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Home My WebLink About940821.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1057 FOR A FEEDLOT (4, 000 CATTLE) IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT AND WILMA WARDLAW 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 7th day of September, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Robert and Wilma Wardlaw, 27712 Weld County Road 62, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit #1057 for a feedlot (4,000 cattle) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot B of Second Amended RE #837, NE* of Section 3, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado WHEREAS, Bob Wardlaw, said applicant, was present, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan Agricultural Goals and Policies are intended to support and preserve agricultural industries and farming. The Urban Growth Boundary Area Goals and Policies encourage land-use development proposals as long as they conform to the desires of affected municipalities. This land use is located within the Urban Growth Boundary area of the Town of Kersey, which has reviewed this request and expressed no objections. 940821 PL0973 do ; SPECIAL REVIEW PERMIT #1057 - WARDLAW PAGE 2 b. The proposed use is provided for as a Use by Special Review in the A (Agricultural) Zone District. c. The uses permitted will be compatible with the existing surrounding uses and with the future development of the surrounding area as permitted in the A (Agricultural) Zone District. Surrounding land uses include agricultural production and rural residences. d. No overlay districts affect the site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Robert and Wilma Wardlaw for a Site Specific Development Plan and Special Review Permit #1057 for a feedlot (4,000 cattle) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording of the plat: a. The facility shall demonstrate compliance with the Confined Animal Feeding Operations Control Regulations. This shall be demonstrated by submitting a comprehensive manure run-off and process waste water handling plan to the Weld County Health Department for review and approval. This plan shall include, but not be limited to the following: (1) Demonstration that the waste water collection, storage, and land application facilities are adequately constructed and sized to handle a twenty-five year, twenty-four hour storm. The evaluation must be conducted by a Registered Professional Engineer in accordance with the Confined Animal Operations Control Regulations and Weld County Zoning Ordinance Section 47. 940821 SPECIAL REVIEW PERMIT #1057 - WARDLAW PAGE 3 (2) The schedule in which manure will be removed and applied to land. (3) The method in which waste water will be applied to land, including the procedure which will be used to insure that agronomic rates are not exceeded. (4) Other measures which are in place to insure that the facility operation as a "No-discharge" facility. b. The applicant shall submit an application to the Air Pollution Control Division, Colorado Department of Health. c. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. d. A dust abatement plan shall be submitted to the Health Department for approval prior to operation. The facility shall have sufficient equipment available to implement dust control as required by the Health Department. e. The plat shall be amended to show that no confinement pens, barns, animal shelters, structures, feed storage facilities, water retention ponds, or manure storage sites will be built or located on the portion of the NEy of Section 3, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, described on the overhead presented as portion B. f. The applicant shall submit a screening plan to the Department of Planning Services for review and approval. The plat shall be amended to show the approved screening plan which consists of trees that will be planted and maintained along the south and east side of the feedlot area adjacent to the tract described as tract A on the overhead. The screening will consist of trees adequate to screen the view from the south and east of adjacent properties. Screening will have to be maintained and dead trees will be replaced annually. 4. 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) shall be brought into compliance with current I.S.D.S. regulations. 940821 SPECIAL REVIEW PERMIT #1057 - WARDLAW PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following�/ vote on the 7th day of September, A.D. , 1994. �// i�� BOARD OF COUNTY COMMISSIONERS WELD ATTEST: �OF TY, C ORADO Weld County Clerk to the Board / _ik I 2 4 P W H. Webster, C irman BY: La c \ _. Deputy Cle k to the-8. Dale Hall, Pr Te APPROVED AS TO FORM: t Ey Geo E. Baxter C- C r ounty Attor ey Co tance L. Harbert arbara J. Kirkm er 940821 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ROBERT AND WILMA WARDLAW USR #1057 1. The Site Specific Development Plan and Special Review Permit is for a feedlot (4,000 cattle) 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. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure pile shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. 4. The facility shall maintain compliance with the Confined Animal Feeding Operations Control Regulations and Weld County Zoning Ordinance, Section 47. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contaminations. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. All potentially hazardous chemicals shall be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. 10. The access shall be from Weld County Road 62 via the driveway along the west entrance to the homestead and feedlot area. No feedlot access will be allowed from Weld County Road 60.5 to the facility. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 940821 DEVELOPMENT STANDARDS - WARDLAW PAGE 2 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940821 HEARING CERTIFICATION DOCKET NO. 94-66 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A FEEDLOT (4,000 CATTLE) IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT AND WILMA WARDLAW A public hearing was conducted on September 7, 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, Todd Hodges The following business was transacted: I hereby certify that pursuant to a notice dated August 22, 1994, and duly published August 25, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of Robert and Wilma Wardlaw for a Site Specific Development Plan and Special Review Permit #1057 for a feedlot (4, 000 cattle) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Todd Hodges, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Mr. Hodges suggested Condition of Approval #3f be reworded as follows: "The applicant shall submit a screening plan to the Department of Planning Services for review and approval. The plat shall be amended to show the approved screening plan which consists of trees that will be planted . . . . Bob Wardlaw, applicant, was present and stated this Permit is not for an expansion; the feedlot is existing. He confirmed that all Conditions of Approval and Development Standards, including the abovementioned change, are all acceptable. In response to a question from Commissioner Baxter, Mr. Wardlaw stated he has not had any complaints about the feedlot. No public testimony was offered concerning this matter. Commissioner Hall moved to approve the request of Robert and Wilma Wardlaw for a Site Specific Development Plan and Special Review Permit #1057 for a feedlot (4,000 cattle) in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record, including the abovementioned change to Condition of Approval #3f. The motion was seconded by Commissioner Baxter, and it carried unanimously. The Board and staff answered various questions from Mr. Wardlaw concerning the grandfathering policy. This Certification was approved on the 12th day of September, 1994. // /�/��/I APPROVED: ATTEST:11 /17 vf/� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld my Clerk to e Board lil �9 By: W. H. Webster, Ch rm eputy e k o the ward Da e(K. Ha , Pr -T TAPE #94-36 Geo gw4. Baxter DOCKET #94-66 Constance L. Harbert PL0973 *- arbara J. Kirkme r 940821 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 7th DAY OF September 1994t DOCKET U 94-60 -- COZ #489 - Martin Brothers Partnership DOCKET U 94-65 -- USR #1058 - Dannie Miller DOCKET U 94-66 -- USR #1057 - Robert and Wilma Wardlaw DOCKET U PLEASE write or print your name legibly, your address and the DOCKET U (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING ALL, Q. \1051l in 5 q 100-1 s Ave 9 t/ use eio� Os 44 /• �i,/t It/77 la .4 St 9r6 r else rat., 3kg 414/ !tl C/.3<g'c/ % v�V r�c.c tur-- 130 �y 'ceR � %Lzzit-L/ e‘ 736 `/e — `y 940821 NOT I C E The Board of County Commissioners of Weld County, Colorado, on September 7, 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: Robert and Wilma Wardlaw 27712 Weld County Road 62 Greeley, Colorado 80631 LEGAL DESCRIPTION: Lot B of Second Amended RE #837, NE! of Section 3, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A feedlot (4, 000 cattle) in the A (Agricultural) Zone District SIZE OF PARCEL: 65 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: September 15, 1994, in the Windsor Beacon 940821 AFFIDAVIT OF PUBLICATION STATE OF COLORADO 4 SS COUNTY OF WELD I, ROGER A. LIPKER, of said County of Weld, being duly sworn,say that I am publisher of • a e T I D F WINDSOR BEACON The Board of County a weekly newspaper having a general circulation in said Commissioners of Weld County, Colorado, on County and State, published in the town of WINDSOR, in September 7,1994,condition- said County and State; and that the notice, of which the ally approved a Site Specific annexed is a true copy, published weekly Development Plan and Spacial has been in said Review Remelt for tha Popery for / successive weeks, that the notice was and purpose desalted below. published in the regular every Conditioner approver of this and entire issue of number of plan crest,.a meted property the paper during the period and time of publication, and in right pursuant to Article 6$of the newsp aper proper and not in a.supplemeM, and that Tee 24,CAt,-ernended. the first publication of said notice was in said paper bearing fora period of ls yen. the date of the APPLICANT: Robert and ./. _day of 4 .'e>w.k'., A.D., 19Ckf- and the Wilma Wirdiew 27712 Weld CouMy Road 82, last publication bezaring the date of the Greeley,Colorado 80631 day of A.D., 19_ and that LEGAL DESCRIPTION:Lot B the said WINDSOR BEACON has been published of Second Amended RE#837, continuously rind uninterruptedly for the period of 5 NE1/4 of Section 3,Township 5 North,Range 64 West of the consecutive weeks, in said County and State, prior to the 6th P.M., Weld County, • date of first publication of said notice, and the same is a Colorado newspaper within the meaning of an Act to regulate printing TYPE AND INTENSITY OF of legal notices and advertisements, approved May 18, APPROVED USE: A feedlot (4.000 cattle) In the A 1931, and all prior acts so far as in force. (AZEcOFrPl) CE : at /' SIZE OF PARCEL:65 acres, 67/ v more or less (� Failure to abide by the terms � ISHER and conditions of approval will �/ result in a fodeture of the vest- c/ Lpt. ed properydght. Subscribed and sworn to before me this <C) day of BOARD OF COUNTY COM- A64Q/)7 "' itt 19 G/ MISSIONERS r ° �?h WELD COUNTY.COLORADO / ��zta LYn-'l9'Lo NOTARY PUBLIC BY: DONALD D.WARDEN CLERK TO THE BOARD My commission expires ` �il'. 