Warranty Deed recorded April 4 , 1934 in Book 958 at Page 18 , being more particularly described as follows : COMMENCING 1665 feet West of the Southeast corner of Section 21, Township 3 North, Range 67 West of the 6th P.M. ; thence West 675 feet; thence North 75 .feet; thence 75 feet, 45 ' East of North; thence 75 feet 65 ` East of North?. thence East 563 feet; thence South 168 feet, County of Weld, State of Colorado. TOGETHER WITH all ditches and ditch rights appurtenant to the Property, including one-half share of the Last Chance Ditch Company; all rights to the Ruote Seep Supply (decreed in Case No. W-8063(75) by the District Court for Water Division No. 1 , State of Colorado) ; all rights to the Ruote Pump System (decreed in Case No. W-8064(75) by the District Court for Water Division No. 1, State of Colorado) . R_serving to Sellers one-half of all their oil , gas, and mineral rights owned by them toyther with the right of ingress and egress for exploration and development, EXCEPT said, gravel , and soil within 200 feet of the surface. • 940747 ASSIGNMENT For value received, we, Elverna Burchfield and Sherry Rose, hereby transfer, assign, and set over to Anthony T. Baker and Amy Baker our interests in all leases appurtenant to the property located at 8677 Highway 66, Platteville, Colorado, including the leases set forth below and attached herein: 1. November 1, 1990 Residence Lease between Peterson Agri-Management Company, as agent for Elverna Burchfield and Sherry Rose d/b/a Kurtz Cattle Company, and Kenneth F. Knaus. 2. January 10, 1990 Agricultural Lease between Peterson Agri-Management Company, Inc. , as agent for Kurtz Cattle Com ny and Rademacher Farms for that portion of the Lease pertaining to the property described in Exhibit A. DATED: a u_St 17 199z � D ' Burc to PUS►-tc% } SPATE. t�F Fif�1/Al7A STATE OF f,It y��11n, ) County of Clark p ( )ss. ARLENE O'SHEA COUNTY OF (�a'Q1i(L_) My Appointment Exp1rn March 15, 1995 Subscribed and sworn to before me this /if day of ei < (( �. , 1992, by Elverna Burchfield. Witness my hand and official seal . My commission expires. / 101(i c_- / , 199_) . Notary Public STATE OF COLORADO ) &Ly anti. )ss. COUNTY OF 4e f um) Subscribed and sworn to before me this / 1 day of (4,ti , 1992 by Sherry Rose. 1 Witness my hand and official seal . My commission expires: 07/19 , 199b . Notar Pu c C/ kurta\.a.lpn 940947 B 1350 REC 02302341 09/03/92 10:06 $15.00 -,003 F 0048 MARY ANN FEUERSTEIN CLERK 6 RECORDEJR. WELD N CO,, E /CO- AR2302341 — 2-, Cie( .• WARRANTY DEED ' ' ,. 3 I Gnmoml. Elverna Burchfieldc of Las Vegas, Nevada and Sherry Rose, of the i foraerly lcn wn as Elverna Matz ` S P 0 2 1992 whose address is STATE DOCUMENTARY FEE State of . City and 'County of Denver . Date 3' p z Colorado .for the consideration of $/ -76' q One hundred sixty-seven thousand dollars,in hand paid,hereby xell(sl - ,,LL and convey(s)to Anthony T. Baker and Pmikaker, Joint Tenants whose legal address is (none) 8677 Highway 366 Platteville, CO 81651 County of Weld ,and State of the following real property in the County of Weld .and State of Colonde.towdc See attached Exhibit A : I II 8677 66, Platteville, Colorado also known by street and number as Highway • with all its apµrtenances,and wamant(s)O.title to the same,subject to taxes and assessments for 1992 and subsequent years; liens, if any. of special districts; easements. rights-of-way and reservations of record, in use or in place. >r 4 Signed this s) day of ace" I' �,.. y mwm ea vema hl w el II • > "s ‘9...,I ....I . i STATE OF COLORADO, 74J•.n n /r ss. ..."'7"'”'.54-.4117(1.County ofbvvt, ' The foregoing instrument was acknowledged before me this it th day of illalEclik .19 92, . by My commission expires 0'1/19/1 qq s . Witness myyhhandN and (official seal. ' 'It m rkn.er.mv'n"enY and." ' Va.597.Rey.1245. WARRANTY llwrn,6Yrl form &MIwJ 5545.4.17Uwue.Sl.Iemer.Rl a1VR—IMA$9D250}—e!v I . ' , f m r 3 3 f 7 f f- a.s m9 2 > ii Ry9 x s q G \ Q s s` 1 rn �- a STATE OF / O-nds--) Jss. COUNTY OF e Subscribed and sworn to before me this )LCr day of att 1992. Witness my hand and official seal.p , . My commission expires: IVIMP.Yti- 1 S/ 199 _ e 0 NOTARY PUBLIC Notary Pu c s , v") Aka 0'SNEA \ , . , ME?