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Home My WebLink About900610 22 : 2: y 9j :S t A ' 4 pr •t a: . f. 3a-3E:. 9E,7 _ e ' EE e s E:'9 u: • m o ?i Ea .E Ei �i 3i, e E. 3E2a3E2 : -i}: it o if iE is i a3 a a.i i 1 _:fi'si PI' � v -2# B 6 -e. EE Ej E f, a it a ? EF:: 'i:" '•5e2 w g '- [e i2 i Ei : a als-5 6:.:: ^ _ e a: .j : i E: 7 . :.4 3 -c+3ai€:° E2! E. u e i 3, Ef - . . i .s Ai a z; r1A !222 2 o s en - •: : E a:4:=; IEFMP..I !3pig : id •E 9sE 1 .9 ESi .3 eii 61.24`.2. ri' p 3 s,Y E iL if f'j :.,i >� :;� 5 fs,.2:e;; E6a: € Ei ii s F2, 2L del 15 a Fif:2i l'i 21ai3 F.E 9 : 9 R '5 S : a 1 1 : d -. 9 i 1 `a> 'E, 's 33 2 :3' a` :: xi iii a i a _ a::. -42 .2 .E. .:B 6 s 8i ° 1ss 2- P - .Cilia . £' '„ a'...;2 a �. -55' '.7 . 2if -7' •g' , _ . q. 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NELSON 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 Steven H. and Kim M. Nelson, 7510 Hygiene Road, Hygiene, Colorado 80533 , for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment (tractor and farm implement sales and service facility) in the Agricultural Zone District on the following described real estate, to-wit: Part of the E} SE} , Section 6 , Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicants were represented by Fred Otis, 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 applicants 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. PL0780 900610 �L07S0 Page 2 RE: USR - NELSON 2. It is the opinion of the Board of County Commissioners that the applicants have shown compliance with Section 24. 4. 2 of the Weld County Zoning Ordinance as follows: a. The proposed Special Review Permit area is located within the urban growth boundary of the Town of Platteville. The Platteville Planning Commission stated in its referral response, that the proposal does comply with their comprehensive plan. b. The proposed use is consistent with the intent of the Agricultural Zone District. The proposed use is an agricultural service establishment and is provided for as a Use by Special Review in the Agricultural Zone District. c. The applicants have demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. The site is an abandoned gravel pit and has not been used for agricultural production. d. The use which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area. Surrounding land uses include Weld County Road 25} , U.S. Highway 85 , oil and gas production, agricultural production, and two rural residences. Conditions of Approval and Development Standards will ensure compatibility. e. No overlay districts affect the site. f. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment (tractor and farm implement sales and service facility) in the Agricultural Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 900610 Page 3 RE: USR - NELSON 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Special Review permit plat: a. The plat shall be amended to designate the outside storage area. b. A screening plan shall be submitted for the outside storage area and shall be approved by the Department of Planning Services. c. An erosion control plan, approved by the Platte Valley Soil Conservation District, shall be submitted to the Department of Planning Services. d. A drainage plan, approved by the Weld County Engineering Department, shall be submitted to the Department of Planning Services. 4 . Prior to any new utility line or connection within the State Highway right-of-way, the applicant shall obtain a Utility Permit from the Colorado Division of Highways. 5. Prior to the issuance of building permits: a. The applicants shall submit evidence that a legal source of water is available for the proposed use. b. The applicants shall submit evidence to the Department of Planning Services that the requirements of the Division of Water Resources have been met. d. The tree branches, tires, pieces of metal, and other junk on the property, including the inoperable crane, shall be removed. 900610 Page 4 RE: USR - NELSON 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. ,,,�19990. kg�G BOAR OF COUNTY COMMISSIONERS Jy / ATTEST: WEL OUNTY, COL RADO Weld County Clerk to the Board Ail le Gene R. Brantner, Chairman t: `13X: alt-i/u�, �c�c�te� Ge ge Ke nedy, Pro-Tem �eputy Clerk tb the Board APPROVED AS TO FORM: Constance L. Hail) t C ---__->'\ C.W. DATE OF SIGNING - (AYE) C.W. Kirby County Attorney EXCUSED DATE OF SIGNING - (AYE) Gordon E. Lacy 900610 DEVELOPMENT STANDARDS STEVEN H. AND KIM M. NELSON 1 . The Site Specific Development Plan and Special Review Permit is for an agricultural service establishment (tractor and farm implement sales and service facility) in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The property shall be maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 4. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers. 5. Any outside storage of parts or dismantled or inoperable machinery shall be screened. The property shall be maintained in compliance with the screening plan approved by the Department of Planning Services. 6. The building to be constructed on the property shall be painted in earth-tone colors and shall be maintained in a neat and orderly manner through building maintenance. 7. All sales and repair operations on the Special Review site shall be conducted only between the hours of 8: 00 a.m. and 6 :00 p.m. This restriction shall not apply to operation of administrative offices or repair facilities totally enclosed in a building. 8 . Equipment in the display area shall be placed in neat and orderly rows with a minimum twelve (12) foot aisle between rows. 9 . Waste oil, waste paints, stains, treatments, 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. 10 . No permanent disposal of wastes shall be permitted at this site. 900610 Page 2 RE: DEVELOPMENT STANDARDS - NELSON 11 . The septic system(s) for the proposed office shall be designed by a Colorado Registered Professional Engineer according to the weld County Individual Sewage Disposal Regulations. 12. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 13 . Fugitive dust shall be controlled on this site. 14. The maximum permissible noise level shall not exceed the industrial limit of 80db (A) , as measured according to 25-12-102, Colorado Revised Statutes. 15. The facility shall provide an employee restroom with adequate toilets serviced by an approved sewer treatment system. 16. The property shall be maintained in compliance with the requirements of the State Engineers' Office, Division of Water Resources. 17. The property shall be maintained in compliance with the requirements of Panhandle Eastern Pipe Line Company. 18 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 19. The use shall not occur on the property until the portion of the site south of and including the access road is brought up to grade. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 21 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 22 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 900610 Page 3 RE: DEVELOPMENT STANDARDS - NELSON 23 . 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. 24. 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. 900610 HEARING CERTIFICATION DOCKET NO. 90-23 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (TRACTOR AND FARM IMPLEMENT SALES AND SERVICE FACILITY) IN THE AGRICULTURAL ZONE DISTRICT - STEVEN H. AND KIM M. NELSON 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 18, 1990, and duly published June 28, 1990, in The New News, a public hearing was conducted to consider a Site Specific Development Plan and Special Review Permit for an agricultural service establishment (tractor and farm implement sales and service facility) in the Agricultural Zone District. 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 five Conditions and twenty-three Development Standards. Fred Otis, Attorney representing the applicants, came forward to explain this request. Kim Nelson, one of the applicants, also came forward to explain their reasons for this request. Commissioner Lacy asked questions about the fill dirt being used to raise the grade level. Ms. Nelson explained that approximately two acres of land was being raised according to the Army Corps of Engineers standards. She also stated that the water supply would be used for bathroom facilities only. Ray Mora, surrounding property owner, made comments on similar businesses in the area. He also questioned whether the Nelsons are in violation of the Wetlands Act. Ms. Curry said they are not. Juanita Carter, surrounding property owner, expressed concerns about the safety of her children and water on the access road. Scott Carter, surrounding property owner, stated the concerns of Kenny Miller, a neighbor who was unable to attend. Commissioner Kennedy questioned why the storage area is to be four feet below grade. Commissioner Harbert questioned the drainage. Ms. Curry said the drainage would be approved by the Engineering Department and the erosion control would be approved by the Soil Conservation District. Mr. Otis explained that the area is zoned agricultural and not residential, and that the access road would not be under water. Ms. Nelson said after the application of the fill dirt is complete, the ground will be at the same level as the Mora's property. She also explained the reason for the four-foot fence which will be four feet below grade level for the storage area. Mr. Carter made further comments on the water level. Ms. Nelson said the Army Corps of Engineers did a survey on the wetlands which told the water level. Mr. Morrison said the Health Department has also taken soil samples to determine the water level. Commissioner Lacy moved to approve the request for a Site Specific Development Plan and Special Review Permit, subject to the Conditions and Development Standards contained in the Planning Commission's recommendation, and stated his reasons. Commissioner Kirby seconded the motion. Commissioner Kennedy stated that he would vote against the motion because he does not feel that this land is ready for this type of use. Commissioner Kirby asked if any building permits would be issued before the land is filled. The 900610 Page 2 RE: CERTIFICATION - NELSON motion was amended to add Development Standard #19 to read as follows: "The use shall not occur on the property until the portion of the site south of and including the access road is brought up to grade." The following Development Standards will follow consecutively. On a roll call vote, the motion carried unanimously, with Commissioner Kennedy basing his vote on the added Development Standard. This Certification was approved on the 16th day of July, 1990. //�� /J�//y/�� APPROVED: { '��/ �GC� /J BOARD OF COUNTY COMMISSIONERS ATTEST• �p✓, WELD Y, COLORADO Weld County Clerk to the Board � Gene R. Brantn , Chairman _ -!Z: y �07� ce ' c�R �! C� �� eputy Clerk to a Board Geo ge Ken edy, Pro-Tem Constance L. Harbert EXCUSED DATE OF APPROVAL C.W. Kirby EXCUSED DATE OF APPROVAL Gordon E. Lacy TAPE #90-29 DOCKET #90-23 PL0780 900610 PUBLIC NOTICE The Board 1� 2a . caMitlo�lly approved"a 'Site Sprthe Development Plan and a S�pepcia�ly Review Permit for the 6eluw.- Co Ufffaul a�oval� tphlls igernaptcreates a vested 86 dei tie Zi, .RcPa.S.,asamendsuant to ed, , - fora period of three years. APPLICANT: Steven H.and Kim gM�. N Mime- 7510 e Road - ageAnL*D N: Part of the 1/2 SE1/1 d owr�eE.�p 2 Rflec06 5 of thel -8N North, Weida Caw ty, orado TYPE AND INTENSITY OF APPROVED USE: Agricultural (((fa�a��r�m�i�rvice phrmenb t sales and sertctor� f_. hcifityd in the Agricultural Zone -a----<-. uuoic[ SIZE OF PARCEL: 2 acres, mor less Faileure to abide by the terms and condi. In at'ons fateulituree of th approval e vested Praper'tY right. OARDMOFFgCgOUNTY . IONERS WELD COUNTY COLD BY: DONALD D.WARDEN WELD COUNTY CL K TO \�. _. Published &MBY M0 The BY: Simony I0. 1 lu _ ^ New News. `1 ice. _.. �_ U ....._..... • e2,e . ////l 9eC5 C) • SInTE OF COLORADO l t S ti=. rOUNTY OF David B. Reynolds being duly sworn , says that he is publisher of the New News, a weekly newspaper published in k::ren =ssbt.s#'-c: in said L"c::x_nt,. and State; that said newspaper has i t 'NOTICE general circulation in said County Pursuant to the toning laws Weld _:;....d has :be n continuously .�nd �� Colorado ado un i.n ter""tlp'Cf=d iy F?t_tF3.':..l.shed therein ,n , � o[the of County during a period of :..a- 1 tn., ;�>�.' opera o Cf W Cen oteZayi Co--],otado, Weld ounty fifty—two consecutive weeks pr.io .t] Center 415 10th Sgreet, Fit et Floor, Colorado �any *.�':t't Y ', t`c_,�f• p i.`Lt.:. �.:�:�t�'a.��'Z C;f t i"?C? ec h:l�`•�:E'•`C'� [t Greiner interested the Site t Plan and notice; tt1ist said newspaper .l.s a �i ��Permit are be T t o!Al�'�t:S.a p i" within t.h e meaning of the requested to attend and may act nl' this General Assembly of theiShould the nterested pt�yll�dealre mt or �e State of [ 73.: ":_if entitled " Act presence of a court to make a record of the t:.o regulate the printing of legal w addition b the taped. � which will he during notices a n d advertisements, " a n d hearing,.the Clerk the Board's Office shall be advised in writing of such action at least five days amendments thereto;i that the notice The cant of prior to the hearing• shall be of which the rafZ1ZE'?:ed is a printed bornangant$ne CWlrt IT � � the copy taken from said newspaper, was �and maps an certified published in said newspaper, and in 1 Weld a examined fined n6 on regular may � �� in the office of t i entire s- , the Clerk to the Board of County tie? egti i 1r and issue of Commissioners, located in the every number thereof , once a/e vhe!may Weld Couab'�Centeri,ir Center, 415 loth S Third Floor, otl'tt?r week• for weeks; that said greele�y�Col0f ads. DOCREi'NO.40.29 Steven H. and Rim notice w t_;E= r_ �)o u b l 3.�;h � i n �c,::_d �ej�, 7510 Hygiene Road• newspaper '>' o e ' not in any ill 'July 1119 0 supplement thereof , �.t":d i'slat thG 'IIIcai lo• A Site ��j first publication t� notice,•.c= r Deevvelopment Plan and calUna►f said d n o .._ .___ a.:.s Review Permit - Agri c.:'�i!'.''_. ii;�C'fy i�s?n; ; :,; {."ft.,::. service establishment (Trat� and nt the serve Ecearm fac itvl �_ LA�ErGi Zone N: Part of dci`j' l']F ..._ 1990, the 1"Township 2 North, egg�gVea� F=he l,,.-•t '# Y t F'la't of the eth P.M., Weld County, cif l#;! t LOCATION: �yrtzirrel oi Clay 'f :- r miles south of Weld CowtY ____..._ .. _....__ �__...___.._... ... _+ i•�+'-1 pia ; east Rpa south of Weld CauntY • Rued 24% BOARD OF COUNTY COMM3SSIONERS • WEIR COUNTY COLDp .. = _...... : ...._ .. Z ESY _ �?. _ BY: MARY ANN VE�RSIEIN QOUNTY CLERK AND / RECORDER AlID,C E BO�O E BOARD Subscribed and sworn to before me BY: ShUell'y ,� +/��//� DA Jtme J� n, 1411, W •this w I`L'\ day r..`. )&14,_ R y£.]£frt��n �. _.._:? Notary Public My commisson ;nxPires 4-/S-- 52" SC Cr,--- 0 • Affidavit of Publication STATE OF COLORADO • County of Weld ss. I A.Winkler Riesel of said County of weld being duly sworn.say that 1 am publisher of PLATTEVILLE HERALD poEE that. the same is a weekly newspaper of general circulation was - MmirMt»aglMM MwaOdNKtGrsedM printed and published in the town of NIRIDwaleLilinp Bellaqi�Rr�W iesaaYle the thembersaMe Sall et�aNW PLATTEVILLE Omar,Oilers*Weld Cer+ned Cott,ill IOllr area brut Fart Oral* glee Yw gaYNl In said county and state that the notice of advertisement.of which Al Prays In ary memo Msreeled la la Alb ladle the annexenewspaper d is a tare copy has been published in said weekly `�ale.lh Redas Pima as reiraeled One consecutive weeks: Pas=if a'a Shedd the anima�b re a rs wC a Interesled party lga c- that the notice was published the regular a entire issue of every ismap.b S leJM rani amid r i sake will be kw m d WIN number of said newspaper during the period and time of publication ddlog the heed%limbed leRe Sera Office OM Mad• of said notice and 1n the newspaper proper and not in a supplement vied In was el WM stied Oat Ma Mp pM Is the thereof•.that the first publication of said notice was contained In the herbs The esa asrygeY a teas npler slits As ears issue of said newspaper bearing the date of M the rasa Farb. Jun P' 2 A.D..199(1 and the last publication Weld County BEITALSO KNOWNYattlwbRwdasOs aeerldled bathe thereof,in the issue of said newspaper,bearing date. Its l the PandaM l b the lard el County loaded Naha Weld Coady Codentdd Curler, Ps 10th the _2,2 day of area Thad"leer,Greeley.Cetera DOCKET NO.9042 APPLICANT Jun a 199 Q that the said Stearn ft are am 1L When 71U0lyrers Reed PLATTEVILLE HERALD ""'°'1'r'�'SIMI DATE:Ms il,IWO has been published continuously and uninterruptedly during the WM 10012 are peed of at least fllty-two consecutive weeks next prior to the first REQUEST: Yer beak Develrament Plan are Lam issue thereof containing said notice or advertisement above referred ROSH'mad•Awleult rd aerobe setse4hasa(Trader to: and that said newspaper was time of each of the end farm eapleaMa albs end penis leafy) In the publications of:: d notice duly. ed for at purpose within the AplsdlwY in DlYrkt mauling of .� act ••titled, 'Aa t Conc• gal No LEGAL DESCRIPTION:Pert a the EN WK el galls l Advertise=... _ .. .d blicati••- ad the Fees •f Print- - and 2NerN.Rrpaw.erati.lRnP.Y..rrddtNn. y.Cana Publish. : .d to Rep- all Acts < .. of Acts in LOCATION: Conflict th - ' d - baba:east Y�eoahatls Tarn a Pia• =sal a 17. 1 1,a all am.. . thth./.ff , .a/C ml .ended an act Road 2/ri. R� eerMtlMYll County a /li ap�` 1& a<1. WELD COWRY,COLORADO ' / BOARD OF COUNTY ,Is Publisher IT:WARY ANN PEU[RSTEM COUNTY CLERK AND RECORDER bac bed and sworn to before me thls_aday of AND CLERK TO THE BOARD Tune An 1990 BY:Rea1E abr.Oise _� WW2 Jas 1124f O C t_ _ C PtYlhed le the FlaRwigadi Jars O,all Notary Public 415 DENVER VENUE FT. LUPTON, CO 80621 My commission expires June 1992 ,�g 1vtj vl ii:..:.:,.::i ^y;1�F :'::iE Jl7n i�i92 Se C51..0 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 90-23 Steven H. and Kim M. Nelson 7510 Hygiene Road Hygiene, Colorado 80533 DATE: July 11, 1990 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - Agricultural service establishment (Tractor and farm implement sales and service facility) in the Agricultural Zone District LEGAL DESCRIPTION: Part of the E} SEI of Section 6, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles south of the Town of Platteville; east of Weld County Road 25i, south of Weld County County Road 24} BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: June 18, 1990 PUBLISHED: June 28, 1990, in The New News f`c t y /." l Ex hi b, E DATE: June 18, 1990 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearing for the 11th day of July, 1990 , at 10 :00 A.M. Docket No. 90-23 - Site Specific Development Plan and Special Review Permit for an agricultural service establishment (Tractor and farm implement sales and service facility) in the Agricultural Zone District - Steven H. and Kim M. Nelson OFFICE OF THE CLERK TO THE BOARD BY: �S�l0i , r)J ,�/� j I 1..(„ '�' Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOA OF COUNTY COMMISSIONERS WEL OUNTY, COLORADO D g BOARD OF COUNTY COMMISSIONERS 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 I0 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE # (/} g- -1 I f THE SIGN WAS POSTED BY: 1 "4 NAME OF PE N ' •ST GN I SIGNA O APPLIC T STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS c:::2 7 DAY OF 7316 19 qo . SEAL c J (2)(3A,_ NOTARY PUILIC MY COMMISSION EXPIRES 3c�f ? 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Curry: Based on the information sent to this office by Weld County Department of Planning Services as shown on the pro- posed land use plan map it was determined that approximately 1 . 06 more acres of wetland will be impacted as opposed to the 0 . 35 acres of wetland as stated in my March 14 , 1989 letter (No . CO-89-30) and renewed nationwide permit letter CO-90-80 . If the proposed project by Mr . Steven Nelson requires the filling of wetlands exceeding 0 . 35 acres at this location this office should be contacted for proper Department of the Army Permits . If you have any questions concerning this matter , please feel free to contact this office or meat (303) 979-4120 or 4121 . Sincerely , TERRY McKEE Environmental Resource Specialist cc . Pernit Files Omaha Permits Branch • - I s JON 1 1 1990 kr ;_,� ?� *Jo Cih. 01Ag clllt lir�p'LII�ISSIUt S 17 x/r-/,13j/ (- Regulatory Branch June 7 , 1990 Mr. Steve Nelson P.O. Box 175 Hygiene, Colorado 80533 RE: Nationwide Permit No. CO-90-80 Dear Mr. Nelson: Reference is made to your old nationwide permit number CO-90-80 and to your request for renewal of the nationwide per- mit activity which will require the filling of approximately 0. 35 acres of wetland located in Section 6, T-2-S , R-66-W, Weld County, Colorado. Based on the information provided, this office has deter- mined that the proposed work is authorized by the Department of the Army Nationwide Permit found at 33 CFR Part 330 . 5 (a) (26) . Enclosed is a fact sheet which fully describes this Nationwide Permit and lists the Special Conditions which must be adhered to for this authorization to remain valid. Although an Individual Department of the Army Permit will not be required for the project, this does not eliminate the requirement that other applicable Federal , State or Local Per- mits be obtained as required. Please note that deviations from the original plans and specifications of the project could re- quire additional authorization from this office. Should at anytime it becomes evident that either an endan- gered species or its critical habitat exist within the project area, this office must be immediately notified. This verification will be valid until the nationwide per- mit is modified, reissued, or revoked. All the nationwide per- mits are scheduled to be modified, reissued or revoked prior to 13 January 1992. It is incumbent upon you to remain informed of changes to the nationwide permits . We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. 9( 0510 t N 0 • C0`90-80 -e a tact Y que `iohW2d Zs oft, f 1 �hcit Numb 41_4-4.212g. e at 303 this ereZY C0�9 �9 matt 80. 9,q=20, ple °r ase ?ERR,. g12I Euvi ° �ntaj Resour 9e�ce ce SAeeja1ist '02 eh . Y:re SeCGIO -- __. -- ' y [•' ,'I '• .'_ I �• .x• _1 _mil' 1 �. E ( 1 t� 1� � 4 't_ -- tyyy C ..^,n o + ..,.,.,p -;!°4 r,=�..16-6.- -,---ti • .i.�\R'Ste. PM•k•••. _ ..... ..•e; o •• ;1•• • I k �'i: t •� • 1 �,�^' r><__ � _ •�,lit-• I: • . . • • VII; •� .� f �. f � ' .. !t• _ Y % d •‘C.-‘,".• • 1 , I• 1 \ . ,,, .. Ys'�-'1'• s� •- {7t '1 .. • \ .1C I .- 1 ~ \• •c,tt l • orreetton 1. �.' LIn. 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L Li LOCALVON / J PROPPED 30' ao' _ 270'± s c ' =1"a BM "``; South Line East Hall Southeast Quarter qq✓ .`.;j iSau rnwesr Corner East Half Southeast Quarter I _ CO 9(.0 X10 �OCF�CDiC4 ROY ROMER �FQ 9d LSON Governor H � '� O' JERIS eDAM Eer ,*\ � '�. %'�� State Engineer *181876 ** OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 June 11, 1990 Ms. Lanell J. Curry Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Nelson Special Review, URS-911 SE 1/4 Sec. 6, T2N, R66W, 6TH PM Dear Ms. Curry: We have reviewed the above referenced proposal to establish a Farm Implement Sales and Service Facility on a 10 acre parcel . The applicants propose an exempt commercial well as the water supply. You have supplied information that the 10 acre parcel was created in 1971 . This being the case, a well permit should be available upon application. This well permit will limit use to 1/3 acre-feet annually, and drinking and sanitary use. No outside uses will be allowed. We do not object to the approval if these conditions are satisfactory to the applicant. Sincerely, James R. Hall , P.E. Supervising Water Resource Engineer JRH/JTS:cIf/1228I cc: Alan Berryman, Division Engineer Bruce DeBrine IL'I if] dr 1 S r:`',/ ri y .:Ulv 1 ti 1990 1 _.._, 1V2M to. Plume ..intini lut O. ii-. r.. f- Summary of the Wald County Planning Commission June 5, 1990 Page 4 MOTION: Jerry Kiefer moved Case Number Amended USR-735 for Joy A. Jefferson for a Site Specific Development Plan and an amended Spacial Review permit for a livestock confinement operation for 1,500 cattle, a horse boarding and training facility for 150 head, and a tack and feed store be. forwarded to the Board of County Commissioners with the Planning 'Commission's recommendation denial based upon the recommendation of the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Judy Yamaguchi. 