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Home My WebLink About940751.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT 1/1051 FOR AN ACCESSORY BUILDING (HORSE BARN) LARGER THAN 1,500 SQUARE FEET (2,400 SQUARE FEET) IN THE R-1 (RESIDENTIAL) ZONE DISTRICT - RICHERT E. AND CAROL L. QUINN 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 10th day of August, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Richert E. and Carol L. Quinn, 3527 Range View Road, Greeley, Colorado 80634, for a Site Specific Development Plan and Special Review Permit 111051 for an accessory building (horse barn) larger than 1,500 square feet (2,400 square feet) in the R-1 (Residential) Zone District on the following described real estate, to-wit: Lot 7, Block 2, Westridge, Fifth Filing, Weld County, Colorado WHEREAS, said applicants were represented by Glen Droegemueller, Attorney, 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 Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The Urban Growth Boundary Area section provides for the County to 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 City of Greeley. The Greeley Planning Commission recommended conditional approval of the requested use. PL0967 940751 &Y PL riteM. 4-u_yviv SPECIAL REVIEW PERMIT #1051 - QUINN PAGE 2 b. This proposal is consistent with the intent of the R-1 (Low- Density Residential) Zone District and is provided for as a Use by Special Review. c. The permitted uses will be compatible with the existing surrounding land uses; which include residences and vacant agricultural ground. The uses will be compatible with the future development of the surrounding area as permitted by the R-1 (Low-Density Residential) Zone District and as projected by the City of Greeley Comprehensive Plan. 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 Richert E. and Carol L. Quinn for a Site Specific Development Plan and Special Review Permit #1051 for an accessory building (horse barn) larger than 1,500 square feet (2, 400 square feet) in the R-1 (Residential) 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 the plat: a. The plat shall be amended to show reduced dimensions of the proposed barn to coincide with 2,400 square feet, as stated in the application materials. b. The applicant shall submit to the Department of Planning Services a plan approved by the West Greeley Soil Conservation District outlining grazing methods for the Use by Special Review site. 940751 SPECIAL REVIEW PERMIT #1051 - QUINN PAGE 3 c. The horse barn shall be relocated 20 feet to the northwest of the present location and no less than 30 feet from the east property line. 4. The temporary gravel road providing access to the Use by Special Review site (Lot 7) shall be abandoned at such time that subdivision improvements allowing public right-of-way access to the property are constructed. Within 60 days of the completion of public right-of- way access to the property, the gravel road shall be restored to its former condition. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of August, A.D. , 1994. �� BOARD OF COUNTY COMMISSIONERS ATTEST: ALW WELD COUNTY, COLORADO Weld County Clerk to the Board �� J biV it'?) Q.( / W. e ster, Cha'rman BY: g � Deputy Cler o the Bo a,„;,4_ Dale K Ha , Prom 41 APPRO AS TO FORM: -/� t- > /51.7e E! Baxter / Coun y Attorn y ance L. Harbert rb 2.426r arbara J. Kirkme er 940751 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS RICHERT E. AND CAROL L. QUINN USR #1051 1. The Site Specific Development Plan and Special Review Permit is for an accessory building (horse barn) larger than 1,500 square feet (2, 400 square feet) in the R-1 (Low-Density Residential) 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 applicants shall comply with all requirements as set forth in the Resolution between Weld County and the applicants regarding development of Lots 1 through 11, Westridge Subdivision, Fifth Filing, dated January 27, 1993. 4. No more than 10 horses shall be allowed on the applicants' property at any one time, in accordance with the January 27, 1993, Resolution. 5. The temporary gravel road providing access from 24th Street to the Use by Special Review site (Lot 7) shall be private. The applicant shall accept sole responsibility for maintenance of the road. 6. The plan approved for grazing methods shall be implemented and maintained on the Use by Special Review site. 7. 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. 8. The facility shall maintain compliance with the Colorado Animal Feeding Operations Control Regulations and Weld County Zoning Ordinance, Section 47. 9. The outdoor horse arena shall be for private use only. 10. A nonconforming use status shall not be created for the horse barn, located on Lot 7, by separately selling the barn from the dwelling which is located on Lot 8. 940751 DEVELOPMENT STANDARDS - QUINN PAGE 2 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 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. 17. The horse barn shall not be elevated above the present grade. 940751 HEARING CERTIFICATION DOCKET NO. 94-52 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN ACCESSORY BUILDING (HORSE BARN) LARGER THAN 1,500 SQUARE FEET (2, 400 SQUARE FEET) IN THE R-1 (RESIDENTIAL) ZONE DISTRICT - RICHERT E. AND CAROL L. QUINN A public hearing was conducted on August 10, 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, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated July 25, 1994, and duly published July 28, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of Richert E. and Carol L. Quinn for a Site Specific Development Plan and Special Review Permit for an accessory building (horse barn) larger than 1,500 square feet (2, 400 square feet) in the R-1 (Residential) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Gloria Dunn, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Glen Droegemueller, Attorney, represented the applicant and noted the Planning Commission's vote was unanimous; however, one issue was raised concerning the impact of the building on the neighbor, Mr. Pault, to the east. He explained the differences have been resolved and an accommodation has been reached including modification of the plat. The barn was originally to be located 10 feet from the common property line between Lots 7 and 8; however, it will be relocated to the northwest a minimum of 30 feet off the common property line so the building will not block Mr. Fault's view. Mr. Droegemueller noted that Mr. Pault also requested a Development Standard be added so the floor of the barn will not be raised above grade, and he stated the only grade increase would be to make the floor level. Ms. Dunn confirmed that Mr. Pault had withdrawn his objections and all problems have been resolved. In response to questions from the Board, Mr. Droegemueller stated the building would be 28 feet high and noted there is at least an 11-foot drop from the west edge of the barn to the south edge. He reiterated the barn would be at least 30 feet from the property line between Lots 7 and 8, which are both owned by the Quinns. No public testimony was offered concerning this matter. Ms. Dunn read the suggested language for Development Standard #17 as follows: "The horse barn shall not be elevated above the present grade. "; and for Condition of Approval 113c as follows: "The horse barn shall be relocated 20 feet to the northwest of the present location and no less than 30 feet from the east property line." Commissioner Harbert moved to approve the request of Richert E. and Carol L. Quinn for a Site Specific Development Plan and Special Review Permit for an accessory building (horse barn) larger than 1,500 square feet (2, 400 square feet) in the R-1 (Residential) 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 and the addition of Development Standard #17 and Condition of Approval 1f3c. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 940751 /77- RE: HEARING CERTIFICATION - QUINN PAGE 2 This Certification was approved on the 15th day of August, 1994. /� /�/,Jj APPROVED: ATTEST:/��, p / /�J��G� BOARD OF COUNTY COMMISSIONERS yy�� 7 7 WELD (i r OUNTY, C LORADO Weld County Clerk to/the Board � "��"`-' W. . Webster, C a'rm Deputy Cle k to the Bosasd.-S 1 Dale . Hall, r Te TAPE #94-32 rl eo e . Baxter DOCKET #94-52 Con tance L. Harbert PL0967 arbara J. Kirkmey r 940751 NOT I C E The Board of County Commissioners of Weld County, Colorado, on August 10, 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: Richert E. and Carol L. Quinn 3527 Range View Road Greeley, Colorado 80634 LEGAL DESCRIPTION: Lot 7, Block 2, Westridge, Fifth Filing, Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An accessory building (horse barn) larger than 1,500 square feet (2,400 square feet) in the R-1 (Residential) Zone District SIZE OF PARCEL: 3. 11 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD PUBLISHED: August 18, 1994, in the Windsor Beacon 9:40' 51 NOT IC F AFFIDAVIT OF PUBLICATION The Board of County Commissioners of Weld STATE OF COLORADO County,Cobrado,on August Ss 10, 1994, conditionally approved a Site Specific COUNTY OF WELD Development Plan and Special Re and putrpoa Permit r for the property I, ROGER A. UPKER, of said County of Weld, being duly described below.Conditional sworn,say that I am publisher of approval of this plan creates a vested property right pur- sued to Article cs of Tee 24, WINDSOR BEACON C.R.5.,as amended,for• period of three years. a weekly newspaper having a general circulation in said APPLICANT Richert E.and R Card L.Quinn 3527 Range �Cou and State, published in the town of WINDSOR, in View Road Greeley, said County and State; and that the notice, of which the Colorado 80634 annexed is a true copy, has been published in said weekly LEGAL DESCRIPTION: for / successive weeks, that the notice was Lot 7, Block 2, We published the regular and, Folk Filing, Weld County, in entireevery issue of number of Colorado the paper during the period and time of publication, and in TYPE AND INTENSITY OF the newspaper proper and not in a supplement, and that APPROVED USE:An acres- the first publication of said notice was in said paper bearing sory building (horse barn) the date of the /y feet r(2,400,400 guar square /tday of ( & , AD., 19-1 and the feet -I ( square feet) in / the DistrictI (geeidemiaq zen. last publication bearing the date of the day of A.D., 19_ and that SIZE OF. PARCEL: 3.11 the said WINDSOR BEACON has been published acres,more PR continuously and uninterruptedly for the period of 5 Failure conditions to of appr oval r abide by the tr vm a and consecutive weeks, in said County and State, prior to the F will rest in a forfeiture of date of first publication of said notice, and the same is a the vested properly right. newspaper within the meaning of an Act to regulate printing BOARD OF COUNTY COM- of legal notices and advertisements, approved May 18, WSIONERS WELD COUNTY, COL- 1931,and all prior acts so far as in force. ORADO r • BY: DONALD E.WARDEN CLERK TO THE BOARD HER BY: SHELLY K.MILLER h DEPUTY CLERK TO THEet BOARD Subsd and sworn to before me this a� Crib� day of Published In So Witabor %mon on August 15, /ri- 19 9 171 NOTARY PUBLIC My commission expires 9q Z• ( 99 6 9.40751 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial. Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board 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: 94-52 APPLICANT Richert E. and Carol L. Quinn 3527 Range View Road Greeley, Colorado 80634 DATE: August 10, 1994 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for an accessory building (horse barn) larger than 1,500 square feet (2,400 square feet) in the R-1 (Residential) Zone District LEGAL DESCRIPTION: Lot 7, Block 2, Westridge, Fifth Filing, Weld County, Colorado LOCATION: Approximately 300 feet south of the Greeley City limits, west of 65th Avenue and south of 24th Street 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: July 25, 1994 PUBLISHED: July 28, 1994, in the Windsor Beacon 940751 Lxh ;b' i i` AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, ROGER A. LIPKER, of said County of Weld, being duly sworn,say that I am publisher of County Centennial Center, WINDSOR BEACON 915 10th Street,First Floor, TIME:10:00 a.m. Greeley, Colorado, at the time specified. All persons in REQUEST: A Site Specific a weekly newspaper having a general circulation in said any manner interested in the Development Plan and Site Specific Development Special Review Permitter an County and State, published in the town of WINDSOR, in Plan and Special Review accessory building (horse Permit are requested to barn) larger than 1,500 said County and State; and that the notice, of which the attend and may be heard. square feet (2,400 square annexed is a true copy, has been published in said weekly feet)in the R-1 (Residential) Should the applicant or any Zone District for / successive weeks, that the notice was interested artc tl p the published in the regular and entire issue of every number of presence ofcourt a reporter LEGAL DESCRIPTION: Lot to make a record of the pro- 7, Block 2, Westridge, Fifth the paper during the period and time of publication, and in ceedings, in addition to the Filing, Weld County. taped record which will be Colorado the newspaper proper and not in a supplement, and that kept during the hearing,the Clerk to the Board shall be LOCATION: Approximately the first publication of said notice was in said paper bearing advised in writing of such 300 feet south of the Greeley the date of the action at least five days prior City limits, west of 65th to the hearing. The cost of Avenue and south of 24th 2 day of , A.D., 19 9 1 and the engaging a court reporter Street last ublfcation be In the date of the shall be borne by the P 9 requesting party. BOARD OF COUNTY COM- day 19 of A.D., _ _ and that MISSIONERS BE IT ALSO KNOWN that the said WINDSOR BEACON has been published the text and maps so certified WELD COUNTY, COL- by the Weld County Planning ORADO continuously and uninterruptedly for the period of 5 Commission in office may be exam- ined consecutive weeks, in said County and State, prior to the C m the of the Clerk BY:DONALD D.WARDEN to the Board of County WELD COUNTY CLERK TO date of first publication of said notice, and the same is a Commissioners, located in THE BOARD the Weld County Centennial newspaper within the meaning of an Act to regulate printing Center, 915 10th Street, BY: SHELLY K. MILLER, of legal notices and advertisements, approved May 18, Third Floor, Greeley, DEPUTY CLERK TO THE 9 Colorado. BOARD 1931, and all prior acts so far as in force. NOTICE DOCKET NO:94-52 DATED:July 25,1994 Pursuant to the zoning laws APPLICANT Richert E. and Published in the Windsor 6 of the State of Colorado and Carol L.Quinn,3527 Range Beacon on July 28,1994. /� the Weld County Zoning View Rd.,Greeley,Colorado o Ordinance. a public hearing 60634 ISHER will be held in the Chambers of the Board of County DATE:August 10,1994 Commissioners of Weld Subsbed and sworn to before me this %et - ^ day of County, Colorado, Weld August 10,1994 u C.