The URL can be used to link to this page

Browse Search

Home My WebLink About900611 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A RECREATIONAL FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - DANIEL OCHSNER AND BARRY PAYANT 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 11th day of July, 1990 , at the hour of 10: 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Daniel Ochsner and Barry Payant, 2888 Bluff Street #186 , Boulder, Colorado 80302 , for a Site Specific Development Plan and Special Review Permit for a recreational facility in the A (Agricultural) Zone District on the following described real estate , to-wit: Part of the NEI , Section 31 , part of the SEi , Section 30 , and part of the SW* , Section 29 , all in Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicants were represented by John Meininger, 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, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4. 2 of the Weld County Zoning Ordinance as follows: PL0779 900611 pi- 0779 Page 2 RE: USR - OCHSNER AND PAYANT a. This proposal is located within the urban growth boundary area of the Towns o£ Evans and La Salle and the City of Greeley, and is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Area Goals and Policies. Representatives from the Town of LaSalle and the City of Greeley have indicated that the proposal can conform with their desires, provided certain conditions are met. These conditions are addressed in the attached Conditions of Approval and Development Standards. b. The proposal is consistent with the Open Space, Parks , and Recreation section of the Weld County Comprehensive Plan. c. The proposal is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. d. The proposed use will be compatible with the existing surrounding land uses which include agricultural production, U.S . Highway 85 , and the South Platte River. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District. e. The Special Review Permit site is located in the 100-year floodplain. The Special Review Permit Development Standards and Conditions of Approval address the Overlay District requirements. No other overlay districts affect the site. f. Special Review Permit Development Standards provide adequate protection of the health, safety, and welfare of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a recreational facility in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions : 900611 Page 3 RE: USR - OCHSNER AND PAYANT 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 office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2 . Prior to recording the Use by Special Review plat: a. The plat shall be amended to show an accurate legal description of the proposed site. The camping, river sports, rafting, and picnic facilities shall be removed as proposed uses. b. The applicants shall submit a letter to the Department of Planning Services ' staff indicating they agree to voluntarily close the recreational facility and vacate the Special Review Permit should the proposed access route from weld County Road 394 and private drive (old Highway 85) no longer be available for the Special Review Permit area. c. The applicants shall submit a plan for access road maintenance and traffic control. The plan shall be submitted to and approved by the Department of Planning Services. The plan shall include fencing of the access road. d. The application materials shall be amended to show all dwellings located on the Special Review Permit area are not to be used as an income source but, shall be used by persons directly related to the Special Review activity. e. All waste, junk, used or second-hand materials and derelict vehicles that constitute a noncommercial junkyard shall be removed from the property. 3. Prior to the proposed Use by Special Review operation beginning the following shall be met: a. A Subdivision Exemption application shall be submitted to the Department of Planning Services for the southern property boundary exchange. 900611 Page 4 RE: USR - OCHSNER AND PAYANT b. The facility shall be in compliance with the Colorado Department of Health' s Guidelines for Feedlot Runoff Containment. Verification of compliance shall be submitted to the Department of Planning Services ' staff. c. The owners/applicants shall obtain from the Weld County Building Inspection Department all applicable building permits for the mobile home and the barn. d. The owners/applicants shall obtain a Contract with the Central Colorado Water Conservancy District to replace water depletions and supply a copy of that Contract to the Department of Planning Services and to the State Engineer, Division of Water Resources. e. The owners/applicants shall provide to the Department of Planning Services and to the State Engineer, Division of Water Resources documentation of installation of the required flow meters on both Moody Well Numbers 1 and 3 . f. If required, an air emission permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. g. A memo shall be submitted to the Department of Planning Services ' staff stating approval from the La Salle Fire Department on the fire safety devices to be installed in the hay and grain storage area. h. The owners/applicants shall supply to the Department of Planning Services ' staff written evidence that the oil wells located on the proposed site are in compliance with the guidelines of the Oil and Gas Conservation Commission. This shall include, but not be limited to, fencing the existing wells on site and the installation of automatic shut-off valves on each well located within 150 feet of a residence. i. A fence or barricade shall be installed to prevent access onto or from U.S. Highway 85. 900611 Page 5 RE: USR - OCHSNER AND PAYANT 4 . No additional building or electrical permits shall 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' s Office. 5. The existing septic systems for the mobile homes are required to be reviewed by a Colorado Registered Professional Engineer. A copy of that review shall be submitted to the Weld County Health Department before the required I.S.D.S. evaluation can be performed. 6 . An I.S.D.S. evaluation on all existing septic systems shall be necessary prior to issuing the required septic permits on the existing systems. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D. , 1990 . BOARD OF COUNTY COMMISSIONERS ATTEST /� WE OUN/QTY, COLORADO Weld C unt^y CClerk to the Board �I e,Wut Gene R. Brantner,, Chairman ` BY: [3l`C-�r < - - c�dc �,! Ge ge Ken dy, `Pr�em Deputy Clerk to `the Board —,17.1_/, e C-?5y�/ d 4 � �: - APPROVED AS TO FORM: onstance L. Harl5er EXCUSED DATE OF SIGNING - (AYE) C.W. Kirby County Attorney EXCUSED DATE OF SIGNING - (AYE) Gordon E. Lacy 900611 DEVELOPMENT STANDARDS DANIEL OCHSNER AND BARRY PAYANT 1. The Site Specific Development Plan and Special Review Permit is for a recreational facility including horse and cattle events: (e.g. roping, cutting, barrel racing, riding trails, training) , as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The facility may be operated until 10 : 00 p.m. , and the arena lights must be off by 10 : 30 p.m. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. A Flood Hazard Development Permit shall be required for any new construction or substantial improvements of existing structures in the Floodway or Floodprone District located on the site. 4. The applicants shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to 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. 5 . Waste oil, waste paints, stains, treatments, spent drug containers, empty livestock dip containers, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and ground water contamination. 6 . No permanent disposal of wastes shall be permitted at this site. 7 . Wood shavings , sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential conditions. 8 . Fugitive dust shall be confined on this site. 9 . All pumps, pits, and oil and gas production facilities shall be adequately fenced to prevent trespassing. Gates to the enclosures are to be locked at all times except when operators are present. The fences shall be constructed to the satisfaction of the Colorado Oil and Gas Conservation Commi s s ion. 900611 Page 2 RE: DEVELOPMENT STANDARDS - OCHSNER AND PAYANT 10 . The fire safety prevention devices approved by the La Salle Fire Department for the grain and hay storage area shall be maintained at all times. 11. The access route to the Special Review activity shall be from Weld County Road 394 via the private drive (old U.S. Highway 85) . A fence or barricade shall be maintained at all times, to prevent access onto or from U.S. Highway 85. 12 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 14 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 15 . Personnel from the Weld County Health Department, Weld County Department of Planning Services , La Salle Fire Protection Department, and the State Oil and Gas Conservation Commission 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. 16 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 1? . 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. 900611 HEARING CERTIFICATION DOCKET NO. 90-22 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A RECREATIONAL FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - DANIEL OCHSNER AND BARRY PAYANT A public hearing was conducted on July 11, 1990, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry The following business was transacted: I hereby certify that pursuant to a notice dated June 11, 1990, and duly published June 14, 1990, in The New News, a public hearing was conducted to consider a Site Specific Development Plan and Special Review Permit for a recreational facility in the A (Agricultural) Zone District for Daniel Ochsner and Barry Payant. Lee D. Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. She said this recommendation is based upon six Conditions and seventeen Development Standards. Daniel Ochsner, one of the applicants, came forward to ask for approval of this request. Chairman Brantner asked questions about the access to this property. Commissioner Lacy asked if the derilect vehicles on the property have been removed. Commissioner Kennedy said they have. Ms. Curry said according to Condition #2, said property will be inspected. Commissioner Lacy asked questions about the Contract of August 18, 1988, concerning access to old U.S. Highway 85 and Weld County Road 394 and the letter stating that said Contract was rescinded. Mr. Morrision explained the Contract. Mr. Ochsner said the Contract is in effect, but they may have to go to Court to settle that matter. Mr. Ochsner said, if approved, he will abandon his Special Review Permit, if the Contract is not effective. John Meininger, Attorney, was present to represent the applicants. Mr. Meininger said that the access would be exclusively dependent upon Weld County Road 394, and the easement rights will not be affected. Chairman Brantner asked how participants would get north of the river. Mr. Ochsner said they would have to ride across on horses because there is no road. Mr. Ochsner stated that the request for camping, river sports, rafting, and picnic facilities has been withdrawn. Chairman Brantner stated his parents own land adjacent to the proposed facilities property and asked if there would be any conflict with him participating in said hearing. There was no protest, and Mr. Morrison said the hearing could proceed. Chairman Brantner asked questions about access east of U.S. Highway 85, mobile homes and vehicles on said property, and shooting taking place. Mr. Ochsner said he was not aware of the shooting. Commissioner Lacy asked questions about the mobile homes. Mr. Ochsner said he will remove the two singles and replace them with doubles. Ms. Curry stated that there are five dwelling units, and they cannot be rented because that would be considered a non-conforming use. Ms. Curry said the Division of Water Resources is handling the domestic water supply which is a well. Mr. Morrison read the Development Standard concerning the abandonment of a private road and said the County has no maintenance regulations for private roads. Chairman Brantner suggested a Condition be added concerning the maintenance of the road in case of accidents. Keith Schuett, Planning Department representative, came forward to further 900611 Page 2 RE: CERTIFICATION - OCHSNER AND PAYANT explain the use of the houses other than the mobile homes. He said the rental of said houses would not be allowed as an income source and would create a Change in Use. Mr. Morrison stated the publication of the Notice for this hearing did not alert rentals, and a Change of Use of non-conformaing uses cannot legally be approved with rentals unless published. Chet Hays, surrounding property owner, said he and his sister own old U.S. Highway 85, which Mr. Ochsner is using as access to his property. Mr. Hays also stated that the above mentioned Contract is only a Purchase Agreement. He also had complaints about the parking and horses on his property. (Tape #90-29) Mr. Meininger clarified some of the aforementioned points at this time. Mr. Ochsner said he is buying an easement and land for access and additional parking. Mr. Morrison told the applicant that he could amend his application to include Change of Use of non-conforming use, if he so chooses. Let the record reflect there was a five-minute recess at this time. Mr. Meininger suggested they proceed with the hearing and address the housing issue at a later date. Mr. Ochsner said he is making improvements to this property. Mr. Morrison questioned if the Moody property, is under judicial foreclosure at this time. William Crews, agent for Eddy Oil Company, came forward and stated that said foreclosure was not yet resolved at 4:30 p.m. yesterday, July 10, 1990. Mr. Crews asked if Eddy Oil Company's rights and roads are going to be affected by this Permit. Mr. Morrison read the Development Standard concerning the fencing of well site facilities. Mr. Ochsner stated the Permit would have no effect on the rights or roads to Eddy Oil Company's facilities; the access will not change; and he will pay for the fence if necessary. Development Standard #9 will be amended to include the following: "The fences shall be constructed to the satisfaction of the Colorado Oil and Gas Conservation Commission. There was discussion as to whether Chairman Brantner has any interest in the wells on the proposed facilities property. It was concluded by Mr. Crews and Mr. Morrison that he does not. John Warren, surrounding property owner, said he purchased property from Mr. Hays and lives in the house on the southeast corner of Road 394 and old U.S. Highway 85. He had complaints about the traffic, dust, trash, parking, safety of children, and trespassers on farmland. He also stated the Purchase Agreement is not a Contract. He questioned why Mr. Ochsner did not hear the shooting if he lives in the area. Mr. Warren said the lights are on every night, and there are cars speeding on the access road. Mr. Ochsner said that a vehicle pulling a trailer would not be speeding, and at this time the gate is closed to the property. Commissioner Kennedy moved to approve the request for a Site Specific Development Plan and Special Review Permit, subject to the amendment of Development Standard #9; the Contract being ineffective will result in the abandonment of the Permit; and the Conditions and Development Standards contained in the Planning Commission's recommendation. Commissioner Lacy seconded the motion. Ms. Curry clarified the fact that the houses may be rented until the plat is recorded without being in violation. Chairman Brantner said he would like to add a Condition concerning the maintenance of the access road. Ms. Curry read the Condition into the record as follows: "The applicant shall submit a plan for access road maintenance and traffic control. The plan shall be submitted to and approved by the Department of Planning Services. The plan shall include fencing of the access road." Commissioner Kirby said he thinks hours of operation should also be a condition, and all lights should be off by 10:30 p.m. This will be added to Development Standard #1. Commissioners Kennedy and Lacy agreed to amend the motion with the above stated Conditions and Development Standards. On a roll call vote, the motion passed three to two with Commissioners Harbert and Brantner voting nay. 900611 Page 3 RE: CERTIFICATION - OCHSNER AND PAYANT This Certification was approved on the 16th day of July, 1990. APPROVED: ^/) /�� V "i BOARD F COUNTY COMMISSIONERS ATTEST: �j� �/(/ Ln WELD TY, COLORADO Weld County Clerk to the Board .