2 / - BY: SHELLY K.MIU.ER DEPUTY CLERK TO THE �L BOARD Published In the Winger ISM an fiwieltlbsd ta, • 940821. NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 94-66 APPLICANT Robert and Wilma Wardlaw 27712 Weld County Road 62 Greeley, Colorado 80631 DATE: September 7, 1994 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for a feedlot (4,000 cattle) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Lot B of Second Amended RE #837, NE,' of Section 3, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 60.5 and west of and adjacent to Weld County Road 57 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: August 22, 1994 PUBLISHED: August 25, 1994, in the Windsor Beacon 940821 l NOTICE Pursuant to the zoning laws Of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado. Weld County ten.Centennial Center.r, C IyN eh First goer. AFFIDAVIT OF PUBLICATION Greeley, Colorado, at the STATE OF COLORADO time specified AS pedant in any mane(Interested In the 53 Site Specific Development COUNTY OF WELD Plan and Special Review Permit are requested to attend and may be heard. I, ROGER A. LIPKER, of said County of Weld, being duly Should the applicant or any sworn,say that I am publisher of interested party desire the presence of a court reporter to make a record of the pro- WINDSOR BEACON ceedings, in addition to the taped record which will be kept during the hearing,the a weekly newspaper having a general circulation in said Clerk too in writing of shall such the Board and published advised County State, in the town of WINDSOR, in action at least five days prior said County and State; and that the notice, of which the to engaging hearing. The cost of annexed is a true copy, has beenpublished in said shall g a court reporter PY weekly shall be borne by the for / successive weeks, that the notice was requesting part" published in the regular and entire issue of every number of BE IT ALSO KNOWN that the paper during the period and time of publication, and in the text end maps so certified by the Weid County Planning the newspaper proper and not in a supplement, and that Commission may be exam- the first publication of said notice was in said paper bearing Ins In the office of the Clerkto the ate of the the Board of County A.D., 19 1i t✓ and the Commissioners,ountCentennial in �_ ay Of �,v ter.Zv Cthenter, er, is 10th 0 themanw lastpublication beatih the date of the Center, 915 Street, 9 Third Floor, Greeley, day of A.D., 19 and that Colorado. the said WINDSOR BEACON has been published DOCKET NO:94-68 continuously and uninterruptedly for the period of 5 APPLICANT Robert end, consecutive weeks, in said County and State, prior to the Wilma Werdlaw date of first publication of said notice, and the same is a Gree4WeldCoot'Road 82 newspaper within the meaning of an Act to regulate printing Colorado C eRoad P 9 P 9 of legal notices and advertisements, approved May 18, DATE:September 7,1994 1931,and all prior acts so far as in force. TIME:10:00 a.m. /VV ` REQUESTDevelopment A Site Specific S c e Plan and elot Review Pend bra ISHER feedlot(4,000 ante)n Cr A (Apicunural)Zone District LEGAL DESCRIPTION: Lot Subs ribed and sworn to before IV m me this rr / day of B of Second Amended RE � v err"--f #837, NE1/4 of Secnn 3, I Township 5 North,Range 84 :Wan the der P:4.,WAI� /'e:e.r vat, �.a Cony,Colorado NOTARY PUBLIC i LOCATION: North of and 'adjacent to Weld Count' L,(' / _��,> . Road 80.5 and west of and My commission expires r r� adjacent to Weld County Road 57 BOARD OF COUNTY COM- MISSIONERS WELD COUNTY, COL- ORADO BY:DONALD D.WARDEN 40 WELD COUNTY CLERK TO THE BOARD • BY:SHELLY K.MILLER I DEPUTY CLERK TO THE BOARD • DATED:August 22,1994 Published in the Windsor Beeson on August 28, 940821 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-66, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 2_ — day of I , 1994. ROBERT AND WILMA WARDLAW DONALD L. AND PATRICIA S. MCCLOSKEY 27712 WELD COUNTY ROAD 62 29900 WELD COUNTY ROAD 57 GREELEY, CO 80631 GREELEY, CO 80631 DON CARLSON, ENGINEER FRANCO, INC. 2217 WIMBLETON DRIVE 29680 WELD COUNTY ROAD 57 LOVELAND, CO 80538 GREELEY, CO 80631 RICHARD SANCHEZ ROBERT J. JETT P.O. BOX 1135 28127 WELD COUNTY ROAD 60.5 LOVELAND, CO 80539 GREELEY, CO 80631 ROSS J. AND VIRGINIA L. RUMSEY ROBERT D. AND VELDA R. BUCKLEN 29777 WELD COUNTY ROAD 57 1504 44TH AVENUE COURT GREELEY, CO 80631 GREELEY, CO 80634 KENNETH F. AND GAIL L. GODDARD UNION PACIFIC LAND RESOURCES CORP. 29733 WELD COUNTY ROAD 57 P.O. BOX 2500 GREELEY, CO 80631 BROOMFIELD, CO 80020 DONALD M. AND KELLY S. SCHOENLEBER 27904 WELD COUNTY ROAD 60.5 GREELEY, CO 80631 MICHAEL RYAN 27990 WELD COUNTY ROAD 60.5 \� GREELEY, CO 80631 _l Lf_ <( 1J ( f, ( (C Deputy Clerk to the Board DONALD M. AND NORMA L. SCHOENLEBER 27758 WELD COUNTY ROAD 60.5 GREELEY, CO 80631 STACY L. AND ROBIN K. SCHRADER 27710 WELD COUNTY ROAD 60.5 GREELEY, CO 80631 RAYMOND J. AND JUDI K. HERGENREDER 3813 13TH STREET GREELEY, CO 80634 FERN A. HOWARD GEORGE T. ASHEN 1000 GENEVA STREET DENVER, CO 80231-1936 940821 MINUTES August 16, 1994 Page 3 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Curt Moore - yes; Shirley Camenisch - yes, Marie Koolstra - yes; Ron Sommer - yes. Motion carried unanimously. CASE NUMBER: USR-1057 NAME: Robert and Wilma Wardlaw ADDRESS: 27712 Weld County Road 62, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Review permit for a • feedlot (4,000 cattle) in the A (Agricultural) zone district. LEGAL DESCRIPTION: NE4 of Section 3, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 60 1/2 and west of and adjacent to Weld County Road 57. Don Carlson, licensed engineer and representative for the applicant, stated that the feedlot is for holstein calves. Shirley Camenisch asked about the corrals and lagoons. Mr. Carlson explained that there are three storage areas that will need to be expanded about 10 feet and is a minor expansion. Shirley Camenisch asked how many acres. Mr. Carlson stated there where 65 acres. The Chairman asked if anyone in the audience would like to speak for or against the proposal. Don Schoenleber, surrounding property owner, discussed a property restriction covenant that the surrounding property owners agreed to and stated some changes to the screening requirements. Discussion followed. Ron Sommer moved to amend the plat to add an additional condition 3.E. to read: "The plat shall be amended to show that no confinement pens, - barns, animal shelters, structures, feed storage facilites, water retention ponds, manure storage sites will be built or located on the portion of the NE4 of Section 3, T5N, R64W described on overhead presented as portion B. Shirley Camenisch seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Curt Moore - yes; Shirley Camenisch - yes, Marie Koolstra - yes; Ron Sommer - yes. Motion carried unanimously. Ron Sommer moved to amend the plat to add an additional condition to 3.F. to read: "The plat shall be amended to show a screen consisting of trees which will be planted and maintained along the south and east side of the feedlot area adjacent to the tract described as tract A on the overhead. The screening will consist of trees adequate to screen the view from the south and east of adjacent properties. Screening will have to be maintained and dead trees will be replaced annually." Marie Koolstra seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Curt Moore - yes; Shirley Camenisch - yes, Marie Koolstra - yes; Ron Sommer - yes. Motion carried unanimously. ) J 940821 /-11 r r;r l �7, MINUTES August 16, 1994 Page 4 Marie Koolstra moved that Case Number USR-1057 a Site Specific Development Plan and Special Review permit for a feedlot (4,000 cattle) in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval. Ron Sommer seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Curt Moore - yes; Shirley Camenisch - yes, Marie Koolstra - yes; Ron Sommer - yes. Motion carried unanimously. Meeting adjourned at 3:40 p.m. Respectfully submitted, Becky Dittman Secretary 940821 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Marie Koolstra that the following resolution and amendq:ents be introduced for passage by the Weld County Planning Commission. Be iPresols2ed by the Weld County Planning Commission that the application for: rn 7 CASE NUMBER: USR-1057 NAME: Robert and Wilma Wardlaw ADDRESS: 27712 Weld County Road 62, Greeley, CO 80631 -j 1 _1 REQUEST: A Site Specific Development Plan and Special Review permit fat a feedlot (4,000 cattle) in the A (Agricultural) zone district. L LEGAL DESCRIPTION: Lot B of Second AM RE-837, NE4 of Section 3, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 60 1/2 and west of and adjacent to Weld County Road 57. 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 and Section 45.1 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan Agricultural Goals and Policies are intended to support and preserve agricultural industries and farming. The Urban Growth Boundary Area Goals and Policies encourage land-use development proposals as long as they conform to the desires of affected municipalities. This land use is located within the Urban Growth Boundary area of the Town of Kersey, which has reviewed this request and expressed no objections. - The proposed use is provided for as a Use by Special Review in the A (Agricultural) zone district. - The uses permitted will be compatible with the existing surrounding uses and with the future development of the surrounding area as permitted in the A (Agricultural) zone district. Surrounding land uses include agricultural production and rural residences. - 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. 940821 RESOLUTION, USR-1057 Robert and Wilma Wardlaw 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 of the plat: A. The facility shall demonstrate compliance with the Confined Animal Feeding Operations Control Regulations. This shall be demonstrated by submitting a comprehensive manure run-off and process waste water handling plan to the Weld County Health Department for review and approval. This plan shall include, but not be limited to the following: 1. Demonstration that the waste water collection, storage, and land application facilities are adequately constructed, and sized to handle a twenty-five year, twenty-four hour storm. The evaluation must be conducted by a Registered Professional Engineer in accordance with the Confined Animal Operations Control Regulations and Weld County Zoning Ordinance Section 47. 2. The schedule in which manure will be removed and applied to land. 3. The method in which waste water will be applied to land, including the procedure which will be used to insure that agronomic rates are not exceeded. 