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 - no; Judy Yamaguchi - yes; Rick Iverson - no; - Bud Clemons - yes; Jerry Kiefer - yes; Ernie Roes - yes. Motion carried with four voting for the motion and two voting against the motion. The Chairman dismissed the meeting for lunch at 11:38 a.m. The Chairman reconvened the meeting at 1:30 p.m. NOTICE: LeAnn Reid, Planning Commission Member and Rod Allison, Principal Planner are now present. CASE NUMBER: USA-911 APPLICANT: Steven H. and Kim M. Nelson REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Tractor and Farm Implement Sales and Service Facility) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E} SE} of Section 6, T2N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2 miles south of the Town of Platteville; east of Weld County Road 25-1/2, south of Weld County Road 26. APPEARANCE: Fred Otis, Attorney at Law, represented the applicant. Mr. and Mrs. Nelson wish to put in a farm implement and repair facility. To begin with, they will not employ any additional people. They are currently operating their business in Boulder County, but they want to relocated to Southern Weld County. This property is an abandoned gravel mine and they have addressed all required concerns in applying for this Special Use permit. Their plans will enhance the property. Most of their customers are "hobby" farmers with small tracts. C r;d3 tr) C,X h a f a �� ;� • Summary of the Weld County Planning Commission June 5, 1990 Page 5 Kim Nelson, co—applicant, reported they have been in the implement business for about five years. The majority of their customers have one to ten acre tracts. The Chairman called for discussion from the members of the audience. John Kuntman, surrounding property owner and previous owner, explained the problems pertaining to this land. He is against this request because the property is sub—irrigated and very wet (especially in the summer) , the danger of using U.S. Highway 85 as a means of ingress and egress, and because so many other businesses of this type have already gone under. If this were to happen, there is the possibility of the land becoming an eyesore. Juanita Carter, surrounding property owner, is against this request because of safety issues, economic concerns, and potential devaluation of existing property if a commercial farm implement operation and junkyard business are allowed on this property. Kenneth Miller, surrounding property owner, spoke is opposition of this request because of possible groundwater contamination. Only about one—fourth acre of this property is not covered with water. Also the proposed use does not blend in with the current neighborhood. Scott Carter, surrounding property owner, spoke against this request because of safety concerns from both U.S. Highway 85, and lakes on the property. Ray Mora, surrounding property owner, spoke against this request because of natural drainage of the water and possible groundwater, irrigation ditch, and river water contamination. Elton Miller, surrounding property owner, is opposed to this request because of the water table rising in the summer. The majority of the property is underwater most of the year, and could contribute to groundwater contamination. The Chairman asked Lanell Curry to read the recommendation of the Department of Planning Services' staff into the record. She amended the Development Standards to include a new standard 17 to read as follows: 17. The property shall be maintained in compliance with the requirements of Panhandle Eastern Pipe Line Company. All following Standards shall be renumbered consecutively. Fred Otis stated they have no objections to the staff's recommendation or the amendment. They are all reasonable. The Nelsons intent to be good neighbors and part of the gravel pit will be reclaimed and attractively landscaped. 9( e../ r0 Summary of the Weld County Planning Commission ... June 5, 1990 Page 6 .MOTION. :;nfi }�x.i,sir;, )fia Jc Rv €•'5;i 11.>r`2"h<<"y ,Brlpn Y� . Rick Iverson moved Case Number USR-911 for Steven H. and Rim M. Nelson for a Site Specific Development Plan and a Special Review permit for an Agricultural Service -Establishment for a tractor .and farm implement .sales and service facility in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon 'the recommendation ,of the ;Departmentyoff Planning . Services's staff and the 'amendment to the Development ,Standards as •suggested by the staff aMotion seconded by LeAnn Reid. itmwdialtgesu edit xc'' siA0y`; ' ,w n7,4y, it.- tr,'rte ..t+��' 3G �^ainil x $.Jd,.!�r .,P C3' �S?t7 '^ The "Chairman ':called "for discussion from -the :members ;of the .Planning Commission. Discussion followed. The Chairman asked the secretary to poll ”o.the ,members of the . Planning Commission for their decision. ^ Bud Halldorson — yes; LeAnn Riad — yes; Judy Yamaguchi— no; Rick Iverson - yes; - Bud Clemons -.yes; Jerry Kiefer - no; Ernie Ross - yes. Motion carried with five voting for ,.the motion and two voting against the motion. ,. r . Fop �±ttS:,=•io- . = r CASE NUMBER: USR-895 ' .>M �'.,� APPLICANT: Waste Services Corporation, c/o Brad Keirnea REQUEST: A Site Specific Development Plan and Special Review permit for a solid waste disposal site and facility. LEGAL DESCRIPTION: SW} of Section 7, T7N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: North of Colorado Highway 14 and east of Weld County Road 25, approximately 4.5 miles west of the Town of Ault. • APPEARANCE: .., Brad Keirnes, President Waste Services Corporation, stated they are the primary provider of waste services for both :commercial and residential wastes. He showed slides of the current facility and copies of inspection reports from the Weld County Health Department and the Colorado Department of Health. Proper management and maintenance allows residents and landfills to exist comfortably in the same area. This disposal site will service a 350 mile area. The service area will include Kodak, Monforts, the Town of Eaton, Brown Farris Waste Services, some Greeley area developments, and Fagerberg Produce. He explained the studies that must go into choosing a site. He also showed slides of the proposed site, a 170 acre, sparsely populated area, and the amenities of this site. He addressed some of the public concerns and presented a drawing of proposed landscaping of the area. The life of this site is estimated to be between 25 and 50 years. Kevin Taylor, project geologist, Industrial Compliance Company, explained what they look for when they review a site and what tests are conducted. vi r-: n eCU:!TV �nn7 r"I -0 PU '' 01 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMil 9N c, r�; ppnn RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTL ibillga HlIERS Moved by Rick Iverson 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-911 NAME: Steven H. and Kim M. Nelson ADDRESS: 7510 Hygiene Road, Hygiene, CO 80533 REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Tractor and Farm Implement Sales and Service Facility) in the Agricultural zone district. LEGAL DESCRIPTION: Part of the E} SE} of Section 6, T2N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles south of the Town of Platteville; east of Weld County Road 25§, south of Weld County Road 24}, 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: - The proposed Special Review permit area is located within the urban growth boundary of the Town of Platteville. The Platteville Planning Commission stated in its referral response, that the proposal does comply with their comprehensive plan. - The proposed use is consistent with the intent of the agricultural zone district. The proposed use is an agricultural service establishment and is provided for as a Use by Special Review in the Agricultural zone district. - The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. The site is an abandoned gravel pit and has not been used for agricultural production. fJ T ,0 xh l��k C Steven H. and Kim M. Nelson USR-911 Page 2 - The use which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area. Surrounding land uses include Weld County Road 25}, Highway 85, oil and gas production, agricultural production, and two rural residences. Conditions of Approval and Development Standards will ensure compatibility. No overlay districts affect the site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Special Review permit plat: - the plat shall be amended to designate the outside storage area. - a screening plan shall be submitted for the outside storage area and shall be approved by the Department of Planning Services. - an erosion control plan, approved by the Platte Valley Soil Conservation District, shall be submitted to the Department of Planning Services. SC ,3 0 Steven H. and Kim M. Nelson USR-911 Page 3 - a drainage plan, approved by the Weld County Engineering Department, shall be submitted to the Department of Planning Services. 4. Prior to any new utility line or connection within the State Highway right-of-way, the applicant shall obtain a Utility Permit from the Colorado Division of Highways. 5. Prior to the issuance of building permits: - the applicants shall submit evidence that a legal source of water is available for the proposed use. - the applicants shall submit evidence to the Department of Planning Services that the requirements of the Division of Water Resources have been met. - the tree branches, tires, pieces of metal, and other junk on the property, including the inoperable crane, shall be removed. Motion seconded by LeAnn Reid. VOTE For Passage Against Passage Bud Halldurson Judy Yamaguchi LeAnn Reid Jerry Kiefer Rick Iverson Bud Clemons 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. 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 7th of June, 1990. a�e, >>., C ,1 Bobbie Good Secretary vL `�?.a-,, SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS STEVEN H. AND KIM M. NELSON USR-911 I. The Site Specific Development Plan and Special Review permit is for an Agricultural Service Establishment (Tractor and Farm Implement Sales and Service Facility) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The property shall be maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 4. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers. 5. Any outside storage of parts or dismantled or inoperable machinery shall be screened. The property shall be maintained in compliance with the screening plan approved by the Department of Planning Services. 6. The building to be constructed on the property shall be painted in earth-tone colors and shall be maintained in a neat and orderly manner through building maintenance. 7. All sales and repair operations on the Special Review site shall be conducted only between the hours of 8 a.m. and 6 p.m. This restriction shall not apply to operation of administrative offices or repair facilities totally enclosed in a building. 8. Equipment in the display area shall be placed in neat and orderly rows with a minimum twelve (12) foot aisle between rows. 9. Waste oil, waste paints, stains, treatments, 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. 10. No permanent disposal of wastes shall be permitted at this site. 11 . The septic system(s) for the proposed office shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 'l8 Steven H. and Kim M. Nelson USR-911 Page 2 12. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 13. Fugitive dust shall be controlled on this site. 14. The maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 15. That the facility shall provide an employees restroom with adequate toilets serviced by an approved sewer treatment system. 16. The property shall be maintained in compliance with the requirements of the State Engineers' Office, Division of Water Resources. 17. The property shall be maintained in compliance with the requirements of Panhandle Eastern Pipe Line Company. 18. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 21. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 22. 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. Vie% 4 �, M. Steven H. and Kim M. Nelson USR-911 Page 3 23. 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. " ,„" rt ADDITIONAL COMMENTS USR-911 STEVEN H. AND KIM M. NELSON Weld County Road 24, on the south boundary of the proposed site, has been abandoned and is owned by Mr John Kunzman. Two letters of opposition have been received from surrounding property owners. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-911 Submitted or Prepared Prior to Heariag At Hearing 1 . Application 3 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. Three 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 . 3-14-89 letter to Nelsons from Corps of X Engineers 12. 5-15-90 referral from Oil & Gas Commission X 13. 5-15-90 referral from Department of Highways X 14. 5-15-90 referral from Platte Vdlley Soil X Conservation District 15. 5-17-90 referral from Town of Platteville X 16. 5-10-90 referral from Weld County Engineering X 17. 5-15-90 referral from Bud Halldorson, Planning X Commission Member 18. Planning Commission sign posting certificate X 19. 5-4-90 letter to applicant X 20. 5-21-90 letter of objection from Juanita D. X Carter 21. 5-23-90 3 page letter of objection from John X and Sylivia Kunzman 22. 5-18-90 referral from Weld County Health Dept. X 23. 9 page addendum to application from Nelsons X including a 2 letters of support and 19 pictures 24. Exhibit A - letter of support from W.K. Cline X 25. Exhibit B - letter of support from Rolland and X Ester Johnson 26. Exhibit C - picture of site when purchased by X Nelson 27. Exhibit D - 2nd picture of site when purchased X by Wilsons 9` a , c„ ,, PAGE 2 I hereby certify that the 27 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. C rent Planned/ t. STATE OF COLORADO ) COUNTY OF WELD ) a� SUBSCR1)3% AND SWORN TO BEFORE ME THIS $ — day of y� 19 cam. OQ ENS.. NOTARY PUBLIC Or: r(0.,o My Commission Expires 91 tfi 1.0 + EXHIBIT INVENTORY CONTROL SHEET Case (. ,5 - ��P /-1P-r), 3l (, tCltrY.—YYI . Exhibit Submitted By Exhibit Description) (gig A. ��!a t�rwvn- �� _ ) tph B. �JC.LL41_,U LtA CATIWY)U.a,IbI K__CJ 0— .t Yli D? k) /\ YYLYYI /rob i 1 n� ( l WAn-ur>F, 0-e) ')U.rna;LGU c y (3) '1 CV(' E. ( 1 h, tU � 'J Eno,20_ � G)fit o.C , 1-ut U F. VA�9 ,4, iie4jetad)i�A�� Q.,��h % H• kitten, ?Ka/n-349w I. J. K. L. M. N. 9C O12'5 O. non" Gam' To Wham it May Concern: June 5,1990 Please be advised that I served on the Boulder County Board of Adjustments, The Boulder County Long Range Planning Commission, and the Boulder County Planning Board. I also spent 40 years in the banking business in Boulder County and believe myself to be a pretty fair judge of character. I have known and been a customer of Steve and Kim Nelson, through the collection and restoration of antique tractors. My assessment of then is high integrity, honesty, and impeccable cork habits. Their shop and immediate arca surrounding the shop are groomed in an emaculant fashion, as much as can be in this type of business. I would heartily recommend then as excellant business people in any community. Respectfully, W. K. Cline + EXH!81T May 29, 1990 � N Gat � Fred Otis Suite 300 Greeley National Plaza 822 7th Street Greeley, CO 80631 Subject : Case Number USR-911 Dear Mr . Otis : We are in favor of changing the zoning on Steve and Kim Nelson ' s property so that they may run a small family run farm implement dealership. Rolland Johnso Ester Johns° ii rCIA O Ir.r i 4:.: y, a F . , ' !" ! — f r i ~, lijr:1 1' � it. • . ,�, ,,, ,�1 a rci a :,,,,,f t:',61'.. .,x` ryN ₹�h } f� '� Ir f e4 ry. 1` 111 . 1 P c , --;:d i' '.i.::*,.;'..... .'1';.'i v,{ .* - : id III ff la y.i",,,, r IP r . 1 ,. 4�' a k � v {e�krzi, ... I! : 1/111-,744,, ) �, -. 1r y i r ., 'r ri . — 1 , s 1 � 41 V ,i , , ) 1 I-.- -4,... . i r`` 1 ' ; . . "? ii�I . � rr,• ' � f i (J,1 P:i if ' k p • 1 i7z i ik of r)r IgE „4 ' r,d( , rH. Prj 143 ,':::',l '•tr'. ± u " 1 ' \" 1 d44 I' . �._ ,_ ►' t J CG:1; y� '.a ` , Ail+ ' f. --r y .. '. � �� , . y , s . . . .4 r ,.,.:.i.,,,.k. .,-, r t 1 t � , 1 rf r r " 'r a. f t •� Pr: •4 j :. hiv,,,.*4 , yy�^ 4 I I fc i pa 1 . fu I, ' x - 1 ; a 4.01- 4‘ r: q 3 ` I x1 4,..4. -' .., _ t u 5 i Alt1. .� i$ '' 9 +t ► >; ..,'44ttA H R r t; �.xl, , �� p r pro- __ 1 f 4 ','X yi �'�, 4 y , 6p,A. I +' I q i /,7441 l.ati 74 k v , y 1� �� 1 d• Date: June 5, 1990 CASE NUMBER: USR-911 NAME: Steven H. and Kim M. Nelson ADDRESS: 7510 Hygiene Road, Hygiene, CO 80533 REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Tractor and Farm Implement Sales and Service Facility) in the Agricultural zone district. LEGAL DESCRIPTION: Part of the E} SE} of Section 6, T2N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2 miles south of the Town of Platteville; east of Weld County Road 25}, south of Weld County Road 24}. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1, The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposed Special Review permit area is located within the urban growth boundary of the Town of Platteville. The Platteville Planning Commission stated in its referral response, that the proposal does comply with their comprehensive plan. - The proposed use is consistent with the intent of the agricultural zone district. The proposed use is an agricultural service establishment and is provided for as a Use by Special Review in the Agricultural zone district. - The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. The site is an abandoned gravel pit and has not been used for agricultural production. - The use which would be permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area. Surrounding land uses include Weld County Road 25}, Highway 85, oil and gas production, agricultural production, and two rural residences. Conditions of Approval and Development Standards will ensure compatibility. 9(:0610 r Steven H. and Kim M. Nelson USR-911 Page 2 No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the Special Review permit plat: the plat shall be amended to designate the outside storage area. - a screening plan shall be submitted for the outside storage area and shall be approved by the Department of Planning Services. - an erosion control plan, approved by the Platte Valley Soil Conservation District, shall be submitted to the Department of Planning Services. - a drainage plan, approved by the Weld County Engineering Department, shall be submitted to the Department of Planning Services. 4. Prior to any new utility line or connection within the State Highway right-of-way, the applicant shall obtain a Utility Permit from the Colorado Division of Highways. 31/4trin " " Steven H. and Kim M. Nelson USA-911 Page 3 5. Prior to the issuance of building permits: the applicants shall submit evidence that a legal source of water is available for the proposed use. - the applicants shall submit evidence to the Department of Planning Services that the requirements of the Div$sion of Water Resources have been met. - the tree branches, tires, pieces of metal, and other junk on the property, including the inoperable crane, shall be removed. a '$ .4..O SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS STEVEN H. AND KIM M. NELSON USR-911 1. The Site Specific Development Plan and Special Review permit is for an Agricultural Service Establishment (Tractor and Farm Implement Sales and Service Facility) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The property shall be maintained in compliance with the requirements of the Oil and Gas Conservation Commission. 4. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers. 5. Any outside storage of parts or dismantled or inoperable machinery shall be screened. The property shall be maintained in compliance with the screening plan approved by the Department of Planning Services. 6. The building to be constructed on the property shall be painted in earth-tone colors and shall be maintained in a neat and orderly manner through building maintenance. 7. All sales and repair operations on the Special Review site shall be conducted only between the hours of 8 a.m. and 6 p.m. This restriction shall not apply to operation of administrative offices or repair facilities totally enclosed in a building. 8. Equipment in the display area shall be placed in neat and orderly rows with a minimum twelve (12) foot aisle between rows. 9. Waste oil, waste paints, stains, treatments, 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. 10. No permanent disposal of wastes shall be permitted at this site. 11 . The septic system(s) for the proposed office shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. <?r .14 Steven H. and Kim M. Nelson 0SR-911 Page 2 12. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 13. Fugitive dust shall be controlled on this site. 14. The maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 15. That the facility shall provide an employees restroom with adequate toilets serviced by an approved sewer treatment system. 16. The property shall be maintained in compliance with the requirements of the State Engineers' Office, Division of Water Resources. 17. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 21. 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. n EbTirb Steven H. and Kim M. Nelson USR-9ll Page 3 22. 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 USR-91l STEVEN H. AND KIM M. NELSON Weld County Road 24, on the south boundary of the proposed site, has been abandoned and is owned by Mr John Kunzman. Two letters of opposition have been received from surrounding property owners. ' ; � 0 16 (1( MEMORFICIDUM il Weld County Planning May 18, 1990 To Dute Environmental Protection Services l/�! u pa COLORADO From Case Number: USR-911 Name: Nelson, Steven & Kim Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, stains, treatments, 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. 2. No permanent disposal of wastes shall be permitted at this site. 3. The septic system(s) for the proposed office is/are required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 4. 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. 5. Fugitive dust must be controlled on this site. 6. Maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102, Colorado Revised Statues. 7. The Division requires that this facility provide an employees restroom with adequate toilets serviced by an approved sewer treatment system. EPS386/cs z?\\ \\\ rte A 2 9 1990 t _ �,a Ca��a�Ntttit ��;autss�u" 0' , .r M. f _ 1090 Weld County Planning Commission Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Subject : Case Number USR-911 Dear Lanell : Steve and I would like to use this letter to amend our applica- tion for the farm implement dealership. In this way, we can clear up alot of the planning boards questions and also address the complaints you have received concerning our USR . LOCATION The Weld County Comprehensive Plan was a major deciding factor in the selection of our current site. January of 1989 , we looked into renting property along Highway 85 and found it all either very expensive (because it was purchased during the Oil Boom days) , did not have enough display room, too much shop space (overbuilt) , or just not in a good location for displaying equipment . In other words , it did not :suit our business and would have made a very bad investment . Places like Hildebrand ' s; Platte Valley Implement , or t':.e Massey Ferguson dealer on North Ft. Lupton are all too big for our operations . Besides, all these are rented , remodeled, or bought out . We have been in business six years now and are very aware of what our business requires as far as real estate goes . This land has good exposure, it has the room we need for display, and the opportunity to build according to our needs and as we can afford the improvements so that we do not extend ourselves beyond our financial abilities . This land is far enough from town so that we do not have to worry about the town growing up around us and squeezing us out , Just like when Longmont grew up around S & S Equipment , Murphy Equipment (now Uniwest) , Mountain Truck and Equipment ( they dropped tractor sales since they are now part of Longmont city) , and Pope Implement . We don ' t wish to repeat their mistake . Finally, we like the idea of developing on land that is not going to tike away some good farm land . In Boulder County , we have watched in disgust aS PRIME farm land is ruined so that house, businesses , churches , etc . can be built . HISTORY OF PIT Corner lot w::.s deeded separately by Kunzman and given to Ramon Mora . Mr . Kunzman dug the pit in 1956 for gravel to build Highway 85 and then sold the property . No development or reclaiming has taken place since then . The water level raises during irrigation and drops afterwards . The North 81 acres of the property is flooded with 5-6 feet of water from approx. or r:,,p n June through December/January. (L.," �' .) UTILITIES Electricity and Phone lines border our property. Sewage will be a* engineered system. WATER- The only water that will ever be economically feasible for this property will only be available from a commercial exempt well that would provide 1/3 acre foot of water per year . An allowance of 25 gallons per employee per day is to be used strictly for drinking and sanitation purposes . This would suit our needs completely. Because water isn ' t available in any other situation--agriculture zoning is inappropriate and residential is out of the question, leaving only commercial use/zoning of this property the only alternative . As a wildlife habitat ( it ' s present form) , it is a liability to the County and a hazard to motorists . Due to the water and the proximity of the highway, there is a constr.nt danger of some- one having an accident and driving off of the road and into our pit . It is also an eyesore! Everytime we are out there working on the land , people that are driving by are honking their horns and waving. People want to see this place fixed up. Although, wildlife live on this land it is more like a landfill than a habitat . There are car tires , branches , shingles , bricks , concrete blicks , rusty piles of cans , bikes , appliances , furniture, water heaters , chairs , broken glass everywhere, wood scrap:? , a large tangled pile of rusty metal bands , and all of it can be found on the south side of our property. The area proposed for our USR. We began excavating within our property in order to get some dirt to bring the ground up to grade. We thought that we covered all the bases to move the fill . We weren ' t aware of the 1980 law concerning water evaporation loss from excavating within our land for use on our land. I talked to Jim McDanold, Division of Water Resources; Keith Delventhal- Water Commissioner for District #2; and Dick Stenzel , Asst . Division Engineer . We came to the conclusion that it would be cost effective to just fill the excavated hole back up. A copy of the letter that I sent to Dick and Keith is attached. PROPOSED STRUCTURES ON SITE We are planning to erect a steel-sided pole barn for our shop. Approximately 32 ' x 48 ' in size . This will suit our purposes and will also blend in with the kind and size of barns on around the area, so we should blend in well . The poles will go all the way through our fill and be anchored in the current solid., compacted ground level . Our fill will have dirt and pit run( rocks) added to the building site for added stability and strength. This will be necessary to support our 8" concrete slab floor so that settling and the veil?ht of our tractors do not cause cracking in the floor . Run off water will be stored in the remaining 8 acre pit directly north of the proposed USR. TRAFFIC We will try to :seep