(f 19 p p'-%y "et / / L-tom.=, ,,; NOTARY PUBLIC (- l• . My commission expires 1-cAt - -- ) / 940751 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-52, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. �� / DATED this ,�y day of 1994. RICHERT E. AND CAROL L. QUINN 3527 RANGE VIEW ROAD GREELEY, COLORADO 80634 NANCY M. CREWS 6480 24TH STREET GREELEY, CO 80634 JOEL AND JOYCE ROTHMAN 6615 WEST 26TH STREET GREELEY, CO 80634 JERROLD D. AND CYNTHIA L. PAULT 6525 WEST 26TH STREET GREELEY, CO 80634 STATE OF COLORADO 1313 SHERMAN STREET, SUITE 620 DENVER, CO 80203 GERRITY OIL AND GAS CORPORATION 4100 E. MISSISSIPPI AVENUE SUITE 1200 DENVER, CO 80222 GLEN DROEGEMUELLER, P.C. GREELEY NATIONAL BANK PLAZA SUITE 330 GREELEY, CO 80631 1 Deputy Clerk /to the Board 940751 MINUTES July 19, 1994 Page 2 Peggy Manino, representative for Roggen Telephone Cooperative Co. , stated they would like to have a storage building to cable and fiberthe ptics .0' s but hereyhwas an original structure on the property that was buildemolished that structure. Bud Clemons asked about the surrounding use ofhe the property. Peggy stated to the east there is an abandoned house, to rt there is a greenhouse, to the west there is an abandoned building, and to the south is the frontage road. The Chairperson asked if anyone in the audience would like to speak for or against the application. The Chairperson asked the applicant if she had read the staff recommendation and if she had any concerns or questions. Peggy Manino stated they had no concerns with the recommendation. Richard Kimmel moved Case Number USR-105 facility 0 for a a S te pecifpublic Deic velopm nto Plan e and a Special Review permit for a major building) be forwarded to h� r County Motion seconded by Bud lemons�ning Commissions' recommendation o approval. The Chairperson asked the secretary to poll the , Shirley of the Planning la yes, g Kimmel - Y Commission for their decision. Richard on Sommer - yes; Judy Yamaguchi - Juliette Kroekel - yes; Bud Clemons - yes; yes. Motion carried unanimously. CASE NUMBER: USR-1051 NAME: Richert E. and Carol L. Quinn ADDRESS: 3527 Range View Road, Greeley, CO 80634 REQUEST: A Site Specific Development Plan and a Special 1,500 Review permit eri feet for r4an accessory building (horse barn) larger 0 square feet) in the R-1 (Residential) Res dent id )ezone hsFiling, Weld County, LEGAL DESCRIPTION: Lot 7, Block 2, Westg Colorado. limits , west of LOCATION: Approximately 300 feet south of the Greeley city 65th Avenue and south of 24th Street. Glen Droegemueller, representative, stated the are inns'ow the elehomven olots n in t the e fifth filing of Westridge Subdivision. They building their would like to build a horse barn will be 48 feet in width for n more nand Lot the o he bend will arn will be 60 feet in length and one eet. The be 36 feet in width. The ridingl barn will not over be 2,400 tonal fuse. `fie barn will also have a g a ena. Th1 will just height of the building will be 28 feet. Discussion followed. The Chairperson asked if anyone in the audience would like to speak for or against the application. wns Jerry Pault, surrounding pd°perty ectly east owner,of this d he site. HisLmain5conc rn of str islthe ge Subdivision Fourth Filing, height of the building and its effect on his view of the mountains. The Chairperson asked the applicant if he had read the staff recommendation and if he had any concerns or questions. Glen Droegemueller stated they had no concerns with the recommendation. 940751 MINUTES July 19 , 1994 Page 3 Richard Kimmel moved that Case Number USR-1051 for a Site Specific Development Plan and a Special Review permit for an accessory building (horse barn) larger than 1,500 square feet (2, 400 square feet) in the R-1 (Residential) zone district be forwarded to the Board of County Commissioners with the Planning Commissions ' recommendation for approval. Motion seconded by Juliette Kroekel. Richard Kimmel stated: "I think if this motion is passed between now and the time it goes to the Commissioners maybe these two could get together and work a slight variation of where this is proposed. I see it is square. Maybe it could be turned sideways a little bit and still serve the purpose, because I too would have concerns about the height and how far it could be built above the original grace. The have and t would not maybeitproblem point could b worked out before concernthe Commissioners ot it" . The Chairperson asked the secretary to poll the ,members rs of the Planning Commission for their decision. Richard Kimmel Sommer - yes; Judy Yamaguchi sch - , - Juliette Kroekel - yes; Bud Clemons - y yes . Motion carried unanimously. Juliette Kroekel stated: "I hope you two can get together and work it out. I think it would be the best for both of you." Bud Clemons stated: "Staff could work with the applicant to maybe relocate the barn. You have 3 .11 acres of land there. I am sure that is not the only building site on that 3 acres. I think it is more important for the staff to work with the applicant than the adjacent land owner, but if staff is satisfied with the plot plan that they are willing to recommend to the Board of County Commissioners then that would meet my concerns. Ron Sommer stated: "I believe we are in process with the Comprehensive Plan. If we are going to have R-1 Low-Density Residential districts and we have 1,500 square feet regulations and we will have to turn around and have to do Special Review permits on bigger barns it should be something they should address ." Meeting adjourned at 2:34 p.m. Respectfully submitted, Becky Dittman Secretary 940751 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION r33 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS _ a :^a Moved by Richard Kimmel that the following resolution be introduced assage ir by the Weld County Planning Commission. Be it resolved by the Wro',1Commty !- O Planning Commission that the application for: _ E — , fin CASE NUMBER: USR-1051 NAME: Richert E. and Carol L. Quinn 'l El ADDRESS: 3527 Range View Road, Greeley, CO 80634 C� REQUEST: A Site Specific Development Plan and a Special Review permit fc:: an accessory building (horse barn) larger than 1,500 square feet (2,400 square feet) in the R-1 (Residential) zone district. LEGAL DESCRIPTION: Lot 7, Block 2, Westridge, Fifth Filing, Weld County, Colorado. LOCATION: Approximately 300 feet south of the Greeley city limits, west of 65th Avenue and south of 24th Street. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary area goals and policies. The Urban Growth Boundary area section provides for the County to 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 City of Greeley. The Greeley Planning commission recommended conditional approval of the requested use. - This proposal is consistent with the intent of the R-1 (Low-Density Residential) zone district and is provided for as a Use by Special Review. - The permitted uses will be compatible with the existing surrounding land-uses which include residences and vacant agricultural ground. The uses will be compatible with the future development of the surrounding area as permitted by the R-1 (Low-Density Residential) zone district and as projected by the City of Greeley Comprehensive Plan. - 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. .� f 1, 940' 51. RESOLUTION, USR-1051 Richert E. and Carol L. Quinn Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: A. The plat shall be amended to show reduced dimensions of the proposed barn to coincide with 2,400 square feet, as stated in the application materials. B. The applicant shall submit to the Department of Planning Services a plan approved by the West Greeley Soil Conservation District outlining grazing methods for the Use by Special Review site. 4. The temporary gravel road providing access to the Use by Special Review site (Lot 7) shall be abandoned at such time that subdivision improvements allowing public right-of-way access to the property are constructed. Within 60 days of the completion of public right-of-way access to the property, the gravel road shall be restored to its former condition. Motion seconded by Juliette Kroekel. VOTE: For Passage Against Passage Richard Kimmel Shirley Cameniech Juliette Kroekel Bud Clemons Ron Sommer Judy Yamaguchi The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 940751 RESOLUTION, USA-1051 Richert E. and Carol L. Quinn Page 3 CERTIFICATION OF COPY I, Becky Dittman, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, it a truce copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on July 19, 1994. Dated the 19th of July, 1994. Becky Dastman Secretary 9I0751 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Richert E. and Carol L. Quinn USR-1051 1. The Site Specific Development Plan and Special Review permit is for an accessory building (horse barn) larger than 1,500 square feet (2,400 square feet) in the R-1 (Low-Density Residential) 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 applicants shall comply with all requirements as set forth in the Resolution between Weld County and the applicants regarding development of Lots 1 through 11, Westridge Subdivision, Fifth Filing, dated January 27, 1993. 4. No more than 10 horses shall be allowed on the applicants' property at any one time, in accordance with the January 27, 1993, Resolution. 5. The temporary gravel road providing access from 24th Street to the Use by Special Review site (Lot 7) shall be private. The applicant shall accept sole responsibility for maintenance of the road. 6. The plan approved for grazing methods shall be implemented and maintained on the Use by Special Review site. 7. 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. 8. The facility shall maintain compliance with the Colorado Animal Feeding Operations Control Regulations and Weld County Zoning Ordinance, Section 47. 9. The outdoor horse arena shall be for private use only. 10. A nonconforming use status shall not be created for the horse barn, located on Lot 7, by separately selling the barn from the dwelling which is located on Lot 8. 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. 9109.51. DEVELOPMENT STANDARDS Richert E. and Carol L. Quinn USR-1051 Page 2 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940r51 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Richert E. and Carol L. Quinn Case Number: USR-1051 Submitted or Prepared Prior to Hearing At Hearin; 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. June 17, 1994 letter from Doris Biehl to Dr. Quinn X 12. June 29, 1994 referral from Weld County Public Works Department X 13. July 7, 1994 referral from Weld County Health Department X 14. July 7, 1994 referral from West Greeley Soil Conservation District X 15. July 5, 1994 referral from Weld County Building Inspection Department X 16. July 13, 1994 referral from Greeley Planning Department X 17. July 18, 1994 letter from Jerrold and Cynthia Pault X I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on July 22, 19 4. �Vb010,� YL�<1 .___._ G "�O Gloria Dun , Current Planner .•'� � � •• .J STATE OF COLORADO ) ?, / •l ' : y y COUNTY OF WELD ) ' I • • SUBSCRIBED AND SWORN TO BEFORE ME THIS a#911119- ay of `a. 19 . A y V N5,, n.nrninn. SEAL 4 n NOTAR PUBLIC ,S My Commission Expires . &J i in l . 9a 6'751 EXHIBIT INVENTORY CONTROL SHEET Case U5,C4i&J1 , � ILCYtry A /liu.i1t`t• .1C „,_ Exhibit Submitted By / Exhibit Description %AA• Pea., ,s2t�/ li/2li /7�0U D, � in itz, ethi ' '74/ B. "4/ C• 41-7f ti/IFU// (erin/ru%43 cn Cl)lA171/riall y !C Y.lev weg ��a5 D .