4. Other measures which are in place to insure that the facility operation as a "No-discharge" facility. B. The applicant shall submit an application to the Air Pollution Control Division, Colorado Department of Health. C. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. D. A dust abatement plan shall be submitted to the Health Department for approval prior to operation. The facility shall have sufficient equipment available to implement dust control as required by the Health Department. 940S?t RESOLUTION, USR-1057 Robert and Wilma Wardlaw Page 3 E. The plat shall be amended to show that no confinement pens, barns, animal shelters, structures, feed storage facilites, water retention ponds, manure storage sites will be built or located on the portion of the NE4 of Section 3, TSN, R64W described on overhead presented as portion B. F. The plat shall be amended to show a screen consisting of trees which will be planted and maintained along the south and east side of the feedlot area adjacent to the tract described as tract A on the overhead. The screening will consist of trees adequate to screen the view from the south and east of adjacent properties. Screening will have to be maintained and dead trees will be replaced annually. 4. 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) shall be brought into compliance with current I.S.D.S. regulations. Motion seconded by Ron Sommer. VOTE: For Passage Against Passage Richard Kimmel Curt Moore Shirley Camenisch Marie Koolstra Ron Sommer The Chairman declared the resolution passed and ordered that a certified copy be forwarded with th 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 on August 16, 1994. Dated the 16th of August, 1994. �t'j tai Becky Dittman Secretary 940S2t SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Robert and Wilma Wardlaw USR-1057 1. The Site Specific Development Plan and Special Review permit is for a feedlot (4,000 cattle) 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. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure pile shall not be allowed to exit or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. 4. The facility shall maintain compliance with the Confined Animal Feeding Operations Control Regulations and Weld County Zoning Ordinance, Section 47. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contaminations. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. All potentially hazardous chemicals shall be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. 10. The access shall be from Weld County Road 62 via the driveway along the west entrance to the homestead and feedlot area. No feedlot access will be allowed from Weld County Road 60 1/2 to the facility. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 940E?1 DEVELOPMENT STANDARDS Robert and Wilma Wardlaw USR-1057 Page 2 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940S21 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer 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-1057 NAME: Robert and Wilma Wardlaw ADDRESS: 27712 Weld County Road 62, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Review permit for a feedlot (4,000 cattle) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lot B of Second AM RE-837, being a part of NE4 of Section 3, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 60 1/2 and west of and adjacent to Weld County Road 57. To amend the plat to add an additional condition 3.E. to read: "The plat shall be amended to show that no confinement pens, barns, animal shelters, structures, feed storage facilites, water retention ponds, manure storage sites will be built or located on the portion of the NE4 of Section 3, T5N, R64W described on overhead presented as portion B. Motion seconded by Shirley Camenisch VOTE: For Passage Against Passage' Richard Kimmel "' m Curt Moore Shirley Camenisch Marie Koolstra d•:a i Ron Sommer v The Chairman declared the resolution passed and ordered that a certified copy be forwarded with th 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 on August 16, 1994. Dated the 16th of August, 1994. (Sad-I-Dad Becky Dittm n Secretary 940Sn BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ron Sommer 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-1057 NAME: Robert and Wilma Wardlaw ADDRESS: 27712 Weld County Road 62, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Review permit for a feedlot (4,000 cattle) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Lot B of Second AM RE-837 being a part of the NE4 of Section 3, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 60 1/2 and west of and adjacent to Weld County Road 57. To amend the plat to add an additional condition to 3.F. to read: "The plat shall be amended to show a screen consisting of trees which will be planted and maintained along the south and east side of the feedlot area adjacent to the tract described as tract A on the overhead. The screening will consist of trees adequate to screen the view from the south and east of adjacent properties. Screening will have to be maintained and dead trees will be replaced annually." Motion seconded by Marie Koolstra. VOTE: For Passage Against Passage:' Richard Kimmel Curt Moore Shirley Camenisch Marie Koolstra Ron Sommer '_ r CO The Chairman declared the resolution passed and ordered that a certified copy be forwarded with th 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 on August 16, 1994. Dated the 16th of August, 1994. c y Dittman Secretary 940821 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Robert & Wilma Wardlaw Case Number: USR-1057 Submitted or Prepared Prior to Hearing At Hearing 1. Application 25 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. Referral from Health Department received July 21, 1994 X 12. Referral from Public Works received August 1, 1994 X 13. Referral from the Town of Kersey received July 25, 1994 X 14. Referral from Extension Service received July 16, 1994 X 15. Letter from William and Gail Edwards received July 28, 1994 X 16. Letter from Fern A. Howard received July 27, 1994 X 17. Letter from Fern A. Howard received July 18, 1994 X 18. Letter from Wardlaw neighbors received August 1, 1994 X 19. Property Restriction Covenant received at Planning Commission August 16, 1994 X 9408?1 Efe- fA INVENTORY OF ITEMS Robert and Wilma Wardlaw USA-1057 Page 2 I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on August 1 1994. &diedTodd A. Hodge , C r e Planner STATE OF COLORADO ) COUNTY OF WELD ,$UB5i 'rBEp AND SWORN TO BEFORE ME THIS `g day of 1/4 C. • /P U B 0 : e - NOTARY PUBL �14:•pmii ,i'on ExpiresnIN• �� I-l"Lc 9408?1 EXHIBIT INVENTORY CONTROL SHEET Case (R5e#70517 — aAdfa uY L)bid t s Gt),Liir,ct_ Exhibit Submitted By Exhibit Description EnC �j/ • laititol _ b-1-1J Lc..NI)Li Fierai_ Q' ytto ru✓ ' UbiY!C(-to.- /9 B. [ ill tot:), _� flflIu�J ry ()War A ci © ti td � -e rr, IYa orcl 5X,iC. DOa tpiIto i y.r7u LaIThn->Q ru C'L 11'JAU E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 940821 RECOMMENDATION, USR-1057 Robert and Wilma Wardlaw 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 of the plat: A. The facility shall demonstrate compliance with the Confined Animal Feeding Operations Control Regulations. This shall be demonstrated by submitting a comprehensive manure run-off and process waste water handling plan to the Weld County Health Department for review and approval. This plan shall include, but not be limited to the following: 1. Demonstration that the waste water collection, storage, and land application facilities are adequately constructed, and sized to handle a twenty-five year, twenty-four hour storm. The evaluation must be conducted by a Registered Professional Engineer in accordance with the Confined Animal Operations Control Regulations and Weld County Zoning Ordinance Section 47. 2. The schedule in which manure will be removed and applied to land. 3. The method in which waste water will be applied to land, including the procedure which will be used to insure that agronomic rates are not exceeded. 4. Other measures which are in place to insure that the facility operation as a "No-discharge" facility. B. The applicant shall submit an application to the Air Pollution Control Division, Colorado Department of Health. C. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. D. A dust abatement plan shall be submitted to the Health Department for approval prior to operation. The facility shall have sufficient equipment available to implement dust control as required by the Health Department. 940821 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Robert and Wilma Wardlaw USR-1057 1. The Site Specific Development Plan and Special Review permit is for a feedlot (4,000 cattle) 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. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure pile shall not be allowed to exit or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. 4. The facility shall maintain compliance with the Confined Animal Feeding Operations Control Regulations and Weld County Zoning Ordinance, Section 47. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contaminations. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. All potentially hazardous chemicals shall be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. 10. The access shall be from Weld County Road 62 via the driveway along the west entrance to the homestead and feedlot area. No feedlot access will be allowed from Weld County Road 60 1/2 to the facility. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 940821 DEVELOPMENT STANDARDS Robert and Wilma Wardlaw USR-1057 Page 2 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940S21. REFERRAL LIST NAME: Robert H. and Wilma M. Wardlaw CASE NUMBER: USR-1057 REFERRALS SENT: July 11, 1994 REFERRALS TO BE RECEIVED BY: July 25, 1994 COUNTY TOWNS and CITIES - Attorney _Ault V X Health Department _Brighton .TX—Extension Service _Broomfield Emergency Management Office _Dacono Sheriff's Office _Eaton IX—Public Works Erie Housing Authority _Evans Airport Authority _Firestone Building Inspection Fort Lupton Frederick STATE _Garden City Division of Water Resources Gilcrest Geological Survey _Greeley Department of Health _Grover Department of Transportation Hudson _Historical Society / Johnstown Water Conservation Board J Keenesburg Oil and Gas Conservation Commission X Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont Berthoud F-2 Mead Briggsdale F-24 Milliken _Brighton F-3 New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 Pierce _Hudson F-7 Platteville Johnstown F-8 _Severance La Salle F-9 _Thornton Mountain View F-10 _Windsor _Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 _Boulder X 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 Longmont West Adams COMMISSION/BOARD MEMBER r X Bill O'Hare • EXHIBIT Date: August 16, 1994 CASE NUMBER: USR-1057 NAME: Robert and Wilma Wardlaw ADDRESS: 27712 Weld County Road 62, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Review permit for a feedlot (4,000 cattle) in the A (Agricultural) zone district. LEGAL DESCRIPTION: NE4 of Section 3, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 60 1/2 and west of and adjacent to Weld County Road 57. 