our clients from using Mr. Kunzman' s private road . However, this will take time because people fA hem e ,,2 know it as Weld County Road 24 and not a private dfiteVay_zl y TRAFFIC - Continued There is access from the North off of Weld County Road 242 and on the south from Weld County Road 221 , WC Road 222 has a left turn land for traffic coming North and this exit would be far safer than WC Road 24. Our average customers per day is about 12 . During a 10 hour work day that would be about 1 customer an hour . I don ' t believe this should cause too much of a hazard for the neighborhood . OIL WELL HOLDING TANK We spoke to the building inspector about 2-3 weeks ago about these tanks and he told us code states that the building must be at least 60 feet from these tanks . Our property line is about 70-80 feet from these holding tanks . WASTE It has been addressed in the lett: rs of complaint that we will be running a junkyard . In our current operations , we store waste oil and antifreeze in a tank and have a waste oil recovery agent pump it out periodically. An E.P.A. Manifest Record copy is enclosed to verify this. Please note the date of the manifest is BEFORE you received these complaints . In addition, Gene Swenson of Kersey, is our scrap metal dealer. He picks up our scrap metal on a regular basis . He has been doing this for the entire time we have been in business . We store the scrap metal in steel barrels for him. Verification of this in the form of a letter will be presented at the June 5th Meeting. Garbage is picked up weekly by a sanitation disposal company, here . At Platteville, we will have to buy a trailer and make trips to the landfill, instead. This will not present a problem for us . FENCE AROUND WASTE In order to keep our business property looking neat and professional at all times , we had already planned to erect a fence around the back side (west ) of our shop. It will be large enough to store all our waste plus some small loose miscellanous tractor parts that we now store in a nice, orderly fashion on wood pallets at our present location . We have always wanted to fence this waste in but for now we are renting and can not put a fence up. In order to maintain the country openness and not chop it up with a 6-8 ' privacy fence , we want to leave the enclosed fenced area-four foot below grade (well above water level ) and then put up a decorative 4 ' wood fence. This would create 8 ' overall height to hide our waste and still leave the property looking uncluttered and open. PROPERTY VALUE In addition to our improvements for the business end of it , we will have the 8 additional acres to the north to deal with. Our intent is to eventually to berm the side along the highway to protect the commuters from the hazards of our pit . Xeriscaping with native trees and flowers will help add beauty where there use to be an eyesore. With these improvements to the land , we .4C1)G ^9;r) PROPERTY VALUE - Continued feel all the surrounding properties will enjoy an INCREASE in property values . AS Boulder County population grows , we are finding many of our customers moving across the county line into Weld County Because of this trend, a move is becoming inevitable for us . ' Our customer base in the Platte Valley is growing. In addition to traditional farms , every household on 1 to 10 acres and larger has need of a tractor and related equipment . Nelson & Son Implement has very successfully served both markets . We have been able to succeed where others have failed because we provide quality work and products . We do not sell used machinery , we carefully repair and recondition each unit . Consequently , our business has never presented itself in what is considered the normal manner . Order and cleanliness is the backbone of our business . COMMUNITY SPIRIT We realize that there have beencomplaints about us concerning this USR. They do not know us and are very skeptical of anything new or different . The farmers in our present location spent years watching us from a distance before they started doing business with us . We do not expect it to be any different in Platteville. But we know the farm implement business inside and out--it is our life . We have a good reputation and want to keep it . We will that we can be a real asset to Weld County and are just asking for a chance to prove it . We look forward to moving to Platteville to live and raise our family, once we are open for business on Highway 85. Our goal is to move out there in 21-3 years . We must build as we can pay, since there is nothing to mortgage, there will be no assistance from loans . PICTURES The enclosed pictures are to show you the care we take in everything we own . With time, our new Platteville neighbors will learn this . Picture #1- Our first property(home & business ) at the time purchased it . Picture #2- Same property a few years later . Picture #3-Our duplex where we live at the time we bought it. Picture #4-Duplex as of this May. Picture #5 - Our truck ( 198,000 miles on it) . Picture #6- Platteville land proposed for USR at the time we bought it . Picture #7-#10 Our present business location in Hygiene . r C, in PICTURES s Continued Picture #11 & #12 These are the wood pallets we line up in the back to put miscellanous tractor parts on. These will be placed within the fenced area behind our building in Platteville. Picture #13 & #14 Our front parts room. Picture #15 The back side of our building. Picture #16 The barrels we store our scrap metal in until it is picked up. These will be included within the fenced area behind our building. Picture #17 The parking area and driveway at our present business . Picture #18 The tank we use to store our used motor oil until it is picked up by a waste oil recovery company. This will be enclosed within the fenced area behind our shop in Platteville. SUMMARY _ ASSETS MINUS LIABILITIES EQUAL NET WORTH Property taxes collected Some additional traffic More people spending $ in Weld CO. Neighbors temporarily Safer place unhappy FUSITiva No longer a dump site ppy until they see NET Wildlife still has 8 acres to that we run a clean WORTH co-exist with us business Business follows Comprehensive plan (Agriculture-based without eliminating prime farm land) ASSETS LIABILITIES NET WORTH Neighbors won ' t complain Eyesore on Highway Wildlife will have 10 acres Dangerous-Due to water No additional traffic NEGATIVE & proximity to highway NET Dump site WORTH No revenue from property tax No one will ever develop it because the only well water available is commercial exempt & neighbors say "No Go ! " Thank you for your time and attention . /� , Sincerely, 1 44,7 / 4<r'' ' 7•a Steh & Kim Neilson May 30, 1990 Mr. Dick Stenzel Asst . Division Engineer Division of Water Resources 800 8th Avenue Room 209 Greeley, CO 80631 Dear Mr . Stenzel : This is in response to our telephone conversation on May 29 , 1990; concerning the hole that we have excavated in the bottom of our gravel pit located 3 miles south of Highway 66 on Highway 85 . We wish to take this opportunity to apologize for our mistake in digging the hole and violating the law concerning excavation that exposes ground water . We thought that we had covered all the bases by going to the Army Corp. of Engineers and getting a county permit . We do not wish to create a problems and so after talking about our different options with you we think the only wise decision is to follow your advice and fill the hole back in. As we discussed, our pit is starting to have standing water in the very bottom and so there is nothing we can do until at least this next December or January. At that time, we will start lining up some fill and hopefully by this time next year we will have eliminated the hole . Thank you so muc/for all your time and advice . If there is any other ques,idhs concerning this , please feel free to call . us at 651-6591/ 2 i / / Sine e1X, i , _ 0 !� Kim Nelson cc : Keith Delventhal Jim McDanold .Orr- µ F� - --- --- - _-NIA ( 3o 1190 - --- - _. IOW Cowry _._ d RA NN/&16_ KnoM *34z 5/Esjec _CASE NUMBEg. Use - « 12- LANE—L. . CvteY -- -- - - _ -14Z _ice?oN _ of - __A3U_(LDl&116_1_ .._StOge -fill cz NDos _ - --_C�(,LET___ ..__U.G-ED ------ '3 DiU IN) _4Lat Ti1N _3 fU _TAI ---au►_t__ _ NVi - - -F/ A- W� b1-L{ e_REcto- l g`Y LN LT�o_N��Mokr-, ,3 OV - x&A?_-ftITAL.__(s__-.��1�� ___T 8..1.0_21c,ALLY_ P clop Up_ E y-- - 22 swEtusoAi 0E- KEg_sEy_l_csci . oc aaa- -._�_� ?d - - S1/4 (; :1,1;1 - -- --- -9-t5_ 10-71-1 - - - ----- - gcoM 3 z _ii- —lc tachr 7 "l -- 1 ?-- - • E.P.A. MANIFEST RECORD 1 �� / 11 GENERATOR (1 y� lPnv /J''i1 o +°Doi% ' //1/(°fig/i nii�xir DATE 5- /E- 9n �/P PICK UP ADDRESS 7)7Q Mtn. ae/fi ri 7 MAIL ADDRESS 7� l PHONE , n�f � 6�Q� CONTACT STATE ZIP ��ji��/ QUANTITY/GAL. f V d' AMOUNT 267 °` ' This used oil is described to the best of my ability and it was delivered to a licensed Liquid Waste hauler.There are no Listed Hazardous Materials in this product I certify (or declare) under penalty of perjury that the foregoing is true and Forrect /7/ _ SIGNATURE OF AUTHORIZED AGENT AND TITLE Transporter and Storer of used oil Waste Oil Recovery, Inc. DBA Action Oil EPA Permit No. COTO90010000 1161/2 S. Main Longmont, Colorado 80501 (303) 772-6120 • 449-1601 THE DESCRIBED USED OIL was handled by me, the treatment facility named above,and was accepted.I certify(ordeclare) under penalty of per- ;: jury that the foregoing is true and correct SIGNATURE OF AUTHORIZED AGENT AND TITLE • A WHITE—Office CANARY— Billing PINK—Generator -..`� :, - 1 - f .�r ...0. *ZVI °•t ,....A.,..„,.... ,.. .. . td dulua .. St'.� *1 c. l any lMi• 1 1 14 ----- -m-H._••_ _-.7..., ... . A 41,....m .....H. . r •+■f,iII. u is ! ! 1 / ..ate,# hP r, r - "I Jr Y r f .v ii I 401* a.' I . r �Kr \ / of 0 Ie p i .or f - .J-• %,, �fi! *�ti &d!J Ir I yr �y1{y! r - .ir�l, 1� r"V� �'• i t • k .. < ��' • Til . , •r. —_ _ _ i � � / -Si Ito' •w b. t I !, .. ,` .. U iv .. �4i j. : ,rte !. . .,' es, 8;''N�S9 ..• • f I/ '` ‘111 -- . '... gyp..t' Y• • �a1 1 SAS - �. -L. . . 1( r� ' . ' 41- ... , r °� ✓ yea IMP r r__' �' ~ ,,e,. ^•'�' �� sa _ - ;"t<Va Y^ . . •1 R" _"� .fit JY IM'>.•4 �� ."41 1 ,1 - ri t y 3 n' t1 �* I i M, t _� • 11 . ��',,jj�`1 _ '� y , ® l- '._�, lr 1' � • ...4.••.%'•' is , . g _ -� . n toe% * N` 4¢.^+(R M4 ,� '+•, • •, --,tar / —� .� 'w.' y y,/ 4.,.r p �i '1�ay�T •d s •{ s `� w ka 1 rV` - "^Itw atdN�, fr ,� —�i, '..";454`.4440/."4"; '.4-,.t4,4--•V i.. .W '..,,a.„,..,E1 ., s4 ': x M:.� +M 1 y pq� ..fib.+ i.....Iq.."&•. A in h AP-).. ...�.�.l r S ,r. ._ • ALL >• A I 1 C � : ,_' j „. Y471 -` fij ..t*- ,• • • #..A. • "zw► ■— ` _ . •gig of L .fit, -SO- ' d _�/ --�� "� w . •" - r,e r> `mss `}�. ` F i _ a.�. s : � s}/ _ ?WSJ,, _ a� 'tyy�9 �' f --, 1 ri {tS a..-::-::::- I: i.. :1:' 1 7 ter "Clill - \ T.41:"*,:,;:?;:„,": vex.✓ t� >'' '� rnXu � : ! i k� ,_K, _.iy .>. :,I'.:1 4. ad. ' •�,,= : ra. _ i �rcr�'.� ii cif ,:. • 3y#��ia •• •. y{[ :.4. .. 4 f`f�� _- _ Z is i ' „ ._..�. ,�dy _. . 3 )y) II - 1� I '1" i. .� _ t� r � v ft 1 _'sr p R "r ;F{, f ;N i< . •1 r J r . ti. _ _ �' a. -- : I ; f, r JAI , \s . ate •,=all,� , . td W. : .C ..if'-,. ; j a y ti r. . .,y '."" C , '7".:(:N " k s N L .,--% 1 41 _ r„._---iiii __,_____,_, ,a,..er *, al All J `,,__._. ` 0 `fib,. t'� 4 b ' -- ,. ...,,L .. . . .. 9,r,,,,,,,_,, 1m LAND-USE APPLICATION SUMMARY SHEET Date: May 29, 1990 CASE NUMBER: USR-911 NAME: Steven H. and Kim M. Nelson ADDRESS: 7510 Hygiene Road, Hygiene, CO 80533 REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Tractor and Farm Implement Sales and Service Facility) in the Agricultural zone district. LEGAL DESCRIPTION: Part of the E} SEt of Section 6, T2N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 25-1/2; approximately 2 miles south of the Town of Platteville. SIZE OF PARCEL: 2 Acres, ± 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 Army Corps of Engineers, Platte Valley Soil Conservation District, Colorado Division of Highways, Town of Platteville, 011 and Gas Conservation Commission, and Weld County Engineering Department. Copies of these referral responses have been included in this summary packet. Two letters of objection have been received from surrounding property owners. 9C ex."' Q� ▪ X\1. •Ip•. •. {1J _(. 1 .1 � +,r• N�a,�.% �_-�T --�..,, ,�..�. - la,. - - r pp • K testa •_ _ y ,l"'p • DENT 1• • np ! •u..• • 10 • IpI r•a I. • >• i •• ir,=�F! • —.. .. •— • i �_ �•�I• r'a ..�y�. ,�e!�LI:�.�..�•- • [a• ESWES 1• i Mace/ !!!/// I. ® • n-�$II�l • C/„Ito j , •. a' [+ ! 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I,. !:II: •_.h c°n°r p� 1 4 ,!i/ � TEN Ml• 1Ia�••i� ',•�q �C•I (� u . .. • • l •1"its �,• War Pe CI a,� \I d -_lI 1 V • ? D L ° - �4 ��• I ry i c . VII° • ! �` i••, • y •t`� •Hx• z T : 1 • A• 1'. •�•• mFc' er Ftl_ '�• � 'I u_ ',: .�j• t„•-•• n/ ✓ r' I) •• I- ,�-____ � ':1 �N Y I/^ / Ir .y � .. 'I 0 P `'\ w 36 �. \ '� 31' �, \� H,, ' 32 �sf,:>,• .t I/ II so V �! I� II �� _ 442 ,484 �I �. 483.1�f aaaa �� , I I r , •a � .. ./ I � �/ „ 1 1 I�Li i- �\ o � 4 11 ' O i .. �Ir�=/J,'.3 1 ( 5 / 540 .d• 4846. _ l� < p. 484 i 5 x A, ��/ r o r�I.`J .., \ , • 91 1. • 7 een _ t a i. ��ht � �� •4 �� dos. €� c C' a �� N �. j';4 <i • i. i'lr 'AVO ,I1 8 �U ) C I I i r.if � � / i .o-H \ ,�� I / .,.v.,.. iill I hMnxcl •.y a f.,,� I� _ W 1 t 000 \ (. v �/ R a 1 I 4 St Z 1' 1 17 o ' ;��,,. Vollma3 ' _ 1 1'l esz ve54i ( a Y , 8 ip '� ae�o II II . ; 3. . :, '-.. k a 11 ICM /t• • i r x• i• : •• :> ... . ' xx ''4}. r4 tY u 1 a _.I 3t }. r t -mot .?;. sf a. S'°kar .:. '* •w ' 1 • • ‘14,. ' t,":41 • r Y• ,1 I . t 6 4 ? I x: r � in 'elxYcx. ., � • ,�#St 1Ri L :f x • x yx ! a St J• •t n . :. Si • t��rt y t z{ i b f' M 'A' tmZ N ` •• f TCa .:a 'I.. }'1 111,f i > �Slf� # {{Y- '. ° '� .4� s q `� I4 rm w'.1a,,•_ .''r : a a k+ 4 �a 'ar: -j4114(• ; il,:;.?:.:4i;:lri1L'II:7,;i,. ..;" p4j.p x fpS ' # - u t *rc:,,:i.f...:, j .4. I ��"' z ^i%aP p•• li 1 l .4 .5 • •• 6s ' r e x t MM' .x«3a.. 7, i ti . „�^",•Y+'t'L !l r+ri-•2'9' t 4‘44:4.4•.‘1•4••1:•''-C' t 1 • "" �, a a tk > Is - + f 4 , . t M n n=t s. Ar 11 i `. 1 `R • CWet... 1 e 1 -- FIELD CHECK FILING NUMBER: USA-911 DATE OF INSPECTION: May 11, 1990 NAME: Steven H. and Kim M. Nelson REQUEST: A Site Specific Development Plan and a Special Review permit for an agricultural service establishment (Tractor and Farm Implement Sales and Service Facility) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E} SE} of Section 6, T2N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 25-1/2; approximately .75 miles south of Weld County Road 26, approximately two miles south of the Town of Platteville. LAND USE: N Highway right-of-way, Weld County Road 24-1/2, agricultural production E Highway 85 S Abandoned Weld County Road 24, oil and gas production, agricultural production W Weld County Road 25-1/2, two residences, agricultural production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The property appears to be an old unreclaimed gravel pit, as stated in the application. Some fill has been excavated and placed along the south border of the property. The property also contains a crane that may be inoperable, and a pond with cattails. Access is from Weld County Road 25-1/2, a gravel county local road. The access will have to be built up, as well as the rest of the property. All of the property is visible from Highway 85. By n 11 J. y / Current PI nner REFERRAL LIST NAME: Steve Nelson CASE NUMBER: USR-911 REFERRALS SENT: May 4, 1990 REFERRALS TO BE RECEIVED BY: May 18, 1990 COUNTY TOWNS and CITIES Attorney Ault / X Health Department Brighton iExtension Service Dacono Emergency Management Office Eaton a Sheriff's Office Erie X Engineering _Evans _ Housing Authority Firestone _Airport Authority _Fort Lupton Building Inspection _Frederick Garden City STATE Gilcrest X Division of Water Resources - Greeley _ Geological Survey Grover Department of Health 50 Hudson ✓ X Highway Department s.3t ,p�. a� Hudson X Division of Wildlife Olc Itr" ° - Keenesburg Water Conservation Board - Kersey x 011 and Gas Conservation Commission _ La Salle __'Lochbuie FIRE DISTRICTS _- Longmont Ault F-1 _Mead _ _ Berthoud F-2 Milliken Brighton F-3 New Raymer _ Dacono F-19 Nunn y Eaton F-4 x Platteville Fort Lupton F-5 Severance _ Galeton F-6 _Windsor Hudson F-7 _ Johnstown F-8 COUNTIES _ La Salle F-9 _Adams _Longmont F-10 Boulder ^ Milliken F-11 Larimer Nunn F-12 _ Pawnee x Platteville F-l3 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 v/ X US Army Corps of Engineers __-_Poudre Valley F-15 USDA-APHIS Veterinary Service ____Raymer _Federal Aviation Administration _Southeast Weld F-16 _Federal Communication Commission Windsor/Severance F-17 _Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS ✓ X Brighton - Platte Valley OTHER _Fort Collins _Central Colo. Water Conservancy Dist. _Greeley _Panhandle Eastern Pipe Line Co. _Longmont ,.- a F _Tri-Area Planning Commission West Adams 1 c..'t."-u" COMMISSION/BOARD MEMBER X Bud Halldorson • • 'L ..1-z, __arc- ice..-..d.cr.: ._".c. .Z , is r- :.oral ff: F ur. i ee:l ••�.«^• ,..:,. :i.F':'t1% :.iixi:"RGL �.. _. "L'C`D'. .+t Cgt l'icl of _ .S . hol. . ii beat :i,7. keinor 'ac:c_7,,E]mac .a wa ct 7C iII` IlmrCt 7 , ':cf.!' Litf- ='!L'tin: ait]l: concern*, l'puL vroposec ? i T• .:!•Qt. t'f i;e7!t C:ZCI i,-: S'C`qi:1'E Tbti fiiiil1€' QF ar " T+ l`' :37: RLrer C+: tre:.lara lo care !r. 'pe tior t., 7-.:,..t.- P.-e(,-V,, `fie ii Countr, wo:oratk=. baser of :tie inftrmario Fut: orovioec ; Uilr. Gaff ict her determiner. tnaa' 'ri: oropaseeL wori .i.2 autdiorIcei' 4t[ rite :JS'partmeC of tot- Arm' Nkl.to'Cli:iric Permit ;Gua. o: al. C^'!. 1'crt "3f:.5:.a. (`t. . EntloceC tact sheet w tC:, fu?tt eescribet t :..r N?..tif:tnvact T_•farm.: &hi. i..att tht Letecial yo'. eLt.3.ont vv.:xi- mnst oe az.:1oree. wR l.tT..fit ugz az, ine..v ont. .:lei, =c alen! [: ttlt P.M permit e.;...:1 ne: or. rec:i. :'e: for Liti rrrTiet.:.. =Ail ClOef no: Ei.!=.1.nate znr rClfeasi.:"Gment that vet: Cli..VAil. 31”- Mae,' tln:;:..{:ult. Federal, f,tmt . or to h. twerm.7.tr el =rely :3 ret!. P..t6St note ri of eevi.r:i:2onc f-rot. r.nt origine: T+lcat ant s ec ifit:e..ont or your pro ec:- Goad.{ reoui :'t egidition l 5oouit wit £ av ;le.* :iQeOPie wtilkre, `a`>'7i:'t E: titer ar tre4;angerei. sootier or i 1. Cr:..t:.hel hel-, .e.. e"..tlat witbit vonr orr:sec_ crea. yon mew immediately no . tv tttkt ofw:.ek.. `ot.: art. t[::'i aet. that tt it veri Eitatier_ tk- tut-. nar to'.vino per-c:r a ut o iontior. Rlf ve o=SCuslcec , your 4 roro6a t drEar,nl (excovw.:,.om) ac':ivit-y it ocher oortiuns n; the a etlan4 a: thir Czte W 11 not .ecuirf & Depoi'nmot.t of the Army Permit. AIthfr: gi. k D . pernit ce I;. no: I,z requiree for Liar croci :zrt-, the doer not eliminate tai requirement that yot: ootair otUcr epolicable Feoera:.. StA'.t and Local Permits. mg �< 1990 �r�i n . 9 f t• 'L.. _ Weld Gu. Piank t �adnt}uss�a� Also, if at some tie in the future after return irrigation flows and excess irrigation water storage has been eliminated from this wetland site and therefore the wetland ceases to exist, this existing wetland area will no longer be regulated b the Corns of Engineers. If you have any questions concerning t 3e/979412U or 4121 and reference Nationwide i matter, please feel this office o_ call Terry McKee a Permit application, number CC-89-30. Sincerely, Terry McKee Environmental Resource Specialist cf: Permit Filed Omaha Permits Branch Colorado Dept. of Health C.S. Fish and Wildlife Environmental Protection Agency Coloradc Division o: Wildlife r efrA 0 i All t,hz+.r• part-'cif iiie EerIE 1./2 oI' 'the tlputhoaet Quarter. of Scotian G, ry, r; lownrtlttp 2 tiortU,B -0 Gb •Waat p1`, tho .fitly; Ilit ,a lie? louuty'Soloraclol;`IT Ls,: lytne; Wanter7.y not feet or Atio,0§titer at the Union Jif10 tta61caa , ' o.rogfrt. the South {�'60g0 moot end � O'Woot 30;'0 feat thereof` right .ot way' ' '� , , for rareln and eilioollting tho falloOing denorlbed pa.rcell ;o{"lan)V ber_lnn.tilg at a SOInt 60•40 foot. Sorth of alai 3[149 foot.Rgot of the South— . Wont !acir1tor or 7nit7 Ene-i ]/e.,of. tb.o Southcant 1/4. of of liec� G;. 3V2 1I, fl:GG N.' o. 1 Clio (+tii' .1(, p the nllo l�3 VIIMb :ilti .).a1 to 1,116 Gout lino Of Weld Sco';G�"�• `- . , o tlte,tRnO9 fir 11i0,0 foetpthence .Sarth 25n 0 foot parallel tq the. Nnnt . 71ta of /mid Each 7J'2 of the Sae ,,heant l/➢I t+f said. Sec': 6i ;bongo Went t ralloa to thelaoiitlt 1.1 e 'af Seale G n diethnge-of 1$0;0 feet{ thoncio I' ntb ?'.;(1',0 fart, parallel to IAA,: Foot lino of 'the Eaat 7./2 of the South 0 ,L 7. .t i c].-i ou'p 6 to I ttc point 02 beg(?intiinga said tract containing. .1I1'...1 P:.: ,; Wort' or :Lunn;aY11.tuil"Of Of:,xooptiens,cubjeot to tight of way Car a 91tch a:Lonc , he South rirle :of nail property . ' n J ,/ IA1 •.i • b C — 1J r riH u mr,v r .,3y -i /+i r•qe AGRrnnou- .2/.onp .... _."..:A as Claw TBA-ct-. /J E/..sou—Copp L:--L,a — Co. (A'� Lizt,mt- , �jC%p- -F4-1-&i.:.• l 'iv O/ -Ill,+i r c+cam >ilciJ ' , ��t 'i� COLTICPT- -7^ OV Ct wi �1�.�� OrJ " jf1 �thfsr-- ot; 1 ' i� =-�=� -�, �c),-0,- A-, titi' ; '' C»1-- �(v / ��UJf} � �� i ei_ ,�,s, ��i/a� f/�V l �Vr •�� Oi�F �S 1',--1:-;. ..:17r- /� --�l��: 164- AI P • 6 L_A D 7 ! IA/ ill/ L' r f—' v 1— (1° 12 . 5� yon �� LI ILA. -'7'_r��ri lt ! i ,--__ N;—t y 77 iq t =SAY 1990 /. � ' _ =_J r _ a ��S h-.ni I;n. i91AliYIIAt erro i+�s , j:I1; iL•Gc-- ii - .)� STATE OF COLORADO OIL AivO GAS CONSERVATION COMMr„SION 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 May 15 , 1990 Ms . Lanell Curry Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Application for a Site Specific Development Plan and a Special Review Permit Case # USR-911 E 1/2 SE 1/4 Sec 6-T2N-R66W Dear Ms . Curry, This letter is in regard to your request to review and comment on the tractor and farm implement sales and service facility application for a site specific development plan south of Platteville. I have reviewed the application and do not find any conflicts with the plans presented. I have enclosed an area well plat for your information . Future drilling in this area, should it occur , will have to comply with our safety rules , specifically: Rule 603 (a ) Wells shall be located a distance of 150 feet or one and one-half times the derrick , whichever is greater, from any occupied building, public road, or major above ground utility line or railroad . Rule 604 (a) ( 3 ) Tanks shall be a minimum of 200 feet from the residences, normally occupied buildings , or well defined normally occupied outside area . Rule 604 (b ) ( 5 ) Fired vessel , heater treater , shall be a minimum of 200 feet from residences, occupied buildings, or well defined normally occupied outside area . If I can be of any further assistance I may be reached at 894-2100 . Yours truly, 1 DI)511 Stephan Pott IMAY 1 61990 Sr . Engineer r n,, o fµ , thilb CU. Plnlr�!ak ��+dsrsY .-- Z �' 1 g y ' wl Jrydkj _ ." I CV CU r'4I'Po'Alkik • " EAS' CO 3 z ry i =W. 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Box 850 - `" -<S Greeley, Colorado 80632-0850 t* Q f (303)353-1232 MAY 15 1990 1 "^ =0 May 14, 1990------ Veld Et Weld Co., S.H. 85 Ms. Lanell J. Curry, Planner Steven and Kim Nelson Department of Planning Services Site Spec Devel. Plan Weld County and Special Review 915 Tenth Street Greeley, Colorado 80631 DOH File 45100 Dear Ms. Curry: We have reviewed the Nelson Site Specific Development Plan, and we have the following comments. Projected traffic on State Highway 85 indicates the need for a 150- foot total right of way, 75 feet each side of the highway centerline. Since the existing width along this property is 90 feet west of the centerline, no additional width to meet the projected need should be protected. Access to the property shall be from Weld County Road 251/2. No access from State Highway 85 will be permitted. Our comments on state highway access are based on the information pre- sented for this property only. If the property owner has any interests or ownership in adjacent property along the highway, this information should be provided since it may affect our comments. The highway drainage system is for the protection of the state highway right o£ way and is not intended to accommodate drainage from abutting properties beyond that which has historically been accepted. Therefore, we ask that on-site detention o£ surface runoff be provided so that the historical runoff rate will not be exceeded due to this development. If any new utility line or connection is proposed within the state high- way right of way, Mr. Henry Rangel of this office should be contacted at 350-2111 regarding the need for a Utility Permit, prior to any such work. Thank you for the opportunity to review this proposal. Please contact me at 350-2163 if you have any questions. Very truly yours, DOUGLAS D. BANES DISTRICT ENGINEhtt Evan A. Hooper, J cc: L.D. Yost Development/Access Coordinator R.G. Sherriff File: Hooper via Crier ,.a ...... Platte Valley Soil Conservation District 60 South 27th Avenue- Brighton, CO 80601 - Phone 659-7004 May 15, 1990 Ms. Lanell J. Curry Weld County Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number: USR-911 Steven H. and Kim M. Nelson Dear Ms. Curry: Most of this area is located in an area that has been mined. The exca- vation to remove soil material was greater than five feet below the original soil surface. The requirements for shallow excavations, build- ings, and septic systems will have to be based on fill material. The present pit fills with water during the summer months when the surround- ing area is irrigated. This could cause a high water table which could cause problems for a septic system. Surface water runoff should be considered in the design as much of this area will be covered with roof or hard surfacing. Draining water into the remaining pond is possible but it should be done in a way that will pre- vent erosion on the pond banks. Sincerely, el �', Clyde Abbett, President Board of Supervisors •ell �i[�, It(' �S �,�1 t—, o ,770 z'� 4T i.,1 r If SAY _1 8 1950 1thf9 Ca, Plamin emrmissiae r:/7. " CONSERVATION-DEVELOPMENT-SELF-GOVERNMENT (" �.�Nv .