(%/y, dyay) - --- Gene R. Brantne!!r//, Chairman ,By: Ls7/L7/�Ii_ �,L-- Cco.� sel _ y eputy Clerk to t$e Board Gee ge Kennefly, Pro-Tem -10-",72471:i � '] 'G ` /:: -15q#1-1-A4r Constance L. Harbert EXCUSED DATE OF APPROVAL (AYE) C.W. Kirby EXCUSED DATE OF APPROVAL (AYE) Gordon E. Lacy TAPE #90-28 and #90-29 DOCKET #90-22 PL0779 900611 PUBLIC NOTICE The Beard of_ .. Com itiedaners of W County eld County, Colorado, on July 11, IMO edd approv Plane Review eritf mille prcelooperty Review Permitfor the . rC�payn�dido lr appp eehd iirfitlefpra alt hree yyea. y14tl a-96 ri 3�rder LEGAL DESCRIPTION: Part of the NE I/4 d 31, part of the SE1/4 of 35, and part of the SWI/4�m Y3 an In Towmhip 5 North, AS West of ,a the 6th P.M., W Comb, AND a A�(.�turraltb) Zone SIZE OF PARCEL: 55 acres, • more or lase Failure�W(s�by the terms and result in a ff�L�� of the rated (� BO rY1�a.¢�iONE�RB 1..... .. WELD COUNTY,COLOMinim 4 BY: DONALD D. wARni WELD COUNTY THE 1R TO fOARD BY: thetl� Deuub _ New�News.B� JWy 15, I�WO�1n'1L8 _`I/1 _......._..... i si a /4d.. 9( Cap ^:7 P1 rrr r.. n'4 r. {}� p. n • lAW OFFICES T }-G 11- HOLITCHENS, HOUTCHENS AND DANIEL !�„' 1r'P 1007 NINTH AVENUE S.ROBERT HOUTCHENS BARNARD HOUTCHENS ; GREELEY.COLORADO 80631-4094 191]-1989 JOHN B.HOUTCHENS RODGER I.HOUTCHENS JERRY G DANIEL 1921-1988 KIM ROBERT HOUTCHENS THOMAS A.HOUTCHENS TELEPHONE (AREA CODE 3031 GREELEV 353-9195 DALLAS D.GREEN FIELD D EENF DA . R METRO DENVER 571 0052 HARD K FAX 353-0151 June 28, 1990 Mr. Keith Schuett Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE: USR PERMIT APPLICATION NO. 878 Dear Mr. Schuett: We represent Chester T. Hays and Ronalda V. Neilson, the owners of some real property lying north of the Latham Ditch in Section 31, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado. We are advised that Daniel Lee Ochsner and Barry J. Payant have filed the subject application and have included our client' s land in the application. The purpose of this letter is to advise you that our clients still own legal title to the subject property. It is true that they contracted with Mr. Ochsner and Mr. Payant to sell them the property by contract dated August 18, 1988 . However, when it became apparent to our clients that there was a mutual mistake of a material fact with respect to the amount of land involved, the contract was rescinded. It is, therefore, our clients ' position that the contract is no longer valid or binding and is of no force and effect . Any use or attempted use of the subject property by Mr. Payant or Mr. Ochsner constitutes a trespass. Very truly yours, <. /John B. Houtchens JBH/tb xc: Chester Hays P. O. Box 8 or a� Johnstown, CO 80531 „,. a: , a. Ronalda Neilson 18862 WCR 394 LaSalle, CO 80645 JUN p 9 1990 Weld Ca. Glatleft a,rlrniu,ssiu, cc �'_<X��ibI f June 15. 399E WELD COUNTY PLANNING AND ZONING �-'•�'- CENTENNIAL CENTER 915 1OTH STREET GREELEY, CO Dear Sir: As concerned residents in the area of U .S. Highway 85 and Weld County Road S94, we would like to take this opportunity to protest the planned zoning change for the rodeo area at U.S. Highway 85 and the Platte River . There are many reasons for this protest and all are based on past experiences with the current property owners previous rodeo arena escapades: * breach of real estate contract * failure to pay surveyor for land survey of September 1988 * trespassing on private land * unauthorized use of a private road * allowing unauthorized grazing of animals on private land * allowing horses and cattle to wander and damage crops (some of the cattle were never captured) * allowing spectators to trespass on surrounding property * heavy traffic in the area with constant stop sign violations and excessive speed, careless, and reckless driving in the area * excessive noise until unusually late hours by spectators and the public address system (usually until one or two a.m. ) * bright arena lights on until the early morning hours * significant quantities of dust drifting into houses * littering in the area * unauthorized posting of signs on county and state right of ways * strong manure smell in the area and manure on the roads We ask that you deny the proposed zoning change as these abuses will continue to affront society and especially our neighborhood. Thank you for you concern in this matter. .47eL "7'47 j r 71)ellnj ft: rJUN 2 6 1950 111.— weld a ' CL• ,.:tou ulX:SUM ,....xii/B/7 a SUMMARY OP THE WELD COUNTY PLANNING COMMISSION MEETING June 5, 1990 A regular meeting of the Weld County Planning Commission was held on June 5, 1990, in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Ernie Ross at 10:06 a.m. Tape 373 • Bud Halldorson Present Ann Garrison Absent - Jerry Burnett Absent LeAnn Reid Absent Rick Iverson Present Judy Yamaguchi Present Bud Clemons Present Jerry Kiefer Present Ernie Ross Present A quorum was present. Also present: Keith Schuett, Current Planner, Lanell Curry, Current Planner, Lae Morrison, Assistant County Attorney, and Bobbie Good, Secretary. The summary of the last regular meeting of the Wald County Planning Commission held on May 15, 1990, was approved as distributed. CASE NUMBER: USR-878 APPLICANT: Daniel Ochsner and Barry Payant REQUEST: A Site Specific Development Plan and Special Review permit for a recreational facility. LEGAL DESCRIPTION: Part of the NE} of Section 31, part of the SE} of Section 30, and part of the SW} of Section 29, all in T5N, R65W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 700 feet south of the Town of Evans, approximately 2.100 feet north of the Town of La Salle, west and east of U.S. Highway 85, and north of Wald County Road 394. APPEARANCE: Dan Oschner, co-applicant, stated they would like to have an arena for outdoor rodeo team events during the warm weather months, a horse training facility, and a stable for boarding horses. There is an exiting arena, but they have not held any events because they have been waiting approval of ingress, egress arrangements and the Special Review permit. The Chairman called for discussion from the audience. There was pq none. fs� A Summary of the Weld County Planning. Commission June 5, 1990 Page 2 The Chairman asked the applicants if they had reviewed the recommendation of the Department of Planning Services' staff. They had not and the Chairman allowed them time to do so. Thay expressed concerns regarding Condition 2, item 3. The houses and the mobile home, to his knowledge, have always been a source of income, and they would like to continua renting. However, in order to take advantage of this year's season they would like the Special Use permit acted on today, and if it is approved by the Planning Commission and the Board of County Commissioners they will come back for an amendment to rent out the dwellings. The Chairman asked Keith to read the recommendation of the Department of Planning Services' staff into the record. MOTION: Jerry Kiefer moved Case Number IISR-878 for Daniel Ochsner and Barry Payant for a Site Specific Development Plan and a Special Review permit for a recreation facility be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation presented by the Department of Planning Services' staff and the testimony of the applicant. Motion seconded by Rick Iverson. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bud Halldorson - yes; Judy Yamaguchi - yes; Rick Iverson - yes; - Bud Clemons - yes; Jerry Kiefer - yes; Ernie Ross - yes. Motion carried unanimously. CASE NUMBER: Amended IISR-735 • APPLICANT: Joy A. Jefferson REQUEST: A Site Specific Development Plan and Amended Special Review permit for a livestock confinement operation (1,500 cattle) , horse boarding and training facility (150 head) , and tack and feed store. LEGAL DESCRIPTION: Part of the SE} of Section 32, T7N, R67W of the 6th P.M., Weld County, Colorado LOCATION: West of Highway 257, north of Weld County Road 74; adjacent to the Town of Windsor. APPEARANCE: Scott Jefferson represented the applicant. He stated he manages and operates this farm for his mother. They want to build up the property to (Wit WEI r) 1 ouNTv dn0BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIvNf (�! 1 --p Ply 22 RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERCLax TO 7F{� gnr.l r, Moved by Jerry Kiefer that the following resolution be introduced passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-878 NAME: Daniel Ochsner and Barry Payant ADDRESS: 2888 Bluff Street #186, Boulder, CO 80302 REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility located in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the NEi of Section 31 , part of the SE} of Section 30, and part of the SW$ of Section 29 all in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 700 feet south of The Town of Evans and approximately 2, 100 feet north of the Town of La Salle, west and east of U.S. Highway 85 and north of Weld County Road 394. 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 Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is located within the urban growth boundary area of the Towns of Evans and La Salle and the City of Greeley, and is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. A representative from the Town of LaSalle and the City of Greeley has indicated that the proposal can conform with its desires, provided certain conditions are met. These conditions are addressed in the attached conditions of approval and development standards. - The proposal is consistent with the Open Space, Parks, and Recreation section of the Weld County Comprehensive Plan. Policy number 3 of this section encourages the location of parks, recreational areas, and open space in flood plains, seep areas, geological fault areas, and nonproductive agricultural areas. 9( ('3i � EA hi bit B USR-878 Daniel Ochsner and Barry Payant Page 2 - The proposal is consistent with the intent of the A (Agricultural) zone district and is provided for as a use by special review. - The proposed use will be compatible with the existing surrounding land uses which include agricultural production, U.S. Highway 85, and the South Platte River. The use will be compatible with the future development of the surrounding area as permitted by the agricultural zone district. - The special review permit site is located in the 100-year floodplain. The special review development standards and conditions of approval address the overlay district requirements. No other overlay districts affect the site. - Special Review permit development standards provide adequate protection of the health, safety, and welfare of the neighborhood and the County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. 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 office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2. Prior to recording the use by special review plat: - The plat shall be amended to show an accurate legal description of the proposed site. The camping, river sports, rafting, and picnic facilities shall be removed as proposed uses. - The applicant shall submit a letter to the Department of Planning Services' staff indicating he agrees to voluntarily close the recreational facility and vacate the Special Review permit should the proposed access route from Weld County Road 394 and private drive (old Highway 85) is no longer available for the Special Review permit area. 4?P USR-878 Daniel Ochsner and Barry Payant Page 3 The application materials shall be amended to show all dwellings located on the Special Review permit area are not to be used as an income source but, shall be used by persons directly related to the Special Review activity. - All waste, junk, used or second-hand materials and derelict vehicles that constitutes a noncommercial junkyard shall be removed from the property. 3. Prior to the proposed Use by Special Review operation beginning the following shall be met: - A Subdivision Exemption application shall be submitted to the Department of Planning Services for the southern property boundary exchange. The facility shall be in compliance with the Colorado Department of Health's Guidelines for Feedlot Runoff Contain- ment. Verification of compliance shall be submitted to the Department of Planning Services' staff. - The owner/applicant shall obtain from the Weld County Building Inspection Department all applicable building permits for the mobile home and the barn. - The owner/applicant shall obtain a contract with the Central Colorado Water Conservancy District to replace water depletions and supply a copy of that contract to the Department of Planning Services and to the State Engineer, Division of Water Resources. - The owner/applicant shall provide to the Department of Planning Services and to the State Engineer, Division of Water Resources documentation of installation of the required flow meters on both Moody Well Numbers 1 and 3. - If required, an air emission permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. - A memo shall be submitted to the Department of Planning Services' staff stating approval from the La Salle Fire Department on the fire safety devices to be installed in the hay and grain storage area. er USR-878 Daniel Ochsner and Barry Payant Page 4 The owner/applicant shall supply to the Department of Planning Services' staff written evidence that the oil wells located on the proposed site are in compliance with the guidelines of the Oil and Gas Conservation Commission. This shall include, but not be limited to a fencing the existing wells on site and the installation of automatic shut-off valves on each well located within 150 feet of a residence. A fence or barricade shall be installed to prevent access onto or from U.S. Highway 85. 4. No additional building or electrical permits shall 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's office. 5. The existing septic systems for the mobile homes are required to be reviewed by a Colorado Registered Professional Engineer. A copy of that review shall be submitted to the Weld County Health Department before the required I.S.D.S. evaluation can be performed. 6. An I.S.D.S. evaluation on all existing septic systems shall be necessary prior to issuing the required septic permits on the existing systems. Motion seconded by Rick Iverson. VOTE: For Passage Against Passage Bud Halldorson Judy Yamaguchi Rick Iverson Bud Clemons Jerry Kiefer Ernie Ross The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. USR-878 Daniel Ochsner and Barry Payant Page 5 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on June 5, 1990, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 6th day of June, 1990. off.-1i._,,., Q\e.C>4 Bobbie Good Secretary R-=(' 311 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Daniel Ochsner and Barry Payant USR-878 1 . The Site Specific Development Plan and Special Review permit is for a Recreational Facility including horse and cattle events: (e.g. roping, cutting, barrel racing, riding trails, training) , 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 Article 68 of Title 24 C.R.S. , as amended. 3. A Flood Hazard Development permit shall be required for any new construction or substantial improvements of existing structures in the Floodway or Floodprone District located on the site. 4. The applicant shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to 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. 5. Waste oil, waste paints, stains, treatments, spent drug containers, empty livestock dip containers, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and ground water contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential conditions. 8. Fugitive dust shall be confined on this site. 9. All pumps, pits, and oil and gas production facilities shall be adequately fenced to prevent trespassing. Cates to the enclosures are to be locked at all times except when operators are present. 