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 and Section 45.1 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan Agricultural Goals and Policies are intended to support and preserve agricultural industries and farming. The Urban Growth Boundary Area Goals and Policies encourage land-use development proposals as long as they conform to the desires of affected municipalities. This land use is located within the Urban Growth Boundary area of the Town of Kersey, which has reviewed this request and expressed no objections. - The proposed use is provided for as a Use by Special Review in the A (Agricultural) zone district. - The uses permitted will be compatible with the existing surrounding uses and with the future development of the surrounding area as permitted in the A (Agricultural) zone district. Surrounding land uses include agricultural production and rural residences. - 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. y • EXN Bit oh 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-1057 for Robert H. and Wilma M. Wardlaw in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 13th day of July, 1994. 4( litXK6 I61T940921, 9409? SURROUNDING PROPERTY OWNER AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Robert H. and Wilma M. Wardlaw USR-1057 Richard Sanchez P.O. Box 1135 Loveland, CO 80539 Ross J. and Virginia C. Rumsey 29777 Weld County Road 57 Greeley, CO 80631 Kenneth F. and Gail L. Goodard 29733 Weld County Road 57 Greeley, CO 80631 Donald M. and Kelly S. Schoenleber 27904 Weld County Road 60 1/2 Greeley, CO 80631 Michael Ryan 27990 Weld County Road 60 1/2 Greeley, CO 80631 Donald M. and Norma L. Schoenleber 27758 Weld County Road 60 1/2 Greeley, CO 80631 Stacy L. and Robin K. Schrader 27710 Weld County Road 60 1/2 Greeley, CO 80631 Raymond J. and Judi K. Hergenreder 3813 13th Street Greeley, CO 80634 Fern A. Howard and George T. Ashen 1000 Geneva Street Denver, CO 80231 Donald L. and Patricia S. McCloskey 29900 Weld County Road 57 Greeley, CO 80631 Franco, Inc. 29680 Weld County Road 57 Greeley, CO 80631 Robert J. Jett 28127 Weld County Road 60 1/2 Greeley, CO 80631 Robert D. and Velda R. Bucklen 1504 44th Avenue Court Greeley, CO 80634 r • IXHIRtT 4; 940S21 SURROUNDING PROPERTY OWNER AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Robert H. and Wilma M. Wardlaw USR-1057 Page 2 Union Pacific Land Resources Corp. P.O. Box 2500 Broomfield, CO 80020 4 IXHIlIT 9`40S7, I ••,. ..I.,--,--\,•1.. // .� M la{•M� • . .• T71 : j VIU- •�—. ... • i'l 3 St: I.°�d l: . 1 ov[siR1ar •. •�° • ,._II\ 'COS LL , - • • b p•• •• rze Y`.7 V ••-..-_"._ 1E`� zo 21 �•J \ I • ..1{{: •1 1 (I ,= 1 23III�1 I 2; :I I 1 z0 •• • 21 2z / 1• _4 ! •! • ' • t r ..',w •+ . •.! .' U Q1. 1 . . •�I M a7 / '. 4. , •1 • ,•w •/r I 1� ' 'I'\' '. ••• ■°1Ca, • u.°•I • • ,o'- ._.-, ' -_-1.-••- I — • Vr' ",(Cr''''' �-+--� ] N/ON PrIC/F/C !�+ • I� ;'`° • IL •1 I .! f `/ 11 .c�ovfaEa • =a ao .•1 • • • • i : • 1 _ • • ••W, }�} f N JJ .S. ; ae sn m l - . °..I. ' • ° A I K 31 sz 35 •1.:L.; c ill_' - 50 r., 1 { • . s •• • •• —. r • • 9 It T . 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Vp!'.•i ttt'..kTM,.'t m L s it1F! 14$ . .. . • f' •I:a:' H• xs x.p ' ':: e.: . ..a s i. 1,..5.,,;•,44::.f i • f' r t;• #;9. t sa y': '. ;It'. *14-T',•$.1 i'. 11:.;-,z .tr • 4 . . ‘41:" Y• , 2!!!•:r1:3:74. a xFkx -. ` '.: .. • .. iiors •..•..•ry, it a •••TI) Stti s .. dV i•: . ..y n.F, ;•�i t x Y :i y Pa.u..iti'i±-',..c,:i. ..,t:' :e.,'i.y... � . $ lc � • y �//}C�7 j .. { ,vim.airiA" . yy /1"11,4,....f.y. .� .EASE 3 +`Mr:r"5,.1. W„. • �5, :y....i� . t:Pf• �tl: Y:Ct ••t q.Ck ::::..iii. f }gam q ' 4. i.,..!;;.. } t •tr s�'h33 ..:.,..i., Mn 'j`I I • t �rySRC J^ f 'ti { y2 9k "S y { ,{. - r� it. "-. a a,.y x rr J.-r }tt •i M' !*. . r; ` t,'y . t 4r'�F•R'ttih"tp ' Fsa r₹tts'.. ,{r #' i•'. ? � . :$4,1 L' ! xTt, A e t �4F « • x i k $ • i x • s y d - ` �t!!! rpm$x r YJ E } a 9 t #P" + E j n Rxv .. v 9 x 4 fi 'sr .. a A t c,„ DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140WI 1 111 C. EY, N. ORAO AVENUE GREELEY, COLORAD080631 COLORADO CORRECTED NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, August 16, 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: Robert H. and Wilma M. Wardlaw LEGAL DESCRIPTION: NE4 of Section 3, T5N, R64W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Feedlot (4,000 cattle) in the A (Agricultural) zone district. LOCATION: North of and adjacent to Weld County Road 60 1/2 and west of and adjacent to Weld County Road 57. SIZE: 65 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 August 16, 1994. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published ortq (1)/time b -July 21, 1994 C '2 t- Received by: /i N.- )_ Date: 7 /2L-/T`f f IXHIBIT AFFIDAVIT OF PUBLICATION STATE OF COLORADO SS COUNTY OF WELD gitaiMPE the was crow PIKS* I, ROGER A. LIPKER, of said County of Weld, being duly commission.de hold a pub- sworn,say that I publisher of tic hearing on Tuesday, am August 18, 1904, at 1:30 p.m.p.m.for the purpose of coo- WINDSOR BEACON g a Site a Specific Development Plan and a Special Review Permit for the property described a weekly newspaper having a general circulation in said below. Approval of the request may create a vested County and State, published in the town of WINDSOR, in property right pursuant to said County and State; and that the notice, of which the annexed is a true copy, has been published in said weekly APPLICANT Robert H.and Wiens M.Wardlaw for / successive weeks, that the notice was LEGAL DESCRIPTION: published in the regular and entire issue of every number of NE4 of Section 3, TSN, the paper during the period and time of publication, and in R94W of the 8th P.M.,Weld County,Colorado. the newspaper proper and not in a supplement, and that TYPE AND INTENSITY OF the first publication of said notice was in said paper bearing PROPOSED USE: Feedlot, t e date of the (4,000 cattle) In the A (Agriculturagzonedistrict. "2.,7r‘day of ,l A.D., 19 IV and the OCATON: No n of and last publication acing the date of the Ladjacent to Weld County day of A.D., 19 and that Reed 80.1/2 and west a and adNoent to Weld county the said WINDSOR BEACON has been published I Road57. continuously and uninterruptedly for the period of 5 I SIZE: 85 acres, more or consecutive weeks, in said County and State, prior to the tea date of first publication of said notice, and the same is a The public hearing will be newspaper within the meaning of an Act to regulate printing held an the wale County of legalpnotices and advertisements, approved May 18, Roo mN s , ind Room, First Floor, Weld yCey� Centennnnial center. 1931,//ate/nod//fall prior acts so far as in force. XI Ct Streetca tnts oe, /lit/ lL, ab e related to l the , above request in w t should be _ Welcsubmitted N wrasp to the Weld County Department of ISHER Planning Scolds, 1400 N.17th AMU*, Greeley, Colorado 80831,before the aboven a e or prrehearing osented at Subscribed and sworn to befoyre�/me this Z ‘ day of 16,1094. �t 19� Copies of the application are ✓ p �/�p avellable for public mspao- �i%/i04 /2 �»-�iw4 Ow In the Depadment a NOTARY PUBLIC Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80831 -Phone-- 983-3848,Extension 3540. My commission expires Dcaly , /97G, . Judy Yamaguchi, Chairperson, Weld County Planning Commission =Eat! r e il gwAL--.... iXNlilT 1 AUG 0 3 1994 M".1 Ft..'tty Planninp 940821 • tiMIGLQUIMLIG HESS •The Weld Co say Planning. AFFIDAVIT OF PUBLICATION i Commission will hold a pub- lic hearing on Tuesday, STATE OF COLORADO August 18, 1994, at 1:30 SS side for the purpose of con- COUNTY OF WELD Development a SP Specific Special Review Plan r aSpec . prOpeny eiew berme I, ROGER A. LIPKER, of said County of Weld, being duly properly described below. Approval of the request may sworn,say that I am publisher of create a vested properly right pursuant to Colorado Law. WINDSOR BEACON APPLICANT: Robert H.and Wilma M.Wardlaw a weekly newspaper having a general circulation in said LEGAL DESCRIPTION:SE4 of Section 3,T5N,RS4W of County and State, published in the town of WINDSOR, in the 6th P.M., Weld County, said County and State; and that the notice, of which the Colorado. annexed is a true copy, has been published in said weekly TYPE AND INTENSITY OF for / successive weeks, that the notice was PROPOSED USE:Feedlot (4,000 cattle) in the A published in the regular and entire issue of every number of (Agricultural)zone district. the paper during the period and time of publication, and in LOCATION:Nohh of and the newspaper proper and not in a supplement, and that adjacent to Weld County the first publication of said notice was in said paper bearing Road 80 1/2 and west of and the date of the adjacent to Weld County f¢ Road 67. 02/A- day of , A.D., 19 717 and the SIZE:85 acres,more or less last publication aring he date of the day of A.D., 19 and that The public hewing will bethe said WINDSOR BEACON has been published held in the Weld County Commissioners' Hearing continuously and uninterruptedly for the period of S Room, First Floor, Weld County Centennial Center, G rlsecutive weeks, in said County and State, prior to the 915 Tenth Street, Greeley, date of first publication of said notice, and the same is a Colorado. Comments or objections related to the newspaper within the meaning of an Act to regulate printing above request should be of legal notices and advertisements, approved May 18, suWeld bmhad in Department art to the 1931, and all prior acts so far as in force. Pla Cg Ser1400 N.17th hning n . N. yOL,I�1r-` boAvenue. ent Greeley, /�p" Colorado 80831,before the //‘ JLA- (/fl_ i above date or presentee at dw pub4e hearing on August 16,1W4. ISHER Copies of the application are available for public hapec. Subscribed and sworn to before me this 0c day of ton in the Department of �!, 19 rJ•� Planning Services, 1400 N. _/ q 17th Avenue, Greeley,e �/� _ e Colorado 5 806e1 - Phone- /``{,o GW 2, -sg-g e 353-3845.Extension 3540. NOTARY PUBLIC Judy Yamaguchi, Chairperson (�Weld County Planning My commission expires - /y , / 6 Commission Pushed In No tMiYsar bean en July 21,1104. U EXMISIT 11 AUG 0 3 1994 rer-1i ^•t^ivPlanning 9'1004?t WAR1)LAW USE BY SPECIAL REVIEW PERMIT APPLICATION July 7, 1994 - + EXHIBIT Ist CONTENTS CHECKLIST 1. APPLICATION FORM 2. DETAILED DESCRIPTION OF OPERATION 3. INFORMATION AND SUPPORTING DOCUMENTS 4. SPECIAL REVIEW FLAT 5. DESIGN AND OPERATION STANDARDS 940S?1 SPECIAL REVIEW SUBMITTAL CHECKLIST ITEMS REQUIRED FOR SUBMITTAL X15 copies of the application form. Loke 15 copies of the Special Review plat. toXse One 8-1/2" X 11" reduced copy of the Special Review plat. 15 copies of any written information describing the Special Review use. l4)‹. \ One copy of document showing evidence of adequate water supply (e.g. well permit or letter from water district) . One copy of deed or legal instrument identifying applicant' s interest in the property. One copy of noise report, if required by Planning Department. One copy of soils report. One copy of affidavit and certified list of names and addresses of surface owners within 500 feet of Special Review property. One copy of affidavit and certified list of names and addresses of mineral owners and lessees of minerals. $1,000.00 application fee. $500.00 investigation fee, if required. $10.00 a page recording fee for Special Review plat. * Becausc o-4-1Se rurt 1cca -Aiaan, Inc o ic r/se silt& 70/« ,mpojeer / -/'fl, a noire. repor + it waive 940!421 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone - 353-6100 - Ext. 3540 TO BE COMPLETED BY APPLICANT: (please print or type, except for ,necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:t Al E YV Section 2 T ,C N, R 6 7 W TOTAL ACREAGE 6 S" PRESENT ZONE Asa/Glares RA( OVERLAY ZONE IJ 0 A.)6 PROPOSED USE FEE,000T SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Rosen N. WAADG.4w 4 GJ/G MA M . AMa.DIsALt! Address: ,277/2 Gl.C. 4,. 