()6, �a fz, oa,2 _ 1 () _) k E. F. C. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. DATE: July 19, 1994 CASE NUMBER: USR-1051 NAME: Richert E. and Carol L. Quinn ADDRESS: 3527 Range View Road, Greeley, CO 80634 REQUEST: A Site Specific Development Plan and a Special Review permit for an accessory building (horse barn) larger than 1,500 square feet (2,400 square feet) in the R-1 (Residential) zone district. LEGAL DESCRIPTION: Lot 7, Block 2, Westridge, Fifth Filing, Weld County, Colorado. LOCATION: Approximately 300 feet south of the Greeley city limits, west of 65th Avenue and south of 24th Street. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary area goals and policies. The Urban Growth Boundary area section provides for the County to 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 City of Greeley. The Greeley Planning Commission recommended conditional approval of the requested use. - This proposal is consistent with the intent of the R-1 (Low-Density Residential) zone district and is provided for as a Use by Special Review. - The permitted uses will be compatible with the existing surrounding land-uses which include residences and vacant agricultural ground. The uses will be compatible with the future development of the surrounding area as permitted by the R-1 (Low-Density Residential) zone district and as projected by the City of Greeley Comprehensive Plan. - 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 I rill f*M$$IT I i1 t RECOMMENDATION, USR-1051 Richert E. and Carol L. Quinn Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: A. The plat shall be amended to show reduced dimensions of the proposed barn to coincide with 2,400 square feet, as stated in the application materials. B. The applicant shall submit to the Department of Planning Services a plan approved by the West Greeley Soil Conservation District outlining grazing methods for the Use by Special Review site. 4. The temporary gravel road providing access to the Use by Special Review site (Lot 7) shall be abandoned at such time that subdivision improvements allowing public right-of-way access to the property are constructed. Within 60 days of the completion of public right-of-way access to the property, the gravel road shall be restored to its former condition. 940951 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Richert E. and Carol L. Quinn USR-1051 1. The Site Specific Development Plan and Special Review permit is for an accessory building (horse barn) larger than 1,500 square feet (2,400 square feet) in the R-1 (Low-Density Residential) 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 applicants shall comply with all requirements as set forth in the Resolution between Weld County and the applicants regarding development of Lots 1 through 11, Westridge Subdivision, Fifth Filing, dated January 27, 1993. 4. No more than 10 horses shall be allowed on the applicants' property at any one time, in accordance with the January 27, 1993, Resolution. 5. The temporary gravel road providing access from 24th Street to the Use by Special Review site (Lot 7) shall be private. The applicant shall accept sole responsibility for maintenance of the road. 6. The plan approved for grazing methods shall be implemented and maintained on the Use by Special Review site. 7. 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. 8. The facility shall maintain compliance with the Colorado Animal Feeding Operations Control Regulations and Weld County Zoning Ordinance, Section 47. 9. The outdoor horse arena shall be for private use only. 10. A nonconforming use status shall not be created for the horse barn, located on Lot 7, by separately selling the barn from the dwelling which is located on Lot 8. 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. 9407.51 DEVELOPMENT STANDARDS Richert E. and Carol L. Quinn USR-1051 Page 2 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of county Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940,51 re- a 4..,4 cyil \40 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • COLORADO Date: June 20, 1994 CASE NUMBER: USR-1051 TO WHOM IT MAY CONCERN: Enclosed is an application from Richard E. and Carol L. Quinn for a Site Specific Development Plan and a Special Review permit for an accessory building (horse barn) larger than 1500 square feet in the R-1 (Residential) zone district (Westridge Subdivision) . The parcel of land is described as Lot 7, Block 2, Westridge, Fifth Filing, in Section 16, T5N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 300 feet south of Greeley City limits, west of 65th Avenue and south of 24th Street. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 2, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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 dace, does/does not) comply with our Comprehensive Plan for the following reasons. //hunt, & ?L„,n:.7. G^,.,.....,.:-.. s•. 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: � �f Agency: �� i- aT!} u Date: G.t� 9 Y / jiJLJIi'�fil ,. ;. / I)441 y BIT \k1 JUL 1 : , 1 PLANNING COMMISSION SUMMARY ITEM: Weld County Referral for a Use by Special Review for an Accessory Structure Larger Than 1,500 Square Feet in an R-1 (Low-Density Residential) Zone LOCATION: West of 59th Avenue and South of 24th Street APPLICANTS: Richard E. and Carol L. Quinn PLANNING COMMISSION HEARING DATE: July 12, 1994 PLANNING COMMISSION FUNCTION: Make a recommendation to the Weld County Planning Commission on development conformance with the City of Greeley's Comprehensive Plan. PROJECT OVERVIEW AND BACKGROUND: The applicants propose to build a 2,400-square foot horse barn in the Westridge Subdivision which is zoned R-1 in Weld County. (See Attachments A, B, and C.) Because the barn is an accessory structure over 1,500 square feet, it must receive a special review permit from Weld County. The property is located adjacent to the Greeley city limits inside both the Mid-Range Expected Service Area (MRESA) and the Long-Range Expected Growth Area (LREGA). Therefore, by virtue of Section 19-7 of the Charter of the City of Greeley and the 1987 Weld County Comprehensive Plan policy of referring land-use proposals for review and comment to any jurisdiction within three miles of the site, or within a geographic area as predetermined between the City of Greeley and Weld County, the proposal is within the purview of the Greeley Comprehensive Plan. It is the practice of the City of Greeley Planning Commission to review Weld County requests principally for conformance with the City's Comprehensive Plan policies. Specific design issues are addressed only to the degree necessary to ensure consistency with the City's Comprehensive Plan and Zoning Code. The applicants are requesting a special review permit from Weld County so that they may build a 2,400-square foot horse and storage barn (Attachment C). They will not be conducting any commercial activity on the site such as breeding, training, or stabling of other horses. Weld County zoning allows unlimited accessory structures (including barns) of up to 1,500 square feet as accessory uses in subdivisions in residential zones. The proposed barn will be approximately 400 square feet smaller than the barn approved by the Greeley Planning Commission in December 1993 in a Weld County referral for Gary and Dorothy Bjorklund in the Westridge Subdivision at 5965 West 23rd Street. (See Attachment D.) The Bjorklunds had a total of 3.6 acres. 9 a -,t A development agreement between the applicants and the City of Greeley was approved on December 15, 1992 (Attachment E). The horse barn proposed by the applicant is similar to the barn discussed in the development agreement. SITE DATA: Total Acreage 40 Acres Total No. Lots in Subdivision 19 Total No. Lots in Block (Block 2) 11 Lots Under Development: Lot 7, Residential Structure 2.63 Acres Lot 8, Proposed Barn 3.10 Acres Total 5.63 Acres (Lots are adjacent to each other. Improvements include a four-stall horse barn with a tack room, feed and trailer storage, plus a horse run.) Other Accessory Structures 0 No. of Horses Proposed 6 (Maximum) No. of Horses Allowed (in Block 2) 11 Subdivision Westridge 4th Filing Water Supplier City of Greeley Land Uses of Adjoining Properties Vacant/Residential Zonings of Adjoining Properties See Attachment A (See also Attachments A and B.) KEY ISSUE: Does the request comply with the City of Greeley Comprehensive Plan? 'Normally, 22 horses would be allowed on Block 2; however, due to an agreement with Weld County, only 11 horses would be allowed in this block if all 11 lots are developed. Planning Comm. Summary 2 WCR/Quinn 65 940951 ANALYSIS: The Greeley Comprehensive Plan policies do not refer to Weld County referrals or accessory structures such as barns. There are, however, guidelines for all development. Therefore, the following applicable policy is presented: Comprehensive Plan Policy 4.3 All development is encouraged to be designed to promote compatibility among neighboring land uses of differing intensity and character. These efforts, where practical and appropriate, should include complementary landscaping, building massing, material selection, and site design. Staff Comment: The Westridge Subdivision was designed with the type of development proposed by the applicants in mind. The proposed development will be similar in size to the Bjorklund barn and corral which was approved by the Greeley and Weld County Planning Commissions in December 1993. A second issue of compatibility is that, as an accessory use, the barn generally does not promote compatibility because of its large mass. With an approximate 2,400-square foot footprint and up to two stories tall, the barn is clearly larger than most residences, even in the Westridge area. Even with another nine lots anticipated for development, the co-development of these two lots into one integrated lot of 5.6 acres will provide significant buffering of the structure. With regard to site design, the house is located on one parcel and the barn is located on a separate parcel. Since both lots are owned by the applicant, the separate lot lines are merged into one lot for the purpose of determining primary and accessory uses. Moreover, the two lots could not be sold for separate purposes because the barn must be an accessory structure. Therefore, the lots will always be tied together unless the barn becomes accessory to another adjacent residential structure and lot. PLANNING STAFF RECOMMENDATION: Approve the special review permit conditional upon the following: 1. The applicants shall be allowed to build and use the building as proposed; however, any significant additional use must return for approval. 2. There shall be no commercial or additional residential activity associated with the use of the barn structure unless approved by an amended special use permit. Planning Comm. Summary 3 WCR/Quinn 66 91,0'x.51 3. A nonconforming status will not be created for the barn such as by separately selling the barn from the house. ATTACHMENTS: Attachment A - Vicinity Map Attachment B - Site Map Attachment C - Applicant's Narrative Attachment D - Bjorklund Vicinity Map Attachment E - Quinn Annexation Agreement Planning Comm. Summary 4 WCR/Quinn 67 9307.5t Quinn Weld County Referral R, Attachment A I .../ o c3 i ° Bonfield for Kids II 9 , 9 9 10th Street— — �;16 I ,,,.._,.o. RI Mau II i PUD FR 4v, , .a.P POD i 1 d ~ I 3 ,.F 1 Covington Knolls 9 NE0A! n NE45 - HI 'c,( 1 PUD __ - - N PE A NE.... *EST 4NE1 Y pc R, ; City Limits MRESA h s ' \ I = I I 1 Ii Site --> R. I ' ` I / i N l .,..' i ≤I Wi � , I I.rztiq II . ' 1 � l, N ±LUSB34LREGA. -- 68 94071 July 18, 1994 a Department of Planning Services Weld County Administrative Offices ci\I JUL 1 u 1994 \I 1400 North 17th Avenue Greeley, CO 80631 '•0•--•'tiplaWa Attention Gloria Dunn Current Planner Subject: Case VSR-1051 Dear Gloria: I would like to request that the Site Specific Development Plan and Special Review Permit, case number VSR-1051 , proposed by Richert & Carol Quinn be denied, based upon the following information: 1 .) The Special Review Permit application narrative states that "the location of the barn in relationship to properties on the east is such that the barn is a minimum of 300 feet from any existing residence". This is not true. Our house is less than 150 feet from the proposed barn. 2.) The Quinns have falsely led the county staff to believe that there are no objections to their plans from the surrounding neighbors. The Special Review Permit application narrative states "...and the Quinns have consulted with the neighbors to the east, and it is the Quinns understanding those neighbors do not have any objection to the construction of the proposed horse barn." This is not true. The Quinns have never discussed their proposed plans with us, and we certainly do object. 3.) In accordance with information contained in the case file, the proposed barn is to be 30 foot tall above finish grade, which may be graded several feet higher than the existing natural grade. The proposed barn will be located broadside to our property so that our view of the mountains will be replaced by the backside of a 30 foot tall by 80 foot long horse barn, built on a finished grade potentially several feet above existing. 