- c9\fitk DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 mile CASE NUMBER USA-911 COLORADO May 4, 1990 - TO WHOM IT MAY CONCERN: Enclosed is an application from Steven H. and Kim M. Nelson for a Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Tractor and Farm Implement Sales and Service Facility) in the A (Agricultural) Service district. The parcel of land is described as part of the Ei SE} of Section 6, T2N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 25-1/2, north of Weld County Road 24; approximately two miles south of the Town of Platteville. 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 May 18, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. Weave reviewed this request and find that it 1/ l/fdo-ee does not) comply with our Comprehensive Plan for the allowing reasons. _ 6 a .7L) 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our K �i town for the following reasons: -sI sn -.1 o r. A�I E •�; f l' 1) 3. We have reviewed the request and find no conflicts with our ` interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. _ Please refer to the enclosed letter. real () , Signed: �sBe �-�Ct�c ( Agency: [ atf"ECLil ( 'C144,1: S f a)I1.1 C. nisi r.._i i NH.1. . (` II 'Uri ; is N I NI�"I::_� i I N jI c.I te, . i ‘ilI,. , -i I-I i f I II .L. �� ___, �� I t - �. L ...,i PHONE(303)356-4000,EXT.4400 • C ` MAY n A c390 -1 91510th STREET ,-/ GREELEY,COLORADO 80631 W I ik. �Yrc...,_.=: .._ __ �...•',,1 CASE NUMBER USR-91 I COLORADO May 4, 1990 - TO WHOM IT MAY CONCERN: Enclosed is an application from Steven H. and Kim M. Nelson for a liftis 14v* 1 .. and a Special Review permit for an Agricultural iffire `E" Wts�en₹Tractor and Farm Implement Sales and Service Facility) in the A (Agricultural) Service district. The parcel of land is described as part of the Ei SE} of Section 6, T2N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 25-1/2, north of Weld County Road 24; approximately two miles south of the Town of Platteville. 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 May 18, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, 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. L___7 cD 4.m u( R - E. MI 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of "Sur '�j town for the following reasons: = J s11 .o ::l �f o -ate�l 3. 611 We have reviewed the request and find no conflicts?mith our-t2LI interests. 40 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. x'4,1 r.,, .,',- 4, :C'n. Signed: 4,4449 az,4,11 Agency: 7/.ss/Ati t DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 I 91510th STREET GREELEY,COLORADO 80631 �i CASE NUMBER USR-911 COLORADO May 4, 1990 • TO WHOM IT MAY CONCERN: Enclosed is an application from Steven H. and Kim M. Nelson for a Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Tractor and Farm Implement Sales and Service Facility) in the A (Agricultural) Service district. The parcel of land is described as part of the Ei SE} of Section 6, T2N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 25-1/2, north of Weld County Road 24; approximately two miles south of the Town of Platteville. 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 May 18, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. v We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. /ire . bile /v/ fAp/^/C . 0041`P 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. t/ 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: n ;a 5. Please efer to the 'the //enclosed letter.��} / �� Signed: G�Owen- Agency: !/YZ°�1l Rn# //Qs/ol%�'//��411s r/SS/o`j FIELD CHECK Filing Number: USR-911 Date of Inspection: / '/47 /5 /990 Current Planner: Lanell J. Curry Applicant's Name: Steven H. and Kim M. Nelson Request: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Tractor and Farm Implement Sales and Service Facility) in the A (Agricultural) zone district. Legal Description: Part of the E$ SE} of Section 6, T2N, R66W of the 6th P.M. , Weld County, Colorado Location: East of Weld County Road 25-1/2, north of Weld County Road 24; approximately 2,miles south of the Town of Platteville. I Land Use: N ��/ean /oeect rite/ ite/ // E ,/i/� f �t 13 ,/J/" TGI8A, /HN/7 4)4/ / ��i^U� 401 S /%/ 194 �e/%/)9 / /-42.q (ter�T/ia4 erat Aogi w /erlavCr, /y0/ Zoning: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: hare IS a 6aufe �� e c3va4Neri ernOr ee 071 r-bY9 °� pia✓ afio*ae \fiat' kve� / Gl-e-vd.rs C . /1O J;oPx- ia/ 4a 07 Cnee6, readk waven i 71-1(dZ 4 Signature of Board Member PLANNING C012IISSION SIGN POST INC 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 TEN (10) DAYS PRECEDING THE PLANNING COIDIISSION HEARING FOR CASE J THE SIGN WAS POSTED BY: 5TEVEn/ A . E[son/ NAME OF PERSON POSTING SIGN 77/ SIGNATURE OF AP ICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THISc=.251tit DAY OF VYet-I y- 19"l U. o SEAL (� NOTARY PURL 9/ - /D y,C,..-CF. . / 03 OD&B/ MY COMMISSION EXPIRES q'1 -/ '93 LAST DAY TO POST SIGN IS: 19_ 01;#.1151 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET ' GREELEY,COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, June 5, 1990, 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: Steven H. and Kim M. Nelson LEGAL DESCRIPTION: Part of the E} SE} of Section 6, T2N, R66W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: Agricultural Service Establishment (Tractor and Farm Implement Sales and Service) LOCATION: East of Weld County Road 25-1/2, north of Weld County Road 24; approximately two miles south of the Town of Platteville. SIZE: 2 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 publish ne (1) time y 1 , 1990 �> Received by:Date: c-Th Q/ � I cto IJ of 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-911 for Steven H. and Kim M. Nelson 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. 0�.,1v_ 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 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-911 APPLICANT: Steven H. and Kim M. Nelson REQUEST: A Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Tractor and Farm Implement Sales and Service Facility) in the A (Agricultural) zone district. LEGAL: Part of the E} SE} of Section 6, T2N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 25-1/2, north of Weld County Road 24; approximately 2 miles south of the Town of Platteville. For more information call Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, CO 80631 Phone 356-4000, Ext. 4400 COO SURROUNDING PROPERTY OWNERS SURROUNDING MINERAL OWNERS STEVEN H. AND KIM M. NELSON USR-911 John A. Kunzman 11005 US Highway 85 Platteville, CO 80651 Sylva I. Kunzman 11005 US Highway 85 Platteville, CO 80651 William C. Kunzman 2021 Clubhouse Drive Greeley, CO 80634 Ruth I. Kunzman 10952 Colorado US Highway 85 Fort Lupton, CO 80621 Amoco Production Company A Delaware Corporation 600 South Cherry, Suite 915 Denver, CO 80222 Sakata Farms A Partnership P.O. Box 499 Brighton, CO 80621 Bob Magness 4725 South Holly Street Englewood, CO 80111 Kenneth C. Miller 12251 Weld County Road 22-1/2 Fort Lupton, CO 80621 Steven H. and Kim M. Nelson �I t' l 6Z I ,(r.1' 1516 Centennial Drive 2 Longmont, CO 80501 /A6/0 ��L yG.LCALL A tad, 0 ! Ramon Mora Juanita D. Carter ;� (�C E?t� i �� 280 Kahil Place G Fort Lupton, CO 80621 Elton N. and Catherine S. Miller 12251 Weld County Road 22-1/2 Fort Lupton, CO 80621 9C Cfi� Page 2 Rolland A. and Ester H. Johnson 437 Eastern Avenue Brighton, CO 80601 ['- ) AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property All that part of the East 1/2 of the Southeast 1/4 of Section 6, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described in Exhibit "A" attached hereto. 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. /dl idy Kathryn Wolking Weld County Title Company The foregoing instrument was subscribed and sworn to before me this a(p't4., fo day of ( �( 14,e j2 , 1t. WITNESS my hand and official seal. My Commission expires: 4e, " �� Notary Public v k e)5010 7510 Ligren � iZta� 'i,� �.+ EXHIBIT "B" The following are a list of mineral owners and leaseholders for that portion of the East one-half of the Southeast one-fourth (E1/2SE1/4) of Section 6, Township 2 North, Range 66 West of the 6th P.M. owned by Steven H. Nelson and Kim M. Nelson. John A. Kunzman aka John Kunzman 11005 US Highway 85 Platteville, CO 80651 Sylva I. Kunzman 11005 US Highway 85 Platteville, CO 80651 William C. Kunzman aka William Kunzman 2021 Clubhouse Drive Greeley, CO 80634 Ruth I. Kunzman aka Ruth Kunzman 10952 Colorado US Highway 85, Ft. Lupton, CO 80621 Oil and Gas Leas from John A. Kunzman and Sylva I. Kunzman and Ruth Kunzman to T. S. Pace, recorded March 26, 1970 in Book 622 as Reception No. 1544376. Said Lease extended by Affidavit of Lease Extension or Production recorded August 6, 1974 in Book 720 as Reception No. 1641967 and by Affidavit of Lease Extension or Production recorded August 12, 1974 in Book;721 as Reception No. 1642523. Both Affidavits were filed by Amoco Production Company, a Delaware Corporation. Amoco Production Company, a Delaware Corporation 600 South Cherry Suite 915 Denver, CO 80222 �C. a itk DEPARTMENT OF PLANNING SERVICES PHONE(303)356-0000 EXT.440 0 i 91510th STREET GREELEY,COLORADO 80631 C� COLORADO May 4, 1990 Steve H. and Rim M. Nelson 7510 Hygiene Road Hygiene, CO 80533 Subject: USR-911 - Request for a Site Specific Development Plan and a Special Review permit for an Agricultural Service Establishment (Tractor and Farm Implement Sales and Service Facility) on a parcel of land described as part of the E} SE} of Section 6, T2N, R66W of the 6th P.M. , Weld County, Colorado Dear Mr. and Mrs. Nelson: 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, June 5, 1990, 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 Platteville Planning Commission for its review and comments. Please call Bob Thorson at 785-2245 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to May 20, 1990, you or a representative should call me to obtain a sign to be posted on the site no later than May 25, 1990. ( ,CIA,1 Steven and Kim Nelson USR-911 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, -� Lanell J. Curry Current Planner pc Fred Otis Greeley National Plaza 822 7th Street, Suite 300 Greeley, CO 80631 May 21, 1990 y The Weld County Planning Commission �?f p [��r�2 r1�; Weld County Department of Planning Services �[� 915 10th Street mAY 25 1990 Room #342 _ _ Greeley, Colorado 80631 Weld Co. Planwrig M nxisvut Subject: Case Number USR-911 Dear Weld County Planning Commission Members: My grandfather, Mr. Ramon Mora, and myself own a small home which sits on a small one (1) acre tract of land, located at 11020 WCR 25 1/2. The home is directly to the west of the proposed site for Mr. Nelson's Implement facility. We are both very much opposed to Mr. Nelson's request to re-zone his land for commercial use. The reasons for my opposition to Mr. Nelson's proposed project are vaned, but can be separated into the following two categories: 1) Safety issues. 2) Potential devaluation of property. Let me first address concems regarding the safety issues surrounding Mr. Nelson's proposed facility. As a mother, my concerns are created from a knowledge of all children's inquisitive nature. Children love to explore, and Mr. Nelson's project provides incredible opportunities to explore new uncharted territory. If Mr. Nelson's future endeavors to protect against unfortunate accidents is anything like his present endeavors, quite frankly, Mr. Nelson will fail. Currently, their are several deep holes which Mr. Nelson has excavated, potentially a dangerous traps for unsuspecting, curious children. These holes are not fenced or marked in any way, and become an even more dangerous death trap when the ground water rises, as it does every year. I have not mentioned the increased vehicular traffic that such a commercial establishment would inevitably bring. More traffic to hit unsuspecting children who are playing as they normally would, and as they should be able to. I have not mentioned the traps and pitfalls which will be created from having unusable farm machinery spread and stacked all over Mr. Nelson's property (all junk yards have junk piles). Traps and pitfalls for unsuspecting, inquisitive children. I have not mentioned the hazards that will be created by having oil, gasoline, and other flammable fluids leaking all over the ground. Not just fire hazards, but environmental hazards, such as potential damage to our precious ground water. My second area of concern, though not as important as my concern for my children's welfare, deals with the potential devaluation of surrounding property, which almost always occurs in situations such as this. Mr. Nelson is not building structures that will add beauty to the country side. He is proposing to build a commercial farm implement junk yard. An gicechin establishment that will become an eyesore and will increase traffic in an area that is basically a small, quiet, rural, residential, fanning community. Who will want to buy a home and live next to a junk yard? I believe everyone has a right to make a living, and Mr. Nelson is no exception. But I don't think that anyone has the right to make a living at someone else's expense. Mr. Nelson's project would be tantamount to putting a nuclear reactor in a residential community. He would and is building his farming implement facility at the expense and the safety of his would be neighbors. I urge you to carefully consider all the issues related to Mr. Nelson's proposal. Please don't allow this residential community to become unsafe for our children. Respectfully Submitted, Juanita D. Carter SC : . I[11 10952 U.S. Hwy 85 Port Lupton, Colo. !`1y1 Cf.l. 9laaniu Commissiat May 21, 1990 To the Weld County Planning Committee• CASE N U M 6 Z : U S R - 9 1 1 .f I and my family oppose a change in zoning for the part of the E4,44 of Section 6, T2N, R66W o£ the 6th P.M. which is owned by "teyen H. and Kim M. Nelson. This parcel is zoned agricultural now and they seek a change to commercial to accommodate a site for a "Tractor and Farm Im- nlement Sales and :;erviceFacility". This piece of pro;-.erty is an old gravel pit which is a lake or pond during some nine months of the year when the underground water table rises along the whole South Platte valley. Every summer since the ligh- way Department of Colorado dug this gravel pit to four-lane Hwy. 85, there has been two to five feet of water covering about 95% of the acreage. To try to make a site for their proposed facility, Mr. Nelson has b en ex- cavating parts of the gravel pit deeper and piling that gravel over the very south end of the property in an attempt to build a ground-level site adafjacpnt to a private road (the so-called WCR 24). These deeper holes will expose the underground water year around, and put the Nelsons in vio- lation of the present law which states that all gravel pits excavated after 1980 must have augmented water for the evaporation loss. Any acreage thus reclaivgd would be very small and most unsuitable for a commercial :site for several reasons. It would not have access from either Highway 85 nor the private road to the south; access would have to be from Weld County Road 253/2 and would thus circle around the home on the corner which is owned by Juanita Cater of 280 Kahil in Fort Lupton. This horn* has„been lived in by the same family or their descendents sinee long before the gravel pit was dug. Traffic and commercial operation so near would bring more dust and noise which would lower the property value there, and be an eyesore to the family there and to the other five homes in the immediate vicinity. I have a dded for the private road (so-called `.JCR 24) which extends east from WCR 25y�. The Weld County Commissioners vacated their road here in 1965 and deeded it back to me. I have paid taxes on it ever since. I am enclosing copies of these two actions taken by the Weld County commission- ers in 1965. I have allowed neighbors, the school bus, and the rural mail (IOW carrier to u.:e this ,private roadway , but I do not intend to give use nor access frpm it to a commercial business which I , my family, and my neigh- bors oppose. Moreover there is no Meed for a facility of this nature in this unnaturel location with difficulty of access. There are vacant properties already zoned commercial in both Platteville and Port Lupton that are available fdr such a purpose. Some of these properties once sold and repaired farm machinery, but have gone out of business for lack of patronage. One repair shop one male to the south at Ione has opened and cloned periodically as it changes hands because it has trouble succeeding financially. 'Store sre many fewer farmers between Platteville and Port Lupton today because each farmer now farms what used to be several farms. The larger farmers now have their own repair shops , and the needs of the °theca are met by the shops that have mana-,ed to survive the downtrend. Anotner reason to deny this ap .lication is the fact that there are two oil-well holding tanks within 60 to 70 feet to the south. Let ' s beautify Highway 85 and not have it one endless stretch of unsight- ly ventures from Greeley to Denver. The Nelsons are applying for a zoning for a "Tractor and Farm Implement Sales and Service Facility". Hr. Nelson told me last year that he planned to buy uoed farm machinery and repair it on this site. The second hand machinery yards I have seen are usually junk yards in appearance. If it worked such would still Se unsightly located so close to so many homes , and the great chance is that it would become just another abandoned business and thus an even greater eye-sore. This property is good onlj for wildlife. Let it remain so. Sincerely, CI C� cC. 1 n Of Ni `i VACATING COUNTY ROAD NUMBER 312 RY QUIT CLAIM DEED WITH JOHN H. KUNZMAN BE IT RESOLVED, that the Board of County Commissioners of weld County, Colorado do hereby sign a Quit Claim Deed as requested by John H. Kunzman thereby vacating County Road Number 312 more particularly described as follows, Forty-nine and 50/100th feet off of the South end of the East half (Esc) of the Southeast Quarter (SEi) of Section Six (6) in Township Two (2) North, Range Sixty-six (66) west of the Sixth P. M. , Feld County, Colorado The above and foregoing resolution was, on motion duly made and seconded, adopted by the following voter AYESI `fir-�. . . „ 1'J,. . (,/e?/ / DATED, AUGUST 25, 1965 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MBe 33 Page of : � Recorded_ at U 1_J�`� — V V ---- at �_. r' ek A.) (A i KOOK 549 Reception No. I / 0G9S ANN SPOMEF. 0 ------ ..-_ Recorder. ' QUIT CLAIM DEED / / ,pnr rrp Okla fiPP>d, Made this 25th day of August i in the year of our Lord one thousand nine hundred six ty-f ive r - between THE COUNTY OF WELD, STATE OF COLORADO , of the County of We ld , and the State of Colorado, of the first part, and JOHN H. KUNZMAN c, of the County of Weld , and the State of Colorado, of the second part; WITNESSETIL That the said party of the first part, and for and in consideration of the sum of c=,. other valuable considerations and Ten ($10.00) -Dollars, e� to the said part y of the first part in hand paid by the said part y of the second part, the re- ..-c- ceipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do es remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, his heirs and assigns forever, all the right, title, interest, claim and demand which the said part y of the first part has in and to the following described real estate situate, lying and being in the County of WELD and State of Colorado, to-wit: Forty-nine and 50/100ths feet off of the South end of the East Half (Ei) of the Southeast Quarter (SEI) of Section Six (6) in Township Two (2) North, Range Sixty—six (66) West of the Sixth Principal Meridian. To Have and To Hold the same, together with all and singular the appurtenances and priv- ileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, in- terest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, his heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto setitt s hand and seal the day and year first above written. Signed in the Presence of THE BOARD OF COUNTY, COMMI„mayER 4” 2_z_F'.Lyil: t_r_. . , (Seal) t / hest • . ,r: ^ Di, ,,, i y � � 1./7.,--(7,-._/ l%� ' (Seal) fount Zeri< -�?ap_!ty..("n„nr Ci�rk��:�i�s<. , - --. STATE OF CULORADO,lss. The foregoing instrument was acknowledged before me COUNTY OF WELD J '��H t„S °' this � " e day of August , A. D. 19 65 , ,,,,, 4.....,.. . ....!i' .,, J. q p by Elmer L. Shultz and Edward L. Dunbar , I f \�OtARy ;' members of the Board of County Commissioners i1 i 44-0' : s 1. Witness my Hand and Official Seal. • PO \G ` 1 N. )• •••• Q ..: t-- , My Commission Expires/a-G—" / )i / `�(. `� \ e OF CO\c / • l �..rJ.L.� ' •• nmun„ `•,• 1 / Notary Public. 1 j C AV 6 ., a cl on C) 0( 4`' :. _NOTICE OF PUBLIC HEARING he Weld County Planning Conmtisslonl;will hold a public flea"3# on NesdaY June 5, 1890 at+.p.m. for tale p se 4 consideringC0nsideg a Site Specthe STATE OF COLORADO ) Development Plan and a special Review permit for the pr rty ) S S . described below. Approval of [he COUNTY OF WELD perqo�uerst may create a vested C:arery La right pursuant to M T�ANT: Steven H. and Kini 6� +JLSG"RIPTION: Part of the EK Se1/4 of Section 6, TZV 01t88W of the 6th P.M., Welrl ) Ok"" Colorado )-teing ANDINTENSITY6 PROPOSED USE: AgriculduO•aI dully sworn, says t " t he/she is Service Eatablishnient Tractor publisher of the N News, a weekly s yiea)rn� I"'p1eII'ent �S� �,a • LOCATION: East of Weld County newspaper published in Keenesburg R�oea�>az, north of Weld County in said County and State; that said aour of the Plataville. s S Platteville. newspaper has a general circulation 2actea,mnreorlesa 'd The public hearing wlll be held in the Weld County Conmiiasioner's in said County and has been contin— HOB Room First Floor, Weid ously and uninterruptedly published C°'�'tY °�""ial Center, s1s Tenth Street, Greeley, Colorado. Conmrents or obfectians related Co t h e r i n during a period of at least above reqnest shouid subndtted in tmen to the Weld fifty-two consecutive weeks prior C°�tY De Department- of Pl�,;r, Services, 9le Tenth Street, �to the first publication of the �, creelgy, Colorado annexed notice; before the above date or presented that said newspaper at the public hearing on June 5d is a newspaper within the meaning CoP1es of the application are o f the act o f the General Assembly available for public inspection in the a eParhuent of p Services Room 342, Weld Cp o f the State o f Colorado, entitled :en:tee:7108s center s1s Tenth tretreelCColorado 8 Te - "An Act to regulate the printing hne �4000Ertension4400•, Cha'' of legal notices and advertisements, " oelbepountYPla Commission To be �u�b.11.s.h-ed�'n ; and amendments thereto that the To 17,P°igi n°"` a� tf.n iy notice of which the annexed is a obis in n,� Naw Neia Way printed copy taken from said news- r,. paper, was published in said news- !:,': paper, and in the regular and entire issue of every number thereof, p: once a week for E successive r'' week( s) ; that said notice was so published in said newspaper proper and not in any supplement thereof, and that the first publication of (:: said notice as aforsaid, was on r�: the ( 0 day of Y71 al. ` 19 9 U , and the last of the ) b d a o f !�1 9 `i 0 4. c . t,', • k.. l" LSubscribed and sworn to before me this °.- .A u _ day of j?t Q.� (P.-..4-'''..'�� f : i.< 19 9e) 1'• h.: //// / t. A.(4924 ut t Lnj _ My 60mmissionl xpirc:,. .. , ..'992 r �, '� 1ti' 1111 t ' ' I uN 1 1990 1 k .�. .1 Ch, ,. field Ch, ON , r..IrYltl!'y,. t'. Y;: ! .. -- ... . 1 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number ===aa..c==_ =e_=aeaa°a===a s.=ede==se===aa..sse._wasse.. TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: Part of the E1/2 of the SEl/4 LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: / Section 6 T 2 N, R 66 W (see attached legal description) LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) PRESENT ZONE A OVERLAY ZONES TOTAL ACREAGE :Hy ,� .� 05(2_ PROPOSED LAND USE Sales and service cif agricultural equipment and implements EXISTING LAND USE nnne SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Steven H. and Kim M. Nelson Address: 7510 Hygiene Road City Hygiene, CO Zip $0533 Home Telephone # 651-6501 Business Telephone # Name: Address: City /Li Home Telephone ll ) Business Telephone # ,- / APPLICANT 0 UTHORIZED AGENT (if di erent than akdvdc�� Name: ��'h—� . #7��/ - Address: 7.5-/o /49;9_4.-A.. 2p City /rn Zip Aor33 Home Telephone 4 6S/-6,.s.--o/ Business elephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: (see attached list from Weld County Title Co. ) Address: City Zip Name: Address: City Zip I hereby depose and state under the penalties of perjury that 11 statements, proposals and/or plans submitted with or contained with' the application are true and correct to the best of my knowledge. // COUNTY OF WELD ) `�� /� STATE OF COLORADO ) Steven H. Nelson ...