62 City/State/Zip: CA.CCCEY Co 8062/ Home Telephone: SOS -3S2-ASISS Business Telephone: $O,3-,362 -26/66 Name: Address: City/State/Zip: Home Telephone: Business Telephone: APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: DON CA IL C. $'O/1/ Address: AA/7 (I/M Igor ray ha City/State/Zip: (,caressO Co 805.38 Home Telephone: At- (6?-OSSO Business Telephone: YDS— ter- ono 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 ) ,//V,��^^ ar' enairegers' Signature: Owner or Authorized Agent Subscribed and sworn to before me this '7day o 199 ti N AMY PUBLIC My commission expires / U// 7117 REVISED: March 1994 940821 2. DETAILED L-EECRIF'TION OF OPERATION A. Type of proposed use * Confined cattle feeding operation. B. Proximity of use to residential structures * Two residences are located immediately north of the feedlot pens and are owned and occupied by the applicant. * Three residences are located south of the feedlot slightly less than 1/4 mile. * Three residences are located approximately 1/4 mile east of the teedlot. C. Number of shifts and number of employees * Normal cattle-feeding operations consist of day-time operations (i . e. one shift) . * The entire farming and feeding operation utilizes 8-12 employees. The operation is family owned and operated. D. Number of users, patrons, members, buyers or visitors designed to accommodate * This operation is not intended to accommodate visitors other than cattle buyers, feed sales and related ousiness persons during the normal course of operations. E. Types anu numbers of animals at any one time * 4, cuO head of cattle. * the operation is currently in the business of raising Holstein calves and feeders. F. Operating and processing equipment * Feeder tr'ucl•::s, loaders and feed handling equipment. G. structures * The only structures, except for the corrals themselves, are typical farmstead buildings, barns, sheds, etc. 940 t H. Vehicular tratfic and access * Vehicular tratfic consists ot teed trucks, livestock trucks and trailers, pickups. * Apro;:imately once per week, semi truck and trailer tratfic tor teed delivery or livestock hauling. * Daily feed truck traffic. * Annual loader and manure truck traffic for pen cleaning. * Daily pickup traffic by owners, employees and feedlot business vendors. * The access is from uounty Road 62 via the driveway along the west entrance to the farmstead and feedlot. :C . Domestic sewage facilities * Each of the two farmstead residences have individual septic tank and leach field facilities. J . Size of stockpile, storage or waste areas * ilanure 'wastes/fertilizer is kept within each pen and stockpiled as necessary until it can be spread for crop fertilizer. * Feedstorage is located adjacent to the pens south of the small pens and north of the main feedlot area. * Liquid waste runoff from the pens is collected by storage lagoons and pumped onto fields with irrigation water to supplement nutrients for crop production. K. Method and schedule of debris, junk and waste disposal * All manure is recycled as fertilizer and not disposed as waste material . * Debris, junk and solid wastes are collected and transposed to approved solid waste disposal facilities. 940821 L. Construction and start—up of use * This is an existing facility, some of whicn has been in existence and use for- many, many years. M. Landscaping * Landscaping consists of typical farmstead trees and windbreaks. * There are no existing or proposed landscape plans for the feedlot area itself since the farmstead is north of the pens and provides excellent screening from County Road 62. N. Reclamation procedures * if the feedlot use were ever to be discontinued permanently, the corrals could be dismantled and converted to fields for crop production. U. Need for proposed use * This is a family--owned and operated business which provides the economic livelihood for several families (owners and employees) . * It is a +arming and feeding operation with crops consisting primarily of corn and alfalfa. * The crops are raised for animal teed. * the dairy animals are raised for future sale to and use by dairy farmers in the neighborhood for milk production. P . Fire protection measures * There is little to no fire danger to the feedlot pens because of their concrete and metal construction. * Farmstead Tire protection is similar to all other rural properties and businesses in the vicinity east and north of Greeley. 940S?t • information and supporting documents 1. Consistent with weld County Comprehensive Plan * This application is for an -Kgricuiturai use in an agricultural area of the county. The use is consistent with uses presently existing in this area. B. Consistent with intent of the district * This is an agricultural use/business in an agricultural district. C. Compatible with existing surrounding land uses * fhe entire surrounding area consists of identical land uses, i . e. farming and livestock feeding operations. A few miles to the west are large feedlots. There are several small feeding operations within a two to three mile radius. There are some rural acreages but no rural subdivisions located in the area. D. Conserve productive agricultural land * The feedlot itself is located and sized not to interfere with existing irrigation patterns. The operation is well-integrated with crop production, fertilization and irrigation practices. E. Compatible with future development * It is not expected that any municipality will impact this part of the county by growth. Continued agricultural uses in the surrounding area will result in no negative impacts. 9405?t h . E loodpiain, :geologic nazara, air'por't overlay * the area is not located in a tloodplain, geologic hazard or geld County Hirport Uverlay District area. U. Health, aatety and Weifare * Since this operation is located in an agricultural and rural area and is consistent with other uses in the area, there are no anticipated negative impacts to neignoors nor the County with respect to health, safety and welfare. Health and safety concerns are addressed by compliance with 1itate and County environmental regulations. The economic viability of the reeding and farming operations positively impact the welfare of the County and neighboring businesses. 940S21 BOARD OF DIRECTORS ERNEST TIGr[S ` .* NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ROSS /OW! HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M.ERNEST •, Y HARLESAACHZIGER I '' V LYLE NELSON, MGR. ' ,eq.:c•: P.O. BOX 56 • PHONE 356-3020 June 20 , 1994 RE: Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: 27712 WCR 62 1. X Water service is presently being provided to the above described property. 2. Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consummated with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional comments: Sincerely, North W unt la t r Di trict le D. Nelson anager Robert Wardlaw #2018 . 0 940P21 1/4 r DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WI C. 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO DATE: July 11, 1994 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1057 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 16, 1994, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Robert H. and Wilma M. Wardlaw FOR: A Site Specific Development Plan and a Special Review permit for a feedlot (4,000 cattle)1414' in the A (Agricultural) zone district. LEGAL DESCRIPTION: � of Section 3, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 60 1/2 and west of and adjacent to Weld County Road jrT.07. 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 Todd A. Hodges, 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. 940x9,1 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property WAP. oCAW , &tRE4Q.T 1-I. d" OIL hiA m . 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. STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to before me this 1 day of ( , 19944 WITNESS my hand and official seal. M Co// ission Expires: / D/l9 hk7 Public 940P21 PROPERTY OWNERS WITHIN 500 FEET Please print or type NAME MAILING ADDRESS CITY/STATE/ZIP CODE ASSESSOR'S PARCEL IDENTIFICATION # WAR DCAGJ, 2oREAT 277/2 W. C. A . 62 096307 000086 N. + Wicn+A M . CREECEr, Co 80631 (A/J0016 e, AiCNAao Po. Aox //3S 0963030000 79 Go Oat-Avid Co eon? QUMSEY, Past t d' 29777 /a/c& C7 0963030000 80 O/Aoi*J/A Z . SAJc ar Co 806,x/ 600eAao, XENNEir/ M2.72 GJca. S7 0963030000 77 o- Chic 1. 6'REECEr- Co 806,3/ ScfaeNGEIEQ, DON/-CD 27907 tact 6o y2 0963030000 8/ M. it tact C. tQEEGEr Co Bocci/ Q Y*-N, mom-se ,27990 GJG2 60 4 046303 0000,27 C,aEEcer Co 536,3/ ScbbENt6te/, to# cD .277S'8 tuck 60 096303000083 M. + IJas-►K* G. emcee Co 8063/ 940R?1 PROPERTY OWNERS WITHIN 500 FEET Please print or type NAME MAILING ADDRESS CITY/STATE/ZIP CODE ASSESSOR' S PARCEL IDENTIFICATION # SCHOE.uceget, DoMsc o .Z7?S8 Ale-A do r:, o963O30000n 1$. d'' IVoR.MA L. 6,QE EY Co 8063/ COI ADeA , STAGY e. .277/o Wc,a. 60 kt o963o3000a87 140 Ani K. elanet EY Co *n ,vet seAm eoe& Iliostavo 38/3 13 T" S r. O93o;ocoo 88 S + MIA/ 6-.0..eaffo Co nag /YOWA*O, lent„J A. aF /000 6'EN6t/A Sr. O80 fle/oco a/ Ac s), 6Zojce T dEJUOEQ O0 .fib-2.?/ IreCcorkEY, DoWACO 1. 29900 GJcR s7 09630)000029 'F PAMUA C. cfEFcer ,a 8063/ fL4rNco smc. .29680 h,jcR S7 O967o2 0000.2 y CREEcer C Bon/ c7 rr, Po/EAT T. 627 &1c4 6oY2 O96702O000,ZS 6'Mecer C 8063/ 940P?1 PROPERTY OWNERS WITHIN 500 FEET Please print or type NAME MAILING ADDRESS CITY/STATE/ZIP CODE ASSESSOR' S PARCEL /� IDENTIFICATION 1/ &Cie ENS 2oeear 0. soy VY vs Ave Cr. 6961020000o2 cc.OA 4. C,Q6aawr a 8063, 9408?1 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property A OGA-t4/ . AB Ear /1. d" 1JJ/cn4A M M . 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 ) / tingaZg - The foregoing instrument was subscribed and sworn to before me this '1 day of , 19()Li . WITNESS my hand and official seal. My Commission Expires: 16O/97 o - Public 940P?t MINERAL OWNERS AND LESSEES OF MINERAL INTERESTS Please print or type NAME MAILING ADDRESS CITY/STATE/ZIP 011/4//00 Mane. GAi1D Oo. ReXAst o f1.ESuumar Co At. BQDom it/ccO Ct 80o to 940S2t •M. 5y' • , iwa ,J ru.44,4412,4,,,,,.1:4-44,;?,4 •rE�'i"�.' i. n rp�[ ((�� x r s�Ji� ,_, ✓ i 4 .. jig � ),�7G a,wlN ,t -.rr,'„,,.. ., RecordeQ �t /. a/�. o'clockJ�.M, ,.. .t 1 p '"`•.4a J.aA0 . ANN SPcIMFP Recorder. J.....