10. The fire safety prevention devices approved by the La Salle Fire Department for the grain and hay storage area shall be maintained at all times. Development Standards Daniel Ochsner and Barry Payant USR-878 11. The access route to the special review activity shall be from Weld County Road 394 via the private drive (old U.S. Highway 85) . A fence or barricade shall be maintained at all times, to prevent access on to or from U.S. Highway 85. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. Personnel from the Weld County Health Department, Weld County Department of Planning Services, La Salle Fire Protection Department, and the State Oil and Gas Conservation Commission 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. 16. 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. 17. 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. ADDITIONAL COMMENTS DANIEL OCHSNER AND BARRY PAYANT USR-878 The City of Evans Planning Commission reviewed this case on May 9, 1989, and did not take a formal action. The Evans Planning Commission will again review this case on June 12, 1990. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION APPLICANT: Daniel Ochsner and Barry Payant CASE NUMBER: USR-878 Submitted or Prepared Prior to Hearing At Hearing 1 . Application 2 Pages X 2. One application plat(s) 1 page(s) X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner 's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Four 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 . Letter dated May 3, 1989, from Hall D. Simpson, X Division of Water Resources 12. Memo dated April 14, 1989, from Wes Potter, X Weld County Health Department 13. Letter dated April 18, 1989, from William R. X Smith, Oil and Gas Commission 14. Letter dated April 14, 1989, from Gary Sandau, X Fire Marshal 15. Memo dated April 21, 1989, from Drew Scheltinga, X Weld County Engineering Department 16. Letter dated April 17, 1989, from Wallace R. X Jacobson 17. Memo from William R. Roberts, Weld County X Building Inspection Department 18. Letter dated April 27, 1989, from Ronald D. X Miller 19. Referral response dated April 4, 1989, from X Ed Jordan, Weld County Sheriff's Department 20. Letter dated April 27, 1989, from Stephen Hill, X City of Greeley 21 . Letter dated April 27, 1989, from Kathey Ells X yr CG 22. Letter dated April 26, 1989, from Thurman Hays X � 23. Letter dated May 30, 1990, from Daniel Ochsner X CxhiLL-f- A PAGE 2 I hereby certify that the 23 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 June 8, 1990. / Current 1 nner STATE OF COLORADO ) COUNTY OF WELD ) ‘t4i SUBSCRI1n AND SWORN TO BEFORE ME THIS $ _ day of (-2y,10 199C) * arARY :>r w«. pU0l. CI �C� ` �tAh �.. C` U �" 1 FF ((��.••'Q�; NOTARY�PUBLIC lnCom�My n3ssOion Expires My Commission Expires Fob. 13, 1993 De en R _. p EXHIBIT INVENTORY CONTROL SHEET Exhibit Submitted By 0 Exhibit Description P • tPig B. PialLithipts c. paivutoLis \/v /V..'Vni✓//IIMIIl/I/ ly, V D. (Ale fa Oa Sites Alp 4 k E. ()6Alk 71.6 i-Ataotoc (nottc- g DecAll F. SA/ Ad:Zk 4/2a& 0enzr 1,22i 4)//) G. a7e40z/ -2/all , 16)E. �, 61110A, .7Z ti I. J. R. L. M. N. 0. e, f Date: June 5, 1990 CASE NUMBER: USR-878 NAME: Daniel Ochsner and Barry Payant ADDRESS: 2888 Bluff Street 11186, Boulder, CO 80302 REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility located in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the NE} of Section 31, part of the SE} of Section 30, and part of the SW} of Section 29 all in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 700 feet south of The Town of Evans and approximately 2, 100 feet north of the Town of La Salle, west and east of U.S. Highway 85 and north of Weld County Road 394. 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 located within the urban growth boundary area of the Towns of Evans and La Salle and the City of Greeley, and is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. A representative from the Town of LaSalle and the City of Greeley has indicated that the proposal can conform with its desires, provided certain conditions are met. These conditions are addressed in the attached conditions of approval and development standards. - The proposal is consistent with the Open Space, Parks, and Recreation section of the Weld County Comprehensive Plan. Policy number 3 of this section encourages the location of parks, recreational areas, and open space in flood plains, seep areas, geological fault areas, and nonproductive agricultural areas. - The proposal is consistent with the intent of the A (Agricultural) zone district and is provided for as a use by special review. 0( y 9 ` USR-878 Daniel Ochsner and Barry Payant Page 2 - The proposed use will be compatible with the existing surrounding land uses which include agricultural production, U.S. Highway 85, and the South Platte River. The use will be compatible with the future development of the surrounding area as permitted by the agricultural zone district. - The special review permit site is located in the 100-year floodplain. The special review development standards and conditions of approval address the overlay district requirements. No other overlay districts affect the site. - Special Review permit development standards provide adequate protection of the health, safety, and welfare of the neighborhood and the County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. 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 office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2. Prior to recording the use by special review plat: - The plat shall be amended to show an accurate legal description of the proposed site. The camping, river sports, rafting, and picnic facilities shall be removed as proposed uses. - The applicant shall submit a letter to the Department of Planning Services' staff indicating he agrees to voluntarily close the recreational facility and vacate the Special Review permit should the proposed access route from Weld County Road 394 and private drive (old Highway 85) is no longer available for the Special Review permit area. - The application materials shall be amended to show all dwellings located on the Special Review permit area are not to be used as an income source but, shall be used by persons directly related to the Special Review activity. - All waste, junk, used or second-hand materials and derelict vehicles that constitutes a noncommercial junkyard shall be removed from the property. USR-878 Daniel Ochaner and Barry Payant Page 3 3. Prior to the proposed Use by Special Review operation beginning the following shall be met: - A Subdivision Exemption application shall be submitted to the Department of Planning Services for the southern property boundary exchange. - The facility shall be in compliance with the Colorado Department of Health's Guidelines for Feedlot Runoff Contain- ment. Verification of compliance shall be submitted to the Department of Planning Services' staff. - The owner/applicant shall obtain from the Weld County Building Inspection Department all applicable building permits for the mobile home and the barn. - The owner/applicant shall obtain a contract with the Central Colorado Water Conservancy District to replace water depletions and supply a copy of that contract to the Department of Planning Services and to the State Engineer, Division of Water Resources. - The owner/applicant shall provide to the Department of Planning Services and to the State Engineer, Division of Water Resources documentation of installation of the required flow meters on both Moody Well Numbers 1 and 3. - If required, an air emission permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. - A memo shall be submitted to the Department of Planning Services' staff stating approval from the La Salle Fire Department on the fire safety devices to be installed in the hay and grain storage area. - The owner/applicant shall supply to the Department of Planning Services' staff written evidence that the oil wells located on the proposed site are in compliance with the guidelines of the Oil and Gas Conservation Commission. This shall include, but not be limited to a fencing the existing wells on site and the installation of automatic shut-off valves on each well located within 150 feet of a residence. - A fence or barricade shall be installed to prevent access onto or from U.S. Highway 85. 91 C Rl' USR-878 Daniel Ochsner and Barry Payant Page 4 4. No additional building or electrical permits shall 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's office. 5. The existing septic systems for the mobile homes are required to be reviewed by a Colorado Registered Professional Engineer. A copy of that review shall be submitted to the Weld County Health Department before the required I.S.D.S. evaluation can be performed. 6. An I.S.D.S, evaluation on all existing septic systems shall be necessary prior to issuing the required septic permits on the existing systems. t.. > . SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Daniel Ochsner and Barry Payant USR-878 1. The Site Specific Development Plan and Special Review permit is for a Recreational Facility including horse and cattle events: (e.g. roping, cutting, barrel racing, riding trails, training) , 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 Article 68 of Title 24 C.R.S. , as amended. 3. A Flood Hazard Development permit shall be required for any new construction or substantial improvements of existing structures in the Floodway or Floodprone District located on the site. 4. The applicant shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to 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. 5. Waste oil, waste paints, stains, treatments, spent drug containers, empty livestock dip containers, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and ground water contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential conditions. 8. Fugitive dust shall be confined on this site. 9. All pumps, pits, and oil and gas production facilities shall be adequately fenced to prevent trespassing. Gates to the enclosures are to be locked at all times except when operators are present. 10. The fire safety prevention devices approved by the La Salle Fire Department for the grain and hay storage area shall be maintained at all times. Development Standards Daniel Ochsner and Barry Payant USR-878 11. The access route to the special review activity shall be from Weld County Road 394 via the private drive (old U.S. Highway 85) . A fence or barricade shall be maintained at all times, to prevent access on to or from U.S. Highway 85. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. Personnel from the Weld County Health Department, Weld County Department of Planning Services, La Salle Fire Protection Department, and the State Oil and Gas Conservation Commission 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. 16. 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. 17. 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. C: k ADDITIONAL COMMENTS DANIEL OCHSNER AND BARRY PAYANT USR-878 The City of Evans Planning Commission reviewed this case on May 9, 1989, and did not take a formal action. The Evans Planning Commission will again review this case on June 12, 1990. Add ��•a 2�e� Gen.�.�-r.�vv � d -Ga 2 CI AAa-Q. can- d ea-arise/ a/4-e t, 1/- 1--4, �D„ � O ai_e) -ea eir,v vbc, tan'IL, MAY iT7 Weld Co. Ilaruuap r,erm�x�run LAND-USE APPLICATION SUMMARY SHEET Date: May 29, 1990 CASE NUMBER: USR-878 NAME: Daniel Ochsner and Barry Payant ADDRESS: 2888 Bluff Street, 11186, Boulder, CO 80302 REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE} of Section 31, part of the SE} of Section 30, and part of the SW} of Section 29, all in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 700 feet south of the Town of Evans and approximately 2, 100 feet north of the Town of LaSalle, west of Highway 85, and north of Weld County Road 394. SIZE OF PARCEL: 55 Acres, t POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Weld County Health Department, State Division of Water Resources, Weld County Building Inspection Department Colorado Highway Department, Oil and Gas Conservation Commission, Greeley Soil Conservation Services, and the LaSalle Fire District. The Department of Planning Services' staff has received one letter of objection from a surrounding property owner. This application was continued at the May 16, 1989, Weld County Planning Commission meeting. The continuance was to enable the applicant time to acquire a purchase contract. The additional property described in the purchase contract would provide the applicant with adequate access to the property and an interest in property not currently owned, but included in the Special Review permit area. Ca, r-, q N (�� _• 1• i / „ze V •1.'M\\ / e • • _� � 4 1 •�I • � ^ p M '. a .i \...:„,_, "r To -t • J �133OIS1lG S o I� . nuts"PAL/F/C I 1 • oGrNF'9A' I '/ 23 it an]LLLrIMIllaa J ci .wuv as I 1.10111 f c1 r ~' ,f :WA. `,s.)--_, L �� I -,11 3�.s\3.Iy1 11 \ • • 1 WORM k� / �� Man :. ... .. o •EMI �1vs• tairc��ti: •i II==s►-� "'�'arlf 9 i mm _ • • I( I]••'.r.•r •S•2, • 1 1 .B.• t li I• el ' Mtn....._..•rflt ita1� 1 .5 1•. _ ��.0.... ....` �. 1 !li A� Aea ®�tia� \Fi �_ _ _rdpri ',TIM, � ;air • I I fir.. t1` R =: �, ,. �. L. ;i, „ I I T=2�f�, :1•v x3 ' �/ - L �-v I � vii ll I� � r• � i� 1�al a �. ! ,,L�-,� �1 • - cr, E oN5 1p enJ; l a Grsie'` 1 _ _ _�_ _L. 4ARK `,Mai �e��'i�g P -y/ �sil le Y gill • Co ••r. la • 1 I 1 it„ !COrrecti00 °Ir7a7®,�r spa .ritl1'�� `�/� �.� NO.f � ! �\ R�_xwi�� III ` IL451 LE d �IJ II 53 \`In / ir rlICSII:alliVItatfS r I E - •/(�� —I • . ';mi u• 3 I 1 � I� : QJca. \\ • ! 3.,ro•"' I \ �rope enAen o E ��. Q 1 .ro.r I r .9% lip11--- - - - OrrollKi , 1 . . . - - --..-- 1i - - - - -- - -- -• •• •`1/ �1• .... /.2 • 0 r,....,n . ., .� • . ! • I _ — Z• R: I e `xa 1 e. . • ▪ ' "' a .• aL• �I • N C p 2.;• m2/ I _._- •i • L' -) • 'L I. xrr °, a. , L3 '• C., n . x3 1 r� •' � 1°IM ••fs3R ° ' A•:LW:•IE.! Lne1 I 1Ft. a I •o 1011 •• * , t1 •\ •3. .• 1 33 •2• NI ! 3, • 3x 1 1 ! se IN 32 • 33 I ' 1 as I .] C I 1 I .a !� °I 0 I•ore ..I� _I I I _ _ 51. 1 1' ,• ii1 •, a •i w, ,. it ia, r , , 1\ a ,_••_-_. r 3 • • I •3e.a 1 I j '• _ - i 21 9977pp I: gilpI _ • I� � a kL�I ° I •J 1 S3 I. I n ... m m �I� 3.• ZIk.IIII onrO.rcmLLc :z * 1 •..u,,. r• . m zl ;- las I!.I• r xa3ox. a Ia \3a ' m �n :. t .1�� _I• •1 1. ephi • • u \\s\. • IL.,1_, •s3 3. v u n . �, ss v a u 3] 11 Al I • � 1. I 3 �. ) I 1 ] t • 3 •3 G E „Lit 3 • _ •l —.. T _. • _ f I 11 .� � I /' r- 4h+u II / ''� it IILI.. %4H ,gl I I; ;Li _ 1 I1:�X ..6�5 1 • rj 1 '• �I 1 � � r E EY L DITCH ' ] � ��- 31 • . (i8�iBfl 1 P 4666 _ J / 1 - 0g1Q( ) ra' .;• 'i � / 4 a z g J '-'''''.- 19� j ..) I. / — 19- _ n> 2 I / --1 9J• k 2• /.°°.. 465V X11 64/ 1 / /P. ,, --� I __ a e-i.4650 ° t x �. .� f' EVANS [r - I __ _ __• k • P r',a 1 • / � I Trader 6 "-.-Park 46J]_ lM10 4717 a�� : 24 / ... II! ? I �___ ail✓ n n ` I k; tj I Pa 4 I �''3'lV�� y Y • �� ` t 1 % I rI j 4 • // •� / °° P6 _ 1 1 _ IWr �• 1 ° / r • 8 • P :685 C /• -468.2'30. 46]4 =---- •11 { 29 6° /.' C it •m_ . '. - �;) P ®4662 �' O ,I ° - C rtr I ail J Ai ° ) 1 OW -�-..G avel°Pith ° :.� R 4653 4� % �I ° l .1°� -a660 qN6 6y / c ° ( ��,; ---_ PTA. nn lal f _ $IV / // A M II • lir �� I� ,� I.- 6 °Well 4650 4662 / 4644 pitc A a h - _ 465° 1`U ; F (/1 // G's-t r yp\\ `,. 4650 _i�J U NIO BM J 4662 31 4657 _ • - a - _32 • _ 1664 % S 0 r� '.) 4612 33 • 4660 q! c ./-pd'°l y4° i ° East La Salle ii y6° �. i /Y� ♦. :/ [ �` P ♦L•t � /•� —1 �- ty o ., { r� � . , i ,\ / /4 I. ° �. ° �-I ° t \ Y Well CI,' -- `-___ `ate _ _ _.__ '�_3—_ _- ] ..' 2. � i 4669 1 __—_. 46]/! � e 4/764 669 -• f .,-• III °° 11 C.4._-?2) ,I r • �/ i i ° e ��'�v ✓ 4683 6 • A� iI Iµ�.� � �—� . Io� 1� / I / \ / ] �] � I G� II �.V 1• '1/ • I a68 I, •t I' �i �� °I o_ ew+o°�.=. Ov �� i-.) r- i 1� Well BM A l,] _ ___:oea _ ..� Weli \ 4E,s 46]6 1 ° 5 4665/0 6 �8p\ °, I SOUTH BRANCH 4 UN PAC t-IC "r/ \ ;�/ \ II / � I - Wet AO / Wel A Well Well 1 �.4k C •//u' . . _ • _.. ++i¢u:- u r Gl 4291. aY� f ..uy�:, \ J.... 'bf :41�w'SY 3�,. >' d ' f' 'Se ' it.., i if f f^ 4 f 9N i E Y .SieSr } + j t' S ,� 14 }yyy l a I X 7 '{. a h fl jr 14.`� ;' z ': c ' ` f � '�' 44i • • .l'. i, d I C 'f. I i Y4,.,n _ IY s'v. "A f{ {4 # C i r f {. ]iro i" ° .