--6-3-' _' �__ ;c .Signature: Owner di Aut or z Agent Kim M. Nelson Subscribed and sworn to before me thi& .0 day o _ 19 90. NOTARY PUBLIC //�/A�90 "' —")1() a Df,, commission expires PROPERTY DESCRIPTIQg . The South Five Hundred and Ten feet (S. 510' ) of that part of the East Half of the Southeast Quarter (E1/2 SE1/.4 ) of Section Six (6) , Township Two ( 2) North, Range Sixty-six (66) West of the Sixth • Principal Meridian (6th P.M. ) , Weld County, Colorado lying West of the Right-Of-Way of the Union Pacific Railroad; EXCEPT the South Sixty feet (S. 60' ) : EXCEPT the West Thirty feet (W. 30' ) : and EXCEPT the following described parcel of land: Beginning at a point 60 feet North of and 30 feet East of the Southwest corner of said E1/2 SE1/4 of Section 6 , Thence East 140 feet parallel with the South line of said E1/2 SE1/4; Thence North 250 feet parallel with the west line of said E1/2 SE1/4; Thence West 140 feet parallel with the South line of said E1/2 SE1/4; Thence South 250 feet parallel with the West line of said E1/2 SE1/4 to the Point of Beginning. } vticTim 28 SOIL SURVEY 40—Nunn loam, 1 to 3 percent slopes. This is a deep, vegetation should be continued for as many years as well drained soil on terraces at elevations of 4,550 to 5,000 possible following planting. Trees that are best suited and feet. It farmed in mixed alluvium. Included in mapping have good survival are Rocky Mountain juniper, eastern are small, long and narrow areas of sand and gravel redcedar, ponderosa pine, Siberian elm, Russianolive, and deposits and small areas of soils that are subject to occa- hackberry. The shrubs best suited are skunkbush sumac, sional flooding. Some leveled areas are also included. lilac, Siberian peashrub, and American plum. Typically the surface layer of this Nunn soil is grayish Wildlife is an important secondary use of this soil. The brown loam about 12 inches thick. The subsoil is light cropland areas provide favorable habitat for ring-necked brownish gray clay loam about 12 inches thick. The upper pheasant and mourning dove. Many nongame species can part of the substratum is light brownish gray clay loam. be attracted by establishing areas for nesting and escape The lower part to a depth of 60 inches is brown sandy cover. For pheasants, undisturbed nesting cover is essen- loam. tial and should be included in plans for habitat develop- Permeability is moderately slow. Available water ment, especially in areas of intensive agriculture. Range- capacity is high. The effective rooting depth is 60 inches land wildlife, for example, the pronghorn antelope, can be or more. Surface runoff is medium, and the erosion attracted by developing livestock watering facilities, hazard is low, managing livestock grazing, and reseeding where needed. In irrigated areas this soil is suited to all crops com- This soil has fair to poor potential for urban develop- monly grown in the area, including corn, sugar beets, ment. It has moderate to high shrink swell, low strength, beans, alfalfa, small grain, potatoes, and onions. An exam- and moderately slow permeability. These features create ple of a suitable cropping system is 3 to 4 years of alfalfa problems in dwelling and road construction. Those areas followed by corn, corn for silage, sugar beets, small grain, that have loam or sandy loam in the lower part of the or beans. Generally such characteristics as a high clay substratum are suitable for septic tank absorption fields content or a rapidly permeable substratum slightly and foundations. Some areas of this soil are adjacent to restrict some crops. streams and are subject to occasional flooding. The poten- All methods of irrigation are suitable, but furrow ir- tial is fair for such recreational development as camp and rigation is the most common. Proper irrigation water picnic areas and playgrounds. Capability subclass lie ir- management is essential. Barnyard manure and commer- rigated, IIIc nonirrigated; Loamy Plains range site. cial fertilizer are needed for top yields. 41—Nunn clay loam, 0 to 1 percent slopes. This is a Most nonirrigated areas are used for small grain. The deep, well drained soil on terraces and smooth plains at soil is summer fallowed in alternate years. Winter wheat elevations of 4,550 to 5,150 feet. It formed in mixed allu- is the principal drop. If the crop is winterkilled, spring vium and eolian deposits. Included in mapping are small wheat car. be seeded. Generally precipitation is too low long and narrow areas of sand and gravel deposits and for beneficial use of fertilizer. small areas of soils that are subject to occasional flooding Such „-actices as stubble mulch farming, striperopping, Some small leveled areas are also included. and minimum tillage are needed to control soil blowing Typically the surface layer of this Nunn soil is grayist and water erosion. brown clay loam about 9 inches thick. The subsoil is light The potential native vegetation is dominated by blue brownish gray clay loam about 14 inches thick. The upper grama. Several mid grasses, such as western wheatgrass part of the substratum is clay loam. The lower part to e and needleandthread, are also present. Potential produc- depth of 60 inches is sandy loam. tion ranges from 1600 pounds per acre in favorable years Permeability is moderately slow. Available water to 1,000 pounds in unfavorable years. As range condition capacity is high. The effective rooting depth is 60 inche: deteriorates, the mid grasses decrease; blue grams, buf- or more. Surface runoff is slow, and the erosion hazard is falograss, snakeweed, yucca, and fringed sage increase; low. and forage production drops. Undesirable weeds and an- This soil is used almost entirely for irrigated crops. I nuals invade the site as range condition becomes poorer. is suited to all crops commonly grown in the area, includ Management of vegetation on this soil should be based ing corn, sugar beets, beans, alfalfa, small grain, potatoes on taking half and leaving half of the total annual produc- and onions. An example of a suitable cropping system is : tion. Seeding is desirable if the range is in poor condition. to 4 years of alfalfa followed by corn, corn for silage Sideoats grams, little bluestem, western wheatgrass, blue sugar beets, small grain, or beans. Few conservation prat grama, pubescent wheatgrass, and crested wheatgrass are tices are needed to maintain top yields. suitable for seeding. The grass selected should meet the All methods of irrigation are suitable, but furrow it seasonal requirements of livestock. It can be seeded into rigation is the most common. Barnyard manure and com a clean, firm sorghum stubble, or it can be drilled into a mercial fertilizer are needed for top yields. firm prepared seedbed. Seeding early in spring has Windbreaks and environmental plantings of trees an: proven most successful. shrubs commonly grown in the area are generally we Windbreaks and environmental plantings of trees and suited to this soil. Cultivation to control competin: shrubs commonly grown in the area are generally well vegetation should be continued for as many years a suited to this soil. Cultivation to control competing possible following planting. Trees that are best suited an 01 ,z ..a WELD COUNTY, COLORADO, SOUTHERN PAR. 29 have good survival are Rocky Mountain juniper, eastern The potential native vegetation is dominated by redcedar, ponderosa pine, Siberian elm, Russian-olive, and western wheatgrass and blue grama. Buf:alograss is also hackberry. The shrubs best suited are akunkbush sumac, present. Potential production ranges from 1,000 pounds lilac, Siberian peashrub, and American plum. per acre in favorable years to 600 pounds in unfavorable Wildlife is an important secondary use of this soil. The years. As range condition deteriorates, a blue grama-buf- cropland areas provide favorable habitat for ring-necked falograss sod forms. Undesirable weeds and annuals in- pheasant and mourning dove. Many nongame species can vade the site as range condition becomes poorer. be attracted by establishing areas for nesting and escape Management of vegetation of this soil should be based cover. For pheasants, undisturbed nesting cover is essen- on taking half and leaving half of the total annual produc- tial and should be included in plans for habitat develop- tion. Range pitting can help in reducing runoff. Seeding is ment, especially in areas of intensive agriculture. desirable if the range is in poor condition. Western This soil has fair to poor potential for urban develop- wheatgrass, blue grama, sideoats grama, buffalograss, pu- ment. It has moderate to high shrink swell, low strength, bescent wheatgrass, and crested wheatgrass are suitable and moderately slow permeability. These features create for seeding. The grass selected should meet the seasonal problems in dwelling and road construction. Those areas requirements of livestock. It can be seeded into a clean, that have loam or sandy loam in the lower part of the firm sorghum stubble, or it can be drilled into a firm substratum are suitable for septic tank absorption fields prepared seedbed. Seeding early in spring has proven and foundations. Some areas of this soil are adjacent to most successful. streams and are subject to occasional flooding. The poten- Windbreaks and environmental plantings are generally tial is fair for such recreational development as camp and well suited to this soil. Cultivation to control competing picnic areas and playgrounds. Capability class I irrigated. vegetation should be continued for as many years as 42—Nunn clay loam, 1 to 3 percent slopes. This is a possible following planting. Trees that are best suited and deep, well drained soil on terraces and smooth plains at have good survival are Rocky Mountain juniper, eastern elevations of 4,550 to 5,150 feet. It formed in mixed allu- redcedar, ponderosa pine, Siberian elm, Russian-olive, and vium and eolian deposits. Included in mapping are small, hackberry. The shrubs best suited are skunkbush sumac, long and narrow areas of sand and gravel,deposits and lilac, Siberian peashrub, and American plum. small areas of soils that are subject to occasional flooding. Wildlife is an important secondary use of this soil. The Some leveled areas are also included. cropland areas provide favorable habitat for ring-necked Typically the surface layer of this Nunn soil is grayish pheasant and mourning dove. Many nongame species can brown clay loam aobut 9 inches thick. The subsoil is light be attracted by establishing areas for nesting and escape brownish gray clay loam about 14 inches thick. The upper cover. For pheasants, undisturbed nesting cover is essen- part of the substratum is light brownish gray clay loam. tial and should be included in plans for habitat develop- The lower part to a depth of 60 inches is brown sandy ment, especially in areas of intensive agriculture. Range- loam. land wildlife, for example, the pronghorn antelope, can be Permeability is moderately slow. Available water attracted by developing livestock watering facilities, capacity is high. The effective rooting depth is 60 inches managing livestock grazing, and reseeding where needed. or more. Surface runoff is medium, and the erosion This soil has fair to poor potential for urban develop- hazard is low. ment. It has moderate to high shrink swell, low strength, In irrigated areas this soil is suited to all crops com- and moderately slow permeability. These features create monly grown in the area, including corn, sugar beets, problems in dwelling and road construction. Those areas beans, alfalfa, small grain, potatoes, and onions. An exam- that have loam or sandy loam in the lower part of the ple of a suitable cropping system is 3 to 4 years of alfalfa substratum are suitable for septic tank absorption fields followed by corn, corn for silage, sugar beets, small grain, and foundations. Some areas of this soil are adjacent to or beans. Generally such characteristics as the high clay streams and are subject to occasional flooding. The poten- content or the rapidly permeable substratum slightly tial is fair for such recreational development as camp and restrict some crops. picnic areas and playgrounds. Capability subclass Ile ir- All methods of irrigation are suitable, but furrow ir- rigated, IIIc nonirrigated; Clayey Plains range site. rigation is the most common. Proper irrigation water 43—Nunn loamy sand, 0 to 1 percent slopes. This is a management is essential. Barnyard manure and commer- deep, well drained soil on terraces at elevations of 4,700 cial fertilizer are needed for top yields. to 4,900 feet. It formed in alluvium along Box Elder In nonirrigated areas most of the acreage is in small Creek. Included in mapping are small areas of soils that grain and it is summer fallowed in alternate years. have a loamy subsoil and small areas of soils that are sub- Winter wheat is the principal crop. The predicted average ject to rare flooding. yield is 33 bushels per acre. If the crop is winterkilled, Typically the surface layer of this Nunn soil is brown spring wheat can be seeded. Generally precipitation is too loamy sand overburden about 9 inches thick. The subsoil low for beneficial use of fertilizer. is dark to very dark grayish brown clay loam about 21 Stubble mulch farming, striperopping, and minimum til- inches thick. The substratum to a depth of 60 inches is lage are needed to control soil blowing and water erosion. loamy very fine sand, loamy sand, or sand. C r`��..;.CL 1 F 30 SOIL SURVEY Permeability is moderately slow. Available water In irrigated areas this soil is suited to the crops com- capacity is high. The effective rooting depth is 60 inches monly grown in the area. Perennial grasses and alfalfa or or more. Surface runoff is slow, and the erosion hazard is close grown crops should be grown at least 50 percent of low, the time. Contour ditches and corrugations can be used in In irrigated areas this soil is suited to the crops corn- irrigating crops and pasture. Furrows, contour furrows, monly grown in the area. Perennial grasses and alfalfa or and cross slope furrows are suitable for row crops. Sprin- close grown crops should be grown at least 50 percent of kler irrigation is also desirable. Keeping tillage to a the time. Contour ditches and corrugations can be used in minimum and utilizing crop residue help to control ero- irrigating close grown crops and pasture. Furrows, con- sion. Maintaining fertility is important. Crops respond to tour furrows, and cross slope furrows are suitable for row applications of phosphorus and nitrogen. crops. Sprinkler irrigation is also desirable. Keeping til- In nonirrigated areas this soil is suited to winter wheat, lage to a minimum and utilizing crop residue help to con- barley, and sorghum. Most of the the acreage is planted trol erosion. Maintaining fertility is important. Crops to winter wheat. The predicted average yield is 20 respond to applications of phosphorus and nitrogen. bushels per acre. The soil is usually summer fallowed in In nonirrigated areas this soil is suited to winter wheat, alternate years to allow moisture accumulation. Generally barley, and sorghum. Most of the acreage is planted to precipitation is too low for beneficial use of fertilizer. winter wheat. The predicted average yield is 28 bushels Stubble mulch farming, striperopping, and minimum til- per acre. The soil is summer fallowed in alternate years lage are needed to control soil blowing and water erosion. to allow moisture accumulation. Generally precipitation is Terracing also may be needed to control water erosion. too low for beneficial use of fertilizer. The potential native vegetation on this range site is Stubble mulch farming, striperopping, and minimum til- dominated by sand bluestem, sand reedgrass, and blue lage are needed to control soil blowing. grama. Needleandthread, switchgrass, sideoats grama, Windbreaks and environmental plantings are generally and western wheatgrass are also prominent. Potential suited to this soil. Soil blowing, the principal hazard in production ranges from 2,200 pounds per acre in favora- establishing trees and shrubs, can be controlled by cul- ble years to 1,800 pounds in unfavorable years. As range tivating only in the tree row and by leaving a strip of condition deteriorates, the sand bluestem, sand reedgrass, vegetation between the rows. Supplemental irrigation and switchgrass decrease and blue grama, sand dropseed, may be needed at the time of planting and during dry and sand sage increase. Annual weeds and grasses invade periods. Trees that are best suited and have good survival the site as range condition becomes poorer. are Rocky Mountain juniper, eastern redcedar, ponderosa Management of vegetation on this soil should be based pine, Siberian elm, Russian-olive, and hackberry. The on taking half and leaving half of the total annual produc- shrubs best suited are skunkbush sumac, lilac, and Siberi- Lion. Seeding is desirable if the range is in poor condition. an peashrub. stem sand reed ass switchgrass, sideoats Sand blue gI' , Wildlife is an important secondary use of this soil. grams, blue grama, pubescent wheatgrass, and crested Ring-necked ph easant, mourning dove, and many non- wheatgrass are suitable for seeding. The grass selected game species can be attracted by establishing areas for should meet the seasonal requirements of livestock. It can nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in for habitat development, especially in areas of intensive spring has proven most successful. agriculture. Windbreaks and environmental plantings are generally Few areas of this Nunn soil are in major growth and suited to this soil. Soil blowing, the principal hazard in urbanized centers. The sandy surface layer, the moderate shrink-swell potential in the subsoil, and the hazard of establishing trees and shrubs, can be controlled by cul- rare flooding along Box Elder Creek are the chief limit- tivating only in the tree row and by leaving a strip of ing features for development. Capability subclass IIIe ir- vegetation between the rows. Supplemental irrigation rigated, IVe nonirrigated. may be needed at the time of planting and during dry 44—Olney loamy sand, 1 to 3 percent slopes. This is a Periods. Trees that are best suited and have good survival deep, well drained soil on smooth plains at elevations of are Rocky Mountain juniper, eastern redcedar, ponderosa 4,600 to 5,200 feet. It formed in mixed outwash deposits. Pine, Siberian elm, Russian-olive, and hackberry. The Included in mapping are some small leveled areas. shrubs best suited are skunkbush sumac, lilac, and Siberi- Typically the surface layer is grayish brown loamy sand an peashrub. about 9 inches thick. The subsoil is yellowish brown and Wildlife is an important secondary use of this soil. The very pale brown sandy clay loam about 15 inches thick. cropland areas provide favorable habitat for ring-necked The substratum to a depth of 60 inches is very pale pheasant and mourning dove. Many nongame species can brown, calcareous fine sandy loam. be attracted by establishing areas for nesting and escape Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop- more. Surface runoff is slow, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low, land wildlife, for example, the pronghorn antelope, can be WELD COUNTY, COLORADO, SOUTHERN PART 31 attracted by developing livestock watering facilities, establishing trees and shrubs, can be controlled by cul- managing livestock grazing and reseeding where needed. tivating only in the tree row and by leaving a strip of This soil has good potential for urban development. The vegetation between the rows. Supplemental irrigation only limiting feature is the moderately rapid permeability may be needed at the time of planting and during dry in the substratum, which causes a hazard of ground water periods. Trees that are best suited and have good survival contamination from sewage lagoons. The loamy sand sur- are Rocky Mountain juniper, eastern redcedar, ponderosa face layer is a limitation for recreational development. pine, Siberian elm, Russian-olive, and hackberry. The Once established, the lawns, shrubs, and trees grow well. shrubs best suited are skunkbush sumac, lilac, and Siberi- Capability subclass IIIe irrigated, IVe nonirrigated; an peashrub. Sandy Plains range site. Wildlife is an important secondary use of this soil. The 45—Olney loamy sand, 3 to 5 percent slopes. This is a cropland areas provide favorable habitat for ring-necked 1 deep, well drained soil on plains at elevations of 4,600 to pheasant and mourning dove. Many nongame species can 5,200 feet. It formed in mixed outwash deposits. Included be attracted by establishing areas for nesting and escape in mapping are small areas of soils that have sandstone cover. For pheasants, undisturbed nesting cover is essen- 1 and shale within a depth of 60 inches and some small tial and should be included in plans for habitat develop- leveled areas. ment, especially in areas of intensive agriculture. Range- Typically the surface layer of this Olney soil is grayish land wildlife, for example, the pronghorn antelope, can be brown loamy sand about 7 inches thick. The subsoil is yel- attracted by developing livestock watering facilities, lowish brown and very pale brown sandy clay loam about managing livestock grazing, and reseeding where needed. 14 inches thick. The substratum to a depth of 60 inches is This soil has good potential for urban development. The very pale brown, calcareous fine sandy loam. only limiting feature is the moderately rapid permeability Permeability and available water capacity are in the substratum, which causes a hazard of ground water moderate. The effective rooting depth is 60 inches or contamination from sewage lagoons. The loamy sand sur- more. Surface runoff is slow, and the erosion hazard if ce ]ayer is a limitation for established,the lawns, shrubs, and trees al development. trees growwell. low. Once In irrigated areas this soil is suited to the crops com- Capability subclass IIIe irrigated, VI nonirrigated; Sandy monly grown in the area. Perennial grasses and alfalfa or Plains range site. close grown crops should be grown at least 50 percent of 46—Olney fine sandy loam, 0 to 1 percent slopes. the time. Close grown crops and pasture can be irrigated This is a deep, well drained soil on smooth plains at eleva- with contour ditches and corrugations. Furrows, contour tions of 4,600 to 5,200 feet. I small n mixed eas soils that furrows, and cross slope furrows are suitable for row deposits. Included in mapping are all crops. Sprinkler irrigation is also desirable. Keeping til- have a dark surface layer and some small leveled areas. lage to a minimum and utilizing crop residue help to con- Typically the surface layer of this Olney soil is grayish trol erosion. Maintaining fertility and organic matter con- brown fine sandy loam about 10 inches thick. The subsoil tent is important. Crops respond to barnyard manure and is yellowish brown and very pale brown sandy clay loam commercial fertilizer. about 15 inches thick. The substratum to a depth of 60 The potential native vegetation on this range site is inches is very pale brown, calcareous fine sandy loam. dominated by sand bluestem, sand reedgrass, and blue Permeability and available water capacity are grama. Needleandthread, switchgrass, sideoats grama, moderate. The effective rooting depth is 60 inches or and western wheatgrass are also prominent. Potential more. Surface runoff is slow, and the erosion hazard is production ranges from 2,200 pounds per acre in favora- low. ble years to 1,800 pounds in unfavorable years. As range This soil is used almost entirely for irrigated crops. It condition deteriorates, the sand bluestem, sand reedgrass, is suited to all crops commonly grown in the area, includ- and switchgrass decrease and blue grama, sand dropseed, ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and sand sage increase. Annual weeds and grasses invade and onions. An example of a suitable cropping system is 3 the site as range condition becomes poorer. to 4 years of alfalfa followed by corn, corn for silage, Management of vegetation on this soil should be based sugar beets, small grain, or beans. Few conservation prac- on taking half and leaving half of the total annual produc- tices are needed to maintain top yields. tion. Seeding is desirable if the range is in poor condition. All methods of irrigation are suitable, but furrow ir- Sand bluestem, sand reedgrass, switchgrass, sideoats rigation is the most common. Barnyard manure and com- grama, blue grama, pubescent wheatgrass, and crested mercial fertilizer are needed for top yields. wheatgrass are suitable for seeding. The grass selected Windbreaks and environmental plantings are generally should meet the seasonal requirements of livestock. It can suited to this soil. Soil blowing, the principal hazard in be seeded into clean, firm sorghum stubble, or it can be establishing trees and shrubs, can be controlled by cul- drilled into a firm prepared seedbed. Seeding early in tivatig l in theeen the rows. Sup tree row plemental leavingirrigation i strip of spring has proven most successful. vegetation Windbreaks and environmental plantings are generally may be needed at the time of planting and during dry suited to this soil. Soil blowing, the principal hazard in periods. Trees that are best suited and have good survival n, _.. �., .''t y 32 SOIL SURVEY are Rocky Mountain juniper, eastern redcedar, ponderosa ble years to 1,800 pounds in unfavorable years. As range pine, Siberian elm, Russian-olive, and hackberry. The condition deteriorates, the sand bluestem, sand reedgrass, shrubs best suited are skunkbush sumac, lilac, and Siberi- and switchgrass decrease and blue grama, sand dropseed, an peashrub. and sand sage increase. Annual weeds and grasses invade Wildlife is an important secondary use of this soil. The the site as range condition becomes poorer. cropland areas provide favorable habitat for ring-necked Management of vegetation on this soil should be based pheasant and mourning dove. Many nongame species can on taking half and leaving half of the total annual produc- be attracted by establishing areas for nesting and escape tion. Seeding is desirable if the range is in poor condition. cover. For pheasants, undisturbed nesting cover is essen- Sand bluestem, sand reedgrass, switchgrass, sideoats tial and should be included in plans for habitat develop- grama, blue grama, and pubescent wheatgrass are suita- ment, especially in areas of intensive agriculture. ble for seeding. The grass selected should meet the Rapid expansion of Greeley and the surrounding area seasonal requirements of livestock. It can be seeded into has resulted in urbanization of much of this Olney soil. a clean, firm sorghum stubble, or it can be drilled into a This soil has good potential for urban and recreational firm prepared seedbed. Seeding early in spring has development. The only limiting feature is the moderately proven most successful. rapid permeability in the substratum, which causes a Windbreaks and environmental plantings are generally hazard of