4.) The Quinns property is zoned R-1 and no accessory buildings larger than 1500 square feet are allowed. The proposed barn is approximately 3200 square feet, more than twice the allowable. Zoning restrictions are in place to protect the rights and property values of all residences within a community. Clearly, in lieu of the above, this Special Review Permit, as proposed, cannot be approved. EXHIBIT Department of Planning Services July 18, 1994 Page Two The Quinns have planned a beautiful home with adjoining horse property. However, it is beautiful for them, but not for their neighbors to the east. We would like to be good neighbors and ask that they reconsider the location of their proposed barn away from our beautiful view of the Rocky Mountains. In summary, we ask that the Weld County Planning Commission deny the request to grant a Special Review Permit for the Quinns, and provide a variance to allow construction of a barn more than twice the size allowed under the R-1 (residential) zone district, as it would create a direct and negative impact to our property immediately east and adjacent to the Quinns property. Sincerely Jerrold nd Cynthia Pault 6525 est 26th Street eley, CO 80634 (303)330-5734 Home Lot 25, West Ridge Fourth Filing, Weld County, Colorado /dlc jdp019.ltr 94®'X4' LAND-USE APPLICATION SUMMARY SHEET Date: July 12, 1994 CASE NUMBER: USR-1051 NAME: Richert E. and Carol L. Quinn ADDRESS: 3527 Range View Road, Greeley, Colorado 80634 REQUEST: A Site Specific Development Plan and a Special Review permit for an accessory structure (horse barn) greater than 1,500 square feet (2,400 square feet) in the R-1 (Low Density Residential) zone district. LEGAL DESCRIPTION: Lot 7, Block 2, Westridge Fifth Filing, Weld County, Colorado. LOCATION: Approximately 300 feet south of Greeley City limits; west of 65th Avenue and south of 24th Street. SIZE OF PARCEL: 3.11 acres, ± 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 applicants own Lots 1-11, Westridge Fifth Filing, which is approximately 40 acres in size. An agreement was entered into on January 27, 1993, between the applicants and Weld County. The agreement deals with building permits, use of a temporary gravel road for access to the property, and number of horses allowed. The agreement was recorded with the Clerk and Recorder's Office; a copy of it has been made a part of the application materials distributed at the July 7, 1994, Planning Commission Meeting. The reason for this Use by Special Review request is that the applicants wish to build the proposed horse barn (accessory structure) larger than 1,500 square feet. It was established in the before-mentioned agreement that the horse barn, classified as an accessory structure would be allowed as the primary use on Lot 7. As shown on the plat, Lot 8 will contain the applicants' residence. The Department of Planning Services has received referral responses form the following agencies: 1. Weld County Public Works Department. 2. Weld County Health Department. 3. West Greeley Soil Conservation District. 4. Weld County Building Inspection Department. 5. Greeley Water and Sewer Department. The Department of Planning Services has received one objection from a surrounding property owner. J • EXHIBIT ir -4 .10 tmAli aa' Lii4AaiUtU1994 CASE NUMBER: USR-1051 NAME: Richert E. and Carol L. Quinn ADDRESS: 3527 Range View Road, Greeley, CO 80634 REQUEST: A Site Specific Development Plan and a Special Review permit for an accessory building (horse barn) larger than 1,500 square feet (2,400 square feet) in the R-1 (Residential) zone district. LEGAL DESCRIPTION: Lot 7, Block 2, Westridge, Fifth Filing, Weld County, Colorado. LOCATION: Approximately 300 feet south of the Greeley city limits, west of 65th Avenue and south of 24th Street. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary area goals and policies. The Urban Growth Boundary area section provides for the County to 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 City of Greeley. - This proposal is consistent with the intent of the R-1 (Low-Density Residential) zone district and is provided for as a Use by Special Review. - The permitted uses will be compatible with the existing surrounding land-uses which include residences and vacant agricultural ground. The uses will be compatible with the future development of the surrounding area as permitted by the R-1 (Low-Density Residential) zone district and as projected by the City of Greeley Comprehensive Plan. - 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. 9409:51 RECOMMENDATION, USR-1051 Richert E. and Carol L. Quinn Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: A. The plat shall be amended to show reduced dimensions of the proposed barn to coincide with 2,400 square feet, as stated in the application materials. B. The applicant shall submit to the Department of Planning Services a plan approved by the West Greeley Soil Conservation District outlining grazing methods for the Use by Special Review site. 4. The temporary gravel road providing access to the Use by Special Review site (Lot 7) shall be abandoned at such time that subdivision improvements allowing public right-of-way access to the property are constructed. Within 60 days of the completion of public right-of-way access to the property, the gravel road shall be restored to its former condition. 940751 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Richert E. and Carol L. Quinn USR-1051 1. The Site Specific Development Plan and Special Review permit is for an accessory building (horse barn) larger than 1,500 square feet (2,400 square feet) in the R-1 (Low-Density Residential) 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 applicants shall comply with all requirements as set forth in the Resolution between Weld County and the applicants regarding development of Lots 1 through 11, Westridge Subdivision, Fifth Filing, dated January 27, 1993. 4. No more than 10 horses shall be allowed on the applicants' property at any one time, in accordance with the January 27, 1993, Resolution. 5. The temporary gravel road providing access from 24th Street to the Use by Special Review site (Lot 7) shall be private. The applicant shall accept sole responsibility for maintenance of the road. 6. The plan approved for grazing methods shall be implemented and maintained on the Use by Special Review site. 7. 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. 8. The facility shall maintain compliance with the Colorado Animal Feeding Operations Control Regulations and Weld County Zoning Ordinance, Section 47. 9. The outdoor horse arena shall be for private only. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 940751 DEVELOPMENT STANDARDS Richert E. and Carol L. Quinn USR-1051 Page 2 13. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 14. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940751 Pi i. . ]I r t' •M r I 11,: .),....iii �` . i,C" I. .e >O1 ` .., p f„ 'G 22 • ., L..A .•\ •9 �. .] R s N .1h � �.� . . i% �• I 82.C°.:::/;!,.°: _ . •� ••1. ° °°74,ilm wit, o�TH .� �� I P. .. (. , >e iq •Jame,Lake• :I " 4- • J20 0o'' ] A ]0• 9 •° i\` 26 •/ 26 1 2P 1421. ._. P� y� u,cg !SEVE 4NCM',.) 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E •rf is I. w. FIELD CHECK FILING NUMBER: USR-1051 DATE OF INSPECTION: July 8, 1994 APPLICANT'S NAME: Richert and Carol Quinn REQUEST: A Site Specific Development Plan and a Special Review permit for an accessory building (horse barn) larger than 1,500 square feet (2,400 square feet) in the R-1 (Low Density Residential) zone district. LEGAL DESCRIPTION: Lot 7, Block 2, Westridge, 5th Filing, Weld County, Colorado. LOCATION: Approximately 300 feet south of Greeley City limits; west of 65th Avenue and south of 24th Street. LAND USE: N Lot 1, (Quinn property) : vacant ground. E Single family residence. S Lot 8, (Quinn property) : single family residence. W Lot 6, (Quinn property) : vacant ground. ZONING: N R-1 (Low Density Residential) , Greeley City limits E A (Agricultural) , R-1 (Low Density Residential) S R-1 (Low Density Residential) , A (Agricultural) W R-1 (Low Density Residential) , A (Agricultural) COMMENTS: Present access to the site (Lot 7) is from a private gravel road which accesses 24th Street. Lot 7 is unimproved. Ground slopes down to the west. The Company Ditch borders the east property line. East of the ditch is Westridge Fourth filing, which is developed residentially. 61;1.. Gloria Dunn Current—Planner EXHIBIT O ' 411 , DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES lill ig C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, July 19, 1994, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Use by Special Review for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Richard E. and Carol L. Quinn LEGAL DESCRIPTION: Lot 7, Block 2, Westridge Fifth Filing, Section 16, T5N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: An accessory building (horse barn) larger than 1500 square feet in the R-1 (Residential) zone district (Westridge Fifth Filing) in Section 16, T5N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 300 feet south of Greeley City limits; west of 65th Avenue and south of 24th Street. SIZE: 3.11 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on July 19, 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 -Su To be published one (1) time by June '&3, 1994. Received by: Date: VaZ7/9 CF s EX(H+IiIt Th_ O'j. (es t DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 C. N.17TH AVENUE GREELEYEY, COLORADO 80631631 COLORADO CASE NUMBER: USR-1051 Date: June 20, 1994 TO WHOM IT MAY CONCERN: Enclosed is an application from Richard E. and Carol L. Quinn for a Site Specific Development Plan and a Special Review permit for an accessory building (horse barn) larger than 1500 square feet in the R-1 (Residential) zone district (Westridge Subdivision) . The parcel of land is described as Lot 7, Block 2, Westridge, Fifth Filing, in Section 16, T5N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 300 feet south of Greeley City limits, west of 65th Avenue and south of 24th Street. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 2, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1, We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 94075i REFERRAL LIST NAME: Richard and Carol Quinn CASE NUMBER: USR-1051 REFERRALS SENT: June 20, 1994 REFERRALS TO BE RECEIVED BY: July 2, 1994 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton Extension Service Broomfield Emergency Management Office __Dacono Sheriff's Office Eaton X Engineering _Erie Housing Authority _Evans Airport Authority Firestone X Building Inspection _Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey X Greeley Department of Health X City of Greeley Water & Sewer Department of Transportation _Hudson Historical Society _Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont Berthoud F-2 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 X Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 _Boulder Platte Valley F-14 Larimer Poudre Valley F-15 _Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corps of Engineers Windsor/Severance F-17 USDA-APHIS Veterinary Service _Federal Aviation Administration Wiggins Hil8 Federal Communication Commission Western Hills F-20 OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. Brighton Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission X Greeley X Westridge Water Users Assn. Longmont c/o Delbert Garsline West Adams 6019 W. 28th Street 4 { Greeley, CO 80634 COMMISSION/BOARD MEMBE' ',EXP. I$IT X Tom Rulon 1 p3 WATER & SEWER DEPARTMENT City Of '^: 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9812 .-Gre le t = ;-, ,.. June 17, 1994 Dr. Richert E. Quinn 1845 Homestead Road Greeley, CO 80631 Dear Dr. Quinn: • Covington Knolls, a new subdivision to the north of your property, has recently received City Council approval. This development is sufficient to require that certain provisions in your annexation agreement with the City be given consideration at this time. May I recommend that you coordinate any additional public improvements as identified in your annexation agreement with Covington Knolls. It has come to my attention that the as-built drawing for the water main constructed in 24th Street last summer has not been received. This matter was discussed with Mr. George Underwood via telephone today. Developers are responsible for submitting as-built drawings upon completion and acceptance of utility projects. The warranty period for this project will not commence until the as-built drawing has been received and verified by city inspectors. Please call me at 350-9810 if I be of any assistance. Sincerely, Doris Biehl Administrative Assistant pc: Glen Droegemueller, Esq. I� JUL 0 3 1994 11 -I I A_.,”tv Planning EXHIBIT 44,(ift MEMORAnDUM Gloria Dunn, Current Planner To Planning Date June 29. 1994 COLORADO From Donald Carroll 1 Subject: USA-1051 , Richard F and Carol T. Quinn For a site special development plan and a site review plan for an additional building: horsebarn larger than 1500 sq.ft. in the Rl residential zoning district West Ridge subdivision. The access to the property was covered in an agreement between Dr. Quinn and the County on January 27, 1993 , resolution and agreement are attached to the package. DC/fc:plan6 cc: Commissioner Kirkmeyer File USR-1051 III JUN 3 0 1994_4,7 IXHIBIT / . I �� mmoAnum rs ►� 0 � 1994 �' ti n� W ' ��J�f3i4^�[67o Wald County Planning Date Tilly 7, lQ9G COLORADO a' From Trewnr Ti ri rek Supart;icnr, En ,irotwnettt al arotertiot4SarviCa Subject: C=so Number: USR-1051 Nam& Quinn, Richert Section 16, Township 05 North, Range 66 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. 