��, i � OE� t: - sief `'* t �'•. ## F * t # , , A • ' Ate- �. .7,,Via.. _..� � M y rse k. '*w ♦ ��,., !� ` fr.+fi , °shy : § r! '{ ,e RRFF"a yP f �6 @R sy _' R.: e" 4 b m :4:.41,14,- . . } °' R_ ./rA t + 1„ yew.-,-iV[„ "y,,, nlr+`� ;• 4 i. * 'yik� 'T4E' .4," +4. i .. �P' wr �aT. til ,Lit �+f ^"4 4 00 it!' s Y�1 "tit. A k ,' 44 tif !1� F wS 6 S" "'..rroisi rt r t .x + ; yiii * t.F is * " L il�� !' 1 1 „ >ew r t , �.. �, z 11 f • ytk �fil,, { r ♦ //j 1 t _:R / A` kJI '� P 1� La • C t� .yM+syfrv+ .x.y 7. t. 't ''+ m y f f. 4. v, t _ '� i 4r. 6Y: :4 N FIELD CHECK FILING NUMBER: USR-878 DATE OF INSPECTION: April 13, 1989 NAME: Daniel Ochsner and Barry Payant REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility located in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the NEI of Section 31, part of the SEI of Section 30, and part of the SWi of Section 29, all within T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 700 feet south of the Town of Evans and approximately 2, 100 feet north of the Town of La Salle; west of U.S. Highway 85 and north of Weld County Road 394 LAND USE: N South Platte River, commercial uses E U.S. Highway 85 , farmland S Farmland W Farmland, South Platte River ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Located on the property are two accessory to farm stick built homes, 2 mobile homes, one as accessory to the proposed recreational facility, the other as accessory to the farm, a horse stable, and a roping arena. Access is proposed off of Weld County Road 394 onto old Highway 85 which serves this property and other surrounding properties. Most of the property is overlaid in natural vegetation. Natural drainage is to the north towards the South Platte River. el rent Pla ner ¢Z nrtI REFERRAL LIST NAME: Daniel Ochsner and Barry Payant CASE NUMBER: USR-878 REFERRALS SENT: April 4, 1989 REFERRALS TO BE RECEIVED BY: April 18, 1989 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton _Extension Service Dacono _Emergency Management Office Eaton X Sheriff's Office Erie X Engineering X Evans Housing Authority Firestone _Airport Authority Fort Lupton . X Building Inspection Frederick Garden City STATE Gilcrest X Division of Water Resources X Greeley Geological Survey Grover Department of Health Hudson X Highway Department Johnstown Historical Society Keenesburg Water Conservation Board Kersey X Oil and Gas Conservation Commission X La Salle Lochbuie FIRE DISTRICTS Longmont Ault F-1 Mead Berthoud F-2 Milliken Eaton F- 4 Platteville Hudson F-7 Johnstown F-8 COUNTIES X La Salle F-9 Adams Nunn F-12 Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 US Army Corp of Engineers Wiggins F-18 _Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins Central Colo. Water Conservancy Dist. X Greeley COMMISSION/BOARD MEMBER X Lynn Brown 5_1C r-al /. A qlf ROY ROMER E.e OF',`l�a.„ 9O JERIS A. DANIELSON ,„, Governor O State Engineer 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 C""""" �" �- �-> -�- i ,'IN N`�Ec*iF. May 3, 1989 , f. iiY 8 1989 I 1 C-1-1\_. _ Mr. Keith Schuett Weld County Planning Department Weld Ch. i�lb�r a:Et ,.,,z44.4% 915 10th Street Greeley, CO 80631 Re: Ochsner and Payant Special Review Sec. 29,30,31 T5N, R65W, 6TH PM Dear Mr. Schuett: We have reviewed the above referenced application to develop a recreational facility on a 55 acre parcel. The facility would be oriented toward rodeo and other livestock events. The applicant anticipates that there would normally be up to one hundred head of stock on the property and during events, there could be as many as 300 to 400 head. The facility is expected to require from 2 to 12 employees. The proposed source of water for the development is to be two wells decreed in case number W-4513 in the Division 1 Water Court. Case W-4513 addresses one domestic and two commercial wells. The application mentions one domestic well and one commercial well. Apparently the wells proposed for use are decreed as the Moody well number 1 and Moody well number 3. A review of the decree in case W-4513 indicates that the Moody well No. 1 is decreed for Domestic, Commercial, and Irrigation uses. Moody well No. 3 is decreed for Domestic use and the Irrigation of up to 2 acres. With augmentation the Moody well No. 1 can serve the rodeo operation. Both wells have junior rights on the South Platte River drainage, and cannot be pumped without an approved replacement plan as required in the Rules and Regulations adopted on March 15, 1974. It is our opinion that these wells can be operated for the decreed uses under the Central Colorado Water Conservancy District temporary substitute supply plan. We will require that the wells be equipped with totalizing flow meters and that records of monthly diversions be kept and made available to the Division Engineer upon request. Mr. Keith Schuett Page 2 April 3, 1989 We can recommend approval with the following conditions: 1. That applicant obtains a contract with the CWCD to replace depletions and supplies a copy of the contract to the county and to the Division 1 office. 2. That the applicant provide documentation of installation of the required flow meters to the county and the Division 1 office. Sincerely, hii‘t l\.� � . i� al D Simpson P.E. Deputy State Engineer HDS/JTS cc: Alan Berryman, Division Engineer Steve Lautenschlager Barry Payant `-j K.,:- 1 R MEMORAnDum Wilk To Weld County Planning April 14, 1989 Date ---- - COLORADO From Environmental Protection Services " Pot Case Number: DSR-878 Name: Ochsner and Payaut subject: --- - Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1 . The applicant shall remove, handle, and stockpile manure from the livestock confinement 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, or 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 Guidelines for Feedlot Runoff Containment, prior to final approval of the proposed use. 3. Waste oil, waste paints, stains, treatments, spent drug containers, empty livestock dip containers, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 6. The existing septic systems for the barn are required to be reviewed by a Colorado Registered Professional Engineer, and a copy of that review submitted to this Division before the required I.S.D.S. Evaluation can be performed. 7. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 8. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. P 9. Fugitive dust must be confined on this site. 2�II n��5m� I � I APR 1 7 198,9 EPS/dgc ..'� STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLIAM R. SMITH 1580 LOGAN STREET Director DENVER, COLORADO 80203 DENNIS R. BICKNELL ROY ROMER Deputy Director (303) 894-2100 Governor April 18, 1989 Mr . Brian J . Bingle, Current Planner Department of Planning Services 915 10th Street Greeley, Coloraao 80631 Re: Case Number USR-878 Dear Mr . Bingle: Thank you for the opportunity to review the proposed plan for development submitted by Daniel Oschner and Barry Payant. There are three wells in the immediate vicinity, probably located on the tract. They are: Eddy Oil Company' s Moody #13-29 located in Section 29 , 635 feet from the south section line and 660 feet from west section line. Eddy Oil Company' s Brantner #30-9 located in Section 30 , 1164 feet from the south section line and 854 feet from the east section line. Eddy Oil Company ' s Brantner # 30-16 located in Section 30 , 865 feet from the south section line and 634 feet from the east section line. The applicants should be advised of these wells and work with the operators to assure safety of the participants and individuals working with the stock that will be located there. Safety regulations of the Oil and Gas Conservation Commission that would apply if the facility was there first are: 602 a. Well shall be located a distance of 150 feet or one and one-half times the height of the derrick , whichever is greater , from any occupied building , public road, above ground utility or railroad. 602 a. (3) . Tanks shall be a minimum of 200 feet from residences, normally occupied builaings, or well defined normally occupied outside areas. 604 c (1) . All wells located within 150 feet of a residence (s) , normally occupied outside area (s) , shall be equipped with an automatic control valve that will shut the well in when a sudden change of pressure, either a rise or drop, occurs. Automatic control valves shall be designed to fail safe. 604 c (3) . All pumps, pits, and producing facilities shall be adequately fenced to prevent access by unauthorized persons when the producing site or equipment is easily accessible to the public and poses a physical or health hazard. (Note: although we have not specifically set fencing requirements, in a situation like this where there might be several people in the immediate vicinity of the facilities, we would recommend a six (6) foot chain link fence with three barb wire strands on top with adequate gates to allow safe operation by workers. Gates to be locked at all times except when operators are present. ) Since the wells aria producing facilities are currently in place, I think the most important of the above rules are 604 c (1) and 604 c (3) . Who would be responsible for the cost of installation and maintenance of these facilities should be worked out between the two parties; however , we would hold the oil and gas operator responsible for their maintenance. I would recommend that you call the provisions contained in our rules ana regulations to the applicants attention and include, in your approval, some similar requirements. If you have any questions regaraing the above or would want me to appear to explain these requirements or the background for them please let me know. Yours very truly, �h/n� /0-.A)..2•41 s William R. Smith, P.E. Director WRS/clk 6531C cc: Eddy Oil Company 1432 S. Lansing St. Aurora, CO 80012 APR 2 4 1989 hi ?VEIL Cn- Flaudtns :,,nrwr+txr;t — 2 — w, ' April 14, 1989 Mr. Brian Bingle, Current Planner Weld County Planning Department 915 10th Street Greeley, Colorado 80631 Mr. Bingle, I have reviewed the plot plan submitted by Daniel Ochsner and Barry Payant concerning their proposed recreation area to be located at 25033 Highway 85. I have the following recommendations. I would suggest that traffic into and out of the recreation area be restricted from using the entrance/exit which now exists onto the West side of Highway 85. We have responded to several traffic accidents at that location because of the poor visibility when entering traffic on Highway 85. The last traffic accident which we responded to at that location resulted in fatal injuries to one of the victims. This may not be the typical comments from a fire department however we do have rescue responsibilities and we are the people who have to pick up the broken bodies. With the increase in traffic, which this facility will generate, the odds of another fatal accident are greatly increased. Another concern is the storage of hay and grain for the horses this was not addressed in the application. We would like to have a plot plan showing their proposed storage areas and what fire safety devices, if any will be in place at this facility. Thank you for the opportunity to comment on this application and if you have any questions please don' t hesitate to call. Sincerely, (....;-/KiA,/A---,_,./.-t--t Gary Sandau, Fire Marshal La Salle Fire Department 0 1.__R- Ig-\--.-7-1;1. ,:l i\\--\ ;----'\ APR ti 19B9 �, _ _ -" C )1 ‘4,,i,, tn. Pivot �nrtutn�titur ,,,. Acrar� MEMORAnDUM vilk Brian Ringle, Planning April 21, 1989 -- To _Date Drew Scheltinga, County Engineer f COLORADO From ' —— Ochsner & Payant, USR-878 subject: I have no objection to the application materials. However, the applicant should be made aware, and acknowledge, Weld County does not maintain the old Highway that runs north and south of Weld County Road 394 (AKA Godfrey Bottom Road). I do not anticipate the traffic generated by this proposal to have a significant impact on Weld County Road 394. The applicant will be responsible for maintaining the access from Road 394 to his site. DLS/mw:pro&p xc: Commissioner Lacy Planning Referral File - Ochsner & Payant, USR-878 M1FJ ''t�l '---.----_- 3 °I . if:, 0I1', /1.3!' c., O;39 11 I ti',!: , „ STATE OF COLORADO DIVISION OF HIGHWAYS oF, Elf.4 ® t"4 P.O. Box 850 {N < Greeley, Colorado 80832-0850 tj N,r (303) 353-1232 re° �o co April 17, 1989 Weld Co.- Off Sys. Ochsner/Payant Site Plan S. o£ Evans on W. side SH 85 DOH File 45100 Mr. Brian Bingle Department of Planning Services Weld County 915 10th Street Greeley, Colorado 80631 Dear Mr. Bingle: We have reviewed the Ochsner/Payant application for a Site Specific Development Plan and Special Review Permit, and we have the following comments. The application indicates that this proposed recreation facility could have a significant traffic impact on the existing intersection of State Highway 85 and County Road 52• This intersection has right and left-turn deceleration lanes which may need to be upgraded to serve the additional traffic which would be gene- rated by this facility. The State Highway Access Code states that the use and operation of public inter- sections is the responsibility of the appropriate local authority. In this case, the County should consider the impact of this new use on the intersection and require improvements to the extent feasible and practicable within statutory and public funding limitations. Approval by this office must be obtained prior to any access improvements. Thank you for the opportunity to review this application. Please contact me at 350-2168 if you have any questions or desire further information. Very truly yours, DOUGLAS RAMES DISTRICT ENGINEER Wallace R. acobson Development Planning Access Coordinator WJ:cas 9( r'r- cc: D. Yost Area Foreman Q Fl 59-I H '5\V) File: Jacobson via Crier 1\, APR 8 1989 ?em L'o. iimparw ..ma ktelual MEMORAnDum To Chuck Cunliffe oeteApril 11, 1989 COLORADO From William R. Roberts 114:1"7-- subject: Daniel Ochsner & Barry Payant BCV-925 for no mobile home permit is still active. It was referred to the County Attorney on November 3, 1988. I checlAan April 11, 1989, no permit has been applied for or issued for the mobile home or a building permit for the attached deck. The property was inspected on April 10, 1989, and the mobile home is still on the property. BCV-925 for no permit is still active. BP-33139 was issued for the work being done to the barn. No inspections have been called for to date. It was referred to the County Attorney on November 3, 1988. To clear the violation they need to call for and have approved the required inspections, and a certificate of occupancy issued. F,.F UNITED STATES Soil DEPARTMENT OF Conservation 4302 W. 9th St . Rd . AGRICULTURE ' Service Greeley , CO 80634 April 27 , 1989 Milton Baumgartner , Pres . West Greeley Soil Conservation District P . O . Bnx ^_5 rr eley , rn enF32 Weld County Case Number : USR-878 Mr . SaUrngar t ner : I have reviewed this request for a recreational site . The soils in the area are mapped in the SOIL SURVEY WELD COUNTY - SOUTHERN PART as Aquolls Aquepts , which has severe limitations for campgrounds , picnic areas , etc . , due to wetness and flooding . The entire site is within the 100 year flood plain zone of the South Platte River . A lot of the area has the presence of Bankar-d loamy sand , 0-3% slopes , which has severe wind erosion potential if surface residue is lost or not allowed to produce adequate cover , If the developers can overcome the problems associated with a flood prone .area being involved with such an enterprise , then I feel this to be a sound request . I do feel , however , that the users of the area should be made aware of the flooding hazard and use be restricted for camping and overnight use during periods with the highest seasonal flooding potentials . Cray use of the area would have less danger and fewer restrictions wnuld be necessary to protect the safety of the users . I would recommend approval of this request with a copy of comments to be .ubmitted . Si _ y 1 , ' 7(7----n Ronald D . Miller ��f}�� District Conservationist ��`��,� �� _` Greeley Field Office Q e)t- - RDM kep _"" 1989 ,,,,,:Grin • S e 'i .,�.1 DEPARTr .T OF PLANNING SERVICES 41/I 19:16Cti;ipH R [i::[: I):[I._I_, UNDERSHER I I=F. \\ dl':a_.I) C;CIUNI"Y :31iL1'?IF"1 f3 01='F`ICa" t3RElc.l_..I:'._Y„ CO E=3Crc,:_i7. Illio irojni R k � APR 5 1989 ll CASE NUMBER USR-878 0 . - _ - COLORADO WEI6 Cn, tibmoult aaromssslnn April 4, 1989 TO WHOM IT MAY CONCERN: . Enclosed is an application from Daneil Ochsner and Barry Payant for a Site Specific Development Plan and a Special Review permit for a recreation facility located in the A (Agricultural) Zone district. The parcel of land is described as part of the NE} of Section 31, part of the SE} of Section 30, and part of the SW} of Section 29, all in T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 700 feet south of the Town of Evans, approximately 2,100 feet north of the Town of LaSalle, west of Highway 85, and north of Weld County Road 394. 