ground water contamination from sewage suited to this soil. Soil blowing, the principal hazard in lagoons. Lawns, shrubs, and trees grow well. Capability establishing trees and shrubs, can be controlled by cul- class I irrigated. tivating only in the tree row and by leaving a strip of 47—Olney fine sandy loam, 1 to 3 percent slopes. vegetation between the rows. Supplemental irrigation This is a deep, well drained soil on plains at elevations of may be needed at the time of planting and during dry 4,600 to 5,200 feet. It formed in mixed outwash deposits. periods. Trees that are best suited and have good survival Included in mapping are small areas of soils that have a are Rocky Mountain juniper, eastern redcedar, ponderosa dark surface layer. Some small leveled areas are also in- shrubs best suited are skunkbush sumac, lilac, and ibeine, Siberian elm, Russian-olive, and hackberry. ri !i eluded. Typically the surface layer of this Olney soil is grayish an peashrub. brown fine sandy loam about 10 inches thick. The subsoil Wildlife is an important secondary use of this soil. The is yellowish brown and very pale brown sandy clay loam cropland areas provide favorable habitat for ring-necked about 14 inches thick. The substratum to a depth of 60 pheasant and mourning dove. Many nongame species can inches is very pale brown, calcareous fine sandy loam. be attracted by establishing areas for nesting and escape Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop- more. Surface runoff is medium, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low. land wildlife, for example, the pronghorn antelope., can be In irrigated areas this soil is suited to all crops com- attracted by developing livestock watering facilities, monly grown in the area, including corn, sugar beets, managing livestock grazing, and reseeding where needed. beans, alfalfa, small grain, potatoes, and onions. An exam- Rapid expansion of Greeley and the surrounding area ple of a suitable cropping system is 3 to 4 years of alfalfa has resulted in urbanization of much of the Olney soil. followed by corn, corn for silage, sugar beets, small grain, This soil has good potential for urban and recreational or beans. Land leveling, ditch lining, and installing development. The only limiting feature is the moderately pipelines may be needed for proper water application. All rapid permeability in the substratum, which causes a methods of irrigation are suitable, but furrow irrigation is hazard of ground water contamination from sewage the most common. Barnyard manure and commercial fer- lagoons. Lawns, shrubs, and trees grow well. Capability tilizer are needed for top yields. subclass Ile irrigated, IVe nonirrigated; Sandy Plains In nonirrigated areas this soil is suited to winter wheat, range site. barley, and sorghum. Most of the acreage is planted to 48—Olney fine sandy loam, 3 to 5 percent slopes. winter wheat. The predicted average yield is 28 bushels This is a deep, well drained soil on plains at elevations of per acre. The soil is summer fallowed in alternate years 4,600 to 5,200 feet. It formed in mixed outwash deposits. I to allow moisture accumulation. Generally precipitation is Included in mapping are small areas of soils that have a too low for beneficial use of fertilizer. dark surface layer and small areas of soils that have Stubble mulch farming, striperopping, and minimum til- sandstone and shale within a depth of 60 inches. li lag a are needed to control soil blowing and water erosion. Typically the surface layer of this Olney s t T soil i grayish sub- The Terracing also may be needed to control water erosion. brown fine sandy clay loam about 8 inches The potential native vegetation on this range site is soil is yellowish brown and very pale brown fine sandy dominated by sand bluestem, sand reedgrass, and blue loam about 12 inches thick. The substratum to a depth of grama. Needleandthread, switchgrass, sideoats grama, 60 inches is very pale brown, calcareous fine sandy loam. I and western wheatgrass are also prominent. Potential Permeability and available water capacity are production ranges from 2,200 pounds per acre in favora- moderate. The effective rooting depth is 60 inches or ,co , /.! .1.1)II WELD COUNTY, COLORADO, SOUTHERN PART 33 more. Surface runoff is medium, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low land wildlife, for example, the pronghorn antelope, can be In irrigated areas this soil is suited to the crops com- attracted by developing livestock watering facilities, monly grown in the area. Perennial grasses and alfalfa or managing livestock grazing, and reseeding where needed. close grown crops should be grown at least 50 percent of Rapid expansion of Greeley and the surrounding area the time. Contour ditches and corrugations can be used in has resulted in urbanization of much of this Olney soil. irrigating close grown crops and pasture. Furrows, con- The soil has good potential for urban and recreational tour furrows, and cross slope furrows are suitable for row development. The only limiting feature is the moderately crops. Sprinkler irrigation is also desirable. Keeping til- rapid permeability in the substratum, which causes a lage to a minimum and utilizing crop residue help to con- hazard of ground water contamination from sewage trol erosion. Maintaining fertility is important. Crops lagoons. Lawns, shrubs, and trees grow well. Capability respond to applications of phosphorus and nitrogen. subclass II le irrigated, IVe nonirrigated; Sandy Plains In nonirrigated areas this soil is suited to winter wheat, range site. barley, and sorghum. Most of the acreage is planted to 49—Osgood sand, 0 to 3 percent alapea. This is a deep, winter wheat. The predicted average yield is 25 bushels well drained soil on smooth plains at elevations of 4,680 to per acre. The soil is summer fallowed in alternate years 4,900 feet. It formed in eolian sands. Included in mapping to allow moisture accumulation. Generally precipitation is are small of the surf s soils thatso have included a asub oil within f o too low for beneficial use of fertilizer. Stubble mulch farming, striperopping, and minimum til- soils that have a loam and sandy clay loam subsoil. lage are needed to control soil blowing and water erosion. Typically the surface layer of this Osgood soil is gray- Terracing also may be needed to control water erosion. ish brown sand about 22 inches thick. The subsoil is The potential native vegetation on this range site is brown sandy loam about 12 inches thick. The substratum dominated by sand bluestem, sand reedgrass, and blue to a depth of 60 inches is pale brown loamy sand and grama. Needleandthread, switchgrass, sideoats grama, sand. and western wheatgrass are also prominent. Potential Permeability is moderately rapid. Available water production ranges from 2,200 pounds per acre in favora- capacity is moderate. The effective rooting depth is q0 ble years to 1,800 pounds in unfavorable years. As condi- inches or more. Surface runoff is very slow, and the ero- tion deteriorates, sand bluestem, sand reedgrass, and sion hazard is low. switchgrass decrease and blue grama, sand dropseed, and This soil is suited to limited cropping. Intensive sand sage increase. Annual weeds and grasses invade the cropping is hazardous because of erosion. The cropping site as range condition becomes poorer. system should be limited to such close grown crops as al- Management of vegetation on this soil should be based falfa, wheat, and barley. This soil also is suited to ir- on taking half and leaving half of the total annual produc- rigated pasture. A suitable cropping system is 3 to 4 tion. Seeding is desirable if the range is in poor condition. years of alfalfa followed by 2 years of corn and small Sand bluestem, sand reedgrass, switchgrass, sideoats grain and alfalfa seeded with a nurse crop. grama, blue grama, pubescent wheatgrass, and crested Closely spaced contour ditches or sprinklers can be wheatgrass are suitable for seeding. The grass selected used in irrigating close grown crops. Contour furrows or should meet the seasonal requirements of livestock. It can sprinklers should be used for new crops. Applications of be seeded into a clean, firm sorghum stubble, or it can be nitrogen and phosphorus help in maintaining good produc- drilled into a firm prepared seedbed. Seeding early in tion. spring has proven most successful. The potential vegetation on this soil is dominated by Windbreaks and environmental plantings are generally sand bluestem, sand reedgrass, switchgrass, sideoats suited to this soil. Soil blowing, the principal hazard in grama, needleandthread, little bluestem, and blue grama. establishing trees and shrubs, can be controlled by cul- Potential production ranges from 2,500 pounds per acre in tivating only in the tree row and by leaving a strip of favorable years to 1,800 pounds in unfavorable years. As vegetation between the. rows. Supplemental irrigation range condition deteriorates, the sand bluestem, may be needed at the time of planting and during dry switchgrass, sand reedgrass, sideoats grama, and little periods. Trees that are best suited and have good survival bluestem decrease; forage production drops; and sand are Rocky Mountain juniper, eastern redcedar, ponderosa sage increases. Undesirable weeds and annuals invade pine, Siberian elm, Russian-olive, and hackberry. The and "blowout" conditions can occur as range condition shrubs best suited are skunkbush sumac, lilac, and Siberi- becomes Management of vegetation on this soil should be based an peashrub. Wildlife is an important secondary use of this soil. The on taking half and leaving half of the total annual produc- cropland areas provide favorable habitat for ring-necked tion. Seeding is desirable if the range is in poor condition. pheasant and mourning dove. Many nongame species can Sand bluestem, sand reedgrass, indiangrass, switchgrass, be attracted by establishing areas for nesting and escape sideoats grama, little bluestem, and blue grama are suita- cover. For pheasants, undisturbed nesting cover is essen- ble for seeding. Because this soil is susceptible to soil tial and should be included in plans for habitat develop- blowing, the grasses should be seeded with an interseeder Q QC(' ' EXHIBIT "A" All that part of the East 1/2 of the Southeast 1/4 of Section 6, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado, lying West of a line 200 feet West of the center line of the Union Pacific Railroad Company tracks, except the South 60 feet and the West 30 feet thereof, right of way for roads and excepting the following described parcel of land; Beginning at a point 60 feet North of and 30 feet East of the Southwest corner of said East 1/2 of the Southeast 1/4 of Section 6, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado; thence East parallel to the South line of said Section 6, 140 feet; thence North 250 feet parallel to the West line of said East half of the Southeast quarter of said Section 6; thence West parallel to the South line 140 feet; thence South 250 feet to place of beginning. f sC‘J gp } Records1 MAR 3- xx� // - . , Herndon No.,2lsl /1 wen" Reowe r. �cffx�,4 rA . • -_ QUIT CLAIM D==D - ,.,..Y1 Ir'r •i£ .4%,• . • t • gins &eh, made 20 day of FIA , F7 i ./ F :1.' in the year of our Lord one thousand nine hundred rift'-six . between RURIFS EMMAR, Runt !HINMAN, WILLIAM C. KINIZMAX end JOHN I(oIMS. , • 1:•':,';1'..*. of the County of Weld ,and the State of Colorado,of the 14 first part,and ROBERT HEATH of the County of Latimer ,and the Stele of Colorado,of the 0 second part; WITNESSETH, That the said part of the first part,and for and in consideration of - the sum of Other valuable consideration and Ten Dollars, to the said part lea of the first part in hand paid by the said part y of the second part, the re- I ceipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and • QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM �'Zr) . '� unto the said part y of the second part, hie heirs and assigns forever,ell the right,title,interest, C 1\7t , claim and demand which the said part lee of the first part ha ve in and to the following described �Jo real estate situate,lying and being in the County of WELD and State of Colorado, to-wit: c All that part of the East Half of the Southeast Quarter (kali) of Section Six (6), Township Two (2) North, Range Sixty-aix (66) West of the 6th P.M. lying west of a line 200 feet west of the center line of the Union Pacific Railroad Company • .1 tracks, except the South 60 fent and the West )0 feet thereof, right of way for made and excepting the following described parcel of lards Beginning at a point 10 f' 60 feet north of and 30 feet east of the southwest corner of said E}SEi of Section 6, Township 2 North, Range 66 West of the 6th P.M.; thence east parallel to the south line of said Section 6, 1110 feet; thence north 250 feet parallel to the west line of said E}SEi of said Section 6; thence west parallel to the south line 140 feet; thence South 250 feet to place of beginning, said tract containing 9.9 acres, more or leas, exclusive of exceptions, subject to right of way for ditch along the south side of said property. EXCEPTING AND RESERVING, however, unto the grantors, their heirs and assigns, all coal, oil, gas end other minerals that may be found in, upon or underlying said land, together with the right of ingress, egress and regress for the purpose of j mining and prospecting for the same. .. t. iy,\ a6 .g " .,) -6F" ,,; 3-“,1 c gGy y ec� S i s` t 1 , 1---„,C.5.- . To Have and To !fold the same, b ;ether with all and singular the appurtenances and priv- ileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, in- , serest and claim whatsoever, of the said part Sea of the first part, either in law or equity, to the only proper use, benefit and behuol of the said part y of the <econd part, hia heirs and assigns forever. IN WIT=NESS WHEREOF', The said parties of the first part have hereunto settheihanda and -cal a the day and year lirl above written. 9a7mhau � • , h (Seal; t,.1{•" r.-.c......[.l+JL.,._._I / ._._. n fa a ;1^--IrV' (Seal) STATE OF COLORADO,}ss. The foregoing instrument was acknowledged before me COUNTY OF WELD j this ,'10r/.. day of sled,--•-•y y , A. U. 19 56 • 'i by Charles Kunman, Ruth Kunman, William C. Ktmman .1 ^�, and Jotm Kunzman Witness my Hand and Official Scat I v ° b 1 e , hty Commission Expires October 1, 1957. r v ,!„,,,,), II,Mi . '' *'575 • R • Nov q, 6'6 P m im N.jAsiitnra R r kat,Moos. 5—I LAST WILL AND TESTAMENT OF CHARLES AUNZMAR8 a u I, CHARLES KCNE(ANN, of Route 2 Box 120, Fort Lupton, Colorado, being of sound mind and disposing memory. and of lawful 0 o age do hereby make thla my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made at any time. e. FIRST: I give, devise and bequeath um, my beloved wife, raa is Lydia Kunzmann; all of my real property whatsoever and wheresoever altua:.. to have and to hold for and during the ern c ' her natural life. SECOND: Upon the death of my wife, Lydia Kunzmann, I give, devise and bequeath all of my right title and interest in and to my real estate which I may own at the time of my decease unto my daughter Ruth I, Kunzmann of Fort Lupton, Colorado„my son William C. Kunzman of Denver, Colorado and my eon John A. Kunzman of Fort Lupton, Colorado, share and share alike to have and to hold to them and their heirs absolutely and forever. THIRD: Should either of my aona named as devisees in the second paragraph, predecease oe it is my will that the one-third (1/3) interest therein devised to such son shall decend to his children and I hereby devise the same to the children of such son or sons who may predecease me. FOURTH: Should ray daughte,Ruth I. Kunzmann, predecease me I give devise and bequeath the one-third C)./3) share in my real estate devised to her in the eecoad paragraph thereof unto the children of my two sons, William C. Kunzman, end John A. Kunzman, one-half (1/2) thereof to the children of each of said sons. - FIFTH: I hereby nominate, constitute and appoint my daughter, Rut.: I Kunzmann, as Executrix of this my Last Will a.na Testament and request that she may be permitted to serve without giving bond for the faithful performance of her duties as such Executrix. ih 4 .1% 4 '," r s°°' 575 itestrzt SIXTH: In the event that my daughter, Ruth I. Eunsmann, shall predecease me, then and in that event I nominate, constitute and appoint my son, William C. %unman, as Executor of this my Lest Will and Testament and request that he may be permitted to serve without giving bond for the faithful performance of his duties as such Executor. IX WIT:aSS WHEREOF, I have hereunto 'scribed my name and affixed my seal at Loveland, Colorado, this 29th dey'of Juno, A. D. . 196:. in the presence of Mary Dell Schwarz anc John .c. Corss, whom I have r a,sted to become attes ting wltnaaaaa hereto. u /�,�.ti�-�<:..; i,r�r_rt. (SEAL) The foregoing instrument was upon the 29th day of June, A. D. 1960, subscribed, sealed, published and declared by Charles Hungnam as and for his Last WS_. and Testament, in our presence end in the • presence of each of us, and we, at the same time, at his request, in his presence and in the presence of each other, hereunto subsoribed cmr names as attesting xi t:._asaa, oiv lgLWennTand, Coln'orado ofGLovelend, Colored° -2- • • `_ good 1496924 S_, __ I, Rmrara in Bank - AR---- --._ - Docket rde • IN THE DISTRICT COURT,IN PRORATE. STATE OF COLORADO, deer County of WELD IN THE MATTER OP Txi PROBATE OP THE LM[WILL AND TESTAMENT 01 OIIIGI Admitting Will to Probate� CHARLES RUNZHAIZN, also 1001n no CEl.RLES EUEIZEAu .. . . .. - DECEASED Now on this cloy,pursuant to order hereto:ore made in this mat comes on for hearing the probate of an instrument in writing.heretofore filed in this Court,purpo..'nP +be the Last WUI and Testament Calinan,...akeas.wm said deceased. it a AND 1 1PPEARING TO THE COURT from the records and files herein that citation W been II duly served on,or service has been waived by,all necessary pities as provided by law and order of thin w Court:that lawfully sufficient testimony,proofs and evidence have been presented;and it satlebetorily +Fpe*ring theremrom Wet the wid insbyw .ent in writing tau:eediaL_�brYn sou•saw tsacutad, dalard,W alnsted u provided by law as said decedent's Lit Will and Tes[awt.t and that said decedent sow eighteen years of age or older and of sound mind and me oty at the time the same was encored,declared and Attested;and nn frsud,compulsion or other improper conduct being exhibited. and the Court being now sufficiently advised in the premise, . IT IS THEREFORE ORDERED,ADJUDGED AND DECREED,That the said will Lieadi sJ.e *net be and the same is Fie hereby admitted hi probate and recoil. I IT IS FURTHER ORDERED.T upon taking and filing the statutory oath of executor(sods •-.paannenwarieb•iaMtiweAB9ewr+nwof Ddlaw. eadkfoEe nnQE%ooCIEdLExm)that letters testamentary issue to. Ru1h_I.....l:unymnrn ha esecutscraled in said will:and now baring so taken and filed the said oath(aaikwgag.wad iotowakitkean-winalunepprondAy-th.eours)it is therefore ordered that the said letters issue to said gamuts,and that the sans be filed and entered of record. IT IS FURTHER ORDERED.That said 3D tn..I.,..1“ADK:',f 1111 I publish B Notice to Crediton as provided by law,said notice to be published at lest awe a week during II each of four suasive calendar way in The Greeley Daily Tribune a newspaper ported and published in said Tie led minty. It Dane in°pen Court this 8th November A.D.19 65 I BY 2..'COURT: •Smut ernrama b fees ' • CRes''4 '2-Lbw"' • n.3 • 14J6;rZI S7S IN THE DISTRICT Collar Cn STATE OF COLORADO, t se.S a r I q d Wald. J • P- 9BTS IN THE MATTER OF THE ESTATE OF Na CHARLES KUNZMANN, a/k/a CHARLES } paw of Final Settlement KUNZRAN DaCSASMI. And now on this day coma Ruth I Eueasann (li.executr lx - -- ali rharlaa,.&mama of the Estate of_. eat&tket deceased,and present&to the Court a final report of—bar—acts and doings as ouch' the sane be approved and that a he be dlshayd end said estate decreed to be fully 'dada- littered according to W. And It appearing to the Court,from the records and files herein,and the Caul doN find that h 1 C rw.a.. o, xun departed this Iift on or about the-80--day of October A.D.19-8S.;and that on rh. 8th day of_November A.D.19_8.5_,letters Testamentary were issued ro Ruth I, Spantane And It further appearing to the Court and the Court doth find that•notice to claimants to file claims against said Estate was published in the manner t•d as required by law; that a8 calms allowed by the Court against said Estate and an comb administration and Inbullaaes taxes have been paid;that the Clerk of this Court has sent names to all claimable whine char had not been allowed or disallowed by this Court of the date fixed for final settlement as re- ' quire by law and Nat said claims have been snowed and satisfied or r- :ant And the Court cloth further find that the Statutory period of filar calms Iles eloped and that L' la published a proper Notice of the filing of the final report which Nadia fixed iuly 11 — Ilia;as the lad day for filler with the Court written objections to said report. And It appearing from said report,and the Court dna fad,that said Malt I. KURgagne ba!received.for and on behalf of the&tea the sum of II Nona ;and h&R— expendd the rem d+ DODO leaning in war kiwis um spa d 9 DOD. raYaeeNDledvISIMBllsev ramemd-hsln-dbw+uilegeMmaiwnite • And the Court cloth further find that said Ruth I. SUna tens ha! faithfully administered the estate of said deceased which has come to—tat hand and fully performed_j er duties sa such and as provided by law. It it There/ors Ordered.Adjudged end Decreed.That the said final report and all acts and -dolma of the said Ruth I Sunmann —in and about the administration of the said Estate be.and the same are hereby in all things fully ratified,confirmed and approved by the Court,adihreelk-=Rea Lb-I__Kuoasxno_ y„erlier ordered-le•dlstrlbslwMmmornrie_h—heed.:trtbrabere-non'Maa-rvpertivelyrer isekeirlegd-eeprsaenlaWee-le-Ske•amemta-se-oberweadartkrsaiLevu!wdidMY ieddhe saearud-kwing-/NeFRopar+eeelpts iAevefoeaaileleii�oeaeraalr(4M1-..Jw...M JlsakeReid e __ Rlsx aht<lhntl¢tEtxltnemmorxss ar IT IS Ordered that the said Ruth I. KYDnnann be and&k_@_*is°Iediscaarged ea ouch executrix _ •dihateire Modemenie-end-liwy-ereaaseeby-owlemed-drosa. RMTiw Dow in le open Court Court ills 9tth ard Novesbe A.D.19 BB DISTRICT COURT Or MoD COUNTY. yJs� OR®JT.COLORADO \ / r</y Cortina Is be•scant la be hl�;sin sensed.°oat of the `/ / ° I MOOR Was Olson no Da ns . • f r d k 575 141.ecots 5, f 1N THE DISTRICT WORT IN AND FOR THE COUNTY OF lE1D AND STATE OF COLORADO I, Robert U. Rhodes, Clark of the District Cwrt in and for the County of field and State of Colorado, do hereby artify the mlthln and foregoing to be a full, true and correct copy o, the LAST WILL AND TESTAMENT OP CURLES KUNZMANN, ORDER ADMITT^1: NI o TO PRORATP and DECREE OF FINAL SLITLENENT entered of record In • Probate Noll-9875 in the matter of the Estate of Charles Kunraann a/k/a Charles Kunsan, Deceased, as the same appears from the records and files In said matter now in my office properly remaining. • maeMP IN TESIIADNY :HEREOF, I have hereunto set my hand and affixed the Seal441 ghls,Coart, at my office in Greeley, weld County, Colorado, '� November , 1916. thlsr:`9th........ .•_day,gj / • S if A L :c !ptivL, tu. Cek-4,, Clerk I,\.• .. .. FY fAwtr •• �Ci c • • C-; WI, 576 DECatkad eecloelt.�M, DEC 7 1966 J t, , 14,9 78b7_ •. ur+spun rn sae Reception No ^ I ._ w-•order. THIS DEED, Made this 7th- day of December In the year of our Lord one thousand nine hundred and Sixty six between I t WILLIAM C. KUNZMAN - .f the County of Denver and State of Colorado,of the first Darte and _ - v _ t, JOHN A. KUNZMAN 0 0 of the County of Weld and State of Colorado,of the second part: 0 WITNESSEITL That the laid part y of the first part,for and in eonelderation of the sum of _ 11 other valuable consideration and TEN AND NO/100 .DOLLARS, tf ' 1 t,-3 to the said party of the first part in hand paid by the said part y of the second part, the receipt _ o whereof Is hereby confessed and acknowledged,ha s granted, bargained, sold and conveyed, and by these presents does grant,bargain,aen,convey and confirm,unto the said part y of the second part, his heirs and amine forcer,all the following described lot or parcel of land, situate, lying and being • in the County of Weld and Slats of Colorado,to-wit: All of my undivided interest in and to the following described -.-"— real property: • SW4 'Section 5, Township 2 North, Range 66 West of the 6th P.M. • • 0I,S.,NWit Section 8, Township 2 North, Range 66 West of the 6th , an•- _ I 1yr�£§`;Skit Section 6, Township 2 North, Range 66 West of the 6th ,, t. ', P.FIt€':ZXCEPT parcel conveyed by deed recorded in Book 1444 ",?y;` '•••}Pp'g¢311 of the Weld County Records. ' f• \-Ctpt3ether with two (2) shares of capital stock of the Platteville 'llll"'irrigating and Milling Company. • # - 1IR E00CUMEII RY- ifi"4 pee_it 11111111111 LI CJ I:�C4/. .„Ilfl• J • TOGETHER wis, iii and singular the hereditament. and appurtenances thereto belonging or in anywise eppertaining,and V e reversion and reversions,remainder and remainders,rents,issues and profits thereof;and all the estate,right,Eck,interest,claim and demand whatsoever of the said part y of the first part,either to law or equity,of,in and to the above bargained➢rsmle's,with the hereditament.and appurtenances. v.- ______ _�a� _ No. Ifii, wrNReNTY 19.1.3—rn .,....aM .. NN e R.... — , G.m e,d.netime minuet ,nnr,Iell.149Wn19ln�l,men.celete71,12,117 • II �'1 A p0°` 576 . 149780'7. • i. . 