-O,,,,,it I I i r_ Rece tton-No •- ;That L ----- ------------ � �^ R1 g these vresents, !t! nil l men 6 - ', ' r it ,',�"•h_ ` JAMES He -TULL -------- ---- ?`r� ,;;,,, ,./:411 K H dt•) r.WJY, .R '-.c.; W 1 I ', µ •. 1 v,y tIl�d �g� Boulder 7;.*---" 41 1 Ili t -r `N° Boulder and State of Ggyxady forthe, 1 , 1 of --------------- --,, an-.:41, ; p4. xl id , on R khQx yralt}altls >rcnaid+:xak>ana ----------------------,,..-„.7-.:41, l , 1 :and Ten and no/100 --- ---- •flol.v . ,� Jr' ' f • X�.r'.a« a ;,,�d OBERT Fl. W/>• DLf1,W..a!?,41 WILIv1A M_ ...: " L 1 , ,1 . .„)..„L ; ., 1 11; ' 11(s) and eonvey(s) to R - -- r I-- q„ • --..,:rat. ..3.,;,.1.--„...n:-.'b"tt:l6at�5"iN .�-1'iaaaaJ.+n..C. -.• - -Ids-at=r'; y{S #Rar ix t.., n,'(rzll�4 1 J4 ,rf � e n e a r7' ''' ; t e l " ,,,`� ' r ld and the State of C.a.lur>clu Chg .; r:. „ . panty of Nre xfi xJtr" :' a and State of Colorado, 4, '-/St"-c.,,.- "ill r .Y.o owing rweal�property In the County of W c• c.1 :v n Lpcated.in the Northeast Quarter (NE4) of:Section Three (3), Tpwnalu , I '1 ;kYrt. fv<')''. � �nge;Sixty-four.. (64)' ,West .of:.the:Sixth Principal Meridian, Weld , * :,,r,411,-1,r4 ors o,• described as follows: ' ,Commencing at the' North quarter-cornet.:,:, J , .` } 1";� .9 ign.3� tEence. Easterly 825. 44 feet alon the North line of said Section:3 ,-i'. A • }` .j11i't t ueoint'of Beginning; thence continuing Easterly, 495. 00 feet along the , : y. 5 (1t : o said=Section 3; thence.Southerly 1320.00 feet at right angles to the : -M. .,, r � ta„ b# _ laaeofsazd.Section 3;.thence 495. 00 feet parallel with the'North llno, , I.e.; _: Lion- 1Lth@nce Northerly 1320.00 feet at,right angles to the North line,of : 4 ,, — y t t -' 41, t o the;•rue Point of.•Beginning; subject to a right-of-way for Weld J 'r , s f44it ! ;r� . tqt . 2 acsoas tte'North 30. 00 feet thereof, and subject to a.righk of 475.e 111:.!5+21.1:14 e e vadth for a-wirrtgation canal together with i.3,r{shares of the Cache: J J,w, 1 J1' • E i,7 i ,,. JeeaCFgmpany and 1. l�.shareaof�the New Cache La Poudre Irriga c ,� kR _, vtiv ),x ` e eapecttve ca,• .l rights for same.. \,'• ' , 4„ ' �-•,,,s4• 'unto gxe atom�-a.15efoot,right-of.way along an it rl.rzaliotL ditch it ". )r <,3-`...,,,,,;,-.....,7x s , ,4, _ e3 for• . ' ivory.' , - • I, 4, ,adjacent lands owned bX grahtdr;k' + d�a�y 61 . l ,004.3.„..•( ' for the operation.apd.maintenance .of,the. flitch: Further reservt.ng' ,t.,�'�q e4• In �� , "lt?"i`!`s l.lo�enta ;allocated to said premises by the: Northern Colorado x5 ,�. �,i•^4,a"5'"f^ ,'ti . ti•�8tr 1Ct, - "##.,+ i f J . ,, uI•' ]:-, re ... d,€ Y A°i 't `•° iF y r ,¢ rt,J,+s>r reservatio ,f..r• .•h• ,. ,' fr m 1 r c and warrants) the title to,the same, subject to :patent b , L.C S" .- t-, .i."1,,t ,t+ri e v • ' b . �+ M+ , r\'p • SJt,Jn. �i. tpp of wa of recoddr mineral reservations of 'record and ' r,,,1'1,P .1�1't lf l4il �i.r0.pen.Y taxesti�'5 w • 'tY{.vm .,.....-‘4,-., :..-- ' '..-41,4•*:, i 1 1. �, l �:toionvI x73`4 ---4,t, y t OlK k t ! day, of GY.embe A.•D;.18 x.41, K ' ' �i:fit i1J4)� °r R ��.T�� ? 1.>t�� J ��- 2 dot E .� i y `. •iTA e, e.°fY r \ Ar i watt/ 4.r '� ,.9RF1 I� 1i ii f/,. 7i, % '4 '`. e ,r•4-,, � . • e Js P-S.LY' :� J tole t� (' c' -t.•' f. ' . ti,,--. � - ! e'� ,4...,r,,'.......s. . � er t5 1 yids br..... ♦ 4iif� ,,,,,m,,,,,37,4v,,,,Fer.,,..004g,,w,,,,,,,,,,,,,..,,,,-,-44-4.44,,,44,1004-4,,,,A,44,,eheir wy ,, q�37� gyp. ,Jsn `�' n 1 A F• ! M1/Oe 3fR y�lGgn' ! tr _ '� .7✓fin' _ Drex `' Bartell Co. ° SURVEYORS • ENGINEERS 3;:,..4')''• ' 1425 PEARL '_STRT T. BOULDER, COLORADO PHONE 442 4.338. BOB 0'2' ky I . September 24, 1971 . -, A description of the ert H. Wardlaw tract located in the, NE1 of .Section 3, TEN, R64W of.the`6th �M.., Weld County,, :Colorado, for Jim Tull. This ,,,),4 4, 'deacripti� revises o �C},at��'September' 13, 1971. " �„;' nLEGAL DESCRIPTION J,>: -i a ,p¢ �`W ` . tra o 1 d%1 cat tin the '>`of Section 3, TSN, R64W of the 6th P.M. , ;. Nell Ccuo#y,, Col,orado�c�esoribad _as follows: }: � ar�s f r. x _ A Commencing at the N/ Corner of-said Section 3, thence`Easter]y .825.44 feet along the North line of said Section 3 to the TRUE POINT OF BEGINNING; ,' Thence continuing'Easterly, 495.00 feet along the North line of said Section 3; £4 " Thence Southerly 1320:00 feet at right angles to the North line of said Section fi 3; )-A Thence Westerly 495.00 feet parallel with the North line of said Section 3; i 4 Thence Northerly 1320.00 feet at right angles to the North line of said Section 3 to the TRUE>POINT OF BEGINNING. p ll'r +` Subject,to a rightnof-'way for Weld County Road NO. 62 across the North 30.00 ' _' wa - 'feet .thereof, and' su� set to a right-of-way, 15.00 feet in width for an ,k.' Irrigation Canal. E rc L4 p Area 15.00 acres, or, less. ice- ., tY yax UJ ,` `a r '" t l f - 6 �'i 3h 'RIAL SURVEYORS'.• MINERAL-SURVEYORS • LAND SURVEYORS • REGISTEREDENGINEERS 940P, 1 • • AR 2239577 Recorded at . y 1288 EEC 02239577 01/28/91 11: 18 515.00 1/003 Reception Nc F 1177 MARY ANN FEUERSTEIN CLERK & RECORDER WELD :0, CO QUIT CLAIM DEED THIS DEED, Made this alWA day of ()tit r ,1990,between RC BERT H. WARDLAW and WILMA M. WARDLAW grantors, and ROBERT H. WAR)LAW and WILMA M. WARDLAW, As Trustees for the ROBERT WARDLAW LUTING® TRUST, dated October 20, 1990 and ROBERT I-L WARDLAW and WEL?LA M. WARDLAW, As Trustees for the WILMA M. WARDLAW LOVING® TRUST dated October 20, 1990,whose street address is 27712 Weld County Road 62,Gereley, Cc unto of Weld, State of Colorado, grantee, WITNESSETH, That the grantor, for no consideration but the convenience of the parties • has remised, released, conveyed and QUIT CLAIMED, and by these presents does remise, release, convey and QUIT CLAIM unto the grantee, his heirs and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real p roperty together with improvements, if any,situate, lying and being in the County of Weld, and the State of Colorado, described as follows: SEE EXHIBIT "A"ATTACHED HERETO RESERVING HOWEVER, unto grantor, all oil, gas and other minerals p.esently owned by said grantor. if any,in,on,under, upon and that my be produced ft 3m said premises for a period of 10 years from the date hereof, TOGETHER WI FH the rights of ingress and egress necessary to explore for, mine and remove such oil,gas and other minerals. After such time all oil, gas and minerals shall revery to the grantee, his heirs, successors and assigns. TO HAVE AND TO HOLD the same, together with all and singular the appurtenant es and privileges thereunto belonging,or in anywise thereunto appertaining, and all the estat 3, right, title,interest and claim whatsoever, of the grantor, either in law or equity, to the on13 proper use, benefit and behoof of the grantee, his heirs and assigns forever. The singular lumber shall include the plural, the plural the singular, and the use of any gender shall be ap rlicable to all genders. WITNESS the hands and seals of the Grantor. After 44,AVA/ • • • B 1288 REC 02239577 01/28/91 11:18 415.00 2/003 F 1178 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ` b!' 'k3 STATE OF COLORADO ) ' ss. a1z COUNTY OF WELD The foregoing quit claim deed was acknowledged before me on / _ / ; / L, by ROBERT H. WARDLAW and WILMA M. WARDLAW. Witness my hand and official seal. ;41/44b ruoW J V, �My-eummission expires: e 1or co' a, Xk Mme • , I B 1288 REC 02239577 01/28/91 11: 18 515.00 /0! 3 F 1179 MARY ANN FEUERSTEIN CLERK RECORDER LJELD CO, UO • EXHIBIT "A" Covering the Land in the State of Colorado, County of Weld. Described as: All that part of Lot B of Secs 6 1990 in o 12E1 ended Recorded Exemption nepNo. . on 0963-]-1-AE637, recorded Aug t No. 2222302, described as follows: Range A parcel of land being pact of S1/2 oNo of the NE1/4 and part of Lot 1. all in Section 3, Township 5 6th P.N. , and being more particularly described as follows: BEGINNING at the NE corner of said0t ctionw3tandh llssu ingbtheiEast line of said ein 4relative as bearing t a 1320. 35 feet to the IRUF thence 501'04'45'W 0 h04'4n"WalsaidrEast 1 , thence SOl'04 45 d along POINT OF BEGINNING thence continuing 501'04'49•it along said East line, 54 .34 feet ; thence leaving said East line, 589' 45' 50•W, 397 .78 feet; thence 500'40' 47'1+, 352. 32 feet; thence 539'02'55•E, 395.22 feet to a point on the East line of said NE1/4; said East line , 914 . 33 feet to the E ./4 thence 501'04' 45"N along corner of said Section 3; thence 589'58'52"W along the South line of said tlEl/4 , 1755 . 4 , feet; said South line, N00' 14' 10"'A, 2642.23 feet to a thence leaving aforesaid Lot point e on the North 5 lloe °said North line, 495.00 feet; thence leaving along thence leaving said 1290.96 feet to the TRUE POINT i5 • IOOF0 EBEGINNING,eet; thence N89'45 50•E, the E1/4 of EXCEPTION THEREFROM Nor . Range 64 west of the located 6th nP.M. ,Ndescribeceasion 3, Township follows: 1/4 corner of said Section 3 , COMMENCINGEns at the North along the North line of said Sec :icn thence Easterly 3 to the TRUE POINT OF BEGINNING 495.00 feet along the North line of thence continuing Easterly, said Section 3;thence Southerly 1320.00 feet at right angles to the North line of said Section 3;thence Westerly 495.00 feet parallel with the North line of said Section 3;thence Northerly 1320.00 feet at right angles to the North Line of said Section 3 to the TRUE POINT OF BEGINNING.