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. 2. The facility shall be in compliance with the Colorado Animal Feeding Operations Control Regulations and Weld County Zoning Ordinance, Section 47, prior to final approval of the proposed use. TJ/lam-2343 S EXHIBIT WEST GREELEY SOIL CONSERVATION DISTRICT 4302 WEST 9TH STREET ROAD GREELEY, COLORADO 80634 (303) 356-6506 July 7, 1994 Gloria Dunn Dept. of Planning Services Weld County Administrative Offices 1400 N. 17th Ave. Greeley, CO 80631 Ms. Dunn: The West Greeley Soil Conservation District has reviewed the Site Specific Development Plan, Case Number USR-1051 and has several concerns . We would like to ensure that the applicants are aware of and participate in proper manure disposal practices. There is a wetland to the south of the property and our concern is that concentrated waste runoff from the property could impact the area. We would like also to see that proper grazing methods are used to prevent soil erosion and noxious weed infestations . The district has staff available to assist landowners with these problems . Sincerely, Michael G. Shay District Manager 0 FiXTib JUI E.X,U IT f .,a„I as cf? 44,111 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 Ns EY, O ORAAVENUEO631 GREELEY, COLORADO80631 COLORADO Date: June 20, 1994 CASE NUMBER: USR-1051 TO WHOM IT MAY CONCERN: Enclosed is an application from Richard E. and Carol L. Quinn for a Site Specific Development Plan and a Special Review permit for an accessory building (horse barn) larger than 1500 square feet in the R-1 (Residential) zone district (Westridge Subdivision) . The parcel of land is described as Lot 7, Block 2, Westridge, Fifth Filing, in Section 16, T5N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 300 feet south of Greeley City limits, west of 65th Avenue and south of 24th Street. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 2, 1994, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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. X We have reviewed the request and find no conflicts with our interests. Mush" 6O .,o/i L, ifh N/G13C 0 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: t% � 't)J Agency: 4_Gbr Date: 7-S--q'f • 9.434• 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-1051 for Richert E. and Carol L. Quinn in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 24th day of June, 1994. -- -- CikajneC9. 91Or.j1 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/INTEREST OWNERS Richert E. and Carol L. Quinn USR-1051 Richert E. and Carol L. Quinn 3527 Range View Road Greeley, CO 80634 Nancy M. Crews 6480 24th Street Greeley, CO 80634 Joel and Joyce Rothman 6615 West 26th Street Greeley, CO 80634 Jerrold D. and Cynthia L. Pault 6525 West 26th Street Greeley, CO 80634 State of Colorado 1313 Sherman Street, Suite 620 Denver, CO 80203 Gerrity Oil and Gas Corporation 4100 E. Mississippi Avenue, Suite 1200 Denver, CO 80222 • EXHIBIT AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, Section 16, Lots 1 through 11 , Block 2, Fifth Filing of the Westridge Subdivision, being a part of the Southwest Quarter 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 8th day of June , l9j1g, WITNESS my hand and official seal. My Commission Expires: 12/19/96 (R�C t. a_kgss, Notra₹y Public PROPERTY OWNERS WITHIN 500 FEET Please print or type NAME MAILING ADDRESS CITY/STATE/ZIP CODE ASSESSOR'S PARCEL IDENTIFICATION '/ Richert E. and Carol L. Quinn. 3527 Range View Road Greeley, CO Rn63A CPVPra1 Nancy M. Crews. 6480 24th Street. Greeley. CO 8063A n9591 4nRnn1 Joel and Joyce Rothman, 6615 West 26th Street, Greeley, CO 80634 095916408002 Jerrold D. and Cynthia L. Pault, 6525 West 26th Street. Greeley.CO 80634 095916301002 USE BY SPECIAL REVIEW AFFIDAVIT OF INTEREST OWNERS MINERAL AND/OR SUBSURFACE ESTATE Application No. Subject Property: Township 5 North, Range 66 West, 6th P.M., Weld County, Colorado Section 16: Lots 1 through 11, Block 2, Fifth Filing of the Westridge Subdivision, being a part of the SW' STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, deposes and states that to the best of her knowledge the following is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the above described parcel of land as their names appear in the records of the Weld County Clerk and Recorder based on(i) the tract index of Transamerica Title Insurance Company of Greeley current through June 1, 1993 at 7:45 a.m.,and(ii)confirmation through the Colorado State Land Board Office obtained on June 3, 1994: Mineral Owners: State of Colorado 1313 Sherman Street, Suite 620 Denver, CO 80203 Oil & Gas Leasehold Owners: Gerrity Oil & Gas Corporation 4100 E. Mississippi Avenue, Suite 1200 Denver, CO 80222 /% t is . . Z n rtified Professional Landman#4044 Subscribed and sworn to before me this 3rd day of June, 1994. My commission expires: —?6 Nota ublic I 4ii&t DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N. ORAAVENUEO631 GREELEY, COLORAD080631 COLORADO DATE: June 24, 1994 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1051 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, July 19, 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: Richert E. and Carol L. Quinn FOR: A Site Specific Development Plan and a Special Review permit for an accessory building (horse barn) larger than 1500 square feet in the R-1 (Residential) zone district (Westridge Subdivision) . LEGAL DESCRIPTION: Lot 7, Block 2, Westridge 5th Filing in Section 16, T5N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 300 feet south of Greeley City limits; west of 65th Avenue and south of 24th Street. 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 Gloria Dunn, 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. rest, L.-%% DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140�r EY, ON. ORAAVENUEO631 GREELEY, COLORADO80631 COLORADO June 20, 1994 Richard E. and Carol L. Quinn 3527 Range View Road Greeley, CO 80634 Subject: USR-1051 - Request for a Site Specific Development Plan and a Special Review permit for an accessory building (horse barn) larger than 1500 square feet in the R-1 (Residential) zone district, Lot 7, Block 2, Westridge Fifth Filing, Section 16, T5N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Quinn: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for July 19, 1994, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that. you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Greeley Planning Commission for its review and comments. Please call the Greeley Planning Department at 350-9780, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Sometime prior to July 8, 1994, a representative from the Department of Planning Services will be out to the property to post a sign which identifies the hearing time, date, and location adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. r • EXN $ IT 9'US1 Richard E. and Carol L. Quinn June 20, 1994 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will he available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, '1A i Gloria Dunn current Planner pc: Glen Droegemueller 822 7th Street Greeley, CO 80631 9Q075.1 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: Lot 7, Block 2. Westridge Fifth Filing Section 16 T 5 N, R 66 W TOTAL ACREAGE 3. 11 PRESENT ZONE R-1 Single Family OVERLAY ZONE None PROPOSED USE Horse Barn SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Richert E. and Carol L. Quinn Address: 3527 Range View Road City/State/Zip: Greeley. CO R063a Home Telephone: (303)330-7198 Business Telephone: Name: Address: City/State/Zip: Home Telephone: Business Telephone: AlITICAND(titcAUTHORIZED AGENT (if different than above) : Name: Glen Droegemueller, Attorney at Law Address: 822 7th Street, Suite 330 City/State/Zip: Greeley, CO 80631 Home Telephone: Business Telephone: (303) 353-9599 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 ) _ L,(�: ¢ Cr ) ss. RiC 1' E. QUINN STATE OF COLORADO ) �Hr.ic.J CAROL L. QUINN Signature: Owner or Authorized Agent Cig^ Subscribed and sworn to before me this day of June 19 94 NOTARY PUBLIC My commission expires a (�� _ REVISED: March 1994 EXHIBIT It= 111 \ • \ \ F w - 3 9 €z 1� i I �. 3'. i Y :1 1 " i 1‘; • I ' I a n \ :la ' Y Y '^van y. 3: • Ali `_ �' o ,.:� ei >.., a� > ¢; x3 O i 'nn+ m — // /�Th 6 p Y ill 7. 6 6 f F._ 6. Y 6e -- - e c • I =C El °y6 ii‘ t a s 2e Ss '`¢ iE 3 -Y X ` !ii F ei 9 § Y:'e' 6:ak£ ti ill a;e 3i $ 'N . Y? Ee @' a II? k4 U. -! 3x a eY i %\\\ _ e sV S'Y I 2\ /7 �� ' 'a 7r` Nli ems,/ :i l / S'a�al c�u el, ,Z64 �� / ` N Be3'•k n \ y /� } 3 /4'�i < // \ \ VII \ N a „ =IA \ A l \ /e A J / ci: a 9 : t / a \ \ I 7 ai 940'751 NARRATIVE TO ACCOMPANY APPLICATION FOR USE BY SPECIAL REVIEW FOR DR. AND MRS. RICHERT E. QUINN Dr. and Mrs. Richert E. Quinn are the owners of Lots 1 through 11 of Block 2 of the Fifth Filing of the Westridge Subdivision, which is a part of the Southwest Quarter (SW',) of Section 16, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado. At the time of this application, the access to those 11 lots is from 24th Street, which is a developed road to the northeast corner of Lot 1 of the subdivision. As a result of earlier agreements between Weld County and the Quinns, the Quinns have been given permission to build a single-family residence on Lot 8 of Block 2 and a horse barn on Lot 7 of Block 2 without completing all of the subdivision street improvements shown on the Fifth Filing plat of the Westridge Subdivision. The Quinns have also obtained domestic water service from the City of Greeley to service both the horse barn and the single-family residence. The Quinns have also extended, in cooperation with the City of Greeley, an 8-inch water line and have installed a fire hydrant adjacent to Lot 1 of Block 2 to provide adequate water service in the event of a fire on either property. Fire protection is provided by the Milliken-Johnstown Fire District. The Quinns have also constructed a temporary private road across Lot 1 and Lot 7 to access Lot 8 to 24th Street and have agreed to maintain that private road. The need for Use by Special Review has arisen because the R-1 Low Density Residential District has an accessory use maximum of no larger than 1, 500 square feet per building. The horse barn the Quinns propose to build has an approximate square footage of 2, 400 square feet, which exceeds the accessory use limitation. As a result, this Use by Special Review Application is being filed to accommodate the larger barn. When constructed, the horse barn will accommodate four (4) horses, will have a tack room, a storage area for feed and an indoor storage for a tractor. The barn will also have four (4) horse runs connected to it. The balance of Lot 7 will have a fenced riding arena for utilization by the Quinns and their family. It is not the intent of the Quinns to engage in any commercial enterprise regarding the boarding or riding of horses, but rather to maintain the barn and riding arena for their own private use. It is also the Quinns' intent to not develop the remaining nine (9) lots in the subdivision and maintain the property in its present quasi-agricultural state rather than encourage residential development. The barn will be constructed as a pole barn with an innerseal lap siding exterior and will meet all building code requirements for an accessory structure. It is anticipated that water service to the barn will be provided by a domestic water tap that services not only the barn but the single-family residence on Lot 8. The Quinns have negotiated with the City of Greeley for two (2) 3/4" water taps, so there should be adequate domestic water service for both the barn and the single-family residence. 