'r I TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,ante the said part y of the second part. h18 6eln and asafgw forever.And the said part y of the first part, for him sal f, his heirs, executory,and administrator,do ea covenant, grant,bargain and agree to and with the said part y of the second part, his heirs and assigns, that at the time of the entailing and delivery of there presents he 1s well seised of the premien above conveyed,as of good,sun, perfect,absolute and indefeasible estate of Inheritance,in law,In fee simple,and ha S good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form:.aforesaid,and that the same are free and clear from all former and other snag',bargains,sales,liens,taxes,assessments and encumbrances of whatever kind or nature saver. . •I•• I and the above bargained premises In the inlet and peaceable possession of the said part y of the second part, 1 hi s helm and assigns against all and every perean or persons lawfully claiming or to claim the whole or any part thereof,the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. i - [ IN WITNESS WHEREOF,the said pert y of the first part ha S hereunto set his hand and seal the day and year first above written. ///�y r Signed,Sealed and Delivered in the Presence of _ �Q._.._.._.. .__._.._ ..[ ihwrit. ICiinzma /.�; _....__... .._.__..._._.�.._—..._.._...._. _.—, _.._.____.—_._.....__.._._....._[SEAL] :.. ..._..._...__......._.._..__....._._._.—._..._._..._........__—_ ___ _ ._.— _......_........_..___[0EAL] STATE OF COLORADO, 1 County of J sec , y foregoing instrument was acknowledged before me this 7 i.li day of (Jeri.., /rata ........"•, Q 6 ,hi William C. Reesman. ..... t. r• • (AR rmy. (lesion expires ,ID . Witness my hand and official seal. tv i PLC ' 6 :m lsj Commission expires Mar. 1$ 19G9 .-C-72 /�fie. Nolan NOB. • 4;'•......... �, j :..1 0P tt„e t I A I r ci r � .� d Q I M A oa , ' 1 � II r yl �I � I �3 a i ; t. y M f: I o C:X �,' • : o g - -. i v` .';' [ A eV v ' l �t II r d U!� B A ti s.fo 1 w a'H .., @ 1 Ise 2 j i m Y � i s y '1 k y_ p iN : • aa�vaix "' �la• • . sons 590 ....e.a._11; 1ied.a A -M AN...l.2-1968, STATE OF COLORADOII.c N.. 1511937 Ann SDmlir Recorder ' /--- OFFICE or THE LOCAL kkWRRRRR Or VV IL STATISTICS _W,[_^ CERTIFIED COPY OF (LATH RECORD j a. ce COUN X K rw T p[wTN C USUAL SSIO[ [1['Mr arN ATHA If•,/ r, u. a,:Xnn rIH MTH, ..COVXTT a.STATE. L COUNTY MAHAR. Weld Colorado _Held . S.CITY.TowN.ON LOCAnon •,en..r •Or in le a OTT.Tens,00 IOCATIGH • -' CTPP I ey 9n days Pt Topton., Ron) a NAME OP U/A.•o wF:NI.rH w.a*arm) a STwEET woon[SI f HO SPITAL � T a_ 4kp Weld oCP,,'SI Ca^oral Wapltfl RCSIOCNCI OHMIC CITY u.rnn e.M ATSIDENCE oN A nom, I. H rlx[w Da.. 11ar R.IS iii .NVIES 9 No C Yet O Xo B YES B MO o 1 T. NAME or l.,.• m..„, LaA . OAT —..MHAM Daa _ r.,.. l .� DM ASED TM I TYTT♦ YIIMtuyt let Cis 1 19rrrrrrrfI•��'�1 ' S sat S.[0.011 OR RAC[ f.HUH m uAArm O S.DATA OF aMTM S YY NrO1 yl �,r.. FpmA oe vhf to .Imam a... rHacm❑ 5-31-1880 81 w wa. xN.I rn. is.. awl ccunnoH m..awe s wwa..AA Reyna,' N.aMTXn.ca It C ITr4[H w wMAT COUNTR" IT- 'min'.Ha" Home West Point, Nebraska USA NEWilliam Stuefer a HOLIES, lkylmiaa NBillerberk p II ae[u...HRH no. IT. INFORM NT 14nr. `� IT...Yea H..lnemnlll//TH.O..v H bre.• l•/v:.rl No None W C RuTvntan, 266n 'r Ta tiNe T1Pnguarn O. la.CAUSE OF DEATH Ow MALND DEAN, :3 IN,AIDIArn<LCUL00 Arterioclerotlo heart disease aEl year_ :J CnlYia,.raw,it ens. out TO(S) - ,.� Y eh N o^.r1O g I:til:L . ‘ o10 1.-. ME�11 CII—rao Tmm�u..porno Tenon .as. ia.ITEM rT•DI M:HET EME..i.[.ra no too...,o..-.dFH e...to no. ;,.— I. o o a..T pp r.l anamotet Pneumonia, Rheumatoid Arthritis ...0 ..,EH 1} F a.....per., HOMICIDE I...Mien(How INJURY OCCNRRAD. A- t x AC�eC uIs oMW IO V J IDc lin Na.M. D... rEar III IMmRvc . i Zidp VIORR cRI Y AT L. INIuaY —_-- r.CITY.TOWN,OR LOCATION COUNTY 0 O WORA` m... El uor —I:o---� - II. I dlincleIthe antwe n•-_Eeb.-19.62 —_ —Masch-1962.MLN �y� .._3..29.62. n.on Ae Jar nuN1 allow and X 1M M14 af u✓a .IMNH AN twee Ober. II• ATTENDANT Were,or la.A 214.mr Nm I Ii I RICHARD B. FOE, MD. Greelev.C lorado 3-30'62 ` I .,CRAMa.Ir. ISe.DATE SM.N. a M OF CEMETERY 011 CREMATORY Iona.LOCATION paN Burial 4-2-1962 Mizpah Cemetery Platteville, Colorado at ru.aaAl.DIRECTOR ADORna IL DAIL AEC'S.AY LOCAL RIO. N. Rao Lee J. Vetter, Ft. Lupton, Colo. 3-30-62 J. H. WHITE, M.D. ' 4 I CERT ITT THAT I HOLD THC OFFICE or LOCAL REGISTRAR Or VITAL STATISTICS IN WELD COUNTY w CoLon•oo, ANo HAVE CUSTODY or THE LOATH RECORDS RCOOI AC CI SY uV TO BE REPT BY Su D OFFICE AND THAT THE i INFORMATION SET FORTH AeOYE VAS CORRECTLY COPIED FROM A RECORD 01 DEATH IN MY OFIICC. WITNESS MT HAND AND SEAL or LOCAL RECI ST PAR ! oN TN1S 11th DAY of JPnII.ry 19 68 geriiiPrspot Ara 0 + 1 Lou. REGISTRAR or VIAL STATIST IC5 0 _ T'. O ' o jr. l- A- \ o: FILE No. 127 DI ST RI C7 No. 21R ere M > `. Cie ♦:o Greeley CD.oRAou � . .6*��tisiY��•'' COLORADO STMT•DCrARTMLNI ur PunuL Ht.ALIn / 5° AD AS 16n );-66-100) 9474Th .AA10 ✓ ;. t A/J ,� idea G22 k.[weed.,..l•1 S�ImL_.LJ.. .•L...MAR ° 6 1970 ....:rye gel PMthlenentnla\.a.-Colonae 11f7�� Ban yISOMes OOMM OIL, GAS AND PIAERAC EXI THIS.xengenLrsrr m.en this 4th dnr of February. __ ..Ig...14 win., JOHN A, MUNZMAN and SYLVA. I huNZMAN,..._bis_mita _._ _ RUTH MUNZMANNa..._a....;single._woman_..........._._...__._ __._._._...._........__.._...._..._....__:.._.__._.__:..._...___._ ?. I _._..... .p( Ft, Lupton,.Colorado _sass_ • Lessor(whether one Or Morel.and T. S. PACS,...319. Patterson Building, Denver.,. Colorado • ____._ .\. • P Lessee.NITNGR4CT11: • • • '-• I. Lester In conelaedon of Ten_and_tore.• • • _ ` _.._ Dollar. '!4 e n d2)_ Vf ' I.In hand id,of the royalties herein provided.and of the agreement of Levee herein contained.here "exclusively unto Lem*lot Ne purpose f Investigating.exploring. >grant roar and and. [•l .without moron o such enumerated mineral. prospecting.etlum(.M lay to for an yroau[ms en. other relaying pipe and. _ fl her motl.whether Moller Oc .eaves la Y,fee particularly treed.transport sport an nenlm id pr yIw Dan _ � .bu11dIN I+nk•.power nulona telephone Ilno ma other structures Vutaon Y produce.eaves Y4 Ol,{rut.tnruport and owrr aald pr°du Y and � 'Musing IY employees.the following elnerlbed land In. Weld, County.Colorado.to-wit: ____ _ LIN o • - Township 2 North, Ranqe 66 West - .o, Section 5, SW% - ^It Section 6: EXSEM • .4 Section 7: All of the EhNE% lying East of U.P.R.R. right of way r -. r Section B: NANO( o _. 0 0 C oLh.Wss.__. SeaeaatlW aspen.__..._.. ' r-,— .„,,, In addition b the land reeve d<nrlbed, Lessor hereby grant., leases and lets exclusively unto Lessee Y the me extent • If specifically described herein au hind.owned claimed by Le•qr mm are a t. contiguous to or form part of the lane.above particularly described. In- N eluding an oil.a[ .other hydro °Eon and all ether minerals underlying lake,. rivers.stream.. roads. easements and iVss f-y',,Y whim traverse o • ireny of Said lands.For rriSes 1ental ore opay payment purpose.,the land included within this ten siuu be Ocone o Ym `�]yp°,UJ. men. c',..: whether I. Bible I le the other provision.herein contained. els lent hall be for•term of 10 yean from cob en.(called"prnm•ry term")and long mere•fter ae°u.gm other hrereemb°na.er other mineral i.produced from nice land hereunder, or drilling or perking operation..e conducted thereon. - J. The roenuu to be p•la b1 Lessee ere: led n n,one-eighth f that produced and saved from said lane. me e to be delivered l me ' wells or to he credit of Lessor into he pipe line to on he well.may be connected; Lessee may from time to time purchase .coy royalty ❑al m ' p .paring the market price therefor prevailing for the field where produce,on the date of purchase: Ibl on gas. Including •maned gas o . otwe hydrocarbon substance.produce,from said lend end sole or ran oil he premises or m me manufacture of line or other V duct.therefrom. themarket value t the welt of a e. Ignm of the gas r .old o mu provided that on g,.sole at m< ells me ryally shall be one-eighth of the amount tr from Ruck.gale: lm ill other minerals coed and marketer.,one-tenth either m kind o rev.et the well or mine.M Lenee's election.except _— Nell o sulNr the royalty shall be fifty[en ISafl per long ton.Lessee shellhave free u of oil,tau. coal. a and w•ter from le land. ecet o• r from L«wr i w Ih,for all operations hereunder, d the royalty oil a gas shall be computed a ter deducting a r used.If well b e • f ,vein gee m paying entties Y meted on the hove described land a l•sut In.this tread hall continue In ifen for period`of one Ye.'from me date such well Is shut In.Lease. r any Dunne' may hereafter, and me runner provided herein for nepayment lender f delay ' rentals.par r ender m Lessor a•royalty,on or before one year from me date•Um well le t In.iN m of$100.00 per lled.ii such perm i or der le made,this lease shall continue in effect for• urmer period of n es*In take •n and un take payment.or tenders annually. ode on or belon each ennlvemry of the mull ne of Ruch well, this lease snail continue in effect for successive p.iods of twelve III)monW each. - c. If operation.for drilling s not commented o said land as hereinafter provided. or bog s re from ml ate.me lone shall than termmu< w loth parties. Ir n°r before such anon date Lenee.nail par or tender le Lessor b year credit°i Lessor m. - no .• First National Bank f Denver, Colorado (which bank dm mn ce .re!emu's agent -- •na.hell continue'•a the dep ository for all rentals.payable hereunder rnnaleu of changes In ownership co lend nI la nd the Y'a eitherby[Doyenne, • .` or by the death or incapacity of Le,nn ant sum of • • • Three Hundred. Five-and-No/400 • • • mien � It 345.00 1 (herein called rental). calm shall cover the privilege of deferring commencement of operation for drilling for•period of twelve On menthe.In like ,nn one upon like payments or teer ally me commencement f operation.for Jmnng may be further deferred for successive periods of twelve tin onths m during the primary term.The payment or ne«of rem&herein referred m may b•made m currency. - drat or ceck t the option of me LeueC•na the dno.buM f such currency.draft or check in an post office.properly eareseed 1 the Lem,or maid a r before the tenni',eying del...limit Le deemed payment..herein premed.It such bank for any successor bank) hula i.u.hpulane or be cane. by another bank.or 1°r y en fall r refuse le accept rental.Lease mall not ee held In default orfihure to make mere parmntor tender of rental until Pliny(301 days after Lea,°f mall deliver to Lessee•proper recordable Instrument.naming another bank se•lent to receive such par- nn or tendert.The down cash payment is consideration for this lease according 10 Its terms and shall not be allocated as mere rental for a period. Len.may n.r Y lime execute d deliver to Leiner or to he depository Move mimed r place of record• lease r release, verity portion° portion,of tae above described premises and thereby surrender M• ease . o such portion or portions and be relieved of 11 euptloos ma o mi 1 rrage Surrendered.and thereafter the rentals parable hereunder shall be reduced In the proportion mm the asst ee covered hereby 1 reduced by seta elease or releases. N Le mulen or before r rental dale.make•bona fide attempt b pay or deposit rental to a Lnnr come, thereto under this lean °ding o Lessm's records of Lemr who,prim to such.tempte payment o aepwh,h iven Lessee notice,In•e oraance with me terms of • this tee.nerelnefte. Yrth.of rib.right m receive renal,area If <h,,rmnt or deposit mail be erroneous in any rr rrd ll whether depn.n.d In the scans depn.un.Y Mein.peons other thm m< ,rue.entitled thereto ,shown by Lessee'. records, m an Incorrect amount, r otherwise), Lessee be co dll'Ionnlr negated m par such Lessor me rental properly parable for me rental period Involved.Put this tease,hal be malmminea in ,ff the same .fire`r II obligated erroneous re payment or deposit had been properly med..provided that the erroneous rental payment or deposit be[Di- rected iin JO en.,eiiT rapt by lease. f written Mice from such Lessor f mm error mcompmled r nr documents and other evidence neces- sary o enable Lessee t0 make proper payment. ecea- f. Should any well drilled on the'Move described land during the printery term before production I.obtained be•dry hole.of mould production be obtain,during the primary m me thereafter cent then and In inter rent.If operation,for drilling an additional well a. not commenced or operations for reworking.n ota well. °t pursued on said hand n or before he first oral p7�fg.date next succeeding the resfatim of p°rnduntnn or`er"� reworking on said wall or °e;t., me.r hid leave shall terminate unleu p said date.shall resume the p•Ymenl f r nth,. Upon rt umylldn of the payment f rentals.Section s eoverning the Veyment of rentals,shall continue in force just as though then had been no`Inter- ruptio mou In the yen I ymenit 11 during the ban> °f the rim•y i r I and y for to he tllnovery of oil.gas.o other hydrocarbons on said Ind Lessee8 hole thereon. If after discovery of oil, ens.or term hydrocarbons before or during he or ear f me pommy term he production thereof should c• during or last year of said tern, rmn eery cause, o rental payment or operation.. necessary m der ken the lease In force during me remainder the primary term u. et the expiration of the primary term.Lessee n conducting option, order drilling • new • well or reworking old well.Ihls Mese nevertheless snail continue`In force as long s m[E drilling or reworking o mnllone continue,or if,after the ��`L expiration of the primary term,production on this lease shell teen.Ihl. lease nevertheless shall continue in force if drilling or reworking operations x «d whin sixty 1601 der.after mm cessation of production: if production le restored o additional production 1,discovere . result f any commenced o reworking Vmcoon conducted without *nation f man.Isar ISM ays or lease,Fall continue •, long thereafter . iI. •_.' purer hydrocarbons or other mineral 1e produced and .e Irene es additional drilling Or eMorkmg operation are had without emotion tion of such drill- 1 drill- ing or reworking operation,for more than sixty MI consecutive days. t• { g Levee. l u•option,Is hereby given me right and power to pool or combine m•land covered by ihla lease,o 'any portion thereof.,s m on - and r either of them,with eny other land,lean r lease.when in Lessee',^Judgment n is n eery or advisabl or o m order m properly \-- develop mod opnan said promise.,ouch pooling to be into a well unit or units net exceeding forty ieoi re..mug serene so of lees q cent - a -I of forty blob a<n.for ou •na t exceeding six hundred and forty taw) re plus an.heat tolerance of len per cent f 10'RI f.a hundred nd forty)inn,acres,tot` except that IDrrrr units sr be created le conform lo pacing or well unit pattern that r M IUM b mental thornles having jurisction.Levee map pool a ine mrrnr Covered by this lease p any portion thereof..,may provided.as to by egn- n an one or more strata.End nor w formed need not conform m nn a with the it r`nuD t°which me bode I,pooled r combined as to e r thm stratum or strata,and oil nits need not conform as o• D with ps units.The pooling In one m r interne.•hall not emir u,t the rights of the Leine hereunder to pool MS lease or portions thereof Into other umn.Lessee.hall execute T riling.More place of record an Instrument or Instru- ments Identifying nee describing the pooled `e.Tn•entire a pooled Into•unit shall writing tented for all purpose.. a ep' the payment of r sins es of tl we Included 1 this lease:acreage. drilling or reworking aeration.thereon r production of oil o u.s therefrom.or dale completion thereon •.of well as n t`Inni il.In be considered f ail p poser pt the peyme t of muslin* • 11 such operation.w um production • were re r such `hiion e o the Ind for Dy NI lean.whether or t the well wells es lowed the premises covered by his lent In lieu of the royalties &nother*herein specified,Lessor hall receive from•unll n formed,only such portion of the royalty •ipulated herein n he mount of ha acreage mated in the Unit°r hie rOyilitiyr Intemeet therein bean to me foul R«e rr a pealed In`me p.ueul•r unit Involved.Should any uhll - prigm•nr nested hereunder contain leu then the ealmum number f acres nereln•boe.penned.then Lome may•I my Erne thereafter,whetherbe.fore or after production Is obtained on the unit.emarye such unit tar adding additional urege thereto,but the enlarges n shall In d vet exceed ~- he•treare consent neem.bove specified.In the event stating It le so•merged.Lune shall Comme and place of record•supplemental dclare- lion of unitization Identifying end describing the land added to me existing unit: provided. that N such supplemental aeel•ralion of unitization Is not filed until eller production obtained on the unit as originally ate,,then d In um event the plemmul declaration of unitization shall not become inud are.by reknit of reccord nnuri of termination°nlM1 recall lnli°wms Ide (lima lriere°L vin me absence of pr°dummn IRIXe mar terminate •car L Lew•also shall have ttr rlYd lo mallet pool. r combine all° any part of the above described lends with other lands th the mime general • y.. are•by entering modify. •c per Ire o unit plan of developent or operation pnnved > y em a 1&f•ulhernly add.from time le lime, with twj�'like V m I.to oddly.change termini* y• h plan or rgnemmt and.In such event.the term condition.,na provisions of this Inn shall be deemed modified to conform to the term.,conditions, d provision, of much maroon'cooperative or nit pin of development minion d,par- culrthy.&I drlinn • d development repulremenu of IM. leeee. or ImpliiN,shall le•salltlhed by compliance will%the drilling and development requirement.of such plan of rrnemenl,and this nose hall not terminate or expire during the life of such plan r agreement. In the event that said above deuribed lends e r y part thereof.Matt herulter be permed under y such cooperative d unit Ian 1 evelopment o operation whereby me production therfrom la allocated be dmmnt portions of the land corned hr meld plan,then the production el to•nr particular tract of land gul for the purpose f computing the i 'aloes to be paid hereunder to"Leessor.b rded as hewing been produced Lnm me particular tract l land n whim n I.allocate and et m ) her Inn f lanQ end me r°r•liIy wrmml.Y be made hereunder lo Le.ror shell be hosed upon production only a (lowed.Lessor mall formally •Leg any iterelme o unit pun of development a Lem. • d - _approve,by r governmental money by executing ine u `v o request f Lo epemnnon.epmr by IL Lessee snare nee the right t any time without carmen re consent to vender cold any portion of the trade,ntila °n to me screen surrendered,Lease man cone me right at any time during or after see eephatton of this leas.premise.ease remove alrelieved properly ;sees below°tang by Lessee n lend.e hhaumng m< eyen °grew and e rat ruing. anti red nr barn n end •without Ipe ..irtew o dlmn pm.dam:•sea car w t,scan lie anted ner to see anyUta OMI ben col a rproveme horn new .ehd Indma sass a.. .nteLe"M Leese.arrcn to v.°mVUr Vnr b me owner thereof mhr aarnnke, ., onin. car ymhnrnvenvni• rnua.d car m n..ntioe Lnm dre .34-7 3 ‘--3.7..C` 71 Sit .. 0en' ry�rude Rte• ` pt_X.W .1...11)'1.11.1, • ...",...,...../ 7C i,,... f.Tne dart(.of either party hereunder may be anilines.In whole or In part,and the provisions hereof shall extend to the helm narrow*a and .sllgna of the perm.herein,but no change or division In ownership of the land.rrnula or royrltles.however accomplished.Moil operate to onto..Use obhgolioN or diminish the rights or Lessee•No change In the ownership of the land,or any interest therein.shall be binding on leae.until Lessee sho4,1 -h- W Ititrplthy4 w11h g ant I si nap/01 Ni►argrl a ilnllr4mtnat•to rvvrl Prot!tllnt M ►II gI ar rar s 7 t6ir tics ie+n Irint.Inhrrlfgn 1 or rile �f nIA►IRAy,In e.enl 0�ZAl lul nrAlnl g fhN ItiN u In.R iRRN/RIfH ti�0 6�N��ItRtl,1 R ffniR�i t YIf hIf undlF la t.§R (''Ohre 11 IfN9N� "N'- A ='IiNg11, Hr2,17411.1«:?.. en 11g )aft In/Id 1ff!14(1 l!/r g gf fur`lt n t1 IVI I/I 7:1`414,14t1 :1` a/ml1� rI!11�R r"0) eN M(l RI d erJ7:1: lion ownert Aerfunline 1f1 orm ont to sew RnR I or 1NN.i w110�g' In i� akall ge re�eYed af�� a�l{gar' Mf reape0r la�� gTea gOf.lion or er portions arlaing auDvegwnt b tA0 date,of aalinmonL t� 10.An*xpr"u or Implied tevenants of this lease Mall Do subject to all Feder"'and!bb Lowe,Executive Ordoio.Sul.or%imitations..and this ``. lease shall not be terminated.In whole or In part.hor Levee held 14 io In domain.for(allure to comply the therewith,If compliance Is pyrevented by.or if , such failure Is e moult of.any such Law,Order.Rule or Regulation,or I!prevented by an act el Cod,of the public enemy.labor dlspuWa.inability to • Obtain.material.failure of tranmortatlon.or other cause boyond the control of Lessee. • .. , y,•l:•_ If.during tho term of this Ionise.011 or gat other or other hydrocarbons or oer mineral le dimtovered upon the leaved yeernleeo.but Lace.la prevented from producing the ammo by mason of any of the causes eel out in th:s Section.this lea shall nevorthelea be eonatderod as producing and anal)continue in full force and effect until Lowe is portent.b produce the oil.gam other hydrocarbons.or°Nor mammal end ao long'homelier as ouch production continues In baying quantilln or drilling or reworking operation*sr" continuos'as elsewhere harin provided. lt.Lessor hereby warants and ogre.to&fend the title,to said land and agrees that Levees at Its option play dbtchargo any tog.'mortgage or -+ ether Son upon said hind.either In whole or In part.and In went Lase.does so,It scull Do subrogated to such lien with to right to enforce amo and ". a ply rent.ls end royeWta acerulni Mroundor bwaM aWfrling Mme.W'Moul ITpair imi al Leaee'o rhghos undo the woRNb 1r"went e1 fallura of =—� t�Ui.It N agreed that If Lar owns an Marcel k aaW lone lea 1nN lM mllr"/es ample esb4.lien t(fe nyalties and rentais b a paid Laver a1W1 - be reduced propertonotely. . M1. .. I All of tho provisions of Sits lease shall Inn.to th the of and Do blinding upon the peril«hereto, eir beles, adml tot;'nweeron and afgnhs- ' This agroemenl shat he DInding ors itetb of tTo atm.mused parties who sip me,regenlIees of who .It la sod by any of the otter _ pe.41a. 1N wnwras WHI RLO►,this Inot utnenl Is executed en the dote,first stove wrl ` • h . .-}•. WITNESSES: ....-..._..._.__.. .... ...__....-...__-__ �._-_..__.___...._.�--'—'-'-_'--'_'----..._ _...._...-.... /dam . I 1 STATE OF COLORADO, l • ' W �^ r SS Colorado Acknowledgment ' COOpry Of..._..Is rL_..__ ...._. 111 The foregoing instrument was at#no.ledged before roe this-.—............_—. nth —_dq of • ---,februar.Y..__...__._._..________.____., AD, t9.70 • -_ ...., A.Rftur2f.w_hunzman-..and...Sylua-.1._Eunzman,..liia..srif=;.-RuLd_liuninaon.,.. a_.13.1.09].8 woman j Y;1•WitAesxltvll�and.:nd official seal: i j O t�� r^ .. likfe�fffion L(�rEpl, , .Jan�:�rY__ 1..,...1973 _ _ _ �Urt-1G IULc�� .-...... _ ._� ___ _.._...._... __ Arblie._._. a • STATE OF COLORADO, SS, Colorado Acknowledgment • County of.__..._._...___._................___11 Theforcgoing instrument was acknowledged before me thin..-._.....-_...._..- -.-......_.__.._._._...._. ..._...__ .-..__ day a I _ - _..._......._.._....-......_...._....._-........-' -...-_........_._.........--•••— ,.......... � N: I. Witness my hand and official sell: • • My.commission expiry _ • • ..-....-....-...-......._.-_._......_....._._..-...._..........__._._..........Notary Pudic. f $ r I W�t 1• • S I py I d I 1 1 • O. V P G i r t) A 0 'a I i - I ' - t s.. I t rip 1 :=.11. i" 8 I . 1 oc1 I� tn I W 1f7 Oo a� I I! ).-1a i I N • • �' 1 c ' rat? I l� Q I .1 m CJfoe I i I I $ g u1 i `0!.m 4 g). 0 o I 1� t a I • j o j b 8 I z .� . . a .. , B • t,,:.J:h‘• ,,te . . l /+v4E i.w. li 1 . it 7 r. 7'CU Recorded at O o'clock .4-—IA, AUG u 1974 Rec. No. Is ISE�� S. Lee Shehee, Jr., Recorder Property #312356 Name - John A. Kunzman et al AFFIDAVIT OF LEASE EXTENSION OR PRODUCTION A. M. Roney, of lawful age, being duly sworn on his oath, states that he Is the Assistant Division Production Manager of Amoco Production Company, I .._, a Delaware Corporation, authorized to conduct business tr. the State of Colorado - i and that he is authorized to make this Affidavit on behalf of said corporation: and that: 1 . Amoco Production Company is the owner of an Interest in the following j I desrribed oil and gas lease, covering lands In Weld County, Slate � of Colorado: I Lessor: John A. Kunzman et ux and Ruth Kunzman, a single woman i LCZSGc: T. S. Pace I Effective Date: February 4, 1970 Filed and Recorded: ?larch 26, 1970, Book 622, Rec. No. 1544376 I Insofar as said lease covers the following described lands In said County and Stag:, to-wit: Township 2 North, Range 66 West Section 5: SW 1/4 Section 6: E 1/2 SE 1/4 Section 7: All of the E 1/2 NE 1/4 lying east of U.P.R,R. Richt-of-Way ' Section B: ti 1/2 NW 1/4 Containing 345 acres more or less 2. The above lease is for a term of (10) Ten yearn from the effective date thereof and as long thereafter as oil and/or gas is produced from the said land, 3. A producing gas well has been completed on tla above described lands on April 9, 1974 in LheMuddy ".'sand and is presently _ shut in waiting on connection :1 1 ,17 YYWELD COUNTY Ilttt ri.., orrme or THE COLINTY CLERK AND RECORDER AcNr5POh1ER EE4 G'b ... AND seoenn 0.)3._...-fir,_AIM1. THIS IS TO CERTIFY THAT THE FOLLOWING DOCUMENT DOES NOT MEET REQUIREMENTS FOR LEGIBLE PHOTOGRAPHIC REPRODUCTION. r ANY �� . �J"r EDGE NEE. SAVARD t •• DEPUTY COUNTY CLERK i`. ... no . • • 164196'7 ,00 720 .1. Tbi❑ Atfivavit i:: mud.: iir um ullancc with the provisions of :section I 3-6, t;olor,u:o Revised 1963, and is for the purpose of giving ✓,tiu: that ',he above cquscrlbed led:••• in extended beyond its primary or definite Lerm by the production from the well set forth in Paragraph 3, hereof. % IN WITNESS WHEREOF, this instrument is executed this.:.2.±_day of 197,Z , 1 /,-- By By A. M. Roney ;;T.ATC OF COLORADO ) ) SS. CITY AND COUNTY or DENVER ) SUBSCRIBED AND SWORN to before me byA.M. Roney th1 day of �L n 197 Notary Public ,. . ,� ivy C mmisslon Expires: r•. i COLORADO STATE OF COLORADO ) ) SS. COUNTY or DENVER ) The foregoing Instrument was acknowledged before me this day of t r 1 ��a�7 u..�i F tom,r Aar l e I,) ern i M1..1 • -,_ /) AUG121.;?4 Recorded or 4� tickxk '1 M.