-sw midi 1611 . B 1350 REC 02302341 09/03/92 10106 $15.00 2/003 ! F 0049 MARY ANN PEUERSTEIN CLERK 5 RECORDER WELD CO, CO m i �V • i. 1 71 A, 940947 I i B 1350 REC 02302341 09/03/92 10:06 $15.00 3/003 F 0050 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO EXHIBIT A BEGINNING at a point 870 feet West of the Southeast corner of Section 21, Township 3 North, Range 67 West of the 6th P.M. ;/ thence N19‘3.0'W W along the center line of the Nelson Bull Ditch as now constructed, a distance of 289.8 feet; thence N44`50'W along the center of said ditch 471.9 feet; thence NO`40'E along said ditch 2472.2 feet; thence N73`55'W 633 feet to fence line; thence S28`35'W along said fence line 321 feet; thence 562`18'W along said fence line 121 feet; thence 573'22'W along said fence • 473.7 feet to the Union Pacific Right of way fence line; thence 519`13'W 217.6 feet along said fence line to Quarter Section line; thence 51`50'E 2576 feet along said Quarter Section line to the South one-quarter corner of said Section 21; thence East 231 feet to the Southwest corner of Asmussen property; thence N14`20'E 171 feet to the Northwest corner of said property; thence N89`53'E 646.3 feet to the Northeast corner of said property; thence SO`13'W 168 feet to the Southwest corner of said • property; thence East 798 feet to the PLACE OF BEGINNING. EXCEPT a tract of land conveyed to H.H. Miller in Warranty Dead recorded April 4 , 1934 in Book 958 at Page 18, being more particularly described as follows: • COMMENCING 1665 feet West of the Southeast corner of Section 21, Township 3 North, Range 67 West of the 6th P.M. ; thence West 675 feet; thence North 5' of of North;fthence East 563f feet;eet, 4t:hencetSouth 168 feet,thence 75 feet f et, County of Weld, State of Colorado. TOGETHER WITH all ditches and ditch rights appurtenant to the Property, including one-half share of the Last Chance Ditch Company; all rights to the Ruote Seep Supply (decreed in Case No. W-8063(75) by the District Court for Water Division No. 1, State of Colorado); . all rights to the Ruote Pump System (decreed in Case No. W-8064(75) by the District Court for Water Division No. 1, State of Colorado). • Reserving to Sellers one-half of all their oil, gas, and mineral rights owned by them together with the right of ingress ,d egress for exploration and development, EXCEPT sand, gravel, and soil within 200 feet of the surface. 1 i 940747 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Q Subject Property 8& 7'7 i-illiaM i l ( No - 2kl V I U e THE UNDERSIGNED, 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 being considered. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company, or an attorney. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. cantegikiVi STATE OF COLORADO ) ) ss. COUNTY OF WELD ) h The foregoing instrument was subscribed and sworn to before me this o(d day of , 195 WITNESS my hand and official seal. My Commission E Tres: 6?'t_iu , 1 abiakiutaAta llotary Public 940747 PROPERTY OWNERS WITHIN 500 FEET Please print or type NAME MAILING ADDRESS CITY/STATE/ZIP CODE ASSESSOR'S PARCEL IDENTIFICATION Bradley R&Carolyn G Deroo P.O. Box 484 Platteville, CO 80652 1209-21-0000-24 1209-21-0000-25 Elverna Burchfield&Sherry Rose 724 W. Railroad Ave. Ft. Morgan, CO 80701 1209-21-0000-01 C/O Agricola Reality&Mgmt LLC 1209-21-0000-04 1209-21-0000-39 Ralph Nix Produce Inc. P.O. Box 301 Gilcrest, CO 80623 1209-28-0000-03 John Leo Asmussen 8567 Highway 66Platteville, CO 80651 1209-21-0000-13 &Vivian Maul Trustees 940947 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. �! Subject Property 8&,17 (Aft - PICL e'J I IC- THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of the minerals on or under the parcel of land as their names appear upon the records in the Weld County Clerk and Recorder' s Office, an ownership update from a title or abstract company, or an attorney. STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to before me this (-V day of llf. 1.9 6,7 . WITNESS my hand and official seal. My Commission Expires: q_/?..‘2,7 Notary Public 940'747 MINERAL OWNERS AND LESSEES OF MINERAL INTERESTS Please print or type NAME MAILING ADDRESS CITY/STATE/ZIP CODE Elverna Burchfield& Sherry Rose 724 W. Railroad Ave. Ft. Morgan, CO 80701 C/O Agricola Reality&Mgmt LLC Elizabeth Ruote 6025 W. 41St. Wheatridge, CO 80033 940'x.47 Hello