• \ , ETWQ WITH all right, title and interest of the Grantor in and to 4 all water and water rights, including but not limited to the following: 3.25 shares of the capital stock of The New Cache La Poudre Irrigating Company 4.2 shares of the capital stock of The Cache La Foudre Reservoir company 9.3 shays of the capital stock of The North Side Lateral Company 7.6 shares of the capital stock of The Blaine Lateral Company One Predicted Right of The Fossil Creek Reservoir ... WELD COUNTY, COLORADO, SOUTHERN PART 23 Windbreaks and environmental plantings of trees and The potential native vegetation is dominated by blue shrubs commonly grown in the area are generally well grams. Several mid grasses, such as western wheatgrass suited to this soil. Cultivation to control competing and needleandthread, are also present. Potential produc- vegetation should be continued for as many years as tion ranges from 1,600 pounds per acre in favorable years possible following planting. Trees that are best suited and to 1,000 pounds in unfavorable years. As range condition have good survival are Rocky Mountain juniper, eastern deteriorates, the mid grasses decrease; blue grams, buf- redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, snakeweed, yucca, and fringed sage increase; hackberry. The shrubs best suited are skunkbush sumac, and forage production drops. Undesirable weeds and an- Siberian peashrub, lilac, and American plum. nuals invade the site as range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation on this soil should be based cropland areas provide favorable habitat for ring-necked on taking half and leaving half of the total annual produc- pheasant and mourning dove. Many nongame species can tion. Seeding is desirable if the range is in poor condition. be attracted by establishing areas for nesting and escape Sideoats grama, little bluestem, western wheatgrass, blue cover. For pheasants, undisturbed nesting cover is essen- grams, Pubescent wheatgrass,and crested wheatgrass are tial and should be included in plans for habitat develop- suitable for seeding. The grass selected should meet the ment, especially in areas of intensive agriculture. seasonal requirements of livestock. It can be seeded into This soil has good potential for urban and recreational a clean, furs sorghum stubble, or it can be drilled into a development. Increased population growth in the survey firm prepared seedbed. Seeding early in spring has area has resulted in increased homesite construction. The proven most successful. chief limiting feature for urban development and road Windbreaks and environmental plantings of trees and construction is the limited capacity of the soil to support shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing a load. Septic tank absorption fields function properly, but vegetation should be continued for as many years as community sewage systems should be provided if the possible following planting.Trees that are best suited and population density increases. Because of the permeability have good survival are Rocky Mountain juniper, eastern of the substratum, sewage lagoons must be sealed. redcedar, ponderosa pine, Siberian elm, Russian-olive, and Lawns, shrubs, and trees grow well. Capability class I ir- hackberry. The shrubs best suited are skunkbush sumac, rigated. lilac, Siberian peashrub,and American plum. 32—Kim loam, 1 to 3 percent slopes. This is a deep, Wildlife is an important secondary use of this soil. The well drained soil on smooth plains and alluvial fans at cropland areas provide favorable habitat for ring-necked elevations of 4,900 to 5,250 feet. It formed in mixed eolian pheasant and mourning dove. Many nongame species can deposit and parent sediment from a wide variety of be attracted by establishing areas for nesting and escape bedrock. Included in mapping are small areas of soils that cover. For pheasants, undisturbed nesting cover is essen- have loamy sand underlying material. tial and should be included in plans for habitat develop- Typically the surface layer is brown and pale brown ment, especially in areas of intensive agriculture. Range- loam about 12 inches thick.The upper 28 inches of the un- land wildlife, for example, the pronghorn antelope, can be denying material is pale brown loam. The lower part to a attracted by developing livestock watering facilities, depth of 60 inches is pale brown fine sandy loam. managing livestock grazing, and reseeding where needed. Permeability is moderate. Available water capacity is This soil has good potential for urban and recreational high. The effective rooting depth is 60 inches or more. development. Increased population growth in the survey Surface runoff is medium,and the erosion hazard is low. area has resulted in increased homesite construction. The In irrigated areas this soil is suited to all crops com- chief limiting soil feature for urban development and road monly grown in the area, including corn, sugar beets, construction is the limited capacity of this soil to support beans, alfalfa, small grain, potatoes, and onions. An exam- a load. Septic tank absorption fields function properly, but ple of a suitable cropping system is 3 to 4 years of alfalfa community sewage systems should be provided if the followed by corn, corn for silage, sugar beets, small grain, population density increases. Because of the permeability or beans. Land leveling, ditch lining (fig. 6), and installing of the substratum, sewage lagoons must be sealed. pipelines may be needed for proper water applications. Lawns, shrubs, and trees grow well. Capability subclass All methods of irrigation are suitable, but furrow ir- IIe irrigated, IVe nonirrigated; Loamy Plains range site. rigation is the most common. Barnyard manure and com- 33—Kim loam, 3 to 5 percent slopes. This is a deep, mercial fertilizer are needed for top yields. well drained soil on plains and alluvial fans at elevations In nonirrigated areas this soil is suited to winter wheat, of 4,900 to 5,250 feet. It formed in mixed eolian deposits barley, and sorghum. Most of the acreage is planted to and parent sediment from a wide variety of bedrock. In- winter wheat and is summer fallowed in alternate years eluded in mapping are small areas of soils that have to allow moisture accumulation. Generally precipitation is loamy sand underlying material. too low for beneficial use of fertilizer. Typically the surface layer is brown and pale brown Stubble mulch fanning, striperopping, and minimum til- loam about 10 inches thick.The upper 28 inches of the un- lage are needed to control soil blowing and water erosion. denying material is pale brown loam. The lower part to a Terracing also may be needed to control water erosion. depth of 60 inches is pale brown fine sandy loam. 940Nf1 4 1rtYrl t1 T4 M1.'+ - '.41O ij . G rth .. ."F :E'+^ • �'•. t gyp • Y 7 . ..h'lit '- /R+ ' '3 c' y} f fkg . Y __ 4+Mt. •?+'+ �A .. e. Ts) "'N.:8' i. F .1„ JJtJ•. .^ i Y 3z a�f�a e v Ana � yi .. �J A xi.' z . t i .gyp' -',,y'f : " i,,..'T ',�yy t. Y .. ,i lot• a4 3#t''* ' +t -! 1 �I }p:Y. ,.T1it 41 is De 's ••••ft 1-•.' ..P.,,, ‘, . . . ,1 ......7411.4.1.: x': ; 1 '. * .,... .- ' ''''‘.,4.4 '''' 2* littfii:t1 it a ,�i h 01 J i i i s _ tpiro' rsR. o- . • y 1 ` \�\ �� y. .. ' Stti lr �' \ l` A0. i . $, �. 4. USE By FECIAL REVIEW PERMIT MAP 940821 Design .::aid operation standards 45. 1 Livestock Confinement Operations. 45. i . 1 1 The operation is locoed more than 50 feet from any ;:Mate or Federal highway right--of-way. 45. 1 . 2 Manure is stockpiled in the feedlot pens and applied to adjacent farmland at recommended rates for crop fertilization and soil improvement. +5. 1 . 3 Rodents and insects are controlled as needed in accordance with procedures specified by chemical products and with good "housekeeping" practices. 45. i . 4 Concrete aprons exist adjacent to all feedbunks and water tanks. 45. 1 . 5 Industrial loaders are used to clean manure from the pens and to eliminate low areas where stormwater may accumulate. 45. 1 . 6 Although there are no rivers, streams or lakes adjacent to the feedlot, drainage facilities exist to collect runoff from the feedlot area. The water is then pumped and applied to cropland •tor its nutrient value. the applicant is in the process of designing and upgrading the runoff control system to insure that it meets Colorado Department of Health, Water Quality Control Division, Confined Animal Feeding Operations Control Regulation 4.8. 0. improvements are planned to continue to divert uncontaminated stormwater runoff around the feedlot area. All stormwater and drainage in contact with feedlot manure will continue to be directed to collection areas. Small collection facilities used in conjunction with larger permed areas will meet the 5-year, 24-:your runoff event criteria in the regulations. Bumping capacity will enable the full capacity of the control facility to be regained within the 15-day requirement. 940 2t LAND-USE APPLICATION SUMMARY SHEET Date: August 16, 1994 CASE NUMBER: USR-1057 NAME: Robert and Wilma Wardlaw ADDRESS: 27712 Weld County Road 62 REQUEST: A Site Specific Development Plan and Special Review permit for a feedlot (4,000 cattle) in the A (Agricultural) zone district. LEGAL DESCRIPTION: NE4 of Section 3, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 60 1/2 and west of and adjacent to Weld County Road 57. SIZE OF PARCEL: 65 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Health Department 2. Weld County Public Works Department 3. Weld County Extension Service 4. The Town of Kersey The Department of Planning Services' staff has not received referral responses from: 1. Platte Valley Fire District Several phone inquires and objections have been received by Department of Planning Services' staff from surrounding property owners. 4 • • EXHIBIT it... .. A FIELD CHECK FILING NUMBER: USR-1057 DATE OF INSPECTION: July 21, 1994 APPLICANT'S NAME: Robert and Wilma Wardlaw REQUEST: A Site Specific Development Plan and a Special Review permit for a feedlot (4,000 units) . LEGAL DESCRIPTION: NE4 of Section 3, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 60 1/2 and west of ad adjacent to Weld County Road 57. LAND USE: N Alfalfa E Residence, pasture S Residence, alfalfa, pasture W Residence, alfalfa ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: South access from Weld County Road 60 1/2 runs on west side of property to pens. Property not in residential use, or pens is in corn and alfalfa. North access from Weld County Road 62, which is a gravel road. /47 Todd A. Hodges Current Planner 4 " EXHIBIT . ,.,Lpixw", t mEMORAnDUM ij J�z 1991ili Wi �. nl3l0^aRP Todd Hodges � To Wald County Planning Date July 20. 1994 COLORADO From Travnr iirirak, Cupervicor, Environmental Protection Services '' Subleetr .Nu hnr• H P-1n97 Name. Wardlaw, Robert H & Wilma M. SE4 of Section 03, Township 05 North, Range 64 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. Prior to the start-up of the facility, the facility shall demonstrate compliance with the Confined Animal Feeding Operations Control Regulations. This shall be demonstrated by submitting a comprehensive manure run-off and process waste water handling plan to the Weld County Health Department for review and approval. This plan shall include, but not be limited to the following: A. Demonstration that the waste water collection, storage, and land application facilities are adequately constructed, and sized to handle a twenty-five year twenty-four hour storm. B. The schedule in which manure will be removed and applied to land. C. The method in which waste water will be applied to land, including the procedure which will be used to insure that agronomic rates are not exceeded. D. Other measures which are in place to insure that the facility is operating as a "No-discharge" facility. 2. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. 3. The facility shall maintain compliance with the Confined Animal Feeding Operations Control Regulations and Weld County Zoning Ordinance, Section 47. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. r • EXHIBIT ' 1 Name: Wardlaw, Robert H. & Wilma M. Case Number: USR-1057 July 20, 1994 Page 2 5. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit maybe required for this facility. The applicant shall submit an application to the Air Pollution Control Division, Colorado Department of Health. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. 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. 10. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. 11. A dust abatement plan shall be submitted to the health department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the health department. 12. All potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. TJ/lam-2469 9.409?1 ri(141;; MEMORAnDUM Todd Hodges August 1, 1994 �. Planning Dept. To Date COLORADO From Don Carroll, Administrative Coordinator Case USR-1057, Robert H. and Wilma M. Wardlaw Subject: I have reviewed the application and have the following comments. I would like the applicant to indicate by placing on the drawing the existing access points and proposed access points on WCR 62 and also 62 1/2 if they exist. I am also looking for the internal road system at both locations, existing culverts and sizes with widths of accesses and radiuses. The applicant is indicating under Item H vehicle traffic and access daily feed truck traffic will occur on site. Daily pick up traffic by owners, employees and feedlot business vendors will be the only additional traffic on site. Annual loading of manure trucks, traffic, or pen cleaning will be seasonal. The access is from WCR 62 via the driveway along the west entrance to the homestead and feedlot area. No feedlot access will be utilized from WCR 60 1/2 to the facility. DC/fc:plan2.mem r f cc: Commissioner Kirkmeyer I tl E Z V E Town of Hudson I� AUG 1 1494 Road File 62 �J WPM County Planning EXHIBIT raCti:?...3/4 DEPARTMENT OF PLANNING SERVICES I PHONE (303)353-3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES WI 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO July 11, 1994 CASE NUMBER: USR-1057 TO WHOM IT MAY CONCERN: Enclosed is an application from Robert H. and Wilma M. Wardlaw for a Site Specific Development Plan and a Special Review permit for a feedlot (4,000 cattle) in the A (Agricultural) zone district. The parcel of land is described as E4 of Section 3, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 60 1/2 and west of and adjacent to Weld County Road M. 51. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 25, 1994 so that we may give full consideration to your recommendation. Please call Todd A. Hodges, 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 X interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please r fer to the enclosed letter. / - Signed: p /� Agency: -OuJ2 0 Y / e �l Date: 744 q) J (�1cd� ��? I EXHIBIT Ii JUL2 ' 1994 y ....�J tso a cif(Avig‘ip DEPARTMENT OF PLANNING SERVICES r PHONE (303) 353-3845, EXT. 3540 I WELD COUNTY ADMINISTRATIVE OFFICES WI ig. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO July 11, 1994 CASE NUMBER: USR-1057 TO WHOM IT MAY CONCERN: Enclosed is an application from Robert H. and Wilma M. Wardlaw for a Site Specific Development Plan and a Special Review permit for a feedlot (4,000 cattle) in the A (Agricultural) zone district. The parcel of land is described as SE4 of Section 3, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 60 1/2 and west of and adjacent to Weld County Road 67. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 25, 1994 so that we may give full consideration to your recommendation. Please call Todd A. Hodges, 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: `.e A. / GOB" Agency: Date: 7—/�—i�C S EXHIBIT ___Y__ JALE 1 1994�� "_...�h,Planning _ 940s?1 July 25, 1994 Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 477W Todd Hodges Dear Mr. Hodges: Re: Wardla ws'Proposal to Increase Cattle My husband and I are strongly opposed to Mr. and Mrs. Wardlaw's request to increase their current large number of cattle. This will create a great number of problems, some of which are; great numbers offlies, strong odors, increased traffic up and down both roads and a decrease in our property values. We not only oppose their request but also feel that they should have to return their feedlot now existing back to the current size it was a few years ago before he started expanding it in the dark of night. Please consider ow opposition to this feedlot Sincerely, William and Gail Edwards 29733 WCR 57 Greeley, CO 80631 � 353-5369 EXHIBIT JUL 281994 /5 WA*Co* I(1142Z July 25, 1994 RE! War-dla.w Feedlot Case (.I"+I ti•-i 0!5 r. To Whom It May Concern Bryan i-Ioiirier has my authorization to represent me in my opinion concerning the above referenced feedlot. The now e i•st•+' nci War•_d].:=w feedlot is located adjacent to the Howard Farm l have no objection to the continued existence, maintenance and expansion of t.hi.s feedlot.. Thank you. Sincerely, Fern A. Howard cc 'pdd Hodges •- Current Planner Department of Planning Services Weld County, Colorado" ;o CLIV1 ,lUL 2 7. 4994 Weld CaultY plan w EXHIBIT -9dOR July 15 , 1994 Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO B0631 RE: Case Number USR--1O i. Dear Hodges: In regards to the above case number, I am a property owner near this location , and I would like some additional w-- to the exact location where this feedlot will information as e be xact constructed . ;. do not have a map with the road locations on i t. Thank you very much. Sincerely, Sx,t4( a ctAd Fern A. Howard Howard Cattle Company F S}ills: JC(b ClkiE114 341) — L-, i7 LIM cqg EXHIBIT 111 JUL 1994 j I %W1HI1 940R?t, Robert H. Wardlaw & Wilma M. Wardlaw 27712 W.C.R. 62 AUG 1 1994_ Greeley, Colorado 80631 WnId County Planning re: Proposed Feedlot, location; N E 1, Sec 3 , T 5N, R 64 W Dear Bob; As you probably know, the neighborhood had a meeting to express their concerns about the proposed feedlot. We also addressed the potential harm and financial loss that might be incurred by the various individuals in the neighborhood. After talking with you it is our understanding that your only purpose is to aquire a legal and proper permit for your current operation as it exists today, and also you have no intention to expand. With these thoughts in mind, we have generated a list of our concerns and of our re- quirements to allow us to be comfortable and in agreement with the feedlot proposal . They are as follows : 1 . We suggest that you withdraw your current proposed plan as that in no way, as presented, will this plan be acceptable. 2. That you propose a new plan before the planning commission for your feedlot consisting of the original property at 27712 W.C.R. #62 plus the additional square footage to include the existing pens and ponds . 3 . We would also ask that the portion of ground bordered by Rd 602 and Rd 57 , consisting of approximatly 48 acres be measured and deeded seperately, and the proposed use to be exclusively agriculture or resident- ial with expressly no intent to be a feedlot ever. 4 . We would also like to know your plan and your specific approach to the following points of concern, as you know, there are some 20 to 25 families in your immediate neighborhood. A. Dust Control B. Pest Control C. Traffic conflict D. Landscaping plan to screen the facility from your neighbors, both South and East of your facility. E. Your specific plan to control and dispose of waste material from your feedlot operation. r r EXHIBIT As you are well aware, the county has previously earmarked this general vicinity for Mini Sub-division type housing by virtue of their past actions of their many small recorded exemption tracts. A large commercial feedlot would not be condusive too, or beneficial to that plan, nor the current residents. Our approach to your problem has been considered very carefully, and your neighbors almost as a whole, consider this solution the best answer to a bad existing situation. We feel we must have your consideration and modification in this matter so that we could all enjoy the peace and tranquility of our neighborhood. Respectfully Submitted, Your Neighbors PROPERTY RESTRICTION COVENANT WHEREAS ROBERT H. WARDLAW and WILMA M. WARDLAW (collectively referred to as Wardlaw) are the owners of certain real property in the NE'U of Section 3 , Township 5 North, Range 64 West of the 6th P .M. in Weld County, Colorado more particularly described in Exhibit "A" attached hereto; and WHEREAS Wardlaw has submitted a Use By Special Review Application to the Weld County Department of Planning Services for a special use permit for an existing unpermitted feedlot and expansion of such feedlot on said lands; and WHEREAS certain owners of adjoining lands have expressed concerns regarding such Application; and WHEREAS Wardlaw has agreed to impose certain restrictions upon his land in an effort to mitigate the impact of the feedlot upon the lands of others, and to ameliorate the concerns of the owners of adjoining property; THEREFORE, in consideration of the consent by the owners of adjoining property to the granting of the Special Review Permit by the Weld County Department of Planning Services and the Board of County Commissioners, Wardlaw agrees as follows : 1 . No confinement pens, barns, animal shelter structures, feed storage facilities, water retention ponds or manure storage sites will be built or located on the portion of the NEU of Section 3 , Township 5 North, Range 64 West described in Exhibit "B" attached hereto. 2 . Ingress and egress to and from the feedlot for equipment and commercial vehicles will be solely by means of Weld County Road 62 . 3 . A screen consisting of two rows of trees will be planted and maintained along the south and east sides of the feedlot area adjacent to the tract described in Paragraph 1 . The screen will consist of ene row - of evefgr.eeuu trees and one row-of deciduous trees not less than three feet in height and at least two inches in diameter, planted not less than t ght, feet apart . Any dead trees will be replaced at least annually. (0 4 . The provisions of this Covenant will be incorporated into the development standards applicable to any Special Use Permit issued pursuant to the Wardlaw application. 5 . This Covenant shall be deemed to be a covenant running with the lands described in Exhibit "A" , and shall be binding upon F:\GA0\SCH0ENLE\PR0PERTY.00V 1 z EXHIBIT • i9 s (ra- /Os 7 940??t the heirs, representatives, successors and assigns of Wardlaw. 6 . The provisions of this Covenant shall be for the benefit of the following owners of lands in the SEM of said Section 3 and the NWM of Section 2 , Township 5 North, Range 64 West , together with their heirs, representatives, successors, and assigns : Ross J. Rumsey and Virginia L. Rumsey Kenneth F. Goddard and Gail L. Goddard Donald M. Schoenleber and Norma C. Schoenleber Donald M. Schoenleber and Kelly S . Schoenleber Michael Ryan Franco, Inc . Raymond J. Hergenreder and Judi K. Hergenreder Robin K. Schrader and Stacy L. Schrader Ronald Richardson and Ruby Richardson Donald McCloskey and Pat McCloskey Robert Bucklen and Velda Bucklen - Dated this day of August, 1994 . ROBERT H. WARDLAW WILMA M. WARDLAW STATE OF COLORADO ss . COUNTY OF WELD The foregoing instrument was acknowledged before me this day of August, 1994 by ROBERT H. WARDLAW and WILMA M. WARDLAW. WITNESS my hand and official seal . My commission expires : Notary Public F:\GHO\SCHOENLE\PROPERTY.COV 2 940,471 Hello