__._.._.__ Rec. No 16,1252.'3' 5. Lee Shehce, Jr., Pa'Ord r • C, .r, property # 312356 Name — John A. Kunzman et al e: AFFIDAVIT OF LEASE EXTENSION OR PRODUCTION t: A. M. Roney, of lawful age, being duly sworn on his oath, states that• V . z t_ h.: is the Assistant Division Production Manager of Amoco Production Company, H a Delaware Corporation, authorized to conduct business tr the State of Colorado AN and that he is authorized to make this Affidavit on behalf of said corporation; '" ,t�qt k ti: rnd that; W " 1 . Amoco Production Company is the owner of an Interest in the following ua+ described oil and gas lease, covering lands In Weld County, State ,,",.' F'' .'+' of Colorado: •�.;p Lessor: John A. Kunzman et ux, Ruth Kunzmann a single womanq,p Lessee: T. S. Pace n Effective Date: February 4, 1970 Filed and Recorded: March 26, 1970, Book 622, Rec. No. 1544376 ~' insofar as said lease covers the following described lands in said County and 11 Stage to-wit: e ` x•, Township 2 Northy_Range 66 West Sec.5: SW} _+ Sec.6: El, SE} fkI' Sec.7: all of the E1 NEk lying, East of U.P.R.R. right of way . Containing 345 acres more or less Li! 1' 2. The above lease is for term of (10) Ten year:: from the effective ante thereof and as long thereafter as oil and/or gas is or( duce(' from the se•id nn'(( !and. 5•` 3. A producing _gas well has been completed on tIe above described ; lends on 4-9.74 in themuddy"J"sand and is presently r shut-in waiting connection_ 41)* 72 I 16,i2b23 a2 fwavr: ir. mad', in `ompliance wnh the provisions of Section id- -b, .:cloi pa, Revised fita;ul••;. 1963, and is tot the purpose of giving th.it ;he a'uwe ciuseribeu Dni is extentind beyond its primary or definite proriuL:ion from the well set forth ir. Paragraph 3, hereof. WITNESS. Wl1EREOF, this instrument is executed this 7 day of , 197V. By - _' A. M. Roney Oi' COLORADO ) ) SS. . ....,. CITY AND COUNTY OP DENVER ) t.•F''' *Via, SUBSCRIBE:) AND SWORN to before me byA.M. Roney this 7 day of Y. ^G1P G 6 . 19'7 V J' '� �� % .t' p41/4p� k=5 -'L-L„. Notary Public ?.Sy Commission Expires; - COLORADO STATE OF COLORADO ) 1 re JJ• COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ,day of _ _, 197_ Notary Public ,My Commission Expires: (1., _ .'t a IP0IC pay geeoro.._ sty_./7...--oclook-..M., !'(.tllilt_ �37Y. - .-ii.I i; 6E geeeitloa foL160,4. 4 � ci `anti SPuLVI v:.�.der. ' 1 ••' D * �B"'eOHN .'ICUN2}vt•�ltih se aWf�p " f. ' , 0: e;glie( . • F i1 '`± J 1 i it :1l1h• i _ 4/�4. , . , ',Si41. .i • . `p � R Ys .. whose address is .Route 2, Box 12d,"ort L'tipton; Colorado sA � 6 f i4.%(*/•1„.1')71 L? "., i , i,y r - .i ' w e i .k 80621.; + -I'd ii .;? '. , .;7 1 t ; t .f County of I Weld 19 and State of! t �1[ 4 - it i. / n N 1.= Ctn. .ni .• 1 `' 1 i : o 4 1 ZJ. rat,J� r'l r ') .•L'-', t a Colorado ! ,for the consideration of other good and +( , Al t /�I t - r r, 9' a, valuable consideration and Ten -. 2..3 CI mod'paid, - i' �� N� i i.' I� 1 yy rn 1 i N/ 'I >._ _4 p M r • o hereby sell(s) and quit claim(s) to SYLVA•'1. KUNZMAN . ` ,e F .I f '�' • vo .N-I I whose address Is Route 2, Box 120/ Fort Lupton,i 80621 _ '° 7% F d ,! 1 i I At 1 al County of Weld ,and State of Colorado , ,the following real el i "1 property,in the County of Weld ,and Slate of Colorado,to wit: io I 1 o i P An undivided one-third interest in and to all oil, gas, and - -- 1 o mineral rights in the Southwest Quarter (SW'/.) of Section 1 "' Five, the East Half of the Southeast Quarter (E'/x SE%) of 7 dr y/A' Section Six (6), and the North Half of the Northwest Quarter hiIti (N'/zNW'/a) of Section Eight (8), all 1n Township Two (2) ;f1-`. North, Range Sixty-six (66) West of the Sixth (6th) P.M., i Weld County, Colorado, (comprising 320 acres, more or less), i i 1 '> J i 3 1 with all its appurtenances Signed this 13th day of March 19 ' (--- ..i W .t. .M-en.l- `iiTili 11 KunzanJ��' STATE OF COLORADO, 1 County of Weld 1.8" The foregoing instrument was acknowledged before me this 13th day of March , 19 73 ,by JOHN A. KUNZMAN. Mt `\�...r...j(i {.;• Mb conlmiasiep expires August 31, 1975. (SQ1fnF4 m{bd9ld and official seal i O .) �``- fi ,R� pV Notary wBa 47e........ r.." alnfVe ltreit=7.1a!er .Innl o.,.un o.wr.n:hi" in II: m°nr n.nu.:n ep n WV m rwnrnla"n nr lion:If po IV r ord: 0.7-t.. N.n I.. f on ulnr::IITq-In-fM1 (o=; p,elta r drerl'- tmn;N en officer i eoryanrlan.u.n lu.rt noun pi:uen oieie.r or oiflura le.DreJe.n(or elh.r o%tldn i.um Oo- ponuon . Ina li n No. 898. pnlT CLAIM DtrD-ah.rl Imo-8m rO.I.II an am.n...lul,h-01 Caravan,.—Bradford Putll,hing Caravan,.1121 aHnl stn D .s, n.r.Coin.° ri'4 1 "s . • AR2156615 B 1210 EC 02156615 09/23/88 15 : $6.00 1/002 F 1451 -.ARY ANN FEUERSTEIN CLERK & _LCORDER WELD CO, CO c�`WatiarLtay6Deed� THIS DEED is a conveyance of the real property described below, including any improvements and ether appurtenances (the "properly")from the indwldualls),corporalion(s).partnership(s),or other entity(ies)named below as GRANTOR to the individual(S) or entityltes) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property. except for(t)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-ol-way shown of record (3) any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty Exceptions". • The Specific Terms of This Deed Are: Grantor: (Give namets)and placel s)of residence.d the spouse of the owner-grantor is joining in this Deed to release homestead rights,identity grantors as husband and wile) MURIEL L. LORD AND SHIRLEY R. LORD ^rte .1 Grantee: (Cu, namelSI and addresslesl statement of address.including avertable road Or street number. is required I t STEVEN H. NELSON AND KIM M. NELSON 1516 CENTENNIAL DRIVE LONGMONT, CO 80501 "s Form of Co-Ownership: dr mere are Iwo or more grantees narned.they will be considered to take as tenants in common unless the words"in -'-- pmt tenancy or words or the same lneanmg are added in the space below.) ,4«" JOINT TENANTS Property Description: IInclude county and state 1 State Doumentory Fee Date A L Gs_� •r ;s SEE ATTACHED EXHIBIT A Property Address: VACANT Consideration: (The slatemebl of a dollar amount Is optional.adequate consideration for this deed will he presumed unless this conveyance is rdenh Led as a gill in any case this conveyance is absolute. lin&and unconditional 1 SIX THOUSAND FIVE HUNDRED AND 00/100 • Reservations-Restrictions: III the GRANTOR intends to reserve any interest in the properly or to convey less than he owns.or a tree GRANTOR D n resu.chng the GRANTEE'S right in the properly.make appropriate md¢alion l A m 0 a Additional Warranty Exceptions: (Include deeds of bust being assumed and other matters not covered arwve I 5 n m c O Executed by the Grantor On 19 Signature Clause for Corporation.Partnership or Association: Sign ture CIFpn for 1 NNW I(s): _ I Name of Grantor Corporation.Partnership or Association MURIE L. LORD Grantor By Grantor By " �� C� AttestSHIRL Sall. Cyanic. . L010 Graor Srii.w.#f-CptogADo ) ss CO101P.QF x'.1•(4- 1 0 -1)tZiOrippyilq inslrtvnesls ras acs nowledgee Before me inn ,1 Oily of /�.,.��.,-,,/ . 19 rC . tr.,.MVIiT'EL' L..• :1,0$D AND SHIRLEY R. LORD •WITNESS dpAnind veto teial seat. ��¢- �jy' My'eommleetert Fad .�J.2 D/Ey 9,Part-Ca.� SCI-J ✓` •r '- I Notary Public sTAtE.OF ; ss Co i Tiy'i1f: r'I\'..,. y rMW!vgopg;ylsou)iunr was au nowlaepM before me lens day of , 19 By•. • ('name individual Granla(q or if Grantor is Corporation.Partnership or Association,then identify signers as president or rice president and secretary or Jainism secretary of corporation.or as pariner(s)of partnership:or as authorized member(S)of association.) ' WITNESS my hand and official seal My commission cyan: Notary Publi 4 )),..;•;.:i rr,r, •P.O.B x ISIS• LEGAL FORMS NO.701 O.Box lets•Greeley.Coloreoo 110617 (307)7311-pail a • '.-1+S , • H 1210 REC 02156615 09/23/88 15:54 $6.00 2/002 =L4 ! F 1452 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO r?' EXHIBIT A TO WARRANTY DEED a.t DATED: SEPTEMBER 22, 1988 GRANTOR: MURIEL L. LORD AND SHIRLEY R. LORD GRANTEE: STEVEN H. NELSON AND KIM M. NELSON All that part of the East 1/2 of the Southeast 1/4 of Section 6, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, lying West of a line 200 feet West of the center line of the Union Pacific Railroad Company tracks, except the South 60 feet and the West 30 feet thereof, right of vay for roads and excepting the following described parcel of land; Beginning at a point 60 feet North of and 30 feet East of the Southwest corner of said East 1/2 of the Southeast 1/4 of Section 6, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado; thence East parallel to the South line of said Section 6, 140 feet; the Southeast 1/4 of said Section 6; thence West ;$ parallel to the South line 140 feet; thence South 250 feet to place of beginning. Y. F P r i E (:f t4 Y 1Y l f I • • IIR2207539 3 1258 02207539 03/12/90 16: 3. 510.00 1/002 F 0129 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO • ..rrryuvn 11 1.1. nq.Vt wl ®e SQUECTION c - arrazielieed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property")from the individualist.corpOration(s).partnership(*).or other entitypes)named below as GRANTOR to the individual(s) or entmy(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the Idle to lM property. except for(I)the lien of the general property lases for the year o1 this deed,which the GRANTEE will pay(2)any easements and rights-ol-way shown of record WI any patent reservations and exceptions(4)any Outstanding mineral interstate shown of record(St `. any protective covenants and rest Actions shown of record.and 16)any additional matters shown below under-Additional Warranty Exceplwns" The Specific Terms of This Deed Are: Grantor. I OM namelsl end place's)of tevdence a IM{pduN of the Owner•granlor n ptmng In inn Ond b robes*nomrsleed rights,renlay 4^Ea grantors as husband and wore f TT' MURIEL L. LORD AND SHIRLEY R. LORD 1054 RIDGE VIEW PLACE CANYON CITY, CO 81246 • Granles: (Give namelsl and addresslesl.statement o'address.including wallaDle road or,Veer number,a required) STEVEN H. NELSON AND KIM M. NELSON - JOINT TENANTS 1516 CENTENNIAL DRIVE y LONGMONT, CO 80501 • Form of Co-Ownership: in Mete are two or mo•egrantees named.ram will be considered b rata Wants in cOnenon unreal Olewads-m point tenancy or words z!the same meaning are added in the space WOW) JOINT TENANTS • Properly Description: nnclude county and state f NL SEE ATTACHED EXHIBIT A This is a Correction Deed to correct the legal description of the Deed recorded S September 23, 1988 in Book 1210 as Reception No. 2156615, Weld County Records. Properly Address: VACANT ; Consideration: an,statement al a dollar amount is°peons, adequate consideration lot this deed will M aHumed unties ten cOnoeyance 'panelled as a nth m any case this cOnveyanCe PS aDaOlule.final and unCOndllgnal) • NONE CORRECTION DEED. Reservations-Restrictions: litn.GRANT on tetreds,o taunt any mleref,in live property or to convoy',sinter'Mors or if me GAMOW% D is IesInCeng tan GRANTEE'Stight in me properly mace apaoOrule mdnaeon I • A n O G Additional Warranty Exceptions: *mega deeds or mw taw assumed and parr mamas not covered,love 1 A 3 ° `7)(i e4 5 90 Isecured by ins Grantor on Ig slemartwe Ctawe Ill CerPeralbn.Partnership or Meotlarbn: MgnMma C�rwf�er Mlyeleeaysl: lo_�Oae/Jst�y/ Name OI Grantor Corporation,Partnership or ASSOCrbOn ` Grantor MURIEL L LORD By • Grants By y C Attest Grantor AND SHIRLEY R. LORD STATE OF COLORADO ss COUNTY OF 1 O The loregomg Instrument was ecxnow,edged Delete me Intl 9 day OI ` IQJr.C�c.� le / BY. MU EL L. LORD AND SHIRLEYR. LORD WITNESS bend end oliicl.tnM,;�-vDITA+.OilEORE Yye r:0 TAR PueLlc STATE OF D 51ArE Of COLORADO s-391 )tide *� � &47(1,0 • COUNTY F 1 COIT Sion a - t . The'Otago lino 1 VIA-A th day of , 1g Ey• • rams individual Grantor(*)or If Otanla a Corporation.Partnership or Anocbtron,then Idaralfy ant aesrdent Or Vice connidenl and flowery or assistant secretary of corporation;or as partner(sl of parinerteep:or as authorized members)of association) 4✓l • WITNESS my had and elllelal seat. - Yy semmiselon mikes: teary Pubis `•. .a _a • •lest UPDATE LEGAL FORME MO.Ea P.O.Boa ISIS-Gala.Colorado Y,ast (✓ �/pad SfFpM • B 1258 REC 207539 03/12/90 16:33 . 10.00 2/002 F 0130 MARY ANN FEUERSTEIN CLERK 4 RECORDER WELD CO, CO EXHIBIT A TO WARRANTY DEED DATED: 3 4/90 GRANTOR: MURIEL L. LORD AND SHIRLEY R. LORD GRANTEE: STEVEN H. NELSON AND KIM M. NELSON - JOINT TENANTS All that part of the East 1/2 of the Southeast 1/4 of Section 6, Township 2 ` North, Range 66 West of the 6th P.M., Weld County, Colorado, lying West of a line 200 feet West of the center line of the Union Pacific Railroad Company tracks, except the South 60 feet and the West 30 feet thereof, right of way 4 for roads and excepting the following described parcel of land; Beginning at a point 60 feet North of and 30 feet East of the Southwest corner of said East 1/2 of the Southeast 1/4 of Section 6, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado; thence East parallel to the South line of said Section 6, 140 feet; thence North 250 feet parallel to the West line of said East half of the Southeast 1/4 of said Section 6; thence West parallel to the South line 140 feet; thence South 250 feet to place of beginning. a 6' U R" µt, L.+ S n ' w i, i.. d SL.*DE, DOYLE, KLEIN, OTIS & FRL. ATTORNEYS AT LAW RICHARD N.DOYLE SUITE 300 GREELEY TELEPHONE HENRY C.FREY GREELEY NATIONAL PLAZA (303) 353-6700 ROGER A.KLEIN 622 7th STREET FRED L.OTIS GREELEY, COLORADO 60631 DENVER METRO TELEPHONE WILLIAM E.SHADE (303) 656-7576 LINDA H.ROBERTS April 27, 1990 Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re: Steven H. Nelson and Kim M. Nelson - Application for Use by Special Review Dear Department o£ Planning Services: This letter is intended to comply with the Application Requirements of the Use by Special Review Procedural Guide. References to numbers below are to the specific references on the Application requirements. 1 . A complete Application form is attached. 2 . A detailed description of the proposed use shall be supplied. Steven H. Nelson and Kim M. Nelson ("the Nelsons") own the South 510 ' of that part of the East Half of the Southeast Quarter of Section 6 , Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado, lying West of the Right-o£-Way of the Union Pacific Railroad; EXCEPT the South 60 feet; EXCEPT the West 30 feet; and EXCEPT the following described parcel of land: Beginning at a point 60 feet North of and 30 feet East of the Southwest corner of said E1/2 SE1/4 of Section 6, Thence East 140 feet parallel with the South line of said E1/2 SE1/4; Thence North 250 feet parallel with the West line of said E1/2 SE1/4; Thence West 140 feet parallel with the South line of said E1/2 SE1/4; Thence South 250 feet parallel with the West line of said E1/2 SE1/4 to the Point of Beginning . The above-described parcel of land is approximately 10 acres. Nelsons desire to have a tractor/implement sales and service facility on approximately two acres of the ten-acre parcel . This would be a small , family-run business similar to the business operated by Nelsons in Hygiene, Colorado, for the past six years . It is the intention of Nelsons to service the needs of the local farm community, many of whom are current customers who have had to travel to Hygiene in the past. Nelsons simply intend to move closer to their customer base. Construction of this facility will be done in phases. As money becomes available, improvements will be made to the property as follows : e� Weld County Department o£ Planning Services April 27, 1990 Page 2 36 y tR Phase 1 : A steel building, pre-engineered to meet all building codes, will be erected. Phase 2 : Add all utilities . Phase 3 : Finish the interior of the shop building to meet codes and apply for a Certificate of Occupancy. (a) Explain proposed use. As described above, this will be an agriculturally-based, family-run business that serves farmers and small acreage landowners by providing sales and service of farm implements and equipment. (b) Explain need for use. A growing number of Nelsons ' customers are now driving to Hygiene, Colorado, from the Weld County area. It is hoped, by opening a facility in Weld County, that these same agricultural customers will have to drive less. (c) Explain the types of existing uses on surrounding properties. The surrounding properties are all in agricultural use. Highway 85 abuts on the East. (d) The distance of the proposed use to residential structures in each direction. On the southwest corner of Nelsons ' property, there is another property of about . 8 acres with a house and two outbuildings. Two to three hundred yards west of Nelsons ' south property line is another neighbor ' s house and directly east of Nelsons ' south property line, and directly across Highway 85 about a half mile, is a third house. (e) The maximum number of users, patrons, members and buyers. I£ approved, this property will be operated by the Nelsons as a family-run business. No employees will be hired . Nelsons estimate that they might have as many as 12 customers a day, but not more than two or three at a time. At their current location in Hygiene, Colorado, Nelsons have a customer base of about 200 farmers, a growing number of them from the Weld County area. It is estimated that most of the customers will come from the Weld County area surrounding the property saving driving time and servicing the agricultural needs of the com- munity. (f) The number of employees, number of shifts, and hours of operation. Nelsons are the only two workers with business hours of 8 A.M. to 6 P.M. , Monday through Saturday. They may, sometime within the next five years , hire an additional employee. Cy' Ae Weld County Department of Planning Services April 27 , 1990 Page 3 (g) The type of water source for the proposed use. A well permit will be applied for pending approval of this USR. Since water use will be minimal , a permit under the Commercial Exempt category will be sufficient to meet the business ' needs. (h) Explain the access route (s) to be utilized for the proposed use. Access to the facility will be from Weld County Road 25 1/2 on the West side of the property. The driveway is located 255 feet north of Weld County Road 24 on Road 25 1/2 . (i) Explain type, size, weight and frequency of vehicu- lar traffic associated with the proposed use. The vehicular traffic will be that associated with the employee and customer bases described in Paragraphs 2 (e) and 2 (f) above; i.e. , an average of 12 customers a day. (j ) The type of sewage facilities for the proposed use. When the building is built, an engineered septic system will be installed. (k) A description of the proposed fire protection measures associated with the proposed use. n/a (1) The types and maximum number of animals to be con- centrated on the Use by Special Review area at any one time. None. (m) The type and size of any waste, stockpile or storage areas associated with the proposed use. There would be some storage for tractors and implements until fixed for resale. These will be stored along the west line of the property neatly behind the building with display of those ready for resale on the south and east side of the property. Any waste will be promptly removed to a landfill . Nelsons anticipate keeping this facility as neat and clean as they have their facility in Hygiene, Colorado, over the past six years . (n) Type of storm water retention facilities associated with the proposed use. This land is an old, abandoned gravel pit (dug in about 1956) . It holds water ap- proximately eight months of the year as local irrigation and the river volume causes the area ' s water table to rise. oe „ ,4:lr Weld County Department of Planning Services April 27, 1990 Page 4 (o) The time schedule and method of removal and disposal of debris, junk and other wastes associated with the proposed use. Any debris , junk or other waste will be promptly disposed of at a nearby landfill . Nelsons intend to use this as a sales lot and neatness is an essential part of attracting their customers. (p) Explain proposed landscaping plans and erosion control measures associated with the proposed use. Nelsons would like to blend in as much as possible with the surrounding area. They will leave some of the 10 acres for existing water wildlife and will improve the reclaimed land with trees and bushes. In time, as they come up with fill (and permission from the Army Corps of Engineers) , they will replace the vertical cliff sur- rounding the pit with berms with gentle, sloping edges. (q) Reclamation procedures to be employed upon cessation of the Use by Special Review activity. None will be necessary since the pit was dug in 1956 . (r) A time table showing the periods of time required for construction and start-up of the proposed use. Upon approval of the Use by Special Review Permit, Nelsons will commence the building phase outlined in Paragraph 2 , above. 3 . The following written materials and supporting documents shall be submitted as part of the Application: (a) A statement explaining how the proposal is consis- tent with the Weld County Comprehensive Plan. The facility contemplated by Nelsons is consistent with the Weld County Comprehensive Plan because it is support for the agricultural needs of the community. Further, no property will be taken out of agricultural production since this is essentially wasted land at the present time. There are no water rights with the land and, therefore, could never be reclaimed as productive farm or ranch land. The Nelsons look forward to turning un- productive wasteland back into a valuable asset to the agriculturally-based community; i.e. , a small , family- run, farm implement dealership. (b) A statement explaining how the proposal is con- sistent with the intent of the district in which the use is located. The district is zoned agricultural . No land Weld County Department of Planning Services April 27, 1990 Page 5 is being taken away from agricultural production and will be used to support the agricultural community by servic- ing the sales and repair needs of the local farm community. (c) If applicable, a statement explaining what efforts have been made in the location decision for the proposed use to conserve productive agricultural land in the agricultural zoned district. No property is being taken away from agricultural production because none now exists. (d) A statement explaining there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. The local area will be minimally impacted by the facility contemplated by Nelsons. The health, safety and welfare of the inhabitants of the neighborhood and the County will not be diminished by this proposal . (e) A statement explaining the uses permitted will be compatible with the existing, surrounding land uses (include a description of the existing land uses of all properties adjacent to the property) . As indicated in Paragraphs 2 (c) and 2 (d) above, there are all agricul- tural uses surrounding this property with the exception of Highway 85 immediately to the east. The use by Applicants will be harmonious and compatible with such uses. (f) A statement explaining the proposed use will be compatible with the future development of the surrounding areas permitted by the existing zone and with future development as predicted by the Comprehensive Plan of the County or the adopted master plans of affected municipal- ities . The use by Applicants will be very compatible since it will be servicing the agricultural needs of the community in which it will be located. (g) A statement explaining the Use by Special Review is not located in a flood plain, geologic hazard and Weld County Airport Overlay District or that the Application complies with Section fifty (50) , overlay district regulations as outlined in the Weld County Zoning Ordinance. The Applicants ' property is not located in a flood plain, geologic hazard or Weld County Airport Overlay District. t„;,. wr. Weld County Department o£ Planning Services April 27, 1990 Page 6 (h) Proof that a water supply will be available which is adequate in terms of quantity, quality, and depen- dability (e.g. , a well permit or letter from a water district) . A well permit will be applied for pending approval of this USR. (i) A copy o£ the Deed or legal instrument identifying the Applicants ' interest in the property under considera- tion. If an authorized agent signs the Application for the fee owner (s) , a letter granting power of attorney to the agent from the property owner (s) shall be provided. See attached Deed. (j ) A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standards . n/a (k) A soil report of the site prepared bX the Soil Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the uses proposed, the Applicant shall detail the methods to be employed to mitigate the limitations. See Soil Report on Use by Special Review Map and xerox copies of pages 28 - 33 of Soil Survey of Weld County, Colorado, printed by USDA Soil Conservation Service. (1) A certified list of the names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the Application. See attached Mylar and Use by Special Review Plan Map. (m) A certified list o£ the names and addresses of mineral owners and lessees of minerals on or under the parcel being considered. See attached. 4. Attached is a check in the amount of $500. 00 represent- ing the Use by Special Review fee. 5 . Attached are 25 packets of the Use by Special Review Application materials (original plus 24 copies) . 6. Attached are 25 copies of the Use by Special Review Plan Map. Weld County Department of Planning Services April 27 , 1990 Page 7 Sincerely, etjer Fred L. Otis Attorney at Law FLO:rah Enclosures cc: Mr. and Mrs . Steve Nelson ti- ()Jr' 6 a .a. z ,.., (0 O M O1 H 1/4C) -...... E O O 6 a0 N Z � w o rn v, a "' H w . 6 a 04 ral V O 0 a F O PI ti a O RS P' W re) 0 H W O W a ¢ H LA z 0 cc Z w wU c.) tow H n ¢ HH Lu ° z 0 Y w ¢ LL W J Z U Z Y• z - • .. aI- Z ¢ 0 • O f U �P O a'rt, Pidlar44°L9") -„�Po IC90900VH0100'A3133tl0-99L X09'O'd - Hello