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 April 19, 1989, so that we may give full consideration to your recommendation. Please call Brian J. Bingle, 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. i 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: 0 ,-. 5. refer to the enclosed letter. ° w. ° 1 ) I _ Signed: --- Agency:Agency: 1-OZ/A (1.92/4,7 Si4 /c1 Date: (� COMMUNITY DEVELOPMENT 1000 10TH STREET, GREELEY, COLORADO 80637 (303) 350-9780 April 27, 1989 Weld County Planning Department 915 10th Street Greeley, Colorado 80631 Attn: Brian Bingle Re: Case Number USR-878 Brian : The City of Greeley Planning Commission recommended no objection to the request from Daneil Ochsner and Barry Payant for a Site Specific Development Plan and Special Review Permit to operate a recreation facility at their April 25 , 1989, meeting. The Planning Commission did, however, want to emphasize their desire to have the project attractively designed since Highway 85 serves as an entryway into the City of Greeley . Sincerely , � 7 -� / Stephen V . Hill Planning Administrator SVH/es r APR 9 A 19$9 ' � .. ;� — item ei a, ‘-,C1 � cy''"°f %Oa Oka sta. eon'� � r'9l \ TOWN HALL ' / ��-,„C` 1 i 1, 119 MAIN P.O. BOX 717 LA SALLE,COLORADO 80845 '...iii Wit - n l PHONE: 303-284-6931 / , /in" �q \oQ�AnEo April 27, 1989 Weld County Colorado Department of Planning Services Brian J. Bingle, Current Planner 915 - 10th Street Greeley, Colorado 80631 RE: Case Number USR-878 Dear Brian, As I stated on the phone April 27, 1989 we have checked #3, "We have reviewed the request and find no conflicts with our interests". I would also like to convey a voiced con- cern of our Chief of Police, Carl Harvey, which has support of the LaSalle Planning and Zoning Commission and Town Board. That concern being ingress and egress off Highway 85, just south of the bridge. It was stated by Mr. Payant that this entrance is blocked, not used and this procedure would con- tinue. Chief Harvey is aware of this current procedure and simply stated that he would prefer that ingress and egress use Godfree Bottom Road and not the entrance off Highway 85, primarily for safety reasons. Sincerely, /1 .ems.L-Y Kathy Ells LaSalle Planning and Zoning Commission Secretary /KE sre.`rb ,a iii ,PcIr''' , MAY 2 1989 ! -- wain ti %A USR-878 DANIEL OCHSNER BARRY PAYANT SURROUNDING PROPERTY OWNERS SURROUNDING MINERAL OWNERS Harry Betz 1840 49th Street Greeley, CO 80631 Jackie Moore 1357 43rd Avenue, 117 Greeley, CO 30631 Thurman Hays c/o Ronolda Neilsen 18862 Weld County Road 394 LaSalle, CO 80645 Louis J. and Burtis Brantner 1320 Brantner Road Greeley, CO 80631 Daniel Lee Ochsner 2888 Bluff Street, #186 Boulder, CO 80302 Barry J. Payant P.O. Box 703 Eaton, CO 80615 CI v'.�6„9 NAMES OF OWNERS OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE NAME ADDRESS, TOWN/CITY STATE AND ZIP CODE Daniel Lee Ochsner 2888 Bluff St. #186 Boulder, CO 80302 Barry J. Payant P.O. Box 703 Eaton, CO 80615 00 lr , D 6115 0-Mqr7T gt: /firy tQPR 2 A 1989- se4htimzurto eye, kid" 6 0, au. 44•ZI7 it a...7 eV; espa .11.- ital. 44.44de azeret, Asw 1744,47 44:tL -et- a-47 , .04. rtet. .Pie.- e � / OfX. Eta . C7/1aances.". 434 °eCi 2 Cdr, , It DEPARTMENT OF PLANNING SERVICES Its. PHONE(303)356.1000,EXT.4400 915 10th STREET GREELEY,COLORADO 60631 es COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, June 5, 1990, at 10:00 a.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Daniel Ochsner and Barry Payant LEGAL DESCRIPTION: Part of the NE} of Section 31 , part of the SE} of Section 30, and part of the SW} of Section 29, all in T5N, R65W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: Recreational facility in the A (Agricultural) Zone district LOCATION: Approximately 700 feet south of the City of Evans, 2, 100 feet north of the Town of La Salle; west of U.S. Highway 85, and north of Weld County Road 394 SIZE: 55 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on June 5, 1990. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Ernie Ross, Chairman Weld County Planning Commission To be published in the New News To be publis one ( ) ti by ay 24, 1990 Received by• Date: `t !y 0 OFFICE OF COUNTY ATTORNEY ii; •-(S- PHONE(303)356-44391 P.O BOXEXT. 1948 P.O. BOX 1948 GREELEY,COLORADO 80632 wilge COLORADO May 17, 199O Daniel Ochsner 2888 Bluff Street, #186 Boulder, CO 80302 RE: Board v. Ochsner and Payant Case No. 90-CV-134 Dear Mr. Ochsner: This is to confirm our conversation that you may proceed with your USR (,#878) application. This is based on the view that the contract to purchase the property through which your access from highway 85 travels appears to entitle you to current possession. This does not mean that this issue is finally determined, as the Board of County Commissioners and Planning Commission must consider issues of access in reviewing the USR, and additional facts bearing on the issue may come to light during the hearing process. Nonetheless, it is my understanding that you intend to proceed with your application. Thank you for your attention to this matter. Y rs truly, - /�/p� �/�� Le orri n " "vim " Assistant County Attorney LDM: s xc: ,JChuck Cunliffe iTi( --- Ste:. h1( MAY 1 7 1990 sup, plxfpl€h$ d1 lUi.� (� , , BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jerry Kiefer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-878 NAME: Daniel Ochsner and Barry Payant ADDRESS: 2888 Bluff Street 11186, Boulder, CO 80302 REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility located in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the NE4 of Section 31, part of the SE4 of Section 30, and part of the SW$ of Section 29 all in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 700 feet south of The Town of Evans and approximately 2,100 feet north of the Town of La Salle, west and east of U.S. Highway 85 and north of Weld County Road 394. be continued indefinitely to allow the applicants to resolve a dispute regarding purchase of the property. Motion seconded by Lynn Brown. VOTE: For Passage Against Passage LeAnn Reid Lynn Brown Rick Iverson Jerry Kiefer Bud Halldorson The Chairman declared the resolution passed and ordered that a certified copy be placed with the file of this case to serve as a permanent record of the proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on May 16, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 16th day of May, 1989. gr er4 4 tZts\..1..k-►, Caktb e SOn n ^ 9 Bobbie Good Secretary May 16, 1989 CASE NUMBER: USR-878 NAME: Daniel Ochsner and Barry Payant ADDRESS: 2888 Bluff Street, X1186 Boulder, CO 80302 REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility located in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the NE} of Section 31, part of the SEA of Section 30, and part of the SWi of Section 29 all in TSN, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 700 feet south of The Town of Evans and approximately 2,100 feet north of the Town of La Salle, west and east of U.S. Highway 85 and north of Weld County Road 394. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE CONTINUED INDEFINITELY FOR THE FOLLOWING REASONS: The applicant has not yet obtained an uncontested contract for the purchase of the property. This continuance would enable the applicant time to satisfy the purchase contract, which then would provide him with the ability to act upon the property. The satisfaction of this contract would also provide adequate access to the proposed site. vC GC A l BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jerry Kiefer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-878 NAME: Daniel Ochsner and Barry Payant ADDRESS: 2888 Bluff Street, X1186 Boulder, CO 80302 REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility located in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the NEB of Section 31, part of the SEI of Section 30, and part of the SW} of Section 29 all in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 700 feet south of The Town of Evans and approximately 2,100 feet north of the Town of La Salle, west and east of U.S. Highway 85 and north of Weld County Road 394. be continued to May 16, 1989, for the following reasons: The applicant has not yet obtained an uncontested contract for the purchase of the property. This continuance would enable the applicant time to satisfy the purchase contract, which then would provide him with the ability to act upon the property. The satisfaction of this contract would also provide adequate access to the proposed site. Motion seconded by Ernie Ross. VOTE: For Passage Against Passage Jerry Kiefer Rick Iverson Lynn Brown LeAnn Reid Ernie Ross Bud Halldorson The Chairman declared the resolution passed and ordered that a certified copy be placed with the file of this case to serve as a permanent record of the proceedings. Dr n � .q USR-878 Daniel Ochsner and Barry Payant Page 2 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on May 2, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 2nd day \\of May, 1989. °L\" a gooq Bobbie Good Secretary ‹) C q jA Date: May 2, 1989 CASE NUMBER: USR-878 NAME: Daniel Ochsner and Barry Payant ADDRESS: 2888 Bluff Street, 11186 Boulder, CO 80302 REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility located in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the NEi of Section 31, part of the SE g of Section 30, and part of the SWi of Section 29 all in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 700 feet south of The Town of Evans and approximately 2,100 feet north of the Town of La Salle, west of U.S. Highway 85 and north of Weld County Road 394. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE CONTINUED TO THE MAY 16, 1989, MEETING FOR THE FOLLOWING REASONS: The applicant has not yet obtained an uncontested contract for the purchase of the property. This continuance would enable the applicant time to satisfy the purchase contract, which then would provide the ability to act upon the property. The satisfaction of this contract would also provide adequate access to the proposed site. Barry J. Payant and Daniel Ochsner P.O. Box 66 Eaton, Co 80615 May 1 , 1989 Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 Dear Mr. Bingle: Re: Case Number USR-878 In regards to our hearing scheduled for May 2, 1989, we are requesting that our hearing be continued for an unspecified period of time. Thank you for your consideration in this matter. Y u s ruly, Barry J�ayant DEPARTIN VT OF PLANNING SERVICES (` PHONE(303)35640 10 T.4400 PO; r \ 915 10th STREET GREELEY,COLORADO 80631 wilk COLORADO April 4, 1989 Daniel Ochsner 2888 Bluff Street, #186 Boulder, CO 80302 Subject: USR-878 - Request for a Site Specific Development Plan and a Special Review permit for a recreational facility in the A (Agricultural) Zone district on a parcel of land described as part of the NEt of Section 31, part of the SEi of Section 30, and part of the SW} of Section 29, T5N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Ochsner: 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 on Tuesday, May 2, 1989, 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 Evans, LaSalle, and Greeley Planning Commissions for their reviews and comments. Please call Kim Lanckriet from the City of Evans at 339-5444, Keta Scholl from the City of LaSalle at 284-6931, and Steve Hill from the City of Greeley at 353-6123 for further details regarding the dates, times, and places of these meetings. It is recommended that you and/or a representative be in attendance at the City of Evans, LaSalle, and Greeley Planning Commission Meetings to answer any questions the Commission members may have with respect to your application. Or if r! e.3E IY-13it I" Daniel Ochsner April 5, 1989 Page 2 It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to April 12, 1989, you or a representative should call me to obtain a sign to be posted on the site no later than April 22, 1989. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of an applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, I` ent P nner BJB:dn pc Barry Payant P.O. Box 703 Eaton, CO 80615 r USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number usa- a"4-e3 Date Received 4-- x"."--a- Application Checkgd by Mylar plat submitted Application Fee y,S7 Receipt Number /62 4/ Recording Fee Receipt Number a%aC r aPPL. -... 5/GieS ccccccc accccccecaccasaaccoccaaaaccccacascccccaaavasaccacavcaacccccccasca TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) X (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SE y Section 30 T 5 N, R 65 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: SE& Section 30 T 5 N, R65 W Property Address (if available) PRESENT ZONE h at—.C.1,,e,P. OVERLAY ZONES TOTAL ACREAGE PROPOSED LAND USE EXISTING LAND USE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Daniel Lee Ochsner Address: 2888 Bluff St. #186 City Boulder Zip 80302 Home Telephone # 5-'0 7443- Business Telephone # 444-3380 t�.•,-32 Name: Barry J. Payant dress: P.O. Box 703 City Paton, Zip 80615 FEE : me Telephone # 454-2940 Business Telephone # 454-3452 6 g+ j n - PLICANT OR AUTHORIZED AGENT (if different than above) : ,o "Ai - s I me: dress: City Zip f-4 II ZS gbme Telephone # Business Telephone # P—rist the owner(s) and/or lessees of mineral rights on or under the subject operties of record. Name: Daniel Lee Ochsner & Barry J. Payant Address: 2888 Bluff St. #186 City Boulder Zip 80302 Name: Eddy Oil Co. (Lessee) Address: 1432 Lansing St. City Aurora Zip 80012 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Sign to ei '(Amer or Authorized Agent Subscribed and sworn to before me this 3( day of March- 19n. NOT PUBLIC p-a ,... My Commission expires February 23,1993 "'( `' '� My commission expires All that part of the Southeast Quarter ( SE1/4) of Section Thirty ( 30 ) , Township five ( 5 ) North , f Range Sixty-five ( 65 ) b West f the 6th P.M. , County of Weld, 4 Colorado, follows : Beginning at a point on the East Line of said SE1/4 , Section 30, Township 5 North, of Range 65 West, which is 300 feet North of the Southeast Corner ( SE Cor) thereof; thence South 300 feet to the Southeast Corner ( SE Cor ) of said SE1 /4 ; thence South 08 Degrees 10 ' West, 1168 feet along the South Line of said quarter section to a point on the East Line of the County Road running Northeasterly across said quarter section; thence along the Easterly and southerly line of said County Rued North 16 Degrees 14 ' west 300 feet; thence East in a straight line to the Point of Beginning. SC C431-1 1 P. , i i�=�� rfFd ._R _._ "1',ar, i ,�_�: iI .:C .-. I , 111i._ , Lt. t 1 :1,77. 1HT . Ij111311 2Y _ • fai. '.i11..d . �, a _ �, .,i.Y;-- ! �.... �, � ., :. 17 �•' "'. . .. _ .. .-. Il ._ - .. -�. .- _ � � :: ._ -nal ` � _ ri.�"�. ;ar _r:a ,..,..i rya _ _ . ..-..r;•-{ .. ,- imp fir n..,-• 1,.- - 4-"` . '..a1 _ i;,_, re1 �.e tLileti i -. i br, 7l - ,. 1. _ `F c`': J 1 E'E a a e hYi2t `_1 a 7 1 1 h . ID] wehly '1 iin ma�.imu i trl-iaa i n111 be 2eer U.. the [ ?r 102 a -4 HOU?- pe? ind . ,`ipl.ma l ii“I ead may be held r_,n site . This is ipproffiely ,.,, There _ 7 ' H . .u .ipsterc . N . 7•.,21, ,Y rti r', 1kti chi, �i r :l_ in .and wi ; ri-T`-..,,-., ()4 Ce• n . L .Ai Pi t i n k4 - far l 9 -L j t ; _ ._ 4r I ' - , ._ � il � i {'_��: � i ._tu_� l -r 1 r, ?-. ] 3 `i>I ❑ _. ��.-[: `.1 CU' -I J?--'d - _ . .'� Mui r ... h s 111 x 1 � :,,,,‘ �yl ,A Y i ?"4---,,....,,A,,,--,,...“ /-e.„2:6; �FF X t f s ti. ar ' :: (fit,., _ � a•i A;4 .. , .,t� � � ro e�` ` J 4 le�f'" ` 'Js :.1' � • f ...11. . I q \� rx ( bt • 1. jf IbAk< a`V15 y r GSM , i �.