940751 Because the Quinns own the lots which adjoin Lot 7 and 8, there will be no effect to any property owner on the northern, western or southern sides of Lot 7. The location of the barn in relationship to properties on the east is such that the barn is a minimum of 300 feet from any existing residence. The aesthetics of the barn give the barn a residential appearance, and the Quinns have consulted with the neighbors to the east, and it is the Quinns' understanding those neighbors do not have any objection to the construction of the proposed horse barn. The Quinns do not anticipate installing a septic tank on Lot 7 to service the horse barn, and the Quinns have made adequate arrangements for the disposal of the manure generated by the horses. As previously mentioned, the Quinns have fenced the entire subdivision with boundary fencing and use the entire subdivision for their private use and grazing their horses, as well as riding the horses both inside the arena area to be constructed and on the remainder of the property. Such use is consistent with other single-family residences in the existing Westridge Subdivisions. It is the Quinns' impression the proposed Use by Special Review is consistent with other uses within the Westridge Subdivisions and has been supported by a majority of their neighbors. In a previous agreement with the County, the Quinns agreed that at no time would there be more than 11 horses on the property owned by the Quinns, and this Use by Special Review would not alter that agreement. At other points on the Quinn property, the Quinns have received permission from the County to build a horse shelter, which is approximately 56 feet long and 12 feet wide and has space for six (6) additional horses. That horse shelter is also served by domestic water service from the City of Greeley. It is the Quinns' belief this Use by Special Review is not inconsistent with similar uses in the Westridge Subdivision, and given the overall acreage controlled by the Quinns, there will be no negative effects to any adjoining neighbors. The need for the proposed horse barn and fenced riding area was an integral part of the Quinns' original decision to purchase the property because they could not find an adequate area to allow them to build both a house and horse barn which would given them the opportunity to be both adjacent to their horses and the City of Greeley. The attractiveness of the Westridge Subdivision is other people who enjoy the same activities as the Quinns have already located there with the only difference being that the Quinns were able to assemble an approximate 40-acre parcel to carry out their horse ownership activities. It is also the Quinns' belief that should the areas to the north, west and south of the Quinn property develop in a residential manner, the Quinn property, including Lot 7, could be the focal point of an equestrian subdivision in which the nine (9) remaining lots of the Westridge Fifth Filing, including the riding arena and horse barn to be built on Lot 7 , could be used as a shared ownership facility. If the remaining lots were to be developed, it would require the installation of the subdivision improvements shown upon the plat, but it would not diminish the Quinns' ownership interest or those of any new residential 940751 neighbors which built adjacent to the Quinn property. It is not the Quinns' intent to pursue such an equestrian subdivision, rather it is their intent to maintain an agricultural setting for themselves and their horses. Other than the development of the horse barn and the single-family residence and some minimal residential landscaping around the home, it is the Quinns' intent to maintain native landscaping in the balance of the property owned by the Quinns. It is the Quinns' belief the proposed Use by Special Review is not inconsistent with the comprehensive plan and is a moderate increase in square footage over what is normally allowed for an accessory building. The Quinns also believe the proposed Use by Special Review is consistent with existing surrounding land uses in the Westridge area and will not be at odds with present or future development which would take place to the north, south and west of the Quinn property. 940751 B 1368 REC 0231 01/28/93 16:16 ;5.00 ly_ F 1439 MARY ANN _.ERSTEIN CLERK & RECORDER WELD COI, CO ., AR23Y4&572 c -cWadlatiOnliteed Q e. THIS DEED is a conveyencn of the reel property deichbed belo%including any Improvements and other appurtenances phe "property")from the individual(s).cot poralion(s).partnership(s),or other*Mayon)nameeoelow as GRANTOR lode Indleldual(el or entity(In)named below as GRANTEE. The GRANTOR hereby sells and conveys the properly to the GRANTEE and the GRANTOR warrants the title to the property. except for Ili the lien of the general properly tun for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-wey shown of record Many patent reservations end exceptions(4)any outstanding mineral interests shown al record(S) any protective covenants and restrictions shown Of record,and(Many additional matters hown below under"Additional Warranty Exceptions", The Specific Tonne of This Deed Are: Grantor. (Give name(*)end Mace(*)of residence.a the spouse of the ownergrenim is pining in the Creed le relens hornateed name,Henley grantors as husband end wire I JOHN H. WACHSMANN, MARIA WACHSMANN, EWALD PATZER, MARIA FATHER, DICK STEELY, LOTTIE STEELY, NOEL E. DAVISSON AND SUSAN DAVISSON 2538 Abeyta Court Loveland, CO 80538 Grantee: (Give camel')and sddrneteel.slalemeet of&Odra,.including avertable road Or Street number,is required) ' RICHERT E. QUINN and CAROL L. QUINN 1845 Homestead Road Greeley, CO 80634 Farm of Co-Ownership: 111 mere are two or more granle!r nam&d.hey alit be commend to(Mau lenanla in Carman seers me worse-le loel tenancy'or words of the same meening we added in Me space below) In Joint Tenancy Propels prop Description: (inew*counts ace situ 1 t ;::E.1177277_21!1 TATS DOCUMENTARY FEE 1s. / agy Lots 1 through 11, inclusive, yp1E� I Block 2, ; /Q�_ 11 FiESTRIDCE FIFTH FILING, County of Weld, State of Colorado i Goy IJ-1 Property Address: Consideration: (The Statement ole n o dollar amount puonY p.edwle cona un n llon tonewill deed e presumed°Men this convefnceis f .r� a Vr ,de,te,ed en a gift ,n any cast this conveyance is absowle anal end uncondreonn) 3f 0(0 ONE HUNDRED FIVE THOUSAND AND NO/100 DOLLARS ($105,000.00) f< Revoraatlone-ReatNCilona: Ill Me GRANTOR intends to reserve any.eeeeee I in lab properly or convey less inn he owns OrlitheGRANTOR 7 D ,s raur nun('the GRANTEE'S right in the property.make appropriate mdicabon I n n O o Additional Warmly Exceptions: include deeds of trust being assumed and other metiers nol covered shore 1 n'O c 3 ° January 27 ei 93 Evecu:ad by Ina Grantor on __— '- ff3hynohoet►wr.4 Cwamvalus..?..i-rndy.,n)m..olFr' Si & r *e far dielduaye): rs /"." % ./6/ ., • i /y�y� � .. Joila . ac Tsm �' '' � is t ely Grantorl 7Jv..ic 4/ac//..a an�v.'r i3/ Marra Wachsmajrn Lotti •Steely T Grantor d✓ ct 1l,. vald atzer�� — _ f Art? . ¢ Si t— ,(g t/ , ,..-.:c (7— -,<'/i Noel./E. Davisson Grantor 'Maria Patzer -E ♦. /2./1i�ii �L%./l,-r%,„..¢A - _ 4ti STATE dr COLORADO 1 e, Susan Davisson $ 'COUNTYCP 'Weld ' Tire .Tap sex me t wee ac. Nog. .-rove m*this 8th slot December .ti 92 1 qy ar q' t NM olruci&kj 1pbjtih h/1 Maria Wachsmann.11 t Real r wy c;rj*syA'!se: March 7, )G STT-Tt OE:, JCOLORADO , 3 cc..,:,.T'Op WELD I its r -..n,h �rC.,em q,n was ra !Nsog.-�- u. rte . 18th My m n September . 92 5✓,y},pn, !ti-...-' Ewald Rtatzer and "'rig Patzer • q o( p ,vee gamor4lwlC t e.'panlon,Pertnerehrp or apocata Mon**nines rowan) ` N am vie eacr.taryw 0 of t.ecreury of eCroenn u p *nisi of perinsnh*n.or es amhorered mambadn o a 1 1/ w Jti.TA%F:54,30.Cf1{*drel c sl aaY ," ^ .•44.0 -.l,L)'C P .P Yen Kx �`vy�CV.!•u'1�i t i i r-.__. a_ - � • 'J1 PO One 10,5 Comm.Co,ovdo eoen (,.%'5211 A -. nn,a.I — /n 940751 1Y WATER & SEWER DEPARTMENT City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9812 Greeley June 9, 1994 Mr. Glen Droegemueller Attorney at Law 822 Seventh St., Suite 330 Greeley, CO 80631 RE: Quinn Agreement - Westridge, Fifth Filing Dear Mr. Droegemueller: The City of Greeley currently provides water service to 6524 24th Street Road, also known as Lot 8, Westridge, Fifth Filing. Agreements between the City of Greeley and the Quinns, which were finalized in 1992 and 1993, outline the provisions under which this service was approved. Copies of these two agreements are enclosed for reference. Please call me at 350-9810 if I can be of additional assistance. Sincerely, Doris Biehl Administrative Assistant Enclosures 940751 RESOLUTION RE: APPROVE AGREEMENT WITH DR. AND MRS. RICHERT E. QUINN FOR SINGLE-FAMILY RESIDENCE AND ACCESSORY BUILDINGS AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with they authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement between Dr. and Mrs. Ri..hert E. Quinn and Weld County, Colorado, for a single-family residence and accessory buildings, with the terms and conditions being as stated in said agreement, and WHEREAS, said property is described as Lots 1 through 11, Westridge Subdivision, Fifth Filing, Weld County, Colorado, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement between Dr. and Mrs. Richert E. Quinn and Weld County, Colorado, for a single-family residence and accessory buildings, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D. , 1993. ✓ ' // I BOARD OF COUNTY COMMISSIONERS ATTEST:�� , 4/ /V/GPI 1/ WELD COUNTY, COLORADO Weld County Clerk to the Board Constance L. Harbert, Chairman Deputy Clerk to the Boat._, W. H. ebster, PPPrroo-Tem �, APPROVED AS TO FORM: C c r Cc, is 4 rge . Baxt r (//0,44 County Attorney D(/all/�/e, K. Hall Barbara J. Kirkmeyer I 93O110 �/ /PA c_c_ p , ,tPP ti--oQ/„=U 940751 AGREEMENT THIS AGREEMENT, made and entered into this 2 i day of January, 1993 , by and between DR. and MRS. RICHERT E. QUINN of Greeley, Colorado (hereinafter referred to as "QUINN") and WELD COUNTY (hereinafter referred to as "COUNTY") . Background of Agreement The following information is provided as background to assist in determining the intent of the parties in entering into this Agreement. QUINN has an option to purchase Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision as shown on the attached "Exhibit A" if an agreement can be reached with the COUNTY regarding (1) building permits, (2) approval of a temporary gravel road, and (3) the number of horses that can be placed on any lot in that subdivision in accordance with existing County zoning ordinances. The subdivision, although platted as a subdivision in 1973 , has not been fully developed and remains agricultural in character. QUINN desires to build a single-family residence and a horse barn on Lots 7 and 8 of the filed subdivision plat. QUINN has entered into an agreement with the City of Greeley, Colorado, for domestic water service to service the property, as well as an agreement to annex the property to the City in the event certain development occurs to the north or west of the QUINN property or if QUINN makes a decision to annex to the City of Greeley. The original developer of the subdivision completed a raw water dedication to the City of Greeley by which the City agreed to provide 11-3/4" water taps in total to the subdivision (one for each lot) and to require no additional raw water dedications to the City so long as no amendment occurred of the subdivision plat as it was originally approved by the COUNTY. That agreement prevents any rezoning or replatting of the property without significant adverse financial impact to QUINN. QUINN desires to purchase the property and maintain the agricultural nature of such property without completing all of the subdivision improvement requirements that would be imposed by the COUNTY or the City if the property was developed for sale to third parties in accordance with the existing plat for the subdivision. QUINN further desires to retain the flexibility in the future to develop the full eleven (11) lots of the subdivision as previously platted in the COUNTY by completing those subdivision improvements shown on the plat or subdivision improvements that may be required by the City of Greeley in the event the property is annexed to the City. QUINN is also willing to construct and maintain a temporary gravel road from dedicated public streets to allow fire, police and personal access to the property. In order to obtain a building. permit for a single-family residence and an accessory building to be identified as the "horse barn" , QUINN is willing to enter into the following Agreement with the COUNTY regarding Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision. 940751 NOW, THEREFORE, THE PARTIES COVENANT, PROMISE AND AGREE AS FOLLOWS: 1. Agreement Regarding Building Residential Building Permits. QUINN agrees to request one (1) building permit for a single-family residence to be located on either Lot 7 or 8 of Block 2 of the Fifth Filing of the West Ridge Subdivision. QUINN agrees to apply for a building permit for a horse barn as an accessory building with the accessory building to be built on either Lot 7 or 8 , but not on the same lot as the single-family residence to be constructed by QUINN. QUINN further agrees not to request any additional building permits for single-family residential construction from the COUNTY unless or until all subdivision improvements shown on the subdivision plat for Block 2 of the Fifth Filing of the West Ridge Subdivision have been installed and completed in accordance with County subdivision requirements. QUINN agrees the request for the residential building permit will comply with the existing septic tank, setback requirements and building code requirements of the COUNTY. QUINN will be responsible for obtaining water, electrical, natural gas and any other utility services necessary to serve the property and that QUINN will have to meet all requirements imposed by the Milliken Fire Protection District for fire protection to the structures proposed to be built by QUINN. 