� -1 r wa '.,�� a's a - � Sri'+>'. �� e�ic. ' p � ��`tJ 1 O * cq " a a axA �k ,,,,,,,,\. � i •� r a .�® � ` 9 6e4,„ IS.GM Rq xn 4 M } '' l0 m . W �o m ;y� e� < m g di . — `� � yp F a �t 4.%:' 1 j '1 t A0 a 2t x a't:'''*,'" ° °'I N .•ug g4; t °. T t �x 4 r, f Pi v g' '*# - "trig i w.K' A °� � :NN 0 y, Ft o t{ y t m 8nl b • n c t F d .,m .k. m � ii, Q x° r �.; 7s x.. 4� xx �,21 in e k`.r?::::": �� r ,--7-,,,‘t r 4 . 1 r m N ,sc v`" iit‘ile..ty:0:4•::: MkVL � Nmy9• S �i UZ.�E��y GaIvvl/ w _ ♦ T„ F-1 / `V 3 Z /, Xnf AIMU. in • -0-/ 1.• i d ,-- ).7._______ __A)„ , • V F41 11 I Qcv a'rk r •s' ' �'' o O E-4rc "Aiwa' `•� t 4 �} r r c!I "N �N /[m `° t": o rs .� , '"� ilit 3. ; C/ Y �i o m N -‘1.0.:, ,•S 0 ,. I. y p '� .y, .,ro `t ' CV G7 .'fir *v a...... n �' c'' ~� n ,,,.,,,, „,,,,, ,.13 . . , ej r�- O 'fh CT ' J] no v / n �f4 a jCID n. ^ na Y iS 1 T Yt. u � �? _ ie3e 0000ee ' SSSSN57 � 'Nbli 9,(i a d 8 SOIL SURVEY filter the leachate. Sewage lagoons require sealing. 60 percent of the unit. Aquents, which have a lighter Lawns, shrubs, and trees grow well. Capability subclass colored surface layer, make up about 35 percent. About 5 IIs irrigated. percent is Aquepts and Bankard sandy loam. 2—Altvan loam, 1 to 3 percent slopes. This is a deep, These are deep, poorly drained soils that formed in well drained soil on terraces at elevations of 4,500 to 4,900 recent alluvium. No one pedon is typical. Commonly the feet. It formed in old alluvium deposited by the major soils have a mottled, mildly alkaline to moderately al- rivers. Included in mapping are small areas of soils that kaline loamy or clayey surface layer and underlying show evidence of poor drainage. Also included are small, material and are underlain by sand or sand and gravel long and narrow areas of sand and gravel deposits. within 48 inches. In places they have a gleyed layer in the Typically the surface layer of this Altvan soil is grayish underlying material. brown loam about 10 inches thick. The subsoil is brown Most of the acreage is subject to flooding. The water and light yellowish brown clay loam and sandy clay loam table is at or near the surface early in spring and recedes about 14 inches thick. The substratum is calcareous loamy to as deep as 48 inches late in fall in some years. sand about 5 inches thick over gravelly sand. These soils are used for rangeland and wildlife habitat. Permeability and available water capacity are Some small areas have been reclaimed by major drainage moderate. The effective rooting depth is 20 to 40 inches. and leveling and are used for irrigated crops. Surface runoff is medium, and the erosion hazard is low.. The potential native vegetation is dominated by alkali This soil is used almost entirely for irrigated crops. It sacaton, switchgrass, and western wheatgrass. Saltgrass, is suited to all crops commonly grown in the area, includ- sedge, rush, and alkali blue ing corn, sugar beets, beans, alfalfa, small grain, potatoes, g grass are also prominent. a le of a suitable cropping Potential production ranges from 3,000 pounds per acre in and onions. An example pping system is 3 favorable years to 2,000 pounds in unfavorable years. As to 4 years of alfalfa followed by corn, corn for silage, range condition deteriorates, the switch sugar beets, small grain, or beans. Land leveling, ditch grass, alkali sacaton lining, and installing pipelines may be needed for proper ,- and western wheatgrass decrease and saltgrass, water application. sedge, and rush increase. All methods of irrigation are suitable, but furrow ir- Management of vegetation should be based on taking half and leaving half of the total annual production. Seed- rigation is the most common. Barnyard manure and corn- ing is difficult and costly because numerous tillage prac- mercial fertilizer are needed for top yields. Windbreaks and environmental plantins of trees and tices are required to eliminate the saltgrass sod. shrubs commonly grown in the area are generally well Switchgrass, western w•heatgrass, alkali sacaton, tall µ'heatgrass, and tall fescue are suitable for seeding. They suited to this soil. Cultivation to control competing vegetation should be continued for as many years as can be seeded into a clean, firm seedbed. Seedbed possible following planting. Trees that are best suited and preparation usually requires more than 1 year to eliminate the saltgrass sod. A grass drill should be used. have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and Seeding early in spring has proven most successful. Wetland wildlife, especially waterfowl, utilize this unit. hackberry. The shrubs best suited are skunkbush sumac, The wetland plants provide nesting and protective cover, lilac, Siberian peashrub, and American plum. This soil can produce habitat elements that are highly as well as some food. The nearby irrigated cropland, suitable for openland wildlife including pheasant, cotton- µ'here wildlife obtain much of their food and find protec- tail, and mourning dove. Such crops as wheat, corn, and tive cover, makes this unit valuable to both wetland and alfalfa provide suitable habitat for openland wildlife, openland wildlife. especially pheasant. Tree and shrub plantings and Openland wildlife, especially pheasant, use this unit for undisturbed nesting cover would enhance openland wil- cover and nesting. Deer find excellent cover in some dlife populations. areas. This Altvan soil has fair to good potential for urban These valuable wildlife areas should be protected from and recreational development. The chief limiting soil fea- fire and fenced to prevent encroachment and overuse by tures for urban development are the shrink-swell poten- livestock. They should not be drained. tial of the subsoil as it wets and dries and the rapid These soils have good potential as a source of sand and permeability of the sand and gravel substratum. Septic gravel. Capability subclass VIw; Salt Meadow range site. tank absorption fields function properly, but in places the 4—Aquolls and Aquepts, flooded. This nearly level substratum does not contain enough fines to properly map unit is in depressions in smooth plains and along the filter the leachate. Sewage lagoons require sealing. bottoms of natural drainageways throughout the survey Lawns, shrubs, and trees grow well. Capability subclass area. Aquolls, which have a dark colored surface layer, IIe irrigated. make up about 55 percent of the unit. Aquepts, which 3—Aquolls and Aquents, gravelly substratum. This have a lighter colored surface layer, make up about 25 nearly level map unit is on bottom lands and flood plains percent. About 20 percent is soils that are well drained of all the major streams in the survey area. Aquolls, and soils that have sandstone or shale within 48 inches of which have a dark colored surface layer, make up about the surface. Sir 12 SOIL SURVEY This soil has good potential fat urban and recreational Wildlife is an important secondary use of this soil. Thy development. Increased population growth in the survey cropland areas provide favorable habitat for ring-neckel area has resulted in increased homesite construction. The pheasant and mourning dove. Many nongame species can chief limiting soil features for urban development are the be attracted by establishing areas for nesting and escapo shrink-swell potential of the subsoil as it wets and dries cover. For pheasants, undisturbed nesting cover is essen- and the limited ability of this soil to support a load. Septic tial and should be included in plans for habitat develop- tank absorption fields function properly, but community ment, especially in areas of intensive agriculture. Range- sewage systems should be provided if the population den- land wildlife, for example, deer and antelope, can be at- sity increases. Because of the moderately rapid permea- tracted by managing livestock grazing and reseeding bility of the substratum, sewage lagoons must be sealed. where needed. Lawns, shrubs, and trees grow well. Capability subclass This soil is not suited to urban or recreational develop- He irrigated. 10—Aankard sandy loam, 0 to 3 ment because of the flood hazard. Capability subclass percent on flood irrigated, VIw nonirrigated; Sandy Bottom ]and is a deep, somewhat excessively drained so plains at elevations of 4,450 to 5,000 feet. It formed in range site. stratified recent alluvium along streams and rivers. In- 11—, well r sandy loam, 0 to 1 percent slopes. This is ,700 eluded in mapping are numerous sand and gravel bars a deep, well drained soil on terraces m elevations bf the and small areas of noncalcareous soils. to 4,800 feet. It formed in alluvium deposited by the South Platte River. Included in mapping are small areas Typically the surface layer of this Bankard soil is brown sandy loam about 4 inches thick. The underlying of soils that have sand and gravelly sand in the lower material to a depth of 60 inches is pale brown calcareous part of the substratum. sand stratified with thin lenses of sandy loam, loam, and Typically the surface layer is grayish brown sandy loam fine gravel. about 11 inches thick. The subsoil is brown and yellowish brown sandy clay loam about 19 inches thick. The sub- Permeability is moderately rapid. Available water capacity is low. The effective rooting depth is 60 inches or stratum to a depth of 60 inches is loamy sand. more. Surface runoff is slow, and the erosion hazard is Permeability and available water capacity are low. moderate. The effective rooting depth is 60 inches or This soil is suited to limited cropping. It is sandy and more. Surface runoff is slow, and the erosion hazard is subject to flooding. Pasture is the best use. Tall wheat- low. grass, tall fescue, and annual sweetclover are some of the This soil is used almost entirely for irrigated crops. It most suitable crops. Light, frequent irrigation by furrows is suited to all crops commonly grown in the area includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes,and flooding is best. Commercial fertilizer improves the and onions. An example of a suitable cropping system is 3 amount and value of forage produced. The potential native vegetation is dominated by to 4 years of alfalfa followed by corn, corn for silage, switchgrass, indiangrass, sand bluestem, sand reedgrass, sugar beets, small grain, or beans. Few conservation prac- sideoats grama, needleandthread, and blue grama. Much tams are needed to maintain top yields. of this range site includes other soils and vegetation in All methods of irrigation are suitable, but furrow ir- such a complex pattern that it is difficult to map them rigation is the most common. Barnyard manure and corn- separately. Potential production ranges from 2,500 pounds mercial fertilizer are needed for top yields. per acre in favorable years to 1,500 pounds in unfavorable Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in years. As range condition deteriorates, the tall and mid grasses decrease; blue grama, sand dropseed, and forbs establishing trees and shrubs, can be controlled by cul- increase; and forage production drops. Undesirable weeds tivating only in the tree row and by leaving a strip of and annuals invade the site as range condition becomes vegetation between the rows. Supplemental irrigation poorer. may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival Management of vegetation should be based on taking half and leaving half of the total annual production. Seed- are Rocky Mountain juniper, eastern redcedar, ponderosa ing is desirable only in areas large enough to interseed or pine, Siberian elm, Russian-olive, and hackberry. The to prepare a seedbed. Switchgrass, sand bluestem, sand shrubs best suited are skunkbush sumac, lilac, and Siberi- reedgrass, sideoats grama, little bluestem, blue grama, pu- an peashrub. bescent wheatgrass, and intermediate wheatgrass are Wildlife is an important secondary use of this soil. suitable for seeding. This soil can be seeded by using an Ring-necked pheasant, mourning dove, and many non- interseeder or a firm, clean sorghum stubble. A grass drill game species can be attracted by establishing areas for is required. Seeding early in spring has proven most suc- nesting and escape cover. For pheasants, undisturbed cessful, nesting cover is essential and should be included in plans This soil is generally not suited to the establishment for habitat development, especially in areas of intensive and growth of trees and shrubs. Onsite investigation is agriculture. needed to determine feasibility and possible tree and This soil has good potential for urban and recreational shrub species. development. Lawns, shrubs, and trees grow well. The r ,,- r, 4:;1 : IP Pa B 1188 RI 02133619 03/10/88 15 :45 $6.00 1/002 i ?u 133619 F 0171 M)---IANN FEUERSTEIN CLERK & R ORDER WELD CO, CO • --- ---- I _. WARRANTY DEED State Documentary Fee , THIS DEED, Made this 23rd day a February . 19 88 . Date.j.:1Q_2.8 between y, jig..,,,,,,,,,,,,, PAMELA 1RENE VALENCIA, PEGGY JEAN BLATTER, -- MICHAEL WILLIAM MOODY, and RAYMOND JAMES MOODY of the • Comity of Weld ,State of Colorado,grantor(s)and • ..• DANIEL LEE OCHSNER and BARRY J. PAYANT whose legal address is P.O. Box 66, Eaton, CO 80615 of the County of Weld ,Stale of Colorado,grantee(s): WITNE,,SSETH,That the grantors),for and in consideration of the sum of ($85,000.00) EIGHTY FIVE THOUSAND AND NO/100THS DOLLARS, the receipt and sufficiency of which is hereby acknowledged.ha ve granted.bargained,sold and conveyed,and by these presents do grant, bargain,sell,convey,and confirm,unto the grantee(s), their heirs and assigns forever,all the real pmperty,together with improvements, if any.situate, lying and being in the County of Weld ,State of Colorado, described as follows: See EXHIBIT "A" attached hereto; together with all oil, gas and mineral rights; and all right, title and interest in and to that oi'1 and gas lease recorded in Book 1025 under Reception No. 1960878, subject to judgment liens recorded as Reception Nos. 02046292 and 93 in Book 1106 on Pages 0535 and 0536 (Civil Action No. 85-00873) indicating Ray Smith as the judgment creditor. EXCEPT: Taxes for the year 1988 and subsequent years, not yet due and payable; Condition (in Parcel 112) in patent recorded in Book 131 at Page 367; Right of Way (in Parcel 111) recorded in Book 975 at Page 354; All rights of access (Parcel 111) recorded in Book 1414 at Page 456; All rights of access (Parcel lit) recorded in Book 1413 at Page 619; Right of Way Easement (Parcel 111) recorded in Book 929* also known by street and number as: TOGETHER with all and singular the hereditament% and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and pmfits thereof,and all the estate, right. title, interest. claim and demand whatsoever of the grantees).either in law or equity,of,in and to the above bargained premises,with the hcreditmnenis and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee(s), heirs and assigns forever. And the amnions).for them selves their heirs and personal representatives.do covenant,grant,bargain,and acme to and with the granteetsk the it heirs and assigns,that at time of the ensealing and delivery of these presents,they are welt wired of the premises above conveyed,ha ve good,sure,perfect,absolute and indefeasible estate of inheritance.in law, in fee simple, and ha good right,full power and authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances,and restrictions of whatever kind or nature soever, excert *under Reception No. 1905996; Oil and gas lease recorded in Book 1025 under 1.1{ Reception No. 1960878; Affidavit of Production recorded in Book 1063 under C�� Reception No. 2003654; Affidavit of Lease Extention recorded in Book 1152 under , � , Reception No. 2095086. a P G , Ns The grantor!s)shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the 9,' grantee(s), their his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. aC' (2 \�0 be., v IN WITNESS WHEREOF,the grantor(s)have executed this deed on the dale set forth above. i D 1 9 : (telat!_..' 0 /1— --(a.deri ti 0 et< AC) N IN,.s'' PaRlel en -.V len is , �e Jean Blatter ^.a _ . O � Michael William Moody Raymond`"J des Moody G,, 't t )1 STATE OF COLORADO .-1,,..2.0,) ss. ,,::. County of !iceq h �,_ The.fish��7irrtilleient ants acknowledged before me this ✓'s day of February 19 88 . hijlaaa.laa..glrValencia, Michael William Moody, Peggy Jean Blatter and Raymond rwixondnitt itriN it" Witness my, and and official seal.. t James Moody. -;'1, pZARY' u+ ii3/�3f G11� 1 fe n7� o-�'° - Notary Public •'ih+n,kiivtr:'ittser 'City and" �v. r i - -- - - -- - No.032.Rev,t RS. WARRANTY DEED IFor Photographic Record) Bradford Publishing,5825 W.6th Ave..Lakewood.CO 80214—(3ur)'-13.69110 a-86 F14 B 1188 REC 021" 519 03/10/88 15 :45 $e 00 2/002 F 0172 MARY AN. FEUERSTEIN CLERK & RECORD] WELD CO, CO EXHIBIT "A" PARCEL #1 The South Three Hundred feet (S300 ' ) of that part of the Southwest Quarter of the Southwest Quarter ( SW1 /4 SW1/4 ) of Section Twenty-nine ( 29 ) , Township Five ( 5 ) North, Range Sixty-five ( 65 ) West of the 6th P.M. , lying West of U .S. Highway No . 85 and South of the South Platte River, in the County of Weld , State of Colorado. • All that part of the Southeast Quarter ( SE1 /4 ) of Section Thirty ( 30 ) , Township Five ( 5 ) North, of Range Sixty-five ( 65 ) West of the 6th P.M. , County of Weld, State of Colorado, described as follows : Beginning at a point on the East Line of said SE1/4 , Section 30 , Township 5 North, of Range 65 West , which is 300 feet North of the Southeast Corner ( SE Cor ) thereof ; thence South 300 feet to the Southeast Corner ( SE Cor ) of said SE1/4 ; thence South 88 Degrees 10 ' West, 1168 feet along the South Line of said quarter section to a point on the East Line of the County Road running Northeasterly across said quarter section; thence along the Easterly and Southerly line of said County Road North 16 Degrees 14 ' West 300 feet; thence East in a straight line to the Point of Beginning . EXCEPT right of way as granted by Deed recorded in Book 650 at page 125 and corrected by Deed recorded in Book 669 at page 415 , Weld County Records . EXCEPT parcel of land as conveyed by Deed recorded in Book 1414 at page 454 , Weld County Records . PARCEL #2 The Southwest Quarter of the Southwest Quarter ( SW1/4 SW1/4 ) of Section Twenty-nine ( 29 ) , in Township Five ( 5 ) North, of Range Sixty-five ( 65 ) West of. the 6th P .M. , County of Weld, State of Colorado. EXCEPT right of way as conveyed by Deed recorded in Book 998 at page 506 , Weld County Records . EXCEPT parcel of land as conveyed by Deed recorded in Book 1155 at page 610 , Weld Country Records . EXCEPT right of way as conveyed by Deed recorded in Book 1413 at page 617 , Weld County Records . • • • or rThcl • • I he prleled notllpne el Me form loperseed Ay the (piloted*Hell kettle Cemmhsles neC 11.1.x11 imt t1 N WM INIINUaINf.N N0V IMeUtlae\,llslll,IAN ON O MIN Went Mlle 1[MOUES alfyNE UMW. • VACANT LAND CON TRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) August 18 Igo I. he undersixned ti gent hereby acknowledges hosting received from Daniel Lee Ochsner and `Kerry J. Payant the aunt held 200.00 the TitlleeCompany of heCk Trust AccgL )t — !e be held by broker, to broker's escrow or trustee account, se earnest money end part payment for the following described reel *into In the County sf - Colorado,to wit: Township 5 North, Range 65 West of the 6th P.M. Section 31 : All land lying north of the Latham Ditch consisting of approximately 7.4 acres. A more accurate legal description to be - furnished by Title Company. Together with 1 /2 ofall mineral rights now owned by Sellers. Ianther with ell tenements and rights of way appurtenant thereto,and all Improvement*thereon and an fixtures of n permanent nature currently on the premiums except as hereinafter provided,in their p t condition,ordinary wear mid tenr excepted.and hereinafter vaned the Property. 2. The lerslgnedpereonts) Daniel Lee Ochsner and Barry James Payant (no Joint lennnte/tennnte In common), hereinafter celled Purchaser, hereby agrees to buy the Property, end the undersigned nwner(e), hereinafter celled Heller,hereby agrees to sell the Property upon the terms and conditions stated herein. 200.on lurebyreceiptedfori 3. The purchase price shall be U.S.05,000.00 ,payable as follows:; Balance of $14,800.00 shall be payable by Purchasers executing a note and First Deed of Trust payable to the Sellers. Said note shall be payable as follows: 1 ) On Oct. 1 , 1988 through Feb. 1 , 1989 - $280.00/month, of which $200.00 shall be credited to the principle balance and $80.00 shall be credited to accrued interest. 2) On March 1 , 1989 - $4,600.00 shall be payable and credited to principle. 3) Sept.1 , 1989 - $4,600,00 shall be payable and credited to principle plus accrued interest. 4) Sept. 1 , 1990 - balance of $4,600.00 shall be payable and credited to remaining balance, plus accrued interest. 5) Interest shall accrue at 11% per annum. 6) Purchaser shall have the right to prepay all or any portion of said. promissory note at any etime without penalty. /. Price to Include: mild the following water rights! all surface, flood and/or underground water rights, if any. .I N. If a new kettle to he obtained by rurebnser frets a third party,Purchaser ngrees to promptly and diligently(a) apply for such loran,(b)execute all documente and furnish all Information end doeumente required by the lender,and IN pray the customary costs of obtaining such lean.Then If such loan Is not approved on or before N/A , Ie„et if ee approved but is net available et time of closing,this contract eheil be null end void end all payments and • things of vnlue received hereunder shall be returned to Purchaser. n. If a note and trust deed or Inertgege le to be ameumed, ruiner agrees to apply for a loan essumptlon It gr required and aees to pny(1)•loan transfer fee not teemed; N/A and 12)an Interest rate not to exceed 96 per annum.If the loan to be Resumed has provisions for altered equity or variable Interest rates or von bible paymenle,lids contract its conditioned upon Purchaser reviewing and consenting to such prorittinns. If the lender's cement to a loan aseumptlon is required,this contract Is conditioned upon obtaining ouch eaneent without ehmlge do the terms and conditions of such loan except as herein provided. 7. If n tole Is to be made payable to Seller ON partial or full payment of the purchase price,this contract Anti not bs assignable by Purchaser without written eminent of Seller. fl. Cost of any appraisal for loan purposes to be obtained after this dale shall be paid by Purchaser ec ei • ------ el) Ne.SC 21-2.31.f,ulreel l•Nq eel Nell Ned L.Ide(Twee'WO aredreed Pehihhlex Ca,IMO W.Nth A ee.,Lekemel,Coloreds 00211—10031233.01100—eel • U. An nbatrun of title l,a the Property,certified to date,or o current commitment fur title Insurance fatality in an MI 44444 111111.1 to llie purclmm) price at Seller's option and expense, *boll be furnished to Purchaser on or beima _ August 26_,1088 .If Seller elects to furmlala said title Insurance corumtkmoal,Sailer will &lam I he title 11114111 0010 policy to Purchaner after clueing anti pay the premium thereon. • to. The dole of dosing shall be the date for delivery of deed w provided in parograph 11.The hour raid place et closing shall he us designated by The Parties Hereto _ -----• I I. Title shall be mm clmntable in Seller,except an stated In this paregrnplr ao41 ha 1111111x10phs 12 and 13.Subject lu payment or tender on above provided and compliance by Purchaser with the other terms and previsions hereof, Seiler nhull execute and deliver a a I and sufficient general ___ warranty warranty deed to Purchaser on . _ AU9USt 23 IU 88 ,or,by mutual agreement,at an earlier date,conveying the Properly free 111111 clear of all luxes,except 010 general taxes for the year of closing,and except none —; free and ricer of 011 liens for special Improvements In:dulled ate of the dote of Purchaser',signature hereon, wiotaer nsnessed ur not;free and clear of sa lieu'and encumbrances except . none except the hollowing r:huh:tire covenattle which du nut contain a right of reverter; of record, if any mad except the following npecinc recorded a11dlor apparent easements: of record, if any, existing roads and public highways, established easements and oil , gas and mineral reservations and conveyances of record, also burdens of existing fire protecti n 11nd nnbj✓1•i Fal:Gai9:�i,5g n;i01,Licii anfsimm11,Lhon districts and any other improvement districts. 12. Except nn 811111,41111 paragraphs II and 13,if title is nut merchantable and written notice of dv(ectis)la given by Purchaser or Purchaser'a agent to Seller or Seller's natant on or before date et clueing, Seller shall use reosomable effort to correct maid defect(s)prior to date of closing. It Seller Is unable to correct said defect(s)on or belure date et cloning,at Seller'n option and upun written notice to Purchaser or Purcbaner's agent on ur before date of clueing,the dale of clushng shall Le taxlcmded thirty days for tlo attrpoae of correcting said thirtieth.).Except as staled In paragraph 13,If Nile in not rendered 1110-chnulublu na provided ht this paragraph 12,at Purchaser's option,rich contract*hall be void and of nu effect and each Patty hereto shall be released 110111 all obligations hereunder suJ ell payulspts and things of value,delved hereunder shall Le returned to Purchaser. la. Any encambluocu renuh•ed to be paid may be veld at the time of settlement from the proceeds of W4 lroasueti0a air (rum any other suurce. Provided, however, at the option of either party, If the total indebtedness secured by lia•ns ort the Property exceeds the',unbent)price,this contract shall be vuid and of a1.ellect and each purls 111:101111111011110 I Uir•0ned(rum all obligations bureu tier and all payments and things of value r41eelved hereunder.11011 be 11:1111111•1110 Purchaser. 11. General taxes fur Lie. year of chasing,booed on the moat recent levy and the moat recent assasnuleul,preprlJ rents,enter rents,newer reads,ILIA aurlguge 111841'ellea preunhuaue and interest un encumbrances,If any,11ad __ _ shall be apportioned to date of delivery of deed. ^I6. I'0eseesiun of the 1'ruperty shall be delivered to Purchaser oat date of acceptance of thi s contras subject to t e fuiluwing lecen or temmeica; oil , gas and mineral leases, if any. In. in the event the Property in substantially damaged by fire, flood or other casually between the dote of tlls witted and the date of delivery of deed, Purchaser may elect to ternl11ate this centred;in which case ell payments and(hinge of value received hereunder shall bu returned to Purcbnner. )7, Time Is ur Ilse ennunce hereof.If any nuke or check received as enraeet money herealn4ar ur 11ny 01114111111y11.0111. due battv11udcr Is ant Wild, hMIIMItJ or tendered when due,or I(any ether obligation hereunder I* nut PUS NI WSJ as herely pruxdJcd,t here shall be the fallowing remedies: lel IF SELLER IS 1N DEFAULT,(1)Purchaser soy elect to treat this contract as terminated,la wlJcb caw aq Payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover nnlch Managua an may be proper,or(2)Purchaser may elect to treat title contract as being In!11111111“0 111111 lain& 1111)l'1110101101 111i1111 have the right loon action for specific performance or damages,or bath. lid IF PUUCHASElt IS IN DEFAULT,(1)Seller may elect to treat this contract an terminated,la which cans MI payments and things of value received hereunder shall be forfeited and retained on behalf of Sailer and Seller may recover such damages as any be proper,or(2)Seller may elect to treat this centred.es being in full lucre staid effect mud Seller ahntl have the right to an action for specille performance or damages,or both. (c) Anything to the contrary herein notwithstanding, In the event of any litigation anrl,lug out of this contract,the court may award to the prevailing party ail reasonable costa and expellee,Including attorneys fees, I((. Pin chaaer and Seller agree that,in the event of any controversy regarding the earnest money held by balker, not red to take any Wildeyproceeding,urintabroker a option and discretion,en Is received by broker,ay inte interlaced y u oneyslor things of value Into court r�J uaY au)'proceeding, recover court coats and reasonable attorneys'fees. sir r,1 4!': 4 • • In. Additional provisions: 1 ) One of the Purchasers is a licensed Colorado real estate broker working at Payant Real Estate Co. ; Sellers have relied solely upon their own information, opinions and beliefs as to the value of the subject property and have sought such counsel as they determined appropriate; Sellers have not relied on any statements, representations, proposals or information supplied by the Purchasers; Sellers are not liable for th payment of any commissions to any person or entity as a result of this sale; Purchasers are not acting as the agents for the Sellers and are purchasing this property for their own account with the expectation of making a profit. 2) Sellers shall grant a right of way easement to allow ingress and egress to the subject property from Weld County Road 394 by way of old highway 85. 2(1. If this proposal is accepted by Seller In writing and Purchaser receives notice of such acceptance on or belly! AU9U5_t1Q_, ini38_,this Instrument shall become a contract between Seiler and Purchaser and shall Inure to the the mum(and assigns of sash parties,except as stated In paragraph 7. o fv9-,P Broker ''""'' D m 1 Lee Ochssner uar c„ qci By: t,,..,: ua7 .r Ba ry . Payant Purchaser's Address P.O. Box 66 Canon- CO 80615 (The following section to be completed.by Seiler and Llating Agent) 21. Seller accepts the above proposal this /, day of,76----tier,G-f� ,I D`fYand agrees In pay n cmnndeelon of dF of the purchase pried?or services In this transaction,and agrees that,In the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission,and the balance to Seller. ,'eriier er, Seller's Address Listing Broker's Name and Address 9COfi 1a • - LEGAL DESCRIPTION A parcel of land being all that part of the Northeast Quarter ( NE1/4) of Section Thirty-one (31 ) , Township Five (5 ) North, Range Sixty--five (65 ) West of the Sixth Principal Meridian ( 6th P.M. ) , Weld County, Colorado lying North of the Northerly Right- of-Way (ROW> line of the Latham Ditch and being more particularly described as follows : BEGINNING at the North Quarter Corner (N1/4 Cor) of said Section 31 as monumented by a BLM type standard monument and stamped #22098, and considering the North line of the Northwest Quarter (NW 1/4) as bearing North 88° 52'02" West as determined by a solar observation on February 26, 1988, with all other bearings contained herein relative thereto: Thence North 88° 03' 06" East along the North line of said NE1/4, 2350 .93 feet to a point on the Northerly ROW line of the Latham Ditch; Thence along said Northerly ROW line by the following Ten ( 10 ) courses and distances South 60° 38 ' 35" West, 326 .50 feet South 67° 35 ' 27" West, 230.75 feet South 56° 40 ' 27" West, 339.83 feet South 81° 01 '55" West, 269.98 feet South 89° 59' 09" West, 271 .72 feet North 82° 41 '57" West, 249.30 feet South 87° 29' 29" West, 270. 97 feet South 31° 46'26" West, 259.71 feet South 56° 13'21" West, 195.95 feet South 73° 10'52" West, 214.63 feet to a point on the West line of the said NE1/4; Thence North 00° 27' 59" West along the said West line, 769 .07 feet to the TRUE POINT OF BEGINNING . Said described parcel of land contains 21 . 223 acres, more or less, and is subject to any rights-of-way or other easements of records or as now existing on said described parcel of land . SURVEYOR'S CERTIFICATE I hereby certify that this legal description was prepared under my personal supervision, and that it is true and correct to the best of my knowledge and belief. / -o�pQ REg�SI•!, i• O °°°° 8 °°„o0e0.44. • Charles B. J nes �' _ ffg .%° Colorado R-gistered Land Surveyor #2209 .1 ° .. :Q cr; ,{�° ' AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property see attached legal description STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within • five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission ate. The foregoing instrument was subscribed and sworn to before me this 3 I day i /OCLt c , 19g, bje Qarry • Pct.