2. Agreement Regarding Horses on the Property. Because the subdivision has not yet been completed and the property is essentially agricultural in character, the COUNTY agrees to allow QUINN to exceed the existing County requirement of two horses per lot in a residential subdivision. Both QUINN and the COUNTY agree that under no circumstances may QUINN have more than ten (10) horses on the property for any purpose at any time, which would be a violation of the existing County zoning ordinances. QUINN agrees that in the future, if any single-family building permit is issued within the subdivision (after the completion of all subdivision improvements while the property remains in the County) , QUINN will voluntarily reduce the number of horses maintained on the property QUINN then owns to the maximum number per lot then allowed by the County zoning ordinance in effect at that time. 3. Agreement Regarding Temporary Gravel Road. QUINN agrees to construct and maintain, at QUINN's expense, a temporary gravel road of a minimum fifteen foot (15 ' ) width from the existing public right-of-way, which is identified as 24th Street, to the proposed single-family residence and horse barn to allow public access to those properties without the construction of the proposed public streets as shown on the subdivision plat of Block 2 of the Fifth Filing of the West Ridge Subdivision. QUINN further agrees that upon the happening of any of the events referenced in the Annexation Agreement between the City of Greeley and QUINN or QUINN's own voluntary decision to complete the subdivision improvements shown on the filing plat of Block 2 of the Fifth 2 940751 Filing of the West Ridge Subdivision, QUINN shall then abandon the temporary gravel road and restore the property across which the temporary gravel road has been constructed to its former condition and utilize only public right-of-ways as access to and from QUINN's property. 4 . Agreement Regarding Accessory Structures for Animal Feeding and Hay Storage. The COUNTY and QUINN agree that QUINN, after compliance with County building permit procedures, can construct one (1) hay shelter and one (1) horse shelter and feeding structure at points to be determined by QUINN on Lots 1 through 6 or Lot 9 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision. The shelter/feeding structure shall be an open- ended building of approximately no more than twelve feet (12 ' ) in width and fifty-six feet (56 ' ) in length. The shelter/feeding structure will be served by electricity and water, and it shall be the obligation of QUINN to provide the appropriate proposed construction drawings to the COUNTY prior to obtaining the building permit. The hay shelter shall be an open-ended structure which shall be designed for the storage of hay on the property with the size to be determined by QUINN at the time of construction and with QUINN to provide the appropriate proposed constructions drawings to the COUNTY at the time of application for a building permit. QUINN acknowledges neither of these structures may be built until QUINN has complied with the appropriate building permit procedures of the County in force at the time QUINN elects to construct these accessory buildings. 5. Applicability of this Agreement to Successors and Assigns. The terms and conditions of this Agreement shall extend to and bind any heir, successor or assign who obtains title to Lots 7 and 8 of Block 2 of the Fifth Filing of the West Ridge Subdivision. 6. Recording/Amendment of Agreement. In order to insure the orderly development of the immediate proposed use of the property and the long-term proposed use of the property, both parties agree that this Agreement shall be recorded in the real estate records of the Clerk and Recorder of Weld County so the benefits and burdens assumed by both parties will become a matter of public record. Upon recording, this Agreement shall bind both parties, their heirs, successors and assigns. This Agreement may be amended only by a writing signed by both parties setting forth the terms of the amendment, and any such amendment shall not become effective until its recording with the Clerk and Recorder of Weld County, Colorado. 3 940751 IN WITNESS WHEREOF, the parties have executed this Agreement with the intent that it bind them as of the date set forth herein. A' IES WELD COUNTY r/4//IJ WELD G::i,...I . GLi� \RD , ( Li__ DEiFUT( CLER K TO THE COA p By '' /, cj�ol�9 61e / �� RICHERT E. QUINN CAROB, QUINN ' ‘ 4 940751 II B is i?. . u! Ii I 4. yl • if°- [ .3 ' ( , O ti 1:3_ - = a. i tih ' •-I- aFa .; i '_v ,i . 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III la 1 9 i G s�I</ -r .s M'. �• • �. �._r s N.L. AMENDMENT TO AGREEMENT BETWEEN DR. AND MRS. RICHERT E. QUINN AND THE CITY OF GREELEY, COLORADO THIS FIRST AMENDMENT, made and entered into this 7th day of September , 1993 , by DR. AND MRS. RICHERT E. QUINN of Greeley, Colorado (hereinafter referred to as "QUINN") and the CITY OF GREELEY, COLORADO (hereinafter referred to as "CITY") . Background of First Amendment In December of 1992 , QUINN and the CITY entered into an Agreement regarding domestic water service for Lots 7 and 8 in Block 2 of the Fifth Filing of the Westridge Subdivision. That Agreement was subsequently recorded on January 29, 1993, in Book 1368 under Reception No. 02319984 of the Real Estate Records of the Clerk and Recorder of Weld County. Paragraph 6 of that Agreement required that any Amendment be reduced to writing and recorded between the parties. Subsequent to the recording of the Agreement, QUINN has made minor adjustments in the location of water services as they were described in the original Agreement and has abandoned the intent stated in the original Agreement of building a caretaker' s apartment above a horse barn which was described in the original Agreement. It is the intent of both parties to record this First Amendment in order to clarify the original Agreement between them and to avoid any possible conclusion that the actions of QUINN should be viewed as a violation of the original Agreement which would allow the disruption of water service or complete annexation of the property to the CITY. NOW, THEREFORE, THE PARTIES COVENANT, PROMISE, AND AGREE AS FOLLOWS: 1. Revised Agreement Regarding Domestic Water Service. The provisions of original Paragraphs 1 and 4 of the Agreement dated December 15, 1992 , between the same parties are supplemented as follows. Both parties acknowledge that QUINN still intends to build a residential home and a horse barn on Lots 7 and 8 of Block 2 of the Fifth Filing of the Westridge Subdivision. In addition, QUINN has built a temporary weather shelter and horse drinking trough on Lot 1 of Block 2 of the Westridge Fifth Filing and has caused a private water line to be laid across Lot 1 to service the drinking trough. QUINN has paid for and received from the CITY one 3/4-inch water tap which has been placed on the northern boundary 9451 of Lot 1 of Block 2 of the Westridge Fifth Filing Subdivision and has informed the CITY that QUINN intends to service the horse drinking trough and either a private residence or permanent horse barn with this water tap until such time as the entire subdivision improvements are built. QUINN and the CITY agree that for purposes of administration of water taps, the CITY has assigned the tap that QUINN has purchased to Lot 8 of Block 2 of the Fifth Filing of the Westridge Subdivision. Both the CITY and QUINN acknowledge the present servicing of a horse drinking trough from the existing 3/4-inch tap which has been purchased by QUINN shall not be viewed as a violation of the December 15, 1992 Agreement between QUINN and the CITY regarding domestic water service. Both QUINN and the CITY acknowledge that QUINN still has the right under the December 15, 1992 Agreement to request a second 3/4-inch tap from the CITY upon payment of the appropriate fees for the issuance of that tap without that request being deemed a violation of the existing Agreement between the parties. If QUINN exercises the right reserved to acquire a second 3/4-inch tap from the CITY, QUINN shall have the opportunity to designate that the second 3/4-inch tap shall be allocated either to Lot 1 or Lot 7 in Block 2 of the Fifth Filing of the Westridge Subdivision, and the request and allocation shall not be deemed a violation of the December 15, 1992 Agreement between the parties. In the event QUINN does not request an additional tap from the CITY prior to the completion of subdivision improvements for the entire Block 2 of Westridge Fifth Filing, then QUINN affirms that QUINN will disclose to any third-party purchaser that although a water service exists on the north boundary of Lot 1, no water service will be made available to any purchaser of Lot 1 until a water tap and all appropriate fees have been paid to the CITY to provide for independent service to the lot. The CITY affirms to QUINN that in the event no additional 3/4-inch taps are applied for by QUINN prior to the development of the balance of the lots in Block 2 of the Westridge Fifth Filing, QUINN shall be allowed to receive a tap from the CITY for Lot 8 in the front right of way of Lot 8 without paying an additional tap fee, provided however that QUINN agrees and acknowledges that QUINN shall be responsible for the cost of installation of a meter at the front of Lot 8 at the time QUINN requests a transfer from the existing meter location in front of Lot 1 to the front of Lot 8. Both parties acknowledge that the changes made by QUINN involve incidental nonresidential consumption for a horse drinking trough and do not change the basic intent of the December 15, 1992 , Agreement in which the CITY committed to provide two 3/4-inch taps to QUINN for domestic use to Lots 7 and 8 in Block 2 of the Westridge Fifth Filing Subdivision. Both parties further acknowledge that beyond the clarifications stated in this First Amendment, it is their intent that the provisions of the 2 91101 December 15, 1992, Agreement between them continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement with the intent that it bind them as of the date set forth herein. REVIEWED AS TO LEGAL FORM: THE CITY OF GREELEY, COLORADO I / CITY ATTORNEY MAYOR APPROVED AS TO SUBSTANCE: ATTEST: By: L 6E BY: CITY MANAGER CITY CLERK glad- COWA21 RICHERT E. QUINN CARL /LiA4t12- 940'7 . AR23199b4 B 1368 R. '02319984 01/29/93 16:1= $35 .00 1/007 F 1720 MARY ANN FEUERSTEIN CLERK & AL-ORDER WELD CO, CO AGREEMENT THIS AGREEMENT, made and entered into this 15th day of December , 1992, by and between DR. and MRS . RICHERT E. QUINN of Greeley, Colorado (hereinafter referred to as "QUINN") and THE CITY OF GREELEY, COLORADO (hereinafter referred to as "CITY") . Background of Agreement The following information is provided as background to assist in determining the intent of the parties in entering into this Agreement. QUINN is willing to purchase Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision as shown on the attached "Exhibit A" , which is located in Weld County, Colorado, if QUINN can obtain domestic water service from the CITY. The property (hereinafter defined in this Agreement as "the subject property") is bounded on the north by undeveloped property which has been annexed to the City of Greeley. QUINN desires to build a single-family residence and a horse barn with a caretaker' s apartment above the barn on Lots 7 and 8 of the subdivision. The CITY is the only supplier of domestic water which can service those lots. The CITY and QUINN agree annexation and subdivision of the subject property within the CITY is premature as of the date of this Agreement. The original subdivider of the subject property in the County completed a raw water dedication regarding these lots in 1973 , and the CITY, in return for that raw water dedication, agreed to provide eleven (11) 3/4" water taps in total to the subdivision (one for each lot) and to require no additional raw water dedications to the CITY so long as no amendment occurred of the subdivision plat as it was originally approved by the County. QUINN desires to purchase the subject property and maintain the agricultural nature of the subject property without completing all of the subdivision requirements that would be imposed by the County or the CITY if the property was developed for sale to third parties in accordance with the existing plat for the subdivision. QUINN further desires to retain the flexibility in the future to develop the full eleven (11) lots of the subdivision as previously platted in the County but understands if any replatting of the subdivision occurs, additional raw water dedication requirements to the CITY will have to be met. Both the CITY and QUINN anticipate growth will occur in or near this real property at some time in the future, and both parties are concerned about the orderly development of this subdivision. In order to allow QUINN the benefit of the proposed present use as well as retain the opportunity for additional development of the subject property as a residential subdivision, the parties are willing to enter into a future annexation agreement on the terms and conditions described below. 