—At-- WITNESS my hand and official seal . My Commission expires : My Commission expires rebruary 23, 1993 Notar ublic 9C.CS11 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Han,/ z_ 18yo q9+" St ©9613n q 00003 <pro Q tei 5063 % TQGk12 Mcore 13 57 Aue.E7 n 90 l3o ya I O aq gree.fey - re)63 Thu rmain Nays I k 7_ w1✓2 39V O 96 3 w I c000a c/ eonol:Qa_ Met (soy\ Lia_ci1 e Ca . 106y5 D96 / it WbOZ A) IS 3. -1 R u etc. BrariTne r 13 20 9 ra.nfn•e r ed. O96/3n Y0000.S Gree 1Qy Co. 80631 9,C ry (7n AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property see attached legal description STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this 3/ day of 014.4,c4?_ , 19e. WITNESS my hand and official seal. My Commission expires: My Commission expires February 23, 1993 Not Public �Ulck — n JJ -, cn Qr. �cr ��1'1,iv, DETAT: rL . MAR 3 1989 .KENT %T PLANK-,N6 SERVICES ..nth (Ziteret Weld LO. �lartnp� yruptwssinn Deter .(,uraty COMIT1isai,-=n.-rs : L-LE: Al rNA A. _ _ , _ . • i%.. i EW for r 'rl 11 vi the 1-Dar. .. .�i r'1 Jl ;-.t1 ,t , rar _. •s� , 1��a t1 �= _-:•� )✓'Val ( - i � i _ O Tr ."; _ Ly aJL1Jt-I- LL[Fti L.' due , ; - _c_ 1 . , he.., '- �`. ; �:1 c.uyt ,rt.- v , -,.❑ 'at r. r, tiff - ,12,- : _. . hpa ever ' _. , L. t n:•„ rte.. 1 t1Hq rzll,- tra.-i.tut ' a 'ilit3. ef_r' . T L Ci 11mea in ,•. r _= _ nn with , _ ' ivl , --H , FF.A �hir� r ae.f - iinv,h . ni-ty act Thh, arena wi11 be immpi -, A ID r , 1_989 PH.1 _ _, =1 it ityiliv,de - i . Hier ' able , ric .�r._ re _ .t I. 0- _.ire ; Ca-Q- DCS - ,_ "CY -144\ / •le, Setae, &Mete TOWN HALL r • i 119 MAIN P.O.BOX 717 LA SALLE,COLORADO 80645 PHONE: 303-284-6931 ClOORATE- April 6, 1989 Brian J. Bingle Weld County Colorado Department of Planning Services 915 - 10th Street Greeley, Colorado 80631 RE: Case #USR-878 Dear Mr. Bingle, The Town of LaSalle has received the Referral for Daniel Lee Ochsner and Barry J. Payant. As per your conversation with Town Clerk Dana Stencel , on April 5th, we have no objections to them proceeding with there proposed plans, but are NOT giving approval . We will take advantage of our right to re- view this proposed use and do so at our next Planning and Zoning Commission meeting, which is scheduled for Thursday, April 20th. The Commission will make its recommendation to the LaSalle Town Board on Tuesday, April 25th. We will have an answer to you April 26th. Sincerely, p, Kathy Ells Planning & Zoning Secretary KE/ TR-95-FR7 APR 7 1989 Weld tn- gininunti a mnatm EIN Y:.^ ApiL 2 . 1989 Wr. - -_.I.,. _ _:w1'. , 1'is. 7 VI Dear tian , ,t PRIOR TO APP1-<OVAL u t'l-' :�_ E3 to our telephne onversation earier .. V_i d 1 , .i e . _De known TY]el f. we are acting on r:'ur cywrt 1Y11:T.;,v�{r. 1 o:1 in pursuing i. i :.-; recrt'r-:tt.1c"•'al _.«.'VE'iopIt:eni . l'l'.:S '4i:er'1, r�• , ./ fuly 11trk.i4.'.. 4teanj that 1_' County Commissioner .:;lrli_t � 6. :2%'i.r''1 l: 6. ny our r qCiF:it , ;'ne i E'cr dt .ional faci l i a will Wij mid OO./1O1'i,a___ Daniel ee Ochsner iirig.Fg\e91 ii ARR 5 1989 >_.._ _ Veld Co. Plusul w►eigsssiui cli 'A.l_ ciTY OF .� .. CITY OF EVANS 4••1IS - 3700 GOLDEN STREET P.O. BOX 59 EVANS EVANS, COLORADO DO 80620 9 FOUNDED INN NOME RULE 1973 COLORADO March 28, 1989 To Whom It May Concern: The parcel of land described in the proposal is of some interest to the City of Evans. In a Master Plan devised by Colorado Greenway, there is a proposed plan to have a trail from the Weld County Airport to LaSalle along the Platte River. In Evans, the first phase of this trail will begin at Evans Riverside Park which is located to the east of the parcel of land described in the proposal. The City of Evans will be interested in the future in gaining easements rights to complete this trail system. We could support a recreation area to help develop more use along this corridor. Sincerely, John "Wally" Piccone Director of Parks and Recreation WP/kms DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ik 91510th STREET GREELEY,COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, June 5, 1990, at 10:00 a.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Daniel Ochsner and Barry Payant LEGAL DESCRIPTION: Part of the NE} of Section 31 , part of the SE} of Section 30, and part of the SW} of Section 29, all in T5N, R65W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: Recreational facility in the A (Agricultural) Zone district LOCATION: Approximately 700 feet south of the City of Evans, 2, 100 feet north of the Town of La Salle; west of U.S. Highway 85, and north of Weld County Road 394 SIZE: 55 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on June 5, 1990. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Ernie Ross, Chairman Weld County Planning Commission. To be published in the New News To be published one (1) time by May 24, 1990 Received by: Date: �.. a NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hod a public ' hearin ,on Tuesday,June 5, 1990 at ]0:00 a.m. for the p of considering a Site Vic Development Plan and a pecial Review nei for the • STATE O F COLORADO } p�y nay wcrea�eC°ae vested S S . gig:rado Lawght pursuant to APPLICANT: Daniel ()chimer and i COUNTY OF WELD } i Pa ant k.: RIPTION: Part of tbe NE1/4 of Section 31, part of ��. the Sel/4 of Section 30, and pertj kr) p, of the SW1/4 of Section 29, all in T5N, R65W of the 8th p.m., Weld (V1�� County Colorado ( 6 � TYPE' AND INTENSITY OF id v ) 'Q ✓�$ e i n g PROPOSED USE: Recreational facility� in the A (Agricultural) dully sworn, says that t e/she is Zone district LOCATION: Approximately 700 publisher of the New N e s, a weekly feet south of the city ofvans 2,100 feet north of the Town ad newspaper published in Keenesburg Lasalle; west of U.S. Highway 85 i n said County and State; that said north of weld County toad . SIZE:55 acres,more or less . newspaper has a general circulation The Aublic hearing will be held to I.. the 5ye1d County Conmdsaioner's :. in said County and has been c o n t i n— Hearing Room, Finst Floor, Well County Centennial Center, 915 o u s l y and uninterruptedly published Tenth Street, Greeley, Colorado. • Comments or objections related to therin during a period of at least ue�>�ea ��at st►�Wbe eld fifty—two consecutive weeks prior county Department- of Planning Services, 915 Tenth Street, Room to the first publication of the 342 Greeley, Colorado• 80631 before the above date or presented annexed notice; that said newspaper it the public hearing on June 5, is a newspaper within the meaning Copies of the application are available for public inspection in of the act of the General Assembly the Department of Planing of the State of Colorado , entitled Services,n nalR°°Ce'ntter' 915 CTenntth Street, Greeley Colorado 80631- P Ch P"An n Act to regulate the printing Phone356-400,Extension 4400. Ernie Ross, airman of legal notices and advertisements , " Weld County Planning Commission To be published in the New News and amendments thereto that the to bempumbithed one a) time by notice o f which the annexed i s a Published in The New New* w1y t 10'1960 printed copy taken from said news- }., paper, was published in said news- paper, and in the regular and entire . issue of every number thereof , r once a week for successive r week( s ) ; that said notice was so published in said newspaper proper 1'' and not in any supplement thereof, t- r: and that the first publication of ., said notice as aforsaid , was on i the ) 0 day of ill C.L.� , 19 Ci y , and the last of the 1 () I� d a o 'f\ I 6I0Pfd j=f V , • 9-7/- �: Subscribed and sworn to before me this /U a._ day of h 6t i , 19 `` ,t620-1..0.24 v(. el: L�.�I r5—r!' ,„ JUN 11990 ,wqL —N , Otr C�a'�, -�- L.J1 . . .•r i Ytehr Co. Plad...th u,,,iNSii,.. ,• Affidavit of Publication STATE OF COLORADO " County of Weld ss. i A.Winkler Meisel of saki County of weld being duly sworn.say that I am publisher of PLATTEVILLE HERALD that, the same is a weekly newspaper of general circulation was printed and published in the fawn of NOTIC[ le MSC WARPS PLATTEVILLE valor W. 'M able in said county and state that the notice of advertisement,of which sip hold a pu�hen an TOWS, the annexed is awe copy has been published in said weekly May x,19p9,et 1:50 pm.for Uet Par- newspaper for peso of anMirhl5.e SRI BPS® Developed.*Plan and'Special Wow C__, consecutive weeks: permit to tM poPorb aufboll belw..APp►sel ot,the reword we that the notice was published in the regular and entire taste of nay erode a reetedeleeerte right PraNwg number of said newspaper durkng the period and time of publication to Colorado Law. of said notice and ins the newspaper proper and not in a supplement AFlKM;M(f:Daniel Oclrner and Ste, thereof:that the first publication of said notice was contained in the Parma of said per bearing the date of f� LEGAL DESCRIPTION: Part of the la rtfeAwiE.M MWOWSal ��--A.D..19 J/ and the last publication th f.m the lave of said newspaper.bearing date, ilafdlGal0.wrd�geMdleaMfl/NaFlMe low 1K tr TEN.11189 el Mn-dal th V�-eta of rm., 6d.way etY.cols r)} TenUR:ANQ1 heed t PP►la Ow A 19� that the said �Gre adr� [n Ma A PLATTEVILLE HERALD LOCATION: Appoxlm'by 700 feet sigh of the City of Evans.2,100 feet has been published continuously and uninterruptedly during the north of the Town of LaSalle,west of period of at least flfty-two comecutrie weeks next prior to the first U.S. K ap 0S, and north of Weld County Rob ' Issue thereof containing said notice or advertisement above referred to: and that said newspaper was at the time of each of the SIZE:SS saes,career lees. publications of said notice duly qualified for that purpose within the meaning of an act entitled. "An Act Concerning Legal Notices. The punk hearing will be hettl In the Advertisements and Publications and the Fees of Printers and weld Candy CanrdeebnsrY-deem. Publishers thereof, and to Repeal all Ac - ,... _ of Acts Sawn.First Floor.weld Chap Canton- Cornet with the Provisions of t"a. .. Ap 7, 1921 • Net Center.915 Tenth Street.Greeley. all amends= thereof, and as en. d by ac relColorado.t e axnsotG ue obladfons a . 923,and a. .1 suetMed air'bowr thequest Weld ld Ce M submitted inmiMweld cowb Teporfined 8 Planning Services,91 Tenth BpoGL Ream 312,°realer.COF F‘fisher erado 106►1.before the above dote or C� . presented at the punk Marini on May x'19e9. S c be, and sworn to before me this an'day of . A.TI 1 �'Y Copes of the application are available for nubile Inspection In the Oepartmem L/� el Planning Sendai,Room Sex,Weld Coup Centennial Corder,915 Tenth Street. Greeley, Colorado 8)631 Notary Public Phan-3!64000,Extension 4400. 4 1 5 E N V E AVENUE gd~wProw%in"rmakiye■ FT. LUPTON, CO 80621 lallawellx wiOw�� My commission expires June 1992 L..-y r ' is 'i L'�.• ^::jiff✓,l me 30,,a UCi92 � ,IG7lt�Vtr qce,~�y~r I;V�r APR t "7 1989 I ;Veld CR. puma„, „ffilmis,"it ct • DEPARTP "NT OF PLANNING SERVICES ( • PHONE(303)356-40005 T.4400 10th STREET GREELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, May 2, 1989, at 1 :30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Daniel Ochsner and Barry Payant LEGAL DESCRIPTION: Part of the NE} of Section 31, Part of the SEt of Section 30, and part of the SWI of Section 29, all in T5N, R65W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: Recreational facility in the A (Agricultural) Zone district. LOCATION: Approximately 700 feet south of the City of Evans, 2,100 feet north of the Town of LaSalle, west of U.S. Highway 85, and north of Weld County Road 394. SIZE: 55 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on May 2, 1989. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Bud Halldorson, Chairman Weld County Planning Commission To be published in the Platteville Herald To be published one (1) time bl /� ft Date: 12, 1989 e QT4(D�p / Received by: �il 1 l (j A Date: y/-7 / ) f l - r `' - MAILING LIST Daniel Ochsner and Barry Payant USR-878 Harry Betz 1840 49th Street Greeley, CO 80631 Jackie Moore 1357 43rd Avenue, #7 Greeley, CO 80631 Thurman Hays c/o Ronolda Neilson 18862 Weld County Road 394 La Salle, CO 80645 Louis J. and Burtis Brantner 1320 Brantner Road Greeley, CO 80631 Daniel Lee Ochsner 2888 Bluff Street, #186 Boulder, CO 80302 Barry J. Payant P.O. Box 703 Eaton, CO 80615 ': ..4.. 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 the case #USR-878 for Daniel Ochsner and Barry Payant in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 4th day of May 1990. C)o,,d T0: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, June 5, 1990, at 10:00 a.m. in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 loth Street, Greeley, Colorado, concerning the request of: CASE NUMBER: USR-878 APPLICANT: Daniel Ochsner and Barry Payant REQUEST: Recreational facility in the A (Agricultural) Zone district LEGAL: Part of the NE} of Section 31, part of the SE} of Section 30, and part of the SW} of Section 29, all in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 700 feet south of the City of Evans, 2, 100 feet north of the Town of La Salle; west of U.S. Highway 85, and north of Weld County Road 394 For more information call Keith A. Schuett, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 a 4 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 the case #USR-878 for Daniel Ochsner and Barry Payant in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 4th day of April 1989. TO: SURROUNDING PROPERTY OWNERS OR OWNERS AND LESSEES OF MINERALS IN ACCORDANCE WITH WELD COUNTY'S NOTIFICATION REQUIREMENTS. The Weld County Planning Commission will hold a public hearing on Tuesday, May 2, 1989, 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: CASE NUMBER: USR-878 APPLICANT: Daniel Ochsner and Barry Payant REQUEST: Site Specific Development Plan and a Special Review permit for a recreational facility located in the A (Agricultural) Zone district. LEGAL: Part of the NEk of Section 31, part of the SEk of Section 30, and part of the SWk of Section 29, all in T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION Approximately 700 feet south of the Town of Evans, approximately 2, 100 feet north of the Town of LaSalle, west of Highway 85, and north of Weld County Road 394. For more information call Brain J. Bingle, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 fil.r 4 gym, e✓� �c9 USR-878 DANIEL OCHSNER BARRY PAYANT SURROUNDING PROPERTY OWNERS SURROUNDING MINERAL OWNERS Harry Betz 1840 49th Street Greeley, CO 80631 Jackie Moore 1357 43rd Avenue, 117 Greeley, CO 80631 Thurman Hays c/o Ronolda Neilson 18862 Weld County Road 394 LaSalle, CO 80645 Louis J. and Burtis Brantner 1320 Brantner Road Greeley, CO 80631 Daniel Lee Ochsner 2888 Bluff Street, #186 Boulder, CO 80302 Barry J. Payant P.O. Box 703 Eaton, CO 80615 OC'C5 t. NAMES OF OWNERS OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE NAME ADDRESS, TOWN/CITY STATE AND ZIP CODE Daniel Lee Ochsner 2888 Bluff St. #186 Boulder, CO 80302 Barry J. Payant P.O. Box 703 Eaton, CO 80615 rt pe,r,.a 9 PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE 11 4 THE SIGN WAS POSTED BY: big"MI EL Oc Ht/U E-‹ NAME OF PERSON POSTING SIGN SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS S DAY OF 3,c, ‘„ , *.A"G ' 19 3 e ` .. ct ‘10TA R;•.:O tc: 'U© NOTARY PUBLIC MY COMMISSION EXPIRES MY Commissioil Expin fib. 13. 19'3 LAST DAY TO POST SIGN IS: (, /i- t , 19_ a:T Uri 'r i � INTERNAL CASE MEMORANDUM T0: Case File FROM: Brian J. Bingle Current Planner NAME: Daniel Ochsner & Barry Payant LEGAL DESCRIPTION OF PROPERTY: Part of the SE} of Section 30, T5N, R65W of the 6th P.M., Weld County, Colorado DATE: September 11, 1989 TIME: a.m. CASE NUMBER: USR-878 and VI-1251 Mr. Ochsner dropped by the office this morning to notify staff that he and Mr. Payant will be filing suit for the acquisition of land north of Weld County Road 398. Mr. Ochsner indicated that a copy of the case will be submitted to the Department of Planning Services upon availability. 9( Cr 1-4- Barry J. Payant P.O. Box 66 Eaton, CO 80615 454-3452 June 1 , 1989 Weld County, Colorado Department of Planning Services 915 10th St. (Room 342) Greeley, CO 80631 Legal Description: Pt. SE* of Section 30, Pt. SW'-o of Section 29, T5N, R65W of the 6th P.M. , Weld County, Colorado Dear Mr. Bingle: This letter is to inform you of the correction of the zoning violations on the above property. We apologize for the violation, it was a result of miscommunication on our part. Yours truly, 51fici_plyt ftt4C:e" itert/ Barry J. Payant 0 0`�"�a- up ,0-R7 JUN 2 1989 [I Weld Co. Plano nt Commissum Hello