940751 B 1368 REC 02 4984 01/29/93 16 : 13 4 .00 2/007 F 1721 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO NOW, THEREFORE, THE PARTIES COVENANT, PROMISE AND AGREE AS FOLLOWS: 1. Agreement Regarding Domestic Water Service. QUINN agrees to request an exception from the Greeley City Council for domestic water service from Resolution No. 58-1983 and agrees to pay those charges enforced for outside City of Greeley domestic water delivery and for tap fees for no more than two (2) 3/4" taps to service Lots 7 and 8 within the subdivision. QUINN also agrees to extend, at QUINN's expense, an 8" water line along the northern boundary of the subject property being purchased to a point which is adjacent to the common boundary line separating Lots 1 and 2 within the subdivision which has been determined to be, after consultation with the Milliken Fire Protection District, an appropriate point of termination without jeopardizing necessary pressure to provide adequate water pressure for fire protection for structures built on Lots 7 and 8 . QUINN further agrees: (1) that any extension of the 8" line will take place within 24th Street to a point at which the water taps are made from that 8" line; (2) any maintenance of the water lines that are connected to the water main extension shall be QUINN' s responsibility for whatever period of time they are used; and (3) no additional requests for 3/4" taps will be made to the CITY unless and until all subdivision improvements necessary for the issuance of a building permit have been completed and the subject property has been annexed to the City of Greeley as described herein. 2 . Agreement Regarding Annexation. QUINN agrees that in return for the water service provided by the CITY to Lots 7 and 8 (described in Paragraph 1) , that QUINN will agree to annex this subject property to the City of Greeley upon the happening of one of the following events: a) At such time QUINN feels annexation is appropriate and when QUINN is willing to complete all necessary subdivision improvements in accordance with existing CITY codes at the time of the annexation to allow building permits to be issued on any lot within Lot 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision; or b) At the request of the CITY if property to the west or south or east requests annexation to the CITY and the CITY determines annexation of the QUINN property is in the best interests of the CITY; or c) The property to the north of QUINN submits a subdivision proposal to the CITY which requires the construction of 24th Street or any portion of 24th Street as presently platted. Both QUINN and the CITY acknowledge that if annexation is required by virtue of this condition, it shall not require a completion of subdivision improvements other than the completion of the water main extension to the 2 940151 B 1368 REC 02.. 9984 01/29/93 16:13 $35.00 3/007 F 1722 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO western boundary of the QUINN property and the completion of street improvements for 24th Street. In the event the CITY receives any subdivision proposal for property to the north or west of the QUINN property which requires a replatting of 24th Street to allow for development of property to the north or west of the QUINN property, both the CITY and QUINN agree that such replatting shall not allow the CITY to request any additional raw water dedication from QUINN as a result of the replatting. It is understood by both the CITY and QUINN that in the event replatting is accomplished to allow development of either one of those parcels, the benefits received by the CITY from such development shall outweigh the necessity of requiring additional raw water dedications from QUINN as a result of the replat of a portion of the QUINN property, it being understood the replat has not been initiated by QUINN . but rather by the CITY and property owners to the north and/or west of QUINN. d) At the request of the CITY if the subject property becomes an enclave, as that term is defined in C.R.S. §31-12-103 , and the CITY chooses to exercise the right granted to it by C.R.S. §31-12-106 regarding the annexation of enclaves. e) At the request of the CITY if QUINN transfers title to any lot within the subdivision other than Lots 7 or 8 to any other person or entity who is not a related party to QUINN. The term "related party" , for purposes of this Agreement, shall be defined to mean the son or daughter of QUINN or any person who is married to the son or daughter of QUINN. In addition to the requirement for annexation, the CITY may also require that any nonrelated party who takes title from QUINN complete all subdivision improvements necessary as required by CITY codes in existence at that time for the balance of the subdivision. Regardless of which of the above-described events leads to the annexation of the QUINN property, QUINN agrees that QUINN, or any successor or assign of QUINN, shall comply with all City codes and ordinances which may affect the property at the time of the annexation and shall not attempt to argue that the date of this Agreement shall be controlling for any purpose other than the understanding recited in 2 (c) regarding raw water dedications or in the event QUINN annexes voluntarily, there shall be no additional raw water dedication if the present lot configuration of Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision does not change when it is annexed to the City. 3 . Zoning of Property upon Annexation. The City Council agrees that it will consider single-family residential zoning, or its equivalent, once annexation to the City of Greeley occurs; however, this Agreement shall not bind the City of Greeley to such 3 940751 B 1368 REC C 19984 01/29/93 16: 13 . .s5 .00 4/007 F 1723 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO zoning. QUINN agrees to use the subject property in a manner which is consistent with single-family residential use as defined in the present zoning ordinance of the City of Greeley and also agrees not to establish or conduct any nonresidential uses on the subject property prior to its annexation to the City of Greeley. It is understood that the plat which will be submitted in support of the zoning of the property shall be a plat which is identical to the subdivision plat that has been previously approved by Weld County in 1973 . Should QUINN desire to request any other zoning on the property or desire to replat the property in any way (other than in conjunction with a request for replatting to accommodate the CITY and property owners to the north or west of the QUINN property) , such replatting shall require QUINN to meet the raw water dedication requirements then being enforced by the CITY, provided, however, QUINN shall be given credit by the CITY for any raw water dedications completed by any predecessor in title to QUINN. 4 . Completion of Subdivision Improvements. a) Water Line/Fire Hydrant Improvements. QUINN agrees to complete a portion of the water main extension in proposed 24th Street prior to the granting of any building permit by Weld County as those requirements are set forth in Paragraph 1 of this Agreement. Any water main extension shall be in accordance with CITY standards as shall the actual taps by QUINN for Lots 7 and 8 . The taps for Lots 7 and 8 will initially occur on the common northern boundary of Lots 1 and 2 adjacent to 24th Street at a point which has been determined by QUINN and the Milliken Fire Protection District. At such time as the remaining subdivision improvements are completed, QUINN agrees to, at QUINN's expense, place water taps in the completed public street adjacent to Lots 7 and 8 at points to be determined at that time and to abandon the private water line which had been constructed by QUINN from the initial tap on the common northern boundary of Lots 1 and 2 . QUINN agrees to contact the owner of the property to the north of the subject property and to attempt to negotiate a ten foot (10 ' ) easement on the property to the north of QUINN to allow for the construction of the water main at a point which would be in the center of the 80 ' right-of-way for proposed 24th Street. Should there be any cost for obtaining the easement, that cost shall be the responsibility of QUINN and not the CITY. In the event such easement for placement of the water main cannot be negotiated with the owner of the property to the north, the CITY agrees to allow the construction of the water main within the existing 40 ' right-of-way that QUINN will own shown as 24th Street. QUINN agrees to provide the CITY with an easement for access to maintain the water main until such time as the QUINN property is annexed to the City of Greeley and 24th Street is dedicated as a public road and right-of-way. If the water main extension in 24th Street is not completed to the western boundary of the QUINN property at 4 940751 B 1368 REC 02. ..i984 01/29/93 16 : 13 $ x .00 5/007 • F 1724 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO the time of the issuance of building permits for the QUINN residence and horse barn, then QUINN agrees to complete the water main extension and fire hydrant requirements imposed by the CITY at such time as QUINN requests annexation to the City of Greeley or the properties to the north or west of the QUINN property begin the construction of subdivision improvements for which the City of Greeley is obligated to provide water service. If water mains and fire hydrants have not been completed within the West Ridge Fifth Filing as a result of the circumstances described in this section, then QUINN agrees to complete all water main extensions and fire hydrant requirements prior to the time QUINN or any successor-in- interest in title seeks to apply for a building permit for the construction of a single-family residence on any of the other nine (9) lots remaining in the subdivision, with that request being directed either to the CITY or Weld County. At such time as any water line extension is initiated by QUINN as described herein, QUINN agrees to abide by all of the rules, regulations, design and construction specifications and ordinances of the City of Greeley, Colorado, pertaining to the use of said water as completely as if the real property were located within the corporate limits of the City of Greeley. During such time as the QUINN property remains outside the City of Greeley, QUINN agrees to hold the City harmless for interruptions in water service or delivery and QUINN agrees to accept the City water at the pressure as delivered in the distribution grid owned by the CITY; and if in the delivery of water there is excessive pressure that would cause damage to the property of QUINN, then QUINN agrees to furnish and install any necessary regulators; or if additional pressure is needed, QUINN agrees to furnish at QUINN' s expense any auxiliary pumps necessary to provide pressure to the QUINN property. b) Street Improvements. 1) QUINN and the CITY agree that in order to allow the usage of Lots 7 and 8 while those lots remain in the County, the CITY shall not require any street improvements (as shown upon the existing subdivision plat) to be completed. 2) In the event (1) QUINN desires to develop any of the remaining residential sites within the subdivision or (2) if development of the property to the north or west of the QUINN property occurs and those areas are both annexed and subdivided within the City of Greeley, and the CITY deems it necessary to build 24th Street as a collector street, then QUINN agrees to pay QUINN's proportionate share of the cost of construction of 24th Street which may include but need not be limited to the construction of curbs, gutters, storm drainage, sidewalks 5 940751 • B 1368 REC 023 )84 01/29/93 16 :13 $S_ .00 6/007 F 1725 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO and street paving of one-half (1) of 24th Street as well as the full cost of curbs, gutters, storm drainage, sidewalks and street paving for 24th Street Road. 5. Other Utility Services. QUINN understands in order to construct a single-family residence and horse barn facility on Lots 7 and 8, QUINN shall have the responsibility for obtaining these utility services from each provider and agrees to comply with the terms and conditions imposed by each provider in return for the those services. QUINN shall be responsible for providing electrical service, natural gas service, telephone service and cable television service to Lots 7 and 8 within existing utility easements shown on the subdivision plat for the Fifth Filing of the West Ridge Subdivision. At such time as QUINN or any successor-in- interest develops any of the nine (9) remaining lots within the subdivision, it is understood that it shall be that party' s responsibility to provide these utility services to the property and the CITY assumes no responsibility for the delivery of those services to the remaining nine (9) lots. 6. Recording/Amendment of Agreement. In order to ensure the orderly development of the immediate proposed use of the property and the long-term proposed use of the property, both parties agree this Agreement should be recorded in the real estate records of the Clerk and Recorder of Weld County so the benefits and burdens assumed by both parties will become a matter of public record. Upon recording, this Agreement shall bind both parties, their heirs, executors and assigns. This Agreement may be amended only by a writing signed by both parties setting forth the terms of the amendment, and any such amendment shall not become effective until recorded with the Clerk and Recorder of Weld County, Colorado. IN WITNESS WHEREOF, the parties have executed this Agreement with the intent that it bind them as of the date set forth herein. REVIEWED AS TO LEGAL FORM: THE CITY OF GREELEY, COLORADO CITY Y Mayor a : .a APPROVED AS TO SUBSTANCE Attest: : • iv By: Li A • n TY MANAGER City C rk - .J� c s� k� RIOHERT E. QUINN C L QUIRN 6 940751 Hello